Voting company sues Fox News, Giuliani and others for $2.7 billion over election fraud claims
A voting technology company is suing Fox News, three of its hosts and two former lawyers for former President Donald Trump 鈥� Rudy Giuliani and Sidney Powell 鈥� for $2.7 billion, charging that the defendants conspired to spread false claims that the company helped 鈥渟teal鈥� the U.S. presidential election.
The 285-page complaint filed Thursday in New York state court by Florida-based Smartmatic USA is one of the largest libel suits ever undertaken. On Jan. 25, a rival election-technology company 鈥� Dominion Voting Systems, which was also ensnared in Trump's baseless effort to overturn the election 鈥� sued Guiliani and Powell for $1.3 billion.
Unlike Dominion, whose technology was used in 24 states, Smartmatic's participation in the 2020 election was restricted to Los Angeles County, which votes heavily Democratic.
Smartmatic's limited role notwithstanding, Fox aired at least 13 reports falsely stating or implying the company had stolen the 2020 vote in cahoots with Venezuela's socialist government, according to the complaint. This alleged 鈥渄isinformation campaign鈥� continued even after then-Attorney General William Barr said the Department of Justice could find no evidence of widespread voter fraud.
For instance, a Dec. 10 segment by Lou Dobbs accused Smartmatic and its CEO, Antonio Mugica, of working to flip votes through a non-existent backdoor in its voting software to carry out a 鈥渕assive cyber Pearl Harbor," the complaint alleged.
鈥淒efendants鈥� story was a lie," the complaint stated. "But, it was a story that sold.鈥�
The complaint also alleges that Fox hosts Dobbs, Maria Bartiromo and Jeanine Pirro also directly benefitted from their involvement in the conspiracy. The lawsuit alleges that Fox went along with the 鈥渨ell-orchestrated dance鈥� due to pressure from newcomer outlets such as Newsmax and One America News, which were stealing away conservative, pro-Trump viewers.
Fox News Media, in a statement on behalf of the network and its hosts, rejected the accusations. It said it is proud of its election coverage and would defend itself against the 鈥渕eritless鈥� lawsuit in court.
Fox "is committed to providing the full context of every story with in-depth reporting and clear opinion,鈥� the company said in a written statement.
Giuliani and Powell did not immediately respond to requests for comment.
For Smartmatic, the effects of the negative publicity were swift and devastating, the complaint alleges. Death threats, including against an executive鈥檚 14-year-old son, poured in as Internet searches for the company surged, Smartmatic claims.
With several client contracts in jeopardy, the company estimates that it will lose as much as $690 million in profits over the next five years. It also expects it will have to boost spending by $4.7 million to fend off what it called a 鈥渕eteoric rise鈥� in cyberattacks.
鈥淔or us, this is an existential crisis,鈥� Mugica said in an interview. He said the false statements against Smartmatic have already led one foreign bank to close its accounts and deterred Taiwan, a prospective client, from adopting e-voting technology.
Like many conspiracy theories, the alleged campaign against Smartmatic was built on a grain of truth. Mugica is Venezuelan and Smartmatic鈥檚 initial success is partly attributable to major contracts from Hugo Ch谩vez's government, an early devotee of electronic voting.
No evidence has emerged that the company rigged votes in favor of the anti-American firebrand, and for a while the Carter Center and other observers held out Venezuela as a model of electronic voting. Meanwhile, the company has expanded globally.
Smartmatic is represented by J. Erik Connolly, who previously won what's believed to be the largest settlement in American media defamation, at least $177 million, for a report on ABC News describing a company's beef product as 鈥減ink slime.鈥�
鈥淰ery rarely do you see news organization go day after day after day the same targets," Connolly said in an interview. 鈥淲e couldn't possibly have rigged this election because we just weren't even in the contested states to do the rigging.鈥�