Dominion voting machines demands pro-Trump attorney Sidney P

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Re: Dominion voting machines demands pro-Trump attorney Sidn

Postby admin » Sun Mar 28, 2021 4:10 am

Fox News Sued By Dominion Voting For Defamation Over Election Conspiracy
by Alison Durkee
Forbes Staff
Mar 26, 2021,06:44am EST
Updated Mar 26, 2021, 10:01am EST

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TOPLINE

Dominion Voting Systems filed a $1.6 billion defamation lawsuit Friday against Fox News taking aim at the network for spreading false claims about its voting machines to improve its ratings, marking the fourth lawsuit the voting company has filed over a false election fraud conspiracy theory involving the machines that has gained traction on the far right.

KEY FACTS

• Dominion’s voting machines are at the heart of a right-wing conspiracy theory alleging they fraudulently flipped votes from then-President Donald Trump to Joe Biden, which there is no credible evidence to support but has been pushed by Trump allies, including on Fox News.

• “Fox set out to lure viewers back—including President Trump himself—by intentionally and falsely blaming Dominion for President Trump’s loss by rigging the election,” the lawsuit, filed in state court in Delaware, alleges.

• “At a minimum, Fox recklessly disregarded the truth” about its machines, Dominion alleges, noting that while some broadcasters on the network did call out the conspiracy theory as unsubstantiated, those statements “make Fox’s actions worse” by showing how the network pushed the claims despite knowing they were false.

• Dominion alleges the false election fraud narrative was beneficial to Fox’s ratings and bottom line, noting Fox Corporation’s stock had “rebounded to its pre-election value” after a month of promoting the voting machine claims.

• The lawsuit takes aim at claims spread on the network by such anchors as Maria Bartiromo, Lou Dobbs and Sean Hannity but does not name them as defendants, with attorneys saying on a press call Friday, “Ultimately, the buck stops with Fox.”

• Dominion sent multiple letters to Fox News asking them to retract their false election claims, but allege the network did not respond and instead “double[d] down” on the conspiracy theory, going “right back on the attack against Dominion” on Jeanine Pirro’s program the day after the first letter was sent.

CRUCIAL QUOTE

“The truth matters. 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,” the lawsuit alleges. “If this case does not rise to the level of defamation by a broadcaster, then nothing does.”

CHIEF CRITIC

“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,” the company said in a statement to Forbes.

KEY BACKGROUND

The lawsuit follows previous Dominion lawsuits against pro-Trump attorneys Sidney Powell and Rudy Giuliani and MyPillow CEO Mike Lindell, and comes after Smartmatic also sued Fox News and several of its anchors—as well as Powell and Giuliani—regarding claims against their machines. (Fox News has moved to dismiss the Smartmatic lawsuit and denied those allegations as well.) The false election claims have significantly impacted Dominion’s business, the company alleges, noting that states have backed down from contracts with the company over the effect of the election fraud theory. Dominion alleges state legislators in states including Arizona, California, Colorado, Florida, Michigan, Ohio and Pennsylvania have all expressed a desire to “reassess” their contracts with Dominion. “They have done so because of pressure from constituents and donors as a direct result of the lies peddled by Fox,” the company said in the lawsuit.

WHAT TO WATCH FOR

Dominion is expected to file additional defamation suits against others who have spread the election conspiracy theory, including potentially other right-wing media networks like Newsmax and One America News. Though the company did not name any of Fox’s individual anchors in the lawsuit, it has sent letters to many of them demanding they retract their claims, and attorneys told reporters Friday they were still exploring whether to bring subsequent lawsuits against specific anchors.

****************************

After Lawsuit Against Fox News, Here's Who Dominion Has Sued So Far -- And Who Could Be Next
by Alison Durkee
Forbes Staff
Mar 26, 2021,01:10pm EST

TOPLINE Dominion Voting Systems sued Fox News Friday accusing the network of defamation, in the fourth lawsuit it has filed over baseless election fraud claims about the company’s voting machines. Here’s everyone who has been sued so far, and who could face litigation next:

KEY FACTS

• Denver-based Dominion filed a $1.6 billion lawsuit against Fox News alleging the network had knowingly spread false news about its machines to improve failing ratings, saying they had “set out to lure viewers back...by intentionally and falsely blaming Dominion” for President Donald Trump’s loss.

• The company filed its first lawsuit in January against pro-Trump attorney Sidney Powell, who has been the most prominent person spreading the fraud claims, seeking $1.3 billion in damages.

• It filed suit later in the month against Trump attorney Rudy Giuliani, alleging he used the conspiracy theory about Dominion’s machines to personally “enrich himself” while knowing the claims were false.

• Dominion made similar allegations against MyPillow CEO Mike Lindell, suing the businessman and his company in February and claiming Lindell “sells the lie” involving the company’s voting machines “because the lie sells pillows.”

• Dominion has identified more than 150 people as potential targets of litigation, and it has sent letters to preserve evidence and warning of potential litigation to Newsmax, One America News and right-wing figures including pro-Trump attorney Lin Wood, Fox News anchors and Melissa Carone, who Giuliani has promoted as a witness to supposed voter fraud efforts.

• The company sent letters to social media networks in February asking them to preserve posts from Trump and his campaign, as well as from Trump allies including former Trump advisor Michael Flynn, Fox anchor Jeanine Pirro, Trump campaign attorney Jenna Ellis and far-right political commentator Dan Bongino.

Dominion’s attorneys told reporters Friday the company is continuing to investigate claims made against it by other individuals and media networks on the right, and they anticipate more lawsuits may be coming. “I don’t think this is gonna be the last lawsuit filed,” attorney Stephen Shackelford said. Though the company named only Fox News as a defendant in their lawsuit Friday and not individual anchors like Maria Bartiromo, Lou Dobbs and Sean Hannity who spread the claims, Dominion’s counsel said they “have not ruled out” bringing subsequent lawsuits against individual Fox personalities. The company has also not ruled out suing other media outlets like Newsmax and OAN.

CHIEF CRITICS

Those sued have largely remained defiant: Fox News said in a statement Friday the company “is proud of our 2020 election coverage” and would “vigorously defend” themselves against the litigation, Giuliani said the lawsuit against him was “another act of intimidation by the hate-filled left-wing” and Lindell said he “welcomed” Dominion’s lawsuit, telling Forbes before it was filed, “Dominion, please sue me.” Powell’s attorneys filed a motion to dismiss her lawsuit this week, which alleged her statements about the company should not be taken seriously and “reasonable people would not accept such statements as fact.” It is a “well recognized principle that political statements are inherently prone to exaggeration and hyperbole,” Powell’s attorneys argued.

KEY BACKGROUND

Dominion’s voting machines are at the heart of a right-wing conspiracy theory alleging they were used to fraudulently flip votes from Trump to Joe Biden, which is not substantiated by evidence. Dominion says that the claims have substantially hurt its business and put its employees in danger. The voting company controls about 30% of the U.S. market, according to data cited by ProPublica in 2019—making it the second-largest business of its kind in the country—and said in its Fox News lawsuit that it has contracts with 28 states. Business analytics firm Dun & Bradstreet estimated the company’s 2021 annual revenue will be $40.15 million, though the company alleges it has lost out on state contracts over concerns raised by constituents and Republican lawmakers about the fraud claims, including a $10 million contract in Stark County, Ohio, and a $100 million contract in Louisiana.

TANGENT

In addition to Dominion, rival voting company Smartmatic has also filed a $2.7 billion lawsuit against Powell, Giuliani, Fox News and several of its anchors. Fox News and its personalities have similarly denied the claims in that lawsuit and filed motions to dismiss.
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Re: Dominion voting machines demands pro-Trump attorney Sidn

Postby admin » Sun Mar 28, 2021 4:33 am

Sidney Powell gives up the game, admits Trump’s election conspiracies weren’t factual: In response to Dominion’s defamation lawsuit, Powell’s lawyers say “reasonable people” wouldn’t buy her claims.
by Aaron Rupar@atrupar
Vox.com
Mar 23, 2021, 2:25pm EDT

NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT

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In response to Dominion’s defamation lawsuit, Powell’s lawyers say “reasonable people” wouldn’t buy her claims.

As a former Trump campaign lawyer, Sidney Powell did more than perhaps anyone to push the big lie that President Joe Biden’s victory over Donald Trump in last November’s presidential election was the result of fraud involving Dominion Voting Systems machines. Now, however, lawyers representing her have acknowledged that the “big lie” is, in fact, just that.

Powell faces a $1.3 billion defamation lawsuit from Dominion because of her false claims, and on Monday her lawyers offered her defense: that “no reasonable person would conclude that the statements” Powell made about election fraud “were truly statements of fact.”

“Indeed, Plaintiffs themselves characterize the statements at issue as ‘wild accusations’ and ‘outlandish claims.’ They are repeatedly labelled ‘inherently improbable’ and even ‘impossible,’” Powell’s lawyers add. “Such characterizations of the allegedly defamatory statements further support Defendants’ position 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.”

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Zoe Tillman
@Zoe Tillman
Sidney Powell has moved to dismiss Dominion's defamation lawsuit. She argues that when she accused Dominion of being part of an election-rigging scheme with ties to Venezuela, "no reasonable person would conclude" those "were truly statements of fact"

https://assets.documentcloud.org/docume ... nding-the-DEFENDANTS' MOTION TO DISMISS
1:49 pm Mar 22, 2021


Indeed, Powell’s conspiracy theories were wild and outlandish.

During an infamous November 19 news conference, for instance, she asserted that there was a “globalist” conspiracy to take down Trump — improbably involving the late Venezuelan dictator Hugo Chávez — and asserted that “in the middle of the night, after they’ve supposedly stopped counting, and that’s when the Dominion operators went in and injected votes and changed the whole system.”

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Aaron Rupar
@atrupar
Replying to @atrupar
"In the middle of the night, after they've supposedly stop counting, and that's when the Dominion operators went in and injected votes" -- the conspiracy theories about "globalists dictators" being pushed by Sidney Powell would make Alex Jones blush. They are absolutely insane.
11:30 AM Nov 19, 2020


There was just one problem for Powell: She was never able to produce a shred of evidence for her claims.

On the contrary, election officials on both sides of the aisle, and Trump administration officials like Attorney General Bill Barr, admitted that Biden’s victory over Trump was the product of a free and fair election. And the outlandishness of her conspiracy theories seemed to be a bit much even for Rudy Giuliani, who during a Newsmax interview in December distanced Trump’s legal team from Powell and said her arguments go beyond “the bounds of rationality, common sense, and the law.”

But as the legal challenges to the election that Powell and other lawyers filed on behalf of Trump failed one by one, Trump not only didn’t join Giuliani in distancing himself from Powell, but reportedly considered appointing her as special counsel to investigate the very unfounded claims of election fraud she was pushing.

That plan didn’t pan out, and in the days after the January 6 insurrection at the US Capitol, Dominion began taking legal action against those who pushed lies about its voting systems, including Powell, Giuliani, MyPillow CEO Mike Lindell, Fox News, and Newsmax.

“Dominion brings this action to set the record straight,” lawyers representing Dominion wrote in the suit against Powell, adding later: “There are mountains of direct evidence that conclusively disprove Powell’s vote manipulation claims against Dominion — namely, the millions of paper ballots that were audited and recounted by bipartisan officials and volunteers in Georgia and other swing states, which confirmed that Dominion accurately counted votes on paper ballots.”

Powell’s legal filing suggests her money was never where her mouth was.

And yet the big lie lives on

While Powell’s attorneys were quietly acknowledging that her conspiracy theories aren’t true, Trump was on Fox News pushing the big lie with impunity.

“Look, we won the election, as far as I’m concerned. We had a great election. We had almost 75 million votes,” he said on Tuesday.


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Aaron Rupar
@atrupar
Replying to @atrupar
Trump pushes the big lie live on Fox News, gets no pushback from Harris Faulkner
8:13 AM Mar 22, 2021


Trump wasn’t challenged to back up his claims, but it is notable that there’s been a change in his approach when talking about the election, and one that was apparent in his Fox News appearance.

When the former president has tried to make a case that the election was stolen from him in recent weeks, he’s no longer made claims about votes being changed. Instead, he’s argued that pandemic-related changes to state election laws were unconstitutional — arguments that were rejected in courtroom after courtroom when Trump’s lawyers made them, including by judges he appointed.

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Aaron Rupar
@atrupar
Replying to @atrupar
hard to imagine that courts didn't find this argument persuasive
3:53 PM Feb 28, 2021


Despite this shift, Trump ultimately hasn’t repudiated his false claims, as Powell appears to be doing. And as baseless as it may be, the big lie not only lives on in Trump’s new narrative but is giving Republicans in states like Georgia and Arizona that Trump narrowly lost a pretext to try to make it harder for people to vote.

Powell is reviving the Tucker Carlson defense

Powell’s court filing represents the second time in recent months that a prominent Trumpworld figure has acknowledged in a court of law that they are full of it. Fox News did much the same thing to defend host Tucker Carlson against a defamation lawsuit brought by Karen McDougal, a woman who claims to have had an affair with Trump.

As Aaron Blake explains for the Washington Post:

When Carlson accused Karen McDougal of extorting former president Donald Trump over her claims of an affair, McDougal filed suit against him. Fox News’s defense was that a “reasonable viewer” would not accept such claims as fact because of the tenor of Carlson’s show. And a judge agreed, dismissing the case.


It remains to be seen whether Powell’s strategy will be similarly successful. But her filing makes it clearer than ever that Trump allies’ attempt to overthrow the 2020 election was a naked power grab based on a pack of lies.
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Re: Dominion voting machines demands pro-Trump attorney Sidn

Postby admin » Sun Mar 28, 2021 4:57 am

Dominion Voting Defamation Lawsuit Against Fox News: Federal Action is Needed to Stop False News
Mar 27, 2021
by Glenn Kirschner



Billion-dollar defamation suits continue to mount against Fox News. Dominion Voting Systems is the lasted plaintiff to sue Fox for defamation. Fox's litigation position will be challenging given that one of its marquee guests, Sidney Powell, has also been sued for defamation and has admitted in her reply to the suit that "reasonable people" would not have credited what she said.

The federal government needs to take on news organizations that peddle fiction as fact. Here is how the government can regulate and legislate in this arena while honoring First Amendment protections of free speech and a free press.
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Re: Dominion voting machines demands pro-Trump attorney Sidn

Postby admin » Sun Mar 28, 2021 9:39 pm

Sidney Powell on Being Sued by Dominion
by Saturday Night Live - SNL

Mar 27, 2021



Sidney Powell stops by Weekend Update to discuss being sued for defamation by Dominion for making false voter fraud claims during the 2020 Election.
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