false claim

The 2020 presidential election is history, but a legal dispute over Fox News’ reporting on President Trump’s false claims of voter fraud is heating up.

A motion for summary judgment by voting equipment company Smartmatic filed Tuesday in New York Supreme Court laid out in detail how phony allegations that it manipulated votes to swing the election to Joe Biden were amplified on Fox News.

The motion also described how the Fox News Media hosts who are defendants in the suit — the late Lou Dobbs, Jeanine Pirro and Maria Bartiromo of Fox Business — were allegedly committed to helping Trump prove his fraud theories so he could remain in office.

“I work so hard for the President and the party,” Pirro wrote in a text to Ronna McDaniel, then chair of the Republican National Committee.

Pirro left Fox News in May to become U.S. attorney for the District of Columbia.

Smartmatic is suing Fox News for $2.7 billion in damages, claiming that the network’s airing of the false statements hurt the London-based company’s ability to expand its business in the U.S.

Fox News settled a similar suit from Dominion Voting Systems for $787.5 million in 2023.

The motion alleged that on-air hosts repeated the fraud claims even though executives and producers were told they were false.

The Fox News research department, known as the “Brainroom,” allegedly informed network producers that Smartmatic’s role in the 2020 election was limited to Los Angeles County and that the company’s software was not used in Dominion voting machines, another false claim made on the air.

Fox News maintains the network’s reporting on President Trump’s false claims were newsworthy and protected by the 1st Amendment. But part of the company’s legal strategy has been focused on minimizing the damage claims.

Fox News has asserted that any problems Smartmatic has experienced in attracting new business are rooted not in its reporting but in the federal investigation into the company’s activities with overseas governments.

Last year, Smartmatic’s founder, Roger Alejandro Piñate Martinez, and two other company officials were indicted by the U.S. attorney’s office and charged with bribing Philippine officials in order to get voting machine contracts in the country in 2016.

While the Trump camp’s assertions that the election was fixed were not believed throughout Fox News and parent company Fox Corp., the conservative-leaning network gave continued to give them oxygen to keep its audience tuned in, the motion alleged.

The motion described a “pivot” that occurred on Nov. 8, 2020, when then-Fox News Executive Chairman Rupert Murdoch and his son Lachlan asked Fox News Media Chief Executive Suzanne Scott to address the decline in the network’s ratings after Biden was declared the winner of the election. The network also looked at research to evaluate why viewers were leaving.

“The conclusion reached based on performance analytics: give the audience more election fraud,” the court document stated.

Such thinking, the filing said, permeated the company, already in a panic over losing viewers to right-leaning network Newsmax. The upstart outlet saw a ratings surge after Biden’s win due to its unwavering support of Trump’s claims.

“Think about how incredible our ratings would be if Fox went ALL in on STOP THE STEAL,” Fox News host Jesse Watters said in a text to his colleague Greg Gutfeld.

Throughout November and December 2020, the three hosts named in the suit, Dobbs, Pirro and Bartiromo, repeatedly featured Trump’s attorneys Rudolph Giuliani and Sidney Powell as guests. They spread the falsehoods that Smartmatic software was used in Dominion voting machines and altered millions of votes.

Smartmatic’s work in Los Angeles during the 2020 election was meant to be an entry point for the company to expand its domestic business. The company’s defamation suit claims that Fox News obliterated those efforts by presenting the false fraud claims.

But Fox News believes that issues with Smartmatic’s $282-million contract with Los Angeles County could help advance its case.

On Aug. 1, federal prosecutors filing a legal brief alleging that taxpayer funds from the county went into a slush fund held by a shell company to help pay for its illegal activities.

Federal prosecutors handling the case involving Smartmatic’s business in the Philippines said they plan to detail similar alleged schemes out of L.A. County and Venezuela to show that the bribery fits a larger pattern.

Fox News attorneys have filed a brief asking for county records that they believe will help bolster their case. The network is also expected to try to get the Smartmatic indictments in front of the court to raise doubts about the company’s reputation.

A Smartmatic representative said Fox News’ records request is a diversion tactic.

“Fox lies and when caught they lie again to distract,” a Smartmatic representative said in a statement. “Fox’s latest filing is just another attempt to divert attention from its long-standing campaign of falsehoods and defamation against Smartmatic.”

The company added that it abided with the law in Los Angeles County and “every jurisdiction where we operate.”

Smartmatic’s Tuesday court filing also included information that contradicted public statements Fox News made at the time.

The document alleged that Fox News fired political analyst Chris Stirewalt and longtime Washington bureau executives Bill Sammon for their involvement in calling the state of Arizona for Biden on election night. The early call of the close result in the state upset the Trump camp and alienated his supporters.

At the time, Fox News said Stirewalt departed as part of a reorganization and Sammon retired.

But the motion said Rupert Murdoch himself signed off on the decision to sever Stirewalt and Sammon from the company in an effort to assuage angry viewers who defected.

The motion cited a communication from Dana Perino, co-host of Fox News show “The Five,” describing a phone call with Stirewalt after his dismissal.

“I explained to him — you were right, you didn’t cave, and you got fired for doing the right thing,” Perino said.

Both Sammon and Stirewalt now work in the Washington bureau of NewsNation, the cable news network owned by Nexstar Media Group.

Newsmax will pay $67 million to settle a defamation suit filed by Dominion Voting Systems over false claims about voter fraud in the 2020 election that aired on the right wing news channel.

The network announced the settlement with the voting equipment maker Monday, but did not apologize for its reporting.

“Newsmax believed it was critically important for the American people to hear both sides of the election disputes that arose in 2020,” the company said in a statement. “We stand by our coverage as fair, balanced, and conducted within professional standards of journalism.”

Earlier this year, Delaware Court Judge Eric Davis ruled that Newsmax made defamatory statements about Dominion in its reporting on President Trump’s allegations that the company was involved in rigging the 2020 presidential election to favor Joe Biden.

He was ready to send the case to a jury that would have determined if Newsmax acted with malice and whether any damages should be awarded to Dominion.

Newsmax was among the channels presenting false claims by President Trump’s allies and supporters that Dominion, a provider of vote-counting machines and software, was created in Venezuela to rig elections for leader Hugo Chavez and that it has the ability to switch votes.

“We are pleased to have settled this matter,” a Dominion representative said in a statement.

Fox News settled a similar case with Dominiion in April 2023 for $787.5 million after it aired incorrect election claims.

Newsmax previously settled a defamation suit filed by Smartmatic, another voting equipment company that has sued right wing outlets over their reporting on Trump’s false claims. The terms of the settlement were confidential.

In that case, Davis also ruled that false statements were made, but ruled that Smartmatic had to prove the actual financial damage of Newsmax’s actions.

Smartmatic is in litigation with Fox News, looking for $2.7 billion in damages. If the case isn’t settled, it will go trial in New York next year.

Fox News has argued that there is no evidence Smartmatic has lost any business due to its reporting. The network argued that reporting on Trump’s false claims was newsworthy and protected under the 1st amendment.

Donald Trump has now thoroughly sullied the office of the presidency.

I’m not talking about the Oval Office, with its new, gaudy gilt trappings that seem to spread by the day, as if the famously nocturnal president multitasks there while others sleep, tapping out his nasty late-night social media screeds between applying more layers of the gold leaf fit for a king. Those golden geegaws are simply Trump’s literal stain on the Oval Office.

I’m talking about the figurative taint: What Trump does and says there by day, in full view of the media cameras, reporters and fawning retainers invited for his performances. With that behavior he besmirches not just the actual Oval Office but the very idea of the office of the president of the United States.

Who can forget, as much as one would like to, Trump’s bullying humiliation of Ukraine’s war-hero President Volodymyr Zelensky in February, and, in May, his premeditated attack on President Cyril Ramaphosa of South Africa, with false claims of that nation’s genocide against white Afrikaner farmers?

But Trump’s performative power play on Tuesday arguably tops them all for shame. Alas, this time his target — President Obama — wasn’t present to push back. The bully wouldn’t dare get in Obama’s face, knowing his predecessor’s counterpunch against the lies could be a knockout. (In Obama’s presence, in fact, Trump is all cringey banter and bonhomie, as at Jimmy Carter’s funeral earlier this year, when the other former presidents snubbed him.)

The word “unprecedented” is used a lot, justifiably, to describe Trump’s actions, but never was it more apt: The sitting president baselessly alleged that the former president was “treasonous” — a crime punishable by death — and all but ordered his law-enforcement minions to arrest, prosecute and imprison the man.

(Apparently Trump, convicted fraudster and adjudicated sexual abuser, forgot that last year — to avoid pre-election trials tied to his alleged crimes involving Jan. 6 and classified documents — he’d persuaded a deferential Supreme Court to give presidents virtual immunity from criminal prosecution. Narcissist that he is, perhaps Trump thinks the egregious ruling only applied to him, not to Obama and every other president past and future.)

“He’s guilty. This was treason,” Trump pronounced of Obama, falsely reviving conspiracies that the then-president and his inner circle lied about Russia’s pro-Trump meddling in the 2016 campaign as a way of undermining Trump’s legitimacy. But for eight years, Vladimir Putin’s 2016 election interference has been a well-established fact, documented by multiple investigations, including one led by then-Senate Intelligence Committee Chairman Marco Rubio, the Florida Republican who’s now Trump’s secretary of State.

As Trump fulminated against Obama, seated beside him in the Oval Office’s familiar wingback chairs was yet another foreign dignitary, Philippine President Ferdinand Marcos Jr., making him just the latest witness to how fully Trump has extinguished the United States’ beacon as a global exemplar of democratic norms and peaceful transfers of power.

Yes, Trump’s rant against Obama as well as Joe Biden, Hillary Clinton and other Democrats was yet another of his manic attempts over the past three weeks to distract from the morass of his handling of what’s known as the Jeffrey Epstein files — files in which his name appears, the Wall Street Journal reported Wednesday. The administration’s refusal to release federal records of the pedophilia and sex-trafficking investigation of the late billionaire and Trump friend — despite past promises from Trump, Atty. Gen. Pam Bondi, FBI Director Kash Patel and Patel deputy Dan Bongino — is a mess of their own making, and the first to draw condemnation from Trump’s otherwise loyal base. That’s what’s so unnerved the president.

And yes, we should avoid taking the bait of Trump’s distractions.

But… For a president in power to falsely allege that a former president is a traitor, and to suggest that his lickspittles at the Justice Department and FBI should act against that former president, is a distraction that must command Americans’ attention.

Certainly Obama, who’s long frustrated Democrats by his reticence about criticizing Trump, thinks so. On Tuesday he had a spokesman issue a stinger of a statement.

“Out of respect for the office of the presidency,” it began, “our office does not normally dignify the constant nonsense and misinformation flowing out of this White House with a response. But these claims are outrageous enough to merit one.” It pointedly alluded to Rubio’s supportive and bipartisan 2020 report to mock the “bizarre allegations” Trump is lodging.

The basis of Trump’s claims of Obama’s treason is a report released Friday by his Director of National Intelligence Tulsi Gabbard, the conspiracy-minded former Democratic congresswoman. Not coincidentally, Gabbard lately has been desperate to get back in Trump’s good graces, having fallen from favor in recent months. Her report, along with her criminal referral to the Justice Department against Obama and others, seems to have done the trick, at least for now. Trump is singing her praises.

Gabbard outlined what she calls a “treasonous conspiracy” by Obama and Democrats to bury findings that Russia did nothing to alter the 2016 result — Trump’s victory — and to promote the “hoax” that Trump owed his election to Russia. But Obama and his aides repeatedly assured Americans that Russia did not manipulate the actual 2016 vote by hacking election machinery. Instead, Obama and his team consistently held, along with subsequent investigators, that Russia’s interference was limited to an internet-based campaign of trolls and bots promoting Trump and denigrating Clinton to U.S. voters. They never claimed that meddling determined the election outcome.

Here’s the irony: Trump is building a false case against Obama to distract his restive base from the very real case involving his pal and fellow playboy Epstein, one in which he may or may not be implicated in wrongdoing, and from his failure to bring Epstein’s elite accomplices to justice. Yet by doing so, Trump is again setting up his followers for disappointment and disillusionment. Because there is no Obama case, and so no “justice” for the salivating base.

It’s a sordid quandary that Trump deserves. Too bad he’s brought it into the presidency.

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