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Smartmatic, Newsmax reach settlement in 2020 election defamation case

September 26, 2024
in Missleading
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Wilmington, Delaware — A settlement has been reached in a defamation lawsuit pitting an electronic voting machine manufacturer targeted by allies of former President Donald Trump against a conservative news outlet that aired accusations of vote manipulation in the 2020 election.

Newsmax on Thursday confirmed a deal had been reached but further details were not disclosed. The outlet said it was “pleased” to announce that it resolved the lawsuit brought by Smartmatic through a “confidential” settlement, and said more details would follow.

Smartmatic, the voting machine company, has claimed that Newsmax program hosts and guests made false and defamatory statements in November and December 2020 implying that Smartmatic participated in rigging the results and that its software was used to switch votes.

Newsmax argued that it was simply reporting on newsworthy allegations being made by Trump and his supporters, including former New York City Mayor Rudy Giuliani and conservative attorney Sidney Powell. Giuliani has since been disbarred from practicing law in New York and the District of Columbia, and has been charged by local prosecutors in Arizona and Georgia over efforts to reverse the outcome of the 2020 election. He pleaded not guilty to charges in both cases.

Powell was also charged in Georgia, but pleaded guilty to six misdemeanor counts after reaching a deal with prosecutors.

The Delaware lawsuit, which takes issue with Newsmax reports over a five-week period in late 2020, is one of several stemming from reports by conservative news outlets following the election.

Smartmatic also is suing Fox News for defamation in New York and recently settled a lawsuit in the District of Columbia against the One America News Network, another conservative outlet.

Dominion Voting Systems similarly filed several defamation lawsuits against those who spread conspiracy theories blaming its election equipment for Trump’s loss. Last year, in a case presided over by Davis, Fox News settled with Dominion for $787 million. In the wake of the agreement, Fox News announced one of its most-watched anchors, Tucker Carlson, would be departing the network.

Carlson was a key figure in Dominion’s case, and his messages were among those that were made public during the litigation. The voting systems company had claimed 20 defamatory statements, many made by Powell and Giuliani, aired on Fox News shows, including Carlson’s.

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