FOX chief Rupert Murdoch deposed: Here’s What Fox Is Accused Of Lying About In Defamation Lawsuit Over 2020 Election

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TOPLINE


News Corp. Chairman Rupert Murdoch is testifying Thursday and Friday in Dominion Voting Systems’ defamation case against Fox News, a billion-dollar lawsuit that has ensnared some of the network’s biggest personalities over repeated statements after the 2020 election that falsely linked Dominion machines to fraud—including comments by both Fox News personalities and guests.

KEY FACTS
Dominion alleges in its lawsuit, which a Delaware state court allowed to move forward in December 2021, that Fox News and its anchors repeatedly and knowingly pushed false claims that linked Dominion voting machines to election fraud as a tactic to boost ratings, despite Dominion sending repeated letters to the network contesting its claims.

The network “made, endorsed and accepted” false claims about Dominion machines, the lawsuit alleges, through repeated interviews on its programs with far-right Trump attorneys Sidney Powell and Rudy Giuliani, who pushed the Dominion fraud claims without anchors challenging them.

Powell told Maria Bartiromo there was “a massive and coordinated effort to steal this election” and “manufacture votes for Joe Biden,” told Sean Hannity the company “ran an algorithm that shaved off votes from then-President Donald Trump and awarded them to Biden” and claimed to Lou Dobbs that Trump’s “lead was so great … they had to stop the counting and come in and backfill the votes they needed to change the result,” according to the lawsuit.

Giuliani claimed in December on Fox & Friends that Dominion machines “[were] developed to steal elections, and being used in the states that are involved,” and he and Powell both repeatedly pushed false claims that linked Dominion machines to rival company Smartmatic—which has also sued Fox News—and claimed the company has ties to Venezuela, which it does not, the Dominion suit notes.
Fox anchors also asserted false election claims on the network themselves, Dominion alleges: Jeanine Pirro asked, “Why was there an overnight popping of the vote tabulation that cannot be explained for Biden?”, for instance, and Dobbs said Dominion machines were part of “the most ludicrous, irresponsible and rancid system imaginable in the world’s only superpower” and Trump “has to take, I believe, drastic action, dramatic action” to combat it.
In addition to claims made on the network, Dobbs also tweeted a two-page document that claimed “there was an embedded controller in every Dominion machine, that allows an election supervisor to move votes from one candidate to another” and described the purported voting machine conspiracy as a “cyber Pearl Harbor.”

Tucker Carlson, who Dominion notes initially said on-air there was no election fraud that changed the results, brought on MyPillow CEO Mike Lindell for an interview in January 2021, and Lindell claimed he “ha all the evidence” to prove fraud with Dominion machines and the voting company “hired hit groups, bots and trolls” to “go after” him.

CHIEF CRITIC
Fox News has disputed Dominion’s claims and maintained comments made on the network were not defamatory, arguing they’re covered under the First Amendment and the network and its anchors were reporting on matters of public importance. "We are confident we will prevail as freedom of the press is foundational to our democracy and must be protected, in addition to the damages claims being outrageous, unsupported and not rooted in sound financial analysis, serving as nothing more than a flagrant attempt to deter our journalists from doing their jobs,” the network said in a statement to Forbes Tuesday.

BIG NUMBER
774. That’s the approximate number of statements made on Fox News that challenged the election results or asserted claims of election fraud in the two weeks after Biden was declared president-elect, according to an analysis by left-leaning media watchdog MediaMatters that Dominion cited in its lawsuit.

CONTRA
Dominion’s lawsuit acknowledges that Dobbs said on air on January 4, 2021, that “we still don’t have verifiable tangible support” to prove election fraud involving voting machines, and “we have had a devil of a time finding actual proof.” The Fox Business host, whose show was canceled a month later, did not change his tune on election fraud, however, saying, “The fact of the matter is that this President is looking at the prospect of having this election stolen from him.”

WHAT TO WATCH FOR
Dominion’s lawsuit against Fox News is scheduled to go to trial in April 2023, according to court documents, and the voting machine company is asking the network to pay $1.6 billion in damages for its alleged defamation. Fox also faces a separate defamation lawsuit from Smartmatic, which a court allowed to move forward in March. Dominion has also brought a separate case against the Fox Corporation directly that focuses on Rupert and son Lachlan Murdoch’s alleged involvement in pushing election fraud claims on Fox News, which is also now pending after a court rejected Fox’s motion to dismiss the case in June.

WHAT WE DON’T KNOW
What Murdoch will say when he’s deposed. The News Corp. chair was initially slated to be deposed in December via video call, but his testimony was delayed until this week and will now take place in person in Los Angeles, according to court filings in the case. The transcript will not be made public. Dominion’s Fox News lawsuit alleges that even though Murdoch did not personally believe there was widespread election fraud, he was swayed by his personal relationship with Trump and the effect of pushing false election claims on Fox News’ ratings to “nevertheless [encourage] on-air personalities to perpetuate these baseless claims.” The lawsuit alleges Murdoch exerted direct influence over Fox’s programming in the aftermath of the 2020 election, citing media reports from the time that claimed Murdoch had “stepped in to call the shots directly” at the network amid a ratings decline.

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Murdoch Deposed: Here’s What Fox Is Accused Of Lying About In Defamation Lawsuit Over 2020 Election (forbes.com)
 
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Fox News hosts didn't believe 2020 election fraud claims, $1.6 billion Dominion defamation suit asserts

CBS NEWS
FEBRUARY 17, 2023


Wilmington, Del. — Hosts at Fox News had serious concerns about allegations of voter fraud in the 2020 presidential election being made by guests who were allies of former President Donald Trump, according to court filings in a $1.6 billion defamation lawsuit against the network.

"Sidney Powell is lying," about having evidence for election fraud, Tucker Carlson told a producer about the attorney on Nov. 16, 2020, according to an excerpt from an exhibit that remains under seal.

The internal communication was included in a redacted summary judgment brief filed Thursday by attorneys for Dominion Voting Systems.

Carlson also referred to Powell in a text as an "unguided missile," and "dangerous as hell." Fellow host Laura Ingraham, meanwhile, told Carlson that Powell is "a complete nut. No one will work with her. Ditto with Rudy," referring to former New York mayor and Trump supporter Rudy Giuliani.

Sean Hannity, meanwhile, said in a deposition "that whole narrative that Sidney was pushing, I did not believe it for one second," according to Dominion's filing.

Denver-based Dominion, which sells electronic voting hardware and software, is suing both Fox News and parent company Fox Corporation. Dominion said some Fox News employees deliberately amplified false claims that Dominion had changed votes in the 2020 election, and that Fox provided a platform for guests to make false and defamatory statements.

Attorneys for the cable news giant argued in a counterclaim unsealed Thursday that the lawsuit is an assault on the First Amendment. They said Dominion has advanced "novel defamation theories" and is seeking a "staggering" damage figure aimed at generating headlines, chilling protected speech and enriching Dominion's private equity owner, Staple Street Capital Partners.

"Dominion brought this lawsuit to punish FNN for reporting on one of the biggest stories of the day- allegations by the sitting President of the United States and his surrogates that the 2020 election was affected by fraud," the counterclaim states. "The very fact of those allegations was newsworthy."

Fox attorneys also said in their own summary judgment brief that Carlson repeatedly questioned Powell's claims in his broadcasts. "When we kept pressing, she got angry and told us to stop contacting her," Carlson told viewers on Nov. 19, 2020.

Fox attorneys say Dominion's own public relations firm expressed skepticism in December 2020 as to whether the network's coverage was defamatory. They also point to an email from Oct. 30, 2020, just days before the election, in which Dominion's director of product strategy and security complained that the company's products were "just riddled with bugs."

In their counterclaim, Fox attorneys wrote that when voting-technology companies denied the allegations being made by Trump and his surrogates, Fox News aired those denials, while some Fox News hosts offered protected opinion commentary about Trump's allegations.

Fox's counterclaim is based on New York's "anti-SLAAP" law. Such laws are aimed at protecting people trying to exercise their First Amendment rights from being intimidated by "strategic lawsuits against public participation," or SLAPPs.

"According to Dominion, FNN had a duty not to truthfully report the President's allegations but to suppress them or denounce them as false," Fox attorneys wrote. "Dominion is fundamentally mistaken. Freedom of speech and freedom of the press would be illusory if the prevailing side in a public controversy could sue the press for giving a forum to the losing side."

Fox attorneys warn that threatening the company with a $1.6 billion judgment will cause other media outlets to think twice about what they report. They also say documents produced in the lawsuit show that Dominion has not suffered any economic harm and do not indicate that it lost any customers as the result of Fox's election coverage.

Superior Court Judge Eric Davis is scheduled to preside over a trial beginning in mid-April, but granting summary judgment to either side would obviate the need for a jury trial that could stretch over five weeks.

In its 192-page brief, Dominion said the judge should rule in its favor because "no reasonable juror could find in Fox's favor on each element of Dominion's defamation claim." Dominion attorneys also assert that no reasonable juror could find in favor of Fox's "neutral reportage" and "fair report" defenses.

"Recounts and audits conducted by election officials across the U.S. repeatedly confirmed the election's outcome, including specifically that Dominion's machines accurately counted votes," Dominion's filing states. "That evidence alone more than suffices for summary judgment on the falsity of the claims that Dominion rigged the election and its software manipulated vote counts."

Fox News attorneys argue the network's coverage and commentary were not defamatory.

"Even assuming, for the sake of argument, that Dominion could point to any statement that could be actionable defamation, this court should grant Fox News' summary judgment motion for the independent reason that Dominion lacks clear and convincing evidence that the relevant individuals at Fox News made or published any statement with actual malice," the attorneys wrote.

Davis ruled last month that, for the purposes of the defamation claims, he will consider Dominion to be a public figure. That means Dominion must prove by a preponderance of the evidence that the Fox defendants acted with actual malice or reckless disregard for the truth.

Attorneys for Fox Corp. joined in the brief filed by Fox News, while also asserting that the parent company is independently entitled to summary judgment because Dominion has not produced any evidence needed to hold it liable.

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Rupert Murdoch acknowledged that Fox News hosts endorsed false stolen election claims

By Oliver Darcy, CNN
Updated 8:13 PM EST, Mon February 27, 2023


New York(CNN) Rupert Murdoch, the chairman of Fox Corporation, acknowledged in a deposition taken by Dominion Voting Systems that some Fox News hosts endorsed false claims that the 2020 election was stolen.

Murdoch's remarks were made public in a legal filing as part of Dominion's $1.6 billion lawsuit against Fox News.

In his deposition, Murdoch rejected that the right-wing talk network as an entity endorsed former President Donald Trump's election lies. But Murdoch conceded that Sean Hannity, Jeanine Pirro, Maria Bartiromo, and former host Lou Dobbs promoted the falsehood about the presidential contest being stolen.


"Some of our commentators were endorsing it,," Murdoch said, according to the filing, when asked about the talk hosts' on-air positions about the election. "I would have liked us to be stronger in denouncing it, in hindsight," he added.

The filing also revealed that Murdoch referred to some of Trump's 2020 election lies as "bulls**t and damaging."

Fox calls Dominion lawsuit 'dubious'

In a Monday statement, Fox News assailed Dominion.

"Dominion's lawsuit has always been more about what will generate headlines than what can withstand legal and factual scrutiny," the network said, "as illustrated by them now being forced to slash their fanciful damages demand by more than half a billion dollars after their own expert debunked its implausible claims."

"Their summary judgment motion took an extreme, unsupported view of defamation law that would prevent journalists from basic reporting and their efforts to publicly smear Fox for covering and commenting on allegations by a sitting President of the United States should be recognized for what it is: a blatant violation of the First Amendment," the network added.

Fox on Monday defended the actions of executives and hosts during the 2020 election in its own legal filings countering Dominion Voting Systems' lawsuit. Fox alleged that its hosts' on-air assertions about election fraud were taken out of context.

Fox says it should not be held liable for the hosts' claims.

"Dominion's summary judgment motion is flawed from top to bottom and should be rejected in its entirety," lawyers for Fox News wrote in its filing Monday.

Fox Corporation said in its filing that Dominion "has produced zero evidentiary support for its dubious theory that high-level executives at Fox Corporation 'chose to publish and broadcast' or played a 'direct role in the creation and publication' of false election lies."

Fox hosts ridicule election fraud claims

In another filing made public earlier this month, a trove of messages and emails from the most prominent stars and highest-ranking executives at Fox News showed they had privately ridiculed claims of election fraud in the 2020 election, despite the right-wing channel promoting lies about the presidential contest on its air.


The messages showed that Tucker Carlson, Sean Hannity, and Laura Ingraham brutally mocked lies being pushed by former President Donald Trump's camp asserting that the election was rigged.

The court filings have offered the most vivid picture to date of the chaos that transpired behind the scenes at Fox News after Trump lost the election and viewers rebelled against the right-wing channel for accurately calling the contest in Biden's favor.

Top legal experts told CNN after last week's filing that Dominion's legal position appeared strong.

"It's a major blow," renowned First Amendment attorney Floyd Abrams said of Dominion's motion for a summary judgment, adding that the "recent revelations certainly put Fox in a more precarious situation" in defending against the lawsuit on First Amendment grounds.

Rebecca Tushnet, the Frank Stanton Professor of First Amendment Law at Harvard Law School, described Dominion's evidence as a "very strong" filing that "clearly lays out the difference between what Fox was saying publicly and what top people at Fox were privately admitting."

Tushnet said that in her years of practicing and teaching law, she had never seen such damning evidence collected in the pre-trial phase of a defamation suit.

"I don't recall anything comparable to this," Tushnet said. "Donald Trump seems to be very good at generating unprecedented situations."

Murdoch said it was 'wrong' for Tucker Carlson to host election conspiracy theorist Mike Lindell

In his deposition, Murdoch also said that it was "wrong" for Fox's Tucker Carlson to have hosted election conspiracy theorist Mike Lindell on his program following the presidential election.

Murdoch testified it was "wrong for Tucker to host Mike Lindell to repeat those allegations against Dominion on January 26th, 2021," the documents said.

When asked why he continued to allow Lindell, the MyPillow CEO, to make election fraud claims on Fox News, Murdoch said it was a business decision.

"It is not red or blue, it is green," Murdoch replied, according to the court documents.

"The man is on every night. Pays us a lot of money..." Murdoch said. "At first you think it's comic, and then you get bored and irritated."

Murdoch also said he could have stopped Rudy Giuliani and Sidney Powell, former lawyers for President Trump and his campaign who alleged election fraud, from appearing on the network's programs, the filing said.

"I could have. But I didn't," Murdoch said.

Paul Ryan warned Murdochs, Fox to stop spreading false election narratives

Court documents Monday showed that Paul Ryan repeatedly warned Murdoch and Fox News of the dangerous effects that discussing false election fraud narratives on air would have with viewers.

Ryan, the former House speaker and a Fox Corporation board member, repeatedly told Rupert and Fox Corporation CEO Lachlan Murdoch that the company "should not be spreading conspiracy theories."

On at least one occasion, Ryan advised the Murdochs that the company should "move on from Donald Trump and stop spouting election lies."

During this time, Ryan told the Murdochs that many of those who thought the election had been stolen did so "because they got a diet of information telling them the election was stolen from what they believe were credible sources."

"The sooner we can put down the echoes of falsehoods from our side, the faster we can get onto principled loyal opposition," Ryan wrote to Rupert. "I truly hope our contributors, along with Tucker, Laura, and Sean get that and execute."

Rupert responded to Ryan, noting that "everything changed" following the events of January 6, 2021, and asked the former speaker turned Fox executive for suggestions for contributors.

Murdoch gave Kushner 'confidential information' about Biden ads

Also revealed in Dominion's filing, Rupert Murdoch gave Jared Kushner, son-in-law of former President Donald Trump, "confidential information about [President Joe] Biden's ads, along with debate strategy" in 2020, "providing Kushner a preview of Biden's ads before they were public," the court filing states.

Murdoch, under oath, also said that on election night, Kushner called him upset about the media's coverage of the election that was ultimately called for Biden. Murdoch testified that Kushner said, "this is terrible" and Murdoch could "hear Trump's voice in the background shouting." Murdoch said he replied, "Well, the numbers are the numbers."

According to the filing, Murdoch said that he believed no fraud had occurred in the election.

"Yes. I mean, we thought everything was on the up-and-up. I think that was shown when we announced Arizona," Murdoch said, referring to Fox News' projection on election night that Joe Biden would win the critical battleground state.

A Kushner spokesperson did not immediately respond to a CNN request for comment.

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