Mike Lindell, also known as the My Pillow Guy, listens to former President Donald Trump speak in July 2024 (AP Photo/Alex Brandon).
A federal judge for the second time in the last three months has questions about why 2020 election conspiracy theorist and MyPillow CEO Mike Lindell has failed to comply with a court order, raising the specter of “further contempt sanctions.”
U.S. District Judge Carl Nichols is a Donald Trump appointee who has presided over Dominion Voting Systems-related defamation lawsuits since the aftermath of the 2020 election.
One year ago, Nichols ordered Lindell to pay more than $50,000 to Smartmatic, a now-indicted voting machine company whose technology was used only in Los Angeles County in 2020.
Smartmatic became involved in the Dominion case as a third-party defendant because Lindell countersued, claiming RICO violations. Some “frivolous” claims in the Lindell countersuit led Nichols to order up $56,369 in sanctions.
In March, Smartmatic moved to hold Lindell in civil contempt, complaining that he “still has not paid, nor […] meaningfully engaged in any discussions or negotiations regarding the terms of payment.”
A recent status report explained what happened next. In April, the judge asked Lindell to demonstrate his “inability to pay” and the pillow mogul “submitted sealed financial records on April 18[.]”
In early June, Smartmatic said, the company “filed under seal a Declaration and certain information pertaining to its understanding of Mr. Lindell”s financial position,” and served copies on Lindell’s counsel “the same day.” Nichols one week later “issued a sealed order to Defendants.”
On Halloween, Nichols ordered Lindell to explain “why he has not complied” with that sealed order. Lindell attorney Christopher Kachouroff, in turn, offered up as an explanation that he wasn’t able to access the sealed orders and hadn’t received them by mail.
Kachouroff, seeking an extension, also revealed that Lindell had “obtained new counsel who is expected to enter an appearance within weeks and the undersigned is working diligently to transition this case to new counsel.”
Nichols responded by granting that extension, issuing an order directing the clerk’s office and Smartmatic to “ensure” Lindell’s team received copies of both the sealed order and Smartmatic’s declaration and filed exhibits about Lindell’s finances, and setting a deadline for an update in mid-December.
The ensuing Smartmatic update stated that its assessment of Lindell’s finances showed he “raised an additional $86,000 for his legal defense fund, totaling $448,819” and, in addition, “based upon publicly available documentation,” raised “$125,222 in defense funds” relating to the defamation lawsuit that Smartmatic brought in Minnesota.
Smartmatic further said it “provided the documents” to Lindell’s “new counsel,” without naming the attorney or attorneys. As of Tuesday, the court docket still lists Kachouroff as Lindell’s lead attorney of record.
Nichols’ Monday minute order set a deadline of Jan. 19 at the latest for Lindell to show cause “for why he has still not complied with the Sealed Order” and the judge’s Oct. 31 order.
Nichols then put Lindell on notice, issuing a clear warning that threatened “further contempt sanctions” if he fails to govern himself accordingly.
“The Court warns Defendant Lindell that failure to comply with this order may result in further contempt sanctions,” the judge said.
