The judge presiding over a defamation lawsuit pitting an electronic voting machine manufacturer targeted by allies of former President Donald Trump
against a conservative news outlet that aired accusations of vote manipulation in the 2020 election set several parameters for an impending trial Monday.
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 Giuliani and conservative attorney Sidney Powell. “What government procurement official is going to continue to do business with a company that is under indictment?” asked Newsmax attorney Howard Cooper. Cooper also suggested that Smartmatic’s purported damages were calculated by a small cadre of executives who “pulled numbers from thin air.” Smartmatic initially pegged its damages at $1.7 billion, a number that has since been adjusted to about $370 million, according to statements during Monday’s conference.
In a ruling for Newsmax, Davis said he would not allow Smartmatic to bolster its presentation to the jury by suggesting that policy changes made at Newsmax in January 2021 after being notified about the allegedly defamatory statements are evidence of previous wrongdoing. Similarly, evidence regarding attorney disciplinary investigations of Trump allies Powell and Giuliani also may be inadmissible, the judge said.
The judge also indicated that he will closely scrutinize the alleged defamatory statements published by Newsmax to determine whether some are clearly opinions or speculation, versus factual assertions.
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