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      Fox and Dominion Urge Judge to Rule on Case

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      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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      Trial of 2016 Twitter Troll to Test Limits of Online Speech

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      Douglass Mackey tried to trick Black people into thinking they could vote by text in the Clinton-Trump presidential election, prosecutors said.The images appeared on Twitter in late 2016 just as the presidential campaign was entering its final stretch. Some featured the message “vote for Hillary” and the phrases “avoid the line” and “vote from home.”Aimed at Democratic voters, and sometimes singling out Black people, the messages were actually intended to help Donald J. Trump, not Hillary Clinton. The goal, federal prosecutors said, was to suppress votes for Ms. Clinton by persuading her supporters to falsely believe they could cast presidential ballots by text message.The misinformation campaign was carried out by a group of conspirators, prosecutors said, including a man in his 20s who called himself Ricky Vaughn. On Monday he will go on trial in Federal District Court in Brooklyn under his real name, Douglass Mackey, after being charged with conspiring to spread misinformation designed to deprive others of their right to vote.“The defendant exploited a social media platform to infringe one of the most basic and sacred rights guaranteed by the Constitution,” Nicholas L. McQuaid, acting assistant attorney general for the Justice Department’s Criminal Division, said in 2021 when charges against Mr. Mackey were announced. Prosecutors have said that Mr. Mackey, who went to Middlebury College in Vermont and said he lived on the Upper East Side of Manhattan, used hashtags and memes as part of his deception and outlined his strategies publicly on Twitter and with co-conspirators in private Twitter group chats.“Obviously we can win Pennsylvania,” Mr. Mackey said on Twitter, using one of his pseudonymous accounts less than a week before the election, according to a complaint and affidavit. “The key is to drive up turnout with non-college whites, and limit black turnout.”That tweet, court papers said, came a day after Mr. Mackey tweeted an image showing a Black woman in front of a sign supporting Ms. Clinton. That tweet told viewers they could vote for Ms. Clinton by text message.Prosecutors said nearly 5,000 people texted the number shown in the deceptive images, adding that the images stated they had been paid for by the Clinton campaign and had been viewed by people in the New York City area.Mr. Mackey’s trial is expected to provide a window into a small part of what the authorities have described as broad efforts to sway the 2016 election through lies and disinformation. While some of those attempts were orchestrated by Russian security services, others were said to have emanated from American internet trolls.People whose names may surface during the trial or who are expected to testify include a man who tweeted about Jews and Black people and was then disinvited from the DeploraBall, a far-right event in Washington, D.C., the night before Mr. Trump’s inauguration; a failed congressional candidate from Wisconsin; and an obscure federal cooperator who will be allowed to testify under a code name.As the trial has approached, people sympathetic to Mr. Mackey have cast his case as part of a political and cultural war, a depiction driven in part by precisely the sort of partisan social media-fueled effort that he is accused of engineering.Mr. Mackey’s fans have portrayed him as a harmless prankster who is being treated unfairly by the state for engaging in a form of free expression. That notion, perhaps predictably, has proliferated on Twitter, advanced by people using some of the same tools that prosecutors said Mr. Mackey used to disseminate lies. Mackey supporters have referred to him on social media as a “meme martyr” and spread a meme showing him wearing a red MAGA hat and accompanied by the hashtag “#FreeRicky.”Some tweets about Mr. Mackey from prominent figures have included apocalyptic-sounding language. The Fox personality Tucker Carlson posted a video of himself on Twitter calling the trial “the single greatest assault on free speech and human rights in this country’s modern history.”Joe Lonsdale, a founder of Palantir Technologies, retweeted an assertion that Mr. Mackey was being “persecuted by the Biden DOJ for posting memes” and added: “This sounds concerning.” Elon Musk, the billionaire owner of Twitter, replied with a one word affirmation: “Yeah.”Mr. Mackey is accused of participating in private direct message groups on Twitter called “Fed Free Hatechat,” “War Room” and “Infowars Madman” to discuss how to influence the election.Prosecutors said people in those groups discussed sharing memes suggesting that celebrities were supporting Mr. Trump and that Ms. Clinton would start wars and draft women to fight them.One exchange in the Madman group centered on an image that falsely told opponents of Brexit that they could vote “remain” in that British referendum through Facebook or Twitter, according to investigators. One participant in the group asked whether they could make something similar for Ms. Clinton, investigators wrote, adding that another replied: “Typical that all the dopey minorities fell for it.”Last summer, defense lawyers asked that Mr. Mackey’s case be dismissed, referring to Twitter as a “no-holds-barred-free-for-all” and saying “the allegedly deceptive memes” had been protected by the First Amendment as satirical speech.They wrote to the court that it was “highly unlikely” that the memes had fooled any voters and added that any harm was in any event “far outweighed by the chilling of the marketplace of ideas where consumers can assess the value of political expression as provocation, satire, commentary, or otherwise.”Prosecutors say that Mr. Mackey focused on “intentional spreading of false information calculated to mislead and misinform voters about how, where and when to cast a vote in a federal election.”Karsten Moran for The New York TimesProsecutors countered that illegal conduct is not protected by the First Amendment merely because it is carried out by language and added that the charge against Mr. Mackey was not based on his political viewpoint or advocacy. Rather, they wrote, it was focused on “intentional spreading of false information calculated to mislead and misinform voters about how, where and when to cast a vote in a federal election.”Judge Nicholas G. Garaufis ruled that the case should continue, saying it was “about conspiracy and injury, not speech” and adding that Mr. Mackey’s contention that his speech was protected as satire was “a question of fact reserved for the jury.”The prosecution’s star witness is likely to be a man known as Microchip, a shadowy online figure who spread misinformation about the 2016 election, according to two people familiar with the matter who spoke on condition of anonymity.Microchip was a prominent player in alt-right Twitter around the time of the election, and Judge Garaufis allowed him to testify under his online handle in part because prosecutors say he is helping the F.B.I. with several other covert investigations. Sunday, the case was reassigned to U.S. District Judge Ann M. Donnelly.In court papers filed last month, prosecutors said they intended to ask the witness to explain to the jury how Mr. Mackey and his allies used Twitter direct messaging groups to come up with “deceptive images discussing the time, place, and manner of voting.”One of the people whom Microchip might mention from the stand is Anthime Gionet, better known by his Twitter name, Baked Alaska; he attended the violent “Unite the Right” rally in Charlottesville, Va., in August 2017. He was barred from the DeploraBall after sending a tweet that included stereotypes about Jews and Black people.In January, Mr. Gionet was sentenced to two months in prison for his role in storming the Capitol on Jan. 6, 2021. More

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      YouTube Restores Donald Trump’s Account Privileges

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      The Google-owned video platform became the latest of the big social networks to reverse the former president’s account restrictions.YouTube suspended former President Donald J. Trump’s account on the platform six days after the Jan. 6 attack on the Capitol. The video platform said it was concerned that Mr. Trump’s lies about the 2020 election could lead to more real-world violence.YouTube, which is owned by Google, reversed that decision on Friday, permitting Mr. Trump to once again upload videos to the popular site. The move came after similar decisions by Twitter and Meta, which owns Facebook and Instagram.“We carefully evaluated the continued risk of real-world violence, while balancing the chance for voters to hear equally from major national candidates in the run up to an election,” YouTube said on Twitter on Friday. Mr. Trump’s account will have to comply with the site’s content rules like any other account, YouTube added.After false claims that the 2020 presidential election was stolen circulated online and helped stoke the Jan. 6 attack, social media giants suspended Mr. Trump’s account privileges. Two years later, the platforms have started to soften their content rules. Under Elon Musk’s ownership, Twitter has unwound many of its content moderation efforts. YouTube recently laid off members of its trust and safety team, leaving one person in charge of setting political misinformation policies.Mr. Trump announced in November that he was seeking a second term as president, setting off deliberations at social media companies over whether to allow him back on their platforms. Days later, Mr. Musk polled Twitter users on whether he should reinstate Mr. Trump, and 52 percent of respondents said yes. Like YouTube, Meta said in January that it was important that people hear what political candidates are saying ahead of an election.The former president’s reinstatement is one of the first significant content decisions that YouTube has taken under its new chief executive, Neal Mohan, who got the top job last month. YouTube also recently loosened its profanity rules so that creators who used swear words at the start of a video could still make money from the content.YouTube’s announcement on Friday echoes a pattern of the company and its parent Google making polarizing content decisions after a competitor has already taken the same action. YouTube followed Meta and Twitter in suspending Mr. Trump after the Capitol attack, and in reversing the bans.Since losing his bid for re-election in 2020, Mr. Trump has sought to make a success of his own social media service, Truth Social, which is known for its loose content moderation rules.Mr. Trump on Friday posted on his Facebook page for the first time since his reinstatement. “I’M BACK!” Mr. Trump wrote, alongside a video in which he said, “Sorry to keep you waiting. Complicated business. Complicated.”Despite his Twitter reinstatement, Mr. Trump has not returned to posting from that account.In his last tweet, dated Jan. 8, 2021, he said he would not attend the coming inauguration, held at the Capitol. More

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

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      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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      Little-Known Lawyer, a Trump Ally, Draws Scrutiny in Georgia

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      A special grand jury looking into election meddling interviewed Robert Cheeley, a sign that false claims made by Donald J. Trump’s allies loom large in the case.ATLANTA — At a Georgia State Senate hearing a few weeks after President Donald J. Trump lost his bid for re-election, Rudolph W. Giuliani began making outlandish claims. “There are 10 ways to demonstrate that this election was stolen, that the votes were phony, that there were a lot of them — dead people, felons, phony ballots,” he told the assembled legislators.After Mr. Giuliani’s testimony, a like-minded Georgia lawyer named Robert Cheeley presented video clips of election workers handling ballots at the State Farm Arena in downtown Atlanta. Mr. Cheeley spent 15 minutes laying out specious assertions that the workers were double- and triple-counting votes, saying their actions “should shock the conscience of every red blooded Georgian” and likening what he said had happened to the 1941 attack on Pearl Harbor.His comments mostly flew under the radar at the time, overshadowed by the election fraud claims made by Mr. Giuliani, who was then Mr. Trump’s personal lawyer, and by other higher-profile figures. But Mr. Cheeley’s testimony did not end up in the dustbin. He was among the witnesses questioned last year by a special grand jury in Atlanta that investigated election interference by Mr. Trump and his allies, the grand jury’s forewoman, Emily Kohrs, said in an interview last month.Robert Cheeley reads through Georgia law during a hearing at the Henry County Courthouse in McDonough, Ga., in 2021.Alyssa Pointer/Atlanta Journal-Constitution, via Associated PressThe fact that Mr. Cheeley was called to appear before the special grand jury adds to the evidence that although the Atlanta investigation has focused on Mr. Trump’s biggest areas of legal exposure — the calls he made to pressure local officials and his involvement in a scheme to draft bogus presidential electors — the false claims made by his allies at legislative hearings have also been of significant interest. Mr. Giuliani has been told that he is among the targets who could face charges in the investigation.“He did testify before us,” Ms. Kohrs said of Mr. Cheeley in the interview.His appearance left such an impression that Ms. Kohrs began reciting from memory the beginning of Mr. Cheeley’s remarks at the State Senate hearing. Asked if his testimony to the special grand jury had been credible, she said, “I’m going to tell you that Mr. Cheeley was not one that I’m going to forget.”Mr. Cheeley did not return calls for comment for this article, and he was not present when a reporter visited his office on Wednesday in the Atlanta suburb of Alpharetta. The fact that he testified before the special grand jury was not previously known.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More

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      Records Show Fox and G.O.P.’s Shared Quandary: Trump

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      Fox hosts and executives privately mocked the former president’s election fraud claims, even as the network amplified them in a frantic effort to appease viewers.“Do we have enough dead people for tonight?”It was a week after the 2020 elections, and Tucker Carlson — along with Fox News executives and other hosts — had watched with panic as Fox viewers, furious and disbelieving at President Donald J. Trump’s defeat, began to turn against the top-rated network. The viewers believed Mr. Trump’s claims that a widespread conspiracy of voter fraud was behind his loss. And as Mr. Carlson’s nightly 8 p.m. hour approached, the host pushed his producers to give the viewers what they wanted.He demanded examples of dead people voting in Nevada or Georgia, even offering to call the Trump campaign personally to ask for help. That night, he trumpeted the evidence, borrowed from a Trump campaign news release: Four allegedly dead Georgians had cast ballots. Within days, though, the campaign’s spoon-fed examples began to fall apart. Three of the dead Georgians were actually alive. And Mr. Carlson was forced to partly retract his allegations, while insisting to viewers that “a whole bunch of dead people did vote.”Mr. Carlson told his viewers on Nov. 11, 2020, that dead people had cast ballots.Mr. Carlson’s frantic effort to appease angry Fox viewers, revealed in texts and emails released as part of a $1.6 billion defamation suit against Fox News by Dominion Voting Systems, underscore the central quandary faced both by Fox and the Republican Party in the wake of Mr. Trump’s defeat and still today, as the former president mounts another campaign for the White House.Like the Republican Party more broadly, Fox wants and needs the support of Trump fans, who both dominate party primaries and form the core of Fox’s viewership. And like the party, Fox has found it difficult to quit Mr. Trump even as his manic efforts to relitigate his defeat have hobbled the party in subsequent elections.Fox News has been the most trusted and watched source of information for conservative America for decades, and its frequent symbiosis with the Republican Party is well established. But the internal documents released in recent days have provided an unprecedented glimpse into network decision-making as its dual imperatives — to keep its base audience of conservatives satisfied and meet its promise to maintain journalistic standards of fairness and factuality — came into conflict as never before.No figure is more central to that conflict than Mr. Carlson. Ever since taking over Fox’s 8 p.m. hour in 2017, Mr. Carlson had maintained a carefully calibrated distance from Mr. Trump, using inflammatory segments about a border invasion and the “replacement” of native-born Americans by immigrants to appeal to Mr. Trump’s base — while minimizing how often he discussed Mr. Trump, whom he regarded as erratic and undisciplined. “We are very, very close to being able to ignore Trump most nights,” Mr. Carlson texted with staff members in early January 2021, adding, “I hate him passionately.”But in the months after the Jan. 6 attacks, “Tucker Carlson Tonight” doubled down on a pro-Trump narrative that both Mr. Carlson and his bosses knew was rooted in a lie. According to a New York Times analysis, in 2021 nearly half of Mr. Carlson’s shows — more than 100 episodes — featured segments downplaying the Capitol riot, casting the insurrectionists as innocent citizens seeking legitimate redress for election fraud, and suggesting the riot itself was a “false flag” operation orchestrated by federal law enforcement to entrap Trump supporters.His efforts to rewrite the events of Jan. 6 again took center stage this week, just as reams of emails, texts and deposition transcripts from the Dominion suit revealed that the network’s hosts and executives knew they were peddling lies to their own viewers.On his show this week, Mr. Carlson once more recast the violent attack that took place in January 2021 as a largely peaceful protest, this time using previously unreleased surveillance footage provided to his show by the new Republican House speaker, Kevin McCarthy. Mr. McCarthy, whose campaign for the speakership was backed by Mr. Trump, provided the footage after Mr. Carlson suggested on his show that releasing the tapes would help Mr. McCarthy overcome conservative resistance to his bid.On Mr. Carlson’s show on Monday, he described the Jan. 6 riot as a largely peaceful protest.On air, Mr. Carlson accused a Democratic-led congressional committee of misleading the public about what really happened. “Committee members lied about what they saw, and then hid the evidence from the public,” Mr. Carlson charged.News outlets and fact checkers found the broadcast rife with inaccuracies and false claims. Republicans in the House, among whom loyalty to Mr. Trump remains strong, defended Mr. Carlson’s segment. But Republicans in the Senate — currently controlled by Democrats, after Trump-backed candidates went down to defeat in the 2022 elections — attacked the powerful Fox host in unusually blunt terms.“It was a mistake, in my view, for Fox News to depict this in a way that’s completely at variance with what our chief law enforcement official here at the Capitol thinks,” said Senator Mitch McConnell of Kentucky, the minority leader.In the pretrial public relations maneuvering, Fox News has accused Dominion of using its court filings to share selective and out-of-context portions of internal text messages to “smear Fox News,” part of a broader effort to “silence the press” through a winning verdict. In a statement, a network spokeswoman said, “Fox News will continue to fiercely protect the free press as a ruling in favor of Dominion would have grave consequences for journalism across this country.” In defending Mr. Carlson’s coverage of Mr. Trump’s voter fraud claims, Fox executives have also pointed to Mr. Carlson’s on-air criticism of a lawyer behind some of the most outrageous voter fraud charges, Sidney Powell.Documents released in the Dominion lawsuit illustrate in vivid detail Fox’s complex relationship with the Republican Party, with the network serving variously as custodian, enforcer and powerful interest group in its own right.Senator Mitch McConnell pushed back against Mr. Carlson’s characterization of the Capitol attack.J. Scott Applewhite/Associated PressDuring the election, Dominion has alleged, Fox’s chief, Rupert Murdoch, personally gave Mr. Trump’s son-in-law and adviser, Jared Kushner, a preview of at least one Biden campaign ad. After the election, Mr. Murdoch called Mr. McConnell and asked him to lobby other Republican senators to avoid endorsing Mr. Trump’s claims of widespread voter fraud. At moments, Mr. Murdoch and a top editor at the Murdoch-owned New York Post discussed editorials intended to encourage Mr. Trump to accept his defeat gracefully, seemingly in hopes of avoiding further damage to the party.In mid-November 2020, Mr. Murdoch emailed Fox’s chief executive, Suzanne Scott, explaining the need for Fox to reorient away from Mr. Trump’s conspiracy theories and focus on the Georgia special senate elections, with Fox “helping any way we can.”Top Fox personnel agonized over the difficulty of escaping Mr. Trump’s influence over their own audience. “This day of reckoning was going to come at some point — where the embrace of Trump became an albatross we can’t shake right away if ever,” Dana Perino, a prominent Fox host, wrote to a friend in November 2020.Yet the shoals they were trying to navigate had been in no small part laid by Mr. Carlson, one of Fox’s most-watched hosts. Though the newly released messages show Mr. Carlson expressing skepticism in his private emails about the extent of “voter fraud,” he had been an early and energetic promoter of the doubt Mr. Trump was trying to sow.Within 24 hours of the polls closing, he declared that the election had been “seized from the hands of voters,” and that the final results would finally be determined by “lawyers and courts and clearly corrupt, big-city bureaucrats.” Americans “will never again accept the results of a presidential election,” he predicted.After the major networks declared Mr. Biden president-elect, Mr. Carlson reminded his viewers that troubling questions remained: “We don’t know how many votes were stolen on Tuesday night; we don’t know anything about the software that many say was rigged,” he said. His audience members, he said, were being played for suckers: “They knew you were coming. They laughed at you when you left.”But behind the scenes, Mr. Carlson and his producers were among those scoffing.In the days before the Jan. 6 attack on the Capitol, they discussed their intense hopes that Mr. Trump would soon leave the political scene. They mocked his plans to block the certification of Mr. Biden’s win and raged at how Mr. Trump’s lawyers had undermined their own arguments about fraud with sweeping conspiracy theories and debunked allegations.Two weeks after the election, Mr. Carlson, his executive producer and a top Fox executive named Ron Mitchell traded texts about a news conference at which one of Mr. Trump’s lawyers, Rudolph W. Giuliani, unspooled a litany of debunked allegations while hair dye dripped down his face. “I don’t see how to cover this,” Mr. Mitchell wrote. (That night, Mr. Carlson devoted his opening monologue to the news conference, carefully asserting that Mr. Giuliani “did raise legitimate questions and in some cases, he pointed to what appeared to be real wrongdoing.”)Mr. Carlson has claimed to “never look at the ratings” for his show. But Dominion texts show Mr. Carlson, his bosses and his fellow hosts obsessing over them. Within weeks of the election, it became clear to them that Fox viewers badly wanted them to focus on supposed evidence of voter fraud.“Tucker wrote me and Laura and said last nights numbers were a disaster,” Sean Hannity wrote to Fox producers in late November 2020, referring to Mr. Carlson and Laura Ingraham. (His executive producer, Robert Samuel, noted that the previous week’s most highly rated programming minutes “were on the voting irregularities.”) Mr. Carlson had also texted the two other hosts about ratings earlier that month, joking that an angry Fox viewer who had ranted against the network on Twitter would get “way better numbers than what we have” and warning Mr. Hannity that “the 7:00 was third last night,” referring to the time slot immediately preceding his own.As Mr. Carlson’s broadcast was coming to an end on Nov. 10, a Fox staff member warned the host that he was being attacked on Twitter for not covering allegations of voter fraud. “It’s all our viewers care about right now,” the staff member wrote. Mr. Carlson replied that it had been a “mistake” but that “I just hate” the topic.That night and the next morning, Mr. Carlson and the unnamed colleague brainstormed how to get into the story, trading links and tweets, eventually seizing on a local news report in Nevada suggesting a woman who had died in 2017 had voted there in November. (An investigation later determined that the woman’s husband, a Republican, had used her ballot to vote twice, then claimed her ballot had been stolen.) They debated whether they could “get up to five examples of specific names of dead people that voted,” and reached out to Jason Miller, a Trump campaign official, asking for evidence that they could then present on “Tucker Carlson Tonight.”“Obviously they need to do whatever they can to help us,” Mr. Carlson told his Fox colleague.On the afternoon of Nov. 11, as the next evening’s broadcast approached, the staff member texted Mr. Carlson again.“Have you seen last night’s numbers?” the staff member wrote, adding, “It’s a stupid story but this is all the viewers are into right now.”Mr. Carlson replied: “I noticed.”Julie Tate More

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      G.O.P. States Abandon Group That Helps Fight Voter Fraud

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      Five red states have severed ties since last year with the Electronic Registration Information Center, a nonprofit that helps maintain accurate voter rolls.First to leave was Louisiana, followed by Alabama.Then, in one fell swoop, Florida, Missouri and West Virginia announced on Monday that they would drop out of a bipartisan network of about 30 states that helps maintain accurate voter rolls, one that has faced intensifying attacks from election deniers and right-wing media.Ohio may not be far behind, according to a letter sent to the group Monday from the state’s chief election official, Frank LaRose. Mr. LaRose and his counterparts in the five states that left the group are all Republicans.For more than a year, the Electronic Registration Information Center, a nonprofit organization known as ERIC, has been hit with false claims from allies of former President Donald J. Trump who say it is a voter registration vehicle for Democrats that received money from George Soros, the liberal billionaire and philanthropist, when it was created in 2012.Mr. Trump even chimed in on Monday, urging all Republican governors to sever ties with the group, baselessly claiming in a Truth Social media post that it “pumps the rolls” for Democrats.The Republicans who announced their states were leaving the group cited complaints about governance issues, chiefly that it mails newly eligible voters who have not registered ahead of federal elections. They also accused the group of opening itself up to a partisan influence.In an interview on Tuesday, Jay Ashcroft, a Republican who is Missouri’s secretary of state, said that the group had balked at his state’s calls for reforms, some of which were expected to be weighed by the group’s board of directors at a meeting on March 17. He denied that the decision to pull out was fueled by what the organization and its defenders have described as a right-wing smear campaign.“It’s not like I was antagonistic toward cleaning our voter rolls,” Mr. Ashcroft said.Shane Hamlin, the group’s executive director, did not comment about particular complaints of the states in an email on Tuesday, but referred to an open letter that he wrote on March 2 saying that the organization had been the subject of substantial misinformation regarding the nature of its work and who has access to voter lists.Wes Allen, Alabama’s secretary of state, withdrew the state from the Electronic Registration Information Center in January, a day after he was sworn in.Butch Dill/Associated PressDefenders of the group lamented the departures, saying they would weaken the group’s information-sharing efforts and undermine it financially because of lost dues. And, they said, the defections conflict with the election integrity mantra that has motivated Republicans since Mr. Trump’s defeat in 2020.Republicans haven’t always been so sour about the work of the coalition, which Louisiana left in 2022.It was just last year that Gov. Ron DeSantis of Florida mentioned the group’s benefit to his state, which he described as useful for checking voter rolls during a news conference announcing the highly contentious arrests of about 20 people on voter fraud charges. He was joined then by Cord Byrd, Florida’s secretary of state, a fellow Republican who, on Monday, was expressing a much different opinion. In an announcement that Florida was leaving the group, Mr. Byrd said that the state’s concerns about data security and “partisan tendencies” had not been addressed.“Therefore, we have lost confidence in ERIC,” Mr. Byrd said.Representatives for Mr. DeSantis, who is considering a Republican run for president, did not respond to a request for comment.Mr. LaRose, in Ohio, also had a stark shift in tone: After recently describing the group to reporters as imperfect but still “one of the best fraud-fighting tools that we have,” by Monday he was also calling for reforms and put the group on notice.“Anything short of the reforms mentioned above will result in action up to and including our withdrawal from membership,” Mr. LaRose wrote. “I implore you to do the right thing.”The complaints about partisanship seem centered on David Becker, a former Justice Department lawyer who helped develop the group and is a nonvoting board member. Mr. Ashcroft said he didn’t think that Mr. Becker, a former director of the elections program at the Pew Charitable Trusts who has vocally debunked election fraud claims, including disputing Mr. Trump’s false claims that the 2020 election was stolen, should be on the board.Mr. Becker is the founder and director of the Center for Election Innovation and Research, another nonpartisan group that has been attacked by election deniers.“There’s truth and there’s lies,” Mr. Becker said on a video call with reporters on Tuesday. “I will continue to stand for the truth.”Mr. Hamlin vowed that the organization would “continue our work on behalf of our remaining member states in improving the accuracy of America’s voter rolls and increasing access to voter registration for all eligible citizens.”While some Republican states are ending their relationship with the group, California, the nation’s most populous state, could potentially join its ranks under a bill proposed by a Democratic state lawmaker. But in Texas, a Republican lawmaker has introduced a bill with the opposite intention.Still, Sam Taylor, a spokesman for Texas’s Republican secretary of state, said in an email on Tuesday that “We are not currently aware of any system comparable to ERIC, but are open to learning about other potentially viable, cost-effective alternatives.”New York, another heavily populated state, is also not a member of the group.Seven states started the organization more than a decade ago. It charges new members a one-time fee of $25,000 and annual dues that are partly based on the citizen voting age population in each state. The Pew Charitable Trusts provided seed funding to the group, but that money was separate from donations that it had received from Mr. Soros, according to the website PolitiFact.Shenna Bellows, a Democrat who is Maine’s secretary of state, said in an interview on Tuesday that the group had been particularly helpful in identifying voters who have died or may no longer live in the state, which became a member in 2021.“We have a lot of Mainers who retire to Florida for example,” Ms. Bellows said.Ms. Bellows called the recent defections “tragic” and said that her office had received several inquiries from residents who had read criticism of the group online.“Unfortunately, this move by our colleagues in Florida and elsewhere to leave ERIC in part because of misinformation being spread by election deniers deprives all of us of the ability to effectively clean our voter rolls and fight voter fraud,” she said. More

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      Conservative Media Pay Little Attention to Revelations About Fox News

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      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