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Smartmatic sends 'cease and desist' letters, demands retractions from Fox News, OAN and Newsmax

essentialsaltes

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Judge lets Smartmatic expand 2020 election defamation suit against Newsmax

A Delaware judge on Wednesday rejected Newsmax’s attempt to throw out part of a defamation case brought by the election technology company Smartmatic against the right-wing network. The company later updated its lawsuit to add 26 additional examples of alleged defamation, claiming it found the new material during the discovery process, when Newsmax turned over “hundreds of hours” of broadcasts. [The judge has agreed to add these to the suit.]
 
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Judge lets Smartmatic expand 2020 election defamation suit against Newsmax

A Delaware judge on Wednesday rejected Newsmax’s attempt to throw out part of a defamation case brought by the election technology company Smartmatic against the right-wing network. The company later updated its lawsuit to add 26 additional examples of alleged defamation, claiming it found the new material during the discovery process, when Newsmax turned over “hundreds of hours” of broadcasts. [The judge has agreed to add these to the suit.]
That’s nice.
 
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essentialsaltes

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Judge shuts down Fox bid to subpoena George Soros in Smartmatic case

The documentation, Fox argued, would establish a connection between George Soros and Smartmatic. But Fox’s documentation was irrelevant, the judge said, adding that the matter was peripheral.

[Namely, Smartmatic is suing primarily because Fox said they rigged the election, not because Fox said Soros had a hand in it.]
 
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essentialsaltes

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Pro-Trump network OAN execs may have ‘engaged in criminal activities’ while promoting 2020 election lies, Smartmatic alleges


In the wake of the 2020 election, the president of the far-right network One America News sent a potentially explosive email to former Trump campaign lawyer Sidney Powell, with a spreadsheet claiming to contain passwords of employees from the voting technology company Smartmatic, according to court filings.

The existence of the spreadsheet was recently [end of January] disclosed by Smartmatic, which is suing OAN for defamation.
 
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essentialsaltes

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Discipline case against Dallas 'Kraken' lawyer loses appeal

An appeals court has ruled that State Bar of Texas filing errors are enough to derail a discipline investigation of Sidney Powell.

The decision, issued Wednesday by a three-judge panel in Dallas, cites clerical errors in legal filings by lawyers for the State Bar of Texas Commission for Lawyer Discipline in its case against Powell, who has denied wrongdoing.

In February 2023, Judge Andrea Bouressa, a Collin County judge appointed to hear the case which was filed in Dallas, also dismissed the State Bar’s case based on the same paperwork errors.

Looks like we could make a pretty long list of Texans who deserve to lose their ability to practice law.
 
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essentialsaltes

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Judge lets Smartmatic expand 2020 election defamation suit against Newsmax

A Delaware judge on Wednesday rejected Newsmax’s attempt to throw out part of a defamation case brought by the election technology company Smartmatic against the right-wing network. The company later updated its lawsuit to add 26 additional examples of alleged defamation, claiming it found the new material during the discovery process, when Newsmax turned over “hundreds of hours” of broadcasts. [The judge has agreed to add these to the suit.]

Voting machine firm Smartmatic alleges Newsmax has deleted evidence in lawsuit over false vote-rigging claims

Smartmatic is suing Fox News, Newsmax, Rudy Giuliani and others over false claims of vote-rigging and fraud in the 2020 election.

Lawyers for Florida-based Smartmatic allege that Newsmax engaged in a “cover-up” by destroying texts and emails of key executives that would demonstrate the network’s knowledge that voting fraud claims being pushed by former President Donald Trump and his allies were untrue. Smartmatic says the deletions occurred after Newsmax had received notice to preserve evidence for the pending suit.

The new filing refers to specific text messages in which Newsmax CEO Chris Ruddy referred to Trump’s attorney Sidney Powell, which Smartmatic says were deleted from Ruddy's devices but saved by other witnesses and provided to the plaintiffs during discovery.

In a statement, Newsmax said it "categorically" denies the allegations.
 
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[Sep 26] Newsmax has settled a defamation lawsuit from voting machine company Smartmatic over the right-wing network’s false reporting on fraud claims in the 2020 presidential election.

A deal was reached Thursday as the two sides were headed for trial in a Delaware court where jury selection was scheduled to begin.

Smartmatic has a similar $2.7-billion defamation suit against Fox News that could go to trial in New York next year.
 
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Newsmax Posts New Statement On Smartmatic, Acknowledges That Court Found Election Rigging Claims Untrue

In a statement posted on Saturday, Newsmax said that it “has resolved the litigation brought by Smartmatic through a confidential settlement. Newsmax acknowledges that the Court found that ‘allegations regarding whether the [2020 U.S. presidential election] and its results were somehow altered or manipulated by Smartmatic are factually false/untrue.'”

“Newsmax reiterates its statement of December 2020 that made clear that there is no evidence that Smartmatic machines or software altered the votes in the 2020 U.S. presidential election and that Smartmatic is a U.S. company and not owned by the Venezuelan government, or any foreign official or entity.”
 
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Fox News headed for trial, again, over 2020 election fraud claims

In April 2023, on the eve of a trial in Delaware in which Fox founder Rupert Murdoch was set to testify, the network and its parent corporation agreed to pay $787.5 million to settle a defamation suit filed by Dominion Voting Systems.

[Now it's Smartmatic's turn.]

"Today, the New York Supreme Court rebuffed Fox Corporation's latest attempt to escape responsibility for the defamation campaign it orchestrated against Smartmatic following the 2020 election," Smartmatic's lead attorney, Erik Connolly, said in a statement. "Fox Corporation attempted, and failed, to have this case dismissed, and it must now answer for its actions at trial. Smartmatic is seeking several billion in damages for the defamation campaign that Fox News and Fox Corporation are responsible for executing. We look forward to presenting our evidence at trial."

Fox settled, as it has in many other cases, before opening arguments of the trial with Dominion. It maintains it will fight the allegations Smartmatic is making in court.
 
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Fox News headed for trial, again, over 2020 election fraud claims

In April 2023, on the eve of a trial in Delaware in which Fox founder Rupert Murdoch was set to testify, the network and its parent corporation agreed to pay $787.5 million to settle a defamation suit filed by Dominion Voting Systems.

[Now it's Smartmatic's turn.]

"Today, the New York Supreme Court rebuffed Fox Corporation's latest attempt to escape responsibility for the defamation campaign it orchestrated against Smartmatic following the 2020 election," Smartmatic's lead attorney, Erik Connolly, said in a statement. "Fox Corporation attempted, and failed, to have this case dismissed, and it must now answer for its actions at trial. Smartmatic is seeking several billion in damages for the defamation campaign that Fox News and Fox Corporation are responsible for executing. We look forward to presenting our evidence at trial."

Fox settled, as it has in many other cases, before opening arguments of the trial with Dominion. It maintains it will fight the allegations Smartmatic is making in court.
Sure Fox will fight…to move it to the Federal Courts, (Rupe “knows a guy”).
 
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essentialsaltes

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In April 2023, on the eve of a trial in Delaware in which Fox founder Rupert Murdoch was set to testify, the network and its parent corporation agreed to pay $787.5 million to settle a defamation suit filed by Dominion Voting Systems.

[Now it's Smartmatic's turn.]
From a Smartmatic filing

And there is both direct and circumstantial evidence that Fox executives and showrunners doubted the veracity of Giuliani and Powell and their incredible claims. Fox whitewashes the record by omitting all mention of the words its employees actually used to describe the claims they put on air and their sources: “crazy,” “really crazy,” “[doggone] crazy,” “[t]ons of crazy,” “so [doggone] cray,” “[bovineexcrement],” “[b.e.],” “bonkers,” “kooky,” “wacky,” “bananas,” “more than fantastical,” “comic book stuff,” “insane,” “INCORRECT,” “conspiracy theories,” “ridiculous conspiracy theories,” “a complete nut,” “a bit nuts,” “so nuts,” “totally nuts,” and “just MINDBLOWINGLY NUTS.”
 
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Smartmatic sues Mike Lindell for defamation, saying he is 'crazy like a fox' and alleging he 'intentionally stoked the fires of xenophobia and party divide for the noble purpose of selling his pillows'

Lindell told Insider that he was "excited" about the Smartmatic lawsuit because it would allow him to present evidence that he says he has on the company. "They're guilty. They've attacked us and were part of the biggest crime in history against our country. And they're going to all go to prison," Lindell told Insider when asked for comment about Smartmatic's lawsuit against him.

Smartmatic Wins Defamation Ruling Against MyPillow’s Lindell

There is “simply no evidence” in the record presented to support a finding that Smartmatic designed its computer-based devices to manipulate ballots or that Smartmatic machines have been used to do so in other countries, Judge Jeffrey M. Bryan of the US District Court for District of Minnesota said on Sept. 26.

“To the contrary, the only evidence in the record concerning design shows that Smartmatic has not designed any of its election technology to manipulate ballots or steal elections,” Bryan said. The judge granted Smartmatic’s motion for partial summary judgment, and for injunctive relief under the Minnesota Deceptive Trade Practices Act, leaving aside for trial the issues of malice and damages. The company must file its proposed order for permanent injunctive relief by Dec. 1.

Yet none of this [i.e. all the evidence in reality land] stopped Lindell from claiming in four documentaries—the first of which was called Absolute Proof: Exposing Election Fraud and the Theft of America by Enemies Foreign and Domestic, that voting machines changed Trump votes to Biden votes. Lindell also appeared on at least 12 shows via radio, television and podcast to promote those documentaries, Bryan said.
 
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5 eye-popping revelations in newly released filing of Smartmatic's case against Fox News

Breathless headline, but...

First, according to the document, new details include claims by media mogul Rupert Murdoch, the founder of Fox's parent company, News Corp. In a March 27, 2024, court hearing, Murdoch stated that he didn't know how to send text messages during the 2020 election.

The direct quote is that Murdoch said he “didn’t know how to text at the time and he was later taught to do so by someone." The problem, Smartmatic's filing shows, is that there are text messages between Murdoch and other Fox employees, including host Sean Hannity and Fox CEO Suzanne Scott.

Murdoch was in a group text with Scott, Hannity, and his son, Lachlan Murdoch. The younger turned over the text messages on his phone that included the group text, though his father, Scott and Hannity did not have those messages on their phones.

Murdoch isn't the only one; top Fox officials ignored legal requirements to preserve documents, even when asked to do so.

“[Lauren Petterson] testified that Fox’s legal department instructed her to change the autodelete setting [on her phone] [from never] to 30 days," the filing says.

Hannity said that his attorneys told him to preserve all of his documents in December of 2020, but he continued to delete his texts manually every day.

Another host, Laura Ingraham, also suddenly didn't have any text messages from the "as-ordered time period." According to her testimony, Igraham "do[esn't] know when [her text messages] got deleted from [her] phone."
 
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