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Fox Settles With Dominion: There Was Gambling At Cafe Rick’s Casino

The nuts and graphs are here courtesy of the New York Times:

“The judge in the Fox News defamation case said on Tuesday that the case was resolved, abruptly ending a long-running dispute over misinformation in the 2020 election just as a highly anticipated trial was about to begin.

It was a last-minute end to a case that began two years ago and after the disclosure of hundreds of thousands of pages of documents that peeled back the curtain on a media company that has long resisted outside scrutiny. The settlement included a $787.5 million payment from Fox, according to Justin Nelson, a lawyer for Dominion.

“The truth matters. Lies have consequences,” he said outside the courthouse. “Over two years ago, a torrent of lies swept Dominion and election officials across America into an alternative universe of conspiracy theories causing grievous harm to Dominion and the country.”

Dominion had originally sought $1.6 billion in damages. Fox Corporation said in a statement that “we acknowledge the court’s rulings finding certain claims about Dominion to be false.”

It added: “We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues.”

The agreement was reached a few hours after a jury in Wilmington, Del., was selected on Tuesday, just as opening statements were expected to begin. Lawyers for both sides had been preparing to make their cases to the jury, their microphones clipped to their jacket lapels.

The sudden settlement means no high-profile Fox figures — including those who privately expressed concerns about the veracity of claims being made on its shows — will have to testify. The expected witness list had included Fox executives, including Rupert Murdoch, the chairman of Fox Corporation, and the hosts Tucker Carlson, Sean Hannity and Maria Bartiromo.

It was the latest extraordinary twist in a case that had promised to be one of the most consequential against a media organization in a generation.

The trial had been expected to be a major test of the First Amendment, raising questions about whether defamation law adequately protects victims of misinformation campaigns.

While the settlement avoids a lengthy trial, it still results in a rare instance of accountability for attempts to delegitimize President Biden’s victory. Few people or organizations have faced legal ramifications for claims related to electoral fraud that were brought by former President Donald J. Trump or his supporters.

Dominion sued Fox in early 2021, arguing that its reputation was badly damaged when Fox repeatedly aired falsehoods about its voting machines. Fox denied wrongdoing, saying that it had merely reported on newsworthy allegations that were coming from Mr. Trump and his lawyers and that it was protected in doing so by the First Amendment.

Judge Eric M. Davis had previously ruled that statements Fox had aired about Dominion were false, and functionally limited some of its potential defenses by deciding that its lawyers could not argue that it broadcast false information on the basis that the allegations were newsworthy.

At trial, a jury would have been tasked with answering the question of whether Fox had acted with “actual malice” — a legal standard meaning it had knowingly broadcast lies or had recklessly disregarded obvious evidence that the statements were untrue.”

Personally, I am shocked to find such gambling here in Ricks Cafe. Or not so much. Am feeling pretty good about my post yesterday morning.

I’ll leave it at that for now. Who could have known?

And for the inevitable dopes that will wander in to say “Ohhh, this was not enough!”, or “Ohhh there needed to be more admission and contrition!”, please stop. This was a fine and appropriate settlement. This case was NEVER about you and your politics, it was a jury trial case, which was NEVER going to be about you. Stop now.

McCain’s Foxy Insta-Republicans

I just voted.

Yeah!

After I voted, I came home and looked at who else has voted nationally–14% of the electorate so far, and that’s not including my vote (which technically doesn’t get "counted" until election night). 

And looking at those numbers, I gotta believe the folks at Fox–who just switched their likely voter model to jimmy up a poll that showed McCain closing–are smoking crack.

Fox would have you believe that the electorate will be made up of 41% Democrats and 39% Republicans. What’s even more crack-worthy is that they suggest the make-up of the election has changed in the last week; last week, they said the electorate would be made up of 43% Democrats and 37% Republicans.

So here’s what has been happening in the interim time frame (most numbers are rounded except for Colorado):

Colorado: 52.3% of voters (based on 2004 numbers) have voted. Of the early voters 38.6% are Democrats; 37.9% are Republicans.

Florida: 33% of voters (based on 2004 numbers) have voted. Of the early voters 45% are Democrats; 39% are Republicans.

Iowa: 26% of voters (based on 2004 numbers) have voted. Of the early voters 48% are Democrats; 29% are Republicans.

Louisiana: 14% of voters (based on 2004 numbers) have voted. Of the early voters 58% are Democrats; 28% are Republicans.

Maine: 17% of voters (based on 2004 numbers) have voted. Of the early voters 44% are Democrats; 28.5% are Republicans.

Nevada’s Washoe County (Reno–a swing county): 43% of voters (based on 2004 numbers) have voted. Of the early voters 50% are Democrats; 34% are Republicans.

North Carolina: 52% of voters (based on 2004 numbers) have voted. Of the early voters 53% are Democrats; 29% are Republicans. (In 2004, early voting split 47% Democrats; 37% Republicans.)

West Virginia: 12.5% of voters (based on 2004 numbers) have voted. Of the early voters 59% are Democrats; 31.5% are Republicans.

Of all these swingy and right-leaning states, only Colorado shows Republican and Democratic turnout to be close. Only Florida shows Republicans performing as well as Fox says they will, across the whole election. And some of these numbers–particularly North Carolina and Iowa–show breath-taking leads right now for Democrats. 

I realize that it’s still possible that Republicans will flock to the polls in droves on Tuesday and these numbers will even out. But these numbers do provide proof that Democrats are voting. Republicans? Not so much. 

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Fox Discovers Filipino Monkey

Think Progress watches Fox so I don’t have to–and so bmaz can have some fun.

Today, a week after his call for war with Iran, Brian Kilmeade was forced to concede that the verbal threats made against the U.S. ships are “a possible hoax from a man called the ‘Filipino Monkey.’” Kilmeade’s co-host Gretchen Carlson claimed that she knew it all along. “I remember sitting in my office thinking, you gotta be kidding me? That voice does not sound to me like an Iranian accent.” She didn’t say that on-air, however, prior to this morning.

Kilmeade’s other co-host, Steve Doocy, piped in with this comment:

DOOCY: But can you imagine, had we blown those little boats out of the water to find out, you know, that they didn’t have bombs and in fact it was the Filipino Monkey who was somewhere on shore pulling a prank?

[snip]

Carlson wrapped up the segment by stating, “Let’s hope it’s not the Filipino Monkey, for our sake. Because I think it’s a humongous embarrassment.” 

Um, Gretchen? The simple fact that neither you–nor the Navy, nor the goofballs in the Administration who tried to turn this into World War III–know whether this is Filipino Monkey or not makes it a humongous embarrassment.

Nice to know that the rest of the world is joining us DFHs laughing and crying that Fox and the Administration had this propaganda blow up in their face. 

Fox Wants to See the Shredded Scraps of Our Constitution

At least that’s what they said when Center for Constitutional Rights tried to place this ad on Fox.

CCR is one of the organizations that will go before the Supreme Court on Wednesday in hopes of restoring Habeas Corpus. At the same time, they’re trying to raise awareness of Bush’s attacks on our rights with ads like this and a cool campaign to send Bush a copy of the Constitution (what do you get the President who has everything??). But when they went to Fox to buy time for this ad, Fox asked for proof that Bush had shredded the Constitution.

Perhaps it’s time to launch a campaign to inundate Fox with your favorite proof that Bush trashed the Constitution. Copies of the Risen-Lichtblau scoop on warrantless wiretapping, pictures of the "free speech zones" at Bush appearances, a copy of the report proving NYC spied on citizens and detained many illegally leading up to the Republican convention in 2004. Anyone else have some good ideas?

Update: marksb has a very good question:

Does Fox require proof of erectile dysfunction to place Viagra ads?