Rupert and Lachlan Murdoch Reportedly Blessed Fox News Strategy to Broadcast 2020 Election Fraud Allegations, Court Hears.
In a key court hearing on Tuesday, a lawyer for the voting technology firm Smartmatic contended that senior leaders at Fox News, including Rupert and Lachlan Murdoch, authorized a deliberate strategy to embrace baseless claims of voting fraud promoted by Donald Trump.
“The conservative viewers, their primary audience, abandoned them,” stated J Erik Connolly, Smartmatic's lawyer. “What was their response? They revert to what they know best: they return back to misinformation, political propaganda and xenophobia. The election narrative and the election fraud claims were the ideal tool for them to get back onto their core messaging.”
A Massive Defamation Lawsuit Hangs in the Balance
During courtroom presentations, both sides urged with the New York state supreme court judge David B Cohen to rule on essential aspects of Smartmatic's $2.7 billion legal action ahead of a possible trial in the coming year. The company argues that Fox leaders hatched a plan to “shift” to the former president's allegations to recapture disaffected viewers.
Fox's Vehement Denial
A lawyer for Fox News, representing the network, vigorously denied these claims. “No campaign of misinformation was ordered,” he said. “It is completely false. The evidence does not support it. It is hogwash. It was fabricated by opposing counsel.”
He further asserted that the Murdochs, who held ultimate control over the network, “issued no directives to cover Smartmatic or the fraud claims.”
The Core Challenge: Proving “Knowing Falsity”
To win its case, the company will have to demonstrate that important personnel at Fox News knew the allegations were false but permitted them to be aired regardless. Through legal motions, Smartmatic has pointed to internal communications showing hosts like Jeanine Pirro and Maria Bartiromo voicing skepticism about the claims while also expressing a desire to assist Trump.
The network's attorney countered that Smartmatic has “grossly exaggerated” its value and the projected damages from the coverage. Fox contends its personalities were merely reporting on newsworthy claims from the president's allies, not endorsing them.
“This lawsuit is not truly about Fox's reporting 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 rescue its financial livelihood.”
A Previous Case Is Highly Relevant
The arguments closely mirror the prior defamation lawsuit brought by Dominion Voting Systems against Fox. In that matter, a judge's summary judgment decisions were decisive, ruling that Fox's statements were untrue and defamatory per se.
That ruling was later cited as a key factor in Fox's decision to settle with Dominion for $787.5 million. A previous Fox executive remarked that the judge's pre-trial rulings had “hamstrung” the company's ability to defend itself at trial.
Judge Cohen's Stance
Judge Cohen offered few hints of his thinking but told Smartmatic's lawyer that establishing “actual malice” for a summary judgment would be a “difficult task.” He stated he planned to examine all pertinent television segments before making a decision.
“I think I have sufficient material, evidence, legal briefs, charts, graphs and all I need to make my ruling,” he told the two sides in the lawsuit.
