Can Dominion Sue the Trump Campaign for Slander or Defamation?
Amid ongoing disputes following the 2020 US election, legal experts and stakeholders are questioning whether Dominion Voting Systems (Dominion) can successfully sue the Trump campaign and legal team, including Rudy Giuliani, for slander or defamation. The question revolves around whether Dominion has suffered actual damages due to the unproven allegations made against them.
Legal Standards for Defamation
For a defamation case to be successful, the affected party must prove that the statement in question is false and that it caused damage. In the case of Dominion, legal expert Professor Jonathan Turley suggests that if the claims against Dominion are unproven, they stand a strong chance of filing a case against the Trump legal team. However, the challenge lies in demonstrating concrete financial or reputational harm.
Proving Financial Impact
Financial damage is a critical component of a defamation lawsuit. Dominion must show that they have suffered actual losses, not just expected losses. If Dominion can demonstrate that their business reputation has been tarnished to the extent that customers are switching to competitors like XYZ due to perceived distrust in the process, they may have a stronger case. Selling off their intellectual property and production line might be a last resort if they cannot recover damages through legal action.
Claims of Voter Fraud and Virginia Tech Allegations
The central argument against Dominion has been the use of their software for allowing voter fraud. However, proving such instances remains an ongoing challenge. Efforts to back up serious allegations typically result in low-dignity extracts from media, rather than credible evidence. Election 2020: Setting the Record Straight' from Dominion, along with Smartmatic's 'Response to Misinformation,' emphasize their separation from claims of association and propose that the media has sensationalized the issue.
Company Distances and Suspicious Behaviors
The statements from both Dominion and Smartmatic are couched in terms that suggest a business rivalry rather than a partnership. Their denials of involvement in election fraud are often met with skepticism, as these denials are often based on media twisting and sensationalizing claims. Moreover, the suspicious behavior around Dominion’s ownership of Sequoia is raising questions. The rapid acquisition of intellectual property looks more like an IP raid, casting a shadow over their credentials.
Social Media Deletions and Conspiracy Concerns
The deletion of Eric Cohen’s social media accounts, which contained inflammatory views and threats, is another point of suspicion. The fact that these accounts were saved by investigating parties before deletion suggests that the content might be preserved for evidentiary purposes. This deletion, coupled with the rapid acquisition and sale of intellectual property, adds to the overall suspicion surrounding Dominion.
Conclusion
While there are potential legal avenues for Dominion to pursue against the Trump campaign and legal team, the success of such a case hinges on proving clear and tangible financial or reputational harm. The onus remains on the Trump team to substantiate their claims, and if they fail to do so, they could face significant consequences, including defamation lawsuits. However, the current climate, characterized by prevailing skepticism and media sensationalism, may complicate the ease with which Dominion can build a compelling case.