Judge: Newsmax Did Not Target Smartmatic; Details Criminal Allegations, Venezuela Ties (Connecting the Dots: Past Research on Smartmatic, Venezuela, Morton Halperin, Mark Halperin, ONE Campaign, Sidley Austin LLP & Soros Funding, All Networking)
Newsmax
Thursday,
12 September 2024 10:14 PM EDT
https://www.newsmax.com/newsfront/2020-election-smartmatic-newsmax/2024/09/12/id/1180173/
A
lawsuit pitting an electronic voting machine manufacturer that was targeted by
allies of former President Donald Trump against a conservative news outlet that
aired accusations of vote manipulation in the 2020 election appears headed to
trial, following a Delaware judge's ruling Thursday.
Florida-based
Smartmatic is suing Newsmax, claiming the cable network’s hosts
and guests made false and defamatory statements after the election implying
that Smartmatic participated in rigging the results, and that its software was
used to switch votes.
Newsmax,
also based in Florida, argues that it was simply reporting on serious and
newsworthy allegations being made by Trump and his supporters, including former
New York City Mayor Rudy
Guiliani and conservative attorney Sidney Powell.
Attorneys
for both sides asked Superior Court Judge Eric Davis to rule in their favor
without holding a trial, which is scheduled to start Sept. 30. On Thursday,
Davis granted partial summary judgment to each side but said a jury must decide
several key issues.
"Statements
regarding Smartmatic software or voting machines altering the results of the
election are factually false,” wrote Davis, who noted that Smartmatic did not
provide any election machines or software used in the 2020 election outside of
Los Angeles.
However,
the judge said that not every allegedly defamatory statement published by
Newsmax, including statements about Smartmatic’s ties to Venezuela and its late
president Hugo Chavez, has been shown to be materially false.
“Therefore,
the court will allow Newsmax to contest falsity as to Smartmatic’s connections
with Venezuela,” he wrote.
In
court papers, Newsmax has described Smartmatic as “a struggling election
technology company with a checkered history” that is using a legally baseless
and unconstitutional theory of liability to try to obtain a massive windfall.
Last
month, a federal grand
jury in Florida indicted three current and former executives of
Smartmatic in a scheme to pay more than $1 million in bribes to put its voting
machines in the Philippines. Prosecutors allege that Smartmatic’s
Venezuelan-born co-founder, Roger PiƱate, colluded with others to funnel bribes
to the chairman of the Philippines’ electoral commission using a slush fund
created by overcharging for each voting machine it supplied authorities.
In
a favorable ruling for Newsmax, Davis rejected Smartmatic’s claim that the news
outlet acted with “express malice” under Florida law, meaning that its primary
motivation was to injure Smartmatic.
“There
is no evidence that Newsmax acted with evil intent towards Smartmatic,” the
judge wrote.
Davis
previously ruled that Smartmatic is a “limited public figure” for purposes of
defamation and must show that Newsmax acted with “actual malice” by knowingly
and recklessly disregarding the truth. On Thursday, he said actual malice is an
issue for a jury, and that a jury also must decide whether Smartmatic is
entitled to damages.
In
another blow to Smartmatic, Davis said Newsmax can argue that it is protected
from liability under Florida’s “neutral reporting privilege," which
extends to “disinterested and neutral reporting” on matters of public concern.
Newsmax argues that the privilege applies because many of the allegedly
defamatory statements were made by third parties appearing as guests, or were
rebroadcast after being made by third parties on non-Newsmax platforms.
“With
these facts, a reasonable jury could find Newsmax was reporting on a matter of
public concern without endorsing the allegations surrounding the election,” he
wrote, adding that a jury could also find that Newsmax's reporting was not
neutral.
Davis
also said Newsmax could assert a “fair reporting privilege” regarding reporting
by White House correspondent Emerald Robinson about a whistleblower affidavit
filed in a Georgia lawsuit challenging the election results. The affidavit
involved claims by Powell that Smartmatic had colluded with the Venezuelan
government in that country’s 2013 presidential election.
Newsmax
argues that Florida’s fair reporting privilege applies to accurate reporting on
judicial proceedings, including court records, and that Robinson was reporting
on the contents of an affidavit filed in federal court. Smartmatic contends
that the affidavit was not signed or sworn, and therefore not an official
document. Davis said a jury must decide whether the fair reporting privilege
applies to Robinson, who erroneously reported that the affidavit was sworn.
The
Delaware lawsuit, which takes issue with 24 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.
Newsmax
Statement on Court Ruling:
"While
Newsmax is disappointed that any part of Smartmatic’s lawsuit is going to trial
as we believe it is a threat to a free press, we are pleased that the Court
found no evidence that Newsmax acted with evil intent toward
Smartmatic, that Newsmax’s reporting 'was not a "campaign" to defame
Smartmatic' (as Smartmatic alleged), and that the neutral and fair reporting
privileges are available to Newsmax at trial.
The
Court also summarized several public controversies involving Smartmatic,
including its association with the murderous Chavez regime in Venezuela,
allegations of corruption and bribery in the Philippines, and its more recent
history of allegations of corruption that led to a criminal investigation by
the U.S. Department of Justice and resulted in the indictment of three
Smartmatic executives for violation of the Foreign Corrupt Practices Act.
The
DOJ alleged Smartmatic executives engaged in money laundering and allegedly
bribed an election official.
Smartmatic
can hardly claim that Newsmax’s coverage harmed its reputation. This case is
not about the left versus right, but about a free press being allowed to do its
job.”
Connecting
the Dots:
Mark
Malloch-Brown is the CEO for Smartmatic (electronic
voting system used in the United States) and a global board member for
the Open Society Foundations.
George Soros is the founder
& chairman for the Open Society Foundations.
Moises Naim
is a global board member for the Open Society Foundations, a fellow
at the Carnegie Endowment for International Peace (think tank) a
member of the Bretton Woods Committee, was a board member for
the International Crisis Group and a minister of trade and industry
for Venezuela.
Open Society Foundations was a funder for
the Carnegie Endowment for International Peace (think tank).
George Soros is the founder & chairman for the Open
Society Foundations, a member of the Bretton Woods
Committee and a board member for the International Crisis
Group.
Morton H. Halperin is a senior
adviser for the Open Society Foundations, Mark Halperin’s father,
was a senior fellow at the Center for American Progress and a
director at the ONE Campaign.
Open Society Foundations was a funder for
the Center for American Progress.
George Soros is the founder
& chairman for the Open Society Foundations, a supporter for
the Center for American Progress and was the chairman for the Foundation
to Promote Open Society.
Foundation to Promote Open Society was a funder for the International Rescue
Committee.
ONE Campaign is
a partner with the International Rescue Committee.
Harold E.
Ford Jr. was an overseer at the International Rescue Committee and
is a political commentator for MSNBC.
Mark Halperin In
2010, Halperin joined MSNBC, becoming the senior political analyst and a
contributor. is a founding editor for Bloomberg Politics, currently
a host and commentator for Newsmax TV and Morton H.
Halperin’s son.
Bloomberg
Politics is a division of Bloomberg LP.
Michael R.
Bloomberg is the founder of Bloomberg LP, an advocate for
the ONE Campaign and was the New York City Mayor.
ONE Campaign is
a partner with the International Rescue Committee.
Foundation to Promote Open Society was a funder
for the International Rescue Committee and the Center for
American Progress.
George Soros was the chairman for
the Foundation to Promote Open Society, is the founder &
chairman for the Open Society Foundations and a supporter for
the Center for American Progress.
ONE Campaign is
a partner with the International Rescue Committee.
Morton H. Halperin was a director at
the ONE Campaign, a senior fellow at the Center for
American Progress, is Mark Halperin’s father, and a senior
adviser for the Open Society Foundations.
Moises
Naim is a global board member for the Open
Society Foundations and a minister of trade and industry for Venezuela.
Mark Malloch-Brown is a global
board member for the Open Society Foundations and the CEO for Smartmatic (electronic
voting system used in the United States).
Open Society Foundations was a funder for
the Center for American Progress.
George Soros is the founder
& chairman for the Open Society Foundations, was the chairman
for the Foundation to Promote Open Society and a supporter for
the Center for American Progress.
Foundation to Promote Open Society was a funder for the Center
for American Progress and the International Rescue Committee.
ONE Campaign is
a partner with the International Rescue Committee.
Madeleine K.
Albright is a director at the Center
for American Progress, an overseer at the International Rescue
Committee, an advisory board member for the Truman Center for
National Policy, an advisory board member for the Truman National
Security Project and was a director at the Center for a New
American Security.
R. Hunter Biden is
a director at the Center for National Policy, a director at
the Truman National Security Project and Joseph R.
Biden Jr’s son.
Kamala D. Harris is
an advisory board member for the Center for National Policy, an
advisory board member for the Truman National Security Project, the
vice president for the Joe Biden administration and the 2024 presidential
candidate for the Democratic Party.
Joseph R. Biden Jr. is Hunter
Biden’s father, a regent at the Smithsonian
Institution, the president for the Joe Biden Administration and spent Thanksgiving with David Rubenstein.
David M.
Rubenstein spent Thanksgiving with Joe Biden, is a regent
at the Smithsonian Institution and the co-chairman for the Brookings
Institution (think tank).
Foundation to Promote Open Society was a funder for
the Brookings Institution (think tank).
George Soros was the chairman
for the Foundation to Promote Open Society.
Cameron F. Kerry is
a fellow at the Brookings Institution (think tank), John F.
Kerry’s brother and a senior counsel at Sidley Austin LLP.
James David Vance worked at Sidley Austin LLP and is Donald
Trump's running mate for VP.
Barack Obama was
an intern at Sidley Austin LLP.
Michelle Obama was
a lawyer at Sidley Austin LLP and an advocate for the ONE
Campaign.
ONE Campaign is
a partner with the International Rescue Committee.
Morton H. Halperin
was a director at the ONE Campaign, is Mark Halperin’s father
and a senior adviser for the Open Society Foundations.
Moises Naim
is a global board member for the Open Society Foundations and a
minister of trade and industry for Venezuela.
Mark
Malloch-Brown is a global board member for the Open Society
Foundations and the CEO for Smartmatic (electronic voting
system used in the United States).
Resources:
Past Research
Smaller
Bites - Newsmax Drops Journalist Lara Logan Over Immigration Remarks
(Connecting the Dots: Newsmax, MSNBC, Mark Halperin, Morton H. Halperin &
Soros Funded Foundation’s Think Tanks, All Networking) (Past Research on Mark Halperin, Morton H. Halperin)
Saturday,
October 22, 2022
https://thesteadydrip.blogspot.com/2022/10/smaller-bites-newsmax-drops-journalist.html
MSNBC
Host Threatens to Quit After Show Pulled (Connecting the Dots: MSNBC, Mika
Brzezinski, Morning Joe, Zbigniew Brzezinski, Kimberly Cheatle, U.S. Secret
Service, PepsiCo & Soros Funding, All Networking) (Past
Research on MSNBC)
Tuesday,
July 16, 2024
https://thesteadydrip.blogspot.com/2024/07/msnbc-host-threatens-to-quit-after-show.html
Smaller
Bites – Smartmatic (Connecting the Dots: Smartmatic Voting Machines And The
Connection To Soros) (Past Research on Smartmatic)
Wednesday,
October 19, 2022
https://thesteadydrip.blogspot.com/2022/10/smaller-bites-smartmatic-connecting.html
Venezuela, Colombia Border
Areas Hopeful as Reopening Looms (Connecting the Dots: Venezuela, Colombia
& Soros Funded Think Tanks) (Past Research on Venezuela)
Monday,
August 22, 2022
https://thesteadydrip.blogspot.com/2022/08/venezuela-colombia-border-areas-hopeful.html
Mass
Shooting Outside Las Vegas’ Mandalay Bay; 50+ Dead, 406 Sent to Hospital (Past Research on the ONE Campaign)
Monday,
October 2, 2017
https://thesteadydrip.blogspot.com/2017/10/mass-shooting-outside-las-vegas.html
Game
Change: The Massive Conflict of Interest In Bloomberg Politics’ Attack On ‘Duck
Dynasty’ (Past Research on Mark Halperin & Bloomberg
Politics)
Tuesday,
May 5, 2015
https://thesteadydrip.blogspot.com/2015/05/game-change-massive-conflict-of.html
Report:
Hunter Biden Has Joined Dad's WH Meetings (Connecting the Dots: Hunter Biden,
Joe Biden, Kamala Harris, The Truman National Security Project, The Whitehouse
Project, Smithsonian Institution, Russia, China, Ukraine & Soros Funding,
All Networking) (Past Research on the Truman
National Security Project)
Thursday,
July 4, 2024
https://thesteadydrip.blogspot.com/2024/07/report-hunter-biden-has-joined-dads-wh.html
Hours
After John Kerry Demands Green Transition Accelerated – His Emissions Closet
Swings Wide Open (Connecting the Dots: Cameron Kerry, John Kerry, Teresa Heinz
Kerry, Soros, the Climate Reality Project, the Brookings Institution (think
tank), the EPA and onto the FDA, Pfizer & Johnson & Johnson. It’s the
Network That Never Ends. One Project (Climate Change) Just bleeds into the Next
(Covid Project)) (Past Research on Cameron Kerry)
Thursday,
July 21, 2022
https://thesteadydrip.blogspot.com/2022/07/hours-after-john-kerry-demands-green.html
J.
D. Vance (Connecting the Dots: J.D. Vance, Sidley Austin LLP, Obama, CNN,
Kimberly Cheatle, U.S. Secret Service, PepsiCo, U.S. Secret Service, Pence,
FBI, Merrick Garland, Alejandro Mayorkas, O'Melveny & Myers LLP & Soros
Funding, All Networking) (Past Research on J.D.
Vance & Sidley Austin LLP)
Monday,
July 15, 2024
https://thesteadydrip.blogspot.com/2024/07/j-d-vance-connecting-dots-jd-vance.html
