In a historic defamation settlement, Fox News has agreed to pay Dominion Voting Systems $787.5 million, acknowledging, at least in a limited fashion, the promotion of false claims related to the 2020 election. The settlement marks a significant price for Fox News’ falsehoods but also calls attention to the broader implications of misinformation in the political sphere. Meanwhile, there has been increased scrutiny this week of the “fake Trump electors” in Georgia, who falsely claimed to be legitimate presidential electors in an attempt to overturn the 2020 election results. Finally, questions continue about Clarence Thomas’ undisclosed gifts while serving on the Supreme Court, as Senate Democrats suggest investigations.
Here’s what you need to know for the weekend:
Main Points for the Weekend:
1. Fox News pays $787.5m in historic defamation settlement with Dominion Voting Systems, admits it made false claims
Fox News has agreed to pay an unprecedented $787.5 million to settle a defamation lawsuit brought forth by Dominion Voting Systems. The lawsuit centered around the network’s promotion of false claims related to the 2020 election, which had the potential to significantly damage the reputation and credibility of Dominion. By reaching a settlement, Fox News avoided a protracted and potentially embarrassing trial that could have exposed the network’s internal dysfunction and shed light on the inner workings of the influential conservative media outlet. The $787.5 million settlement, one of the largest in defamation case history, compelled Fox News to admit that it had made “certain claims” about Dominion that were false.
- Top point to make: While it is a positive step that Fox News is paying a significant price for its lies about the 2020 election, it is crucial to recognize that this is just one aspect of achieving justice for the broader harm caused by the network’s misinformation. Full accountability and transparency are essential in addressing the consequences of Fox News’ actions, which extend far beyond their false claims about Dominion. It is imperative that we, as a nation, demand accountability for the role Fox News has played in creating a divisive environment that has led to violence, fear, and a loss of trust in democratic institutions.
- If you read one thing: Politico, 4/18/23: Why Fox News had to settle the Dominion suit: Lawyers for Dominion announced that Fox News (and parent company Fox Corporation) had agreed to settle the case for $787.5 million — less than half of Dominion’s claim for $1.6 billion in damages but nevertheless a historic rebuke for the influential conservative media outlet. The massive payout reflects the fact that Dominion had put together a strong case that Fox had acted with “actual malice,” a high bar under defamation law that has historically been difficult for plaintiffs suing media outlets to satisfy. Dominion’s considerable success in this case indicates that Fox acutely understood that there was a high risk that the jury would side with Dominion on this crucial legal point. The settlement also spares the network from weeks of embarrassing testimony that would have put the widespread internal dysfunction at Fox News on full public display.
2. “Fake Trump electors” incriminate each other in probes of Trump’s attempt to subvert democracy in Georgia
So-called “fake Trump Electors,” who falsely claimed to be Georgia’s legitimate presidential electors in an attempt to overturn the 2020 election results, are now facing scrutiny from Fulton County District Attorney Fani Willis. Reportedly, some of these individuals are implicating one another in potential criminal activity. In a filing, Willis’ office notes “some of the electors stated that another elector represented by Ms. Debrow committed acts that are violations of Georgia law and that they were not party to these additional acts.” Indictments are anticipated in this case against a variety of individuals, from Georgia GOP Chairman David Shafer and the fake electors to Trump advisors, such as Rudy Giuliani and Sidney Powell, and potentially even former President Donald Trump himself.
- Top point to make: Donald Trump’s attempt to subvert Joe Biden’s legitimate victory in the 2020 election is an indelible stain on American history, and the effort to unlawfully grant Trump Georgia’s electoral votes stands as a major component of this disgraceful episode. The fake electors scheme, which aimed to manipulate the outcome of the 2020 election through certification by Republican governors, was a complex and audacious plot that must be fully exposed and punished in order to rebuild trust in our democratic norms.
- If you read one thing: CNN, 4/19/23: Fulton County DA says fake Trump electors are incriminating one another and wants lawyer disqualified: The Fulton County District Attorney’s office said some fake electors for Donald Trump have implicated each other in potential criminal activity and is seeking to disqualify their lawyer, according to a new court filing.The district attorney’s office is requesting that attorney Kimberly Bourroughs Debrow be disqualified from representing a group of 10 Republicans who served as electors for the former president in Georgia – a state Trump lost to President Joe Biden. The DA’s office also accused the lawyer of failing to present an immunity deal to her clients last year, according to the filing.The new filing offers the latest indication that immunity offers could still be in the works months after Fulton County District Attorney Fani Willis suggested charging decisions were “imminent.”
3. Senators urge investigation into Justice Thomas’ undisclosed real estate deals with a donor
Democratic senators are demanding an investigation into Supreme Court Justice Clarence Thomas’ undisclosed real estate transactions with Harlan Crow, a prominent Republican donor and Dallas business executive. ProPublica recently reported that Thomas failed to disclose the sale of three properties in Savannah, Georgia, to Crow in 2014, as required by federal law. Amid mounting criticism, Thomas plans to amend his financial disclosure forms to reflect the transactions, claiming the omission was an oversight. On Thursday, the Senate invited Supreme Court Chief Justice Roberts to testify about Thomas’ conduct. Critics argue that Thomas should follow the precedent set by former Supreme Court Justice Abe Fortas, who resigned amidst a financial scandal, in order to preserve the integrity of the court.
- Top point to make: The integrity and legitimacy of our judicial system are paramount to the functioning of our democracy. To maintain public confidence, it is essential that the highest court in the land operates transparently and honestly. Thomas’ decision to amend his financial disclosure forms is a step towards transparency, but ultimately we need a thorough investigation into Thomas’ conduct to ensure the highest standards of ethics and transparency are maintained in our judiciary. Accordingly, it is reassuring to see our representatives and senators asking questions and taking these matters seriously.
- If you read one thing: Guardian, 4/20/23: Judicial record undermines Clarence Thomas defence in luxury gifts scandal: Earlier this month, the supreme court justice Clarence Thomas put out a statement in which he addressed the storm of criticism that has engulfed him following the blockbuster ProPublica report that revealed his failure to disclose lavish gifts of luxury vacations and private-jet travel from a Texan real estate magnate.The justice, who is the longest-serving member of the nation’s highest court and arguably its most staunch conservative, insisted he had taken advice that “this sort of personal hospitality from close personal friends” did not have to be reported under federal ethics laws. He emphasized that the friend in question “did not have business before the court”. But a close look at Thomas’s judicial activities from the time he became friends with Crow, in the mid-1990s, suggests that the statement might fall short of the full picture.
Expert Voices
NEW: Center for American Progress Report: Michael Sozan and William Roberts: “This report explores the imperative to hold Trump and those who were found to have aided and abetted him at the federal and state level accountable, recommending specific actions that law enforcement authorities and other entities should take.” CAP Report: Trump and His Allies Must Be Held Accountable for the January 6 Insurrection
Maricopa County Recorder Stephen Richer (R), a top election official in Arizona’s largest county, re: Fox-Dominion Settlement: “There are people who are so committed to the perpetuation of this [election denial and fraud] narrative that it won’t die completely…There are organizations, candidates, fundraisers who this has been their life for a few years, and one settlement isn’t going to make them probably throw away their entire business model.” The Washington Post
Richard L. Hasen, a law professor at the University of California at Los Angeles and director of the Safeguarding Democracy Project: “‘We shouldn’t think that defamation suits are going to solve our problems with mass disbelief in the fairness of the 2020 election’…Hasen said Fox News and other outlets are ‘going to be less likely to make statements about individuals or companies who could be defamed.’ But the need to keep viewership high could lead to decision-making driven more by ratings than truth, as illustrated by documents — released as part of the lawsuit — that showed an all-out push to stay on top of smaller right-wing cable network Newsmax. ‘So you can imagine them still at least allowing guests to push election conspiracy theories so long as they don’t defame identifiable people’.” The Washington Post
David Becker, executive director of the Washington-based Center for Election Innovation and Research: “The entire disinformation landscape is massive, and this [Fox-Dominion] lawsuit really demonstrated exactly how massive it is because of what it didn’t cover. It didn’t cover any of the lies about election officials or mail voting or drop boxes or any of the specific conspiracy theories around bamboo ballots and German servers and Italian satellites…The continued spreading of lies on social media by people who profited from the lies for so long and even candidates themselves, that’s ongoing[.]” The Washington Post
Jeffrey Blevins, a misinformation expert and University of Cincinnati journalism professor: “predicted that news networks ‘will be more careful.’ ‘I think they’ll get more savvy about how they cover [baseless claims], but I still think they’re going to give platforms to those,’ he said. ‘If I had to guess, I would think the conspiracy theorists would move on to something else. Maybe the culprit won’t be voting machine companies next time, but individual people. Those individuals don’t have the resources to fight them in court.’” The Washington Post
