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The voting-systems company Smartmatic wants MyPillow CEO Mike Lindell's lawsuit dismissed, accusing him of going on a 'crusade without a claim'

MyPillow CEO Mike Lindell
The voting-systems company Smartmatic said MyPillow CEO Mike Lindell was on a "crusade without a claim" in a new filing on Wednesday. Stephen Maturen/Getty Images

  • Smartmatic has filed for MyPillow CEO Mike Lindell's lawsuit against it to be dismissed.
  • The voting-systems company argued Lindell's claims  are "fictitious," calling his lawsuit a "stunt."
  • Lindell sued Smartmatic in June, alleging that it tried to stifle his rights to free speech.
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The voting-systems company Smartmatic said MyPillow CEO Mike Lindell is on a "crusade without a claim" in a new court filing on Wednesday. 

Asking the court to dismiss Lindell's federal lawsuit against it, Smartmatic argued that Lindell's claims against the company are fictitious, calling the pillow executive's allegations a "stunt" with "no basis in fact or law." 

"Presenting fiction as fact outside the courtroom can result in a defamation lawsuit. Presenting fiction as fact inside the courtroom should result in dismissal and sanctions," read the Smartmatic filing, which was seen by Insider. "The First Amendment allows Mr. Lindell to espouse his fictional views about the 2020 US election outside the courtroom with the understanding that he will face legal consequences for doing so. But the Federal Rules of Civil Procedure do not allow Mr. Lindell and his attorneys to present fictitious claims inside the courtroom."

Lindell has been engaged in a legal battle with both Smartmatic and Dominion Voting Systems for the better part of the year. In June, Lindell filed a lawsuit saying that he stands to lose more than $2 billion from what he alleged was a "conspiracy and enterprise to harm him" by both companies. In the lawsuit, Lindell outlined a theory that alleged the two companies' machines enabled voter fraud to happen.

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In Wednesday's filing, Smartmatic's lawyers went on to note that "no court has ever found a claim based on the 'facts' alleged against Smartmatic." They also argued that Lindell's five key allegations against their company have no basis.

According to Smartmatic's filing, some of Lindell's claims include accusations that Smartmatic was involved in a conspiracy with Dominion Voting Systems and that Smartmatic violated Lindell's First Amendment rights. 

"These claims are as farcical as they appear. They are all foreclosed by existing law, and Mr. Lindell alleges no facts to satisfy their elements. Each claim also centers on the idea that Mr. Lindell was 'punished' for speaking out about the 2020 US election," Smartmatic's legal representatives wrote. "But he does not identify a single act by Smartmatic targeting or related to him, much less an act that prevented him from speaking out." 

Separately, Dominion sued Lindell in February for $1.3 billion. Lindell's company MyPillow then filed a $1.6 billion lawsuit, accusing Dominion of trying to stifle free speech. The MyPillow CEO also attempted to have the defamation lawsuit dismissed during a hearing in June. This effort failed after US District Judge Carl J. Nichols ruled the three defamation lawsuits against Lindell and the pro-Trump lawyers Sidney Powell and Rudy Giuliani could proceed in full.

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Despite the lawsuits, Lindell has continued to float claims that the election was stolen from former President Donald Trump despite there being no evidence of widespread voter fraud.

Most recently, Lindell attempted to file a Supreme Court complaint that he baselessly claims will overturn the election results. But he failed to file the complaint because it was missing critical components, including the names and signatures of a plaintiff and counsel.

Insider reached Lindell for comment late on Wednesday night. 

"There will be no machines in the USA used in future elections. All the owners will all be in prison," Lindell said. 

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When asked about Smartmatic's argument that his claims are fictitious, Lindell said: "It is all fact or I wouldn't be wasting my time!" Lindell also called for people to look at "all the evidence" in the Supreme Court complaint, a copy of which is available on his website. 

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