Newsmax Wins One in Smartmatic Case
The Special Master appointed by the Delaware Superior Court has ruled against voting systems purveyor Smartmatic which was seeking sanctions against Newsmax alleging that CEO Christopher Ruddy and other staffers destroyed evidence. The Special Master ruled that Smartmatic failed to prove that Ruddy and others intentionally or recklessly destroyed evidence in the case. Newsmax says that it informed the Special Master that some of Ruddy’s text messages were accidentally not preserved on his mobile phone, but he
located another device that had many if not all of the text messages. Those messages were produced to Smartmatic in the litigation. Newsmax also notes that it informed the Special Master that neither Ruddy nor any senior staff sought to hide text messages or emails, which in many cases were also collected from dozens of other Newsmax witnesses in the case and produced to Smartmatic. Newsmax separately filed a Motion for Sanctions against Smartmatic on May 13, 2024, and a Motion for Contempt against Smartmatic on July 16, 2024. Both of those motions remain pending. In its motions Newsmax argues that Smartmatic and its executives have misled Newsmax, the Special Master, and the Court about the Department of Justice’s ongoing criminal investigation into Smartmatic in which the agency alleges that Smartmatic and several of its senior executives participated in an international scheme involving a multi-million-dollar bribe allegedly made to an election official in the Philippines in exchange for the company getting nearly $200 million in contracts. See the full (somewhat redacted) complaint here.
own. She cites a February 2, 2021 appearance by Mike Lindell on Newsmax TV during which anchor Bob Sellers vehemently challenges Lindell’s allegations of voter manipulation, to the point of walking off the set in frustration. The story also notes Newsmax’s defense as laid out in court filings. The company says, “It reported fairly and accurately on the public statements made by President Trump, his attorneys, and 
surrogates; It had a right to report on statements made by public figures, including the president; Newsmax reported on both television and online claims by multiple officials and experts that the election was not ‘stolen’ or ‘rigged.’; Newsmax reached out to Dominion, and Dominion did not accept offers to appear on the network; Newsmax published online at least a dozen articles sharing Dominion’s response to Trump campaign claims. Those headlines appeared on Newsmax TV; On Dec. 19, 2020, Newsmax published to its website a statement, ‘Facts About Dominion, Smartmatic You Should Know,’ which read, in part, ‘No evidence has been offered that Dominion or Smartmatic used software or reprogrammed software that manipulated votes in the 2020 election.’; Newsmax shared its statement over the course of months during segments related and unrelated to the 2020 election.” Finally, Newsmax adds, “It should be noted that FOX News has never made a statement, even after its settlement, as strong and specific as Newsmax’s statement of Dec. 19, 2021.”