In a key legal proceeding on Tuesday, a attorney for the voting technology firm Smartmatic contended that senior executives at Fox News, including Rupert and Lachlan Murdoch, authorized a conscious plan to embrace false claims of voting fraud championed by Donald Trump.
“The conservative viewers, their bread and butter, deserted them,” declared J Erik Connolly, Smartmatic's lawyer. “What was their response? They revert to what they know best: they return back to disinformation, pro-Trump propaganda and fear-mongering. The election narrative and the election fraud claims was the ideal vehicle for them to return to their core messaging.”
During courtroom presentations, both parties pleaded with Judge David B Cohen to decide on essential aspects of Smartmatic's $2.7bn legal action before a possible trial in the coming year. The plaintiff argues that Fox executives hatched a plan to “pivot” to Trump's claims to recapture angry viewers.
K Winn Allen, representing the network, vigorously denied these claims. “No campaign of misinformation was authorized,” he stated. “It is total bunk. It is not supported by the record. It is nonsense. It was fabricated by lawyers on the other side.”
He added that the Murdochs, who held ultimate control over the network, “issued no directives to cover Smartmatic or the election fraud allegations.”
For Smartmatic to prevail, the company must prove that important personnel at Fox News knew the fraud claims lacked truth but allowed them to be aired regardless. Through legal motions, Smartmatic has pointed to private messages showing hosts like Jeanine Pirro and Maria Bartiromo voicing skepticism about the claims while also expressing a desire to help Trump.
The network's attorney argued that Smartmatic has “grossly exaggerated” its worth and the estimated damages from the broadcasts. Fox maintains its hosts were simply reporting on newsworthy allegations from the president's associates, not promoting them.
“This lawsuit is not truly about Fox's coverage of the 2020 election,” the Fox lawyer stated. “It's about Smartmatic's attempt to capitalize on remarks made by the president's lawyers to salvage its financial livelihood.”
The arguments closely mirror the successful legal action brought by Dominion Voting Systems against Fox. In that case, a judge's pre-trial rulings proved critical, finding that Fox's broadcasts were untrue and inherently damaging.
That ruling was later cited as a key factor in Fox's decision to settle with Dominion for $787.5 million. A previous Fox legal officer remarked that the judge's pre-trial rulings had “hamstrung” the company's legal defense at trial.
The presiding judge offered few indications of his leaning but told Smartmatic's lawyer that proving “knowledge of falsity” for a summary judgment would be a “difficult task.” He stated he planned to review all pertinent television segments before issuing his rulings.
“I think I have sufficient material, data, briefings, charts, graphs and everything I need to reach a verdict,” he informed the two sides in the lawsuit.