Topline
A federal judge in Michigan considered Monday whether far-right attorneys Sidney Powell and Lin Wood and their co-counsel should be sanctioned for their post-election lawsuit alleging widespread fraud in the state—but the Michigan case is just one of several places where the lawyers face professional consequences, including potential disbarment, for bringing their lawsuits.
Key Facts
Powell and her co-counsel filed four battleground state lawsuits alleging widespread election fraud that tried to overturn the election—all of which failed—and a federal judge heard arguments Monday on whether the attorneys should be sanctioned in their Michigan case.
Wisconsin Gov. Tony Evers has also asked a federal court to sanction Powell and her co-counsel and force them to pay more than $100,000 in attorneys fees for their lawsuit in that state, though those motions are still pending and there is no hearing yet set.
In addition to Michigan’s request for sanctions, Michigan Gov. Gretchen Whitmer, Attorney General Dana Nessel and Secretary of State Jocelyn Benson filed separate complaints with the Attorney Grievance Commission of the State of Michigan and the State Bar of Texas seeking to have Powell and the other lawyers in the Michigan lawsuit disbarred.
Attorneys in Arizona filed an ethics complaint with the State Bar of Arizona against Powell, Wood and other attorneys behind her case in the state, calling for an investigation that could result in fees, suspension of their law licenses or disbarment in the state.
The State Bar of Georgia is investigating Wood for his post-election conduct—including his lawsuits with Powell and litigation he led separately, as well as for spreading outlandish conspiracy theories—which could potentially result in his disbarment.
Officials in Arizona and Georgia have not yet filed requests for sanctions or attorneys fees in the post-election lawsuits in those states.
What To Watch For
U.S. District Judge Linda Parker signaled Monday sanctions in the Michigan case could soon be coming. The judge repeatedly criticized the affidavits that had been filed in the case as evidence of election fraud and suggested the attorneys did not do the due diligence required to ensure the affidavits were true before they filed them. “There’s a duty that counsel has to ensure that when you’re submitting a sworn statement...that you have done some minimal due diligence,” Parker said, striking down individual affidavits in the case as “fantastical” and based on “levels of hearsay.” The attorneys will now have two weeks to file additional supplemental briefs in the case before Parker issues a ruling on the sanctions or determines whether additional hearings in the case are necessary.
Chief Critics
Powell has defended her allegations of election fraud and suggested during Monday’s hearing she did not regret bringing the Michigan case and would do so again. “We have practiced law with the highest standards,” Powell said of her and her co-counsel. Wood has broadly continued to defend himself against the allegations against him and unsuccessfully sued the State Bar of Georgia in an effort to stop their investigation. The far-right lawyer distanced himself from the Michigan lawsuit Monday, however, alleging he had no knowledge of his participation in the case until after it was filed and he had only broadly told Powell “when she asked that if she needed my help I would help her from a trial lawyer standpoint” in any of her post-election cases. “I feel like I’ve kind of been lumped in...when I did not ever agree to appear” in the case, Wood said, alleging he should not be subject to sanctions.
Key Background
Powell’s battleground state lawsuits—a legal strategy the far-right attorney dubbed “releas[ing] the Kraken” after the 1981 film The Clash of the Titans—was part of a broader effort by the Trump campaign and its allies to overturn the election in battleground states. That effort ultimately failed and resulted in more than 60 failed court cases. In addition to the sanctions and debarment efforts against Powell and her co-counsel, attorney Rudy Giuliani has also had his law license suspended in New York and Washington, D.C., and plaintiffs including former President Donald Trump and the Arizona GOP have been forced to pay attorneys fees in their cases. Powell and Giuliani are also being sued for defamation by Dominion Voting Systems and Smartmatic for spreading false conspiracy theories involving the companies’ machines.
Further Reading
With Giuliani’s Law License Suspended, Here Are The Other Trump Lawyers Who May Face Discipline Next (Forbes)
Sidney Powell Gets $100,000 Bill From Wisconsin: Governor Demands Legal Fees Over Election Lawsuit (Forbes)
Sidney Powell Still Wants Her Election ‘Kraken’ Case Heard In Court (Forbes)
Pro-Trump Lawyer Lin Wood Loses Lawsuit Over Mental Health Evaluation (Forbes)
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It’s Not Just Michigan: All The Places Sidney Powell, Lin Wood And Pro-Trump Attorneys Could Be Punished For ‘Kraken’ Lawsuits - Forbes
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