Ballard & Angel Studios’ Motion to Dismiss Denied in Suarez Defamation Lawsuit

Damion Moore Monday, July 15, 2024

Court denies Tim Ballard and Angel Studios’ Motion to Dismiss defamation lawsuit by Kely Suarez. Case heads to discovery, a phase Ballard has long dreaded

This article is now part of ACJ’s comprehensive investigative series Derailed: Operation Underground Railroad

In a significant legal development, District Court Judge Robert Faust denied the Motion to Dismiss filed by Tim Ballard and Angel Studios today in the Third District Court.

Attorneys for Tim Ballard, Katherine Ballard, and Angel Studios sought relief under Utah’s Uniform Public Expression Protection Act (UPEPA), arguing that the film Sound of Freedom was a docudrama, not a documentary, and that any reasonable viewer would understand it contains fictionalized characters and events. They further contended that even if the character of Katy Giselle was based on Kely Suarez, the portrayal of her involvement in child trafficking and subsequent arrest was substantially true.

However, this argument crumbles under scrutiny. For years, Ballard has made dubious and easily disprovable claims, such as asserting that “Sound of Freedom is 95% true.” Even Operation Underground Railroad, which recently distanced itself from Ballard, released a Fact vs. Fiction page about the film that contained falsehoods.

Judge Faust saw through the charade, as internal communications by the Harmon brothers demonstrated their concern with Ballard’s credibility, as they were exposed by American Crime Journal. Attorneys Suzette Rasmussen and Alan Mortensen, representing Kely Suarez, highlighted the contradictions and inconsistencies in Ballard’s narrative. They also revealed that Angel Studios had been warned about Ballard but chose to ignore red flags. Internal communications, originally published by American Crime Journal, showed that the Harmon brothers, co-founders of Angel Studios, were aware of Ballard’s multiple criminal investigations, including for fraud.

The Harmon brothers admitted that they knew the claims made in the film and during its production, distribution, and promotion were problematic, all sourced from Ballard.

While the Motion to Dismiss filed by both Angel Studios and Tim Ballard was denied, Katherine Ballard’s Motion to Dismiss was unfortunately granted.

You can read the entire court order below:

Moya.BallardMotion Download