Newly revealed court documents in Smartmatic’s $2.7 billion defamation lawsuit against Fox News have uncovered private messages exchanged by Fox hosts and executives in the aftermath of the 2020 presidential election.
The filings highlight how some of the network’s most prominent figures privately discussed doubts about election fraud claims that they later broadcast to viewers.
Fox News has repeatedly denied Smartmatic’s accusations. The network argues in legal filings and public statements that its coverage reflected “newsworthy” comments from President Trump and his legal team, not endorsements of those claims.
Why It Matters
The newly released text messages cut to the center of Smartmatic’s case, underscoring the gap between what Fox personalities said in private and what was aired publicly.
Smartmatic contends this contrast proves Fox acted with “actual malice,” valuing ratings and audience retention over factual reporting. Fox maintains that covering statements from a sitting president and his lawyers falls under protected journalistic practice.
The lawsuit follows Fox’s 2023 settlement with Dominion Voting Systems for $787.5 million over similar claims. While Dominion operates primarily in the U.S., Smartmatic says Fox’s coverage caused significant reputational and financial harm worldwide. The outcome of this case could shape future court rulings on the balance between press freedom and accountability for misinformation in political reporting.
What the Texts Revealed
Jesse Watters on Ratings and “Stop the Steal”
One of the most striking disclosures involves Fox News host Jesse Watters. On December 5, 2020, Watters allegedly texted colleague Greg Gutfeld: “Think about how incredible our ratings would be if Fox went ALL in on STOP THE STEAL.”
That message, cited in Smartmatic’s filing, appears to show Watters considering ratings benefits of amplifying fraud claims. According to The Washington Post, Watters later testified under oath that he had seen “no evidence that Smartmatic Technology switched votes in the 2020 Election in the United States.”
In other November 2020 texts with producer Megan Albano, Watters described “an audience uprising vs. Fox like I’ve never seen” after the network called Arizona for Joe Biden. He also referred to Trump attorney Sidney Powell as “radioactive now” and said she had “lost it.”
Jeanine Pirro on ‘Helping Trump’
The filings also reference messages from Jeanine Pirro, then host of Justice with Judge Jeanine. In November 2020, she allegedly texted about “helping Trump while at Fox News.”
“I work so hard for the party across the country,” Pirro wrote to then-RNC Chair Ronna McDaniel, according to Smartmatic’s motion. “I’m the Number 1 watched show on all news cable all weekend. I work so hard for the President and party.”
Bret Baier’s Push for Fact-Checks
Bret Baier, anchor of Special Report, raised concerns about misinformation. In a November 2020 text to Fox News Media president Jay Wallace, Baier wrote: “None of that is true as far as we can tell. We need to fact-check this crap.”
Skepticism from Other Hosts
The filings note that Sean Hannity called Powell’s claims “insane,” while Laura Ingraham privately labeled her “a complete nut.” Maria Bartiromo shared unverified claims from Trump’s legal team even while acknowledging they weren’t confirmed. Rupert Murdoch also texted that it was “really bad” Rudy Giuliani was allowed on air with unverified allegations.
Fox’s Response
Fox maintains its reporting was protected journalism. In May 2025, the Associated Press reported that a New York appeals court granted Fox access to Smartmatic records tied to a bribery case in the Philippines—evidence the network says proves Smartmatic’s reputation problems predated the 2020 coverage.
In a statement, Fox said: “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. Now, in the aftermath of Smartmatic’s executives getting indicted for bribery charges, we are eager and ready to continue defending our press freedoms.”
Smartmatic counters that Fox “amplified false election fraud claims as a strategic response to viewer backlash” after its Arizona call.
What’s Next
The case, still moving through New York courts, will test how far defamation law reaches when applied to political coverage. A trial date has not yet been set, but legal experts say proceedings could stretch into 2026 given the extensive evidence and pre-trial battles.
