Fox News settled a defamation case Tuesday brought by Dominion Voting Systems over allegations aired by the network that the 2020 presidential election was rigged in part by Dominion’s voting machines.
Dominion had sought $1.6 billion from Fox News, but just before opening statements began — and with a jury already picked — the trial came to a halt.
The lawyers had met with the judge for about 2 hours and agreed to settle the dispute. The exact amount is not known, but CNN reported the amount was for $787.5 million.
Fox did not disclose the amount, as is typical in settlements.
“We are pleased to have reached a settlement of our dispute with Dominion Voting Systems,” Fox said in a statement. “We acknowledge the Court’s rulings finding certain claims about Dominion to be false. This settlement reflects FOX’s continued commitment to the highest journalistic standards. We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues.”
Meanwhile, Dominion’s attorneys thanked the media for following the case, saying they’ll continue to pursue accountability from other outlets as well.
“We will see you at the next one,” said Davida Brook, a lawyer for Dominion.
The discovery process uncovered that Fox officials — in private texts and emails — doubted claims that the 2020 election was rigged.
Dominion accused Fox of libel for repeatedly airing, in the weeks after the 2020 presidential election, false allegations by Trump allies that its machines and the software they used had switched votes to Democrat Joseph R. Biden — even though many at the network doubted the claims and disparaged those making them.
Records released as part of the lawsuit showed how Fox hosts and executives aired the claims in part to win back viewers who were fleeing the network after it correctly called hotly contested Arizona for Mr. Biden on election night.
During a deposition, Fox Corp. Chairman Rupert Murdoch, who founded the news network, testified that he believed the 2020 election was fair and had not been stolen from Mr. Trump.
“Fox knew the truth,” Dominion argued in court papers. “It knew the allegations against Dominion were ‘outlandish’ and ‘crazy’ and ‘ludicrous’ and ‘nuts.’ Yet it used the power and influence of its platform to promote that false story.”
Still, while covering the settlement announcement, Fox News host Neil Cavuto said the network did not admit to defaming the voting machine company.
“Fox had denied any wrongdoing,” Mr. Cavuto said.
Fox had argued the statements were not defamation and were protected under the “fair report” privilege and as opinion.
A mountain of evidence — released in the form of deposition transcripts, internal memos and emails from the time — was damaging to Fox even if some of the material was only tangentially related to the libel argument.
Much of the material showed a network effectively terrified of its audience after its election night declaration that Mr. Biden had won Arizona. The race call infuriated Mr. Trump and many viewers who supported him.
One of Fox’s top news anchors, Bret Baier, noted the audience’s anger and suggested rescinding the call, even awarding the state to Trump.
“We don’t want to antagonize Trump further,” Mr. Murdoch said in a Nov. 16 memo.
Mr. Biden narrowly won Arizona, but two executives responsible for the accurate election night call lost their jobs because of it two months later. In an internal memo, Mr. Murdoch talked in mid-November about firing them.
Fox executives and anchors discussed how not to alienate the audience, many of whom believed Mr. Trump’s claims of fraud despite no evidence to back them up. Fox’s Tucker Carlson suggested a news reporter be fired for tweeting a fact check debunking the fraud claims.
Some of the exhibits were simply embarrassing, such as scornful behind-the-scenes opinions about Mr. Trump, including a Carlson text message that said, “I hate him passionately.”
• This article is based in part on wire-service reports.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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