Fox News filed a motion on Wednesday accusing almost two dozen Smartmatic executives and sales employees of destroying or intentionally concealing evidence related to the election machine company’s lawsuit against the cable network.
The news network alleges that Smartmatic CEO Antonio Mugica ordered the company’s president, Roger Pinate Jr., to delete messages that discussed issues about the company’s $2.7 billion lawsuit against Fox News. Pinate Jr. has subsequently been indicted for a scheme to pay $1 million in bribes to foreign governments to see their machines used in elections.
The network also argues that deleted messages by the election machine company “have left serious gaps in the record from individuals who were directly responsible for developing Smartmatic’s far-fetched damages story.” It alleges that the actions by company leaders were widespread, arguing that nearly two dozen employees deleted messages and data related to the case either “shortly before or while this case was pending.”
Lawyers for Fox News have requested sanctions against Smartmatic for the conduct.
“Smartmatic’s flagrant discovery misconduct cannot be tolerated,” the filing from Fox News attorneys alleges. “Fox seeks an order finding intentional spoliation by Smartmatic, and entering all relief that the Court deems appropriate, including but not limited to adverse inferences that the spoliated evidence undermined Smartmatic’s damages claims, striking Smartmatic’s lost-profits claims for opportunities arising after 2022, and limiting Smartmatic’s general damages claims to nominal damages.”
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