“Smartmatic’s $ 2.7 billion complaint is not just baseless; Bartiromo’s lawyers wrote in its response to the Electoral Systems Corporation’s lawsuit that” it is a legal blackmail operation designed to calm rhetoric and punish the reporting of cases that touch the core of our democracy.
Bartirumo’s response calls for the lawsuit to be dismissed under New York’s anti-SLAPP law, which aims to prevent stifling speech via threats of litigation.
Bartyromo, Dubs and Peru were named as defendants in the lawsuit that Smartmatic filed last week. On Monday evening, the defendants, Fox Corp. and Fox News, also filed a request to dismiss the case. Two other defendants were named in the lawsuit, Rudy Giuliani and Sydney Powell, who were guest appearances on Fox News’ shows.
Smartmatic claims in a 285-page lawsuit that its reputation was “irreparably damaged” when some news personalities and guests targeted the company responsible for rigging the election results.
In the lawsuit, Smartmatic accuses the defendants of disappointing Joe Biden and Kamala Harris’ election victory, of inventing a story of the company’s involvement in election fraud. Smartmatic identified 13 clips of Fox News from November and December in which characters and guests indicated on air that the company had “stolen the 2020 US elections,” according to their complaints.
The Dobbs show, Lou Dobbs Tonight, was dropped from the Fox Business lineup last week, a day after Smartmatic filed a lawsuit.
Fox News and its personalities are represented by Kirkland and Ellis, including Paul Clement, who was the attorney general under George W. Bush.
In its dismissal proposal earlier this week, Fox News also argued that Smartmatic is a public figure, which means it will have to prove that the network “spread the objected data with real malice – knowing the truth or ignoring it recklessly.”
More is coming.