Dominion's Full Brief—February 16, 2023 Public Version

Appendix C identifies by name and title each individual mentioned in this brief.

and Mr. Poulos retains approximately a I 2% stake in the company. Ex.439. Dominion’s business is organized as U.S. Dominion, Inc., a Delaware corporation, and its two wholly owned subsidiaries, Dominion Voting Systems, Inc. and Dominion Voting Systems Corporation (collectively "Dominion”). Ex.18S (Georgia proposal, Section I ), p.1; Ex.183. Poulos Aff., $5.

In the 2020 Presidential Election, Dominion served customers (typically counties) within 28 states and Puerto Rico. Ex.l 83, Poulos Aff., $7; Ex.l 89 at FNNOOS 00026255. The 2020 Presidential Election received praise as “the most secure in American history.” Ex.190. But the election’s success turned into a nightmare as Fox gave wide prominence to the lies and false claims of fraud against Dominion in twenty defamatory broadcasts spanning from November 8, 2020 until January 26, 2021.

A.Prior to Election Day: Setting Up the False Narrative of Fraud.

Before the 2020 Presidential Election, Donald Trump made clear he would claim fraud if he lost. In the words of Chris Stirewalt, Fox s Politics Editoi during the relevant timeframe: “Long before” the election, Trump “started making the claim that the only way that he could lose the election was by fraud, or that the only way that he would not prev‹til would be if it was stolen. He had laid that predicate down throughout  the spring and into the summer.   And it was very  well-known  and

understood  by everybody  in the business that this  was the gambit that  he  was

making.” Ex.146, Stirewalt 16:2- I ñ (cleaned up); .ice af‹ id. 28:23-29:4. Others testified likewise. See Ex.106, Clark 141:21 -142: I ; Ex.10b, Cooper 116:10-20. In short, Trump was ‘very explicit in terns of laying down this preconceived narrative that there would be fraud in the election.” Ex.146, Stirewalt 123:3- I S.

Also prior to the 2020 Presidential Election, it w‹ts well known that because of COVID concerns, the election would feature an unusually large number of mail- in ballots. And because of partisan differences in who cast mail-in ballots and when states counted those votes, the eal’ly leader after polls closed would not necessarily reflect the eventual winner. Again, Chris Stirewalt: “[E]lection day votes are going to skew heavily Republican. Early and absentee votes are going to skew heavily Democratic. If you stretch out the period of time over which that’s going to be counted, it’s going to create a false—it could tend to create a false impression about the direction that the election was going to go o›•erall.” Id. 20:17-23. “l ]olitica1 professionals and political journalists’ —including those at Fox—“universally understood” this phenomenon, also termed the “red mirage” and the “blue shift.” Id. 21:6-12. Fox Executive David Clark confirmed it was “widely understood” that mail-in balloting “would lead to a shift in the final vote tally.” Ex.106. Clark 142: 1 I - 143: 1 .

1. Fox’s Election Day Coverage and Backlash.

On election day, Fox was the first outlet to call Arizona for Biden—a call that infuriated viewers, conservative activists, and the White House. Within minutes of the l l:20 pm Arizona call, Fox News’ SVP and Managing Editor of the Washington Bureau Bill Sammon received an angry text from a member of Trump’s team claiming it was “WAY too soon to be calling Arizona." Ex.192; Ex.140. Sammon 107:h- l0b:11. Minutes later Sammon received a similarly angry phone call from White House Chief of Staff Mark Meadows. Ex.140, Summon 108: 12-110:4.

And it was not just the White House.  Other viewers were livid. Within an

hour of Fox calling Arizon;t, in early morning on November 4, Suzanne Scott forwarded Jay Wallace an email from FOK Corporation Executive Raj Shah noting Lots of conservative criticism of the AZ call,” Ex.193; see uls‹› Ex.194. Fox’s senior executives discussed the heavy backlash from the Al’izona call at their daily editorial meeting that morning. Ex.1 26. Komiss‹troff 121:2ñ- 123: 16. On November

5. Fox’s Chief White House Coriespondent told Saminon and FNC President Jay

Wallace, “we are taking major heat over the AZ call...Our viewers are also chanting ‘Fox News sucks’, something I have never heard before.” Ex.195; .see al.s‹› Ex.196;

Ex.197; Ex.198 (internal Fox emails stating “Holy cow, our audience is mad at the network, and “They’ie FURIOUS”); Ex.126, Komissaroff 121:25-122:9; Ex.147, Wallace l 13:3- 13.

The backlash was so strong that

Fox Hosts Tucker Carlson, Laura Ingraham, and Sean Hannity immediately understood the threat to them person‹tlly. Carlson wrote his producer Alex Pfeiffer on November 5: “We worked really hard to build what we have. Those fuckers are destroying our credibility. It enrages me.” Ex.199 at FNN035_03890623. He added that he had spoken with Laura and [S]ean a minute ago” and they are "highly upset.” /d. at FNN035_03890624. Citrlson noted: “At this point we’re getting hurt no matter what.’ /d. at FNN035 03590625. Pfeiffer responded: “It’s a hard needle to thread, but I really think many on our side’ are being reckless demagogues right now.” Id. Tucker replied: Of course they are. We’re not going to follow them.” Id. And he added: “What [Trump]’s good at is destroying things. He’s the undisputed world champion of that. He could easily destroy us if we play it wrong.”

III. at FNN035 03890626.

Hannity faced a similar dilemma. On November 5, Hannity told his audience that “it will be impossible to ever know the true, fair, accurate election results, that’s a fact.' S Ex.200. Producer Robert Samuel told the team: "My two cents—gotta be super careful on any allegations” since people can say “you’re pushing that American democratic system can’t be trusted. Just have to be 1000 percent sure and very careful.” Ex.201 at FNN055 04461236.

C.Election Fraud Conspiracy Theories Abound—and Soon Target

Dominion.

As election conspiracies and false claims of fraud began to emerge in the days following the election, Fox knew the truth. Fox Chief Political Correspondent Bret Baier stated privately on November 5: “There is NO evidence of fraud. None.” Ex.176; Ex.97, Baier 39:3-41: l.

On November 5, Maria Bartiromo posted unfounded allegations of vote “dump[s]' S on social media. Ex.204. Baier alerted Sammon: “We have to prevent this stuff...We need to fact check,' S Ex.205; and separately told Fox President Jay Wallace,   

   Ex.158 at FNN05 I 04432225-26.

By November 6, Rupert Murdoch told Suzanne Scott “very hard to credibly claim foul everywhere.” Supra, p.14 He also wrote: “if Trump becomes a sore loser we should watch Sean especially and others don’t sound the same.” Ex.151. Scott

then forwarded that email to Meade Cooper, the EVP of Primetime Programming in charge of Hannity, Carlson, and Pirro (among others). Cooper agreed. EK.105, Cooper 186:4- 187:5. Indeed, Cooper testified that as of November 6, “going on television to say that the election is being stolen” “would not be based in fatt n/ that point.” let. 194:1 -6.

On November 6, Sidney Powell appeared on Lou Dobb› Toni glit and told viewers about an implausible conspiracy theory—not yet tied to Dominion-- involving a secret CIA program called “Hammer and Scorecard”—Hammer being a government supercomputer and Scorecard a softw;tre progr;tm run on that computer to change votes—that “explains a lot of what we're seeing” with vote tallies. Ex.206 at FNN0l 8 02260592-93; Ex.462 (describing allegations and their implausibility);

.see also Ex.28 l (debunking theory). Immediately after the appearance, Baier received an email about Hammer and Scorecard from a viewer: “Sydney Powell just broke the story on Dobbs.” Ex.279. Baier immediately asked Fox President Jay Wallace: ‘What is this? Oh man.” Ill.

Nearly just as immediate as election fraud claims were the public statements from credible sources debunking those claims. On November 6 alone, Michigan Secretary of State Jocelyn Benson publicly stated that an issue that occurred in Antrim County was the result of human error by the County Clerk and not fraud, Ex.282; and Georgia Secretary of State Brad Raffensperger publicly stated “that

every legal vote was cast and accurately counted.” Ex.284, p.2. 5ee o/sp Ex.286; Ex.287; Ex.288.

On November 7, Fox Business News President Lauren Petterson and others within Fox received an alert that the website 4chan was “call[ing] on users to spread” conspiracy theories about Dominion’s supposed involvement in the fraud. Ex.281. Also  on  November  7,  the New York Peer   ontrolled by the Murdoch family—wrote an editorial asking Trump to “stop the ‘stolen election’ rhetoric” and

“[g]et  Rudy  Giuliani off TV.”   Ex.289, pp.l, 4.

   Scott made sure that the editorial received wide distribution. EK.290-291. Murdoch thanked her for doing so. Ex.290 at FoxCorp00056537.

During this November 4 to November 7 timeframe, Fox made at least some effort to prevent false charges  from spreading.                                                         On  November  dafter received the forwarded email from Rupert Murdoch stating it was “very hard to credibly cry foul” and warning of Trump becoming a ‘sore loser,” Ex.151 —Cooper and Fox Executive Ron Mitchell discussed whether their primetime hosts Hannity, Carlson, and Ingraham would push false claims of election fraud: “I feel really good about Tucker and Laura. I think Sean will see the wisdom of this track eventually, but even this morning he was still looking for examples of fraud.” Ex.19 l ; Ex.l08,

Cooper 188:6— 189:4.

That same day, Cooper and Executive David Clark cancelled Jeanine Pirro's November 7 show   EK.293. As

Clark told Cooper, ‘Her guests are all going to say the election is being stolen and

if she pushes back at all it will just be token...

Ill.’, Ex.106,

Clark 151:22-157: l9, I 60:7- 163: 11. As Fox producer Justin Wells desci ibed, “They took her off cuz she was being crazy. Optics aie bad. But she is crazy.’“ Ex.294 at FNN079 Gt550507.

< >Fox Calls the Election for Biden—and Mainstreams the FalseNarrative that Dominion Rigged the Election.

On November 7, Fox called the 2020 Presidential Election for Biden—this time carefully waiting until other networks went first. The viewer backlash that Fox Executives had hoped would fade. however, only became worse. Ex.295 (11/8/20, Rupert Murdoch to Suzmine Scott, “Getting creamed by CNN! Guess our viewers don’t want to watch it.”). And reality began to set in. Fox Senior Vice President tor Corporate Communications Irena Briganti wrote on the evening of November 7, “our view’ers left this week after AZ.’ Ex.296.

Carlson also texted his producer: “Do the executives

understand how much credibility and trust we’ve lost with our audience? We’re playing with fire, for real....an alternative like iiewsmax could be devastating to us.” Ex.298. Cmlson agreed. Id.

Enter Maria Bartiromo. On Sunday November 8, Bartiromo hosted Sidney

Powell on Senda y Mnrning Futz re.s where Powell claimed that Dominion’s software had an “algorithm” used as part of a “massive and coordinated effort to steal this election” from Trump. $179(a). Bmtiromo told Powell, “I know that there were voting irregularities. Tell me about that.” Id.

Bartiromo knew Powell would respond with conspiracy theories about Dominion. On November 7, Bartiromo had interviewed Powell,

from meetings.” Ex.207.

Everyone [i]s excluding me

What was the evidence for these far-fetched claims that Powell sent to Bartiromo the day before the broadcast? An email entitled “Election Fraud Info” Powell had received from a “source” which the author herself describes as “pretty wackadoodle.”  Ex.154 at FNNOOI  0000009-11.  This email—also received by

Dobbs—alleged   Dominion   was  the  “one  common   thread”   in  the “voting

irregularities in a number of states.” Ex.154 at FNN001_00000009; Ex.98, Bartiromo 123:19-134: 13. In addition to promoting lies about Dominion, the sender claimed that Justice Scalia “was purposefully killed at the annual Bohemian Grove camp...during a weeklong human hunting expedition,” and that former Fox News CEO Roger Ailes (who died in 2017) and Rupert Murdoch “secretly huddle most days to determine how best to portray Mr. Trump as badly as possible.’ Ex.154 at FNN00l 00000010. The author continued: Who am I? And how do I know all of this?... I’ve had the strangest dreams since I was a little girl....I was internally decapitated, and yet, I live....The Wind tells me I’m a ghost, but I don’t believe it.' Id. at FNN00l_000000l l ; Ex.9b, Bartiromo I 33:25-134: 13. The full torce of the email’s lunacy comes across by reading it in its entirety. Ex.154.

Bartiromo agreed at her deposition that this email was “nonsense,” id. 134: I l - 13, and inherently unreliable, /d. 141:18-24. Yet Bartiromo (‹tnd Dobbs) never reported on the existence of this email. Nor did Bartiromo tell her viewers about the source of Powell’s claims or that Trump’s own Senior Advisor and son-in-law rejected the allegations as conspiracy theories. While the claims were laughable on their face, Bartiromo gave them credibility. As Tucker Carlson texted that night, “[t]he software shit is absurd... . Half our viewers have seen the Maria clip.” Ex.169 at FNN035 03890644.

Meanwhile, on Monday, November 9, Maricopa County, Arizona completed its hand count audit of paper ballots. It showed a “100 percent match” with the counts trom Dominion machines. Ex.210; see Ex.209 at 2.

E.Fox Continues to Woo Back Viewers and Goes on “War Footing”

with Newsmax

Also on November 9, the impact of Fox’s Arizona call became more evident to Fox executives. Carlson told Scott directly: ‘I’ve never seen a reaction like this, to any media company. Kills me to watch it.” Ex.211. Scott immediately relayed the email to Lachlan Murdoch. Ex.212. She told Briganti that Sammon did not understand “the impact to the brand and the arrogance iii calling AZ,” which she found ‘astonishing” given that as a “top executive” it was Sainmon’s job to protect the brand.” Ex.213. And on that day—“day one,” as Scott termed it—Fox executives made an explicit decision to push narratives to entice their audience back. Ex.214 at FoxCorptl0tJ56542. Scott and Lachlan Murdoch exchanged texts about the plan going forward: Scott: “Viewers going through the 5 stages of grief. It’s a question of trust—the AZ lcall j was damaging but we will highlight our stars and plant flags letting the viewers know we hear them and respect them.” Id. at FoxCorp0005654l. Murdoch: ‘Yes. But needs constant rebuilding without any missteps.” Id. Scott: “Yes today is day one and it’s a process.” Id. at FoxCorp00056542.

Wallace likewise knew viewers were upset by the Arizona call and discussed it with Scott. Ex.147, Wallace 163:8-12, 113: 10-13; Ex.193. Scott told Wallace on November

Fox executives also began to criticize Fox hosts for truthful reporting. On November 9, Fox anchor Neil Cavuto cut away from a White House Press Conference when Press Secretary Kayleigh McEnany began making unsubstantiated allegations about election fraud. As Cavuto told  viewers,  “Whoa,  whoa, whoa.. . . She’s charging the other side as welcoming fraud and illegal voting, unless she has more details to back that up, I can’t in good countenance continue to show you this.” and that’s an explosive charge to make.’ EK.217 at 1:05; ›ec Ex.9S, Bmtiroino 170:24-171:25. The brand team led by Raj Shah at Fox Corporation notified senior Fox News and Fox Corporation leadership of the “Brand Threat” posed by Cavuto’s action. Ex.218. Scott wrote Wallace and Briganti:

Fox Executives also observed with concern the rise of Newsmax, a far-right network attempting to capitalize on viewer dissatisfaction with Fox. Prior to November 8, Fox Executive David Clmk testified that Newsmax was not a credible media outlet because their hosts were extremely one sided, ignored the facts, they did not seem to care about telling the truth, they seemed to invest truly in conspiracy theories versus fact.” Ex.106, Clark 175:3-18. On November l0, Scott pointed senior Fox executives to a note from analyst Kyle Goodwin on Newsmax’s rise. Ex.220. Fox Executive Porter Berry responded: "Just pulled up [Newsmax’s] show- and they’re hitting Cavuto....They are just wh‹icking us. Smart on their p‹trt.” Id. Lauren Petterson added: They definitely have a strategy across all shows to try to target and steal our viewers.” Id. Scott told Goodwin: “Keep an eye and continue to report on Newsmax.” Ex.221.

Also on November 10, Scott and Wallace texted about the numbers they had just received. Wallace: “The Newsmax surge is a bit troubling rift is an alternative universe when you wntch, but it cnn’I be ignored.” Scott: 'res.” Ex.223 at FNN07 l _04502926. Wallace: Trying to get everyone to comprehend we are on war footing.” Id.

While the Executives were waking up to the “war footing” by November 10, key Fox hosts had understood the crisis immediately after Election Night. On November 5, Tucker Carlson texted regarding election coverage, ‘WeS ve got to be

viewers,

incredibly careful right now. We could get hurt.” Ex.224. On  November 7, David Clai k told Lauren Petterson that Jeanine Pii ro was “[aJngling for a job somewhere else. 100%.” Ex.225; Ex.106, Clark 176:16-22. By November l l, Sean Hannity recognized the critical role the Dominion fraud narrative would play in winning back

   Ex.226 at FNN022_03852l 83.

Hannity told Carlson and Ingrahaiu on November 12: “In one week and one debate they destroyed a brand that took 25 years to build and the damage is incalculable.” Ex.230 at FNN035_03S905 IO. Tucker iesponded: “It’s vandalism.” Ill. The hosts also discussed the possibility of competition to Fox emerging. Hannity told them: [S]erious $$ with serious distribution  could  be a  real  problem.  Imho they need to address but wtf do I know.' /d. Tucker: “That could happen.” Id. at FNN035 03590511.

As Irena Briganti said on November 12, “glad the panic button was hit 2 days

ago.” Ex.227.

F.“This Dominion shit is going to give me a fucking aneurysm.”

By November 12, Dominion became a local point of discussion within multiple shows at Fox. Spurred by the November 8 Bartiromo broadcast, the wild Dominion allegations entered the m‹iinstream. Th‹it day, Ingraham’s producer

Tommy Firth texted Ron M itchell, one of the Fox executives responsible for overseeing Ingrahain’s show. Firth bluntly captured the dilemma: “This dominion shit is going to give me a fucking aneurysm—as many times as I’ve told Laura it’s be, she sees shit posters and trump tweetiiig about its

   Mitchell responds: “This is the Bill Gates/microchip angle to voter fraud.’ Ill. Firth replies:         Ill. Later in the day, Ron checks in: “How’s it going [with] the kooks?” Id.

   I‹l.

Lou Dobbs chose a different strategy. That night—November 12—he invited Rudolph Giu1i‹ini on his show. When Giu1i‹tni spewed lies about Dominion, Dobbs responded: “It’s stunning...they have no ability to audit meaningfully the votes that are cast because the servers are somewhere else....This looks to we like it is the end of what has been a four-and-a-half—the endgaiue to a four-and-a-half year-long effort to overthrow the president of the United States.” \J I 79(b). Dobbs continued

to broadcast these false charges throughout the week and for nearly a month—until December 10. See, infru §V.D.2.

Meanwhile, later that night of November 12, Ingraham was still texting with Hannity and Carlson. In their group text thread, Carlson  pointed Hannity  to a tweet by Fox reporter Jacqui Heinrich. Ex.230 at FNN035_038905I 1 . Heinrich was “fact checking” a tweet by Trump that mentioned Dominion—and specifically mentioned Hannity S s and Dobbs’ broadcasts that evening discussing Dominion.                           Ex.232; Ex.23 l.        Heinrich correctly fact-checked the tweet, pointing out that “top election infrastructure officials” said that “‘There is no evidence that any voting system deleted or lost votes, changed votes. or was in any way compromised.”’ Id., Ex.232. Carlson told Hannity: “Please get her fired. Seriously.. ..What the fuck? I’m actually  shocked. . .ff  needs  to  stOR !’•*mediately, like tonight.    It’s measurnbly hurting the company.                             The  stock  price is down.     Not a joke.”        Ex.230 at FNNtJ35 03890511.  Tucker added: “1 just went crazy on Meade over it.”  Id. at FNN035 03890512. Hannity said he had “already sent to Suzanne with a really?” He then added: “I’m 3 strikes.  Wallace shit debate[.] Election night a disaster[.]

Now this BS? Nope. Not gonna fly. Did I mention Cavuto?” Id.

Hannity indeed had discussed with Scott.  Hannity texted his team: “I just

dropped a bomb.”   Ex.292 at FNN055 04455643.   Suzanne Scott received the message. She told Jay Wallace and Fox News S SVP for Corporate Communications

Irena Briganti: “Sean texted me—he’s standing down on responding but not happy about this and doesn’t undeistand how’ this is allowed to happen from anyone in news. She [Heinrich] has serious nerve doing this and if this gets picked up, viewers are going to be further disgusted.” Ex.233. By the next morning, Heinrich had deleted her fact-checking tweet. Ex.283.

1. The Pressure on Fox Grows—Even As Dominion Puts Fox on

Notice.

Also beginning on November 1 2, 2020, Dominion sent Fox “Setting the Record Stiaight” emails providing facts about Dominion and links to public information debunking the lies about Dominion. See, infrn, )V.A. Fox’s Corporate Representative, EVP and Managing Editor of News Tom Lowell testified that in the few months following the election v‹trious Fox addressees received over 3,600 such communicittions from Dominion correcting false allegations and  also  were circulated widely within Fox, even to those who did not directly receive notice. Ex.128, Lowell 30(b)(6) 420:10-13; 431: l l- 15; 544:6-21. Indeed, executive David

Clark received Dominion’s fact check so many times that on November 14 he wrote

a colleague: “I have it tattooed on my body at this point.” Ex.106. Clark 285:7-10; Ex.234.

In addition to its correspondence highlighting the truth. Dominion’s communications consultant Tony Fratto, former Deputy White House Press

Secretary under President George W. Bush, personally reached out to his contacts among the hosts and executives at Fox starting on November 12. On November 1 6, he wrote Suzanne Scott and Jay Wallace directly: Dominion, “as you know, has received a great deal of attention on FoxNews [sic] and from the President. An enormous amount of misinform‹ition—actually, completely and verifiable wrong information—is finding its way on-air.” Ex.235. Fratto offered to provide the two of them a briefing about Dominion and concluded: “I think this situation is crossing dangerous lines.” Id. Wallace and Fratto then spoke over the phone. Ex.l47, Wallace 209:21 —211 :3; 217:12—218:6; Ex.119. Fratto 229:24—235:22.

After another Lou Dobbs broadcast that same night, Fratto reached out again to Wallace. Fratto torwarded pait of the transcript to Wallace and told him: ‘More fucking [] lies. Honestly. He is a disgrace.” Ex.236.

Fox also hits its own internal fact-checking department, the Brainroom, that could and did investigate the truth about Dominion. Ex.106, Clark 127:4-9, 270:7- 20, 271:19-21; Ex.168. The Brainroom is ‘the centralized research department for Fox News.” Ex.IO1, Bl’uster 30(b)(6) 147:3—7.

Meanwhile, Fox continued to broadcast its lies about Dominion as it nervously eyed Newsmax. In a November 16 email, Rupert Murdoch told Scott to read a W£lll StrCCt Jourii‹ll piece about  Newsmax, telling  her: “These  people should be watched, if skeptically. Tluiup will concede eventually and we should concentrate on Georgia, helping any way we can. We hon’I want to ant‹igonize

Tru*•R further, but Giuliani taken with a large grain of salt. Everything at stake here.” Ex.239.

Carlson told his producer Alex Pfeiffer that night: “Sidney Powell is

Fucking bitch.” Ex.150.

By November 18, Carlson told Ingrah‹tm “Sidney Powell is lying by the way. I caught her. It’s insnne.” EK.241. Ingraliam responded: Sidney is a complete nut. No one will work with her. Ditto u ith Rudy.” Id. Carlson replied: It’s unbelievably offensive to me. Our viewers are good people and they believe it.” Id. at FNN03ñ_03891092.

Also on November 18, SVP of Primetime Programming and Analytics Ron Mitchell sent a memo to Scott and Wallace stating, with respect to NewsmaK:

[T]he lack of any meaningful editorial guidance may be a positive for them at least in the short term. For example, last night on Stitchfield (who?) at Spm, the show sourced websites like Gateway Pundit while talking about voter fraud. This type of conspiratorial reporting might be exactly what the disgruntled FNC viewer is looking for.

Ex.243 at FNNOI l_00096238. Mitchell concluded that “viewers are watching less” FoK News, and suggested “fix[es]”: “Do not ever give viewers a reason to turn us off. Every topic and guest must perform,” and “No enforced errors’ in content— example: Abruptly turning away from a Trump campaign press conference.” IN.

On November 19, Fox broadcast the entirety of a “crazy” press conference

where Giuliani  and Powell spewed  lies about  Dominion.   Ex.1 ñ6 (Rupert Murdoch

email, Subject: ‘Watching Giuliani!” Text: ‘Really crazy stuff. And damaging.”).

But while Fox did not cut away this time, then-White House correspondent Kristen Fisher did fact-check the claims made by Powell and Giuliani. Fox’s executives were not pleased. See Ex.118, Fisher 68:20-69:8; Ex.244. Fisher received a call from her boss, Bryan Boughton, immediately after in which he “emphasized that higher-ups at Fox News were also unhappy with it,' and that Fisher “needed to do a better job of...—this is a quote—’respecting our audience.’” Ex.l 18, Fisher 35:21- 36:24; see Ex.245 & Ex.246 (Fisher texts about being “punished for doing my job” after fact-checking Giuliani).

Fox anchor Dana Perino noted that the claims at the press conference could be enough  to  prompt  Dominion to sue.                    Ex.247 at  FNN00 l 383083-84.    This comment resulted in Scott “screaming about Dana’s show and their reaction to the Rudy presser.”            Ex.248  at FNN032 038G9379.  Scott explained in an regarding both Perino and Fisher’s coverage, “[Y]ou can’t give the crazies an inch right now...they are looking for and blowing up all appearances of disrespect to the audience.” Ex.249. Scott separately noted,       The audience feels like we crapped on [them] and we have damaged their trust and belief in us....We can fix this but we cannot smirk at our viewers any longer.” Ex.250.