Judge rejects Fox News request to dismiss Dominion Voting’s defamation lawsuit over election claims

from the Washington Post

[ Editor’s Note: Fox stockholders just got their Christmas stockings stuffed with some coal by Superior Court Judge Eric Davis. Fox has certainly earned the gift with its rolling out the red carpet to a steady stream of fake news from Trump propagandists.

Fox seems to have gambled that it would be protected from defamation liability if 3rd party guests were pandering the bogus election claims. But there were several flies in the ointment on that.

The biggest one used by the Trumpers was to just ignore the roughly 60 court rulings from a fair mix of Republican and Democrat appointed judges, who concluded that no significant substantiated evidence of election theft had been submitted to the court.

Rudy Giuliani has stated in depositions that he did not have time to try to validate the election fraud claims coming in, while he used the ‘I am not the source of the claims’ responsibility dodge.

The Trump strategy seems to have been to show its power by having news outlets like Fox, and others, spreading the unproven claims behind the protection of free political speech.

I have a feeling that none of these ‘requests to dismiss’ against Dominion lawsuits will succeed. And it seems the job will be getting easier for the Dominion attorneys, as the Jan 6 committee is collecting evidence on the conspiracy side of The Trump Steal.

Liz Cheney will be going through the plotters with a chain saw, and it is going to be delightful to watch. We are at over 300 witnesses cooperating now, and rising.

Glenn Kirschner has even mentioned that he can smell ‘RICO’ charges in the air, i.e., an ongoing criminal conspiracy that carries enhanced sentencing and asset seizure. I don’t think Santa will be bringing this by December 25, but he will need to build a bigger sled for next year… Jim W. Dean ]

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First published December 17, 2021

A judge on Thursday rejected a request from Fox News to dismiss a $1.6 billion defamation lawsuit from Dominion Voting Systems over baseless claims made against the company during the 2020 presidential election, allowing the suit to move forward.

Delaware Superior Court Judge Eric M. Davis said it was “reasonably conceivable” for the Denver-based voting-machine company to have a defamation claim.

“The Court can infer that Fox intended to avoid the truth,” Davis wrote in a 52-page ruling. “Whether Dominion ultimately will prove Fox’s actual malice by clear and convincing evidence is irrelevant on a motion to dismiss. … Accordingly, Fox’s Motion should be denied.”

…“Fox possessed countervailing evidence of election fraud from the Department of Justice, election experts, and Dominion at the time it had been making its statements,” the judge wrote. “The fact that, despite this evidence, Fox continued to publish its allegations against Dominion, suggests Fox knew the allegations were probably false.”

…When he was still on Twitter, Trump, who described Dominion as “horrible, inaccurate and anything but secure,” retweeted a baseless report that the voting-machine system had “deleted 2.7 million Trump votes nationwide.”

You can read the full Washington Post article here.

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