by Sharon Rondeau
(Sep. 21, 2022) — On the second day of his two-day “The Moment of Truth Summit,” August 21, 2022, MyPillow founder Mike Lindell told his audience that by pressing a button on his laptop, he uploaded a Motion to Intervene in a 15-year-old lawsuit in which former government subcontractor Dennis Montgomery and his former business partner, Warren Trepp, were then embroiled.
The Motion is date-stamped by the U.S. District Court for the District of Nevada August 20, 2022, indicating it was already filed when Lindell claimed he submitted it.
In the document, attorneys for Lindell argue that the Protective Order requested by the government and granted in 2007 by Judge Philip Pro over contractual work Montgomery, Trepp and the company they formed, eTreppid, performed for “intelligence agencies” is “stale” and should therefore be lifted so that Lindell can “defend himself” from “a defamation claim.”
Lindell has been sued by Dominion Voting Systems, Inc.; a second voting-machine company, Smartmatic; and a private individual formerly employed by Dominion, Eric Coomer, on defamation grounds as a result of Lindell’s claims that the companies were responsible for changing votes for incumbent President Donald J. Trump to Democratic challenger Joe Biden, who now sits in the White House.
On Monday, U.S. District Court for the District of Minnesota Judge Wilhelmina Wright ruled against Lindell’s Motion to Dismiss the Smartmatic case. Likewise, the Dominion suit, asking for $1.3 billion in damages, remains alive.
Coomer’s was filed later, in April of this year.
“The Protective Order was entered on August 29, 2007, fifteen years ago,” Lindell’s attorneys argued on page 9 of the Motion. “It was based on an assertion that secrecy was needed to protect ‘national security interests’ of the United States. Protective Order at 1-2. The affidavit on which the Protective Order was based stated that disclosure of ‘particular intelligence sources and methods’ or the ‘classified contracting process’ could harm U.S. national security. Decl. of John D. Negroponte ¶ 12 (Doc. 83-2). Those sources, methods, and contracts are now at least fifteen years out of date. Computer capabilities and software – the substance of Montgomery’s work for eTreppid at issue in this action, see case no. 06-cv-00056 doc. 1 ¶¶ 1,7, 15-19 – that in 2007 were cutting-edge are now obsolete. Any need for secrecy to protect these matters has faded, and the Protective Order is no longer necessary…”
The Motion was accompanied by a 194-page “Declaration” from Montgomery, from which Lindell’s attorney, Kurt Olsen, read between Lindell’s two August 21 soliloquies to the summit audience on the subject.
“Lindell possesses data (“Data”) obtained from party Dennis Montgomery (“Montgomery”), which Lindell seeks to use to defend himself against claims asserted in other litigation, and the Data may be covered by the Protective Order,” Lindell’s attorneys wrote on page 2.
As The Post & Email has reported, eTreppid, which is now defunct, was not contracted to produce any “data” pertaining to elections or voting. Rather, the Defense Department’s interest in eTreppid’s technology was Montgomery’s promotion of software he claimed he invented which could decode hidden messages from Islamic terrorist groups in the years following the 9/11 attacks on the United States.
The ownership and copyright of the alleged software, which Montgomery would claim in a future lawsuit he did not have in his possession, instigated Montgomery’s lawsuit against Trepp and eTreppid, to which Trepp responded with a lawsuit of his own.
Approximately two years later, in 2008, all litigation was settled among the parties, which then involved another entity, Blxware, LLC, where Montgomery had taken his “technology” after abruptly leaving eTreppid in early January 2006.
In a fundraising solicitation approximately two weeks ago, Lindell told subscribers and website visitors that “Montgomery’s information will be the final nail in the coffin for THE PROOF that electronic voting machines are stealing your voice! It’s so explosive that at The Moment of Truth Summit, my team filed a motion to intervene for the limited purpose of lifting the Protective Order on Montgomery’s information that has been suppressed by the Courts since 2006! You deserve the Truth!”
On page 3 of the Motion, Lindell’s attorneys claim Lindell “acquired ownership rights to the Data” from Montgomery.
The information that Lindell in part relied upon, the Data, comprises internet transmissions sent during the 2020 election that were collected by technology MontgomeryPage 3 of Motion to Intervene, 08/20/2022
developed and previously licensed to the US government. Lindell Decl. ¶ 7; See Exhibit B at Decl. ¶ 40. Montgomery has gathered extensive data showing that voting machine manufacturers and their employees were hacked several times, and information related to illegal US government surveillance programs that Montgomery worked in. Montgomery Decl. ¶ 38. Lindell agreed to acquire ownership rights to the Data from Montgomery. Lindell Decl. ¶ 6; Montgomery Decl. ¶ 39. The Protective Order entered by this Court prohibits the use or disclosure of information related to Montgomery’s work for or relationship with U.S. intelligence agencies. See Doc. #253. Montgomery believes the Protective Order remains in place and precludes disclosure of the Data. Montgomery Decl. ¶ 41. Lindell seeks removal of this barrier to him using the Data, and testimony and evidence concerning Montgomery, to defend himself in the D.C. Litigation. Lindell Decl. ¶ 10.
It is unclear how Lindell acquired the “Data” when it is allegedly prohibited from release by a U.S. government protective order.
On his website, as of this writing Montgomery claims, “I could have sold the data and made millions of $, but didn’t. I could have sold secrets from every defense contractor in this country, but didn’t, I could have dumped this on the internet and fled to Russia, but didn’t…”
The section titled, “Whistleblower Efforts” invoking “voting records” was recently added to the site, as on September 8, 2022, The Post & Email printed out the complete home page of which the website consists and those paragraphs were not present.