Rudolph Giuliani and Sidney Powell, attorneys for President Donald Trump, are holding a press conference on Thursday, November 19, 2020, on the Republican National Committee on lawsuits related to the 2020 presidential election result.
Tom Williams | CQ Roll Call, Inc. | Getty Images
Voting software company Smartmatic on Thursday filed a $ 2.7 billion defamation lawsuit against Fox News, three hosts of Fox, and attorneys Rudy Giulani and Sidney Powell for knowingly false claims of former President Donald Trump’s loss of the election .
Smartmatic accused the defendants of “making up a story” that Trump lost to President Joe Biden due to widespread and Byzantine electoral fraud.
“Without a real villain, the defendants made one up. The defendants have decided to make Smartmatic the villain in their history,” reads the 285-page lawsuit filed with the Manhattan Supreme Court.
Fox News presenters Lou Dobbs, Maria Bartiromo and Jeanine Pirro are among the named defendants in the complaint, which, in addition to defamation, accuses all defendants of belittling Smartmatic with their false allegations.
The lawsuit accuses the defendants of falsely saying or implying that Smartmatic’s electoral technology and software were compromised or hacked during the 2020 election, and falsely claiming that “Smartmatic was a Venezuelan company controlled by corrupt dictators from socialist countries stood “.
And it is said that “the defendants knew that history could not change the outcome of the elections” but “it could and did make them money”.
The lawsuit comes weeks after another target of those claims, Dominion Voting Systems, filed separate lawsuits against Giuliani and Powell seeking $ 1.3 billion apiece in damages.
The lawsuit stated that based on the defendants’ lies, millions believed the allegations were true.
“Smartmatic and its officers received hate mail and death threats,” the lawsuit said. The company was not only harmed by the false claims, but “history has undermined people’s belief in democracy”.
Trump has refused for months to accept that Biden fair defeated him in both the national referendum and the electoral college that actually determines who becomes president.
The president and his allies, including his personal attorney Giuliani and Powell, have repeatedly made false claims that there has been widespread fraud and tampering with voting machines that resulted in a Trump vote under count and Biden ballot over count .
Powell was actually fired from Trump’s electoral team for their exaggerated claims about Smartmatic and Dominion Voting Systems.
But the former federal prosecutor continued to make her extreme accusations and just before Trump stepped down, she and other conspiracy theorists visited the White House to argue that he should keep fighting to hold on to the presidency.
Smartmatic’s complaint mocked the allegations, as did a number of judges, some of whom were appointed by Trump, have rejected several challenges to Biden’s victory.
The lawsuit finds that the company made its technology available to only one jurisdiction, Los Angeles County, California, and “nowhere else” during the 2020 election.
“The earth is round”, the lawyers from Smartmatic wrote at the very beginning of the complaint.
“Two plus two is four. Joe Biden and Kamala Harris have won the 2020 election as President and Vice President of the United States,” the lawsuit said. “The election was not stolen, tampered with or repaired. These are facts. They are demonstrable and irrefutable.”
“The defendants have always known these facts,” says the lawsuit.
“But they also saw an opportunity to capitalize on President Trump’s popularity by making up a story. The defendants decided to tell people that the election of President Trump and Vice President was stolen [Mike] Pence. “
In a statement on the lawsuit, a Fox News Media spokesman said, “Fox News Media strives to provide the full context of each story with detailed coverage and clear opinion.”
“We are proud of our election coverage for 2020 and will vigorously defend this unfounded lawsuit in court,” said the spokesman.
Fox News Media also noted that there were a number of “fact checking segments” about Smartmatic that ran on various shows, including Pirro’s, that contradicted the conspiracy theories about the company that had spread in right-wing media outlets and the Internet.
In those segments, OSET Institute’s Director of Technical Development Eddie Perez said he had seen no evidence, among other things, of any Smartmatic software being used to send votes to Biden, or that Smartmatic was related to Dominion, or that Smartmatic votes sent overseas had to be counted.
The segments were unusual for a number of reasons, including the fact that an off-air male voice, not the host of the particular shows they were airing on, asked questions to Perez.
In an email, Powell said, “I have not received any notification or a copy of a Smartmatic lawsuit.”
“This is just another political maneuver and outrageous abusive ‘legislation’ by the radical left that has neither actual nor legal basis,” she said.
Powell noted that she included “an edited copy of one of the affidavits on which I relied” for the allegations she made in her email.
The name of the person who signed the affidavit is black. In the affidavit, the person describes an alleged conspiracy to create software to manipulate the elections in which the late Venezuelan authoritarian President Hugo Chavez and Smartmatic executives are involved.
The lawsuit says Smartmatic was founded by three engineers from Venezuela but has no ties to the country’s government or Chavez.
Giuliani did not immediately respond to a request for comment.