- Jun 6, 2018
- Reaction score
Judge grills lawyers for Fox News, Powell, Giuliani about election fraud claims in $2.7 billion Smartmatic defamation suit
Smartmatic accuses the defendants of spreading the false story that it rigged the race against former President Donald Trump.
"A skeptical-sounding judge on Tuesday questioned lawyers for Fox News, Rudy Giuliani and Sidney Powell about a series of election-fraud claims at the center of a $2.7 billion defamation lawsuit filed against them by voting technology firm Smartmatic. Manhattan Supreme Court Judge David Cohen pressed counsel for the conservative news outlet about specific claims made on its air by current and former hosts. Clement argued in the hearing that the claims made on Fox, by its hosts or Trump’s legal team, do not rise to the legal standard of defamation and are protected by the First Amendment.
But attorneys for Smartmatic pushed back, saying the defendants made assertions of fact, not opinion, about the voting tech company, and that they do not have “blanket immunity” to spread defamatory content. They also took issue with Clement’s argument that Dobbs’ show, is primarily considered opinion programming and that the claims made on it are “more likely to be construed as opinions” for that reason. Smartmatic lawyer Erik Connolly said in response that Dobbs “did everything that he could to reinforce the notion that he and his guests were providing concrete facts to the audience.”
Howard Kleinhendler, an attorney for Powell, argued in the hearing that Smartmatic lacked standing, or grounds to sue her, because the Texas-based Powell didn’t make any of her disputed claims from New York. Cohen then asked Kleinhendler to explain the basis for a slew of Powell’s claims involving Smartmatic, including that it flipped “millions” of votes and that its company handbook explains how to wipe away votes. Kleinhendler was unable to respond to some of the claims presented to him by the judge."
Still waiting on all of that evidence that China and Biden conspired together to send bamboo ballots over on submarines from North Korea to give to Dominion and Smartmatic to help steal the election....I don't know why they didn't just show all of the evidence Mike Lindell had.....maybe they are just waiting until they get to the Supreme Court or something...most real lawyers know that you only show evidence when you get to the Supreme Court, not regular court..duh.