In
a counterclaim filed late Monday in a New York state court in
Manhattan, Giuliani said the voting machine company's defamation
lawsuit, which he characterized as baseless, interfered with his
constitutional right to speak freely on issues of public
concern.
"Smartmatic's litigation tactics, including its facially
implausible damages claims, are a naked attempt to attack a
well-known public figure" and amount to censorship, said
Giuliani, a former New York City mayor and lawyer for Trump.
J. Erik Connolly, a lawyer for Smartmatic, said: "Smartmatic is
confident in its claims against Mr. Giuliani."
Fox News and two other defendants, Fox Business anchor Maria
Bartiromo and former anchor Lou Dobbs, have filed similar
counterclaims citing New York's "anti-SLAPP" law, short for
"strategic lawsuits against public participation."
They and Giuliani, as well as Smartmatic, are appealing parts of
a March 8 decision by state Supreme Court Justice David Cohen
allowing most of Smartmatic's lawsuit to proceed.
Smartmatic claimed that Fox News, part of Rupert Murdoch's Fox
Corp, decimated its business with a bogus narrative that its
election software helped Biden, a Democrat, steal the election
from Trump, a Republican.
The Boca Raton, Florida-headquartered company said Fox News did
this to cater to Trump supporters, boost ratings and keep
viewers from defecting to smaller right-wing rivals Newsmax and
One America News.
Smartmatic faulted Giuliani for saying without evidence that the
company was formed by people close to Venezuelan President
Nicolas Maduro and his late predecessor Hugo Chavez, and founded
"for the specific purpose of fixing elections."
In his decision, Cohen found a substantial basis to suggest that
Fox News had "turned a blind eye to a litany of outrageous
claims" about Smartmatic, with reckless disregard for the truth.
Giuliani has had his New York law license suspended and faces
ethics charges in Washington over his election claims.
The case is Smartmatic USA Corp et al v Fox Corp et al, New York
State Supreme Court, New York County, No. 151136/2021.
(Reporting by Jonathan Stempel in New York; editing by Jonathan
Oatis and Richard Pullin)
[© 2022 Thomson Reuters. All rights
reserved.]
This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content.
![](column_spacer.png)
|
|