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      Tucker Carlson and Rupert Murdoch Were Right

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      If you missed the previous newsletter, you can read it here.Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News goes to trial next week, and we’ll be reminded once again of the profoundly destructive lies that the network’s carnival barkers sold. Hour after hour, night after night, they peddled Donald Trump’s insistence that the 2020 presidential election was stolen. And they knew or at least suspected that they were wrong, to go by documents already released during the legal proceedings.In this much, however, Fox’s fabulists were right: If they didn’t hawk Trump’s hooey, many of their viewers would just move on to a circus that did. The documents also show that they genuinely believed that. It’s no justification for their laundering of his conspiracy theories — they surely wouldn’t have lost all their audience, and they could have tried to chip away at the dangerous delusions of the many viewers who remained. That they chose differently is a betrayal of journalistic principle and a damning indictment of them. But it says something troubling about the rest of us, too.Thanks to the sprawling real estate of cable television and the infinite expanse of the internet, we live in an age of so many information options, so many “news” purveyors, that we have an unprecedented ability to search out the one or ones that tell us precisely what we want to hear, for whatever reason we want to hear it. We needn’t reckon with the truth. We can shop for it instead.And many of us — maybe even most of us — do. That’s one of the morals of Dominion’s suit, correctly called “seismic” by my Times colleague Jim Rutenberg in his excellent and essential recent article about Fox News’s descent down the rabbit hole. Rutenberg tells the tale of that network’s spectacularly cynical dealings with its particular audience. But a larger story hovers over it, one about every audience’s relationship with reality today.The unscrupulous behavior of Tucker Carlson and his fellow entertainers (let’s call them what they really are) at Fox Phantasmagoria (let’s call it what it really is) reflects the strange new wonderland we inhabit, in which diverging continents of facts — or of recklessly harvested factoids and fictions — leave us without the common ground we need for a sane and civil society.Rutenberg chronicles the concern of senior Fox officials — and of Rupert Murdoch, the chair of Fox Corporation — not to alienate their audience, even if that meant diluting or disregarding an accurate version of events. Following Election Day 2020, Murdoch and Suzanne Scott, the network’s chief executive, grew worried about competing outlets that wholly bought into Trump’s bogus claims. “One of them, Newsmax, was moving up in the ratings while refusing to call Biden the winner,” Rutenberg writes, adding that when The Wall Street Journal, which Murdoch owns, reported that allies of Trump’s might invest in Newsmax to help it pull closer to Fox, “Murdoch alerted Scott to the piece. Fox would have to play this just right, he said in an email.” He warned that it was important not to inflame Trump.Carlson wrote to a colleague: “With Trump behind it, an alternative like Newsmax could be devastating to us.”So Carlson played along with Trump, even while admitting in a text message to an acquaintance “I hate him passionately” and privately expressing disgust and disbelief — “It’s insane,” he texted Laura Ingraham — about the fantastical accusations coming from Team Trump.Carlson sought to undermine those on the network who didn’t fall in line. After the reporter Jacqui Heinrich cast doubt on what Trump and his enablers were saying, Carlson texted Ingraham and Sean Hannity: “It needs to stop immediately, like tonight. It’s measurably hurting the company. The stock price is down. Not a joke.”According to a 2019 survey by the Pew Research Center, 93 percent of viewers who relied on Carlson & Co. labeled themselves Republicans or said they leaned that way. That lopsidedness isn’t unique: The same survey found that 95 percent of viewers who relied on MSNBC belonged to or sympathized with the Democratic camp. While there’s absolutely no equivalence between the two networks, there’s also no doubt that both consider the interests and inclinations of their loyalists when they’re appointing their hosts, inviting their guests, choosing their stories, calibrating their tones. They are, to varying degrees, giving people what they want. They’re businesses, after all. So is The Times, whose readers are hardly a perfectly heterogeneous snapshot of America.And that compels customers who care about getting a full and nuanced picture not to buy from just one merchant, not in the media marketplace of this moment. We can’t change or redeem the Murdochs and the Carlsons of the world — such perversions of ambition, greed and vanity will always be with us. But we can be better, smarter, more keen-eyed and more open-minded ourselves. We can refuse to confirm and reward their assessments of us.Words Worth SideliningGetty ImagesPerhaps no subspecies of journalist gravitates toward jargon with the frequency and zest of the political journalist, who can’t resist cant. I noted as much in a newsletter last October, when I pleaded for the retirement of “deep dive,” “wake-up call” and “under the bus,” among other annoyances, and said that I’d probably produce at least one follow-up glossary of similarly exhausted phrases. So here’s another batch. May we please, please say goodbye to:Clown car. That’s the favored term for any campaign or political operation of transcendent incompetence or inanity — which is to say, many campaigns and political operations. I smiled the first time I spotted this reference. And the hundredth. No more. I just did a “Donald Trump” “clown car” search on Google, which returned more than 45,000 results. That’s appropriate for the bozo in question but a failure of originality nonetheless.Dumpster fire. A clown car in flames — or any political debacle. At this point, so many developments have been deemed dumpster fires that the designation has burned itself out. It’s an ember of its former blaze.Walk and chew gum at the same time. Pundits love, love, love this expression to convey how easy it should be for a politician to accomplish two goals at once. Mid-perambulation mastication is indeed multitasking at its most mundane; the metaphor was surely as invigorating as a just-unwrapped stick of wintergreen Trident once upon a toothy time. But it lacks all flavor now. Time to spit it out.Drank the Kool-Aid. How this reference to the mass suicide of hundreds of Jim Jones’s followers became an all-purpose knock on what any excessively credulous politician or overly obedient voter has done is beyond me.That dog won’t hunt. Because it’s a Shih Tzu? A bichon frise?Put on your big-boy pants. Pundits tell timid, oversensitive politicians to do this and then wonder why so many Americans find us snotty. That’s the epitome of immaturity.Thanks to Karen Simonsen of Sisters, Ore., Sheri Sidwell of Alton, Ill., and Bill Blackburn of Austin, Tex., among others, for suggesting one or more of the above. “Words Worth Sidelining” is a recurring newsletter feature.For the Love of SentencesGetty ImagesThe Washington Post columnist Ruth Marcus was pithy and pointed in her take on Supreme Court Justice Clarence Thomas’s lavish maritime getaways with a billionaire Republican donor: “Beware new friends bearing yachts.” (Thanks to Tom Morman of Leipsic, Ohio, and Bonnie Ross of Sarasota, Fla., for nominating this.)Also in The Post, Ron Charles examined an alliteratively named publisher of “pro-God” children’s stories: “The Brave Books website says, ‘It take courage to stand up for the truth.’ It take grammar, too, but God works in mysterious ways.” (Pam Gates, Rockville, Md., and Cynthia Bazinet, Upper Port La Tour, Nova Scotia)And David Von Drehle took issue with a right-wing Texas jurist’s ruling to block access to the abortion drug mifepristone, asserting that unelected judges “should be as modest and unassuming as a crossing guard in a Mennonite village where all the horses are old and footsore.” (Richard Rampell, Palm Beach, Fla., and Bobbie Steinhart, Berkeley, Calif., among others)In Politico, Rich Lowry contextualized Trump’s appearance at his Waco, Tex., rally with the J6 Prison Choir: “It’d be a little like Richard Nixon running for the 1976 Republican presidential nomination, and campaigning with a barbershop quartet made up of the Watergate burglars.” (Karen Hughes, Tumwater, Wash., and Colleen Kelly, Manhattan)In The New York Times, Jesse Green had advice for theatergoers filing into a new Broadway production: “Bring earplugs. Not just because the songs in ‘Bad Cinderella,’ the Andrew Lloyd Webber musical that opened on Thursday at the Imperial Theater, are so crushingly loud. The dialogue, too, would benefit from inaudibility. For that matter, bring eye plugs: The sets and costumes are as loud as the songs. If there were such a thing as soul plugs, I’d recommend them as well.” (Conrad Macina, Landing, N.J.)Also in The Times, John McWhorter noted the existence, in the dictionary, of fussy and archaic terms that have fallen far from use and survive “more as puckish abstractions than actual words. They remind me of the 32-inch-waist herringbone pants from the 1980s that I have never been able to bring myself to get rid of, along with my compass and my protractor.” (Fred Jacobs, Queens, N.Y.)And James Poniewozik described the look and feel of the Manhattan courthouse in which Trump was arraigned: “The scene was gray, humdrum, municipal, more ‘Night Court’ than Supreme Court. You could practically smell the vending-machine coffee.” (Gil Ghitelman, Westport, Conn., and Adam Eisenstat, Pittsburgh)To nominate favorite bits of recent writing from The Times or other publications to be mentioned in “For the Love of Sentences,” please email me here and include your name and place of residence.What I’m Reading and DoingGretchen Rubin’s new book begins with a scene that had special resonance for me: She visits the eye doctor, who gives her a bit of troubling news that prompts her to take a fresh, different look at the world around her. “In an instant,” she writes, “all my senses seemed to sharpen. It was as if every knob in my brain had suddenly been dialed to its maximum setting of awareness.” Her story from that point on is much different from mine, but it’s characterized by a similar impulse to summon wonder and gratitude, and it showcases her trademark wisdom about making the most of our days. The book, “Life in Five Senses: How Exploring the Senses Got Me Out of My Head and Into the World,” will be available Tuesday.My Times colleague Kate Zernike’s new book, “The Exceptions: Nancy Hopkins, MIT, and the Fight for Women in Science,” is a perfect marriage of compelling material and formidable journalist. In a review in The Times, the “Lessons in Chemistry” author Bonnie Garmus called “The Exceptions,” which was published in late February, “excellent and infuriating,” the latter adjective referring to the injustices Kate chronicles.I’m a big admirer of the writing that Tim Miller and Jonathan V. Last do for The Bulwark, so when they asked me to join them last week on their podcast, “The Next Level,” I was delighted. (Sarah Longwell is their partner in the podcast but wasn’t around for our conversation.) We talked about politics, higher education and aging. Also, I guess, personal hygiene and self-indulgence? They titled the episode “Unacknowledged Bubble Baths,” an intriguing allusion to some bit of banter that escapes my memory. You can find “Unacknowledged Bubble Baths” (I just had to repeat it) here.On a Personal NoteHarold M. Lambert/Getty ImagesI relished many of the smart, witty articles about Gwyneth Paltrow’s days in court, but I can’t say whether the authors’ descriptions of her couture and her hauteur jibed with my impressions. I never watched so much as a minute of the proceedings.I saw precisely one short snippet of Alex Murdaugh’s testimony en route to his murder conviction, but that was that. I otherwise sated myself with written accounts of his trial.And while I use links in online articles and on social media to sample politicians’ speeches and public appearances, I don’t see nearly as much of Ron DeSantis or Kyrsten Sinema as a newscast or political talk show would air. That’s because there are few newscasts and political talk shows in my life.Am I guilty of grave professional dereliction? I wonder. I worry. Can I (or anyone else) read the culture intelligently without closely monitoring television, which is an important portal into it, a principal mirror of it and the medium that influences many Americans’ thinking and behavior like no other? Quite possibly not.But I’d like to believe that less television can equal more insight. That pulling back and tuning out — to a degree — are constructive.I’m singling out television, but I’m really speaking about something broader. I’m referring to a kind of indiscriminately rapt, instantly reactive attention to the scandal of the week, the melodrama of the day, the fascination of the hour. Many of those developments and details are ephemeral, disposable — and that’s not clear if you’re twitchily tracking them in real time. The ones with real consequences reach us in ways beyond the breathless exclamations on air. They also reach us multiple times, their repetition and endurance a measure of their import.Besides, is hyper-vigilance any way to live? Is it sustainable? Not for me, not as I get older, not in this addled era of ours.To examine the hurly-burly of our current world from a certain distance, with a certain detachment, is to see things in more accurate proportion, with better perspective — or at least I can make that argument. I think I buy it.But I acknowledge another possibility: I’m just doing what I must to stay several steps ahead of utter exhaustion and thorough disillusionment. That’s reason enough. More

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      Landmark Trial Against Fox News Could Affect the Future of Libel Law

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      Jury selection starts on Thursday in Delaware Superior Court, where the proceedings will tackle misinformation and the limits of journalistic responsibility.Dominion Voting Systems’ defamation case against Fox News, which goes to trial in Delaware next week, is expected to stoke hot-button debates over journalistic ethics, the unchecked flow of misinformation, and the ability of Americans to sort out facts and falsehoods in a polarized age.For a particular subset of the legal and media communities, the trial is also shaping up as something else: the libel law equivalent of the Super Bowl.“I’ve been involved in hundreds of libel cases, and there has never been a case like this,” said Martin Garbus, a veteran First Amendment lawyer. “It’s going to be a dramatic moment in American history.”With jury selection set to begin on Thursday in Delaware Superior Court in Wilmington, the case has so far been notable for its unprecedented window into the inner workings of Fox News. Emails and text messages introduced as evidence showed the Fox host Tucker Carlson insulting former President Donald J. Trump to his colleagues, and Rupert Murdoch, whose family controls the Fox media empire, aggressively weighing in on editorial decisions, among other revelations.Now, after months of depositions and dueling motions, the lawyers will face off before a jury, and legal scholars and media lawyers say the arguments are likely to plumb some of the knottier questions of American libel law.Dominion, an elections technology firm, is seeking $1.6 billion in damages after Fox News aired false claims that the company had engaged in an elaborate conspiracy to steal the 2020 presidential election for Joseph R. Biden Jr. The claims, repeated on Fox programs hosted by anchors like Maria Bartiromo and Lou Dobbs, were central to Mr. Trump’s effort to persuade Americans that he had not actually lost.Lawyers for Fox have argued that the network is protected as a news-gathering organization, and that claims of election fraud, voiced by lawyers for a sitting president, were the epitome of newsworthiness. “Ultimately, this case is about the First Amendment protections of the media’s absolute right to cover the news,” the network has said.It is difficult to prove libel in the American legal system, thanks in large part to New York Times v. Sullivan, the 1964 Supreme Court decision that is considered as critical to the First Amendment as Brown v. Board of Education of Topeka is to civil rights.The Sullivan case set a high legal bar for public figures to prove that they had been defamed. A plaintiff has to prove not just that a news organization published false information, but that it did so with “actual malice,” either by knowing that the information was false or displaying a reckless disregard for the truth.The question of that motivation is central to the Dominion case. The trial judge, Eric M. Davis, has already concluded in pretrial motions that the statements aired by Fox about Dominion were false. He has left it to the jury to decide if Fox deliberately aired falsehoods even as it was aware the assertions were probably false.Documents show Fox executives and anchors panicking over a viewer revolt in the aftermath of the 2020 election, in part because the network’s viewers believed that it had not sufficiently embraced Mr. Trump’s claims of fraud. Dominion can wield that evidence to argue that Fox aired the conspiracy theories involving Dominion for its own financial gain, despite ample evidence that the claims were untrue. (Fox has responded that Dominion “cherry-picked” its evidence and that the network was merely reporting the news.)Lawyers on their way out of Delaware Superior Court. Fox suffered some setbacks this week before the trial.Hannah Beier for The New York TimesMr. Garbus, the First Amendment lawyer, has spent decades defending the rights of media outlets in libel cases. Yet like some media advocates, he believes that Fox News should lose — in part because a victory for Fox could embolden a growing effort to roll back broader protections for journalists.That effort, led mainly but not exclusively by conservatives, argues that the 1964 Sullivan decision granted too much leeway to news outlets, which should face harsher consequences for their coverage. Some of the leading proponents of this view, like the Supreme Court justice Clarence Thomas and Gov. Ron DeSantis of Florida, are conservative heroes who are sympathetic to the right-wing views of Fox programming. But if Fox prevails in the Dominion case, despite the evidence against it, the result could fuel the argument that the bar for defamation has been set too high.Not all media lawyers agree with this reasoning. Some even think a loss for Fox could generate problems for other news organizations.Jane Kirtley, a former executive director of the Reporters Committee for Freedom of the Press, who teaches media law at the University of Minnesota, said she detected from Fox critics “an intense desire for someone to say definitively that Fox lied.” But she added, “I don’t see a victory for Dominion as a victory for the news media, by any means.”“As an ethicist, I deplore a lot of what we’ve learned about Fox, and I would never hold it up as an example of good journalistic practices,” Ms. Kirtley said. “But I’ve always believed that the law has to protect even those news organizations that do things the way I don’t think they should do it. There has to be room for error.”Ms. Kirtley said she was concerned that the Dominion case might lead to copycat lawsuits against other news organizations, and that the courts could start imposing their own standards for what constituted good journalistic practice.Dominion’s effort to unearth internal emails and text exchanges, she added, could be reproduced by other libel plaintiffs, leading to embarrassing revelations for news outlets that might otherwise be acting in good faith.“It’s an intense scrutiny into newsroom editorial processes, and I’m not sure that members of the public will look at it very kindly,” she said. “Maybe the emails show they’re being jocular or making fun of things that other people take very seriously.”Journalism, she said, “is not a science,” and she said she felt uncomfortable with courts determining what constituted ethical news gathering.Fox suffered some setbacks this week before the trial. On Tuesday, Judge Davis barred the network from arguing that it aired the claims about Dominion on the basis that the allegations were newsworthy, a crucial line of defense. On Wednesday, he imposed a sanction on Fox News and scolded its legal team after questions arose about the network’s timely disclosure of additional evidence. The judge said he would probably start an investigation into the matter; the network said its lawyers had produced additional evidence “when we first learned it.”The trial may feature testimony from high-profile Fox figures, including Mr. Murdoch, Mr. Carlson, Ms. Bartiromo and Suzanne Scott, the chief executive of Fox News Media. More

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      Fox News Sanctioned by Judge for Withholding Evidence in Dominion Case

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      Judge Eric Davis also said an investigation was likely into Fox’s handling of documents and whether it had withheld details about Rupert Murdoch’s corporate role.WILMINGTON, Del. — The judge overseeing Dominion Voting Systems’ lawsuit against Fox News said on Wednesday that he was imposing a sanction on the network and would very likely start an investigation into whether Fox’s legal team had deliberately withheld evidence, scolding the lawyers for not being “straightforward” with him.The rebuke came after lawyers for Dominion, which is suing for defamation, revealed a number of instances in which Fox’s lawyers had not turned over evidence in a timely manner. That evidence included recordings of the Fox News host Maria Bartiromo talking with former President Donald J. Trump’s lawyers, Sidney Powell and Rudy Giuliani, which Dominion said had been turned over only a week ago.In imposing the sanction on Fox, Judge Eric M. Davis of the Delaware Superior Court ruled that if Dominion had to do additional depositions, or redo any, then Fox would have to “do everything they can to make the person available, and it will be at a cost to Fox.”He also said he would very likely appoint a special master — an outside lawyer — to investigate Fox’s handling of discovery of documents and the question of whether Fox had inappropriately withheld details about the scope of Rupert Murdoch’s role. Since Dominion filed its suit in early 2021, Fox had argued that Mr. Murdoch and Fox Corporation, the parent company, should not be part of the case because Mr. Murdoch, the chair, and other senior executives had nothing to do with running Fox News. But in the past few days, Fox disclosed to Dominion that Mr. Murdoch was a corporate officer at Fox News.Dominion, a voting technology company, accused Fox and some of the network’s executives and hosts of smearing its reputation by linking it to a nonexistent conspiracy to rig voting machines in the 2020 presidential election. Fox had said that it was just reporting on newsworthy allegations from Mr. Trump, who was then the president, as well as his lawyers and supporters, who told Fox’s hosts and producers that they would prove their allegations in court.Fox’s lawyers had only recently disclosed that Rupert Murdoch, the executive chairman of Fox Corp., was also the executive chair of Fox News, a role that pointed to more responsibility for its broadcasts.Mike Segar/ReutersJury selection starts on Thursday, and the trial is scheduled to begin on Monday. It wasn’t immediately clear whether Dominion would avail itself of the judge’s ruling allowing its lawyers to conduct additional depositions. But it was clear from Judge Davis’s stern reprimand of Fox’s lawyers on Wednesday — and similarly piqued remarks from him during another hearing on Tuesday — that he was losing patience. The judge told Fox’s lawyers to retain all internal communications, starting from March 20 of this year, that related to Mr. Murdoch’s role at Fox News. That was the date the lawyers submitted a letter to Judge Davis asking that Mr. Murdoch and other Fox Corporation executives not be forced to testify at the trial in person, saying they had “limited knowledge of pertinent facts.” The letter did not mention that Mr. Murdoch was also a Fox News executive.Judge Davis said he would weigh whether any additional sanctions should be placed on Fox.He also said he was very concerned that there had been “misrepresentations to the court.”“This is very serious,” Judge Davis said.Davida Brook, a lawyer for Dominion, told the court that they were still receiving relevant documents from Fox, with the trial just days away.“We keep on learning about more relevant information from individuals other than Fox,” she said. “And to be honest we don’t really know what to do about that, but that is the situation we find ourselves in.”She pointed to one email that had recently been handed over, between Ms. Bartiromo and Ms. Powell on Nov. 7, 2020. In the email, Ms. Powell was forwarding evidence to Ms. Bartiromo that Dominion said was proof Fox had acted recklessly: an email from a woman Ms. Powell relied on as a source who exhibited signs of delusion, claiming, for instance, that she was aware of voter fraud because she had special powers, including the ability to time travel.“I just spoke to Eric and told him you gave very imp info,” Ms. Bartiromo wrote back to Ms. Powell, most likely referring to Eric Trump, Mr. Trump’s son.Ms. Brook also played two recordings for the court of pre-interviews, which are preliminary conversations before an on-air interview, conducted by Ms. Bartiromo that Ms. Brook said were received only after they were revealed in legal complaints filed by Abby Grossberg, a former Fox News producer who is suing the network.The evidence included recordings of the Fox News host Maria Bartiromo talking with former President Donald J. Trump’s lawyers, Sidney Powell and Rudy Giuliani.Roy Rochlin/Getty ImagesIn one of the recordings, on Nov. 8, 2020, Ms. Bartiromo asks Mr. Giuliani about Dominion’s software. In it, he admits that he doesn’t have hard evidence to back up the claim that the software could be manipulated, saying it was “being analyzed right now.” When Ms. Bartiromo asks about a conspiracy theory circulating at the time that claimed Dominion was connected to Representative Nancy Pelosi of California, Mr. Giuliani says: “Yeah, I’ve read that. I can’t prove that yet.”A Fox News spokeswoman said in a statement on Wednesday: “As counsel explained to the court, Fox produced the supplemental information from Ms. Grossberg when we first learned it.”Justin Nelson, another lawyer for Dominion, told Judge Davis that had Fox Corporation, the parent company, been quicker to share the information about Mr. Murdoch’s role as an officer of Fox News, the universe of documents Dominion could have obtained during discovery from him and other Fox Corporation executives would have been much larger. He also said that Fox might have failed to produce relevant documents.“We have been litigating based upon this false premise that Rupert Murdoch wasn’t an officer of Fox News,” he said.The question of whether Mr. Murdoch made decisions as a corporate officer of Fox News cuts to the heart of Dominion’s case. It has tried to prove — and Fox has repeatedly denied — that Rupert and Lachlan Murdoch, the chief executive of Fox Corporation, were closely involved in overseeing Fox News coverage of the 2020 election. Their decisions, Dominion has argued, directly affected what Fox broadcast about the voting technology company and, more broadly, fed a climate inside the network where hosts and producers amplified misinformation as part of a plan to win back viewers who had stopped watching after Mr. Trump’s loss.Proving so would mean that the larger Fox Corporation — not just Fox News — could also be found liable for defaming Dominion.Mr. Nelson argued that the case should be split in two so that Dominion lawyers could separately pursue action against Fox Corporation now that Dominion could obtain more information from executives. Judge Davis declined, but he expressed concern that Fox’s legal team had not been forthcoming with the information, despite being asked multiple times whether Mr. Murdoch was a corporate officer for Fox News.“I need people to tell me the truth,” he said. “And by the way, omission is a lie.”Dan K. Webb, a lawyer for Fox, pushed back on the assertion from Dominion, saying that both he and even Mr. Murdoch didn’t realize he also held the executive chair role at Fox News.“On a day-to-day basis, Mr. Rupert Murdoch had nothing to do with making decisions with what goes on the air on Fox News,” Mr. Webb said.In an emailed statement, a Fox News spokeswoman said: “Rupert Murdoch has been listed as executive chairman of Fox News in our S.E.C. filings since 2019 and this filing was referenced by Dominion’s own attorney during his deposition.”Judge Davis admonished Fox’s lawyers, saying he had previously asked for clarity on who had corporate responsibilities at Fox News but had not heard back.“What do I do with attorneys that aren’t straightforward with me?” he asked. More

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      Fox News Settles Defamation Case With Venezuelan Businessman

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      In a letter to a New York judge, the parties said they had reached a settlement in a case related to claims of voter fraud in the 2020 election, but did not disclose the terms.Fox News and one of its former hosts, Lou Dobbs, have settled a defamation suit with a Venezuelan businessman whom the network linked to voting-system fraud in the 2020 election.In a letter filed on Saturday to a federal judge in the Southern District of New York, the parties said they had reached a confidential settlement, although they did not disclose the terms.“This matter has been resolved amicably by both sides,” a spokesperson for Fox News said in an email. “We have no further comment.”The settlement comes days before jury selection this week in a major case that Fox News is defending. That case, a $1.6 billion defamation lawsuit brought by Dominion Voting Systems, says that Fox News lied about voter fraud in the 2020 election, and that Fox hosts and guests repeatedly made false claims about Dominion machines and their supposed role in a plot to steal the election from President Donald J. Trump in 2020.In that trial, which is expected to begin on April 17, a jury will weigh whether Fox spread false claims about Dominion while knowing that the claims were untrue, and it will determine any damages.“Dominion’s lawsuit is a political crusade in search of a financial windfall,” the Fox spokesperson said.In the case of the Venezuelan businessman, Majed Khalil, Mr. Dobbs and Sidney Powell, a regular guest on Fox News, said on-air and in related Twitter posts that Dominion was using software to flip votes from President Trump to Joseph R. Biden Jr., or to add votes for Mr. Biden.One of the tweets falsely said Mr. Khalil was “the effective ‘COO’ of the election project.” In an earlier complaint, the plaintiffs said neither Fox News nor Mr. Dobbs had reached out to Mr. Khalil for comment.Fox Business canceled Mr. Dobbs’s weekday show in February 2021. More

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      How Fox Chased Its Audience Down the Rabbit Hole

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      Listen to This ArticleAudio Recording by AudmOn the evening of Nov. 19, 2020, Rupert Murdoch was watching TV and crawling the walls of his 18th-century mansion in the British countryside while under strict pandemic lockdown. The television hosts at Murdoch’s top cable network, Fox News, might have scoffed at such unyielding adherence to Covid protocols. But Jerry Hall, his soon-to-be fourth ex-wife and no fan of Fox or its conservative hosts, was insisting that Murdoch, approaching his 90th birthday, remain cautious.The big story that day, as it had been every day in the two weeks since the election, was election theft, and now Rudolph W. Giuliani was giving a news conference at the Republican National Committee. With Sidney Powell, the right-wing attorney and conspiracy theorist, at his side, Giuliani, sweating profusely, black hair dye dripping down the side of his face, spun a wild fantasy about Joe Biden’s stealing the election from President Donald J. Trump. Dizzying in its delusional complexity, it centered on a supposed plot by the Clinton Foundation, George Soros and associates of Hugo Chávez to convert Trump votes into Biden votes by way of software from Smartmatic and voting machines from Dominion Voting Systems.Murdoch wasn’t pleased. He had built the most powerful media empire on the planet by understanding what his audience wanted and giving it to them without fear or judgment. But Trump now appeared to be making a serious bid to overturn a legitimate election, and his chaos agents — his personal lawyer Giuliani chief among them — were creating dangerous new appetites. Now Murdoch was faced with holding the line on reporting the facts or following his audience all the way into the land of conspiracy theories. Neither choice was necessarily good for business. At 5:01 p.m. London time, he sent an email to his friend Saad Mohseni — an Afghan Australian media mogul sometimes referred to as the Afghan Rupert Murdoch — from his iPhone. “Just watched Giuliani press conference,” he wrote. “Stupid and damaging.” Shortly after, he sent another email, this one to his Fox News chief executive, Suzanne Scott: “Terrible stuff damaging everybody, I fear. Probably hurting us, too.”Murdoch had for weeks — for years, really — avoided making a choice. Trump and his supporters were already furious at Fox News for being the first network to call Biden the victor in Arizona, and two newer cable networks were offering them a version of reality more fully on Trump’s terms. One of them, Newsmax, was moving up in the ratings while refusing to call Biden the winner. When Murdoch’s own paper, The Wall Street Journal, reported a few days before Giuliani’s news conference that Trump allies were considering pouring money into Newsmax to help it mount a stiffer challenge to Fox, Murdoch alerted Scott to the piece. Fox would have to play this just right, he said in an email. Take Giuliani with “a large grain of salt,” he wrote, but also be careful not to “antagonize Trump further.”The network’s coverage of the Giuliani news conference showed just how impossible this balancing act would be. Immediately afterward, a Fox News White House correspondent, Kristin Fisher, went to the network’s camera position outside the West Wing and fact-checked the allegations. “So much of what he said was simply not true,” she told Fox viewers. Giuliani, she said, provided no hard proof for a claim that “really cuts to the core of our democratic process.” Fox’s opinion hosts, who had been broadcasting the Giuliani-Powell Dominion fantasies to varying degrees themselves — some appearing to endorse them outright — had been complaining internally that the news division’s debunking efforts were alienating the core audience. An executive at the Fox Corporation, the network’s parent company, had recently started a brand protection effort to, among other tasks, “defend the brand in real time.” After Fisher’s segment, the group sent an alert to top news executives. In a follow-up email, Scott vented to a deputy. “I can’t keep defending these reporters who don’t understand our viewers and how to handle stories,” she wrote. “We have damaged their trust and belief in us.” One of Fisher’s bosses told her that she needed to do a better job of “respecting our audience,” and Fisher later complained of feeling sidelined. More

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      Attacks on Dominion Voting Persist Despite High-Profile Lawsuits

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      Unproven claims about Dominion Voting Systems still spread widely online.With a series of billion-dollar lawsuits, including a $1.6 billion case against Fox News headed to trial this month, Dominion Voting Systems sent a stark warning to anyone spreading falsehoods that the company’s technology contributed to fraud in the 2020 election: Be careful with your words, or you might pay the price.Not everyone is heeding the warning.“Dominion, why don’t you show us what’s inside your machines?” Mike Lindell, the MyPillow executive and prominent election denier, shouted during a livestream last month. He added that the company, which has filed a $1.3 billion defamation lawsuit against him, was engaged in “the biggest cover-up for the biggest crime in United States history — probably in world history.”Claims that election software companies like Dominion helped orchestrate widespread fraud in the 2020 election have been widely debunked in the years since former President Donald J. Trump and his allies first pushed the theories. But far-right Americans on social media and influencers in the news media have continued in recent weeks and months to make unfounded assertions about the company and its electronic voting machines, pressuring government officials to scrap contracts with Dominion, sometimes successfully.The enduring attacks illustrate how Mr. Trump’s voter fraud claims have taken root in the shared imagination of his supporters. And they reflect the daunting challenge that Dominion, and any other group that draws the attention of conspiracy theorists, faces in putting false claims to rest.The attacks about Dominion have not reached the fevered pitch of late 2020, when the company was cast as a central villain in an elaborate and fictitious voter fraud story. In that tale, the company swapped votes between candidates, injected fake ballots or allowed glaring security vulnerabilities to remain on voting machines.Dominion says all those claims have been made without proof to support them.“Nearly two years after the 2020 election, no credible evidence has ever been presented to any court or authority that voting machines did anything other than count votes accurately and reliably in all states,” Dominion said in an emailed statement.On Friday, the judge in Delaware overseeing the Fox defamation case ruled that it was “CRYSTAL clear” that Fox News and Fox Business had made false claims about the company — a major setback for the network.Many prominent influencers have avoided mentioning the company since Dominion started suing prominent conspiracy theorists in 2021. Fox News fired Lou Dobbs that year — only days after it was sued by Smartmatic, another election software company — saying the network was focusing on “new formats.” Mr. Dobbs is also a defendant in Dominion’s case against Fox, which is scheduled to go to trial on April 17.Yet there have been nearly nine million mentions of Dominion across social media websites, broadcasts and traditional media since Dominion filed its first lawsuit in January 2021, including nearly a million that have mentioned “fraud” or related conspiracy theories, according to Zignal Labs, a media monitoring company. Some of the most widely shared posts came from Representative Marjorie Taylor Greene, Republican of Georgia, who tweeted last month that the lawsuits were politically motivated, and Kari Lake, the former Republican candidate for governor of Arizona who has advanced voter fraud theories about election machines since her defeat last year.Far-right Americans on social media and influencers in the news media continue to make unfounded assertions about Dominion and its electronic voting machines.Brynn Anderson/Associated PressMr. Lindell remains one of the loudest voices pushing unproven claims against Dominion and electronic voting machines, posting hundreds of videos to Frank Speech, his news site, attacking the company with tales of voter fraud.Last month, Mr. Lindell celebrated on his livestream after Shasta County, a conservative stronghold in Northern California, voted to use paper ballots after ending its contract with Dominion. A county supervisor had flown to meet privately with Mr. Lindell before the vote, discussing how to run elections without voting machines, according to Mr. Lindell. The supervisor ultimately voted to switch to paper ballots.In an interview this week with The New York Times, Mr. Lindell claimed to have spent millions on campaigns to end election fraud, focusing on abolishing electronic voting systems and replacing them with paper ballots and hand counting.“I will never back down, ever, ever, ever,” he said in the interview. He added that Dominion’s lawsuit against him, which is continuing after the United States Supreme Court declined to consider his appeal, was “frivolous” and that the company was “guilty.”“They can’t deny it, nobody can deny it,” Mr. Lindell said.Joe Oltmann, the host of “Conservative Daily Podcast” and a promoter of voter fraud conspiracy theories, hosted an episode in late March titled “Dominion Is FINISHED,” in which he claimed that there was a “device that’s used in Dominion machines to actually transfer ballots,” offering only speculative support.“This changes everything,” Mr. Oltmann said.Dominion sent Mr. Oltmann a letter in 2020 demanding that he preserve documents related to his claims about the company, which is often the first step in a defamation lawsuit.In a livestream last month on Rumble, the streaming platform popular among right-wing influencers, Tina Peters, a former county clerk in Colorado who was indicted on 10 charges related to allegations that she tampered with Dominion’s election equipment, devoted more than an hour to various election fraud claims, many of them featuring Dominion. The discussion included a suggestion that because boxes belonging to Dominion were stamped with “Made in China,” the election system was vulnerable to manipulation by the Chinese Communist Party.Mr. Oltmann and Ms. Peters did not respond to requests for comment.The Fox lawsuit has also added fuel to the conspiracy theory fire.Far-right news sites have largely ignored the finding that Fox News hosts disparaged voter fraud claims privately, even as they gave them significant airtime. Instead, the Gateway Pundit, a far-right site known for pushing voter fraud theories, focused on separate documents showing that Dominion executives “knew its voting systems had major security issues,” the site wrote.The documents showed the frenzied private messages between Dominion employees as they were troubleshooting problems, with one employee remarking, “our products suck.” In an email, a Dominion spokeswoman noted the remark was about a splash screen that was hiding an error message.In February, Mr. Trump shared the Gateway Pundit story on Truth Social, his right-wing social network, stoking a fresh wave of attacks against the company.“We will not be silent,” said one far-right influencer whose messages are sometimes shared by Mr. Trump on Truth Social. “Dominion is the enemy!” More

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      Trump and Fox News, Twin Titans of Politics, Hit With Back-to-Back Rebukes

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      Donald Trump’s criminal indictment and Fox News’s civil trial have nothing in common, but, combined, they delivered a rare reckoning for two forces that have transformed politics.For the better part of a decade, Donald J. Trump and his allies at Fox News have beguiled some Americans and enraged others as they spun up an alternative world where elections turned on fraud, one political party oppressed another, and one man stood against his detractors to carry his version of truth to an adoring electorate.Then this week, on two consecutive days, the former president and the highest-rated cable news channel were delivered a dose of reality by the American legal system.On Thursday, Mr. Trump became the first former president in history to be indicted on criminal charges, after a Manhattan grand jury’s examination of hush money paid to a pornographic film actress in the final days of the 2016 election.The next day, a judge in Delaware Superior Court concluded that Fox hosts and guests had repeatedly made false claims about voting machines and their supposed role in a fictitious plot to steal the 2020 election, and that Dominion Voting Systems’ $1.6 billion defamation lawsuit against the network should go to trial.A lawyer for Fox News, Dan Webb, center, leaving the first hearing for the Dominion v. Fox case in Wilmington, Del., on March 21.Hannah Beier for The New York TimesBoth defendants dispute the claims. Still, the back-to-back blows against twin titans of American politics landed as a reminder of the still-unfolding reckoning with the tumult of the Trump presidency.For the left, the seismic week delivered an “I told you so” years in the making. Democrats who have long wanted Mr. Trump criminally charged got the satisfaction of watching a prosecutor and a grand jury agree.A day later, after years of arguing that Fox News was hardly fair and balanced, they could read a judge’s finding that Fox had not conducted “good-faith, disinterested reporting” on Dominion. Fox argues that statements made on air alleging election fraud are protected by the First Amendment.While the two cases have nothing in common in substance, they share a rare and powerful potential. In both, any final judgments will be rendered in a courtroom and not by bickering pundits on cable news and editorial pages.“There will always be a remnant, no matter how the matter is resolved in court, who will refuse to accept the judgment,” said Norman Eisen, a government ethics lawyer who served as special counsel to the House Judiciary Committee during Mr. Trump’s first impeachment. “But when you look at other post-upheaval societies, judicial processes reduce factions down to a few hard-core believers.”He added, “A series of court cases and judgments can break the fever.”That, of course, could prove to be a Democrat’s wishful thinking.In this moment of constant campaigning and tribal partisanship, even the courts have had difficulty puncturing the ideological bubbles that Mr. Trump and Fox News pundits have created. The legal system produced a $25 million settlement of fraud charges against Trump University, dismissed dozens of lies about malfeasance in the 2020 election, pressed for the search for missing classified documents and ruled numerous times that Dominion’s machines did not in fact change votes.Yet hundreds of thousands of Americans remain devoted to both defendants.Embarrassing and damaging material has already come out through both cases, with little immediate sign of backlash..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Thousands of text messages, emails and other internal company documents disclosed to Dominion and released publicly portray high-level figures at the network as bent on maintaining ratings supremacy by giving audiences what they wanted, regardless of the truth.Texts show the star prime time host Tucker Carlson calling Mr. Trump a “demonic force,” and the chairman of Fox Corporation, Rupert Murdoch, describing Sean Hannity as “privately disgusted by Trump.”Fox News has said Dominion took private conversations out of context. Its ratings dominance appears untouched by the negative headlines in recent weeks. Data from Nielsen show that in March the 10 top-rated cable shows in America were all on Fox News, led by “Tucker Carlson Tonight,” and that 14 of the top 20 were produced by the network.Still, experts believe the case has already resonated.“I’ve never seen a case before where journalists said they didn’t believe the story they were telling but were going to keep telling it because it’s what the audience wanted to hear,” said Lyrissa Lidsky, a professor of constitutional law at the University of Florida and an expert on defamation law. “It’s a shock wave saying it’s time to get serious about accountability.”Democrats, too, could see their illusions fall. Although many have clamored to see Mr. Trump charged, and felt vindicated this week, the risks of failure are considerable.If Mr. Trump’s lawyers file to have the charges simply dismissed as prosecutorial overreach and quickly win, the consequences would almost certainly strengthen Mr. Trump, who will make the case — and possibly others to follow — central to his primary campaign.But in a court of law, the magnetism that Mr. Trump and Fox News have over their audiences may lose some of its power. No matter how many times the former president insists outside the courtroom that he’s the victim of a political prosecution, inside the courtroom his lawyers will have to address the specific charges. They will win or lose based on legal arguments, not bluster.“I’ve been around for 50 years, and I’ve heard the political argument before,” said Stanley M. Brand, a veteran Washington defense lawyer. Mr. Brand cited the “Abscam” bribery case of the 1970s, when the defendants accused President Jimmy Carter of orchestrating the bribery sting, or the investigation of Senator Robert G. Torricelli, which was also surrounded by charges of politics. “It’s never worked in a court of law.”Members of the media and protesters outside Trump Tower in New York City on Thursday.Hilary Swift for The New York TimesJames Bopp Jr., a conservative defense lawyer, said he agreed with virtually all Republicans that the Manhattan district attorney had coaxed his grand jury to bring forward a specious indictment for the political purpose of damaging Mr. Trump.But, he said, Mr. Trump’s lawyers must answer the charges, not grandstand on the politics.“A charge is not automatically dismissible because it’s brought for political purpose,” he said. “The motive of prosecutors may be pertinent to the broader society. It’s not pertinent to a judge.”The exact charges against Mr. Trump may not be known until he is arraigned on Tuesday. The grand jury that brought the indictment was examining payments to Stormy Daniels and the core question of whether those payments were illegally disguised as business expenditures, a misdemeanor that would rise to a felony if those payments could be labeled an illegal campaign expenditure.If past legal skirmishes are an indication, Mr. Trump is likely to drag the proceedings out for months, if not years, with motion after motion as he builds his third presidential campaign around what he called on Friday the “unprecedented political persecution of the president and blatant interference in the 2024 election.”Likewise, Fox News will almost certainly continue to frame the Dominion case as that of a corporation intent on stifling the First Amendment’s guarantees of free speech and freedom of the press.“This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news,” the network said in a statement Friday.That may be left for a court to decide.Ken Bensinger More

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      in Elections

      Fox News Suffers Major Setback in Dominion Case

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      A judge said the suit would go to trial, for a jury to weigh whether the network knowingly spread false claims about Dominion Voting Systems, and to determine any damages.Fox News suffered a significant setback on Friday in its defense against a $1.6 billion defamation lawsuit that claims it lied about voter fraud in the 2020 election.A judge in Delaware Superior Court said the case, brought by Dominion Voting Systems, was strong enough to conclude that Fox hosts and guests had repeatedly made false claims about Dominion machines and their supposed role in a fictitious plot to steal the election from President Donald J. Trump.“The evidence developed in this civil proceeding,” Judge Eric M. Davis wrote, demonstrates that it “is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true.”Judge Davis said the case would proceed to trial, for a jury to weigh whether Fox spread false claims about Dominion while knowing that they were untrue, and to determine any damages. The trial is expected to begin April 17.But he rejected much of the heart of Fox’s defense: that the First Amendment protected the statements made on its air alleging that the election had somehow been stolen. Fox has argued that it was merely reporting on allegations of voter fraud as inherently newsworthy and that any statements its hosts made about supposed fraud were covered under the Constitution as opinion.“It appears oxymoronic to call the statements ‘opinions’ while also asserting the statements are newsworthy allegations and/or substantially accurate reports of official proceedings,” Judge Davis said.For example, in a “Lou Dobbs Tonight” broadcast on Nov. 24, 2020, Mr. Dobbs said: “I think many Americans have given no thought to electoral fraud that would be perpetrated through electronic voting; that is, these machines, these electronic voting companies including Dominion, prominently Dominion, at least in the suspicions of a lot of Americans.”The judge said that statement was asserting a fact, rather than an opinion, about Dominion.Under defamation law, Dominion must prove that Fox either knowingly spread false information or did so with reckless disregard for the truth, meaning that it had reason to believe that the information it broadcast was false.Numerous legal experts have said that Dominion has presented ample evidence that Fox hosts and producers were aware of what they were doing.RonNell Andersen Jones, a law professor and First Amendment scholar at the University of Utah’s S.J. Quinney College of Law, said the judge had signaled that he disagreed with many of Fox’s arguments.“The case will head to the jury with several of the key elements already decided in Dominion’s favor,” Ms. Anderson Jones said.Dominion, in a statement, said: “We are gratified by the court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false. We look forward to going to trial.”A spokeswoman for Fox said the case “is and always has been about the First Amendment protections of the media’s absolute right to cover the news.”“Fox will continue to fiercely advocate for the rights of free speech and a free press as we move into the next phase of these proceedings,” she added.Both parties had asked for the judge to grant summary judgment, meaning to rule in their favor on the merits of the evidence that each side had produced so far, including at a pretrial hearing last week. Dominion has argued that texts and emails between Fox executives and hosts proved that many knew the claims were false but put them on the air anyway.Fox has accused Dominion of cherry-picking evidence and argued that the First Amendment protected it because it was reporting on newsworthy allegations.In Friday’s decision, Judge Davis said damages, if they were awarded to Dominion, would be calculated by the jury. Lawyers for Fox pushed back on Dominion’s claim for $1.6 billion in previous hearings, arguing that the company had overstated its valuation and failed to show it suffered any loss of business.Fox has argued that Fox Corp, the parent company of Fox News, was not involved in the broadcasting of the allegedly defamatory statements. In the decision, the judge left that question up to a jury.The case is the highest profile so far to test whether allies of former President Donald J. Trump would be held accountable for spreading falsehoods about the 2020 election. The prosecutions of those who were at the Capitol on Jan. 6, 2021, have mostly been focused on petty criminals and low-level agitators.Major revelations have been buried in the suit’s filings. Hundreds of pages of internal emails and messages in the weeks around the 2020 election, some of which were redacted, showed that many Fox executives and hosts did not believe the false claims of voter fraud they were broadcasting and made derogatory comments about Mr. Trump and his legal advisers.Tucker Carlson, the popular prime-time host, described Mr. Trump as “a demonic force, a destroyer” in a text with his producer. In a separate message to the host Laura Ingraham, Mr. Carlson said Sidney Powell, Mr. Trump’s lawyer, was lying about the fraud claims, but “our viewers are good people and they believe it.”The trove of messages also revealed the panic inside Fox News in the weeks after the election. Leaders including Suzanne Scott, the network’s chief executive, and Rupert Murdoch, the chairman of its parent company, fretted about angering viewers who felt the network had betrayed Mr. Trump when it correctly called Arizona for Joseph R. Biden Jr.As some of those viewers left for more right-wing channels like Newsmax in the days after the election, Ms. Scott told Mr. Murdoch in an email that she intended to “pivot but keep the audience who loves us and trusts us.” She added: “We need to make sure they know we aren’t abandoning them and still champions for them.”Mr. Murdoch acknowledged in his deposition that some Fox News hosts had “endorsed” the false fraud claims. He added that he “would have liked us to be stronger in denouncing it in hindsight.”The suit has also had a recent complicating factor: A former Fox News producer filed her own lawsuits against the company this month, claiming that the network’s lawyers coerced her into giving a misleading testimony in the Dominion case. Fox News fired the producer, Abby Grossberg, who worked for the host Maria Bartiromo and Mr. Carlson, after she filed the complaints.On Monday, Ms. Grossberg’s lawyers filed her errata sheet, which witnesses use to correct mistakes in their depositions. She revised her comments to say she did not trust the producers at Fox with whom she worked because they were “activists, not journalists, and impose their political agendas on the programming.”Judge Davis’s ruling sets the stage for one of the most consequential media trials in recent history, with the possibility that Fox executives and hosts could be called to testify in person.In several recent hearings, the judge indicated that he was losing patience with Fox lawyers and their objections to Dominion’s efforts to introduce evidence into the record. And he said on Friday that he believed Dominion was correct in asserting that Fox had not “conducted good-faith, disinterested reporting.” More