We at www.anothersview.com never comment on a single issue but yesterday’s debacle screams for a reality check. This will be a longer article than we normally post so we’ve tried to outline specifics for the reader’s convenience. We think this analysis will totally refute all the news source “talking heads” applause for what we characterize as a failed mission.
THE BACKGROUND
- Dominion sued for $1.6 billion–this supposedly being a fair estimate of the damages caused by Fox News in spreading lies about the accuracy of voting totals in the 2020 presidential election.
- It is obvious that all the documentation, affidavits, judges rulings, and motion results heavily favored Dominion. We learned that Fox commentators were spreading false information as “news” while privately bashing their own sources; in many cases they stopped using sources because the sources were “just nuts”.
- As the legal schedule travelled toward a trial the world became aware of the hypocritical and biased reporting sold to Fox viewers strictly to cater to their beliefs. Even the head of Fox news said “It’s not about the red, white and blue–it’s about the green“. He also called it “crazy stuff”. So the owner of the company admitted that he allowed rampant lies for several weeks that possibly contributed to the January 6th US Capitol riot and–still to this day–has convinced millions of Americans that the election was stolen.
- All the legal experts agreed that this case was the perfect storm as defamation cases are litigated.
- There was talk that–in a civil trial–only a majority of jurors were needed to convict.
- The trial was being held in Biden’s home state–assuring a fair judgement at the least.
- Punitive damages of up to 3 times the $1.6 billion amount were possible if a jury decided the issue.
THE SETTLEMENT
- Dominion accepted less than half of the $1.6 billion they sued for.
- An investment firm, Staple Street Capital, apparently fronted their legal fees and saw this settlement as a quick cash return for its legal fee investment.
- If you research Staple Street Capital you will find a company that has only a few clients and that as of yesterday Dominion was not named among them.
- Also Staple Street typically does not handle such situations either as to the legal process or in amounts so large. Check out their corporate profile on their website.
- The Dominion attorneys were expecting a long drawn out case with the prospect of appeals consuming much of their resources and time. With a quick settlement, the Dominion attorneys immediately realized roughly the same contingency fee as they would have over a long appeal delay.
THE FALLOUT
- By settling, no new case law precedent was established. This means that defamation suits still retain the extremely difficult task of proving. A Dominion trial would have clarified the basis for future defamation suits.
- Using the Dominion legal actions Fox attorneys are now able to de-construct the provable points around future defamation possibilities. This will allow Fox to skirt/avoid any danger areas when they spread future lies to retain an audience. Since their corporate strategy is clearly to “play to the crowd” we can expect more fantasy reporting in their broadcasts.
- Because of the Fox misinformation Donald Trump still has a political life. He may have been “outed” to intelligent GOP supporters but we know he’s still the choice (by far) in the presidential polls. This can be a disastrous scene as Trump criminal and civil cases go forward during the campaign period next year. (While spreading the “big lie” Fox called Trump “demonic” and stated that his presidency was “a disaster”)
- As long as media outlets are allowed to call themselves “News” and provide tainted and totally false information to an impressionable horde of eager (and maybe violent) audiences Democracy and public safety are in jeopardy. A trial with appropriate FCC licensing penalties would have minimized those risks.
THE BOTTOM LINE
- Nothing substantially changes. Fox continues its lies. Trump continues to lead in the polls. Dominion settles for less than half it says it lost by being maligned by Fox. And the potential for insurrectionist comments is alive and well on the national media stage.
- We think Staple Street Capital and the Dominion attorneys convinced Dominion to take the deal. That was unfortunate for the all the reasons listed.
- When you consider the Staple Street payback and the Dominion attorney contingency fees, Dominion probably netted only 25% of what they had asked for when filling the suit.
- You the reader need to judge how you think Dominion fared. In our opinion, the reduced penalty amount, the lack of a public apology (which Dominion said they would demand as part of ANY settlement) and the failure of the courts and the FCC to curtail the seditious commentary of Fox, display a dismal decision that will haunt our country ferociously as we approach the 2024 election cycle.
Comments are closed