Executive Summary
The Story So Far
Why This Matters
Who Thinks What?
Newly unredacted court filings in voting technology company Smartmatic’s $2.7 billion defamation lawsuit against Fox News have revealed private communications from prominent network personalities and executives, shedding light on their internal discussions regarding 2020 presidential election fraud claims. The disclosures, made public through recent court filings, highlight a disconnect between private doubts and on-air coverage in the weeks following the election.
Case Background and Stakes
These newly unsealed text messages and emails are central to Smartmatic’s argument that Fox News acted with “actual malice” by prioritizing ratings and audience retention over verified reporting. Conversely, Fox maintains its coverage of statements from a sitting president and his legal team was protected, newsworthy journalism. The ongoing case follows Fox’s $787.5 million settlement with Dominion Voting Systems in 2023 over similar election fraud claims.
Internal Communications Revealed
Among the revelations are messages from Fox News host Jesse Watters. On December 5, 2020, Watters allegedly texted colleague Greg Gutfeld, “Think about how incredible our ratings would be if Fox went ALL in on STOP THE STEAL,” suggesting a consideration of ratings implications. In a November 2020 exchange with producer Megan Albano, Watters described “an audience uprising vs. Fox like I’ve never seen” following the network’s Arizona call for Joe Biden. He also privately referred to Trump lawyer Sidney Powell as having “lost it” and being “radioactive now” due to her “peddling” claims.
Further filings indicate Jeanine Pirro, then host of Justice with Judge Jeanine, allegedly texted in November 2020 about “helping Trump while at Fox News.” Bret Baier, anchor of Special Report, expressed concerns over misinformation, writing to Fox News Media president Jay Wallace that “None of that is true as far as we can tell” regarding on-air fraud allegations, adding, “We need to fact-check this crap.”
Other hosts also expressed skepticism about Powell. According to the filings, Sean Hannity referred to her assertions as “insane,” while Laura Ingraham texted Hannity and Tucker Carlson that Powell was “a complete nut” and that “no one will work with her.” Maria Bartiromo shared claims from President Trump’s legal team about Smartmatic with colleagues, privately acknowledging the information was “not verified.” Rupert Murdoch, chairman of Fox Corporation, texted an executive in November 2020 that it was “really bad” that Rudy Giuliani was allowed on air with unverified Smartmatic claims.
Fox News Defense
In court filings and public statements, Fox News has consistently argued that it was reporting on “newsworthy” statements made by the president and his lawyers, rather than endorsing them.
Outlook
The Smartmatic defamation lawsuit, currently proceeding through New York courts, is poised to further test the boundaries of defamation law in the context of political news coverage and press freedom.