Lawyers Clash Over Evidence in Smartmatic’s Defamation Case Against Newsmax

Attorneys for Smartmatic, a voting machine company, and Newsmax, a cable network, engaged in a heated exchange during a hearing on Monday regarding the evidence and witnesses set to be presented in the upcoming defamation trial. Smartmatic is accusing Newsmax of disseminating numerous false reports asserting that the company played a role in rigging the 2020 presidential election. In response, Newsmax contends that it was merely reporting on claims that were deemed newsworthy.

During the hearing, Howard Cooper, an attorney representing Newsmax, argued that the news channel should have the opportunity to introduce video clips from broadcast segments that he believes contradict Smartmatic’s claims. He stated that these segments would illustrate that Newsmax did not solely adopt a position aligning with former President Donald Trump’s unsubstantiated assertions of widespread election fraud.

Cooper emphasized the importance of demonstrating that Newsmax featured viewpoints that diverged from Trump’s narrative. “One of the ways that we can rebut that theory is by showing shows that were contrary to President Trump’s position,” he said, referring to the former president’s false claims regarding election integrity.

The discussions between the two parties delved into the testimonies of witnesses who would address whether Newsmax reached out to Smartmatic for comments or if their inquiries were directed solely towards Dominion, another voting machine company similarly implicated in defamation claims. Dominion previously settled its own $1.6 billion defamation lawsuit with Fox News for $787 million.

Under oath, Newsmax representatives have indicated that the network did attempt to contact Smartmatic amid its election coverage. An attorney for Newsmax acknowledged that while Dominion and Smartmatic are distinct entities, the relevance of their reporting choices to the case must be recognized. “Some of these Newsmax personnel did get to contact Dominion. It is relevant to the case. It’s relevant to their state of mind,” the attorney noted.

Delaware Superior Court Judge Eric Davis interjected during the hearing, expressing skepticism about the differentiation being drawn. “I’d love for you to make that argument if I’m on the other side. Here is the executive producer of this show, and he doesn’t know the difference between Exxon and Chevron,” he remarked, highlighting the confusion that the case has generated.

As the arguments progressed, they also covered various forms of evidence that both parties wish to include in the trial. The judge underscored the importance of delivering clear and straightforward jury instructions to avoid misunderstandings. A request from Newsmax’s attorneys emerged to depose Smartmatic’s damages expert, with claims that the expert’s evaluations of damages have evolved over time.

“I would only add they were looking for somewhere, and we don’t know yet, between $400 and $600 million in this case,” a Newsmax attorney expressed. He criticized the notion of proceeding to trial without thoroughly examining the current condition of Smartmatic’s damages expert.

However, a Smartmatic attorney responded by stating that Newsmax had already interrogated the damages expert and maintained that “none of the information has changed” since that time. This back-and-forth highlighted the contentious atmosphere surrounding the preparation for the trial.

Judge Davis indicated that he would render a decision on the motions shortly. The trial is set to commence on September 30 in Delaware, with both parties preparing their arguments and evidence as this high-stakes case approaches.