CT Blue

I’m no longer practicing law, but I still can’t help but feel just a twinge of pity for whatever lawyer is representing Mike Lindell in the various libel suits that have been filed against him. Only a twinge, mind you, because he or she is probably as loathsome as Lindell. The guy just keeps making the case for the plaintiffs.

Recently he was served in a case brought by Eric Coomer, a former employee of Dominion for defamation.

Now, under still relevant Supreme Court precedent, a “public figure” can prevail in a libel suit only if he or she can prove actual malice on the part of the defendant. Now, the plaintiff in this case may or may not ultimately be ruled to be a public figure, but Lindell’s lawyers will no doubt want to argue that he is. So, here’s Lindell’s public reaction to the lawsuit:

During a broadcast later on Wednesday, Lindell claimed that he had “never talked about Eric Coomer” despite numerous statements accusing the former Dominion employee of fraud and being a “traitor.”

“Apparently he’s the president of Dominion,” Lindell stated incorrectly, “the criminal crime family here in Denver.”

“He served papers, everybody!” he continued. “Eric Coomer, you are a criminal! Eric Coomer, your lawyers better look out. I’m not putting up with this. MyPillow doesn’t even know who you are. My employees — I have 2,700 employees. Shame on you, Eric Coomer. You did a very, very stupid move, Mr. Coomer!”

Lindell claimed that Coomer would be “the first one” who goes to jail over the election.

“You’re number one on my list,” he ranted. “You’re disgusting. You belong behind bars. I heard you ran into a building the other day drunk or whatever you were, you know, whatever you did. You know, allegedly! I’ll say that for the lawyers.”

“But I will accuse you of this,” Lindell said. “You’ve been part of the biggest crime this world has ever seen, Eric Coomer, president of Dominion! You’ve even said what you did or what you were going to do. You’re disgusting. You’re disgusting, you’re evil and you belong behind bars and we will not stop to you are behind bars.”

He added: “We’re going to melt down your little machines and you’re going to hang on to your little prison bars. ‘Let me out, let me out!’ Should have thought about that, Eric Coomer, before you did crimes against the United States, the world and quite frankly all of humanity.”

If they get a super friendly right wing judge, they may be able to get these statements excluded, but it seems to me that any fair observer would have to conclude that they are evidence of actual malice against Mr. Coomer. For that matter, they could form the basis for additional counts against him.

I remember being involved in a case in which my client, several times, told me something that she thought would help her case and which I consistently told her would hurt it and that she should not mention it. She did anyway, and she lost the case. I can’t help but believe that even the most right wing lawyer would have cautioned Lindell to keep his mouth shut about Dominion from now on. It is looking more and more likely there’s one hopeful thing to which we can look forward: the end of the MyPillow grift.