More stories

  • in

    Fox Leaders Wanted to Break From Trump but Struggled to Make It Happen

    Executives and top hosts found themselves in a bind after Donald Trump began pushing unfounded claims about election fraud, court filings show.Five days after a pro-Trump mob attacked the U.S. Capitol, a board member of the Fox Corporation, Anne Dias, reached out to Rupert and Lachlan Murdoch with an urgent plea.“Considering how important Fox News has been as a megaphone for Donald Trump,” she said, it was time “to take a stance.” Ms. Dias, who sounded shaken by the riot, said she thought Fox News and the nation faced “an existential moment.”As quickly as the two Murdochs began discussing how to respond, their bind became evident.“Just tell her we have been talking internally and intensely,” Rupert Murdoch, whose family controls the company, wrote in an email. Fox News, he told his son, “is pivoting as fast as possible.” But he sounded a note of caution: “We have to lead our viewers, which is not as easy as it might seem.”Ever since Donald J. Trump announced his presidential campaign in 2015, Rupert Murdoch and his Fox News Channel have struggled with how to handle the man and the movement they helped create.“Navigating” the delicate balance between truth and “crazy” was how Mr. Murdoch described his challenge in emails made public this week as part of Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News, which is expected to go to trial in April.For the most part, Mr. Murdoch has been wildly successful at striking the balance. Fox converted Mr. Trump’s mass following into loyal viewers who deliver Mr. Murdoch and his shareholders huge profits.A 2018 headline about President Donald J. Trump that was displayed outside Fox News studios in New York.Mark Lennihan/Associated PressBut the emails among the Murdochs and the senior leadership of their companies, along with depositions of both men as part of the case, revealed just how Fox and its leaders strained to push back against Mr. Trump when he began spreading unfounded claims about widespread election fraud.The leadership of Fox and its star hosts are often viewed from the outside as power brokers in Republican politics — with much justification. But in the wake of the election, they appeared fearful of alienating Mr. Trump’s supporters, almost to the point of powerlessness, court filings containing internal communications and depositions show.Privately, the executives and hosts expressed despair and disgust at the Trump associates who were using Fox News’s platforms to spread bogus allegations of voter fraud. Yet the wishes of the audience — or how the network’s executives interpreted them — dictated which guests were booked, what kind of new programming was created, what correspondents could say on the air and even which people lost their jobs, according to the details in a 212-page brief that Dominion filed in a Delaware state court this week.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.Fox News has expressed confidence that Dominion’s claims will fall apart once their full context becomes apparent at the trial. “Dominion blatantly misconstrued the facts by cherry-picking sound bites, omitting key context and mischaracterizing the record,” a Fox News spokeswoman said.As it became evident that some of Fox’s audience was turning against it after it projected President Biden’s victory, and viewers started switching to hard-right alternatives like Newsmax, people inside the network scrambled to stanch the bleeding.Even as executives raised concerns about Mr. Trump to one another, they came down hard on those seen as too tough on him.Eleven days after the election, for instance, Lachlan Murdoch became irritated watching the Fox News correspondent Leland Vittert’s reporting on a pro-Trump rally in Washington, considering it too critical. Mr. Murdoch called Mr. Vittert’s coverage “smug and obnoxious” in a message to Suzanne Scott, chief executive of Fox News Media. Ms. Scott responded that she was “calling now,” to direct someone to relay the message to the correspondent and his producer.As word of Mr. Murdoch’s complaint made its way down the food chain, the executive in charge of Fox’s weekend programming, David Clark, also weighed in, telling a colleague in an email that he had texted Mr. Vittert “and told him to cut it out.”To Lachlan Murdoch, there seemed to be no detail too small to complain about if he believed it was hurting the bond that Fox News had forged with its audience over the years. He also complained to Ms. Scott at one point about what he saw as the negative tone toward Mr. Trump in the chyron — the block of text that appears at the bottom of the screen. It was too wordy, he said, and too negative about the president.Lachlan Murdoch complained that a Fox News reporter’s coverage of a pro-Trump rally was “smug and obnoxious.”Mike Cohen for The New York TimesRupert Murdoch offered Ms. Scott suggestions on booking guests who were known to Trump supporters as loyal defenders. One person he proposed in late November 2020 was the former national security adviser Michael T. Flynn, who had pleaded guilty in 2017 to lying to federal investigators about his contacts with a Russian ambassador. A week after Mr. Murdoch sent his note, Dominion’s filing says, Mr. Flynn appeared on Maria Bartiromo’s Fox Business program.The elder Mr. Murdoch also told Ms. Scott to get rid of a senior Fox News manager, Bill Sammon, telling her that it would go a long way with the former president’s core supporters. “Maybe best to let Bill go right away,” he told Ms. Scott on Nov. 20. Mr. Sammon ran the network’s Washington bureau and oversaw the unit that was responsible for Fox’s early — and correct — decision to project that Mr. Biden would win Arizona. That call had infuriated Mr. Trump and his supporters.Mr. Murdoch explained to Ms. Scott that the firing would “be a big message with Trump people.” According to the Dominion brief, Mr. Sammon was told that he was being let go that same day.As Fox executives stamped out skepticism of Mr. Trump in the network’s coverage, they also grew disillusioned with the increasing amount of “crazy” on their airwaves, as Rupert Murdoch described the Trump legal adviser Sidney Powell in an email to a friend, according to the legal filings. By early December 2020, as Mr. Trump’s claims of being cheated grew more far-fetched, Mr. Murdoch acknowledged how difficult it had become to continue delivering coverage that didn’t insult loyal, pro-Trump viewers without stating the obvious: The president was lying to them about his loss.In one message to Ms. Scott, Mr. Murdoch lamented Mr. Trump’s performance at a rally in Georgia where he called for Gov. Brian Kemp to help overturn the election, as well as other recent comments from the president. “All making it harder to straddle the issue! We should talk through this,” he wrote.After Jan. 6, 2021, as hopes among many conservatives skeptical of Mr. Trump swelled that the Republican Party might finally be done with him, some of his biggest stalwarts inside Fox News seemed to be backing away from him — even the host Sean Hannity, one of Mr. Trump’s most dedicated on-air supporters, according to Mr. Murdoch’s emails.“Wake-up call for Hannity,” Mr. Murdoch wrote in an email on Jan. 12, 2021, to Paul D. Ryan, the former Republican speaker of the House and a Fox Corporation board member. Mr. Murdoch explained that the host had been “privately disgusted by Trump for weeks, but was scared to lose viewers.”For a time, at least. It did not take long for Mr. Hannity and other prime-time hosts, including Tucker Carlson, to begin talking about the attack and its aftermath as Mr. Trump and his supporters preferred.In the opening monologue of one of his shows in June 2022, with a congressional investigation into the assault in full swing, Mr. Hannity told his audience, “January 6 is just another excuse to smear Donald Trump and anyone who supports them.” More

  • in

    Murdoch Acknowledges Fox News Hosts Endorsed Election Fraud Falsehoods

    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

  • in

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

    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