More stories

  • in

    Fox Stars Privately Expressed Disbelief About Trump’s Election Fraud Claims

    The comments, by Tucker Carlson, Sean Hannity and others, were released as part of a defamation suit against Fox News by Dominion Voter Systems.Newly disclosed messages and testimony from some of the biggest stars and most senior executives at Fox News revealed that they privately expressed disbelief about President Donald J. Trump’s false claims that the 2020 election was stolen from him, even though the network continued to promote many of those lies on the air.The hosts Tucker Carlson, Sean Hannity and Laura Ingraham, as well as others at the company, repeatedly insulted and mocked Trump advisers, including Sidney Powell and Rudolph W. Giuliani, in text messages with each other in the weeks after the election, according to a legal filing on Thursday by Dominion Voting Systems. Dominion is suing Fox for defamation in a case that poses considerable financial and reputational risk for the country’s most-watched cable news network.“Sidney Powell is lying by the way. I caught her. It’s insane,” Mr. Carlson wrote to Ms. Ingraham on Nov. 18, 2020.Ms. Ingraham responded: “Sidney is a complete nut. No one will work with her. Ditto with Rudy.”Mr. Carlson continued, “Our viewers are good people and they believe it,” he added, making clear that he did not.The messages also show that such doubts extended to the highest levels of the Fox Corporation, with Rupert Murdoch, its chairman, calling Mr. Trump’s voter fraud claims “really crazy stuff.”On one occasion, as Mr. Murdoch watched Mr. Giuliani and Ms. Powell on television, he told Suzanne Scott, chief executive of Fox News Media, “Terrible stuff damaging everybody, I fear.”Dominion’s brief depicts Ms. Scott, whom colleagues have described as sharply attuned to the sensibilities of the Fox audience, as being well aware that Mr. Trump’s claims were baseless. And when another Murdoch-owned property, The New York Post, published an editorial urging Mr. Trump to stop complaining that he had been cheated, Ms. Scott distributed it widely among her staff. Mr. Murdoch then thanked her for doing so, the brief says.The filing, in state court in Delaware, contains the most vivid and detailed picture yet of what went on behind the scenes at Fox News and its corporate parent in the days and weeks after the 2020 election, when the conservative cable network’s coverage took an abrupt turn.Fox News stunned the Trump campaign on election night by becoming the first news outlet to declare Joseph R. Biden Jr. the winner of Arizona — effectively projecting that he would become the next president. Then, as Fox’s ratings fell sharply after the election and the president refused to concede, many of the network’s most popular hosts and shows began promoting outlandish claims of a far-reaching voter fraud conspiracy involving Dominion machines to deny Mr. Trump a second term.What was disclosed on Thursday was not the full glimpse of Dominion’s case against Fox. The 192-page filing had multiple redactions that contain more revelations about deliberations inside the network. Fox has sought to keep much of the evidence against it under seal. The New York Times is challenging the legality of those redactions in court.More on Fox NewsDefamation Case: ​​Some of the biggest names at Fox News are being questioned in the $1.6 billion lawsuit filed by Dominion Voting Systems against the network. The suit could be one of the most consequential First Amendment cases in a generation.Merger Falls Through: Rupert Murdoch has halted his plans to combine News Corp and Fox Corporation, saying that a merger was “not optimal for shareholders.” The prospect had faced significant investor pushback.‘American Nationalist’: Tucker Carlson stoked white fear to conquer cable news. In the process, the TV host transformed Fox News and became former President Donald J. Trump’s heir.Empire of Influence: ​​A Times investigation looked at how the Murdochs, the family behind a global media empire that includes Fox News, have destabilized democracy on three continents.In its defense, which was also filed with the court on Thursday, Fox argued that by covering Mr. Trump’s fraud claims, the network was doing what any media organization would: reporting and commenting on a matter of undeniable newsworthiness. And it noted that many of its programs did not endorse the claim that the election was stolen.“In its coverage, Fox News fulfilled its commitment to inform fully and comment fairly,” its brief said. “Some hosts viewed the president’s claims skeptically; others viewed them hopefully; all recognized them as profoundly newsworthy.”The law shields journalists from liability if they report on false statements, but not if they promote them.Dominion said in its filing that not a single Fox witness had testified that he or she believed any of the allegations about Dominion.In a statement on Thursday, a Fox spokeswoman said, “Dominion has mischaracterized the record, cherry-picked quotes stripped of key context and spilled considerable ink on facts that are irrelevant under black-letter principles of defamation law.”The brief shows that Fox News stars and executives were afraid of losing their audience, which started to defect to the conservative cable news alternatives Newsmax and OAN after Fox News called Arizona for Mr. Biden. And they seemed concerned with the impact that would have on the network’s profitability. On Nov. 12, in a text chain with Ms. Ingraham and Mr. Hannity, Mr. Carlson pointed to a tweet in which a Fox reporter, Jacqui Heinrich, fact-checked a tweet from Mr. Trump referring to Fox broadcasts and said there was no evidence of voter fraud from Dominion.“Please get her fired,” Mr. Carlson said. He added: “It needs to stop immediately, like tonight. It’s measurably hurting the company. The stock price is down. Not a joke.” Ms. Heinrich had deleted her tweet by the next morning.The details offer more than dramatic vignettes from inside a news organization where internal disputes rarely spill into public view. They are pieces of evidence that a jury could use to weigh whether to find Fox liable for significant financial damages. Dominion is asking for $1.6 billion as compensation for the damage it says it suffered as Fox guests and hosts claimed, for instance, that Dominion’s voting machines had been designed to rig elections for the Venezuelan autocrat Hugo Chavez and were equipped with an algorithm that could erase votes from one candidate and give them to another.Fox Corporation has about $4 billion cash on hand, according to its latest quarterly earnings report.The burden in the case falls on Dominion to prove that Fox acted with actual malice — the longstanding legal standard that requires Dominion to prove that either Fox guests, hosts and executives knew what was being said on the air was false and allowed it anyway, or that people inside Fox were recklessly negligent in failing to check the accuracy of their coverage.That burden is difficult to meet, which is why defamation cases often fail. But legal experts said Dominion’s arguments were stronger than most.“This filing argues a fire hose of direct evidence of knowing falsity,” said RonNell Andersen Jones, a professor of law at the S.J. Quinney College of Law at the University of Utah. “It gives a powerful preview of one of the best-supported claims of actual malice we have seen in any major-media case.”Many defamation suits are quickly dismissed because of the First Amendment’s broad free speech protections. If they do go forward, they are usually settled out of court to spare both sides the costly spectacle of a trial. The Dominion case has proceeded with a speed and scope that media experts have said is unusual.For eight months, Dominion lawyers have taken depositions from dozens of people at all levels of the network and its parent company. Mr. Murdoch was deposed last month. (Dominion’s brief was written before that deposition and does not reflect its contents, which remain under seal.) Mr. Hannity, one of the most popular prime-time hosts and a close Trump ally, has been deposed twice. And the personal phones and emails of many midlevel employees have been searched as part of the discovery process, which people inside the company have said has created an atmosphere of considerable unease.Both sides appear dug in and confident of victory. The judge has scheduled jury selection to begin in mid-April.Fox has contested how Dominion arrived at the amount it is seeking in damages, arguing that the company has vastly overstated its valuation and the reputational harm it suffered.In papers filed with the court on Thursday, lawyers for Fox called the $1.6 billion sum “a staggering figure that has no factual support and serves no apparent purpose other than to generate headlines, chill First Amendment-protected speech.”Fox’s lawyers added that Staple Street Capital Partners, the private equity firm that owns a majority share in Dominion, had paid about $38 million for its 76 percent stake in the company in 2018 and had never estimated Dominion’s financial value to be worth “anywhere near $1.6 billion.” Fox has made a counterclaim against Dominion seeking to recover all its costs associated with the lawsuit.Dominion’s goal, aside from convincing a jury that Fox knowingly spread lies, is to build a case that points straight to the top of the Fox media empire and its founding family, the Murdochs.“Fox knew,” the Dominion filing declares. “From the top down, Fox knew.”The brief cites senior executives and editors responsible for shaping Fox’s coverage behind the scenes who weren’t buying the election denial, either.“No reasonable person would have thought that,” said the network’s politics editor at the time, Chris Stirewalt, referring to the allegation that Dominion rigged the election. Bill Sammon, Fox’s managing editor in Washington, is quoted as saying, “It’s remarkable how weak ratings make good journalists do bad things.”Fox pushed out both journalists after the 2020 election.Ron Mitchell, a senior Fox executive who oversaw the Carlson, Hannity and Ingraham shows, texted privately with colleagues that the Dominion allegations were “the Bill Gates/microchip angle to voter fraud,” referring to false claims that microchips were injected into people who received Covid-19 vaccines.At times, Fox employees are described as disparaging one another. The president of the network, Jay Wallace, is quoted at one point criticizing the former Fox Business host Lou Dobbs — one of the biggest megaphones for Mr. Trump’s lies. “The North Koreans do a more nuanced show” than Mr. Dobbs, the brief says.On Nov. 6, 2020, three days after Election Day, as Mr. Biden pulled into the lead, Mr. Murdoch told Ms. Scott in an email that it was going to be “very hard to credibly cry foul everywhere,” and noted that “if Trump becomes a sore loser, we should watch Sean especially,” referring to Mr. Hannity. More

  • in

    2016 Trump Campaign to Pay $450,000 to Settle Nondisclosure Agreements Suit

    The settlement with a former campaign aide who says she was the target of sexual harassment effectively invalidates agreements hundreds of 2016 Trump campaign officials signed.Former President Donald J. Trump’s 2016 campaign will pay $450,000 as part of a settlement of a long court fight over its use of nondisclosure agreements, according to documents filed on Friday in a New York federal court.The proposed settlement with Jessica Denson, a former campaign aide whom the campaign tried to silence as she claimed she was the target of abusive treatment and sexual harassment by another campaign member, effectively invalidates the nondisclosure agreements that hundreds of officials from Mr. Trump’s first presidential run signed.Ms. Denson is set to receive $25,000, the filings show, and the rest will cover legal fees and other costs. The judge in the case, who has not yet approved the settlement, pushed back on efforts by the campaign to keep the paperwork sealed. The details were reported earlier by Bloomberg News.“We think that this N.D.A. was entirely unreasonable from the beginning,” said David K. Bowles, one of the lawyers for Ms. Denson, who initially represented herself in the case. “No attorney should have ever drafted it, and no campaign worker should have ever been compelled to sign it. We think the unwinding of the N.D.A. is a triumph for free speech, for democracy and for Jessica Denson, in particular, and we are very proud of our accomplishment tonight.”A representative for Mr. Trump’s 2016 campaign did not respond to emails seeking comment.Mr. Trump has made broad use of nondisclosure agreements throughout his business career and, later, his political career. The agreements have generally sought to keep people from disclosing information about Mr. Trump, but he has also used them as a cudgel against a wide variety of aides. In Ms. Denson’s case, her lawyers argued the agreement was overly broad, among other flaws.Ms. Denson had been trying to make the suit a certified class action shortly before the matter was settled. She has a separate case pending related to her claim that she was harassed by a superior on the campaign. More

  • in

    The Times Asks Judge to Unseal Documents in Fox News Defamation Case

    Most of the evidence in the case has remained under seal at the request of Fox’s lawyers.The New York Times asked a judge on Wednesday to unseal some legal filings that contain previously undisclosed evidence in a defamation suit brought against Fox News by Dominion Voting Systems, a company targeted with conspiracy theories about rigged machines and stolen votes in the 2020 election.Most of the evidence in the case — including text messages and emails taken from the personal phones of Fox executives, on-air personalities and producers in the weeks after the election — has remained under seal at the request of lawyers for the network.Federal law and the law in Delaware, where the case is being heard, broadly protect the public’s right of access to information about judicial proceedings. The law allows for exceptions if a party in a lawsuit can show good cause to keep something under seal, such as a company seeking to protect a trade secret or financial information.The judge in the case, Eric M. Davis, has cautioned that neither Fox nor Dominion was entitled to keep information secret for reasons not covered by those limited exceptions, including, he said last month, the fact that something “may be embarrassing.”Dominion filed the lawsuit in early 2021, arguing that “Fox sold a false story of election fraud in order to serve its own commercial purposes.” It is asking for $1.6 billion in damages from the network and its parent company, Fox Corporation.Fox has defended itself by claiming that the commentary of its hosts and guests was protected under the First Amendment, and that the allegations of fraud made by former President Donald J. Trump and his allies were inherently newsworthy, even if they were false.The Times argued that the law tilts heavily toward the public’s right to access even if it also allows for limited exceptions. The Times is being joined by National Public Radio in its request to make public hundreds of pages of documents filed under seal this month by Fox and Dominion.Dominion’s suit, The Times said in its filing with Judge Davis, “is unquestionably a consequential defamation case that tests the scope of the First Amendment.”Further, the complaint said, the suit “undeniably involves a matter of profound public interest: namely, how a broadcast network fact-checked and presented to the public the allegations that the 2020 presidential election was stolen and that plaintiff was to blame.”David McCraw, The Times’s deputy general counsel, said in a statement: “The public has a right to transparent judicial proceedings to ensure that the law is being applied fairly. That is especially important in a case that touches upon political issues that have deeply divided the country.”Judge Davis has scheduled a trial for April. More

  • in

    Lawyers Who Investigated Trump Start Firm to Combat Threats to Democracy

    Mark F. Pomerantz, Carey R. Dunne and Michele Roberts, the former head of the N.B.A. players union, will launch a pro bono law firm, the Free and Fair Litigation Group.Last year, Mark F. Pomerantz and Carey R. Dunne were leading the Manhattan district attorney’s investigation into Donald J. Trump’s business practices.Now, they have turned their attention to a broader phenomenon that they say the former president represents: threats to democracy in the United States.Mr. Pomerantz and Mr. Dunne, who resigned last year when the district attorney decided not to seek an indictment of Mr. Trump, said they have formed a pro bono law firm that aims to stem the tide of anti-democratic policies proliferating around the country. The firm — the Free and Fair Litigation Group, which opens its doors this week — is also led by Michele A. Roberts, the former head of the union that represents professional basketball players.All three founders have extensive experience as litigators, and they plan to defend policies they see as just and bring lawsuits challenging those they believe are undemocratic, the three founding partners said in an interview. Their work will initially focus on voting rights, gun control and free speech.“As I see it, we’re now faced with not just one politician, but really with a national movement that’s aimed at rolling back decades of rights and constitutional principles,” Mr. Dunne said.In the two years since Mr. Trump’s false claims that the 2020 election had been stolen helped spark a violent riot at the Capitol, election denial has only grown within the Republican Party. Mr. Trump is once again a leading contender for president, and the House is in the hands of Republicans — many of whom voted against certifying President Biden’s election victory.Against that backdrop of deep political polarization, it remains to be seen how much of the new firm’s ambitious agenda can be accomplished, particularly if its cases reach a Supreme Court that has taken a sharp rightward turn.Michele Roberts, the former executive director of the N.B.A. players union, is an experienced litigator.Gabriella Demczuk for The New York TimesThe three founders will take no salary, and the firm will do all its work for free. They expect to hire a small staff of lawyers — no more than eight employees, including one who recently served as a federal prosecutor — and partner with a number of larger law firms. The firm, a nonprofit, will solicit outside donations from foundations and small donors alike.The new firm differs from larger groups like the American Civil Liberties Union and the Brennan Center for Justice, which conduct lobbying and research in addition to their work in court, because of its singular focus on litigation.The venture was a product of serendipitous timing: three busy lawyers who found themselves with nothing on their dockets in the spring of last year.Ms. Roberts, an experienced litigator, had just retired as executive director of the N.B.A. Players Association. Mr. Pomerantz, a well-known defense lawyer who also served as the criminal division chief at the U.S. attorney’s office in Manhattan, came out of retirement in early 2021 to lead the district attorney’s investigation into Mr. Trump. He resigned in February of last year, as did Mr. Dunne, another prominent litigator who oversaw the Trump investigation and successfully argued before the U.S. Supreme Court twice in the fight over a subpoena for Mr. Trump’s tax returns.Although Mr. Pomerantz and Mr. Dunne had begun to present evidence to a grand jury about the former president’s business practices by early last year, the new district attorney, Alvin L. Bragg, developed concerns about proving the case and decided not to seek to indict Mr. Trump at that time, prompting the resignations. The investigation, which began under the prior district attorney, Cyrus R. Vance Jr., is now continuing under Mr. Bragg, who also recently secured the conviction of Mr. Trump’s company.Carey Dunne won a Supreme Court decision that gave Manhattan prosecutors access to Donald Trump’s tax returns.Jefferson Siegel for The New York TimesWhile the new law firm currently has no plans to take on Mr. Trump directly, its mission was in some sense inspired by his influence over the Republican Party and the Supreme Court, to which he appointed three conservative justices.“Trump is obviously the poster boy for increased authoritarianism,” said Mr. Pomerantz, who has written a book about his time investigating Mr. Trump that Simon & Schuster announced on Wednesday would be published in February. “He personifies the problem, but he’s far from the only manifestation of the problem.”For his part, Mr. Trump has slammed Mr. Pomerantz publicly, calling him a “low-life attorney” who “is a ‘Never Trumper’ and a Hillary Clinton sycophant.”The firm’s first case involves gun control policies under attack in the wake of the Supreme Court’s ruling last year expanding the right to carry firearms outside the home. The firm is defending four Colorado towns, each with bans on carrying assault weapons in public, that were sued by a gun rights group after the court’s decision. The case is scheduled to go to trial this fall.Measures like Florida’s “Stop W.O.K.E.” law, which limits talk of race, gender and nationality in schools and the workplace, are also of interest at the new firm. It has begun examining the possibility of bringing a First Amendment lawsuit focused on similar laws in other states that prohibit diversity training in the workplace.The firm is also developing plans to challenge Florida’s arrest of a number of people with criminal histories who were able to register to vote in the 2020 election even though their past convictions should have barred them from doing so. Although criminal charges against some of those people have been dismissed, the firm is researching the possibility of suing the state for having violated the Voting Rights Act, arguing that the arrests discourage legal voting by people with criminal convictions.“It’s just disgraceful,” Ms. Roberts said, adding that the case had hit home for her as someone who is concerned with voting rights and with “legislative changes to election laws in various states.”To litigate the cases, the firm will turn for support to a roster of prominent law firms and advocacy groups.In the Colorado gun control case, the firm is working with Everytown for Gun Safety, the group founded by the former New York City mayor Michael R. Bloomberg, as well as Davis Polk, Mr. Dunne’s former firm. On the Florida voting rights case, they have met with a group called Protect Democracy, a nonprofit founded by lawyers from the Obama White House, as well as Paul Weiss, where Mr. Pomerantz was a partner for many years.Mark Pomerantz and Mr. Dunne led the Manhattan district attorney’s inquiry into Mr. Trump until they resigned last year.David Karp/Associated PressThe outside firms are providing their resources on a pro bono basis. The new firm’s board of directors will also include a number of boldfaced names from the criminal justice world, including Tali Farhadian Weinstein, a former general counsel at the Brooklyn district attorney’s office who was a Democratic candidate for Manhattan district attorney in 2021.Free and Fair’s executive director will be Danny Frost, a lawyer who served as a senior adviser and spokesman in the district attorney’s office under Mr. Vance, when Mr. Dunne and Mr. Pomerantz were working on the Trump investigation.Thus far, the firm has mostly accepted donations from friends and professional acquaintances but in the coming months will ramp up their fund-raising now that the I.R.S. has certified the firm as a nonprofit.Originally, the principals had expected that getting authorized for tax-exempt status would take half a year. Then they learned that they could make an emergency application to the I.R.S., “but only if what you’re providing is so desperately needed by the country that you can claim emergency treatment status,” Mr. Dunne said.They filed their application in October. Within 14 days, they had received the emergency approval. More

  • in

    Arizona Judge Rejects Kari Lake’s Effort to Overturn Her Election Loss

    Kari Lake, a Republican who was defeated by Katie Hobbs in the Arizona governor’s race, had made false election claims the centerpiece of her campaign.A state judge on Saturday rejected Kari Lake’s last-ditch effort to overturn her defeat in the Arizona governor’s race, dismissing for lack of evidence her last two claims of misconduct by Maricopa County election officials.The ruling, after a two-day trial in Phoenix that ended Thursday, follows more than six weeks of claims by Ms. Lake, a Republican, that she was robbed of victory last month — assertions that echoed the false contention that was at the heart of her campaign: that an even larger theft had stolen the 2020 presidential election from Donald J. Trump.Ms. Lake and her supporters conjured up what they called a deliberate effort by election officials in Maricopa County, the state’s largest county, to disenfranchise her voters. But they never provided evidence of such intentional malfeasance, nor even evidence that any voters had been disenfranchised.In a 10-page ruling, Superior Court Judge Peter Thompson acknowledged “the anger and frustration of voters who were subjected to inconvenience and confusion at voter centers as technical problems arose” in this year’s election.But he said his duty was “not solely to incline an ear to public outcry,” and noted that, in seeking to overturn Katie Hobbs’s victory by a 17,117-vote margin, Ms. Lake was pursuing a remedy that appeared unprecedented.“A court setting such a margin aside, as far as the Court is able to determine, has never been done in the history of the United States,” Judge Thompson wrote.He went on to rule flatly that Ms. Lake and the witnesses she called had failed to provide evidence of intentional misconduct that changed the election’s outcome.“Plaintiff has no free-standing right to challenge election results based upon what Plaintiff believes — rightly or wrongly — went awry on Election Day,” the judge wrote. “She must, as a matter of law, prove a ground that the legislature has provided as a basis for challenging an election.”Undaunted, Ms. Lake insisted her case had “provided the world with evidence that proves our elections are run outside of the law,” and said she would appeal “for the sake of restoring faith and honesty in our elections.”Ms. Lake, a former Phoenix television news anchor, lost to Ms. Hobbs, a Democrat who is the Arizona secretary of state, and who rose to national prominence when she resisted efforts by Trump loyalists to overturn the vote in 2020.The Aftermath of the 2022 Midterm ElectionsCard 1 of 6A moment of reflection. More

  • in

    Hannity and Other Fox Employees Said They Doubted Trump’s Fraud Claims

    On Wednesday, lawyers for Dominion Voting Systems shared some of the strongest evidence yet that some Fox employees knew what they broadcast about the claims was false.On Nov. 30, 2020, Sean Hannity hosted Sidney Powell on his prime-time Fox News program. As she had in many other interviews around that time — on Fox and elsewhere in right-wing media — Ms. Powell, a former federal prosecutor, spun wild conspiracy theories about what she said was “corruption all across the country, in countless districts,” in a plot to steal re-election from the president, Donald J. Trump.At the center of this imagined plot were machines from Dominion Voting Systems, which Ms. Powell claimed ran an algorithm that switched votes for Mr. Trump to votes for Joseph R. Biden Jr. Dominion machines, she insisted, were being used “to trash large batches of votes.”Mr. Hannity interrupted her with a gentle question that had been circulating among election deniers, despite a lack of supporting proof: Why were Democrats silencing whistle-blowers who could prove this fraud?Did Mr. Hannity believe any of this?“I did not believe it for one second.”That was the answer Mr. Hannity gave, under oath, in a deposition in Dominion’s $1.6 billion defamation lawsuit against Fox News, according to information disclosed in a court hearing on Wednesday. The hearing was called to address several issues that need to be resolved before the case heads for a jury trial, which the judge has scheduled to begin in April.Mr. Hannity’s disclosure — along with others that emerged from court on Wednesday about what Fox News executives and hosts really believed as their network became one of the loudest megaphones for lies about the 2020 election — is among the strongest evidence yet to emerge publicly that some Fox employees knew that what they were broadcasting was false.More on Fox NewsDefamation Case: ​​Some of the biggest names at Fox News are being questioned in the $1.6 billion lawsuit filed by Dominion Voting Systems against the network. The suit could be one of the most consequential First Amendment cases in a generation.Exploring a Merger: Fox and News Corp, the two sides of Rupert Murdoch’s media business, are weighing a proposal that could put Fox News, The Wall Street Journal and the Fox broadcasting network under the same corporate umbrella.‘American Nationalist’: Tucker Carlson stoked white fear to conquer cable news. In the process, the TV host transformed Fox News and became former President Donald J. Trump’s heir.Empire of Influence: ​​A Times investigation looked at how the Murdochs, the family behind a global media empire that includes Fox News, have destabilized democracy on three continents.The high legal standard of proof in defamation cases makes it difficult for a company like Dominion to prevail against a media organization like Fox News. Dominion has to persuade a jury that people at Fox were, in effect, saying one thing in private while telling their audience exactly the opposite. And that requires showing a jury convincing evidence that speaks to the state of mind of those who were making the decisions at the network.In Delaware Superior Court on Wednesday, Dominion’s lawyers argued that they had obtained ample evidence to make that case.One lawyer for Dominion said that “not a single Fox witness” so far had produced anything supporting the various false claims about the company that were uttered repeatedly on the network. And in some cases, other high-profile hosts and senior executives echoed Mr. Hannity’s doubts about what Mr. Trump and his allies like Ms. Powell were saying, according to the Dominion lawyer, Stephen Shackelford.This included Meade Cooper, who oversees prime-time programming for Fox News, and the prime-time star Tucker Carlson, Mr. Shackelford said.“Many of the highest-ranking Fox people have admitted under oath that they never believed the Dominion lies,” he said, naming both Ms. Cooper and Mr. Carlson.Mr. Shackelford described how Mr. Carlson had “tried to squirm out of it at his deposition” when asked about what he really believed.Mr. Shackelford started to elaborate about what Mr. Carlson had said privately, telling the judge about the existence of text messages the host had sent in November and December of 2020. But the judge, Eric M. Davis, cut him off, leaving the specific contents of those texts unknown.A spokeswoman for Fox News had no immediate comment.Another previously unknown detail emerged on Wednesday about what was going on inside the Fox universe in those frantic weeks after the election. A second lawyer representing Dominion, Justin Nelson, told Judge Davis about evidence obtained by Dominion showing that an employee of the Fox Corporation, the parent company of Fox News, had tried to intervene with the White House to stop Ms. Powell. According to Mr. Nelson, that employee called the fraud claims “outlandish” and pressed Mr. Trump’s staff to get rid of Ms. Powell, who was advising the president on filing legal challenges to the results.Mr. Nelson said that evidence cut straight to the heart of whether the Fox Corporation, which is controlled by Rupert and Lachlan Murdoch, was also liable for defamation. Judge Davis ruled in June that Dominion could sue the larger, highly profitable corporation, which includes the Fox network on basic television and a lucrative sports broadcasting division.A spokesman for the Fox Corporation had no immediate comment.Over the last several months, Dominion has been combing through mountains of private email and text messages from people at every level of Fox News and the Fox Corporation — hosts like Mr. Hannity, senior executives and midlevel producers. A lawyer for Fox, Dan K. Webb, said on Wednesday that the company had produced more than 52,000 documents for Dominion, with more to come.During the hearing, the judge was asked to rule on several issues. One was whether a second voting company that is suing Fox for defamation, Smartmatic, could be given access to the documents Dominion had obtained for its case. Judge Davis ruled in Fox’s favor, denying Smartmatic’s motion.A second issue was whether certain evidence that Dominion has used against Fox in its court filings — including emails among Fox employees and a page from a deposition in which someone from Fox describes the journalistic processes of one of the network’s programs — should be made public.Throughout the case, Fox has asked the court to keep almost everything in the case pertaining to its inner workings under seal. A third lawyer for Dominion, Davida Brook, argued on Wednesday that the public had a fundamental right to see what it had filed with the court in the interest of fostering the openness that a democracy requires.Judge Davis disagreed, ruling that the evidence would stay under seal. But he admonished the lawyers that neither party in the case should be overly aggressive in trying to keep facts in the case confidential.If, for instance, someone says something “not bright” — and therefore embarrassing — that wouldn’t be enough to keep that information under seal, Judge Davis said.“That’s too bad,” he said. More

  • in

    Kari Lake Will Present Election Fraud Claims in an Arizona County Court

    After a judge dismissed most of her claims, two will go forward. Lawyers expect she will have to clear a high bar, and her case relies on a collection of election deniers.Kari Lake, the Republican candidate for governor in Arizona who made false election claims the centerpiece of her campaign, is starting a two-day trial on Wednesday as she presses to have her loss overturned.Ms. Lake lost by around 17,000 votes to Katie Hobbs, the secretary of state, but sued Maricopa County and Ms. Hobbs to overturn the results under Arizona’s election contest statutes. A Maricopa County Superior Court judge is allowing two of her claims of misconduct by election officials to go forward, but eight other claims were dismissed. A ruling is likely soon afterward.In a separate election case in Mohave County, the Republican candidate for attorney general, Abraham Hamadeh, will present evidence on Friday. The November election ended with Mr. Hamadeh trailing Kris Mayes, the Democratic nominee, by 511 votes, within the margin that requires a mandatory statewide recount that is going on now.Lawyers for Ms. Hobbs and Maricopa County have been warning that such trials could become a free-for-all for election conspiracy theorists. Ms. Lake has indicated that she may call as witnesses people who have been pushing false or misleading claims related to Donald J. Trump’s efforts to overturn the presidential election.There is, however, a high bar to proving election misconduct that could have swayed the results.“The court has given an opportunity to put them to the test,” said Abha Khanna, a lawyer for Ms. Hobbs. “If you think you have proof something happened and that proof doesn’t exist, and they’re not able to prove it in this court, I hope we could put to bed the idea that there’s something lurking out there.”The Aftermath of the 2022 Midterm ElectionsCard 1 of 6A moment of reflection. More

  • in

    Restaurateur, Political Donor, Tipster: The Many Roles of FTX’s Ryan Salame

    The co-chief executive of an FTX unit who told regulators about wrongdoing at the exchange was a big Republican donor. He also bought restaurants.In Western Massachusetts, Ryan Salame was known as a local boy turned hometown hero who struck gold as a top executive at FTX, the now-collapsed cryptocurrency exchange, and used some of that wealth to buy a few small restaurants in the area.In Washington, D.C., Mr. Salame was hailed as a “budding Republican megadonor,” bankrolling candidates and political action committees, and establishing FTX’s presence as a crypto heavyweight invested in shaping the regulation of the nascent industry.Now, Mr. Salame has emerged as a central player in the scandal surrounding FTX after he told regulators in the Bahamas, where the exchange was based, that FTX was misappropriating billions in customer funds to prop up an allied crypto trading firm called Alameda Research.On Monday, Sam Bankman-Fried, the founder of FTX, was arrested in the Bahamas, accused of lying to investors, lenders and customers about the close financial dealings between FTX and Alameda, and committing fraud by using both companies as a “piggy bank.” Prosecutors said Mr. Bankman-Fried used customer funds to trade, buy expensive real estate, invest in other crypto firms, make political contributions and extend personal loans to executives.So far, Mr. Bankman-Fried, who is being held without bail in a Bahamas prison, is the only FTX executive charged with wrongdoing. But Damian Williams, the U.S. attorney for the Southern District of New York in Manhattan, said the investigation is continuing and prosecutors are not done charging individuals.Mr. Salame’s activities may be scrutinized, given that he was pivotal to FTX’s political influence operation along with Mr. Bankman-Fried. Mr. Salame, a former co-chief executive of FTX Digital Markets, the company’s subsidiary in the Bahamas, also received a $55 million personal loan from Alameda.Mr. Salame (pronounced Salem) did not return multiple requests for comment. His lawyer, Jason Linder at Mayer Brown, also did not return requests for comment.Born in Sandisfield, Mass., a town of just 1,000 people in the Berkshires, Mr. Salame worked briefly at the accounting giant EY. In 2019, he graduated from Georgetown University with a master’s in finance before landing a job at Alameda in Hong Kong. He later moved to FTX in the Bahamas, where he was a primary point of contact between the exchange and the local government.Sam Bankman-Fried, the founder of the cryptocurrency exchange FTX, was arrested in the Bahamas on Monday.Mario Duncanson/Agence France-Presse — Getty ImagesMr. Salame was not in Mr. Bankman-Fried’s inner circle, but he was fiercely loyal to him, according to people familiar with the matter. Mr. Bankman-Fried and his closest advisers all shared a purported commitment to giving away most of the money they made under the banner of “effective altruism.”By contrast, Mr. Salame said at times that he was in crypto because it was a way to get rich, according to a person who knows him. He enjoyed expensive cars, flew on private jets and had a reputation for hard partying.What to Know About the Collapse of FTXCard 1 of 5What is FTX? More