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CNN —Fox News said in a court filing Tuesday that it plans to put some of its most prominent executives and TV hosts on the witness stand to testify as part of its defense in the Dominion defamation trial. Fox will call these witnesses as part of their defense, but Dominion also wants to question them as part of their case. The list includes Fox TV hosts Tucker Carlson, Maria Bartiromo, Sean Hannity, and Bret Baier, as well as Fox News CEO Suzanne Scott and President Jay Wallace. Last week, a Delaware judge ruled that Dominion Voting Systems’ case against Fox News will go to jury trial in mid-April. Both Fox News and Dominion had previously asked the judge to declare them the outright winner without a trial.
New York CNN —Dominion Voting Systems’ historic defamation case against Fox News will proceed to a high-stakes jury trial next month, a Delaware judge ruled Friday, declining to declare a pretrial winner. But in his Friday ruling, Davis said that the evidence Dominion presented shows Fox News aired falsehoods about the company. “The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true,” Davis wrote. The on-air statements, from various Fox News hosts after the 2020 election, had accused Dominion of rigging the election by flipping millions of votes from Donald Trump to Joe Biden. Incriminating texts and emails have shown how Fox executives, hosts and producers didn’t believe the claims the network was peddling about Dominion.
New York CNN —Dominion Voting Systems’ historic defamation case against Fox News will proceed to a high-stakes jury trial in mid-April, a Delaware judge ruled Friday, in a major decision that dismantled several of the right-wing network’s key defenses. Both sides had asked Delaware Superior Court Judge Eric Davis for a pretrial ruling in their favor, declaring them the winner. After thousands of pages of filings and exhibits, and a series of courtroom clashes, Davis decided the case should go to trial. Incriminating texts and emails have shown how Fox executives, hosts and producers didn’t believe the claims the network was peddling about Dominion. Despite what appeared on air, Fox News executives and hosts privately criticized the Trump camp for pushing claims of election fraud.
Bad for business.”The email to Cooper was revealed as part of Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News. Dominion Voting SystemsIn earlier court filings, the data about the Fox Nation subscriptions had been redacted. The messages underscore the panic that gripped Fox News in the wake of the 2020 election when its viewers rebelled against the channel for accurately calling the election for President Joe Biden. At the time, Powell, Giuliani and host Lou Dobbs were promoting debunked conspiracy theories that Dominion had rigged the 2020 election by flipping millions of votes. fox dominion email Dominion Voting Systems“Any day with Rudy and Sidney is guaranteed gold!” the Dobbs producer wrote.
Fox News, however, did suggest it wants to put Scott, Wallace, Hannity, Carlson, Bartiromo, and Baier on the stand as witnesses. But in past court filings, Fox News has highlighted the fact that Baier said on-air shortly after the 2020 election that there weren’t indications of widespread fraud. Both Fox News and Dominion asked Davis in court this week to declare them the outright winner without a trial. Fox News has argued that it can’t be held liable for airing inherently newsworthy allegations from public figures that Dominion rigged the 2020 election, even if those claims were false. Fox Corporation has argued that Dominion overstated its role in Fox News’ editorial coverage of the 2020 election and asked to be dropped from the lawsuit – but the judge let the case move forward.
Dominion’s Weak Case Against Fox
  + stars: | 2023-03-24 | by ( William P. Barr | ) www.wsj.com   time to read: +1 min
Blinded by resentment at Fox’s success as an alternative media voice, many media organizations offered a distorted narrative—largely parroting Dominion’s spin—that the disclosures doom Fox’s legal defense. Commentators from the New York Times , Washington Post, CNN, MSNBC and other outlets, gleeful at the prospect of a Fox setback, cheer on as the defamation case heads toward a trial date. But the real significance of the disclosures is exactly the opposite of what these media outlets claim. Two things are clear: First, if the applicable law is faithfully applied, the facts completely upend Dominion’s defamation claim against Fox. The case should be decided in Fox’s favor, if not at the trial stage, then on appeal.
“And yet, Mr. Carlson persists with his assault on the truth.”The letter from Teter demanded a formal retraction and on-air apology “for the lies” that have been spread about Epps on the channel. On many occasions, Carlson has specifically mentioned Epps on his show, and has played footage from January 6 of Epps at the Capitol. Each time Mr. Carlson and Fox News spreads more misinformation about Mr. Epps, the harm redoubles.”Spokespeople for Fox News did not immediately respond to a request for comment. He has publicly pushed for professional accountability against lawyers who have spread election lies. The lawsuit from Dominion has unearthed damning messages from Fox News executives and hosts that have shown the network peddled election lies to its audience that it knew were false.
Dominion is suing Fox News over the right-wing channel’s airing of false claims of election fraud around the 2020 presidential election. Fox News argued that Dominion should instead rely on the “lengthy depositions” that these witnesses already gave. It claims Dominion hasn’t shown anything strong enough to overcome the high bar that the First Amendment provides, protecting good-faith journalists from speech-chilling defamation lawsuits. Dominion lawyer Rodney Smolla said its high-stakes defamation case against Fox News will protect the public discourse and hold accountable people who deliberately lied about the 2020 election. “They endorsed,” Murdoch said, referring to Fox hosts Sean Hannity, Jeanine Pirro, Maria Bartiromo, and former host Lou Dobbs.
New York CNN —A Fox News producer on Monday filed a pair of explosive lawsuits against the right-wing talk channel, alleging that the network’s lawyers coerced her into providing misleading testimony in Dominion Voting Systems’ $1.6 billion defamation case against the company. The lawsuits from Grossberg, who has since been placed on administrative leave by Fox, were filed in Delaware Superior Court and the U.S. District Court for the Southern District of New York. “It’s another example of Fox News not only shying away from the truth, but attempting to bury the truth,” Filippatos told CNN. Grossberg named Carlson and members of his staff in the lawsuit filed in New York. “I’ve covered many stories while I have been there,” Grossberg told CNN.
The voting technology company made the eye-popping damages claim as part of its 2021 lawsuit, which alleges Fox destroyed its reputation by airing falsehoods. A Dominion spokesperson said in a statement that the evidence will show Dominion was a "valuable, rapidly growing business" when Fox began "endorsing baseless lies" about its machines. "Following Fox’s defamatory statements, Dominion’s business suffered enormously, and its claim for compensatory damages is based on industry-standard valuation metrics and conservative methodologies," the statement read. Four different pre-election valuations of Dominion in 2020 averaged $226 million, Fox said, citing exhibits that have not been made public. If the jury concluded that Fox defamed Dominion but decided Dominion's business losses were minimal, it could still hit the company with significant punitive damages.
But this is unprecedented.”That was echoed to me over the last 48 hours by several other employees at Fox News. “I haven’t seen anything [communicated],” another Fox News staffer told me. And in lieu of the network’s management providing status updates to its employees about the looming trial in Dominion’s lawsuit, staffers are intensely curious about where things stand. In fact, some Fox News staffers have even reached out to me, looking for information on the case and asking for insight into their own network. It is a point that I have been making for some time — and it’s one that a second senior Fox staffer encouraged me to continue driving home.
New York CNN —Fox Corporation CEO Lachlan Murdoch on Thursday dismissed the revelations from Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News as “noise,” throwing his support behind the right-wing talk channel in his first comments since the case enveloped the company in major scandal. Among the thousands of pages of documents released in the case include repeated statements from Fox Corporation chairman Rupert Murdoch rejecting conspiracy theories about Dominion. However, Dominion said its position is that “confidential treatment of these materials is not warranted” based on case law standards. Filings in the case reviewed by CNN have included numerous redactions passages, including when Fox executives and personalities are quoted. The significant redactions have raised eyebrows about what Fox News is trying to prevent from being made public.
Fox News and Dominion spar in new legal filings
  + stars: | 2023-03-08 | by ( Oliver Darcy | ) edition.cnn.com   time to read: +2 min
Most legal experts expect that the case will ultimately proceed to trial before a jury in mid-April. Dominion asked the judge to decide the case in their favor because, in their view, Fox has already conceded that its on-air statements about Dominion rigging the 2020 election were false. “Fox has produced no evidence — none, zero — supporting those lies,” Dominion said. Discovery into Fox has proven that from the top of the organization to the bottom, Fox always knew the absurdity of the Dominion ‘stolen election’ story.”“Fox seeks a First Amendment license to knowingly spread lies,” Dominion added, rejecting Fox’s argument that the election-rigging allegations were “newsworthy” and thus protected under the First Amendment. The company continued, “if Fox cared about the truth that it now acknowledges, Fox would have its top personalities reporting that truth to its audience.
March 7 (Reuters) - Fox Corp (FOXA.O) Chairman Rupert Murdoch questioned whether hosts Sean Hannity and Laura Ingraham “went too far” in their coverage of voter fraud claims, according to an email contained in a trove of new exhibits in Dominion Voting Systems’ lawsuit against Fox that became public Tuesday. The exhibits unsealed Tuesday contain evidence underlying the parties’ dueling motions for summary judgment, in which they seek pretrial rulings in their favor. The new documents also include more context of testimony and messages that Fox claimed Dominion had “cherry-picked” and “misrepresented” in its filing. Dominion has alleged Fox continued to push the stolen election narrative because it was losing viewers to right-wing outlets that embraced it. Fox argued in court filings that its coverage of claims by Trump's lawyers were inherently newsworthy and protected by the First Amendment of the U.S. Constitution.
The hundreds of pages of new documents include previously unreleased excerpts from key depositions, including Fox Corporation chairman Rupert Murdoch, and are part of Dominion’s defamation lawsuit against Fox News. The transcript was part of a trove of text messages, emails, and other material from Fox News executives and on-air personalities that were made public Tuesday as part of Dominion’s $1.6 billion defamation lawsuit against the right-wing channel. “Do you believe that Dominion was engaged in a massive and coordinated effort to steal the 2020 presidential election?” Murdoch was asked by Dominion lawyers. The hundreds of pages of new documents that came out Tuesday include previously unreleased excerpts from key depositions, including Murdoch, and are part of Dominion’s defamation lawsuit against Fox News. Fox News has not only vigorously denied the claims, it has insisted it is “proud” of its 2020 election coverage.
Fox News Defamation Case Tests Reach of Press Protections
  + stars: | 2023-03-03 | by ( Erin Mulvaney | ) www.wsj.com   time to read: 1 min
Fox News mainly broadcasts from its studios in the News Corp building in New York. Recently released documents in Dominion Voting Systems ’ defamation case against Fox News show the voting-machine company is heading toward an April trial with a body of evidence that could help it overcome hurdles that usually doom lawsuits against media organizations. Media lawyers and academics say these latest court filings provide potentially important revelations about the state of mind of individuals at Fox News at the time the network was airing segments in which associates of former President Donald Trump made false claims that Dominion’s voting machines helped rig the 2020 election in favor of President Biden.
New York CNN —Fox Chairman Rupert Murdoch said under oath that he made a business decision when allowing a conspiracy theorist to promote election lies on Fox News. The network faces two separate defamation lawsuits from voting technology companies that collectively seek $4.3 billion in damages. Cases against FoxDominion Voting Systems is suing Fox News and Fox Corporation for $1.6 billion, accusing the network of spreading false claims that its technology enabled election fraud. A separate, similar case brought by voting technology firm Smartmatic is seeking $2.7 billion in damages. It also illustrated instances of Fox actively pushing back on fact-checks that undermined the election lies being peddled by supporters of former President Donald Trump.
Murdoch rejected that Fox News, as an entity, endorsed former President Donald Trump’s election lies. They endorsed,” Murdoch said, according to the filing, when asked about the hosts’ promotion of false claims about the election. ► Behind the scenes, Paul Ryan repeatedly warned the Murdochs to stop allowing the spread of election lies. “Maybe best to let Bill go right away,” which would “be a big message with Trump people” the filing said. These documents reveal that Fox News executives and hosts knew the truth and yet they peddled election lies to the audience.
Feb 27 (Reuters) - Fox Corp Chairman Rupert Murdoch acknowledged under oath that some Fox hosts "endorsed" the notion that the 2020 U.S. presidential election was stolen, according to a court filing unsealed Monday. Documents in the case in Delaware state court show Murdoch and other Fox executives believed Joe Biden fairly beat Donald Trump and that the results were not in doubt. Asked by a Dominion lawyer if some of Fox’s commentators had endorsed the idea that the 2020 election was stolen, Murdoch responded, “Yes. Dominion claims in its filing that Murdoch closely monitored Fox coverage but declined to wield his powerful editorial influence despite strong concerns about Fox's coverage. Murdoch testified that he believed early on that "everything was on the up-and-up" with the election, and that he doubted claims of election fraud from the very beginning.
New York CNN —Rupert Murdoch, the chairman of Fox Corporation, acknowledged in a deposition taken by Dominion Voting Systems that some Fox News hosts endorsed false claims that the 2020 election was stolen. Murdoch’s remarks were made public in a legal filing as part of Dominion’s $1.6 billion lawsuit against Fox News. In his deposition, Murdoch rejected that the right-wing talk network as an entity endorsed former President Donald Trump’s election lies. “Some of our commentators were endorsing it,,” Murdoch said, according to the filing, when asked about the talk hosts’ on-air positions about the election. Top legal experts told CNN after last week’s filing that Dominion’s legal position appeared strong.
In a text message with his producer, Alex Pfeiffer, Mr. Carlson appeared livid that viewers were turning against the network. On Nov. 7, 2020, Mr. Carlson told Mr. Pfeiffer that claims about manipulated software were “absurd.” Mr. Pfeiffer replied later that there was not enough evidence of fraud to swing the election. A video of Carlson from “Tucker Carlson Tonight.” Said publicly on Nov. 19, 2020 Carlson: “We did not dismiss any of it. It aired on the programs hosted by Mr. Dobbs, Ms. Bartiromo and Jeanine Pirro. On Feb. 5, 2021, one day after Smartmatic filed a defamation lawsuit against Fox, Fox Business canceled “Lou Dobbs Tonight.” At the time, Fox said it regularly reviewed its lineup.
While the legal experts cautioned that they would like to see Fox News’ formal legal response to the filing, they all indicated in no uncertain terms that the evidence compiled in Dominion’s legal filing represents a serious threat to the channel. On one occasion, Carlson demanded that Fox News White House correspondent Jacqui Heinrich be fired after she fact-checked a Trump tweet pushing election fraud claims. Tushnet said that in all of her years practicing and teaching law, she had never seen such damning evidence collected in the pre-trial phase of a defamation suit. “Donald Trump seems to be very good at generating unprecedented situations.”David Korzenik, an attorney who teaches First Amendment law and represents a number of media organizations, said that the filing showed Dominion’s case against Fox News has serious teeth. “Their motion for summary judgment takes an extreme and unsupported view of defamation law and rests on an accounting of the facts that has no basis in the record.”But the attorneys said Dominion’s filing showed it had built a powerful case against Fox.
“From the top down, Fox knew ‘the dominion stuff’ was ‘total bs,’” Dominion wrote in its filing for summary judgment in its favor. Dominion must prove that the network either knew the statements it aired were false or recklessly disregarded their accuracy. Dominion said in its brief that Murdoch internally described the election claims as “really crazy” and “damaging,” but declined to wield his editorial power to stop them. In its summary judgment filing, Fox argued that Trump’s claims about the election were “undeniably newsworthy” and that viewers understood they were merely being reported as allegations. Fox also argued that Dominion’s suit advances overbroad interpretations of defamation law, takes quotes from its coverage out of context and ignores its reporting of Dominion’s rebuttals to the false claims.
New York CNN —The New York Times and NPR asked a judge on Wednesday to unseal a trove of documents in Dominion Voting Systems $1.6 billion defamation lawsuit against right-wing channel Fox News. “This lawsuit is unquestionably a consequential defamation case that tests the scope of the First Amendment,” the pair of news organizations said in the filing. Spokespersons for Dominion and Fox News did not immediately provide a comment on the outlets’ request to the judge. “That is especially important in a case that touches upon political issues that have deeply divided the country.”As the lawsuit has progressed in the judicial system, a deluge of legal documents have been withheld from public view. The case is expected to go to trial later this year unless a settlement is reached.
Jan 19 (Reuters) - Fox Corp (FOXA.O) Chairman Rupert Murdoch is expected to be questioned under oath on Thursday and Friday in a defamation lawsuit over his network’s coverage of unfounded vote-rigging claims during the 2020 U.S. presidential election. Dominion is seeking $1.6 billion in damages. "From the highest levels down, Fox knowingly spread lies about Dominion," the election machine company said in a statement. Murdoch is expected to be questioned in person in Los Angeles on Thursday and Friday by lawyers for Dominion, according to a filing in Delaware Superior Court. Dominion alleged in its March 2021 lawsuit that Fox amplified the false theories to boost its ratings and stay abreast of hard-right competitors including One America News Network, which Dominion is also suing.
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