Former Prosecutor Explains How Smartmatic ‘Can Win’ Defamation Lawsuit Towards Fox Information

Voting technology company Smartmatic has filed a $ 2.7 billion defamation lawsuit against Fox News and attorneys Rudy Giuliani and Sidney Powell for promoting the debunked and unsubstantiated conspiracy theory that Smartmatic’s technology helped has to steal Donald Trump’s 2020 presidential election. Former federal attorney Chuck Rosenberg discussed the lawsuit during an appearance on MSNBC’s “Morning Joe” on February 5, and believes Smartmatic has a good chance of winning.

The lawsuit specifically mentions Lou Dobbs, Maria Bartiromo and Jeanine Pirro, all of whom host Fox News or Fox Business. Smartmatic claims that everyone intentionally lied about the company to promote the false claim that Trump defeated current President Joe Biden.

Rosenberg pointed out to Morning Joe hosts Joe Scarborough and Mika Brzezinski and guest Eugene Robinson – a liberal columnist for the Washington Post and frequent guest on Morning Joe and other MSNBC programs – that libel lawsuits like Smartmatic’s were usually led are submitted are very difficult to prove.

“You have to show real malice, which is hard to do,” explained Rosenberg.

Rosenberg went on to say that the debunked claims that Smartmatic helped Biden steal an election are so unfounded that Smartmatic may have a strong argument.

Rosenberg said of Scarborough, Brzezinski and Robinson, “This is one of the times the company could actually win. Can you win this lawsuit? Yes, you can.”

The attorney explained what it would take to prove a defamation lawsuit and offered a hypothesis. If a company makes ice cream and a journalist comments that their ice cream tastes terrible, the company would have no cause for a slander complaint – the journalist would have a right to that subjective opinion. If the journalist, with no real evidence, accused the ice cream parlor of knowingly putting something harmful into the ice cream, there would be grounds for a defamation lawsuit.

Robinson agreed with Rosenberg’s analysis, telling the former US attorney, “I don’t like frivolous defamation lawsuits,” but agreed that Smartmatic could have a case if it proves “real malice” in court and shows a “reckless disregard for the truth” can.

Smartmatic’s lawsuit is a perfect example of why Newsmax TV, a right-wing cable news agency that claims to be even more pro-trumpet than Fox News, has distanced itself from false claims that Smartmatic’s technology and Dominion Voting Systems were used to the choice to swing according to Biden. When Mike Lindell, CEO of MyPillow – a far-right Trump supporter – recently appeared on Newsmax television to discuss “culture breakup”, he began ranting about “Dominion machine voting fraud.” But Newsmax’s Bob Sellers, obviously afraid of legal action, backed up hard on Lindell and said, “Mike, Mike, Mike …. We at Newsmax have not been able to verify any of these allegations. We just want to let people know that we haven’t seen anything substantial … Newsmax accepts the (election) results as legal and final. The courts have also supported this view. “

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