Squidney Sidney Katherine Powell 🐙 - Born May 1, 1955 - Taurus / Year of the Goat / Sheep

[northland10]

Good Morning from Mike Dunford.

[Luke]

While #SidneyPowell "contends no reasonable person could conclude her statements were statements of fact", Judge denied her Motion to Dismiss against #Dominion: "It is simply not the law that provably false statements cannot be actionable if made in the context of an election".





Dunford is on Twitch now, he's going to be discussing the beautiful denial of the motions to dismiss: https://storage.courtlistener.com/recap ... 45.0_7.pdf

[Luke]

Ooh la la! The magic D word from Squidney's lawyer!!

“We are disappointed with the Court’s decision,” Kleinhendler said in a statement. “However, we now look forward to litigating this case on its merits and proving that Ms. Powell’s statements were accurate and certainly not published with malice. We also anticipate taking full discovery of Dominion including a thorough review of its election software and machines used in the 2020 election.”

https://www.politico.com/news/2021/08/1 ... ell-504000

[humblescribe]

Ooh la la! The magic D word from Squidney's lawyer!!

“We are disappointed with the Court’s decision,” Kleinhendler said in a statement. “However, we now look forward to litigating this case on its merits and proving that Ms. Powell’s statements were accurate and certainly not published with malice. We also anticipate taking full discovery of Dominion including a thorough review of its election software and machines used in the 2020 election.”

https://www.politico.com/news/2021/08/1 ... ell-504000

Okay, to my ignorant ways, this lawsuit will be expensive to defend. I highly doubt Kleinhendler and his cronies know anything about election software, voting machines, and the rest of the magic that happens during voting. He will have to hire experts not only to parse whatever the courts will allow in discovery, but also to offer up a crash course in Election Voting and Tabulation 101 to the lawyers. How many individuals will be deponents during this discovery phase? It just seems to me that the whole interrogatory/deposition/motion litigation will drag on for a couple of years.

Who will be paying the defense lawyers? I seriously doubt the defendants have a pot to piss in, let alone some handy fenestration for disposal of same.

[raison de arizona]

Okay, to my ignorant ways, this lawsuit will be expensive to defend. I highly doubt Kleinhendler and his cronies know anything about election software, voting machines, and the rest of the magic that happens during voting. He will have to hire experts not only to parse whatever the courts will allow in discovery, but also to offer up a crash course in Election Voting and Tabulation 101 to the lawyers. How many individuals will be deponents during this discovery phase? It just seems to me that the whole interrogatory/deposition/motion litigation will drag on for a couple of years.

Who will be paying the defense lawyers? I seriously doubt the defendants have a pot to piss in, let alone some handy fenestration for disposal of same.

1. Their "experts" will probably be swing set installers and such, which I suspect come cheap.
2. The poots have a number of donation sites set up, not sure how much they are taking in, but they plug them often on their social media platforms and interviews.

IMO

[noblepa]

Ooh la la! The magic D word from Squidney's lawyer!!

“We are disappointed with the Court’s decision,” Kleinhendler said in a statement. “However, we now look forward to litigating this case on its merits and proving that Ms. Powell’s statements were accurate and certainly not published with malice. We also anticipate taking full discovery of Dominion including a thorough review of its election software and machines used in the 2020 election.”

https://www.politico.com/news/2021/08/1 ... ell-504000

A couple of days ago, her lawyers were saying that no reasonable person would believe her, but today, they're arguing that their defense will be that her statements were accurate?

You can get whiplash from doing an about-face that quickly.

[raison de arizona]

A couple of days ago, her lawyers were saying that no reasonable person would believe her, but today, they're arguing that their defense will be that her statements were accurate?

You can get whiplash from doing an about-face that quickly.

Yeah, unfortunately for them, the judge really shut that defense down. Hard.

► Show Spoiler

(source for images: this thread from Jan Wolfe

[Jim]

Ooh la la! The magic D word from Squidney's lawyer!!

“We are disappointed with the Court’s decision,” Kleinhendler said in a statement. “However, we now look forward to litigating this case on its merits and proving that Ms. Powell’s statements were accurate and certainly not published with malice. We also anticipate taking full discovery of Dominion including a thorough review of its election software and machines used in the 2020 election.”

https://www.politico.com/news/2021/08/1 ... ell-504000

A couple of days ago, her lawyers were saying that no reasonable person would believe her, but today, they're arguing that their defense will be that her statements were accurate?

You can get whiplash from doing an about-face that quickly.

That's because in the failed MTD, the judge pointed out her statements were not coined as opinion but as fact. So they had to change course rather quickly.

They'll be eager for discovery, until they find out they have to prove their so-called facts. Including, how are they being paid and what sort of communications they had with the Trump administration.

[johnpcapitalist]

1. Their "experts" will probably be swing set installers and such, which I suspect come cheap.

2. The poots have a number of donation sites set up, not sure how much they are taking in, but they plug them often on their social media platforms and interviews.

I can imagine that the poot donation sites will work like all right-wing grifts: perhaps 5% of monies donated actually find their way towards the intended purpose. I can only imagine Sidney Powell moaning in the press a year from now about how unscrupulous grifters have fund-raised millions of dollars for her defense fund but she's only seen $40,000 of it.

[Frater I*I]

I can imagine that the poot donation sites will work like all right-wing grifts: perhaps 5% of monies donated actually find their way towards the intended purpose. I can only imagine Sidney Powell moaning in the press a year from now about how unscrupulous grifters have fund-raised millions of dollars for her defense fund but she's only seen $40,000 of it.

And the downside isss......

[northland10]

My great dream with this or other investigation of the right-wing noise machines is that somebody stumbles upon contributions coming from China and/or Russia, likely washed through some other steps on the way. Both countries want to see us in chaos and folks like Squidly and Trumples are perfect tools for their strategy.

[woodworker]

Early in my career, before I became a corporate wienie, I was part (a tiny teeny part) of several mass tort cases and large scale multinationals battling each other cases. If Squidney et al had competent legal counsel, their costs for conducting discovery, e.g., drafting the discovery requests, fighting in court over the scope thereof and then actually reviewing the absolute shit tons of paper that Dominion is going to throw out them will, IMHO, easily run to $1-2 million. I can imagine Dominion turning over literally over tons and tons of computer code, subject to a protective order of course, that will be absolutely useless for Squid and which she won't be able to understand. To me, what many people don't understand about discovery and a document production is that if your discovery request, for example, says to turn over all emails, communications, etc. that contain a key word, you don't get a smoking gun just by itself. You get 500,000 pages of emails where the key word was mentioned once and then was retained in an email thread with 50 people on it talking about the Christmas party, and you don't get just one copy of that email thread, you get a copy from everyone who was an addressee, cc, bcc, etc. So, if one of the key words is chinese or china, you are going to get a gazillion copies of chinese menus, someone's wedding registry or what china the caterer was using -- you get a lot of crap and nonsense and you really can't complain about it if it is responsive to your discovery request.

Average billing rate for something like this, easily $400-500 an hour, and I would expect that the defense could easily spend 3-4,000 hours on reviewing the discovery returns. That is, IMO, the minimum, and I doubt they will have the people and the money to handle this. I expect that Squidney, et al, will at some point file motions complaining that there was too much discovery turned over, that Dominion should have to pay for them to hire more people to review the discovery and that Dominion should be forced to just point out what materials are most injurious to Dominion's case. I don't have the extensive litigation history that some here have, but I suspect that the court would not be amused with such a motion.

And that is just what Squidney has to deal with re: Dominion's discovery returns -- Dominion's discovery requests are going to address every fucking statement that Squidney, et al, made, they are going to ask for the specific back-up for every statement, what due diligence or investigation did Squidney do with respect to that statement, etc. And we all know that she did squat, which means that she is going to argue that Dominion's discovery requests are over-broad, burdensome, vague, ambiguous, harassing, blah blah blah and she is never going to answer any of them with the level of detail required -- cause it don't exist.

After Squid blows off Dominion's discovery requests, I foresee many many discovery motions filed by both Dominion and Squid -- with Dominion's being based in reality, and asking for sanctions for Squid's refusals to comply, and Squid's motions being based in Lindell-Land. Was it a case with GIL where we just had issue and terminating sanctions, I can't recall -- but I can easily see a judge here getting real pissed at Squid real quickly and, after two or three OSC, issuing devastating sanctions.

That would make me so SAAAAD. This is going to be so much fun -- I hope they record and youtube all of the depos.

Love to hear from the real litigators.

[johnpcapitalist]

I can imagine Dominion turning over literally over tons and tons of computer code, subject to a protective order of course, that will be absolutely useless for Squid and which she won't be able to understand. To me, what many people don't understand about discovery and a document production is that if your discovery request, for example, says to turn over all emails, communications, etc. that contain a key word, you don't get a smoking gun just by itself. You get 500,000 pages of emails where the key word was mentioned once and then was retained in an email thread with 50 people on it talking about the Christmas party, and you don't get just one copy of that email thread, you get a copy from everyone who was an addressee, cc, bcc, etc. So, if one of the key words is chinese or china, you are going to get a gazillion copies of chinese menus, someone's wedding registry or what china the caterer was using -- you get a lot of crap and nonsense and you really can't complain about it if it is responsive to your discovery request.

I'm not a litigator, but I did do marketing for a company selling discovery management software for a little while a handful of years ago. Turns out that use of AI-type software to search a corpus of documents responsive to a discovery request works fairly well and is accepted by the courts. The software can be used by the target of a subpoena to reduce the amount of documents that must be produced, or it can be used by the recipient of a trove of documents to organize by potentially most relevant. So a subpoena target like my employer, which probably has tens of billions of e-mails that haven't expired and billions of other documents, can comply with a supboena without having to risk sanctions for floding the recipient with garbage or missing something that should have been produced. Courts accept that discovery software is pretty good but it might not be perfect; it's probably better than a manual search using thousands of human eyeballs to search these records.

As far as producing computer code, I'd say that's unlikely in the extreme. No way is Dominion going to allow their code outside the company. It's a trade secret, and given that it's about protecting elections, the potential damage from accidental disclosure is immense, not just for the company but for the country as a whole. If anyone can make a case that they need to look at source code, in the unlikely event that were allowed by the court, the court could set up a "clean room" where designated neutral experts could look at the code in a protected facility where they wouldn't be able to copy anything, and where the plaintiffs wouldn't be able to see it.

[Gregg]

If you're gonna hand over 40 terabytes of e-mail, even better, print it. Print it all, in really small type and deliver it in 199 semi trailers full of banker's boxes. Sacrifice two old growth forests for the cause I say.

[Dr. Caligari]

Love to hear from the real litigators.

I'm retired now, but I litigated for 42 years, and I'd say that woodworker is spot on.

[much ado]

Love to hear from the real litigators.

I'm retired now, but I litigated for 42 years, and I'd say that woodworker is spot on.

Any guess as to when the discovery phase will begin and how long it will last?

[bob]

The next step is for the defendants to file their answers, i.e., deny the allegations.

No doubt they'll delay, and possibly invent new methods of delay.

[Luke]

But but but the Squid said she CAN NOT WAIT to get into court to show all her evidence. Reckoned she'd be trying to expedite it. Was confused when she filed a MTD. She must be over the moon that it was denied.

The Lindell Circus was enough... will look at Telegram tomorrow. Recently, the Squid has been laser focused on... the COVID vaccine.

[SuzieC]

Love to hear from the real litigators.

I'm retired now, but I litigated for 42 years, and I'd say that woodworker is spot on.

Any guess as to when the discovery phase will begin and how long it will last?

I litigated for 44 years and also think woodworker nailed it. If I were representing Dominion , I would already have my interrogatories, requests for production of documents, depo notices, and requests for admissions ready to go and would slap them on the defendants asap. Sure, the defendants would stall and delay but the more pressure they're under, the better.

[Tiredretiredlawyer]

I litigated over 30 years and agree with the above. Whether printed or computerized, Dominion's responses to discovery will be overwhelming in orders of magnitude as will Dominion's own discovery requests.

[woodworker]

I can imagine Dominion turning over literally over tons and tons of computer code, subject to a protective order of course, that will be absolutely useless for Squid and which she won't be able to understand. To me, what many people don't understand about discovery and a document production is that if your discovery request, for example, says to turn over all emails, communications, etc. that contain a key word, you don't get a smoking gun just by itself. You get 500,000 pages of emails where the key word was mentioned once and then was retained in an email thread with 50 people on it talking about the Christmas party, and you don't get just one copy of that email thread, you get a copy from everyone who was an addressee, cc, bcc, etc. So, if one of the key words is chinese or china, you are going to get a gazillion copies of chinese menus, someone's wedding registry or what china the caterer was using -- you get a lot of crap and nonsense and you really can't complain about it if it is responsive to your discovery request.

I'm not a litigator, but I did do marketing for a company selling discovery management software for a little while a handful of years ago. Turns out that use of AI-type software to search a corpus of documents responsive to a discovery request works fairly well and is accepted by the courts. The software can be used by the target of a subpoena to reduce the amount of documents that must be produced, or it can be used by the recipient of a trove of documents to organize by potentially most relevant. So a subpoena target like my employer, which probably has tens of billions of e-mails that haven't expired and billions of other documents, can comply with a supboena without having to risk sanctions for floding the recipient with garbage or missing something that should have been produced. Courts accept that discovery software is pretty good but it might not be perfect; it's probably better than a manual search using thousands of human eyeballs to search these records.

As far as producing computer code, I'd say that's unlikely in the extreme. No way is Dominion going to allow their code outside the company. It's a trade secret, and given that it's about protecting elections, the potential damage from accidental disclosure is immense, not just for the company but for the country as a whole. If anyone can make a case that they need to look at source code, in the unlikely event that were allowed by the court, the court could set up a "clean room" where designated neutral experts could look at the code in a protected facility where they wouldn't be able to copy anything, and where the plaintiffs wouldn't be able to see it.

That software is useful if you want to make the discovery process easier. But that is contra to Dominion's tactical plan IMO. The incredibly large universe of what they might produce is unlikely to trigger sanctions for over-producing AS LONG AS IT IS RESPONSIVE to the discovery request. The propounding party should have done a better job of refining their discovery request. It is to Dominion's benefit to send multiple 18 wheelers to Squid (as long as it is responsive).

On the flip side, the universe of what Squid will produce is, again IMO, likely to be very narrow. Dominion is going to DEMAND that she produce all documents, emails, correspondence, reports, analyses, memoranda, notes of interviews, etc., etc., (a) establishing that there was factual back-up for her claims and (b) that she did the requisite investigation/due diligence (they will also ask for a ton of other stuff, but to me those are the biggest categories). But the universe for those two categories is very small -- there are no facts and she did no investigation/due diligence. And I am 99 44/100% certain that Dominion's attorneys are way more competent than Squid's and will do a better job in defining the parameters of their discovery requests.

As to producing the code, that is why I said subject to an appropriate protective order. And it won't just be current code they produce. Squid will want / need to prove that Dominion's code has been corrupt all the way back to it's days with Chavez (yeah, I know that there are no ties to Chavez), so I would expect Dominion, if required by the court, to turn over copies of its code from day one, including all contemplated versions of the code, even if never implemented.

And IIRC, when producing materials responsive to a document production request, the producing party is only require to produce them in a general form and manner in which they are maintained and filed. They are not required to identify a particular document as being responsive to a particular discovery issue. That is the job of the propounding party to sort through the mountain of material. This also means that Dominion might just give them a server, in your clean room, from which they can't copy or amend anything, and all they can do is have their expert scroll through a gazillion lines of code. Or Dominion can print out all the code and let their experts sit in the clean room and review it. I know less about code than I do about string theory, but I do know that you need real experts to understand it and analyze it, and they cost lots of money. And you need real experts whose testimony would be admissible, and Dennis Montgomery won't make that cut.

I expect that Squid's basic position is going to be "discovery for me, but not for thee." The court is going to force the parties to agree to a discovery schedule, but she is going to claim, and lose, that it is unfair for her to have to respond to Dominion's (future quote) "over-broad, irrelevant, vague, ambiguous, harassing, politicized, intentionally threatening, privacy invading, privilege breaching, and First Amendment violating" requests.

One more thought: I would normally believe that an earlier trial would be good for Dominion, but in this case I am not sure. Every day Squid just goes out and buries herself even deeper.

[mojosapien]

https://en.wikipedia.org/wiki/Barbra_Streisand

[keith]

My great dream with this or other investigation of the right-wing noise machines is that somebody stumbles upon contributions coming from China and/or Russia, likely washed through some other steps on the way. Both countries want to see us in chaos and folks like Squidly and Trumples are perfect tools for their strategy.

[keith]

I know less about code than I do about string theory, but I do know that you need real experts to understand it and analyze it, and they cost lots of money. And you need real experts whose testimony would be admissible, and Dennis Montgomery won't make that cut.

I know less about lawyering than I do about string theory, but I do know coding.

I heard about one case where the lawyers asked to examine the code for something or other. They said "just the main program is good, we don't need the subroutine detail'. The main program was nothing but a string of calls to subroutines that did all the work.

Another instance, very early on in my career, I had an experience vaguely similar to discovery. There was a petition going around for a some Proposition or other (anti-nuclear power plant IIRC) and somebody got my name as someone who knew what they were talking about when it came to computer programs. So this lawyer, or lawyer's researcher, whatever, from the petition opposition, called me up, and started asking vague questions about nothing I could figure had any relevance to anything at all, then they read off a description of an algorithm they had gotten somewhere else and asked if it made any sense. The description was really vague, but after fiddling about poking and prodding I realized what it was was a 'binary search'.

"Yeah", I said, "its good. What are they searching for?"
He said "they're matching names from the petitions to the voter registration files, will that work?"
"Sure, it would be the fastest way to do it, assuming a sorted file. But there would have to be some consideration for how people signed their names on the petition versus how they registered."
"What do you mean?".
"Well, if a guy is registered as "Ray Jay Johnson Jr." and signs the petition as "R. Jay Johnson Jr." how do you match it? So you have to consider legitimate non-matches. If you don't have a threshold number of matches to support the petition on the first pass, you have to revisit the mismatches to see if they really do match a legitimate voter".
"Oh, OK. Are you willing to testify about that for us"
"Sure"

I never got a call back.



Side note: the little guy next to 'Johnson' played the pool hustler (turned Golf hustler in series 3) informant in Peter Gunn. He is absolutely great. I should know his name but can't think of it now. He's been in a lot of films.

[Talks2Eagles2]

Ooh la la! The magic D word from Squidney's lawyer!!

“We are disappointed with the Court’s decision,” Kleinhendler said in a statement. “However, we now look forward to litigating this case on its merits and proving that Ms. Powell’s statements were accurate and certainly not published with malice. We also anticipate taking full discovery of Dominion including a thorough review of its election software and machines used in the 2020 election.”

https://www.politico.com/news/2021/08/1 ... ell-504000

"I am going to release the Kraken!!" Is that not a statement gushing with malicious intent? Squidney was on a mission to destroy Dominion. Clearly. These lawsuit defendants conspired and individually acted with extreme disregard for the reputation or operation of a company that provided the machinery to tally votes. A vote count they did not like. Their co-conspirator tfg, who could not (& will NOT) accept the reality of defeat. He wanted those swing states overturned by ANY means possible...So many press conferences, so many tweets, so many lies told and bogus lawsuits filed. Pleading "No reasonable person would believe her lies" is about the most sad sack and futile legal argument ever! Surely she made enough off of defending Manafort ? Stone ? Or Flynn? To hire someone to defend her Better than this? Roodles & his "My rights to free speech!" Is also a big fail. Then there are daily loony rants from MikePillow,who.only dug his own hole of liability Marianna Trench deep with his Cyber-Symposium..Finally, all of them contributed to the most violent & worst insurrection since 1912...Enough already. I hope Dominion takes them all to trial. And costs them EVERYTHING they have or will ever have.