More stories

  • in

    Why Trump's Second Impeachment Is a Visceral Reckoning

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesKey TakeawaysReporter AnalysisWhere Senators StandHouse ManagersTrump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storynews analysisThe First Trial Seemed Abstract. This One Is a Visceral Reckoning Over Trump.At issue will be many aspects that defined Donald Trump’s presidency: his relentless assaults on truth, his fomenting of divisions, his shattering of norms and his undermining of an election.House impeachment managers watching the prosecution’s display of video from the Jan. 6 assault on the Capitol during the trial on Monday. The video made clear how different this trial will be from the one a year ago.Credit…Erin Schaff/The New York TimesFeb. 9, 2021Updated 9:23 p.m. ETThis was no phone call transcript, no dry words on a page open to interpretation. This was a horde of extremists pushing over barricades and beating police officers. This was a mob smashing windows and pounding on doors. This was a mass of marauders setting up a gallows and shouting, “Take the building!” and “Fight for Trump!”As the United States Senate opened an unprecedented second impeachment trial of former President Donald J. Trump on Tuesday amid the echoes of history, the House managers prosecuting him played powerful video images of last month’s deadly assault on the Capitol that made abundantly clear how different this proceeding will be from the first.Where the case against Mr. Trump a year ago turned on what might have seemed like an abstract or narrow argument about his behind-the-scenes interactions with a far-off country, Ukraine, the case this year turns on an eruption of violence that Americans saw on television with their own eyes — and that the senators serving as jurors experienced personally when they fled for their lives.Rather than a judgment of where foreign policy turns into political excess, this sequel trial amounts to a visceral reckoning over Mr. Trump’s very presidency. At issue in the Senate chamber over the coming days will be many of the fundamental aspects that defined Mr. Trump’s four years in power: his relentless assaults on truth, his deliberate efforts to foment divisions in society, his shattering of norms and his undermining of a democratic election.Still, this trial may end up with the same verdict as the last one. On a test vote on the constitutionality of prosecuting a president after he leaves office, 44 Republicans on Tuesday stood by Mr. Trump, a measure of his enduring sway within his party and a signal that he most likely will win the 34 votes he needs for acquittal given the two-thirds supermajority required for conviction.But if the six Republicans who voted to proceed also vote to convict him for inciting an insurrection, it will be the most senators to break from a president of their own party in any impeachment trial in American history.“I would not have thought it when I was sitting on the Senate floor trying the first impeachment — it turns out that was just the opening act,” said Norman L. Eisen, a lawyer for House Democrats during last year’s trial on Mr. Trump’s pressure on Ukraine for political help. “The second one crystallizes all the anti-democratic elements that characterized Trump’s tenure and his Ukraine high crimes but brings them to an even higher pitch.”The emotional punch of this case was evident on the Senate floor on Tuesday. Sitting in what amounted to the crime scene, the same chamber they evacuated just a month ago moments before Mr. Trump’s supporters stormed in, some of the senators watched raptly as the scenes of violence played out on the screens before them. Others turned away.The lead House manager, Representative Jamie Raskin, Democrat of Maryland, choked up as he recounted bringing his daughter and son-in-law to the Capitol that day, just a day after burying his 25-year-old son, only to have them sending farewell texts and making whispered goodbye phone calls because “they thought they were going to die.”Damage from the mob attack remained at the Capitol even as the impeachment trial got underway. Credit…Alyssa Schukar for The New York Times“Make no mistake about it, as you think about that day, things could have been much worse,” said Representative David Cicilline, Democrat of Rhode Island, another of the managers. “As one senator said, they could have killed all of us.”Mr. Trump’s defense team recognized the power of the other side’s presentation, with one of his lawyers, Bruce L. Castor Jr., admitting that the managers had done a good job in offering their case and even acknowledging that voters rejected Mr. Trump. But they complained that the House team was playing to emotions rather than law or reason, trying to rile up senators with inflammatory images and then twisting his words to unfairly blame the violence on Mr. Trump.David I. Schoen, another of the former president’s lawyers, said the videotape was “designed by experts to chill and horrify you and our fellow Americans” as if an impeachment trial “were some sort of blood sport.”“It is again for pure, raw, misguided partisanship,” Mr. Schoen added. “They do not need to show you movies to show you that the riot happened here. We will stipulate that it happened and you know all about it.”There is, of course, a certain paradox in a lawyer for a reality-show president complaining about the power of visual images. The longtime star of “The Apprentice” appreciates better than most how to tell a story on television.There was no compelling video in the Ukraine case, just recordings of people testifying to events the viewers could not watch themselves. None of the senators who rendered last year’s verdict felt physically threatened by Mr. Trump’s telephone call with Ukraine’s president seeking help smearing his Democratic opponent, Joseph R. Biden Jr.“This impeachment is a more of a made-for-television event, which is something the former president surely understands,” said Michael D’Antonio, a Trump biographer. “Where the previous one involved many narrative strands, a long span of time and very little action, this one offers a compact story with escalating tensions and a violent conclusion.”It also raises a broader indictment of Mr. Trump, one that may not seem quite so removed to everyday Americans who had little interest in Ukraine or saw Mr. Trump’s interventions there as politics as usual.When House Democrats moved to impeach Mr. Trump the first time, they debated whether to advance as many as 10 articles of impeachment charging him with all sorts of crimes, including obstructing the Russia investigation, authorizing hush money for women to cover up sexual affairs, illegally diverting money to his border wall and profiting personally from his office.Instead, they opted for the more circumscribed case involving Ukraine because they thought it was easiest to prove.Even some Republican senators agreed by the end of last year’s trial that Democrats had proved the case — they just did not deem it significant enough to merit conviction and removal from office. As a result, Mr. Trump emerged emboldened by his acquittal.This time, other than his staunchest allies, most Republican lawmakers are not defending Mr. Trump’s actions nor arguing that they were not impeachable. Instead, they have focused on process or politics, maintaining that it is unconstitutional to try a former president or a distraction from serious issues like fighting the coronavirus pandemic.But the case that will play out over the next week will put the most aberrant elements of Mr. Trump’s presidency on display. For four years, he played to the crowd, stirring anger, whipping up us-against-them conflicts and at times encouraging violence. He peddled dishonest versions of reality to suit his political needs and told supporters not to believe anyone but him. He undercut faith in democratic institutions and pushed boundaries other presidents would not have.The House’s impeachment managers heading to the Senate chamber at the start of the trial.Credit…Doug Mills/The New York TimesAll of which played out in the months that led to the election on Nov. 3 and the Capitol siege on Jan. 6 and will now be scrutinized — how he promoted flagrantly bogus fraud complaints to try to cling to power even after voters rejected him, how he pressured state and local officials to subvert election results in his favor, how he revved up supporters to march on the Capitol by telling them their country was at stake.Michael W. McConnell, a conservative former appeals court judge and author of “The President Who Would Not Be King,” said the impeachment articles in the Ukraine case were weak. The abuse of power charge “stated a plausible ground” for removal but was “not so compelling,” while the obstruction of Congress article “was not legally sound” on its face.“This time, although the articles of impeachment were badly drafted, the charges are significantly more serious, unquestionably amounting to high crimes and misdemeanors,” he said. “I suspect that is why Mr. Trump’s defenders are desperately searching for a rationale for voting not to convict that is not based on defending or excusing what he did.”Mr. Trump benefits from the tribal nature of today’s politics. Much as they may not like him, most Republican lawmakers have stuck to their side of the fence — criticizing Mr. Trump’s actions was one thing, but joining hands with Democrats in a politically charged up-or-down verdict on his presidency is another. Similarly, polls show broad condemnation of Mr. Trump’s actions but only somewhat more support for conviction this time than last time.That is why Mr. Trump’s defense team played its own videos on Tuesday showing some Democrats calling for his impeachment almost from the minute he took office, arguing that their current drive is just the latest chapter in a campaign of retribution, a point intended to rally Republicans behind him again.And so while the Trump presidency is over, the struggle over the Trump presidency is not. For the next week, it will play out in gritty, angry, ugly words and images until its destined denouement.AdvertisementContinue reading the main story More

  • in

    Lie After Lie: Listen to How Trump Built His Alternate Reality

    The 38-minute video below shows how Donald J. Trump’s persistent repetition of lies and calls to action over two months created an alternate reality that he won re-election. Mr. Trump’s words, which were echoed and amplified by the rioters who stormed the Capitol on Jan. 6, are a central focus of his second impeachment trial. […] More

  • in

    Fox News Reports Profit Gain, Despite Ratings Drop

    AdvertisementContinue reading the main storySupported byContinue reading the main storyFox News Reports Profit Gain, Despite Ratings DropThe media powerhouse remains a profit machine, but it faces challenges, including competition from newer outlets and a defamation suit against its parent company.Lachlan Murdoch, the chief executive of the Fox Corporation, said audience pullback after the election was expected.Credit…Mike Cohen for The New York TimesFeb. 9, 2021Updated 4:02 p.m. ETIf Rupert Murdoch’s Fox News is at all worried about recent ratings declines, the company hid its concern well. Mr. Murdoch’s powerhouse television business continues to see growth in revenue and profit, reporting gains on both areas in its quarterly earnings report announced Tuesday.Fox Corporation, led by Mr. Murdoch’s son Lachlan Murdoch, the chief executive, saw a 17 percent jump in pretax profit, to $305 million. It logged an 8 percent gain in sales, to $4 billion, for the three months ending in December, what the company considers its second fiscal quarter.Despite losing the ratings crown to CNN in recent weeks, Fox News is still a profit machine. The cable division saw a 1 percent gain in revenue, to $1.49 billion, and a 3 percent increase in pretax profit, to $571 million. Advertising increased 31 percent, to $441 million, but the fees paid by cable operators to carry the network fell 3 percent, to $928 million, as more people cut the cord.Lachlan Murdoch trumpeted the cable news network’s performance, downplaying the recent drop in viewership.“The Fox News Channel finished the quarter with its highest average ratings,” he said on an earnings call with analysts. “We are now seeing expected audience pullback since the election,” a phenomenon that he said was “consistent with prior election cycles.” He expects audiences to eventually return to the network.The company also announced a multiyear renewal contract for Suzanne Scott, the head of the network, dispelling any concerns that she may be replaced given its recent ratings performance.“Suzanne’s track record of success, innovative sprit and dedication to excellence make her the ideal person to continue to lead and grow Fox News,” Lachlan Murdoch said in a statement on Tuesday.The network did not disclose the exact length or financial terms of the deal.But hanging over the company’s financial future is a defamation lawsuit recently brought against Fox Corporation by a little-known technology provider. The suit, filed by Smartmatic, whose system was used in the presidential election in Los Angeles County, is seeking at least $2.7 billion in damages against Fox Corporation, Fox News and several of its prime-time stars for participating in “the conspiracy to defame and disparage Smartmatic and its election technology and software,” according to the suit.Mr. Trump and his supporters repeatedly described the election as “rigged,” and Fox News and its sister network Fox Business have given significant airtime to personalities and anchors who have sown doubt about the election results. The suit names the Fox anchors Maria Bartiromo, Lou Dobbs and Jeanine Pirro. Mr. Dobbs’s show was abruptly canceled last week, bringing his decade-long run at the company to an end.The financial penalty sought by Smartmatic appears to closely mirror the amount of profit Fox Corporation generates. For calendar year 2020, the company made about $3.1 billion in pretax earnings. Fox recently filed a motion to dismiss the suit.Fox News also faces competition from newer media outlets that tack even further to the right, such as OANN and Newsmax. Fox loyalists seemed to have turned on the network after it called the presidential election for Joseph R. Biden Jr., with some viewers flocking to competitors.When asked about the ratings declines and the impending battle for its core audience, Mr. Murdoch hesitated before answering.“In the journalism trade, you work out what your market is and produce the best product you can possibly produce,” he said. “At Fox News, the success of Fox News throughout its entire history has been to provide the absolute best news and opinion for a market that we believe is firmly center-right.”He seemed unconcerned about the rise in far-right news outlets that have seen record ratings in recent weeks.“We believe where we’re targeted to the center-right is exactly where we should be targeted,” he said. “We believe that’s where, politically, Americans are.”The company’s Fox broadcast stations helped drive much of the quarter’s growth as local networks saw record political advertising during the presidential election season. The broadcast division saw a 10 percent bump in ad dollars, to $1.8 billion.The addition of Tubi, the ad-supported free streaming service Fox acquired last year, also helped increase revenue to the TV unit. Although it is still a money-losing enterprise, Tubi is expected to double its revenue to about $300 million for the fiscal year ending in June, the company said.Michael Grynbaum contributed reporting.AdvertisementContinue reading the main story More

  • in

    Trump Impeachment Team Denies Incitement in Legal Brief

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesKey TakeawaysReporter AnalysisWhere Senators StandHouse ManagersTrump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyDenying Incitement, Trump Impeachment Team Says He Cannot Be TriedThe lengthy legal brief provided the first extended defense of former President Donald J. Trump’s conduct since the Jan. 6 assault on the Capitol. It arrived as senators locked in rules for an exceedingly fast trial.“This impeachment proceeding was never about seeking justice,” wrote Bruce L. Castor Jr., a lawyer for former President Donald J. Trump, along with the rest of his defense team.Credit…Anna Moneymaker for The New York TimesPublished More

  • in

    The Daily: A Guide to Donald Trump’s Impeachment Trial

    #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storyThe DailySubscribe:Apple PodcastsGoogle PodcastsA Guide to the (Latest) Impeachment TrialAs the Senate prepares to hear the case against Donald Trump, here’s what to expect from the prosecution and the defense.Hosted by Michael Barbaro; produced by Robert Jimison, Asthaa Chaturvedi, Luke Vander Ploeg, Alexandra Leigh Young and Sydney Harper; edited by Paige Cowett and Lisa Tobin; and engineered by Chris Wood.More episodes ofThe DailyFebruary 9, 2021  •  More

  • in

    How Biden United a Fractious Democratic Party Under One Tent

    AdvertisementContinue reading the main storySupported byContinue reading the main storyHow Biden United a Fractious Party Under One TentPresident Biden and progressive Democrats are united by a moment of national crisis and the lingering influence of his predecessor. But the moment of harmony may be fragile.Members of President Biden’s administration have sent careful signs that they are listening to liberal Democrats.Credit…Doug Mills/The New York TimesLisa Lerer and Feb. 9, 2021, 5:00 a.m. ETFor years, Bernie Sanders and Joseph R. Biden Jr. wrestled over the Democratic Party’s future in a public tug of war that spanned three elections, two administrations and one primary contest.But when Mr. Sanders walked into his first Oval Office meeting with the new president last week and saw the large portrait of Franklin D. Roosevelt opposite the Resolute Desk, the liberal luminary felt as if he were no longer battling Mr. Biden for the soul of the party.“President Biden understands that, like Roosevelt, he has entered office at a time of extraordinary crises and that he is prepared to think big and not small in order to address the many, many problems facing working families,” Mr. Sanders said in an interview. “There is an understanding that if we’re going to address the crises facing this country, we’re all in it together.”After a 15-month primary contest that highlighted deep divides within the party, Mr. Biden and his fractious Democratic coalition are largely holding together. United by a moment of national crisis and the lingering influence of his predecessor, the new president is enjoying an early honeymoon from the political vise of a progressive wing that spent months preparing to squeeze the new administration.Democrats have remained resolute about pushing through Mr. Biden’s $1.9 trillion coronavirus rescue plan over near-unanimous dissent from Republicans, and they are determined to hold former President Donald J. Trump accountable for his role in the Jan. 6 Capitol violence in the impeachment trial that starts Tuesday.Liberal standard-bearers like Mr. Sanders and Senator Elizabeth Warren of Massachusetts are holding their fire. The progressive “Squad” in the House — Representative Alexandria Ocasio-Cortez of New York and her allies — have focused their rage on the Republicans who inspired the siege of the Capitol.And activists who have built careers out of orchestrating public pressure campaigns have been disarmed by the open line to the White House they enjoy, and by the encouragement they receive from its highest levels — a signal that the administration is tending to the Democratic base in a way that wasn’t done during the Obama or Clinton years.The moment of unity could be fragile: Sharp differences remain between Mr. Biden and his left flank over issues like health care, college costs, expanding the Supreme Court and tackling income equality. A battle looms over whether to prioritize a $15 per hour minimum wage in the administration’s first piece of legislation; the debate flared anew on Monday when a report from the Congressional Budget Office said the $15 level would significantly reduce poverty but cost hundreds of thousands of jobs.Yet in the embryonic stage of the Biden administration, Democrats appear to be largely coexisting under their big tent.Even Mr. Biden’s decision to hold his first high-profile White House meeting with Republican senators, and not Democrats, didn’t faze progressives who urged him to stand firm in the face of efforts to whittle down his $1.9 trillion stimulus package.“Biden said he would reach out to Republicans,” Senator Jeff Merkley of Oregon, one of the chamber’s most progressive members, said in an interview. “He had to give it a shot.”The harmony reflects how far Mr. Biden and his party shifted to the left during the Trump administration. During the campaign, Republicans accused Mr. Biden of being a “Trojan horse” for liberal interests. But the administration hasn’t tried to smuggle in progressive proposals; it has simply rebranded them as its own.Elements of the Green New Deal, economic proposals and initiatives on racial equity and immigration are appearing in the executive orders and legislative plans the administration has issued.Even party moderates like Senator Joe Manchin III of West Virginia now believe that Democrats must adopt a more aggressive approach to passing their agenda than they used a dozen years ago, when they last held full control of the federal government and spent months negotiating with Republicans. Senator Bernie Sanders of Vermont, second from left, Mr. Biden’s liberal opponent in the Democratic primary last year, has become an influential inside player in government.Credit…Stefani Reynolds for The New York TimesLast week, by contrast, Democrats moved toward passing their expansive coronavirus relief package through reconciliation, a fast-track budgetary process that allows the party to muscle through parts of its agenda with a simple majority vote.Within the Democratic caucus, Mr. Biden’s team has avoided other pitfalls he witnessed during the Obama administration, when White House spokesmen dismissed activists as “the professional left” and banished intraparty critics from the administration’s circles of influence. Instead, Mr. Biden’s White House has welcomed many such critics to virtual meetings, and the chief of staff, Ron Klain, has encouraged progressive criticism on his Twitter feed.The New WashingtonLive UpdatesUpdated Feb. 9, 2021, 9:53 a.m. ETBiden will spend the day focused on the stimulus package and his push to increase the minimum wage to $15.Conservative media, the apparatus that fed Trump’s power, is facing a test, too.Trump’s trial is expected to be brief but may have lasting political repercussions.Melissa Byrne, a progressive activist, discovered as much when she wanted to prod Mr. Biden to focus on forgiving student loan debt. To complement her steady stream of tweets, Ms. Byrne bought full-page ads in The News Journal, a newspaper that was delivered to Mr. Biden’s Delaware house daily during the presidential transition.Ms. Byrne expected some bristling from Mr. Biden’s team over her public protests. Instead, her efforts were encouraged. Mr. Klain told her to keep up the pressure, inviting her to more Zoom meetings with the transition team.“We just kept being able to have people at the table,” she said. “That showed me that we could do cool things like sit-ins and banner drops, but we could also be warm and fuzzy.”The singular focus on the pandemic has enabled Mr. Biden to align the central promise of his campaign — a more effective government response — with the priorities of party officials in battleground states, who say that voters expect Mr. Biden to deliver a competent vaccine distribution along with direct economic relief. Already, there is widespread agreement within the party that Democrats will be judged in the 2022 midterms and the 2024 presidential contest by their handling of the twin crises.“Needles and checks — that’s got to be the focus,” said Thomas Nelson, the executive of Wisconsin’s Outagamie County. Mr. Nelson was a Sanders delegate in 2020 and is running in the 2022 election for the seat held by Senator Ron Johnson, a Republican. “People in my county, we need those checks.”Mr. Biden has also paid attention to other policy matters. He has signed about 45 executive orders, memorandums or proclamations enacting or at least initiating major shifts on issues including racial justice, immigration, climate change and transgender rights.While his inner circle is largely composed of long-serving aides, he has placed progressives in influential administrative posts. He has also avoided selecting figures reviled by the left, like former Mayor Rahm Emanuel of Chicago — who was Mr. Obama’s chief of staff in 2009 — for high-profile positions.“None of the people we were afraid of got into this cabinet,” said Larry Cohen, the chairman of Our Revolution, the political group that formed out of the 2016 Sanders campaign. “It’s fine and well for Rahm Emanuel to be an ambassador someplace.”Mr. Biden has signed about 45 executive orders, memorandums or proclamations enacting or at least initiating major policy shifts on a wide array of issues.Credit…Doug Mills/The New York TimesFor the first time in his decades in Washington, Mr. Sanders is an influential inside player in governance. He is chairman of the Senate Budget Committee and speaks frequently with administration officials including Mr. Klain. He has had a number of conversations with Mr. Biden, whom he considers a friend, and said his calls to the White House were returned “very shortly.”“He sees the progressive movement as a strong part of his coalition,” Mr. Sanders said of Mr. Biden. “He is reaching out to us and is adopting some of the ideas that we have put forth that make sense in terms of today’s crises.”There’s plenty of overlap between Mr. Biden’s agenda and his left flank and some of the praise stems from the new president’s taking steps he had already promised during his campaign, including rejoining the Paris climate accord.Republicans have complained that Mr. Biden is a moderate being led astray by liberals in Congress and the White House. But as Democratic ideology shifted during his decades in Washington, Mr. Biden always recalibrated his positions to remain at the middle of his party. After four years of the Trump administration, that center has shifted decidedly to the left.While Mr. Biden took pains to separate himself from the progressive left during the campaign — “I beat the socialist,” Mr. Biden was fond of saying after he bested Mr. Sanders — he forged a rapprochement last summer when his campaign agreed to policy task forces with members appointed by Mr. Sanders. For his part, Mr. Biden has reinterpreted his campaign promise to bring the country together into the loosest definition of the term. His aides have begun portraying it as finding broad support for their plans among voters — regardless of whether they garner the votes of any congressional Republicans.“If you pass a piece of legislation that breaks down on party lines, but it gets passed, it doesn’t mean there wasn’t unity,” Mr. Biden said recently. “It just means it wasn’t bipartisan.”Still, reconciliation is subject to strict limits, so fights over what policies should be pursued and how to overcome Republican opposition are likely to be unavoidable.Senators Elizabeth Warren and Chuck Schumer held a news conference at the Capitol last week calling for student loan forgiveness.Credit…Anna Moneymaker for The New York TimesBattle lines are already being drawn over whether to eliminate the filibuster, which would allow the party to pass measures with a simple majority. Mr. Biden and moderate Democrats remain committed to keeping the tactic, a decision liberals say could block a robust policy portfolio.“Everyone is trying to make the argument that their priority can move through reconciliation,” said Adam Jentleson, a former Senate aide who recently founded a new organization to help progressive groups push their agenda in Washington. “As people start to see that their thing is not going to get done that way, there will be more pressure.”Mr. Biden’s honeymoon may be short on other issues as well. Advocates working near the Mexican border would like to see Mr. Biden flex his executive power to stop all deportations, going further than his promised 100-day moratorium, which was blocked in court.“The feeling is really, ‘Why did we come up with all this work to come up with this plan only for you to come up with an executive order to say you’re still reviewing it?’” said Erika Pinheiro, the policy and litigation director at Al Otro Lado, a legal aid service for migrants and deportees.Not everyone is quite as impatient. Ms. Byrne, the activist, said Mr. Biden’s executive order extending a pause on federal student loan payments until September served as a sufficient first step.“As long as they keep doing good stuff, we will be happy,” Ms. Byrne said. “You give them a moment to operate in good faith, and you keep the cycle going.”AdvertisementContinue reading the main story More

  • in

    Fox Files Motion to Dismiss Smartmatic’s $2.7 Billion Lawsuit

    AdvertisementContinue reading the main storySupported byContinue reading the main storyFox Files Motion to Dismiss Smartmatic’s $2.7 Billion Defamation SuitIn a court filing, Rupert Murdoch’s media company says it had the right to broadcast the debunked claims of election fraud promoted by President Donald Trump’s legal team on Fox News and Fox Business.The Manhattan headquarters for Rupert Murdoch’s American media companies Fox Corporation, home of Fox News and Fox Business, and News Corp.Credit…Drew Angerer/Getty ImagesMichael M. Grynbaum and Feb. 8, 2021Rupert Murdoch’s Fox Corporation on Monday filed a motion to dismiss the $2.7 billion defamation lawsuit brought against it last week by the election technology company Smartmatic, which has accused Mr. Murdoch’s cable networks and three Fox anchors of spreading falsehoods that the company tried to rig the presidential race against Donald J. Trump.The lawsuit has roiled right-wing news media outlets whose star personalities repeatedly cast doubt on Joseph R. Biden Jr.’s victory in the wake of the election and raised the specter of a significant financial penalty for Fox. On Friday, the day after the lawsuit was filed, Fox canceled the nightly Fox Business program hosted by Lou Dobbs, who is named in the suit along with the Fox anchors Maria Bartiromo and Jeanine Pirro.In its 44-page response filed in New York State Supreme Court, Fox argues that the claims of electoral fraud made on its channels by Mr. Trump’s lawyers — including Rudolph W. Giuliani and Sidney Powell, who are also named in the defamation suit — were matters of significant interest to viewers and handled fairly.“This lawsuit strikes at the heart of the news media’s First Amendment mission to inform on matters of public concern,” Fox says in the motion, adding, “An attempt by a sitting president to challenge the result of an election is objectively newsworthy.”Paul D. Clement, a partner in the Washington office of the law firm Kirkland & Ellis who served as solicitor general under President George W. Bush, is leading Fox’s defense. “Smartmatic’s theory is fundamentally incompatible with the reality of the modern news network and deeply rooted principles of free speech law,” Mr. Clement said in a statement.A spokesman for Smartmatic did not immediately reply to a request for comment.“It’s a strong move on their part to try to come out and dismiss the claim,” said Timothy Zick, a professor at William & Mary Law School who specializes in First Amendment law.Mr. Zick said that Fox was making use of the concept of “neutral reportage,” arguing that it could not be sued for defamation while covering the news. “They’re arguing that shields Fox News as an organization for simply reporting on the controversy, which is a matter of public interest,” he said.A key to Fox’s defense is the argument that it cannot be held responsible for statements made on its programs by Mr. Giuliani and Ms. Powell, given their roles as Mr. Trump’s legal representatives.“The public had a right to know, and Fox had a right to cover, that the president and his allies were accusing Smartmatic (and others) of manipulating the election results, regardless of the ultimate truth or accuracy of those allegations,” the motion reads. It also asserts that Smartmatic’s suit does not identify defamatory statements by television hosts employed by Mr. Murdoch’s company.Fox also argues that Smartmatic should be considered a public figure. That argument, which is likely to be contested by the tech company, means that Smartmatic must meet a high bar to prove that it was defamed: demonstrating that the defendants knew their statements were false, or at least had serious doubts about them.Smartmatic’s 276-page lawsuit alleges that Mr. Trump’s lawyers used Fox’s platform, and its sympathetic anchors, to spin conspiracies about the company that damaged its reputation and commercial prospects. The suit has been applauded by those seeking to curb the flow of disinformation from right-wing news outlets, but it has also raised questions about the limits of speech in a changing media landscape.Fox’s argument in its motion — that it provided a forum for newsworthy interviews — may cut into the conceptual heart of Smartmatic’s case, which groups Fox, its hosts and their guests as defendants who collaborated to spread falsehoods.The defamation lawsuit cites exchanges on Fox programs that, Smartmatic said, helped spread the false claim that it was the owner of a rival election tech company, Dominion Voting System, and that it provided its services to districts in multiple contested states. In fact, Smartmatic was used in the 2020 election only by Los Angeles County.And Smartmatic offers vivid examples of Fox programming that spread bizarre falsehoods, like a claim by Ms. Powell made on Mr. Dobbs’s show that the former president of Venezuela, Hugo Chávez, had assisted the company in creating software that could covertly alter votes. (Mr. Chávez died in 2013 and had nothing to do with Smartmatic.)In other exchanges cited by Smartmatic, Fox anchors alternately expressed support and astonishment as Mr. Giuliani and Ms. Powell spun out their claims. In one case, a phrase used by Ms. Powell — “cyber Pearl Harbor” — was later invoked by Mr. Dobbs on his show and on social media.Fox’s response on Monday included a 14-page appendix under the title “Fox’s Evenhanded Coverage of Smartmatic,” documenting instances from Fox News and Fox Business that the company believes showed skepticism toward the Trump team’s claims.Among the examples are three identical, pretaped fact-checking segments that ran in mid-December on programs hosted by Ms. Bartiromo, Mr. Dobbs and Ms. Pirro and that featured Eddie Perez, an election expert who debunked a number of false claims about Smartmatic.The segments were broadcast after Smartmatic sent a letter to Fox demanding retractions and threatening legal action.AdvertisementContinue reading the main story More