Will Special Counsel Jack Smith Charge Fox News For Their Role In January 6?

Now that a court filing has proven Fox News knew former president Donald Trump’s claims about the 2020 election were complete bullshit, it’s worth considering the following question: Is Fox legally culpable for their role in the January 6, 2012 attack on the U.S. Capitol, and could they be charged by Justice Department Special Counsel Jack Smith?

The answer to those questions is a resounding “yes,” according to former federal prosecutor Glenn Kirschner, who spoke with MSNBC host Katie Phang today.

Specifically, Kirschner said he believes Fox helped incite the rioting and needs to be held accountable.

“These were not lies about which toothpaste will make your teeth whiter, or which floor wax will make your floors more shiny, these were lies about whether the American peoples’ votes were stolen and their election rigged.”

Kirshner added:

“It’s like they were packing the case with gunpowder, using these lies as a vehicle to keep the viewership, you know, engaged. They were just waiting for Donald Trump to light that gunpowder — which he did on January 6th and it erupted into violence.”

The former prosecutor then laid out the case that can be made against Fox:

“I think we need to challenge the federal government — this defamation suit is important — but what is even more important is the federal government needs to step up and address these intentional and reckless lies. I would argue are reasonably likely, if not intended to, incite imminent violence. This issue has got to be grabbed onto and shaken and addressed.”

Kirschner concluded by explaining that the Justice Department has a responsibility to make sure what took place on Jan. 6 never happens again:

“Should Jack Smith begin to dig into the implications of Fox News, you know, riling up the Trump base such that Trump now has a more willing, more ready group of insurrectionists?

“I think it is an abdication of the federal government’s responsibility if they don’t find the right vehicle, the right organization, to dig into these problems to try to protect the American people from these faux news organizations. Indeed, they [Fox] did incite imminent violence on January 6th. Does Jack Smith have adequate predication, fancy term for enough evidence, to begin investigating the impact that the Fox News lies had on what happened on January 6th? I sure hope he concludes that he does.”