Judge: Newsmax Defamed Denver-Based Dominion Voting Systems

With Donald Trump's second presidency dominating the news cycle, it's hard to remember when he was on the outside looking in, denying the results of the 2020 presidential election and claiming it was rigged with the help of Democrat-friendly voting technology companies.

But the ramifications of that lengthy tantrum continue. On April 9, Delaware Superior Court Judge Eric Davis determined that pro-Trump channel Newsmax had defamed Denver-based Dominion Voting Systems by falsely accusing the company of rigging the 2020 presidential election. It was one of several key rulings in Dominion's $1.6 billion suit against Newsmax, made in advance of an April 28 jury trial.

Despite all the accusations against Dominion, which provides voting technology for most Colorado counties as well as dozens of states, no proof has been found of malfeasance. "Thousands of audits and recounts since November 2020 have confirmed the accuracy and integrity of election results and verified the reliability of Dominion's certified voting systems," the company says on its website, where it has defended Dominion's reputation vigorously over the last four-plus years.

Davis's damning rulings were similar to those he made two years ago, in Dominion's case against Fox News for its election-denier reports. On the eve of trial in April 2023, that case was settled for a record-breaking $787 million.

Like Fox, in late 2020 Newsmax had reported that Dominion aided in election fraud and manipulated votes; it also linked Dominion to Venezuela, and said that it had paid kickbacks to government officials. In his ruling, Davis determined these charges were false and amounted to defamation.

But did the Newsmax reports display "actual malice" that would justify a big payout to Dominion? That would be for a jury to decide...if this case makes it to a jury.

In the meantime, Newsmax put on a game face for the court of public opinion. “Newsmax covered both sides of the 2020 election dispute fairly,” it said in a statement released after the ruling. “At no time did it defame Dominion. This case represents a serious threat to free speech and a free press and Newsmax will defend itself vigorously at trial.”

Earlier this month, Newsmax debuted on the New York Stock Exchange after raising $75 million in an initial public offering. Late yesterday, as much of the market rallied in the wake of again-President Trump's tariff flipflop, shares were down more than 10 percent.

Dominion has other defamation cases pending, including one against Rudy Giuliani and another against Mike "My Pillow" Lindell, who appeared on Newsmax. In the meantime, a Dominion spokesperson says the company is "gratified by the court’s thorough ruling.”