¶ Trump Influenced Fox On Big Lie
¶ TRUMP AND ONLINE COMMENTATORS INFLUENCED LAURA INGRAHAM ON DOMINION CONSPIRACY THEORIES
Laura Ingraham’s Producer Texted Fox Executive That Despite Telling Ingraham That The Dominion Information Was “BS,” “She Sees Shit Posters And Trump Tweeting About It.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “G. ‘This Dominion shit is going to give me a fucking aneurysm.’ By November 12, Dominion became a focal point of discussion within multiple shows at Fox. Spurred by the November 8 Bartiromo broadcast, the wild Dominion allegations entered the mainstream. That day, Ingraham's producer 29 Tommy Firth texted Ron Mitchell, one of the Fox executives responsible for overseeing Ingraham's show. Firth bluntly captured the dilemma: ‘This dominion shit is going to give me a fucking aneurysm - as many times as I've told Laura bs, she sees shit posters and trump tweeting about it’” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Trump Attempted To Get On Fox On January 6
¶ TRUMP ATTEMPTED TO APPEAR ON FOX ON JANUARY 6 AFTER THE ATTACK ON THE CAPITOL
Trump Attempted To Appear On Lou Dobbs’ Show On January 6 After The Capitol Was Under Attack. According a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “The afternoon of January 6, after the Capitol came under attack, then President Trump dialed into Lou Dobbs’ show attempting to get on air. But Fox executives vetoed that decision. Why? Not because of a lack of newsworthiness. January 6 was an important event by any measure. President Trump not only was the sitting President, he was the key figure that day. But Fox refused to allow President Trump on air that evening because ‘it would be irresponsible to put him on the air’ and ‘could impact a lot of people in a negative way.’ Ex.133, Petterson 402:18-403:21.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Trump Attempted To Appear On Fox The Evening Of January 6. According a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “The afternoon of January 6, after the Capitol came under attack, then President Trump dialed into Lou Dobbs’ show attempting to get on air. But Fox executives vetoed that decision. Why? Not because of a lack of newsworthiness. January 6 was an important event by any measure. President Trump not only was the sitting President, he was the key figure that day. But Fox refused to allow President Trump on air that evening because ‘it would be irresponsible to put him on the air’ and ‘could impact a lot of people in a negative way.’ Ex.133, Petterson 402:18-403:21.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Trump Operatives Directly Reached Out To Fox
¶ JARED KUSHNER CALLED RUPERT MURDOCH ON ELECTION NIGHT 2020 AFTER FOX CALLED ARIZONA FOR BIDEN
Rupert Murdoch Said Jared Kushner Called Him On Election Night 2020 About The Arizona Result. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “During Trump’s campaign, Rupert provided Trump’s son-in-law and senior advisor, Jared Kushner, with Fox confidential information about Biden’s ads, along with debate strategy. Ex.600, R.Murdoch 210:6-9; 213:17-20; Ex.603 (providing Kushner a preview of Biden’s ads before they were public). But, on election night, Rupert would not help with the Arizona call. As Rupert described it: ‘My friend Jared Kushner called me saying, ‘This is terrible,’ and I could hear Trump's voice in the background shouting.’ Ex.600, R.Murdoch 65:6-8. But Rupert refused to budge: ‘And I said, ‘Well, the numbers are the numbers.’’ Id. 65:9.”[Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Kushner Told Murdoch “This Is Terrible,” But Murdoch Told Kushner He Could Not Help. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “During Trump’s campaign, Rupert provided Trump’s son-in-law and senior advisor, Jared Kushner, with Fox confidential information about Biden’s ads, along with debate strategy. Ex.600, R.Murdoch 210:6-9; 213:17-20; Ex.603 (providing Kushner a preview of Biden’s ads before they were public). But, on election night, Rupert would not help with the Arizona call. As Rupert described it: ‘My friend Jared Kushner called me saying, ‘This is terrible,’ and I could hear Trump's voice in the background shouting.’ Ex.600, R.Murdoch 65:6-8. But Rupert refused to budge: ‘And I said, ‘Well, the numbers are the numbers.’’ Id. 65:9.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Murdoch Said He Could Hear Trump Shouting In The Background Of Call With Kushner. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “During Trump’s campaign, Rupert provided Trump’s son-in-law and senior advisor, Jared Kushner, with Fox confidential information about Biden’s ads, along with debate strategy. Ex.600, R.Murdoch 210:6-9; 213:17-20; Ex.603 (providing Kushner a preview of Biden’s ads before they were public). But, on election night, Rupert would not help with the Arizona call. As Rupert described it: ‘My friend Jared Kushner called me saying, ‘This is terrible,’ and I could hear Trump's voice in the background shouting.’ Ex.600, R.Murdoch 65:6-8. But Rupert refused to budge: ‘And I said, ‘Well, the numbers are the numbers.’’ Id. 65:9.”[Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ TRUMP STAFFERS AND ALLIES REACHED OUT TO FOX NEWS’ BILL SAMMON AFTER THE NETWORK CALLED ARIZONA FOR BIDEN
Minutes After Fox Called Arizona For Biden, Then-White House Chief Of Staff Mark Meadows Called Fox News Washington Bureau Managing Editor Bill Sammon. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257 EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “C. Fox's Election Day Coverage and Backlash. election day, Fox was the first outlet to call Arizona for Biden a call that infuriated viewers, conservative activists, and the White House. Within minutes of the 11:20 pm Arizona call, Fox News SVP and Managing Editor of the Washington Bureau Bill Sammon received an angry text from a member of Trump's team claiming it was WAY too soon to be calling Arizona. Ex.192 Ex.140, Sammon 107:8-108:11. Minutes later Sammon received a similarly angry phone call from White House Chief of Staff Mark Meadows. Ex.140, Sammon 108:12-110:4.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Trump Team Member Sent Angry Text To Sammon Within Minutes Of Fox Calling The Arizona Election For Biden. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257 EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “C. Fox's Election Day Coverage and Backlash. election day, Fox was the first outlet to call Arizona for Biden a call that infuriated viewers, conservative activists, and the White House. Within minutes of the 11:20 pm Arizona call, Fox News SVP and Managing Editor of the Washington Bureau Bill Sammon received an angry text from a member of Trump's team claiming it was WAY too soon to be calling Arizona. Ex.192 Ex.140,Sammon 107:8-108:11. Minutes later Sammon received a similarly angry phone call from White House Chief of Staff Mark Meadows. Ex.140,Sammon 108:12-110:4.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Fox Fired Sammon To Appease Trump Supporters
Murdoch Suggested Firing Sammon “Right Away” Because It Would “Be A Big Message With Trump People.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Rupert ‘could have suggested at any point to fire Lou Dobbs.’ Id. 172:19-22. However, he had good reason to keep him around through the 2020 election, despite believing he was an ‘extremist’ as of September 2020, id. 179:6-13: Dobbs was popular with both Trump and his supporters, and ‘Nobody wants Trump as an enemy’ ‘Because he had a great following, big following,’ id. 80:14-21; see Ex.707; Ex.600, R.Murdoch 291:15-20 (‘[W]e all know that Trump has a big following. If he says, ‘Don’t watch Fox News,’ maybe some don’t.’); cf. id. 263:22-24 (Newsmax was ‘airing baseless charges of election fraud’ because it was what ‘would be popular with the Trump core’). As Fox fought to retain that important viewer base against Newsmax in the wake of the 2020 Presidential election, Dobbs remained. Rupert and Lachlan likewise decided to extend Scott’s contract in the midst of Fox’s election coverage. Ex.708. Conversely, Sammon presided over the deeply unpopular Arizona call. Thus, despite the call’s accuracy, Rupert suggested, ‘Maybe best to let Bill go right away,’ which would ‘be a big message with Trump people.’ Ex.682. Sammon was indeed ‘told the inevitable’ that day (November 20, 2020). Id.; see Ex.600, R.Murdoch 241:15-242:23.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
November 20, 2020: Sammon Was “Told The Inevitable.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Rupert ‘could have suggested at any point to fire Lou Dobbs.’ Id. 172:19-22. However, he had good reason to keep him around through the 2020 election, despite believing he was an ‘extremist’ as of September 2020, id. 179:6-13: Dobbs was popular with both Trump and his supporters, and ‘Nobody wants Trump as an enemy’ ‘Because he had a great following, big following,’ id. 80:14-21; see Ex.707; Ex.600, R.Murdoch 291:15-20 (‘[W]e all know that Trump has a big following. If he says, ‘Don’t watch Fox News,’ maybe some don’t.’); cf. id. 263:22-24 (Newsmax was ‘airing baseless charges of election fraud’ because it was what ‘would be popular with the Trump core’). As Fox fought to retain that important viewer base against Newsmax in the wake of the 2020 Presidential election, Dobbs remained. Rupert and Lachlan likewise decided to extend Scott’s contract in the midst of Fox’s election coverage. Ex.708. Conversely, Sammon presided over the deeply unpopular Arizona call. Thus, despite the call’s accuracy, Rupert suggested, ‘Maybe best to let Bill go right away,’ which would ‘be a big message with Trump people.’ Ex.682. Sammon was indeed ‘told the inevitable’ that day (November 20, 2020). Id.; see Ex.600, R.Murdoch 241:15-242:23.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ BARTIROMO SAID SHE SPOKE WITH ERIC TRUMP
November 7, 2020: Maria Bartiromo Told Powell She Had Spoken Recently With Eric Trump. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Also on November 7, Bartiromo and Dobbs received the ‘wackadoodle’ email authored by the person who received messages from ‘the wind.’ Ex.154. Although Bartiromo now calls it nonsense, at the time she told Powell: just spoke to Eric [Trump] & told him you gave very imp[ortant] info." Ex.259. Bartiromo also provided information directly to Powell. See Exs.260-262; Ex.98, Bartiromo 291:17-292:14, 293 :1-295:2.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Bartiromo Said She Told Eric Trump Information Powell Had Passed On Was Very Important. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Also on November 7, Bartiromo and Dobbs received the ‘wackadoodle’ email authored by the person who received messages from ‘the wind.’ Ex.154. Although Bartiromo now calls it nonsense, at the time she told Powell: just spoke to Eric [Trump] & told him you gave very imp[ortant] info." Ex.259. Bartiromo also provided information directly to Powell. See Exs.260-262; Ex.98, Bartiromo 291:17-292:14, 293 :1-295:2.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ TUCKER CARLSON SAID HE TRIED TO MAKE THE TRUMP WHITE HOUSE DISAVOW POWELL
Tucker Carlson Told Ingraham “I Had To Try To Make The WH Disavow Her.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “That day, Trump disavowed Powell and stated that she did not represent Trump or the campaign . Ex.273 . Carlson told Ingraham: Powell's a nut, as you said at the outset. It totally wrecked my weekend . Wow I had to try to make the WH disavow her, which they obviously should have done long before " Ex.274. 42 Ingraham responds: No serious lawyer could believe what they were saying. Id.Carlson replies: But they said nothing in public. Pretty disgusting Id.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Carlson Texted His Executive Producer, “We Won The Battle With Powell.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “That same weekend , Tucker texted his Executive Producer Justin Wells We won the battle with Powell. Thank god. [...] said nothing in public about his own role in this affair or that he [...] believed the claims were reckless and unsubstantiated. But the blowback continued and the pressure increased.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
November 23, 2020: Top Fox Executives Pushed The White House To Disavow Powell. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “The evidence of both defendants’ participation in the defamation and the actual malice of those who participated is overwhelming. As FC Executive Raj Shah told Lachlan Murdoch, Suzanne Scott, and Viet Dinh on November 23 when they successfully lobbied the White House to disavow Sidney Powell, these claims were ‘outlandish.’ Ex.163. That statement is one of many along similar lines made by 7 both FC and FNN personnel. Fox, ‘the most trusted news source,’ knowingly spread these lies. Ex.654 p.4. The Court should deny Fox’s motions for summary judgment, and grant Dominion’s.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
In A Deposition, Raj Shah Said That He Had Reached Out To The Trump White House And Government To Either Support Or Disavow Powell To Advance The Story Away From Tucker Carlson. According to Exhibit E42 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD filed in Delaware Superior Court, “7· · · Q· · ·Sir, when you made the decision ·8· ·on November 20, 2020, to assist Tucker ·9· ·Carlson in dealing with negative fallout 10· ·from his comments about Sidney Powell in 11· ·his November 19th show, just tell the jury 12· ·what was your goal in assisting him. 13· · · A· · ·My goal was to try to get sources 14· ·within the government, within the White 15· ·House, sources with authority, with access 16· ·to either national security, law 17· ·enforcement sensitive information, to 18· ·either provide evidence to support Ms. 19· ·Powell's allegations against Dominion or 20· ·to say there was no evidence to support 21· ·Ms. Powell's allegations, one or the 22· ·other. 23· · · Q· · ·And please tell the jury, why did 24· ·you believe that could or might be of 1· ·assistance to Mr. Carlson? ·2· · · · · · · · MS. BROOK:· Objection.· Form. ·3· · · · · · · · THE WITNESS:· Well, in either ·4· · · · ·scenario, the story or narrative about ·5· · · · ·Ms. Powell and Dominion would be ·6· · · · ·advanced and Mr. Carlson would no ·7· · · · ·longer be the story, no longer be a ·8· · · · ·source of criticism.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
¶ TOP FOX NEWS OFFICIALS PUSHED TRUMP CAMPAIGN TO DISAVOW POWELL
Viet Dinh Was The Senior Most Lawyer In Fox’s Corporate Structure. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Viet Dinh. Viet Dinh is the most senior lawyer in Fox’s entire corporate structure. Ex.601, Dinh 8:25-9:7. Documents show that Dinh heavily involved himself in FNN issues, particularly in the November 2020 through January 2021 period. Dinh received nightly updates from Briganti on FNN public relations, id. 89:23-90:22; Ex.710; Ex.711; Ex.712; Ex.713; got weekly “brand protection unit” updates from Shah about FNN, Ex.601, Dinh 90:23-93:11, Ex.612, and even assigned his direct report Shah to handle public relations directly for Tucker Carlson, Ex.601, Dinh 69:11-71:7. Shah reported both to Dinh and, for that limited purpose, to Irina Briganti, ‘so as to make sure that that function was still supervised by the Chief Communications Officer of Fox News.’ Id. 70:22-71:7. Dinh claimed not to understand whether he had authority to order shows not to have particular guests, but said if he had that authority, it would only be ‘on the basis of my role as a lawyer.’ Id. 252:2-11, 256:3-9. Of course, stopping guests coming on to prevent defamation exposure is a legal issue.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Dinh And His Direct Report [Raj] Shah Were Directly Involved In Fox Pushing For The Trump Campaign To Disavow Powell. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “To that point, Dinh and his direct report Shah were directly involved in Fox pushing to have its guest Powell disavowed by the Trump Campaign following Tucker Carlson’s reporting. Shah ‘coordinated an effort to generate Trump campaign pushback against her claims,’ in Shah’s own words, which he emailed to his supervisor Dinh. Ex.721. Dinh admitted this was an example of coordination by Fox Corp and FNN to protect Tucker Carlson and ‘Fox News’ reputation,’ which ultimately was successful and ‘contributed’ to Powell’s disavowal. Ex.601, Dinh 234:19-238:16. Dinh plainly knew Powell was unreliable in November 2020.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
- Raj Shah Ran The Brand Protection Unit. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Raj Shah. Shah’s Brand Protection unit is responsible for monitoring ‘organized activity criticizing the entire network.’ Ex.605, Shah 66:18-67:9; see Ex.695; Ex.605, Shah 299:4-300:8; Ex.696. Shah additionally assisted in general communications work for Tucker Carlson. This assignment, blessed by Viet Dinh, resulted in Shah becoming enmeshed in Carlson’s team. Ex.605, Shah 298:10-299:1. Shah was regularly included in correspondence regarding Carlson’s anticipated and actual programming, and thus had an opportunity to comment on it. See, e.g., id. 309:20-310:7.”[Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Shah “Coordinated An Effort To Generate Trump Campaign Pushback Against [Powell’s] Claims” And Kept Dihn Informed. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “To that point, Dinh and his direct report Shah were directly involved in Fox pushing to have its guest Powell disavowed by the Trump Campaign following Tucker Carlson’s reporting. Shah ‘coordinated an effort to generate Trump campaign pushback against her claims,’ in Shah’s own words, which he emailed to his supervisor Dinh. Ex.721. Dinh admitted this was an example of coordination by Fox Corp and FNN to protect Tucker Carlson and ‘Fox News’ reputation,’ which ultimately was successful and ‘contributed’ to Powell’s disavowal. Ex.601, Dinh 234:19-238:16. Dinh plainly knew Powell was unreliable in November 2020.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ PIRRO LAUNDERED HER CONSPIRACY THEORIES THROUGH POWELL
Pirro Fed Conspiracy Theories To Powell. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Perhaps most damning for Fox is Pirro’s laundering of her own conspiracy theories through Powell. As explained above, Pirro fed conspiracy theories to Powell, bragging to her friends that she was the source for Powell’s claims, supra p.44—something she never told her audience.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Pirro Bragged To Her Friends That She Was The Source For Powell’s Claims. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Perhaps most damning for Fox is Pirro’s laundering of her own conspiracy theories through Powell. As explained above, Pirro fed conspiracy theories to Powell, bragging to her friends that she was the source for Powell’s claims, supra p.44—something she never told her audience.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ POWELL PUSHED CONSPIRACY THEORY IN AN EMAIL TO FOX NEWS PERSONALITIES
Powell Sent Dobbs An Email Claiming That The 2020 Election Was A “Cyber Pearl Harbor” And Dominion “Executed An Electoral 9-11 Against The United States.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Powell had sent her claims about a Cyber Pearl Harbor to Dobbs (who forwarded to his team) in advance of the show. Ex.450;Ex.451. Prior to the show, Dobbs published a tweet to the @loudobbs Twitter account with the claim that ‘The 2020 Election is a cyber Pearl Harbor,’ and embedding the very document Powell had sent to him just hours before which stated that Dominion was one of four entities that had ‘executed an electoral 9-11 against the United States’ and a ‘cyber Pearl Harbor,’ that ‘there is an embedded controller in every Dominion machine,’ and that they had ‘contracts, program details, incriminating information, and history’ proving these claims .¶179(p); Appendix D.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
November 7, 2020: Fox News Hosts Bartiromo And Dobbs Received The “Wackadoodle” Email From Person Who Received Messages From “The Wind.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Also on November 7, Bartiromo and Dobbs received the ‘wackadoodle’ email authored by the person who received messages from ‘the wind.’ Ex.154. Although Bartiromo now calls it nonsense, at the time she told Powell: just spoke to Eric [Trump] & told him you gave very imp[ortant] info." Ex.259. Bartiromo also provided information directly to Powell. See Exs.260-262; Ex.98, Bartiromo 291:17-292:14, 293 :1-295:2.”[Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Powell’s Source For Election Information Got Her Information From “The Wind” While Experiencing Something “Like Time-Travel In A Semi-Conscious State”
Powell’s Source For “Election Fraud Information” She Shared On Bartiromo’s Show Got Her Information From “The Wind” While Experiencing “Like Time-Travel In A Semi-Conscious State.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “No such doubt ever existed, though, because Powell sent Bartiromo an email prior to the interview with the subject line ‘Election Fraud Info’ which Bartiromo forwarded to Grossberg with information from a woman claiming Dominion's software flips votes from Trump to Biden and tying Dominion to a conspiracy theory involving Nancy Pelosi and Senator Dianne Feinstein. Ex.154. In the same email, Powell's singular source explained that Roger Ailes (who, as previously noted, had died years ago) ‘huddles’ every day with Rupert Murdoch about airing anti-Trump material, and that Justice Scalia was killed in a ‘human hunting expedition.’ Id.at FNN001_00000010. Powell's source also explained that she gets her information from experiencing something ‘like time-travel in a semi-conscious state,’ allowing her to ‘see what others don't see, and hear what others don't hear,’ and she received messages from ‘the wind.’ Id.at FNN001_00000011. Bartiromo read this email at the time: she responded to Powell saying she had shared this ‘very imp[ortant] info’ with Eric Trump. Ex.259. Powell provided Bartiromo with no other evidence for her claims about Dominion. Ex.98, Bartiromo 147:6-15.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Powell’s Source For Election Fraud Information: “The Wind Tells Me I'm A Ghost, But I Don't Believe It.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257 EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “What was the evidence for these far- fetched claims that Powell sent to Bartiromo the day before the broadcast? An email entitled Election Fraud Info Powell had received from a source" which the author herself describes as pretty wackadoodle Ex.154 at FNN001_0000009-11. This email also received by Dobbs alleged Dominion was the one common thread in the voting irregularities in a number of states. Ex.154 at FNN001_00000009 Ex.98, Bartiromo 123:19-134:13. In addition to promoting lies about Dominion, the sender claimed that Justice Scalia was purposefully killed at the annual Bohemian Grove camp during a weeklong human hunting expedition and that former Fox News CEO Roger Ailes (who died in 2017) and Rupert Murdoch secretly huddle most days to determine how best to portray Mr. Trump as badly as possible Ex.154 at FNN001_00000010 . The author continued: Who am I? And how do know all of this? I've had the strangest dreams since I was a little girl… I was internally decapitated, and yet, I live The Wind tells me I'm a ghost, but I don't believe it. Id. at FNN001_00000011; Ex.98,Bartiromo 133:25-134 :13. The full force of the email's lunacy comes across by reading it in its entirety . Ex.154.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Powell’s Source For Election Information Was “Internally Decapitated”
Powell’s Source For Election Fraud Information Wrote, “Who Am I? And How Do Know All Of This? I've Had The Strangest Dreams Since I Was A Little Girl… I Was Internally Decapitated, And Yet, I Live.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257 EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “What was the evidence for these far- fetched claims that Powell sent to Bartiromo the day before the broadcast? An email entitled Election Fraud Info Powell had received from a source" which the author herself describes as pretty wackadoodle Ex.154 at FNN001_0000009-11. This email also received by Dobbs alleged Dominion was the one common thread in the voting irregularities in a number of states. Ex.154 at FNN001_00000009 Ex.98, Bartiromo 123:19-134:13. In addition to promoting lies about Dominion, the sender claimed that Justice Scalia was purposefully killed at the annual Bohemian Grove camp during a weeklong human hunting expedition and that former Fox News CEO Roger Ailes (who died in 2017) and Rupert Murdoch secretly huddle most days to determine how best to portray Mr. Trump as badly as possible Ex.154 at FNN001_00000010 . The author continued: Who am I? And how do know all of this? I've had the strangest dreams since I was a little girl… I was internally decapitated, and yet, I live The Wind tells me I'm a ghost, but I don't believe it. Id. at FNN001_00000011; Ex.98,Bartiromo 133:25-134 :13. The full force of the email's lunacy comes across by reading it in its entirety . Ex.154.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Powell’s Source For Election Information Said Scalia Was Killed As Part Of A Human Hunting Expedition
Sidney Powell’s Source Of Evidence For Election Fraud “Claimed That Justice Scalia Was Purposefully Killed At The Annual Bohemian Grove Camp During A Weeklong Human Hunting Expedition And That Former Fox News CEO Roger Ailes (Who Died In 2017) And Rupert Murdoch Secretly Huddle Most Days To Determine How Best To Portray Mr. Trump As Badly As Possible.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257 EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “What was the evidence for these far- fetched claims that Powell sent to Bartiromo the day before the broadcast? An email entitled Election Fraud Info Powell had received from a source" which the author herself describes as pretty wackadoodle Ex.154 at FNN001_0000009-11. This email also received by Dobbs alleged Dominion was the one common thread in the voting irregularities in a number of states. Ex.154 at FNN001_00000009 Ex.98, Bartiromo 123:19-134:13. In addition to promoting lies about Dominion, the sender claimed that Justice Scalia was purposefully killed at the annual Bohemian Grove camp during a weeklong human hunting expedition and that former Fox News CEO Roger Ailes (who died in 2017) and Rupert Murdoch secretly huddle most days to determine how best to portray Mr. Trump as badly as possible Ex.154 at FNN001_00000010 . The author continued: Who am I? And how do know all of this? I've had the strangest dreams since I was a little girl was internally decapitated, and yet, I live The Wind tells me I'm a ghost, but I don't believe it. Id. at FNN001_00000011; Ex.98,Bartiromo 133:25-134 :13. The full force of the email's lunacy comes across by reading itin its entirety . Ex.154.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Fox Said Sidney Powell Never Sent Them Evidence
Fox Admitted That Sidney Powell Never Provided Fox With Any Evidence. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Normally the plaintiff does not inform the defendant about the falsity of the allegations during the course of the defamation itself Here, however, Dominion 4 repeatedly told Fox and urged it to stop publishing these debunked and completely false claims. E.g., Ex.339; Ex.340; see, infra, §V.A. Fox admits Sidney Powell and her team never provided Fox with any evidence. Ex.128,Lowell 30(b)(6) 285:10-13, 286:3-13 .” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Murdoch Called Powell “That Crazy Would Be Lawyer”
Rupert Murdoch Called Sidney Powell “That Crazy Would Be Lawyer.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, As set forth above, Rupert knew that FNN was inviting guests on air to spread lies pulling Dominion into the center of an unsubstantiated election fraud narrative. He knew as early as November 9 that Bartiromo’s show the previous day aired allegations about a ‘software computer program to switch and add votes, which would help explain the reason for the vote stoppage.’ Ex.709; Ex.600, R.Murdoch 235:23-241:5. He ‘assumed’ Giuliani was ‘pushing’ these claims on FNN and conceded “I knew that—about Rudy.” Ex.600, R.Murdoch 316:4-8. After initially denying it, he conceded he read an article specifically discussing how ‘the network’s top-rated opinion hosts have continued to entertain the increasingly loony conspiracy theory that the election was stolen from Trump through widespread voter fraud’ and detailing the appearances on the network by Giuliani and Powell. Ex.636; Ex.600, R.Murdoch 134:6-135:18, 138:2-21. Rupert in fact acknowledged there was ‘some truth’ to the Mediaite article but thought ‘we [Fox] are navigating it pretty well.’ Ex.634. And he mentioned Tucker Carlson’s segment calling out ‘that crazy would be lawyer,’ i.e, Powell. Id.; Ex.600, R.Murdoch 138:18-139:4. He could have stopped FNN’s coverage of these lies: ‘I could have. But I didn’t.’ Ex.600, R.Murdoch 317:2-6. He didn’t because that coverage was part of a conscious strategy to ‘straddle the line’ and allow hosts and guests to spread and endorse these conspiracy theories. Id. 139:14-22; supra p.32. [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ Fox Producer Said They Thought Powell Was On LSD, Cocaine, Heroin, And Shrooms
Dobbs’ Producer John Fawcett Texted That He Thought Powell Was “Doing Lsd And Cocaine And Heroin And Shrooms.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Dobbs also kept from his viewers repeated official confirmations from government officials that the Antrim County ‘anomaly’ was caused by human error and not Dominion machines; information about Dominion’s ownership; and continued confirmation by Republican government officials, including in Arizona and Georgia, that hand-count audits continued to prove the Dominion machines worked properly. See, e.g., Ex.439, Ex.440, Ex.441; Dom. MSJ pp.92-95, 123-128. Dominion had been sending Dobbs and his producers this information for days at this point. Ex.111, Dobbs 112:17-114:4, 118:18-119:4, 122:15-124:19; Ex.363. Dobbs also admits he did not tell his viewers that he “had not seen any verifiable, tangible support that Dominion was owned by a company that was formed to fix elections.” Ex.111, Dobbs 65:7-15. In fact, as FC CLPO Dinh explained, he was ‘pretty easily’ (his words) able at the time to ‘look up and find out’ evidence that debunked this lie that Dominion was ‘owned by a company founded in Venezuela to rig elections for Hugo Chavez.’ Ex.601, Dinh 26:11-27:19. And John Fawcett, Dobbs’ own producer, had reason to doubt Powell’s credibility, texting others prior to the show that he thought Powell was ‘doing lsd and cocaine and heroin and shrooms.’ Ex.442.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ Fox Executive Called Powell’s Claims “Mind Blowingly Nuts” And “Totally Insane”
Fox Executive Called Powell’s Claims “Just MIND BLOWINGLY NUTS.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “On November 20, Shah communicated with a producer for Carlson’s show about whether to address an affidavit Sidney Powell was offering as proof of fraud. 156 Shah explained: ‘Might wanna address this, but this stuff is so fucking insane. Vote rigging to the tune of millions? C’mon…..I don’t think it’s wise to revisit tonight beyond addressing the affidavit…her specific claim…not new info, not proof, then pivot to being deferential…we hope she is able to provide the evidence in court and we’ll bring it to viewers when they do.’ Ex.701. The very next day, Shah again offered his advice to Carlson’s production team, suggesting: ‘We Def shouldn’t engage [re Powell interview]. This is an op to discredit her, since it’s totally insane….It’s just MIND BLOWINGLY NUTS.’ Ex.718.”[Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Fox Executive Called Powell’s Claims “An Op To Discredit Her, Since It’s Totally Insane.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “On November 20, Shah communicated with a producer for Carlson’s show about whether to address an affidavit Sidney Powell was offering as proof of fraud. 156 Shah explained: ‘Might wanna address this, but this stuff is so fucking insane. Vote rigging to the tune of millions? C’mon…..I don’t think it’s wise to revisit tonight beyond addressing the affidavit…her specific claim…not new info, not proof, then pivot to being deferential…we hope she is able to provide the evidence in court and we’ll bring it to viewers when they do.’ Ex.701. The very next day, Shah again offered his advice to Carlson’s production team, suggesting: ‘We Def shouldn’t engage [re Powell interview]. This is an op to discredit her, since it’s totally insane….It’s just MIND BLOWINGLY NUTS.’ Ex.718.”[Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Fox Executive Called Powell’s Claims “So Fucking Insane.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “On November 20, Shah communicated with a producer for Carlson’s show about whether to address an affidavit Sidney Powell was offering as proof of fraud. 156 Shah explained: ‘Might wanna address this, but this stuff is so fucking insane. Vote rigging to the tune of millions? C’mon…..I don’t think it’s wise to revisit tonight beyond addressing the affidavit…her specific claim…not new info, not proof, then pivot to being deferential…we hope she is able to provide the evidence in court and we’ll bring it to viewers when they do.’ Ex.701. The very next day, Shah again offered his advice to Carlson’s production team, suggesting: ‘We Def shouldn’t engage [re Powell interview]. This is an op to discredit her, since it’s totally insane….It’s just MIND BLOWINGLY NUTS.’ Ex.718.”[Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ BANNON TOLD BARTIROMO STOP THE STEAL MOVEMENT WAS TO DESTROY BIDEN
Bannon Told Bartiromo That The Stop The Steal Movement Was To Destroy Biden’s Presidency Before It Even Starts. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “71 million voters will never accept Biden. This process is to destroy hi presidency before it even starts; IF it even starts We either close on Trump victory or delelgitimize Biden THEPLAN Steve Bannon to Mari Bartiromo, November 10, 2020 (Ex.157)” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ TRUMP CAMPAIGN MAY HAVE REACHED OUT DIRECTLY TO LOU DOBBS’ PRODUCER
November 22, 2020: Dobbs’ Producer Texted The Host That The Trump Campaign Was “Calling Bullshit” On Powell. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Dobbs yet again bolstered Powell’s credibility in this segment, calling her ‘a great American,’ FNN Ex.A26 p.5, while failing to tell his audience that she had been disavowed by the Trump campaign just two days earlier. Ex.273. That was critical information he omitted, going directly to Powell’s credibility. Moreover, as Meade Cooper testified Powell was newsworthy ‘because of the fact that she was representing the President,’ and she ‘lost some news value’ once she was no longer representing him. Ex.108, Cooper 212:3-11. Dobbs’ own producer texted him with the news on November 22, saying the campaign was ‘calling bullshit’ on Powell. Ex.444. Yet Dobbs did not mention any of that to his audience.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ Trump Campaign Operatives Pushed The Big Lie And Election Related Conspiracy Theories In Appearances On Fox
¶ FOX HOSTS INTERVIEWED SIDNEY POWELL WHO SPREAD CONSPIRACY THEORIES
November 8, 2020: Maria Bartiromo Interviewed Sidney Powell And Placed Dominion At The Center Of A Conspiracy Theory. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257 EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Bartiromo: Sidney, we talked about the Dominion software. I know that there were voting irregularities. Tell me about Powell That's putting it mildly. The computer glitches could not and should not have happened at all. That is where the fraud took place, where they were flipping votes in the computer system or adding votes that did not exist. ( a) When Maria Bartiromo interviewed Sidney Powell on November 8 , 2020 , Fox placed Dominion at the center of a wide-ranging and inherently implausible conspiracy theory designed to perpetuate the myth that Donald Trump and not Joe Biden legitimately won the 2020 Presidential Election. See Ex.182.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Powell Said That Computer Glitches “Could Not And Should Not Have Happened At All. That Is Where The Fraud Took Place, Where They Were Flipping Votes In The Computer System Or Adding Votes That Did Not Exist.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257 EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Bartiromo: Sidney, we talked about the Dominion software. I know that there were voting irregularities. Tell me about Powell That's putting it mildly. The computer glitches could not and should not have happened at all. That is where the fraud took place, where they were flipping votes in the computer system or adding votes that did not exist. ( a) When Maria Bartiromo interviewed Sidney Powell on November 8 , 2020 , Fox placed Dominion at the center of a wide-ranging and inherently implausible conspiracy theory designed to perpetuate the myth that Donald Trump and not Joe Biden legitimately won the 2020 Presidential Election. See Ex.182.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Powell Claimed Dominion Had An “Algorithm” Used As Part Of A Coordinated Effort To Steal The Election. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Enter Maria Bartiromo. On Sunday November 8, Bartiromo hosted Sidney Powell on Sunday Morning Futures where Powell claimed that Dominion's software had an ‘algorithm’ used as part of a massive and coordinated effort to steal this election from Trump . ¶179(a). Bartiromo told Powell, I know that there were voting irregularities . Tell me about that. Id. Bartiromo knew Powell would respond with conspiracy theories about Dominion.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Powell Pushed Conspiracy Theories
Powell: “They Can Watch Votes In Real Time. They Can Shift Votes In Real Time. We've Identified Mathematically The Exact Algorithm They Used And Planned To Use From The Beginning To Modify The Votes In This Case To Make Sure Biden Won.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “[Powell ] They can watch votes in real time. They can shift votes in real time. We've identified mathematically the exact algorithm they used and planned to use from the beginning to modify the votes in this case to make sure Biden won ¶179(g).” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Powell: “All The Machines Are Infected With The Software Code That Allows Dominion To Shave Votes For One Candidate And Give Them To Another And Other Features That Do The Same Thing” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “[Powell] all the machines are infected with the software code that allows Dominion to shave votes for one candidate and give them to another and other features that do the same thing Different states shaved different amounts of votes, or the system was set up to shave and flip different votes in different states. ¶179(m ) ; see also ¶179( n) .” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Powell: “We're Talking About The Alteration And Changes In Millions Of Votes; Some Being Dumped That Were For President Trump , Some Being Flipped That Were For President Trump.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “[Powell] We're talking about the alteration and changes in millions of votes; some being dumped that were for President Trump , some being flipped that were for President Trump All kinds of different means of manipulating the Dominion and Smartmatic software that , of course , we would not expect Dominion or Smartmatic to admit. ¶179(e).” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
November 6, 2020: Powell Pushed CIA Super Computer “Hammer And Scorecard” Conspiracy Theory On Dobb’s Show. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “On November 6, Sidney Powell appeared on Lou Dobbs Tonight and told viewers about an implausible conspiracy theory not yet tied to Dominion involving a secret CIA program called ‘Hammer and Scorecard’ being a government supercomputer and Scorecard a software program run on that computer to change votes that ‘explains a lot of what we're seeing’ with vote tallies .Ex.206 at FNN018_02260592-93 ;Ex.462 (describing allegations and their implausibility) see also Ex.281 (debunking theory). Immediately after the appearance, Baier received an email about Hammer and Scorecard from a viewer: Sydney Powell just broke the story on Dobbs." Ex.279. Baier immediately asked Fox President Jay Wallace: What is this? Oh man. Id.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
November 13, 2023: Powell Went On Dobbs And Claimed Dominion’s “Sole Original Purpose” Was Fraud And Paid Kickbacks To Government Officials. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “This segment espouses both an overall false narrative that Dominion aided or caused electoral fraud and specific false assertions that Dominion used software and algorithms to manipulate votes, was formed by a Venezuelan vote-rigging company, and paid kickbacks to government officials that used Dominion systems. The assertions are unequivocal, readily understandable, provably false assertions of fact, touting ‘all the evidence we have collected on Dominion, starting with the fact it was created to produce altered voting results in Venezuela for Hugo Chavez,’ as well as ‘evidence on the financial interests of some of the governors and Secretaries of State who actually bought into the Dominion Systems, surprisingly enough – Hunter Biden type graft to line their own pockets by getting a voting machine in that would either make sure their election was successful or they got money for their family from it,’ and admonishing people to ‘come forward now and get on the right side of this issue and report the fraud they know existed in Dominion Voting Systems, because that’s what it was created to do. It was its sole original purpose.’” ¶179(c); Dom. MSJ App.D p.5; Ex.A7 p.6.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
November 14, 2020: Sidney Powell Appeared On Jeanine Pirro’s Show And Said, “It Was Created For The Express[] Purpose Of Being Able To Alter Votes And Secure The Reelection Of Hugo Chavez And Then Maduro.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “5. November 14, 2020 – Jeanine Pirro, Justice with Judge Jeanine, ¶179(e). Fox’s primary argument about this segment is a version of its ‘newsworthy allegation’ argument, with Fox seeking immunity (despite actual malice) on the grounds that ‘Pirro used qualifying language’ signaling Fox was not broadcasting 99 facts in this segment. But Powell’s language was unequivocal throughout. There is nothing tentative in statements like ‘It was created for the express[] purpose of being able to alter votes and secure the reelection of Hugo Chavez and then Maduro.’ ¶179(e), Dom. MSJ App.D pp.8-9, Ex.A9 p.9. That is a provably false statement, published (and republished) by Fox, for which Fox is liable. Supra pp.84-85. In any event, Pirro introduced the segment by telling viewers Powell ‘will explain what she has unearthed in the creation of Dominion,’ Ex.A9 p.2—not ‘what she is alleging,’ much less ‘what she is alleging with no evidence in support and all evidence to the contrary.’ That signaled to viewers they were about to hear facts.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
November 16, 2020: Powell Claimed On Dobbs’ Show That A “High Ranking Military Officer” Was Present When Software Was Designed To “Change The Vote Of Each Voter Without Being Detected.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “On November 16, Powell returned to Dobbs’ program and repeated the same falsehoods about the creation of Dominion's software, claiming that a ‘high-ranking military officer’ was present when the software was designed to ‘change the vote of each voter without being detected.’ Ex.8 at DOM_0071654722. When Dobbs prompted her about the relationship, she cut him off and said ‘Smartmatic owns Dominion,’ to which he replied ‘yes.’ Id. at DOM_0071654724 See (h) Appendix D (fraud, algorithm, and Venezuela lies).” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
November 19, 2020: Powell Made False Claims On Dobbs’ Show. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “10. November 19, 2020 – Lou Dobbs, Lou Dobbs Tonight, ¶179(j). In this segment, Dobbs played back some clips from the news conference earlier that day, and also hosted Powell on the show. Both in the clips and in her appearance on the show, Powell made numerous unequivocal factual assertions against Dominion, each of which were provably (and actually) false. Fox’s entire defense of this segment is to say it ‘was reporting on unproven allegations made by the President’s legal team.’ But that is not a defense. Supra pp. 52-70.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
November 24, 2020: Powell Made False Claims On Dobbs’ Show. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “12. November 24, 2020 – Lou Dobbs, Lou Dobbs Tonight, ¶179(l). The first portion of the accused statements here was an unequivocal assertion of fact: ‘[T]here’s no doubt that the software was created and used in Venezuela to control the elections and make sure that Hugo Chavez was always reelected …’ ¶179(l), Dom. MSJ App.D pp.23-24, Ex.A26 p.5. What software? ‘[T]he software used in the Dominion machines.’ Id. Powell follows this up by lying about being ‘inundated by evidence.’ Id. All that is actionable defamation, courtesy of Fox giving a platform to a woman Dobbs and his producer acknowledged two days before was making no sense and not ‘verifying anything she is saying.’ Ex.445.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
November 30, 2020: Powell Lied About Dominion On Dobbs’ Show Claiming, “All The Machines Are Infected With The Software Code That Allows Dominion To Shave Votes For One Candidate And Give Them To Another.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court,“13. November 30, 2020 – Lou Dobbs, Lou Dobbs Tonight, ¶179(m). Powell yet again made numerous unequivocal false factual assertions against Dominion in the segment, with precise meanings capable of being proven true or false, such as ‘all the machines are infected with the software code that allows Dominion to shave votes for one candidate and give them to another.’ ¶179(m), Dom. MSJ App.D p.24-26, Ex.A29 p.5. And Dobbs, with his own factual statements about the ‘lack of [integrity]’ in the election and ‘the crimes that have been committed against [Trump] and the American people,’ endorsed her lies. Id. p.6. None of Fox’s arguments about this segment absolve it of liability for knowingly publishing these false allegations defaming Dominion.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
November 30, 2020: Powell Claimed On Hannity That The Election Was Rigged By Dominion Through “An Algorithm.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court,“14. November 30, 2020 – Sean Hannity, Hannity, ¶179(n). Fox cannot seriously dispute that the statement by Sidney Powell at issue in this segment is an affirmative, unequivocal statement of fact, plainly accusing Dominion of rigging the election through ‘an algorithm.’ So Fox doesn’t even try. 121 Instead, it trots out its ‘newsworthy allegation’ defense, which the Court should reject as a matter of law. Supra pp.52-70.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
December 10, 2020: Powell On Dobbs’ Show: “We Now Have Reams And Reams Of Actual Documents From Smartmatic And Dominion, Including Evidence That They Planned And Executed All Of This…. We Have Evidence Of How They Flipped The Vote, How It Was Designed To Flip The Votes . And That All Of It Has Been Happening Just As We've Been Saying It Has Been.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Second, Fox did not frame the lies as a hypothetical. Unlike the assertion that voting machines have vulnerabilities, Fox's statements alleged manipulation actually occurred through software, algorithms, and external control by Dominion. For example, Sidney Powell declared on a December 10,2020 airing of Lou Dobbs Tonight, ‘We now have reams and reams of actual documents from Smartmatic and Dominion, including evidence that they planned and executed all of this…. We have evidence of how they flipped the vote, how it was designed to flip the votes . And that all of it has been happening just as we've been saying it has been.’ ¶179 (q)” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
December 10, 2022: Powell Went On Dobbs’ Show And Claimed That Voting Machines Were Designed To Rig Elections For Hugo Chavez. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Nonetheless, on the next day, December 10, Dobbs had Powell on again, where she repeated the false (and repeatedly debunked) story about the Smartmatic and Dominion machines being designed to flip votes to rig elections for Hugo Chavez, and allowing people to login and manipulate votes . See ¶179( ); Appendix D.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Powell Told Hannity, “The Machine Ran An Algorithm That Shaved Votes From Trump And Awarded Them To Biden.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Ex.164 That day , both Dobbs and Hannity hosted Sidney Powell. Powell told Hannity: ‘The machine ran an algorithm that shaved votes from Trump and awarded them to Biden. They used the machines to trash large batches of votes that should have been awarded to President Trump . And they used a machine to inject and add massive quantities of votes for Mr. Biden.’ ¶179(n). Even into December, Dobbs continued hosting Powell and endorsing those lies himself, describing these debunked falsehoods as a broadly coordinated effort to to actually bring down this President by ending his second term before it could begin. ).”[Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Powell Told Hannity, “They Used The Machines To Trash Large Batches Of Votes That Should Have Been Awarded To President Trump .And They Used A Machine To Inject And Add Massive Quantities Of Votes For Mr. Biden.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Ex.164 That day , both Dobbs and Hannity hosted Sidney Powell. Powell told Hannity: ‘The machine ran an algorithm that shaved votes from Trump and awarded them to Biden. They used the machines to trash large batches of votes that should have been awarded to President Trump . And they used a machine to inject and add massive quantities of votes for Mr. Biden.’ ¶179(n). Even into December, Dobbs continued hosting Powell and endorsing those lies himself, describing these debunked falsehoods as a broadly coordinated effort to to actually bring down this President by ending his second term before it could begin. ).”[Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Powell Said On Bartiromo, “They Were Flipping Votes In The Computer System
Or Adding Votes That Did Not Exist.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “[Bartiromo:] Sidney, we talked about the Dominion software know that there were voting irregularities. Tell me about that. [Powell:] That is where The fraud took place, where they were flipping votes in the computer system or adding votes that did not exist ¶179( a) see also ¶¶179(1) , 179( ) .” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Powell Used False Affidavit To Back Up Her Argument
Powell Cited An Affidavit And Claimed That It Had Been Filed In Federal Court, But It Had Not Been Filed. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Fair report. Fox briefly argues that ‘a reasonable viewer would understand that Dobbs was discussing official judicial proceedings’ because Powell was reading from an affidavit ‘filed in federal court the very next day.’ FNN MSJ p.88. But the affidavit had not yet been filed, and neither Dobbs nor Powell attributed the affidavit to the lawsuit in which it would be filed the next day—a lawsuit Powell herself did not even file. And Powell mis-described the affidavit anyway. Powell described the anonymous affiant as a ‘high ranking military officer,’ but that was not a ‘true or fair’ description of the affidavit, which attests that its author had certain military experience but says nothing about his military rank. See Ex.C5 ¶¶5-6. That misdescription falsely lent the anonymous assertions more credibility. Also, Powell asserts that ‘Smartmatic owns Dominion,’ Ex.27 at 4:20-4:24, but that false and defamatory remark appears nowhere in the cited affidavit. If Powell was ‘reporting’ on the affidavit, then she falsely implied that its allegations were, in effect, allegations against Dominion.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Powell Said The Affidavit Was From A “High Ranking Military Officer” But The Affidavit Said Its Author Had Certain Military Experience But “Nothing About Their Rank.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Fair report. Fox briefly argues that ‘a reasonable viewer would understand that Dobbs was discussing official judicial proceedings’ because Powell was reading from an affidavit ‘filed in federal court the very next day.’ FNN MSJ p.88. But the affidavit had not yet been filed, and neither Dobbs nor Powell attributed the affidavit to the lawsuit in which it would be filed the next day—a lawsuit Powell herself did not even file. And Powell mis-described the affidavit anyway. Powell described the anonymous affiant as a ‘high ranking military officer,’ but that was not a ‘true or fair’ description of the affidavit, which attests that its author had certain military experience but says nothing about his military rank. See Ex.C5 ¶¶5-6. That misdescription falsely lent the anonymous assertions more credibility. Also, Powell asserts that ‘Smartmatic owns Dominion,’ Ex.27 at 4:20-4:24, but that false and defamatory remark appears nowhere in the cited affidavit. If Powell was ‘reporting’ on the affidavit, then she falsely implied that its allegations were, in effect, allegations against Dominion.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ GIULIANI SPREAD FALSE INFORMATION ON FOX
¶ Giuliani Spread Dominion Conspiracy Theory On Bartiromo
Giuliani On Bartiromo: “Every Ballot They Could See Just Had Biden's Name On It, Nobody Else [...] Why Does That Happen? It Happens Because You Know You're Behind. Dominion [...] Notifies You, You Call Off The Counting And Then You Start Doing Ballots Like This.” According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “[Giuliani:] Every ballot they could see just had Biden's name on it, nobody else, not even another Democrat. Now, why does that happen? It happens Because you know you're behind. Dominion--[Bartiromo: ] Yeah. [Giuliani:] Notifies you, you call off the counting and then you start doing ballots like this. [gesturing] You can't you can't do the down ticket. ¶179(g) .” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Giuliani Lied About Dominion On Dobbs’ Show
November 12, 2020: Giuliani Lied About Dominion On Dobbs’ Show. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “Lou Dobbs chose a different strategy . That night November 12 he invited Rudolph Giuliani on his show. When Giuliani spewed lies about Dominion , Dobbs responded : It's stunning they have no ability to audit meaningfully the votes that are cast because the servers are somewhere else looks to me like it is the end of what has been a four-and-a-half the endgame to a four-and-a-half year-long effort to overthrow the president of the United States. ¶179(b) . Dobbs continued 30 to broadcast these false charges throughout the week and for nearly a month until December 10. See,infra, §V.D.2.” [Delaware Superior Court – Dominion v. Fox News, 2/16/23]
Giuliani Claimed On Lou Dobbs’ Show That Dominion Was Owned By Smartmatic, Which Was “Formed Really By Three Venezuelans Who Were Very Close To – Very Close To The Dictator Chavez Of Venezuela And It Was Formed In Order To Fix Elections.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “This segment espouses both an overall false narrative that Dominion aided or caused electoral fraud and specific false assertions that Dominion was owned by a company formed in Venezuela to rig elections. Giuliani is unequivocal: ‘Dominion is a company that’s owned by another company called Smartmatic, ... formed really by three Venezuelans who were very close to – very close to the dictator Chavez of Venezuela and it was formed in order to fix elections. That’s the company that owns Dominion…. all of its software is Smartmatic software, so the votes actually go to Barcelona, Spain.’ ¶179(b); Dom. MSJ App.D pp.3-4; Ex.A5 p.8. These are readily understandable, provably false assertions of fact. Fox’s defenses are meritless.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
November 18, 2020: Giuliani Pushed Lie On Dobbs’ Show That Dominion Was A Front For Smartmatic. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “November 18, 2020 – Lou Dobbs, Lou Dobbs Tonight, ¶179(i). In this segment, Dobbs reads at length from an affidavit that makes numerous false allegations against Dominion. Ex.A14. Those false allegations had a ‘precise meaning which is readily understood’ and ‘are capable of being proven true or false.’ Gross, 623 N.E.2d at 1167. Fox does not even try to argue the contrary. Rather, Fox invokes the fair report defense, noting that the affidavit ‘was filed in federal court the day before.’ FNN MSJ p.90. But Dobbs never referenced any court case. To the contrary, he told his audience he was reading from ‘one of the affidavits that has been given to us by an unidentified whistleblower,’ Ex.A14 p.5, suggesting it was evidence his team had dug up, not a court document he was fairly reporting. And Dobbs’ meandering interview with Giuliani—who had nothing to do with the case where the affidavit was filed—made allegations well beyond what was in the affidavit, including that Dominion was a front for Smartmatic, see Ex.9 at DOM_0071654990, ln.21-24. The fair report defense is unavailable.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ Giuliani Pushed False Dominion Information On Fox And Friends
December 12, 2020: Giuliani Pushed False Allegations Against Dominion On Fox And Friends. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “19. December 12, 2020 – Fox and Friends, ¶179(s) Fox mounts two brief challenges to Giuliani’s appearance in this segment. Neither holds up. First, Fox argues the claims were Giuliani’s not Fox’s, but that’s just another variety of Fox’s “newsworthy allegations” argument, which the Court should reject. Second, Fox seems to make a fair report argument without invoking that defense by name, but that fails because the false Dominion allegations Giuliani made never appeared in any of his Trump campaign lawsuits, and Powell’s lawsuits had all been dismissed by that date. Supra pp.45-46. Underscoring the utter lack of any pushback by the Fox hosts, they failed even to point out to their viewers either of those highly relevant facts.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ MIKE LINDELL SPREAD CONSPIRACY THEORIES ON CARLSON’S SHOW
¶ Lindell Spread Conspiracy Theories On Tucker Carlson’s Show
January 26, 2021: Mike Lindell Spouted Conspiracies On Tucker Carlson’s Show. According to a Brief in support of motion for Summary Judgment by Dominion in Dominion Voting Systems v Fox News with case numbers CaseNo.N21C- 03-257EMD and CaseNo.N21C- 11-082-EMD filed in Delaware Superior Court, “After January 6, trying to thread the needle between the truth and pressure from his viewers and sponsors became even more difficult . Late on January 6, Carlson texted with Pfeiffer that Trump is a demonic force ,a destroyer. But he's not going to destroy us." Ex.276 at FNN035_03890858 . On January 26,Carlson invited his leading sponsor Mike Lindell on his show, where Lindell spouted these same conspiracies on air after previewing them for Carlson's staff during a pre interview See,infra, .”[Delaware Superior Court – Dominion v. Fox News, 2/16/23]
¶ Trump Campaign Accepted Confidential Help From Murdoch
Jared Kushner Accepted Confidential Information About Biden’s Ads From Rupert Murdoch Before They Were Made Public. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “During Trump’s campaign, Rupert provided Trump’s son-in-law and senior advisor, Jared Kushner, with Fox confidential information about Biden’s ads, along with debate strategy. Ex.600, R.Murdoch 210:6-9; 213:17-20; Ex.603 (providing Kushner a preview of Biden’s ads before they were public). [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
- Murdoch Told Kushner Other People Said The Biden Campaign Ads Were “Better Creatively Than” Trump’s. According to Exhibit 603 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD filed in Delaware Superior Court, “> On 9/24/20, 6 : 26 AM, ‘Murdoch , Rupert’ wrote :> > Jared, > Know you are spending less on tv than Biden . However my people cell me his advs are a lot better creatively than yours > Just passing by it on . > Rupert .” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
- Kushner Told Murdoch Trump Campaign Would Have New Creatives. According to Exhibit 603 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD filed in Delaware Superior Court, “> On Sep 25 , 2020 , at 10 : 24 PM, Jared Kushner <jared@[Redacted] wrote : > > Should have some new creative out this week. I did a review and like what im seeing . I will now be reviewing chis every week until the end as the real money is starting to be spent on TV and Digital to move voters universes and turn out the base voters” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
- Kushner Told Murdoch He Would Be Reviewing Creatives Every Week Until The End Since The Campaign Was Starting To Spend “The Real Money.” According to Exhibit 603 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD filed in Delaware Superior Court, “> On Sep 25 , 2020 , at 10 : 24 PM, Jared Kushner <jared@[Redacted] wrote : > > Should have some new creative out this week. I did a review and like what im seeing . I will now be reviewing chis every week until the end as the real money is starting to be spent on TV and Digital to move voters universes and turn out the base voters” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
- Murdoch Gave Kushner Feedback On An Ad. According to Exhibit 603 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD filed in Delaware Superior Court, “From: [Redacted] To: Jared Kushner Sent: 9/25/2020 5:27:41 PM Subject: Re: Advs. Your adv at 1.0 pm this Sunday an improvement, but Biden in same football is extremely good. Or I think so! Will send it. Sent from my iPhone” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
Murdoch Advised Kushner On Debate Strategy. According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “During Trump’s campaign, Rupert provided Trump’s son-in-law and senior advisor, Jared Kushner, with Fox confidential information about Biden’s ads, along with debate strategy. Ex.600, R.Murdoch 210:6-9; 213:17-20; Ex.603 (providing Kushner a preview of Biden’s ads before they were public). [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ rivately, Fox Executives And Personalities Said They Did Not Believe The Big Lie Or Trump
¶ Murdoch Called Trump’s Statements “Bullshit And Damaging”
Murdoch Said Half Of What Trump Said Was “Bullshit And Damaging.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Meanwhile, Rupert told the New York Post’s Col Allan that ‘[w]ith several states now disappointingly favoring Biden hard to claim foul everywhere’—and that half of what Trump was saying was ‘bullshit and damaging.’ Ex.613. Allan responded that they would prepare ‘an editorial admiring trumps achievements in office but urging him to consider the nation and his own legacy as it becomes increasingly clear he has lost office. It is time for acceptance and dignity.’ Rupert: ‘That’s great. Thanks.’ Ex.753.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Someone At Fox Said, “The President’s Aides Have Shown No Evidence The Election Has ‘Stolen.’” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “[REDACTED Text] Trump should ‘quit[] the conspiracy-addled talk of a ‘stolen’ election.’ It continued, ‘the president’s aides have shown no evidence the election has ‘stolen.’…It undermines faith in Democracy, faith in the nation, to push baseless conspiracies. [REDACTED Text] Get Rudy Giuliani off TV.’ The New York Post published it [REDACTED Text].” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Murdoch Said, “I Thought The Election Was Genuine, And It Was Bad Advice To Encourage [Trump] Being A Bad Loser.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Rupert Murdoch. Rupert knew the claims about Dominion were false or, at a minimum, recklessly disregarded the truth. He has never believed any of the allegations about Dominion. Ex.600, R.Murdoch 24:10-57:23. As Rupert explained at his deposition, ‘I thought the election was genuine, and it was bad advice to encourage [Trump] being a bad loser.’ Id. 77:25-78:2. He thought the fact that Giuliani was advising Trump was ‘really bad’ because Giuliani’s ‘judgment was bad’ and he was ‘an extreme partisan.’ Ex.600, R.Murdoch 76:23-77:18. He confirmed that he ‘seriously doubted’ claims of massive election fraud ‘from the very beginning,’ explaining ‘we thought everything was on the up-and-up. I think that was shown when we announced Arizona.’ Id. 64:16-25.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Murdoch Called Trump’s Stolen Election Claims “Pretty Much A Crime.” According to Exhibit 600 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “Q. Sir, can you please read this entire email aloud to the jury? A.· ·’The more I think about McConnell's remarks or complaint, the more I agree.’ This is the 20th of January. ‘Trump insisting on the election being stolen and convincing 25 percent of Americans was a huge disservice to the country. Pretty much a crime. Inevitable it blew up January 6th.’ Q. Let's stop there. Your memory is now refreshed. Would you like to tell the jury whether you have a different answer to whether you've said it was ‘pretty much a crime’? MR. WEBB: Objection; form. THE WITNESS: I do say here, ‘pretty much a crime.’ [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
Murdoch Called Trump’s Stolen Election Clams “The Trump Myth.” According to Exhibit 182 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “[Rupert Murdoch] Not those words, but a refinement would go a long way to stop the Trump myth that the election stolen. And the basis of his 2024 campaign.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
¶ Murdoch Said He Thought Trump Was A Sore Loser
Murdoch Said He Believed Trump Was A Sore Loser. According to Exhibit 600 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “Q: Do you believe President Trump was a sore loser? […] THE WITNESS: Yes.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
- In An Email To Suzanne Scott, Murdoch Said He Worried That Trump Would Become A “Sore Loser.” According to Exhibit 151 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD filed in Delaware Superior Court, “From: Murdoch, Rupert [IEE Sent: Friday, November 6, 2020 6:36 AM To: Scott, Suzanne Subject: Polls Trump still talking legal actions but in calmer voice. Everything seems to be moving to Biden and if Trump becomes a sore loser we should watch Sean especially and others don't sound the same. Not there yet, but a danger.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
¶ Murdoch Said He Thought Trump Was “Increasingly Mad,” “Bonkers,” “Unable To Suppress” His Egomania
Murdoch Believed Trump Was “Increasingly Mad” And What He Might Do As President Was “The Real Danger.” According to Exhibit 600 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “Q: And then you say you just watched the Giuliani press conference. In your email, you described how you had just watched the Giuliani press conference; correct? A: I said these things here. Q: You called it ‘stupid and damaging,’ sir? A: Yes. Q. And -- A. Trump and -- I said -- I wrote, ‘Stupid and damaging. The only one encouraging Trump and misleading him.’ Q. And then what did you say after that, sir? A. ‘Both increasingly mad.’ Q. You thought that -- A. ‘The real danger is what he might do as president. Apparently not sleeping and bouncing off walls! Don't know about Melania, but kids no help.’ So there it is. Q. You thought that Trump was going increasingly mad as of November 19th, 2020? MR. WEBB: Objection; form. THE WITNESS: I said apparently he's not sleeping and bouncing off walls. BY MR. NELSON: Q. You said he was going increasingly mad, sir? A. Oh, yes, I did, just the sentence before. Q. And you thought Giuliani was going increasingly mad as well, sir? A. Yes.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
Murdoch Called Trump Plain Bonkers, Unable To Suppress His Egomania, Nuts, An Over-The-Top Braggart, And A Mad Egomaniac. According to Exhibit 600 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “Q. We are done with that document. You have called Mr. Trump ‘plain bonkers’? A. I'm sure. Q. You have called him ‘unable to express his egomania’? A. Unable to suppress it. Q. ‘Suppress his egomania.’ Sorry, sir. A. Yes. Q. You said he is mad, maybe clinically? A. I might have. Q. You've called him nuts a couple times? A. I call a lot of people nuts, yes. Q. You agree that the Republican Party is destroying itself on the altar of Trump? A. Yes. Q. You thought he was an over-the-top braggart? A. Yes. Q. He's a mad -- A. What is the date of this? Q. It's in the September-to-November time frame. A. 2020? Q. 2020, sir. A. To whom? Q. We can get the document. I'm asking whether you agree with it. A. Hmm? MR. WEBB: I object to the form. THE WITNESS: No. I want to get -- I would like to see the document and get the context. BY MR. NELSON: Q. Okay. Do you agree that he's -- Trump is a mad egomaniac? A. Oh, yes. Yes.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
¶ Murdoch Said He Thought Charging Trump With Incitement Would Not Be Wrong
Murdoch Said He Thought Charging Trump With Incitement Would Not Be Wrong. According to Exhibit 600 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “Q. You thought Donald Trump should be charged with incitement along with Rudolph Giuliani and Don, Jr.; correct? A. I said they're not wrong to charge them with incitement.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
¶ Murdoch Said He Wanted To Make Trump A Non-Person
Murdoch Said He Would Like To Make Trump A Non-Person. According to Exhibit 600 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “A. The third line. ‘Fox News very busy pivoting.’ Q. How is Fox News very busy pivoting? A. Busy reporting what people are saying about Trump. Q. And wanted to make Trump a non-person? MR. WEBB: Objection; form. THE WITNESS: I'd still like to.” you [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
Murdoch Said Giuliani Was “Really Bad” For Trump Because Giuliani’s “Judgment Was Bad” And Was “An Extreme Partisan.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Rupert Murdoch. Rupert knew the claims about Dominion were false or, at a minimum, recklessly disregarded the truth. He has never believed any of the allegations about Dominion. Ex.600, R.Murdoch 24:10-57:23. As Rupert explained at his deposition, ‘I thought the election was genuine, and it was bad advice to encourage [Trump] being a bad loser.’ Id. 77:25-78:2. He thought the fact that Giuliani was advising Trump was ‘really bad’ because Giuliani’s ‘judgment was bad’ and he was ‘an extreme partisan.’ Ex.600, R.Murdoch 76:23-77:18. He confirmed that he ‘seriously doubted’ claims of massive election fraud ‘from the very beginning,’ explaining ‘we thought everything was on the up-and-up. I think that was shown when we announced Arizona.’ Id. 64:16-25.”[Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ Former Trump Aide Raj Shah Said The Only Election Fraud Was Conducted By Trump
Raj Shah Said, “[T]he Only Clear Cut Evidence For Voter Fraud Is The Failed Attempts From Trump.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Raj Shah. Shah admitted he never believed, never saw any evidence of, and indeed was very skeptical of the allegations about Dominion from day one. Ex.605, Shah 47:12-52:1. In his own words, ‘[t]he only clear cut evidence for voter fraud is the failed attempts from Trump.’ Ex.724. Shah believed the Decision Desk got the Arizona call right (see, e.g., Ex.725); that the November 19, 2020, press conference featuring Sidney Powell and Rudy Giuliani was not credible, including the claims about Dominion (see, e.g., Ex.605, Shah 214:21-215:7); see also Ex.726 (“crazy fucking presser”); and that Sidney Powell was generally ‘nuts’ (Ex.727).” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
¶ Paul Ryan Said He Did Not Believe The Big Lie
Paul Ryan: “I Didn’t Believe The Election Was Stolen From The Beginning.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Paul Ryan confirmed at his deposition that with respect to the lies about Dominion rigging the election, ‘the whole theory is ludicrous to anybody who follows elections,’ testifying ‘Yeah, I didn’t believe the election was stolen from the beginning.’ Ex.620, Ryan 402:12-18.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
Paul Ryan Said Dominion Conspiracy Theories Were “Ludicrous.” According to a Brief by Dominion in opposition to the motion for Summary Judgment by Fox News and Fox Corporation in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and N21C- 11-082-EMD filed in Delaware Superior Court, “Paul Ryan confirmed at his deposition that with respect to the lies about Dominion rigging the election, ‘the whole theory is ludicrous to anybody who follows elections,’ testifying ‘Yeah, I didn’t believe the election was stolen from the beginning.’ Ex.620, Ryan 402:12-18.” [Delaware Superior Court – Dominion v. Fox News, 2/27/23]
In A Deposition, Paul Ryan Said That He Had Consistently Advised To Move On From Trump And Stop Spouting Election Lies From November 2020 Through January 2021. According to Exhibit E44 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD filed in Delaware Superior Court, “23· · · ·Q.· · And you've made suggestions about 24· ·how Fox should be pivoting at this key 25· ·inflection point during November 2020 1· · · · · ·P. RYAN – CONFIDENTIAL ·2· ·through January 2021, correct? ·3· · · ·A.· · Yes. ·4· · · ·Q.· · And your advice was consistent ·5· ·throughout this timeframe to move on from ·6· ·Donald Trump and stop spouting election ·7· ·lies, correct? ·8· · · · · · ·MR. CARTER:· Objection. ·9· · · ·A.· · Yes” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
¶ Ryan Thought Trump Was An Egomaniac
Ryan Agreed That Trump Was “An Egomaniac” With “His Sort Of Narcism.” According to Exhibit 600 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “A. He's a self-promoter, just the way his sort of narcism works, just making things about Trump. Q. Mr. Rupert Murdoch called him a mad egomaniac. Would you agree with that assessment? MR. CARTER: Objection to form. A. I don't know if I'd use those words, but an egomaniac sounds about right, but a lot of people -- a lot of people -- my own friends and constituents in Wisconsin sincerely believed that something bad happened.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
¶ Fox Executives And Personalities Thought Trump’s Campaign And Representatives Were Bad
¶ Murdoch Said He Thought Giuliani Was Bad
Dominion were false or, at a minimum, recklessly disregarded the truth. He has never believed any of the allegations about Dominion.
¶ Tucker Carlson Said Sidney Powell Was Lying And The Trump Campaign Was Incompetent
Carlson Said Sidney Powell Was Lying. According to Exhibit 150 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “[Tucker Carlson] It was awesome. Sidney Powell is lying. Fucking bitch.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
- Carlson Called Sidney Powell’s Claims Of Evidence Of Election Fraud “A Cruel And Reckless Thing To Keep Saying.” According to Exhibit 177 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “[Tucker Carlson] You keep telling our viewers that millions of votes were changed by the software. I hope you will prove that very soon. You’ve convinced them that Trump will win. If you don’t have conclusive evidence of fraud at that scale, it’s a cruel and reckless thing to keep saying.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
Carlson Wondered What The Trump Campaign Could Find If They Were Competent. According to Exhibit 169 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “[Tucker Carlson] Imagine what they could find if they had a competent operation.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
¶ Laura Ingraham Said It Was A “Fucking Joke” That Jenna Ellis Was Involved
Ingraham Wrote In A Text Message Exchange With Tucker Carlson That It Was A “Fucking Joke” That Jenna Ellis Was Involved. According to Exhibit 274 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD filed in Delaware Superior Court,
[Delaware Superior Court – Dominion v. Fox News, 3/7/23]
¶ Murdoch Said He Last Talked With Trump In September, 2020
In A Deposition, Murdoch Said That He Had Talked With Trump In September, 2020. According to Exhibit E41 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD filed in Delaware Superior Court, “11· · · ·Q.· ·And, sir, to the best of your recollection, 12· ·when was the last time that you remember having any 13· ·conversation with President Trump? 14· · · ·A.· ·It was in September 2020.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
¶ Tucker Carlson Faulted Trump For 2020 Georgia Senate Races Failing
¶ Carlson Said Trump Was Sitting Back And Letting Republicans Lose The Senate
Carlson Wrote In A Text Message Exchange With Laura Ingraham, “And Now Trump, I Learned This Morning, Is Sitting Back And Letting Them Lose The Senate. He Doesn’t Care.” According to Exhibit 274 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD filed in Delaware Superior Court,
[Delaware Superior Court – Dominion v. Fox News, 3/7/23]
¶ Fox Executives Said Trump Aides WEre Bad
Dobbs Producer John Fawcett Called Sidney Powell’s Kraken Lawsuit “Complete BS.” According to Exhibit 174 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “[Jon Fawcett] Did you read sidneys lawsuit ? It’s complete bs She literally cites James o Keef In the suit I can’t believe that was the kraken.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]
Fox News Senior Vice President Of Media Relations Caley Cronin Said Not To Air Sidney Powell Because She Was “Problematic.” According to Exhibit 165 in Dominion Voting Systems v Fox News with case numbers N21C- 03-257EMD and filed in Delaware Superior Court, “[Caley Cronin] I am telling Sofie not to send out Powell –it’s problematic Thank you.” [Delaware Superior Court – Dominion v. Fox News, 3/7/23]