Dominion Voting Systems won what are being called “blockbuster victories” Friday afternoon when a judge ruled the company suing Fox News for $1.6 billion in a major defamation lawsuit had met its burden of proof that Rupert Murdoch‘s far-right wing cable channel had repeatedly made false statements.
The final, and likely greatest legal issue Dominion will have to prove will be actual malice. That issue will be decided in a jury trial, Delaware Superior Court Judge Eric M. Davis ruled Friday, according to Law & Crime.
Unlike previous cases, Fox News will reportedly not be able to argue the on-air statements its personalities made were opinion.
CNN legal analyst and Brookings senior fellow Norm Eisen calls Friday’s decision a “huge win for Dominion on their summary judgment motion against Fox News.”
“Dominion won partial summary judgement that what Fox said about them was false! Now they just have to prove actual malice and damages,” Eisen says. “Meanwhile Fox’s motion was totally denied.”
Former U.S. Attorney Joyce Vance, an MSNBC contributor adds: “Dominion’s evidence Fox made false statements with reckless disregard is as strong as any I’ve seen.”
The judge was very clear in his ruling.
“While the Court must view the record in the light most favorable to Fox, the record does not show a genuine issue of material fact as to falsity,” Judge Davis wrote. “Through its extensive proof, Dominion has met its burden of showing there is no genuine issue of material fact as to falsity. Fox therefore had the burden to show an issue of material fact existed in turn. Fox failed to meet its burden.”
Attorney and MSNBC host and legal analyst Katie Phang points to this key passage in Judge Davis’ ruling.
Dominion has won the argument on the issue of falsity, meaning that as the Court funds below, “it is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true.” pic.twitter.com/7lKEspN0WI
— Katie S. Phang (@KatiePhang) March 31, 2023
Court watchers and news junkies are familiar at this point with the massive legal filings Dominion has made in which it exposed how Fox News knowingly made false statements regarding the 2020 presidential election. Those filings, each hundreds of pages, also detail internal Fox News communications and bombshell conversations between the company’s top personalities, executives, and even Chairman Rupert Murdoch.
Image of Rupert Murdoch via Shutterstock
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‘Bad News’ for Sidney Powell as First Trump Co-Defendant in Georgia RICO Case Takes Plea Deal: Legal Expert
“Under the terms of an agreement with Fulton County District Attorney Fani Willis’s office, Hall pleaded guilty to two counts of conspiracy to commit election fraud, conspiracy to commit computer theft, conspiracy to commit computer trespass, conspiracy to commit computer invasion of privacy, and conspiracy to defraud the state,” NBC News reports. “Under the terms of the deal, he’s being sentenced to five years probation.”
CNN previously reported “Hall, a bail bondsman and pro-Trump poll-watcher in Atlanta, spent hours inside a restricted area of the Coffee County elections office when voting systems were breached in January 2021. The breach was connected to efforts by pro-Trump conspiracy theorists to find voter fraud. Hall was captured on surveillance video at the office, on the day of the breach. He testified before the grand jury in Fulton County case and acknowledged that he gained access to a voting machine.”
Former U.S. Attorney Joyce Vance, a professor of law and frequent MSNBC contributor, says Hall “was in the thick of things with Sidney Powell on Jan 7 for the Coffee County scheme involving voting machines. If he’s cooperating, it’s a bad sign for her.”
Hall’s plea deal “spells bad news for, among others, Sidney Powell,” says former Dept. of Defense Special Counsel Ryan Goodman, an NYU Law professor of law. Goodman posted a graphic showing the overlap in charges against Hall and Powell, which he called “alleged joint actions.”
With breakthrough for Georgia DA (@TamarHallerman reporting: “SCOTT HALL has become the first co-defendant in the Fulton election interference case to take a plea deal with prosecutors.”)
That spells bad news for, among others, Sidney Powell.
Example of alleged joint actions.👇 pic.twitter.com/odMM5C7JtX
— Ryan Goodman (@rgoodlaw) September 29, 2023
See the graphic above or at this link.
Far-Right Republicans Kill GOP Bill to Keep Government Running in ‘Embarrassing Failure’ for McCarthy: Report
With a shutdown less than 36 hours away, far-right Republicans in the House of Representatives Friday afternoon voted against their party’s own legislation to kept the federal government running. Democrats opposed the content of the bill and voted against it. Just 21 far-right members of the GOP conference were able to effectively force what appears to be an all but inevitable shutdown at midnight on Saturday.
“HARDLINE HOUSE RS take down stopgap funding bill. 21 GOP no votes. 232-198,” reported Punchbowl News’ Jake Sherman just before 2 PM Friday.
NBC News reported that a “band of conservative rebels on Friday revolted and blocked House Republicans’ short-term funding bill to keep the government open, delivering a political blow to Speaker Kevin McCarthy and likely cementing the chances of a painful government shutdown that is less than 48 hours away.”
“Twenty-one rebels, led by Rep. Matt Gaetz, R-Fla., a conservative bomb-thrower and a top Donald Trump ally, voted Friday afternoon to scuttle the 30-day funding bill, known as a continuing resolution or CR, leaving Republicans without a game plan to avert a shutdown. The vote failed,” NBC added. “The embarrassing failure of the GOP measure once again highlights the dilemma for McCarthy as his hard-liners strongly oppose a short-term bill even if it includes conservative priorities. It leaves Congress on a path to a shutdown, with no apparent offramp to avoiding it — or to quickly reopen the government.”
A bipartisan group of at least 75 U.S. Senators has passed two bills this week that would keep the government running. Speaker of the House Kevin McCarthy has refused to allow it to come to the floor for a vote.
‘Wannabe Dictator’: Milley Appears to Slam Trump After Ex-President Suggested He Should Be Executed
General Mark Milley, the outgoing Chairman of the Joint Chiefs of Staff, the top military advisor to the President, during his retirement speech Friday appeared to deliver strong criticism of former President Donald Trump, who appointed him to that post but since has waged war against him.
“Trump’s rhetoric is dangerous, not just because it is the exact sort that incites violence against public officials,” professor of global politics and political scientist Brian Klass wrote at The Atlantic after Trump’s most recent attack on the Chairman, “but also because it shows just how numb the country has grown toward threats more typical of broken, authoritarian regimes.”
Trump had written, “if the Fake News reporting is correct,” General Milley “was actually dealing with China to give them a heads up on the thinking of the President of the United States. This is an act so egregious that, in times gone by, the punishment would have been DEATH! A war between China and the United States could have been the result of this treasonous act.”
Milley was acting within his duties in a White House approved conversation, according to Klass.
On Friday, Milley appeared to blast Trump.
“We don’t take an oath to a tribe. We don’t take an oath to a religion. We don’t take an oath to a king, or queen, or a tyrant, or dictator. We don’t take an oath to a wannabe dictator,” Milley declared. “We don’t take an oath to an individual. We take an oath to the Constitution, and we take an oath to the idea that is America, and we’re willing to die to protect it.”
“Every soldier, sailor, airman, Marine, Guardian and Coast Guardsmen, each of us, emits our very life to protect and defend that document, regardless of personal price to a country.”
Vanity Fair on Thursday reported General Milley “said he has taken security precautions to protect himself and his family after Donald Trump all but called for his execution last week.”
Watch Milley’s remarks below or at this link.
🚨🚨🚨Wow, outgoing CJS Chair Milley hits Trump at retirement ceremony: “We don’t take an oath to a king, or queen, or a tyrant or a dictator. And we don’t take an oath to a wannabe dictator …we take an oath to the Constitution … and we’re willing to die to protect it”. pic.twitter.com/AH2eQObge4
— Andrew Feinberg (@AndrewFeinberg) September 29, 2023
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