Dominion v. Fox MSJ Hearing March 21, 2023minion Satisfies all Elements of a Defamation Claim 1. Falsity 2. Defamatory per se 3. Publication 4. Of and concerning 5. Actual Malice 6. No Affirmative DefensesJoe Dorrego-30(b)(5) CFO and CoO Fox News Ex. 759 526:8-20 It Was Wrong If Executives In the Chain of Command Knew Allegation Was False Q. > trey AO g Rs alee eC LuLae Does Fox Corporation believe it was wrong to air the claim that Dominion rigged the 2020 presidential election if Fox News hosts or executives in the chain of command knew it was false? Again, if they knowingly covered the allegations and held them out as true after such point that we—that Fox News executives and talent and hosts knew that they were false, that would be wrong.Beane) CFO and COO Fox News Ex. 759 524:6-525:2 Fox Corp Binding Admission: BON MCN care auc Re TI) Q. And it would be wrong at the executive level to the extent that they know it’s false and allow it to happen, correct? A. At the time that you have received proof or, actually, lack of proof supporting any claims, knowing certainly that they're false, you continue to air or aired these types of claims would be wrong. Q. When they know, when the executives know that it's false, it would be wrong to allow these claims to continue to be aired, right? A. Right. If there’s no evidence received, then—and we know that—and the executives knew there was no evidence going to be produced, that would be wrong.FOX Joe Dorrego-30(b)(6) CFO and COO Fox News Ex. 759 510:25-511:10 Expectation of Making Clear That Claims Have No Support Q. Fox Corporation also has the expectation for Fox News executives when it delegates to Fox News executives that if there is unverifiable or information that they don’t know whether is true or not, the host point that out to the audience, correct? A. There would be an expectation that they would make it clear they’re— they have not been provided support for the claims.Joe Dorrego-30(b)(6) CFO and CoO Fox News Ex. 759 364:4-14 Fox Corp Binding Admission: Must Instantly Correct Q. ..You would agree generally with the notion that if you are going to air an allegation that you know is false, it is important to instantly tell the audience that the allegation is false, correct? So if at the time you knew the allegation was false, I think that is something that we would have expected, yes.“I Beat Her Back on Dominion Saying We Would Have to Tell The Tru! oo — 7 —— Sree ‘might need hep today x _— nem _ fo sndan oe __ — owe kg ee atone sy at — Ex. 229 gsTheories a O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF 23SPDLT)/CN*RECIPIENTS/CN+S0385208814441 CSBAABSG57EBES487D- ANDREWS, JE> Cooper, Meade ( Fox); Clark, Davi ‘1720/2020 12:98:16 PM FU open | <4 The braicroom is going through this row. Jeanine detated it to Ti | Ex.152 FNNOO1 00001256Joe Dorrego-30(b)(6) CFO and COO Fox News Ex. 759 308:18-309:6 Everyone Understood What Powell and Giuliani Would Say . Okay. Well, let me ask a general question then. People within Fox, either Fox News or Fox Corporation, were aware of what Sidney Powell was going to say when she appeared anywhere on air, right? . Just the dynamic of live television, you can't be 100% certain of what a guest will say. But, you know, certainly, I think the shows that chose to book her would have had an idea what she was - at least the themes that she was coming on to discuss.Fox Knew What Powell and Giuliani Would Say Q. My question to you, sir, is; During this time frame of November and December 2020, putting aside Fox News, Newsmax, whatever, do you agree that people within Fox Corporation had a general awareness of what Sidney Powell or Rudy Giuliani would say? Joe Dorrego-30(b)(5) CFO and COO Fox News A. I think there was a general awareness that they were supporting President Trump’s election rigging claims. Ex. 759 312:19-313:6Fox Admits They Aired the Allegations Knowi What the Guests Would Say C. Fox News’ Coverage of the 2020 Presidential Elec Given the unquestionable newsworthiness of a sitting President’s effort to nce challenge the result ofa presides! lecion, EER NT RE cluding Maria Bartiromo, Lou Dobbs, Jeanine Pirro, and FNN MS) p.23Rudy and Sidney is Guaranteed Gold” i Sent: Monday, November 30, 2020 6:30 PM Ns 179 - Lou Dobbs Tonight Subject: Re: Dobbs - Booking Notes Nice, He seemed happy with the lineup when I told him about it today! {NBG Wl RCN Ane SNE) — Ex.164 FNNOO6 00016731arlson to Powell: “Cruel and Reckless” PARTICIPANTS: Sidney Powell - EE Tucker Carlson - ism en § ‘You keep telling our viewers that millions of votes were changed by the software, I hope you will prove that very soon, You've c don't have conclusive evidence of fraud at that scale, it's a Ex.177 FNNO35_ 03890369, ckingly Reckless” PARTICIPANTS: Jenna Ellis - “Fucker Carlson - “Trucker Carlson -[ Circumstantial won't work with this story. If there's no one inside the company wiling to talk, or internal Bminion documents or copes f the software showing that they di, hs sere SAE tome. And as you know there isnt. Ex.166 FNNO22 03851886u Rov Tucker Corson AT It sce. ST 2 T think this will give energy to CNN and other forces seeking to kill us. So we should be as aggressive and tough as we can be. Sent 2021-02-07 05:03:32 PMU Ex.542Proving Actual Malice — This Is The Unique Case | Normally plaintiffs prove defendants’ actual malice—whether they knew it was | false or “in fact entertained serious doubts as to the truth of the statement”—“by inference, as it would be rare for a defendant to admit such doubts.” Solano v. Playgirl, Inc., 292 F.3d 1078, 1085 (8th Cir. 2002) (citation omitted).DOMINION VOTING “Setting the Record Straight” Emails Demonstrates Actual MaliceNovember 12 “Setting the Record Straig ‘Sent: Thursday 12:36 PM Subject: [EXTERNAL] Election 2020: Set be Record Straight ELECTION 2020: SETTING THE RECORD STRAIGHT November 12, 2020 Dominion Voring Systems and its thousands of election customers across the nation are committed to ensuring voter confidence in the U'S. electoral process. This year, despite the fact that voting has proceeded smoothly all28 states where our systems are used, und states coupled with delayed results report 3 have created the opportunity for a number of compan ] disinformation campaig ssomiica close vote counts in several batt ycused rumor and 10 spread onlineBeemer Executive VP and Managing Editor of News AAS 412:23-413:24, ex. 331 Nov 12 - Knowledge of STRS and Underlying Facts Q. You would agree that many people received notice of the fact that Dominion was refuting allegations of voting fraud, correct? A. Many people received that [November 12] email. Q. And, in fact, as well that same day many people received the underlying statement from CISA's Elections Infrastructure Government Coordinating Council that there was no evidence that any voting system deleted or lost votes, changed votes or was in any way compromised, correct? A. As noted before, there was general awareness about the CISA statement. Q. It wasn't just general awareness, sir, right? It was the fact that they received the statement themselves, correct? A. Sure. gNovember 13 “Setting the Record Straight” According to a Joint Statement by the federal government agency that oversees U.S election security, the Department of Homeland Security's Cybersecurity, & Infrastructure 4 Security Agency (CISA): STRERSISIONE idence thiatianyiveting system GsletedOnlOst + SUSTESNGHERGEUNGTES SE WASIRANVWAVIEOMPOMISEME The government & private sector councils that support this mission called the 2020 election “the most secure in American | history.” Ex. 339 gSTRS “Tattooed on My Body” Saturday, November 14, 2020 7:02 PM 0 i Subject: Re: Setting The Record Straight Update: Facts & Rumors (ONT RAVENS HGH USUPANENISTHGHAE!! woke up after too much vodka and there it was! David Clark - SVP, Fox News Ex.234 FNNOO7_ 00019085Dominion sent 3,682 emails to Fox recipientsDOMINION VOTING “Brainroom” Fact Checks Demonstrates yNeoidUr=] i ute] ices)lodify Date oting Syste hi/i320 Ex.168 FNNO15 00132222 ‘sims about Dominion switching or deleting votes are 100% false. Dominion systems continue to reliably and -curately count ballots, and state and local clection authorities, as wel fact checkers, have publicly confirmed he integrity ofthe process. —— the Clinton Global initiative. Dominion works with all political parties; our customer base and our } sminion has no company ownership relationships with any member of the Pelosi family, the Feinstein family,| | sovernmeat outreach practices reflec this nonpartisan approach, |From: Sent: Friday, November 13, 2020 3:26 PM To: lievsk, Megan] Ce: War e | Subject: pease I - . TRUMP: "REPORT: DOMINION DELETED 2.7 MILLION TRUMP VOTES NATIONWIDE. DATA ANALYSIS FINDS 221,000 PENNSYLVANIA VOTES SWITCHED FROM PRESIDENT TRUMP TO BIDEN. 941,000 TRUMP VOTES DELETED. STATES USING DOMINION VOTING SYSTEMS SWITCHED 435,000 VOTES FROM TRUMP TO BIDEN observers confirmed there were no serious irreguiaties. Ex.158 FNNOO1 00000578CO esciis Senior Vice President, News and Politics /NEWS|) Ex. 126 79:23-80:6 Testimony of Alan Komissaroff Q. Part of the editorial team's job is when somebody is coming on with unsubstantiated allegations that have no evidence is to do some research, use the Brain Room, find out the information on what's going to be alleged to determine whether it should be put on the air; is that fair? A. I agree, that’s fair.Bartiromo Relies on Brain Room Q. Do you know Fox's policy for fact-checking claims made by hosts? A. Well, we have what's called the Brain Room where we check on facts. Teen) Host of Sunday Morning Futures with Maria Q. And you regularly use the Brain Room; correct? A. Yes. The producers usually are in touch with Bartiromo the Brain Room, so I will talk with producers about what we are checking and they do it, ula) more so then I'll do it myself. Ex. 98 33:25-34 10 gTestimony of David Clark Q. ‘If the brain room had concluded that the charges were, in fact, false, they never should have been aired, correct? David Clark Senior Vice President for Weekend News and Programming Ta} Ex. 106 272:17-23 A. Yes. EX. 106 at 272:17-23DOMINION VOTING Widespread Knowledge and Purposeful Avoidance Demonstrates Actual Malice“I Beat Her Back on Dominion Saying We Would Have to Tell The Tru! eresed eb 9 a fan -ansetan po owss gor he aos peter ary ut a | | Ex. 229 “gg Simple Google Sea Sent 2020-11-05 10:54:32 PM UTC FROM: Lauren Petterson - i: Ex. 356NAN) roles) Suit Against Fox Smartmatic USA Corp. v. Fox Corp., 2023 WL 1974442, at *1 (N.Y. App. Div. Feb. 14, 2023) gNN ArNeyeloi roles) Suit Against Fox Fox News, Dobbs, and Bartiromo stated that Smartmatic's election technology and software were widely used in the 2020 election and in Dominion machines to switch votes, when they actually knew, or easily could have known had they not purposefully avoided publicly available knowledge, that in 2020, the Smartmatic technology was used only in Los Angeles Count and ate Wotesvitching Sims oir ‘Smartmatic USA Corp. v. Fox Corp., 2023 WL 1974442, at *1 (N.Y. App. Div. Feb, 14, 2023)Widespread Knowledge of Supports Finding of Actual Malice “[T]he fact that in this case the truth was both generally known and generally available is further circumstantial evidence of ‘actual malice.” Hinerman v. Daily Gazette Co., 423 5.€.2d 560, 577 (W.Va. 1992) gWidespread Knowledge of Finding of Actual Malice “[R]eliance on anonymous or unreliable sources without further investigation may support an inference of actual malice.”, citing St. Amant, 390 U.S. at 732, 88 S.Ct. 1323. Zuckerbrot v. Lande, 167 N.YS.3d 313, 335-336 (N.Y. Sup. Ct. 2022) gEx.155 FNNO35_ 03890539Janno eI Iter) PARTICIPANTS: Bret Baier - EE; Jay Wallace - 29:86 PM UTC FROM: et ater - Sent 2020-11-05 05905:08 PMUTC FROM: 19) Wale Ex.158 FNNOS1_04432225-26PARTICIPANTS: Dan Crockett - i Mike Muir - 9 Unkoown - 11-06 02:35:51 AM LTC ROM: non {REESE STARINE tera sores, tr, ul ning onto a ; ct the spread in any of these states. Az was a shitty call when they made it. But he will lose pa by Ex.176 FNNO72_04510968ed on Lies Told Al Dominion ‘xh, veo Pos ‘hrsizoa0 20:50PM FW (BETEANAL| ICY WV Er Board Debunks Domnin Rumors Dominion voting touts WSJ editorial board “debunking” From: Dominion Votng Sten: i Reply-To: Dominion Veting 6)=ters Date; Wednesday, November 18,2020 at 229 PM To:"Heinich, Jc. ‘Subject: [EXTERNAL] ICYMI: WSJ Editorial Board Debunks Dominion Rumors: | wanted{o make sure you saw the Wal Steet Joumal Edtoial Boards piece pubshed yesterday enphasiang a complete lack of evidence to support recent clair against Dominion Voting SystemsResponsibility is Shared, Up and Down the Chain of Command Q. If any of the people in that chain of command who had the power to exercise control over Lou Dobbs’ show knew that what Sidney Powell was alleging was false, A. Yes. Q. But when the executives at Fox News know that hosts of shows are broadcasting allegations that the executives know or believe to be false, in that situation, the executives have an obligation to act, right? A. If they are within the chain of command and if they -- and if they come to that knowledge, yes. Q. And by “act,” that means to put a stop to it, right? They have an obligation under those circumstances, the executives do, in the chain of command, to put a stop to those broadcasts, right, sir? A. Yes, to prevent and correct known falsehoods. Vie ar Chief Legal and Policy Officer Fox Corporation FOX Ex. 601 287:12-19, 316:5-25David Clark (SMF, JJP) Q. And indeed, you often consulted with both Sunday Morning Futures with Maria Bartiromo and Justice with Judge Jeanine on who would appear on their shows “ eae a eee during this timeframe, correct? Senior Vice President | A- Yes. for Weekend News and Programming /NEWS| Ex. 106 22:7-17 Q. And you also consulted with both shows on the content of what would appear on both shows during this timeframe, correct? A. Yes, to some extent.David Clark Senior Vice President for Weekend News and Programming //NEWS| Ex, 106 150:20-151:1; 155:22-156:2 David Clark (SMF, JJP) Q. By November 6, sir, you did know that there were false conspiracy theories circulating generally, correct? A. I am going to say yes. chk Q. To the best of your knowledge, on November 6, 2020, you did not believe that the election was being stolen, did you? A. I did not.Thave a 130 news call but need to talk J0P right after. Bottom line pr a od tomorrow. Her guests are all going to say the election is being stolen and if she pushes back at all it will just be @ token. and = = Sent 2020-11-06 01:44:23 PM EST FROM: Davi Clark Despite what she said to Jerry and me SH@'SiROW Gig Gt OR INEPCOREBIEV ESHER on a show staff call. Ex.293 FNNO15 00132186STRS “Tattooed on My Body” Saar Saturday, November 14, 2020 7:02 PM wn, Eric Subject: Re: Setting The Record Straight Update: Facts & Rumors ‘OFT RAVEN RAREGSEH OHTA USUPANENISHGTAE | woke up after too much vodka and there it was! David Clark - SVP, Fox News Ex.234 FNNOO7_ 00019085Clark Relied on Pre-tape for Nov 8 Show f ranma: ty cote A a — ‘Yes. ote asin fim can to al mn the mong a skh to plas et teas fren he Fhe oes Ssyay el tims ropropete ght Ar she wil push on cance even of ud ae TRS MET “Tats why we ok nthe rope Sus on Monday we net See wha edence ere esenting sg wt ne.Clark Watches the Pre-Tapes ‘Clark, Davis (FoxNews) \atace, Jay (FoxNews): Brigat, rena (FoxNews): Cooper, Meade Sent: 11/15/2020 0:14:53 AM Subject RUDY ON SMF Importance: Hon (ot exacty 2 new sertiment but just alerting you, AMD € CLARK JR FOXNEWS CHARNEL SENIOR VICE PRESIDENT 2 EXECUTIVE PRODUCER - WEEKEND NEWS & PROGRAMING 1211 AVENUE OF THE AMERICAS | 20TH FLOOR = NEW YORK NY 10036Ole auto cest-laaig Rudy and Sidney Sent 2020-12-14 10:10:56 PM UTC FROM: Abby Grossbery mentioned dominion, smartmatic or machines since Sidney split off on her own, Ex. 379 gucker Carlson Toni Sent: Tuesday. March 24,2020 1:39 PM To: Scott. Sune ( Fo, AS \icchc!!, x rs Subjeet: RE: Ben Smith on Chris Haves last right talking Fox piece Ben Smith set out to write a hit piece-and found a willing megaphone in MSNBC Ex. 375(Fybisonr2Sse0LTChSRECIPENTSICNSBSEFESED47=N{ OA8SSD0F7EDDSSE. SusANE Sco ‘0202075039 kt From: Murdoch, Rupert || Sent: Friday, November 6, 20206:36 AM To: Scott, Suzanne Subject: Polls. ren Ear inee er emi Pelosi mjonty halved? Final Ex.747 — - ee oa ~ ‘ox om here and nice wo se plenty of beaks! Yesterday CNN had mons But 0 biDeke Vice President of Prime-Time A: Programming FOX Ta Ex. 108 194:1-6 Testimony of Meade Cooper Do you believe as of November 6 that going on television to say that the election is being stolen would be a conspiracy theory? IT agree that that would not be based in fact at that point.PARTICIPANTS: Alex Pfeiffer - NE Justin Wells - i: Uckoown - 7 Sent 2020-11-06 06:39:10 PM UTC FROM: Unknown Sent 2020-11-08 06 17 PM UTC FROM: Unkeown Opti are bac. BUR Sah. Ex.294 FNNO79_ 04550507beef Conic Senior VP of Prime Time Programming and Analytics A aE} Ex. 129, 19:3-10 Ron Mitchell (Hannity, Tucker Carlson Tonight) Q. And your current title is senior vice president of Fox News Channel prime time; is that right? A. Prime time programming and analytics, yes. Q. As part of that job, is it fair to say you have some level of editorial oversight over those prime time broadcasts? A. Yes.“I Beat Her Back on Dominion Saying We Would Have to Tell The Tru’ = = — aioe (Wig need he today " —— — an -ansetan poe = Ex. 229,(FoxNews) - To: Albano, Megan (Foxtews) Sent 11/19/2020 3:28:21 PM Subject: RE: “Brand alert™ Backlash to post-Trump camp presser coverage Ex.251 FNNO96_ 04951056Ex.252 FNNO19 03601157 (Pibaceeceiscnccnare ca onaaibtnro cnn sse ® Fac Thome oti) Se okaes Stn She repent. ‘Yes Cutthose dowes puts an auhuard pice where Were glng > sed to esd he needie Sent: Thersday. Moverber 1. 20202.49 PM i, Subject RE Pret ingaban Rundown 1119 From: Rah See Isl Svea seo Pe 1); Sthject RE Pcbeneahen Restores ttLauren Petterson (Lou Dobbs Tonight; Sunday Morning Futures) Q. You do have the power to approve whether a guest appears on any show, correct? On Fox Business. Dee cere) A. Ido. President of Fox Business BUSINESS Ex. 133 243:20-25Petterson and Schreier See an Openi PARTICIPANTS: Gary Schreier ZZ Lauren Petterson ii 1.08 42:42:55 4M ~~ c—— 2070-11-08 01:09:19 AM UTC FROM: Gary Scr ‘You know though between us, This is a problem for the channel yes, But if we keep doing what we do, fon will get a bunch of the disenfranchised folks too. = ———— 100 percent, 1 was talking about exacty that with my husband last 1 actually an opening for us ‘Yes. We just cant play frit openly like nevsmax and oan, Ex.604 =.To: Petterson, Lauren Sent; 10/7/2020 10:15:22 PM ‘Subject: [EXTERNAL] Coordination on chan cals on users to spread chime that Dominion yting systems ‘wore used to commit voter fraud: Local Source via 4chan, Tr United states 10:11pm November 07, 2020 EST CHATTER Coordination on #ehan calls oh users tolspread claims that Dominion voting systems were used to commit voter fraud: Local Source via 4chan. View on achan ™ ESTIMATED EVENT LOCATION United States Ex.285 FNNO12_ 00119269Schreier and Petterson on SMF Ex.513 gNov 8: Bartiromo Has “GOP Conspiracy Theorists In Her Ear” Sent 2020-11-08 03:33:46 PM UTC FROM: Gary Schreier - | ee ae a NN 8 Usher forte massage | sometimes. I wish she had that awareness. | Ex, 398 gons of Crazy” in the Nov 8 Broadcast PARTICIPANTS: Caley Cronin - (ND Irena Briganti - [EE Irena Grigant - Tat ro ov eer = en in (EE acres caste a teint tt Ex.165 FNNO14 00127851David Clark and Jay Wallace Q. How does the process work within Fox or how did it work during this timeframe from September 2020 through April of 2021, regarding the decision not to book a particular guest? A. I would say it was done - it could be done just by me. It would be done by me in consultation with people such as Jay Wallace. I am just trying to think of anybody else that may have affected Sunday Morning Futures. But it also could have just been my judgment call that this person was not a right fit or the right kind of guest for that show at that time. David Clark Senior Vice President for Weekend News and Programming ASAE) Ex. 106 43:22-44:6, 46:4-18, | 43:22-44:6, 46:4-18, gClark: Wallace and Cooper are My Superiors Q. Why did you let Mr. Wallace and Ms. Cooper know that there was push back that Ms. Bartiromo was allowing Qanon conspiracy theories to be aired on her show? A. ines aaa they were my - two of my David Clark Senior Vice President for Weekend News and Programming /NEWS| Ex. 106 133:6-22David Clark Senior Vice President for Weekend News and Programming AE} Ex. 106 39:9-41:19 Rebroadcasts: Clark, Petterson, Schreier, Scott, Wallace Who would have authority to edit out false claims from a broadcast of Sunday Morning Futures before it was rebroadcast on Fox Business Network at 6:00 p.m. or later on that evening? It was -- I believe, the original repeat is at 6:00 p.m. Eastern, I don't know if that's still the case, but I can only assume that it would be Lauren Petterson who was the president of Fox Business or under her direction. When you say under the direction of somebody else, who would that be? It could be me. I suppose it could be Lauren Petterson, although I don't know if that ever happened. But it would have to be senior programming executive of some type. Senior programming executives of some type woul: Yes. Senior programming executive of some type would include Jay Wallace, correct? Yes. Senior programming executive of some type would include Suzanne Scott, correct? Yes, in my opinion, yes. include yourself, correct?Schreier and Petterson Can Prevent Rebroadcasts on FBN Q. So, Fox Business's management had the ability to say we're not going to rebroadcast a show on Fox Business; right? ferro e Senior Vice President of Programming Fox Business Network A. We have that right. BUSINESS Ex. 142 132:1-5Fox Corp Admits False Claims Should Not Be Rebroadcast Q. And the expectation of Fox Corporation when it does that is that Fox News executives will not allow false claims to be rebroadcast, sir, correct? Joe Dorrego-30(b)(6) CFO and CoO Fox News A. That is correct. Ex. 759 510:16-21¥] nw Sra ced CEO Fox News NEWS| Ex. 143 365:10-19 Testimony of Suzanne Scott Q: [YJou believe, since at least the time that Fox News called the election on November 7th, that Joe Biden was legitimately elected the A: Yes, I believe that.Scott Relays ochs’ Instructions | (rrbsoresaeroicienecmeetscreeserenioa Aeon TIO. | 5 Sane i SE ‘Lon tk vth KRM snd Leh (ld them it 72 ours wil be he wore of) they re expecting Ex.216 Ex.611 gNovember 9: Scott to Lachlan St overbers, 2000 1.0846 PMEST Ered November 9, 2000 11.9890 PMEST Chet suzanne Sct Lachlan Murdoch pele —— oes: teal Murdoch ims)», Suzanne Scot Suzanne Seat S)>, Lachlan Murcoch Is > It's two days after Biden was declared President elect. Viewers 21:40. going through the 5 stages of grief. It's a question of trust - the Az was damaging bt NOS NERS Ex.214 FoxCorp00056541Nov 10 Wallace to S t — “Alternative Universe” and “War Footing” PARTICIPANTS: Suzanne Scott -/% Unknown - | ‘Tne Newsrax surges a bt ouDing “Nua REMaEHE UNV WRENYOUWEE, bu cant be ‘gure || My problem is meade i asleep on this have to push Zason since yesterday tD get a pir promo on our ar Ex.223 FNNO71_04502926 Brigat, Irena (FoxNews): Wallace, Jay (FoxNews) 11/11/2020 9:50:20 ANA Fe: Fox News' betrayal there's question hanging nthe air - American Thinker ‘What she did and then what Neil did was worse, Neil doesn't think the American audience is smarts ou Terrible. IFthey don'ts het Ex.219 FNNO19_ 03574669to Scott and Wallace Nov 16: Dominion Reaches O From: tory Ft | Sone tonday November ee soeeeeeet ose i 2: 57 i Subject xetng re Doren Hello, Suzanne and Jay ~ Tony Fato here from Hamilton Place Stateves My clint is Dominion ating Systems which, ‘was wondering ff you both vould consider accepting an off-thexecord briefing from Dominion to walk through the business and our concerns. Let me know if you want te discuss further. Also, | hope you know I have many friends at FoxNews and i's not my usual way to go this route --| prefer to always talk to on-ar talent and producers, but | think this situation is crossing dangerous lines. — Ex.235 FNNOO8 00022197November 19: After the Press Conference Onder 8.2020 4) A {im getting major incoming on her editorializing at the top of Dana's show and her dismissive tone and incltference to the audience, We need to manage this. | saw she just aid a hit in Cavuto. | hope she didn't double down, | can't keep defending these reporters who don't understand our viewers and how to handle stories. ‘We lost 28k subs from FOX NATION, Ex.250 FNNOO8 00022461“This Has to Stop Now. The Audience is Furious.” From: (O*EXCHANGELABSIOU*EXCHANGE ADMINISTRATIVE GROUP LT /CN=RECIPIENTS. CN: 858F£6624750416430800F 72D 109436. SUZANNE SCO> | Yo: ‘Cooper, Meade Sent: ‘212020 8:56:46 PM | Subject: Re: Fox Nevis Ere Shawn Fact.Checks Trump ‘Dun! Cis to addkess this with you and Jay and Lowel temorrow (ERRBRUBIEIA ere isn ck of unersundng whats happening nhs hows Ex.254 FINNO19_ 03561073Scott Suggests Lindell On Dec 19, 2020 8:22 AM, "Scott, Suzanne” I y.r0te Please let me know if we book Pompeo and/or Mike Lindell. + hol Bah eas| SVAN President and Executive Editor of Fox News Media A ae} Ex. 147 244:17-20, 171:9-13 Jay Wallace (all shows) . You were the executive editor with ultimate editorial control over the content of Fox News, right? . Right. . You had ultimate editorial oversight for the content broadcast on Fox News about the 2020 election, right? . Yes, ma’‘am.“The North reans Do A Mo nced Show” = = = ==] Wallace, Jay (FoxNews) Briganti, rena (FoxNews) Scott, Suzanne 9/8/2020 7:49:32 PM Re: Dobbs segment Thank you. I watched Lou closely for 2 weeks during the conventions - ESSE SoS Te ana Ex.539From: Bar, Jeremy ‘Cooper, Meade 17812021 11:58:48 AM Subject: Re: Result igen a a er-v edob cau aba ns she | but they know how to navigate. IDOMINION VOTING Maria Bartiromo and Team Had Actual MaliceTestimony of Maria Bartiromo Q. And this is a common practice of yours, to jot down notes based on contemporaneous conversations that you are having with potential sources or individuals? A. Yes. I will write notes while I'm on the phone with the ee ee person to jot down what they’re telling me. Host of Q. Right. And do you recall writing these notes? Sunday Morning Futures with Maria A. Yes. Bartiromo aa Q. And were these notes based on a conversation you were having with Sidney Powell? /NEWS| 7 A. Yes. Ex, 98 152:17-153:4 gSunday Morning Futures with Maria Barti From: ‘mara bartm = Ter Maga Brom, Grossberg, AD Sent: 11/772000 5:18.57 PM Subject: [EXTERNAL] Sydney Powe Ex. 207Nov 7: McCarthy Tells Bartiromo No “Mass Cheat" - From: neva barr To: maria bartromo; Abby Grossberg = ——— Sent: *1/712020 9:42:48 PM a ‘Subject Kevin mecarthy notes You believe Biden won won fair? There are a few issues but Goi GENEVE There iS) igs heal From: na ion To: Maria Bartiromoty, Grossberg, Abby (FoxNews) | Sent: 11/7/2020 5:42:14 PM Subject: [EXTERNAL] Kevin McCarthy ravr notes: i've not a y proof so far of the Hallot Ex. 425, 426 gThe Email That Lau Twas told to email i the ls =o of information Dear Mrs. Powell, Mr. Fitton, and Mr. Dobbs: | the me r ily t it's t are, this was capped at 3% because it was supposedly determined that anything higher than that would raise suspicions, but that 3% would be enough to tipa tight race.eens Host of Sunday Morning Futures with Maria Bartiromo /NEWS| Ex, 98 133:25-134:15, 141:21-24 Bartiromo Agrees It’s “Nonsense” . Ms. Bartiromo, before you put Ms. Powell on your show, when you had this document in your possession and had sent it to your producer, did you confront Ms. Powell with this document and ask her anything about it? No. I have no idea what it even means. It's -- as I said, it's not evidence. I don't know what it is. |. It's nonsense; correct? A. I don't know who this person is. Q. It's nonsense; correct? Yes, it looks that way. . Ms. Bartiromo, would you agree that this email is inherently unreliable? . _It appears so.Testimony of Maria Bartiromo Q. Ms. Bartiromo, would you agree that this email is kooky? A. It's kooky, absolutely. Renney Host of Sunday Morning Futures with Maria Bartiromo /NEWS| Ex, 98 141:18-24DOMINION VOTING Tucker Carlson and Team Had Actual Malice“This software shit is absurd” PARTICIPANTS: Tucker Co‘so)- EE Tucker Cos) S900; ‘And trying to get the obits from trump campaign now for dead people Ex.169 FNNO35_ 03890644Carlson: “Sidney Powell is lying” PARTICIPANTS: Tucker Carlson - TE Tucker Cisc) 3: U:ic:own Sent 2020-11-17 01:33:56 AM UTC FROM: Unknown - J: Great show so far. I know that b script was wordy but it came out great Sent 2020-11-17 01:34:36 AM UTC FROM: Tucker Carlson - i ; Tt was awesome. Sidhey POWElliS WING! Fucking bitch. Ex. 150 gi gument: Carlson “Respected” Powell Tucker Carson EE Tucker Coron aPARTICIPANTS: Laura Ingraham - [INN Tucker Carlson - [INNN: Tucker Carison Sent 2020-11-18 01:3:20 eM UTC FROM, EER 180 Ex.241 FNNO35_03891091PARTICIPANTS: Tucker Carlson - (8; Tucker Carlson - 3; Uokoow: - Sent 2020-11-21 12:18:19 AM UTC FROM: Tucker Carson - Bingo. Happy to explain, but I never want to lower ourselves if we can help it. A redacted Venezuelan amrcavi eS toSs Ex.171 FNNO35_ 03890767“Shame We Have to Pretend the Case Has Any Shot At All” PARTICIPANTS: Ticker Cron - EE: Tucker ¢o0, TS io “This all co aber. Se ust attacked us again and said on Trax tet you nada "erpertartrur ove ext. Maybe not best to contrue engaging fA We deh Fat ood so we aren Shou you shou the tts? Inthe the emperar’s new dothes ion In ea Me? Ex. 528 —_ —e a £Carlson Knew What Lindell Would Say Q. Did you tell your audience in that segment or any other that you had not seen — you personally had not seen the evidence that Mr. Lindell referenced on your show? — A. As far as I know, Mike Lindell makes that same claim every single day of the year on his website and any interview that he does. I believe it is universally known by people who know anything about Mike Lindell that he believes this, and so it didn't strike me and does not strike me now as a topic that required more comment from me. Tucker Carlson Host Tucker Carlson Tonight /NEWS| Ex. 105 197:19-198:4Dobbs Cannot Host Lindell on u } We CANNOT have lindell per management Sent 2021-01-25 04:42:33 PM OM it TT He was kicked off Twitter for dominion and election stuff Ex.499 gCarlson Team Discusses dell Broadcast £x.507 eee cme ¢He Going to Say Sent 2021-01-26 03:52:13 PM UTC FROM: Mex Proitfer - | mike lindelt is crazy and about to get sued by dominion Sent 2024-01-26 43:52:21 PM UTC FROM: WexRupert: “Wrong If He Didn’t Contest It” Q. It was wrong for Tucker to host Mike Lindell to repeat those allegations against Dominion on January 26th, 2021; correct? | LUrea is tagy Co-Chairman Fox Corporation FOX A. Wrong if he didn't contest it. Ex. 600 345:4-8” he Fraud Claims t Think Tucker Pushed Back o From ‘umhom. Eny (Foss) <]0*EXCHANGELABS!OU-EXCHANGE ADWINISTRATIVE GROUP (@vDIBOHF236POLT)/CN-RECIPIENTSICN:- 7o4nA3AODSECNCSSABTIAMCCTOAGAEST. BURNHAM, E> 1: Glancey. Tess» Foss: 100d Rettions Sent: siasa0at 820 Put Sutect: RE Mike Linde He drt —Iust wrapped. Thankyou From: Glancey, Tessica ‘Sent: Tueséay' January 25,2021 820 Pt ‘To; 100-Medha Relation ‘Subject: RE: Mike Lindet From: Cireey, 2 Sone: Tuosay, January 25,2021 820 Pu ‘To: 100- Meds Retscr mia] ‘Subject: Mike Linde ASSESS |) yt said he has evidence of feud and aid that he dares Domicion to sue him so that hey canal find out ‘sooner Conor, cen youpsease pul the ful segment? Ex.764; Ex. 759 as — — 502:1-7DOMINION VOTING Jeanine Pirro and Team Had Actual Malice“Reckless Maniac” evade as Clark, David 11/13/2020 5:51:56 PM Re: [EXTERNAL] Setting The Record Straight: Facts & RumorsCraleom Vilas melee [ele T Ag From: Murdoch, Rupert Sent: Thursday, November 19, 2020 5:08 PM ToS Se | ‘Subject: Giuliani Probably hurting us too. Seems chaotic, Talk tomorrow I hope. “Scott, Suzanne To: Murdoch, Rupert Sent: 11/18/2020 5:09:38 PM Subject: Re: Giulia _yes Sean and even Pirro agrees. spoke to Hope will update you tomorrow. gEx.461 From: Austin, Kemy-Arn ‘Sent: Saturday, November 14, 2020 2:41 PM To: Andrews, |< ‘Subject: Re: OPEN Hi Jerry Just finished a On election night around midnight president trump was ahead in Pennsylvania, Michigan and Wisconsin and all of a sudden the counting stopped. INCORRECTAndrews, Jerry Cooper, Meade ( Fox); Clark, David 11/20/2020 12:36:16 PM FW: openAndrews, Jerry (FoxNews) To: Clark, David (FoxNews) Sent: 11/20/2020 12:09:25 PM Subject: FW: open Ex. 153 gct Check of False Claim Prior to Nov 21 Show | From: Astin, Kenya Se sat tay ont Re ao Lest ory es, | ] 11202020 2:32:10 PM Subject: Re: open Here ery pa ofthe sept check ‘lan But now come the presidents famyers pointing to an organize Comin Yotag Systems ci oti in Vanes, as founded Trrt 2002 erent voling machine fem, ‘Sarat wos fundod oy 3 venezianengnete Shareato hes bach ecces of hang bee tes tho \enaaston goverment Decarngto Dommion Srartrat one of ei "ecest competion” The en verse nkbatien he vo Coneane shat Smatratc and Domion both partases Senn wong Systerm a pvate US. Compary at ‘torent nes. Smerrete cold Seqioan 2007 afer Rep. Caron sonay raised national ecury cance. Dorion pprchased ceri assats fom Sequoa fh 2010 whch accordnge Domfionldto Smarmatc sug tam. aera, rer a nny pC ns son aon carey pcinpon celFrom: Escherich, John ‘Sent: Friday, November 20, 2020 2:20 PM To: Schiagete), M2), Es Austin, Key) | ‘Ward, Kevin Stein Lesskis, Courty:y Clark, Davi (Fexvews) ‘1z2i2020 3:23:08 AM Fe: [EXTERNAL] Trump Attorney Powell says Georgia i fst state she fs "going to blow up" in Felationtotraud accusations: andrew Feinberg, Reporter via TwitterLou Dobbs and Team Had Actual MaliceDobbs Also Receives the “Wackadoodle” Email Dear Mrs. Powell, Mr. Fitton, and Mr. Dobbs: Twas told to email Si the he =o of information the me isn't ily th it's t are, this was capped at 3% because it was supposedly determined that anything higher than that would raise suspicions, but that 3% would be enough to tipa tight race.Lou Dobbs Tonight Q. Now, you, Lou Dobbs, had not seen verifiable, tangible support for any of those claims that I just read, had you? Terr Host Lou Dobbs Tonight /NEWS| Ex. 111 69:13-16 A. Had I? No.November 12: Hooper Aware of NYT Fact Check |FRURRYRERTE|<10-ExcrASELAES OU-EXCHANGE ADMINNSTRATIVE GROUP (O.eorFZAEFOLT aeRecileNschracose1r2eieton tb voenceaSaUeDro HOOPER. ALE Ex.322 FNNOO1 00000340Dobbs’ Team Investigated And Saw The Evidence of No Fraud . So in doing so you or someone on the 7) ec in those Setting the Record Straight emails; fair to say? A. It's fair to say that we would have gone through these, Senior Producer /NEWS| Ex. 124 86:22-92:20ON anlelas obbs Team Sees AP Fact Che ‘Schue, Eric 11/16/2020 12265 PA Ex.439 FNOO1_ 00001079ive Notice from Ed Rollins _ SHERRIE ~/0-€xc-1NGELABSIOU=EXCHANGE ADMINGTRATVE GROUP {FYOIBOHF2SPOLT)ChERECIPIENTS!CN=S60842190CF4ADSCESEACTDIES2IABAA ro: Sent ‘inera020 esos AM Fd: EXTERNAL] Tonght Ruay has atleast been life partepating in Ex.440 FNO12_ 00108399Ed Rollins een AIR FOIA <1O-ExCrANGELABSIOU-EXCHANGE AOWINSTRATIVE GROUP (rro.sore2teP0.1)oHeRECPENTE/CHR a0 HUCFAADSCRSEACTOTERZHDA- MocarTon & ‘1072020 10255 AM Fd EXTERNAL] Toit Ex.441 FINNO18_ 02359710Ex.442 Fawcett 0002624 ‘pabasestae geoNov 17 Keep This Alive We Really Need Rudy or Sidney” HRERARTE connens Field, Jeff (FoxNews); Hooper, Alexander (FoxNews); Schaffer, Eric ( FoxNews ) 11/17/2020 5:13:08 PM RE: Dobbs Ex.258 FNNO19_ 03561073Nes ESSaRa VRS RT Cote NA eR aT COM UTNE BS Zeya 7-18 A a PARTICIPANTS: Alex Hope SE Alexander 100p¢ TEE ine MCo'0 TE one csc) Resch et Fe - Sent 2020-11-18 05:39:5: Ex.255 FNNO62_04471804PARTICIPANTS: John Fawcett - EG; Lov Dobbs -_ Tyee hn retba compote 20031/2turplea-teamdstacastromsiney pave! 7E97ADS D15C S68. 862 S3S1FA7DESES puiPaseadttachment ‘rohan shes om Sexansie nacnmueno been Ex.444 FNNO22_03852039Nore} honestly don’t understand what she’s thinking or doing” PARTICIPANTS: John Fawcett - 9 Lou Dobbs -_ ay Ex.445 a i FNNO22_ 03852042 gDec 9: Powell Lawsuits Dismissed Q. Did the fact that all of Ms. Powell’s lawsuits were dismissed and that court after court had noted that she had failed to provide the court with factual support for her extraordinary claims affect her credibility or reliability in your eyes? Ter Host Lou Dobbs Tonight /NEWS| Ex. 111 198:1-200:12; Ex. 449 A. Yes, I think.December 10 Sent: Thursday, December 10, 2020 9:44 AM a Subject: Assignments, Grid, Stories Not sure if Sidney comes through or not—thiseiktakeh cases all dismissed Ex.452 FNNOO1 00003068“Cyber Pearl Harbo Regan, Robert 4:34:09 PM HERE YOU GO We have 3 warning te the mainstream media: you have purposely sided with the forces that are ‘trying to overthrow the US system. These four people and their collaborators executed an ‘electoral 9-11 against the United States, with the cooperation and collusion of the media and the Democrat Party and China. fEISSIEVBEFPSSHIMPESE Ex.450 FBNO13_00125219Schreier Learns Too of Cyber Pearl Harb’ PARTICIPANTS: Gory Schicie:- TE ci Fe! 5; Uv - think it Lous wife just sent this to Eric and Al from Sidney and told alex to veracity is. I find it 0 iat just wanted to send to you so you weren't surprised if it happens Ex.451 FNNO13_ 00127002Testimony of Alexander Hooper i) ec s Senior Producer Ta} Ex. 124 118:21-22 Eee hadn't had time to look into the document, honestly.”obbs —Right Before Show Lou Dobbs @ @louDobbs The 2020 Election is a cyber Pearl Harbor: The leftwing establishment have aligned their forces to overthrow the United States government #MAGA #AmericaFirst #Dobbs Ex. 16Testimony of Lou Dobbs Q. The tweet states, he leftwing establishment have aligned their forces to overthrow the United States Government hashtag MAGA, hashtag America First, hashtag Dobbs; correct? Teer Host Lou Dobbs Tonight /NEWS| Ex. 111 238:5-240:13December 10 Tweet — Right After the Show | Lou Dobbs © B= Cyber Pearl Harbor: @SidneyPowelli reveals groundbreaking new evidence indicating our Presidential election came under massive cyber- Sai attack orchestrated with the help of Dominion, ‘Smartmatic, and foreign adversaries. #MAGA #AmericaFirst #Dobbs Ex. 18Testimony of Lou Dobbs Q. In the moments after your 5:00 broadcast on December 10th, were you, Lou Dobbs, concerned that Sidney Powell had failed once again to meet the expectation of providing evidence to support her claims? Teor Lou Dobbs Tonight /NEWS| Ex. 111 273:21-275:7DOMINION VOTING SYet~] aM a tolaravi ag and Team Had Actual Malice: “I did not believe it for one second” Hannity Q. I was asking who else you considered in that group, sir, just names of the people that you considered to pees be F'ing lunatics at that point. Host The Hannity Show A ave} Ex. 122 322:19-21. A. Just the people that were -- anybody that was involved in pushing that whole narrative that Sidney was pushing. I did not believe it for one second...Cuca Host The Hannity Show A ae} Ex. 122 398:2-9 Testimony of Sean Hannity . So, when she told you that because eyewitnesses to the vote rigging by Dominion were people who actually were threatened or in fear of something happening to them, and that's why they refused to give evidence, did you become even more skeptical of Sidney Powell because of that explanation? . That was the nail in the coffin for me.Cuca Host The Hannity Show /NEWS| Ex. 122 417:3-6-13 Hannity Knew It Was False Prior to Broadcast . Sir, 1 think you testified when she said that to you on your radio show that afternoon, that was the nail in the coffin for you; right? . For me it was, yes. I felt like there was never going to be forthcoming evidence. . And with that knowledge, you brought her on your show to make those same allegations onto your Fox News Primetime show; right? . I thought it was beyond newsworthy because she had never said that [Powell would not produce evidence] publicly that I am aware of prior to that.Hannity Knew What Powell Would Say Q. And you brought her on to talk both about the President's pardon of Michael Flynn and about her election fraud allegations; right? A. I knew I would hit both topics. She was on my radio show earlier in that day as well, sir. Cuca Host The Hannity Show /NEWS|) Ex. 122 294:17-21, 295:11-15 Q. So, the short answer is yes, you knew that when she came on your show that night, she was going to talk about her Dominion allegations? A. The short answer is I knew I would ask her about that, yes, sir.Sot 2070-11-74 10308289 UTE FROM: Senn Sey - Respecting this audience whether we agree or nots citical Fox has spe the month spitting at tem. right, our best minutes from iast week were on the voting iregularties Ex.518reas un ae EBM auton ReneS ip a esate te Sent 2020-41-12 09:58:17 PM UTC FROM: Tiffany Fazio: A | Laura is not touching dominion story bc it started on 8chanjannity: “We Need to Own the Dominion Stor PARTICIPANTS: Porter Berry - SEE Robert Samuel - TE Seon Henny - i Tifeoy Foo - TT Titer 2 The difference between Tuesday and Wednesday ratings is we had nothing new and less hard hitting ‘rio, ES RSTRNSTASAA RIERA Project vers stu very interesting, Can we put on Richard Sent 2020-11 12.09:24:94 PM UTE FROM Ex.226 FNNO22_03852183ated in Accused Broadcasts Fox Corp Executives: FOX 1. 2. Were in the chain of command Knew the broadcasts were airing Knew the claims about Dominion were false Allowed the false broadcasts to continueraat lai act le ciomcy—rein (0) se CHAPTER VII ABILITY M1. All Responsible. All who take part in the procurement, composition and publication of a libel are responsible in law and equally so. As was said in an early case: “Tecan see no objection against maintaining a joint action against several libellers But where several persons join in singing one and the sme libellous song, it is an entire offence and cne joint act done by them all.” After pointing out the distinetion between slander and libel, it continues: ‘But with respect to libels if one repeat and another write, and a third approve what is written, they are all makers of the libel, for all persons who eoneur, anc show their assent or approbation to the doing of an unlawful act are guilty; and | in this respect the murdering a man's reputation, by a seandalous libel, has been compared to murdering his person; where all who are assisting and encouraging in the act, are guilty of homicide. though the stroke be given by one only (5 | ‘Mod. 177).""1 But the publication of a joint libel is hut a sihgle injury. t=Wahlheimer v. Hardenbergh Opinion of Justice Cardozo: It was not his duty to edit or to approve or even to read the work of the reporters. He cannot be held as a joint tort-feasor. If he had anything to do with the publication, the case would be different. But he had nothing to do with it. 217 N.Y. 264, 111 N.E. 826Fox News Executive Staff at Time of Filin Fox Nows Executive Staff «cutive View President, Chief Operating Officer and Chief Financial Officer, FOX News Media Ex.675 gFox Corp Admits Executives Have Obligation to Stop Wrongful Conduct Q. [I]f a Fox Corporation executive is made aware of wrongful conduct happening and that executive can stop it, there is an obligation to stop it, correct? A. Right, if he is made aware of it. Beers tc )t 9103) Q. Okay. And the same is true, sir, for Rupert Murdoch. If Rupert Murdoch is aware that there is wrongful conduct happening and Rupert Murdoch can stop it, CFO and COO Fox News there is an obligation to stop it, correct? FOX //NEWS| A. If he’s made aware of it, that’s correct. Ex. 759 307:5-23Joe Dorrego-30(b)(6) CFO and CoO Fox News Ex. 759 488:23-489;15 Fox Corp Admits Murdochs Have Understanding of What FNN Is Reporting Q. You would agree with me that Mr. Rupert Murdoch has a broad understanding of what goes on at Fox News and the topics covered? A. believe he has a broad understanding of the news that we're reporting. That Fox News is reporting, I'm sorry. Q. And same for Lachlan Murdoch, you would agree that Mr. Lachlan Murdoch has an understanding of what goes on in—at Fox News and the topics covered by Fox News? A. I believe Lachlan Murdoch also would have a broad understanding of the news stories that were covered.Fox Corp’s Binding Testimony: Fox Corp Aware Q. And as we discussed yesterday, senior Fox Corporation executives certainly were aware that on Fox News there were these allegations SEES UNO) being made, right? CFO and COO F , oe Cee A. They were certainly aware that the allegations were being reported on Fox News. Ex. 759 484:24-485:6Beane) CFO and COO Fox News Ex. 759 270:16-272:6 Fox Corp Admits Senior Executives Knew False Claims Were Being Broadcast Q. And both Rupert and Lachlan had an idea about the conspiracy theories that were being spread in the November and December time frame, correct? A. I think they were aware of President Trump's claims. Q. And they were also aware, sir, that those claims were being aired on Fox News? ‘A. I don’t know to what extent they were aware of the coverage on Fox News. I’m sure they were aware that we were covering the president's claims. Q. And Mr. Viet Dinh was also aware of the fact that Fox News was covering the conspiracy allegations, correct? A, Twauld assume he was, Q. And as @ general part of Mr. Dinh’s job in his communications hat, he would have seen the pushback that was happening about the election call, for example? and updates in those e-mails, he would nt of that e-mail, he would have been aware. gSenior Fox Executives Made a Choice Not to Call The Claims False You would agree that, I think as we've discussed, the notion that these wild claims were out there and being made by people supporting the president was very much at the forefront of conversation, correct? certainly one of the more prominent news stories of the day during this time period. Q. And certainly Mr. Lachlan Murdoch could have said, even on broad level, to Ms: Scott! Let's stop giving a platform to those who are spreading these conspiracy theories, correct? Yeah, certainly, he could have—he could have provided that directive. Again, that would assume that he was aware that other shows were bringing Sidney Powell on. Q. And even at a general level, because I think you're aware from the testimony that it did rise to Mr. Rupert Murdoch, Mr. Lachlan Murdoch and Mr. Paul Ryan weighed in, that the question of how Fox should cover these allegations did rise to the level of senior executives such as Lachlan Murdoch and Rupert Murdoch and Suzanne Scott, correct? A. The coverage of the broader stories of the president's claims, yes, that is correct. Q. And how Fox should cover the claims of conspiracy rose to that level, correct? A. That—that’s correct. Z Beane) CFO and COO Fox News Ex. 759 332:7-334:2Joe Dorrego-30(b)(6) CFO and COO Fox News Ex. 759 350:10-351:20, 352:14-23 Senior Fox Executives Made a Choice Not to Call The Claims False Q. And this is a text message from Paul Ryan to Rupert Murdoch and Lachlan Murdoch, correct? A. Correct. Q. And, sir, this is Mr, Ryan telling Mr. Lachian and Mr. Rupert Murdoch that It Is a key inflection point for Fox where the right thing and the smart business thing to do line up nicely, correct? A. That—that’s what's—he states in his text, correct. Q. And he Is advising Mr. Lachlan and Mr. Rupert Murdoch that there should be a solid pushback, Including editorial, of the calls for overturning electors, et cetera, correct? A. Correct, Q. And you would agree with me that this is certainly an example of Mr. Rupert Murdoch and Mr. Lachlan Murdoch talking to a Fox board member about positioning Fox's coverage of baseless election claims, correct? A. Yes, correct. Q. Okay. And It rises to this level because this Is not a normal programming decision when President Trump is calling for a delegitimization of the election, correct? A. That's correct. . .-.1'm just asking that the reason why Mr. Ryan is sending this is because it goes to a strategic. decision at the highest levels of the board about how Fox News should givea platform or Whether Fox News should give a platform to baseless callsthat the election was fraudulent, correct? A. Correct. gRupert Knew Fox Was Airing These “Conspiracy Theories” Q. Because you are trying to straddle the line between spewing conspiracy theories on one hand, yet calling out the fact that they are actually false on the other? | [Unease tagy A. Yes. We were treating it as news that the president and his lawyers were saying this. We were commenting on it to say it was nonsense, or Tucker was. Co-Chairman Fox Corporation Ex. 600 139:14-22DoW Rupert Ex.618 g“We need to make sure they know we aren’t abandoning them” ‘On Nov 9, 2020, at 2:23 PM, Scott, Si ic A ic _| ‘Murdoch, Rupert | Soot, Suzanne 11972020 9:27:56 AMA Re: Vaccine.Rupert Admits He Was Aware Fox News Was Airing These “Wild Claims” Q. And you were aware that Fox News was having these people appear on the television under Fox’s banner to spread these charges? | LUrea is tagy A. We report the news, and we have dozens of people a day on the channels that are talking about the news. And this was big news. The President of the United States was making wild claims, but that is news. Co-Chairman Fox Corporation Ex. 600 130:10-20<(O*EXCHANGELABS/OUEXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS!CN6F057 1063€764976SB4A580008115570-CRC> Soot Swzame ‘/16i2020 5:52:97 aN Items! Mope all went well with the move p let’ s talk about things. see ti mild be watched, if skeptical] 's plece in Journal about Ex.239 FNNO11_ 00104854Urea iy Co-Chairman Fox Corporation FOX Ex. 600 129:22-130:9, 316:4-8 Rupert Knew “Rudy” and Trump’s “Lawyers” Were Appearing on Fox I think I was aware that maybe Alan Dershowitz had appeared and probably Rudy Giuliani. . You were aware that Rudy Giuliani was appearing on Fox? . No. I just assumed he would be there. . Why did you assume that he would be there? Because he liked to appear, and he - he was pushing something. We were just reporting that this is what Trump and his lawyers were saying. They were the ones saying it. . Did you actually investigate whether Sidney Powell or Rudy Giuliani was appearing on Fox News? No. . You knew that Fox -- I knew that - about Rudy. p| LUrrna ie tag) Co-Chairman Fox Corporation FOX Ex. 600 16:17-19 Testimony of Rupert Murdoch Q. I see. What are your newspapers? A.The Wall Street Journal, The London Times, New York Post. Those are the only ones I follow.11/14/2020 4:08:47 PM. et Pole: he Gurus How en Underpererned tary Chon Every Gtj-Esene These | Four. reeremn |ovember 17: WSJ Editorial Rage Against the Voting Machine I i President Trump has so far been unwilling to concede to Joe Biden, and his latest argument | is that the voting machines must have been rigged. Strong claims need strong proof, not rumors and innuendo on Twitter. Ex.631 gNovember 19 “Really Crazy St 0, at $05 PM, NSE RG I wrote On Nov 19, 202 Ex.156 FoxCorp00072484November 23: Fox News Identity Crisis Indulge Trump’s Election Conspiracy or Reject It and Watch Its Audience Flee On Nov Ex.634 gSimultaneously, the network's top-rated opinion hosts have continued to entertain the | increasingly: loony conspiracy theory that the election was stolen from ‘Trump through ‘This dissonance was neatly illustrated last weekend when Maria Bartiromo, a Fox News anchor and ardent Trump booster, who had just given the platform of her Sunday morning show to Trump lawyers Rudy Giuliani and Sidney Powell. Both laid out wild and " umproven conspiracy theories and claimed that Trump was the rightful winner of the election. Bartiromo seemed pleased to hear the news and never once challenged her guests on their claims, simply accepting their claim that they had evidence as evidence enough. Ex.636 gFrom: Tor PRESTON PADDEN Sent: 41/28/2020 12:20:55 PM Subject: Fe: Fox News Diem: Indulge Trump's Conspiracies or Lose Viewers ‘Mediate an old lefty enemy. our #1 hour. And very good, sometimes brilliant The way he Gilled Gut eRat Gries Would/BEINGVER really great. So much that Giuliani had to disown her“Nobody Wants Trump As An Enemy” A. Nobody wants Trump as an enemy. Q. Why not? | Pea ee A. Because he had a great following, big Co-Chairman following. Fox Corporation FOX Q. And you didn't want to do anything to upset him? A. Seventy-five million people voted for him. Ex. 600 80:14-21Testimony of Rupert Murdoch Q. How so did Trump's crazy attacks on Fox hurt ratings? | Least) A. Well, we all know that Trump has a big following. If he says, "Don't watch Fox News,” maybe some don't. Co-Chairman Fox Corporation FOX Ex. 600 291;15-20How Newsmax Appealed to Trump Viewers Do you agree that the nutty right-wing sites like Newsmax have been in cahoots with Trump during this November and December and January time frame? Oh, yes. Yes. Well, what was the opportunity? To establish a news channel. How so? By doing things which he thought would be popular with the Trump core. Like what? Like supporting Trump. Like airing baseless charges of election fraud? Yes, ga From: Murdoch, Rupert < Sent: Monday, December 7, 2020 7:32 AM To: Scott, Suzanne Subject: Could you call when convenient? jon (horrible) and FoxMember: Fox a “Megaphone” for Trump From: ‘anne Dine ‘ent Monday, January 11,2021 21-0: PMEST Te Ruppert Murdoch; Lachlan Murdo cc: ‘Viet Dinh Jneques Nasser ees ryani2é subject FW: The lite on foe speech inthe internet era form the Financial Times It would have been unthinkable just a few days ago that Fox News would be called upon to explain what represents abuse of power and what is unacceptable in a democracy. Yet,Rupert: Fox “Is Pivoting As Fast As Possible” But "Not As Easy As Might Seem” ‘Murdoch, Rupert Murdoch, Lachlan 4192/2021 4:36:40 AM Re: The linits on free speech inthe internet era from the Financial Times Yes, _ Just tell her we have been talking inteally and we intensely along these lines, and Fox News, which called the election correctly, is pivoting as fast as possible. We have to lead our viewers which is van not as easy Ex.646 g“The Alternate Reality Machine” ep replesimisqinliS®-& 1991 SoddedS6S0FeS72130IRESdaatchal a0 Sede2S705 29072 The Morning Dispatch: The Alternate Reality Machine A deadly riot's BASBIER The Dispatch statt Janz [Ff In he roughly eight weeks between the election on November 3 and the Capitol ots con Januaty 6 exes ——_— gSeptember: Rupert Discusses Fox Hosts With Trump 1 From: Murdoch, Rupert To: Scott, Suzanne ce: Murdoch, Lachlan Sent: 9/15/2020 11:21:20 AM Subject: Re: Potus Rallies Talked a little about a few things but he insisted on talking about our people! Loved twice over Lou Dobbs , loves Hannity, loves Maria B (known her for thirty years), Ex. 707 gRupert Knew Dobbs Was an “Extremist” Q. When did you realize that Mr. Dobbs was an extremist? A. I guess in 2020, Q. What caused you to think that, sir? | [Unease tagy A. The call from Mr. Trump. Q. In September 2020? Okay. And, sir - Co-Chairman Fox Corporation A. And that was the only call he made me that year, apart from February. Q. Sir, you could have suggested at any point to fire Lou Dobbs; correct? Ex. 600 A. Yes. 177:6-14, 172:19-22From: Murdoch, Rupert ——___/> Sent: Saturday, January 16, 2021 12:17 PM To: Scott, Suzanne Subject: Peoplea Testimony of Rupert Murdoch Corea Co-Chairman Fox Corporation FOXFox Corp Admits Rupert Gave Instructions Q. ...You see, sir, this is an e-mail from Rupert Murdoch to Suzanne Scott with a CC to Lachlan Murdoch, correct? A. Correct. Q. And can you please read this e-mail to the jury starting in the second paragraph. A. Sure, “Trump insisting on the election being stolen and convincing 25% of Americans was a huge disservice to the country. Pretty much a crime. Inevitable it blew up on January 6th.” Shall I continue? Q. Please. A. “Best we don't mention his name unless essen! support him. We ha the Senate, don’t take sides, I know he is being over demonized but he brought it on himself.” Q. Sir, this is Rupert Murdoch giving instructions on how to cover Donald Trump; is it not? He certainly sharing his suggestion with Suzan Q. And does Fox Corporation believe that convincing 25% Americans that the election was stolen was a huge disservice to the country? A. Rupert Murdoch as chair of Fox Corporation certainly does, so I would Joe Dorrega-30(b)(5) and certainly don’t CFO and COO Fox News Ex. 759 401:12-402:23The more I think Murdoch, Rupert Scott, Suzanne Murdoch, Lachlan 1/20/2021 4:36:58 PM Republicans, remarks or complaint the more I agre demonized, butLUrea iets) Co-Chairman Fox Corporation FOX Ex. 600 260:21-25 Testimony of Rupert Murdoch Q. In fact, you talked to Ms. Scott and said, "No more Trump appearances on the network."? A. At some time, I certainly said that.(FYDIBOHFZ3SPDLT)/CN=RECIPIENTS/CN=0F057 1C83E7E4976964ASB009E115570-CRC> Scott, Suzanne 11262021 4:03:38 PA Re: McEnany Saw MeDowell in something yesterday and she looked and sounded good. Much, pe <1O-EXCHANSELAESIOU-EXGHANDE ADMINSTRATIVE GROUE 7.00 is a good time for a female host. | ee From: Murdoch, Rupert Sent: Tuesday, January 25, 2021 12:15 PM To: Scot, $22 Ex.706 Agree? gRyan: “Fox News Should Not Be Spreading Conspiracy Theories” Q. You were conveying them during this timeframe to Lachlan and Rupert i i ies, right? A. Yeah, you know my opinions. I’ve made my opinions pretty clear. Q. Please tell us again what your opinions are about this. Fox Board Member A. Conservative movement should move beyond Donald Trump for the sake and health of it and the country. And I think that’s in Fox News' interest as well. Q. And that's what you were telling Rupert and Lachlan at the time? Ex. 620 A. Uh-huh, yes. 317:10-25 gTestimony of Paul Ryan Q. And you've made suggestions about how Fox should be pivoting at this key inflection point during November 2020 through January 2021, correct? Com UF A. Yes. Fox Board Member FOX Q. And your advice was consistent throughout this timeframe to move on from Donald Trump and stop spouting election lies, correct? A. Yes. Ex. 620 410:23-411:9Fox Corp Admits Lachlan Can Weigh In Q. You would agree with me that Lachlan Murdoch can weigh in on a particular guest, right? Joe Dorrego-30(b)(6) CFO and COO Fox News A. Oh, he—certainly. Ex. 759 325:18-21Sent 2020-11-13 08:08:18 PM UTC FROM: Gai Lachian just joined the 3pm. FYI.Testimony of Lachlan Murdoch Q. Yes. Back in the same time period, November 2020, you actually sometimes gave Suzanne Scott specific direction on both the tone and narrative of Fox's news coverage, didn't you, sir? v4 ere) Co-Chairman and CEO Fox Corporation FOX A. I would make suggestions, yes. Q. And she would listen to you often, wouldn't she? Ex. 130 A. I hoped she would listen, yes. 115:17-116:2Lachlan a “News Junky” ‘] ere ia) A.Like I said, I’m a news junky, so reading newspapers and watching news. Co-Chairman and CEO Fox Corporation Ex. 130 17:6-16, 101:10-12Lachlan Murdoch Follows the News Closely Q. Back in that time period, where did you get your own news personally? A. read newspapers. I read -- I'm old-fashioned. I still read newspapers, paper form, whenever I can. I'll also read newspapers digitally as well. And then news, I'll watch Fox News and then when I can I'll watch our competitor CNN, MSNBC and others. Sometimes BBC and the like. v4 eum) Co-Chairman and CEO Fox Corporation FOX Q. And back in the relevant time period and today, what newspapers do you typically read and rely on for your news? A. The Wall Street Journal first and foremost, New York Times, the New York Post. To a lesser degree but sometimes the Washington Post, the Australian. Ex. 130 24:9-17, 25:6-12