Attorney Alan Dershowitz says in a new court filing that he should face no sanctions in failed Arizona ballot lawsuit because he had a limited role in the case.
Howard Fischer PHOENIX — Famed attorney Alan Dershowitz wants to be excused from paying any sanctions in the failed lawsuit to require hand counts of votes, saying he really had nothing to do with the claims a judge rejected.
"My role was expressly limited to the potential for future abuses based on the unwillingness of voting machine companies to disclose the inner workings of their machines," he continued. Wilenchik sought to distance his client from the whole lawsuit about why voting machines can't be trusted in other ways.
What Dershowitz also hopes will excuse him from being assessed any part of the legal fees is the fact that Tuchi threw out the case before there ever was an actual hearing on the merits of the allegations. Instead, the judge concluded that just the legal claims themselves were based on false allegations and misrepresentations. And that was enough to convince Tuchi that the case should not go to trial — or even to let the Lake and Finchem legal team further pursue their allegations.
Wilenchik said Dershowitz has"serious medical limitations on travel," which is why he now holds himself out primarily as a consultant and advisor to other lawyers. And Wilenchik said that consulting practice is limited"with no active office, staff, or direct role in the trial of cases." "Plaintiffs either failed to conduct the reasonable factual inquiry required , or they conducted such an inquiry and filed this lawsuit anyway,'" Tuchi wrote."Either way, no reasonable attorney, after conducting an objectively reasonably inquiry into the facts and law, would have found the complaint to be well-founded."
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