Lawyers spar over evidence ahead of Smartmatic's election defamation case against Newsmax

Attorneys for the voting machine company Smartmatic and the cable channel Newsmax argued at a hearing Monday over evidence and witnesses expected to be presented when Smartmatic's defamation case against the news channel goes to trial later this month.Smartmatic has accused Newsmax of publishing dozens of false reports claiming that Smartmatic helped rig the 2020 election.Newsmax has argued, in part, that they were reporting on newsworthy claims of fraud.Howard Cooper, an attorney for Newsmax, argued at Monday's hearing that the news channel should be able to introduce videos of broadcast segments that he says rebut Smartmatic's argument that "Newsmax took this position of election fraud [and] not calling the election" for winner Joe Biden.MORE: Smartmatic's defamation lawsuit against Newsmax over 2020 election will head to trial"One of the ways that we can rebut that theory is by showing shows that were contrary to President Trump's position," Cooper said of former President Donald Trump, who falsely claimed there had been massive election fraud.The two sides also argued over the inclusion of witnesses who would testify about whether Newsmax, in the course of its reporting, reached out to Smartmatic -- or instead only reached out to Dominion, another voting machine company that was falsely accused of wrongdoing.Dominion, in a separate case last year, reached a $787 million settlement with Fox News in a $1.6 billion defamation lawsuit.Newsmax officials have said under oath that the company contacted or attempted to contact Smartmatic during its coverage of the election and its aftermath."We're not disputing that Dominion and Smartmatic are not the same," said an attorney for Newsmax.

"Some of these Newsmax personnel did get to contact Dominion.It is relevant to the case.

It's relevant to their state of mind."A Newsmax microphone is seen during the third day of the 2024 Republican National Convention at the Fiserv Forum in Milwaukee, July 17, 2024.Patrick T.Fallon...