Thursday, April 8, 2021
FOR IMMEDIATE RELEASE
SIDNEY POWELL’S STATEMENT ON HER
MOTION TO DISMISS SMARTMATIC’S COMPLAINT
Today, I responded to Smartmatic’s allegations of defamation against me in a 25-page motion to dismiss the case. I asked the court to throw out the case for the following reasons (amongst others).
1. To start, I cannot be sued in New York, because I do not have sufficient contacts with New York. My appearances on Fox News do not give the state of New York jurisdiction over me. I do not live in New York. I do not own property in New York. I do not conduct business in New York.
2. Even if I could be sued in New York, Smartmatic’s defamation claims against me fail. The information I shared about the Smartmatic machines is backed by sworn affidavits, expert reports, and other corroborated evidence. The First Amendment protects my statements about Smartmatic—they are political speech and were made in connection with active litigation.
3. Smartmatic’s desperate attempt to suggest I was a part of a civil conspiracy to harm the company is not only false, but also, still does not allow me to be sued in New York. Smartmatic fails to even remotely allege any way that I was a part of a conspiracy. And for the record, I was not.
4. Finally, my statements at issue all concerned the 2020 presidential election. They were made in court filings and on news shows. These statements would be understood by readers and listeners as expressions of opinion by me as a legal advocate, based on reliable, corroborated, sworn testimony.
I stand by my statements about Smartmatic today. I believe every allegation I have made about Smartmatic and the vulnerability of these machines is true. This case is meritless and should be thrown out entirely.
Once again, thank you for your continuing support and attention.
Stay tuned for more developments!
You may read the motion to dismiss in full at https://www.sidneypowell.com/motion-to-dismiss-smartmatics-complaint!!