'Coerce his compliance': Mike Lindell should face 'daily penalty' until he pays up in full for 'frivolous' claims, Smartmatic tells judge

MyPillow CEO Mike Lindell has refused for implicit a twelvemonth to wage much than $56,000 successful sanctions aft making "frivolous" claims against Smartmatic and the 2020 election. Now the voting instrumentality institution is urging a justice to clasp Lindell successful civilian contempt and "coerce his compliance" by issuing a "daily penalty" until helium pays successful full.

The 14-page filing rips Lindell's "claimed indigence" and nonpayment arsenic nonsensical, fixed that helium is moving for politician successful Minnesota, has raised hundreds of thousands of dollars successful ineligible defence funds, flew concern people past period to the "luxury skis edifice town" of Aspen, and continues to boost claims of "confidential whistleblowers" connected to failed "Kraken" predetermination lawsuits of 2020.

"His filing represents the latest iteration of a hold maneuver spanning astir 5 years. This is not an inability to pay. It is simply a calculated refusal to pay. Only the menace of contempt volition determination him to comply," Smartmatic told U.S. District Judge Carl Nichols connected Monday.

Nichols, a Donald Trump appointee, threatened successful caller weeks "further contempt sanctions" beyond the $56,369 sum helium ordered Lindell to wage much than a twelvemonth ago. In doing so, the justice ordered Lindell and his counsel Chris Kachouroff to explicate "why helium has not complied."

Lindell submitted a filing nether seal connected Jan. 19, seemingly repeating claims that helium is incapable to wage the sanctions. According to Smartmatic's telling, however, Lindell veered from the questions astir his finances into a retelling of stolen predetermination conspiracy theories.

In 2020, Smartmatic's technology was used only successful Los Angeles County, a region then-candidate Joe Biden easy won. Nonetheless, President Donald Trump's allies pushed the conception that the company was tied to deceased Venezuelan president Hugo Chavez and could person played a relation successful stealing the election, starring to defamation lawsuits.

Lindell's latest filing not lone waded backmost into those waters, but besides attempted to assertion the DOJ's October indictment of the company for alleged bribery and wealth laundering successful the Philippines successful 2016 was applicable to the treatment of his noncompliance with a tribunal order, Smartmatic said.

"Unable to found fiscal inability to pay, Mr. Lindell attempts distraction with inflammatory allegations — an unrelated indictment of Smartmatic executives and wild, unsubstantiated 'confidential witness' statements — neither of which bears connected his work to comply with this Court's order," the filing continued.

While Lindell claimed the "confidential witness" oregon "whistleblower" statements were tribunal "testimony" supporting his allegations astir the 2020 election, the grounds shows that's "misleading astatine best, and astatine worst, a deliberate fabrication," Smartmatic said, connecting 1 idiosyncratic to incarcerated Lindell state Tina Peters and the different to indicted Michigan "Kraken" lawyer Stefanie Lambert and election-denying Barry County Sheriff Dar Leaf.

"First, these 'confidential whistleblowers' did not 'testify' successful immoderate national territory tribunal cases. Rather, to the grade they exist, these individuals were interviewed ex parte extracurricular the beingness of a Court oregon opposing counsel. The archetypal 'whistleblower' was interviewed by John Case, lawyer for erstwhile Mesa County, Colorado Clerk Tina Peters, with nary opposing counsel oregon tribunal newsman present," the filing stated. "The 2nd 'whistleblower' was interviewed by Michigan lawyer Stefanie Lambert, and Sheriff Dar Leaf of the Barry County Sheriff's Office successful Michigan. This interrogation too, was taken extracurricular the beingness of a tribunal oregon opposing counsel."

Smartmatic said the 2nd "whistleblower" cited an affidavit that was utilized arsenic portion of Sidney Powell's failed Georgia, Arizona, and Michigan "Kraken" cases. Lambert served arsenic section counsel successful the Michigan lawsuit King v. Whitmer and was initially sanctioned for her involvement, though that was aboriginal reversed.

"Each of these suits was dismissed. In fact, successful its archetypal Motion to Sanctions, Smartmatic cited these cases arsenic examples of frivolous lawsuits challenging the results of the 2020 predetermination without immoderate evidence," the filing continued, straight pointing to King v. Whitmer.

Tired of "blatant disregard" and vague claims of "financial distress," Smartmatic asked Nichols to guarantee that Lindell's "pattern of routinely ignoring this Court's orders" beryllium enactment to an end.

"Mr. Lindell's instant effect demonstrates precisely what Smartmatic foresaw: a assertion of inability to wage calved of disregard for this Court's orders, alternatively than genuine fiscal hardship. Mr. Lindell volition not wage unless and until the Court compels him to bash truthful done contempt," Smartmatic said. "Without meaningful enforcement, a litigant who files frivolous claims faces nary existent consequences: dismissal, yes, but nary fiscal accountability if helium simply refuses to wage sanctions and forces his hostile to enarthrosis the load of collection."

Accusing Lindell of "weaponiz[ing] the civilian litigation process" portion "claiming poverty," the institution slammed his "inflammatory accusations and baseless claims arsenic distraction" and encouraged Nichols to clasp Lindell successful contempt and marque him look a "daily penalty" until helium pays.

"Mr. Lindell offers nary grounds but alternatively provides simply an unsupported connection of insufficient funds. He provides neither documentation nor mentation for failing to deposit the funds into escrow arsenic directed. In the twelvemonth since the Court acceptable the sanctions amount, Mr. Lindell has raised hundreds of thousands of dollars for his ineligible defense," Smartmatic said. "He continues to solicit donations for his assorted causes, and arsenic precocious arsenic January 2026, helium was observed traveling concern people to a luxury skis edifice town. His filing represents the latest iteration of a hold maneuver spanning astir 5 years."