Newsmax accused of deleting evidence that it was spreading 2020 election lies

The chief executive of Newsmax deleted text messages and the company allowed key employees to delete emails as part of an effort to conceal evidence the outlet knew it was broadcasting falsehoods about the 2020 election, lawyers for the voting machine company Smartmatic said in an acerbic court filing last week obtained by the Guardian.

The allegations were made as part of a motion for sanctions in an ongoing defamation case Smartmatic filed against Newsmax for making false and outlandish claims about the company after the last presidential election. The case is planned to go to trial in September in Delaware superior court.

The motion, which contains significant redactions, says Newsmax’s chief executive, Christopher Ruddy, deleted text messages after the company was asked to preserve documents and communications as part of a lawsuit. Smartmatic also alleges that Newsmax allowed emails from Gary Kanofsky, its news director, who tried to warn other Newsmax staffers against broadcasting false claims about Smartmatic, to be deleted.

Smartmatic attorneys also claim that Newsmax allowed messages from the editorial director, David Perel, to be deleted even though he warned Ruddy about the credibility of a source and was responsible for drafting Newsmax’s journalistic practices.

Newsmax, which denies publishing libelous claims, did not immediately respond to a request for comment. NBC News first reported the court filing.

The messages are relevant to the case because Smartmatic needs to prove that Newsmax had “actual malice” and knew the statements were false or acted with reckless disregard to the truth and published them anyway.

“Newsmax destroyed the text messages and emails of key executives responsible for its defamatory