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    Fox and Dominion settle for US$787.5m in defamation lawsuit over election lies

    Fox and the voting equipment company Dominion reached a $787.5m settlement in a closely watched defamation lawsuit, ending a dispute over whether the network and its parent company knowingly broadcast false and outlandish allegations that Dominion was involved in a plot to steal the 2020 election.The settlement came before scheduled opening statements and after an unexpected lengthy delay Tuesday afternoon just after the jury was sworn in. Neither party immediately disclosed the terms of the settlement other than the dollar amount, and attorneys for Dominion declined to answer questions about whether it requires Fox to issue a retraction or a formal apology.“The parties have resolved their case,” judge Eric Davis told jurors on Tuesday afternoon before excusing them from the courtroom.In a press conference outside the courthouse, Dominion attorney Justin Nelson said the more than $787m represented “vindication and accountability”. The settlement amount is less than half of the $1.6bn Dominion demanded in its lawsuit.“Truth matters,” he said. “Lies have consequences. The truth does not know red or blue,” he continued. “People across the political spectrum can and should disagree on issues, even of the most profound importance. But for our democracy to endure another 250 years and hopefully much longer, we must share a commitment to facts.”In a statement, Fox said the settlement reflects its “continued commitment to the highest journalistic standards”.“We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues,” the statement said.Opening statements were scheduled to start on Tuesday after a lunch break, but the judge and jurors did not return to the room until close to 4pm. During the more than two-hour delay, attorneys huddled and left the courtroom to convene in adjacent meeting rooms.After returning to the courtroom, Davis thanked the jurors for their service, and called the efforts by the lawyers on both sides “the best lawyering I’ve had, ever” in his career on the bench since 2010.The anticipated six-week jury trial was originally set to begin on Monday, but Davis, the judge overseeing the case, postponed the start of trial by a day as the sides worked to reach a settlement agreement.The trial in Wilmington, Delaware, was set to be a blockbuster media trial. Rupert Murdoch, the 92-year-old chief executive of Fox, was called to testify in the case, along with top Fox talent including Tucker Carlson, Sean Hannity, Jeanine Pirro and Maria Bartiromo.The lawsuit was seen as one of the most aggressive efforts to hold Fox, or any actor, accountable for spreading the lie that the 2020 election was stolen. It was a lie that led to threats against election officials across the country, and ultimately helped fuel the violent attack on the US Capitol on 6 January. Nine deaths have been linked to the event.Though the case was settled, Dominion had unearthed a stunning trove of internal communications from Fox laying bare how top talent and hosts knew the outlandish claims about Dominion and a stolen election were false. The extensive messages offered a remarkable insight into how some of the most powerful hosts in America did not buy the allegations they were broadcasting to their audience each night.Dominion, a relatively obscure company until the 2020 election, sought $1.6bn in damages in the case. It challenged repeated claims made on Fox’s air after the general election that Dominion switched votes, paid government kickbacks, and was founded in Venezuela to rig elections for Hugo Chávez.In the press conference Tuesday, Dominion CEO John Poulos called the settlement historic because of Fox’s admission that it was telling ties.“Throughout this process, we have sought accountability,” he said. “We believe the evidence brought to light through this case underscores the consequences of spreading lies. Truthful reporting in the media is essential to our democracy.”Even before trial, Davis had already concluded that Fox’s claims about Dominion were false. “The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true,” he wrote in a ruling earlier this month.The question that would have been before the jury was whether Fox committed “actual malice” in airing the claims. That required Dominion to show whether key decision makers were aware the claims were false or acted with reckless disregard for the truth.Fox still faces several legal battles related to its decision to broadcast false claims. Smartmatic, another voting equipment company, is suing the company for $2.7bn. Abby Grossberg, a former Fox employee who worked for Bartiromo and Carlson, is also suing the company, alleging she was coerced into giving misleading testimony.The network also faces a separate lawsuit from a shareholder who is seeking damages and argues that executives breached their fiduciary duty to the company by causing false claims about the election to be broadcast.During the press conference, Stephen Shackelford, an attorney who was set to give opening arguments for Dominion on Tuesday, said that the company will continue seeking accountability.“Money is accountability,” he said. “We got that today from Fox. But we’re not done yet. We’ve got some other people who have some accountability coming for them.” More

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    Rupert Murdoch took direct role in Fox News 2020 election call, filings reveal

    Rupert Murdoch took a direct role in how Fox News finally called the 2020 US election for Joe Biden over Donald Trump, newly unredacted messages in Dominion Voting Systems’ $1.6bn defamation case showed on Friday.“It would be great if we call it for Biden as soon as he gets over, say, 35,000 ahead in Pennsylvania,” Murdoch, the now 92-year-old Fox News owner, wrote to the network’s chief executive, Suzanne Scott, on 6 November 2020, three days after election day but a day before Pennsylvania put Biden over the top.“Whenever we do it, it will all be over. Regardless of Arizona.”Fox News’ election night call of Arizona for Biden took most observers by surprise and enraged Trump and his followers.Trump’s attempts to have the call rescinded are well documented. The author Michael Wolff, for one, reported that when told of the outgoing president’s fury over Arizona, Murdoch responded with a “signature grunt” and said: “Fuck him.”Fox News denies that. But Trump’s son-in-law, Jared Kushner, wrote in his memoir that Murdoch told him on election night that “the numbers are ironclad – it’s not even close”.In his emails to Scott revealed on Friday, however, Murdoch pointed to Trump’s commitment to his lie about large-scale electoral fraud and Fox News’ accommodation of it when he said that on “second thoughts” the network should “maybe” call the election when Biden was up by “50,000 in Pennsylvania” but also say the call was “subject to litigation”.Fox in the end called Pennsylvania for Biden 10 minutes after other networks, when he was a little under 35,000 votes ahead of Trump in the state.The anchor Martha MacCallum told viewers: “Keep in mind the Trump campaign is in the midst of waging legal challenges in several states. But the path is clear for the new president-elect.”In emails to Scott, Murdoch also said the Fox News contributor and Wall Street Journal editor Paul Gigot thought such a call “won’t change Trump”.“But he’s got to get some real evidence,” Murdoch wrote, adding: “Fact that Rudy is advising really bad!”Rudy Giuliani, the former New York mayor who became Trump’s personal lawyer, pushed the outlandish claims of voter fraud at the heart of Dominion’s case.Dominion must prove Fox News hosts and executives broadcast such claims while knowing they were untrue. Filings have shown how hosts including the primetime stars Tucker Carlson, Sean Hannity and Laura Ingraham bemoaned Trump’s lie as their network continued to broadcast it.In the filings released on Friday, a top producer for Jeanine Pirro’s show of 21 November 2020 told a senior executive: “She is refusing to drastically change the opening despite the fact-check.”The executive replied: “Understood.”In that opening, Pirro complained about Democrats’ handling of the investigation of Russian election interference in 2016 and said: “Never, ever, not once did we see a scintilla of evidence. Never.”She then described the Dominion conspiracy theory, involving Venezuelan influence and Cuban money, which she nonetheless called “serious allegations” based on “sworn statements of factual allegations”. Giuliani, she said, had “made clear that Democrat cities were targeted by crooked Democrats who stole votes”.The filings on Friday also contained more evidence that Fox executives worried their core audience, refusing to believe Trump lost and attracted by such claims of fraud, would desert the network.In an email on 11 November, Scott told producers there was “intense anger over our AZ call” among Fox News viewers.“A trust has been broken,” she wrote, “and it’s our jobs to help them through this to the other side with strong reporting, investigative pieces and certainly speaking to the audience with respect is critical.”On 13 November, Fox Corporation senior vice-president Raj Shah wrote in a memo to Lachlan Murdoch, Rupert Murdoch’s son: “Fox News is facing a brand crisis, with viewers upset and online activists in open revolt of Fox’s handling of election night coverage last week and certain programming decisions since.”He added: “This will not simply fade on its own for weeks or months and poses lasting damage to the Fox News brand unless effectively addressed soon.”Fox News contends that Dominion is using “cherrypicked quotes without context to generate headlines”, and that it broadcast newsworthy allegations reasonable viewers would have understood were not factual statements.Claiming “the foundational right to a free press is at stake”, Fox says it “will continue to fiercely advocate for the first amendment in protecting the role of news organisations to cover the news”. More

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    Angry Fox News chief said fact-checks of Trump’s election lies ‘bad for business’

    The top executive at Fox News was furious one of the network’s reporters was fact-checking Donald Trump’s false claims about the 2020 election, writing in a December 2020 email that it was “bad for business”.Suzanne Scott, the chief executive of Fox News, was responding in early December 2020 to an on-air fact-check by Eric Shawn, one of the network’s anchors. “This has to stop now,” she wrote to Meade Cooper, another Fox executive. “This is bad business and there clearly is a lack of understanding [sic] what is happening in these shows. The audience is furious and we are just feeding them material. Bad for business.”Scott also asked other Fox employees to alert her if the network booked Mike Pompeo, the former secretary of state, or Mike Lindell, a serial promoter of election misinformation. “They would both get ratings,” she said.The message is part of a tranche of internal communications obtained by the voting equipment company Dominion in its $1.6bn defamation lawsuit against Fox. Dominion displayed a copy of the message a court hearing last week as its lawyers argued that Fox knowingly aired false statements about Dominion because it was concerned about losing viewers to rival networks such as Newsmax and One America News (OAN). The Guardian obtained a copy of the message and the slideshow that was presented in court.Weeks earlier, on 19 November, Scott also complained about a different fact-check on air. “I can’t keep defending these reporters who don’t understand our viewers and how to handle stories,” she wrote.“The audience feels like we crapped on [sic] and we have damaged their trust and belief in us,” she wrote, adding that Fox nation had lost 25,000 subscribers. “We can fix this but we cannot smirk at our viewers any longer.”The reporter who did the fact-check, Kristin Fisher, later said she felt she was punished for telling the truth, NPR reported.Fox says it was reporting on newsworthy allegations by the former president and his lawyers, and that its viewers would not have understood its broadcasts about Dominion to be statements of fact. It also says top executives at the company and others who expressed concern about the accuracy of its statements about Dominion were not directly involved in determining what went into each show.Dominion’s slideshow also included messages from Fox News host Maria Bartiromo, whose show was a hotbed for false claims about the election. In one message, Bartiromo appeared to be aware that Sidney Powell, one of Donald Trump’s lawyers, would come on her show the next day to make specious claims about Dominion software switching votes, saying: “OK, Sidney will say it tomorrow.” In notes to herself, Bartiromo noted that Powell was being shut out from meetings with Jared Kushner at the White House because he did not want to hear about “conspiracy theories”.Dominion also revealed a key 13 November 2020 internal fact-check from Fox from a team known as the “brain room” that debunked false claims about Dominion. Even though executives testified that claims debunked by the brain room should not have been aired, Fox continued to make false claims about Dominion after the fact-check.The documents also show internal concern about statements being made by Jeanine Pirro, another host who aired false Dominion claims. In one message, fact-checkers went over a script for one of her shows and highlighted inaccurate statements about Dominion. “The brain room is going through this now. Jeanine dictated it to Tim. It’s rife with conspiracies and BS and yet another example of why this woman should never be on live television,” Jerry Andrews, a Fox executive, wrote in an email.Jury selection in the trial is scheduled to begin on 13 April in Wilmington, Delaware. The trial is scheduled to begin 17 April and last six weeks. More

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    With $1.6bn at stake, Fox News is suddenly interested in freedom of the press | Margaret Sullivan

    As it tries to defend itself against the accusation that it knowingly spread lies about the 2020 presidential election, Fox News has touted some lofty notions about the role of journalism in a democratic society.“There will be a lot of noise and confusion generated by Dominion and their opportunistic private equity owners,” said a recent company statement, “but the core of this case remains about freedom of the press and freedom of speech, which are fundamental rights afforded by the Constitution and protected by New York Times v Sullivan.”The background, of course, is that Dominion Voting Systems is seeking $1.6bn in damages from the media giant, arguing that Fox News spread damaging falsehoods purporting that the voting machine company rigged the election to defeat Donald Trump. Dominion intends to show that network representatives at the highest levels – right up to Fox News’s founder, Rupert Murdoch – knew that this was utter nonsense, that the election was valid, and that their primary concern was not truth-telling but appeasing their disappointed pro-Trump audience.Don’t get me wrong. I believe press rights belong to a wide spectrum of media organizations, whatever their political leanings.But Fox’s reliance on first amendment protections – while part of a legal strategy that may prove successful in court – is the height of hypocrisy. America’s founders believed it was essential that American citizens be well-informed about the behavior of public officials and other powerful entities, and thus be capable of self-governance.The recent revelations from court filings, however, make it clear that such a noble mission was far from top of mind at Fox, not just in the aftermath of the 2020 election but going back years.Take, for example, one of the network’s biggest stars, Sean Hannity, who ventured far outside the bounds of journalistic norms when he appeared with Trump at a 2018 campaign rally. (Fox brass, normally tolerant of their stars’ excesses, went so far as to reprimand him.)Hannity, who has stated that he’s not a journalist, has played the role of a Trump insider – even an informal adviser to Republican officials. Recall his January 2021 text message to former chief of staff Mark Meadows and Republican congressman Jim Jordan: “Guys, we have a clear path to land the plane in 9 days,” apparently referring to persuading Trump to conclude his presidency peacefully before inauguration day.“When Hannity advised the president about the ongoing insurrection he did not do so as a journalist but as an ally, a confederate, a teammate, rather than an umpire or observer,” the famed first amendment lawyer Floyd Abrams told me last year, characterizing this as “non-journalistic behavior, in fact almost the precise opposite of journalistic behavior”.And given Fox’s clear reliance on the landmark press-rights case Times v Sullivan, why haven’t its journalists grilled their new heartthrob, the Florida governor, Ron DeSantis, about his newsworthy desire to weaken the journalistic protection it provides?DeSantis wants the courts to revisit Times v Sullivan, but somehow this doesn’t get the attention of Fox News interviewers. His alarming views on that landmark decision, which established a higher bar for defamation lawsuits involving public figures, haven’t provoked a single challenge in his 12 Fox appearances this year, according to a Media Matters for America database.Initially, Fox even forbade its own Howard Kurtz, who hosts a weekly show on the news media, from covering the Dominion case. After Kurtz, to his credit, publicly expressed his disagreement with that prohibition, and after plenty of outside criticism followed, the bosses relented long enough last weekend to let him discuss the case and call it a test of the first amendment.Meanwhile, Fox hosts for years have urged their grievance-hungry audience to despise journalists. (Granted, over the years, Fox has sometimes filed “friend of the court” briefs in support of other media outlets.)Rants against the media are a mainstay for personalities like Laura Ingraham, who drops disparaging phrases like “leftwing media hacks” and “regime media” into her segments.But it took Tucker Carlson – the very face of Fox News – to go further in a 2021 interview, calling mainstream journalists “cringing animals not worthy of respect”.“It just makes me sick. I really hate them,” said Carlson, who more recently has been busy portraying the violent insurrection on 6 January 2021 as a largely peaceful protest or even a friendly tourist visit.Yet somehow, when it comes time to defend the network’s profit-driven willingness to circulate lies, Fox News is eager to claim solidarity with those supposedly despicable cowards. Now, you see, it’s all about journalists standing together, arm-in-arm, on the very underpinnings of American democracy.I’m all for press rights and for applying them broadly. But somehow, I don’t think this was what the founders had in mind.Fox News doesn’t deserve the second word in its name.
    Margaret Sullivan is a Guardian US columnist writing on media, politics and culture More

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    Fox News reportedly imposes ‘soft ban’ on Donald Trump

    Fox News reportedly imposes ‘soft ban’ on Donald TrumpThe former president has not made a weekday showing on the channel since appearing on Sean Hannity’s show in SeptemberFox News has imposed a “soft ban” on Donald Trump appearing on the channel, his inner circle is reportedly complaining, even as the broadcaster extends a warm invitation to other Republican hopefuls in next year’s presidential election.Trump not entitled to immunity from civil suits over Capitol attack, says DoJRead moreThe news startup Semafor reports that the cooling of relations between the former president and his once-beloved cable news channel has gone so far that a “soft ban” or “silent ban” is now holding Trump at arm’s length. The former US president has not made a weekday showing on Fox News since he chatted with his closest friend among the network’s star hosts, Sean Hannity, in September.Meanwhile, Trump’s rivals for the 2024 Republican presidential nomination are currently frequent guests on Fox. Media Matters for America, a watchdog that keeps a close eye on the network’s output, has counted seven weekday appearances by the former governor of South Carolina Nikki Haley since she launched her presidential bid last month.Even the lesser known right-wing activist and entrepreneur Vivek Ramaswamy, who threw his hat into the ring last week, has appeared four times on Fox. Florida’s rightwing governor, Ron DeSantis, who is widely expected to compete with Trump though he has yet to declare, is also repeatedly seen on the network.Semafor said it based its story on information supplied by four members of Trump’s circle. It quoted an unnamed individual “close to Trump” saying: “Everyone knows that there’s this ‘soft ban’ or ‘silent ban’. It’s certainly – however you want to say, quiet ban, soft ban, whatever it is – indicative of how the Murdochs feel about Trump in this particular moment.”The Guardian asked Fox News to confirm or deny the existence of such a ban, but did not immediately receive a reply.The undeniable tailing off of Trump’s exposure on Fox comes at a tense moment for the network, which is battling a $1.6bn lawsuit from the voting machines company Dominion. The suit claims that Fox News Network, with the complicit approval of its parent company Fox Corp, allowed wild defamatory conspiracy theories to proliferate on its platform, falsely accusing Dominion machines of stealing the 2020 presidential election from Trump by flipping votes from him to Joe Biden.In excerpts of a deposition given in the case by Rupert Murdoch in January, the owner and chair of Fox Corp admitted that he knew that several Fox hosts were endorsing lies about the election being stolen from Trump yet he chose not to stop them. Legal and media experts have suggested that the admission places Murdoch’s empire in considerable legal and financial peril.During Trump’s rise to the White House in 2015-16, and his ensuing years in office, he was virtually inseparable from Fox News. He regularly made impromptu calls into his favourite shows, and in the single year 2019 posted 657 tweets responding to content aired by the channel or its sister outlet Fox Business.In the immediate aftermath of Trump’s defeat in the November 2020 election, Fox hosts were permitted to continue broadcasting lies about massive voter fraud. But since the stolen election campaign reached its nadir on 6 January 2021, with the insurrection at the US Capitol, followed later that year by the lodging of lawsuits by Dominion and another voting machine company, Fox has gradually backed away.In turn, Trump has increasingly vented his anger towards his former media friend. This week he posted a rant on his social media platform Truth Social in which he accused Murdoch himself of peddling “fake news” after the Fox chief was revealed to have said in a deposition that he did not believe the stolen election lie from the beginning.“If Rupert Murdoch honestly believes that the presidential election of 2020, despite massive amounts of proof to the contrary, was not rigged & stolen, then he & his group of Maga hating globalist Rinos [Republicans in name only] should get out of the news business as soon as possible,” Trump said.There is no evidence that the election was rigged, as numerous top officials, including Trump’s own former US attorney general Bill Barr, have attested.TopicsDonald TrumpRupert MurdochFox NewsFoxUS politicsnewsReuse this content More

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    Scandal grips this year’s CPAC event: Politics Weekly America podcast

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    Jonathan Freedland and Tara Setmayer discuss why some high profile Republicans – and even Fox News – are avoiding this year’s gathering at the Conservative Political Action Conference

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    Archive: CNN, MSNBC, News Nation, CSPAN, AP Listen to Today in Focus episode on what happened in East Palestine, Ohio. Send your questions and feedback to podcasts@theguardian.com. Help support the Guardian by going to theguardian.com/supportpodcasts. More