Here it is, the actual Complaint filed by Dominion Voting Machines against Sydney Powell

[Jan van Eck + 7,558]

In the 40th civil complaint filed in the federal courts for the District of Columbia, Dominion Voting Machines has sued Sydney Powell et al, asking for #$1.3 Billion damages.  This is going to be an interesting trial matter, as Dominion has hired a high-powered law firm to process the suit.  I predict they will get a Judgment, although it will likely go to a Motion for Remitteur which the Court will likely grant.  That5 said, unless Powell and the other defendants have insurance, a bankruptcy petition will derail collecting the Judgment.

I speculate that Dominion is less interested in financial recovery than in vindication of their machines.  They will get that. 

https://context-cdn.washingtonpost.com/notes/prod/default/documents/1d2fd01e-de09-473d-9997-0523f7797c65/note/633a5729-658e-409a-b9a0-79490fddb2e1.#page=1

[Eyes Wide Open + 3,555]

These machines, would you know by chance are they the property of the state's or are they leased? 

Ownership will have a heavy impact on this trial, if that is it actually makes it to that stage.

 

[Jan van Eck + 7,558]

7 minutes ago, Eyes Wide Open said:

These machines, would you know by chance are they the property of the state's or are they leased? 

Ownership will have a heavy impact on this trial, if that is it actually makes it to that stage.

 

I have no idea.  But I am guessing that they were purchased.  The reason is that a lessor looks to residual values for resale after a lease expires.  There is no market for used voting machines, so I don't see the business case for leasing. 

[Eyes Wide Open + 3,555]

3 hours ago, Jan van Eck said:

I have no idea.  But I am guessing that they were purchased.  The reason is that a lessor looks to residual values for resale after a lease expires.  There is no market for used voting machines, so I don't see the business case for leasing. 

I believe ive answered my own question here...actually very sure. If the states did own the machines and the software Powell could get a exploratory hard drive examination quite easily. However the machines are leased by dominion, meaning they own them. Getting a search warrant for a forensic hard drive examination from Dominion would be impossible. 

https://www.techopedia.com/definition/27130/software-license-agreement

Meaning they have a steamroller coming Powell's way

 

Nov 17, 2020 — Halderman noted that Dominion's voting machines still leave paper ... The new voting machines replaced hardware that Maricopa County purchased in 1996. ... a three-year lease with Dominion for its current voting machines.

https://www.azmirror.com/2020/11/17/maricopa-county-vendor-dominion-voting-systems-at-center-of-false-conspiracies/

Edited January 11, 2021 by Eyes Wide Open

[Strangelovesurfing + 737]

35 minutes ago, Eyes Wide Open said:

Getting a search warrant for a forensic hard drive examination from Dominion would be impossible. 

The judge can demand the machines be impounded and independent investigators be called in.

[Eyes Wide Open + 3,555]

3 minutes ago, Strangelovesurfing said:

The judge can demand the machines be impounded and independent investigators be called in.

No not at all, Gates set a standard for software intrusion in the 90's. It is impossible to gain access.

[Dan Warnick + 6,100]

4 hours ago, Jan van Eck said:

In the 40th civil complaint filed in the federal courts for the District of Columbia, Dominion Voting Machines has sued Sydney Powell et al, asking for #$1.3 Billion damages.  This is going to be an interesting trial matter, as Dominion has hired a high-powered law firm to process the suit.  I predict they will get a Judgment, although it will likely go to a Motion for Remitteur which the Court will likely grant.  That5 said, unless Powell and the other defendants have insurance, a bankruptcy petition will derail collecting the Judgment.

I speculate that Dominion is less interested in financial recovery than in vindication of their machines.  They will get that. 

https://context-cdn.washingtonpost.com/notes/prod/default/documents/1d2fd01e-de09-473d-9997-0523f7797c65/note/633a5729-658e-409a-b9a0-79490fddb2e1.#page=1

Ouch!  I only read the first 10 pages, but if they are any indication then Sidney had better have the goods or else she and her "associates" are toast.

[Symmetry + 109]

Her insurance providers are the ones sweating.  Of course this is not about the money, but I'm sure they would take some.  

Are lawyers required by law to have some sort of liability insurance?  I know my lawyer has some.

[Jan van Eck + 7,558]

18 minutes ago, Symmetry said:

Are lawyers required by law to have some sort of liability insurance?

No.  Yet firms do, to protect the partners' assets. 

[Jan van Eck + 7,558]

1 hour ago, Dan Warnick said:

she and her "associates" are toast.

She will get walloped.  

[Ward Smith + 6,615]

23 minutes ago, Jan van Eck said:

She will get walloped.  

I'll take that bet. All depends who is running things by then. Discovery will be very interesting indeed. If we're a vassal state of the CCP, I'm welching on the bet, since all bets are off once we're under a dictatorship. All moves we're seeing, including flagrant monopoly abuse of power indicate that the oligarchs in charge are fully expecting dictatorship. Forget any court not named Kangaroo in that case

[frankfurter + 562]

1 hour ago, Eyes Wide Open said:

No not at all, Gates set a standard for software intrusion in the 90's. It is impossible to gain access.

excellent point. and true. which is why America is screwed. repeat; your enemies are within. has not the time come for Americans to stand up for themselves?

[Ward Smith + 6,615]

1 hour ago, frankfurter said:

excellent point. and true. which is why America is screwed. repeat; your enemies are within. has not the time come for Americans to stand up for themselves?

Frankie, you ready to join the team? 

[Strangelovesurfing + 737]

2 hours ago, Symmetry said:

Her insurance providers are the ones sweating.  Of course this is not about the money, but I'm sure they would take some.  

Are lawyers required by law to have some sort of liability insurance?  I know my lawyer has some.

If they have a clue what they're doing they would have a GL or PL policy of some sort. I doubt the policy would cover any professional conduct that was found to be deliberately deceptive. There's going to be lawsuits upon lawsuits followed by more lawsuits, as usual the lawyers are cashing in.

Edited January 12, 2021 by Strangelovesurfing

[Strangelovesurfing + 737]

1 hour ago, frankfurter said:

excellent point. and true. which is why America is screwed. repeat; your enemies are within. has not the time come for Americans to stand up for themselves?

Ha ha, funny as usual Franky. China's turning the clock back to Mao but America's screwed? 

Where's Jack Ma? 

[Rasmus Jorgensen + 1,169]

15 hours ago, Jan van Eck said:

In the 40th civil complaint filed in the federal courts for the District of Columbia, Dominion Voting Machines has sued Sydney Powell et al, asking for #$1.3 Billion damages.  This is going to be an interesting trial matter, as Dominion has hired a high-powered law firm to process the suit.  I predict they will get a Judgment, although it will likely go to a Motion for Remitteur which the Court will likely grant.  That5 said, unless Powell and the other defendants have insurance, a bankruptcy petition will derail collecting the Judgment.

I speculate that Dominion is less interested in financial recovery than in vindication of their machines.  They will get that. 

https://context-cdn.washingtonpost.com/notes/prod/default/documents/1d2fd01e-de09-473d-9997-0523f7797c65/note/633a5729-658e-409a-b9a0-79490fddb2e1.#page=1

Wouldn't any potential wrong-doing be exposed as part of this trial? 

[Jan van Eck + 7,558]

2 hours ago, Rasmus Jorgensen said:

Wouldn't any potential wrong-doing be exposed as part of this trial? 

Probably not.   First, if by "wrongdoing" you mean that the voting machines themselves are not "clean," then No, because I personally am of the opinion that the machines are factually clean. If it turns out that the software has been infiltrated by outsiders (hackers, malware), then the legal issue would be if the manufacturer is liable for the acts of criminals that raided the machines, or if that falls on the shoulders of the purchaser/lessee. That would be a narrow legal issue in US law.  It would turn on whether or not the manufacturer, who sits up in Toronto, "knew, ought to have known, or could reasonably have foreseen" that criminal hackers from say Russia could penetrate their software if the machines were connected to the internet. 

I predict that this case will revolve on the narrow issue of inherent design defects in the machine that would inexorably lead to a defective vote tally.  I doubt that such defects exist. Dominion is not a new player in the automated vote machine business; their products have been extensively used in Canada (where they hold a practical monopoly on the business). I predict the lawyers outside will limit the inquiry by what is known as a "motion in limine," where other matters cannot be inquired of and cannot be brought before the Court at trial. 

All that assumes that the matter goes to a trial.  If there is insurance, I predict the insurers will be loathe to see this in some big trial, and loathe to spend the legal fees on defending the indefensible.  So they will settle, and that will likely be for the face value of the policy of insurance.  For any excess, Miss Powell is on her own, but since she is such a total lunatic it is more likely that Dominion will walk away from her rather than spend good money chasing after her.  Plus, under US law she has the ability to shelter under the Bankruptcy Code, which is set up to favour debtors.  A Judgment would be an unsecured non-priority debt and would be at the bottom of the totem pole, way below her home mortgage and car payments.  Powell would lose her credit cards, those are also unsecureds,  so CitiBank will be pissed  (and stiffed), but they take those hits all day long and it is built into their business model. The more likely result is that the insurers pay out the policy limits within the next two months and walk away, and everybody walks away from Mrs. Powell.   Assuming she is married, her husband will walk away, also. He is not going to stick around to pay those bills!

Time for me to get back to development of my manure machine.  More prosaic, to be sure, but also immensely more profitable.  Gotta go join that billionaire's club.  Cheers. 

[Rasmus Jorgensen + 1,169]

9 minutes ago, Jan van Eck said:

Probably not.   First, if by "wrongdoing" you mean that the voting machines themselves are not "clean," then No, because I personally am of the opinion that the machines are factually clean. If it turns out that the software has been infiltrated by outsiders (hackers, malware), then the legal issue would be if the manufacturer is liable for the acts of criminals that raided the machines, or if that falls on the shoulders of the purchaser/lessee. That would be a narrow legal issue in US law.  It would turn on whether or not the manufacturer, who sits up in Toronto, "knew, ought to have known, or could reasonably have foreseen" that criminal hackers from say Russia could penetrate their software if the machines were connected to the internet. 

thanks. I guess my question was if Dominion would want to attract attention with a lawsuit if their machines weren't clean? 

[Jan van Eck + 7,558]

1 minute ago, Rasmus Jorgensen said:

thanks. I guess my question was if Dominion would want to attract attention with a lawsuit if their machines weren't clean? 

Probably not.  Looking at the suit Complaint itself  (admittedly superficially), I get the impression that they are filled with outrage.  Nothing like a furious client!

[Rasmus Jorgensen + 1,169]

1 minute ago, Jan van Eck said:

Probably not.  Looking at the suit Complaint itself  (admittedly superficially), I get the impression that they are filled with outrage.  Nothing like a furious client!

thanks. 

 

Edited January 12, 2021 by Rasmus Jorgensen

[LiamP + 168]

1 hour ago, Jan van Eck said:

Probably not.   First, if by "wrongdoing" you mean that the voting machines themselves are not "clean," then No, because I personally am of the opinion that the machines are factually clean. If it turns out that the software has been infiltrated by outsiders (hackers, malware), then the legal issue would be if the manufacturer is liable for the acts of criminals that raided the machines, or if that falls on the shoulders of the purchaser/lessee. That would be a narrow legal issue in US law.  It would turn on whether or not the manufacturer, who sits up in Toronto, "knew, ought to have known, or could reasonably have foreseen" that criminal hackers from say Russia could penetrate their software if the machines were connected to the internet. 

I predict that this case will revolve on the narrow issue of inherent design defects in the machine that would inexorably lead to a defective vote tally.  I doubt that such defects exist. Dominion is not a new player in the automated vote machine business; their products have been extensively used in Canada (where they hold a practical monopoly on the business). I predict the lawyers outside will limit the inquiry by what is known as a "motion in limine," where other matters cannot be inquired of and cannot be brought before the Court at trial. 

All that assumes that the matter goes to a trial.  If there is insurance, I predict the insurers will be loathe to see this in some big trial, and loathe to spend the legal fees on defending the indefensible.  So they will settle, and that will likely be for the face value of the policy of insurance.  For any excess, Miss Powell is on her own, but since she is such a total lunatic it is more likely that Dominion will walk away from her rather than spend good money chasing after her.  Plus, under US law she has the ability to shelter under the Bankruptcy Code, which is set up to favour debtors.  A Judgment would be an unsecured non-priority debt and would be at the bottom of the totem pole, way below her home mortgage and car payments.  Powell would lose her credit cards, those are also unsecureds,  so CitiBank will be pissed  (and stiffed), but they take those hits all day long and it is built into their business model. The more likely result is that the insurers pay out the policy limits within the next two months and walk away, and everybody walks away from Mrs. Powell.   Assuming she is married, her husband will walk away, also. He is not going to stick around to pay those bills!

Time for me to get back to development of my manure machine.  More prosaic, to be sure, but also immensely more profitable.  Gotta go join that billionaire's club.  Cheers. 

 

But would Dominion accept a quiet settlement? Seems they are more in it to publicly 'clear their name' rather than get some insurance money?

[Jan van Eck + 7,558]

13 minutes ago, LiamP said:

 

But would Dominion accept a quiet settlement? Seems they are more in it to publicly 'clear their name' rather than get some insurance money?

There is not going to be anything "quiet" about a settlement in this case!

[LiamP + 168]

5 minutes ago, Jan van Eck said:

There is not going to be anything "quiet" about a settlement in this case!

Fair enough guess you're right! This will be interesting.

Would be quite the turn of events if this is how the Trump side ends up getting their evidence seen by a court - if Powell has a slam-dunk proof for every claim! I'll believe it when I see it though.

[Symmetry + 109]

9 hours ago, LiamP said:

Fair enough guess you're right! This will be interesting.

Would be quite the turn of events if this is how the Trump side ends up getting their evidence seen by a court - if Powell has a slam-dunk proof for every claim! I'll believe it when I see it though.

I don't think wrongdoing discovered in civil cases automatically leads to criminal charges.

Didn't OJ Simpson win his murder case but lose the civil case?

Of course they wouldn't be suing if they thought it would backfire and harm them. 

 

[Strangelovesurfing + 737]

1 hour ago, Symmetry said:

Didn't OJ Simpson win his murder case but lose the civil case?

Civil cases have lower standards for winning/loosing. Criminal is beyond a reasonable doubt, I think civil is preponderance of evidence.