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Monday, July 12, 2021

‘Kraken’ Sanctions Hearing: Lin Wood Blames Sidney Powell In Attempt To Evade Punishment As Judge Expresses Skepticism - Forbes

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Topline

Far-right attorney Lin Wood and other pro-Trump lawyers attempted to distance themselves Monday from a Michigan election fraud lawsuit during a hearing Monday on whether sanctions are warranted in the case, as a federal district judge signaled attorney Sidney Powell and other lawyers on the case could be punished for bringing the litigation.

Key Facts

Powell and her co-counsel unsuccessfully sued Michigan election officials after the election, attempting to overturn the presidential election and alleging widespread fraud, and Michigan officials have asked for the pro-Trump lawyers to be sanctioned over the “frivolous” and error-ridden lawsuit, which they argue was brought in bad faith.

During a hearing Monday over the sanctions request, Wood and attorney Emily Newman emphasized to the court they did not play a role in the lawsuit, with Newman’s attorney saying she had only spent five hours of work on the case and Wood telling the judge: “I didn’t do anything with respect to this lawsuit.”

Wood claimed he did not know his name was being put on the lawsuit and said he had only told Powell more broadly “if she needed my help I would help her from a trial lawyer standpoint” in any of her post-election lawsuits, but did not know about the Michigan lawsuit until after it was filed.

Powell disputed Wood’s account, saying she “did specifically ask Mr. Wood for his permission,” though she acknowledged there may have been a “misunderstanding.”

City of Detroit attorney David Fink called Wood’s assertions “blatantly false” and pointed out he had served Wood in December with an opportunity to withdraw from the case and Wood had bragged about his involvement on social media.

Crucial Quote

“I feel like I’ve kind of been lumped in...when I did not ever agree to appear,” Wood said at the hearing Monday, saying he “did not subject myself to rule 11 sanctions” by voluntarily signing on to the case and going through the proper legal procedures.

What To Watch For

While it’s still unclear whether U.S. District Judge Linda Parker will impose sanctions on the attorneys and what form those sanctions would take, the judge has already ruled against the lawsuit—dismissing it as based on “nothing but speculation and conjecture”—and repeatedly expressed skepticism during Monday’s hearing. Parker said the affidavits submitted to the court alleging election fraud “raise questions” and noted one of them was based on “levels of hearsay,” and suggested the pro-Trump attorneys should have known to question them before they were filed. “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. The judge also became visibly annoyed with several of the pro-Trump attorneys during the hearing, chastising lawyers Howard Kleinhendler and Donald Campbell on multiple occasions for interrupting and criticizing Wood for pointing to a legal procedure that does not exist in the Michigan district where the lawsuit was filed. “I would caution you to not question my procedure,” Parker told Campbell after he suggested at one point she was ruling on the case “subjectively.” “You’re here to answer my questions.”

Key Background

Powell and Wood spread baseless conspiracy theories in the wake of the election and alleged widespread fraud, leading even the Trump Administration and campaign to distance themselves from Powell and helping fringe theories about election fraud to gain steam on the far right. The Michigan lawsuit is one of four battleground lawsuits Powell filed—all of which failed, including at the U.S. Supreme Court—and Wood also brought his own failed lawsuit in Georgia. In addition to the Michigan sanctions decision, Powell is also facing sanctions and attorneys fees in Wisconsin and a separate effort by Michigan officials to have her disbarred, as well as two defamation lawsuits from voting machine companies Dominion Voting Systems and Smartmatic. Wood is now under investigation from the State Bar of Georgia over his post-election conduct, which could result in him being disbarred.

Further Reading

Judge Shoots Down Sidney Powell Request — Again — In Michigan ‘Kraken’ Case As Attorneys Face Sanctions (Forbes)

With Giuliani’s Law License Suspended, Here Are The Other Trump Lawyers Who May Face Discipline Next (Forbes)

Detroit Is Trying To Punish Sidney Powell For ‘Kraken’ Lawsuit—Legal Experts Say It Could Work (Forbes)

‘The People Have Spoken’: Sidney Powell’s Michigan Lawsuit Gets Shut Down In Court (Forbes)

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‘Kraken’ Sanctions Hearing: Lin Wood Blames Sidney Powell In Attempt To Evade Punishment As Judge Expresses Skepticism - Forbes
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