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    Conservative Media Pay Little Attention to Revelations About Fox News

    Even in today’s highly partisan media world, experts said, the lack of coverage about the private comments of Fox’s top executives and hosts stands out.Fox News and its sister network, Fox Business, have avoided the story. Newsmax and One America News, Fox’s rivals on the right, have steered clear, too. So have a constellation of right-wing websites and podcasts.Over the past two weeks, legal filings containing private messages and testimony from Fox hosts and executives revealed that many of them had serious doubts that Democrats stole the 2020 presidential election through widespread voter fraud, even as those claims were made repeatedly on Fox’s shows. The revelations, made public in a defamation lawsuit against Fox brought by Dominion Voting Systems, have generated headlines around the world.But in the conservative media world? Mostly crickets.On 26 of the most popular conservative television news networks, radio shows, podcasts and websites, only four — The National Review, Townhall, The Federalist and Breitbart News — have mentioned the private messages from Fox News hosts that disparaged election fraud claims since Feb. 16, when the first batch of court filings were released publicly, according to a review by The New York Times.The majority — 18 in all, including Fox News itself — did not cover the lawsuit at all with their own staff. (Some of those 18 published wire stories originally written by The Associated Press or other services.)Four outlets mentioned the lawsuit in some way, but did not mention the comments from Fox News hosts. One of those, The Gateway Pundit, published three articles that included additional unfounded allegations about Dominion, including a suggestion that security vulnerabilities at one election site using Dominion machines could have led to some fraud, despite no evidence that votes were mismanaged.“These results are shocking,” one article asserted.The Gateway Pundit did not respond to requests for comment.Even in a media world often divided along partisan lines, the paucity of coverage stands out, media experts said. And it means that many of the people who heard the conspiracy theories about election fraud on Fox’s networks may not be learning that Fox’s leaders and on-air stars privately dismissed those claims.The Spread of Misinformation and FalsehoodsCutting Back: Job cuts in the social media industry reflect a trend that threatens to undo many of the safeguards that platforms have put in place to ban or tamp down on disinformation.A Key Case: The outcome of a federal court battle could help decide whether the First Amendment is a barrier to virtually any government efforts to stifle disinformation.A Top Misinformation Spreader: A large study found that Steve Bannon’s “War Room” podcast had more falsehoods and unsubstantiated claims than other political talk shows.Artificial Intelligence: For the first time, A.I.-generated personas were detected in a state-aligned disinformation campaign, opening a new chapter in online manipulation.“Choosing not to do stories is a form of bias,” said Tom Rosenstiel, a veteran press critic and a journalism professor at the University of Maryland. “The things you ignore and the things you choose to highlight are an important part of how you show whether you are a serious news organization.”Mainstream news organizations often report on themselves when they are at the center of a scandal, Mr. Rosenstiel said, because they get “much more credit when they expose the lens on themselves as aggressively as they would anyone else.”Who Is Covering Dominion’s Lawsuit?A review of 26 conservative news and opinion sources showed little coverage of Dominion Voting Systems’ defamation lawsuit against Fox News. More

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    Christina Bobb, a Trump Lawyer, Is Under Justice Dept. Scrutiny

    Christina Bobb is a former Marine and a fervent believer that the 2020 election was stolen from Donald J. Trump. She went to work for him and quickly found herself enmeshed in an obstruction investigation.WASHINGTON — This spring, one of the lawyers representing former President Donald J. Trump made an urgent, high-stakes request to Christina G. Bobb, who had just jumped from a Trump-allied cable network to a job in his political organization.The former president was in the midst of an escalating clash with the Justice Department about documents he had taken with him from the White House at the end of his term. The lawyer, M. Evan Corcoran, met Ms. Bobb at the president’s residence and private club in Florida and asked her to sign a statement for the department that the Trump legal team had conducted a “diligent search” of Mar-a-Lago and found only a few files that had not been returned to the government.Ms. Bobb, a 39-year-old lawyer juggling amorphous roles in her new job, was being asked to take a step that neither Mr. Trump nor other members of the legal team were willing to take — so she looked before leaping.“Wait a minute — I don’t know you,” Ms. Bobb replied to Mr. Corcoran’s request, according to a person to whom she later recounted the episode. She later complained that she did not have a full grasp of what was going on around her when she signed the document, according to two people who have heard her account.Ms. Bobb, who relentlessly promoted falsehoods about the 2020 election as an on-air host for the far-right One America News Network, eventually signed her name. But she insisted on adding a written caveat before giving it to a senior Justice Department official on June 3: “The above statements are true and correct to the best of my knowledge.”Her sworn statement, hedged or not, was shown to be flatly false after the F.B.I.’s search of Mar-a-Lago on Aug. 8, which recovered about 100 additional highly sensitive government documents, including some marked with the highest levels of classification. And prosecutors are now investigating whether her actions constitute obstruction of justice or if she committed other crimes.On Friday, Ms. Bobb sat for a voluntary interview with Justice Department lawyers in Washington, according to three people familiar with the situation. She told them that another Trump lawyer, Boris Epshteyn, contacted her the night before she signed the attestation and connected her with Mr. Corcoran. Ms. Bobb, who was living in Florida, was told that she needed to go to Mar-a-Lago the next day to deal with an unspecified legal matter for Mr. Trump.In her meeting with the department — a development reported by NBC News on Monday — Ms. Bobb, who was accompanied by her criminal defense lawyer, John Lauro, emphasized that she was working as part of a team rather than as a solo actor when she signed the statement attesting to the return of all the documents, the people said.Mr. Corcoran, she told the Justice Department, had walked her through how he had conducted a search of a storage facility at Mar-a-Lago for the documents. She said she had believed at the time she signed the attestation in June that it was accurate, according to a person with knowledge of the situation.Ms. Bobb has made clear that she is not taking an adversarial position toward Mr. Trump in answering the Justice Department’s questions. She told investigators that before she signed the attestation, she heard Mr. Trump tell Mr. Corcoran that they should cooperate with the Justice Department and give prosecutors what they wanted — an assurance that would come to ring hollow as the investigation proceeded and became a bitter court fight.The Justice Department declined to comment. Ms. Bobb, Mr. Corcoran and a spokesman for Mr. Trump did not respond to requests for comment. A lawyer for Mr. Epshteyn did not respond to an email seeking comment.Ms. Bobb has been a fervent promoter of baseless claims that the 2020 election was stolen from Mr. Trump.Josh Ritchie for The New York TimesMs. Bobb’s trajectory is a familiar one in Mr. Trump’s orbit: a marginal player thrust by ambition and happenstance into a position where her profile and prospects are elevated, but at the cost of serious legal and reputational risk.But she stands out for a varied background — she is a former Marine who served in Afghanistan and a failed political candidate who jettisoned a conventional career to become a far-right cable news host — and for the tensile strength of her baseless conviction that the 2020 election was stolen from Mr. Trump.More on the Trump Documents InquirySupreme Court Request: The Justice Department urged the justices to reject a request from former President Donald J. Trump asking the court to intervene in the litigation over documents seized from his Florida estate.Documents Still Missing?: A top Justice Department official told Mr. Trump’s lawyers in recent weeks that the agency believed he had not returned all the records he took when he left the White House, according to two people briefed on the matter.Deflecting Demands: Mr. Trump spent a year and a half deflecting, delaying and sometimes leading aides to dissemble when it came to demands from the National Archives and the Justice Department to return the material he had taken, interviews and documents show.Dueling Judges: The moves and countermoves by a federal judge and the special master she appointed reflect a larger struggle over who should control the rules of the review of the documents seized from Mar-a-Lago.In the past two years, Ms. Bobb has emerged as one of his truest of true believers, embracing conspiracy theories with a fervor that has at times seemed over the top even to her colleagues, according to interviews with a dozen people who have worked with her over the past several years.Ms. Bobb has not been shy about expressing her opinions on conservative news outlets, speaking expansively about the court-authorized F.B.I. search and her low opinion of those who executed it.“I don’t believe that there was any classified material in there, though I’m sure the F.B.I. will say that there is,” she said in an interview with the conservative activist Dinesh D’Souza two days after the warrant was executed.Another conservative activist, Mike Farris, asked if she was concerned by the Justice Department’s aggressive approach.“I’m not too worried about it,” she replied. “They are all a bunch of cowards; they don’t have anything.”Ms. Bobb was present in the pro-Trump “command center” at the Willard Hotel in Washington before the Capitol attack, along with Rudolph W. Giuliani and other Trump stalwarts.She acted as Mr. Giuliani’s go-between with state officials in Arizona and helped fund-raise for a recount in Maricopa County that Republican leaders called a “sham.” She drafted a memo and participated in meetings to discuss a plan to appoint alternate slates of electors to reverse legitimate state election results. And Ms. Bobb created the computer file used to draft a proposal, never carried out, for Mr. Trump to issue an executive order for the federal government to seize voting machines..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-ok2gjs{font-size:17px;font-weight:300;line-height:25px;}.css-ok2gjs 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.Dominion Voting Systems is suing Ms. Bobb and OAN for promoting unsubstantiated claims that the company was part of a vote-switching scheme to favor Joseph R. Biden Jr. The House committee investigating the Capitol riot subpoenaed Ms. Bobb in March to testify about her “attempts to disrupt or delay” certification of the election and her reported involvement in drafting the executive order.She complied, but provided no proof when pressed on her claims about the election, according to a congressional aide with knowledge of her testimony.Ms. Bobb blurred the lines between covering Mr. Trump and working for him:She offered a dour after-action report of the failed attempt to appoint alternate electors to overturn the election in a previously undisclosed memo she sent to Mr. Trump on March 29, 2021, while working for OAN. The memo, obtained from a person to whom it was later forwarded, was marked “ATTORNEY CLIENT PRIVILEGE” even though she was not on Mr. Trump’s legal team at the time.“If three states changed their electors, the result of the election would have flipped,” Ms. Bobb wrote, adding a caveat at the end: It was “unclear” whether the Supreme Court would have supported the elector scheme.It is not known if Mr. Trump read it. He seems to have a mixed opinion of Ms. Bobb’s on-air work, however, grousing that she was too flattering to him in several OAN interviews, according to two people with knowledge of the situation.After leaving the Department of Homeland Security, Ms. Bobb became a host on the far-right One America News Network.Gabby Jones/BloombergMs. Bobb, a standout soccer and volleyball player during her high school years in the Phoenix area, graduated with a joint business and law degree from San Diego State University and California Western School of Law in 2008.She joined the Marine Corps, going through officer candidate school and completing a grueling basic training course in May 2010 as one of 16 women in a class of 280. She served in the Judge Advocate General’s office, representing Marines in disciplinary hearings, and was assigned for a time in Helmand Province, Afghanistan, as an operational law attorney consulting combat commanders on the legality of military operations.Those experiences, Ms. Bobb has suggested, were front of mind as she stood in the sweltering Mar-a-Lago parking lot angrily observing F.B.I. agents carrying out the search warrant. “Every service member can tell you that you have an affirmative obligation to disregard an unlawful order,” she told Mr. Farris in August.Ms. Bobb left the Marines after two years to work for a law firm in San Diego, where she served as a junior lawyer in three trademark infringement cases brought by CrossFit against local gym operators, according to court records.Ms. Bobb, second from right, during a meeting about a ballot review at the Arizona Senate in Phoenix in July 2021. In the postelection period, she blurred the lines between her work for One America News and her advocacy of Mr. Trump.Joseph Cooke/The Republic / USA TODAY NETWORKAround that time, she made her first foray into politics, running as an independent for a House seat in a predominantly Democratic district in San Diego. She kept a defiantly low profile, criticizing politicians who craved the “limelight,” maintaining a bare-bones website and raising no money.“I understand that it might not work, but it might,” she told a reporter covering the race in 2014.It did not. Ms. Bobb finished last in a field of eight, with 929 votes. She did not challenge the result.A few years later, she moved to Washington; in mid-2019, she was selected for an administrative job at the Department of Homeland Security — executive secretary. She served as a conduit for external correspondence, and her name was often attached to important memos, largely drafted by others, such as a list of locations where Mr. Trump’s border wall was to be built.The job also entailed another responsibility: ensuring compliance with federal records laws.Colleagues remember Ms. Bobb as hardworking and professional, with a bearing more military than political (she retained the habit of referring to superiors as “sir” and “ma’am”). But it soon became clear that the department’s leadership, while satisfied with her work, was not wowed with it and had no intention of promoting her, two former co-workers said.In late 2019, she requested a position in the policy unit of Customs and Border Protection but left after only a few months, they said.At that point, Ms. Bobb made an abrupt career shift, applying for a job with the San Diego-based OAN, where her connection to homeland security seemed to have been a selling point.The network’s conservative owners viewed immigration as their top priority and wanted to bolster their coverage. Ms. Bobb’s first on-air interview was with her former boss Chad Wolf, the acting homeland security secretary.It was after Election Day 2020 that she seemed to find her calling, airing multiple reports of unproven electoral fraud, culminating in a lengthy February 2021 segment, “Arizona Election Heist,” which promoted debunked and dubious claims about her home state.After the election, Ms. Bobb was also a fixture at meetings where Trump hard-liners like John Eastman and Sidney Powell discussed plans to reverse the results — which initially raised questions about whether she was embedded for reporting purposes or committed to the cause. Participants quickly concluded it was the latter, according to one of them.By December, she was back-channeling requests from Mr. Giuliani to Republican state officials in Arizona, pressuring them to authorize a recount of the Maricopa voting, despite a statewide canvass that confirmed Mr. Biden’s 10,000-vote margin of victory.“Mayor Giuliani asked me to send you these declarations,” Ms. Bobb wrote to one leader, accompanied by affidavits, according to an email obtained by American Oversight, a left-leaning watchdog group.By March 2022, Ms. Bobb decided to leave OAN and relocated to Florida to be closer to Mr. Trump and some of the senior leadership of the Trump-affiliated Save America PAC, taking a staff job that paid $144,600 a year, according to federal campaign finance records.While she has been a fixture on the airwaves and social media, Ms. Bobb requested that her name be redacted from the signed attestation about the documents when it was unsealed in late August, according to a person with knowledge of the situation.It leaked anyway.Susan C. Beachy More

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    Newsmax Renews Deal to Be Carried by Verizon’s Fios

    Newsmax, a news network that amplified the falsehood that the 2020 presidential election had been rigged against Donald J. Trump, reached a deal to continue to be distributed by Verizon’s Fios network just days after the telecom company said it was dropping another right-wing broadcaster.A spokeswoman for Verizon confirmed the renewal, which Newsmax described as a “multiyear” deal in a statement posted to its website on Wednesday.The deal comes shortly after Verizon said it was no longer going to carry One America News after this week. Both networks are known for their loyalty to Mr. Trump, the former president, and for serving as platforms for his debunked claims of rampant voter fraud in the 2020 election.Along with the much larger Fox News, they face defamation lawsuits over some of those claims. Dominion Voting Systems, the election technology company that became a target of pro-Trump conspiracy theories after the 2020 election, is seeking $1.6 billion from each network.Last year, facing a lawsuit from a Dominion employee, Newsmax issued a formal apology for spreading allegations that the worker had rigged voting machines against Mr. Trump. In a statement at the time, Newsmax acknowledged that it had “no evidence” for the claims.But the network has also argued with the merits of Dominion’s case, saying it was reporting on allegations made by Trump supporters.“Dominion is claiming because we had Trump and his supporters on air that we defamed them,” Bill Daddi, a representative for the company, wrote in an email on Thursday.Verizon said its decision to drop OAN was the result of their inability to agree on the terms of a new distribution deal. Verizon’s Fios service will stop carrying OAN starting on Saturday. More

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    First Amendment Scholars Want to See the Media Lose These Cases

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

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

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

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    Dominion Accuses Newsmax and One America News of Defamation in Suit

    Dominion Voting Systems, an election technology company that became a target of a baseless pro-Trump conspiracy theory about rigged voting machines, sued the right-wing television networks Newsmax and One America News on Tuesday, accusing them of defamation.Dominion, which also sued Fox News this year, argued in the filings that both channels served as platforms for flagrant falsehoods that devastated its reputation.“The defendants named show no remorse, nor any sign they intend to stop spreading disinformation,” Dominion’s chief executive, John Poulos, said in a statement. “We have no choice but to seek to hold those responsible to account.”Dominion is seeking $1.6 billion in damages from each network. The company also sued Patrick Byrne, the former chief executive of Overstock.com, who has publicly accused Dominion of rigging votes to ensure that President Donald J. Trump would not be re-elected. Mr. Byrne also falsely portrayed Dominion as linked to Hugo Chávez, the long-dead Venezuelan president.Dominion had previously sued Mr. Trump’s lawyers Rudolph Giuliani and Sidney Powell for defamation, along with Mike Lindell, the chief executive of MyPillow and another Trump partisan who has relentlessly spread conspiracy theories about the 2020 election. Fox News has filed a motion to dismiss the Dominion suit.Newsmax, which is owned by Christopher Ruddy, a Trump confidant, responded in a statement on Tuesday: “Newsmax simply reported on allegations made by well-known public figures, including the president, his advisers and members of Congress. Dominion’s action today is a clear attempt to squelch such reporting and undermine a free press.”Representatives for One America News did not immediately respond to a request for comment. More

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    Arizona Vote Review Being Financed by Trump Supporters

    A review of 2020 election ballots cast in Arizona’s largest county, billed as strictly nonpartisan when Republicans in the Arizona State Senate ordered it late last year, has been financed almost entirely by supporters of former President Donald J. Trump, according to a statement released late Wednesday by the private firm overseeing the review.The firm, Cyber Ninjas, said that it had collected more than $5.7 million from five pro-Trump organizations for the widely disparaged review, in addition to $150,000 that the State Senate had allotted for the project. An Arizona county court had ordered the sources of the audit’s funding released after Republicans in the Senate resisted making them public.The review of 2.1 million ballots in Maricopa County, home to Phoenix and roughly 80 percent of the state’s population, has covered only votes last November for president and for the state’s two seats in the United States Senate, all of which were won by Democrats. The president of the State Senate, Karen Fann, said this week that results of the audit should be released next month.Ms. Fann and other senators said the recount, whose findings have no authority to change the winners of any race, was needed to reassure supporters of Mr. Trump that the vote was fairly conducted. But the effort has come under growing attack in the wake of disclosures that the chief executive of Cyber Ninjas and other purported experts involved in the review had ties to the “stop the steal” movement spawned by Mr. Trump’s baseless claims of election fraud.Election experts have called the recount amateurish and error-ridden, and ridiculed its efforts to verify allegations by conspiracy theorists that fake ballots could be identified by traces of bamboo fibers or invisible watermarks. One Republican senator withdrew his backing of the effort in May, calling it an embarrassment, and a second senator accused Ms. Fann last week of mismanaging the process, and said its results could not be trusted.It had been apparent since the review began in April that supporters of Mr. Trump were both donating money to the effort and recruiting volunteers to work on it. But the sources and size of the donations had not been disclosed until Wednesday.According to the Cyber Ninjas statement, the largest donation, $3.25 million, was made by a newly created group, America Project, led by Patrick M. Byrne, the former chief executive of the Overstock.com website and a prominent proponent of false claims that the November election was rigged.Mr. Byrne resigned his post at Overstock in 2019 after it was disclosed that he had an intimate relationship with Maria Butina, a gun-rights activist who was jailed in 2018 as an unregistered foreign agent for Russia and later deported. He later said he had contributed $500,000 to the Arizona review, and produced a film featuring the Cyber Ninjas chief executive, Doug Logan, that alleged that the November election was fraudulent.The statement said that another pro-Trump group, America’s Future, contributed $976,514 to the review. An additional $605,000 came from Voices and Votes, a group organized by Christina Bobb, an anchor for the pro-Trump television network One America News, who solicited donations for the review while covering it. More

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    One America News Network Stays True to Trump

    A recent OAN segment said there were “serious doubts about who’s actually president,” and another blamed “anti-Trump extremists” for the Capitol attack.Months after the inauguration of President Biden, One America News Network, a right-wing cable news channel available in some 35 million households, has continued to broadcast segments questioning the validity of the 2020 presidential election.“There’s still serious doubts about who’s actually president,” the OAN correspondent Pearson Sharp said in a March 28 report.That segment was one in a spate of similar reports from a channel that has become a kind of Trump TV for the post-Trump age, an outlet whose reporting has aligned with the former president’s grievances at a time when he is barred from major social media platforms.Some of OAN’s coverage has not had the full support of the staff. In interviews with 18 current and former OAN newsroom employees, 16 said the channel had broadcast reports that they considered misleading, inaccurate or untrue.To go by much of OAN’s reporting, it is almost as if a transfer of power had never taken place. The channel did not broadcast live coverage of Mr. Biden’s swearing-in ceremony and Inaugural Address. Into April, news articles on the OAN website consistently referred to Donald J. Trump as “President Trump” and to President Biden as just “Joe Biden” or “Biden.” That practice is not followed by other news organizations, including the OAN competitor Newsmax, a conservative cable channel and news site.OAN has also promoted the debunked theory that the rioters who stormed the Capitol on Jan. 6 were left-wing agitators. Toward the end of a March 4 news segment that described the attack as the work of “antifa” and “anti-Trump extremists” — and referred to the president as “Beijing Biden” — Mr. Sharp said, “History will show it was the Democrats, and not the Republicans, who called for this violence.” Investigations have found no evidence that people who identify with antifa, a loose collective of antifascist activists, were involved in the Capitol riot.Charles Herring, the president of Herring Networks, the company that owns OAN, defended the reports casting doubt on the election. “Based on our investigations, voter irregularities clearly took place in the November 2020 election,” he said. “The real question is to what extent.”Herring Networks was founded by Mr. Herring’s father, the tech entrepreneur Robert Herring, who at age 79 runs OAN with Charles and another son, Robert Jr. About 150 employees work for the channel at its headquarters in San Diego.Robert Herring, left, runs OAN with his sons, Charles, right, and Robert Jr. Nick Wass/Invision for BFI-Good News Source One AmericaNielsen does not report viewership statistics for OAN, which is not a Nielsen client. (Charles Herring cited Nielsen’s “heavy fees.”) In a survey last month, Pew Research reported that 7 percent of Americans, including 14 percent of Republicans, had gotten political news from OAN. By contrast, 43 percent of Americans and 62 percent of Republicans had gotten political news from Fox News, the survey found.While OAN appeals to a relatively small audience, its coverage reflects views commonly held by Republicans. In a Reuters/Ipsos poll last month, about half of Republicans said they believed that the Jan. 6 attack, which left five dead, was largely a nonviolent protest or was the handiwork of left-wing activists. Six in 10 of Republicans surveyed said they also believed Mr. Trump’s claim that the election was “stolen.”OAN, which started in 2013, gained attention when it broadcast Mr. Trump’s campaign speeches in full before the 2016 election. In recent months, it has courted viewers who may have felt abandoned by Fox News, which on election night was the first news outlet to project Mr. Biden as the winner of Arizona, a key swing state. In a mid-November promotional ad, OAN accused Fox News of joining “the mainstream media in censoring factual reporting.”OAN’s stories “appeal to people who want to believe that the election was not legitimate,” said Stephanie L. Edgerly, an associate professor at Northwestern University’s Medill School of Journalism. “These are two mutually reinforcing narratives of people who want to believe it and continue to get that fire stoked by OAN.”An OAN workspace outside the White House last year. The channel routinely referred to Donald J. Trump as “President Trump” into April.Yuri Gripas/Abaca, via Sipa USAMarty Golingan, a producer at the channel since 2016, said OAN had changed in recent years. At the start of his employment, he said, it concentrated more on neutral coverage based on reports from The Associated Press or Reuters. He saw it as a scrappy upstart where he could produce cheeky feature stories, he said.During the Trump presidency, it moved right, Mr. Golingan said. And when he was watching coverage of the pro-Trump mob breaking into the Capitol, he said, he worried that his work might have helped inspire the attack.He added that he and others at OAN disagreed with much of the channel’s coverage. “The majority of people did not believe the voter fraud claims being run on the air,” Mr. Golingan said in an interview, referring to his colleagues.He recalled seeing a photo of someone in the Capitol mob holding a flag emblazoned with the OAN logo. “I was like, OK, that’s not good,” Mr. Golingan said. “That’s what happens when people listen to us.”Charles Herring defended OAN’s coverage. “A review process with multiple checks is in place to ensure that news reporting meets the company’s journalist standards,” he said. “And, yes, we’ve had our fair share of mistakes, but we do our best to keep them to a minimum and learn from our missteps.”Mr. Golingan added that, since Inauguration Day, OAN’s news director, Lindsay Oakley, had reprimanded him for referring to Mr. Biden as “President Biden” in news copy. Ms. Oakley did not reply to requests for comment.“OAN’s staff White House reporters use the term President Biden and then may use Mr. Biden,” Charles Herring said. “The term Biden or Biden administration may also be used.” He declined to reply to a question on the channel’s use of “President Trump” for Mr. Trump.Allysia Britton, a news producer, said she was one of more than a dozen employees who had left OAN in the wake of the Capitol riot. She criticized some of what the channel had reported, saying it was not up to journalistic standards.“Many people have raised concerns,” Ms. Britton said in an interview. “And the thing is, when people speak up about anything, you will get in trouble.”Charles Herring confirmed that about a dozen OAN workers had left in recent months, saying many of them were not high-level employees.The OAN correspondent Chanel Rion at a White House briefing last year. Alex Brandon/Associated PressAssignments that the elder Mr. Herring takes a special interest in are known among OAN staff as “H stories,” several current and former employees said. The day after Trump supporters stormed the Capitol, Mr. Herring instructed OAN employees in an email, which The New York Times reviewed, to “report all the things Antifa did yesterday.”Some “H stories” are reported by Kristian Rouz, an OAN correspondent who had written for Sputnik, a site backed by the Russian government. In a report in May on the pandemic, Mr. Rouz said Covid-19 might have started as a “globalist conspiracy to establish sweeping population control,” one that had ties to Bill and Hillary Clinton, the billionaires George Soros and Bill Gates, and “the deep state.”Ms. Britton, the former OAN producer, recalled checking a website that Mr. Rouz had cited to back some of his reporting. “It literally took me to this chat room where it’s just conservatives commenting toward each other,” she said.In an email to staff last month, Ms. Oakley, the news director, warned producers against ignoring or playing down Mr. Rouz’s work. “His stories should be considered ‘H stories’ and treated as such,” she wrote in the email, which The Times reviewed. “These stories are often slugged and copy-edited by ME as per Mr. H’s instructions.”OAN’s online audience is significant, with nearly 1.5 million subscribers to its YouTube channel. One of its most popular videos, with about 1.5 million views since it went online Nov. 24, criticized Dominion Voting Systems, the election technology company whose equipment was used in more than two dozen states last year, including several won by Mr. Trump. Hosted by the OAN White House correspondent, Chanel Rion, the video shows a man who said he had infiltrated Dominion and heard company executives say they would “make sure” Mr. Trump lost.Dominion has sued Fox News and two of Mr. Trump’s lawyers, Rudolph W. Giuliani and Sidney Powell, accusing them of making or promoting defamatory claims. A lawyer for Dominion, who did not reply to requests for comment, has said the company is considering further legal action.Mr. Golingan, the producer, said some OAN employees had hoped Dominion would sue the channel. “A lot of people said, ‘This is insane, and maybe if they sue us, we’ll stop putting stories like this out,’” he said.Weeks after Dominion filed its first defamation suits, OAN broadcast a two-hour video in which the chief executive of MyPillow, Mike Lindell, made his case that widespread voter fraud had occurred. YouTube removed the video the day it was posted, saying it violated the platform’s election integrity policy. Last month, an OAN report described Dominion’s “voting machines” as “notorious.”Two of the current and former employees interviewed for this article — Dan Ball, a talk-show host, and Neil W. McCabe, a former reporter — described OAN’s coverage as unbiased. Mr. McCabe, who now writes for The Tennessee Star, said the network gave a “voice to people that are just not covered.”Susan Beachy contributed research. More