🔗 Share this article

In a pivotal court hearing on Tuesday, a lawyer for the voting technology firm Smartmatic argued that top leaders at Fox News, including Rupert and Lachlan Murdoch, authorized a deliberate plan to adopt baseless claims of election fraud promoted by Donald Trump.

“The conservative viewers, their bread and butter, deserted them,” declared J Erik Connolly, Smartmatic's lawyer. “What was their response? They return back to what they know best: they return back to misinformation, political propaganda and fear-mongering. The election story and the election fraud claims was the perfect vehicle for them to return to their central messaging.”

A Massive Libel Lawsuit Hangs in the Balance

In courtroom presentations, both parties urged with Judge David B Cohen to decide on essential elements of Smartmatic's $2.7bn legal action before a potential trial in the coming year. The company maintains that Fox executives hatched a plan to “pivot” to Trump's claims to win back angry viewers.

The Network's Strong Rebuttal

A lawyer for Fox News, speaking for the network, vigorously denied these claims. “No disinformation campaign was authorized,” he said. “It is completely false. The evidence does not support it. It is hogwash. It is made up 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.”

The Central Legal Hurdle: Proving “Knowing Falsity”

To win its case, the company will have to demonstrate that key figures at Fox News knew the allegations lacked truth but permitted them to be broadcast anyway. In its filings, Smartmatic cited private messages showing personalities like Jeanine Pirro and Maria Bartiromo voicing skepticism about the claims while also expressing a desire to assist Trump.

Allen, Fox's lawyer argued that Smartmatic has “wildly inflated” its worth and the estimated damages from the coverage. Fox contends its hosts were merely reporting on newsworthy claims from the president's associates, not endorsing them.

“This suit is not truly about Fox's reporting of the 2020 election,” the Fox lawyer stated. “It's about Smartmatic's effort to capitalize on comments made by the president's lawyers to rescue its financial livelihood.”

A Previous Case Looms Large

The arguments closely mirror the successful defamation lawsuit brought by Dominion Voting Systems against Fox. In that case, a judge's summary judgment decisions were decisive, finding that Fox's statements were untrue and defamatory per se.

That ruling was later cited as a major reason in Fox's choice to resolve with Dominion for $787.5 million. A former Fox executive remarked that the judge's pre-trial rulings had “severely limited” the company's ability to defend itself at trial.

Judge Cohen's Stance

The presiding judge gave few hints of his thinking but informed Smartmatic's lawyer that proving “knowledge of falsity” for a summary judgment would be a “difficult task.” He said he intended to review all pertinent television segments before making a decision.

“I believe I have sufficient material, data, legal briefs, diagrams, graphs and all I need to make my ruling,” he informed the two sides in the case.