New documents have been filed in the defamation case brought by Smartmatic against Newsmax that allege Newsmax destroyed documents that prove they were peddling the “Big Lie” to its consumers.
The filing was included in a motion for sanctions that say Newsmax’s chief executive, Christopher Ruddy, deleted text messages after the company was asked to preserve documents and communications as part of the lawsuit.
Newsmax also allowed emails from Gary Kanofsky, its news director, who tried to warn other Newsmax staffers against broadcasting false claims about Smartmatic, to be deleted.
Smartmatic also says that Newsmax allowed documents from its news director, David Perel, to be deleted. Perel had warned CEO Ruddy about the credibility of a source, and was responsible for the “journalistic” practices of Newsmax.
“Newsmax destroyed the text messages and emails of key executives responsible for its defamatory campaign against Smartmatic. This was not a mistake,” Smartmatic lawyers wrote in the court papers. “Newsmax’s cover-up worked. Critical documents, including text messages and emails going directly to Newsmax’s actual malice and motive, were permanently deleted.”
Newsmax denies the allegations.
Trial is set for September in Delaware Superior Court.