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Voting Technology Company Files $2.7 Billion Lawsuit Against Fox News and Others (nytimes.com) 314

hcs_$reboot shares a report from The New York Times: Rupert Murdoch's Fox Corporation and three of its popular anchors are the targets of a $2.7 billion defamation lawsuit filed on Thursday by Smartmatic, a company that became a prominent subject of discredited theories about widespread fraud in the 2020 presidential election. Smartmatic, an election technology company, filed the suit in New York State Supreme Court against the Fox Corporation, Fox News, and the anchors Lou Dobbs, Maria Bartiromo and Jeanine Pirro. As part of the same action, the company is suing Rudolph W. Giuliani and Sidney Powell, who made the case for election fraud as guests on Fox programs while representing President Donald J. Trump.

In its 276-page complaint, Smartmatic argues that Mr. Giuliani and Ms. Powell "created a story about Smartmatic" and that "Fox joined the conspiracy to defame and disparage Smartmatic and its election technology and software." Smartmatic, which provided services for the 2020 election in only one county, filed its suit in the tense aftermath of a vote that Mr. Trump and his supporters have repeatedly and falsely described as rigged or stolen. Smartmatic is seeking damages of "no less than $2.7 billion," the complaint says, and is requesting a jury trial.
In a statement to CNN, Powell said: "I have not received notice or a copy of this alleged lawsuit. However, your characterization of the claims shows that this is just another political maneuver motivated by the radical left that has no basis in fact or law."
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Voting Technology Company Files $2.7 Billion Lawsuit Against Fox News and Others

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  • Finally lawsuits where these people can provide ALL THEIR EVIDENCE of election fraud that none of the other judges let them show. Trump will get his second term yet. rofl

    • Re: (Score:3, Informative)

      by AmiMoJo ( 196126 )

      The lawsuit is great, starts with this:

      "The Earth is round. Two plus two equals four. Joe Biden and Kamala Harris won"

    • by fazig ( 2909523 )
      The Burden of Proof is on the plaintiff, which is not Team Trump.

      So what they need to do there is to show that the defendants knew that there was no evidence for fraud and they they made these claims regardless to defame the plaintiff. This makes defamation lawsuits notoriously difficult to win, and with good reason (my opinion).

      From the perspective of Team Trump it might be a bit ironic that them not making defamation lawsuits easier (you can read some stuff about this here: https://anti-slapp.org/slap [anti-slapp.org]
      • The Burden of Proof is on the plaintiff, which is not Team Trump.So what they need to do there is to show that the defendants knew that there was no evidence for fraud

        Careful. The plaintiffs don't have to prove that the defendents knew it was false, they only need to show that they said it in "reckless disregard of truth".

        and they they made these claims regardless to defame the plaintiff.

        Intent is only needed for defamation of public figures. I think you could argue that Smartmatic is not a public figure.

      • The Burden of Proof is on the plaintiff, which is not Team Trump.

        The defense in such a case is that you told the truth. Powell and the others claim massive piles of evidence of their statements veracity, they should be EAGER to show it and the prosecution can't really stop them. It will be typical of this bunch to not show anything that is evidence in the real world.

  • Fox will just argue that they're entertainment, not news and people shouldn't believe them a la Alex Jones.

    • Fox will just argue that they're entertainment, not news and people shouldn't believe them a la Alex Jones.

      So they'll be changing their name from "Fox News" to ... ?

      • Re:Fox (Score:5, Funny)

        by Major_Disorder ( 5019363 ) on Thursday February 04, 2021 @06:22PM (#61029054)

        Fox will just argue that they're entertainment, not news and people shouldn't believe them a la Alex Jones.

        So they'll be changing their name from "Fox News" to ... ?

        They will just move the quotes: Fox "News"

        • Fox will just argue that they're entertainment, not news and people shouldn't believe them a la Alex Jones.

          So they'll be changing their name from "Fox News" to ... ?

          They will just move the quotes: Fox "News"

          Hope so. I get modded down whenever I do that here; maybe that will help... :-)

  • ElectionGuard (Score:5, Insightful)

    by nickmalthus ( 972450 ) on Thursday February 04, 2021 @05:15PM (#61028776)
    Until Open Source election software with verifiable election results like ElectionGuard [github.com] are in place no one will trust proprietary and unauditable private sector election systems.
    • Re:ElectionGuard (Score:4, Insightful)

      by ArchieBunker ( 132337 ) on Thursday February 04, 2021 @05:19PM (#61028796)

      How would you even know the source code matches what is running on the voting machines?

      • by fahrbot-bot ( 874524 ) on Thursday February 04, 2021 @06:09PM (#61028998)

        How would you even know the source code matches what is running on the voting machines?

        [... raises hand ...] Um... Blockchain? :-)

      • by AmiMoJo ( 196126 )

        This is the problem that Secure Boot was designed to address. All code has to be signed before it will run.

        The start of the chain of trust is a ROM in the SoC that cannot be altered. Games consoles use that technique. It's not impossible to overcome but it is quite difficult, way better than what most systems use.

      • because it would take teams of people to hack enough of these machines to matter. And like any conspiracy involving dozens, nay hundreds of people it would get found out quick. If such a thing happened Trump's lawyers would've had something besides supposes to show the judges in the 60+ cases they lost.
        • The problem is that a significant proportion of the population believes that's exactly what did happen. A conspiracy involving hundreds if not thousands, or perhaps hundreds of little groups acting with no coordination for the same purpose. That nothing substantive showed up in court doesn't sway them. A cryptographically bulletproof trail from voter to winning candidate wouldn't sway them. Far too many people would just say blah, blah, blah, crypto, crypto, fraud.

    • Re:ElectionGuard (Score:5, Informative)

      by Martin Blank ( 154261 ) on Thursday February 04, 2021 @05:28PM (#61028840) Homepage Journal

      Georgia did audit the election through a hand recount. The difference was only 0.04% after the recount. Most election experts are fine with optical readers to do the initial count, with subsequent risk-limiting audits of subsets to verify, and complete hand recounts as fallbacks or for close results.

    • The solution is much more simple and already available.

      Don't record the votes electronically. Instead have one type of machine that prints individual ballots in human-readable form and another machine that counts them.

      That's exactly what Dominion does. It allows manual recounts. It allows individual voters to check their ballots before they turn them in for counting.

  • by fahrbot-bot ( 874524 ) on Thursday February 04, 2021 @05:16PM (#61028788)

    I saw a clip on CNN yesterday of a Tuesday interview with MyPillow CEO Mike Lindell on Newmax -- reported in Newsmax anchor storms off set when MyPillow CEO voices election conspiracies [cnn.com] -- it was actually pretty funny:

    Newsmax anchor Bob Sellers repeatedly tried to cut off MyPillow CEO Mike Lindell in an interview Tuesday after the Trump-supporting executive spread election fraud falsehoods on air.

    "We have all this election fraud with these Dominion machines," Lindell said. "We have 100% proof."

    Sellers quickly interjected.

    "Mike, you're talking about machines. We at Newsmax have not been able to verify any of those kinds of allegations," he said, before reading from a statement: "While there were some clear evidence of some cases of voter fraud and election irregularities, the election results in every state were certified, and Newsmax accepts the results as legal and final. The courts have also supported that view."

    While reading the statement, Lindell was shouting over Sellers, claiming that Newsmax was trying to do the same thing to him that Twitter did.

    "You have just suppressed me, just like Twitter," Lindell said.

    Sellers grew agitated as Lindell continued to talk over him.

    Less than two minutes into the interview, Sellers asked the show's producers, "Can we get out of here, please? I don't want to have to keep going over this. We at Newsmax have not been able to verify any of those allegations."

    When Sellers' co-anchor Heather Childers, a former "Fox & Friends First" anchor, continued the conversation, Sellers promptly got up out of his anchor chair and walked off set.

    I guess getting sued for $2B gets a network's attention ... :-)

    • by hdyoung ( 5182939 ) on Thursday February 04, 2021 @05:31PM (#61028854)
      There's going to be a LOT more like this.

      Trump and his crew managed to sell a steaming load of BS for about 4 years, but the US actually has a fairly low tolerance for it. In the long run, it's kind of like an immune response builds up. That group is going to have less and less success as time goes on. People talk about Trump running again in 2024. I'm not worried in the slightest about that. By then, he won't even be able to get an interview at my local cable station, let alone any free pass to spew bald-face lies on Twitter and Facebook.

      There are articles running around the internet talking about how this happened with McCarthy. He started out as an absolute juggernaut that nobody dared to challenge. He managed to hold on for about 4 years until US society got tired of the red-scare BS and collectively ran him out of town on a rail.

      The Trump family is already fleeing to Florida and finding nice places to lay low. They know the gig is over and they won't have much influence moving forward. And the lawsuits will probably keep them busy for the rest of their lives. They might be immune at the federal level (100% chance of a pocket pardon) but the states are going to put them through the meat-grinder. In a year Trump news won't even make the front page.
      • There are articles running around the internet talking about how this happened with McCarthy. He started out as an absolute juggernaut that nobody dared to challenge. He managed to hold on for about 4 years until US society got tired of the red-scare BS and collectively ran him out of town on a rail.

        I don't think that it was weariness of him that was McCarthy's downfall. Instead, it was because he went after the army.

        In other words, he went too far. Perhaps that's what always eventually happens to people w

      • > Trump and his crew managed to sell a steaming load of BS for about 4 years, but the US actually has a fairly low tolerance for it.

        Prove it. What has been proved, beyond any doubt what-so-ever, is the Russia collusion story was a complete fabrication. Yet the media ran that BS story every day for years.

        While you are accusing the right of creating hoaxes, let's not for forget AOC's recent hoax, which is reminiscent of her previous hoax of crying outside the fence where the "caged children" were kept.

        Let'

    • It's amazing how fast things are getting back to normal. Yesterday the Qanon congresslady apologized for peddling jewish space lasers and 911 inside job.
  • by schwit1 ( 797399 ) on Thursday February 04, 2021 @05:30PM (#61028848)

    The Covington lawsuit might be a precedent? CNN and WAPO settled that one.

    • And I'm still wondering what the cause of action was there. I admittedly didn't follow that very closely as it was unfolding and I didn't see any of CNN's coverage of it.

      It seemed like a bunch of people on social media said a bunch of things and WaPo and I guess CNN reported what they knew about it and like every other news source these days seems to do also reported what the Twitterati were saying.

      Even before the lawsuit came out I eventually recognized that this Sandman character didn't say anything or e

  • Libel is tough in the US. An argument can be made that Sidney Powell et al were describing court filings or asking questions around opaque and proprietary voting systems. That would qualify as protected speech.

  • Anyone know how they came up with the damages number? I would have assumed $2.7B would be a century of revenue. How much damage can the lies do? Or am I woefully underestimating the cost of these machines?
  • I am not sure how the pro-Trump attorneys and others would even come to know about this one company that provided voting machines and software for only one county in California. Why would the company even show up on anyone's radar? If someone made a credible allegation of irregularity, such as massive chunks of pro-Biden votes with no votes for Trump, I suppose that the story could have filtered up to those with an interest. But, without access to the moment-to-moment voting record, no one could have made a

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