Oh, so she's trying the Tucker Carlson defense?
Yes, basically. It's actually just one of many plays, in terms of defamation law, her attorneys made in her defense here. And it could work! Even if cases where libel and slander appear to be *glaringly obvious*, like Elon Musk calling some guy a pedophile on Twitter, it's extremely hard to prove in U.S. courts because there's a heavy burden on the aggrieved party to prove the claim, and it's even heavier with public figures/entities.
In its defense of Lou Dobbs, Jeanine Pirro , etc. in similar cases, Fox News is currently arguing that Smartmatic and Dominion are public figures, and under defamation law, the defamation can't simply be a mistake -- public figures have to prove "malice," which means either defendant knew the information was false or showed reckless disregard for the truth. In essence, Fox News is saying "Hey, we got it wrong, but we didn't do it with malic, and that's what you have to prove." Powell's lawyers made a similar claim in her motion (not unconvincingly, I might add). The motion also challenges the venue, claims her statements are "protected political speech" and makes other defenses, some of which are cringe-worthy and others not so much.
The points are 1) while the "no reasonable person would conclude that the statements were truly statements of fact" defense seems silly and worthy of ridicule, it *could* potentially work -- if Powell commits to it and the protected political speech argument. However, if doesn't appear based on her latest statements that she is committing to it because she's still insisting much of what she said is factual. And as Reason states below, ya can't have it both ways.
Former Trump campaign lawyer Sidney Powell yesterday responded to the $1.3 billion defamation lawsuit that Dominion Voting Systems filed after she
reason.com
And more importantly, 2) this may seem like a slam dunk for Dominion and Smartmatic, but again, defamation cases are *extremely* hard to prove and heavily tilted toward the defendant and free speech (as the Musk case demonstrated, you can absolutely call a private citizen a "pedo" on Twitter and get away with it as long as you can convince judges and juries that you didn't mean it and no one took you seriously anyway). So yes, we can all have a laugh about what Powell allegedly thinks of Fox News viewers and Trump supporters, and we can throw ridiuclous what aboutisms around to deflect from the matter at hand, but the reality is Dominion and Smartmatic have an uphill battle, and this defense could potentially work.