Following the 2020 election, the deceptive claim that computerized voting machines had shifted votes from then-President Donald Trump to Joe Biden, costing Trump the election, was featured on Newsmax and other right-wing media outlets. The allegation has never been proven to be supported by any evidence.

Following this, Smartmatic launched a defamation case against Newsmax as well as other right-wing publications and personalities, such as Fox News, conspiracy theorist Mike Lindell, and Rudy Giuliani.Since then, Smartmatic and Newsmax have been involved in the protracted defamation lawsuit, which, barring an out-of-court settlement, is scheduled to go to trial in Delaware Superior Court in September.

Smartmatic stated in court filings that texts between Newsmax executives discussing the “decision not to call the (2020) election” are included in part of the 200,000 documents. Although some content in the court documents has been deleted, it appears from the context that Newsmax also provided fresh emails in which senior executives attacked their own programs and reporters.