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      Arizona Republicans hunt for bamboo-laced China ballots in 2020 ‘audit’ effort

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      Arizona Republicans are examining whether there is bamboo fiber in ballots that were used in the 2020 election, an activist assisting with the ongoing audit of the ballots told reporters this week. The latest claim underscores how rightwing conspiracy theories continue to fuel doubt about the results of the results.“There’s accusation that 40,000 ballots were flown in to Arizona and it was stuffed into the box and it came from the south-east part of the world, Asia, and what they’re doing is to find out whether there’s bamboo in the paper,” John Brakey, a longtime election audit advocate, told reporters.John Brakey, an official helping oversee the audit of the 2020 Arizona election, says auditors are looking for bamboo fibers because of a baseless accusation that 40K ballots from Asia were smuggled here. #AzAuditPool pic.twitter.com/57UOBYIehg— Dennis Welch (@dennis_welch) May 5, 2021
      Brakey told reporters he didn’t personally believe auditors would find bamboo fibers.“I do think it’s somewhat of a waste of time, but it will help unhinge people,” Brakey said on Wednesday. “They’re not gonna find bamboo … If they do, I think we need to know, don’t you?”The search for bamboo fibers illustrates how the latest GOP audit of all 2.1m ballots cast in Maricopa county, home to a majority of Arizona voters, is elevating absurd claims about the 2020 election. After election day, rightwing activists falsely claimed that China had imported ballots to tip the election for Biden and that those ballots could be identified because there was bamboo in the paper. Earlier, workers were using UV lights to examine ballots; while the purpose of doing so was never clear, there was a conspiracy theory after the election that Trump had watermarked ballots (the UV examinations have stopped).There are about a dozen tables on the audit floor at Veterans Memorial Coliseum where auditors are taking pictures of ballots and then running them under microscopic cameras that are supposed to provide high-quality images of the ballots. Those images are supposed to help auditors verify the authenticity of the ballots by allowing them to examine fibers, as well as folds in the paper and ink marks on ballots.Experts have expressed concern about whether this method is a reliable way of identifying fraud.Ken Bennett, the liaison between the auditors and the Arizona senate, said in an interview he wasn’t sure if auditors were looking for bamboo fibers specifically.Sign up for the Guardian’s Fight to Vote newsletter“I think that’s more of a euphemism for saying ‘we’re looking for everything related to the paper so that we can verify that the ballots are authentic,’” he told the Guardian. “They’re looking for folds in the paper. They’re looking for where the ovals are marked, is there a little bit of an indentation or was the mark made by a Xerox machine? It’s just kind of a general expression for ‘we’re checking the paper and the folds and everything to make sure that these are authentic ballots.’”The comment came amid increasing scrutiny of the audit, which many experts say is not credible and will only further undermine confidence in the 2020 race. The justice department sent a letter to the Arizona senate president, Karen Fann, on Wednesday expressing concern that the audit may be running afoul of federal laws regarding ballot custody and voter intimidation (during a separate part of the audit, workers will reportedly knock on voters’ door to confirm their 2020 vote).Katie Hobbs, Arizona’s top election official, sent a letter to Bennett on Wednesday expressing concern over how the audit is being run. She claimed that auditors did not have a clear process for tallying ballots, left laptops unattended, and clear procedures were not in place to hire unbiased counters. “Either do it right, or don’t do it at all,” she wrote.One of the people who spread the lie about China dumping ballots, according to Slate, was Javon Pulitzer, a treasure hunter and inventor, who is reportedly assisting with the Maricopa county audit. Though it’s not clear in what capacity Pulitzer is assisting, Brakey told reporters on Tuesday that the machines capturing the microscopic images of the ballots were linked to Pulitzer. “This guy is nuts,” he said. “He’s a fraudster … It’s ridiculous that we’re doing some of this.” More

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      Liz Cheney says Trump’s ‘big lie’ poisons democracy as split with Republicans grows

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      Liz Cheney, the Wyoming Republican who voted to impeach Donald Trump, is coming under fire from members of her own party after her tweet that the former president did not lose the election unfairly. The spat illustrates the split between Republicans loyal to Trump and those willing to criticize the former president.“The 2020 presidential election was not stolen,” Cheney tweeted. “Anyone who claims it was is spreading THE BIG LIE, turning their back on the rule of law, and poisoning our democratic system.”Cheney, the third most senior membership of the GOP’s House leadership, has been heavily criticized by fellow Republicans in recent months for pushing back on Trump’s nonsense claims that the election was stolen, and for her impeachment vote.Trump-supporting representatives in Congress have been pushing for Cheney, the House Republican conference chair, to be removed from that powerful position, which could be achieved if House GOP leader Kevin McCarthy called for a vote on Cheney’s future. Shortly after her vote to impeach Trump, the Wyoming GOP had also voted to censure her.Some Republicans, however, have come to Cheney’s defense. “Liz Cheney is a woman of strength and conscience, and she did what she thought was right, and I salute her for that,” Senator Susan Collins from Maine said on CNN this weekend.The tension between the most-extreme and less-extreme members of the Republican party has increased in recent days, after Cheney – a member of the latter group – said those who supported the Trump-backed challenges to the certification of the 2020 election should be disqualified from becoming the 2024 Republican nominee.Cheney’s latest refusal to lie is unlikely to go down well. Politico reported on Monday morning that there is “a coordinated effort by Kevin McCarthy to box [Cheney] out”. More

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      Elizabeth Warren: Democratic party was reluctant to nominate a woman in 2020

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      In a new book, the Massachusetts senator Elizabeth Warren suggests part of the reason for her failure in the race for the 2020 Democratic presidential nomination lay in the party’s reluctance to nominate another woman.“I had to run against the shadows of Martha and Hillary,” Warren writes in Persist, which will be published on Tuesday, the Washington Post reported.Hillary Clinton, a former New York senator and secretary of state, lost the 2016 presidential election to Donald Trump.Martha Coakley, an attorney general of Massachusetts, lost a 2010 election for a US Senate seat long held by Ted Kennedy, to Scott Brown, and a 2014 gubernatorial election to Charlie Baker.Both women started as favourites but suffered losses which dealt crushing blows to Democrats on the national stage.Warren led the 2020 Democratic primary early on. In her book, the Post said, she repeats a conversation with her husband, Bruce Mann, who said: “Babe, you could actually do this. You could be president.” Warren also writes about she imagined her inauguration.But she did not win any states and withdrew on 5 March. With most of the rest of the field, she endorsed Joe Biden against the progressive standard bearer, Bernie Sanders. Biden went on to beat Trump convincingly but Warren was passed over for vice-president and a cabinet post.On the page, Warren attributes some of the blame for her defeat to a failure to explain how she would pay for her ambitious progressive proposals, particularly on expanding healthcare.She also reportedly “offers a heavy dose of praise for allies and competitors and little score-settling or tale-telling”, calling Biden a “steady, decent man” and Sanders “fearless and determined”.The Post said Warren’s book “glosses over” a clash with Sanders over whether he told her a woman could not beat Trump. Warren says he did. Sanders says he did not.Warren considers a debate in Nevada in which she assailed the former New York mayor Michael Bloomberg over his behaviour towards women and compared him to Trump. Warren, the Post said, writes that she was surprised Bloomberg did not immediately respond.“Like so many women in so many settings, I found myself wondering if he had even heard me,” she writes.Warren’s book, her third, also considers a previously disclosed incident at the University of Houston when she says a male colleague tried to grope her, and its effect on her academic career.The book’s title comes from a famous clash with Mitch McConnell in 2017. Attempting to silence Warren during debate, the then Republican majority leader said: “She was warned. She was given an explanation. Nevertheless, she persisted.”The Post said text on the back of Warren’s book says it is about “the fight that lies ahead”.“Warren offers few hints on whether she might run again for president,” the paper said. “At 71, she is younger than Biden and could plausibly launch another campaign in 2024, particularly if he does not seek a second term.” More

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      Arizona Republicans deploy Cyber Ninjas in pro-Trump election audit

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      Months after Donald Trump’s election defeat, Republicans in Arizona are challenging the outcome with an unprecedented effort to audit results in their most populous county – all run by a Florida company, Cyber Ninjas, with no elections experience.The state senate used its subpoena power to take possession of all 2.1m ballots in Maricopa county and the machines that counted them, along with computer hard drives full of data. The materials were then handed to Cyber Ninjas, a consultancy run by a man who has shared unfounded conspiracy theories claiming official election results are illegitimate.Elections professionals fear the process will severely undermine faith in democracy.“I think the activities that are taking place here are reckless and they in no way, shape or form resemble an audit,” said Jennifer Morrell, a partner at The Elections Group, a consulting firm advising state and local officials which has not worked in Arizona.Conspiracy theories about Joe Biden’s victory have had particular staying power in Arizona, which went Democratic for just the second time in 72 years. On Friday, Trump predicted the audit would reveal fraud and prompt similar reviews in other states he lost.“Thank you state senators and others in Arizona for commencing this full forensic audit,” he said in a statement. “I predict the results will be startling!”Cyber Ninjas began a manual recount on Friday, a day after Democrats asked a judge to put an end to the audit. The judge ordered the company to follow ballot and voter secrecy laws and demanded it turn over written procedures and training manuals before a hearing on Monday. He offered to pause the count over the weekend if Democrats posted a $1m bond to cover added expenses. The party declined.On a since-deleted Twitter account, Cyber Ninjas owner Doug Logan used hashtags and shared memes popular with people promoting unsupported allegations casting doubt on Biden’s victory. Logan says his personal views are irrelevant because he is running a transparent audit with video streamed online.“There’s a lot of Americans here, myself included, that are really bothered by the way our country is being ripped apart right now,” Logan said. “We want a transparent audit to be in place so that people can trust the results and can get everyone on the same page.”Logan refuses to disclose who is paying him or who is counting the ballots, and will not commit to using bipartisan teams for the process.The Republican-dominated Arizona senate refuses to let media observe the count. Reporters can accept a six-hour shift as an official observer but photography and note-taking are prohibited. It would be a violation of journalistic ethics for reporters to participate in an event they were covering.The state senate has put up $150,000 for the audit but Logan has acknowledged that is not enough to cover his expenses. A rightwing cable channel, One America News Network, raised money from unknown contributors which went directly to Cyber Ninjas. Logan would not commit to disclosing the donors and would not provide an estimate for the cost of his audit.Cyber Ninjas plans to have teams of three people manually count each ballot, looking only at the presidential and US Senate contests, which were won by Democrats.Logan said the counters were members of law enforcement and the military as well as retirees. He would not say how many were Democrats or Republicans and would not commit to ensuring the counting teams are bipartisan.The process was to be overseen by volunteers. As of a week ago, 70% were Republicans, according to Ken Bennett, a Republican former secretary of state serving as a liaison between the Senate and the auditors.Cyber Ninjas plans to review ballot-counting machines and data and to scan the composition of fibers in paper ballots in search of fakes. It plans to go door-to-door in select precincts to ask people if they voted. Logan was vague about how the precincts were chosen but said a statistical analysis was done “based on voter histories”.The audit has been beset by mistakes. Hand counters began the day using blue pens, which are banned in ballot counting rooms because they can be read by ballot machines. A crew from a group of Phoenix television stations, azfamily, had unfettered access to the supposedly secure facility as auditors were setting up equipment and receiving ballots and machines.Election experts said hand counts are prone to errors and questioned a lack of transparent procedures for adjudicating voter intent.Maricopa county conducted pre- and post-election reviews to check the accuracy of voting machines, including a hand count of a representative sample of ballots, as required by state law. The county hired two auditing firms that reported no malicious software or incorrect counting equipment.“We’re going to set up a new norm where we don’t accept the outcome of elections in a free and fair and just democracy, and that is the core of what is at stake here,” said Tammy Patrick, senior adviser at the Democracy Fund and a former Maricopa county elections official.“I think that is incredibly, incredibly problematic.” More

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      George W Bush reveals he voted for Condoleezza Rice in 2020 US election

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      Former president George W Bush revealed in an interview with People magazine that he didn’t vote for either the Republican incumbent Donald Trump or Democrat Joe Biden in the November 2020 presidential election. Instead, he wrote in Condoleezza Rice.Rice, who served as secretary of state for Bush from 2005 to 2009, was aware of the write-in. But, “She told me she would refuse to accept the office,” Bush shared.This revelation comes amid a promotional book tour for Bush’s new compilation of oil paintings depicting American immigrants and their stories.It’s all in an effort, Bush says, to soften hearts for compassionate immigration reforms after several years of harsh and “frightening” anti-immigrant rhetoric, mostly from his own Republican party.Earlier this week, Bush criticized the GOP, calling current actors in the party “isolationist, protectionist and, to a certain extent, nativist”. Bush told People that he “painted with too broad a brush” and excluded “a lot of Republicans who believe we can fix the problem”.But the former president is not without his own history of faults, and his journey to rehabilitation after a devastating presidency built upon the “war on terror” isn’t as well received by many as one would think.Bush’s legacy includes the illegal invasion of Iraq in search of non-existent weapons of mass destruction, at a cost of hundreds of thousands of lives. He resisted LGBTQ+ rights, botched the government response to Hurricane Katrina and presided over the biggest financial crisis since the Great Depression. More

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      Arizona Republicans to begin auditing 2020 ballots in effort to undermine election results

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      Nearly five months after Joe Biden was declared the official winner of the presidential race in Arizona, state Republicans are set to begin their own audit of millions of ballots, an unprecedented move many see as a thinly-veiled effort to continue to undermine confidence in the 2020 election results.Sign up for the Guardian’s Fight to Vote newsletterThe GOP-controlled state senate ordered the audit, set to formally get underway this week, which may be one of the most absurd and alarming consequences to date of Donald Trump’s baseless lies about the 2020 election. It will be executed by a private Florida-based company. It also reportedly will be supported from far-right lawyer Lin Wood and observers from the far-right news network One America News Network.The audit will be solely focused on Maricopa county, the largest in the state and home to a majority of Arizona’s voters. Biden narrowly defeated Trump in the county, a crucial battleground that helped the president win Arizona by around 10,000 votes. The audit will include a hand recount of all 2.1m ballots cast in the county, a process expected to take months.Trump and allies have claimed, without evidence, there was fraud in Maricopa county. But the county has already conducted two separate audits of the 2020 election and found no irregularities. The Republican decision to continue to investigate the results, months after they were certified by both county and state officials, extends the life of election conspiracy theories. The audit also comes as Arizona Republicans are advancing legislation in the state that would make it harder to vote by mail.“They’re trying to find something that we know doesn’t exist,” said Arizona secretary of state Katie Hobbs, a Democrat, who serves as the state’s top election official. “It’s ludicrous that people think that if they don’t like the results they can just come in and tear them apart.”David Becker, an election administration expert and the executive director of the Center for Election Innovation and Research, said the effort was so shoddy he was hesitant to acknowledge it as a legitimate investigation.“I’ve never seen an ‘audit’ that was remotely similar, and given the fundamental flaws, I don’t think this process can even be described as an audit,” he said in an email.Other voting rights groups have expressed similar concerns.“At this point, additional audits will have little value other than to stoke conspiracy theories and partisan gamesmanship – or worse,” the groups, which included the Carter Center in Atlanta and the Brennan Center for Justice, wrote in a letter to the Arizona senate earlier this month. “In short, this appears to be a decision driven by politics rather than a search for the truth.”Alarm over the audit has escalated in recent weeks after Republicans announced the firms that would be leading the effort. The company that will lead the audit, a Florida-based company called Cyber Ninjas, is led by Doug Logan, who supported several baseless conspiracy theories about the election. In December, he retweeted a post that questioned the validity of Maricopa’s ballot count and falsely said Trump may have gotten 200,000 more votes than were reported in Arizona, according to the Arizona Mirror, which first reported his involvement in the audit.He also made statistical comparisons between elections in Venezuela and the 2020 race in a tweet that included a “stop the steal” hashtag, according to the Mirror. Cyber Ninjas is not accredited by the US Election Assistance Commission to inspect voting machines, the Washington Post reported.“You’re bringing in this firm that’s on a treasure hunt,” Hobbs said. “They are not qualified, they don’t even know what they’re doing.”It’s not clear how Cyber Ninjas was chosen to lead the audit. Karen Fann, the president of the Arizona senate, did not return a request for comment. In an interview with One America News Network, a far right news outlet, Fann said the audit was needed to answer questions about the 2020 election.“It is our job to make sure those laws are followed to the T, that they are always above reproach, and if we find any mistakes, we need to fix it and or report it,” she told the outlet.The Arizona state senate is renting a Phoenix arena to conduct the audit and there is growing scrutiny over how the process is being funded. While the state senate has allocated $150,000 towards the effort, it is also being backed by private donors. L Lin Wood, an attorney who promoted some of the most inflammatory lies about the 2020 election, told Talking Points Memo he had donated $50,000 to a fundraiser to support the effort. Wood also told the outlet that he hosted Logan at his South Carolina home last year.“That should scare a lot of people,” said Martin Quezada, a Democrat in the Arizona state senate. “Who are the people that are gonna be donating to this? It’s already shown that this is the people who have an agenda and that agenda is to show that there was some sort of fraud, that there was a stolen election.”It’s also unclear how much access media and other independent observers will have to the audit. Reporters will be prohibited from using pens and paper and will have to sign up to serve as official observers, a spokesman for the audit told an Arizona Mirror reporter on Wednesday. The Arizona Republican party also tweeted that the process will be live-streamed and that observers from One America News Network, the far fight outlet, would ensure nonpartisan “transparency”.There is also concern the audit could lead to voter intimidation. In its statement of work, Cyber Ninjas wrote it had already performed “non-partisan canvassing” in Arizona after the 2020 election and knocked on voters’ doors to “confirm if valid voters actually lived at the stated address”. The company said it would continue that work during the audit “to validate that individuals that show as having voted in the 2020 general election match those individuals who believe they have cast a vote”.Such activity could amount to illegal voter intimidation, a group of voting rights lawyers wrote to Cyber Ninjas and others involved in the audit earlier this month.Quezada, the Arizona state senator, said it was impossible to separate the audit from the suite of voting restrictions in the Arizona state legislature that would make it harder to vote by mail. Among the most prominent is a bill that would essentially do away with a longstanding and popular practice in the state that allows any eligible voter in the state to automatically receive a mail-in ballot if they want. Another measure would require voters to provide identification with their mail-in ballot.“They want to justify all of the changes that they are already proposing to election laws because they need to have some sort of legitimacy behind it to justify the severe restrictions they’re hoping to put in place here,” he said. “Every element of this audit, from the beginning, to the end, it just stinks to high hell.” More

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      The Guardian view on an America First Caucus: a warning democracy is under siege | Editorial

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      In 1944, George Orwell felt that the word fascism had “lost the last vestige of meaning” so liberally had it been used. But fascism remains very much alive. Decades after Orwell’s message, one of the challenges today is to identify and name it. Whether the label could be applied to Donald Trump had divided expert opinion, until the 6 January assault on Capitol Hill by a mob whose passions had been inflamed by his speech earlier that day. This melted the resistance historians of fascism like Columbia University’s Robert Paxton felt to using the f-word. The use of violence against democratic institutions, he wrote, “crosses a red line”.If anyone wondered what American fascism might look like then they could start with the proposed congressional “America First Caucus”, which emerged this weekend from the office of extremist Republican Marjorie Taylor Greene. Carrying the torch for Trumpism, this fringe agenda conceals its racial argument behind muscular populist ones. The caucus plans were welcomed by legislators who had fanned the flames of the Capitol riot. Before being elected to Congress, Ms Greene peddled conspiracy theories, made racist statements and indicated support for the execution of Democratic leaders and FBI agents. She renounced those beliefs on the eve of being kicked off congressional committees but made no apology for having held them.The proposed caucus platform contained not so much dog whistles as foghorns for white supremacy. America, the document claims, is based on “respect for uniquely Anglo-Saxon political traditions” and decries “post-1965 immigrants” for depressing workers’ wages, highlighting the year when the US ended its policy of giving preferential treatment to western European migrants. It calls for rebuilding the US with an “aesthetic value that befits the progeny of European architecture”. Thankfully the plan exploded on the launch pad. Republican leaders calculated it would hurt their electoral chances in moderate swing seats. Ms Greene disowned the caucus proposals.Fascism not only pursues rightwing policies, it seeks to build up mass-mobilising movements and paramilitary organisations with the aim of establishing a single-party dictatorship. Mr Trump saw armed citizens as a political asset. His heirs see despotism as a viable alternative to the current political structure. In Congress 147 Republican lawmakers promoted Mr Trump’s lie that the 2020 election was stolen. Republicans in 47 states have 361 proposed laws to restrict voting access on grounds of baseless claims of electoral fraud.Around the world electorates will have to become reacquainted with fascism. Voters must attune themselves to what it looks and sounds like. In the UK, Labour’s Sir Keir Starmer was caught out earlier this year on a national radio phone-in when he failed to recognise a conspiracy theory popular with fascists, and Fox News star Tucker Carlson, known as the “great replacement”. It falsely claims that dwindling white birthrates have been orchestrated by multicultural global elites in an attempt to make whites a minority. There’s no suggestion that Sir Keir agreed with the racist caller but there was criticism in the way he handled the call. There is an urgent and pressing need to recognise both the real threat of fascism as well as the rhetorical and emotional motifs it employs. More

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      Dominion: will one Canadian company bring down Trump's empire of disinformation?

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      When Donald Trump and his allies pushed the “big lie” of voter fraud and a stolen election, it seemed nothing could stop them spreading disinformation with impunity.Politicians and activists’ pleas fell on deaf ears. TV networks and newspapers fact-checked in vain. Social media giants proved impotent.But now a little-known tech company, founded 18 years ago in Canada, has the conspiracy theorists running scared. The key: suing them for defamation, potentially for billions of dollars.“Libel laws may prove to be a very old mechanism to deal with a very new phenomenon of massive disinformation,” said Bob Shrum, a Democratic strategist. “We have all these fact checkers but lots of people don’t care. Nothing else seems to work, so maybe this will.”The David in this David and Goliath story is Dominion Voting Systems, an election machine company named after Canada’s Dominion Elections Act of 1920. Its main offices are in Toronto and Denver and it describes itself as the leading supplier of US election technology. It says it serves more than 40% of American voters, with customers in 28 states.But the 2020 election put a target on its back. As the White House slipped away and Trump desperately pushed groundless claims of voter fraud, his lawyers and cheerleaders falsely alleged Dominion had rigged the polls in favour of Joe Biden.Among the more baroque conspiracy theories was that Dominion changed votes through algorithms in its voting machines that were created in Venezuela to rig elections for the late dictator Hugo Chávez.The truth matters. Lies have consequencesIt was laughable but also potentially devastating to Dominion’s reputation and ruinous to its business. It also fed a cocktail of conspiracy theories that fuelled Trump supporters who stormed the US Capitol on 6 January, as Congress moved to certify the election results. Five people died, including an officer of the Capitol police.The company is fighting back. It filed $1.3bn defamation lawsuits against Trump lawyers Rudy Giuliani and Sidney Powell, and MyPillow chief executive Mike Lindell, for pushing the allegations without evidence.Separately, Dominion’s security director, Eric Coomer, launched a suit against the Trump campaign, Giuliani, Powell and some conservative media figures and outlets, saying he had been forced into hiding by death threats.Then came the big one. Last month Dominion filed a $1.6bn defamation suit against Rupert Murdoch’s Fox News, accusing it of trying to boost ratings by amplifying the bogus claims.“The truth matters,” Dominion’s lawyers wrote in the complaint. “Lies have consequences. Fox sold a false story of election fraud in order to serve its own commercial purposes, severely injuring Dominion in the process. If this case does not rise to the level of defamation by a broadcaster, then nothing does.”The suit argues that Fox hosts and guests “took a small flame and turned it into a forest fire” by broadcasting wild assertions that Dominion systems changed votes and ignoring repeated efforts by the company to set the record straight.“Radioactive falsehoods” spread by Fox News will cost Dominion $600m over the next eight years, according to the lawsuit, and have resulted in Dominion employees being harassed and the company losing major contracts in Georgia and Louisiana.Fox fiercely disputes the charge. It said in a statement: “Fox News Media is proud of our 2020 election coverage, which stands in the highest tradition of American journalism, and will vigorously defend against this baseless lawsuit in court.”Other conservative outlets have also raised objections. Chris Ruddy, chief executive of Newsmax, said: “We think all of these suits are an infringement on press freedom as it relates to media organisations. There were the years of Russian collusion investigations when all of the major cable networks reported unsubstantiated claims. I think Fox was reporting the news and certainly Newsmax was.”But some observers believe Dominion has a strong case. Norman Eisen, a senior fellow at the Brookings Institution, said: “Dominion has an outstanding prospect in its litigation against Fox for the simple reason that Fox knowingly broadcast over and over again the most outrageous and clear lies.You should not have a major television outlet that is a megaphone for outrageous falsehoods about the election“Certainly there are protections under the first amendment and otherwise but this is so far outside the bounds, such a clear case, that I think Fox is looking at a very serious legal exposure here and that’s the way it should be.“You should not have a major television outlet that is able day after day to provide a megaphone for outrageous falsehoods having to do with the election, one that helped trigger a violent insurrection on 6 January. They should not be able to feed a steady stream of those pernicious lies into the body politic without any legal consequences.”‘A real battleground’Eisen, a former White House “ethics czar”, suggests that the Dominion case could provide at least one model for dealing with the war on truth.“The United States and the world need to deal with disinformation,” he said.“There can be no doubt that every method is going to be required but certainly libel law provides one very important vehicle for establishing consequences and while there’s no such thing as a guarantee when you go to court, this is an exceptionally high risk for Fox with a large price tag attached as well.”There are signs that the legal actions, and their grave financial implications, have got reckless individuals and outlets on the run.Powell asked a judge to throw out the lawsuit against her, arguing that her assertions were protected by the right to free speech. But she also offered the unusual defence that she had been exaggerating to make a point and that “reasonable people would not accept such statements as fact but view them only as claims that await testing by the courts through the adversary process”.Two days after voting machine maker Smartmatic filed a $2.7bn defamation suit that alleged TV host Lou Dobbs falsely accused it of election rigging, Fox Business abruptly canceled Lou Dobbs Tonight, its most viewed show. It has also filed a motion to dismiss the Smartmatic suit.Meanwhile pro-Trump outlets have begun using prepared disclaimers or prerecorded programmes to counter election conspiracy theories spouted by guests. When Lindell launched into an attack on Dominion on Newsmax in February, co-anchor Bob Sellers tried to cut him off and then walked off set.RonNell Andersen Jones, a law professor at the University of Utah, told the Washington Post: “We are seeing the way that libel has become a real battleground in the fight against disinformation.“The threat of massive damages for spreading probably false conspiracy theories on matters of public concern could turn out to be the one tool that is successful in disincentivising that behaviour, where so many other tools seem to have failed.”The defamation suits will provide another test of the judiciary as a pillar of American democracy. The courts’ independence proved robust regarding dozens of lawsuits by Trump and his allies seeking to overturn the election outcome.Larry Jacobs, director of the Center for the Study of Politics and Governance at the University of Minnesota, said: “It is such an under-appreciated illumination of the multiple avenues for pursuing politics. Sometimes we get understandably absorbed by what Congress can do, which is obviously significant at times, but mostly fairly kind of deadlocked.“But we’re going to see the legal system prosecuting the 6 January perpetrators, prosecuting Donald Trump and prosecuting these libel charges by Dominion over the monstrous lies that were told after the election.“Thank goodness for the courts because the elected branches have really botched it.” More