A federal court jury began deliberations Friday afternoon after lawyers in a defamation case against Mike Lindell said he acted with “reckless disregard” for the truth when he accused a then-Dominion Voting Systems executive of “treasonous” ties to repeatedly debunked claims of 2020 election fraud.
“(Plaintiff Eric Coomer) was accused of a crime — not an alleged crime, as you see on the TV news broadcast, an actual crime. And (with the suggestion) that there was evidence for that crime,” Charles J. Cain, an attorney for Coomer, told the jury in closing remarks Friday. “That is defamation.”
Coomer, who lives in Colorado, sued Lindell in April 2022, alleging the MyPillow CEO defamed him. He said Lindell’s personal attacks tying him to false claims of election fraud caused severe distress and cost him his career in election security.
The trial began in U.S. District Court in Denver on June 2. On Friday, after closing arguments, the jury began deliberating about 2 p.m. and had not yet returned a verdict by early evening; it’s likely the deliberations will continue Monday.
Lindell has repeatedly tied Coomer to unfounded claims related to 2020 and said he belongs in prison. Lindell also hosted a “Cyber Symposium” in 2021, where he brought on Colorado podcast host Joe Oltmann. Oltmann had previously accused “Eric, the Dominion guy” of working with “antifa” to swing the election in favor of Democrat Joe Biden to defeat then-President Donald Trump. Oltmann specifically named Coomer at the symposium.
Coomer’s attorneys argued that the example, and other instances of Lindell elevating conspiracy theories that targeted Coomer, amounted to publishing defamatory statements.
“The defendants didn’t just act with reckless disregard, they acted with no regard as to who they were going to put on stage and what they were going to say,” Cain said.
Lindell’s attorneys countered Friday that the defendant sincerely believed the claims he was making. Attorney Jennifer DeMaster also accused Coomer and his lawyers of acting as a “ministry of truth” that was trying to police free speech.
“All of the evidence in this case points to one unassailable truth: Mike Lindell was a man in pursuit of the truth about the 2020 election,” DeMaster said. “… We don’t need a Ph.D in computer science to criticize our government function. And what government function is more vital than the right to vote?”
Cain challenged the idea that earnest belief is a defense against defamation.
Lindell has accused Coomer of engaging in “lawfare,” or using the courts to silence him and sap his bank account. He has testified to losing millions of dollars since launching his crusade against voting machines.
The false election claims have prompted several other lawsuits. Denver-based Dominion, Coomer’s former employer, settled one lawsuit against Fox News for more than $800 million. Coomer also settled a lawsuit with the rightwing media outlet Newsmax in 2021 that included a public retraction and apology.
In this case, Coomer is asking for Lindell to retract all defamatory statements and has asked for $2.7 million in economic damages, $20 million in noneconomic damages and $40 million in punitive damages, with Lindell to be personally on the hook for half and the rest to be split evenly between MyPillow and Frank Speech, Lindell’s media company.
The Associated Press contributed to this story.
Stay up-to-date with Colorado Politics by signing up for our weekly newsletter, The Spot.
Originally Published:
