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‘There is real teeth to this’: Legal experts weigh in on Smartmatic’s $2.7 billion lawsuit against Fox News

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That’s what CNN senior legal analyst Laura Coates told Erin Burnett Thursday night when discussing Smartmatic’s $2.7 billion defamation lawsuit against Fox News, three of the network’s hosts (Lou Dobbs, Maria Bartiromo, and Jeanine Pirro), Rudy Giuliani, and Sidney Powell.

“When you are making statements that are knowingly false, and you make them with malice, and you actually tarnish reputations and it has a financial consequence — that’s why you have defamation lawsuits in the first place,” Coates said, explaining the seriousness of the lawsuit.

Coates is not alone in believing Smartmatic’s suit poses real threat to Fox. University of Georgia media law professor Jonathan Peters noted on Twitter that “libel law makes it difficult to prevail where the plaintiff is a public figure and/or where the speech involved a matter of public concern. In various ways, these will be key issues in litigation.” But, Peters added that he believed the “smart money” is on Smartmatic.
That seemed to be the general consensus among legal experts who commented on the case Thursday. Despite Fox describing the suit as “meritless,” Powell calling it a “political maneuver,” and Giuliani saying he looked forward to discovery, most legal experts believed it to have some bite. “This lawsuit is a legitimate threat — a real threat,” CNN legal analyst Ellie Honig said. “There is a real teeth to this.” And Roy Gutterman, who directs the Tully Center for Free Speech at Syracuse University, echoed to WaPo, “This complaint establishes a compelling narrative in its 270-plus pages. It will certainly be interesting to see how the defendants frame their responses.”

This is not a nuisance suit

Brian Stelter writes: “Libel suits against media organizations are typically filed on a slippery slope. Journalists have good reason to be concerned about these types of cases. And nuisance lawsuits against newsrooms are a real problem. But I think it’s safe to say that Smartmatic’s action against Fox is not a nuisance suit, and it has little to do with news. It’s going to be hard for Fox to wrap its hosts in a press freedom flag. This case is about entertainers who gave fuel to lies in a desperate bid to keep Trump in power.”

“Disinformation has free reign right now”

When I spoke with Smartmatic’s lawyer, Erik Connolly of “pink slime” fame, about the case, I did press him on whether he was worried his suit could set a precedent that could ultimately harm press freedoms. His response was that the lawsuit would actually be beneficial to legitimate news orgs. “I think it’s the type of case that has to be brought right now to try to get us away from disinformation,” Connolly told me. “Disinformation has a free rein right now. This kind of case can be a shot across the bow that courts can deliver that says, ‘Let’s get back to reality. Let’s get back to factual reporting.'”

A world of people “telling outright lies”

Stelter writes: “I was struck by something Roberta Kaplan, a lawyer representing author E. Jean Carroll, told the NYT. Carroll is suing Trump for defamation. Kaplan ‘stated that the profusion of defamation circumstances associated to the previous president was notable,’ since there’s been a perception that such cases are hard to win. ‘What’s changed,’ Kaplan said, ‘and why we’re seeing so many more defamation cases today than ever before, is because, frankly, we’re living in a world in which people with legitimacy and authority seem to feel no compunction whatsoever about just telling outright lies.’ This is partly why other legal experts are saying Smartmatic has a strong argument — the lies are explicit and easily debunked. And that’s why it may not be so hard to prove that Fox and its hosts knew, or should have known, that they were telling lies — which is the ‘actual malice’ standard that public figures have to meet in defamation cases…”

The lies have consequences

It’s crucial to point out the consequences the slew of conspiracy theories pushed against Smartmatic have had for the company. In its lawsuit, Smartmatic detailed some of the ramifications: a wave of threats against its employees, a “meteoric rise” in cyberattacks, and hundreds of millions of dollars in projected revenue losses. CEO and founder Antonio Mugica told me that there was “no choice” the company had but to file the lawsuit. “The disinformation campaign that was launched against us is an obliterating one. For us, this is existential, and we have to take action.”



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Technology

The real cost of being the ultimate Samsung fan: Nearly $91,000

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So we were wondering: How much would it cost the ultimate Samsung fan if they could spend all they wanted on each of Samsung’s highest-end devices?

Samsung’s biggest fan would pay more.

At $1,999.99, Samsung’s latest foldable smartphone, the Galaxy Z Fold 2 with 5G, is the most expensive phone in the company’s current lineup. (Note: Samsung (SSNLF) is currently offering site-wide discounts, so this article includes prices as they are listed on its site as of Thursday. Trade-ins can lower prices even more.)
Released in September, the device features a 6.2-inch front screen and a 7.6-inch inner screen when the device is unfolded, a helpful feature if you frequently find yourself working, gaming or watching video content on the go. The folding display is coupled with software features that Samsung says will help users to multitask, including the ability to have multiple apps open simultaneously.

The phone comes in metallic silver, gold, red and blue.

There are more perks, too, for those willing to shell out for the Galaxy Z Fold 2: Samsung is offering six free months of Spotify Premium and four free months of YouTube Premium. Customers who buy the phone can also enroll in Samsung’s “Galaxy Z Premier” VIP benefits program, which includes access to Michelin star restaurants and golf and country clubs around the country, among other offerings.

You’ll want a case to protect that pricey device. You can get a luxe-looking, brown leather cover for $79.99. And a wireless charger portable battery pack for $59.99 will help ensure your device doesn’t die on you while on the go. Samsung Care+ for the phone costs $11.99 per month.

Total: $2,151.96

Audio

Samsung’s highest-end, over-the-ear headphones are the AKG N700NC M2 Wireless Headphones, which sell for $299.99. These foldable headphones have up to 23 hours of battery. They’re Android- and iOS-compatible, with the ability to switch between two different Bluetooth devices.

For on-the-go, Samsung offers the Galaxy Buds Live for $129.99. They have an ergonomic design, about 6 hours of battery life and can connect to your phone’s smart assistant with just your voice. Two other neat features: just five minutes of charging will get you an extra hour of listening, and “active noise cancellation,” which “reduces background noises” without blocking “what’s important, like voices and announcements,” the company says on its website.

They come in bright colors including blue, red and pink.

Total: $429.98

Watch

Samsung calls the Galaxy Watch3 Titanium its “most advanced” smartwatch. It boasts “military-grade durability and water resistance,” a battery that can go for more than a day on a single charge and a 45 millimeter display. Health features include heart-rate monitoring, automatic workout tracking, a sleep monitor and breathing guides to help with stress. Integrated Samsung Pay will help if you forget your wallet at home.

The smartwatch is Bluetooth-connected, and Android and iOS compatible. Currently, it’s going for $499.99, rather than the original price of $599.99.

A leather watch band will cost you $79.99.

For their watch, phone and ear buds, users can also get a UV sanitizer, which doubles as a wireless charger, for $39.99.

Total: $619.97

Computer

The Galaxy Book Flex QLED is Samsung’s priciest personal computer. It comes in two screen sizes — 13.3-inch and 15.6-inch -— the latter of which totals $1,399.99 without a trade-in.

The Galaxy Book Flex features a convertible design that lets it flip from laptop to tablet, a touchscreen QLED display, a 10th generation Intel Core processor and 512 GB of storage. It also has 19 hours of battery life, a Bluetooth enabled stylus and a trackpad that can become a wireless charger for other devices using PowerShare.

You can get a 3-year SamsungCare+ protection and support package for $349.99 and a Galaxy Book S pouch for $79.99 to protect your device. For extra storage, you can get a 2 TB portable storage drive for $229.99.

And for your home office set-up, you can also get a Samsung 32-inch Smart Monitor with auto-installed Microsoft 365 and a suite of entertainment apps for $369.99.

Total: $2,429.95

Tablet

In case a laptop that doubles as a tablet just isn’t enough for you, Samsung’s Tab S7+ tablet is the highest-end option. It offers a 12.4-inch screen with an edge-to-edge display and a 120Hz refresh rate, as well as 512 GB of memory.

The wifi-connected version currently goes for $899.99, and the cell network-connected version costs $1,049.99. It boasts up to 14 hours of video playback on a single charge, and comes with a stylus and four months of ad-free YouTube Premium included.

Three years of Samsung Care+ for the device rings in at $159.99.

Total: $1,209.98, for the cell network-connected version

Television

Samsung is running a promotion on its $99,999.99 98-inch, 8K smart TV (yes, that’s an 8-foot wide television), so it’s currently only $59,999.99. It uses AI to scale graphics up to 8K resolution — 16 times the resolution of full HD.

Add four years extended warranty and wall mount service, for a total of $62,669.98.

Total: $62,669.98

Kitchen appliances

Samsung has long been a household name when it comes to appliances, and in recent years it’s decked out some products, such as the standard fridge, with features like voice control and AI.

While Samsung sells “kitchen packages” that include a fridge, gas range, dishwasher and microwave that help you save a few hundred dollars, let’s just posit that you purchase your items separately, over time, as you gradually replace older appliances. The company also charges extra fees to install the appliances and haul away your old ones, as well as for Samsung Care+ coverage.

Family Hub Refrigerator

This 22-cubic-foot smart fridge retails for $4,799, but is on sale for $4,099. It costs slightly more than its bigger cousin, as this shallower version is best suited in kitchens with a narrow fridge space. It costs an extra $129.99 to extend the warranty by three years.

The fridge works with a water filter that’s compatible only with Samsung’s, and a three pack will set you back $129.99. The Family Hub is a stainless steel fridge that lets you create shopping lists using voice command, and you can see inside it without opening the doors via 3 built-in cameras.

Dishwasher

Samsung’s matching stainless steel dishwasher retails for $1,049 and is on sale for $749.

Oven

Excluding Samsung’s bundle deals for an oven and a microwave, the most expensive oven on Samsung’s website goes for $4,199, but it’s on sale for $3,779. You can convert the oven into two sections to cook two dishes at different temperatures simultaneously.

Microwave

Samsung sells a matching smart microwave for $499.

Cooktop

The 36-inch induction cooktop costs $2,499 and it has a virtual flame that makes it look like a gas stove. It’s also Bluetooth-enabled with digital controls.

Range

Say you also want a classic gas range and not just the induction cooktop. Samsung sells a $3,339 gas range that comes with air fry capabilities.

Total for Kitchen: $15,223.98

Laundry (and miscellaneous)

After sprucing up your kitchen, how about some shiny new appliances for the laundry room?

Washer-Dryer Set

Samsung’s Smart Flex washer and dyer set in black stainless steel typically retails for $3,998 but is currently on sale for $3,597.98. The machines boast the ability to do two separate loads of laundry at the same time. And — if you have kids — the finish is fingerprint resistant.

Air Dresser

This dresser steams and refreshes your clothes, for a price tag of $1,149. It uses filtered water and can be controlled through the Samsung SmartThings app.

Vacuum

Samsung sells a variety of vacuums. The priciest set costs $748 and includes a stick vacuum with an accessory that automatically empties the dustbin. Samsung also announced a new robot vacuum, the JetBot 90, earlier in January, but did not specify its price.

Air Purifier

A voice enabled and Wi-Fi connected air purifier goes for $549.

SmartThings Wi-Fi Pack

To help connect all those devices, Samsung charges $279.99 for three devices that offer mesh Wi-Fi throughout a large home. This router can be the connective hub for all of your smart gadgets and appliances.

Total for Laundry (and miscellaneous): $6,323.97

How much am I spending?

If you really decked out your home and life with Samsung-only products, you would rack up quite a bill. And you’d be locked into using Samsung’s AI assistant Bixby, which came to market later than its competitors from Apple (AAPL), Amazon (AMZN) and Google (GOOGL GOOGLE).

You would have a matching stainless steel set of shiny new appliances, though, and a bunch of high-end devices.

After adding up the costs of all the home appliances and various Samsung tech gadgets, the shopping list comes to a grand total of $90,879.77, minus installation and other fees for the appliances (the massive TV accounts for most of the cost). For a home to fit all these items, it’ll probably have to be a big one.

Grand total: $90,879.77

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Entertainment

Shawn King reveals Larry King’s real cause of death, final words

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Shawn King has opened up about her final moments with late husband Larry King.

“We were able to do FaceTime in the hospital and it was hard for him to talk, but the one message that he wanted to make sure I heard was, ‘I love you, take care of the boys,’” she told Entertainment Tonight of the famed broadcaster’s final moments.

Shawn, 61, and Larry shared two sons, 21-year-old Chance and 20-year-old Cannon. He is also survived by his oldest son, 59-year-old Larry King Jr., from his marriage to Annette Kaye.

Larry King died Saturday morning at Cedars-Sinai Medical Center in Los Angeles. He was 87.

Although Larry’s sixth wife, Julia Alexander, told The Post that he died from coronavirus, which he had contracted in December, Shawn said that wasn’t his actual cause of death.

Shawn King revealed late husband Larry King’s final words before dying.
Getty Images

“It was an infection, it was sepsis,” she told the outlet. “Well, he was finally ready to go, I will tell you that. You know, he never wanted to go but his sweet little body was just, it had just been hit so many times with so many things and once we heard the word COVID, all of our hearts just sunk. But he beat it, you know, he beat it, but it did take its toll and then the unrelated infection finally is what took him, but boy, he was not gonna go down easily.”

Shawn, who was in the middle of divorce proceedings from the legendary CNN host, said she never thought they would go through with finalizing their split because of their partnership.

Shawn King said everyone wore suspenders at Larry King’s memorial.
Getty Images

“Larry and I, you know, we never finalized our divorce,” she noted. “In my heart, I didn’t think it was really going to happen and it never did. We were partners in every sense of the way, in business, and in, well, first in our family and then in business. … You know, family is the most important thing, and God.”

The family laid Larry to rest this week and paid tribute in the most fitting way possible — by wearing his signature accessory.

“We all, it was just family, we wore Larry’s suspenders, every one of us,” she said. “And it was a beautiful, loving … just perfect, just perfect. It was family. There was no showbiz, no, none of that.

“Death is maybe the great equalizer, I think,” she continued. “You know, when you experience it with people who we really, really love, all the other noise and the nonsense that could be surrounding, it just goes away and the family goes close together. And that’s what happened. You know, it was beautiful.”

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Science

This Ice Cube Makes a New Ice Loss Study Terrifying Real

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That’s one big cube.
Graphic: Planetary Visions

We talk about ice a lot here on Earther—or more specifically, the growing absence of it. A new study puts what’s happening to the planet in striking perspective. While I can tell you the results show 1.2 trillion tons of ice disappeared every year since 1994, it’s a lot easier to grasp as a visual.

That cube of ice up there towers 6.2 miles (10 kilometers) into the sky like a sunshade over Manhattan and stretches over a huge swath of New Jersey, from Newark Airport to Jersey City. That’s how much we’ve lost to burning fossil fuels on average per year over the past two decades. The skyscrapers of the Financial District and Midtown are toothpicks. More ominously, the cube is getting bigger as ice loss accelerates.

The ice cube illustration is tied to a study published in the Cryosphere on Monday that looks at, uh, the state of the cryosphere. A team of scientists from across the UK used satellite measurements and climate models to explore what’s happening to every nook and cranny of ice around the globe. While most studies focus on either sea ice or ice on land, the new paper looks at both to give us a better understanding of how much ice has melted due to climate change.

“There has been a huge international effort to study individual regions, such as glaciers spread around the planet, the polar ice sheets in Greenland and Antarctica, the ice shelves floating around Antarctica, and sea ice drifting in the Arctic and Southern oceans,” Tom Slater, the study’s lead author and ice researcher at the University of Leeds, said in an email. “We felt that there was now enough data to be able to combine these efforts and examine all the ice being lost from the planet.”

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The results show Arctic sea ice is the fastest-disappearing ice on the planet. A staggering 7.6 trillion tons have turned to liquid from 1994 to 2017, the period for which the study had data. That was followed by Antarctic ice shelves, which have seen 6.5 trillion tons of ice vanish, sometimes in catastrophic fashion. The most recent example is Iceberg A68, a Delaware-size piece of ice that ripped off the Larsen C ice shelf in 2017 and has since wandered the Southern and Atlantic oceans. It most recently had a near run-in with an ecologically sensitive island.

But other, more insidious forms of ice shelf drama are afoot. The study doesn’t just look at ice area; it also looks at ice volume. And the most shocking impacts on ice shelves are happening beneath the surface. Ice shelves jut out over the ocean, holding back glaciers on ice sheets on land. But in West Antarctica, satellite and direct observations show warm water has been eating away at ice shelves and could eventually cause them to collapse. If that happens, sea level rise will accelerate and won’t stop for centuries; the ice in West Antarctica could raise seas by more than 10 feet (3 meters).

Glaciers on land in Alaska, the Himalayas, and elsewhere are also major drivers of sea level rise, as are the glaciers and ice sheets of Greenland. They’re all disappearing at an alarming rate. The threat of water loss in regions that rely on glacier and snowmelt is certainly an acute concern. So, too, is the disappearance of sea ice and its impact on traditional ways of life in the Arctic. And incremental but quickening sea level rise can play out in dramatic fashion when hurricanes roar ashore, pushing storm surge farther inland thanks to the climate change-driven boost. Perhaps most ominously, the melt is just a tiny aspect of the changes happening.

“We found that it took only about 3% of the excess heat created by greenhouse gas emissions to melt all this ice, a surprisingly small amount of energy to melt such a large amount of ice, which has a disproportionately large effect on our environment,” Slater said.

In that light, the giant ice cube from hell is showing just a tiny portion of the impact of human activities on the planet.

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