Smartmatic, the voting technology company suing Fox News over its promotion of 2020 election lies, is trying to obtain evidence from the secret court battle between Rupert Murdoch and his children over the future of his right-wing media empire.
For the first time, Smartmatic has gone directly to the probate court in Nevada and asked a commissioner to turn over some of the secret documents in that case, a source told CNN.
The voting technology company wants to examine sealed documents from the family fight that it thinks will bolster its defamation lawsuit against Fox, according to a source familiar with recent filings in the Murdoch trust case. The source said these documents could include transcripts of depositions or trial testimony from media mogul Rupert Murdoch and his and family members, who control Fox’s parent company
After Donald Trump lost the 2020 election, many of Fox News’ on-air hosts and guests falsely accused Smartmatic of rigging the results to help elect Joe Biden. Those lies are at the heart of Smartmatic’s massive defamation suit against Fox News and its parent company, Fox Corporation. The Fox entities vehemently deny that they defamed anyone.
The Murdoch family has battled over succession in compete secrecy in a Reno court. Earlier this month, a probate commissioner rejected an attempt by Murdoch, 93, to retool the irrevocable family trust so his most conservative son, Lachlan, could singularly lead Fox Corporation after his death, instead of sharing power with his three siblings as planned.
The source said Smartmatic’s filings say testimony from the Nevada case might contradict past assertions in the 2020 election litigation, where Fox claimed control of the parent company doesn’t impact the editorial direction of Fox News. In the Nevada case, Rupert has argued that Lachlan must succeed him in order to maintain his outlet’s right-wing political bent.
On the public docket in Nevada, there are indications that an outside party filed a motion last week. The records are sealed and CNN has not obtained Smartmatic’s filing.
A Fox spokesperson and attorneys for the Murdochs did not immediately respond to a request for comment. Lawyers for Fox previously said in Smartmatic’s election defamation case that they oppose disseminating the records from the family trust fight.
“That litigation is entirely irrelevant to this case,” Fox lawyer Winn Allen told a judge during a hearing last month. “That is litigation pending in a Nevada probate court, and concerns changes that Mr. Murdoch made to the family trust in 2023, years after the alleged conduct in this case… It has nothing at all to do with the issues in this case.”
CNN previously reported that the Nevada probate commissioner eviscerated Rupert and Lachlan for acting in “bad faith” to manipulate the family trust, rejecting their bid to amend the family trust. They can appeal the decision.
That ruling was sealed. The New York Times, which obtained the full 96-page ruling, reported that the commissioner further concluded Rupert’s proposal was a “carefully crafted charade” and that his representatives “demonstrated a dishonesty of purpose and motive.”
Smartmatic’s defamation case against Fox is slated for trial next year in New York, unless there is an out-of-court settlement, which is common in these cases. Smartmatic is also trying to obtain the Nevada records through the discovery phase of the New York litigation.
The lawsuit is just one of many 2020-related cases that are still pending in the courts. Smartmatic is suing Trump allies Mike Lindell and Sidney Powell. The company has settled similar litigation against conservative network Newsmax and the far-right channel One America News.
A separate but similarly aggrieved voting technology company, Dominion Voting Systems, famously settled with Fox for more than $787 million after jury selection began in that defamation trial last year. Dominion is still suing Newsmax, OAN and other Trump allies.
All of the media outlets and Trump allies facing lawsuits deny wrongdoing.
