Former federal prosecutor Sidney Powell, who filed four lawsuits contesting the 2020 presidential election ‘results’, was exonerated by the Texas Court of Appeals this month after the court upheld a trial court ruling that the Texas Bar’s Commission for Lawyer Discipline failed to demonstrate that Powell engaged in “dishonesty, fraud, deceit, or misrepresentation” in her legal challenges to the election ‘results.’
The trial court had granted a no-evidence summary judgment in favor of Powell, which the Texas Bar appealed. The appellate court criticized the Texas Bar’s approach, describing it as a “scattershot” that left both the trial and appellate courts struggling to identify the actual issues.
The court’s 24-page opinion detailed that Powell’s lawsuits alleged a vast conspiracy involving U.S. Dominion, Inc., foreign actors, state officials, and election workers. The Texas Bar accused Powell of altering two exhibits in her filings, but the court found that the discrepancies were due to the exhibits being copied in landscape rather than portrait mode, which cut off the dates. Powell stated that she did not draft the complaint or handle the exhibits, relying instead on other counsel.
The court agreed to affirm the summary judgment upon lack of evidence of any vital fact that could support the Texas Bar’s claims. The Bar had alleged Powell knowingly presented false evidence, but the court found no competent summary judgment evidence to support this assertion.
The Texas Bar accused Powell of violating Disciplinary Rule 8.4(c), which prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation. However, the court noted that the rules do not explicitly define these terms and refused to adopt the Bar’s broad interpretation.
Powell is also involved in ongoing legal matters related to the 2020 election. She was one of 19 defendants, including Trump, in a RICO case brought by Fulton County District Attorney Fani Willis. Powell pleaded guilty to six misdemeanor counts related to election interference, which will be removed from her record after six years of probation. Additionally, Dominion and Smartmatic have pending defamation lawsuits against her.
The Texas Bar has also targeted other conservative attorneys, including Texas Attorney General Ken Paxton, issuing sanctions against him over his attempts to challenge 2020 election irregularities. Paxton has appealed these sanctions to the Texas Supreme Court.
Read the court’s opinion here.
