Topline
Far-right attorney Sidney Powell and her co-counsel will have to undergo additional legal education thanks to their failed post-election lawsuit challenging Michigan’s presidential election results, as an appeals court denied Thursday the attorneys’ request to block the sanctions against them while the appeal plays out.
Attorney Sidney Powell leaves federal district court in Washington, D.C., on June 24, 2021.
Key Facts
U.S. District Judge Linda Parker issued sanctions against Powell and her co-counsel in August, including ordering them to undergo at least 12 hours of continuing legal education in pleading standards and election law, calling their post-election lawsuit “a historic and profound abuse of the judicial process.”
The attorneys asked the 6th Circuit Court of Appeals on February 14 to temporarily block the non-monetary sanctions against them while it considers a full appeal on the sanctions, before a February 25 deadline the court set for them to complete the legal classes.
Powell and her co-counsel claimed that being forced to undergo “nonpartisan” legal education violated the First Amendment and the district court was trying “to make a political statement at [their] expense” with the order.
The 6th Circuit Court of Appeals denied that request on Thursday, saying the right-wing lawyers should have first asked the district court to halt the sanctions instead.
The attorneys also asked the appeals court to block Parker’s order that the lawyers be referred to their states’ disciplinary boards for potential punishment—but the district court clarified it was too late for that, as the court already issued the referrals in August.
Powell has not yet responded to a request for comment.
Big Number
$175,250.37. That’s the exact amount Parker has ordered the nine right-wing attorneys involved with the case to pay in sanctions, with $21,964.75 going to the state of Michigan, on behalf of defendants Michigan Gov. Gretchen Whitmer and Secretary of State Jocelyn Benson, and $153,285.62 to the city of Detroit. The attorneys won’t have to pay that yet, however, as Parker paused the order while the sanctions are being appealed.
Key Background
The Michigan lawsuit was one of four lawsuits Powell brought in battleground states after the 2020 election trying to overturn the results, part of a broader post-election legal campaign waged by Trump and his allies. The cases alleged widespread fraud and Powell dubbed the blitz of lawsuits “releas[ing] the Kraken” after the 1981 film The Clash of the Titans—though all four legal challenges ultimately failed. Parker initially dismissed the Michigan lawsuit in December, ruling the complaint was based on “nothing but speculation and conjecture” and did not actually offer proof of election fraud, but rather “an amalgamation of theories, conjecture, and speculation that such alterations were possible.” Powell and her co-counsel have continued to stand behind their litigation, however, saying in a February brief to the appeals court they made “non-frivolous legal claims” and that “millions of Americans believe the central [voter fraud] contentions of the complaint to be true, and perhaps they are.” There is no credible evidence to support allegations of widespread fraud in the 2020 election.
Further Reading
Detroit slams Sidney Powell’s move to dodge CLE-hour sanctions (Reuters)
Sidney Powell And ‘Kraken’ Lawyers Must Pay More Than $175,000 To Michigan Gov. Gretchen Whitmer And Others (Forbes)
Sidney Powell, ‘Kraken’ Attorneys Sanctioned For Bringing Michigan Election Fraud Lawsuit (Forbes)
Michigan Officials Charge 3 People With Voter Fraud, Tell Trump Supporters To ‘Stop Spreading Lies’ Fraud Is Widespread (Forbes)
Source: https://www.forbes.com/sites/alisondurkee/2022/02/24/sidney-powell-and-kraken-attorneys-must-undergo-legal-education-for-attempts-to-overturn-2020-election-for-trump/