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Eight damning new revelations about Fox’s 2020 election lies from the Smartmatic filings

Newly available filings in the election technology company Smartmatic’s $2.7 billion defamation lawsuit against Fox News provide fresh insights into the network’s egregious and irresponsible promotion of President Donald Trump’s 2020 election lies — four and a half years after Fox’s propaganda helped trigger a violent insurrection in which enraged Trumpists sacked the U.S. Capitol.

The documents, which support Smartmatic’s motion for summary judgment and were originally filed in April, were first reported by The Washington Post after a judicial hearing officer removed many of the redactions. 

The documents feature numerous previously unseen text messages and internal communications between Fox hosts, executives, producers, and other employees as Trump attempted to use false claims about the 2020 election to subvert the results of the election he lost and remain in power. 

Fox’s internal machinations during this period were previously made public through the lawsuit filed by Dominion Voting Systems, another election technology company which accused the network of defamation over its post-election coverage. Fox ultimately settled that suit as it went to trial in 2023 for a record $787.5 million.

The contours of Smartmatic’s story are broadly similar to — if no less damning than — the one Dominion told: Fox hosts and executives knew that Trump lost the 2020 election and that the claims of widespread election fraud he and his supporters pushed were false, but they nonetheless pivoted in the days following the election to promote such conspiracy theories -– including falsehoods about the company — because they were taking heat from viewers over calling Arizona for Joe Biden and feared losing market share to more aggressive competitors like Newsmax

But the Smartmatic filings provide new evidence that helps flesh out the tale of Fox’s cowardice and corruption. 

  • Maria Bartiromo leveraged her status at Fox to try to overturn the election: “I am news”

    Maria Bartiromo was once a respected business reporter, but reinvented herself as a hardcore MAGA propagandist during the first Trump administration. But even as she went further and further down the conspiracy theory rabbit hole, Bartiromo has retained her position on Fox’s “news” side, anchoring Fox Business’ three-hour weekday program Mornings with Maria as well as the weekend show Sunday Morning Futures, which is simulcast on Fox News.

    Smartmatic’s filings show Bartiromo leveraged that position as she tried to get Sidney Powell, the MAGA attorney notorious for her far-fetched election claims, to come on her Fox Business show in mid-November 2020. (Bartiromo hosted Powell on her Fox News show earlier that month to push election lies after Powell sent her an email featuring fraud hypotheses from someone who also claimed that “the Wind tells me I’m a ghost, but I don’t believe it.”)

    “Sidney we must keep you out there,” Bartiromo wrote in a November 17, 2020, Signal message. 

    She contrasted her own role at the network with that of then-Fox Business host Lou Dobbs, another avid promoter of election fraud lies, and suggested she could provide more helpful treatment, saying, “Dobbs is considered very opinionated. I am news. How about Friday?”

    Bartiromo later suggested to Powell that her own goal was to reverse the election results and keep Trump in power. “I am very worried,” she wrote. “Please please please overturn this. Bring the evidence. I know you can.”

    Bartiromo still has both of her “news” shows.

  • Jeanine Pirro explicitly declared her loyalty to Trump and the GOP

    The filings show then-Fox host Jeanine Pirro texted Ronna McDaniel, then the chair of the Republican National Committee, the following on September 21, 2020: “I work so hard for the party across the country… I’m the # 1 watched show on all news cable all weekend. I work so hard for the President and the party.”

    It’s not precisely news that Pirro viewed her work at the network as an extension of Trump’s campaign — it would in fact have been difficult to come away with a different conclusion after watching her commentary over the years. 

    Nonetheless, it’s helpful to have that confirmed explicitly in writing.

  • CEO Suzanne Scott ordered promotion of Fox prime-timers in “news” hours

    In mid-November 2020, I reported that Fox appeared to be trying to stave off its competitors by heavily promoting its prime-time “opinion” stars during its purported “news” hours. This campaign included the “news” programs running ads hyping the hosts casting doubt on the election results, airing on-screen bugs promoting their shows, and playing lengthy clips from the “opinion” shows.

    The Smartmatic filings reveal that Fox CEO Suzanne Scott apparently ordered this breach of the purported wall the network maintained existed between its “news” and opinion divisions. She emailed top Fox executives on November 9, 2020, demanding that the “news” hours increase its promotion of “opinion” talent like Pirro and the prime-time hosts. She wrote (emphasis added): 

    On the website – its 345p and I still dont see our opinion folks being promoted on .com – I’m seeing a ton of FOX nation – need that changed asap for the next few weeks. Same for FOX News channel – not seeing nearly enough promotion of primetime talent other than the little bug. And we should get a Pirro promo in as well. This is something I called around about first thing this morning. I’m traveling next four days and expect this to be handled well. 

  • Sean Hannity hosted Rudy Giuliani despite complaining he was “insane”: “I’m not redpill78”

    Sean Hannity went from considering Trump lawyer Rudy Giuliani an “insane” person he could not conceive of hosting to welcoming him back onto his program in 10 days.

    The Fox host functioned as an extension of Trump’s White House and regularly hosted Giuliani to spin Ukraine conspiracy theories that Fox’s research team said were not credible. But the former New York City mayor turned Trump lawyer was apparently going too far for even Hannity in the early days of Trump’s campaign to delegitimize the 2020 election results.

    The filings show Hannity texted associates on November 10, 2020, to say of Giuliani: “He is going nuts. We canceled the guy. Read what’s wrong…. He’s insane.” He told producers the following day that Giuliani is “acting like an insane person. I’m not redpill78.” (According to the Smartmatic filing, “Hannity testified that his reference to ‘redpill78’” — a streaming program associated with the QAnon conspiracy theory — “indicated that he was skeptical” of Giuliani.)

    On November 19, 2020, Hannity interviewed Giuliani about his election fraud claims.

    Hannity subsequently testified that he had hosted Giuliani because he was a “top newsmaker.” 

    He retains his Fox prime-time show.

  • Jeanine Pirro’s path back into the Murdoch network’s good graces

    The Dominion filings show that a Fox executive took Pirro off the air the weekend after Election Day, preempting her November 7, 2020, broadcast because he did not “trust her to be responsible.” They also reveal that after Pirro’s show returned the following weekend, her executive producer struggled in vain to prevent her from promoting what he termed her election “conspiracy theories.”

    Those filings, however, do not fully explain why Pirro returned to the air in the first place. Smartmatic’s filings fill in that gap: They show that Pirro’s removal sparked a backlash from the MAGA faithful that Fox’s CEO, at Fox prime-time star Sean Hannity’s urging, sought to quell by increasing Pirro’s profile and allowing her to comment without “being censored.”

    According to the filings, Hannity told Pirro via text message on November 10, 2020, that he had already reached out to Scott to talk about issues including Pirro’s treatment by the network. When Pirro vented to her colleague, “I’M TIRED OF THE CENSORSHIP AND I’M EMBARRASSED BY HOW THEY CALLED THIS ELECTION,” he further explained that he was “looking for changes” including “to leave u alone.” 

    Hannity may have already been getting results: Scott’s email the previous day ordering more promotion of Fox’s opinion hosts included Pirro along with the prime-time hosts. A few days later, promos for Pirro’s upcoming show were running and being distributed through right-wing channels.

    flurry of communications about Pirro’s show followed between Scott and Fox Corp. CEO Lachlan Murdoch and between Scott and Fox executive vice president of primetime programming Meade Cooper the day before Pirro’s next broadcast. 

    “Has anyone spoken to Judge Jeanine before her show this weekend?” Murdoch asked Scott. “It would be good if she corrects the record and clears up the schedule change last week.” 

    Scott passed the request on to Cooper, who replied that they weren’t planning to make a statement about that and added, “David Clark is reviewing all scripts and working with her on her open. She is very into not being censored but he is working with her closely on it.”

    “We don’t want to censor her,” Scott replied. 

    According to the filing, Scott “had a conversation with Pirro related to coverage of election fraud claims before Pirro’s November 14 show.” The same day, when Hannity texted her to crow about all the promos she was getting, Pirro replied, “I gave 3 demands. New producer. No censorship. 9 pretapes. Suzanne [Scott] promised me NOT overruled by Meade cooper.” 

    The newly unleashed Pirro used the opportunity the cowed Fox executive team gave her to promote election conspiracy theories that ultimately proved very expensive for Fox. 

    But it’s hard to get disciplined at Fox for being too supportive of Trump — she was subsequently promoted to the weekday panel show The Five and recently left Fox to become U.S. attorney for the District of Columbia. 

  • Fox exec: “It’s not the talents call” to cut away from White House press conference pushing election lies

    Scott’s handling of Pirro shows how willing Fox was to bend over backward to provide editorial independence to its conspiratorial opinion hosts. But “news-side” personalities at the network who tried to shut down such claims weren’t so lucky.

    The Smartmatic filings show top Fox executives expressing dismay after anchor Neil Cavuto cut away from a November 9, 2020, White House press conference featuring press secretary Kayleigh McEnany and told viewers, “She’s charging the other side is welcoming fraud and welcoming illegal voting. Unless she has more details to back that up, I can't in good countenance continue showing you this."

    Tom Lowell, Fox’s vice president and managing editor of news, subsequently told other top Fox executives that anchors like Cavuto should not have the authority to cut away from live events, writing: “Needs to be a chain of command here considering the environment we are in. It’s not the talents call and [t]he EP [Executive Producer] needs approval from you [Mitchell] or Jay [Wallace] in the handling of pressers.” 

  • Fox’s CEO on airing election fraud “witnesses” live: “This is BUSINESS”

    When GOP state legislators put on a series of sham election fraud “hearings” in late November and early December 2020, which featured Trump’s legal team and discredited “witnesses” with unverified or debunked claims, Trump praised Fox’s right-wing competitors for airing the hearings live — and criticized Fox for failing to do so.

    Scott responded to the pressure by urging her network to start taking such hearings live in a December 2, 2020, email to Lowell. She suggested that the “witness testimony” at the events constituted the “evidence that the news division has been saying doesn’t exist,” and concluded, “This is BUSINESS. RIGHT NOW BAD BUSINESS.” From her email:

    The entire impeachment was about one anonymous hearsay whistleblower. We ran the Schiff Nadler show wall to wall. If we wanted to send a strong message to the audience, run the witness testimony. That’s called evidence that the news division has been saying doesn’t exist. Now will the results ever change. Odds are next to zero. This is BUSINESS. RIGHT NOW BAD BUSINESS.

    Lowell admitted that the network had featured witness testimony in stories about the hearings without fact-checking them but warned Scott that airing the events live was not a good news practice.

    “It is one thing for us to give a platform to the Presidents Attorneys and surrogates, or people like this guy on with Sean [Hannity] right now who signed an affidavit, but we need to be skeptical of some of these supporters who just wander in to make statements about things they think they saw,” he wrote in an email to Scott.

  • Jesse Watters was told not to push election fraud lies, did it anyway

    The Smartmatic filings provide new details about what Fox’s Jesse Watters was told and what he did during this period, while he was the host of the weekend evening program Watters’ World.

    Watters was explicitly warned not to promote election fraud claims immediately after the 2020 election, according to the filings.

    “On November 6, Watters texted Fox host Pete Hegseth, ‘By the way, did you get the memo about not saying fraud?’” the filing states.

    Watters testified that this was a reference to instructions relayed by his producer, Megan Albano. In a text message the same day, Albano told Watters, “If we call the race, you cannot, under any circumstances, cast doubt on” the election because “the powers that be are not having any of it.” 

    This message did not stick, the filing shows: “On November 21, 2020, an original television broadcast of Watters’ World aired at 8:00 p.m. on Fox News. Dobbs appeared as a guest, discussing a ‘cyber-attack’ using voting machines to steal the 2020 election, and Watters presented an ‘investigation’ into Dominion and Smartmatic.”

    The filing further states that in a text to The Five co-host Greg Gutfeld, Watters wrote: “Think about how incredible our ratings would be if Fox went ALL in on STOP THE STEAL.”

    Fox has since given Watters two promotions — he gained his own weekday evening show in January 2022, and that program took over the network’s “pivotal” 8 p.m. timeslot in June 2023.