Suits and Litigation (Civil)

Subterms

    More stories

    • 88 Shares129 Views

      in Elections

      Defamation Suit Against Fox Grows More Contentious

      by

      Lachlan Murdoch is set to be deposed on Monday, the latest in a flurry of activity in the high-stakes case.Lachlan Murdoch, the chief executive of the Fox Corporation, is expected to be deposed on Monday as part of a $1.6 billion defamation lawsuit against Fox News for amplifying bogus claims that rigged machines from Dominion Voting Systems were responsible for Donald J. Trump’s defeat in 2020.Mr. Murdoch will be the most senior corporate figure within the Fox media empire to face questions under oath in the case so far. And his appearance before Dominion’s lawyers is a sign of how unexpectedly far and fast the lawsuit has progressed in recent weeks — and how contentious it has become.Fox and Dominion have gone back and forth in Delaware state court since the summer in an escalating dispute over witnesses, evidence and testimony. The arguments point to the high stakes of the case, which will render a judgment on whether the most powerful conservative media outlet in the country intentionally misled its audience and helped seed one of the most pervasive lies in American politics.Although the law leans in the media’s favor in defamation cases, Dominion has what independent observers have said is an unusually strong case. Day after day, Fox hosts and guests repeated untrue stories about Dominion’s ties to communist regimes and far-fetched theories about how its software enabled enemies of the former president to steal his votes.“This is a very different kind of case,” said David A. Logan, dean of the Roger Williams School of Law, who has argued in favor of loosening some libel laws. “Rarely do cases turn on a weekslong pattern of inflammatory, provably false, but also oddly inconsistent statements.”Dominion, in its quest to obtain the private communications of as many low-, mid- and high-level Fox personnel as possible, hopes to prove that people inside the network knew they were disseminating lies. Fox hopes to be able sow doubt about that by showing how its hosts pressed Trump allies for evidence they never produced and that Dominion machines were vulnerable to hacking, even if no hacking took place.The judge, Eric M. Davis, has ruled in most instances in Dominion’s favor, allowing the voting company to expand the pool of potential evidence it can present to a jury to include text messages from the personal phones of Fox employees and the employment contracts of star hosts such as Sean Hannity and Tucker Carlson, along with those of Suzanne Scott, the chief executive of Fox News Media, and her top corporate managers.More on Fox NewsDefamation Case: ​​Some of the biggest names at Fox News are being questioned in the $1.6 billion lawsuit filed by Dominion Voting Systems against the network. The suit could be one of the most consequential First Amendment cases in a generation.Exploring a Merger: Fox and News Corp, the two sides of Rupert Murdoch’s media business, are weighing a proposal that could put Fox News, The Wall Street Journal and the Fox broadcasting network under the same corporate umbrella.‘American Nationalist’: Tucker Carlson stoked white fear to conquer cable news. In the process, the TV host transformed Fox News and became former President Donald J. Trump’s heir.Empire of Influence: ​​A Times investigation looked at how the Murdochs, the family behind a global media empire that includes Fox News, have destabilized democracy on three continents.Dominion has conducted dozens of depositions with current and former network personalities, producers, business managers and executives. The people questioned come from the rungs of middle management at Fox News headquarters in Manhattan to the corner office in Century City, Los Angeles, where Mr. Murdoch oversees the Fox Corporation and its sprawling enterprise of conservative media outlets.The fight over depositions has intensified in recent weeks as lawyers for the two companies sparred over whether Mr. Hannity and another pro-Trump host, Jeanine Pirro, should have to sit for a second round of questioning about messages that Dominion obtained from their phones as part of the discovery process. Fox lawyers have argued that the hosts should not be compelled to testify again, citing the legal protections that journalists have against being forced to reveal confidential sources.The judge ruled that Dominion’s lawyers could question both Mr. Hannity and Ms. Pirro again but limited the scope of what they could ask. Ms. Pirro’s second deposition was late last month; Mr. Hannity’s has yet to be scheduled.Fox has accused Dominion in court filings of making “escalating demands” for documents that are voluminous in quantity, saying it would have to hire a second litigation team to accommodate such a “crushing burden.” (The judge has largely disagreed.)In a sign of the simmering tensions between the two sides, Fox lawyers have asked the court to impose tens of thousands of dollars in sanctions against Dominion. Fox has accused the voting machine company’s chief executive, John Poulos, and other senior company officials of failing to preserve their emails and text messages, as parties to a lawsuit are required to do with potentially relevant evidence.After Dominion filed its lawsuit in March 2021 — claiming that Fox’s coverage of its machines not only cost it hundreds of millions of dollars in business but “harmed the idea of credible elections” — many media law experts assumed this case would end like many other high-profile defamation case against a news organization: with a settlement.Fox News has a history of settling sensitive lawsuits before they reach a jury. In the last several years alone, it has paid tens of millions of dollars in claims: to women who reported sexual harassment by its former chief executive, Roger Ailes, and by prominent hosts including Bill O’Reilly; as well as to the family of Seth Rich, a former Democratic Party staff member who was killed in a robbery that some conservatives tried to link to an anti-Clinton conspiracy theory.But a settlement with Dominion appears to be a remote possibility at this point. Fox has said that the broad protections provided to the media under the First Amendment shield it from liability. The network says it was merely reporting on Mr. Trump’s accusations, which are protected speech even if the president is lying. Dominion’s complaint outlines examples in which Fox hosts did more than just report those false claims, they endorsed them.“This does not appear to be a case that’s going to settle — but anything can happen,” said Dan K. Webb, a noted trial lawyer who is representing Fox in the dispute. “There are some very fundamental First Amendment issues here, and those haven’t changed.”In a statement, Dominion said the company was confident its case would show that Fox knew it was spreading lies “from the highest levels down.”“Instead of acting responsibly and showing remorse, Fox instead has doubled down,” the statement said. “We’re focused on holding Fox accountable and are confident the truth will ultimately prevail.”The judge has set a trial date for April of next year. A separate defamation suit against Fox by the voting company Smartmatic is not scheduled to be ready for trial until the summer of 2024.Part of the reason Fox executives and its lawyers believe they can prevail is the high burden of proof Dominion must reach to convince a jury that the network’s coverage of the 2020 election defamed it. Under the law, a jury has to conclude that Fox acted with “actual malice,” meaning that people inside the network knew that what they were reporting was false but did so anyway, or that they recklessly disregarded information showing what they were reporting was wrong.That is what Dominion hopes to show the jury with the private messages it obtained from a several-week period after the election from Fox employees at all levels of the company. Very little is known publicly about what those messages could contain.In addition to arguing that its coverage of Dominion was protected as free speech, Fox argues it was merely covering statements from newsmakers. “There is nothing more newsworthy than covering the president of the United States and his lawyers making allegations of voter fraud,” a spokeswoman said.Fox’s lawyers are also planning lines of defense that they hope will dent Dominion’s credibility, even if that means leaning into some of the conspiracy theories that are at the heart of Dominion’s case. They may argue, for example, that it was plausible that the machines had been hacked, pointing to questions that were raised by at least one independent expert about whether the software was secure.As part of their fact-finding, Fox lawyers sought information from a University of Michigan computer scientist who wrote a report this year saying there were vulnerabilities in Dominion’s system that could be exploited, even though there is no evidence of any such breach.Mr. Webb said the intent would be to show that the fraud allegations “were not made up out of whole cloth.” But it was not his plan, he said, to pretend that Mr. Trump’s voter fraud falsehoods — which were the same as many of the falsehoods uttered on the air at Fox — were true. “The president’s allegations were not correct,” Mr. Webb said. He added that he planned “to show the jury that those security concerns were there and were real and added plausibility to the president’s allegations.”After Mr. Murdoch’s deposition on Monday, lawyers on both sides of the case said they expected one additional senior executive to be questioned by Dominion’s lawyers: Rupert Murdoch, chairman of the Fox Corporation, who founded Fox News with Mr. Ailes more than 25 years ago. More

    • 138 Shares159 Views

      in Elections

      G.O.P. Candidate in Arizona’s Attorney General Race Sues Over Election Results

      by

      The candidate, Abe Hamadeh, alleged that local and state officials had mismanaged the Nov. 8 election.Abe Hamadeh, the Arizona Republican locked in a tight race to become the state’s next attorney general, filed a lawsuit on Tuesday contesting the preliminary results of an election that had already been headed to an automatic recount.The state’s final tally from the Nov. 8 election, which was set to be certified by counties by next week, has Mr. Hamadeh just 510 votes behind the Democratic candidate, Kris Mayes — 1,254,102 for Mr. Hamadeh and 1,254,612 for Ms. Mayes. That difference was within the margin needed to force an automatic recount under state law.Mr. Hamadeh’s lawsuit, filed in State Superior Court in Maricopa County, names as defendants Arizona’s secretary of state — Katie Hobbs, a Democrat who won the governor’s race — as well as the county recorders and boards of supervisors in the state’s 15 counties. The Republican National Committee joined Mr. Hamadeh in the suit as a plaintiff.Mr. Hamadeh and the R.N.C., in their complaint, ask the court to issue an injunction prohibiting the secretary of state from certifying Ms. Mayes as the winner and an order declaring Mr. Hamadeh the winner. The suit argues that equipment failures and errors in the management of polling places and in ballot tabulation led to an incorrect final vote count. It says there was no “fraud, manipulation or other intentional wrongdoing,” but it claims there were mistakes that affected the final tally, given the contest’s narrow margin.The suit asks the court to allow additional votes to be counted, including 146 provisional ballots and 273 mail-in ballots that were segregated because the election system showed they came from voters who had already cast in-person ballots. It does not seek a rerun of the election, though it does claim that Mr. Hamadeh should be declared the winner. By state law, Arizona’s secretary of state is required to certify the results of the election by Dec. 5.The Aftermath of the 2022 Midterm ElectionsCard 1 of 6A moment of reflection. More

    • 100 Shares199 Views

      in Elections

      L.A. Drops Criminal Charges Against Election Software Executive

      by

      Before the arrest of its founder and chief executive, Eugene Yu, Konnech repeatedly denied keeping data outside the United States, including in statements to The New York Times.Emily Elconin for The New York TimesLos Angeles County dropped criminal charges against the top executive of an elections technology company on Wednesday, bringing to an abrupt end an unusual case that became the focus of Americans who distrust the country’s electoral system.The district attorney’s office said in a statement that it had dropped the case against the executive, Eugene Yu, because of concerns about the “pace of the investigation” and the “potential bias in the presentation” of evidence in the case. The office said the county had assembled a new team to “determine whether any criminal activity occurred.”The prosecutors did not respond to questions about the decision.“Mr. Yu is an innocent man,” Gary Lincenberg, Mr. Yu’s lawyer, said in a statement, adding that “conspiracy theorists” were using the arrest to “further their political agenda.”Last month, Los Angeles prosecutors accused Mr. Yu, the chief executive of Konnech, a small election software company in Michigan, of storing data about poll workers on servers in China, a breach of the company’s contract with the county. The charges related only to poll worker data and had no impact on votes or election results.Mr. Yu, 64, has repeatedly denied sending data to China. The New York Times published an article about the claims and his denials as a part of its coverage of misinformation and elections. Los Angeles prosecutors arrested Mr. Yu the day after the article was published.The abrupt dismissal left several unanswered questions about the case and Mr. Yu’s suspected activities. The district attorney’s office did not clarify whether the company had, in fact, stored data in China. It was also not clear whether additional criminal or civil charges could be filed against Mr. Yu or Konnech from Los Angeles County or dozens of other counties that use Konnech’s election management software.Konnech has about 20 employees in the United States and about 20 customers. It plays no role in the tabulation or counting of votes in American elections. But some election deniers have suggested that Konnech gave the Chinese government a back door to manipulate America’s election process.True the Vote, an organization that claims to be devoted to uncovering election fraud, said at a conference this summer that its team had found and downloaded Konnech’s poll worker data from servers in China. It provided no evidence that it had downloaded the data, but said it had delivered a hard drive to the Federal Bureau of Investigation.Konnech sued True the Vote, along with Catherine Engelbrecht, its founder, and Gregg Phillips, an election denier and longtime associate of the group, accusing them of defamation and hacking. The pair were briefly jailed last week after refusing to release the name of a person involved in the suspected hack of Konnech’s data.In an earlier court filing, Mr. Phillips said he had spoken with the grand jury in Los Angeles County that eventually indicted Mr. Yu. More

    • 100 Shares99 Views

      in Elections

      Justice Dept. Questions Drop Box Monitoring in Arizona

      by

      The Justice Department has weighed in on the debate over election activists who have been stationing themselves — at times with guns — near ballot boxes in Arizona, saying that their activity may not be constitutionally protected if it has the potential to intimidate voters.“The First Amendment does not protect individuals’ right to assemble to engage in voter intimidation or coercion,” Kristen Clarke, the assistant attorney general for civil rights, wrote in a brief filed on Monday in U.S. District Court in Phoenix. “Nor does it transform an unlawful activity for one individual — voter intimidation — into a permissible activity simply because multiple individuals have assembled to engage in it.”The filing was made in a case that the League of Women Voters of Arizona brought last week against two groups that have been organizing ballot box monitoring, the Lions of Liberty and Clean Elections USA, as well as some of their principals. On Friday, the plaintiff asked the court for an injunction against those groups to stop the activity. That petition is still pending.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.A Pivotal Test in Pennsylvania: A battle for blue-collar white voters is raging in President Biden’s birthplace, where Democrats have the furthest to fall and the most to gain.Governor’s Races: Democrats and Republicans are heading into the final stretch of more than a dozen competitive contests for governor. Some battleground races could also determine who controls the Senate.Biden’s Agenda at Risk: If Republicans capture one or both chambers of Congress, the president’s opportunities on several issues will shrink. Here are some major areas where the two sides would clash.Ohio Senate Race: Polls show Representative Tim Ryan competing within the margin of error against his G.O.P. opponent, J.D. Vance. Mr. Ryan said the race would be “the upset of the night,” but there is still a cold reality tilting against Democrats.The judge overseeing the case, Michael T. Liburdi, on Friday refused to issue an injunction in a parallel lawsuit against Clean Elections USA, claiming that the Constitution protected the activities of citizens who wish to gather near ballot boxes.The Justice Department’s intervention represents a rebuke to that ruling by Judge Liburdi, a longtime member of the Federalist Society who was appointed in 2019 by President Donald J. Trump.The Justice Department’s brief addresses numerous points made by the judge, including the idea that taking pictures of voters and their car license plates is equivalent to filming police officers in the line of duty. The brief also draws comparisons to numerous past instances of apparent attempts to intimidate or deter voters. In one example from 2004, involving operatives in South Dakota who followed Native American voters and recorded their license plate numbers, a federal judge issued an injunction.The Ninth Circuit Court of Appeals is weighing an emergency appeal to Judge Liburdi’s ruling filed by the plaintiffs in that case, the Arizona Alliance for Retired Americans and Voto Latino, on Saturday; a lawyer for Clean Elections USA said the group was rushing to file a response later on Monday.And in a hearing on Monday on the League of Women Voters’ case, Judge Liburdi dismissed the Lions of Liberty and its parent organization, the Yavapai County Preparedness Team, from the suit after its leaders pledged in court not to engage in any more election monitoring activities. “We are standing down,” a board member, Jim Arroyo, told the judge. An evidentiary hearing on the injunction petition is scheduled for midday on Tuesday.The founder of Clean Elections USA, Melody Jennings, has not appeared in court. In a Saturday appearance on “War Room,” a podcast hosted by the former Trump adviser Stephen K. Bannon, she said that her group was changing its name to the Drop Box Initiative in Arizona, but would retain the Clean Elections USA moniker in the rest of the country.“We are going to rebrand a little bit,” Ms. Jennings said, adding that while she was still looking for volunteers in most places, “I don’t need any more people in Arizona, honestly.”In a second “War Room” interview, on Monday, she asked listeners to consider donating money to True the Vote, a right-wing group focused on voter fraud, to support her legal defense. More

    • 113 Shares129 Views

      in Elections

      How Trump Could Resist the Jan. 6 Panel’s Subpoena

      by

      If the ex-president turns down the drama of testifying, his legal team could mount several constitutional and procedural arguments in court.WASHINGTON — If former President Donald J. Trump decides to fight the subpoena issued to him on Friday by the House committee investigating his attempts to overturn the 2020 election, his lawyers are likely to muster a battery of constitutional and procedural arguments for why a court should allow him not to testify.In the most basic sense, any legal arguments seeking to get Mr. Trump off the hook would merely need to be weighty enough to produce two and a half months of litigation. If Republicans pick up enough seats in the midterm elections to take over the House in January, as polls suggest is likely, they are virtually certain to shut down the Jan. 6 committee, a move that would invalidate the subpoena.The issues raised by the extraordinary subpoena, which the panel announced at a hearing last week, are too complex to be definitively resolved before a potential change of power in the House, said Mark J. Rozell, a George Mason University professor and author of “Executive Privilege: Presidential Power, Secrecy and Accountability.”“We are in a constitutional gray area here where there is no clear guidance as to exactly what should happen,” Mr. Rozell said. “That gives the former president some leeway to put forward various creative legal arguments and ultimately delay the process until it doesn’t matter anymore.”Several former presidents have voluntarily testified before Congress, including Theodore Roosevelt, William Howard Taft, Herbert Hoover, Harry S. Truman and Gerald Ford. But there is no Supreme Court precedent that says whether Congress has the power to compel former presidents to testify against their will about their actions in office.There are two historical precedents, but neither generated court rulings. In 1846, the House subpoenaed two former presidents, John Quincy Adams and John Tyler, for an investigation into allegations of misspending by a secretary of state. According to a Congressional Research Service report, Tyler testified and Adams submitted a deposition.A subpoena of testimony from Harry S. Truman was eventually dropped by the House after he refused to honor it.The New York TimesAnd in 1953, the House Committee on Un-American Activities subpoenaed Truman. But while he later voluntarily testified before Congress on other topics, Truman refused to honor the committee’s subpoena, claiming that as a former chief executive he was immune from compelled testimony by the legislative branch. The House let the matter drop.One open question, then, is whether Truman was right. Should Mr. Trump’s legal team choose to argue that he was, one Supreme Court precedent could prove relevant: In 1982, the court ruled that former presidents are immune from being sued for damages over official decisions they made while in office.In that case, Nixon v. Fitzgerald, the majority reasoned that presidents must be able to perform their constitutional duties without being inhibited by the fear that a decision could risk making them liable to pay civil damages after they leave office. The question in Mr. Trump’s case would be whether a president could be similarly hindered by a fear of being forced to testify in front of Congress.Mr. Trump’s legal team could also invoke executive privilege in an attempt to ward off the subpoena. In another case involving Richard Nixon, the Court of Appeals for the D.C. Circuit ruled in 1974 that a Senate committee investigating the Watergate scandal could not force Nixon, then the sitting president, to turn over tapes of his Oval Office conversations.The appeals court ruled that the Senate’s need for the tapes was not enough to overcome the presumption of confidentiality guarding the presidential decision-making process. That general confidentiality is important, courts decided, so that presidents can receive candid advice from their aides about how best to carry out their constitutional functions.(More famously, about three months later, the Supreme Court upheld a subpoena by the Watergate prosecutor for the tapes, citing the greater need for them in a criminal proceeding. Soon after, Nixon resigned to avoid being impeached.)Unlike Nixon in 1974, however, Mr. Trump is now a former — not a sitting — president, and his claims to executive privilege would be weaker. The current officeholder, President Biden, who has greater authority to invoke or withhold executive privilege, might not support him..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Notably, Mr. Biden declined to support an earlier attempt by Mr. Trump to invoke executive privilege to keep the Jan. 6 committee from subpoenaing the National Archives for White House records. The Supreme Court, ruling against Mr. Trump, declined to block the subpoena, although it did so in a way that left unresolved the scope of an ex-president’s powers under executive privilege.Still, courts might view forcing a former president to show up at the Capitol and testify under oath differently than obtaining documents. Mr. Biden might also be more reluctant to establish a precedent that could help a Republican-controlled Congress subpoena him for testimony.Mr. Trump could also try to mount a procedural argument that the subpoena is invalid.That tactic has been used by nearly 30 people — among them, former aides to Mr. Trump — who have filed lawsuits seeking to quash subpoenas from the Jan. 6 committee. Many of these witnesses have argued the panel was improperly constituted and the subpoenas are insufficiently connected to writing laws.The first argument goes like this: The House resolution authorizing the committee envisioned that Speaker Nancy Pelosi would appoint 13 members, including five in consultation with Republican leadership. But the panel has only nine members, and neither of its two Republicans — Liz Cheney of Wyoming and Adam Kinzinger of Illinois — were endorsed by the minority leader, Representative Kevin McCarthy of California, who boycotted the process after Ms. Pelosi rejected several of his choices.As for the second, lawyers for the witnesses have argued that the subpoenas were not sent with the goal of assisting Congress in its role in drafting laws, but rather as a politically motivated fishing expedition for embarrassing information about Mr. Trump.In 1974, a Senate committee investigating the Watergate scandal could not force Richard Nixon, then the sitting president, to turn over tapes of his Oval Office conversations.Eddie Hausner/The New York TimesMost of the lawsuits challenging the subpoenas on these — and other — grounds are still working their way through the courts. But in May, a federal judge in Washington dismissed both of the arguments claiming the subpoenas were invalid in a case the Republican National Committee brought against the panel.That ruling, however, was vacated several months later by the Court of Appeals for the D.C. Circuit after the committee dropped its subpoena for the Republican National Committee.A Federal District Court judge also rejected claims that the committee’s subpoenas were invalid in the criminal prosecution of Stephen K. Bannon, a former adviser to Mr. Trump, who was sentenced to four months in prison on Friday for defying a subpoena from the House panel.In a ruling in the case, Judge Carl J. Nichols, a Trump appointee, noted that the full House had voted to hold Mr. Bannon and others who defied subpoenas in contempt, indicating that the body viewed the committee’s subpoena as valid. Judge Nichols said courts must defer to the House’s interpretation of its own rules, so he “cannot conclude as a matter of law that the committee was invalidly constituted.”Still, rulings by district court judges are not definitive precedents, leaving much to litigate.It also remains unclear which route to court a fight over the Trump subpoena could take. Mr. Trump might file his own suit asking a judge to quash it. Or he could wait for the House to try to enforce its subpoena.One way for that to happen would be for the full chamber to vote on whether to hold him in contempt and to refer the matter to the Justice Department for potential criminal prosecution, as it did for Mr. Bannon.It would then be up to Attorney General Merrick B. Garland to decide whether to bring a criminal charge. The Jan. 6 committee could also file its own lawsuit against Mr. Trump seeking a judicial order that he comply. In August 2019, for example, the House Judiciary Committee sued Mr. Trump’s former White House counsel, Donald F. McGahn II, who at Mr. Trump’s direction defied its subpoena seeking his testimony about Mr. Trump’s obstruction of the Russia investigation.The lawsuit set off a series of convoluted legal fights over constitutional issues and was still pending even when Mr. Biden became president in January 2021. That underscores the lack of time for extended litigation in Mr. Trump’s case.Aides to Mr. Trump have said that he has weighed whether to testify, but only under the condition that it be live and on television. That would deprive the committee of controlling what gets seen or from releasing only selected excerpts.Mr. Rozell said that was not surprising.“If Trump is going to go out there and make himself vulnerable, he’s going to do it in a public way,” he said. “It’s going to be a Trump show, and he’ll be playing to his own crowd. At that point, legal argument and nuances would be out the window.” More

    • 125 Shares189 Views

      in Elections

      Suzanne Scott’s Vision for Fox News Gets Tested in Court

      by

      Suzanne Scott remade Fox News Media into a lucrative consumer brand. But a $1.6 billion defamation suit against the company is testing her strategy and leadership.Before the committee investigating the Jan. 6 insurrection held its first prime-time hearing in June, Suzanne Scott, the chief executive of Fox News Media, called Lachlan Murdoch, her boss, to tell him how her network planned to broadcast the event.They wouldn’t, she said. The channel would stick with its usual prime-time lineup of Tucker Carlson, Sean Hannity and Laura Ingraham. Mr. Murdoch, the executive chairman of Fox Corporation, was fine with Ms. Scott’s decision, according to an executive with knowledge of their conversation.As a business move, Ms. Scott’s call was the right one for Fox News in the end. As many viewers tuned in as they would on a regular night. And Fox still managed to best CNN in the ratings.The decision was true to form, according to interviews with more than a dozen current and former colleagues. Since Ms. Scott took over the top job at Fox News in 2018, her colleagues said, she has managed from behind the scenes with a simple mantra: Respect Fox’s audience. Often, that involves sparing conservative viewers what they don’t want to hear — even when that means ignoring one of the biggest stories of the year.That strategy has helped Fox News succeed not just as the most-watched cable news network in the country but also as a multibillion-dollar consumer brand with a suite of businesses that, according to a recent company promo for one product, offers fans “The World According to Fox.” In addition to the Fox News and Fox Business cable channels, Ms. Scott has introduced Fox News Books, a publisher of meditations on Christianity; Fox Nation, a $5.99-per-month streaming service that produces a reboot of “Cops” and an original special from Mr. Carlson, “The End of Men,” that purports to explore a nationwide decline in testosterone rates; and Fox Weather, a new app and cable channel.Ms. Scott told her boss, Lachlan Murdoch, right, that the network wouldn’t broadcast the first Jan. 6 prime-time hearing in June. Mr. Murdoch is the son of Rupert Murdoch, the chairman of News Corp and Fox.Drew Angerer/Getty ImagesBut Ms. Scott’s Fox News — a sanctuary for conservatives where few unpleasant facts intrude and political misinformation has spread — also looms large in a case that threatens Fox’s business, and possibly Ms. Scott herself. She has emerged as one of the central figures in the $1.6 billion defamation lawsuit against Fox by Dominion Voting Systems, in which the voting company accuses Fox executives of juicing ratings and profits by repeatedly airing false information about Dominion machines siphoning votes away from former President Donald J. Trump.According to several people closely involved in the case, lawyers for Dominion are expected to depose her soon. A judge has granted Dominion access to her emails and text messages from the period after the 2020 election when Fox anchors and guests amplified some of the most outrageous falsehoods about Dominion and its supposed role in a plot to steal the election.So far, those messages contained at least one instance in which Ms. Scott expressed skepticism about the dubious claims of voter fraud that her network had been promoting, a recent court proceeding revealed. That kind of evidence is what Dominion hopes will ultimately convince a jury that Fox broadcast information it knew to be false, which would leave the company on the hook for significant damages.People who have heard Ms. Scott speak in meetings say she has been critical of Mr. Trump’s election denial claims, though she mostly keeps her personal politics private. (She is registered as unaffiliated.) One colleague recalled that in a meeting shortly after the 2020 election, Ms. Scott seemed in disbelief as she described how people she considered otherwise serious and rational thought there was any chance Mr. Trump could legitimately stop President Biden’s inauguration.What to Know About the Trump InvestigationsCard 1 of 6Numerous inquiries. More

    • 150 Shares199 Views

      in Elections

      Some Republicans Want to Count Votes by Hand. Bad Idea, Experts Say.

      by

      Over the past two years, Republicans have pursued an array of changes to how Americans vote. The past few weeks have drawn attention to a particularly drastic idea: counting all ballots by hand.Officials in Cochise County, Ariz., recently pushed to do that in next month’s election, and whether or not they go through with it, the efforts may spread. Republicans in at least six states introduced bills this year that would have banned machine tabulation, and several candidates for statewide offices have expressed support, including Kari Lake and Mark Finchem, the party’s nominees for Arizona’s governor and secretary of state, and Jim Marchant, its nominee for Nevada’s secretary of state.The New York Times spoke with six experts in election administration, and all said the same thing: While hand counting is an important tool for recounts and audits, tallying entire elections by hand in any but the smallest jurisdictions would cause chaos and make results less accurate, not more.“People who think they would have greater confidence in this process think so because they haven’t seen it,” said Mark Lindeman, the policy and strategy director at Verified Voting, a nonpartisan organization focused on election technology. “The process in real life would not inspire confidence at all on this scale.”The proposals often stem from false claims by former President Donald J. Trump and his allies that voting technology was somehow to blame for Mr. Trump’s loss in the 2020 presidential election. Most of those claims center on electronic voting machines, but some extend to scanners and tabulators that count paper ballots.The right-wing arguments against tabulators rely not on evidence that they have been compromised — because there is none — but on the possibility that they could be. In a lawsuit filed in April, Ms. Lake and Mr. Finchem asked a federal court to mandate hand counting in Arizona, arguing that the state’s ballot scanners were “potentially unsecure” and denied voters “the right to have their votes counted and reported in an accurate, auditable, legal and transparent process.” The court dismissed the case, and Ms. Lake and Mr. Finchem are appealing.Research indicates that hand counting increases errors.A study published in 2012 looked at discrepancies between initial counts and recounts in New Hampshire and found that, on average, those discrepancies were 0.8 percentage points smaller in towns that used scanners than in towns that counted by hand. A study in 2018 analyzed two statewide races in Wisconsin and found that “vote counts originally conducted by computerized scanners were, on average, more accurate.”What to Know About the Trump InvestigationsCard 1 of 6Numerous inquiries. More