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Dominion v. MyPillow Guy poses a stark test for America's libel laws

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“Instantly,” said Steven Bellovin, a professor of computer science at Columbia University with almost 40 years of experience in computer networking and security.

That’s how long it took him to realize, he said in an interview, that a certain purported spreadsheet that I showed him was “not just fake, but a badly generated fake by someone who didn’t know what they were doing.”

The spreadsheet, together with an animated film that was said to illustrate its data, formed the crux of a nearly two-hour “docu-movie,” called “Absolute Proof,” which aired at least 13 times last February on the One America News Network. The movie, presented in a news magazine format, was hosted, co-produced, and relentlessly flacked by Mike Lindell, the irrepressible CEO of MyPillow, Inc. It purported to furnish absolute proof that the 2020 presidential election was stolen from then-President Donald Trump in an international cyberattack exploiting vulnerabilities in voting-machine software that had been intentionally designed to rig elections.

Dominion Voting Systems, which makes voting technology, filed a $1.3 billion defamation suit against Lindell and his company in late February—the third of four massive cases it has filed since the election—in part because of “Absolute Proof,” which referenced Dominion more than 40 times. (An in-depth analysis of Dominion’s suits over bogus election-fraud claims, as well as one brought by a rival voting-device company, Smartmatic, is provided in an earlier story I wrote here.)

Compared to the other defendants Dominion has sued— Trump’s former personal attorney Rudolph Giuliani; so-called Kraken lawyer Sidney Powell; and conservative news goliath Fox News Network—the MyPillow Guy might seem like a quirky afterthought.

My Pillow CEO Michael Lindell laughs during a Ò
My Pillow CEO Michael Lindell laughs during a Ò"Keep Iowa Great" press conference in Des Moines, IA, on February 3, 2020. (Photo by JIM WATSON / AFP) (Photo by JIM WATSON/AFP via Getty Images) · JIM WATSON via Getty Images

He’s not, though. With a reported net worth of $300 million, Lindell, 59, is the most deep-pocketed of the non-media defendants, a major funder of conservative media generally, and a crucial underwriter of election-fraud myths in particular. Most notably, he sponsored Women for America First’s “March for Trump” bus tour—using a red bus emblazoned with a MyPillow logo—which staged stop-the-steal rallies in 20 cities from late November through early January. The tour culminated in the Save America Rally of Jan. 6, where Trump spoke and from which thousands of attendees peeled away to launch the deadly assault on the U.S. Capitol.

Lindell’s case is also intriguing for another reason, which is the focus of this article. It poses a particularly stark test of how our libel laws—which require that the defendant be shown to actually know or strongly suspect the falsity of his or her statements—play out when the defendant is a conspiracy theorist who seems beyond the reach of rational persuasion. In essence, it poses the question of whether, in a libel suit—which is a civil case—a defense lawyer could argue something akin to the insanity defense that exists in criminal cases. This story seeks to plumb Lindell’s highly atypical psyche to imagine how a jury might view his singular case, given our libel law’s steep and subjective criteria for liability.

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