Sidney Powell’s election complaint is being considered by a US appeals court.
Attorney Sidney Powell talks at a press conference on election results on December 2, 2020 in Alpharetta, Georgia, United States. AFP/Elijah Nouvelage
31 May (Reuters) – Wisconsin Governor Tony Evers’ lawyers told a federal appeals court in Chicago on Wednesday that conservative lawyer Sidney Powell should have been sanctioned for her failed lawsuit alleging election scam in the 2020 presidential election.
Evers is suing Powell and a group of other lawyers who claimed major election fraud in battleground states won by Democrat Joe Biden, including Wisconsin, for $106,000 in attorney costs.
“This case was sanctionable from the start,” Jeffrey Mandell, a partner at Stafford Rosenbaum who represents Evers, said during oral arguments before the United States Court of Appeals for the Seventh Circuit. “This lawsuit should never have been Re-Opened.”
In August, United States District Judge Pamela Pepper refused Evers’ application for penalties, stating that she no longer had jurisdiction over the matter. She also ruled that fines would be inappropriate because she rejected Powell’s case without considering the merits of her claims.
If Evers’ appeal is successful, Pepper will have to consider his request for punishment. During Wednesday’s arguments, however, appeal judge David Hamilton expressed concern that renewing Evers’ sanction move would constitute a “post-victory ambush.”
Powell’s petition to overturn the Wisconsin election results alleges massive, complex fraud involving voting devices linked to Venezuelan dictator Hugo Chavez and hackers from China and Iran. Pepper dismissed the case on procedural grounds within days.
During the hearing, Powell argued that Evers’ demand for attorney fees caught her off guard. She claims she has faced many sanctions proceedings and disciplinary complaints in other states, including her home state of Texas.
“We have been Designed by lawfare,” Powell presented.
Powell continues to defend her election fraud charges in her appellate brief, claiming that Evers cannot declare her claims frivolous without an evidentiary hearing.
Powell was fined $175,000 by a federal judge in Michigan for launching a similar complaint citing baseless election fraud charges. She has challenged the censure to the United States Court of Appeals for the Sixth Circuit, which heard oral arguments in December.