One of the more brilliant bits of writing is found in the Introduction of the lawsuit–SMARTMATIC USA CORP., SMARTMATIC INTERNATIONAL HOLDING B.V., and SGO CORPORATION LIMITED, Plaintiffs, -against FOX CORPORATION, FOX NEWS NETWORK LLC, LOU DOBBS, MARIA BARTIROMO, JEANINE PIRRO, RUDOLPH GIULIANI, and SIDNEY POWELL, Defendants—filed in the Supreme Court of New York.
1. The Earth is round. Two plus two equals four. Joe Biden and Kamala Harris won the 2020 election for President and Vice President of the United States. The election was not stolen, rigged, or fixed. These are facts. They are demonstrable and irrefutable.
2. Defendants have always known these facts. They knew Joe Biden and Kamala Harris won the 2020 U.S. election. They knew the election was not stolen. They knew the election was not rigged or fixed. They knew these truths just as they knew the Earth is round and two plus two equals four.
3. Defendants did not want Joe Biden and Kamala Harris to win the election. They wanted President Donald Trump and Vice President Michael Pence to win re-election. Defendants were disappointed. But they also saw an opportunity to capitalize on President Trump’s popularity by inventing a story. Defendants decided to tell people that the election was stolen from President Trump and Vice President Pence.
4. Defendants had an obvious problem with their story. They needed a villain. They needed someone to blame. They needed someone whom they could get others to hate. A story of good versus evil, the type that would incite an angry mob, only works if the storyteller provides the audience with someone who personifies evil.
5. Without any true villain, Defendants invented one. Defendants decided to make Smartmatic the villain in their story. . . .
6. Those facts would not do for Defendants. So, the Defendants invented new ones. . . .
Not only is this simplicity potentially devastating for the defendants (perhaps not uncoincidentally, Lou Dobbs’ show was canceled by Fox the day after the suit was filed, which tells you something), but the opening is a good description of law suits of all types. Subtract the specifics of the claim, the individuals involved, and note how there are simple things that are known and that people have a tendency to make things up to their advantage. Sometimes the creation of the fiction is predicated simply on the people involved not knowing better. Sometimes it is to try to gain an advantage. (Which is the case in this case: weaving a conspiracy that includes the election equipment and software company in a nefarious undertaking to prevent their Dear Leader from holding on to his position was undoubtedly thought to be good for ratings, and ratings mean money, and Smartmatic’s is a $2.7-billion defamation lawsuit that will undoubtedly make Rudy sweat more than he did outside the Four Seasons Lawn & Landscaping building.)
While it isn’t nearly to the degree of the Smartmatic lawsuit, the CEO of Evermore Park in Pleasant Grove, Utah, has filed a lawsuit against Taylor Swift because she released an album named “Evermore.”
Continue reading From the Legal Desk: The Earth Is Round