Smartmatic sues Fox, Giuliani, Powell, others for $2.7 Billion

[Coughdrop addict]

https://www.smartmatic.com/uploads/S...orporation.pdf

I believe the introduction to the company’s complaint is noteworthy both as a roundup of all the false narratives spewed about the supposed illegitimacy of the 2020 presidential election results and an indictment of the moral bankruptcy of the American Right.

The Earth is round. Two plus two equals four. Joe Biden and Kamala Harris won the 2020 election for President and Vice President of the United States. The election was not stolen, rigged, or fixed. These are facts. They are demonstrable and irrefutable.

Defendants have always known these facts. They knew Joe Biden and Kamala Harris won the 2020 U.S. election. They knew the election was not stolen. They knew the election was not rigged or fixed. They knew these truths just as they knew the Earth is round and two plus two equals four.

Defendants did not want Joe Biden and Kamala Harris to win the election. They wanted President Donald Trump and Vice President Michael Pence to win re-election. Defendants were disappointed. But they also saw an opportunity to capitalize on President Trump’s popularity by inventing a story.
Defendants decided to tell people that the election was stolen from President Trump and Vice President Pence.

Defendants had an obvious problem with their story. They needed a villain. They needed someone to blame. They needed someone whom they could get others to hate. A story of good versus evil, the type that would incite an angry mob, only works if the storyteller provides the audience with someone who personifies evil.

Without any true villain, Defendants invented one. Defendants decided to make Smartmatic the villain in their story. Smartmatic is an election technology and software company. It was incorporated in Delaware and its U.S. operations are headquartered in Florida. In the 2020 U.S. election, Smartmatic provided election technology and software in Los Angeles County. Nowhere else. Smartmatic had a relatively small, non-controversial role in the 2020 U.S. election.

Those facts would not do for Defendants. So, the Defendants invented new ones. In their story, Smartmatic was a Venezuelan company under the control of corrupt dictators from socialist countries. In their story, Smartmatic’s election technology and software were used in many of the states with close outcomes. And, in their story, Smartmatic was responsible for stealing the 2020 election by switching and altering votes to rig the election for Joe Biden and Kamala Harris.

Having invented their story, and created their villain, Defendants set about spreading the word. In November and December 2020, Fox News broadcasted thirteen (13) reports stating and implying that Smartmatic had stolen the 2020 U.S. election. They repeated the story in articles and social media postings. Night after night, publication after publication, Fox News reached out to its millions of viewers and readers around the world with a story: Joe Biden and Kamala Harris did not win the 2020 election; Smartmatic stole the election for them.

Defendants’ story evolved over time as they claimed evidence had come to their attention supporting the story. The story came to consist of eight themes:

• Smartmatic’s election technology and software were widely used in the 2020 U.S. election, including in six states with close outcomes.
• Smartmatic’s election technology and software were used by Dominion Voting Systems Corporation (“Dominion”) during the 2020 U.S. election.
• Smartmatic’s election technology and software were used to steal the 2020 U.S. election by rigging and fixing the vote.
• Smartmatic’s election technology and software sent votes to foreign countries for tabulation and manipulation during the 2020 U.S. election.
• Smartmatic’s election technology and software were compromised and hacked during the 2020 U.S. election.
• Smartmatic was previously banned from being used in U.S. elections.
• Smartmatic is a Venezuelan company that was founded and funded by
  corrupt dictators from socialist and communist countries.
• Smartmatic’s election technology and software were designed to rig and fix elections.

Defendants’ story was a lie. All of it. And they knew it. But, it was a story that sold. Millions of individuals who saw and read Defendants’ reports believed them to be true. Smartmatic and its officers began to receive hate mail and death threats. Smartmatic’s clients and potential clients began to panic. The company’s reputation for providing transparent, auditable, and secure election technology and software was irreparably harmed. Overnight, Smartmatic went from an under-the-radar election technology and software company with a track record of success to the villain in Defendants’ disinformation campaign.

Smartmatic’s loss was Defendants’ gain. Fox News used the story to preserve its grip on viewers and readers and curry favors with the outgoing administration – one of their anchors was even able to get a pardon for her ex-husband. Ms. Powell used the story to raise money and enrich herself. Mr. Giuliani used the story to guarantee himself a flow of funds from the sitting President and to sell products. Defendants knew the story could not change the outcome of the election. It could, and did, make them money.

The story, of course, did more than just make Defendants’ money and jeopardize Smartmatic’s survival. The story undermined people’s belief in democracy. The story turned neighbor against neighbor. The story led a mob to attack the U.S. Capitol. Defendants started a fire for selfish and financial reasons and they cared not the damage their story caused to Smartmatic, its officers and employees, and the country.

With this action, Smartmatic says: Enough. Facts matter. Truth matters. Defendants engaged in a conspiracy to spread disinformation about Smartmatic. 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.

So what do you think? To me it seems an open and shut case of slander, libel, and defamation.

[Lord Thesaurian]

If the plaintiffs can actually prove they were directly harmed by the defendants’ false statements, it’ll make for an interesting case. And they know it. Just the other day Newsmax, basically the new Fox, shut down the my pillow guy and began reading a legal disclaimer live on air to distance themselves from the Dominion rant. It’s all fun and games, until it isn’t. I don’t consider the issue worth following though; this is essentially a commercial dispute. I doubt it will have broader implications than that, one way or the other.

[B. W.]

Now that all the hard drives have been wiped and can't be examined during discovery they decided to sue.

However there is the fact that the machines failed to pass testing standards for fraud conducted by the State of Texas on 3 different occasions.

These lawsuits aren't going anywhere. It's a dog and pony show. Since no court would allow the suits put forward by groups contesting the election it is going to be a bad look for the courts if they allow this to go forward...which they probably will, thus further undermining public confidence in those institutions.

[Coughdrop addict]

I don’t consider the issue worth following though; this is essentially a commercial dispute. I doubt it will have broader implications than that, one way or the other.

I disagree. This is a sign that the party is over for Republicans. Lying and con-artistry have been the basis of their party for decades, and they have always gotten away scot-free while patting themselves on the back about how clever they are to fleece the gullible and stupid. Now for the first time some Republicans might be facing consequences for their serial grifting. Hopefully more suits come along with prosecution to leave these leeches penniless, and Trump, the king of lies, in prison.

[antaeus]

I disagree. This is a sign that the party is over for Republicans. Lying and con-artistry have been the basis of their party for decades, and they have always gotten away scot-free while patting themselves on the back about how clever they are to fleece the gullible and stupid. Now for the first time some Republicans might be facing consequences for their serial grifting. Hopefully more suits come along with prosecution to leave these leeches penniless, and Trump, the king of lies, in prison.

Hrm. Let me test this...

Bush Jr - "There are chemical weapons in Iraq... honest"
Bush Snr - "No new taxes... read my lips"
Reagan - "Hey Nicaraguan terrorists... have some cash we got from selling weapons to Iran"

Ford gets a pass... but only because Nixon.

And in before whataboutism... Yes, Clinton did make a mess of some girl's lapel and Obama did obfuscate about some stupid stuff in the middle east.

But now we're off topic.

[Coughdrop addict]

Fox News Media Cancels 'Lou Dobbs Tonight'

Lou Dobbs Tonight on Fox Business Network was canceled Friday. It will be replaced by Fox Business Tonight with alternating guest hosts Jackie DeAngelis and David Asman for the time being.
The cancellation, first reported by The Los Angeles Times, came a day after the network, Dobbs and others were sued for $2.7 billion.

Fox claims this has nothing to do with the lawsuit, and they just felt like cancelling their top-rated show for no reason at all.

[conon394]

Hrm. Let me test this...

Bush Jr - "There are chemical weapons in Iraq... honest"
Bush Snr - "No new taxes... read my lips"
Reagan - "Hey Nicaraguan terrorists... have some cash we got from selling weapons to Iran"

Ford gets a pass... but only because Nixon.

And in before whataboutism... Yes, Clinton did make a mess of some girl's lapel and Obama did obfuscate about some stupid stuff in the middle east.

But now we're off topic.

OK its OT but I don't GB Senior deserves an equal comparison for a campaign pledge violated in a very reasonable policy choice that critical let the Fed not have to carry all economic policy weight [And set up Clinton to ride a good economy and one that sans GBjr systemic tax cuts and no Iraq war might well have popped back to surplus and avoided the big crash]. VS Actual corrupt secret deals or one of the worst US foreign policy decisions of the last 100 years.


@BW

Now that all the hard drives have been wiped and can't be examined during discovery they decided to sue.

Unless they physically removed them all and destroyed them by chopping them and magnates and melted them wiping them is a fantasy. I grant maybe if the techs sat there and used a good wipe program like 7 or 10 times taking all day or more they might leave very little info to be recovered. But then they have to reconstruct a whole plausible history and log etc on the thing (I meant the replacement drive or perhapse even more difficult the wiped via software drive because the very act would itself leave evidence difficult to hide) as well.

[antaeus]

OK its OT but I don't GB Senior deserves an equal comparison for a campaign pledge violated in a very reasonable policy choice that critical let the Fed not have to carry all economic policy weight [And set up Clinton to ride a good economy and one that sans GBjr systemic tax cuts and no Iraq war might well have popped back to surplus and avoided the big crash]. VS Actual corrupt secret deals or one of the worst US foreign policy decisions of the last 100 years.

Although I was being facetious... it maters not how reasonable a policy is when we're discussing politicians who lie in order to convince the public of a political narrative, then go on to do the opposite. Fair or not, a campaign pledge encourages people to vote for them - particularly when GOP candidates actively campaign on small government and lower taxes as matter of principle. If anything this adds weight to claims that the GOP has systematically lied to their supporters over recent decades - in this case the small government myth - as Reagan also raised taxes.

[Gaidin]

@BW


Unless they physically removed them all and destroyed them by chopping them and magnates and melted them wiping them is a fantasy. I grant maybe if the techs sat there and used a good wipe program like 7 or 10 times taking all day or more they might leave very little info to be recovered. But than they have to reconstruct a whole plausible history and log etc on the thing as well.

Does Ponti want to be the honest lawyer and answer what would happen if it were to come out during discovery that Smartmatic either chopped the drives or did a legitimate solid wipe so data actually couldn't be recovered?

[Coughdrop addict]

Personally I'm looking forward to Lin Wood going to court and accusing the judge of being a pedophile. That outta go over well.

[Pontifex Maximus]

answer what would happen if it were to come out during discovery that Smartmatic either chopped the drives or did a legitimate solid wipe so data actually couldn't be recovered?

Always willing to do my part to educate the masses. Did opposing counsel send a spoliation letter? If not, based upon the New York rules of civil procedure, how do you propose the Plaintiff hold Defendant accountable for any data wipe? Absent any actual evidence to the contrary, your belief that a future party to a lawsuit is responsible for maintaining data falls short unless there's some state law I'm unfamiliar with. I haven't passed the NY State Bar.

In any event, something, something, something, those in glass houses.

Me thinks he doth protest too much. Now that the genie is out of the bottle because Time Magazine couldn't help but dunk on muh evil MAGA supporters, it will be interesting to watch the leftist cope.

[Gaidin]

You can make whatever claim on Time you want but they're...not a party.

The point is, it takes a lot of work for Smartmatic to hide the data that BW claims they are hiding. They either have to physically destroy the drives, and they can't hide that. Or they have to fundamentally wipe the drives, and they can't hide that. Or they have to replace them with drives they've spent months if not years writing over with a fake history, and they can't hide that.

[Pontifex Maximus]

So what? Based on the rules of evidence in most jurisdictions, that entitles them to a favorable jury charge even if they can meet the standards required to show what amounts to bad faith spoliation, and little else. The Plaintiff has the burden of proof based on a preponderance of the evidence. In my experience, most juries do not view lack of evidence of something as evidence of something. but hey, what do I know.

[Gaidin]

Because fraud isn't a thing?

I know BW thinks at least one of these things is done with intent.

[Pontifex Maximus]

Enumerate the elements of fraud under New York Law. In the vast majority of jurisdictions fraud must be pled in the complaint with specificity as a separate cause of action, some require an affidavit, and the burden of proof is clear and convincing as opposed to a preponderance.

My best guess, you're conflating fraud, perjury, and spoliation. A common lay mistake.

[Gaidin]

This is why I'm asking you. I want to know why, under BW's crazy accusations of destroying evidence, they can't be charged with some crime if it comes out in discovery. Those are the three ways that it would be...well...discovered that computer data is literally either destroyed or fake.

You as a lawyer, don't know how to destroy computer data. I as a computer scientist, do. I am asking how this works.

[Pontifex Maximus]

You're now conflating the civil and criminal process. Perjury is the only foreseeable crime I could see being charged as a result of a civil matter. The lawsuit you're referencing is a civil lawsuit. Plaintiffs are entitled to either a declaration of rights/factual determination (declaratory judgment) and money damages. Nobody is going to jail as a result of a civil matter absent perjury charges or contempt of court. Plaintiffs are miles and miles away from a contempt order at this stage. Trying to predict how litigation will unfold is meaningless, because we don't know what is going to happen. What I will tell you is that these accusations as a matter of law from the onset of the lawsuit where underlying and undisputed facts do not support it open up the Plaintiffs to a very easily argued motion for summary judgment.

Shall I send a bill? One rep point please.

[Gaidin]

Shall I send a bill? One rep point please.

when you give me one. quid pro quo. Also conon. he's been nailing these points. It's hard as ing hell to do what BW thinks has been done.

[Pontifex Maximus]

I don't even ing care about this issue. Just like the ex post facto Trump impeachment, this is all theater and bull and I don't care. But if I'm going to be called out and then forced to fact check, I will.

My only observation is "dunking on the MAGA deplorables" not only undermines any message of unity Biden might propose, but it undermines the fragile narrative of """the most secure election in American history""" - this can just be added to the mounting evidence that if sleepy Joe did win the most secure election in American history, nobody is acting like it.

[Coughdrop addict]

Dominion says it hired private investigators in bid to reach pro-Trump lawyer Sidney Powell

Facing a more than $1.3 billion defamation lawsuit from Dominion Voting systems, former Trump lawyer Sidney Powell dodged the company’s legal team for weeks, forcing Dominion to hire private investigators, the company claimed in a Tuesday filing.
Dominion had to pursue Powell “across state lines," which forced the company to have "unnecessary expenses for extraordinary measures to effect service [of process]," it wrote in the filing. Powell also "refused to respond" to requests from Dominion's legal team that would have allowed Powell more time to respond, the filing said.