Fox News loses bid for Smartmatic voting-tech company's records about Philippines bribery case

NEW YORK (AP) — Smartmatic won't be required to give Fox News a trove of information about U.S. federal charges against the voting machine company's co-founder over alleged bribery in the Philippines, a judge ruled Thursday.

Fox News and parent Fox Corp. sought the information to help fight Smartmatic's $2.7 billion defamation suit over broadcasts about the 2020 U.S. presidential election. Smartmatic says its business was gutted when Fox aired false claims that the election-tech company helped rig the voting.

Fox says it was simply reporting on newsworthy allegations made by then-President Donald Trump and his allies.

At the same hearing, Judge David B. Cohen also turned down Smartmatic's request to question two Fox Corp. board members. The company has already questioned others.

The Aug. 8 indictment of Smartmatic co-founder Roger Piñate and two other executives concerns a geographically distant matter: Smartmatic's efforts to get work in the Philippines between 2015 and 2018.

But Fox maintains the criminal case is pertinent to Smartmatic's business prospects, and therefore to the election-tech company's claims about what it lost and stands to lose because of Fox's 2020 coverage.

“As of Aug 8, governments will have to take into account the risks of doing business with a company (where some executives have been) accused of serious corruption by the U.S. Department of Justice," Fox lawyer Brad Masters told a New York court Thursday.

He asked the court to order Smartmatic to provide any documents that it has given to the DOJ for the bribery investigation; any customer inquiries about the criminal charges; and any staff communications about the matter and its impact on the company.

The indictment accuses Piñate and two other Smartmatic executives of scheming to pay over $1 million in bribes to a Filipino election official to deploy the company's machines and pay promptly for them. Federal prosecutors say the payments were made through sham loan agreements and via a slush fund created by overcharging for the machines.

Piñate, who has served as Smartmatic’s president, and at least one of the other executives have pleaded not guilty to conspiring to violate the U.S. Foreign Corrupt Practices Act and to money laundering. It’s unclear from court records whether the third executive has entered a plea or has an attorney who can comment on the charges.

Boca Raton, Florida-based Smartmatic itself isn’t charged in the criminal case. The company put the executives on leave and sought to reassure voters that elections are “conducted with the utmost integrity and transparency.”

Smartmatic's lawyers contend the indictment is irrelevant to the defamation suit, which is about election-fraud claims that Trump's attorneys made on Fox News programs.

The indictment is “merely an allegation,” Smartmatic attorney Caitlin Kovacs argued Thursday. She suggested Fox wanted to “play prosecutor to the jury” and “accuse Smartmatic of a crime that they didn’t commit.”

Cohen denied two similar requests from Fox while the federal investigation was ongoing. He said Thursday that the indictment didn't change his mind.

“It’s a mere accusation. It raises no presumption of guilt,” he said.

Smartmatic is suing over shows in which Trump lawyers Rudy Giuliani and Sidney Powell portrayed the company as part of a broad conspiracy to steal the 2020 vote from Trump, a Republican and the winner of this year's election.

Federal and state election officials, exhaustive reviews in battleground states and Trump’s own then-attorney general found no widespread fraud that could have changed the outcome of the 2020 election. Nor did they uncover any credible evidence that the vote was tainted. Dozens of judges, including some whom Trump appointed, rejected his fraud claims.

Fox News ultimately aired an interview with an election technology expert who refuted the allegations against Smartmatic.

As is normal in the run-up to a civil trial, various players connected to both parties have been questioned under oath by the other side's lawyers. These out-of-court sessions are called depositions.

Smartmatic wanted Thursday to get depositions ordered for Fox Corp. board members Chase Carey and Roland Hernandez. The two attended meetings where critical decisions were made, Smartmatic argues.

Fox lawyer Devin Anderson said there's no indication that Carey and Hernandez “have any relevant information” to add. Smartmatic already has questioned other board members, including Executive Chair and CEO Lachlan Murdoch and former House Speaker Paul Ryan, as well as Fox founder Rupert Murdoch, the attorney said.

Depositions generally aren't made public at this stage of a case.

Smartmatic lawyer Erik Connolly said after court that the company was pursuing other information to show “that Fox Corp. controlled the disinformation spread by Fox News.”

A message seeking comment was sent to Fox. The news network is countersuing Smartmatic, claiming the defamation case violates a New York law against baseless suits aimed at squelching reporting or criticism on public issues.

Smartmatic recently settled defamation suits against One America News Network and Newsmax. Fox News settled for $787 million last year with another voting-technology company, Dominion Voting Systems.

FILE - A headline about President Donald Trump is shown outside Fox News studios, Nov. 28, 2018, in New York. (AP Photo/Mark Lennihan, File)

FILE - A Smartmatic representative demonstrates his company's system, which has scanners and touch screens with printout options, at a meeting of the Secure, Accessible & Fair Elections Commission, Aug. 30, 2018, in Grovetown, Ga. (Bob Andres/Atlanta Journal-Constitution via AP, File)

MELBOURNE, Australia (AP) — It's not often that a man is able to follow up his first Grand Slam title by repeating as the champion at the same tournament a year later, which is what Jannik Sinner will be trying to do Sunday when he faces Alexander Zverev in the Australian Open final.

The last time it happened was nearly 20 years ago: Rafael Nadal accomplished that sort of repeat at the 2005 and 2006 French Opens. He turned out OK.

For the No. 1-ranked Sinner, the past year also included the doping case that is still unresolved. He tested positive for a trace amount of an anabolic steroid twice in March, which didn't become public until his exoneration was announced shortly before the start of play at the U.S. Open — which he won. There is a hearing in the World Anti-Doping Agency's appeal scheduled in April.

“He finds playing tennis matches to be his safe place. That’s where he can go and do his thing and feel like this is what he knows, this is what he understands, what is what he’s good at. It become a home for him to step on to the court and play tennis,” said one of Sinner's two coaches, Darren Cahill, who will leave the team after this season.

“There's been a lot of pressure around him for the last nine months now, since April last year. He deals with it as well as anybody that I’ve ever seen deal with pressure," Cahill said. "He’s an amazing young man that’s been able to put that to one side. ... He has a clear conscience.”

Over these two weeks in Australia, Sinner also dealt with health issues. He got medical attention when he felt dizzy and had an upset stomach during his fourth-round victory against No. 13 Holger Rune, then cramping late in his semifinal win over No. 21 Ben Shelton.

“There's a lot of things going on, on and off the court. I try to isolate myself a little bit, trying to be myself on the court. Sometimes it’s a bit easier. There are days where it’s easier, days where I struggle a little bit more,” said Sinner, a 23-year-old from Italy who can become the youngest man to win consecutive championships at the Australian Open since Jim Courier in 1992-93.

“I'm just happy to put myself in this position again,” Sinner said, “to play for a big trophy again.”

Standing in his way is No. 2 Zverev, a 27-year-old from Germany who is 0-2 in previous major finals, losing both in five sets — to Dominic Thiem at the 2020 U.S. Open after taking the first two sets and holding a match point, and to Carlos Alcaraz at last year's French Open after leading by two sets to one. Zverev won his semifinal in Paris last June hours after an out-of-court settlement was announced in Berlin that ended a trial stemming from an ex-girlfriend’s accusation of assault during a 2020 argument.

Zverev got his spot in the Australian Open final — play is scheduled to start at 7:30 p.m. local time (3:30 a.m. EST) on Sunday — when 24-time major champion Novak Djokovic stopped playing because of a leg injury just one set into their semifinal on Friday.

This will be the first title match at Rod Laver Arena between the men seeded 1 and 2 since No. 1 Djokovic defeated No. 2 Nadal in 2019.

“Jannik has been the best player in the world for the past 12 months,” Zverev said. “There’s no doubt about it.”

That is not really up for debate.

Sinner went 73-6 in 2024 with eight titles, the most on the ATP Tour since 2016, and is currently on a 20-match winning streak that began late last season.

He is listed as a -275 money-line favorite against Zverev, according to BetMGM Sportsbook.

But don't expect Sinner to proclaim that status or be willing to talk about himself in glowing terms.

“Back of my head, I also know that I’m 23 years old, and I am not perfect, no? I know that I have things still to improve. I have certain areas where I can get better. That’s why we work,” Sinner said. “Every day is a big challenge. Every day you have a different opponent. You try to understand what’s happening. Sometimes you have some issues and then trying to understand that whatever works best for that day and trying to go for it.”

Alexander Zverev of Germany plays a forehand return to Novak Djokovic of Serbia during their semifinal match at the Australian Open tennis championship in Melbourne, Australia, Friday, Jan. 24, 2025. (AP Photo/Ng Han Guan)

Jannik Sinner of Italy plays a backhand return to Ben Shelton of the U.S. during their semifinal match at the Australian Open tennis championship in Melbourne, Australia, Friday, Jan. 24, 2025. (AP Photo/Ng Han Guan)

Alexander Zverev of Germany serves to Novak Djokovic of Serbia during their semifinal match at the Australian Open tennis championship in Melbourne, Australia, Friday, Jan. 24, 2025. (AP Photo/Ng Han Guan)

Jannik Sinner of Italy receives medical treatment during his semifinal match against Ben Shelton of the U.S. at the Australian Open tennis championship in Melbourne, Australia, Friday, Jan. 24, 2025. (AP Photo/Ng Han Guan)

Jannik Sinner of Italy signs autographs after defeating Ben Shelton of the U.S. in their semifinal match at the Australian Open tennis championship in Melbourne, Australia, Friday, Jan. 24, 2025. (AP Photo/Manish Swarup)

Alexander Zverev, right, of Germany embraces Novak Djokovic of Serbia after Djokovic retired from their semifinal match at the Australian Open tennis championship in Melbourne, Australia, Friday, Jan. 24, 2025. (AP Photo/Ng Han Guan)

Jannik Sinner of Italy reacts during his semifinal match against Ben Shelton of the U.S. at the Australian Open tennis championship in Melbourne, Australia, Friday, Jan. 24, 2025. (AP Photo/Ng Han Guan)