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Legal


LAWYERS RETREAT FROM PRO-TRUMP ELECTION SUIT

At a hearing on possible sanctions over the Michigan case, some attorneys
downplayed their roles.



As the hearing opened Monday via videoconference, several lawyers sought to
minimize their roles in the litigation. | LM Otero/AP Photo

By Josh Gerstein

07/12/2021 10:27 AM EDT

Updated: 07/12/2021 04:49 PM EDT

 * 
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The legal reckoning for attorneys who pushed former President Donald Trump’s
spurious claims of election fraud advanced on Monday, with a federal court in
Detroit holding a hearing on whether to impose sanctions over a suit filed last
year seeking to decertify Joe Biden’s victory in Michigan and declare Trump the
winner.

Two of the most prominent attorneys in the pro-Trump camp — Dallas-based Sidney
Powell and Atlanta-based L. Lin Wood — are among the lawyers who brought the
unsuccessful suit and whose conduct is under scrutiny by U.S. District Court
Judge Linda Parker.



Another pair of attorneys facing possible sanctions in the case, Emily Newman
and Julia Haller, served in a variety of Trump administration posts but appear
to have left government late last year to aid Powell in the post-election
litigation.



Parker’s tone during the hearing — which stretched to more than six hours —
indicated that at least some of the lawyers involved in filing and pursuing the
suit were likely to face sanctions from the court, although she did not say what
kind of punishment she was mulling.

As the hearing opened Monday via videoconference, several lawyers sought to
minimize their roles in the litigation. While Wood was listed as one of seven
attorneys on the first iteration of the suit last November, he stressed to the
judge that he wasn’t involved in preparing it.

“I played absolutely no role in the drafting of the complaint, just to be
clear,” Wood told Parker. “I did not review any of the documents with respect to
the complaint. My name was placed on there, but I had no involvement.”

Parker asked Wood directly whether he’d given permission for his name to be
placed on the suit.




“I do not specifically recall being asked about the Michigan complaint, but I
had generally indicated to Sidney Powell that if she needed a quote-unquote
trial lawyer, I would certainly be willing or available to help her,” Wood said.
“Would I have objected to being included by name? I don’t believe so.”

Under questioning from the judge, Powell said she believed she did get Wood’s
consent to put his name on the suit. “I can’t imagine I would ever put his name
on any pleading without understanding that he had given me permission to do
that,” she said. “Might there have been a misunderstanding? It’s certainly
possible.”

A lawyer for Newman, who worked in the Trump White House, the Department of
Homeland Security and the U.S. Agency for Global Media, also distanced her from
the Michigan litigation.

“My client was a contract lawyer working from home who spent maybe five hours on
this matter,” said Thomas Buchanan. “She wasn’t really involved. … Her role is
de minimis.”

While Powell and other lawyers were on the Zoom hearing, she dropped off the
screen for a time, drawing a mild rebuke from the judge.

“Would you maintain the camera, Ms. Powell, please? I’d like to have everyone
here,” Parker said.




Powell insisted the volume of the suit they filed last November was testament to
the extent of research and investigation the attorneys did.

“We filed a massive and detailed complaint in federal court that doesn’t even
require us to append affidavits to it,” Powell said. “The very fact we filed 960
pages of affidavits with the complaint shows due diligence on our part. … The
only way to test that is in the crucible of a trial or an evidentiary hearing,”
she added, noting that the judge had thus far denied such a hearing.

“Volume, certainly for this court, doesn’t equate with legitimacy or veracity,”
Parker shot back.

The City of Detroit, which intervened as a defendant in the suit to defend the
election results, triggered the sanctions process about six months ago by
complaining that the case was frivolous and littered with untruths. The city’s
motions asked Parker to impose monetary penalties on the lawyers in the case, to
require them to pay the attorneys’ fees of the city and other defendants in the
case, and to refer the lawyers for potential disbarment proceedings.

An attorney for the city, David Fink, said the initial filing in the case was
garbled and unprofessional.

“What they filed in the first complaint in this case was an embarrassment to the
legal profession,” Fink said. “It was sloppy. It was unreadable and it was
mocked.”

In a motion last December urging punishment of Powell, Wood and others, the
city’s legal team wrote: “If sanctions are not deserved in this case, it is hard
to imagine a case where they would be.”

“In a case involving the election of the President of the United States, the
parties and their attorneys should be held to the highest standards of factual
and legal due diligence; instead, they have raised false allegations and pursued
unsupportable legal theories,” the city argued. “It is time for this Court to
send a message back: lies and frivolous claims will not be tolerated. This abuse
of our legal system deserves the strongest possible sanctions.”

Last December, Parkerrejected the temporary restraining order the suit sought to
decertify the presidential election. The case was formally dismissed in
mid-January. At Monday’s hearing, Parker sparred with Donald Campbell, an
attorney representing most of the pro-Trump lawyers involved, and with Howard
Kleinhendler, one of those lawyers.

The judge continued to sound deeply skeptical about the pro-Trump lawyers’ case,
referring to some of the witnesses they relied upon as “purported experts” and
arguing that their filings contained obvious flaws.

“The court is concerned that these affidavits were submitted in bad faith,”
Parker said. “The question is: Is there anything there on the face of these
submissions that would give counsel pause?”

Haller suggested Parker seemed to be demanding a level of scrutiny not
customarily required of lawyers relaying witness accounts to the court. “I
simply am confused as to the standard that is being applied when it comes to
submitting a complaint,” she said. “We did not submit falsehoods.”

One particularly prickly exchange came after the judge questioned an affidavit
submitted in the case from a witness who said he was “perplexed” at the handling
of ballots at the TCF Center in Detroit. Campbell sounded taken aback.

“Objectively, seriously?” he said. “The word ‘perplexed’ is what you think is
worth the time and effort of all the staff and lawyers … in this proceeding?”


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“I would caution you to — do not question my procedure,” Parker said.

“I am not a potted plant. I will represent my client,” Campbell declared.

As the hearing passed the six-hour mark, Powell and Wood also pointedly
questioned Parker’s fairness.

“I have practiced law for 43 years and have never witnessed a proceeding like
this,” Powell said. “I take full responsibility myself for the pleadings in this
case. … We have practiced law with the highest standards. We would file these
same complaints again.”

After Parker at one point denied Wood the chance to respond to criticism of him
for calling for martial law, Wood grumbled: “I think the record shows what’s
going on.”

Wood later posted a message on the social media site Telegram decrying the court
session. “I thought I was attending a hearing in Venezuela or Communist China,“
he wrote. He also included a link to another user‘s posting of video from the
hearing. Audio or video recording of court sessions, even those streamed on the
internet, is against court rules.

The State of Michigan, Democratic Gov. Gretchen Whitmer, the Democratic National
Committee and the Michigan Democratic Party, who were all involved in the case,
are also backing the effort to punish the pro-Trump attorneys involved in the
suit.

Fink said the misstatements in the court filings, like a claim that 139 percent
of registered voters in Detroit cast ballots, had grave consequences. The
correct turnout number reported by the city is just under 51 percent.

“These lies were put out into the world, and when they were put out into the
world they were adopted and received by” influential people such as Trump, Fink
said. He said that when Trump called Georgia Secretary of State Brad
Raffensperger to pressure him to flip the election to favor Trump, the president
brought up the Detroit numbers.

“President Trump explicitly referenced the 139 percent voting statistic in
Detroit as though it were fact,” Fink said. “These are the consequences. It’s
the consequence of how they abused this system.”

Fink also said the storming of the Capitol on Jan. 6, as Congress was preparing
to certify the electoral vote, was largely fueled by falsehoods generated in the
Michigan case.

“That insurrection can be directly linked to the lies that were spread by the
attorneys in this litigation,” Fink argued. “We can’t undo what happened on Jan.
6, but this court can do something to let the world know that attorneys in this
country are not free to use the courts to tell lies.”

In a court filing earlier this year, a lawyer representing Powell, Wood and the
others who brought the case on behalf of would-be Trump electors called the
motion for sanctions “baseless” and “procedurally improper.”

Lawyer Stefanie Lambert Junttila called the drive “an attempt to create a
dangerous precedent that could dissuade future civil rights and voting rights
plaintiffs from bringing their disputes to court.”

Some of the responses by the Powell-Wood team to the request for sanctions were
as pugilistic as their actions in the aftermath of the election. In response to
claims that the pro-Trump lawyers lied in their court submissions, Junttila
fumed: “If this were simply the ranting of a third-rate five-man Detroit law
firm, we would dismiss this behavior as pathetic unprofessionalism. But these
are the dirty media-attention-hungry, slanderous and completely out-of-bounds
statements by representatives of the City of Detroit.”




Parker, an appointee of President Barack Obama, ordered last month that every
attorney whose name appeared in any filing by the plaintiffs in the case “be
present” at the hearing, eventually scheduled for Monday. However, last week,
Powell, Wood and five other lawyers asked to appear solely through other lawyers
retained to represent them.

Parker rejected that request without explanation, but did indicate that the
pro-Trump attorneys could attend the hearing “virtually.” She issued no ruling
at Monday’s hearing and gave the various lawyers involved two weeks to present
further written arguments to the court.

Fallout from the dozens of post-election lawsuits continues in other courts and
legal venues, resulting in major professional headaches for many of the lawyers
involved.

In February, the Georgia State Barsent Wood a 1,600-plus-page complaint
proposing bar discipline against him. Many of the instances of alleged
misconduct that were cited stemmed from the flurry of election-related suits,
including the one in Michigan. Wood filed an unsuccessful suit against the bar
over the process, but is continuing to fight the effort to punish him.

And last month, a court in New Yorksuspended outspoken Trump lawyer Rudy
Giuliani from practicing law in that state as a result of his statements in
connection with election-related litigation. Last week, a court in the District
of Columbia made a parallel move to suspend Giuliani’s bar license in the city
until the disciplinary proceedings in New York were resolved. Giuliani has
defended his conduct and said he plans to contest the New York suspension at a
hearing.

In addition, a federal judge in Colorado is set to hold a hearing on Friday on
another motion for sanctions over a suit that other pro-Trump lawyers filed in
December seeking $160 billion in damages from voting machine manufacturer
Dominion Systems.

Tina Nguyen contributed to this report.


CORRECTION: An earlier version of this story provided an incorrect first name
for David Fink, the lawyer who spoke at the hearing on behalf of the City of
Detroit.


 * Filed under:
 * Joe Biden,
 * Joe Biden 2020,
 * Detroit,
 * Donald Trump,
 * Donald Trump 2020,
 * Lin Wood,
 * 2020 Presidential Candidates,
 * 2020 Elections,
 * Sidney Powell,
 * Jan. 6 Capitol riot


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the site to enable you to share our content with your friends and networks. They
are capable of tracking your browser across other sites and building up a
profile of your interests. This may impact the content and messages you see on
other websites you visit. If you do not allow these cookies you may not be able
to use or see these sharing tools.

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GOOGLE

Google


Allowing third-party ad tracking and third-party ad serving through Google and
other vendors to occur. Please see more information on Google Ads here.

 * STORE AND/OR ACCESS INFORMATION ON A DEVICE
   
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   Cookies, device identifiers, or other information can be stored or accessed
   on your device for the purposes presented to you.

 * SELECT PERSONALISED ADS
   
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   Personalised ads can be shown to you based on a profile about you.
   
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 * SELECT BASIC ADS
   
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   Ads can be shown to you based on the content you’re viewing, the app you’re
   using, your approximate location, or your device type.
   
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 * MEASURE AD PERFORMANCE
   
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   The performance and effectiveness of ads that you see or interact with can be
   measured.
   
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 * APPLY MARKET RESEARCH TO GENERATE AUDIENCE INSIGHTS
   
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   Market research can be used to learn more about the audiences who visit
   sites/apps and view ads.
   
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 * DEVELOP AND IMPROVE PRODUCTS
   
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   Your data can be used to improve existing systems and software, and to
   develop new products
   
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 * CREATE A PERSONALISED ADS PROFILE
   
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   A profile can be built about you and your interests to show you personalised
   ads that are relevant to you.
   
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