Trial Set for September 26, Jury Selection Begins
A Delaware judge presiding over a defamation lawsuit brought by electronic voting machine manufacturer Smartmatic against conservative news outlet Newsmax has established several key parameters for the trial. Superior Court Judge Eric Davis, overseeing the case, instructed both parties to narrow down their list of potential witnesses ahead of the trial, which will commence with jury selection on September 26 and could last up to four weeks.
Claims of Defamation Over 2020 Election Reports
Smartmatic alleges that Newsmax hosts and guests made false statements on air in late 2020, implying that Smartmatic was involved in rigging the presidential election and switching votes. Newsmax, based in Florida like Smartmatic, argues that it was merely reporting on serious allegations being made by former President Donald Trump’s allies, such as Rudy Giuliani and Sidney Powell.
Pretrial Motions and Rulings
During Monday’s pretrial conference, Judge Davis considered several motions aimed at limiting the evidence that either side could present. One key issue involved a federal criminal investigation into three current and former Smartmatic executives, who were indicted in August 2023 for allegedly paying bribes to install Smartmatic voting machines in the Philippines. Newsmax argued this information should be presented at trial to provide an alternative explanation for any reputational damage suffered by Smartmatic. However, Judge Davis only narrowly granted Smartmatic’s motion to limit this evidence.
Newsmax attorney Howard Cooper questioned Smartmatic’s damage claims, which were initially pegged at $1.7 billion but have since been reduced to around $370 million. Cooper claimed the damages were based on arbitrary figures calculated by Smartmatic executives.
Limiting Evidence and Witness Testimony
Judge Davis ruled in favor of Smartmatic on a key point, barring Newsmax from defending itself by pointing to similar reports made by other media outlets during the same period. Additionally, the judge decided that testimony regarding First Amendment protections would be limited to expert witnesses.
However, in a ruling favoring Newsmax, the judge prohibited Smartmatic from suggesting that internal policy changes made by Newsmax in January 2021 were evidence of prior wrongdoing. The court also may exclude references to attorney disciplinary investigations involving Trump allies Giuliani and Powell.
Smartmatic vs. Newsmax: Part of a Larger Legal Battle
Smartmatic’s lawsuit is part of a broader wave of litigation related to false claims of election fraud following the 2020 presidential election. In addition to suing Newsmax, Smartmatic has also filed defamation claims against Fox News and recently settled a case with One America News Network (OANN).
This trial follows a similar high-profile case in which Dominion Voting Systems sued Fox News over election conspiracy theories. In that lawsuit, Fox News agreed to a $787 million settlement with Dominion. Newsmax, however, continues to fight its legal battles as jury selection approaches for the Smartmatic trial.
