Rupert Murdoch Can Be Forced to Testify in Defamation Trial, Judge Says

[onthedarkside]

 

The witness list for the Fox News $1.6 billion defamation trial now has more big names than a prime-time lineup.

 

Rupert and Lachlan Murdoch could be forced to testify in person, the judge overseeing the trial said on Wednesday.

 

Other high-profile Fox employees expected to testify in the case, which was brought by Dominion Voting Systems, include the hosts Tucker Carlson, Maria Bartiromo, Sean Hannity, Jeanine Pirro and Bret Baier.

 

https://www.nytimes.com/2023/04/05/business/media/rupert-murdoch-testify-fox-dominion-trial.html

 

 

READ MORE (no paywall)

[ozimoron]

A superior court judge in Delaware overseeing Dominion Voting Systems' $1.6 billion defamation suit against Fox News has ruled that Dominion can subpoena testimony from Fox News leadership, including parent company founder Rupert Murdoch and his son, Fox Corporation CEO Lachlan Murdoch — which Fox News was hoping would be barred from trial. This comes after Dominion has presented reams of internal communications that allegedly show the Murdochs and senior Fox executives and on-air personalities knew election conspiracy theories they were airing were false.

 

https://www.rawstory.com/dominion-voting-v-fox-news/

 

 

[Chomper Higgot]

Get this done, then bring on the ‘Class Actions’ for anti-vaccine misinformation.

 

 

[newnative]

$1.6 billion is not nearly enough of a penalty for what they did.   Double or triple it and give them all some jail time.

[Bangkok Barry]

Fox’s lawyers had argued that the elder Mr. Murdoch, 92, and the other executives should not be compelled to testify because they had already provided filmed depositions and their live appearances would “add nothing other than media interest.”

 

I thought that is what Fox was about, creating media interest (true or false, it seems). Except when it paints themselves in a bad light, then it would not be in the public interest. Oh, the irony. 

[Longwood50]

Things like this have a tendency to have unintended consequences.  Fox will be able to through discovery obtain some pretty secretive information on the Dominion voting system and if it does have any vulnerabilities.  

[xylophone]

4 minutes ago, Longwood50 said:

Things like this have a tendency to have unintended consequences.  Fox will be able to through discovery obtain some pretty secretive information on the Dominion voting system and if it does have any vulnerabilities.  

And if there are no "vulnerabilities", or at least any which could do what the trumpies have been suggesting, then it is a kick in the slats for Murdoch, Fox News and his Trump acolytes.

 

Fine them heavily, and then some, and jail some of the bar stewards.

[Slip]

9 minutes ago, Longwood50 said:

Things like this have a tendency to have unintended consequences.  Fox will be able to through discovery obtain some pretty secretive information on the Dominion voting system and if it does have any vulnerabilities.  

Any source other than your proverbial?

[Longwood50]

4 hours ago, Slip said:

Any source other than your proverbial?

 

4 hours ago, Slip said:

Any source other than your proverbial?

https://bc-llp.com/civil-litigation-discovery-process/

 

How Does the Discovery Process Work?

During discovery, opposing parties should turn over emails, electronic documents, paper documents, and other information that could be relevant to the claims. Parties can submit motions to the court asking for specific information to be turned over, and this is common in situations where plaintiffs believe they have not been given all relevant documents.

In addition to turning over information, the discovery process can also involve interviewing witnesses and finding out what the witnesses know. Witnesses can be sent written questions, called interrogatories, or can be interviewed on the record in person through depositions.

Edited April 6, 2023 by onthedarkside
Text reformatted

[Bkk Brian]

4 hours ago, newnative said:

$1.6 billion is not nearly enough of a penalty for what they did.   Double or triple it and give them all some jail time.

No problem, Dominion is the least of their worries, Smartmatic's has been given the green light for the case to proceed. 

 

"In fact, on paper Smartmatic’s suit appears to be the more dangerous. It’s demanding damages of $2.7bn, compared with Dominion’s $1.6bn."

 

Smartmatic claims that more than 100 false statements were broadcast by Fox News hosts and guests. Smartmatic was falsely said to have been involved in 2020 election counts in six battleground states – in fact, it was present only at the count in Los Angeles county.

 

https://www.theguardian.com/media/2023/mar/13/smartmatic-defamation-lawsuit-against-fox-news

[Tug]

Bankrupt that purveyor of fake news and revoke that traitors murdocs citizenship and send his rear end back to Australia let them straighten him out!

[ozimoron]

4 hours ago, newnative said:

$1.6 billion is not nearly enough of a penalty for what they did.   Double or triple it and give them all some jail time.

That's only what Dominion want, the penalties can be much higher.

[heybruce]

12 hours ago, Longwood50 said:

Things like this have a tendency to have unintended consequences.  Fox will be able to through discovery obtain some pretty secretive information on the Dominion voting system and if it does have any vulnerabilities.  

Finding vulnerabilities, if they exist, will not change the lawsuit unless Fox can show that the vulnerabilities were exploited somehow to change the election result.  That's not going to happen.

[Longwood50]

3 hours ago, heybruce said:

Finding vulnerabilities, if they exist, will not change the lawsuit unless Fox can show that the vulnerabilities were exploited somehow to change the election result.  That's not going to happen.

I disagree.  If it raises the issue that the Dominion voting systems were not fully secure it raises "doubt" that the election results were accurate.  The election does not have to be overturned for Fox to prevail.  

Also as said, you have no idea what may show up in the discovery process.  When you are forced to give access to your company records, you never know what secrets may be discovered.   The entire process of discovery in a lawsuit is full of perils for both sides. 

[Chomper Higgot]

3 minutes ago, Longwood50 said:

I disagree.  If it raises the issue that the Dominion voting systems were not fully secure it raises "doubt" that the election results were accurate.  The election does not have to be overturned for Fox to prevail.  

Also as said, you have no idea what may show up in the discovery process.  When you are forced to give access to your company records, you never know what secrets may be discovered.   The entire process of discovery in a lawsuit is full of perils for both sides. 

IF.

 

What’s not in dispute is FOX’s campaign of lies.

[heybruce]

14 minutes ago, Longwood50 said:

I disagree.  If it raises the issue that the Dominion voting systems were not fully secure it raises "doubt" that the election results were accurate.  The election does not have to be overturned for Fox to prevail.  

Also as said, you have no idea what may show up in the discovery process.  When you are forced to give access to your company records, you never know what secrets may be discovered.   The entire process of discovery in a lawsuit is full of perils for both sides. 

As noted, your post rests on a big "If".  What makes you think that the Dominion voting systems can be better analyzed by Fox than by Dominion and its many customers?  Also, if some obscure bug is found without any evidence that it was exploited, or could be exploited, why would that put the election in question for any rational person?

 

I can't argue with yous second paragraph.  The situation Fox News is in is proof of it.

Edited April 7, 2023 by heybruce

[Longwood50]

On 4/7/2023 at 9:05 AM, heybruce said:

As noted, your post rests on a big "If".  What makes you think that the Dominion voting systems can be better analyzed by Fox than by Dominion and its many customers?  Also, if some obscure bug is found without any evidence that it was exploited, or could be exploited, why would that put the election in question for any rational person?

Yes it is based on a supposition.  My point is when you give a legal team access to your corporate records, you have 'RISK"  Should they find anything that suggests that the Dominion Voting machines are vulnerable, it both destroys their suit against Fox, and it destroys their reputation.  

Which part of that is too complicated for you? 

[Longwood50]

On 4/7/2023 at 8:59 AM, Chomper Higgot said:

What’s not in dispute is FOX’s campaign of lies.

As Stalin said.  It matters precious little who votes.  It matters only who counts the vote. 

Same with the Truth.  It matters only who determines what the truth is, and candidly, I would sure not bet my life on your version. 

[ozimoron]

21 minutes ago, Longwood50 said:

Yes it is based on a supposition.  My point is when you give a legal team access to your corporate records, you have 'RISK"  Should they find anything that suggests that the Dominion Voting machines are vulnerable, it both destroys their suit against Fox, and it destroys their reputation.  

Which part of that is too complicated for you? 

Dominion's voting machines were never connected to the internet. The software would have been compiled and therefore not human readable. Furthermore the software would be programmed onto a chip. It then has a checksum code. If somebody had managed to get to any machine and reprogram the chips the checksum would betray that.

 

Poker machines are programmed in exactly the same way. The machines were not vulnerable.

[placeholder]

I got some exciting news for you. The judge has already ruled that the allegations about Dominion's voting system were clearly false. And the trial will not be conducted with that as an issue. Is that too complicated for you? Read below your quoted comments for further elucidation.

 

On 4/6/2023 at 4:40 PM, Longwood50 said:

Things like this have a tendency to have unintended consequences.  Fox will be able to through discovery obtain some pretty secretive information on the Dominion voting system and if it does have any vulnerabilities.  

 

On 4/7/2023 at 8:55 AM, Longwood50 said:

I disagree.  If it raises the issue that the Dominion voting systems were not fully secure it raises "doubt" that the election results were accurate.  The election does not have to be overturned for Fox to prevail.  

Also as said, you have no idea what may show up in the discovery process.  When you are forced to give access to your company records, you never know what secrets may be discovered.   The entire process of discovery in a lawsuit is full of perils for both sides. 

 

On 4/8/2023 at 11:33 AM, Longwood50 said:

Yes it is based on a supposition.  My point is when you give a legal team access to your corporate records, you have 'RISK"  Should they find anything that suggests that the Dominion Voting machines are vulnerable, it both destroys their suit against Fox, and it destroys their reputation.  

Which part of that is too complicated for you? 

 

 

Fox News’ Claims About Dominion Were False, Judge Rules—But Leaves Election Defamation Issue Up To Trial

Fox News and Dominion Voting Systems are set to go to trial in their contentious $1.6 billion lawsuit over defamation claims after a judge declined to rule sooner Friday—but while the judge in the case left it up to a jury to decide if Fox committed defamation, he ruled claims made on the network about 2020 election fraud involving Dominion voting machines were clearly false...

The evidence in the case “demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true,” Davis wrote, and found that Fox’s behavior constituted defamation per se, meaning the statements exposed the company “to public contempt, hatred, ridicule, aversion, or disgrace.”

Davis didn’t rule now on the question of “actual malice”—which would mean Fox made the statements knowing they were false—because he said there were “multiple genuine issues” involving the facts in the case on that, which should be left up to a jury to decide.

https://www.forbes.com/sites/alisondurkee/2023/03/31/fox-news-claims-about-dominion-were-false-judge-rules-but-leaves-election-defamation-issue-up-to-trial/?sh=58ed9e9874ea

[candide]

2 hours ago, Longwood50 said:

Yes it is based on a supposition.  My point is when you give a legal team access to your corporate records, you have 'RISK"  Should they find anything that suggests that the Dominion Voting machines are vulnerable, it both destroys their suit against Fox, and it destroys their reputation.  

Which part of that is too complicated for you? 

So Fox News would have evidence suggesting the machines were vulnerable, and would not have displayed them or submitted them to the court? That would be incoherent.

[placeholder]

8 minutes ago, candide said:

So Fox News would have evidence suggesting the machines were vulnerable, and would not have displayed them or submitted them to the court? That would be incoherent.

Anyway, as the evidence I linked to show, the judge has already ruled that there is no factual basis for questioning the validity of the Dominion voting machines. The issue is going to be one of intent. Whether Fox acted with actual malice or reckless regard for the truth towards Dominion.

[heybruce]

3 hours ago, Longwood50 said:

Yes it is based on a supposition.  My point is when you give a legal team access to your corporate records, you have 'RISK"  Should they find anything that suggests that the Dominion Voting machines are vulnerable, it both destroys their suit against Fox, and it destroys their reputation.  

Which part of that is too complicated for you? 

It's not too complicated.  I just consider it an extreme long-shot, while you post your conjecture as if it were a realistic possibility.  As recent posts have indicated, the extreme long-shot seems to have become a fantasy.

[heybruce]

3 hours ago, Longwood50 said:

As Stalin said.  It matters precious little who votes.  It matters only who counts the vote. 

Same with the Truth.  It matters only who determines what the truth is, and candidly, I would sure not bet my life on your version. 

Don't beat around the bush:  Are you saying that the Fox News pundits giving so much time to election deniers weren't lying?

[Longwood50]

19 hours ago, heybruce said:

Don't beat around the bush:  Are you saying that the Fox News pundits giving so much time to election deniers weren't lying?

What I am saying is they had ample reason to question the validity of the election. 

You had a man so unpopular he could not win his own parties nomination twice.  Yet somehow the man reportedly got 8 million more votes than the previous record held by Barack Obama. Obama  did that by winning at the time what was THE ALL TIME LOW in terms of counties won 689.  Biden now won only 477.  So it is perfectly reasonable to question how a person so unpopular could win 30% fewer counties but end up with 10% more votes than the all time record.  Now is it possible?  Yes if you believe that virtually everyone in those counties voted for Biden. 

If you recall Fox was also accused of covering up the Russia Trump collusion which of course we now know was based on a dossier that the DNC and Hillary Clinton paid for.  We also know that Fox was lambasted for suggesting that the Trump campaign headquarters had been bugged.  We now know that is true.  

What I did say, was that Dominion by bringing suit puts its entire corporate records into play.  Fox is now allowed to go into those records and ascertain based on the Plaintiffs own records if it knew of any vulnerabilities to its system.  Such discovery by the court has its perils since you never know what it might uncover. 
 

[Misty]

32 minutes ago, Longwood50 said:

You had a man so unpopular he could not win his own parties nomination twice. 

There's no doubt that the primary system is messed up.  Trump could win his party's nomination in 2024, despite all the headwinds, criminal cases, etc.  If he does, it won't be because Trump is "popular".   Make no mistake, Biden won both the electoral and the popular vote in 2020, and has a wide following among moderates.

 

"Joe Biden defeated Donald Trump 306-232 in the Electoral College and had a 4-point margin in the popular vote." https://www.pewresearch.org/politics/2021/06/30/behind-bidens-2020-victory/

 

[placeholder]

58 minutes ago, Longwood50 said:

What I am saying is they had ample reason to question the validity of the election. 

You had a man so unpopular he could not win his own parties nomination twice.  Yet somehow the man reportedly got 8 million more votes than the previous record held by Barack Obama. Obama  did that by winning at the time what was THE ALL TIME LOW in terms of counties won 689.  Biden now won only 477.  So it is perfectly reasonable to question how a person so unpopular could win 30% fewer counties but end up with 10% more votes than the all time record.  Now is it possible?  Yes if you believe that virtually everyone in those counties voted for Biden.
 

You believe factoids count as serious evidence? Get back to us with the total population of those counties, or the total number of registered voters in each of those counties, and compare that to the total populations of all the rest of the counties that went for Trump. Trump was strongest in rural areas which counties with a far lower population. Los Angeles county, which went overwhelmingly for Biden,, alone has a population of 10 million people. I honestly don't understand how anyone can have so little grasp of reality as not to account for this glaringly obvious factor.

[bamnutsak]

I still think Fox will settle before the trial starts, but after the jury is selected (at this point).

 

The question is, does Dominion want to settle, and what terms would they require?

 

Presonally I'd demand a 7/24/265 continuously repeating chyron with the words: "We're lying sacks of excrement so believe us at your peril." And the occasional "Joe Biden won the 2020 election, so move on with your lives."

 

[ozimoron]

1 minute ago, bamnutsak said:

I still think Fox will settle before the trial starts, but after the jury is selected (at this point).

 

The question is, does Dominion want to settle, and what terms would they require?

 

Presonally I'd demand a 7/24/265 continuously repeating chyron with the words: "We're lying sacks of excrement so believe us at your peril." And the occasional "Joe Biden won the 2020 election, so move on with your lives."

 

I read somewhere that Dominion doesn't want to settle. I think they would have by now. Settling would mean Fox would get some kind of agreement that lets them off the hook for the lies. Dominion don't want that. They will get their money anyway. Also, presumably Fox would escape penalties which should be a lot more than Dominion is seeking in damages alone.

[heybruce]

23 minutes ago, ozimoron said:

I read somewhere that Dominion doesn't want to settle. I think they would have by now. Settling would mean Fox would get some kind of agreement that lets them off the hook for the lies. Dominion don't want that. They will get their money anyway. Also, presumably Fox would escape penalties which should be a lot more than Dominion is seeking in damages alone.

Dominion's reputation as a vendor of election machines is at stake, and without a solid reputation in that field the company is worthless.  Dominion can't afford to settle.

 

Dominion knows this, which is why Longwood's suggestion that Fox might find something in their discovery process is unlikely.  Dominion wouldn't have gone this far if it weren't confident about its systems.

Edited April 9, 2023 by heybruce