Litigators at Warner Norcross + Judd LLP secured a victory for Kent County, its clerk and election staff yesterday as a judge quashed a subpoena he deemed a “fishing expedition” from MyPillow founder Mike Lindell – and awarded the county financial sanctions.
In an action arising out of the Dominion Voting Systems, et al.v. Michael Lindell and My Pillow, Inc. litigation, Madelaine Lane, Matt Nelson and Tessa Mallett represented the County as it defended itself against an over-reaching subpoena by Lindell, who is seeking to defend himself in a $1.3 billion defamation lawsuit by Dominion Voting Systems stemming from the 2020 presidential election. An election denier now seeking to chair the Republican National Committee, Lindell was sued by Dominion in federal court after repeatedly alleging the maker of the voting machines had rigged the election.
Lindell sent subpoenas to Kent and four other Michigan counties, as well as counties across the country, asking for election records, forensic images of various network drives and devices, proprietary software and other electronic data in a move Lane told U.S. Magistrate Judge Phillip Green was an over-reaching attempt by Lindell to find a “scintilla of evidence, somewhere in the nation, to support the public statements he’s made.”
Lane said complying with the request would cost Kent County taxpayers millions of dollars when “Lindell has no evidence to support his conspiracy theories.” Judge Green agreed, quashing the subpoena and directing Lindell to pay the County’s legal fees.
“Free and fair elections are the cornerstone of our democracy,” Lane said after the victory. “It was an honor and a privilege for Warner to defend the Kent County Clerk, her election officials and taxpayers from the disorder created by perpetuating falsehoods about the integrity of our election system.”
In a statement to media yesterday, Kent County Clerk Lisa Posthumus Lyons shared: “The County and I are very gratified by Judge Green’s ruling…to quash the subpoena in its entirety. The Judge rightfully imposed monetary sanctions on Mr. Lindell and My Pillow for this bogus fishing expedition. Taxpayers should not be burdened by Lindell’s abuse of the court process.
“A robust audit conducted in 2020 confirmed Kent County’s election was secure, transparent, fair and accurate. There was zero evidence of any issues with the election results in Kent County. Mr. Lindell and My Pillow sought to abuse the court system to harass Kent County, the dedicated County Elections staff and burden its taxpayers in a shameful attempt to rewrite history. Fortunately, the court saw through the charade. Moving forward, I will continue to speak out in defense of the integrity of our elections in Kent County.”
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