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      First Amendment Scholars Want to See the Media Lose These Cases

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      Some legal experts say it is time to draw a sharp line between protected speech and harmful disinformation.The lawyers and First Amendment scholars who have made it their life’s work to defend the well-established but newly threatened constitutional protections for journalists don’t usually root for the media to lose in court.But that’s what is happening with a series of recent defamation lawsuits against right-wing outlets that legal experts say could be the most significant libel litigation in recent memory.The suits, which are being argued in several state and federal courts, accuse Project Veritas, Fox News, The Gateway Pundit, One America News and others of intentionally promoting and profiting from false claims of voter fraud during the 2020 election, and of smearing innocent civil servants and businesses in the process.If the outlets prevail, these experts say, the results will call into question more than a half-century of precedent that created a clear legal framework for establishing when news organizations can be held liable for publishing something that’s not true.Libel cases are difficult to prove in the United States. Among other things, public figures have to show that someone has published what the Supreme Court has called a “calculated falsehood” or acted with reckless disregard for the truth.But numerous First Amendment lawyers said they thought the odds were strong that at least one of these outlets would suffer a rare loss at trial, given the extensive and well-documented evidence against them.That “may well turn out to be a good thing,” said Lee Levine, a veteran First Amendment lawyer who has defended some of the biggest media outlets in the country in libel cases.The high legal bar to prove defamation had become an increasingly sore subject well before the 2020 election, mainly but not exclusively among conservatives, prompting calls to reconsider the broad legal immunity that has shielded journalists since the landmark 1964 Supreme Court decision New York Times v. Sullivan. Critics include politicians like former President Donald J. Trump and Sarah Palin, who lost a defamation suit against The Times last month and has asked for a new trial, as well as two Supreme Court justices, Clarence Thomas and Neil M. Gorsuch.Mr. Levine said a finding of liability in the cases making their way through the courts could demonstrate that the bar set by the Sullivan case did what it was supposed to: make it possible to punish the intentional or extremely reckless dissemination of false information while protecting the press from lawsuits over inadvertent errors.“If nothing else,” Mr. Levine added, “it would effectively rebut the recent contentions that the Sullivan regime doesn’t work as intended.”The Sullivan case, which legal scholars consider as seminal to the First Amendment as Brown v. Board of Education of Topeka was to civil rights, established the “actual malice” standard for defamation. It requires that a suing public figure prove a person or media outlet knew what it said was false or acted with “reckless disregard” for the high probability that it was wrong.Calls to weaken that precedent drew considerable resistance from advocates for press freedom. But many of them have come to see the threat of a defamation suit — a tactic often used by the powerful to retaliate against and mute unwelcome criticism — as an essential tool in the battle against disinformation.Increasingly, many First Amendment lawyers see the courts as one of the last viable paths to deter the spread of political disinformation and help prevent repeats of dangerous situations — from another Jan. 6-style riot to the more isolated threats against local officials that grew out of Mr. Trump’s false insistence that the election was stolen from him.“I think we are at a time in U.S. history and world history of losing any ability as a civilization to distinguish between truth and falsity,” said Rodney Smolla, a lawyer representing Dominion Voting Systems, a technology company suing Fox News and several individuals who promoted conspiracy theories about the last election, including Rudolph W. Giuliani and Sidney Powell.“And one of the few legal avenues in which civilized countries have attempted to distinguish between truth and falsity is defamation law,” said Mr. Smolla, who believes the Sullivan decision is sound law. A judge in Delaware, where the Dominion suit was filed, denied Fox’s motion to dismiss the case in December, and it is now in the discovery phase.As a defense, Fox and others invoke the First Amendment and Sullivan, arguing that their reporting on the 2020 election and its aftermath is legally indistinguishable from the kind of basic, just-the-facts journalism that news organizations have always produced. Fox has portrayed itself as a neutral observer, saying it did not endorse claims about hacked voting machines and systemic voter fraud but instead offered a platform for others to make statements that were unquestionably newsworthy.As Fox News mounts its defense in the Dominion case and in a lawsuit by another voting systems company, Smartmatic, the network’s lawyers have argued that core to the First Amendment is the ability to report on all newsworthy statements — even false ones — without having to assume responsibility for them.“The public had a right to know, and Fox had a right to cover,” its lawyers wrote. As for inviting guests who made fallacious claims and spun wild stories, the network — quoting the Sullivan decision — argued that “giving them a forum to make even groundless claims is part and parcel of the ‘uninhibited, robust and wide-open’ debate on matters of public concern.’”Last week, a federal judge ruled that the Smartmatic case against Fox could go forward, writing that at this point, “plaintiffs have pleaded facts sufficient to allow a jury to infer that Fox News acted with actual malice.”The broadness of the First Amendment has produced strange bedfellows in free speech cases. Typically, across the political spectrum there is a recognition that the cost of allowing unrestrained discourse in a free society includes getting things wrong sometimes. When a public interest group in Washington State sued Fox in 2020, alleging it “willfully and maliciously engaged in a campaign of deception and omission” about the coronavirus, many First Amendment scholars were critical on the grounds that being irresponsible is not the same as acting with actual malice. That lawsuit was dismissed.But many aren’t on Fox’s side this time. If the network prevails, some said, the argument that the actual malice standard is too onerous and needs to be reconsidered could be bolstered.“If Fox wins on these grounds, then really they will have moved the needle too far,” said George Freeman, executive director of the Media Law Resource Center and a former lawyer for The New York Times. News organizations, he added, have a responsibility when they publish something that they suspect could be false to do so neutrally and not appear to be endorsing it.Fox is arguing that its anchors did query and rebut the most outrageous allegations.Paul Clement, a lawyer defending Fox in the Smartmatic case, said one of the issues was whether requiring news outlets to treat their subjects in a skeptical way, even if their journalists doubt that someone is being truthful, was consistent with the First Amendment.“If you’re superskeptical, you’re covered, but if you express sympathy, then somehow you’re not?” Mr. Clement said. “To me, that seems fundamentally problematic and antithetical to First Amendment values.”One America News also faces a lawsuit accusing it of deliberately promoting and profiting from false claims of voter fraud. It has not yet responded to the suit.The New York TimesPerhaps the boldest in claiming that they were merely reporting on important events and so are protected by the First Amendment are Project Veritas and its founder, James O’Keefe. They are being sued for publishing and amplifying the claims of a postal worker in Erie, Pa., who implicated his boss in a plot to backdate mail-in ballots and help elect President Biden. An investigation found no evidence to support those claims.In legal briefs, lawyers for Mr. O’Keefe and Project Veritas have called their work “the stuff responsible journalism is made of” and claimed that the case would put “news-gathering itself on trial.” To bolster their argument, they cite examples of how Project Veritas worked in ways that would seem consistent with professional news reporting, including reaching out to the accused postal supervisor for comment twice. A lawyer representing Mr. O’Keefe had no comment.The lawsuit, however, paints a different picture from the “scrupulous” reporting that Project Veritas lawyers described. It recounts how, after the election, the outlet published multiple articles about someone it identified as a whistle-blower, Richard Hopkins, who came forward with accusations that the local postmaster, Robert Weisenbach, was a “Trump hater” and had ordered employees to backdate mail-in ballots to help Mr. Biden.But the lawsuit claims that Mr. Hopkins changed his recollection of events when postal inspectors questioned him, admitting that he did not know whether Mr. Weisenbach had directed anyone to backdate ballots. As for whether Mr. Weisenbach was really the “Trump hater” Mr. Hopkins made him out to be, Mr. Weisenbach said he had voted for Mr. Trump.In the complaint, Mr. Weisenbach’s lawyers argued that what Project Veritas had done “was not investigative journalism.” Rather, they said, “it was targeted character assassination” aimed at undermining public faith in democracy.“It has no place in our country,” the complaint added.Protect Democracy, a nonpartisan advocacy group representing Mr. Weisenbach, is also assisting two public employees in Georgia who were falsely accused of orchestrating voter fraud. The pair, a mother and daughter, are suing The Gateway Pundit and One America News over articles that accused them of helping fake a water main break at a Fulton County ballot counting center and then telling everyone to go home so they could add suitcases full of illegal ballots to Mr. Biden’s totals.OAN has not yet responded to the suit. Lawyers for The Gateway Pundit have denied the claims in court filings.Rachel Goodman, counsel for Protect Democracy, said this kind of litigation “makes clear that there are steep costs to recklessly or intentionally spreading fiction for political or personal profit.”“It reminds them that the speech standards that have governed the marketplace of ideas for decades apply to them, too,” Ms. Goodman added. More

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      Much of Smartmatic Case Against Fox News Can Proceed, Judge Rules

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      The $2.7 billion defamation lawsuit against Fox News by the election technology company Smartmatic can move forward, a New York judge ruled on Tuesday. But the judge tossed out Smartmatic’s defamation claims against the Fox News host Jeanine Pirro and a network guest, Sidney Powell.Smartmatic sued Rupert Murdoch’s cable news networks last year, along with several Fox hosts and guests. The lawsuit accused them of damaging the company by promoting a false narrative about the 2020 election: that Smartmatic and other voting systems companies tried to rig the race against President Donald J. Trump. Smartmatic later expanded its legal battle against disinformation to the right-wing media outlets Newsmax and One America News Network.On Tuesday, Justice David B. Cohen of State Supreme Court in Manhattan said in a 61-page ruling that, “at a minimum, Fox News turned a blind eye to a litany of outrageous claims about plaintiffs, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth.”He added, “At this nascent stage of the litigation, this court finds that plaintiffs have pleaded facts sufficient to allow a jury to infer that Fox News acted with actual malice.”He also declined to dismiss Smartmatic claims against Maria Bartiromo, the Fox Business star, and Lou Dobbs, whose Fox Business show was a frequent clearinghouse for baseless theories of electoral fraud in the weeks after Mr. Trump’s defeat. Fox canceled Mr. Dobbs’s program last year, one day after Smartmatic sued.Citing a legal technicality, Justice Cohen dismissed most of Smartmatic’s defamation claims against Rudolph W. Giuliani, who, appearing on Fox News as a legal representative for Mr. Trump, said the technology company had “tried-and-true methods for fixing elections,” among other false assertions. Even so, Justice Cohen said there was “substantial” evidence that Mr. Giuliani “acted with actual malice insofar as he evinced a reckless disregard for the truth” and ruled that Smartmatic could try again. The judge allowed another part of Smartmatic’s defamation case against Mr. Giuliani to go forward.Fox News vowed a swift appeal.“While we are gratified that Judge Cohen dismissed Smartmatic’s claims against Jeanine Pirro at this early stage, we still plan to appeal the ruling immediately,” the network said in a statement. The network added that it would “continue to litigate these baseless claims by filing a counterclaim for fees and costs” under New York’s anti-SLAPP (strategic lawsuit against public participation) statute, which is meant to quickly set aside lawsuits that may be intended to chill free speech.Fox News said it would do so “to prevent the full-blown assault on the First Amendment which stands in stark contrast to the highest tradition of American journalism.”In dismissing the claim against Ms. Pirro, Justice Cohen said that while she had asserted on her show that Democrats “stole votes,” she had not specifically blamed Smartmatic’s software.A spokesman for Smartmatic did not reply to a request for comment.Fox News is also battling a related $1.6 billion defamation lawsuit from Dominion Voting Systems, which has accused the channel of advancing lies that devastated its reputation and business. A Delaware judge rejected an attempt by Fox News to dismiss Dominion’s lawsuit in December. More

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      Bob Beckel, Liberal Operative Who Became a Fixture on Fox, Dies at 73

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      He ran Walter Mondale’s 1984 presidential campaign, and later became a curmudgeonly pundit on conservative TV.Bob Beckel, who parlayed a lengthy career as a Democratic political operative into an even longer one as a TV pundit, mostly for Fox News, where he assumed the role of avuncular in-house liberal with a penchant for saying whatever was on his mind, died on Sunday at his home in Silver Spring, Md. He was 73.His daughter, McKenzie Beckel, confirmed the death but said the cause had not been determined.As a pundit, Mr. Beckel often traded punches with the likes of Sean Hannity and Greg Gutfeld. But some of his positions — though he defended Barack Obama, he called for a freeze on visas for Muslim and Chinese students — meant that he often had more friends on the right than the left.“He and I got along great. He had a key to my house,” Mr. Hannity said on his show on Monday. Appearing alongside Mr. Hannity, Laura Ingraham, another Fox host, called him “an old-time liberal you could fight with.”But Mr. Beckel frequently crossed the line into cultural insensitivity. On the Fox News show “The Five,” where he was a host, he used racial slurs for Chinese people and repeatedly questioned the loyalty of Muslim-Americans. “I am an Islamophobe. That’s right — you can call me that all you want,” he said in 2015, after the attack on the offices of the French satirical magazine Charlie Hebdo.Fox News fired him in 2015, ostensibly over a dispute about an extended medical leave, which began with back surgery but, after he became addicted to pain killers, turned into a stay in rehab. The network rehired him in early 2017 to great fanfare — only to fire him again a few months later, after a Black employee accused him of making a racist remark.Mr. Beckel denied the charge, saying he had been set up because of his constant criticism of President Donald Trump.Mr. Beckel rose to national prominence as the outspoken campaign manager for Walter Mondale’s 1984 presidential campaign. By all accounts he ran a savvy race, helping his candidate overcome an embarrassing loss in the New Hampshire primary to Senator Gary Hart of Colorado — in part by persuading Mr. Mondale to question the substance of Mr. Hart’s agenda during a debate by uttering the popular catchphrase, “Where’s the beef?”Mr. Mondale clinched the nomination, but Ronald Reagan trounced him that November in one of the most lopsided elections in recent history.Soon after, Mr. Beckel announced he was done with campaigns, but not politics. The next year he established a consulting firm, advising politicians and corporate clients, and he hung out his hat as a pundit on cable, network and local news coverage through the 1990s.He signed on as a commentator with Fox News in 2000, and in 2011 he joined four other of the network’s personalities to launch “The Five,” an afternoon gab fest loosely modeled on “The View.”Mr. Beckel, second from left, in 2013 with his co-hosts on “The Five,” from left, Kimberly Guilfoyle, Eric Bolling, Dana Perino, Greg Gutfeld and Andrea Tantaros.Carlo Allegri/Invision, via Associated PressThe show took off, dominating its 5 p.m. time slot and ranking behind only Mr. Hannity in Fox viewers. Many of the show’s fans, including a surprising number of liberals, said they tuned in mostly to see what the always unpredictable Mr. Beckel would do next.Broad-shouldered and slightly stooped, decked in bright suspenders and shirt sleeves, Mr. Beckel was as likely to defend liberal pieties as he was to puncture them. He might make a crude gesture at one of his conservative sparring partners, or show up just before Christmas dressed as Santa Claus.“It’s like seeing a family at Thanksgiving come home and argue about politics, but you know that everybody loves each other,” he told The New York Times in 2011.Robert Gilliland Beckel was born on Nov. 15, 1948, in Greenwich Village in Manhattan. His father, Cambridge Graham Beckel, taught at Queens College and later at a high school in Lyme, Conn., where the family moved when Robert was in middle school. His mother, Ellen (Gilliland) Beckel, was a homemaker.His parents were both alcoholics, a fact that brought Mr. Beckel great shame but one he discussed freely, especially in light of his own later struggles with substance abuse.But his father, who worked on the side as a labor organizer and a civil rights activist, also passed on a fierce commitment to progressive ideas, a complicated legacy that Mr. Beckel examined in his memoir “I Should Be Dead: My Life Surviving Politics, TV, and Addiction” (2015).He graduated in 1970 with a degree in political science from Wagner College, in Staten Island, where he also played football. He served in the Peace Corps in the Philippines between 1971 and 1972, and joined the State Department in 1977.There, as a deputy assistant secretary, he worked on the Panama Canal Treaty, the SALT II arms control negotiations, and U.S. policy in the Middle East. He left to run the Texas ground operations for Jimmy Carter’s re-election campaign, a losing effort that would nonetheless set him up to run Mr. Mondale’s campaign.Mr. Beckel was hard working as a pundit. He did whatever producers asked of him, whether substituting for vacationing hosts or jumping into election night coverage. “It’s a way for me to keep my finger in the socket,” he told The Washington Post in 1991. “I can still get juiced up for the campaigns, but I don’t have to do them. I can go to Iowa and New Hampshire, do my stand-ups and then go to bed.”He married Leland Ingham, a professional golfer, in 1991; they divorced in 2002. Along with his daughter, he is survived by his son, Alex; his brother, Graham; and his sister, Peggy Proto.In November 2000 Mr. Beckel undertook an effort to see whether electors in Florida could be persuaded to switch their votes from George W. Bush to Al Gore. When The Wall Street Journal reported on his project, Mr. Gore distanced himself from it, and when Mr. Beckel persisted, two partners at his firm left, forcing him to dissolve it.Mr. Becker in 1997 with Senator John McCain. He advised both politicians and corporate clients through his consulting firm.Rebecca Roth/CQ Roll Call via Getty ImagesMr. Beckel’s demons occasionally brought him controversy. In early 2001 he got drunk at a bar in Maryland and made a pass at a married woman. Her husband, sitting nearby, pulled out a gun and aimed it at Mr. Beckel’s head; he pulled the trigger and it misfired.A year later he hired a prostitute who then tried to extort money from him; after he refused and she went public, he was fired from the campaign of Alan Blinken, a Democrat (and uncle of Antony Blinken, the secretary of state) who was running for Senate in Idaho.Mr. Beckel kept on rolling. With the conservative writer Cal Thomas, he wrote a regular point-counterpoint column for USA Today, debating issues like immigration, the Iraq war and holiday shopping; they later co-wrote “Common Ground: How to Stop the Partisan War That Is Destroying America” (2008).But his real love was television.“I can write a good solid column about a presidential campaign in the L.A. Times and nobody will pay a hell of a lot of attention,” he told The Washington Post. “I get on ‘Crossfire’ and people seem to think that’s more important.” More

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      Durham Distances Himself From Furor in Right-Wing Media Over Filing

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      The special counsel implicitly acknowledged that White House internet data he discussed, which conservative outlets have portrayed as proof of spying on the Trump White House, came from the Obama era.WASHINGTON — John H. Durham, the Trump-era special counsel scrutinizing the investigation into Russia’s 2016 election interference, distanced himself on Thursday from false reports by right-wing news outlets that a motion he recently filed said Hillary Clinton’s campaign had paid to spy on Trump White House servers.Citing a barrage of such reports on Fox News and elsewhere based on the prosecutor’s Feb. 11 filing, defense lawyers for a Democratic-linked cybersecurity lawyer, Michael Sussmann, have accused the special counsel of including unnecessary and misleading information in filings “plainly intended to politicize this case, inflame media coverage and taint the jury pool.”In a filing on Thursday, Mr. Durham defended himself, saying those accusations about his intentions were “simply not true.” He said he had “valid and straightforward reasons” for including the information in the Feb. 11 filing that set off the firestorm, while disavowing responsibility for how certain news outlets had interpreted and portrayed it.“If third parties or members of the media have overstated, understated or otherwise misinterpreted facts contained in the government’s motion, that does not in any way undermine the valid reasons for the government’s inclusion of this information,” he wrote.But even as he did not acknowledge any problem with how he couched his filing last week, Mr. Durham said he would make future filings under seal if they contained “information that legitimately gives rise to privacy issues or other concerns that might overcome the presumption of public access to judicial documents.”Former President Donald J. Trump has seized on the inaccurate reporting to declare that there is now “indisputable evidence” of a Clinton campaign conspiracy against him — and to suggest that there ought to be executions. Mr. Trump, Fox News hosts and others have also criticized mainstream journalists for not covering the purported revelation.The dispute traces back to a pretrial motion in the case Mr. Durham has brought against Mr. Sussmann accusing him of making a false statement during a September 2016 meeting with the F.B.I. where he relayed concerns about possible cyberlinks between Mr. Trump and Russia. The bureau later dismissed those as unfounded.Mr. Durham says Mr. Sussmann falsely told the F.B.I. official he had no clients, but was really there on behalf of both the Clinton campaign and a technology executive named Rodney Joffe. Mr. Sussmann denies ever saying that, while maintaining he was only there on behalf of Mr. Joffe — not the campaign.Several sentences of the filing recounted a second meeting, in February 2017, where Mr. Sussmann had presented different concerns about odd internet data and Russia to the C.I.A., which came from the same cybersecurity researchers who developed the suspicions he had presented to the F.B.I.At the C.I.A. meeting, Mr. Sussmann shared concerns about data that suggested that someone using a Russian-made smartphone may have been connecting to networks at Trump Tower and the White House, among other places.Mr. Sussmann had obtained that information from Mr. Joffe. The court filing also stated that Mr. Joffe’s company, Neustar, had helped maintain internet-related servers for the White House, and accused Mr. Joffe — whom Mr. Durham has not charged with any crime — and his associates of having “exploited this arrangement” by mining certain records to gather derogatory information about Mr. Trump.In the fall, The New York Times had reported on Mr. Sussmann’s C.I.A. meeting and the concerns he had relayed about the data suggesting the presence of Russian-made YotaPhones — smartphones that are rarely seen in the United States — in proximity to Mr. Trump and in the White House.But over the weekend, the conservative news media treated those sentences in Mr. Durham’s filing as a new revelation while significantly embellishing what it had said. Mr. Durham, some outlets inaccurately reported, had said he had discovered that the Clinton campaign had paid Mr. Joffe’s company to spy on Mr. Trump. But the campaign had not paid his company, and the filing did not say so. Some outlets also quoted Mr. Durham’s filing as using the word “infiltrate,” a word it did not contain.Most important, the coverage about purported spying on the Trump White House was premised on the idea that the White House network data involved came from when Mr. Trump was president. But Mr. Durham’s filing did not say when it was from.Lawyers for a Georgia Institute of Technology data scientist who helped analyze the Yota data said on Monday that the data came from the Obama presidency. Mr. Sussmann’s lawyers said the same in a filing on Monday night complaining about Mr. Durham’s conduct.Mr. Durham did not directly address that basic factual dispute. But his explanation for why he included the information about the matter in the earlier filing implicitly confirmed that Mr. Sussmann had conveyed concerns about White House data that came from before Mr. Trump was president.The purpose of the earlier filing was to ask a judge to look at potential conflicts of interest on Mr. Sussmann’s legal team. Mr. Durham included those paragraphs, he wrote, in part because one of the potential conflicts was that a member of the defense had worked for the White House “during the relevant events that involved” the White House.The defense lawyer in question is Michael Bosworth, who was a deputy White House counsel in the Obama administration.Separately on Thursday, lawyers for Mr. Sussmann filed a pretrial motion asking a judge to dismiss the case.They argued that even if Mr. Sussmann did falsely say at the F.B.I. meeting that he had no client — which they deny — that would not rise to a “material” false statement, meaning one affecting a government decision. The decision facing the F.B.I. was whether to open an investigation about the concerns he relayed at that meeting, and it would have done so regardless, they said.Mr. Durham has said Mr. Sussmann’s supposed lie was material because had the F.B.I. known that he was acting “as a paid advocate for clients with a political or business agenda,” agents might have asked more questions or taken additional steps before opening an investigation. More

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      Court Filing Started a Furor in Right-Wing Outlets, but Their Narrative Is Off Track

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      The latest alarmist claims about spying on Trump appeared to be flawed, but the explanation is byzantine — underlining the challenge for journalists in deciding what merits coverage.WASHINGTON — When John H. Durham, the Trump-era special counsel investigating the inquiry into Russia’s 2016 election interference, filed a pretrial motion on Friday night, he slipped in a few extra sentences that set off a furor among right-wing outlets about purported spying on former President Donald J. Trump.But the entire narrative appeared to be mostly wrong or old news — the latest example of the challenge created by a barrage of similar conspiracy theories from Mr. Trump and his allies.Upon close inspection, these narratives are often based on a misleading presentation of the facts or outright misinformation. They also tend to involve dense and obscure issues, so dissecting them requires asking readers to expend significant mental energy and time — raising the question of whether news outlets should even cover such claims. Yet Trump allies portray the news media as engaged in a cover-up if they don’t.The latest example began with the motion Mr. Durham filed in a case he has brought against Michael A. Sussmann, a cybersecurity lawyer with links to the Democratic Party. The prosecutor has accused Mr. Sussmann of lying during a September 2016 meeting with an F.B.I. official about Mr. Trump’s possible links to Russia.The filing was ostensibly about potential conflicts of interest. But it also recounted a meeting at which Mr. Sussmann had presented other suspicions to the government. In February 2017, Mr. Sussmann told the C.I.A. about odd internet data suggesting that someone using a Russian-made smartphone may have been connecting to networks at Trump Tower and the White House, among other places.Mr. Sussmann had obtained that information from a client, a technology executive named Rodney Joffe. Another paragraph in the court filing said that Mr. Joffe’s company, Neustar, had helped maintain internet-related servers for the White House, and that he and his associates “exploited this arrangement” by mining certain records to gather derogatory information about Mr. Trump.Citing this filing, Fox News inaccurately declared that Mr. Durham had said he had evidence that Hillary Clinton’s campaign had paid a technology company to “infiltrate” a White House server. The Washington Examiner claimed that this all meant there had been spying on Mr. Trump’s White House office. And when mainstream publications held back, Mr. Trump and his allies began shaming the news media.“The press refuses to even mention the major crime that took place,” Mr. Trump said in a statement on Monday. “This in itself is a scandal, the fact that a story so big, so powerful and so important for the future of our nation is getting zero coverage from LameStream, is being talked about all over the world.”There were many problems with all this. For one, much of this was not new: The New York Times had reported in October what Mr. Sussmann had told the C.I.A. about data suggesting that Russian-made smartphones, called YotaPhones, had been connecting to networks at Trump Tower and the White House, among other places.The conservative media also skewed what the filing said. For example, Mr. Durham’s filing never used the word “infiltrate.” And it never claimed that Mr. Joffe’s company was being paid by the Clinton campaign.Most important, contrary to the reporting, the filing never said the White House data that came under scrutiny was from the Trump era. According to lawyers for David Dagon, a Georgia Institute of Technology data scientist who helped develop the Yota analysis, the data — so-called DNS logs, which are records of when computers or smartphones have prepared to communicate with servers over the internet — came from Barack Obama’s presidency.“What Trump and some news outlets are saying is wrong,” said Jody Westby and Mark Rasch, both lawyers for Mr. Dagon. “The cybersecurity researchers were investigating malware in the White House, not spying on the Trump campaign, and to our knowledge all of the data they used was nonprivate DNS data from before Trump took office.”In a statement, a spokesperson for Mr. Joffe said that “contrary to the allegations in this recent filing,” he was apolitical, did not work for any political party, and had lawful access under a contract to work with others to analyze DNS data — including from the White House — for the purpose of hunting for security breaches or threats.After Russians hacked networks for the White House and Democrats in 2015 and 2016, it went on, the cybersecurity researchers were “deeply concerned” to find data suggesting Russian-made YotaPhones were in proximity to the Trump campaign and the White House, so “prepared a report of their findings, which was subsequently shared with the C.I.A.”A spokesman for Mr. Durham declined to comment.Mr. Durham was assigned by the attorney general at the time, William P. Barr, to scour the Russia investigation for wrongdoing in May 2019 as Mr. Trump escalated his claims that he was the victim of a “deep state” conspiracy. But after nearly three years, he has not developed any cases against high-level government officials.Instead, Mr. Durham has developed two cases against people associated with outside efforts to understand Russia’s election interference that put forward unproven, and sometimes thin or subsequently disproved, suspicions about purported links to Mr. Trump or his campaign.Both cases are narrow — accusations of making false statements. One of those cases is against Mr. Sussmann, whom Mr. Durham has accused of lying during a September 2016 meeting with an F.B.I. official about Mr. Trump’s possible links to Russia.(Mr. Durham says Mr. Sussmann falsely said he had no clients, but was there on behalf of both the Clinton campaign and Mr. Joffe. Mr. Sussman denies ever saying that, while maintaining he was only there on behalf of Mr. Joffe — not the campaign.)Both Mr. Sussmann’s September 2016 meeting with the F.B.I. and the February 2017 meeting with the C.I.A. centered upon suspicions developed by cybersecurity researchers who specialize in sifting DNS data in search of hacking, botnets and other threats.A military research organization had asked Georgia Tech researchers to help scrutinize a 2015 Russian malware attack on the White House’s network. After it emerged that Russia had hacked Democrats, they began hunting for signs of other Russian activity targeting people or organizations related to the election, using data provided by Neustar.Mr. Sussmann’s meeting with the F.B.I. involved odd data the researchers said might indicate communications between the Trump Organization and Alfa Bank, a Kremlin-linked institution. The F.B.I. dismissed suspicions of a secret communications channel as unfounded. In the indictment of Mr. Sussmann, Mr. Durham insinuated that the researchers did not believe what they were saying. But lawyers for the researchers said that was false and that their clients believed their analysis.The meeting with the C.I.A. involved odd data the researchers said indicated there had been communications with Yota servers in Russia coming from networks serving the White House; Trump Tower; Mr. Trump’s Central Park West apartment building; and Spectrum Health, a Michigan hospital company that also played a role in the Alfa Bank matter. The researchers also collaborated on that issue, according to Ms. Westby and Mr. Rasch, and Mr. Dagon had prepared a “white paper” explaining the analysis, which Mr. Sussmann later took to the C.I.A.Mr. Durham’s filing also cast doubt on the researchers’ suggestion that interactions between devices in the United States and Yota servers were inherently suspicious, saying that there were more than three million such DNS logs from 2014 to 2017 — and that such logs from the White House dated back at least that long.But Ms. Westby and Mr. Rasch reiterated that YotaPhones are extremely rare in the United States and portrayed three million DNS logs over three years as “paltry and small relative to the billions and billions” of logs associated with common devices like iPhones.“Yota lookups are extremely concerning if they emanate from sensitive networks that require protection, such as government networks or people running for federal office,” they said. More

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      Where Fox News and Donald Trump Took Us

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      Roger Ailes understood the appeal Mr. Trump had for Fox viewers. He didn’t foresee how together they would redefine the limits of political discourse.When Roger Ailes ran CNBC in the mid-1990s, he gave himself a talk show called “Straight Forward.” It long ago vanished into the void of canceled cable programs and never received much attention after the network boss moved on to produce more provocative and polarizing content as chairman of Fox News. But “Straight Forward” was a fascinating window into what kind of people Mr. Ailes considered stars.Donald Trump was one of them. In late 1995, Mr. Ailes invited Mr. Trump, then a 49-year-old developer of condos and casinos, on the show and sounded a bit star-struck as he asked his guest to explain how a Manhattan multimillionaire could be so popular with blue-collar Americans.“The guy on the street, the cabdrivers, the guys working on the road crews go, ‘Hey, Donald! How’s it going?’” Mr. Ailes observed while the two men sat in front of a wood-paneled set piece that gave the studio the appearance of an elegant den in an Upper East Side apartment. “It’s almost like they feel very comfortable with you, like you’re one of them. And I’ve never quite figured out how you bridge that.”Mr. Trump answered by flipping his host’s assertion around. It was because of who hated him: other people with money. “The people that don’t like me are the rich people. It’s a funny thing. They can’t stand me,” Mr. Trump said, adding, “I sort of love it.”What Mr. Ailes sensed about Mr. Trump’s popularity with middle- and working-class Americans in the 1990s would stay with him, because he identified with it. “A lot of what we do at Fox is blue collar stuff,” he said in 2011.His understanding of those dynamics helped shape the coverage he directed for decades and led to an embrace of grievance-oriented political rhetoric that the Republican Party, and a further fragmented right-wing media landscape, is grappling with as it looks toward elections this fall and the possibility of Mr. Trump returning to politics.Roger Ailes interviewing Mr. Trump in 1995. “The people that don’t like me are the rich people,” Mr. Trump said.CNBCMr. Ailes was eventually ousted from Fox after several women at the network came forward to say he had sexually harassed them. But before that, his intuition about what audiences wanted — and what advertisers would pay for — helped Fox News smash ratings records for cable news. He could rouse the viewer’s patriotic impulses, mine their darkest fears and confirm their wildest delusions. Its coverage of then-Senator Barack Obama’s presidential campaign, often laced with baseless speculation about his past, helped propel the network in 2008 to the highest ratings it had ever recorded in its 12 years of existence. Mr. Ailes earned $19 million that year.As he looked to assemble a dynamic cast of right-wing media stars to channel the rage and resentment of the budding Tea Party insurgency, Mr. Ailes’s instincts pushed Fox News ratings even higher.Three personalities he put on the air at Fox during that period stood out for the way they gave voice to a particular kind of American grievance. There was Glenn Beck, whose show debuted the day before the Obama inauguration in 2009. There was also Sarah Palin, who joined as a paid contributor earning $1 million a year in 2010.And of course there was Donald Trump. He was “relatable rich,” Mr. Ailes told his staff, betting that viewers would see something aspirational in him, when he decided to give Mr. Trump a weekly morning slot in early 2011.But it was what Mr. Ailes did not see about Mr. Trump — how his popularity was a double-edged sword — that led him to the same flawed assumption that the leaders of the Republican Party would eventually make. What neither they nor Mr. Ailes considered fully as they opened their arms to these insurgent forces was what would happen if encouraging and empowering them meant redefining the limits of acceptable political discourse, dropping the bar ever lower, and then discovering that they were helpless to reel it back in.That’s how Fox News landed in a once-unthinkable position behind CNN and MSNBC in the ratings in the weeks after Election Day in 2020, losing viewers to outlets like Newsmax and One America News eager to revel in — and profit from — the kind of misinformation that Fox rejected when it told its audience the truth about Mr. Trump’s defeat in Arizona.In reporting this book on the Republican Party, I spoke with the former president several times, and we discussed media coverage that debunked his unfounded claims about the 2020 election.“A lot of people don’t want that,” Mr. Trump told me in an interview about a month after President Biden’s inauguration, referring to critical — if accurate — news reports about his behavior. “They don’t want to hear negativity toward me.”Trump as a manageable riskAt his core, Mr. Ailes was two things that made him think someone like Mr. Trump was a manageable risk: deeply motivated by growing the size of the Fox audience and the attendant profits that would fatten his annual bonus; and an establishment Republican who, as G.O.P. strategist, had helped elect Nixon, Reagan and George H.W. Bush.He was no different from the transactionally minded Republican leaders in Congress who looked at the energized group of voters in the Tea Party and thought: This is going to be good for business. Christopher Ruddy, the chief executive of Newsmax, recalled speaking with Mr. Ailes about the budding new political movement on the right — which would be good for both men’s bottom lines — and said that while Mr. Ailes liked the movement’s use of patriotic language and its rebellious spirit, he ultimately “saw them as a convenient grass-roots group.”Mr. Trump, Mr. Beck and Ms. Palin — three new Fox stars — initially delivered what Mr. Ailes was looking for: compelling television, good ratings and content viewers could find nowhere else. All three also ended up growing into big enough political celebrities in their own right — one more popular and entitled than the next — that Mr. Ailes eventually lost his ability to control them. (Through representatives, Mr. Beck and Ms. Palin declined to be interviewed.)One outburst from Mr. Beck in the summer of 2009 in particular demonstrated the extent to which norms were being stretched. That July, the raw, racialized anti-Obama anger of Tea Party sympathizers collided head-on with the country’s fraught history of systemic racial discrimination in Cambridge, Mass., when the noted Black scholar and Harvard professor Henry Louis Gates Jr. was arrested at his home after a neighbor assumed he was a burglar and called the police. The president defended Mr. Gates and criticized the police who had “acted stupidly,” in his view.Glenn Beck, here rehearsing his Fox News Channel show in 2009, was a Fox star but eventually fell out of Mr. Ailes’s favor.Nicholas Roberts for The New York TimesMr. Beck responded during an interview on “Fox & Friends,” saying that Mr. Obama had revealed his “deep-seated hatred for white people.” Then he added, matter of factly, “This guy is, I believe, a racist.” When a public outcry ensued, the response from the network was to defend their host. Bill Shine, head of programming, released a statement that called Mr. Beck’s comment a “personal opinion” and not reflective of the network’s views over all. “And as with all commentators in the cable news arena, he is given the freedom to express his opinions,” Mr. Shine added.The significance was hard to overstate. One of the biggest stars on the most-watched cable news network in the country said the country’s first Black president hated white people. And the response from Fox News was to say it was all perfectly defensible.But Mr. Beck would be out at Fox soon enough, as Mr. Ailes became convinced antics like these were too much of a distraction. According to a former senior on-air personality, Mr. Ailes told other people at the network that Mr. Beck was “insane” and had complained to him about various physical ailments that seemed fake, including fretting once that he might be going blind. The network announced Mr. Beck’s departure in the spring of 2011.A Fox News snubThe network’s relationship with another one of its stars was also changing: Mr. Ailes expressed concern about some of Ms. Palin’s public statements, including engagement with critics.Ms. Palin appeared to have reservations of her own. And the tension with Mr. Ailes, which was more nuanced than known publicly, would help open the door at the network for Mr. Trump.She told people close to her at the time that Mr. Ailes made her uncomfortable, especially the way he commented on her looks. “He’s always telling me to eat more cheeseburgers,” she told one member of her staff.Once, after a private meeting in Mr. Ailes’s office at the network’s headquarters in Midtown Manhattan in 2010, she came out looking white as a ghost.Sarah Palin on “The Sean Hannity Show” during the Iowa State Fair in Des Moines in 2011.Chip Somodevilla/Getty ImagesMr. Ailes’s assistant had asked that the aides and family members traveling with her wait outside so the two of them could meet alone. And when she emerged, according to the former staff member who was there, she said, “I’m never meeting with him alone again.”She was the biggest star in Republican politics at the time. The former governor of Alaska and 2008 Republican vice-presidential nominee had come as close as anyone ever had to leading the leaderless Tea Party movement. And even without Fox, the media was tracking her every move.Over Memorial Day weekend in 2011, a caravan of journalists chased her up the East Coast during a six-day trip from Washington to New Hampshire, believing she might use the occasion to announce that she would run against Mr. Obama. The trip also included a dinnertime stop at Trump Tower, where she and its most famous resident stepped out in front of the paparazzi on their way to get pizza.She wouldn’t reveal her intentions until later that year, in October. And when she did, she broke the news on Mark Levin’s radio show — not on Fox News. It was a slight that infuriated Mr. Ailes, who had been paying her $1 million a year with the expectation that it would pay off with the buzz and big ratings that kind of announcement could generate.The Void Trump FilledThere were signs at the time that Mr. Trump was starting to fill the void in Fox’s coverage — and in conservative politics — that would exist without Ms. Palin center stage. He had been getting a considerable amount of coverage from the network lately for his fixation on wild rumors about Mr. Obama’s background.One interview in March 2011 on “Fox & Friends” — the show known inside the network to be such a close reflection of Mr. Ailes’s favorite story lines that staff called it “Roger’s daybook” — was typical of how Mr. Trump used his media platform to endear himself to the hard right. He spent an entire segment that morning talking about ways that the president could be lying about being born in the United States. “It’s turning out to be a very big deal because people now are calling me from all over saying, ‘Please don’t give up on this issue,’” Mr. Trump boasted.Three days after that interview, the network announced a new segment on “Fox & Friends”: “Mondays With Trump.” A promo teased that it would be “Bold, brash and never bashful.” And it was on “Fox & Friends” where Mr. Trump appeared after his pizza outing with Ms. Palin in the spring, talking up his prospects as a contender for the White House over hers. Mr. Trump and Mr. Ailes were, at first, seemingly well matched.Though he had financial motivations for promoting sensational but misleading stories, Mr. Ailes also seemed to be a true believer in some of the darkest and most bizarre political conspiracy theories.In 2013, Mr. Obama himself raised the issue with Michael Clemente, the Fox News executive vice president for news, asking him at the White House Correspondents’ Dinner whether Mr. Ailes was fully bought-in on the conspiracies over the president’s birthplace. “Does Roger really believe this stuff?” Mr. Obama asked. Mr. Clemente answered, “He does.”The network boss and the celebrity developer also shared a dim view of the man who would win the 2012 Republican nomination, Mitt Romney. On election night, Mr. Ailes had already left the office by the time his network’s decision desk called the race for the president. Shortly after the election, he visited Mr. Romney at the Essex House, a posh hotel on Central Park South, to pay his respects. He also offered the candidate his unvarnished paranoia about the outcome.The Democrats had pulled a fast one, Mr. Ailes said, just as they always do. “They make promises they can’t keep. And they’re dirty. They cheat,” he said.Mr. Ailes, with his wife, Elizabeth, leaving the News Corp building in 2016.Drew Angerer/Getty ImagesMr. Ailes did not live to see Mr. Trump’s second, unsuccessful presidential campaign. A hemophiliac, he died after a bad fall in 2017. As confident as he was in his instincts that Mr. Trump would deliver good ratings, he wasn’t oblivious to the downside of emboldening him. At one point in 2016, he complained to a colleague, the former Fox News chief legal analyst Andrew Napolitano, that he dreaded hearing from Mr. Trump.“I hate it when he calls me. He talks to me like I talk to you. He cuts me off. He doesn’t let me finish my sentences. He constantly interrupts me,” the network chief grumbled to his subordinate, Mr. Napolitano recalled.But there is no doubt that in his chase for ratings and revenue, Mr. Ailes ultimately made his network the subordinate in its relationship with Mr. Trump. And for all his paranoia, Mr. Ailes failed to see how that might happen.Mr. Trump is still embittered by Fox’s decision on the night of the election to project that he had lost Arizona, and therefore most likely the White House. In an interview late last summer, he boasted about their ratings slide. “They’re doing poorly now, which is nice to watch,” he said.Fox News lost its crown as the most-watched cable news outlet in the weeks after the 2020 election, but it quickly regained it. It remains dominant today. Questions about its future in a Republican political environment still dominated by the former president abound. Will Mr. Trump grow irritated enough with the network to lash out and urge his followers to change the channel, tanking ratings again? Will its decision desk still feel empowered to make bold calls like the Arizona one after facing such an intense backlash?“Roger wasn’t the easiest guy to deal with,” Mr. Trump said in our interview, nodding to the rupture in their relationship toward the end. “But he was great at what he did. And he built a behemoth.”Then he offered a warning: “And that behemoth can evaporate very quickly if they’re not careful.”Jeremy W. Peters, a reporter for The New York Times, is the author of “Insurgency: How Republicans Lost Their Party and Got Everything They Ever Wanted,” from which this article is adapted. He is also an MSNBC contributor. More

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      Inside the Fox News That Donald Trump Helped Build

      by

      Roger Ailes understood the appeal Mr. Trump had for Fox viewers. He didn’t foresee how together they would redefine the limits of political discourse in a way the country is still living with.When Roger Ailes ran CNBC in the mid-1990s, he gave himself a talk show called “Straight Forward.” It long ago vanished into the void of canceled cable programs and never received much attention after the network boss moved on to produce more provocative and polarizing content as chairman of Fox News. But “Straight Forward” was a fascinating window into what kind of people Mr. Ailes considered stars.Donald Trump was one of them. In late 1995, Mr. Ailes invited Mr. Trump, then a 49-year-old developer of condos and casinos, on the show and sounded a bit star-struck as he asked his guest to explain how a Manhattan multimillionaire could be so popular with blue-collar Americans.“The guy on the street, the cabdrivers, the guys working on the road crews go, ‘Hey, Donald! How’s it going?’” Mr. Ailes observed while the two men sat in front of a wood-paneled set piece that gave the studio the appearance of an elegant den in an Upper East Side apartment. “It’s almost like they feel very comfortable with you, like you’re one of them. And I’ve never quite figured out how you bridge that.”Mr. Trump answered by flipping his host’s assertion around. It was because of who hated him: other people with money. “The people that don’t like me are the rich people. It’s a funny thing. They can’t stand me,” Mr. Trump said, adding, “I sort of love it.”What Mr. Ailes sensed about Mr. Trump’s popularity with middle- and working-class Americans in the 1990s would stay with him, because he identified with it. “A lot of what we do at Fox is blue collar stuff,” he said in 2011.His understanding of those dynamics helped shape the coverage he directed for decades and led to an embrace of grievance-oriented political rhetoric that the Republican Party, and a further fragmented right-wing media landscape, is grappling with as it looks toward elections this fall and the possibility of Mr. Trump returning to politics.Roger Ailes interviewing Mr. Trump in 1995. “The people that don’t like me are the rich people,” Mr. Trump said.CNBCMr. Ailes was eventually ousted from Fox after several women at the network came forward to say he had sexually harassed them. But before that, his intuition about what audiences wanted — and what advertisers would pay for — helped Fox News smash ratings records for cable news. He could rouse the viewer’s patriotic impulses, mine their darkest fears and confirm their wildest delusions. Its coverage of then-Senator Barack Obama’s presidential campaign, often laced with baseless speculation about his past, helped propel the network in 2008 to the highest ratings it had ever recorded in its 12 years of existence. Mr. Ailes earned $19 million that year.As he looked to assemble a dynamic cast of right-wing media stars to channel the rage and resentment of the budding Tea Party insurgency, Mr. Ailes’s instincts pushed Fox News ratings even higher.Three personalities he put on the air at Fox during that period stood out for the way they gave voice to a particular kind of American grievance. There was Glenn Beck, whose show debuted the day before the Obama inauguration in 2009. There was also Sarah Palin, who joined as a paid contributor earning $1 million a year in 2010.And of course there was Donald Trump. He was “relatable rich,” Mr. Ailes told his staff, betting that viewers would see something aspirational in him, when he decided to give Mr. Trump a weekly morning slot in early 2011.But it was what Mr. Ailes did not see about Mr. Trump — how his popularity was a double-edged sword — that led him to the same flawed assumption that the leaders of the Republican Party would eventually make. What neither they nor Mr. Ailes considered fully as they opened their arms to these insurgent forces was what would happen if encouraging and empowering them meant redefining the limits of acceptable political discourse, dropping the bar ever lower, and then discovering that they were helpless to reel it back in.That’s how Fox News landed in a once-unthinkable position behind CNN and MSNBC in the ratings in the weeks after Election Day in 2020, losing viewers to outlets like Newsmax and One America News eager to revel in — and profit from — the kind of misinformation that Fox rejected when it told its audience the truth about Mr. Trump’s defeat in Arizona.In reporting this book on the Republican Party, I spoke with the former president several times, and we discussed media coverage that debunked his unfounded claims about the 2020 election.“A lot of people don’t want that,” Mr. Trump told me in an interview about a month after President Biden’s inauguration, referring to critical — if accurate — news reports about his behavior. “They don’t want to hear negativity toward me.”Trump as a manageable riskAt his core, Mr. Ailes was two things that made him think someone like Mr. Trump was a manageable risk: deeply motivated by growing the size of the Fox audience and the attendant profits that would fatten his annual bonus; and an establishment Republican who, as G.O.P. strategist, had helped elect Nixon, Reagan and George H.W. Bush.He was no different from the transactionally minded Republican leaders in Congress who looked at the energized group of voters in the Tea Party and thought: This is going to be good for business. Christopher Ruddy, the chief executive of Newsmax, recalled speaking with Mr. Ailes about the budding new political movement on the right — which would be good for both men’s bottom lines — and said that while Mr. Ailes liked the movement’s use of patriotic language and its rebellious spirit, he ultimately “saw them as a convenient grass-roots group.”Mr. Trump, Mr. Beck and Ms. Palin — three new Fox stars — initially delivered what Mr. Ailes was looking for: compelling television, good ratings and content viewers could find nowhere else. All three also ended up growing into big enough political celebrities in their own right — one more popular and entitled than the next — that Mr. Ailes eventually lost his ability to control them. (Through representatives, Mr. Beck and Ms. Palin declined to be interviewed.)One outburst from Mr. Beck in the summer of 2009 in particular demonstrated the extent to which norms were being stretched. That July, the raw, racialized anti-Obama anger of Tea Party sympathizers collided head-on with the country’s fraught history of systemic racial discrimination in Cambridge, Mass., when the noted Black scholar and Harvard professor Henry Louis Gates Jr. was arrested at his home after a neighbor assumed he was a burglar and called the police. The president defended Mr. Gates and criticized the police who had “acted stupidly,” in his view.Glenn Beck, here rehearsing his Fox News Channel show in 2009, was a Fox star but eventually fell out of Mr. Ailes’s favor.Nicholas Roberts for The New York TimesMr. Beck responded during an interview on “Fox & Friends,” saying that Mr. Obama had revealed his “deep-seated hatred for white people.” Then he added, matter of factly, “This guy is, I believe, a racist.” When a public outcry ensued, the response from the network was to defend their host. Bill Shine, head of programming, released a statement that called Mr. Beck’s comment a “personal opinion” and not reflective of the network’s views over all. “And as with all commentators in the cable news arena, he is given the freedom to express his opinions,” Mr. Shine added.The significance was hard to overstate. One of the biggest stars on the most-watched cable news network in the country said the country’s first Black president hated white people. And the response from Fox News was to say it was all perfectly defensible.But Mr. Beck would be out at Fox soon enough, as Mr. Ailes became convinced antics like these were too much of a distraction. According to a former senior on-air personality, Mr. Ailes told other people at the network that Mr. Beck was “insane” and had complained to him about various physical ailments that seemed fake, including fretting once that he might be going blind. The network announced Mr. Beck’s departure in the spring of 2011.A Fox News snubThe network’s relationship with another one of its stars was also changing: Mr. Ailes expressed concern about some of Ms. Palin’s public statements, including engagement with critics.Ms. Palin appeared to have reservations of her own. And the tension with Mr. Ailes, which was more nuanced than known publicly, would help open the door at the network for Mr. Trump.She told people close to her at the time that Mr. Ailes made her uncomfortable, especially the way he commented on her looks. “He’s always telling me to eat more cheeseburgers,” she told one member of her staff.Once, after a private meeting in Mr. Ailes’s office at the network’s headquarters in Midtown Manhattan in 2010, she came out looking white as a ghost.Sarah Palin on “The Sean Hannity Show” during the Iowa State Fair in Des Moines in 2011.Chip Somodevilla/Getty ImagesMr. Ailes’s assistant had asked that the aides and family members traveling with her wait outside so the two of them could meet alone. And when she emerged, according to the former staff member who was there, she said, “I’m never meeting with him alone again.”She was the biggest star in Republican politics at the time. The former governor of Alaska and 2008 Republican vice-presidential nominee had come as close as anyone ever had to leading the leaderless Tea Party movement. And even without Fox, the media was tracking her every move.Over Memorial Day weekend in 2011, a caravan of journalists chased her up the East Coast during a six-day trip from Washington to New Hampshire, believing she might use the occasion to announce that she would run against Mr. Obama. The trip also included a dinnertime stop at Trump Tower, where she and its most famous resident stepped out in front of the paparazzi on their way to get pizza.She wouldn’t reveal her intentions until later that year, in October. And when she did, she broke the news on Mark Levin’s radio show — not on Fox News. It was a slight that infuriated Mr. Ailes, who had been paying her $1 million a year with the expectation that it would pay off with the buzz and big ratings that kind of announcement could generate.The Void Trump FilledThere were signs at the time that Mr. Trump was starting to fill the void in Fox’s coverage — and in conservative politics — that would exist without Ms. Palin center stage. He had been getting a considerable amount of coverage from the network lately for his fixation on wild rumors about Mr. Obama’s background.One interview in March 2011 on “Fox & Friends” — the show known inside the network to be such a close reflection of Mr. Ailes’s favorite story lines that staff called it “Roger’s daybook” — was typical of how Mr. Trump used his media platform to endear himself to the hard right. He spent an entire segment that morning talking about ways that the president could be lying about being born in the United States. “It’s turning out to be a very big deal because people now are calling me from all over saying, ‘Please don’t give up on this issue,’” Mr. Trump boasted.Three days after that interview, the network announced a new segment on “Fox & Friends”: “Mondays With Trump.” A promo teased that it would be “Bold, brash and never bashful.” And it was on “Fox & Friends” where Mr. Trump appeared after his pizza outing with Ms. Palin in the spring, talking up his prospects as a contender for the White House over hers. Mr. Trump and Mr. Ailes were, at first, seemingly well matched.Though he had financial motivations for promoting sensational but misleading stories, Mr. Ailes also seemed to be a true believer in some of the darkest and most bizarre political conspiracy theories.In 2013, Mr. Obama himself raised the issue with Michael Clemente, the Fox News executive vice president for news, asking him at the White House Correspondents’ Dinner whether Mr. Ailes was fully bought-in on the conspiracies over the president’s birthplace. “Does Roger really believe this stuff?” Mr. Obama asked. Mr. Clemente answered, “He does.”The network boss and the celebrity developer also shared a dim view of the man who would win the 2012 Republican nomination, Mitt Romney. On election night, Mr. Ailes had already left the office by the time his network’s decision desk called the race for the president. Shortly after the election, he visited Mr. Romney at the Essex House, a posh hotel on Central Park South, to pay his respects. He also offered the candidate his unvarnished paranoia about the outcome.The Democrats had pulled a fast one, Mr. Ailes said, just as they always do. “They make promises they can’t keep. And they’re dirty. They cheat,” he said.Mr. Ailes, with his wife, Elizabeth, leaving the News Corp building in 2016.Drew Angerer/Getty ImagesMr. Ailes did not live to see Mr. Trump’s second, unsuccessful presidential campaign. A hemophiliac, he died after a bad fall in 2017. As confident as he was in his instincts that Mr. Trump would deliver good ratings, he wasn’t oblivious to the downside of emboldening him. At one point in 2016, he complained to a colleague, the former Fox News chief legal analyst Andrew Napolitano, that he dreaded hearing from Mr. Trump.“I hate it when he calls me. He talks to me like I talk to you. He cuts me off. He doesn’t let me finish my sentences. He constantly interrupts me,” the network chief grumbled to his subordinate, Mr. Napolitano recalled.But there is no doubt that in his chase for ratings and revenue, Mr. Ailes ultimately made his network the subordinate in its relationship with Mr. Trump. And for all his paranoia, Mr. Ailes failed to see how that might happen.Mr. Trump is still embittered by Fox’s decision on the night of the election to project that he had lost Arizona, and therefore most likely the White House. In an interview late last summer, he boasted about their ratings slide. “They’re doing poorly now, which is nice to watch,” he said.Fox News lost its crown as the most-watched cable news outlet in the weeks after the 2020 election, but it quickly regained it. It remains dominant today. Questions about its future in a Republican political environment still dominated by the former president abound. Will Mr. Trump grow irritated enough with the network to lash out and urge his followers to change the channel, tanking ratings again? Will its decision desk still feel empowered to make bold calls like the Arizona one after facing such an intense backlash?“Roger wasn’t the easiest guy to deal with,” Mr. Trump said in our interview, nodding to the rupture in their relationship toward the end. “But he was great at what he did. And he built a behemoth.”Then he offered a warning: “And that behemoth can evaporate very quickly if they’re not careful.”Jeremy W. Peters, a reporter for The New York Times, is the author of “Insurgency: How Republicans Lost Their Party and Got Everything They Ever Wanted,” from which this article is adapted. He is also an MSNBC contributor. More

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      A Fox News ‘Defector’ on How the Network ‘Played Footsie’ With Trump

      by

      The former Fox commentator Jonah Goldberg — who has been called a “Fox defector” — says that Tucker Carlson’s latest documentary series was “the anvil that broke the camel’s back.” Titled “Patriot Purge,” it featured conspiracy theories about the Jan. 6 insurrection under the guise of journalistic interrogation. It also became a breaking point in a schism unfolding at the network between those who have embraced the Big Lie and those who feel troubled by the network’s abandonment of basic facts.[You can listen to this episode of “Sway” on Apple, Spotify, Google or wherever you get your podcasts.]In this conversation, Goldberg offers insight into Fox’s embrace of Trumpism and the ways the network has “played footsie” with falsehoods and the former president. They discuss Rupert Murdoch, Roger Ailes and the legacy media shake-up spurred in part by Substack, which Goldberg and his business partner Stephen Hayes use to distribute their conservative online publication, The Dispatch. And they discuss the 2024 Republican primaries, as Goldberg muses about whether a potential Tucker Carlson ticket could beat Trump.This episode contains strong language.(A full transcript of the episode will be available midday on the Times website.)Courtesy of Jonah GoldbergThoughts? Email us at sway@nytimes.com.“Sway” is produced by Nayeema Raza, Blakeney Schick, Daphne Chen, Caitlin O’Keefe and Wyatt Orme, and edited by Nayeema Raza; fact-checking by Kate Sinclair; music and sound design by Isaac Jones; mixing by Carole Sabouraud and Sonia Herrero; audience strategy by Shannon Busta. Special thanks to Kristin Lin and Kristina Samulewski. More