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    Rudy Giuliani turns over property to former election workers he defamed

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    Rudy Giuliani has relinquished dozens of watches and a Mercedes once owned by movie star Lauren Bacall to two former Georgia election workers who won a $148m defamation judgment against him, his lawyer said.Joseph Cammarata said in a letter filed late on Friday in Manhattan federal court that the trove of watches and a ring were delivered by FedEx to a bank in Atlanta, Georgia, in the morning.The 1980 Mercedes-Benz SL 500 was turned over at an address in Hialeah, Florida, and an undisclosed amount of funds from Giuliani’s Citibank accounts were also surrendered to the two women who won the judgment, according to the letter.Cammarata called Giuliani “a victim of political persecution” in an email and said this month’s election demonstrated Americans were tired of “witch-hunts, indictments, impeachments, prosecutions, convictions, civil cases and judgments”.On 22 October, Lewis Liman, a US district judge in New York, appointed Ruby Freeman and her daughter Shaye Moss as recipients of the property and gave the former New York mayor and Trump confidante seven days to turn over the assets. But after Giuliani missed that deadline, he appeared in court on 7 November and Liman threatened to hold him in contempt.A jury previously ruled that Giuliani owes Freeman and Moss around $150m for spreading lies about them after the 2020 election though Giuliani is appealing the ruling. Liman authorized the two women to immediately begin selling the assets.“The road to justice for Ruby and Shaye has been long, but they have never wavered,” Aaron Nathan, a lawyer representing Freeman and Moss, said in October. “Last December, a jury delivered a powerful verdict in their favor, and we’re proud that today’s ruling makes that verdict a reality.”“We are proud that our clients will finally begin to receive some of the compensation to which they are entitled for Giuliani’s actions,” said Nathan. “This outcome should send a powerful message that there is a price to pay for those who choose to intentionally spread disinformation.”Giuliani was also ordered to turn over his apartment on the Upper East Side of New York and several items of Yankees memorabilia. The two women are also entitled to fees the Trump campaign owes Giuliani for his legal work in 2020.But in his letter, Cammarata argued that some of Giuliani’s other possessions should also be exempt from the judgment under New York and Florida law.That includes all apparel – even a shirt signed by New York Yankees legend Joe DiMaggio that is part of the judgment – and all household furniture, as well as a refrigerator, radio receiver, television set, computer, cellphone, tableware and cooking utensils, the letter stated.Representatives for Freeman and Moss said last week that they visited Giuliani’s Manhattan apartment only to discover it was cleared out well before the October deadline. Giuliani first listed the three-bedroom apartment for $6.5m in 2023, but had cut the price to a little more than $5.1m this fall.Liman did not order Giuliani to turn over a separate Palm Beach condominium, for now, amid an ongoing legal dispute there. Liman instead entered an order barring Giuliani from selling the condo while that dispute is ongoing.After losing the defamation case last fall, Giuliani declared bankruptcy to try to avoid paying Freeman and Moss the money they were owed. A judge dismissed that bankruptcy case earlier this year.After the 2020 election, Giuliani amplified a misleading video and falsely accused Freeman and Moss of illegal activity while counting ballots in Atlanta on election night in 2020. He continued to do so even after Georgia election officials said the video showed both women doing their jobs with no issue. They have also been formally cleared by investigators of any wrongdoing.The video and lie about the two women became central to Donald Trump’s effort to overturn the election results in Georgia. The ex-president mentioned Freeman by name on a phone call in 2021 with Georgia secretary of state Brad Raffensperger, asking him to overturn the vote.Both women have rarely been seen in public since the incident, but have spoken about how it has upended their lives. They received constant death threats, were chased from their homes and lost their jobs. During the defamation trial in Washington DC, they spoke about the depression they faced after the election.Giuliani, who lost his law license in New York and Washington DC, has shown little regret for his false statements. During the trial, he gave a press conference on the courthouse steps in which he insisted everything he said about Freeman and Moss was true.Cammarata, in his Friday letter, also asked to delay Giuliani’s January trial over the disposition of some of his assets so that he can attend president-elect Donald Trump’s inauguration.Giuliani has claimed he was the victim of a “political vendetta” and expects to win on appeal and get back all his possessions. More

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      Far-right website admits there was no fraud at 2020 vote-count in Atlanta

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      The far-right website The Gateway Pundit acknowledged for the first time on Saturday that there was not any fraud during ballot counting in Atlanta in 2020 when Donald Trump lost the presidency, a significant concession from one of the most influential conservative sites that plays a key role in spreading election misinformation.The statement, the first acknowledgment from the site that there was no proof of fraud in Atlanta, came days after the site settled a defamation lawsuit with Ruby Freeman and her daughter, Shaye Moss, two local election workers who the site falsely accused of wrongdoing. The terms of the settlement were not disclosed publicly, but the site appears to have removed all mention of the two women.“Georgia officials concluded that there was no widespread voter fraud by election workers who counted ballots at the State Farm Arena in November 2020,” the site’s co-founder, Jim Hoft, said in a statement posted on Gateway Pundit on Saturday. “The results of this investigation indicate that Ruby Freeman and Wandrea ‘Shaye’ Moss did not engage in ballot fraud or criminal misconduct while working at State Farm Arena on election night. A legal matter with this news organization and the two election workers has been resolved to the mutual satisfaction of the parties through a fair and reasonable settlement.”As Trump sought to overturn his 2020 electoral defeat to Joe Biden, Gateway Pundit relentlessly amplified a misleading video it said showed poll workers fraudulently counting ballots on election night. Gateway Pundit was the first site to identify Freeman and Moss as the two women in the video and published dozens of articles falsely accusing them of wrongdoing.Moss and Freeman have publicly spoken out about the severe harassment they faced. They received many death threats. People showed up unannounced at Freeman’s home, and she feared they were going to kill her. Both women testified last year that they were still afraid to go out alone in public.Hoft and his twin brother, Joe, who is also a contributor to the site, refused to back down from their false claims. They held a press conference on the sidelines of the Republican national convention in Milwaukee in July insisting that the video showed wrongdoing.Freeman and Moss previously settled a lawsuit with One America News Network, another far-right conservative outlet, which subsequently broadcast a correction to its reporting and noted the two women had not engaged in fraud.A Washington DC jury also ordered Trump ally Rudy Giuliani to pay the two women nearly $150m in damages last year. Giuliani has appealed the verdict and undertaken legal maneuvers to avoid payment. Lawyers for Freeman and Moss have asked a federal judge in New York to give them control over his assets.Gateway Pundit still faces a defamation lawsuit from Eric Coomer, a former employee of Dominion voting systems, whom the outlet falsely accused of rigging the election. More

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      Far-right site Gateway Pundit settles defamation suit with election workers

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      The Gateway Pundit, the far-right news website that played a critical role in spreading false information about the 2020 election, has settled a defamation lawsuit with Ruby Freeman and Shaye Moss, two Georgia election workers it falsely accused of wrongdoing.Notice of the settlement was filed in circuit court in Missouri, where Freeman and Moss had sued the site for defamation. Terms of the settlement were not disclosed in the filing.Nearly 20 articles that Freeman and Moss said had falsely accused them of wrongdoing were no longer available on The Gateway Pundit’s website as of Thursday afternoon, according to a Guardian review.“The dispute between the parties has been resolved to the mutual satisfaction of the parties through a fair and reasonable settlement,” the legal team for Moss and Freeman said in a statement. Attorneys for the Gateway Pundit did not immediately return a request for comment.After the 2020 election, the Gateway Pundit published a series of stories amplifying a misleading video that showed Freeman and Moss counting ballots. The site pushed the false claim that the two women were committing fraud and counting illegal ballots after counting had ended for the night. The Gateway Pundit was the first news outlet to identify Freeman and later identified Moss, who have been cleared of all wrongdoing.Even after Georgia election officials debunked the video, the site continued to publish numerous articles falsely accusing Moss and Freeman of fraud. Rudy Giuliani, Trump’s lawyer, also attacked the two women publicly. A Washington DC jury ordered Giuliani to pay nearly $150m to the two women last year for libel, a decision the former New York mayor is appealing. At the trial, Giuliani’s lawyer at one point accused the Gateway Pundit of being the basis of the false claims about the two women.The two women faced vicious harassment, including death threats, and fled their homes and went into hiding after people showed up unannounced at Freeman’s home. Moss’s son received death threats on his phone and fell behind in school. Freeman testified last year that she had nowhere to live. Moss testified to the committee investigating the January 6 attack in 2022, but has otherwise not spoken much publicly.“I was terrorized,” Freeman said during a trial in Washington DC last year. “I’d rather stay in my car and be homeless rather than put that on someone else.”The site’s founder, Jim Hoft, had refused to concede that the site said anything false about the women, even though the state quickly debunked accusations of wrongdoing and a longer investigation formally cleared them. Hoft and his twin brother, Joe, also a contributor, held a press conference in Milwaukee during the Republican national convention in July and repeated many of the false claims about Freeman and Moss.The settlement with the Gateway Pundit is notable because of the influential role the site plays in spreading misinformation. One recent analysis by the group Advance Democracy found that the site is continuing to spread false information about voting and seed the idea that the 2024 election could be stolen.The two women have already settled a settled suit with One America News, another far-right outlet. The network issued an on-air apology after the settlement.They are also seeking to collect on the money Giuliani owes them. Their lawyers recently asked a New York judge to allow them to take control over Giuliani’s assets.The Gateway Pundit still faces a libel suit from Eric Coomer, a former employee of the voting system company Dominion who was falsely accused of subverting the 2020 election.The site had declared bankruptcy in an attempt to delay the case, but a judge dismissed the effort earlier this year.The case was one of several libel lawsuits filed against Trump allies and conservative networks that aired false claims about the 2020 election. Nearly all of those cases have settled, which observers have said may underscore the limited role defamation law can have in curbing misinformation.More details soon … More

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      in US Politics

      ‘I miss my name’: Giuliani verdict lays bare limits of defamation law

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      About halfway down the main hallway in the federal courthouse in Washington DC are the names of every judge who has sat on the bench since the early 1800s. Printed in gold lettering, the names include Ruth Bader Ginsburg, John Roberts, Brett Kavanaugh, Antonin Scalia and Ketanji Brown Jackson, all of whom have gone on to the highest levels of public service.But this week, four floors above that hallway, in courtroom 26A, two little-known public servants mourned the moment they lost their own names.In harrowing detail, Ruby Freeman and her daughter Wandrea ArShaye Moss testified about how Rudy Giuliani and Donald Trump falsely accused them of election fraud and ruined their lives shortly after the 2020 election as part of a scheme to contest and overturn the results. They told eight Washington DC jurors how they received a flood of racist messages and death threats. And how they’ve fled their homes outside Atlanta, Georgia, isolated themselves from their community and started protecting their identities. “I don’t have a name no more,” Freeman said on Wednesday. “Sometimes I don’t know who I am.”As millions of Americans have heard by now, Giuliani, the former New York mayor, repeatedly lied about the two women, who are Black. He claimed that they wheeled suitcases of illegal ballots out from under tables after counting had concluded at State Farm Arena, that they were passing around USB drives and that they created a fake water main break.The case was one of several significant efforts to hold Giuliani, Trump and other allies accountable for the lies they spread about the 2020 election – an election Trump continues to insist that he won.The jury awarded Moss and Freeman $148.1m in cumulative damages.The Giuliani case was about more than defamation. It was about power.At issue in the case wasn’t really the fact that Giuliani lied, but whom he lied about. It was a case about the way powerful people can use their influence to destroy the reputations of the average person.Moss spoke about this during her testimony on Tuesday when she described a nightmare she continues to have. In it, she opens her front door, she said, and finds powerful people with nooses ready to kill her.“They could do that because of who they are,” Moss said. “I’m a nobody.”Giuliani showed little emotion or remorse as lawyers for Freeman and Moss played horrific messages they received, including voicemails filled with racial slurs and letters sent to their homes with graphic death threats.In the first moments of the case, Von DuBose, one of the attorneys for Freeman and Moss, asked the jurors to consider the power of a name. “What’s in a name? Power, purpose, pride,” he said. “Your name is the most important thing you know.”He went on to say that the case was about how the names of Freeman and Moss have been transformed by Giuliani’s defamatory lies. Unspoken, too, were those of two men who have built their careers around their names: Giuliani and Trump. Two men who have continued to benefit as Moss and Freeman suffered.Though they never intended it, Moss and Freeman have become symbols of the human cost of the cost of election denialism because of that imbalance of power.They have largely stayed out of public since 2020, but their presence in a Washington DC courtroom served as a stand-in for the droves of election workers who have faced lies and harassment from people who believe the election was stolen. Many of them have left the profession.That sentiment was driven home in a gut-wrenching moment when Moss testified about the initial weeks in December 2020 when she went back to work, even while receiving harassment, to prepared for Georgia’s January 2021 runoff election. “I literally felt like someone was going to come and attempt to hang me and there’s nothing anyone can do about it.”“Amidst all of this my goal was to get ready for the next election,” she said. “It’s hurtful … That’s the way people feel when I’m breaking my back to make sure their vote counts.”Usually in high-profile cases, it is the wealthy, famous person who is surrounded by a phalanx of lawyers in the courtroom. But in 26A this week, Giuliani sat alone at the defense table, flicking through his tablet, with a single lawyer, Joseph Sibley.Sibley did his best, with scattershot arguments to the jury to try to persuade them that Giuliani was not responsible for serious harm against the plaintiffs. He pointed to other actors, such as the far-right platform Gateway Pundit, that he said were really to blame for Freeman and Moss’s suffering because of how they disseminated the lies and videos. It would not really cost tens of millions of dollars to repair the reputation of the two women, he argued at another point.At the end, he made a simpler appeal: judge Giuliani by his good reputation.skip past newsletter promotionafter newsletter promotion“Rudy Giuliani is a good man. I know that some of you may not think that. He hasn’t exactly helped himself with some of the things that have happened in the last few days,” he said. “The idea of him being a racist, or him encouraging racist activity, that’s really a low blow. That’s not who he is.”At the plaintiffs’ table, about 10ft away, it was Moss and Freeman who sat quietly surrounded by a dozen attorneys. It was the first time the two women had come face to face with the man who has tormented them for years.“After everything they went through, they stood up and they said no more. They opened themselves up to you and the public, and unlike some other people, they testified here under oath,” Michael Gottlieb, one of their attorneys, said in closing arguments, needling Giuliani’s last-minute decision not to testify.He urged the jurors to “send a message” with their damages award.“Send it to Mr Giuliani,” the lawyer said in his closing argument. “Send it to any other powerful figure with a platform and an audience who is considering whether they will take the chance to seek profit and fame by assassinating the moral character of ordinary people.”The verdict came, and it sent a message. But it didn’t yet bring closure.It’s not clear when Moss and Freeman can expect to see a cent of the money they’ve been awarded. Giuliani is widely reported to have financial troubles and he is likely to use an appeal and every other legal maneuver to try to delay paying. And it’s not clear whether the case will even stop Giuliani from defaming them again.“I don’t regret a damn thing,” he said outside the federal courthouse on Friday.Giuliani had been far from repentant throughout the week. And since August, when Judge Beryl Howell entered a default judgment against Giuliani for defamation per se, intentional infliction of emotional distress and civil conspiracy, Giuliani has made at least 20 defamatory statements against Freeman and Moss, their attorneys said this week.The dynamic underscores the limits of defamation law to police misinformation. While it can force people to pay for their lies, it cannot force them to stop lying or persuade people not to believe the lies.RonNell Andersen Jones, a first amendment scholar at the University of Utah, said observers are concerned about instances in which defamers brush aside damages. In cases involving large media outlets, she said, it may simply be seen as the cost of doing business. And in others, like that of Giuliani, people may simply “be judgment-proof, bankrupt, or otherwise unwilling or unable to pay”, she said.“In both situations, we’re testing the outer boundaries of libel law’s ability to remedy the harm done by falsehoods and to deter defamers from telling future lies. We are also, more fundamentally, testing the rule of law,” she added.“If the incentive to lie to audiences eager to receive those lies is stronger than the power of any court proceeding, and if defamers have decided that they simply will not participate in cases brought against them and will avoid paying damages when they are issued, this raises far deeper concerns.”Even with the money, it won’t be able to undo the damage that the two women suffered to their reputations. Moss loved her job as a Fulton county election official and thought her interim position as the permanent absentee ballot supervisor would be made permanent.Instead, she was moved to a back office role under the impression she would never touch a ballot again.“I want people to understand this: money will never solve all of my problems. I can never move back to the house I called home. I will always have to be careful about where I go, and who I choose to share my name with,” Freeman said outside the federal courthouse in Washington DC after the verdict on Friday.“I miss my home, I miss my neighbors, and I miss my name.” More

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      in Elections

      Groups increasingly use defamation law to ward off US election subversion

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      Groups seeking to protect US democracy from a renewed threat of subversion in the presidential race next year wield a new weapon against Donald Trump and his accomplices: the little-used law of defamation.Trump’s former lawyer Rudy Giuliani, the My Pillow CEO, Mike Lindell, and conspiracy theorist Dinesh D’Souza are among the individuals named in a spate of high-profile defamation cases targeting those who tried to overturn the 2020 election. Prominent rightwing media outlets such as Fox News and Gateway Pundit are also on the hook.Already the legal pain is mounting. Giuliani has been found liable for defaming two election workers in Georgia whom he falsely accused of criminally miscounting votes in 2020 in favour of Joe Biden.The case will go to trial in December with Giuliani facing possibly swingeing punitive damages.Lindell has notched up millions in legal fees in the $2bn defamation suits that have been brought against him by the voting machine firms Dominion and Smartmatic for falsely saying they rigged the count. His ongoing libel woes follow the April settlement in which Fox agreed to pay Dominion a shattering $788m for broadcasting similar lies.“This is lawfare,” Lindell protested in an interview with the Guardian. “Lawfare hasn’t been used in our country since the late 1700s, and that’s what they are doing.”The lawsuits are designed in part as a strategy of deterrence. Those pressing the libel suits hope that anyone contemplating a renewed assault on next year’s presidential election, in which Trump is once again likely to be the Republican candidate, will look at the potentially devastating costs and think twice.“We aim to demonstrate that there is no immunity for spreading intentional and reckless lies,” said Rachel Goodman, a lawyer with the non-partisan advocacy group Protect Democracy. “Ensuring accountability for intentional defamation is a crucial part of deterring election subversion from happening again in 2024.”Protect Democracy currently has five defamation suits on the go against individuals and outlets who propagated election denial. The defendants include Giuliani, the Gateway Pundit and the beleaguered undercover video outfit Project Veritas.D’Souza is being sued over his widely derided and debunked movie 2000 Mules. In it he depicted a Black voter in Georgia, Mark Andrews, as a “mule” who illegally deposited ballots in a drop box when in fact he legally delivered the votes of his own family.The fifth case concerns Kari Lake, the Arizona Republican who refused to accept her defeat in that state’s gubernatorial contest last year. The plaintiff is the top election official in Maricopa county, Stephen Richer, whom she falsely accused of injecting 300,000 phoney ballots into the count to swing the race against her.Defamation law has traditionally been sparingly used in the US, given the very high bar that plaintiffs have to meet. Under the 1964 supreme court ruling New York Times Co v Sullivan, they have to be able to show “actual malice” on behalf of the accused.“When lawsuits are brought against public figures they can only prevail if they can show that the speaker knew that the statements were false, or very likely false, and made recklessly without further investigation or caring for the truth,” said Eugene Volokh, a law professor at UCLA.The first Protect Democracy suit to reach trial will be that against Giuliani. A jury will convene in a federal court in Washington DC on 11 December to decide the scale of damages he will have to pay.Giuliani waged a “sustained smear campaign” against two Georgia poll workers in the 2020 count of absentee ballots, Protect Democracy alleged. The mother and daughter duo, Ruby Freeman and Shaye Moss, became the targets of a conspiracy theory in which they were said to have packed bogus ballots into “suitcases” which they then surreptitiously counted five times, transferring victory to Biden.Giuliani called their actions “the crime of the century”, and labeled them “crooks”.Georgia election officials and police investigators categorically disproved the falsehoods within 24 hours of Giuliani airing them. The suitcases turned out to be ballot storage boxes and the counting process was entirely normal, yet he continued to repeat the lies for months.Freeman and Moss faced a prolonged harassment campaign, including death threats from Trump supporters. At its peak, Freeman was compelled to flee her own home and to shutter her online business.In July, in an attempt to avoid disclosing evidence to the plaintiffs, Giuliani admitted that he had made defamatory statements and caused the pair emotional distress. The following month a federal judge ruled he was liable for defamation – leaving the jury to decide only the scale of damages.Goodman said the case summed up why Protect Democracy was bringing defamation suits against election denialists. “Ruby Freeman and Shaye Moss were Americans doing their civic duty, and they were put in the crosshairs of this election subversion machine – we should not stand for that.”Most defendants have tried to shield themselves behind the first amendment right to free speech. In Arizona, Kari Lake has attacked the lawsuit against her as an attempt to “punish or silence” her “core free speech about the integrity of the 2022 election”.In his Guardian interview, Lindell said: “I have a first amendment right. These defamation cases are damaging free speech – people are afraid to speak out, to come forward with anything.”Protect Democracy countered that the first amendment does not provide blanket protection for mendacity. “It does not protect those who knowingly spread lies that destroy reputations and lives,” Goodman said.Nina Jankowicz, an expert on disinformation, also rejects the idea that the first amendment shields reckless falsehoods. She is suing Fox News for what she claims were the “vitriolic lies” the channel spread about her in 2022 in her role as head of a newly created federal unit combatting misinformation.Jankowicz resigned from the Disinformation Governance Board, which was also disbanded, barely three weeks into the job. Her defamation complaint quotes the former Fox News star Tucker Carlson calling her a “moron” on air and labelling her unit “the new Soviet America”.Jankowicz said she took the decision to sue because she could see no other route to correct the public record. If there was a free speech component, she said, it was that her rights had been violated, not those of Fox News.“Their intention was to silence me, just as the defamation of election workers in Georgia was designed to silence them. That’s pretty un-American.”Fox has moved to have Jankowicz’s case dismissed, arguing that she has failed to meet the actual malice standard. A ruling is expected soon.The billion-dollar question is: can it work? Can the strategy of deploying defamation as a deterrent force denialists to think twice before they embark on renewed election subversion in 2024?Jankowicz, despite pressing ahead with her own libel suit, remains skeptical. “I haven’t seen any change in how these rumors and outright lies are being spread yet, and I do worry for 2024,” she said.She added that change would only come “when we see more big settlements, or juries siding with plaintiffs”.Parties accused of peddling anti-democratic lies certainly remain vociferous. The Gateway Pundit, the far-right website which Protect Democracy is suing for having published the same falsehoods as Giuliani about the Georgia poll workers, has used the lawsuit as a fundraising tool.Lindell said that he would never be silenced, and continued to insist that his statements about Dominion’s rigging of the 2020 election were “truths”. “I will continue to tell the truth, nothing’s going to stop me from speaking out. I’m not scared,” he said.There are though tentative signs of a shift in behavior. The far-right channel One America News backtracked on its lies about the Georgia poll workers last year after having settled its defamation suit with Freeman and Moss. Since then the outlet has been dropped by several major cable providers.In the wake of the huge defamation settlement between Fox and Dominion, Dinesh D’Souza and Trump himself complained that Fox News refused to give air time to 2000 Mules.Goodman is optimistic that defamation suits can help shore up the US’s shaken democratic norms. “This is about accountability as a way of ensuring that our democracy can get back on track,” she said. More

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      in Elections

      Lachlan Murdoch knew Fox News claim of stolen US election was false, Crikey will argue in defamation trial

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      Lachlan Murdoch allowed Fox News hosts to peddle the claim that the US presidential election was stolen from Donald Trump despite knowing it was false, Crikey will argue in a defence of contextual truth in its upcoming defamation trial.The 36-page defence, which has been filed by the Crikey publisher, Private Media, in the federal court ahead of an October trial, substantially relies upon events in the US, where Dominion brought a $1.6bn defamation suit against the media company for spreading election lies.Crikey’s defence alleges Murdoch “closely monitored how Fox News Network handled reporting on the election”, according to his Dominion deposition, and that he was “generally aware of the allegations made by Sidney Powell on the Fox News Network at the time they were being made, which were to the effect that the 2020 US presidential election was fraudulently stolen from Mr Trump”.The US jury trial, set to begin on 17 April, centres on whether Fox News knowingly broadcast false claims about Dominion equipment as Trump and his allies sought to overturn the 2020 election.Justice Michael Wigney granted Crikey additional time to add the contextual truth defence on top of its already pleaded defences of public interest and qualified privilege.The defamation proceedings against the independent Australian news site were launched last year over an article published in June that referred to the Murdoch family as an “unindicted co-conspirator” in the US Capitol attack.
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      The expanded defence includes the recent admission by Rupert Murdoch that Fox News hosts endorsed Trump’s false claims.“Lachlan Murdoch is morally and ethically culpable for the illegal January 6 attack because Fox News, under his control and management, promoted and peddled Trump’s lie of the stolen election despite Lachlan Murdoch knowing it was false,” the Crikey defence says.“Lachlan Murdoch’s unethical and reprehensible conduct in allowing Fox News to promote and peddle Trump’s lie of the stolen election, despite Lachlan Murdoch knowing it was false, makes him morally and ethically culpable for the illegal January 6 attack.”Murdoch’s barrister, Sue Chrysanthou SC, indicated in an earlier hearing she would apply to strike out the contextual truth defence, which she described as vague.“This defence is not rational, it is not arguable, it’s a waste of everyone’s time and it serves no legitimate end in the litigation,” the barrister said.skip past newsletter promotionafter newsletter promotionShe accused Crikey of including masses of material from the Dominion case in the Australian defamation lawsuit purely as part of its “Lachlan Murdoch campaign”, which she alleges is an attempt to raise funds and increase subscriptions on the back of the lawsuit.Murdoch’s attempt to split the trial and have the imputations determined first was dismissed.Murdoch has argued that he has been “gravely injured in his character, his personal reputation and his professional reputation as a business person and company director, and has suffered and will continue to suffer substantial hurt, distress and embarrassment” as a result of the Crikey article.At the hearing earlier this month, Wigney described the litigant and the respondent as having “a scorched earth policy” in their conduct of the matter.“And I say this with the greatest respect … there does seem to be a hint that this case is being driven more by … ego and hubris and ideology than anything else,” he said. More

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      in US Politics

      Alex Jones lawyer’s license is suspended for releasing sensitive records

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      Alex Jones lawyer’s license is suspended for releasing sensitive recordsNorman Pattis cannot practice in Connecticut after releasing medical records of Sandy Hook families during Infowars host’s trial A judge has suspended the license of a lawyer who was representing Alex Jones when the attorney appeared to have accidentally released sensitive court records surrounding the defamation lawsuits after the Sandy Hook school killings that the notorious conspiracy theorist lost.Alex Jones owes $1.5bn and declared bankruptcy. So how is Infowars still running?Read moreIn a court order that she issued on Thursday, Connecticut judge Barbara Bellis suspended New Haven-based Norman Pattis from practicing law in the state for six months.Bellis, who decried Pattis’s actions as “inexcusable” and an “abject failure”, wrote: “We cannot expect our system of justice or our attorneys to be perfect, but we can expect fundamental fairness and decency.”Pattis had sent out medical records pertaining to some of the families of those killed during the Sandy Hook attack, along with other information that was considered confidential, Bellis’s ruling showed.Despite Pattis’s claim that the release of the records was an “inadvertent mistake”, Bellis “flatly rejects” the claim. In her court order, she wrote that “there was no fairness or decency” in how Pattis handled “sensitive and personal information” at the center of a lawsuit in which the families of Sandy Hook victims accused Jones of using the shooting that killed 26 at the school to build his audience and make millions of dollars through his false claims that the tragedy was a hoax aimed at forcing the US to accept gun reform.“At a basic level, attorneys must competently and appropriately handle the discovery of sensitive materials in civil cases. Otherwise, our civil system, in which discovery of sensitive information is customary and routine, would simply collapse,” Bellis continued.An assistant of another attorney for Jones, in a related case in Texas, mistakenly sent their legal adversaries’ Jones’s text messages that contradicted sworn statements from Jones claiming he had nothing on his phone related to the deadly school shooting.Rulings in the lawsuits against Jones in Texas, where he resides, and Connecticut, where the Sandy Hook attack occurred, have resulted in Jones being ordered to pay more than $1bn in damages after he was found to have unduly inflicted anguish on victims’ families, among other harm.In a statement to the Associated Press, Pattis said he plans to challenge the order with a higher court, writing: “We’re looking forward to appellate review.”Pattis is currently representing a member of the rightwing extremist group Proud Boys in Washington DC who has been criminally charged with seditious conspiracy surrounding the violent January 6 riots that took place at the US Capitol exactly two years ago Friday.TopicsNewtown shootingUS justice systemUS politicsLaw (US)Defamation lawnewsReuse this content More

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      Lachlan Murdoch alleges Crikey hired marketing firm to turn legal threat into subscription drive

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      Lachlan Murdoch alleges Crikey hired marketing firm to turn legal threat into subscription driveNews Corp co-chair’s lawyer tells federal court she intends to show Crikey did not republish article for public interest reasons

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      Crikey hired a marketing company to capitalise on a legal threat from Lachlan Murdoch in order to drive subscriptions, the co-chair of News Corporation has alleged in the federal court.Murdoch launched defamation proceedings in August against the independent news site over an article published in June that named the Murdoch family as an “unindicted co-conspirator” in the US Capitol attack. The trial has been set down for March 2023 but the parties are in dispute over pretrial matters.One of the matters heard by justice Michael Wigney in a brief hearing was an allegation by the Murdoch team that a marketing campaign, run by brand strategists Populares, undermines the public interest defence on which Crikey publisher Private Media was relying.Lachlan Murdoch’s legal team loses bid to have parts of Crikey’s defamation defence dismissedRead moreIn response to a concerns letter from Murdoch in June, Crikey initially agreed to take down the article but after failing to reach agreement it was reinstated on 15 August.Sue Chrysanthou SC, for Murdoch, said she intends to show that republication of the article was not for public interest reasons but for a marketing campaign.She said Populares produced a “significant report” titled “Lachlan Murdoch Campaign” about how “a dispute with my client could be marketed for the purposes of attracting new readers and gaining subscriptions”.“The purpose of the re-posting was not for the public interest, it was for the media campaign,” she said.
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      In his statement of claim in August Murdoch alleged that the placement of a New York Times advertisement inviting him to sue Crikey over the alleged defamation was “seeking to humiliate” the executive chair and chief executive of Fox Corporation.Chrysanthou said social media was “the modern-day grapevine” and alleged Crikey had paid for some posts about her client “to be promoted and advertised”.She sought orders for Crikey to provide further information in response to questions because the submitted outlines of information did not address anything after the 29 June publication of the article by Crikey’s politics editor, Bernard Keane. Wigney said the request for written answers to about 180 questions, including sub-questions, could delay proceedings and he repeatedly asked Chrysanthou: “Do you want this to go to trial in March?”“I would withdraw those interrogatories you can cross-examine them,” he said.‘Lachlan gets fired the day Rupert dies’: Murdoch biography stokes succession rumorsRead morePrivate Media’s lawyer, Clarissa Amato, said Chrysanthou’s request would result in a “a catastrophic waste of time and money”.“Some of those may be things simply left out of the discovery list by accident … there are other requests that are effectively new categories of documents,” Amato said.Chrysanthou said the social media posts about her client had spread “like a virus”, and she would call a social media expert to give evidence explaining the reach.“We want the expert to address that issue, and the effect of promoting particular posts and how that then causes those posts to appear in different people’s feeds,” Chrysanthou said.She said the expert would be asked to explain a few essential posts, relevant to claims of serious harm from the publication.Murdoch is seeking damages because through the publication and republication of the article he alleges he “has been gravely injured in his character, his personal reputation and his professional reputation as a business person and company director, and has suffered and will continue to suffer substantial hurt, distress and embarrassment”.The parties will return to court on Thursday.TopicsLachlan MurdochAustralian mediaLaw (Australia)Defamation lawMedia businessNews CorporationMedia lawnewsReuse this content More