Lawyers representing Smartmatic, a voting technology firm pursuing a $2.7 billion defamation lawsuit against Fox News, have expressed a desire to question Rupert Murdoch, the founder, regarding his problematic attempts to alter his family trust. This request was revealed during a court session on Monday. The lawsuit revolves around Fox News’ reporting related to allegations of voting fraud in the 2020 election. The attorneys argue that the ongoing dispute concerning Murdoch’s media empire’s succession could illuminate any potential involvement of Fox Corp. in editorial decisions.
This issue is significant, albeit somewhat technical, as Smartmatic seeks to hold Fox Corp., which has substantial financial resources, accountable for the claims made on its network. Fox News counters that it is not liable, asserting its engagement in journalism instead of defamation when it aired fraud allegations put forth by attorneys representing then-President Donald Trump.
It has been suggested that Murdoch may have already undergone a deposition— a sworn out-of-court testimony— related to the defamation case. Although these records remain sealed, the possibility of his deposition was briefly noted during a hearing back in 2022. Currently, Smartmatic is eager to question the 93-year-old media magnate concerning his attempts to revise the plans for his business interests after his passing.
This situation is unfolding privately within a Nevada probate court, and reports indicate that Murdoch aims to keep his eldest son, Lachlan, in charge of the company’s media outlets to maintain a conservative editorial direction. According to Edward Wipper, a lawyer for Smartmatic, it is crucial to have Murdoch on record regarding these adjustments while the probate proceedings continue.
On the other hand, Fox News’ attorney, K. Winn Allen, dismissed the relevance of the probate case, asserting that it bears no relation to Smartmatic’s claims and is, therefore, an inappropriate element to include in the dispute. After the court session, Fox Corp. refrained from making any comments.
In a related issue, Fox’s legal team has requested documentation linked to a federal criminal case investigating several individuals, including Smartmatic co-founder Roger Piñate, who are accused of attempting to bribe a Filipino election official. Piñate has pleaded not guilty, and Smartmatic has not been charged in this criminal matter, with their attorneys arguing that it bears no relevance to the defamation case. Fox previously sought a court order to acquire this information but was unsuccessful; a renewed hearing is scheduled for next week.
It remains uncertain when Judge David B. Cohen will rule on either the request from Fox or on Smartmatic’s pursuit of details related to the Murdoch family trust case. Both actions are currently part of the pretrial information-gathering process, with no trial date established yet.
Smartmatic positions itself as a minor participant, primarily serving Los Angeles County, a heavily Democratic area, in the 2020 presidential election. Following the election, legal representatives for Trump, including Rudy Giuliani and Sidney Powell, depicted Smartmatic as part of a broader plot to steal votes from the Republican side. However, multiple federal and state election officials, along with exhaustive investigations in critical states, found no significant fraud that could have influenced the election’s results. Courts, including those led by judges appointed by Trump, dismissed numerous fraud allegations.
In a turn of events, Fox News aired an interview with an election technology expert who contradicted the claims made against Smartmatic—this occurred only after Smartmatic requested a retraction. Meanwhile, the network is countersuing Smartmatic under a New York law aimed at preventing frivolous lawsuits intended to suppress reporting or criticism on public issues.
The New York lawsuit filed by Smartmatic is just one of several arising from reports by conservative-focused media outlets regarding Trump’s claims of vote rigging in 2020. Smartmatic has already reached a settlement with One America News Network and Newsmax. Moreover, Fox News settled for $787 million in the prior year with Dominion Voting Systems, another election technology company that similarly sued over conspiracy theories linking its equipment to Trump’s electoral defeat.