Key takeaways

• A court let Smartmatic submit a less-redacted filing for public review.
• The 469-page document shows Rupert Murdoch joined group text chats.
• Sean Hannity, Laura Ingraham and other hosts said they delete texts daily.
• Top Fox staff ignored legal orders to preserve text messages and documents.
• The new details cast doubt on how Fox handled evidence in election lawsuits.

Fox’s Deleted Text Messages Exposed

Smartmatic filed a massive document on Monday. It came after a judge said the company could use fewer redactions. In that 469-page filing, Smartmatic revealed new details about Fox. These details center on key Fox leaders and their text messages. The court fight stems from allegations of false claims about the 2020 election.

First, the filing highlights comments by Rupert Murdoch. In a hearing on March 27, 2024, Murdoch said he “didn’t know how to text at the time and he was later taught to do so by someone.” However, Smartmatic found evidence to the contrary. Murdoch appeared in a group text chat with his son Lachlan Murdoch, Fox CEO Suzanne Scott, and host Sean Hannity.

Why These Text Messages Matter

The presence of these text messages matters for several reasons. First, Fox faced lawsuits from Dominion and Smartmatic for allegedly spreading false election claims. When litigation is pending, companies must preserve all relevant documents. This includes emails, notes, and text messages.

In this case, Smartmatic’s filing shows Lachlan Murdoch handed over texts on his phone. Yet his father, Suzanne Scott, and Hannity did not have those group messages on their devices. This gap raises questions about why key people lacked messages central to the case.

How Fox Staff Lost or Deleted Text Messages

Beyond Murdoch, other top Fox figures did not retain critical messages. For example, Fox legal staff once asked anchor Lauren Petterson to check her phone settings. They wanted to know if her texts would auto-delete. Petterson said she did not know about such settings. After being shown the option, she changed her auto-delete cycle to 30 days.

Despite that change, she admitted she did not preserve her messages from November and December of 2020. Those months were at the heart of election-related lawsuits. Under oath, she said, “I did not take steps to maintain certain messages on my phone from November and December of 2020.”

Next, Tom Lowell, Fox’s vice president and managing editor of news, provided another odd story. He told the court that he lost his phone in the ocean. According to his testimony, he “doesn’t recall the specifics” of how he “accidentally dropped his phone into the ocean.” All the text messages on that device vanished with it.

Another high-level staffer, marketing director John Fawcett, admitted he performed a full factory reset on his issued phone before returning it. That reset erased all data, including emails, contacts, and text messages. He said he did so “out of habit” and did not think anything unusual would happen.

Perhaps the most striking example involved host Sean Hannity. He said he has a “routine practice of deleting [his] texts every day.” Yet on December 22, 2020, Dominion Voting Systems sent a notice warning that litigation was “imminent.” This notice told all recipients to preserve documents related to the claims. Hannity said his attorneys told him to preserve everything. Even so, he continued his daily habit of erasing texts.

Likewise, host Laura Ingraham testified she did not have any text messages from the relevant period. When asked why her texts were missing, she said, “I don’t have a good recollection of that. … I routinely had deleted text messages.” Her statement confirms she, too, failed to preserve key records.

What It Means for Fox and the Public

These revelations may have big consequences. First, Fox could face fines or sanctions for failing to preserve evidence. The court might view the missing text messages as obstruction. In legal terms, destroying or withholding evidence can weaken a case and harm a company’s reputation.

Second, viewers and advertisers may question Fox’s trustworthiness. Transparency matters in journalism. When a network’s top stars cannot account for basic records, the public might worry about hidden agendas or sloppy practices.

Finally, this case highlights the importance of digital record keeping. In an age when so much news and negotiation happen over text messages, losing those records can undermine legal defenses. Companies must train employees on how to save messages and what rules apply during a lawsuit.

Conclusion

Smartmatic’s newly unredacted filing has laid bare a series of missteps by Fox. From Rupert Murdoch’s missing group texts to Hannity’s daily deletions, the case shows how easy it can be to lose vital evidence. As the lawsuits move forward, the court will decide whether these missing text messages hurt Fox’s defense. Meanwhile, media organizations should take note. Clear policies and quick action are needed to preserve all documents when litigation looms. Otherwise, key evidence may disappear, and with it, public trust.

FAQs

What happens if a court finds a company destroyed evidence?

If a judge rules that a company removed evidence on purpose, the court can impose fines or sanctions. It may also instruct a jury to view the missing evidence against the company. In severe cases, the court can even dismiss the company’s defense on certain claims.

Can employees avoid sanctions by deleting their own texts?

No. When a company receives a litigation notice, all staff must preserve related records. Deleting texts, even on personal devices, can lead to individual or company penalties. Everyone must follow legal hold notices.

How can companies better preserve text messages?

Companies should create written policies for record retention. They can use secure archiving tools that automatically save texts. Training staff on these rules is vital, especially when legal action is possible.

Why are text messages so important in lawsuits?

Text messages often show real-time conversations and decisions. They can prove what people knew and when they knew it. Losing those messages can leave big gaps in a company’s legal defense and harm its credibility.