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    How Fox Chased Its Audience Down the Rabbit Hole

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

    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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    Trump’s Return to Fox News Gets a Cool Reception … on Fox News

    The network used to be a safe space for the former president. But Brian Kilmeade, Jason Chaffetz and others had tough words for his appearance on “Hannity,” his first Fox interview in months.Reunions can be awkward.Former President Donald J. Trump finally returned this week to his old stomping ground, Fox News, after several months away. The chilly reception from some of his onetime media allies underscored his uneasy place at the moment in Republican politics.Yes, Sean Hannity, the Fox News anchor who conducted the interview, listened patiently as Mr. Trump reeled off his usual talking points about the “fake news media” and “horrible” Democrats. The former president said Gov. Ron DeSantis of Florida, a potential rival for the Republican presidential nomination, would be toiling “at a pizza parlor” without his endorsement. And he concluded with the grim assessment that “our country is dead.”But while Fox News and Mr. Trump existed for years in a kind of symbiosis — with on-air personalities effusively praising Mr. Trump, and benefiting from big ratings for his frequent appearances — the network is no longer the all-encompassing Trump safe space it used to be.Rupert Murdoch has used media properties like Fox News to promote Mr. DeSantis as a potential savior of the Republican Party. Until this week, Mr. Trump had not appeared on a Fox News broadcast since declaring his candidacy in November. And minutes after his interview aired, network personalities were taking the former president to task.Laura Ingraham, whose prime-time program directly follows “Hannity,” was once so close to Mr. Trump that she attended his election night party in November 2020. On her Monday show, she allowed the New York Post columnist Miranda Devine to criticize Mr. Trump for “complaining endlessly about the past” and “constantly dwelling on grievance.”When her other guest, the Trump loyalist Stephen Miller, loudly interjected that the former president “has put forward a new policy plan every week,” Ms. Ingraham sounded skeptical of his argument. “Why isn’t he talking about them?” she asked Mr. Miller.The next morning, Jason Chaffetz, a Republican congressman turned Fox News contributor, denounced Mr. Trump’s performance as “absolutely horrific.”“I voted for Donald Trump twice, I have defended him countless times; I thought he was horrific,” Mr. Chaffetz said. “I think that was the worst interview I’ve seen the president do.” He went on to criticize the former president for “whining,” “complaining” and playing “the victim card.” Steve Doocy and Brian Kilmeade, two of the co-hosts of the morning show “Fox & Friends,” also knocked Mr. Trump’s performance.Nielsen ratings — one of Mr. Trump’s preferred metrics — provided their own kind of tough review. In past years, a Trump interview almost always delivered Fox News’s biggest audience of the day. On Monday, Mr. Trump drew 3.04 million viewers, higher than the average episode of “Hannity” but well below that day’s viewership for “The Five” and “Tucker Carlson Tonight.”With a defamation suit against Fox News filed by Dominion Voting Systems hurtling toward a trial, it was notable that Mr. Hannity’s interview with Mr. Trump was taped. Mr. Trump’s baseless claims about a “rigged” 2020 election are central to the Dominion case; a live appearance by Mr. Trump in which he repeats those claims could be hazardous for the network. It could also put a Fox News anchor in the awkward position of having to contradict Mr. Trump on the air, the kind of exchange that could easily go viral and turn off some of the network’s viewers.Mr. DeSantis, meanwhile, continues to rely on Fox News and other Murdoch properties for his major media appearances, even as his absence from other conservative-friendly outlets like Breitbart News has come under new scrutiny.Megyn Kelly, the former Fox News star who now hosts a successful podcast, revealed to listeners this week that Mr. DeSantis had been ducking her invitations.“I love Piers Morgan, he’s a pal of mine, but why would you go sit with the British guy and not come on this show?” Ms. Kelly said on her program, referring to Mr. DeSantis’s recent interview with the London-based Mr. Morgan.“I will venture to say he’s afraid,” Ms. Kelly added. “I’m just going to put it out there: He’s afraid because he knows the kind of interview that I would give him. He’s not going to get a pass.”The Florida governor avoids most one-on-one interactions with the mainstream media. Other than a recent appearance on Eric Bolling’s Newsmax program, Mr. DeSantis has leaned extensively on venues controlled by Mr. Murdoch, even those based overseas. He gave an interview to The Times of London. Mr. Morgan is based at TalkTV, a British network owned by Mr. Murdoch, although his DeSantis interview aired on the streaming channel Fox Nation and was excerpted by The New York Post.It has not been lost on Mr. Trump’s allies that Mr. DeSantis’s poll numbers have softened when he is enjoying mostly sympathetic coverage from Fox News.And there are subtle signs that Mr. DeSantis may not always be able to bank on the network’s good graces. On Tuesday, Jesse Watters, a co-host of “The Five,” offered some advice to the Florida governor in the wake of Mr. Trump’s attacks.“DeSantis is taking a bruising,” Mr. Watters said. “If I were Ron, I would start talking. Because every day that goes by, Trump draws blood.” He added: “How many more weeks and months is this going to sustain itself? Ron’s got to come out and say something, or else he’s just going to limp into this primary.” More

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    Fox Argues Top Executives Weren’t Involved in Voter Fraud Broadcasts

    Lawyers for the company, which faces a $1.6 billion defamation lawsuit, are pushing for a judge to rule in their favor before a trial.WILMINGTON, Del. — Fox Corporation executives, including Rupert and Lachlan Murdoch, had no direct involvement in what aired on the company’s cable news channels, and therefore their company should not be found liable in a $1.6 billion defamation case, lawyers for Fox argued Wednesday in a Delaware court.The argument was part of Fox’s request for a pretrial victory. Dominion Voting Systems has accused both Fox News and its parent company, Fox Corporation, of defaming the business. Dominion says Fox’s shows repeatedly linked its voting machines to a vast conspiracy of fraud in the 2020 presidential election.Erin Murphy, a lawyer for both Fox Corporation and Fox News, said there was no evidence that corporate executives were involved in the Fox News shows in question. She said Dominion would need to show that they had directly participated in the broadcasts to meet the high standard needed to prove defamation.Ms. Murphy conceded that some of the executives had the power to bar certain guests from the shows, but said: “It’s not enough for them to show that they have the ability to step in. They have to have been involved.”Fox has asked that Fox Corporation be dropped from the lawsuit.Dominion must prove that Fox knowingly broadcast false information about the company, or was reckless enough to disregard substantial evidence that the claims were not true. Defamation cases have traditionally proved hard to win because of the First Amendment’s broad free speech protections. But legal experts say Dominion may have enough evidence to clear that high bar.Dominion, too, is asking for summary judgment; its legal team gave its arguments in Delaware Superior Court on Tuesday. The judge, Eric M. Davis, said he would make his decision by April 11. A jury trial is scheduled to start April 17.Judge Davis told both sides on Wednesday that he preferred for trial witnesses to appear in person rather than over a video link, setting up the possibility that Fox News hosts like Maria Bartiromo and Tucker Carlson could show up. He said Rupert Murdoch might also be compelled to testify in person, though he did not issue any decisions on the matter.Fox lawyers had submitted a letter to the judge on Monday asking that Mr. Murdoch and some other executives not be compelled to testify, saying that it would amount to “hardships” on the witnesses and that their testimony would “add nothing other than media interest.”After Fox finished its arguments, a lawyer for several media outlets, including The New York Times, asked the judge to review redactions that Fox had made to some of the communications it handed over, arguing that Fox kept too much confidential. Judge Davis said he would consider the request.Judge Davis also remarked on a lawsuit filed in Delaware on Monday by a Fox News producer, Abby Grossberg. She argues that Fox lawyers coerced her into providing misleading information in her deposition in the Dominion lawsuit.Judge Davis said the lawsuit had been originally assigned to him but then given to another judge in Delaware Superior Court.Fox News said in a statement on Wednesday: “Despite the noise and confusion that Dominion has generated by presenting cherry-picked quotes without context, this case is ultimately about the First Amendment protections of the media’s absolute need to cover the news.” More

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    Fox and Dominion Urge Judge to Rule on Case

    At the start of a pretrial hearing for the $1.6 billion defamation trial, the judge said he was still weighing whether to issue a summary judgment.A Delaware judge overseeing Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News said in a pretrial hearing on Tuesday that he was still weighing whether to issue a summary judgment for either side in the case.In a hearing in Wilmington, Del., on Tuesday, lawyers for Fox News and Dominion both pushed the judge, Eric M. Davis of the Delaware Superior Court, to rule on the case without a jury. Dominion, an election technology company, is accusing Fox of spreading false claims of widespread vote-rigging in the 2020 presidential election.“I haven’t made a decision,” Judge Davis said.The case centers on Fox’s coverage of the 2020 election, when President Donald J. Trump and his supporters began to spread false claims about widespread voter fraud.On Tuesday, Dominion argued that a trove of internal communications and depositions it had obtained showed that Fox executives and hosts had known that some of the claims about election fraud were false but had given them airtime anyway. Fox asked Judge Davis to dismiss the case outright, saying its actions were protected by the First Amendment.A trial is scheduled to begin on April 17.The lawsuit poses a sizable threat to Fox’s business and reputation. Dominion must prove that Fox knowingly broadcast false information about the company, or was reckless enough to disregard substantial evidence that the claims were not true — a legal standard known as “actual malice.” While defamation cases have traditionally proved hard to win, legal experts say Dominion may have enough evidence to clear that high bar.Justin Nelson, a lawyer for Dominion, told the court that it had plenty of evidence that Fox knew what it was doing.Mr. Nelson cited, for example, an excerpt from a deposition by Joe Dorrego, the chief financial officer of Fox News, who was asked whether Rupert and Lachlan Murdoch, the top executives of Fox News’s parent company, knew that the claims were being aired on the network. Mr. Dorrego answered: “They were certainly aware that the allegations were being reported on Fox News.”“They allowed people to come on the air to make those charges, despite knowing they are false,” Mr. Nelson told the judge.Erin Murphy, a lawyer for Fox, argued in court on Tuesday that a reasonable viewer of Fox News and Fox Business would have understood that the hosts were merely reporting that the president and his lawyers were making the fraud claims, which was newsworthy, and not making factual statements.“We do not think that we are just scot-free simply because a guest said something rather than a host,” Ms. Murphy said. “What we resist is that Dominion’s position seems to be that we are automatically liable because a guest said something.”Ms. Murphy told the judge that there was more context for the shows and statements singled out by Dominion in its complaint that proved the hosts had been merely presenting statements of fact. As an example, she referred to a Dec. 12, 2020, broadcast of “Fox & Friends,” during which the hosts asked Mr. Trump’s lawyer, Rudy Giuliani, about legal challenges relating to voter fraud.“I don’t see how somebody watching that show thinks that by merely asking the president’s lawyer ‘What are you alleging and what evidence do you have to support it?’ the hosts are saying we believe these allegations to be true,” Ms. Murphy said.Ms. Murphy added that there was no evidence that any Fox Corporation executive had been involved in the airing of defamatory statements.Lawyers for Fox are scheduled to finish their arguments before the judge on Wednesday. More

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    Fox’s P.R. Woes May Not Directly Translate to Legal Ones

    Some of the unflattering private messages among the network’s hosts and executives may never become evidence when Dominion Voting Systems’ defamation case against Fox News goes to trial.For the past three weeks, a drip, drip, drip of disclosures have exposed widespread alarm and disbelief inside Fox News in the days after the 2020 presidential election, as the network became a platform for some of the most insidious lies about widespread voter fraud. These revelations are the most damning to rattle the Murdoch media empire since the phone hacking scandal in Britain more than a decade ago.The headlines have been attention-grabbing. Tucker Carlson, a professed champion of former President Donald J. Trump’s populist message, was caught insulting Mr. Trump — “I hate him passionately,” he wrote in a text. Laura Ingraham and Sean Hannity disparaged colleagues in their network’s news division. And Rupert Murdoch said he longed for the day when Mr. Trump would be irrelevant.These examples and many more — revealed in personal emails, text messages and testimony made public as part of Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News — are embarrassing. But whether they pose serious legal jeopardy for Fox in that case is far less clear.The messages that led to some of the biggest headlines may never be introduced as evidence when the case goes to trial next month, according to lawyers and legal scholars, including several who are directly involved in the case. Fox is expected to ask a judge to exclude certain texts and emails on the grounds they are not relevant.Laura Ingraham disparaged Fox News colleagues in private messages released recently.Rebecca Noble for The New York TimesBut the most powerful legal defense Fox has is the First Amendment, which allows news organizations broad leeway to cover topics and statements made by elected officials. In court, Fox’s lawyers have argued that the network was merely reporting on what Mr. Trump and his allies were saying about fraud and Dominion machines — not endorsing those falsehoods.Media law experts said that if a jury found that to be true — not a far-fetched outcome, they said, especially if lawyers for the network can show that its hosts did not present the allegations as fact — then Fox could win.Fox News v. Dominion Voter SystemsDocuments from a lawsuit filed by the voting machine maker Dominion against Fox News have shed light on the debate inside the network over false claims related to the 2020 election.Running Fox: Emails that lawyers for Dominion have used to build their defamation case give a peek into how Rupert Murdoch shapes coverage at his news organizations.Behind the Curtain: Texts and emails released as part of the lawsuit show how Fox employees privately mocked election fraud claims made by former President Donald J. Trump, even as the network amplified them to appease viewers.Tucker Carlson’s Private Contempt: The Fox host’s private comments, revealed in court documents, contrast sharply with his support of Mr. Trump on his show.A Show of Support: In his first public remarks since the recent revelations on Fox News, Mr. Murdoch’s son Lachlan, the chief executive of the Fox Corporation, issued a full-throated show of support for Suzanne Scott, who is at the helm of Fox News Media.“I think the case really will come down to a jury deciding whether the company or the commentators did or didn’t endorse — that really is the key question,” said George Freeman, a former New York Times lawyer who is now executive director of the Media Law Resource Center, which assists news organizations with legal issues.“It gives Fox, I think, a fighting chance,” he added.Despite the ways Fox could prevail with a jury, legal scholars say Dominion’s case is exceptionally strong.Lawyers for Dominion argue that the claims made by Fox’s hosts and guests about its machines and their supposed role in a nonexistent conspiracy to steal votes from Mr. Trump was anything but dispassionate, neutral reporting.“Truth and shared facts form the foundation of a free society — even more so here,” its lawyers said in a brief, filed with the court on Thursday. “The false idea that Dominion rigged the 2020 presidential election undermines the core of democracy.”It is rare for First Amendment lawyers to side against a media company. But many of them have done just that, arguing that a finding against Fox will send an important message: The law does not protect those who peddle disinformation. And it would help dispel the idea, First Amendment experts said, that libel laws should be rewritten to make it easier to win defamation suits, as Mr. Trump and other conservatives, including Justice Clarence Thomas, have suggested.In its most recent filings, Dominion argued that the law was more than adequate to find Fox liable.“If this case does not qualify as defamation, then defamation has lost all meaning,” Dominion argued in a legal filing made public on Thursday.But legal experts said that the case would rise or fall not based on how a jury considered lofty concerns about the health of American democracy. Rather, they said, Dominion’s challenge will be to persuasively argue something far more specific: that Fox News either knowingly broadcast false information or was so reckless that it overlooked obvious evidence pointing to the falsity of the conspiracy theories about Dominion.Though the coverage of the case has largely focused on the disparaging comments the network’s star hosts and top executives made in private — about Mr. Trump, his lawyers and one another — those remarks could only help Dominion’s case if they pointed to a deeper rot inside Fox, namely that it cynically elevated false stories about Dominion machines because its ratings were suffering.The one episode of Mr. Carlson’s show that Dominion cited as defamatory included an interview with Mike Lindell, the MyPillow chief executive.Fox News“When I see the headlines that are primarily about Tucker Carlson or Sean Hannity, those are conversations that the litigation was designed to spur,” said RonNell Andersen Jones, a First Amendment scholar and law professor at the University of Utah.“At least some of that evidence is going to be important atmospherically,” Ms. Andersen Jones added. But what will be more important to the outcome of the case, she said, is “what drove the narrower decisions at the individual shows.”Fox’s lawyers could ask the judge, for instance, to keep the jury from seeing most of Mr. Murdoch’s deposition on the grounds that he was the chairman of the company and played no direct role in decision-making at the show level. However, during his deposition, Mr. Murdoch did concede a key point of Dominion’s. He acknowledged that some Fox hosts had endorsed false claims of malfeasance during the election. And when Dominion’s lawyer, Justin Nelson, presented Mr. Murdoch with examples of how Fox went beyond merely providing a platform for election deniers, the Fox chairman agreed. “I think you’ve shown me some material in support of that,” Mr. Murdoch testified.Fox also plans to argue that the network’s coverage of the aftermath of the 2020 election needs to be considered as a whole, including the hosts and guests who insisted that there was no evidence of widespread fraud.And the more Fox lawyers can show instances in the coverage where its hosts rebutted or framed the allegations as unproven, the stronger their case will be.A lawyer working on Fox’s defense, Erin Murphy, said Dominion did not “want to talk about the shows where there was a lot of commentary coming from different perspectives.”Especially when those shows were ones “that had higher viewership and were the more mainstream,” Ms. Murphy added.Dominion would be on the strongest legal footing, defamation experts said, whenever it could point to specific examples when individual Fox employees responsible for a program had admitted the fraud claims were bogus or overlooked evidence that those claims — and the people making them — were unreliable.Dominion cites only a single episode each from Mr. Carlson and Mr. Hannity as defamatory: Mr. Carlson’s interview of Mike Lindell, the MyPillow chief executive, on Jan. 26, 2021, and Mr. Hannity’s interview of Sidney Powell, a lawyer who made some of the most outrageous fraud allegations, on Nov. 30, 2020.Dominion’s defamation claims against three far more obscure shows with much lower ratings are more substantial and extensively documented: “Sunday Morning Futures With Maria Bartiromo” and the now-canceled “Lou Dobbs Tonight,” both of which ran on Fox Business in 2020; and “Justice With Judge Jeanine,” which was Jeanine Pirro’s Saturday evening talk show on Fox News before the network canceled it and promoted Ms. Pirro to a regular slot on “The Five,” a weekday round-table talk show.Some of the most damning evidence to emerge involves Maria Bartiromo, legal experts say.Roy Rochlin/Getty ImagesEspecially damaging, legal experts said, is the evidence against Ms. Bartiromo. Dominion has accused her of recklessly disregarding evidence that a key source for Ms. Powell, who appeared several times on Ms. Bartiromo’s show, was mentally unstable — a “wackadoodle” by the source’s own admission.In an email, the full text of which was released last Tuesday along with thousands of pages of depositions and private messages of Fox employees, is from someone who claims to be a technology analyst named Marlene Bourne. Ms. Powell forwarded Ms. Bourne’s email to Ms. Bartiromo on the evening of Nov. 7, and Ms. Bartiromo forwarded it to her producer.In the email, Ms. Bourne describes numerous conspirators in a plot to discredit Mr. Trump, including some who had been dead for years like Roger Ailes, the former chief executive of Fox News. She writes that she is capable of “time-travel in a semiconscious state” and that when she is awake she can “see what others don’t see, and hear what others don’t hear.” She also says she has been decapitated and that “it appears that I was shot in the back” once after giving the F.B.I. a tip.“If we’re really zeroing in on where the strongest evidence is,” Ms. Andersen Jones said, “it’s the wackadoodle email. Because the real question is whether you had subjective awareness of the likely falsity of the thing you were platforming on your show.” More

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    Lachlan Murdoch Defends Fox News’s Chief Executive Amid Defamation Suit

    “Suzanne Scott has done a tremendous job,” Mr. Murdoch said in his first public remarks since damaging revelations about the inner workings of the news network.Lachlan Murdoch, whose family controls the Fox media empire, issued a full-throated show of support on Thursday for Suzanne Scott, the chief executive of Fox News Media, as the cable channel faces a $1.6 billion defamation suit that has generated a cascade of unflattering revelations about its inner workings.“I just think Suzanne Scott has done a tremendous job,” Mr. Murdoch said at an investor conference in San Francisco, his first public remarks since Fox News has come under intense scrutiny over its handling of spurious claims of voter fraud in the 2020 presidential election.“The brand is incredibly strong. The core business is incredibly strong,” Mr. Murdoch said, pointing to Fox News’s significant ratings advantage over its rivals CNN and MSNBC. “It’s a credit to Suzanne Scott and all of her team there. They’ve done a tremendous job of building this business and running this business.”Ms. Scott’s future at Fox News has been the focus of some recent speculation. The defamation suit, filed by Dominion Voting Systems, argues that Fox News leadership allowed stars like Jeanine Pirro and Lou Dobbs to air rank falsehoods about rigged voting machines that ruined Dominion’s business. Rupert Murdoch said in a deposition that any of his executives who knowingly allowed lies to be broadcast “should be reprimanded, maybe got rid of.”The Murdoch family is loath to make major changes at its media properties in response to public rancor, although there have been occasional exceptions; the family closed its News of the World tabloid following a phone-hacking scandal. Lachlan Murdoch’s remarks on Thursday suggested that Ms. Scott’s position was safe, at least for now. She signed a multiyear contract extension in 2021, shortly after President Biden’s inauguration.Fox News v. Dominion Voter SystemsDocuments from a lawsuit filed by the voting machine maker Dominion against Fox News have shed light on the debate inside the network over false claims related to the 2020 election.Running Fox: Emails that lawyers for Dominion have used to build their defamation case give a peek into how Rupert Murdoch shapes coverage at his news organizations.Behind the Curtain: Texts and emails released as part of the lawsuit show how Fox employees privately mocked election fraud claims made by former President Donald J. Trump, even as the network amplified them to appease viewers.Tucker Carlson’s Private Contempt: The Fox host’s private comments, revealed in court documents, contrast sharply with his support of Mr. Trump on his show.A Show of Support: In his first public remarks since the recent revelations on Fox News, Mr. Murdoch’s son Lachlan, the chief executive of the Fox Corporation, issued a full-throated show of support for Suzanne Scott, who is at the helm of Fox News Media.The documents revealed in the Dominion case showed Ms. Scott, among other executives and some of the network’s hosts, worrying that conservatives would abandon Fox News if its coverage became too critical of former President Donald J. Trump and his allies’ baseless claims of rampant voter fraud.At one point, Ms. Scott privately criticized one of the network’s White House correspondents for describing many of Mr. Trump’s claims as “simply not true” during a live segment. “I can’t keep defending these reporters who don’t understand our viewers and how to handle stories,” Ms. Scott wrote in an internal email.Asked at Thursday’s conference to comment on the Dominion suit, Mr. Murdoch, who is the chief executive of the Fox Corporation, again defended Fox News from its detractors.“A news organization has an obligation — and it is an obligation — to report news fulsomely, wholesomely and without fear or favor, and that’s what Fox News has always done and that’s what Fox News will always do,” Mr. Murdoch said.“I think a lot of the noise that you hear about this case is actually not about the law and is not about journalism and is really about the politics,” Mr. Murdoch continued. “And that’s unfortunately more reflective of our polarized society that we live in today.”Mr. Murdoch’s interlocutor at the investor conference, which was sponsored by Morgan Stanley, did not press him further on the subject.Documents revealed in the Dominion lawsuit showed Suzanne Scott worrying that conservatives would abandon Fox News if its coverage became too critical of former President Donald J. Trump’s baseless claims of voter fraud.Alexi Rosenfeld/Getty ImagesMr. Murdoch’s own involvement in Fox News was also captured in the recently released documents.He did not hesitate to contact Ms. Scott directly about aspects of the channel’s coverage, even complaining at one point about an on-air caption along the bottom of Fox News’s screen that, Mr. Murdoch believed, took a needlessly negative tone toward Mr. Trump. Mr. Murdoch also complained to Ms. Scott that a correspondent’s coverage of a pro-Trump rally was too critical, calling it “smug and obnoxious.”In his remarks on Thursday, Mr. Murdoch mused about Fox News’s broader place in the American news media, arguing that its appeal stretched beyond its journalistic output and into a more cultural realm.“If you talk to focus groups, with any of our viewers, they see Fox News as not just a news channel, but a channel that speaks to Middle America and respects the values of Middle America as a media business that is most relevant to them, as opposed to simply a news channel,” Mr. Murdoch said. More

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    Inside the Panic at Fox News After the 2020 Election

    “If we hadn’t called Arizona,” said Suzanne Scott, the network’s chief executive, according to a recording reviewed by The New York Times, “our ratings would have been bigger.”WASHINGTON — A little more than a week after television networks called the 2020 presidential election for Joseph R. Biden Jr., top executives and anchors at Fox News held an after-action meeting to figure out how they had messed up.Not because they had gotten the key call wrong — but because they had gotten it right. And they had gotten it right before anyone else.Typically, it is a point of pride for a news network to be the first to project election winners. But Fox is no typical news network, and in the days following the 2020 vote, it was besieged with angry protests not only from President Donald J. Trump’s camp but from its own viewers because it had called the battleground state of Arizona for Mr. Biden. Never mind that the call was correct; Fox executives worried that they would lose viewers to hard-right competitors like Newsmax.And so, on Monday, Nov. 16, 2020, Suzanne Scott, the chief executive of Fox News Media, and Jay Wallace, the network’s president, convened a Zoom meeting for an extraordinary discussion with an unusual goal, according to a recording of the call reviewed by The New York Times: How to keep from angering the network’s conservative audience again by calling an election for a Democrat before the competition.Maybe, the Fox executives mused, they should abandon the sophisticated new election-projecting system in which Fox had invested millions of dollars and revert to the slower, less accurate model. Or maybe they should base calls not solely on numbers but on how viewers might react. Or maybe they should delay calls, even if they were right, to keep the audience in suspense and boost viewership.“Listen, it’s one of the sad realities: If we hadn’t called Arizona, those three or four days following Election Day, our ratings would have been bigger,” Ms. Scott said. “The mystery would have been still hanging out there.”Bret Baier and Martha MacCallum, the two main anchors, suggested it was not enough to call a state based on numerical calculations, the standard by which networks have made such determinations for generations, but that viewer reaction should be considered. “In a Trump environment,” Ms. MacCallum said, “the game is just very, very different.”The conversation captured the sense of crisis enveloping Fox after the election and underscored its unique role in the conservative political ecosystem. The network’s conduct in this period has come under intense scrutiny in a $1.6 billion defamation lawsuit by Dominion Voting Systems.Court filings in recent days revealed that Fox executives and hosts considered fraud claims by the Trump camp to be “really crazy stuff,” as Rupert Murdoch, the head of the Fox media empire, put it, yet pushed them on air anyway. The recording of the Nov. 16 meeting adds further context to the atmosphere inside the network at that time, when executives were on the defensive because of their Arizona call and feared alienating Mr. Trump and his supporters.In a statement on Saturday, the network said: “Fox News stood by the Arizona call despite intense scrutiny. Given the extremely narrow 0.3 percent margin and a new projection mechanism that no other network had, of course there would be a wide-ranging post-mortem surrounding the call and how it was executed no matter the candidates.”More on Fox NewsRupert Murdoch’s Deposition: The conservative media mogul acknowledged in a $1.6 billion defamation lawsuit that several Fox News hosts promoted the false narrative that the 2020 election was stolen.Privately Expressing Disbelief: Dozens of text messages released in the lawsuit show how Fox hosts went from privately criticizing election fraud claims to giving them significant airtime.‘American Nationalist’: Tucker Carlson stoked white fear to conquer cable news. In the process, the TV host transformed Fox News and became former President Donald J. Trump’s heir.Empire of Influence: ​​A Times investigation looked at how the Murdochs, the family behind a global media empire that includes Fox News, have destabilized democracy on three continents.In the cross hairs now is Ms. Scott, who joined the network at its inception in 1996 as a programming assistant and worked her way up to become chief executive in 2018. Media analysts have speculated that she may take the fall; Mr. Murdoch testified in a deposition that executives who knowingly allowed lies to be broadcast “should be reprimanded, maybe got rid of.” But Fox later put out word that she was not in danger.Ms. Scott was among the executives who grew alarmed after the network’s Decision Desk called Arizona for Mr. Biden at 11:20 p.m. on election night on Nov. 3, 2020, a projection that infuriated Mr. Trump and his aides because it was a swing state that could foreshadow the overall result. No other network called Arizona that night, although The Associated Press did several hours later, and the Fox journalists who made the call stood by their judgment.At 8:30 the next morning, Ms. Scott suggested Fox not call any more states until certified by authorities, a formal process that could take days or weeks. She was talked out of that. But the next day, with Mr. Biden’s lead in Arizona narrowing, Mr. Baier noted that Mr. Trump’s campaign was angry and suggested reversing the call. “It’s hurting us,” he wrote Mr. Wallace and others in a previously reported email. “The sooner we pull it even if it gives us major egg. And put it back in his column. The better we are. In my opinion.”Suzanne Scott joined Fox News at its inception in 1996 as a programming assistant and worked her way up to become chief executive in 2018. Alexi Rosenfeld/Getty ImagesArizona had never been in Mr. Trump’s column, and the Decision Desk overseen by Bill Sammon, the managing editor for Washington, resisted giving it “back” to a candidate who was losing just to satisfy critics.But on Friday night, Nov. 6, when Mr. Sammon’s team was ready to call Nevada for Mr. Biden, sealing his victory, Mr. Wallace refused to air it. “I’m not there yet since it’s for all the marbles — just a heavier burden than an individual state call,” Mr. Wallace wrote in a text message obtained by The Times.Rather than be the first to call the election winner, Fox became the last. CNN declared Mr. Biden the victor the next day at 11:24 a.m., followed by the other networks. Fox did not concur until 11:40 a.m., some 14 hours after Mr. Sammon’s election team internally concluded the race was over..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;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.While Mr. Biden held onto Arizona by 10,000 votes, the explosive fallout from the Fox call panicked the network. Viewers erupted. Ratings fell. “I’ve never seen a reaction like this, to any media company,” Tucker Carlson told Ms. Scott in a Nov. 9 message released in a court filing. Ms. Scott complained to a colleague that Mr. Sammon did not understand “the impact to the brand and the arrogance in calling AZ” and it was his job “to protect the brand.”On Nov. 16, Ms. Scott and Mr. Wallace convened the Zoom meeting to discuss the Arizona decision. Mr. Sammon and Arnon Mishkin, the director of the Decision Desk, were included. Chris Stirewalt, the political editor who had gone on air to defend the call, was not.Ms. Scott invited Mr. Baier and Ms. MacCallum, “the face” of the network, as she called them, to describe the heat they were taking, according to the recording reviewed by The Times.“We are still getting bombarded,” Mr. Baier said. “It became really hurtful.” He said projections were not enough to call a state when it would be so sensitive. “I know the statistics and the numbers, but there has to be, like, this other layer” so they could “think beyond, about the implications.”Ms. MacCallum agreed: “There’s just obviously been a tremendous amount of backlash, which is, I think, more than any of us anticipated. And so there’s that layer between statistics and news judgment about timing that I think is a factor.” For “a loud faction of our viewership,” she said, the call was a blow.Neither she nor Mr. Baier explained exactly what they meant by another “layer.” A person who was in the meeting and spoke on condition of anonymity to describe internal discussions said on Saturday that Mr. Baier had been talking about process because he was upset the Decision Desk had made the Arizona call without letting the anchors know first.Fox reached its call earlier than other networks because of the cutting-edge system that it developed after the 2016 election, a system tested during the 2018 midterm elections with great success — Fox projected that Democrats would capture the House before its competitors. But now Mr. Wallace was having second thoughts.“We created a new mousetrap,” he said. But he asked, “Was the mousetrap too good?” He added: “Part of me is like: Oh, should we have been more conservative and should we have stuck with N.E.P.,” the National Election Pool used by other networks. “Would that have changed things? Would there still be this ire?”Mr. Mishkin acknowledged that the Arizona call seemed “premature” but noted that “it did land correctly” and that Fox rightly made clear it was “a dogfight in the Electoral College.” Mr. Sammon stood by the call. “If I may defend the Decision Desk for a moment, they got all 50 states right,” he said. “We called Arizona. It was a good call. It held up.”Ms. Scott pressed Mr. Sammon to admit that Arizona “became much closer than even you anticipated it becoming.”He pushed back. “From a statistical standpoint,” he said, “I literally never worried about the Arizona call. From a lot of other standpoints it was very painful for reasons that we’re all aware of. But statistically, I really was very confident in that call. That’s just the truth.”Ms. Scott agreed it was important to be right. “But I think we’re living in a new world in a sense, where half of the voting population doesn’t believe in big corporations, big tech, big media,” she said. “There’s a lack of trust. And when they feel like things are being done behind closed doors in rooms that they can’t understand, it exacerbates the emotion and how they feel about the process.”Tom Lowell, the managing editor for news, said Fox had been left “as the canary in this nasty coal mine,” suggesting other networks had deliberately delayed calls out of malice. “I think some outlets willfully held back calls that they probably could have made to watch us twist in the wind,” he said.An early voting venue in Arizona. Fox News was the first to call the state for Joseph R. Biden Jr. in 2020, thanks to its new multimillion-dollar election-projecting system.Adriana Zehbrauskas for The New York TimesMs. Scott asserted that CNN had delayed to hold viewer attention. “CNN historically I think has always been late because — purely for ratings,” she said. “And I think you have to ask yourself, is that a good enough reason? Trust, public trust, viewership, I mean there’s different parameters.”She added that she was merely “raising the questions” about holding back calls. “There is a philosophy around that.” (Matt Dornic, a CNN spokesman, on Saturday denied holding back calls for ratings, saying its journalists “make calls as soon as we’re confident they’re right.”)The Arizona dispute was not an abstract discussion. Georgia would soon hold runoff elections for two Senate seats that would determine control of the chamber. The question was raised about how to call those races given that Republicans seemed favored to win.“If we’re going to be first to call the Senate for G.O.P. control, that’s OK too,” Mr. Baier said, prompting awkward laughs. (The person in the meeting said Mr. Baier was joking.)What no one said at the meeting was that Ms. Scott would not let Mr. Sammon’s team risk the network’s brand again. She decided to push out Mr. Sammon and Mr. Stirewalt, but fearing criticism for firing journalists who had gotten the call right, opted to wait until after Georgia.Mr. Murdoch was not keen on waiting. On Nov. 20, four days after the Zoom meeting, according to documents filed by Dominion, he told Ms. Scott, “Maybe best to let Bill go right away,” which would “be a big message with Trump people.”Mr. Sammon, who had called every election correctly over 12 years at Fox and had just been offered a new three-year contract, was told that same day that his contract would not be renewed after all. He heard not from Fox but from his lawyer, Robert Barnett. Mr. Stirewalt was out too.Fox would, in the end, wait until after Georgia to announce the purge, without attributing it to the Arizona call. Mr. Sammon, who negotiated a severance package, would call his departure a “retirement,” while Stirewalt’s dismissal was characterized as a “restructuring.”Three weeks later, Fox announced a new multiyear contract extension for Ms. Scott. More