Judge Rules Dominion Voting Systems’ Lawsuit Against Newsmax Can Proceed


OPINION: This article may contain commentary which reflects the author's opinion.

A Delaware judge has ruled that a defamation lawsuit against Newsmax filed by Dominion Voting Systems can proceed.

The voting machines firm accused Newsmax of purposely spreading false information about its voting technology in the 2020 election.

Superior Court Judge Eric Davis denied a motion from Newsmax to dismiss the case, saying the company “knew the allegations were probably false” about the voting technology and “there were enough signs indicating the statements were not true to infer Newsmax’s intent to avoid the truth.”

“Given that Newsmax apparently refused to report contrary evidence, including evidence from the Department of Justice, the allegations support the reasonable inference that Newsmax intended to keep Dominion’s side of the story out of the mainstream,” Davis wrote in his opinion.

“Dominion Voting Systems, a federally certified company selling voting machines and tabulators across the country, filed lawsuits in August against Newsmax and One America News, as well as Patrick Byrne, the former CEO of, alleging defamation. The lawsuits followed debunked claims spread by former President Trump that the 2020 election was rife with fraud. Trump’s legal team, including Rudy Giuliani and Sidney Powell, took aim at Dominion Voting Systems, accusing the company’s voting tech of manipulating votes in favor of President Biden,” The Hill reported.


“In its motion, Newsmax argued the standard of actual malice had not been set and that they were defended by a legal doctrine that allows journalists to report on newsworthy allegations by individuals,” the report added.

On Thursday, Davis agreed Dominion’s suit had enough basis to move forward.

“The Complaint supports the reasonable inference that Newsmax either knew its statements about Dominion’s role in the election fraud were false or had a high degree of awareness that they were false,” the judge wrote.

Beyond the ruling, Democrats are facing serious headwinds going into November’s midterms.

A new survey by the National Republican Congressional Committed shows Democrats in big trouble months out from the midterm elections.

The latest NRCC survey of 77 battleground congressional districts around the country found that Democrats are being held responsible by voters for a myriad of problems and issues, including record inflation, sky-high oil and gas prices, and a spend-happy Congress and White House.

The NRCC’s battleground survey covered the 77 battleground congressional districts that could determine control of Congress after redistricting. The committee surveyed these districts because they are currently held by the most ‘at-risk’ Democrats, whose districts President Joe Biden won by only five and a half points or less.

Here are some additional findings from the survey:

— Republicans top Democrats on a generic ballot by 4 points; the NRCC noted again that Biden won these districts by 5 points in the 2020 election;

— Since February 2021, Republicans have improved by 7 points in the survey;


— Three-quarters of swing voters said they see Dems as being “out of touch” on the issues and “condescending” towards average Americans;

— The top concerns among voters in these districts — and around the country, according to previous, separate surveys — are the rising cost of living, jobs, and the economy overall, in which Republicans get better marks than Democrats;

— A large plurality — 46 percent — of respondents indicated they are most concerned with economic issues, while 26 percent said that the cost of living and inflation should be priorities of the Biden White House and the Dem-controlled Congress, and 15 percent are most concerned about jobs and the economy;

— The GOP holds a 24-point lead over Dems on the generic ballot, with respondents most concerned about the rising cost of living, and a 20-point advantage with those who are most concerned about jobs and the economy;

— Fully 52 percent lay the blame on the Biden administration and Congressional Democrats over the party’s unwillingness to allow more domestic oil production, which they say is mostly what has caused gas prices to rise to new highs;

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— Just 31 percent of respondents blamed Russia for the spiking oil prices following its invasion of Ukraine;

— More than two-thirds, or 66 percent, say that spending by Democrats in Congress is out of control;

— Fifty-six percent said that high gas prices are hurting their families most, while 41 percent said that high food prices sting more.