WASHINGTON — A former Capitol Hill producer for Fox News has sued the network, claiming he was unlawfully retaliated against for speaking out about its coverage of the 2020 election and the Jan. 6 attack on the U.S. Capitol.
Jason Donner says in the civil suit, which was filed in D.C. Superior Court in September but moved to federal court Monday, that he worked for Fox News from 2010 until his “pretextual firing” in late 2022 after he refused to report false information regarding the 2020 election. Donner now works as an adviser for Republican Pennsylvania Rep. Brian Fitzpatrick.
Fox News did not immediately respond to a request for comment Monday.
In the suit, Donner, who acknowledges he did not agree politically with much of Fox News’ opinion programming, says the network became desperate to repair what it saw as damage to its brand after it correctly – but controversially – called Arizona for President Joe Biden. Donner claims the network “capitulated to President Trump and his supporters” by firing Chris Stirewalt, the network’s political editor who made the call in Arizona. Stirewalt later testified before the January 6th Committee that the network was aware on election night 2020 that Trump was likely to attempt to claim fraud or to exploit the so-called “red mirage” to claim an early victory and so took steps to continuously explain to viewers they should not rely on early numbers.
Nevertheless, according to Donner’s suit after the election the network made a conscious decision to “pledge its loyalty to President Trump." The lawsuit cites a text message from CEO Suzanne Scott to Lachlan Murdoch, son of Fox News founder and chairman Rupert Murdoch, that the network needed to “plant flags letting the viewers know we hear them and respect them.”
Donner claims a toxic environment developed at the network for those who questioned Trump’s unsubstantiated claims of fraud – and says that environment peaked after the Jan. 6 attack on the Capitol. Donner says he was in the Fox News booth at the Capitol that day and pushed back on the network’s reporting that rioters were “peaceful.”
“I’m your Capitol Hill producer inside the Capitol where tear gas is going off on the second floor in the Ohio Clock Corridor, rioters are storming the building, reports of shots fired outside the House Chamber, Donner reportedly said in a call to the Fox News control room. “I don’t want to hear any of this f***ing s*** on our air ever again because you’re gonna get us all killed.”
Donner says he continued to raise flags about the network’s coverage after Jan. 6, including a planned documentary by the network’s then-star host, Tucker Carlson, called “Patriot Purge.” The documentary, which was eventually released, endorsed the so-called “fedsurrection” conspiracy theory and claimed the Capitol riot was a false flag operation. One of the rioters named in Carlson’s piece, Ray Epps, has sued the former host and the network for defamation.
As a result, Donner’s suit claims, he began to be discriminated and retaliated against by Fox News for “speaking out against the false reporting” on the election and Jan. 6. He claims that retaliation culminated in his firing in September 2022 after he called in sick while recovering from receiving the COVID-19 vaccine. Donner says he was told he was fired because he did not show up for work on the day he called in sick. His attorneys say that was a pretextual firing.
“Ultimately, Fox News wanted to purge the news division of any staff that would not get in line with the directive to only report information that appease [sic] the Trump supporters and former President Trump,” Donner’s attorneys, Bendan and Jesse Klaproth, wrote in the filing.
Donner’s suit alleges Fox news violated the D.C. Human Rights Act and seeks unspecified compensatory and punitive damages, as well as back pay and attorney’s fees. Donner is seeking a jury trial to adjudicate his claims.
Donner’s suit is the latest litigation linked to Fox News’ reporting on false claims of fraud in the 2020 election. In April, the network agreed to a nearly $800 million settlement to avoid a trial in a defamation lawsuit brought by Dominion Voting Systems seen as potentially damaging for the network and many of its stars. In June, Fox News settled another lawsuit, this one brought by a former producer Abby Grossberg, who asserted gender discrimination and claimed she’d been pressured to make misleading statements in the Dominion case.
Fox News continues to face a $2.7 billion defamation suit from another voting systems company, Smartmatic. The network has counter-sued the company, claiming it has used the lawsuit in pitches to investors.