Murdochs Reportedly Blessed Fox News Plan to Broadcast 2020 Election Fraud Claims, Hearing Reveals.

In a key court hearing on Tuesday, a attorney for the voting technology company Smartmatic contended that top executives at Fox News, including Rupert and Lachlan Murdoch, sanctioned a conscious strategy to embrace baseless assertions of election fraud championed by Donald Trump.

“Their core viewers, their primary audience, deserted them,” declared J Erik Connolly, the company's attorney. “What was their response? They revert to what they know best: they return back to misinformation, political propaganda and xenophobia. The election narrative and the election fraud claims were the ideal tool for them to return to their central messaging.”

A Multi-Billion Dollar Defamation Case Is at Stake

In oral arguments, both parties urged with the New York state supreme court judge David B Cohen to rule on essential aspects of Smartmatic's $2.7bn legal action ahead of a possible trial in the coming year. The company argues that Fox executives devised a plan to “pivot” to the former president's allegations to win back angry viewers.

The Network's Strong Denial

A lawyer for Fox News, representing the network, vigorously denied these accusations. “No campaign of misinformation was authorized,” he stated. “It is total bunk. It is not supported by the record. It is hogwash. It was fabricated by opposing counsel.”

He added that the Murdochs, who ultimately controlled the network, “issued no directives to cover Smartmatic or the election fraud allegations.”

The Central Legal Hurdle: Proving “Actual Malice”

To win its case, the company will have to demonstrate that important personnel at Fox News were aware the allegations were false but allowed them to be aired regardless. Through legal motions, Smartmatic has pointed to internal communications showing hosts like Jeanine Pirro and Maria Bartiromo expressing doubt 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 financial losses from the broadcasts. Fox maintains its personalities were simply reporting on newsworthy allegations from the president's allies, not promoting them.

“This suit really isn't about Fox's coverage of the 2020 election,” the Fox lawyer stated. “It concerns Smartmatic's effort to seize on remarks made by the president's lawyers to rescue its financial livelihood.”

A Precedent Looms Large

The arguments closely mirror the successful legal action brought by Dominion Voting Systems against Fox. In that case, a judge's pre-trial rulings proved critical, ruling that Fox's broadcasts were false and inherently damaging.

That ruling was later cited as a key factor in Fox's decision to settle with Dominion for $787.5 million. A former Fox executive noted that the court's initial decisions had “severely limited” the company's legal defense at trial.

Judge Cohen's Stance

The presiding judge gave no clear hints of his leaning but told Smartmatic's lawyer that establishing “knowledge of falsity” for a pre-trial ruling would be a “difficult task.” He said he planned to review all pertinent broadcasts before issuing his rulings.

“I think I have more than enough information, evidence, briefings, charts, graphs and everything I need to reach a verdict,” he informed the parties in the lawsuit.