The Steady Drip: Judge: Newsmax Did Not Target Smartmatic; Details Criminal Allegations, Venezuela Ties (Connecting the Dots: Voting Machine Smartmatic, Venezuela, The Philippines, Fox News, Newsmax, Mark Halperin, Morton H. Halperin & The Carnegie/Soros Network)

Judge: Newsmax Did Not Target Smartmatic; Details Criminal Allegations, Venezuela Ties (Connecting the Dots: Voting Machine Smartmatic, Venezuela, The Philippines, Fox News, Newsmax, Mark Halperin, Morton H. Halperin & The Carnegie/Soros Network)

Newsmax.com

Thursday, 12 September 2024 10:14 PM EDT

Picture of the logo of Smartmatic, the firm that supplies voting technology, seen on a sliding door at the headquarters of the company in 2017. (Getty Images)

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 Piñate, 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, a member of the Bretton Woods Committee and a board member for the International Crisis Group.

Fidel V. Ramos was a board member for the International Crisis Group and the president for the Philippines.

Moises Naim is a global board member for the Open Society Foundations, a member of the Bretton Woods Committee, a board member for the International Crisis Group, a Distinguished fellow at the Carnegie Endowment for International Peace (think tank) and a minister of trade and industry for Venezuela.

Andrew Carnegie was the founder of the Carnegie Endowment for International Peace (think tank) and the founder of the Carnegie Corporation of New York.

Carnegie Corporation of New York was a funder for the Carnegie Endowment for International Peace (think tank), the Center for American Progress and a supporter for the American Society for Muslim Advancement.

Ted Lieu was honored with the Carnegie Corporation of New York's Great Immigrants Award, has represented California's 36th congressional district in the United States House of Representatives since 2023 and is a member of the Congressional Progressive Caucus.

Astrid S. Tuminez was a program officer at the Carnegie Corporation of New York and is the 7th President of the Utah Valley University (Charlie Kirk Shooting).

Andrew Carnegie was the founder of the Carnegie Endowment for International Peace (think tank), the Center for American Progress and the founder of the Carnegie Corporation of New York.

Open Society Foundations was a funder for the Carnegie Endowment for International Peace (think tank) and 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 Carnegie Endowment for International Peace (think tank) and the Center for American Progress.

Morton H. Halperin was served with the Carnegie Endowment for International Peace (think tank), a senior fellow at the Center for American Progress, is a senior adviser for the Open Society Foundations, Mark Halperin’s father and a director at the ONE Campaign.

International Rescue Committee is a partner with the ONE Campaign.

Foundation to Promote Open Society was a funder for the International Rescue Committee.

George Soros was the chairman for the Foundation to Promote Open Society.

International Rescue Committee is a partner with the ONE Campaign.

Harold E. Ford Jr. was an overseer at the International Rescue Committee and is a political commentator at MSNBC.

Mark Halperin In 2010, Halperin joined MSNBC, becoming the senior political analyst and a contributor, the founding editor for Bloomberg Politics, Morton H. Halperin’s son and is currently a host and commentator for Newsmax TV.

Bloomberg Politics is a division of Bloomberg LP.

Michael R. Bloomberg is the founder of Bloomberg LP and an advocate for the ONE Campaign.

Michelle Obama was an advocate for the ONE Campaign.

International Rescue Committee is a partner with the ONE Campaign.

Foundation to Promote Open Society was a funder for the International Rescue Committee, Media Matters and the and the Human Rights Watch.

George Soros was the chairman for the Foundation to Promote Open Society, a benefactor for the Human Rights Watch and is the founder & chairman for the Open Society Foundations.

Open Society Foundations was a funder for the Human Rights Watch and the Atlantic Council of the United States (think tank).

Media Matters monitors Fox News.

John J. Studzinski is a director at the Human Rights Watch, a director at the Atlantic Council of the United States (think tank) and a papal knighthood knight.

Carnegie Corporation of New York was a funder for the Atlantic Council of the United States (think tank) and a supporter for the American Society for Muslim Advancement.

Stuart E. Eizenstat is a director at the Atlantic Council of the United States (think tank) and a lobbyist for the Philippines.

papal knighthood is an honor conferred by pope for the Roman Catholic Church.

K. Rupert Murdoch is a papal knighthood knight, his biography title is The Man Who Owns the News and the chairman for News Corp.

Fox Broadcasting Company is a subsidiary of News Corp.

Fox News is a division of the Fox Broadcasting Company.

papal knighthood is an honor conferred by pope for the Roman Catholic Church.

Raymond L. Burke is a cardinal for the Roman Catholic Church and the top judge for the Vatican.

Vatican Bank is the bank for the Vatican.

Carl A. Anderson is a board member for the Vatican Bank, the supreme knight for the Knights of Columbus, a trustee at the Catholic University of America and was an advisory board member for the Wheelchair Foundation.

Mikhail Gorbachev was an advisory board member for the Wheelchair Foundation, was general secretary for the Communist Party of the Soviet Union and the president of the Union of Soviet Socialist Republics (USSR).

Anna Eleanor Roosevelt is an advisory board member for the Wheelchair Foundation and the chair for the Roosevelt Institute.

Jonathan Soros is a senior fellow at the Roosevelt Institute, George Soros’s son and was the vice chairman for the Foundation to Promote Open Society.

George Soros is Jonathan Soros’s father, the founder & chairman for the Open Society Foundations and was the chairman for the Foundation to Promote Open Society.

Foundation to Promote Open Society was a funder for the Roosevelt Institute

Open Society Foundations was a funder for the Catholic Relief Services.

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).

Andrew Carnegie was the founder of the Carnegie Endowment for International Peace (think tank) and the founder of the Carnegie Corporation of New York.

Astrid S. Tuminez was a program officer at the Carnegie Corporation of New York and is the 7th President of the Utah Valley University (Charlie Kirk Shooting).

Andrew Carnegie was the founder of the Carnegie Endowment for International Peace (think tank), the Center for American Progress and the founder of the Carnegie Corporation of New York.

Open Society Foundations was a funder for the Carnegie Endowment for International Peace (think tank) and the Center for American Progress.

Foundation to Promote Open Society was a funder for the Carnegie Endowment for International Peace (think tank) and the Center for American Progress.

International Rescue Committee is a partner with the ONE Campaign.

Foundation to Promote Open Society was a funder for the International Rescue Committee.

George Soros was the chairman for the Foundation to Promote Open Society.

International Rescue Committee is a partner with the ONE Campaign.

Harold E. Ford Jr. was an overseer at the International Rescue Committee and is a political commentator at MSNBC.

Bloomberg Politics is a division of Bloomberg LP.

Michael R. Bloomberg is the founder of Bloomberg LP and an advocate for the ONE Campaign.

Michelle Obama was an advocate for the ONE Campaign.

International Rescue Committee is a partner with the ONE Campaign.

Foundation to Promote Open Society was a funder for the International Rescue Committee, Media Matters and the and the Human Rights Watch.

George Soros was the chairman for the Foundation to Promote Open Society, a benefactor for the Human Rights Watch and is the founder & chairman for the Open Society Foundations.

Open Society Foundations was a funder for the Human Rights Watch and the Atlantic Council of the United States (think tank).

Media Matters monitors Fox News.
John J. Studzinski is a director at the Human Rights Watch, a director at the Atlantic Council of the United States (think tank), and a papal knighthood knight.

K. Rupert Murdoch is a papal knighthood knight, his biography title is The Man Who Owns the News and the chairman for News Corp.

Rotana Group is an investor in News Corp.

Alwaleed bin Talal is the chairman for the Rotana Group, a stockholder for News Corp., the Saudi Arabia prince, the benefactor for the Prince Alwaleed Bin Talal Center for Muslim-Christian Understanding and the founder of the Alwaleed Bin Talal Foundation.

Prince Alwaleed Bin Talal Center for Muslim-Christian Understanding was a center at Georgetown University.

Madeleine K. Albright was a professor at Georgetown University and an honorary director at the Atlantic Council of the United States (think tank).

Anthony Lake is a professor at Georgetown University and was a director at the Atlantic Council of the United States (think tank).

Chuck Hagel was a professor at Georgetown University, the Defense secretary for the Barack Obama administration and the chairman for the Atlantic Council of the United States (think tank).

James L. Jones Jr. was a men's basketball team forward at Georgetown University, a national security adviser for the Barack Obama administration and a director at the Atlantic Council of the United States (think tank).

Stuart E. Eizenstat is a director at the Atlantic Council of the United States (think tank) and a lobbyist for the Philippines.

Carnegie Corporation of New York was a funder the Atlantic Council of the United States (think tank) and a supporter for the American Society for Muslim Advancement.

Andrew Carnegie was the founder of the Carnegie Corporation of New York.

Alwaleed Bin Talal Foundation was a funder for the Muslim Leaders of Tomorrow.

Muslim Leaders of Tomorrow is the sponsor for the American Society for Muslim Advancement.

Daisy Khan is an executive director at the American Society for Muslim Advancement, a developer for Park51 and was a director at the White House Project.
Park51

https://en.wikipedia.org/wiki/Park51

Park51 (originally named Cordoba House[6]) is to be a 13-story Islamic community center in Lower Manhattan including a "Muslim community center and a mosque."[7] The developers hoped to promote an interfaith dialogue within the greater community.[7] Due to its proposed location two blocks from the World Trade Center site,[8][9] it was widely and controversially referred to as the "Ground Zero mosque".

Gara LaMarche was an associate director for the Human Rights Watch, a director at the White House Project, a VP & director of U.S. programs for the Open Society Foundations, is a director at the Open Society Policy Center, and a director at the Roosevelt Institute.

Jonathan Soros is a global board member for the Open Society Foundations, a director at the Open Society Policy Center, a senior fellow at the Roosevelt Institute and George Soros’s son.

George Soros is the founder & chairman for the Open Society Foundations, Jonathan Soros’s father, was the chairman for the Foundation to Promote Open Society and a benefactor for the Human Rights Watch.

Foundation to Promote Open Society was a funder for the Human Rights Watch and the Roosevelt Institute.

Anna Eleanor Roosevelt is the chair for the Roosevelt Institute and an advisory board member for the Wheelchair Foundation.

Mikhail Gorbachev was an advisory board member for the Wheelchair Foundation, was general secretary for the Communist Party of the Soviet Union, the president of the Union of Soviet Socialist Republics (USSR) and the founder for the Green Cross International.

Global Green USA is the US affiliate for Green Cross International.

Ted Turner was an honorary board member for Green Cross International, the founder of CNN and a co-chairman for the Nuclear Threat Initiative (think tank).

Carnegie Corporation of New York was a funder the Nuclear Threat Initiative (think tank), the Carnegie Endowment for International Peace (think tank) and a supporter for the American Society for Muslim Advancement.

Andrew Carnegie was the founder of the Carnegie Corporation of New York.

Carnegie Endowment for International Peace (think tank) was a funder for the Nuclear Threat Initiative (think tank).

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 friend of Michael Douglas and was the chairman for the Foundation to Promote Open Society.

Foundation to Promote Open Society was a funder for the Carnegie Endowment for International Peace (think tank).

Michael Douglas is a friend of George Soros and a director at the Nuclear Threat Initiative (think tank).

Carnegie Endowment for International Peace (think tank) was a funder for the Nuclear Threat Initiative (think tank).

Warren E. Buffett is an adviser at the Nuclear Threat Initiative (think tank) and Howard G. Buffett & Susan A. Buffett’s father.

Howard G. Buffett is Warren E. Buffett’s son and a director at the ONE Campaign.

Susan A. Buffett is Warren E. Buffett’s daughter and a director at the ONE Campaign.

Michelle Obama was an advocate for the ONE Campaign.

International Rescue Committee is a partner with the ONE Campaign.

Foundation to Promote Open Society was a funder for the International Rescue Committee.

George Soros was the chairman for the Foundation to Promote Open Society.

International Rescue Committee is a partner with the ONE Campaign.

Harold E. Ford Jr. was an overseer at the International Rescue Committee and is a political commentator at MSNBC.

Bloomberg Politics is a division of Bloomberg LP.

Michael R. Bloomberg is the founder of Bloomberg LP and an advocate for the ONE Campaign.

Morton H. Halperin is a director at the ONE Campaign, Mark Halperin’s father and a senior adviser for the Open Society Foundations.

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).

Moises Naim is a global board member for the Open Society Foundations and a minister of trade and industry for Venezuela.

George Soros is the founder & chairman for the Open Society Foundations, a board member for the International Crisis Group and was the chairman for the Foundation to Promote Open Society.

Foundation to Promote Open Society was a funder for Media Matters.

Fidel V. Ramos was a board member for the International Crisis Group and the president for the Philippines.

Media Matters monitors Fox News.

Resources: Past Research

US prosecutors charge Smartmatic in alleged $1M Philippines bribery case (Connecting the Dots: Argentina, Venezuela, Philippines, Open Society Foundations, Smartmatic & Soros Funding, All Networking) (Past Research on Philippines, Venezuela & Smartmatic)

Friday, October 24, 2025

https://thesteadydrip.blogspot.com/2025/10/us-prosecutors-charge-smartmatic-in.html

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) (Past Research on Smartmatic)

Monday, September 16, 2024

https://thesteadydrip.blogspot.com/2024/09/judge-newsmax-did-not-target-smartmatic.html

Dr. Morton Halperin – J Street Education Fund (Connecting the Dots: J Street, Morton Halperin, The Open Society Foundations, Newsmax’s Mark Halperin, Rhonda (Randi) Weingarten, The ONE Campaign, MSNBC, ACLU, The Carnegie & Soros Funding) (Past Research on Morton Halperin, the ONE Campaign, Mark Halperin & Newsmax)

Tuesday, June 17, 2025

https://thesteadydrip.blogspot.com/2025/06/dr-morton-halperin-j-street-education.html

Venezuela, Colombia Border Areas Hopeful as Reopening Looms (Connecting the Dots: Venezuela, Colombia & Soros Funded Think Tanks) (Past Research on Venezuela & Moises Naim)

Monday, August 22, 2022

https://thesteadydrip.blogspot.com/2022/08/venezuela-colombia-border-areas-hopeful.html

Sen. Warren Presses Amazon on Algorithmic Pricing for Schools (Connecting the Dots: Senator Elizabeth Warren, Ganesh Sitaraman, The Center for American Progress, Amazon, HUD, The U.S. Federal Trade Commission, The Urban Institute, The U.S. Department of Education & The Carnegie/Soros Network) (Past Research on the Carnegie Corporation New York)

Thursday, March 12, 2026

https://thesteadydrip.blogspot.com/2026/03/sen-warren-presses-amazon-on.html

Megyn Kelly Slams Fox for Banning Charlie Kirk (Connecting the Dots: Media Matters, Fox News, Papal Knighthood, Rupert Murdoch, News Corp, Megyn Kelly & Soros Funding, All Networking) (Past Research on Fox News)

Thursday, September 18, 2025

https://thesteadydrip.blogspot.com/2025/09/megyn-kelly-slams-fox-for-banning.html

Trump Blasts Fox News Pollster, WSJ (Connecting the Dots: Papal Knighthood, Roman Catholic Church, Fox News, K. Rupert Murdoch, Wall Street Journal (WSJ), Kamala Harris, Muslim Leaders of Tomorrow, Alwaleed bin Talal, Rotana Group, News Corp. & Soros Funding, All Networking) (Past Research on the Rotana Group & News Corp)

Thursday, April 24, 2025

https://thesteadydrip.blogspot.com/2025/04/trump-blasts-fox-news-pollster-wsj.html

Uproar as German Lawmaker Proposes Observance of Muslim Public Holidays (Past Research on the American Society for Muslim Advancement & The Alwaleed Bin Talal Foundation)

Monday, October 16, 2017

https://thesteadydrip.blogspot.com/2017/10/uproar-as-german-lawmaker-proposes.html

Ex-Soviet Leader Mikhail Gorbachev Dead at 91 (Connecting the Dots: Mikhail Gorbachev, Communist Party, Green Cross International, Pre-Oscar Party, Soros Funded Think Tanks ALL Networking) (Past Research on : Mikhail Gorbachev & Green Cross International)

Tuesday, August 30, 2022

https://thesteadydrip.blogspot.com/2022/08/ex-soviet-leader-mikhail-gorbachev-dead.html