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    Newsmax and Smartmatic settle 2020 US election defamation lawsuit

    The voting machine company Smartmatic and the conservative outlet Newsmax have settled a closely watched defamation lawsuit days before it was set to go to trial in Delaware.A spokesman for the Delaware courts said the case had been settled on Thursday. He did not offer additional details. The trial was set to begin in Wilmington on Monday.The terms of the settlement are not public.“Newsmax is pleased to announce it has resolved the litigation brought by Smartmatic through a confidential settlement,” Bill Daddi, a spokesman for the network, said in a statement.After the 2020 election, Newsmax aired several false claims about the company, whose voting machines were only used in Los Angeles county in 2020. The network repeatedly aired false claims from Trump allies that the software was widely used across the country and that it had been hacked to change votes.Smartmatic sued Newsmax, Fox, One America News Network (OANN) and others for broadcasting their false claims. It settled the case with OANN earlier this year and the Fox case is still pending in New York.Smartmatic said in a statement: “We are very pleased to have secured the completion of the case against Newsmax. We are now looking forward to our court day against Fox Corp and Fox News for their disinformation campaign. Lying to the American people has consequences. Smartmatic will not stop until the perpetrators are held accountable.”First amendment scholars were closely watching the case and several others like it to see whether libel law can be used as an effective tool to police misinformation.The case was set to be a kind of sequel to the defamation litigation between Dominion, another voting machine company, and Fox over 2020 election lies. That case was settled just before the trial was set to begin, with Fox agreeing to pay Dominion $787.5m. Eric Davis, the judge who oversaw the Fox case, was also overseeing the Newsmax case.A settlement was not surprising in the case as trial neared. Davis ruled that Smartmatic could not seek punitive damages, a decision that significantly limited any possible financial payout for Smartmatic.Davis had also ruled that Newsmax could use the “neutral report privilege” as a defense in the case – a legal shield that allows media outlets to broadcast allegations if they are reporting on a newsworthy event and do so in a disinterested and neutral way. Davis had not let Fox used that defense in its litigation.Smartmatic executives were indicted by the justice department earlier this year on bribery charges in the Philippines. Even though the charges were completely unrelated to the 2020 election, it offered an opportunity for Newsmax lawyers to argue that the company’s poor reputation could not be attributed to what was said on its air.But Newsmax also had reasons to settle. In a pre-trial conference, a lawyer for the company had called it a “bet-your-company” case for the outlet. Newsmax, which is projecting $180.5m in revenue this year, saw a surge in audience under the Trump administration and a bump that caught Fox’s attention after the 2020 election as it broadcast false claims about voting.“The Newsmax surge is a bit troubling – truly is an alternative universe when you watch, but it can’t be ignored,” Jay Wallace, a Fox executive, wrote in an email to a colleague after the 2020 election.Unlike in the Fox and Dominion litigation, only a few details emerged in the case revealing internal discussions at Newsmax as they broadcast false claims about the election. One of the messages was an internal letter from Christopher Ruddy, the network’s CEO from November 2020, conceding the network did not have evidence of voter fraud.“Newsmax does not have evidence of widespread voter fraud. We have no evidence of a voter fraud conspiracy nor do we make such claims on Newsmax,” he wrote on 12 November 2020. “We have reported on significant evidence of widespread election irregularities and vote fraud. We will continue to report on that. We believe we should not censor allegations made by the President or his lawyers or surrogates. Our job is not to filter the news but report information and allow Americans to decide.”Another exchange included Bob Sellers, a Newsmax host, and a producer, wondering how long they would have to air false claims about the election. “How long are we going to have to play along with election fraud?” Sellers wrote on 9 November 2020. “Trump’s MO is always to play victim [] And answer this question. Is there anything at all that could result in another election? The answer is no. and are there enough votes that could be switched or thrown out from fraud or irregularities? No.”The lack of a trial may rob the public of the chance to hear about the state of mind of people who were behind broadcasting election lies, said RonNell Andersen Jones, a first amendment scholar at the University of Utah who has closely followed the defamation cases filed by those harmed by 2020 election lies.Still, she noted that Davis had already ruled that the statements at issue in the case were false, and cautioned against expecting defamation cases to be a cure for misinformation.“Defamation law can declare something a lie, but the question of whether a lie was told is only one of many questions that have to be asked and answered,” she said in an interview earlier this week. “It is a notoriously complex area of law, which means cases can be won or lost on a lot of grounds that have nothing to do with the truth or falsity of the statement. And I am not sure that translates well to public discussion.”Lyrissa Lidsky, a media law professor at the University of Florida, also cautioned against expecting libel law to be a cure-all for disinformation.“Defamation law is not a panacea for election misinformation. There’s just no two ways about it,” she said. “It’s just a small piece.” More

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    Beaches Close in Maryland, Delaware and Virginia as Needles Wash Ashore

    Beachgoers were urged to stay out of the water after dozens of hypodermic needles, as well as tampon applicators and other medical waste, were found on beaches over the weekend.The authorities closed beaches in Maryland, Virginia and Delaware to swimmers on Sunday after medical waste — including used hypodermic needles and used feminine hygiene products — washed up in popular vacation spots.The closures stretched along nearly 50 miles of coast from Fenwick Island in Delaware to Chincoteague Island in Virginia. The beaches include Assateague Island, a barrier island that stretches 37 miles along the coasts of Maryland and Virginia, as well as Ocean City, Md., and Dewey Beach in Delaware.“We currently have no idea where it came from and will not be speculating about a source,” the National Park Service office at Assateague Island National Seashore said of the medical waste in a statement on Facebook.Along with used needles, the authorities said they also discovered used tampon applicators, colored needle caps, and cigarillo cigar tips. An Assateague park manager told The Washington Post that crews had discovered the garbage early Sunday while patrolling after high tide. They had found nearly 50 needles there, and enough waste material to fill a five-gallon bucket. The official added that no injuries or incidents had been reported, and swimmers had not encountered the objects.The waste began coming ashore on Sunday morning, officials at Assateague said, and they were unsure how long beaches in the area would remain closed.The alerts impacted dozens of miles of coastline, including busy tourist beaches, as authorities not only urged caution among swimmers, but in many areas forbade activities in the water, including swimming, wading and surfing.“Until we are confident that the situation is under control, we recommend wearing shoes on the beach and avoiding the ocean entirely,” Joe Theobald, the director of Emergency Services in Ocean City, Md., said in a statement.It’s not the first time that tides have scattered such hazardous material along the eastern seaboard. In 2021, floodwaters in New York City caused sewage releases in New York harbor that sent hundreds of used syringes along the Jersey Shore. At the time, authorities believed many were likely used by diabetics, who had flushed the needles down the toilet after use.And, in 1987, dozens of miles of New Jersey shoreline were shut down after hospital waste and raw garbage suddenly appeared on beaches. In that instance, incensed officials believed the waste was illegally dumped by a passing barge.It was unclear on Monday how long the beaches would remain closed. Shorelines still remained off-limits to swimmers on Sunday evening. More

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    Biden Is Out, and Democrats Have a Whole New Set of Questions

    An earthshaking political moment finally arrived, and the transformation of the campaign starts now.It’s over.At 1:46 p.m., with the minute hand of the clock pointed to the number of his presidency, President Biden somberly ended his untenable re-election campaign and sought to give his downtrodden party something he could no longer provide: a sense of hope.“It is in the best interest of my party and the country for me to stand down,” he wrote in a letter posted to X, “and to focus solely on fulfilling my duties as president for the remainder of my term.”It was an earthshaking political moment many Democrats had been clamoring for — so I’m struck by how quietly it came, and with how little fanfare. Biden’s choice, made while he is at his Delaware beach house after testing positive for Covid-19, did not leak. He told some of his senior staff only a minute before he told the world, my colleague Katie Rogers reported. He did not make a speech to the public, though he said he will later this week.His campaign’s transformation, though, starts now.About half an hour after he withdrew, Biden endorsed his vice president, Kamala Harris. A little after 4 p.m., she made it official herself.“My intention,” Harris said in a statement distributed by the Biden for President campaign, “is to earn and win this nomination.”In an all-staff call, the campaign’s leaders said they were now all working for Harris for President, according to my colleague Reid Epstein.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Biden Stumbles Over His Words as He Tries to Steady Re-Election Campaign

    President Biden sought to steady his re-election campaign by talking with two Black radio hosts for interviews broadcast on Thursday, but he spoke haltingly at points during one interview and struggled to find the right phrase in the other, saying that he was proud to have been “the first Black woman to serve with a Black president.”He also stumbled over his words during a four-minute Fourth of July speech to military families at the White House, beginning a story about former President Donald J. Trump, calling him “one of our colleagues, the former president” and then adding, “probably shouldn’t say, at any rate” before abruptly ending the story and moving on.Mr. Biden made the mistake on WURD radio, based in Philadelphia, as he tried to deliver a line that he has repeated before about having pride in serving as vice president for President Barack Obama. Earlier in the interview, he boasted about appointing the first Black woman to the Supreme Court and picking the first Black woman to be vice president.The president also made a mistake earlier in the interview when he asserted that he had been the first president elected statewide in Delaware. He appeared to mean that he was the first Catholic in the state to be elected statewide, going on to speak admiringly of John F. Kennedy, a Catholic.Mr. Biden and his top aides have said the president’s activities in the coming days are part of a series of campaign efforts designed to prove to voters, donors and activists that the president’s debate debacle was nothing more than what he has called “a bad night.”Ammar Moussa, a spokesman for Mr. Biden’s campaign, criticized the news media for making note of the president’s stumbles.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Hunter Biden requests new trial after conviction in gun case

    Lawyers for Hunter Biden have filed a motion requesting a new trial, arguing that a Delaware court did not have jurisdiction over the case when it proceeded to trial.Biden, the eldest living son of the US president, was found guilty earlier this month on three felony counts related to a handgun purchase while he was a user of crack cocaine.Biden’s lawyer Abbe Lowell, in a court filing on Monday, argued that his client’s “convictions should be vacated” because the judge overseeing the case lacked jurisdiction to hold a trial because of pending rulings in his appeals case.A federal appeals court had rejected two attempts by Biden’s lawyers to dismiss the gun charges, but Lowell said that the court had not yet issued a formal mandate denying one of those appeals.“Naturally, any district court action taken after it has been divested of jurisdiction by an appeal must be vacated,” he wrote in the Monday filing. “Mr Biden’s convictions should be vacated because the court lacked jurisdiction to proceed to trial.”In a separate filing, Biden’s lawyers argued that a recent supreme court ruling, which upheld a federal ban on a firearms for people under domestic violence restraining orders, supported their motion for an acquittal in the case, or “at a minimum” a new trial.Biden faces a maximum of 25 years in prison, though first-time offenders are rarely given the maximum penalty. No sentencing date has been set.The president has said he will not use his power to pardon or commute his son’s sentence. More

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    Hunter Biden Is Expected to Appeal Conviction on Gun Charges

    Lawyers for Mr. Biden are considering a number of challenges to the guilty verdict, including one based on the Second Amendment.Hunter Biden is expected to appeal his felony conviction for falsifying a federal firearms application, likely arguing that the judge in the case violated his constitutional rights in her instructions to the jury, according to people in his orbit and legal experts.Mr. Biden’s lawyer Abbe Lowell has also signaled that any appeal would be based on the Supreme Court’s landmark decision in 2022 that vastly expanded gun rights, a ruling that spawned legal challenges to the part of the federal firearms form at the center of the Biden case. In Mr. Biden’s case, it included a question asking buyers about their drug use.Any appeal would be an uphill climb, and the lawyers representing President Biden’s son cannot officially file one until he is sentenced at the courthouse in Wilmington, Del., within 120 days, or about a month after he is scheduled to go on trial on federal tax charges in Los Angeles.There is still a possibility that David C. Weiss, the special counsel in the case, will seek a plea agreement before the tax trial begins, and would have leverage in negotiations now that Mr. Biden is already a convicted felon, according to former prosecutors. Mr. Biden might have greater incentive to reach a deal to avoid another public airing of his personal ordeal beyond what was presented in Wilmington last week.On Tuesday, after deliberating for a little more than three hours, a jury convicted Mr. Biden of three felony counts related to lying on a federal firearms application and illegally possessing a weapon.Mr. Lowell suggested that he might appeal, vowing to “vigorously pursue all the legal challenges available to Hunter.” President Biden said in a statement that he would “accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Hunter Biden gun trial: key takeaways from the first week

    Federal prosecutors rested their case against Hunter Biden on Friday morning after days of testimony that revealed deeply personal and grim details about his struggles with drug addiction.Hunter Biden, the only surviving son of Joe Biden, faces three felony charges tied to a 2018 firearm purchase while using narcotics. He is accused of making false statements on a gun-purchase form when he said he was not illegally using or addicted to drugs, and then unlawfully possessing the gun for 11 days.Hunter Biden has pleaded not guilty. If convicted, he could face up to 25 years in prison, though such a sentence would be highly unusual given that he would be a first-time offender. It is unclear whether the presiding judge, Maryellen Noreika, would give him time behind bars. Hunter Biden also faces a separate federal trial in California on charges of failing to pay $1.4m in taxes.Here are some key takeaways from the trial’s first week’s proceedings:1. Jury selection centered on the toll of the US drug epidemicA jury of 12 – six men and six women– and four alternates was seated from a pool of more than 60 people on Monday. Potential jurors were quizzed individually by Noreika about their knowledge of the case and views on gun ownership to determine whether they could be fair and impartial.Among the questions asked of potential jurors was whether they, or anyone close to them, had struggled with substance abuse or addiction. Many said they did, as stories of loved ones’ battles with addiction unravelled over the course of the day. One said they had a childhood best friend who died from a heroin overdose, one had a daughter who was a recovering addict, and another had a brother addicted to PCP and heroin.Drug addiction plays a central role in the case, as prosecutors have delved into Hunter Biden’s battle with drug use after the death of his older brother, Beau Biden, as they seek to prove that he knowingly lied on a form to buy a Colt Cobra revolver at a Wilmington gun store in October 2018.Hunter Biden has been open about his battle with crack cocaine, and the defense is hoping that the jury will see in him a familiar and sympathetic story reflected in their own lives. A study published this month found that one in three Americans know someone who has died of a drug overdose; nearly 20% said the person they knew who died was a family member or close friend.2. Prosecutors used Hunter Biden’s memoir against himThe jury heard long excerpts from the audiobook of Hunter Biden’s 2021 memoir, Beautiful Things, narrated by the president’s son himself, detailing his descent into drug addiction leading up to and after the gun purchase.Hunter Biden and his family listened for more than an hour on Tuesday as a lead prosecutor for the special counsel, Derek Hines, played extracts from the memoir detailing how crack cocaine plunged the president’s son into the “darkest recesses of your soul”, including a story of how he tried to buy drugs from a homeless woman in Franklin Park in Washington DC.Prosecutors pointed to how Hunter Biden detailed his four-year addiction to crack cocaine that would cover the time period when he bought the firearm to argue that he was a high-functioning drug addict who lied to friends and family and ultimately broke the law. “Addiction may not be a choice, but lying and buying a gun is a choice,” Hines said. “Nobody is above the law.”Hunter Biden’s lawyer, Abbe Lowell, argued that his client did not “knowingly” lie when filling out forms to buy a weapon. Pointing to a two-week rehab visit in August 2018, Lowell suggested that Hunter Biden was not using drugs at the time he bought the gun.3. Witnesses called to the stand included Hunter Biden’s exes and daughterProsecutors said part of their case would come from the testimony of several women from Hunter Biden’s past, including his ex-wife, Kathleen Buhle, and two girlfriends, Zoe Kestan and Hallie Biden, who is also the widow of Hunter Biden’s brother Beau.Buhle was married to Hunter Biden for nearly 25 years and shares three daughters with him. Buhle testified about her ex-husband’s long battle with addiction, and how his drug use and infidelity fueled the collapse of their marriage.Kestan, who was involved with Hunter Biden around 2017-2018, told jurors about his near-constant crack cocaine use at lavish hotels. “He would want to smoke as soon as he woke up,” she testified, and described meetings with a “scary” drug dealer and hunting for instructions on the internet to cook powder cocaine into crack.Hunter Biden’s daughter, Naomi Biden, gave emotional testimony on Friday as the defense’s witness, telling jurors that she was “proud” to see her father in rehab in 2018. As she left the stand, she stopped to give her father an embrace and was seen wiping her eyes.4. Widow of Beau Biden testified about finding gun in Hunter Biden’s truckThe prosecution’s most important witness, Hunter Biden’s sister-in-law turned girlfriend, Hallie Biden, took to the stand on Thursday. The pair had a brief romantic relationship after Beau Biden, Hallie Biden’s husband and Hunter Biden’s brother, died of brain cancer in May 2015.Hallie Biden is a central part of the prosecution case because she discovered the gun that Hunter Biden had bought and threw it out. The purchase of the Colt revolver by Hunter Biden – and Hallie Biden’s disposal of it – are the fulcrum of the case against him.Hallie Biden told jurors that she “panicked” when she discovered the gun and ammunition in his truck, and described how she put it into a leather pouch, stuffed it into a shopping bag and tossed it into a trash can outside a market near her home. “I didn’t want him to hurt himself, and I didn’t want my kids to find it and hurt themselves,” she said.Early in her testimony, Hallie Biden testified to using drugs, saying that Hunter Biden introduced her to crack cocaine in 2018. She testified she stopped using drugs in August 2018, but that Hunter Biden continued smoking crack cocaine. “It was a terrible experience that I went through, and I’m embarrassed and ashamed, and I regret that period of my life,” she said.5. Biden family turned out for trialHunter Biden’s family and close friends have attended the trial en masse to show their support, even as their father’s presidential campaign and the White House strive to distance themselves out of fear of handing political grist to Republicans searching for a distracting issue in the wake of Donald Trump’s 34-count conviction last week.The first lady, Jill Biden, was seated in the Delaware courtroom behind her stepson for the first three days of the trial until leaving late on Wednesday to attend a D-day commemoration ceremony in France. Joe Biden’s sister, Valerie Biden Owens, flew in from the west coast to take the first lady’s seat in court on Thursday, next to Hunter Biden’s wife, Melissa Cohen-Biden. Hunter Biden’s sister, Ashley Biden, has appeared in court as have several of his close friends.In contrast, several members of the Trump family steered clear of the New York courthouse during the former president’s hush-money trial. Most notably, Trump’s wife, Melania Trump, and daughter, Ivanka Trump, were conspicuously absent.Joe Biden, who is in France this week for the 80th anniversary of the D-day landings, has indicated he will not pardon his son if he is convicted at his federal gun trial. “Jill and I love our son, and we are so proud of the man he is today. Hunter’s resilience in the face of adversity and the strength he has brought to his recovery are inspiring to us,” Biden said in a statement on Monday. More