Private communications and newly unredacted court documents have laid bare the inner workings of Fox News during the tumultuous aftermath of the 2020 U.S. presidential election, providing a rare look at how the network’s top hosts and executives handled—and at times amplified—claims of election fraud. The revelations come as Smartmatic, a voting technology company, pursues a $2.7 billion defamation lawsuit against Fox, alleging the network knowingly aired false claims that Smartmatic was involved in rigging the election in favor of Joe Biden.
According to filings first reported by The Washington Post and later detailed by Deadline and HuffPost, the lawsuit has unearthed a trove of text messages, emails, and internal debates among Fox News personnel. Among the most eye-catching disclosures are text messages from Jeanine Pirro, a former Fox News host who was recently confirmed as U.S. attorney for the District of Columbia. In September 2020, Pirro texted Ronna McDaniel, then-chair of the Republican National Committee, boasting, “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’s texts, revealed in Smartmatic’s court filings, show her close alignment with Donald Trump’s campaign and the Republican Party while still on air at Fox. The filings also detail Pirro’s efforts to secure a presidential pardon for her ex-husband, Al Pirro, involving direct appeals to Eric Trump, Rudy Giuliani, and Bernie Kerik. On January 20, 2021, just hours before Trump left office and granted the pardon, Pirro sent a furious message to Kerik’s girlfriend: “U can tell ur boyfriend he’s a selfish bastard. I fought for his pardon. DO NOT CALL ME. FUCK HIM. I DONT CARE ABT HIM.”
The documents further illuminate Fox News executives’ unease with the direction of their programming as the election results became clear. On November 7, 2020—the day networks declared Joe Biden the winner—Fox executives decided not to air Pirro’s show, fearing her guests would claim the election was being stolen. David Clark, then in charge of weekend programming, wrote, “Bottom line – I don’t trust her to be responsible tomorrow. Her guests are all going to say the election is being stolen and if she pushes back at all it will just be a token.” Meade Cooper, another executive, replied, “Maybe she does not have show tomorrow night.”
Pirro was incensed by the decision, texting Sean Hannity, “I’M TIRED OF THE CENSORSHIP AND I’M EMBARRASSED BY HOW THEY CALLED THIS ELECTION…” Hannity replied, “This may be different. I’m now looking for changes. One is to leave u alone.” Pirro returned to air the following week, featuring Trump attorney Sidney Powell, who made unproven claims that Smartmatic and Dominion software had been manipulated to alter the election outcome.
Smartmatic’s lawsuit asserts that Fox News leaned into stolen election claims as its ratings fell following its early call of Arizona for Biden—a move that angered Trump supporters and reportedly led to a drop in viewership. The court filings demonstrate that Fox hosts and executives were internally skeptical of the claims being aired. Jesse Watters, now a prominent primetime host, wrote to colleagues about Powell after her November 19, 2020, press conference with Giuliani, saying she had “lost it” and that “Fox can’t even touch that. She’s radioactive now.”
Behind the scenes, infighting among Fox personalities was rampant. In an October 27, 2020, text, Pirro described an Oval Office encounter where Hannity “storms in like he owns the place, throws his papers on the Pres desk and says, you don’t mind if I use your private bathroom, and walks into bathroom within Oval and uses it. Looks at me and says, I got to talk to him. Ie, you go. It’s all abt him, period. No one else matters.”
Despite the on-air rhetoric, Pirro confirmed under oath that she believes Joe Biden was “legitimately elected President of the United States in the 2020 election.” Still, the network’s coverage continued to fuel doubts about the election’s legitimacy. In another exchange, Watters texted Greg Gutfeld on December 5, 2020, “Think about how incredible our ratings would be if Fox went ALL in on STOP THE STEAL.”
Smartmatic claims it repeatedly alerted Fox executives to the falsity of the allegations being made on air. The filings also highlight that some Fox journalists, like Kristin Fisher, faced internal reprimands for challenging the lack of evidence behind the fraud claims. Fisher recalled being told by the D.C. bureau chief that top executives believed she “needed to do a better job of respecting the audience.”
Fox News, meanwhile, has mounted a vigorous defense. In statements to Deadline and HuffPost, a Fox spokesperson argued, “The evidence shows that Smartmatic’s business and reputation were badly suffering long before any claims by President Trump’s lawyers on Fox News and that Smartmatic grossly inflated its damage claims to generate headlines and chill free speech.” The network contends that its coverage was well within the bounds of reporting on a matter of national importance, with its legal team stating, “Some Fox News and Fox Business reporters and commentators—including on its highest-rated shows—were skeptical of the President’s challenges. Others believed they had merit. But all accurately reported the President’s claims while also providing their opinions on a fast-moving and evolving issue of national importance.”
Fox further claims that Smartmatic’s $2.7 billion damages claim is “pure fiction,” noting that the company’s executives were already under federal investigation for bribery and money laundering in connection with contracts in the Philippines. Fox is also seeking public records related to Smartmatic’s 2020 Los Angeles County contract, citing allegations by federal prosecutors that Smartmatic executives overbilled for voting machines and funneled the difference into a “slush fund” for bribing officials. However, Smartmatic has strongly denied these allegations, stating, “There are no ‘slush funds’—only healthy contingency funds to ensure massive deployments run smoothly. The alleged 2019 bribe in Venezuela is also untethered from reality. Smartmatic ceased all operations in Venezuela in August 2017 after blowing the whistle on the government, and has never sought business there again. The timing of these allegations seems highly suspect, especially when paired with Fox’s aggressive effort to amplify them.”
The legal battle comes in the wake of Fox’s $787.5 million settlement with Dominion Voting Systems in 2023 over similar claims. Both Fox and Smartmatic have requested summary judgment in the current case, with a decision expected from Manhattan Judge David Cohen in the coming months, as reported by The New York Times.
As the case moves forward, the newly revealed communications offer a window into the pressures, motivations, and divisions that shaped Fox News’s coverage during one of the most contentious periods in recent American political history. The outcome could have far-reaching implications for media accountability and the boundaries of free speech in the digital age.
