Rupert and Lachlan Murdoch Allegedly Blessed Fox News Strategy to Broadcast 2020 Voting Fraud Claims, Court Hears.
During a pivotal court hearing on Tuesday, a lawyer for the voting technology company Smartmatic contended that top leaders at Fox News, including Rupert and Lachlan Murdoch, sanctioned a conscious strategy to adopt false assertions of voting fraud promoted by Donald Trump.
“The conservative viewers, their primary audience, deserted them,” stated J Erik Connolly, the company's attorney. “So what do they do? They return back to what they know best: they return back to misinformation, pro-Trump propaganda and fear-mongering. The election narrative and the fraud allegations were the perfect tool for them to return to their core messaging.”
A Massive Defamation Lawsuit Is at Stake
In oral arguments, both sides pleaded with Judge David B Cohen to decide on essential aspects of Smartmatic's $2.7 billion defamation lawsuit ahead of a potential trial in the coming year. The company maintains that Fox leaders devised a plan to “pivot” to Trump's claims to win back disaffected viewers.
The Network's Strong Rebuttal
A lawyer for Fox News, representing the network, vigorously denied these claims. “No disinformation campaign was ordered,” he said. “It is total bunk. The evidence does not support it. It is nonsense. It was fabricated by opposing counsel.”
He added that the Murdochs, who held ultimate control over the network, “issued no directives to cover Smartmatic or the election fraud allegations.”
The Core Legal Hurdle: Proving “Knowing Falsity”
To win its case, the voting firm will have to demonstrate that key figures at Fox News were aware the allegations lacked truth but allowed them to be aired regardless. In its filings, Smartmatic has pointed to internal communications showing hosts like Jeanine Pirro and Maria Bartiromo expressing doubt about the claims while also showing an interest to help Trump.
The network's attorney argued that Smartmatic has “wildly inflated” its worth and the projected financial losses from the coverage. Fox contends its personalities were simply discussing newsworthy claims from the president's allies, not endorsing them.
“This lawsuit really isn't about Fox's reporting of the 2020 election,” the Fox lawyer stated. “It concerns Smartmatic's attempt to capitalize on comments made by the president's lawyers to salvage its business viability.”
A Previous Case Looms Large
Smartmatic's case closely mirror the prior legal action brought by Dominion Voting Systems against Fox. In that matter, a judge's summary judgment decisions were decisive, finding that Fox's statements were untrue and defamatory per se.
That legal decision was later cited as a key factor in Fox's choice to resolve with Dominion for $787.5 million. A previous Fox legal officer remarked that the judge's pre-trial rulings had “severely limited” the company's legal defense at trial.
Judge Cohen's Position
Judge Cohen offered no clear indications of his leaning but informed Smartmatic's lawyer that proving “knowledge of falsity” for a summary judgment would be a “hard sell.” He said he intended to review all relevant television segments before issuing his rulings.
“I think I have more than enough information, evidence, briefings, diagrams, charts and everything I need to make my ruling,” he informed the parties in the case.
