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      Murdoch Acknowledges Fox News Hosts Endorsed Election Fraud Falsehoods

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      Rupert Murdoch, the conservative media mogul, spoke under oath last month in a $1.6 billion defamation lawsuit against Fox by Dominion Voting Systems.Rupert Murdoch, chairman of the conservative media empire that owns Fox News, acknowledged in a deposition that several hosts for his networks promoted the false narrative that the 2020 election was stolen from former President Donald J. Trump, and that he could have stopped them but didn’t, court documents released on Monday showed.“They endorsed,” Mr. Murdoch said under oath in response to direct questions about the Fox hosts Sean Hannity, Jeanine Pirro, Lou Dobbs and Maria Bartiromo, according to a legal filing by Dominion Voting Systems. “I would have liked us to be stronger in denouncing it in hindsight,” he added, while also disclosing that he was always dubious of Mr. Trump’s claims of widespread voter fraud.Asked whether he doubted Mr. Trump, Mr. Murdoch responded: “Yes. I mean, we thought everything was on the up-and-up.” At the same time, he rejected the accusation that Fox News as a whole had endorsed the stolen election narrative. “Not Fox,” he said. “No. Not Fox.”Mr. Murdoch’s remarks, which he made last month as part of Dominion’s $1.6 billion defamation lawsuit against Fox, added to the evidence that Dominion has accumulated as it tries to prove its central allegation: The people running the country’s most popular news network knew Mr. Trump’s claims of voter fraud in the 2020 election were false but broadcast them anyway in a reckless pursuit of ratings and profit.Proof to that effect would help Dominion clear the high legal bar set by the Supreme Court for defamation cases. To prevail, Dominion must show not only that Fox broadcast false information, but that it did so knowingly. A judge in Delaware state court has scheduled a monthlong trial beginning in April.The new documents and a similar batch released this month provide a dramatic account from inside the network, depicting a frantic scramble as Fox tried to woo back its large conservative audience after ratings collapsed in the wake of Mr. Trump’s loss. Fox had been the first network to call Arizona for Joseph R. Biden on election night — essentially declaring him the next president. When Mr. Trump refused to concede and started attacking Fox as disloyal and dishonest, viewers began to change the channel.The filings also revealed that top executives and on-air hosts had reacted with incredulity bordering on contempt to various fictitious allegations about Dominion. These included unsubstantiated rumors — repeatedly uttered by guests and hosts of Fox programs — that its voting machines could run a secret algorithm that switched votes from one candidate to another, and that the company was founded in Venezuela to help that country’s longtime leader, Hugo Chávez, fix elections.Read What Murdoch Said in His Deposition in the Fox-Dominion CaseRupert Murdoch made his remarks last month as part of the $1.6 billion defamation lawsuit against Fox News by Dominion Voting Systems.Read DocumentDespite those misgivings, little changed about the content on shows like Mr. Dobbs’s and Ms. Bartiromo’s. For weeks after the election, viewers of Fox News and Fox Business heard a far different story from the one that Fox executives privately conceded was real.Lawyers for Fox News, which filed a response to Dominion in court on Monday, argued that its commentary and reporting after the election did not amount to defamation because its hosts had not endorsed the falsehoods about Dominion, even if Mr. Murdoch stated otherwise in his deposition. As such, the network’s lawyers argued, Fox’s coverage was protected under the First Amendment.Fox News v. Dominion Voter SystemsA $1.6 Billion Suit: A defamation lawsuit by the voting machine maker Dominion seeks to hold Fox News responsible for false claims after the 2020 election. Here’s what to know about the case so far.Rupert Murdoch’s Deposition: The conservative media mogul acknowledged under oath that several Fox hosts promoted the false narrative that the election was stolen. Read his deposition.Privately Expressing Disbelief: Dozens of text messages released in the lawsuit show how Fox hosts went from privately criticizing election fraud claims to giving them significant airtime.“Far from reporting the allegations as true, hosts informed their audiences at every turn that the allegations were just allegations that would need to be proven in court in short order if they were going to impact the outcome of the election,” Fox lawyers said in their filing. “And to the extent some hosts commented on the allegations, that commentary is independently protected opinion.”A Fox News spokeswoman said on Monday in response to the filing that Dominion’s case “has always been more about what will generate headlines than what can withstand legal scrutiny.” She added that the company had taken “an extreme, unsupported view of defamation law that would prevent journalists from basic reporting.”In certain instances, Fox hosts did present the allegations as unproven and offered their opinions. And Fox lawyers have pointed to exchanges on the air when hosts challenged these claims and pressed Mr. Trump’s lawyers Sidney Powell and Rudolph W. Giuliani to present evidence that never materialized.But the case is also likely to revolve around questions about what people with the power to shape Fox’s on-air content knew about the validity of the fraud allegations as they gave pro-Trump election deniers a platform — often in front of hosts who mustered no pushback.“There appears to be a pretty good argument that Fox endorsed the accuracy of what was being said,” said Lee Levine, a veteran First Amendment lawyer who has defended major media organizations in defamation cases. He added that Fox’s arguments were stronger against some of Dominion’s claims than others. But based on what he has seen of the case so far, Mr. Levine said, “I’d much rather be in Dominion’s shoes than Fox’s right now.”Dominion’s filing casts Mr. Murdoch as a chairman who was both deeply engaged with his senior leadership about coverage of the election and operating at somewhat of a remove, unwilling to interfere. Asked by Dominion’s lawyer, Justin Nelson, whether he could have ordered Fox News to keep Trump lawyers like Ms. Powell and Mr. Giuliani off the air, Mr. Murdoch responded: “I could have. But I didn’t.”The document also described how Paul D. Ryan, a former Republican speaker of the House and current member of the Fox Corporation board of directors, said in his deposition that he had implored Mr. Murdoch and his son Lachlan, the chief executive officer, “that Fox News should not be spreading conspiracy theories.” Mr. Ryan suggested instead that the network pivot and “move on from Donald Trump and stop spouting election lies.”There was some discussion at the highest levels of the company about how to make that pivot, Dominion said.On Jan. 5, 2021, the day before the attack at the Capitol, Mr. Murdoch and Suzanne Scott, the chief executive of Fox News Media, talked about whether Mr. Hannity and his fellow prime-time hosts, Tucker Carlson and Laura Ingraham, should make it clear to viewers that Mr. Biden had won the election. Mr. Murdoch said in his deposition that he had hoped such a statement “would go a long way to stop the Trump myth that the election was stolen.”According to the filing, Ms. Scott said of the hosts, “Privately they are all there,” but “we need to be careful about using the shows and pissing off the viewers.” No statement of that kind was made on the air.Dominion details the close relationship that Fox hosts and executives enjoyed with senior Republican Party officials and members of the Trump inner circle, revealing how at times Fox was shaping the very story it was covering. It describes how Mr. Murdoch placed a call to the Republican leader of the Senate, Mitch McConnell, immediately after the election. In his deposition, Mr. Murdoch testified that during that call he likely urged Mr. McConnell to “ask other senior Republicans to refuse to endorse Mr. Trump’s conspiracy theories and baseless claims of fraud.”Dominion also describes how Mr. Murdoch provided Mr. Trump’s son-in-law and senior adviser, Jared Kushner, with confidential information about ads that the Biden campaign would be running on Fox.At one point, Dominion’s lawyers accuse Ms. Pirro, who hosted a Saturday evening talk show, of “laundering her own conspiracy theories through Powell.” The filing goes on to say Ms. Pirro bragged to her friends “that she was the source for Powell’s claims.” Dominion notes that this was “something she never shared with her audience.”The filing on Monday included a deposition by Viet Dinh, Fox Corporation’s chief legal officer, who was one of the many senior executive cautioning about the content of Fox’s coverage. After Mr. Hannity told his audience on Nov. 5, 2020, that it would be “impossible to ever know the true, fair, accurate election results,” Mr. Dinh told a group of senior executives including Lachlan Murdoch and Ms. Scott: “Hannity is getting awfully close to the line with his commentary and guests tonight.”When asked in his deposition if Fox executives had an obligation to stop hosts of shows from broadcasting lies, Mr. Dinh said: “Yes, to prevent and correct known falsehoods.”In their filing on Monday, Fox’s lawyers accused Dominion of cherry-picking evidence that some at Fox News knew the allegations against Dominion were not true and, therefore, acted out of actual malice, the legal standard required to prove defamation. “The vast majority of Dominion’s evidence comes from individuals who had zero responsibility for the statements Dominion challenges,” the lawyers said. More

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      What Fox News Hosts Said Privately vs. Publicly About Voter Fraud

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      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

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      Why Fox News Lied to the Viewers It ‘Respects’

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      There are some stories that are important enough to pause the news cycle and linger on them, to explore not just what happened, but why. And so it is with Fox News’s role in the events leading up to Jan. 6, 2021. Thanks to a recent filing by Dominion Voting Systems in its defamation lawsuit against Fox, there is now compelling evidence that America’s most-watched cable news network presented information it knew to be false as part of an effort to placate an angry audience. It knowingly sacrificed its integrity to maintain its market share.Why? There are the obvious reasons: Money. Power. Fame. These are universal human temptations. But the answer goes deeper. Fox News became a juggernaut not simply by being “Republican,” or “conservative,” but by offering its audience something it craved even more deeply: representation. And journalism centered on representation ultimately isn’t journalism at all.To understand the Fox News phenomenon, one has to understand the place it occupies in Red America. It’s no mere source of news. It’s the place where Red America goes to feel seen and heard. If there’s an important good news story in Red America, the first call is to Fox. If conservative Christians face a threat to their civil liberties, the first call is to Fox. If you’re a conservative celebrity and you need to sell a book, the first call is to Fox.And Fox takes those calls. In the time before Donald Trump, I spent my share of moments in Fox green rooms and pitching stories to Fox producers. I knew they were more interested in stories about, say, religious liberty than most mainstream media outlets were. I knew they loved human-interest stories about virtuous veterans and cops. Sometimes this was good — we need more coverage of religion in America, for example — but over time Fox morphed into something well beyond a news network.Fox isn’t just the news hub of right-wing America, it’s a cultural cornerstone, and its business model is so successful that it’s more accurate to think of the rest of the right-wing media universe not as a collection of competitors to Fox, but rather as imitators. From television channels to news sites, right-wing personalities aren’t so much competing with Fox as auditioning for it.Take, for example, the online space. Fox News is so dominant that, according to data from December, you could take the total traffic of the next 19 conservative websites combined, and still not reach half of Fox’s audience.But that kind of loyalty is built around a social compact, the profound and powerful sense in Red America that Fox is for us. It’s our megaphone to the culture. Yet when Fox created this compact, it placed the audience in charge of its content.During the Trump years, Fox faithfully upheld its end of the bargain. If you were Republican and felt embattled for supporting Donald Trump, a quick visit to Fox (especially in prime time) would calm your mind and soothe your soul. There you’d be reminded that the Democrats are the real radicals. That the Democrats are the true threat to America. And if you voted for Trump even though you were uncomfortable with some of his conduct, it was only because “they” forced your hand.As the Trump years wore on, the prime-time messaging became more blatant. Supporting Trump became a marker not just of patriotism, but also of courage. And what of conservatives, like myself, who opposed Trump? We were “cowards” or “grifters” who sold our souls for 30 pieces of silver and airtime on MSNBC.Our disagreement was cast as an act of outright betrayal. People like me had allegedly turned our backs on our own community. We had failed in our obligation to be their voice.So you can start to understand the shock when, on Election Day in 2020, Fox News accurately, if arguably prematurely, called Arizona for Joe Biden. It broke the social compact. By presuming the fairness of the election and by declaring Joe Biden the winner of a previously red state, Fox sent a message to its own audience — an audience that had been primed to mistrust election results by Trump and by reports on Fox News — that it did not hear them. It did not see them.In the emails and texts highlighted in the Dominion filing, you see Fox News figures, including Sean Hannity and Suzanne Scott and Lachlan Murdoch, referring to the need to “respect” the audience. To be clear, by “respect” they didn’t mean “tell the truth” — an act of genuine respect. Instead they meant “represent.”Representation can have its place. Fox’s deep connection with its conservative audience means that it can be ahead of the rest of the media on stories that affect red states and red culture.But there is a difference between coming from a community and speaking for a community. In journalism, the former can be valuable, but the latter can be corrupt. It can result in audience capture (writing to please your audience, not challenge it) and in fear and timidity in reporting facts that contradict popular narratives. And in extreme instances — such as what we witnessed from Fox News after the 2020 presidential election — it can result in almost cartoonish villainy.There are courageous reporters at Fox. We learned some of their names in the Dominion filing. They were the people who had the courage to tell the truth. But then there are the leaders, and the prime-time stars. Tough? Courageous? Hardly. When push comes to shove, they embody the possibly apocryphal remark of the French revolutionary Alexandre Auguste Ledru-Rollin: “There go the people. I must follow them, for I am their leader.” And follow them they did, straight into a morass of lies and conspiracy theories that should undermine Fox’s credibility for years to come.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

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      What Fox News Says When You’re Not Listening

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      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

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      Fox Stars Privately Expressed Disbelief About Trump’s Election Fraud Claims

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      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

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      The Times Asks Judge to Unseal Documents in Fox News Defamation Case

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      Most of the evidence in the case has remained under seal at the request of Fox’s lawyers.The New York Times asked a judge on Wednesday to unseal some legal filings that contain previously undisclosed evidence in a defamation suit brought against Fox News by Dominion Voting Systems, a company targeted with conspiracy theories about rigged machines and stolen votes in the 2020 election.Most of the evidence in the case — including text messages and emails taken from the personal phones of Fox executives, on-air personalities and producers in the weeks after the election — has remained under seal at the request of lawyers for the network.Federal law and the law in Delaware, where the case is being heard, broadly protect the public’s right of access to information about judicial proceedings. The law allows for exceptions if a party in a lawsuit can show good cause to keep something under seal, such as a company seeking to protect a trade secret or financial information.The judge in the case, Eric M. Davis, has cautioned that neither Fox nor Dominion was entitled to keep information secret for reasons not covered by those limited exceptions, including, he said last month, the fact that something “may be embarrassing.”Dominion filed the lawsuit in early 2021, arguing that “Fox sold a false story of election fraud in order to serve its own commercial purposes.” It is asking for $1.6 billion in damages from the network and its parent company, Fox Corporation.Fox has defended itself by claiming that the commentary of its hosts and guests was protected under the First Amendment, and that the allegations of fraud made by former President Donald J. Trump and his allies were inherently newsworthy, even if they were false.The Times argued that the law tilts heavily toward the public’s right to access even if it also allows for limited exceptions. The Times is being joined by National Public Radio in its request to make public hundreds of pages of documents filed under seal this month by Fox and Dominion.Dominion’s suit, The Times said in its filing with Judge Davis, “is unquestionably a consequential defamation case that tests the scope of the First Amendment.”Further, the complaint said, the suit “undeniably involves a matter of profound public interest: namely, how a broadcast network fact-checked and presented to the public the allegations that the 2020 presidential election was stolen and that plaintiff was to blame.”David McCraw, The Times’s deputy general counsel, said in a statement: “The public has a right to transparent judicial proceedings to ensure that the law is being applied fairly. That is especially important in a case that touches upon political issues that have deeply divided the country.”Judge Davis has scheduled a trial for April. More

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      Hannity and Other Fox Employees Said They Doubted Trump’s Fraud Claims

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      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

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      Defamation Suit Against Fox Grows More Contentious

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      Lachlan Murdoch is set to be deposed on Monday, the latest in a flurry of activity in the high-stakes case.Lachlan Murdoch, the chief executive of the Fox Corporation, is expected to be deposed on Monday as part of a $1.6 billion defamation lawsuit against Fox News for amplifying bogus claims that rigged machines from Dominion Voting Systems were responsible for Donald J. Trump’s defeat in 2020.Mr. Murdoch will be the most senior corporate figure within the Fox media empire to face questions under oath in the case so far. And his appearance before Dominion’s lawyers is a sign of how unexpectedly far and fast the lawsuit has progressed in recent weeks — and how contentious it has become.Fox and Dominion have gone back and forth in Delaware state court since the summer in an escalating dispute over witnesses, evidence and testimony. The arguments point to the high stakes of the case, which will render a judgment on whether the most powerful conservative media outlet in the country intentionally misled its audience and helped seed one of the most pervasive lies in American politics.Although the law leans in the media’s favor in defamation cases, Dominion has what independent observers have said is an unusually strong case. Day after day, Fox hosts and guests repeated untrue stories about Dominion’s ties to communist regimes and far-fetched theories about how its software enabled enemies of the former president to steal his votes.“This is a very different kind of case,” said David A. Logan, dean of the Roger Williams School of Law, who has argued in favor of loosening some libel laws. “Rarely do cases turn on a weekslong pattern of inflammatory, provably false, but also oddly inconsistent statements.”Dominion, in its quest to obtain the private communications of as many low-, mid- and high-level Fox personnel as possible, hopes to prove that people inside the network knew they were disseminating lies. Fox hopes to be able sow doubt about that by showing how its hosts pressed Trump allies for evidence they never produced and that Dominion machines were vulnerable to hacking, even if no hacking took place.The judge, Eric M. Davis, has ruled in most instances in Dominion’s favor, allowing the voting company to expand the pool of potential evidence it can present to a jury to include text messages from the personal phones of Fox employees and the employment contracts of star hosts such as Sean Hannity and Tucker Carlson, along with those of Suzanne Scott, the chief executive of Fox News Media, and her top corporate managers.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.Dominion has conducted dozens of depositions with current and former network personalities, producers, business managers and executives. The people questioned come from the rungs of middle management at Fox News headquarters in Manhattan to the corner office in Century City, Los Angeles, where Mr. Murdoch oversees the Fox Corporation and its sprawling enterprise of conservative media outlets.The fight over depositions has intensified in recent weeks as lawyers for the two companies sparred over whether Mr. Hannity and another pro-Trump host, Jeanine Pirro, should have to sit for a second round of questioning about messages that Dominion obtained from their phones as part of the discovery process. Fox lawyers have argued that the hosts should not be compelled to testify again, citing the legal protections that journalists have against being forced to reveal confidential sources.The judge ruled that Dominion’s lawyers could question both Mr. Hannity and Ms. Pirro again but limited the scope of what they could ask. Ms. Pirro’s second deposition was late last month; Mr. Hannity’s has yet to be scheduled.Fox has accused Dominion in court filings of making “escalating demands” for documents that are voluminous in quantity, saying it would have to hire a second litigation team to accommodate such a “crushing burden.” (The judge has largely disagreed.)In a sign of the simmering tensions between the two sides, Fox lawyers have asked the court to impose tens of thousands of dollars in sanctions against Dominion. Fox has accused the voting machine company’s chief executive, John Poulos, and other senior company officials of failing to preserve their emails and text messages, as parties to a lawsuit are required to do with potentially relevant evidence.After Dominion filed its lawsuit in March 2021 — claiming that Fox’s coverage of its machines not only cost it hundreds of millions of dollars in business but “harmed the idea of credible elections” — many media law experts assumed this case would end like many other high-profile defamation case against a news organization: with a settlement.Fox News has a history of settling sensitive lawsuits before they reach a jury. In the last several years alone, it has paid tens of millions of dollars in claims: to women who reported sexual harassment by its former chief executive, Roger Ailes, and by prominent hosts including Bill O’Reilly; as well as to the family of Seth Rich, a former Democratic Party staff member who was killed in a robbery that some conservatives tried to link to an anti-Clinton conspiracy theory.But a settlement with Dominion appears to be a remote possibility at this point. Fox has said that the broad protections provided to the media under the First Amendment shield it from liability. The network says it was merely reporting on Mr. Trump’s accusations, which are protected speech even if the president is lying. Dominion’s complaint outlines examples in which Fox hosts did more than just report those false claims, they endorsed them.“This does not appear to be a case that’s going to settle — but anything can happen,” said Dan K. Webb, a noted trial lawyer who is representing Fox in the dispute. “There are some very fundamental First Amendment issues here, and those haven’t changed.”In a statement, Dominion said the company was confident its case would show that Fox knew it was spreading lies “from the highest levels down.”“Instead of acting responsibly and showing remorse, Fox instead has doubled down,” the statement said. “We’re focused on holding Fox accountable and are confident the truth will ultimately prevail.”The judge has set a trial date for April of next year. A separate defamation suit against Fox by the voting company Smartmatic is not scheduled to be ready for trial until the summer of 2024.Part of the reason Fox executives and its lawyers believe they can prevail is the high burden of proof Dominion must reach to convince a jury that the network’s coverage of the 2020 election defamed it. Under the law, a jury has to conclude that Fox acted with “actual malice,” meaning that people inside the network knew that what they were reporting was false but did so anyway, or that they recklessly disregarded information showing what they were reporting was wrong.That is what Dominion hopes to show the jury with the private messages it obtained from a several-week period after the election from Fox employees at all levels of the company. Very little is known publicly about what those messages could contain.In addition to arguing that its coverage of Dominion was protected as free speech, Fox argues it was merely covering statements from newsmakers. “There is nothing more newsworthy than covering the president of the United States and his lawyers making allegations of voter fraud,” a spokeswoman said.Fox’s lawyers are also planning lines of defense that they hope will dent Dominion’s credibility, even if that means leaning into some of the conspiracy theories that are at the heart of Dominion’s case. They may argue, for example, that it was plausible that the machines had been hacked, pointing to questions that were raised by at least one independent expert about whether the software was secure.As part of their fact-finding, Fox lawyers sought information from a University of Michigan computer scientist who wrote a report this year saying there were vulnerabilities in Dominion’s system that could be exploited, even though there is no evidence of any such breach.Mr. Webb said the intent would be to show that the fraud allegations “were not made up out of whole cloth.” But it was not his plan, he said, to pretend that Mr. Trump’s voter fraud falsehoods — which were the same as many of the falsehoods uttered on the air at Fox — were true. “The president’s allegations were not correct,” Mr. Webb said. He added that he planned “to show the jury that those security concerns were there and were real and added plausibility to the president’s allegations.”After Mr. Murdoch’s deposition on Monday, lawyers on both sides of the case said they expected one additional senior executive to be questioned by Dominion’s lawyers: Rupert Murdoch, chairman of the Fox Corporation, who founded Fox News with Mr. Ailes more than 25 years ago. More