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    Why Dominion is already the winner of the $1.6bn lawsuit against Fox News

    As Fox News continued to broadcast lies about Dominion voting systems and the 2020 election, Tucker Carlson, one of its star hosts used one word over and over to describe what the network was doing – “reckless”.Those messages were the first pieces of evidence Justin Nelson, a lawyer representing Dominion, displayed on Tuesday as he began his argument for why a judge should rule the network defamed his client. “Reckless was a meaningful word” – in order to win the case, Nelson has to prove that Fox acted with “actual malice” – that its hosts, producers, and executives knew the statements were false or acted with reckless disregard to the truth.“Unlike every other single defamation case, we have in their own words the fact that they knew it was false,” Nelson said.It was an example that illustrated how the core of Dominion’s $1.6bn case against Fox are the words that came from the mouths of Fox’s employees. Regardless of what happens in the case going forward, Dominion may have already won: the messages offer a significant historical record of how top officials at one of America’s most powerful media organization aired information they knew was false when American democracy was under attack.The case has received an extraordinary amount of public attention and represents one of the most aggressive efforts to hold a party accountable for efforts to overturn the 2020 election, which culminated in the violent insurrection at the US Capitol on 6 January.There was the Fox employee who reviewed a script for Jeanine Pirro’s show and wrote that it was “rife with conspiracies”. There was the internal fact-checking operation, the Brain Room, which debunked the claims about Dominion and circulated it to Fox employees. There was another Fox employee who joked he was so familiar with fact-checked emails he received from Dominion that he had them “tattooed” on his body. There was the Fox employee who noted that any time Rudy Giuliani and Sidney Powell came on the network it was “guaranteed gold”, even as the network knew the claims they were pushing were false.Fox’s defamation defenses, while potentially legally potent, will not wipe out what has already been revealed. Erin Murphy, a lawyer representing the network, said in court this week that Fox can’t be held liable because it was merely airing allegations from representatives of the sitting president. Any reasonable viewer, she said, would have understood that they were allegations. Even if top Fox executives were generally aware of what was being broadcast and didn’t believe it, Murphy argued, that’s not enough to hold them liable. Eric Davis, the Delaware judge seemed skeptical of some those arguments.Tucker Carlson’s messages, Murphy pressed on, aren’t really relevant to whether other Fox officials knowingly broadcast false information.A jury will ultimately decide on the liability issues, but seeing one of the network’s most visible stars forcefully disagreeing with what was going on on-air will likely be what endures in the mind of the American public.Undergirding the litigation is also a dueling vision about the power of Fox and the role that it plays in American media. As Murphy, Fox’s lawyer, told it, Fox is just another news network where conservative opinions are sometimes sprinkled in on air. Its decision to air the allegations about Dominion were merely an attempt to help its viewers understand, she said, once comparing their work to C-Span, which strictly airs political proceedings with no commentary or narrative.But Dominion’s lawyers painted a more realistic picture of Fox, emphasizing the immense influence it has among conservatives. When the network chose to air the false claims about Dominion, it wasn’t just airing allegations, the lawyers said, it was pumping it into the veins of the American public. Fox didn’t just give Sidney Powell and Rudy Giuliani airtime, the network made them household names.There was a “deliberate decision … to release the kraken,” Rodney Smolla, another Dominion lawyer said on Tuesday, referring to Powell.Stephen Shackleford, another Dominion lawyer, made a similar point in his argument on Wednesday. He noted that when Powell began appearing on Fox, she hadn’t been formally hired by Trump and was being shut out of meetings at the White House. Fox still chose to give her a platform.“Sidney was hunting for someone to make her relevant and Fox made her relevant,” said Stephen Shackleford, another lawyer representing Dominion. “While it doesn’t matter legally, the historical record needs to be clear.”The full trial in the case is scheduled to begin on 17 April. More

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    Trump hush-money grand jury proceedings abruptly postponed

    The Manhattan grand jury expected to consider criminal charges against Donald Trump over his role in the payment of hush money to the adult film star Stormy Daniels will not meet on Wednesday, according to a source familiar with the matter, and is on standby about meeting on Thursday.The reason for the schedule change was not immediately clear.The grand jury, which meets in the afternoons on Mondays, Wednesdays and Thursdays, is not required to meet three times every week. It may hear from an additional witness before being asked to vote on whether to return an indictment in connection with the hush money payment, the source said.The adjournment sparked a flurry of speculation among people close to Trump, advisers asking if it signalled weaknesses in the case being prosecuted by the Manhattan district attorney, Alvin Bragg, or whether there was more damning evidence to come.A spokesperson for the district attorney’s office did not respond to a request for comment.On Monday, prosecutors allowed a Trump-aligned lawyer, Robert Costello, to testify before the grand jury. He assailed the credibility and account of the prosecution’s star witness, the former Trump lawyer Michael Cohen.The case centers on the $130,000 Trump paid Daniels through Cohen in the final days of the 2016 election. Trump reimbursed Cohen with $35,000 checks using his personal funds, which were recorded as legal expenses. In 2018, Cohen pleaded guilty to federal charges, some connected to the payments.What charges the district attorney might now seek against Trump remain unclear, though some members of his legal team believe the most likely scenario involves a base charge of falsifying business records, coupled with tax fraud, because Trump would not have paid tax on the payments.In recent days, Trump has been resigned to the fact that he will face criminal charges in the hush-money case, and has repeatedly insisted to advisers that he wants to be handcuffed when he makes an appearance in court, the Guardian previously reported.The former president has reasoned that since he would need to go to Manhattan criminal court in downtown New York and surrender to authorities for fingerprinting and a mugshot, the sources said, he might as well seek to turn it into a spectacle.Trump’s increasing insistence that he wants to be handcuffed behind his back for a perp walk appears to come from various motivations, including his desire to show defiance for what he sees as an unfair prosecution, and to have the whole affair galvanize his base for his 2024 presidential campaign.But above all, sources close to Trump said, he is deeply anxious that any special arrangements, like making his first court appearance by video link or skulking into the courthouse via an obscure entrance, would make him look weak or like a loser.Trump’s legal team has recoiled at the idea of him appearing in person, and recommended that Trump allow them to quietly turn him in next week and schedule a remote appearance, even citing guidance from his Secret Service detail about security concerns.But Trump has rejected that approach. Over the weekend, he told various allies he did not care if someone shot him, as he would become “a martyr” if so.He also said that if he was shot, he would probably win the presidency in 2024, the sources said. More

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    Trump in handcuffs: it’s a sight I’ve longed to see. The trouble is, that’s what he wants, too | Emma Brockes

    Of all the accusations and lawsuits that have swirled around Donald Trump, it’s not the one many of us thought would bring the man down. Trump has faced far worse allegations, primarily the ongoing defamation and battery suit brought against him by the journalist E Jean Carroll, and the accusation, via the January 6 committee, that he disrupted the peaceful transition of power. But it is the return of Stormy Daniels, the porn star elevated to Greek goddess of vengeance, that may deliver to the world an image many have longed to see: Trump in cuffs.To that end, all police in New York were ordered to be in uniform this week and on standby for immediate deployment. At the weekend, Trump urged his supporters to “protest, protest, protest” ahead of what he advertised as his likely arrest on Tuesday, after a grand jury in the Manhattan criminal court inched closer to a possible indictment. As it turns out, no arrest has yet been made. But the accusations against Trump, which relate to his alleged payment of hush money to Daniels in the run-up to the 2016 presidential election, appeared to be on the verge of triggering an arrest order from the Manhattan district attorney’s office. If it happens, it will be the first time criminal charges have been brought against a former president.The charges themselves are two-step and complicated, turning on a matter of alleged falsification of business records in the interests of furthering Trump’s election prospects. If Trump paid hush money to Daniels via his fixer, Michael Cohen, then lied about it, the DA’s office will try to contend that this constitutes not only a misdemeanour crime of cover-up, but a more serious felony entailing “intent to defraud”. The $130,000 paid to Daniels may then be framed as an improper campaign donation.It’s all very Al Capone and the bean-counters, which is to say not exactly a snappy charge for the headlines. Nor does it carry a particularly stiff penalty. The maximum prison sentence for a minor felony such as this is four years and it’s extremely hard to imagine Trump getting jail time. If the intention is to publicly embarrass Trump, that seems destined to backfire, too, given the man’s super-human levels of shamelessness. The maximal end point here would, presumably, be to tie Trump up sufficiently to edge him out of the next presidential election. Not a splashy outcome, but a potentially far-reaching one.The cost and the risk involved is considerable. In terms of the former, the mere fact of seeing his face on the news this week is a return to a place many of us don’t want to go. Accountability of any kind, no matter how small, would of course be satisfying in a way, but on the other hand, what mightn’t we give for the bliss of never hearing about this man ever again? Watching the news, I found myself wondering if I would, in fact, sacrifice revenge and justice, poetic or otherwise, for an entirely Trump-free existence.Anyway, that’s not on the cards. The bigger issue with any potential arrest of Trump is what it may do to his election chances. History has taught us that Trump can turn any publicity, no matter how negative, into a persecution narrative that only fans the conspiratorial mindset of his most ardent supporters. At the weekend, as he went the full Joan of Arc and urged his defenders to go out on the streets to protest for him, it was hard to escape the conclusion that he was thoroughly enjoying himself, and that he would far rather be arrested than ignored.It’s best with Trump to get the disappointment out of the way, to dash your own hopes before anyone else does. As the story unfolds, I’m getting in early and trying to come to terms with how it may all play out: the arrest happens, Trump is arraigned and tried, there’s no conviction, and he leverages the attention to stir up his base so that we don’t see the back of him for years. Now universe, prove me wrong!
    Emma Brockes is a Guardian columnist More

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    Trump keeps accusing Black prosecutors of being ‘racist’. Coincidence? I think not | Tayo Bero

    The last several months have seen former president Donald Trump dust off his tired strategy of stoking white nationalist sentiment, and this time he’s taking on the prosecutors.He started with the Manhattan district attorney, Alvin Bragg, who is currently bringing charges against Trump over alleged hush money paid to former actress Stormy Daniels during the 2016 elections.Earlier this month on Truth Social, Trump declared: “The Racist Manhattan District Attorney, Alvin Bragg, who is presiding over one of the most dangerous and violent cities in the US, and doing NOTHING about it, is being pushed … to bring charges against me for the now ancient ‘no affair’ story of Stormy ‘Horseface’ Danials [sic], where there is no crime and charges have NEVER been brought on such a case before.”Next, he took aim at Fani Willis, the district attorney of Fulton county, Georgia, for working to stop potential state legislation that would undercut the discretion of DAs like her. Interestingly, Willis is also looking at filing racketeering and conspiracy charges, based on Trump’s role in pressuring Georgia lawmakers after his 2020 loss.“The Racist District Attorney in Atlanta, Fani T Willis, one of the most dangerous and corrupt cities in the US, is now calling the Georgia Legislature, of course, RACIST, because they want to make it easier to remove and replace local rogue prosecutors who are incompetent, racist, or unable to properly do their job,” Trump wrote on 5 March.The bill in question would create an oversight board within the Republican-led Georgia legislature that could punish or remove local prosecutors based on a seemingly vague set of criteria. Critics – including Willis – recognize the bill as an effort to stifle and push out prosecutors that Georgia Republicans deem too liberal.The irony of Trump calling Willis racist – because she was calling out racism – feels almost too ridiculous to be real, but it’s the kind of legal, racial and political theater that has marked his most recent return to public politics.Then there’s Letitia James, New York’s attorney general, who Trump took aim at after she announced a $250m lawsuit against him for fraud. “There is nothing that can be done to satisfy the racist attorney general of New York state, failed gubernatorial candidate Letitia James, or the New York state courts which are biased, unyielding and totally unfair,” Trump said in a statement. “This is a continuation of the greatest witch hunt in history, and it should not be allowed to continue.”Trump’s accusations have a few things in common: none of them are supported by any kind of real evidence of racism; in all cases, he alludes to some kind of larger conspiracy; and, of course, all of the attorneys he is maligning are Black.Black people can’t be racist. They simply do not possess the political, social or material power to enact the violence that racism seeks to do to those who suffer under it. Trump probably knows that. Still, one of the impacts of this rhetoric of anti-white racism is that it invites everyday Americans to see themselves as victims of a Black takeover.This isn’t just absurd, it also lends credence to the far-right “white replacement theory” that underpins Trump’s political strategy.Only about 6% of district attorneys in the country are Black. Trump is inflating the legal discretionary power of this handful of people, then extrapolating it to all Black Americans, effectively saying: “Watch out for those Blacks; they’re coming to get you.”The political and racial maneuvering here is obvious, but that doesn’t make it any less dangerous. In remarks late last month, Trump called prosecutors in New York, Atlanta and Washington “radical, vicious [and] racist”.Now that’s a major projection if I’ve ever heard one.
    Tayo Bero is a Guardian US contributing writer More

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    Trump seizes on likely indictment to pass begging bowl for 2024 campaign

    Donald Trump is attempting to capitalize on his anticipated arrest over hush money payments to an adult film star by bombarding supporters with fundraising emails to support his presidential election campaign.In a series of messages in recent days Trump and his acolytes have urged people to donate to the Trump Save America Joint Fundraising Committee, established to support Trump’s bid for president in 2024.The emails paint Trump as the victim of a political agenda of a varying cast of “globalist power brokers”, the “deep state” and “witch hunt-crazed radicals”. Each ends with a plea for donations, the language used changing slightly each time.“If this political persecution goes unchallenged, one day it won’t be me they’re targeting … It’ll be you,” said an email from Trump on Sunday.The fundraising attempt comes as a grand jury prepares to deliver a verdict on whether to indict Trump over his alleged role in a hush money payment to Stormy Daniels, who claims the pair slept together. Trump has denied they had sex.Over the weekend Trump claimed he would be arrested on Tuesday, but his representatives later said he was citing media reports and leaks, and had no information about a potential arraignment.The barrage of emails are often written in an urgent and pleading tone.“Please make a contribution to SAVE OUR COUNTRY now that the stakes have NEVER been higher.”It was accompanied by links to donate up to $250 to the Trump committee.They can also strike a tone of conspiracy theory.“These are truly dark times …” began an email sent by Trump on Monday. “The Deep State and George Soros’ globalist cabal of thugs think that by coming for me they can intimidate YOU out of voting for a president who will always put the PEOPLE first.“Please make a contribution of just $1 today to cement your place as a FOUNDING DEFENDER of our movement in what truly is the darkest chapter in our nation’s history.”Trump’s pleas for money could make sense given his relatively poor fundraising so far. Between 15 November 2022, when Trump announced his run for president, and 31 December 2022 Trump’s campaign said he had raised $9.5m, or $201,600 a day. The New York Times reported that the total paled in comparison to the amounts raised by previous presidential frontrunners like Jeb Bush and Hillary Clinton.In his 2016 campaign Bush, who entered the race as the favorite, raised an average of $762,000 a day after announcing his candidacy, the New York Times reported. Clinton averaged $594,400 a day following her 2016 announcement.On Tuesday, as barriers were placed around the Manhattan criminal courthouse in New York City, an email from Trump’s re-election campaign shared a photo of the scene in another fundraising email, asking supporters to: “Please make a contribution to stand with President Trump at this critical moment.”The email again contained links to donate to the Trump Save America Joint Fundraising Committee, Trump’s principal campaign arm. The committee had just $3.8m cash on hand at the end of 2022, according to its filings with the Federal Election Commission, despite having raised more than $151m over the previous two years.The committee spent $141m over that period, including a $1,696 payment to Trump Hotel Collection. It also spent thousands of dollars advertising on Facebook and Newsmax, the rightwing news channel which champions Trump on a near-daily basis, while book purchases accounted for a surprising amount of expenditure.In September 2022 the committee spent $157,977.50, across two purchases, on books from the Books a Million retailer alone. The Books a Million website lists several books authored by Trump as out of stock.The committee also bought $47,689.40 worth of books from Winning Team Publishing in May 2022. Donald Trump Jr, Trump’s son, is the co-founder of Winning Team Publishing, which, like Books a Million, is offering Trump’s upcoming book, Letters To Trump, for sale on its website. More

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    DeSantis hits Republican poll low as Trump tightens grip on primary

    Donald Trump may be in legal trouble over his alleged weakness for vice, but his predicament is increasingly placing Ron DeSantis – his chief rival for the Republican presidential nomination – in a political vise.The Florida governor must join Republican attacks on Alvin Bragg, the Democratic Manhattan district attorney whose indictment of Trump over a hush money payment to a porn star is reportedly imminent, while trying not to lose ground in a primary he has not formally entered.DeSantis has floated criticism of Trump over the hush money payment but on Tuesday a new poll showed how Trump, who is also fundraising off his legal peril, has tightened his grip on the primary race.The Morning Consult survey shows the former president has 54% support among likely primary voters and DeSantis has 26%, tying his lowest score since the poll began in December.The two men are still way ahead of the rest of the field. Trump’s former vice-president, Mike Pence, was third in the Morning Consult poll, with 7%, three points ahead of Nikki Haley, the former South Carolina governor.Liz Cheney, the former Wyoming representative who lost her seat after turning against Trump over the January 6 attack on Congress, and who has not ruled out a run, had 3% support. No one else, including likely candidates Mike Pompeo and Tim Scott, got more than a point.Like DeSantis, Pence has not declared a run but is seen to be positioning himself to do so. In a telling detail, Morning Consult noted that Pence’s favorability rating “declined from 60% to 55% during a week that featured news coverage of his condemnation of Trump’s behavior surrounding the January 6 attack”.Speaking to reporters in Florida on Monday, DeSantis was asked to comment on Trump’s looming indictment in the Stormy Daniels affair.Using a common rightwing attack line with antisemitic overtones, he condemned Bragg as a puppet of the progressive philanthropist George Soros.But DeSantis also took a shot at Trump, saying: “I don’t know what goes into paying hush money to a porn star to secure silence over some type of alleged affair. I just – I can’t speak to that.”Trump responded with typical aggression, recycling an attack line questioning DeSantis’s behaviour around young women when he was a teacher but also insinuating the governor might be gay.The following day, a close Trump ally warned of worse to come.“If you start this thing,” the South Carolina senator Lindsey Graham told Fox News, “you better be willing to take it. I don’t like it. You know, Trump is not into ‘Thou shall nots’. That’s not his thing.”DeSantis did not seem to listen, repeating his hush money jab to the British journalist Piers Morgan in an interview for Fox Nation excerpted in the New York Post.“There’s a lot of speculation about what [Trump’s] underlying conduct is,” DeSantis said. “[The payoff] is purported to be it and the reality is that’s just outside my wheelhouse. I mean that’s just not something that I can speak to.”Morgan wrote: “The message was clear: I’m nothing like Trump when it comes to sleazy behaviour.”DeSantis also said he would have handled Covid “different” to Trump, including firing the senior adviser Anthony Fauci and claimed that he governed without “daily drama”.He also called Trump’s attacks “background noise” and mocked the former president’s nicknames for him, saying: “I don’t know how to spell the [De]sanctimonious one. I don’t really know what it means, but I kinda like it, it’s long, it’s got a lot of vowels … you can call me whatever you want, just as long as you also call me a winner.”For leaders, DeSantis said, Americans “really want to look to people like our founding fathers, like what type of character … are you bringing?”Trump had switched from flattery to attacking him, DeSantis said, because “the major thing that’s happened that’s changed his tune was my re-election victory”.DeSantis beat the Democrat Charlie Crist by a landslide in November.Amid it all, the Morning Consult poll contained another worrying message for Republicans in general.According to the poll, if Trump were the nominee he would lose a head-to-head with Joe Biden by three points, 44% to 41%. If the Republican nominee were DeSantis, he would lose by one point less. More

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    Trump wants to be handcuffed for court appearance in Stormy Daniels case, sources say

    Donald Trump has told advisers that he wants to be handcuffed when he makes an appearance in court, if he is indicted by a Manhattan grand jury for his role in paying hush money to adult film star Stormy Daniels, multiple sources close to the former president have said.The former president has reasoned that since he would need to go to the courthouse and surrender himself to authorities for fingerprinting and a mug shot anyway, the sources said, he might as well turn everything into a “spectacle”.Trump’s increasing insistence that he wants to be handcuffed behind his back for a perp walk appears to come from various motivations, including that he wants to project defiance in the face of what he sees as an unfair prosecution and that it would galvanize his base for his 2024 presidential campaign.But above all, people close to Trump said, he was deeply anxious that any special arrangements – like making his first court appearance by video link or skulking into the courthouse – would make him look weak or like a loser.The recent discussions that Trump has had about his surrender with close advisers at Mar-a-Lago and elsewhere opens a window on to the former president’s unique fears and anxieties as the grand jury, which next convenes on Wednesday, appears on course to return an indictment.Trump’s legal team in the hush money case has recoiled at the idea of him going in person and recommended that Trump allow them to quietly turn himself in next week and schedule a remote appearance, even citing guidance from his Secret Service detail about potential security concerns.But Trump has rejected that approach and told various allies over the weekend that he didn’t care if someone shot him – he would become “a martyr”. He later added that if he got shot, he would probably win the presidency in 2024, the sources said.It remains uncertain when the Manhattan grand jury might return an indictment in the hush money case and make him the first US president, sitting or former, to face criminal charges.People close to Trump could not be sure how serious he is about being handcuffed for a perp walk, but he may be thwarted in his supposed ambitions if the district attorney, Alvin Bragg, decides against handcuffing him and refuses to allow him to be marched past the cameras.Trump’s advisers have also been unsure whether he actually grasps the enormity of what an indictment might mean for him legally, in part because he has appeared disconnected at times from the recent flurry of activity in New York as the investigation has wrapped up.In recent days, Trump has generally weighed his predicament only in between lunches and dinners at Mar-a-Lago and playing his usual rounds of golf at his resort in Palm Beach, the sources said.When he eventually gets settled on strategizing his response to the hush money case, the sources said, he has been more focused on how he can project an image of defiance against the prosecution and that he is unfazed by being slapped with criminal charges that could turn out to rise to a felony.The case centers on $130,000 that Trump paid to Daniels through his then-lawyer Michael Cohen in the final days of the 2016 campaign. Trump later reimbursed Cohen with $35,000 checks using his personal funds, which were recorded as legal expenses to Cohen.It remains unclear what charges the district attorney might seek against Trump, though some members of his legal team believe the most likely scenario involves a base charge of falsifying business records coupled with potential tax fraud because Trump would not have paid tax on the payments.Trump has also been fixated on how an indictment might be a boon for his 2024 presidential campaign, betting that it would enrage his Maga base and force the rest of the Republican party to fall in line to defend him, in what he has already characterised as a politically motivated prosecution.In the past, publicity over political and criminal investigations have benefited Trump’s fundraising, and forced Republican rivals to stumble between criticizing prosecutors and defending otherwise politically indefensible allegations.Whether an indictment benefits Trump for the 2024 campaign remains to be seen given his grievance-driven campaigns have faltered in recent election cycles, with independent voters, in particular, seemingly exhausted by his constant refrains surrounding “witch-hunt” investigations. More