Voting technology company Smartmatic filed a motion for summary judgment on Tuesday in New York’s Supreme Court, laying out its $2.7 billion defamation lawsuit against Fox News. Smartmatic’s latest filing includes text messages from Fox News hosts, which the company argues illustrate how the network handled election fraud claims after 2020.
Smartmatic claims the network knowingly broadcast false claims that it rigged the 2020 election in favor of former President Joe Biden, damaging its reputation and business in the United States.
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Claims of amplified falsehoods
Smartmatic said Fox News amplified unsubstantiated fraud allegations by repeatedly hosting Trump allies, including Trump attorneys Rudy Giuliani and Sidney Powell, who claimed Smartmatic software altered votes.
According to the court filing, Bret Baier, anchor of “Special Report,” raised concerns about misinformation being aired on the network.
In a November 2020 text to Fox News Media president Jay Wallace, Baier wrote, “None of that is true as far as we can tell,” referring to fraud allegations. He added: “We need to fact-check this crap.”
According to the filing, Fox’s own research division, known as the “Brainroom,” had told producers that Smartmatic’s role in the 2020 election was limited to Los Angeles County and not tied to Dominion Voting Systems — something Smartmatic said was a key claim made on air.
The filing also included messages from Fox hosts. Jeanine Pirro texted then-Republican National Committee chair Ronna McDaniel, “I work so hard for the party across the country.”
“I’m the # 1 watched show on all news cable all weekend. I work so hard for the President and party,” Pirro texted McDaniel in September 2020, according to Smartmatic’s motion.
Pirro left Fox in May to become U.S. attorney for the District of Columbia.
Ratings pressure and Murdoch involvement
Smartmatic’s motion alleged that Fox executives responded to ratings declines after Biden was declared the winner of the 2020 election by leaning into fraud narratives.
Rupert Murdoch and his son Lachlan were cited in the filing as urging executives to address audience losses.
“The conclusion reached based on performance analytics: give the audience more election fraud,” Smartmatic stated.
A text from Fox host Jesse Watters to Greg Gutfeld said: “Think about how incredible our ratings would be if Fox went ALL in on STOP THE STEAL.”
Fox points to Smartmatic’s legal issues
Fox denies wrongdoing, arguing its coverage was protected under the First Amendment and that Smartmatic’s financial struggles stem from separate controversies.
Network attorneys highlighted federal indictments against Smartmatic executives accused of bribing officials in the Philippines to secure contracts in 2016.
“Smartmatic’s business and reputation were badly suffering long before any claims by President Trump’s lawyers on Fox News,” a network spokesperson said. “Smartmatic grossly inflated its damage claims to generate headlines and chill free speech. Now, in the aftermath of Smartmatic’s executives getting indicted for bribery charges, we are eager and ready to continue defending our press freedoms.”
Fox News requested sanctions against Smartmatic for allegedly deleting mobile messages that could undermine its defamation case. Smartmatic’s founder Antonio Mugica is accused of ordering the deletion of critical WhatsApp messages just before filing their lawsuit in 2021.
Smartmatic rejects Fox’s argument
Smartmatic said Fox’s arguments are an attempt to shift focus.
“Fox lies, and when caught, they lie again to distract,” a company spokesperson said in a statement. “Fox’s latest filing is just another attempt to divert attention from its long-standing campaign of falsehoods and defamation.”
More context
The case follows Fox’s $787.5 million settlement with Dominion Voting Systems in 2023 over similar election fraud claims.
Smartmatic also alleged in its motion that Fox dismissed political analyst Chris Stirewalt and senior Washington executive Bill Sammon after the network’s early call of Arizona for Biden. The company said Murdoch approved the decision to appease viewers upset by the projection. Fox at the time described the departures as a reorganization and retirement.
The motion cited a communication from Dana Perino, co-host of Fox News show “The Five,” describing a phone call with Stirewalt after his dismissal.
“I explained to him — you were right, you didn’t cave, and you got fired for doing the right thing,” Perino said.
In a November 2020 exchange with producer Megan Albano, Watters described “an audience uprising vs. Fox like I’ve never seen” after the network’s decision to call Arizona for Joe Biden.
The lawsuit, filed in 2021, centers on allegations from the 2020 election, but with no trial date yet scheduled and extensive pre-trial motions ahead, the case could continue well into 2026.
