In a saga that has gripped both political and media circles, newly unsealed court filings have shed fresh light on the $2.7 billion defamation lawsuit filed by Smartmatic, a voting technology company, against Fox News. The company alleges that Fox knowingly broadcast false claims of election fraud after the 2020 presidential contest, a move that has already cost the network dearly in a similar case and now threatens to inflict even greater financial and reputational damage.
According to hundreds of pages of court documents released in August 2025, Smartmatic’s lawsuit—filed in 2021 and still ongoing—centers on the actions of Fox hosts Maria Bartiromo, Lou Dobbs, and Jeanine Pirro. These high-profile figures are accused of repeatedly spreading conspiracy theories about the election, often despite privately acknowledging that the claims were baseless. The filings, as reported by multiple outlets, detail how Fox executives and on-air talent pivoted sharply to promote former President Donald Trump’s assertions of widespread fraud, particularly after the network’s controversial Election Night call of Arizona for Joe Biden.
This strategic pivot, internal communications reveal, was motivated by a desire to retain viewers who were angered by Fox’s reporting of Biden’s victory. As Smartmatic argues in its filings, Fox “prioritized maintaining viewership among its audience—many of whom were discontent with the network’s acknowledgment of Joe Biden’s election victory—over journalistic integrity.” According to the documents, Fox allowed Trump aides to propagate conspiracy theories on air, tailoring coverage to meet the expectations of their core audience.
The internal dynamics at Fox during this period were laid bare in a trove of text messages and emails. In one dramatic example, Fox News host Jesse Watters texted fellow host Greg Gutfeld, “Think about how incredible our ratings would be if Fox went ALL in on STOP THE STEAL.” This sentiment was echoed by other network figures, with evidence suggesting that the “STOP THE STEAL” narrative was seen as a ratings boon. Indeed, Fox’s ratings surged whenever allegations of election fraud were discussed, leading to a network-wide incentive structure that rewarded those who supported Trump’s claims and penalized those who did not.
Jeanine Pirro, a particularly prominent figure in the filings, is alleged to have used her platform to both support Trump and request a presidential pardon for her ex-husband, Albert Pirro, who had been convicted of conspiracy and tax evasion. In text messages to then-Republican National Committee chair Ronna McDaniel, Pirro boasted, “I work so hard for the President and the party.” Producers behind the scenes were less impressed, with one labeling her a “reckless maniac” after a show filled with conspiracy theories. Pirro also communicated with Trump lawyer Sidney Powell, forwarding supposed evidence of electoral fraud and amplifying narratives that would later be widely discredited.
Maria Bartiromo, another key host, played her part by offering her show as a platform for Trump’s legal team to air their claims. She urged Powell to “[p]lease please please overturn” the election, positioning her broadcasts as friendly territory for the Trump campaign’s efforts to dispute the results. Lou Dobbs, who described the situation as a “coup d’état” in his own messages, was equally vocal in his desire to combat Biden’s win, though his show was ultimately canceled in early 2021.
What’s perhaps most striking is the aftermath for those involved. While some Fox employees who pushed back against the false narratives—such as Chris Stirewalt, Bill Sammon, Neil Cavuto, Kristin Fisher, and Leland Vittert—were fired or left the network, those who championed Trump’s claims were rewarded. Pirro was promoted to co-host the influential weekday panel show “The Five” before leaving Fox only to join Trump’s second administration as U.S. attorney for the District of Columbia. Bartiromo continues to host her programs, and both Jesse Watters and Greg Gutfeld were elevated to prime-time slots.
Fox’s defense has been to argue that it was merely reporting on newsworthy events and that Smartmatic has exaggerated the impact of the coverage, hoping to cash in on the lawsuit. The network also claims that Smartmatic’s reputation had already been damaged by unrelated corruption allegations abroad, including accusations of bribery and financial misconduct in the Philippines. Fox maintains that Smartmatic’s operations—primarily in Los Angeles County—were not significantly harmed by the broadcasts in question.
Smartmatic, for its part, contends that Fox’s actions were part of a broader industry pattern. The company has already settled defamation claims against other outlets, including Newsmax and One America News Network, over similar post-election coverage. However, the scale of the Fox case dwarfs those previous settlements, and the stakes are heightened by the network’s influential role in shaping public opinion during a period of extraordinary political upheaval.
The context for this lawsuit is Fox’s earlier legal battle with Dominion Voting Systems, which ended in a record $787.5 million settlement in 2023. In that case, a judge declared it was “CRYSTAL CLEAR” that the allegations against Dominion were entirely unfounded. The similarities between the two cases are hard to ignore, with both centered on the deliberate amplification of falsehoods to serve political and commercial interests.
Meanwhile, the broader political landscape remains fraught. Former President Trump, undeterred by past controversies, recently announced plans to sign an executive order aimed at ending mail-in ballots—an action legal experts say would far exceed his constitutional authority. This announcement, reported in mid-August 2025, underscores the ongoing efforts to challenge the legitimacy of American elections and the persistent influence of narratives first seeded in the immediate aftermath of the 2020 vote.
As the Smartmatic case moves forward, it’s clear that its outcome could have far-reaching implications—not only for Fox News, but for the future of media accountability and the boundaries of political speech in the United States. With trial proceedings potentially stretching into 2026, all eyes will remain on the courtroom, where the consequences of the 2020 election’s misinformation campaigns are still being reckoned with.
The release of these filings has reignited debate over the power of media organizations to shape political reality and the responsibilities they bear to the truth. For Fox, Smartmatic, and the broader American public, the final verdict may yet set a precedent for years to come.
