Lights! Camera! Places! The Trial of the Century!

How the Fox News hosts show up in the Dominion lawsuit documents

With apologies to Johnny Depp, Amber Heard, Gwyneth Paltrow and O.J. Simpson, the trial of the century, or the past 100 years begins Monday in Delaware. That’s when FoxNews, the prime purveyor of misinformation into our modern marketplace of ideas, has to explain why it was OK or “newsworthy” to defame Dominion Voting Systems in order to keep its ratings and revenue up.

I am not the only great legal mind baffled by the lack of a settlement in this case. Given the astonishing disclosures in the deposition/pre-trial phase, with popular Fox hosts chattering about how they “hate” Donald Trump, how “insane” the idea of a stolen election is, and how they have to keep up the dense screen of smoking bullshit to mollify their (none too bright?) viewers, how does anything get better in a court room when all the redactions are lifted and Sean Hannity … Sean Hannity … is put under cross examination?

I heard someone compare this trial — which may or may not be televised – more on that in a moment — to the 1925 Scopes/Monkey trial, where the legal system had to make a seismic judgment on the validity of evolution. (I can only imagine Hannity’s thinking on something as woke and science-y as that.) It’s a fair comparison.

There’s always a danger in over-blowing the importance of any legal event. But whether Fox is found guilty of recklessly and deeply cynically promoting a storyline lacking any evidence whatsoever — and certainly amplified the kind of rabid thinking that led to a deadly riot on the U.S, Capitol is, you know, kind of a bigger deal than if Johnny Depp was a drugged-out bastard or Gwyneth failed to get out of the way of a dude on a ski slope. This case is a bona fide cultural moment.

Theories and histories and courses are already being written and taught on the role Fox and other forums of right-wing transgressive entertainment have had on American culture. This trial, with Fox dealing from a very weak hand, has the potential to fully expose the shameless, naked cynicism of a wildly lucrative and influential enterprise … to those who choose to hear it.

As of today, Saturday, no decision has been made on media requests for the trial to be televised, a la Depp v Heard, or the People v O.J. or Derek Chauvin. It will be a startling decision if the request is denied.

I mean, could the people involved, from Rupert Murdoch on down through Tucker Carlson, Laura Ingraham, Maria Bartiromo and … Sean Hannity … be any more prominent public figures inspiring any greater legitimate public interest in how they defend what they presented … on television … to millions of credulous viewers? The answer is “no.”

The presiding judge has already made things more difficult for Fox by declaring that they can not argue that the near hourly infusion of steaming offal was “newsworthy” and therefore a legitimate journalistic effort on their part. (You know, let’s hear from both sides. You first and foremost, Rudy Giuliani.) The judge has also registered displeasure with Fox playing cute about Rupert’s role as some kind of out of touch figurehead of the operation with no day to day authority over what went on. (The judge has also ruled that the prosecution can’t draw lines from Giuliani and Sidney Powell, the Kraken lady, and what happened on January 6.)

As part of my prep work, reading up and listening to (abundant) punditry on the trial, I can offer the following.

1: It is likely it is Dominion, not Fox, who is refusing to settle, on the grounds that this case is so strong and that actual malice is so clearly evident. “You want to negotiate, Rupert? Our number remains a firm $1.6 billion, plus an on-air apology from Tucker Carlson.”)

2: If Fox loses this case, it will almost certainly keep on appealing, all the way to … wait for it … Clarence Thomas, Brett Kavanaugh and the rest of the Supreme Court. The thinking being that this so clearly a defining, precedent-setting moment in First Amendment litigation and the privileges of journalism that it requires full and final judgment from … the highest and most incorruptible court in the land. (Expect Sam Alito to quote something from the Code of Hammurabi.)

3: Just as Fox is saying almost nothing about Clarence Thomas’ sleazy relationship with a billionaire, expect that the name of Bill Kennard will come up often, in court and on Fox’ prime time entertainment shows. Kennard is partner in the private equity crew that owns a majority share of Dominion Voting Systems, along with being a former Ambassador under Barack Obama, a contributor to both Obama and Bill Clinton as well as a board member for AT&T and a couple other mega corporations. Fox will not be able to resist trying to sell the idea that Kennard’s presence exposes just another woke, deep state, radical socialist, George Soros-inspired, ultra liberal attack on hard working truth tellers.

4: If Rupert Murdoch can’t get himself out of testifying based on his age and fragile health he’ll be key to dropping the guillotine blade on … others. I mean, the poor guy. He’s got to still be emotionally drained after e-mailing wife #3 that their marriage was over and dumping potential bride #4 for her religious zealotry. A guy like that can get on a private jet, hell, does Delaware even have a cement runway? But if he testifies, he will almost certainly spin the argument that those “others”, namely Maria Bartiromo, Jeanine Pirro and Lou Dobbs actually believed the stuff he’s called “crazy” in conversations with Fox execs. How much do you figure those three are spendiong in legal fees these days?

5: Sans settlement, the trial could last several weeks. Weeks that the Fox audience will see precious little relating to the shameless perfidy of it’s most popular hosts, and plenty about how the justice system is rigged against free speech. Various scattered pundits, desperate for a contrarian angle on the progress of the trial, will clutch pearls and fret about the precedent this sets. Wild lawsuits against honest operations who try as best they can to get the story right, report accurately and quickly apologize for any inadvertent errors!

Ignore them. Those people are fools.

What makes the Fox – Dominion suit so fundamental and profound is that no other major television news corporation in history has gone so rogue with the journalism basics of truth telling as Fox News. They are a stark and colossal outlier to fair-mindedness and good faith.

If you’re in the news game, the only precedent you need to observe is not acting with malice in pursuit of making a buck, or a billion and a half bucks …annually … for years. … from an audience that doesn’t care if you’re lying to them.

Thank God for Rand Paul in Milwaukee

Lambert_to_the_SlaughterMy favorite moment in last night’s Republican debate/barnstorming reality TV show, was Rand Paul butting in after one of Donald Trump’s rants about how the Chinese are always winning … because Barack Obama has turned America into such a pathetic no-class loser. It was a question about the Trans Pacific Partnership that got him whipped up. Wiley damn Chinese vs. Loser Americans who can’t negotiate a good deal. A Trump staple.

But then Paul, who was once the average adult’s idea of a delusional whack-job, piped up and suggested the Fox Business News panel, which included Gerard Baker, the editor of the Wall Street Journal, (you know, every shrewd businessman’s first source for the complete story on money and the bastards beating them to it), that it might be useful to pint out that the Chinese aren’t even a part of this deal.

Oh.

But as much as I was hoping for an Emily Latella moment from Trump, it was not forthcoming. What we got was, be thankful for small favors, a little filler commentary from Paul on the fact that the Chinese actually aren’t all that wild about this TPP thing either, since it’s greasing the skids for more trading between us and other folks around the Pacific. (This would argue in favor of the TPP if you were a serious China hater.)

Now, not being an international trade expert, all I knew about the TPP was what I read in the New York Times and the Wall Street Journal. And frankly, as Trump was ranting the best I could come up with was a niggling ring tone that something wasn’t right with his argument. But come on! After three and a half of these trips to Toon Town, I have something like an air raid siren going off in my head every three or four seconds over “things that don’t sound right”. Giant damned air horns howling that what I just heard is utter bullshit of a nuclear order. After that, “niggling” kind of gets lost in the reverb.

Here’s a small sampling of fact-checking on last night’s BS.

So yes, I was grateful when Sen. Paul reminded his opponents, the Fox Business panel, and everyone scoring at home about this teeny, tiny little Chinese detail.

Being in the news biz what immediately went through my head was why none of the Fox money mavens had butted in and corrected Trump? He had been ranting for a while. I mean, if I was vaguely aware of this critical detail just from reading Mr. Baker’s paper you’d think he’d be a little faster on the draw having, you know, published it.

Baker did follow up with a classic Wall Street Journal explainer about how even though the Chinese aren’t involved there are fears they’ll still exploit the deal to their advantage. But that’s only if the Senate passes it, which everyone in Milwaukee agreed would be, you know, yet another episode of liberal-induced Armageddon. Right after … Obamacare, Dodd-Frank, “amnesty” of illegal immigrants, ISIS, the gutting of our military, Hillary Clinton’s pant suits and every regulation ever authored by anyone under Barack Obama. In other words, a kind of serial Armageddon, you understand. (When you’re talking to the Republican base you can’t invoke too many Armageddon scenarios.)

Fox Business is being credited for a more composed debate than CNBC two weeks ago in Denver. And, frankly, some of the questions were pretty good. Like Maria Bartiromo, (aka “The Money Honey”) putting this one to Carly Fiorina.

 …in seven years under President Obama, the U.S. has added an average of 107,000 jobs a month. Under President Clinton, the economy added about 240,000 jobs a month. Under George W. Bush, it was only 13,000 a month. If you win the nomination, you’ll probably be facing a Democrat named Clinton. How are you going to respond to the claim that Democratic presidents are better at creating jobs than Republicans?

Heh.

Naturally, Fiorina, who previously urged everyone to watch a sickening abortion video … that doesn’t exist, completely ignored the question and hammered home instead her pet Road to Armageddon messages, most of which can be avoided by a three page tax form and a green room chat with Vladimir Putin.

(BTW, didn’t you love it when Trump said, “I’m the biggest militarist on this stage”?)

Point being, somewhere along with asking these fearsome socialist slayers if they’re a “comic book version of a presidential candidate” (glib, but not all that far off the point) and hitting them with actual facts on job creation, (implicitly proving that the U.S economy invariably performs better under the active governance of Democrats), there’s a place for aggressive follow-ups.

Bartiromo et al injected quite a few, “Too be clear, sir/madams” last night trying to pull an actual answer out of the bombardment of stump speech messaging. But they never got so rude as to, you know, demand an answer and/or correct a flagrant blast of bullshit.

Which is why Rand Paul, who has clearly decided, “What the hell, I’m letting it fly” was so valuable last night. Like his old man, Paul is 85% crackers and 15% rational. That lesser percentage covered a lot of the timidity of the Fox Business moderators. Like that shot at slippery little Marco Rubio — such an adorable weasel, you just want to pinch his cheeks — about adding another $2 trillion in tax credits and military spending (for hard-working ISIS-fearing American families, you isolationist bastard!) … without even trying to pay for it.

Since Paul’s chances of winning a million bucks on FanDuel are better than out-Armageddoning the likes of Ted Cruz, Rubio or Fiorina, I propose dropping him out as a candidate and in as a moderator for the next debate, which, damn it anyway, is a whole month from now.

What am I’m going to have to do until then? Switch back to “Naked Dating” for my reality fix?