Jury finds leading proponent of 'The Big Lie' defamed former voting equipment employee

San Francisco Chronicle​

6 hours ago

DENVER (AP) — A jury found Monday that MyPillow founder Mike Lindell defamed a former employee of a prominent voting equipment company by calling him a traitor, telling Lindell and his online media platform to pay $2.3 million in damages. The decision came after a two-week trial involving one of the biggest proponents of the myth that the 2020 election was stolen, a lie that still dominates national politics. Other such cases have ended in settlements before they could go before a jury.
What happened?
The jury found that Lindell made two defamatory statements about Eric Coomer, the former product strategy and security director for Denver-based Dominion Voting Systems. On May 9, 2021, Lindell attacked voting machine companies and then said Coomer was a traitor.
That statement came a day after Newsmax apologized to Coomer for airing false allegations against him. Lindell testified that he was upset because he thought Coomer had made a deal to prevent him from appearing on Newsmax to talk about voting machines. However, ahead of the trial, lawyers for both sides agreed that the settlement agreement between Coomer and Newsmax did not mention Lindell.
The other statement came on April 6, 2022, a day after Lindell was served with Coomer's lawsuit as he was about to appear at an event at the Colorado state Capitol. Lindell accused Coomer of being 'part of the biggest crime this world has ever seen.'
The jury also found Lindell's online media platform, Frankspeech, had defamed Coomer because of comments made by someone appearing at an election fraud symposium streamed on Frankspeech in 2021.
The jury cleared Lindell of defaming Coomer eight other times for statements made by both himself and others who appeared on Frankspeech.
What has been the reaction?
In an appearance on his new online media platform, Lindell TV, on a show hosted by former New York Mayor Rudy Giuliani right after the verdict, Lindell stressed that MyPillow, which promoted the 2021 symposium, was not found liable for any of the defamatory statements. Later Lindell told reporters that he would continue to speak out about voting machines.
On Tuesday, Lindell's legal defense told supporters in an email that he had stood up for the First Amendment — echoing his defense team's approach — and was 'largely victorious' in the case.
'Mike Lindell stood alone — refusing to pay hush money and refusing to apologize for voicing concerns shared by millions of Americans,' it said.
One of Coomer's attorneys, David Beller, said Lindell hurt not only Coomer but the democratic process. He thinks the jury's decision will help repair that damage.
'This verdict allows the county to heal, though undoubtedly with scars money cannot hide,' he said.
What is defamation?
Defamatory statements are comments that harm someone's reputation. Because Lindell's statements involved a matter of public concern — elections — jurors had to find that Lindell knew they were false or didn't bother to check out whether they were true or not. A 1964 ruling known as New York Times v. Sullivan and related cases set that higher legal bar for things said about public figures or matters.
Truth is a defense against defamation. Lindell could have offered proof of his claims in order to defend himself at the trial but didn't.
'We met the highest constitutional standard under the First Amendment and that occurred in large part because Mr. Lindell claimed he had evidence of voter fraud by Dr. Coomer when he had none," said Charles Cain, another lawyer who represented Coomer.
Other cases and an apology
Coomer has another lawsuit pending in Colorado involving a podcaster who said he had heard Coomer promise to rig the 2020 election in an alleged antifa conference call, an account that was also later shared at Lindell's symposium. He also is suing former Overstock CEO Patrick Byrne in Florida.
Salem Media Group, a Christian and conservative media company whose hosts had interviewed the podcaster about his account, said in statement on its website that it apologizes for the harm caused to Coomer and his family and that all statements about the allegations have been removed from its website. The company did not immediately respond to questions about when the apology was posted and why.
'The Big Lie' has taken hold of a chunk of the country
Lindell has become one of the most enthusiastic proponents of what has been dubbed 'The Big Lie'— the idea that fraud cost Trump the 2020 election.
The reason this has taken hold of a significant chunk of the country, despite being repeatedly disproved, is that its main proponent is the president himself. Trump has continued to insist that a murky conspiracy deprived him of a victory in 2020, even after he won an election with the same procedures this past November.
There is no evidence of anything amiss with the 2020 election. Trump's then- attorney general said there was no indication of wide-scale fraud. That is the same conclusion of numerous recounts, audits andinvestigations — includingmultiple onesrun by Republicans. Trump and his allies lost more than 50 court cases trying to overturn the election.
Still, Trump famously never likes to admit he lost even when he did. In 2016, Trump claimed that fraud was why he lost the Iowa caucuses. Despite winning the 2016 presidential election in the Electoral College, Trump claimed fraud cost him the popular vote in that election.
And he has embraced those who helped spread his lies about 2020 — Trump pardoned more than 1,000 people convicted of their role in the Jan. 6, 2021, attack on the U.S. Capitol to keep Trump in office. He has met with Lindell in the Oval Office.