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Sidney Powell

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Sidney Powell
Born1955 (age 68–69)
Durham, North Carolina, U.S.
EducationUniversity of North Carolina, Chapel Hill (BA, JD)
OccupationAttorney
Years active1978–present
WebsiteOfficial website

Sidney Katherine Powell (born 1955)[1] is an American attorney and former federal prosecutor from North Carolina.

After graduating from law school in 1978, Powell began her career as an Assistant District Attorney in the Western District of Texas, among other jurisdictions. She prosecuted Jimmy Chagra in 1979.[2] In 1988, she ceased working as a prosecutor and, in 1993 she established her own firm. She is experienced in appellate matters as a prosecutor and defense counsel.[3][4] She represented executives in the Enron scandal,[5] and in 2019, defended General Michael Flynn in United States v. Flynn.[6] In 2020, Powell joined the legal team of President Donald J. Trump in an attempt to overturn President-Elect Joe Biden's victory over Trump in the 2020 presidential election, but after several interviews in which Powell spread additional election fraud conspiracy theories the president's legal team formally distanced itself from her, stating she was "practicing law on her own" and was not a member of the team.[7][8][7]

Powell has promoted numerous conspiracy theories. She has claimed that Flynn was framed by a covert "deep state" operation,[6][9] and has also promoted personalities and slogans associated with the QAnon conspiracy theory. In regards to the 2020 presidential election, Powell alleges that a secret international cabal involving Communists, “globalists," George Soros, Hugo Chávez, the Clinton Foundation, the CIA, and thousands of Democratic and Republican officials, including Trump ally and Georgia Governor Brian Kemp, used voting machines to transfer millions of votes away from Donald Trump to Joe Biden.[10][11][12][13] Powell has also baselessly accused other Republican and Democratic candidates for office of paying bribes to the Dominion Voting Systems Corporation, so as to ensure that the tabulation of votes in the 2020 election would be rigged in their favor.[14]

Early life

Sidney Katherine Powell was born into a working-class family in Durham, North Carolina, grew up in the city of Raleigh,[15] and knew from an early age that she wanted to be a lawyer. She graduated from Needham Broughton High School and went on to attend the University of North Carolina at Chapel Hill, where she earned a Bachelor of Arts.[6] At the age of 19, she was accepted into the University of North Carolina School of Law, where she graduated in 1978 with a Juris Doctor degree.[16] She began her legal career as the youngest Assistant United States Attorney in the US.[17]

Legal career

From 1978 through 1988, Powell served as an Assistant United States Attorney for the Western and Northern Districts of Texas and the Eastern District of Virginia, where she handled civil and criminal trial work. She was appointed Appellate Section Chief for the Western District of Texas and then the Northern District of Texas.[2]

In 1993, Powell established her own law firm in Dallas, Texas, aimed mostly at federal appellate practice, including in the United States Supreme Court.[2] Her firm has also handled a number of high-profile class action suits. She has served as lead counsel in more than 500 appeals in the Fifth Circuit courts, resulting in more than 180 published opinions.[2][18][19]

Powell also writes and teaches in the area of federal appellate law practice, including work for the Attorney General’s Advocacy Institute of the United States Department of Justice.[17] She is a member of the American Law Institute[20] and a Fellow of the American Academy of Appellate Lawyers, where she served as president from 2001 to 2002.[2][21][22] She also served as president and governor of the Bar Association of the Fifth Federal Circuit.[2][18][23][24]

Notable cases

Assassination of Judge John H. Wood

In 1979, Powell was one of the prosecutors in the trial of Jimmy Chagra, in which he was convicted of continuing criminal violations.[2] Chagra was an American drug trafficker implicated in the May 1979 assassination of United States District Judge John H. Wood Jr. in San Antonio, Texas. In the 1970s, Chagra was one of the biggest drug traffickers operating out of Las Vegas and El Paso, and according to one observer, Chagra was "the undisputed marijuana kingpin of the Western world."[25] Carl Pierce, a co-worker who headed up the drug trafficking unit, described it as a period when drug traffickers were "trying to kill our witnesses, assassinate our prosecutors." According to Pierce, there were times when the government attorneys had to wear bulletproof vests and be escorted by federal marshals.[6] Chagra was released from prison in Atlanta, Georgia for health reasons on December 9, 2003, and reportedly placed in the Federal Witness Protection Program. He died of cancer on July 25, 2008.[26]

Enron scandal

Powell spent nearly a decade in the 2000s representing firms and executives involved in the Enron scandal, including the accounting firm Arthur Andersen and former Merrill Lynch executive Jim Brown.[5] Enron's financial misconduct was exposed in October 2001, leading to the bankruptcy of Enron and the de facto dissolution of Arthur Andersen, one of the five largest audit and accountancy partnerships in the world, because of audit failures.[27] Chief executives of Enron were indicted for a variety of charges and some were later convicted and sentenced to prison. Arthur Andersen was found guilty of illegally destroying relevant documents, which voided its license to audit public companies and effectively closed the firm. The ruling was overturned at the U.S. Supreme Court, but Arthur Andersen had already ceased operating. As a result of the scandal, new regulations and legislation were enacted to expand the accuracy of financial reporting for public companies.[28] Some of the convictions were overturned on appeal due to legal reasons including prosecutorial misconduct. After this experience, Powell went on to write extensively about prosecutorial abuses.[6]

Views

Michael Flynn

In 2019, Powell publicly called on General Michael Flynn to withdraw his guilty pleas for making false statements to the FBI, and in June 2019 Flynn released his law firm of Covington & Burling and retained Powell to serve as his lead attorney.[29] Powell's appearances on Fox News to discuss the Flynn case were noticed by President Donald Trump, and the two spoke on several occasions. On the same day it was disclosed Flynn had fired his attorneys, Powell sent a letter[30] to Attorney General William Barr requesting the "utmost confidentiality" and argued that Flynn's prosecution was due to "corruption of our beloved government institutions for what appears to be political purposes." Among other things, she requested that Barr appoint an outsider to investigate. Six months later, Barr appointed Jeffrey Jensen to conduct such an investigation.[31]

In May 2020, the Justice Department filed a motion with presiding federal judge Emmett Sullivan to drop Flynn's prosecution.[32] Sullivan did not immediately grant the motion, and Powell later requested a writ of mandamus from the DC Circuit Court of Appeals to compel Sullivan to drop the case. After an initial ruling in favor of Powell by a three-judge panel of the Court, the case was appealed to the full Court, which denied the mandamus request in an 8–2 ruling, returning the case to Sullivan's court.[33] Powell had argued to the full Court that Sullivan's role was "ministerial," giving him no discretion but to comply with the Justice Department motion, to which judge Thomas Griffith replied, "It's not ministerial and you know it's not. So it's not ministerial, so that means that the judge has to do some thinking about it, right?"[34] Other judges on the Court also pushed back on Powell's characterization of a federal judge's role.[35] Soon after taking the Flynn case, Powell had accused the Justice Department of prosecutorial misconduct against Flynn; in a footnote to a June 2020 court brief, the department described Powell's allegations as "unfounded and provide no basis for impugning the prosecutors from the D.C. United States Attorney's Office."[6][36]

Powell has been described as a proponent of conspiracy theories about Flynn, namely that he had been framed by members of the "deep state" who were trying to eject President Donald Trump from office.[6][9]

2020 presidential election

Main articles: Lawsuits related to the 2020 United States presidential election and 2020 United States presidential election § Controversies

Days before the 2020 presidential election, Dennis Montgomery, a software designer with a history of making dubious claims, asserted that a government supercomputer program would be used to switch votes from Trump to Biden on voting machines. Powell promoted the conspiracy theory on Lou Dobbs Tonight on November 6,[37][38] and again two days later on Maria Bartiromo's Fox Business program, claiming to have "evidence that that is exactly what happened."[39] She also asserted that the CIA ignored warnings about the software, and urged Trump to fire director Gina Haspel.[40] Christopher Krebs, director of the Cybersecurity and Infrastructure Security Agency (CISA), characterized the supercomputer claim as "nonsense" and a "hoax."[41][42] CISA described the 2020 election as "the most secure in American history," with "no evidence that any voting system deleted or lost votes, changed votes or was in any way compromised."[41][42] A few days later Trump claimed Krebs's analysis was "highly inaccurate" and Krebs was fired by tweet.[43]

In the wake of the election, President Donald Trump established a legal team to challenge the legitimacy of the results.[44] On November 14, Trump named Rudy Giuliani to lead the team, with Joseph diGenova, Victoria Toensing, Jenna Ellis and Powell as members of this team.[45] The team proceeded to file numerous lawsuits in several states over alleged vote harvesting, illegal votes, machine errors, vote dumps, and late-counted votes.

Holding a press conference on November 19, Giuliani and Powell alleged multiple instances of voter fraud in key states.[46] They cited an affidavit - filed by Russell Ramsland and L. Lin Wood, on behalf of the Trump campaign[47] - as evidence of manipulated results. In its comparison of votes cast in Michigan, against total voters registered, Giuliani quoted that they found over-voting of up to "300 percent".[46] However, the affidavit's conclusion was erroneous; it had compared the Michigan vote tallies against population data from Minnesota (whose respective abbreviations are MI and MN, a possible source of the error).[47][48] When the The Washington Post independently checked the numbers, no voter discrepancies were found.[46] When questioned the next day, Wood described this as "a simple mistake" and said the affidavit "will be corrected if it hasn’t been already".[47]

After Giuliani's segment ended, Powell took the lectern and alleged without evidence that an international Communist plot had been engineered by Venezuela, Cuba, China, Hugo Chávez (who died in 2013), George Soros, and the Clinton Foundation, to rig the 2020 election.[12][49] She also alleged that Dominion Voting Systems "can set and run an algorithm that probably ran all over the country to take a certain percentage of votes from President Trump and flip them to President Biden."[50] The source for many of these claims appeared to be far right news organization One America News Network (OANN).[12] She also repeated a conspiracy theory[51] spread by Congressman Louie Gohmert, OANN and others:[52] that accurate voting results had been transmitted to the German office of the Spanish electronic voting firm Scytl, where they were tabulated to reveal a landslide victory for Trump, after which a company server was supposedly seized in a raid by the United States Army.[12] The US Army and Scytl refuted these claims:[53] Scytl has not had any offices in Germany since September 2019, and they do not tabulate US votes.[54][55]

Later that evening on the Fox News program Tucker Carlson Tonight, conservative commentator Tucker Carlson said he had invited Powell onto the show to provide proof of her allegations. According to Carlson, after repeated requests, Powell became angry and said to "stop contacting her". Carlson's team contacted other figures in the Trump campaign, who said that Powell had given them no evidence for her allegations.[56]

In a subsequent interview with Newsmax on November 21,[57] Powell accused Georgia's Republican governor, Brian Kemp, of being “in on the Dominion scam” and suggested financial impropriety.[58] She also claimed the Democratic Party had used rigged Dominion machines to defeat Bernie Sanders in the 2016 primary, and that Sanders learned of this but “sold out.”[59] She stated she would "blow up" Georgia with a "biblical" court filing.[60] Powell suggested that candidates "paid to have the system rigged to work for them."[61] On the basis of these claims, Powell called for Republican-controlled state legislatures in swing states to disregard the election results and appoint a slate of loyal electors who would vote to re-elect President Trump,[62] based on authority supposedly resting in Article Two of the Constitution.[63]

On November 22, 2020, Giuliani and Ellis issued a statement that Powell is "practicing law on her own" and is not (or is no longer) a part of the Trump legal team.[7][64][65] According to The Washington Post, the Trump campaign cut ties with Powell because she was seen as harming Trump's broader legal efforts, and that President Trump disliked the coverage she received from Tucker Carlson Tonight.[66]

Legal Defense Fund for the American Republic

In November 2020, Powell established Legal Defense Fund for the American Republic, a 501(c)(4) nonprofit organization. Her stated purpose was to collect funds to help prosecute fraud in U.S. elections.[67]

Writing

Powell has written opinion pieces for The New York Observer, The Daily Caller, The Hill, National Review,[19] Fox News, and other news outlets.[68][69] She has published two books:

  • Powell, Sidney K. (May 1, 2014). Licensed to Lie: Exposing Corruption in the Department of Justice. Brown Books. ISBN 978-1-61254-149-5. OCLC 870288205.[70]
  • Powell, Sidney K.; Silverglate, Harvey A. (February 18, 2020). Conviction Machine: Standing Up to Federal Prosecutorial Abuse. Encounter Books. ISBN 978-1-59403-803-7. OCLC 1104857327.

In addition, Powell has published several journal articles on law practice. Examples include:

Film and media career

Powell has made numerous media appearances both as a political and legal commentator and as a published writer on the subject of law. She has appeared on television shows including Lou Dobbs Tonight, Hannity, Shannon Bream's show, Newsmax TV, and One America News, as well as on various radio shows.[71]

Powell served as producer on the drama Decoding Annie Parker (2013), providing guidance to help bring the film to a commercial release. The film tells the story of Annie Parker[72] and the discovery of the BRCA1 breast cancer gene. The film went on to raise millions of dollars for cancer charities.[73]

Powell appeared in the cast of The Plot Against the President (2020), a documentary film directed by Amanda Milius and based on the book of the same title by journalist Lee Smith.[74] The film examines circumstances leading up to the 2016 United States presidential election, the subsequent transition of power, and events that transpired after President Donald Trump's inauguration in January 2017.

QAnon

Powell has been described by some sources as a supporter of the QAnon conspiracy theory,[75][76] a far-right conspiracy theory which alleges that a cabal of Satan-worshipping pedophiles is running a global child sex-trafficking ring and plotting against President Donald Trump, who is fighting the cabal.[77] Despite having retweeted major QAnon accounts and catchphrases and appearing on QAnon shows on YouTube,[76] Powell has denied knowledge of QAnon.[6]

Personal life

Powell has a son from a former marriage. She has participated in volunteer work for women's shelters and other charities.[6]

References

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  2. ^ a b c d e f g "Sidney Powell P.C." Archived from the original on November 16, 2020. Retrieved November 14, 2020.
  3. ^ Peters, Jeremy W.; Feuer, Alan (November 23, 2020). "What We Know About Sidney Powell, the Lawyer Behind Wild Voting Conspiracy Theories" – via NYTimes.com.
  4. ^ "5 things to know about Sidney Powell, the Dallas lawyer formerly on Trump's legal team". Dallas News. November 23, 2020.
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  7. ^ a b c Wolfe, Jan (November 22, 2020). "Trump campaign says Sidney Powell not a member of legal team" – via www.reuters.com. Cite error: The named reference ":4" was defined multiple times with different content (see the help page).
  8. ^ Bowden, John (November 22, 2020). "Giuliani distances Trump campaign from attorney Sidney Powell". TheHill. Retrieved November 22, 2020.
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  44. ^ "Trump legal team to file new ballot lawsuits". November 8, 2020. Archived from the original on November 15, 2020. Retrieved November 14, 2020.
  45. ^ Donald Trump [@realDonaldTrump] (November 14, 2020). "I look forward to Mayor Giuliani spearheading the legal effort to defend OUR RIGHT to FREE and FAIR ELECTIONS! Rudy Giuliani, Joseph diGenova, Victoria Toensing, Sidney Powell, and Jenna Ellis, a truly great team, added to our other wonderful lawyers and representatives!" (Tweet). Retrieved November 23, 2020 – via Twitter.
  46. ^ a b c Blake, Aaron (November 20, 2020). "The Trump campaign's much-hyped affidavit features a big, glaring error". The Washington Post. Archived from the original on November 20, 2020. Retrieved November 20, 2020.
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External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=Sidney_Powell&oldid=990430399"