The chief executive officer of Dominion Voting Systems was invited by Fox News anchor Maria Bartiromo to appear on air to respond to claims the firm's voting machines were engaged in fraud, but the company didn't respond, a court filing reveals.
The New York Post reported on the filing Wednesday. The filing with a federal judge in Delaware argued that Bartiromo "did not act with actual malice" and maintained she was "acting responsibly."
"Thanks to today's filing, Dominion has been caught red-handed again using more distortions and misinformation in their PR campaign to smear Fox News and trample on free speech and freedom of the press," a Fox spokesperson said "We already know they will say and do anything to try to win this case, but to twist and even misattribute quotes to the highest levels of our company is truly beyond the pale."
In a November 2020 email to Tony Fratto, who was the chief spokesperson for Dominion and its President and CEO John Poulos, Bartiromo invited Poulos onto her show to respond to claims by Sidney Powell, a former federal prosecutor and pro-Donald Trump attorney who pushed a conspiracy theory that Dominion voting machines switched votes in favor of Joe Biden, the Post said.
"I just watched the whole interview with Sidney Powell. It's sad," Fratto wrote to Bartiromo on Nov. 21, 2020, the newspaper reported.
Bartiromo replied: "Tony. She is pushing on this. Do you want to have dominion ceo on?"
Fratto, not responding to the offer, wrote: "She is pushing a lot of things and trime (sic) after time they're proving to be untrue. WSJ editorial board has it right — again today on Georgia handcount."
Fox lawyers argue the email shows that "numerous media outlets, including Fox News, offered Dominion opportunities to tell its side of the story."
In the email, Bartiromo, referencing Powell, vows to Fratto that she will "push her on it next time."
"Wow. OK I'll push her on it next time. I do not know what to say. This is incredible," Bartiromo wrote to Fratto," the Post said.
The company is suing Fox News for defamation and is asking for $1.6 billion in damages.
"The emails, texts, and deposition testimony speak for themselves. We welcome all scrutiny of our evidence because it all leads to the same place — Fox knowingly spread lies causing enormous damage to an American company," a Dominion spokesperson said.
USA Today reported that Dominion filed the suit in March, 2021, for allegedly making and amplifying false claims deliberately about Dominion and the 2020 election.
The voting machine manufacturer asserts that the "lies were good for Fox's business," and that legal action followed repeated demands for retractions, USA Today said.