Dominion Voting v. Fox - $787,500,000

Over the years I have written a number of posts on defamation actions setting the facts of historic events. Just over 2 years ago I wrote about the defamation action Dominion Voting Systems had filed against Sidney Powell, one of Donald Trump’s lawyers. Among her statements she had falsely claimed that Dominion voting machines had manipulated and changed votes costing Trump the 2020 Presidential election.

I thought Dominion had a very strong case and wondered how she could mount a credible defence. A trial would establish whether or not there had been massive election fraud involving Dominion.

At the time I thought it likely Dominion would pursue the probably deep-pocketed Trump. They have not yet sued him. On reflection I can see their hesitation. Trump is crafty in getting others to utter his claims. 

What I had not foreseen in 2021 was Dominion suing Fox News. They were the primary means by which the outlandish voter fraud claims were made. Observing how willing Fox programs and personalities were to present and repeat the allegations was breathtaking. Powell appeared multiple times.

Today the consequences came home to Fox. It settled Dominion’s claim for $787,500,000. It did not make a formal apology. In a curious press release it stated:

We acknowledge the Court’s rulings finding certain claims about Dominion to be false.

What the press release omitted was any reference to the amount of the settlement.

Showing they have, at least temporarily, learned a painful lesson about claims concerning the 2020 election the Fox article, in which the press release was contained, went on to say:

Then President Trump and his allies fiercely challenged Joe Biden’s victory in the weeks following the election. Some of them, including members of his legal team, made false and unsubstantiated claims against Dominion Voting Systems and are the subject of separate defamation lawsuits.

I had been following the action against Fox since it was filed.

Fox tried mightily but failed to dismiss the claim. It unsuccessfully sought to limit which Fox business entities could be sued. It could not stop owner, Rupert Murdoch, from having to be deposed. 

Fox was further restricted before the trial.

Trial judge, Eric M. Davis, limited Fox in a pre-trial application deciding:

“... the evidence does not support that FNN conducted good-faith, disinterested reporting.

Most important was the decision by Davis a couple of weeks ago that gutted Fox’s best defence by ruling:

“The evidence developed in this civil proceeding demonstrates that it is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true.”

I cannot remember the last time I read a judgment where the judge used the combination of italics, bolding and capitalization to emphasize the conclusion.

That decision does mean a defamation action has once again settled a historical issue. The quote will resonate for decades to come.

After the “CRYSTAL clear” decision I told my sons I thought Fox would settle.

What defendant would dare to go to a jury knowing the jury would start deliberations from the position that Fox had broadcast fake news.

Its remaining argument was they were neither deliberately nor recklessly malicious. Trying to win a jury trial on a pure legal argument is daunting.

While the settlement is a staggering amount Fox can write a cheque to pay it. The Los Angeles Times reported Fox has $4,000,000,000 in cash.

Major news organizations have consistently had defamation lawyers checking their content against defamation. I do not know if Fox had such a filter. If there were defamation lawyers monitoring Fox content I expect we will never know their advice.

Going forward I expect some caution on Fox reporting and opinions.

Their 2020 election exposure is not yet over. Smartmatic, another voting technology company, has a $2.7 billion case pending against Fox.

Its lawsuit opened with bravado:

“The Earth is round. Two plus two equals four. Joe Biden and Kamala Harris wond the 2020 election for President and Vice President of the United States.”

It is a good thing Fox still has billions of dollars in cash.

As for Dominion it will move on with its lawsuits against Powell, Rudy Giuilani and Mike Lindell, the Minnesota pillow manufacturer.

Powell started her defence by evading service for some time. You can run for a time from court but reckoning is coming for her.

Giuilani has short pockets compared to Fox but his defence took a hit when, as stated in the Guardian, it came out in the Dominion v. Fox evidentiary disclosure that he was recorded before an on-air Fox broadcast stating:

“.... he did not have any evidence to back up the false allegations of election rigging by Dominion in the 2020 race that are at the heart of the lawsuit.”

It is Mr. Lindell, whose pockets are deeper, that is at the greatest risk. His net worth, depending on the internet source you choose, is between $50 million and $300 hundred million.

Lindell, the owner of MyPillow, may actually be the defendant to reach trial. He continues to preach there was election fraud. 

Between the Johnny Depp v. Amanda Heard trial, the English Wagatha Chrisie trial beween soccer wives, ENRC v. Burgis (Central Asian oligarchs suing an English writer) and the Dominion Voting cases, actions for defamation have dominated court media coverage the past couple of years. They are entertaining for the public but hugely expensive for the participants.