SMARTMATIC ALIGA THAT Fox News destroyed text messages in the case of 2020 elections while Fox wins new documents

The multimillion -dollar defamation demand presented by the Smartmatic Against Fox News voting machine company rose this week with new accusations presented by SmartMatic that Fox executives destroyed text messages, and a new Fox News ruler won that it will allow them to access new documents that could help their defense.

Smartmatic, in a judicial presentation on Wednesday, claimed that Fox News and Fox Corp “orchestrated the destruction of text messages at all levels of their corporate hierarchy”, a presentation that occurs when Fox continues to fight against the demand for defamation presented by the voting machines on the electoral claims of the 2020 network.

Smartmatic states that those who “eliminated their texts” include founder Rupert Mudoch and President Lachlan Murdoch.

“The destruction was not isolated or accidental,” says the presentation, which was largely written. “It was extensive and voluntary.”

The claims were revealed in an introduction to the motion that was publicly presented to the Court, although the rest of the motion remained written due to a “confidential stipulation” of 2022 between the parties.

Smartmatic sued Fox and others accused in 2021, claiming that “knowingly and intentionally” they lied to Smartmatic following the 2020 elections regarding the statements of fraud of voting machines, which makes Smartatic lose business.

Fox has said they were covering accusations of journalistic interest made by President Donald Trump and others, and has accused Smartmatic of seeking to benefit a lawsuit.

In his presentation, Smartmatic alleges that “Fox Custodians” eliminated his text messages from November and December 2020, creating “a probative vacuum.”

“Fox has eliminated the contemporary texts that would have revealed more evidence of what Fox executives knew about the falsity of their transmissions and why Fox continued to broadcast them anyway,” says the presentation. “Although he defended the electoral fraud in the air, behind the scene, Fox said that many of the incriminating communications of his executives would never see daylight.”

As such, Smartmatic is asking that the jury in the case “be accused of an adverse inference instruction”, a legal instruction given by a judge to a jury that allows them to assume that the evidence not available was unfavorable for the party that could not produce it.

The presentation of Smartmatic occurs a day after a New York Appeals judge ruled that Fox News can obtain access to documents related to an ongoing investigation of the Department of Justice on three Smartmatic executives.

In a statement, Fox said that Smartmatic’s motion was “a desperate attempt to distract” the ruling winner Fox News insured on Tuesday in the case.

“Weakly smartmatic tries to resurrect rancid and foundation discovery problems that Fox revealed and resolved two years ago,” the statement said. “These problems are not related to the merits of the Smartmatic case, which has collapsed at each step.”

The statement continued to say that Fox would present its own motion shortly “that describes the real massive failure of Smartmatic to preserve the evidence, including the direct written instructions by the Smartmatic CEO to eliminate the relevant text messages on the eve of submitting this demand.”

Last year, three current and previous executives from Smartmatic in a criminal accusation accused them of a “bribery and money laundering scheme” to obtain contracts in the Philippines, according to an accusation, which does not appoint Smartmatic by name.

A judge ruled that the documents were “clearly relevant” for smartmatic profits, which Smartmatic has claimed that it collapsed due to the statements related to the elections made by Fox. But Fox News has argued that there were other factors for the alleged smartmatic lost profits, such as the criminal accusation.

In a statement that responded to the ruling, Smartmatic lawyers said that “they had already agreed” the discovery.

“Fox who tries to blame anyone who is not himself for smartmatic injuries is just Fox’s lies,” said Smartmatic’s legal advisor Erik Connolly. “Scripture is on the wall. Lies have consequences.”

Fox representatives praised the ruling, saying in a statement that they were “pleased” with the ruling and that the “objective evidence shows that the business and reputation of Smartmatic suffered a lot long before President Trump’s lawyers on Fox News and that Smartmatic rushed their damage to generate the headlines and free speech.”

The materials that Smartmatic must reveal include “all internal documents related to discussions or analysis of the impact of the accusation in the company”, as well as “all communications received from any real or potential client on the accusation.”

In a statement at that time, Smartmatic said: “Electoral fraud has not been alleged and that Smartmatic is not accused. Voters around the world must be sure that the elections in which they participate are held with the greatest integrity and transparency. These are the values ​​that Smartatic lives.”