Fox News alleged in new court filings Wednesday that voting technology company Smartmatic engaged in “brazen and purposeful” destruction of evidence in its $2.7 billion defamation lawsuit against the network. According to Fox, nearly two dozen Smartmatic executives and sales staff deleted relevant mobile data either shortly before or during the ongoing litigation.
Fox claimed the deletions were extensive, with some employees allegedly erasing nearly all of their mobile data, including text messages tied to Smartmatic’s damages claims. The filing also accuses Smartmatic’s CEO of instructing the company president to delete messages discussing “critical damages issues” and asserts another executive ordered subordinates to alter customer records to support the company’s lawsuit.
Smartmatic filed suit in 2021, alleging Fox knowingly spread false claims about its voting machines after the 2020 election. Fox has called the $2.7 billion demand “outlandish” and said Smartmatic’s damage claims are unsupported.
The accusations from Fox come one week after Smartmatic filed its own complaint accusing Fox of destroying messages — including texts from Rupert Murdoch and Lachlan Murdoch — which it described as “extensive and willful.” In response, Fox insisted any gaps in its own mobile data were inadvertent and had been voluntarily disclosed. The network said it took steps to mitigate the issue and provided thousands of documents in good faith.
