Smartmatic Files Defamation Lawsuit Against Fox, Powell, Giuliani Over Election Claims

February 4, 2021 Updated: February 7, 2021

Election software firm Smartmatic has sued Fox News Media, attorney Sidney Powell, former New York Mayor Rudy Giuliani, and others alleging that they “engaged in a conspiracy to spread disinformation about Smartmatic” following the 2020 presidential election.

Smartmatic is demanding at least $2.7 billion in damages for injuries caused by what they say was a “disinformation campaign” against the company. The firm alleges that the defendants made false claims about the company’s role in the 2020 election, the nature of the company, and its connection with Venezuela.

The lawsuit (pdf) claims this “disinformation” helped to enrich the defendants, who gained more viewers or readers, raised money, or curried “favors with the outgoing administration.”

“Smartmatic’s loss was Defendants’ gain,” the lawsuit claims. “They lied. And they did so knowingly and intentionally. Smartmatic seeks to hold them accountable for those lies and for the damage that their lies have caused.”

Fox News Media and Powell have disputed the lawsuit’s claims. A Fox News Media spokesperson described the lawsuit as “meritless” in an emailed statement to The Epoch Times.

“FOX News Media is committed to providing the full context of every story with in-depth reporting and clear opinion. We are proud of our 2020 election coverage and will vigorously defend against this meritless lawsuit in court,” the statement read.

In December, the broadcaster decided to air several segments challenging and exploring the claims made in its previous reports after Smartmatic alleged the reports contained “false and defamatory statements” and threatened litigation. The segments were shown across its shows on the Fox News Channel and Fox Business Network and invited Eddie Perez, an expert from the independent Open Source Election Technology Institute, to address several of the claims.

In those interviews, Perez told the hosts that he had not seen any evidence that Smartmatic software was used to flip votes anywhere in the United States in the November election.

Powell also responded to the lawsuit saying in an emailed statement to The Epoch Times that: “The boomerang is going to hit like a ton of bricks,” citing sworn affidavits from which she based her claims.

Meanwhile, Giuliani said in an emailed statement to The Epoch Times: “The Smartmatic lawsuit presents another golden opportunity for discovery. I look forward to litigating with them.”

Smartmatic said that during the 2020 election, they had provided election technology manufacturing, systems integration, software development, and logistics only for Los Angeles County, California.

The company filed their complaint in a New York State Court in Manhattan.

The lawsuit also named Fox News anchors Lou Dobbs, Maria Bartiromo, and Jeanine Pirro as defendants.

This article was updated to include a statement from former Mayor Rudy Giuliani.

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