Delaware Judge Defines Trial Parameters for Smartmatic vs. Newsmax Case

A defamation lawsuit involving electronic voting machine manufacturer Smartmatic and conservative news outlet Newsmax is moving closer to trial. The case arises from accusations made by supporters of former President Donald Trump, who allege that Smartmatic was involved in manipulating the 2020 election results.

Judge Eric Davis, presiding over the case, has set several pretrial directives as the trial date approaches on September 26. The judge has instructed both parties to narrow their lists of potential witnesses in preparation for the jury selection process, which could last as long as four weeks.

Smartmatic contends that hosts and guests of Newsmax made false and defamatory statements during November and December of 2020. These statements suggested that Smartmatic played a role in rigging election outcomes and that its software was involved in switching votes.

Newsmax, on the other hand, defends itself by stating that it was merely reporting on serious allegations presented by Trump and his allies, which included notable figures like former New York City Mayor Rudy Giuliani and attorney Sidney Powell.

During a lengthy pretrial conference, Judge Davis addressed various motions from both sides aimed at limiting or excluding specific evidence. One of the significant decisions was the judge’s approval of Smartmatic’s request to limit evidence related to a federal criminal investigation. This investigation led to recent indictments against three current and former Smartmatic executives, who are accused of engaging in a bribery scheme exceeding $1 million to secure contracts for Smartmatic voting machines in the Philippines.

Newsmax argued that this investigation should be brought before jurors as a potential alternative explanation for any damage Smartmatic claims occurred due to the accusations made by Newsmax. Newsmax attorney Howard Cooper questioned how any government official would continue engaging with a company under indictment, insinuating that Smartmatic’s claims of reputational loss were inflated.

Initially estimating damages at $1.7 billion, Smartmatic has since revised that figure to approximately $370 million, according to statements made during the conference.

Judge Davis denied a motion from Smartmatic that sought to prevent Newsmax from referencing witnesses who have invoked their Fifth Amendment rights against self-incrimination. He indicated that this topic would be evaluated on a case-by-case basis during the trial.

In another ruling favoring Smartmatic, Judge Davis declared that Newsmax cannot cite statements made by other media outlets regarding the 2020 election as a means of defending its actions. Additionally, non-expert testimonies associated with the First Amendment scope will not be permitted in court.

However, in a ruling favorable to Newsmax, the judge stated that Smartmatic could not imply any wrongdoing on the part of Newsmax based on changes made by the company in January 2021, following notification of the allegedly defamatory comments. Similarly, references to disciplinary investigations involving Powell and Giuliani may not be admitted as evidence.

Judge Davis expressed skepticism regarding the notion that Newsmax played any role in the events of January 6, 2021, when Trump supporters stormed the U.S. Capitol, labeling the suggestion as inflammatory.

Regarding Smartmatic’s intentions to demonstrate that Newsmax breached journalism standards, the judge remarked that such claims would necessitate expert witness testimony unless Smartmatic could show that specific Newsmax officials had been notified of relevant guidelines yet chose to disregard them.

As the trial approaches, Davis indicated that he will scrutinize the allegedly defamatory statements made by Newsmax to discern whether they fall under opinion, speculation, or factual assertions. “If it’s just opinion, I may take it away from the jury,” he remarked, expressing concerns that not all statements will withstand legal scrutiny.

This lawsuit is one of several initiated by Smartmatic against conservative media outlets following the 2020 election. It is also noteworthy that Smartmatic is pursuing a separate defamation lawsuit against Fox News in New York. Recently, the company settled a related lawsuit against the One America News Network in Washington, D.C.

Dominion Voting Systems has also taken legal action to address defamation claims associated with conspiracy theories alleging misconduct related to its voting equipment post-election. In a notable case presided over by Judge Davis, Fox News reached a $787 million settlement with Dominion last year.

On Monday, Davis granted a motion from Newsmax to exclude any references to the Fox-Dominion settlement, highlighting that Smartmatic did not contest this motion.