Smartmatic accuses the defendants of spreading the false story that it rigged the race against former President Donald Trump.
Clement responded that that particular claim had been made in the context of a conversation with Giuliani, at the time a lawyer for Trump, who alleged nefarious links between Smartmatic and another company, Dominion Voting Systems.
Clement argued in the hearing that the claims made on Fox, by its hosts or Trump's legal team, do not rise to the legal standard of defamation and are protected by the First Amendment. He also noted that guests like Powell and Giuliani were newsworthy figures discussing the biggest story of the day. Smartmatic lawyer Erik Connolly said in response that Dobbs "did everything that he could to reinforce the notion that he and his guests were providing concrete facts to the audience."
Cohen then asked Kleinhendler to explain the basis for a slew of Powell's claims involving Smartmatic, including that it flipped "millions" of votes and that its company handbook explains how to wipe away votes. Kleinhendler was unable to respond to some of the claims presented to him by the judge.
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