What internal Fox communications were revealed in the Dominion and Smartmatic discovery and how have courts described them?
Executive summary
The discovery process in the Dominion and Smartmatic litigation produced thousands of internal Fox emails, text messages and other communications that plaintiffs say show hosts and executives privately doubting election-fraud claims while publicly amplifying them, and judges in related proceedings have described those materials as “embarrassing,” central to proving falsity or malice, and in the Dominion case as evidence that the network aired statements that were “CRYSTAL clear” falsehoods [1] [2] [3].
1. What kinds of internal communications were produced
The disclosed material encompassed internal emails, text messages, production notes and deposition testimony from hosts, producers and senior executives at Fox and Fox Corporation — including custodial material from high-level employees that plaintiffs sought from the Murdochs — amounting to thousands of pages and numerous messages submitted in redacted form in court filings [1] [4] [5].
2. What the messages showed, according to plaintiffs and media reporting
Plaintiffs and news summaries point to texts and emails in which on-air talent and some executives expressed skepticism about the election-fraud theories — calling them “crazy” or “nuts” or privately deriding particular propagators — even as some hosts and producers debated whether to keep running segments to retain viewers, and examples cited in filings include texts from personalities suggesting ratings advantages to “going all in” on Stop the Steal themes [6] [7] [8].
3. Specific examples tied to litigation filings
Court filings and media reporting flagged messages attributed to named hosts — including texts about audience retention and pro-Trump sympathy from on-air figures such as Jeanine Pirro, Maria Bartiromo and others — plus internal notes showing editorial oversight by programming executives; plaintiffs inserted these examples into summary-judgment briefs to argue the network knowingly aired false claims [9] [7] [3].
4. How courts described those communications in Dominion
In Dominion’s Delaware litigation, Judge Eric M. Davis relied on discovery to conclude that numerous statements broadcast about Dominion were false and defamatory per se, and the record assembled during pre-trial discovery — including internal communications and depositions — was treated by the court as central to proving falsity and assessing the defendant’s state of mind [3] [2]. Media outlets and court filings reported that the Delaware judge called certain election-fraud claims “CRYSTAL clear” falsehoods, a phrase that plaintiffs invoked in subsequent filings and in related litigation strategy [10].
5. How courts and proceedings have treated the materials in Smartmatic
Smartmatic has sought to import the Dominion discovery record into its own New York action and has filed thousands of pages of similar communications to argue the network acted with knowledge or reckless disregard for truth; New York appellate and trial judges have permitted much of that discovery to proceed, with Smartmatic pressing that the documents show hosts and executives privately dismissed conspiracy theories yet aired them to protect ratings [6] [11] [5].
6. Fox’s pushback, procedural fights and sanctions allegations
Fox has disputed characterization of the messages, defended its First Amendment protections, and in Dominion was sanctioned by a judge for discovery practices after plaintiffs complained about withheld materials and custodial production gaps; the company has argued it complied with discovery and, in Smartmatic, has resisted wholesale adoption of Dominion materials while asserting counterclaims that the suit seeks to chill speech [8] [12] [10].
7. Competing narratives, legal thresholds and reporting limits
While plaintiffs and multiple media accounts frame the internal communications as proof of a deliberate campaign to spread known falsehoods, Fox and some commentators stress free-speech defenses and question whether internal expressions of skepticism equate to legal malice; reporting shows courts have treated the materials as probative but litigation remains complex — with some rulings favoring plaintiffs’ access and others leaving key malice findings for trial — and available sources do not provide every underlying message unredacted for public review [8] [5] [4].