Thursday, February 16, 2023

Dominion’s Brief for Summary Judgment Against Fox News

I have never seen a more complete, open-and-shut legal pleading. Dominion will get summary judgment. 

INTRODUCTION


“Sidney Powell is lying” Tucker Carlson to his producer Alex Pfeiffer, November16, 2020 (Ex.150)
[original emphasis]


That’s how it begins, the first sentence in the INTRODUCTION!


I have delivered some powerful opening statements to juries, if I may say. I have never had the material to deliver THAT powerful a first sentence.


“Really crazy stuff” Rupert Murdoch, November 19, 2020 (Ex.156)


Q: Do you believe as of November 6 that going on television to say that the election is being stolen would be a conspiracy theory? A : I agree they that that would not be based in fact at that point. Meade Cooper Fox News Executive Vice President for Primetime Programming(Ex.108, Cooper 194:1-6)


Q : [Y]ou believe, since at least the time that Fox News called the election on November 7th, that Joe Biden was legitimately elected the President of the United States, correct? A : Yes, I believe that. Suzanne Scott, Fox News (Ex.143 , Scott 365 :10-19)

“[T]hat whole narrative that Sidney was pushing. I do not believe it for one second.” Sean Hannity (Ex.122,Hannity322:19-21)


“No reasonable person would have thought that.” Fox Politics Editor Chris Stirewalt, on whether the allegation that Dominion rigged the election was true. (Ex.146, Stirewalt 154:18-19, 153:24-157:11)

Fox knew . From the top down , Fox knew the “dominion stuff” was “total bs.” Ex. 162.

Yet despite knowing the truth, or at a minimum, recklessly disregarding that truth, Fox spread and endorsed these outlandish voter fraud claims about Dominion even as it internally recognized the lies as crazy, absurd and shockingly reckless." Ex.163; Ex.165; Ex.166.1.
...
This is the unique defamation case where contemporaneous evidence shows that Fox's hosts, show runners , producers , and executives knew that the statements about Dominion were false before publication (and republication ). ...


Unique it is. I have never seen anything like this evidence and it goes on for 192 pages--quotes from Rupert Murdoch on down. It is the Tsar Bomba of legal pleadings.

Fox is done. The only question is whether the damages will bankrupt the company. They’re DEAD. As a CRIMINAL PROSECUTOR I NEVER had a case this strong. NEVER.