Subterms
Two days after the 2020 election, Tucker Carlson was furious. Fox News viewers were abandoning the network for Newsmax and One America News, two conservative rivals, after Fox declared that Joseph R. Biden Jr. won Arizona, a crucial swing state. In a text message with his producer, Alex Pfeiffer, Mr. Carlson appeared livid that viewers […] More
I suppose all contemporary young politicians dream of meeting their moment. At the enthusiastic dawn of their politico careers, they entertain a fantasy that some day, as a great historical challenge looms into view, their future selves will rise to the occasion — and masterfully dodge it!They envision themselves bobbing and weaving, triangulating and feinting — filling the air with meaningless clichés so that no one knows where they stand and no one can hold them accountable. Their political career sails on, soaring upward, their electoral viability unbruised and glorious!Ron DeSantis is now trying to live out that dream.There are two dominant views on Ukraine within the Republican Party. The first one, embraced by, say, Nikki Haley and Tim Scott, holds that Russia’s assault on Ukraine threatens the liberal world order. Helping the Ukrainians push back is in America’s vital national interest.The second view, embraced by the populist wing, is that the United States has no vital national interests in Ukraine. Tucker Carlson has said he doesn’t really care what Vladimir Putin does in Ukraine. Donald Trump has suggested that the war will last longer if the United States continues to send aid.DeSantis has magically cast himself in between these two positions. In the past, DeSantis was tougher on Russia than Trump. In 2017, he noted that Putin “wants to reconstitute the Russian Empire,” and chided Trump for being too soft on Putin, saying that “you’re better off dealing with Putin by being strong.” If Putin thinks he can gain an inch, DeSantis argued, “he’s apt to take a mile.”But this week DeSantis went on “Fox & Friends,” where great statesmen have always gone to unfurl their foreign policy doctrines, and he feinted in a Trump-like direction.He said the war wouldn’t have happened if Joe Biden weren’t so weak. He said he didn’t want to give the Ukrainians a “blank check” (as if anyone does). He said Biden should be more concerned with securing the border at home and less concerned with borders far away. He minimized the threat Putin poses to the West, adding, “I don’t think it’s in our interests to be getting into a proxy war with China, getting involved over things like the borderlands or over Crimea.”It was like that Richard Gere character in the musical “Chicago” — giving them the old razzle-dazzle, even if his dance steps are more plodding. It’s not clear if DeSantis is for more Ukraine aid or not. No one can quite pin him down. Tippity tap. Tappity tip.This has been DeSantis’s general approach to Trump. He doesn’t want to take on Trump directly, so he shimmies. This month, Trump insinuated that DeSantis behaved inappropriately with high school girls while he was a teacher. Instead of slamming Trump, DeSantis shimmied. Trump calls DeSantis “Ron DeSanctimonious” and “Meatball Ron.” DeSantis glides blithely by.The problem with running a campaign in which you are trying to be Trumpy-but-not-Trump is that you’re never your own man. You have to compete with the king without crossing him. You’re always trying to find that magic sweet spot between just-MAGA and plain-crazy.If he were more of a strategic thinker and less a tactician, I think DeSantis would realize that he’s either going to have to fight Trump directly on some issue or copy him right down the line. And I think he’d realize that he’s already locked himself into a position in which he’s going to have to copy him.On Ukraine policy, for example, I suspect that DeSantis will soon be enthusiastically parroting the Trump position. I say that for two interrelated reasons.First, DeSantis, for better or worse, has hitched his wagon to the populist movement. This movement is now broad and deep in the Republican Party and has deep roots running back through American history. This movement has long been opposed to the cosmopolitan East Coast elites, has long adopted the posture that we need to pull inward and take care of our own, and is now allergic to talk about America being actively involved in preserving a liberal world order. This is where populist voters are, and this is where DeSantis, running as a populist, needs to be.Then there is Tucker Carlson. The DeSantis campaign won’t be able to survive if Carlson and the rest of the right-wing media sphere start blasting him for being a “globalist,” the way Trump already is.“Globalist” is to foreign policy what “C.R.T.” is to education. No one knows precisely what it means but everybody in MAGA-world knows it’s really bad. DeSantis has to take whatever position will get that label off his back.This week’s dancing makes me realize DeSantis is in a weaker position than I thought. The G.O.P. is evenly split on foreign policy and significantly split on whether the party should be fiery populist or more conventionally conservative. According to a Pew survey, 40 percent of Republicans think the United States is giving too much aid to Ukraine, while 41 percent believe America is giving Ukraine the right amount of aid or not enough. This data illustrates something also evident in the 2022 election results — that while there are a lot of populists in the party, there are still a lot of normie Republicans who are not.As the campaign wears on, and the debate on Ukraine continues, DeSantis will be condemned to playing Mini-Me to Trump in trying to win that populist 40 percent. Meanwhile, he’ll be cutting ties to many in the nonpopulist 41 percent. That will leave room for some normie Republican in the Brian Kemp/Tim Scott mold to rise.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More
More from our inbox:Tucker Carlson’s Spin on the Jan. 6 TapesA Descent Into DementiaAgeism and CovidRisk Management Haiyun Jiang/The New York TimesTo the Editor:Re “Run by Haley Is a Tightrope in the G.O.P.” (front page, Feb. 19):Nikki Haley has no choice but to to use her gender to promote her candidacy. It is the only thing that distinguishes her from the pack of hypocritical, unprincipled Republican politicians likely to run for president.She long ago joined the ranks of Lindsey Graham, Ted Cruz, Marco Rubio, etc., who discarded their justifiable contempt for Donald Trump in favor of attaining or retaining elective office. In her singular pursuit of the presidency she’s discarded any integrity she might have once had.Ms. Haley is unqualified to be president not because she is a woman, but because she became “one of the boys” — the boys who sold their souls for power and position.Jay AdolfNew YorkTo the Editor:Re “Could Haley Be Our Next President?” (Opinion, Feb. 19):It’s independents who often swing elections, and not one of the Times Opinion writers discussing Nikki Haley’s chances considered her appeal to these voters. By thinking only of how she does or doesn’t fit within the current Republican Party, they miss her considerable appeal as a non-Trumpian traditional Republican, which will attract swing independents.Thomas B. RobertsSycamore, Ill.To the Editor:As an immigrant from India, a woman and an independent voter who sometimes voted Republican pre-Trump, I was excited when Nikki Haley became governor of South Carolina. But I do not support Ms. Haley’s presidential candidacy.David Brooks nailed it, saying “there was an awful lot of complicity and silence when she served under Trump.” She subverted her independence and her fighting spirit by becoming part of Donald Trump’s establishment.No self-respecting Democrat would ever cross party lines to vote for Ms. Haley even if she miraculously manages to secure the nomination. She would not beat Joe Biden!Mona JhaMontclair, N.J.To the Editor:Nikki Haley kicked off her campaign by suggesting that politicians over 75 should be required to take mental competency tests, implying that Donald Trump and President Biden were too old to be president.She would do well to remember Ronald Reagan’s quip during the 1984 presidential debates with Walter Mondale: “I will not make age an issue of this campaign. I am not going to exploit for political purposes my opponent’s youth and inexperience.”Robert BatyOakland, Calif.To the Editor:Re “The Fox Newsification of Nikki Haley,” by Thomas L. Friedman (column, Feb. 22):Mr. Friedman isn’t taking into account what Nikki Haley must do to win the Republican nomination.Questions about the pandemicCard 1 of 4When will the pandemic end? More
People who remember Fox News host Tucker Carlson as a bow-tied creature of establishment Washington often wonder what happened to him. Twenty years ago, he was a preppy Beltway habitué and impishly libertarian magazine writer; a wryly affectionate account of Al Sharpton in Liberia that he wrote for Esquire was nominated for a National Magazine Award. Now he’s the sneering, conspiracy-obsessed host of what The New York Times called possibly “the most racist show in the history of cable news.”As The Times wrote, there’s a long-running debate about “whether Mr. Carlson’s show is merely lucrative theater or an expression of his true values.” By most accounts, Carlson shares Donald Trump’s deep cultural resentments. But as an explosive new court filing in Dominion Voting Systems’ defamation lawsuit against Fox News demonstrates, in trying to explain why Carlson and many of his colleagues do what they do, we shouldn’t underestimate simple greed.The brief, a motion for summary judgment in a case stemming from Fox’s egregiously false claims of Dominion-abetted election fraud, offers a portrait of extravagant cynicism. It reveals how obsessed Carlson and other leading Fox News figures were with audience share, and their fear of being outflanked by even further-right outlets like Newsmax.“It’s remarkable how weak ratings make good journalists do bad things,” Bill Sammon, a Fox senior vice president until 2021, is quoted as saying. It’s a line that would fall flat on “Succession” because it’s too absurdly on the nose.As the Dominion filing lays out, there was panic at Fox News over viewer backlash to the network correctly calling Arizona for Joe Biden on election night. Despite its accuracy, the call was viewed, internally, as a catastrophe.“Do the executives understand how much credibility and trust we’ve lost with our audience?” Carlson texted his producer. He added, “An alternative like Newsmax could be devastating to us.” Sean Hannity, in an exchange with fellow hosts Carlson and Laura Ingraham, fretted about the “incalculable” damage the Arizona projection did to the Fox News brand and worried about a competitor emerging: “Serious $$ with serious distribution could be a real problem.”Hyping false claims about election fraud was a way for Fox to win its audience back. While the Arizona call was “damaging,” Fox News C.E.O. Suzanne Scott wrote in a text to Fox executive Lachlan Murdoch, Rupert Murdoch’s son, “We will highlight our stars and plant flags letting the viewers know we hear them and respect them.”When Fox News reporter Jacqui Heinrich fact-checked Trump’s wild claims about Dominion on Twitter, Carlson was enraged and tried to get her fired. “It needs to stop immediately, like tonight,” he texted Hannity. “It’s measurably hurting the company. The stock price is down. Not a joke.” (Heinrich kept her job but deleted the tweet.)The network knew, of course, that Trump’s lawyer Sidney Powell, a chief promoter of Dominion conspiracy theories, was a delusional fantasist. The legal brief reveals that some of her claims about Dominion were based on an email Powell had received from someone who claimed to be capable of “time travel in a semiconscious state.” On Nov. 18, 2020, Carlson told Ingraham: “Sidney Powell is lying by the way. Caught her. It’s insane.” Ingraham wrote back that Powell was a “complete nut.”But according to the Dominion brief, an analysis by Ron Mitchell, the senior vice president for prime-time programming and analytics, found that “Fox viewers were switching the channel specifically to watch Sidney Powell as a guest” on Newsmax. A few days after this analysis, Powell was a guest on Hannity’s show.At one point, Carlson did express skepticism of Powell on-air, noting on Nov. 19 that she had never produced evidence for her claims. “Maybe Sidney Powell will come forward soon with details on exactly how this happened, and precisely who did it,” he said, adding, “We are certainly hopeful that she will.”Even this gentle note of doubt produced viewer pushback, though most of a message about it from Fox executive Raj Shah is redacted. Afterward, Carlson seems to have given up trying to steer his audience away from total credulity about Trump’s stolen election claims, even though he privately called Trump a “demonic force.” On Jan. 26, Carlson hosted MyPillow founder Mike Lindell on his show and let him sound off about Dominion without resistance. In fairness, Carlson may have had a motive for indulging Lindell besides grubbing for ratings. As Media Matters for America pointed out, MyPillow at the time was Carlson’s single biggest advertiser.It’s certainly true that all cable news shows program with ratings in mind. MSNBC — where, full disclosure, I’m a contributor — pays much closer attention to various Trump scandals than to climate change or the war in Ukraine because it’s catering to its audience. But there is no analogue for the way Fox treats its viewers.In addition to MSNBC, in the past I’ve appeared a number of times on CNN. Sometimes hosts are a little saltier when the cameras aren’t rolling, but I don’t recall ever hearing any daylight between the views they express on-air and off. Fox News is unique in its bad faith.“Respecting this audience whether we agree or not is critical,” Hannity texted on Nov. 24. It’s a version of respect indistinguishable from contempt.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More
The comments, by Tucker Carlson, Sean Hannity and others, were released as part of a defamation suit against Fox News by Dominion Voter Systems.Newly disclosed messages and testimony from some of the biggest stars and most senior executives at Fox News revealed that they privately expressed disbelief about President Donald J. Trump’s false claims that the 2020 election was stolen from him, even though the network continued to promote many of those lies on the air.The hosts Tucker Carlson, Sean Hannity and Laura Ingraham, as well as others at the company, repeatedly insulted and mocked Trump advisers, including Sidney Powell and Rudolph W. Giuliani, in text messages with each other in the weeks after the election, according to a legal filing on Thursday by Dominion Voting Systems. Dominion is suing Fox for defamation in a case that poses considerable financial and reputational risk for the country’s most-watched cable news network.“Sidney Powell is lying by the way. I caught her. It’s insane,” Mr. Carlson wrote to Ms. Ingraham on Nov. 18, 2020.Ms. Ingraham responded: “Sidney is a complete nut. No one will work with her. Ditto with Rudy.”Mr. Carlson continued, “Our viewers are good people and they believe it,” he added, making clear that he did not.The messages also show that such doubts extended to the highest levels of the Fox Corporation, with Rupert Murdoch, its chairman, calling Mr. Trump’s voter fraud claims “really crazy stuff.”On one occasion, as Mr. Murdoch watched Mr. Giuliani and Ms. Powell on television, he told Suzanne Scott, chief executive of Fox News Media, “Terrible stuff damaging everybody, I fear.”Dominion’s brief depicts Ms. Scott, whom colleagues have described as sharply attuned to the sensibilities of the Fox audience, as being well aware that Mr. Trump’s claims were baseless. And when another Murdoch-owned property, The New York Post, published an editorial urging Mr. Trump to stop complaining that he had been cheated, Ms. Scott distributed it widely among her staff. Mr. Murdoch then thanked her for doing so, the brief says.The filing, in state court in Delaware, contains the most vivid and detailed picture yet of what went on behind the scenes at Fox News and its corporate parent in the days and weeks after the 2020 election, when the conservative cable network’s coverage took an abrupt turn.Fox News stunned the Trump campaign on election night by becoming the first news outlet to declare Joseph R. Biden Jr. the winner of Arizona — effectively projecting that he would become the next president. Then, as Fox’s ratings fell sharply after the election and the president refused to concede, many of the network’s most popular hosts and shows began promoting outlandish claims of a far-reaching voter fraud conspiracy involving Dominion machines to deny Mr. Trump a second term.What was disclosed on Thursday was not the full glimpse of Dominion’s case against Fox. The 192-page filing had multiple redactions that contain more revelations about deliberations inside the network. Fox has sought to keep much of the evidence against it under seal. The New York Times is challenging the legality of those redactions in court.More on Fox NewsDefamation Case: Some of the biggest names at Fox News are being questioned in the $1.6 billion lawsuit filed by Dominion Voting Systems against the network. The suit could be one of the most consequential First Amendment cases in a generation.Merger Falls Through: Rupert Murdoch has halted his plans to combine News Corp and Fox Corporation, saying that a merger was “not optimal for shareholders.” The prospect had faced significant investor pushback.‘American Nationalist’: Tucker Carlson stoked white fear to conquer cable news. In the process, the TV host transformed Fox News and became former President Donald J. Trump’s heir.Empire of Influence: A Times investigation looked at how the Murdochs, the family behind a global media empire that includes Fox News, have destabilized democracy on three continents.In its defense, which was also filed with the court on Thursday, Fox argued that by covering Mr. Trump’s fraud claims, the network was doing what any media organization would: reporting and commenting on a matter of undeniable newsworthiness. And it noted that many of its programs did not endorse the claim that the election was stolen.“In its coverage, Fox News fulfilled its commitment to inform fully and comment fairly,” its brief said. “Some hosts viewed the president’s claims skeptically; others viewed them hopefully; all recognized them as profoundly newsworthy.”The law shields journalists from liability if they report on false statements, but not if they promote them.Dominion said in its filing that not a single Fox witness had testified that he or she believed any of the allegations about Dominion.In a statement on Thursday, a Fox spokeswoman said, “Dominion has mischaracterized the record, cherry-picked quotes stripped of key context and spilled considerable ink on facts that are irrelevant under black-letter principles of defamation law.”The brief shows that Fox News stars and executives were afraid of losing their audience, which started to defect to the conservative cable news alternatives Newsmax and OAN after Fox News called Arizona for Mr. Biden. And they seemed concerned with the impact that would have on the network’s profitability. On Nov. 12, in a text chain with Ms. Ingraham and Mr. Hannity, Mr. Carlson pointed to a tweet in which a Fox reporter, Jacqui Heinrich, fact-checked a tweet from Mr. Trump referring to Fox broadcasts and said there was no evidence of voter fraud from Dominion.“Please get her fired,” Mr. Carlson said. He added: “It needs to stop immediately, like tonight. It’s measurably hurting the company. The stock price is down. Not a joke.” Ms. Heinrich had deleted her tweet by the next morning.The details offer more than dramatic vignettes from inside a news organization where internal disputes rarely spill into public view. They are pieces of evidence that a jury could use to weigh whether to find Fox liable for significant financial damages. Dominion is asking for $1.6 billion as compensation for the damage it says it suffered as Fox guests and hosts claimed, for instance, that Dominion’s voting machines had been designed to rig elections for the Venezuelan autocrat Hugo Chavez and were equipped with an algorithm that could erase votes from one candidate and give them to another.Fox Corporation has about $4 billion cash on hand, according to its latest quarterly earnings report.The burden in the case falls on Dominion to prove that Fox acted with actual malice — the longstanding legal standard that requires Dominion to prove that either Fox guests, hosts and executives knew what was being said on the air was false and allowed it anyway, or that people inside Fox were recklessly negligent in failing to check the accuracy of their coverage.That burden is difficult to meet, which is why defamation cases often fail. But legal experts said Dominion’s arguments were stronger than most.“This filing argues a fire hose of direct evidence of knowing falsity,” said RonNell Andersen Jones, a professor of law at the S.J. Quinney College of Law at the University of Utah. “It gives a powerful preview of one of the best-supported claims of actual malice we have seen in any major-media case.”Many defamation suits are quickly dismissed because of the First Amendment’s broad free speech protections. If they do go forward, they are usually settled out of court to spare both sides the costly spectacle of a trial. The Dominion case has proceeded with a speed and scope that media experts have said is unusual.For eight months, Dominion lawyers have taken depositions from dozens of people at all levels of the network and its parent company. Mr. Murdoch was deposed last month. (Dominion’s brief was written before that deposition and does not reflect its contents, which remain under seal.) Mr. Hannity, one of the most popular prime-time hosts and a close Trump ally, has been deposed twice. And the personal phones and emails of many midlevel employees have been searched as part of the discovery process, which people inside the company have said has created an atmosphere of considerable unease.Both sides appear dug in and confident of victory. The judge has scheduled jury selection to begin in mid-April.Fox has contested how Dominion arrived at the amount it is seeking in damages, arguing that the company has vastly overstated its valuation and the reputational harm it suffered.In papers filed with the court on Thursday, lawyers for Fox called the $1.6 billion sum “a staggering figure that has no factual support and serves no apparent purpose other than to generate headlines, chill First Amendment-protected speech.”Fox’s lawyers added that Staple Street Capital Partners, the private equity firm that owns a majority share in Dominion, had paid about $38 million for its 76 percent stake in the company in 2018 and had never estimated Dominion’s financial value to be worth “anywhere near $1.6 billion.” Fox has made a counterclaim against Dominion seeking to recover all its costs associated with the lawsuit.Dominion’s goal, aside from convincing a jury that Fox knowingly spread lies, is to build a case that points straight to the top of the Fox media empire and its founding family, the Murdochs.“Fox knew,” the Dominion filing declares. “From the top down, Fox knew.”The brief cites senior executives and editors responsible for shaping Fox’s coverage behind the scenes who weren’t buying the election denial, either.“No reasonable person would have thought that,” said the network’s politics editor at the time, Chris Stirewalt, referring to the allegation that Dominion rigged the election. Bill Sammon, Fox’s managing editor in Washington, is quoted as saying, “It’s remarkable how weak ratings make good journalists do bad things.”Fox pushed out both journalists after the 2020 election.Ron Mitchell, a senior Fox executive who oversaw the Carlson, Hannity and Ingraham shows, texted privately with colleagues that the Dominion allegations were “the Bill Gates/microchip angle to voter fraud,” referring to false claims that microchips were injected into people who received Covid-19 vaccines.At times, Fox employees are described as disparaging one another. The president of the network, Jay Wallace, is quoted at one point criticizing the former Fox Business host Lou Dobbs — one of the biggest megaphones for Mr. Trump’s lies. “The North Koreans do a more nuanced show” than Mr. Dobbs, the brief says.On Nov. 6, 2020, three days after Election Day, as Mr. Biden pulled into the lead, Mr. Murdoch told Ms. Scott in an email that it was going to be “very hard to credibly cry foul everywhere,” and noted that “if Trump becomes a sore loser, we should watch Sean especially,” referring to Mr. Hannity. More
On Wednesday, lawyers for Dominion Voting Systems shared some of the strongest evidence yet that some Fox employees knew what they broadcast about the claims was false.On Nov. 30, 2020, Sean Hannity hosted Sidney Powell on his prime-time Fox News program. As she had in many other interviews around that time — on Fox and elsewhere in right-wing media — Ms. Powell, a former federal prosecutor, spun wild conspiracy theories about what she said was “corruption all across the country, in countless districts,” in a plot to steal re-election from the president, Donald J. Trump.At the center of this imagined plot were machines from Dominion Voting Systems, which Ms. Powell claimed ran an algorithm that switched votes for Mr. Trump to votes for Joseph R. Biden Jr. Dominion machines, she insisted, were being used “to trash large batches of votes.”Mr. Hannity interrupted her with a gentle question that had been circulating among election deniers, despite a lack of supporting proof: Why were Democrats silencing whistle-blowers who could prove this fraud?Did Mr. Hannity believe any of this?“I did not believe it for one second.”That was the answer Mr. Hannity gave, under oath, in a deposition in Dominion’s $1.6 billion defamation lawsuit against Fox News, according to information disclosed in a court hearing on Wednesday. The hearing was called to address several issues that need to be resolved before the case heads for a jury trial, which the judge has scheduled to begin in April.Mr. Hannity’s disclosure — along with others that emerged from court on Wednesday about what Fox News executives and hosts really believed as their network became one of the loudest megaphones for lies about the 2020 election — is among the strongest evidence yet to emerge publicly that some Fox employees knew that what they were broadcasting was false.More on Fox NewsDefamation Case: Some of the biggest names at Fox News are being questioned in the $1.6 billion lawsuit filed by Dominion Voting Systems against the network. The suit could be one of the most consequential First Amendment cases in a generation.Exploring a Merger: Fox and News Corp, the two sides of Rupert Murdoch’s media business, are weighing a proposal that could put Fox News, The Wall Street Journal and the Fox broadcasting network under the same corporate umbrella.‘American Nationalist’: Tucker Carlson stoked white fear to conquer cable news. In the process, the TV host transformed Fox News and became former President Donald J. Trump’s heir.Empire of Influence: A Times investigation looked at how the Murdochs, the family behind a global media empire that includes Fox News, have destabilized democracy on three continents.The high legal standard of proof in defamation cases makes it difficult for a company like Dominion to prevail against a media organization like Fox News. Dominion has to persuade a jury that people at Fox were, in effect, saying one thing in private while telling their audience exactly the opposite. And that requires showing a jury convincing evidence that speaks to the state of mind of those who were making the decisions at the network.In Delaware Superior Court on Wednesday, Dominion’s lawyers argued that they had obtained ample evidence to make that case.One lawyer for Dominion said that “not a single Fox witness” so far had produced anything supporting the various false claims about the company that were uttered repeatedly on the network. And in some cases, other high-profile hosts and senior executives echoed Mr. Hannity’s doubts about what Mr. Trump and his allies like Ms. Powell were saying, according to the Dominion lawyer, Stephen Shackelford.This included Meade Cooper, who oversees prime-time programming for Fox News, and the prime-time star Tucker Carlson, Mr. Shackelford said.“Many of the highest-ranking Fox people have admitted under oath that they never believed the Dominion lies,” he said, naming both Ms. Cooper and Mr. Carlson.Mr. Shackelford described how Mr. Carlson had “tried to squirm out of it at his deposition” when asked about what he really believed.Mr. Shackelford started to elaborate about what Mr. Carlson had said privately, telling the judge about the existence of text messages the host had sent in November and December of 2020. But the judge, Eric M. Davis, cut him off, leaving the specific contents of those texts unknown.A spokeswoman for Fox News had no immediate comment.Another previously unknown detail emerged on Wednesday about what was going on inside the Fox universe in those frantic weeks after the election. A second lawyer representing Dominion, Justin Nelson, told Judge Davis about evidence obtained by Dominion showing that an employee of the Fox Corporation, the parent company of Fox News, had tried to intervene with the White House to stop Ms. Powell. According to Mr. Nelson, that employee called the fraud claims “outlandish” and pressed Mr. Trump’s staff to get rid of Ms. Powell, who was advising the president on filing legal challenges to the results.Mr. Nelson said that evidence cut straight to the heart of whether the Fox Corporation, which is controlled by Rupert and Lachlan Murdoch, was also liable for defamation. Judge Davis ruled in June that Dominion could sue the larger, highly profitable corporation, which includes the Fox network on basic television and a lucrative sports broadcasting division.A spokesman for the Fox Corporation had no immediate comment.Over the last several months, Dominion has been combing through mountains of private email and text messages from people at every level of Fox News and the Fox Corporation — hosts like Mr. Hannity, senior executives and midlevel producers. A lawyer for Fox, Dan K. Webb, said on Wednesday that the company had produced more than 52,000 documents for Dominion, with more to come.During the hearing, the judge was asked to rule on several issues. One was whether a second voting company that is suing Fox for defamation, Smartmatic, could be given access to the documents Dominion had obtained for its case. Judge Davis ruled in Fox’s favor, denying Smartmatic’s motion.A second issue was whether certain evidence that Dominion has used against Fox in its court filings — including emails among Fox employees and a page from a deposition in which someone from Fox describes the journalistic processes of one of the network’s programs — should be made public.Throughout the case, Fox has asked the court to keep almost everything in the case pertaining to its inner workings under seal. A third lawyer for Dominion, Davida Brook, argued on Wednesday that the public had a fundamental right to see what it had filed with the court in the interest of fostering the openness that a democracy requires.Judge Davis disagreed, ruling that the evidence would stay under seal. But he admonished the lawyers that neither party in the case should be overly aggressive in trying to keep facts in the case confidential.If, for instance, someone says something “not bright” — and therefore embarrassing — that wouldn’t be enough to keep that information under seal, Judge Davis said.“That’s too bad,” he said. More
“The Rachel Maddow Show” debuted in the interregnum between political eras. Before it lay the 9/11 era and the George W. Bush presidency. Days after the show launched in 2008, Lehman Brothers collapsed, and a few weeks later Barack Obama was elected president.And then history just kept speeding up. The Tea Party. The debt ceiling debacles. Donald Trump. The coronavirus pandemic. January 6th. The big lie. Maddow covered and tried to make sense of it all. Now, after 14 years, she has taken her show down to one episode a week and is launching other projects — like “Ultra,” the history podcast we discuss in this episode.[You can listen to this episode of “The Ezra Klein Show” on Apple, Spotify, Amazon Music, Google or wherever you get your podcasts.]But I wanted to talk to Maddow about how American politics and media have changed over the course of her show. We discuss the legacies of the wars in Iraq and Afghanistan, the cycle of economic crises we appear to keep having, Maddow’s relationships with Pat Buchanan and Tucker Carlson, where the current G.O.P.’s anti-democracy efforts really started, how Obama’s presidency changed politics, how Maddow finds and chooses her stories, the statehouse Republicans who tilled the soil for Trump’s big lie and more.You can listen to our whole conversation by following “The Ezra Klein Show” on Apple, Spotify, Google or wherever you get your podcasts. View a list of book recommendations from our guests here.(A full transcript of the episode will be available midday on the Times website.)MSNBC“The Ezra Klein Show” is produced by Annie Galvin, Jeff Geld and Rogé Karma. Our researcher is Emefa Agawu. Fact-checking by Michelle Harris, Mary Marge Locker and Kate Sinclair. Original music by Isaac Jones. Mixing by Jeff Geld. Audience strategy by Shannon Busta. Special thanks to Kristin Lin and Kristina Samulewski. More
The depositions are one of the clearest indications yet of how aggressively Dominion Voting Systems is moving forward with its suit against the media company.Some of the biggest names at Fox News have been questioned, or are scheduled to be questioned in the coming days, by lawyers representing Dominion Voting Systems in its $1.6 billion defamation suit against the network, as the election technology company presses ahead with a case that First Amendment scholars say is extraordinary in its scope and significance.Sean Hannity became the latest Fox star to be called for a deposition by Dominion’s legal team, according to a new filing in Delaware Superior Court. He is scheduled to appear on Wednesday.Tucker Carlson is set to face questioning on Friday. Lou Dobbs, whose Fox Business show was canceled last year, is scheduled to appear on Tuesday. Others who have been deposed recently include Jeanine Pirro, Steve Doocy and a number of high-level Fox producers, court records show.People with knowledge of the case, who would speak only anonymously, said they expected that the chief executive of Fox News Media, Suzanne Scott, could be one of the next to be deposed, along with the president of Fox News, Jay Wallace. Rupert and Lachlan Murdoch, whose family owns Fox, could follow in the coming weeks.The depositions are among the clearest indications yet of how aggressively Dominion is moving forward with its suit, which is set to go to trial early next year, and of the legal pressure building on the nation’s most powerful conservative media company. There have been no moves from either side to discuss a possible settlement, people with knowledge of the case have said.More Coverage of Fox News‘American Nationalist’: Tucker Carlson stoked white fear to conquer cable news. In the process, the TV host transformed Fox News and became former President Donald J. Trump’s heir.Empire of Influence: A Times investigation looked at how the Murdochs, the family behind a global media empire that includes Fox News, have destabilized democracy on three continents.Defamation Case: Legal scholars say that the $1.6 billion lawsuit filed by Dominion Voting Systems against the network could be one of the most consequential First Amendment cases in a generation.How Russia Uses Fox News: The network has appeared in Russian media as a way to bolster the Kremlin’s narrative about the Ukraine war.It is common for large media companies like Fox to settle such cases well before they reach the point where journalists or senior executives are forced to sit for questioning by lawyers from the opposing side. But both Dominion and Fox appear to be preparing for the likelihood that the case will end up in front of a jury.The suit accuses Fox of pushing false and far-fetched claims of voter fraud to lure back viewers who had defected to other right-wing news sources. In its initial complaint, Dominion’s lawyers framed their lawsuit as a matter of profound civic importance. “The truth matters,” they said, adding, “Lies have consequences.”The judge overseeing the case allowed Dominion in late June to expand the suit to include the cable news network’s parent company, Fox Corporation, potentially broadening the legal exposure of both Murdochs. Shortly after, Fox replaced its outside counsel on the case and hired one of the nation’s most prominent trial lawyers, Dan Webb.A spokesman for Fox Corporation has said that the First Amendment protected the company from the suit, and that any attempt by Dominion lawyers to put the Murdochs at the center of their case would be a “fruitless fishing expedition.”Both Dominion and Fox appear to be preparing for the case to go before a jury.Michael M. Santiago/Getty ImagesThe network is “confident we will prevail as freedom of the press is foundational to our democracy and must be protected,” a Fox News spokeswoman said in a statement. She added that the $1.6 billion in damages that Dominion is seeking are “outrageous, unsupported and not rooted in sound financial analysis.” According to court filings, Dominion estimates business losses at hundreds of millions of dollars and values the company at around $1 billion.Dominion’s legal complaint lays out how Fox repeatedly aired conspiracy theories about the company’s purported role in a plot to steal votes from former President Donald J. Trump, and argues that its business has suffered considerably as a result. Those falsehoods — including that Dominion was a pawn of the Venezuelan strongman Hugo Chavez and that its machines were designed with a feature that allowed votes to be flipped from one candidate to another — aired night after night as Fox hosts like Mr. Hannity and Mr. Dobbs allowed guests to make them on their shows, and in some cases vouched for them.Legal experts say the case is one of the most potentially consequential libel suits brought against an American media company in more than a generation, with the potential to deliver a judgment on a falsehood that has damaged the integrity of the country’s democratic system and remains an article of faith among many Trump supporters.Defamation is extremely difficult to prove in a case like this because of the broad constitutional protections that cover the news media. A company like Dominion has to prove either that a media outlet knew what it was publishing or broadcasting was false, or that it acted so hastily it overlooked facts proving that falsity, a legal standard known as demonstrating a “reckless disregard for the truth.”Dominion’s legal strategy, which it has detailed in court filings, hinges on getting testimony and unearthing private communications between Fox employees that prove either such recklessness or knowledge that the statements were false.The case has stirred considerable unease inside Fox all summer, as employees have had to turn over months of emails and text messages to Dominion lawyers and prepare for depositions. Other current and former Fox personalities who have been deposed include Dana Perino, Shepard Smith and Chris Stirewalt, who was part of the team that made the election night projection that Mr. Trump would lose Arizona, and the presidency as a result.This is not the first time that Mr. Hannity has been in the middle of a high-profile defamation suit. In 2018, Fox was sued by the parents of Seth Rich, a former Democratic National Committee staff member whom Mr. Hannity and others at Fox falsely linked to a hacking that resulted in committee emails being published by WikiLeaks. Mr. Rich was murdered in an apparent botched robbery in 2017, though conspiracy theorists tried to blame his death on Democratic operatives. Fox News later retracted some of its reporting on the story, saying it did not meet the network’s editorial standards.Fox settled the Rich case in the fall of 2020, before Mr. Hannity could be deposed. More
