Rudy Giuliani, Sidney Powell, and Fox News have August date confirmed for court bid to dismiss $2.7 billion Smartmatic lawsuit

·2 min read
A Fox News broadcast featuring host Lou Dobbs and lawyer Rudy Giuliani
A November 12, 2020 Fox News broadcast screenshot filed as an exhibit by Smartmatic in May. Fox News via New York County Clerk
  • Rudy Giuliani and Fox News will argue for dismissal of a $2.7 billion defamation case on August 17.

  • Voting-machine company Smartmatic said they spread false claims about the presidential election.

  • Defendants include Trump lawyers Giuliani and Sidney Powell, along with a cast of Fox News hosts.

  • See more stories on Insider's business page.

A New York Supreme Court on August 17 will hear arguments from Rudy Giuliani, Sidney Powell, and Fox Corporation in their bid for the dismissal of a $2.7 billion defamation case brought by Smartmatic.

The election-technology company said in its February complaint that the defendants - including Fox News and hosts Jeanine Pirro, Maria Bartiromo, and Lou Dobbs - spread disinformation about the November 2020 presidential election.

The arguments are set for 9:30 a.m. in front of Judge David Benjamin Cohen, according to the court.

Giuliani and Powell, lawyers for President Donald Trump, appeared on Fox News following the election to say the election had been rigged by Smartmatic and Dominion Voting Systems.

The pair "needed to identify a villain" to make their story about election fraud work, Smartmatic said in its complaint.

The complaint said: "They knew of President Trump's popularity. They knew he had millions of loyal followers. To rile them up, to get them angry, to get them to donate money, Mr. Giuliani and Ms. Powell needed a villain in their story. They needed someone they could say had rigged and stolen the election from a President admired and adored by millions."

It added: "Mr. Giuliani and Ms. Powell settled on two villains: Smartmatic and Dominion."

Fox News in April sought to dismiss the case, saying its hosts didn't have a responsibility to fact-check lawyers for a sitting president.

Powell's lawyers earlier this month said her Fox News spots were "about election integrity" and were not attempts to raise money.

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