Huge day in the Dominion Voting Systems v. Fox News defamation case, with both sides filing summary-judgment motions. Dominion's version is a nearly 200-page document bursting with text messages from network talent in the tense days following the 2020 presidential election. 1/
Have a look at this collection of Fox quotes from November 2020, as Sidney Powell and others were spinning their case that the presidential election was stolen.
The argument from Dominion -- bolstered by correspondence among the network's top people -- is that Fox News knew all too well that the stolen-election claims were a lie, yet they plowed ahead with programming indicating the opposite. /3
One thing that leaps out of the document is just how panicked were network officials about the viewers' disenchantment with the network's very early call of Arizona for Biden. It appears the whole place was in a state of revolt:
More: After a Fox News staffer correctly fact-checked stuff that was coming out of the network's opinion side, all hell broke loose among the prime-timers. Stunning:
CEO Suzanne Scott revealed this about the process:
Though Hannity said in private that he knew Trump needed accept the election results, look at what the host presented to his viewers each night: washingtonpost.com/opinions/2020/…
Fox News wiggled out of a defamation suit by arguing people shouldn't take the programming seriously (specifically, Tucker Carlson's show). Perhaps to fend off that defense, the Dominion filing goes into detail to show that the network's people see themselves as journalists:
More material in which Fox News people affirm they're in the news biz:
The minutiae disclosed in the Dominion filing are scandalous: They show just how incompatible is the hosts' candid chatter with the product they put on the airwaves -- and the reason for that gulf is ratings. Period.
By filing its suit and plowing through discovery, Dominion has produced perhaps the most piercing look at the internal goings-on at Fox News in its quarter-century history.
One caveat: News organizations that proceed through discovery in defamation suits rarely look good. Think of the New York Times in the Sarah Palin suit -- discovery exposed a shoddy and hurried editorial process that the Times surely didn't want to see in the light of day.
And when the WikiLeaks dumps of 2016 showed reporters' emails with people in the political sphere, the results often were unflattering.
Yet those instances were far more mild than what we see in these Fox News revelations. This is astounding.
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A note about the Chick-fil-A controversy of earlier this week: Former New York Times opinions staffer Adam Rubenstein wrote in the Atlantic that he was scolded in a 2019 orientation session for citing the chain’s crispy chicken sando as his fave. theatlantic.com/ideas/archive/…
An HR rep said, “We don’t do that here. They hate gay people.” To which, attendees “started snapping their fingers in acclamation,” wrote Rubenstein. The incident was the lede of a feature titled, “I Was a Heretic at The New York Times.”
Those documents and materials include communications relating to an NPR report by David Folkenflik regarding host Bret Baier’s proposal for a special on election lies during the time relevant to the trial.
That matter, said the Dominion lawyer, was “smack in the middle of the relevant time period and to the best of my knowledge, we just don’t have documents about this.”
Another omission, claimed the Dominion attorney, relates to material cited in this Daily Beast story: thedailybeast.com/ex-fox-produce…
I’m back in Wilmington, Del., for the second day of pretrial hearings in the defamation case Dominion Voting Systems v. Fox News. Trial is slated to begin next Monday.
This morning, Judge Eric Davis delivered a sustained scolding of lawyers for Fox News/Fox Corp. over an issue that arose yesterday.
Justin Nelson, a lawyer for Dominion, claimed yesterday that Fox News attorneys failed to be forthcoming about the status of Rupert Murdoch as a top officer at Fox News.
More from the courtroom in Dominion Voting Systems v. Fox News from the courtroom of Judge Eric Davis in Wilmington, DE: A lawyer for Dominion this afternoon issued a stern rebuke to how Fox News and its parent company, Fox Corp., have behaved on one key item in this case. 1/
At issue is who are the corporate officers of Fox News, which is critical to discovery procedures in civil litigation. Lawyers for Dominion asked Fox News higher-ups in depositions about the matter of who the officers are. 2/
The Dominion lawyer said that they received “some I-don’t-know” answers. 3/
Judge Davis warned lawyers not to make any argument in opening or closing that contradicts the judge’s ruling in the summary judgment phase of the litigation. “I will stop you,” he said, pledging to instruct the jury that the statement was erroneous. 3/
Some tart exchanges took place when the topic of newsworthiness came up. Fox News has argued time and again that the broadcasts that Dominion has attacked in its lawsuit were newsworthy stuff advanced by former President Trump and lawyers working on his behalf. 4/
Judge Davis made clear that witnesses may claim that they invited on air Sidney Powell or other guests because they thought they were newsworthy. However, he also warned lawyers against arguing before the jury that newsworthiness was a defense against defamation. 5/
Update on the Dominion-Fox News defamation suit: Fox News has filed its application to maintain the redactions that pop up passim in the summary judgment documents that have drawn such great public interest. 1/
Fox News argues that Dominion has jammed the docket with 700 exhibits. The "kitchen-sink approach," writes Fox, has been successful in prompting "dozens and dozens of news articles commenting on a subset of Dominion’s splashy (but legally questionable) defamation “evidence.”
In the filing, Fox News puts forth its arguments as to why the redactions should remain in place. Part of the rationale is what it calls "proprietary newsgathering processes." Have a look: