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OA694: Dominion v. Fox: Defamation Suits Are Hard But Shutting Up is Harder

Today is one of those shows you'll want to share around. EVERYONE is talking about the bombshell revelations from Fox News, but only Liz and Andrew can help you understand how we got here and what it all means!

This is a free post on Patreon and was released early for our Patrons.

Notes
Original Dominion-Fox Complaint
https://www.documentcloud.org/documents/20527880-dominion-v-fox-news-complaint

Dominion lawsuit against OAN
https://s3.documentcloud.org/documents/21039565/dominion-oan-complaint.pdf

Dominion Motion for Summary Judgment (MSJ)
https://int.nyt.com/data/documenttools/redacted-documents-in-dominion-fox-news-case/dca5e3880422426f/full.pdf

DE State docket
https://courtconnect.courts.delaware.gov/cc/cconnect/ck_public_qry_doct.cp_dktrpt_docket_report?case_id=N21C-03-257&begin_date=&end_date=#dockets

Fox Corp MSJ
https://deadline.com/wp-content/uploads/2023/02/Redacted-Public-Version-Fox-Corp-Opening-MSJ-Brief.pdf

Fox News MSJ
https://deadline.com/wp-content/uploads/2023/02/Redacted-Public-Version-FNN-Opening-MSJ-Brief.pdf

Fox News anti-SLAPP counterclaim
https://deadline.com/wp-content/uploads/2023/02/PUBLIC-VERSION-FNNs-First-Amended-Counterclaim-Accepted.pdf

Comments

I much prefer Liz over Thomas. I never found Thomas to be funny and if anything his comments served as more of a distraction as opposed to adding substance to the show.

Nick

I also like the back and forth between two lawyers. Because it's kind of like point, counter point, about questions most of us are asking. So it's less like school, more like listening in at a coffee shop where two people are talking about a subject they're interested in, know what they're talking about, but don't always completely agree 😆

C’mon

I agree. I’m not having trouble following and I’m not a lawyer. I like that Liz pushes back on some things, where Thomas wouldn’t be able to. He did push back, but didn’t have the legal background that Liz does.

Kevin Twomey

No video in Delaware state courts. File & ServeXpress is the worst - filings are much more expensive than PACER. You can get daily transcripts from the New Caste County Superior Court CCLD, but they will be extraordinarily expensive. Their court reporters are the best, but you pay for it on expedited matters.

William Gaskins

I’m a normie listener and although I did usually like Thomas’s normie questions, I’m also enjoying Liz having a different legal take on some points. Swings and roundabouts? There’s even a chance I picked up a thing or two over my years of listening to OA.

Blurry fingers

Thank you, Liz, for getting a new mic!

Snunkoople

The premise of OA is that an expert explains a valuable technical subject to a normie audience. It specifically worked because there was a normie in the recording booth, advocating for all normie listeners. Experts are not good at judging what is or isn't understandable to non-experts. You need a normie to do this. The show just doesn't work without it. Liz is great, but she is a complement to Andrew in the expert role. She cannot replace Thomas as the inquisitive normie. You need a smart, perceptive person who is specifically not a lawyer, and extremely good at asking clarifying questions. The show will not succeed without this.

Embrace the chaos

Loved the show. One comment. Colonoscopies are good things and people of the appropriate age and risk factors should be encouraged to get them. Describing an invasive discovery process as a colonoscopy doesn’t help that.

Steve S

The Diebold stuff actually had some “there”, there though, so it wasn’t really conspiracy theory. Those machines did have a number of vulnerabilities that were proven whereby someone with access could actually steal an election in ways that would be undetectable to an audit. Further, the CEO was an open partisan who fundraised for Bush and put in writing the very worrying statement that he was committed to delivering Ohio’s electoral votes to Bush. Dominion machines are auditable and their results were confirmed under the highest scrutiny available, it cheapens things to play into both sides-isms. The Diebold machines were an actual scandal not because of a judgement about the company, but because they were crap technology that didn’t meet even minimal standards voters should be able to expect in the voting systems. Dominion was made up bs with no evidence, and it fact 100% counter evidence.

Tim Whatley

In that interview, Powell said “…this could not and should not have happened!” Is that a Freudian slip! She’s right: this could not have happened - because it didn’t.

fran reichenbach

I had a hard fought battle of conscience, but I'm glad that I stayed for content & the links.

Gary M

Hey, Appreciate the content and your sticking to the work at hand.

Bruce King


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