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Former Trump attorney Sidney Powell is defending her comments about Smartmatic while trying to overturn the result of the 2020 presidential election and is asking the courts  to dismiss the $2.5 billion defamation suit the election-technology company has filed against her.

“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,” Powell said Thursday in a statement. “Smartmatic fails to even remotely allege any way that I was a part of a conspiracy. And for the record, I was not.”

Smartmatic alleging Powell defamed the company in the aftermath of the 2020 presidential election by claiming its software was hacked and compromised and further alleging that the company was under the corrupt control of dictators from socialist countries.

After saying such statements about several election technology companies, former President Donald Trump distanced himself from Powell.

“Sidney Powell is practicing law on her own. She is not a member of the Trump Legal Team. She is also not a lawyer for the President in his personal capacity,” Giuliani and another lawyer for Trump, Jenna Ellis, said in a statement in November, according to the Associated Press.

Smartmatic is also suing former Trump attorney Rudy Giuliani and Fox News and several of the cable TV network’s hosts for statements they made in the aftermath of the 2020 election.

“Without any true villain, defendants invented one. Defendants decided to make Smartmatic the villain in their story,” Smartmatic’s says in at least on of the suits, according to NBC News.

Powell, in a recent motion, to dismiss the case, argued that she could not be sued in New York, where Smartmatic filed the suit against her, because he did not have sufficient contacts with the state.

She also argued that her appearances on Fox News do not give the state jurisdiction over her.

Powell also says her comments cannot be considered defamatory because the information she shared about the Smartmatic voting machines is “backed by sworn affidavits, expert reports, and other corroborating evidence.”

She also argues the First Amendment protects her statements about Smartmatic because they are “political speech and were made in connection with active litigation.”

“I stand by my statements about Smartmatic today,” Powell said.” 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.”

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california

Unconstitutional: CA Gov. Newsom’s order barring in-person private school classes, says 9th Circuit

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The U.S. Court of Appeals for the Ninth Circuit ruled on Friday that California Gov. Gavin Newsom’s COVID-19 restriction barring private schools from in-person classes is unconstitutional.

The Center for American Liberty and 20 plaintiffs filed a lawsuit in July 2020 challenging Newsom’s closing of all in-person classes for schools. “Several of those plaintiffs said Newsom overstepped his authority and acted illegally by denying parents control over their children’s education,” the Epoch Times reported.

“California’s forced closure of their private schools implicates a right that has long been considered fundamental under the applicable caselaw—the right of parents to control their children’s education and to choose their children’s educational forum,” Judge Daniel Collins ruled on Friday.

However, the court upheld barring public school in-person classes during the COVID-19 pandemic.

Harmeet Dhillon, the head of the Center for American Liberty, said in a statement, “While we are thrilled for our clients whose rights are vindicated by today’s decision, we are disappointed the Ninth Circuit did not rule that all students, including those in public school, have a basic right to an education. We will continue to advocate for the educational rights of all students.”

In a statement to the Los Angeles Times on Friday, Newsom’s office said, “Throughout this once-in-a-lifetime pandemic, the state was guided by science and data—prioritizing the health and safety of students, staff, and their families while supporting schools to meet the needs of students and return to in-person learning quickly. All students are returning to full, in-person instruction next year, and the state is focused on ensuring that return is successful.”

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Mississippi attorney general asks Supreme Court to overturn Roe V. Wade

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Mississippi’s Attorney General urged the Supreme Court on Thursday to overturn Roe V. Wade when the court comes together in the next term.

“This Court should overrule Roe and Casey,” Mississippi Attorney General Lynn Fitch said in a brief, according to The Hill. “Roe and Casey are egregiously wrong. They have proven hopelessly unworkable. … And nothing but a full break from those cases can stem the harms they have caused.”

Finch was referencing a 1992 decision of a case Planned Parenthood v. Casey, which upheld the landmark Roe V. Wade case.

The attorney general made the plea to the Supreme Court as it is set to debate an abortion restriction legislation that essentially bans all abortions after 15 weeks of pregnancy that Mississippi passed in 2018.

“Under the Constitution, may a state prohibit elective abortions before viability? Yes. Why? Because nothing in constitutional text, structure, history, or tradition supports a right to abortion,” Fitch added, arguing that the case should be overturned.

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CDC

Federal court unanimously rules the CDC’s eviction moratorium is unlawful

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The U.S. Sixth Circuit Court of Appeals unanimously ruled Friday the Centers for Disease Control and Prevention overstepped its authority and engaged in federal overreach by issuing an eviction moratorium during the pandemic.

The Cincinnati-based federal court agreed with a lower court ruling, which had called the moratorium on evictions unlawful, according to The Epoch Times.

“It is not our job as judges to make legislative rules that favor one side or another,” Circuit Judge John Bush, who President Donald Trump appointed, said in the court’s opinion. “But nor should it be the job of bureaucrats embedded in the executive branch. While landlords and tenants likely disagree on much, there is one thing both deserve: for their problems to be resolved by their elected representatives.”

The CDC originally made the order in September 2020 to ban evictions for tenants that lost money due to the pandemic and was eventually upheld by Congress. The policy is set to expire on July 31.

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