The Lindell v. Dominion/Smartmatic case was filed on June 3, 2021. Part 1 of this series covered Exhibits 1-4, Part 2, Exhibits 5-7, Part 3 Exhibits 8 and 9, and an article focused solely on Exhibit 12 Data Packet Breach Forensics. This article covers the remaining Exhibits 10-17.

Exhibit 10: Maricopa County Audit Press Release

Exhibit 10 is a screenshot of a press release from Arizona Senate Republicans from March 31, 2021, that announces the hiring of a team of auditors to review the 2020 election in Maricopa County. It calls them “independent” and the expected audit “transparent,” “comprehensive,” “full,” and “forensic.” It describes an audit that will “validate every area of the voting process to ensure the integrity of the vote” with a scope including, but not limited to, “scanning all the ballots, a full manual recount, auditing the registration and votes cast, the vote counts, and the electronic voting system.”

The press release gives names, descriptions, and information about the private sector organizations who comprise the audit team: Wake Technology Services, Inc., CyFir LLC, and Digital Discovery—all to be led by Cyber Ninjas.

It describes previous involvement by CyFIR in forensic support for an International Monetary Fund bank fraud case in 2015 and by members of Wake Technology Services in past state hand-count audits, as well as a 1994 election fraud case with the Federal Bureau of Investigation.

A report “detailing all findings discovered during the assessment” is promised in “about 60 days.” The press release says “[Senate Republican] leadership will not be directly involved,” and “members do not expect to comment” prior to the release of the report.

Exhibit 11: Cease & Desist Letter Sent to Arizona Audit Cyber Forensics Team

Exhibit 11 is a letter to all four companies named in Exhibit 10 from lawyers at the Protect Democracy Project and legal firms Barton Mendez Soto, Coppersmith Brockelman, and Perkins Coie. The letter is dated April 6, 2021, and speaking to the cyber forensic companies, threatens both criminal and civil liability arising from “tactics that your companies intend to utilize” in the audit, saying they “likely violate both federal and Arizona law” regarding voter intimidation. The letter states the Statement of Work for the audit includes intent to interrogate voters and generate reports on potentially unlawful voters that amounts to a “subtle form of pressure” that is prohibited by law. The undersigned demand that any such action ceases along with any other action that so intimidates or is otherwise unlawful. It further demands that the recipients preserve all evidence and records related to this audit and any other, including but not limited to communications related to any effort to challenge or verify 2020 election results with legislators and their staff or in social media posts.

Note: Perkins Coie is a large law firm involved in multiple major political cases of recent years. It may be a recognizable name to readers because UncoverDC has reported extensively on the firm. An article on the Seth Rich release that included four pages related to DNC and Hillary for America “provid[ing] the FBI with digital evidence in furtherance of [the Mueller] investigation” hand-delivered through the firm. Perkins Coie engaged FusionGPS to provide information for the Democratic National Committee and Hillary for America to use to challenge the 2016 election.

Exhibit 13: Cease & Desist Letter From Dominion Defamation Lawyers

Exhibit 13 appears to be a digital original or digitally scanned version of a letter sent by U.S. Dominion Inc. defamation counsel Thomas A. Clare and Megan L. Meier to a redacted recipient. Headed “Re: Notice of Obligation to Preserve Documents Related to Dominion,” the authors claim “ongoing misinformation campaigns” to which recipient is “taking part.” The letter is a “formal notice to cease and desist” “falsely accusing Dominion of somehow rigging or otherwise improperly influencing the outcome of the November 2020 U.S. presidential election.” The letter aims to make the recipient aware that Sidney Powell and various media entities had been sent retraction demands for their “myriad defamatory and conspiratorial claims about Dominion.”

The authors further demand that the recipient must “preserve all documents and communications that may be relevant to Dominion’s pending legal claims,” including communications with “any member, volunteer, staff, or employee of the Trump campaign… Sidney Powell, Rudy Giuliani, Jenna Ellis, L. Lin Wood, and each of their partners, associates, and paralegals… every reporter, editor, blogger, host, or other members of the media” about Dominion or the November 2020 presidential election.

Exhibit 14: Photos of Cease & Desist Letter From Dominion Defamation Lawyers

Exhibit 14 is a document containing what appear to be photographs of a physical printout of the letter in Exhibit 13. It is identical in content to 13, and the recipient is similarly redacted. However, the page breaks fall in different places, making one paragraph appear on a different page in one version than in the other. This slight difference may result from a variable in the printing process. The signatures appear identical and identically placed in relation to the printed wording on the page on each document.

Exhibit 15: Cease & Desist Letter Sent to Mike Lindell

Exhibit 15 is a similar letter and appears digital or scanned like Exhibit 13 but is a significantly higher resolution. This letter is dated the same but worded differently than the other two versions, with additions, revisions, and deletions. In this version, the recipient is not redacted but seen to be Mike Lindell.

The following side-by-side comparison of Exhibit 13 and 15 show a reasonably complete visual of the differences. An underline in one version indicates that those words do not appear in the other version:

As can be seen in the above comparison, the Exhibit 15 version of the letter includes the phrases “patently false accusations,” “in favor of President-Elect Joe Biden,” and “your smear campaign against the company.” It also includes the sentences, “Despite knowing your implausible attacks against Dominion have no basis in reality, you have participated in the vast and concerted misinformation campaign to slander Dominion,” and, “Recently, you have positioned yourself as a prominent leader of the ongoing misinformation campaign.” All of these do not appear or appear differently in the first two versions.

In the bullet points on the second page, the Exhibit 15 version addressed to Lindell demands the preservation of communications with “every individual who assisted… researching or conducting due diligence” on claims related to Dominion or the election, rather than “every individual who assisted… in drafting, or drafted for you, any and all prepared remarks” that was addressed to the redacted recipient in Exhibits 14 and 15. There is no demand in Lindell’s version to preserve communications with individuals who assisted in “any and all affidavits or declarations… submitted in litigation” as in the others.

One of the signatures in Exhibit 15 uses a different ink than the two previous, while the other signature appears nearly identical in all three.

All three documents are dated December 23, 2020. Note that a public domain letter exists similar to these, sent to Melissa Carone, a witness in Rudy Giuliani’s hearings with claims about Dominion.

Exhibit 16: Letter to Lindell from Dominion Defamation Lawyers #2

Exhibit 16 is a second letter to Lindell dated January 8, 2021, that states it is sent to supplement the “December 22, 2020 demand for retraction,” presumably referring to the first letter. However, the date of it was December 23.

In response to what it claims are “defamatory falsehoods” that Lindell has “peddled,” including accusations that Dominion has engaged in fraud and stolen “millions of votes” in a “relentless smear campaign” in which he has “leveraged [his] significant social media following to inflict the maximum amount of damage to Dominion’s good name and business operations,” the letter screencaps Lindell quote-tweets it says contain “facially unreliable and discredited falsehoods” and “demonstrably false misrepresentations” about Dominion and its involvement in the November 2020 election. The authors say Lindell has “failed to identify a scintilla of credible evidence that even suggests that Dominion is somehow involved in a global conspiracy to harvest millions of votes in favor of President-elect Biden.” “Of course,” the letter says, “this is because no such evidence exists.”

It goes on to list numerous examples of what it calls “damaging falsehoods” it claims Lindell “continue[s] to peddle,” rigging elections for Hugo Chavez, “bribing Georgia’s governor or secretary of state to obtain a no-bid contract,” vote manipulation, and destroying evidence. The authors then list public statements in Dominion’s favor by noted officials such as Maricopa County Board of Supervisors Chairman Clint Hickman, Arizona Secretary of State Katie Hobbs, and Georgia Secretary of State Raffensperger. It is also noted that Dominion machines underwent “certification and logic and accuracy testing” per Arizona law before the election and that a hand count audit in Maricopa County showed a 100% match with the Dominion machine count after.

The letter goes on to say that “Dominion renews its demand that [Lindell] retract [his] defamatory accusations immediately and issue a public apology for damaging Dominion’s reputation with completely fabricated claims of fraud and corruption.”

“Our last letter,” the authors say, “informed you that Dominion was prepared to initiate legal action to set the record straight and vindicate its reputation. This morning Dominion filed a defamation lawsuit against Sidney Powell. We are sending you hard copies of the complaint and exhibits under separate cover so that there is absolutely no doubt at a future date about what was known to you at this juncture. Conduct yourself accordingly.”

Exhibit 17: Letter to Lindell from Dominion Defamation Lawyers #3

Exhibit 17 is the third letter to Lindell dated February 4, 2021, that states that he has been “lying about Dominion” for months “in order to financially enrich” himself and My Pillow, Inc. by increasing sales to Trump supporters who “wanted to hear that the election had been stolen,” calling it all a “defamatory marketing campaign.”

The letter states that, due to a recent announcement by Lindell to “release a ‘documentary’ with the ‘evidence’ of … false claims about Dominion,” the authors tell Lindell, “We write to put you on notice of the facts so that there is absolutely no doubt at a future date about what was known to you before you published that documentary.” It argues that exhibits against Sidney Powell and Rudy Giuliani are available to show that claims about Dominion come from unreliable sources “determined to promote a false preconceived narrative about the 2020 election.” It thereby goes on to argue that Lindell has “doubled down” on a “smear campaign” that promoted “fabricated evidence” knowingly.

It provides details that are variously intended to support a position that Lindell’s claims either lack evidence, rely on unreliable sources, or rest on evidence that is misinterpreted or untrue. Under a heading titled, “Proven Liars, Conspiracy Theorists, and Non-Experts Are Not Reliable Sources of Information,” it lists Patrick Byrne, Jovan Pulitzer, Sidney Powell, Lin Wood, and Rudy Giuliani, among others, along with summaries of evidence that they say show the “facial unreliability” of these “perjurers, con artists, non-experts” “who have propagated falsehoods about Dominion.”

In regards to Byrne, the letter focuses on a $1 million judgment it says was levied against him in a 2016 defamation suit. The authors also say, “It was revealed that he had had a romantic affair with the now-notorious Russian agent, Maria Butina.” Pulitzer, the letter says, is “not the ‘QR code inventor’ he purports to be, but a ‘failed treasure hunter’ and ‘failed investor.'” The authors say Sidney Powell & Lin Wood “misrepresented, manufactured, and cherry-picked evidence, and deliberately lied about having recordings and other proof that they never produced.” They say that Giuliani’s claims were described as “baseless” and were admonished by the New York State Bar Association for “commenc[ing] and prosecut[ing] … court actions in multiple states without any evidentiary basis whatsoever.”

The letter concludes by stating, “Given the chorus of pretenders who have proven their willingness to manufacture fake evidence and to lie about Dominion, you are well aware that there is serious reason to doubt the credibility of the ‘evidence’ you are planning to broadcast in your ‘documentary.’ If you were actually interested in the truth, you would tell us who you will be featuring in your ‘documentary’ and give us a reasonable opportunity to review their purported ‘evidence’ before you publish so that we can point out the red flags and other obvious errors that have plagued all of the other purported ‘evidence’ that has been put forward against Dominion. We have no doubt that you will purposefully avoid this opportunity because you are not actually interested in the truth and—as you told CBS News—you want Dominion to sue you. After all, positioning yourself as Dominion’s enemy and a victim of “cancel culture” has been very good for My Pillow, Inc.’s bottom line.”