Lawyers for Smartmatic are alleging that Newsmax has destroyed texts and emails showing that its executives knew they were peddling false claims related to the last presidential election, evidence key to a defamation lawsuit the voting tech firm filed against the right-wing cable news channel in 2021. The claims, outlined in court documents obtained by NBC News this week, outline how Newsmax allegedly began shredding after receiving notice to preserve evidence for the case, which is set to go to trial in September. “Newsmax’s misconduct goes beyond falsely accusing Smartmatic of rigging the U.S. election; it also attempted to conceal evidence of its actions and failed to follow its own journalistic standards,” Smartmatic attorney J. Erik Connolly told NBC News. “Smartmatic’s motion details numerous instances of evidence destruction, including incriminating emails and texts from Newsmax executives, indicating intentional spoliation.” Smartmatic is suing Newsmax, claiming the network intentionally promoted what it knew to be lies—namely, that the voting company was involved in flipping millions of votes from Donald Trump to Joe Biden in the 2020 election. A similar Smartmatic suit against Fox News remains ongoing, while one brought against One America News Network was settled last month. A Newsmax spokesperson said in a statement that, “Newsmax categorically denies Smartmatic’s allegations, which are intended only to distract from Smartmatic’s own misconduct, which includes Department of Justice claims it paid Philippine officials $4 million in bribes to be awarded election contracts there.”
