In sanctions push, Detroit says Powell, Wood have blood on their hands
1/27/21 REUTERS LEGAL 19:48:23
Copyright (c) 2021 Thomson Reuters
David Thomas
REUTERS LEGAL
January 27, 2021
Attorney Sidney Powell looks at attorney L. Lin Wood as he speaks during a press conference on election results in Alpharetta, Georgia, U.S., December 2, 2020. REUTERS/Elijah Nouvelage
(Reuters) - The city of Detroit on Tuesday renewed its push for sanctions against attorneys Sidney Powell, L. Lin Wood and others who sought to overturn Michigan's electoral results, saying their Jan. 14 filing was riddled with misrepresentations.
The city linked the voter fraud claims made by the plaintiffs -- a group of Michigan Republican Party officials -- and their counsel with the Jan. 6 attack on the U.S. Capitol, when supporters of former President Donald Trump stormed the building in an effort to stop Congress from certifying the electoral victory of Democrat Joe Biden.
The attack led to the deaths of five people, including Capitol Police officer Brian Sicknick. Powell, Wood and the other attorneys in the case share responsibility for inciting the mob, Detroit argued in its reply brief.
"Let there be no mistake, there is blood on Lin Wood and Sidney Powell's hands and on the hands of all those who pushed this lawsuit," Detroit argued.
The city also argued that the plaintiffs continued to push baseless claims of voter fraud in the presidential election in their Jan. 14 reply brief, which argued against imposing sanctions. If Powell, Wood and the others were sincere about withdrawing their lawsuit and avoiding sanctions, they "would not repeat those false claims," the city continued.
U.S. District Judge Linda Parker in Detroit dismissed the plaintiffs' lawsuit in December, saying the alleged evidence of voter fraud they pointed to was "nothing but speculation and conjecture that votes for President Trump were destroyed, discarded or switched to votes for Vice President Biden."
Detroit is seeking sanctions against the plaintiffs, as well as Powell, Wood, and their other co-counsel. The plaintiffs' lawsuit alleged a vast, tangled fraud that allowed Biden to flip the state and win the election.
As part of its sanctions request, Detroit has asked the court to refer Powell, Wood and the other attorneys who signed on to the lawsuit to the Michigan Attorney Discipline Board and to the disciplinary authorities of their home jurisdictions.
It also requested Powell, Wood and their colleagues be disbarred from the U.S. District Court of the Eastern District of Michigan, where the lawsuit has been waged since Nov. 25.
The sanctions briefs have touched on Powell and Wood's apparent embrace of the QAnon conspiracy theory on Twitter. The plaintiffs on Jan. 14 pushed back against Detroit's citation of Powell and Wood's tweets, saying the social media posts were out of context and irrelevant to the case.
Detroit in its Tuesday reply again singled out Powell and Wood's tweets. The city said the final tweet by Ashli Babbitt, who was shot dead by police during the Capitol siege, was a retweet of Wood calling Vice President Mike Pence a traitor and demanding the resignation of U.S. Chief Justice John Roberts.
In the aftermath of the siege, Powell and Wood have blamed the violence on Antifa activists, Detroit continued.
Both lawyers pushed back on Detroit's arguments in their respective statements to Reuters, with each of them stating they played no role in inciting the Capitol attack. Powell also called Detroit's reply brief "a diatribe disguised as a legal filing."
"We practice law in the highest traditions of the bar. It's past time for 'To Kill A Mockingbird' to be required reading again," Powell said in her statement. "The accusations by the City of Detroit are inflammatory, false hogwash--intentionally spewed to promote the City's headline-grabbing smear campaign."
Wood said Detroit's accusations are "errant nonsense."
Apart from Powell and Wood, Detroit is seeking sanctions against Howard Kleinhendler, a New York solo practitioner; ex-Trump administration officials Emily Newman and Julia Zsuzsa Haller; Scott Hagerstrom, the Michigan state director for the Trump campaign in 2016; Brandon Johnson, an attorney licensed in Washington, D.C.; and solo practitioner Gregory Rohl. Those lawyers did not immediately respond to requests for comment.
The city of Detroit is represented by attorneys at Fink Bressack. The firm's managing partner, David Fink, did not respond to requests for comment.
The case is King, et al., v. Whitmer, et al., U.S. District Court for the Eastern District of Michigan, 2:20-cv-13134.
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