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Court exhibits in the $1.6 billion defamation lawsuit filed by Dominion Voting Systems against Fox News show that some of Fox News’ top executives harbored misgivings about what was being said on its shows after the 2020 election, and even after President Biden had been inaugurated.
A day after Inauguration Day, on Jan. 21, 2021, Fox News chairman Rupert Murdoch exclaimed, “Still getting mud thrown at us. Is it ‘unarguable that high-profile Fox voices fed the story that the election was stolen and that January 6th an important chance to have the result overturned?”
“Maybe Sean (Hannity) and Laura (Ingraham) went too far,” Murdoch then wrote. “All very well for Sean to tell you he was in despair about Trump but what did he tell his viewers?”
In another email exchange, on Nov. 17, 2020, Sidney Powell — a former lawyer for former President Donald Trump — told Fox News host Tucker Carlson, “Believe I emailed you affidavit earlier today. More evidence pouring in.” But Carlson expressed doubt.
“You keep telling our viewers that millions of votes were changed by the software. I hope you will prove that very soon,” he told Powell. “You’ve convinced them that Trump will win. If you don’t have conclusive evidence of fraud at that scale, it’s a cruel and reckless thing to keep saying.”
On Nov. 22, then-Trump attorney Rudy Giuliani issued a statement saying that Powell was not a lawyer for either the Trump campaign or for Trump. Yet, she continued to appear on Fox News and Fox Business Network for days, until Dec. 10, the Washington Post noted. Another voting software company, Smartmatic, sent a letter to Fox News and other far-right networks demanding retractions of what they said were defamatory statements about Smartmatic voting equipment. Dominion’s lawsuit against Fox followed within days.
Dominion has also sued Powell in a separate lawsuit for $1.3 billion.
Dominion, which sells electronic voting equipment that was used in several states in the 2020 election, is suing Fox News and its parent company Fox Corporation, arguing in its summary judgment filing that “Executives at all levels of Fox…knowingly opened Fox’s airwaves to false conspiracy theories about Dominion.”
In its filing, Dominion quoted extensively from the exhibits released by the court Tuesday. In one email released Tuesday, Murdoch wrote to Fox News president Suzanne Scott five days after the election, on Nov. 8, 2020: “Getting creamed by CNN! Guess our viewers don’t want to watch it.”
By Nov. 7, Mr. Biden had been projected by media organizations to win the election.
The thrust of Dominion’s argument is that Fox News’ top executives and some of its hosts knew that the outlandish conspiracy claims espoused by Trump allies and lawyers on its shows were false, but they put them on the air anyway to try to avoid alienating their conservative audience.
“Thanks to today’s filings, Dominion has been caught red handed again using more distortions and misinformation in their PR campaign to smear FOX News and trample on free speech and freedom of the press,” Fox said in a statement provided to CBS News Tuesday night. “We already know they will say and do anything to try to win this case, but to twist and even misattribute quotes to the highest levels of our company is truly beyond the pale.”
Fox argued in its own counterclaim that Dominion’s lawsuit should be dropped because the company had only filed the suit “to punish [Fox News Network] for reporting on one of the biggest stories of the day — allegations by the sitting President of the United States and his surrogates that the 2020 election was affected by fraud,” the Fox filing reads. “The very fact of those allegations was newsworthy.”
Scott MacFarlane, C Mandler, Julia Kimani Burnham and Caitlin Yilek contributed to this report.
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Dover, Del. — Fox Corp. chairman Rupert Murdoch acknowledged that some Fox News commentators endorsed the false allegations by former President Donald Trump and his allies that the 2020 presidential election was stolen and that he didn’t step in to stop them from promoting the claims, according to excerpts of a deposition unsealed Monday.
The claims and the company’s handling of them are at the heart of a $1.6 billion defamation lawsuit against the cable news giant by Dominion Voting Systems.
The recently unsealed documents include excerpts from a deposition in which Murdoch was asked about whether he was aware that some of the network’s commentators – Lou Dobbs, Maria Bartiromo, Jeanine Pirro and Sean Hannity – at times endorsed the false election claims. Murdoch replied, “Yes. They endorsed.”
The Murdoch deposition is the latest filing in the defamation case to reveal concerns at the top-rated network over how it was handling Trump’s claims as its ratings plummeted after the network called Arizona for Joe Biden, angering Trump and his supporters.
An earlier filing showed a gulf between the stolen election narrative the network was airing in primetime and doubts about the claims raised by its stars behind the scenes. In one text, from Nov. 16, 2020, Fox News host Tucker Carlson said “Sidney Powell is lying” about having evidence for election fraud, referring to one of Trump’s lawyers.
The Dominion case is the latest example showing that those who were spreading false information about the 2020 election knew there was no evidence to support it. The now-disbanded House committee investigating the Jan. 6, 2021, attack on the Capitol disclosed that many of Trump’s top advisers repeatedly warned him that the allegations he was making about fraud were false – and yet the president continued making the claims.
Murdoch urged in September 2020, weeks before the election, that Dobbs be fired because he was “an extremist,” according to Dominion’s court filing. Murdoch also said he thought it was “really bad” for former New York City Mayor Rudy Giuliani to be advising Trump because Giuliani’s “judgment was bad” and he was “an extreme partisan,” according to a deposition excerpt.
Murdoch was asked whether he could have requested that Powell and Giuliani not be put on the air: “I could have. But I didn’t,” he replied.
After the Jan. 6 rioting at the Capitol, former House Speaker Paul Ryan, who sits on the board of Fox News Corporation, had an email exchange with Murdoch. He told the Fox News chairman he believed that “some high percentage of Americans” thought the election was stolen “because they got a diet of information telling them the election was stolen from what they believe were credible sources.” Murdoch responded to Ryan’s email with a note saying, “Thanks Paul. Wake-up call for Hannity, who has been privately disgusted by Trump for weeks, but was scared to lose viewers.”
Denver-based Dominion Voting Systems, which sells electronic voting hardware and software, is suing both Fox News Network and parent company Fox Corp. for defamation. Dominion contends that some Fox News employees deliberately amplified false claims by supporters of Trump that Dominion machines had changed votes in the 2020 election, and that Fox provided a platform for guests to make false and defamatory statements about the company.
Dominion attorneys contend that executives in the “chain of command” at both Fox News and Fox Corp. knew the network was broadcasting “known lies, had the power to stop it, but chose to let it continue. That was wrong, and for that, FC and FNN are both liable.”
Attorneys for Fox Corp. note in their filing that Murdoch also testified that he never discussed Dominion or voter fraud with any of the accused Fox News hosts. They say Dominion has produced “zero evidentiary support” for the claim that high-level executives at Fox Corp. had any role in creating or publishing the statements at issue.
Dominion’s contention that the company should be held liable because Murdoch might have had the power to step in and prevent the challenged statements from being aired, they said, “has no basis in defamation law, would obliterate the distinction between corporate parents and subsidiaries, and finds no support in the evidence.”
The “handful of selective quotes” cited by Dominion have nothing to do with the statements that Dominion has challenged as defamatory, according to Fox Corp. attorneys. “Dominion repeatedly asked Fox News executives, hosts, and staff whether Fox Corporation employees played a role in the publication of the statements it challenges,” they wrote. “The answer – every single time, for every single witness – was no.”
Meanwhile, Fox News attorneys note that when voting-technology companies denied the allegations being made by Trump and his surrogates, Fox News aired those denials, while some Fox News hosts offered protected opinion commentary about Trump’s allegations.
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On “Tucker Carlson Tonight” the Fox News host opened with musings on “what the hell is going on in our country.”
“There are so many unanswered questions ― some of them lingering,” he said. “How, for example, did senile hermit Joe Biden get 15 million more votes than his former boss, rock star crowd-surfer Barack Obama? Results like that would seem to defy the laws of known physics and qualify instead as a miracle. Was the 2020 election a miracle? Honestly, we don’t know and we don’t expect to get an answer to it tonight.”
Carlson’s questioning of the 2020 tally came hours after a legal filing showing that he and other Fox News hosts privately voiced strong doubts about the claims of Trump and his allies. He said that Sidney Powell, a Trump lawyer who unsuccessfully litigated claims that the vote was stolen, was “lying” about having evidence, according to the court filing in Dominion Voting Systems’ defamation lawsuit against Fox News.
In addition, a Georgia grand jury found no evidence of “widespread fraud” in that state’s election favoring Biden, and believes some witnesses lied under oath, according to excerpts of the panel’s report released by a judge on Thursday.
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Wilmington, Del. — Hosts at Fox News had serious concerns about allegations of voter fraud in the 2020 presidential election being made by guests who were allies of former President Donald Trump, according to court filings in a $1.6 billion defamation lawsuit against the network.
“Sidney Powell is lying,” about having evidence for election fraud, Tucker Carlson told a producer about the attorney on Nov. 16, 2020, according to an excerpt from an exhibit that remains under seal.
The internal communication was included in a redacted summary judgment brief filed Thursday by attorneys for Dominion Voting Systems.
Carlson also referred to Powell in a text as an “unguided missile,” and “dangerous as hell.” Fellow host Laura Ingraham, meanwhile, told Carlson that Powell is “a complete nut. No one will work with her. Ditto with Rudy,” referring to former New York mayor and Trump supporter Rudy Giuliani.
Sean Hannity, meanwhile, said in a deposition “that whole narrative that Sidney was pushing, I did not believe it for one second,” according to Dominion’s filing.
Denver-based Dominion, which sells electronic voting hardware and software, is suing both Fox News and parent company Fox Corporation. Dominion said some Fox News employees deliberately amplified false claims that Dominion had changed votes in the 2020 election, and that Fox provided a platform for guests to make false and defamatory statements.
Attorneys for the cable news giant argued in a counterclaim unsealed Thursday that the lawsuit is an assault on the First Amendment. They said Dominion has advanced “novel defamation theories” and is seeking a “staggering” damage figure aimed at generating headlines, chilling protected speech and enriching Dominion’s private equity owner, Staple Street Capital Partners.
“Dominion brought this lawsuit to punish FNN for reporting on one of the biggest stories of the day- allegations by the sitting President of the United States and his surrogates that the 2020 election was affected by fraud,” the counterclaim states. “The very fact of those allegations was newsworthy.”
Fox attorneys also said in their own summary judgment brief that Carlson repeatedly questioned Powell’s claims in his broadcasts. “When we kept pressing, she got angry and told us to stop contacting her,” Carlson told viewers on Nov. 19, 2020.
Fox attorneys say Dominion’s own public relations firm expressed skepticism in December 2020 as to whether the network’s coverage was defamatory. They also point to an email from Oct. 30, 2020, just days before the election, in which Dominion’s director of product strategy and security complained that the company’s products were “just riddled with bugs.”
In their counterclaim, Fox attorneys wrote that when voting-technology companies denied the allegations being made by Trump and his surrogates, Fox News aired those denials, while some Fox News hosts offered protected opinion commentary about Trump’s allegations.
Fox’s counterclaim is based on New York’s “anti-SLAAP” law. Such laws are aimed at protecting people trying to exercise their First Amendment rights from being intimidated by “strategic lawsuits against public participation,” or SLAPPs.
“According to Dominion, FNN had a duty not to truthfully report the President’s allegations but to suppress them or denounce them as false,” Fox attorneys wrote. “Dominion is fundamentally mistaken. Freedom of speech and freedom of the press would be illusory if the prevailing side in a public controversy could sue the press for giving a forum to the losing side.”
Fox attorneys warn that threatening the company with a $1.6 billion judgment will cause other media outlets to think twice about what they report. They also say documents produced in the lawsuit show that Dominion has not suffered any economic harm and do not indicate that it lost any customers as the result of Fox’s election coverage.
Superior Court Judge Eric Davis is scheduled to preside over a trial beginning in mid-April, but granting summary judgment to either side would obviate the need for a jury trial that could stretch over five weeks.
In its 192-page brief, Dominion said the judge should rule in its favor because “no reasonable juror could find in Fox’s favor on each element of Dominion’s defamation claim.” Dominion attorneys also assert that no reasonable juror could find in favor of Fox’s “neutral reportage” and “fair report” defenses.
“Recounts and audits conducted by election officials across the U.S. repeatedly confirmed the election’s outcome, including specifically that Dominion’s machines accurately counted votes,” Dominion’s filing states. “That evidence alone more than suffices for summary judgment on the falsity of the claims that Dominion rigged the election and its software manipulated vote counts.”
Fox News attorneys argue the network’s coverage and commentary were not defamatory.
“Even assuming, for the sake of argument, that Dominion could point to any statement that could be actionable defamation, this court should grant Fox News’ summary judgment motion for the independent reason that Dominion lacks clear and convincing evidence that the relevant individuals at Fox News made or published any statement with actual malice,” the attorneys wrote.
Davis ruled last month that, for the purposes of the defamation claims, he will consider Dominion to be a public figure. That means Dominion must prove by a preponderance of the evidence that the Fox defendants acted with actual malice or reckless disregard for the truth.
Attorneys for Fox Corp. joined in the brief filed by Fox News, while also asserting that the parent company is independently entitled to summary judgment because Dominion has not produced any evidence needed to hold it liable.
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Dominion Voting Systems and the baseless conspiracy theories surrounding the 2020 Election; American Prairie’s nature reserve; Sharyn Alfonsi speaks with the Ina Garten about her journey to becoming one of the country’s most beloved cooks.
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Despite a rash of unsubstantiated claims lobbed against his company, the CEO of Dominion Voting Systems, John Poulos, has remained largely silent. That changed Sunday night on 60 Minutes when Poulos sat down with Anderson Cooper, saying irreparable damage has been done to his company and his employees.
“People have been put into danger. Their families have been put into danger. Their lives have been upended and all because of lies,” Poulos said. “It was a very clear calculation that they knew they were lies. And they were repeating them and endorsing them.”
“It’s important to you people admit what they said was wrong?” Cooper asked.
“It’s important to me. It’s important to all the people whose families have been impacted by this. Anderson, my kids still are not allowed to get any package from the front door until we verify that it’s actually from a trusted sender,” Poulos said.
Days after the 2020 presidential election, lawyers supporting then-President Donald Trump, including Sidney Powell and Rudy Giuliani, began spreading unsubstantiated claims that Dominion Voting Systems, an American company, had rigged the election. They said Dominion was backed by Venezuela and that its machines and software switched millions of votes from Donald Trump to Joe Biden.
They never showed any evidence, but that didn’t stop pro-Trump attorneys from making baseless claims, or conservative news networks from giving them plenty of airtime.
Poulos went through a number of their claims with Cooper, dismissing each one.
“Were you associated with the late Hugo Chavez?” Cooper asked.
“Absolutely not,” Poulos said.
“Do you use a Venezuelan company’s software that’s been used to steal elections in other countries?” Cooper asked.
“Absolutely not,” Poulos said. “Anderson, I can, I can cut all of this short. We were founded in Toronto, which is where my family was from. And there’s nothing to do with Venezuela.”
“Can you flip votes in the computer system?” Cooper asked. “Can you add votes that did not exist?”
“Absolutely not,” Poulos again responded.
President Trump first mentioned Dominion in a tweet on November 12, 2020, and recorded a video a few weeks later, posted on Facebook, in which he said: “We have a company that’s very suspect. Its name is Dominion. With the turn of a dial or the change of a chip, you could press a button for Trump and the vote goes to Biden. What kind of a system is this? We have to go to paper. Maybe it takes longer. But the only secure system is paper.”
“We do have paper ballots,” Poulos said. “What the machines do is they count those paper ballots– in a way that makes it very easy for people to verify after the fact through the means of audits and recounts.”
Dominion makes two types of machines. One is called a ballot marker. It’s a touch screen device that a voter can use to mark their choices and then print the ballot. The second machine is a scanner that reads that paper ballot, counts the vote and immediately stores the ballot securely.
“A voter takes a paper ballot,” Poulos said. “They’ve made their marks however they make their marks depending on the jurisdiction. As they deposit it into the ballot box, it goes through a digital scanner and then drops into the ballot box. So how do you hack a paper ballot?”
He showed Cooper how the machines work.
“This is the scanner that sits atop a locked and sealed ballot box,” Poulos said. “This is how they cast their ballot, goes through scanner and now we have an image of the ballot that we just cast, and we have the paper ballot that is used for recounts.”
Poulos said watching the presidential recounts in Florida in 2000, with arguments over hanging chads, got him interested in improving how paper ballots were marked and counted. He was an engineer working at a startup in Silicon Valley and began looking at ways to make it easier to recount paper ballots and to help people with disabilities vote without assistance.
“Our goal was to allow any voter to make their marks on a paper ballot in a very clear, unambiguous way,” Poulos said, “regardless of physical ability.”
Now, he says, he and his company are the targets of lies, threats and harassment.
“Do you ever think to yourself,” Cooper asked, “‘I got into this to help paraplegics and blind people vote more easily and look what’s happened?’”
“I think about it all the time,” Poulos said.
Dominion has filed eight lawsuits seeking more than $10 billion in damages against Fox News, and other networks, corporations and individuals.
In a statement to 60 Minutes, Fox said it’s confident it will prevail in the Dominion litigation, citing protections of the First Amendment. Fox also say it was reporting on newsworthy allegations by then-President Trump, and that it aired segments fact-checking the allegations against Dominion.
Efforts by Fox News and other defendants to have the Dominion lawsuits dismissed have been rejected by the courts.
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It was just days after the 2020 presidential election that lawyers supporting then-President Donald Trump began spreading unsubstantiated claims that an American company – Dominion Voting Systems – had rigged the election. They said Dominion was backed by Venezuela, and that its machines and software switched millions of votes from Donald Trump to Joe Biden.
They never showed any evidence, but that didn’t stop pro-Trump attorneys from making baseless claims, or conservative news networks from giving them plenty of airtime. Dominion has filed eight lawsuits seeking more than $10 billion in damages against Fox News and other networks, corporations and individuals. But Dominion’s CEO, John Poulos, has remained largely silent, until now. We spoke with him about the lawsuits, the lies, and the irreparable damage he says they’ve caused to his company and his employees.
John Poulos: People have been put into danger. Their families have been put into danger. Their lives have been upended and all because of lies. It was a very clear calculation that they knew they were lies. And they were repeating them and endorsing them.
Anderson Cooper: It’s important to you people admit what they said was wrong?
John Poulos: It’s important to me. It’s important to all the people whose families have been impacted by this. Anderson, my kids still are not allowed to get any package from the front door– until we verify that it’s actually from– from a trusted sender.
Anderson Cooper: You’re that concerned about somebody sending something to your house?
John Poulos: It’s not unfounded concern.
Anderson Cooper: People have done that–
John Poulos: People have done this. People are warning that they will continue to do this.
For John Poulos and his company, the trouble began five days after the election when Fox Business host Maria Bartiromo brought up Dominion with attorney Sidney Powell.
Maria Bartiromo: Sidney, we talked about the Dominion software. I know that there were voting irregularities. Tell me about that.
Sidney Powell: That’s to put it mildly. The computer glitches could not and should not have happened at, at all. That is where the fraud took place, where they were flipping votes in the computer system or adding votes that did not exist.
Sidney Powell was never able to show fraud, but she was repeatedly invited back on Fox networks, as was the president’s personal attorney, Rudy Giuliani, who also wove a false narrative about Smartmatic, an election technology company which is now suing Guiliani, Fox News, and others.
Rudy Giuliani: Smartmatic is a company that was formed by three Venezuelans who were very close to, very close to the dictator, Chavez, of Venezuela and it was formed in order to fix elections. That’s the, that’s the company that owns Dominion…
Anderson Cooper: Does Smartmatic own Dominion?
John Poulos: No. We are– we do have a relationship. We– (LAUGH) we are competitors.
Anderson Cooper: Were you associated with the late Hugo Chavez or–
John Poulos: Absolutely not.
Anderson Cooper: Do you use a Venezuelan company’s software that’s been used to steal elections in other countries?
John Poulos: Absolutely not.
John Poulos: Anderson, I can, I can cut all of this short. We were founded in Toronto — which is where my family was from. And– and– there’s nothing to do with Venezuela.
Anderson Cooper: Can you flip votes in the computer system? Can you add votes that did not exist?
John Poulos: (LAUGH) Absolutely not.
President Trump first mentioned Dominion in a tweet November 12th and recorded a video a few weeks later, which was posted on Facebook.
President Trump: We have a company that’s very suspect. Its name is Dominion. With the turn of a dial or the change of a chip, you could press a button for Trump and the vote goes to Biden. What kind of a system is this? We have to go to paper. Maybe it takes longer. But the only secure system is paper.
Anderson Cooper: Why not just have paper ballots?
John Poulos: We do have paper ballots. What the machines do is they count those paper ballots– in a way that makes it very easy for people to verify after the fact through the means of audits and recounts.
Dominion makes two types of machines. One is called a ballot marker. It’s a touch screen device that a voter can use to mark their choices and then print the ballot. The second machine is a scanner that reads that paper ballot, counts the vote and immediately stores the ballot securely.
John Poulos: A voter takes a paper ballot. They’ve made their marks however they make their marks depending on the jurisdiction. As they deposit it into the ballot box, it goes through a digital scanner and then drops into the ballot box. So how do you hack a paper ballot?
He showed us how it works.
John Poulos: This is the scanner that sits atop a locked and sealed ballot box. This is how they cast their ballot, goes through scanner and now we have an image of the ballot that we just cast, and we have the paper ballot that is used for recounts.
John Poulos says it was watching the presidential recounts in Florida in 2000, with those arguments over hanging chads, that got him interested in improving how paper ballots were marked and counted. He was an engineer working at a startup in Silicon Valley and began looking at ways to make it easier to recount paper ballots and to help people with disabilities vote without assistance.
John Poulos: Our goal was to allow any voter to make their marks on a paper ballot in a very clear, unambiguous way, um, regardless of physical ability.
John Poulos is Canadian and founded Dominion in 2002. He remains its chief executive though, it was acquired by an American investment group in 2018. Dominion is based in Denver.
Anderson Cooper: Do you ever think to yourself, “I got into this to help paraplegics and blind people vote more easily and look what– what’s happened?”
John Poulos: Uh, I think about it all the time.
Dominion is one of three companies that make most of the voting systems in America. In the 2020 presidential election their machines were in 28 states – red states and blue.
Anderson Cooper: On election day, in a precinct, are your machines hooked up to the internet?
John Poulos: No. Not by– not by any stretch. We go through a number of– f– certifications, government certifications. And– and the first one is at a federal level. So those standards mandate that election systems, such as ours, are designed to work in a closed system, air-gapped, no internet.
Anderson Cooper: In all the major swing states of 2020, there are paper ballots backing up—
John Poulos: Not only are there paper ballots, um, that make up the official record, those paper ballots have been hand-counted and audited over 1,000 times on just the 2020 election.
Recounts and audits in the swing states of Georgia, Arizona, Michigan, Pennsylvania and Nevada all confirmed Dominion’s results. More than 60 lawsuits around the country challenging the election by Trump or his supporters were ultimately withdrawn or failed.
Anderson Cooper: In Georgia, there have been three recounts. Two electronic ones and one hand recount.
John Poulos: In front of cameras, bipartisan poll– poll watchers, and thousands of local residents across the state of Georgia. And it once again, reaffirmed the results. That should’ve put an end to all of it. Um, but it– the lies persisted.
And so have incidents of harassment and threats against John Poulos and his employees.
Phone call from woman to Dominion: Every single person at Dominion’s going to end up in an orange jumpsuit in handcuffs, you f***ing whores. You cheating f***ing pigs.
Phone call from man to Dominion: Yeah, good afternoon, scumbags. We’re going to blow your f***ing building up. Piece of f ***ing s***.
John Poulos: I don’t wish to sit here and, and say that this is something that happened 18 months ago. This is something that continues to happen every single day for us. Last Friday we had an office on lockdown. Two days prior to that, I was on a phone call with one of our employees who’s a mother of two. Um, very upset and crying– it’s hard to talk about.
Anderson Cooper: Had something been said to her personally?
John Poulos: A very disgusting death threat in detail.
Anderson Cooper: Received…
John Poulos: …on her personal cellphone.
Chris Krebs: It’s completely and utterly surreal. None of these lies have been substantiated to any extent. They– they– every single one of them has been debunked.
Chris Krebs was director of the cybersecurity and infrastructure security agency charged with protecting the 2020 election. He called it the most secure election in American history and, days later, was fired by President Trump. He now has a cyber consulting firm and is a contributor for CBS News.
We showed him a press conference held two days after his firing at the headquarters of the Republican National Committee, when Rudy Guiliani, Sidney Powell and others continued their attacks on Dominion machines and software.
Sidney Powell: It can set and run an algorithm that probably ran all over the country to take a certain percentage of votes from President Trump and flip them to President Biden.
Anderson Cooper: Do you remember watching that?
Chris Krebs: Yeah. I tweeted about it immediately afterwards. I think I said something along the lines of, “That was the most insane and dangerous 45 minutes of TV in, you know, American history,” effectively.
Anderson Cooper: How secure was the 2020 election?
Chris Krebs: Let me put it this way. It was the most litigated. It was the most scrutinized. It was the most audited. This election was put through the wringer from so many different directions. And what– what I tend to like to say is, you know, “Don’t listen to me. Listen to Bill Barr. Bill Barr said it. He was then the attorney general of the United States.”
This is what Bill Barr later said to the january 6 committee.
Bill Barr: These claims on the Dominion voting machines and they were idiotic claims. I saw absolutely zero basis for the allegations, but they were made in such a sensational way that they obviously were influencing a lot of people.
Dominion began alerting Fox News and other networks of the false allegations they were broadcasting November 12, four days after Sidney Powell first discussed Dominion with Maria Bartiromo. But Dominion says Fox News never retracted their reporting.
Anderson Cooper: You gave them a lotta chances to correct their statements.
John Poulos: They still haven’t corrected them.
Lee Levine: To me, that’s the most powerful part of the complaint.
Lee Levine is a First Amendment attorney who’s litigated cases for 40 years on behalf of most media companies, including CBS and FOX. He’s retired now, but his old firm is currently representing CNN and me in a separate matter, filed by attorneys who also represent Dominion in its cases against Fox News and others.
Lee Levine: Take the Fox case for example. November 12th seems to me to be the key date in that case, because that’s the day that Dominion started, on a regular basis, sending
information sheets to every producer on every show at Fox that was having Sidney Powell and Rudy Giuliani on, saying, “Here are the true facts. Here are links supporting our assertions that these are the true facts.” And then these people continued to invite Giuliani and Powell on their shows.
Anderson Cooper: Defamation cases are hard to prove, aren’t they?
Lee Levine: Yes, they are. The plaintiff has to prove what the law calls actual malice. You need to show basically that the defendant published or broadcast a deliberate lie, a calculated falsehood.
Anderson Cooper: They knew it was a lie when they broadcast it?
Lee Levine: They knew it was a lie or they knew it was probably a lie.
Anderson Cooper: How strong is Dominion’s case against Fox and the others?
Lee Levine: I think it is much stronger than most defamation cases that I have seen. I might say it is the strongest.
Anderson Cooper: How many defamation cases have you seen?
Lee Levine: I have litigated myself hundreds. And I’m certainly aware of every significant defamation case in the last forty years.
Anderson Cooper: And this is the strongest one?
Lee Levine: In my judgment.
In a statement to 60 Minutes, Fox said it’s confident it will prevail, citing freedom of the press protections and stating it was reporting on a newsworthy allegation made by the “[then]” president and aired segments fact-checking the allegations against Dominion. Dominion is suing Fox News and its parent corporation for $1.6 billion each and, in its statement, Fox said that Dominion’s financial demand is unsupported. Efforts by Fox News and other defendants to have the lawsuits dismissed have been rejected by the courts.
Anderson Cooper: Do you think that you can show not only that they lied, but they knew that they were lying?
John Poulos: I– I don’t even think– I think that’s the easiest part.
Anderson Cooper: You, as a company, told them specifically, repeatedly.
John Poulos: We told them. We told them in real time. Others told them. Government officials told them. Partisan government officials told ’em. People inside– the Trump administration told them. Um, local election officials on both sides of the aisle told ’em. This is not a matter of not knowing the truth. They knew the truth.
Produced by Sarah Koch. Associate producer, Chrissy Jones. Broadcast associates, Eliza Costas and Annabelle Hanflig. Edited by Sean Kelly.
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