In Lindell v. Dominion, Mike Lindell's position is that Dominion used the legal process to suppress his right to free speech, so he will presumably claim that his "Absolute Series" videos contain information that Dominion aimed to silence.
In Dominion v. Lindell, for Dominion to show that the claims made by Lindell constitute defamation, they will need to a) disprove them; b) show they caused damage to the company's reputation, and potentially c) show that they were made with the knowledge they were false.
Lindell is CEO of My Pillow and famously hypes his products on As Seen on TV infomercials, so Dominion may focus on pre-written and scripted claims in his videos rather than attempt to show that his off-the-cuff statements were made with "actual malice."
The original video in Lindell's series is "Absolute Proof: Exposing Election Fraud and The Theft of America by Enemies Foreign and Domestic," which contains claims that a cyberattack flipped the 2020 election.
The sequel is "Absolute Interference: New Evidence Foreign And Domestic Enemies Used Computers to Hack the 2020 Election." It was released along with Lindell's Frankspeech platform, as we reported in April.
Next came "Scientific Proof: Internationally Renowned Physicist Absolutely Proves 2020 Election Was Biggest Cyber-Crime in World History." This video features Dr. Douglas G. Frank and his mathematical data alleged to show election manipulation.
Then earlier this month, Lindell released "Absolutely 9-0," in which he discusses his lawsuit against Dominion et al. and alleged Chinese Communist Party (CCP) involvement.
Lindell has also made statements in live public appearances that could be referenced by Dominion. Lindell announced his lawsuit against Dominion on the Brannon Howse show. He has appeared on Steve Bannon's War Room and Jimmy Kimmel.
He has also produced and promoted videos with claims about Dominion made by other people. One has Attorney Matt DePerno and Dr. Frank discussing an audit of Dominion machines in Michigan. Another has Joe Oltmann appearing with Howse, claiming he "Exposes Eric Coomer of Dominion Voting Systems."
"The case against you is an opening wedge in a massive assault on the marketplace of ideas, freedom of speech, and the ability of American citizens to make up their own minds... first amendment rights are for people you agree with and people you disagree with... we don't suppress, we don't censor, and that's what Dominion is trying to do, it's trying to shut you down, and they're doing it on behalf of the government... Dominion is misusing the power given to them by the government to suppress free speech."
"How ironic that we paid for those machines, and we can't even look at the machines that we bought."
To which Dershowitz remarks,
"I think we'll get to look in the machines. I think it's going to be very hard for Dominion to argue... 'we're claiming that what you said about the machines is false, but we're not going to let you see the machines, we're not going to let you see the source codes, we're going to protect our business secrets' ... if you want to protect business secrets, that's okay, just don't bring a lawsuit. Once you bring a lawsuit you open yourselves up to discovery, and we're going to very vigorously demand that either they provide the information necessary for us to prove the case, or drop their claim. They can't have it both ways. The government couldn't have that both ways. When the government brings a lawsuit, even if they have national security secrets, they can't use the national security secrets both as a sword and a shield against being able to hold them accountable. So we're going to be, obviously, demanding access to their machines, to their codes, to everything that they claim justifies what they did."
Links to UDC articles about Lindell v. Dominion:
Series 1: Lindell v. Dominion / Smartmatic: Comprehensive Summary of Initial Filings
Series 2: Lindell v. Dominion: What We Can Deduce, Induce, and Learn