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      Dominion: will one Canadian company bring down Trump's empire of disinformation?

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      When Donald Trump and his allies pushed the “big lie” of voter fraud and a stolen election, it seemed nothing could stop them spreading disinformation with impunity.Politicians and activists’ pleas fell on deaf ears. TV networks and newspapers fact-checked in vain. Social media giants proved impotent.But now a little-known tech company, founded 18 years ago in Canada, has the conspiracy theorists running scared. The key: suing them for defamation, potentially for billions of dollars.“Libel laws may prove to be a very old mechanism to deal with a very new phenomenon of massive disinformation,” said Bob Shrum, a Democratic strategist. “We have all these fact checkers but lots of people don’t care. Nothing else seems to work, so maybe this will.”The David in this David and Goliath story is Dominion Voting Systems, an election machine company named after Canada’s Dominion Elections Act of 1920. Its main offices are in Toronto and Denver and it describes itself as the leading supplier of US election technology. It says it serves more than 40% of American voters, with customers in 28 states.But the 2020 election put a target on its back. As the White House slipped away and Trump desperately pushed groundless claims of voter fraud, his lawyers and cheerleaders falsely alleged Dominion had rigged the polls in favour of Joe Biden.Among the more baroque conspiracy theories was that Dominion changed votes through algorithms in its voting machines that were created in Venezuela to rig elections for the late dictator Hugo Chávez.The truth matters. Lies have consequencesIt was laughable but also potentially devastating to Dominion’s reputation and ruinous to its business. It also fed a cocktail of conspiracy theories that fuelled Trump supporters who stormed the US Capitol on 6 January, as Congress moved to certify the election results. Five people died, including an officer of the Capitol police.The company is fighting back. It filed $1.3bn defamation lawsuits against Trump lawyers Rudy Giuliani and Sidney Powell, and MyPillow chief executive Mike Lindell, for pushing the allegations without evidence.Separately, Dominion’s security director, Eric Coomer, launched a suit against the Trump campaign, Giuliani, Powell and some conservative media figures and outlets, saying he had been forced into hiding by death threats.Then came the big one. Last month Dominion filed a $1.6bn defamation suit against Rupert Murdoch’s Fox News, accusing it of trying to boost ratings by amplifying the bogus claims.“The truth matters,” Dominion’s lawyers wrote in the complaint. “Lies have consequences. Fox sold a false story of election fraud in order to serve its own commercial purposes, severely injuring Dominion in the process. If this case does not rise to the level of defamation by a broadcaster, then nothing does.”The suit argues that Fox hosts and guests “took a small flame and turned it into a forest fire” by broadcasting wild assertions that Dominion systems changed votes and ignoring repeated efforts by the company to set the record straight.“Radioactive falsehoods” spread by Fox News will cost Dominion $600m over the next eight years, according to the lawsuit, and have resulted in Dominion employees being harassed and the company losing major contracts in Georgia and Louisiana.Fox fiercely disputes the charge. It said in a statement: “Fox News Media is proud of our 2020 election coverage, which stands in the highest tradition of American journalism, and will vigorously defend against this baseless lawsuit in court.”Other conservative outlets have also raised objections. Chris Ruddy, chief executive of Newsmax, said: “We think all of these suits are an infringement on press freedom as it relates to media organisations. There were the years of Russian collusion investigations when all of the major cable networks reported unsubstantiated claims. I think Fox was reporting the news and certainly Newsmax was.”But some observers believe Dominion has a strong case. Norman Eisen, a senior fellow at the Brookings Institution, said: “Dominion has an outstanding prospect in its litigation against Fox for the simple reason that Fox knowingly broadcast over and over again the most outrageous and clear lies.You should not have a major television outlet that is a megaphone for outrageous falsehoods about the election“Certainly there are protections under the first amendment and otherwise but this is so far outside the bounds, such a clear case, that I think Fox is looking at a very serious legal exposure here and that’s the way it should be.“You should not have a major television outlet that is able day after day to provide a megaphone for outrageous falsehoods having to do with the election, one that helped trigger a violent insurrection on 6 January. They should not be able to feed a steady stream of those pernicious lies into the body politic without any legal consequences.”‘A real battleground’Eisen, a former White House “ethics czar”, suggests that the Dominion case could provide at least one model for dealing with the war on truth.“The United States and the world need to deal with disinformation,” he said.“There can be no doubt that every method is going to be required but certainly libel law provides one very important vehicle for establishing consequences and while there’s no such thing as a guarantee when you go to court, this is an exceptionally high risk for Fox with a large price tag attached as well.”There are signs that the legal actions, and their grave financial implications, have got reckless individuals and outlets on the run.Powell asked a judge to throw out the lawsuit against her, arguing that her assertions were protected by the right to free speech. But she also offered the unusual defence that she had been exaggerating to make a point and that “reasonable people would not accept such statements as fact but view them only as claims that await testing by the courts through the adversary process”.Two days after voting machine maker Smartmatic filed a $2.7bn defamation suit that alleged TV host Lou Dobbs falsely accused it of election rigging, Fox Business abruptly canceled Lou Dobbs Tonight, its most viewed show. It has also filed a motion to dismiss the Smartmatic suit.Meanwhile pro-Trump outlets have begun using prepared disclaimers or prerecorded programmes to counter election conspiracy theories spouted by guests. When Lindell launched into an attack on Dominion on Newsmax in February, co-anchor Bob Sellers tried to cut him off and then walked off set.RonNell Andersen Jones, a law professor at the University of Utah, told the Washington Post: “We are seeing the way that libel has become a real battleground in the fight against disinformation.“The threat of massive damages for spreading probably false conspiracy theories on matters of public concern could turn out to be the one tool that is successful in disincentivising that behaviour, where so many other tools seem to have failed.”The defamation suits will provide another test of the judiciary as a pillar of American democracy. The courts’ independence proved robust regarding dozens of lawsuits by Trump and his allies seeking to overturn the election outcome.Larry Jacobs, director of the Center for the Study of Politics and Governance at the University of Minnesota, said: “It is such an under-appreciated illumination of the multiple avenues for pursuing politics. Sometimes we get understandably absorbed by what Congress can do, which is obviously significant at times, but mostly fairly kind of deadlocked.“But we’re going to see the legal system prosecuting the 6 January perpetrators, prosecuting Donald Trump and prosecuting these libel charges by Dominion over the monstrous lies that were told after the election.“Thank goodness for the courts because the elected branches have really botched it.” More

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      'Welcome to the family': Fox News hires Lara Trump as a contributor

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      Sign up for the Guardian’s First Thing newsletter“Welcome to the family, Lara.”That’s how a Fox News host greeted Lara Trump, the daughter-in-law of Donald Trump, upon the announcement Monday that she would be joining the network as a paid contributor.Lara Trump, the wife of former presidential son Eric Trump, is already a bosom member of the family that matters most in Republican politics.But now the 38-year-old former TV producer has left her perch as senior adviser to the Trump campaign to sign on for a regular gig sharing her opinions and analysis in front of the cameras on Fox News.“I’m so excited first of all to be joining the Fox family,” she said in an appearance on the Fox & Friends morning program Monday.“I sort of feel like I’ve been an unofficial member of the team for so long, you guys know, it was kind of a joke, over the past five years I would come there so often that the security guards were like, ‘Maybe we should just give you a key’. So to be part of the team I’m so, so excited.”But Lara Trump’s elevation as a Fox News contributor was worthy of celebration in the kingdom of Rupert Murdoch not only for the truce it could signal between the network and Donald Trump, who turned bitterly against Fox News after the election.Lara Trump’s arrival as a news commentator could pave the way to a political career of her own that has for months circulated as a pleasing rumor in conservative circles.The former first daughter-in-law has been mooted as a potential Republican candidate for the US Senate seat in North Carolina to be vacated next year by retiring Republican Richard Burr.Born Lara Yunaska, Trump, 38, grew up in North Carolina and graduated college from North Carolina State University.Her viability as a potential political candidate is an open question, one sure to have strategists and donors scrutinizing her air time on Fox News.But she will also be watched for signs that relations between the network and the former president have warmed since last November, when Donald Trump grew impatient with Fox News for being slow to trumpet his lies about election fraud.“Very sad to watch this happen, but they forgot what made them successful, what got them there,” Trump tweeted of Fox News on 12 November – after the election but before his account was suspended. “They forgot the Golden Goose. The biggest difference between the 2016 Election, and 2020, was @FoxNews!”The contract between Lara Trump and Fox means that both partners of Trump’s two eldest sons were once or current Murdoch employees. Donald Trump Jr’s girlfriend Kimberly Guilfoyle was a Fox News presenter for more than a decade. More

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      Trump ally Nunes sees CNN Ukraine lawsuit thrown out by New York judge

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      A defamation lawsuit brought against CNN by the California Republican Devin Nunes, a leading ally of former president Donald Trump, was tossed out by a Manhattan judge on Friday.The lawsuit seeking more than $435m in damages was rejected by US district judge Laura Taylor Swain, who said Nunes failed to request a retraction in a timely fashion or adequately state his claims.Nunes alleged the cable news company intentionally published a false news article and engaged in a conspiracy to defame him and damage his personal and professional reputation. His lawsuit said CNN published a report containing false claims that Nunes was involved in efforts to get “dirt” on the then Democratic presidential candidate Joe Biden and his son, Hunter Biden.Lawyers for Nunes said in court papers CNN knew statements made by Lev Parnas and included in their report were false.Parnas, an associate of former New York City mayor Rudolph Giuliani, has pleaded not guilty in Manhattan federal court to making illegal contributions to politicians. His trial is scheduled for October.Parnas and another defendant worked with Giuliani to try to get Ukrainian officials to investigate Biden’s son, prosecutors said. Giuliani has said he knew nothing about the political contributions by the men. He has not been charged.The Ukraine affair led to Trump’s first impeachment, in which the Senate acquitted him in February last year. Trump was acquitted again last week, after being impeached a second time for inciting the Capitol riot.The Nunes lawsuit said Parnas was telling lies to try to get immunity.“It was obvious to everyone – including disgraceful CNN – that Parnas was a fraudster and a hustler. It was obvious that his lies were part of a thinly veiled attempt to obstruct justice,“ the lawsuit said.CNN lawyers said Nunes and his staff had declined to comment before publication on whether Nunes had met with a Ukrainian prosecutor.“Instead of denying the report before it was published, Representative Nunes waited until it appeared and then filed this suit seeking more than $435m in damages – labeling CNN ‘the mother of fake news’,” lawyers for CNN wrote. “In his rush to sue, however, Representative Nunes overlooked the need first to request a retraction.”The lawyers noted that California law, which Judge Swain said was appropriate for the case, requires that a retraction be demanded in writing within 20 days of the publication of a story. Messages seeking comment were sent to lawyers for Nunes and CNN. More

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      Stormy Daniels to Michael Cohen: Fox News movie brought back memory of sex with Trump

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      Stormy Daniels has said she could not remember key details of the sexual liaison she claims to have had with Donald Trump, until seeing a film about Roger Ailes’ sexual harassment of women at Fox News prompted her to remember.“I went to see that movie Bombshell,” she said, “and suddenly it just came back.”Daniels, an adult film star and director whose birth name is Stephanie Clifford, was speaking to Michael Cohen on the former Trump lawyer’s podcast, Mea Culpa, made by Audio Up Media and distributed by PodcastOne and LiveXLive. Excerpts were shared with the Guardian.Daniels also described Trump “doing his best yet horrifyingly disturbing impression of Burt Reynolds”, on a bed, clad only in his underwear.Daniels claims to have had sex with Trump in Nevada in 2006. He denies it, but a $130,000 hush money payment to Daniels reimbursed by Trump contributed to Cohen’s downfall in 2018.Trump’s longtime fixer was jailed for tax fraud, lying to Congress and violations of campaign finance law. He cooperated with investigators and published a book, Disloyal, while completing a three-year sentence.The payment to Daniels, and Cohen’s role in a payment to another woman, Playboy model Karen McDougal, during the 2016 election, are at the centre of ongoing investigations. Stripped of the protections of office, Trump is vulnerable to prosecution.Daniels’ appearance on Cohen’s podcast marks a rapprochement between the two. After Cohen orchestrated Trump’s attempts to keep Daniels quiet, Daniels had harsh words for Cohen in her own book, Full Disclosure.Daniels called Cohen a “dim bulb” and “a complete fucking moron”. She also detailed what she claims was a threat to her safety and that of her daughter, allegedly from Trump. In 2018, she said: “It never occurred to any of these men that I would someday have a voice.”Cohen is now a vocal critic of his old boss. Daniels remains a thorn in Trump’s side. “Both of our stories will be forever linked with Donald Trump, but also with one another,” Cohen said, apologising for inflicting “needless pain” and adding: “Thanks for giving me a second chance.”The details of Daniels’ alleged liaison with Trump at a charity golf event in Lake Tahoe in 2006 are well known, not least thanks to her book, which the Guardian first reported.“I couldn’t remember,” she told Cohen, “how I got from standing in that bathroom doorway to underneath him on the bed, like I couldn’t remember how my dress came off or how my shoes got off, because I know I took my shoes off because I clearly remember putting them back on and they were buckled, like they’re really gold strappy heels that were not easy to, you know, come off.“And I just, there’s like 60 seconds where I just had no recollection of it and it’s not in the book, and nobody really wanted to ask about it. They just wanted to know the details of what his appendage, or lack of appendage, looked like. And I was like, it really bothered me for, like, years, like, I definitely wasn’t drinking so I’m like why don’t I remember this.“And I’ll never forget this moment. I went to see that movie Bombshell, and suddenly it just came back.”Bombshell was directed by Jay Roach, starred Nicole Kidman, Charlize Theron and Margot Robbie and was released in 2019. It told the story of the downfall of Roger Ailes, chief executive of Fox News and a key Trump ally, over sexual harassment.Trump denies accusations of sexual harassment and assault by multiple women. Shortly before the 2016 election, Fox News killed a story about Trump and Daniels. Ailes resigned in July that year and died the following May.Daniels’ own case against Trump for defamation is heading for the supreme court. She told Cohen: “I’ve already lost everything, so I’m taking it all the way.”Of Lake Tahoe in 2006, Daniels also told Cohen she now remembered thinking, ‘Oh fuck, how do I get myself in this situation. And I remember even thinking I could definitely fight his fat ass, I can definitely outrun him. There’s a bodyguard at the door. But I wasn’t threatened, I was not physically threatened.“And then so I tried to sidestep … I was like, trying to remember really quickly, where did I leave my purse, like I gotta get out of here. And I went to sidestep and he stood up off the bed and was like ‘This is your chance.’ And I was like, ‘What?’ and he was like, ‘You need to show me how bad you want it or do you just want to go back to the trailer park.’”Daniels has said Trump told her he would get her a slot on The Apprentice, the reality TV show for which he was then most famous. At the time of the alleged encounter, Trump’s third wife, Melania Trump, had recently given birth to their son, Barron.Daniels told Cohen she went to the bathroom, then “was genuinely like startled to see him waiting” when she came out.“I just froze,” she said, “and I didn’t know what to say. He had stripped down to his underwear and was perched on the bed doing his best yet horrifyingly disturbing impression of Burt Reynolds.”She “didn’t say anything for years”, she said, “because I didn’t remember.” Now the star of a ghost-hunting reality TV show, Spooky Babes, she added: “I’ve been face to face with evil in the most intimate way. Demons don’t scare me any more.”Daniels has described what she says happened next. Speaking to CBS 60 Minutes in 2018, she said: “And I was like, ‘Ugh, here we go.’ And I just felt like maybe it was sort of … I had it coming for making a bad decision for going to someone’s room alone.”The interviewer, Anderson Cooper, said: “And you had sex with him.”“Yes,” Daniels said. More

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      Fox News cancels Lou Dobbs Tonight

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      Fox Business Network has canceled the show of Lou Dobbs, the ardent Donald Trump supporter with a history of espousing misinformation who promoted baseless conspiracy theories of voting fraud after the election.
      Friday evening marked the final airing of Lou Dobbs Tonight, Dobbs’ regular weeknight program. The Fox host was a major contributor to the false narrative that the election was stolen and continued espousing those views on his program even after admitting that they lacked actual proof.
      “Eight weeks from the election and we still don’t have verifiable, tangible support for the crimes that everyone knows were committed,” he said on air in January.
      Dobbs, 75, has hosted the program since 2011. Trump considered it must-see TV and even reportedly patched the host through during key policy meetings.
      Dobbs is still considered the highest-rated host on the Fox Business Network, and he has remained under contract even though he is not expected to reappear on a new show. His show’s slot, which airs twice on weeknights, will now be filled with a show called Fox Business Tonight, which will feature Jackie DeAngelis and David Asman as hosts.
      News of the cancellation came one day after Dobbs, 75, was named as a defendant in a defamation lawsuit filed by Smartmatic, an election technology company and voting machine maker, which accuses Dobbs and other Fox News anchors of promoting unfounded claims that Smartmatic was involved in a scheme to hand the presidency to Joe Biden.
      Citing the fabricated reporting, Smartmatic sued to the tune of $2.7bn. The 285-page lawsuit, filed in New York state supreme court, claims the network launched a “disinformation campaign” against the company, whose voting machines were only used in Los Angeles county. Trump’s former lawyers Rudy Giuliani and Sidney Powell who appeared as guests on the network, were also named in the defamation suit.
      Fox said the move to end Dobbs’ show had been in the works before the lawsuit.
      “As we said in October, Fox News Media regularly considers programming changes and plans have been in place to launch new formats as appropriate post-election, including on Fox Business,” a Fox News spokesperson said. “This is part of those planned changes.”
      On the Smartmatic lawsuit, Fox said on Thursday the network was “proud of our 2020 election coverage and will vigorously defend this meritless lawsuit in court”.
      Dobbs said he had no comment on Friday. More

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      'Kornacki khakis for the win!' Internet agrees MSNBC host is trousers icon

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      Presenter helps dun-coloured pants also worn by President-elect Biden roar back into geek chic fashionSteve Kornacki, the MSNBC pundit who broke the internet in November with his khaki trousers, returned to TV screens for the Georgia Senate runoffs this week. Related: ‘You can’t lose a single vote’: can Biden navigate the 50-50 Senate? Continue reading… More

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      in Elections

      As the White House changes hands, so will Fox News’ support of the presidency

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      When Joe Biden is sworn in as president on 20 January, cable news viewers may witness one of the most dramatic 180-degree turns in history.
      After four years of slavishly promoting the president, Fox News is expected to pump on the brakes within seconds of the inauguration ceremony.
      All of a sudden, the person in the White House is not a Republican. More than that, the network can no longer rely on the willingness of the president or his aides to call into Fox News any time of the day or night.
      The rightwing TV channel, and its big name hosts Tucker Carlson and Sean Hannity, will spend the next four years as the party of the opposition. The network has done this before, of course – the eight years of Barack Obama’s presidency weren’t that long ago – but Biden presents a different challenge.
      “Of course we can expect it to be relentlessly negative, but it’s a challenge on some levels, because he’s a 78-year-old white man, fairly moderate history,” said Heather Hendershot, a professor of film and media at MIT who studies conservative and rightwing media.
      “In the past they attacked Hillary Clinton very hard not only because she was liberal, but obviously there was some underlying sexism and misogyny there – and obviously the fact that Barack Obama was African American was central to rightwing attacks on him, either implicitly or explicitly, including on Fox News.”
      That’s not to say Biden’s government will escape attack, even if he dodges the worst.
      Kamala Harris will be the first Black vice-president, and could become a target for Fox News’ hosts. If Democrats win the two Senate runoff elections in Georgia, the Senate will be split 50-50, and Harris will cast the deciding vote.
      “[If that happens] she’s going to be out there front and center as a tie-breaker in Congress over and over again,” Hendershot said.
      “And every time that happens that is a way to tangentially attack Biden – it gives [Fox News and other rightwing outlets] a kind of ‘red meat’ to attack Kamala Harris, because she is both a woman and a person of color.”
      Biden claims he has nominated “the most diverse cabinet anyone in American history has ever announced”, with Janet Yellen set to be the first woman to be secretary of the Treasury, while Lloyd Austin, if confirmed, poised to become the first Black defence secretary.
      Pete Buttigieg, an occasional Fox News guest, is set to be the first openly gay cabinet secretary as head of transport.
      Fox News has already been attacking another diverse set of Democrats: Alexandria Ocasio-Cortez, Ilhan Omar, and other female, non-white members of Congress.
      Matthew Gertz, senior fellow at Media Matters for America, a media watchdog, said that’s a theme that has continued to dominate, even since Biden became the president-elect.
      “A lot of what we’re seeing right now is less of a focus on Joe Biden himself and more of this idea that he will somehow be a puppet for other figures that they find easier to attack – whether that is Kamala Harris, or Bernie Sanders, or Alexandria Ocasio-Cortez,” Gertz said.
      “That is an angle they pursued quite a bit during the campaign, and it’s something they’ve focused on during the transition as well.” More

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      Fox News retracts Smartmatic voting machine fraud claim in staged video

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      Fox News has taken a further step back from Donald Trump’s baseless allegations of election fraud with a bizarre apparent legal retraction aired during shows hosted by some of the president’s most fervent supporters.First broadcast on Fox Business on Friday, on Lou Dobbs Tonight, and repeated over the weekend on shows hosted by Maria Bartiromo and Jeanine Pirro, the segment was presented as a news interview with election technology expert Eddie Perez.In the three-minute video, described as “a closer look at claims about Smartmatic”, Perez answers questions posed by an unidentified interviewer about a Florida company that provided voting systems for the November election.Perez is asked questions such as “Have you seen any evidence that Smartmatic software was used to flip votes anywhere in the US in this election?” and “Have you seen any evidence of Smartmatic sending US votes to be tabulated in foreign countries?”He says he has not seen any such evidence.Earlier this week, Antonio Mugica, chief executive of Smartmatic, sent legal notices to Fox News and two other networks promoted by Trump, One America News Network (OANN) and Newsmax, assailing them for spreading “false and defamatory claims” in a “disinformation campaign”.“They have no evidence to support their attacks on Smartmatic because there is no evidence,” Mugica said in a statement. “This campaign was designed to defame Smartmatic and undermine legitimately conducted elections.”Trump lost the election to Joe Biden by 306-232 in the electoral college and trails by more than 7m ballots in the popular vote. But his false claims of voter fraud and irregularities in voting systems and technology have received sympathetic hearings on the three rightwing networks.The Fox News interview with Perez was described by a network source as “a fact-checking segment aired in the same format” as original reporting about Smartmatic.Speaking to CNN, Perez said: “My reaction was to observe, as many others have, how kind of strange and unique that particular way at presenting the facts was.“There was nothing in any of the preliminary conversations that I had with Fox News that gave me any indication that Smartmatic would be a matter of conversation. It was never mentioned that this was going to be a discussion about Smartmatic or even claims about private vendors. I was anticipating a broader discussion about the debate around the election [and] election integrity.”Perez said Fox News’ coverage of the election was “speculative and not based in fact” and conspiracy theories peddled by hosts were “harmful to enhancing public confidence in the legitimacy of election outcomes”.“I am not accustomed to seeing Lou Dobbs air very straightforward factual evidence,” he said.A Fox News spokesperson declined comment. Earlier, the network referred CNN back to the video.Erik Connolly, an attorney for Smartmatic, said the company would not comment “due to potential litigation”.In a statement to CNN, Newsmax denied making direct claims of impropriety against Smartmatic and said questions about the company and its software were based on “legal documents or previously published reports”.“As any major media outlet,” Newsmax said, “we provide a forum for public concerns and discussion. In the past we have welcomed Smartmatic and its representatives to counter such claims they believe to be inaccurate and will continue to do so.” More