The trial in Dominion v. Fox News, which has already resulted in bombshell revelations about the right-wing media giant and the 2020 election, is scheduled to begin Tuesday. Unless a settlement is reached, a jury will determine whether Fox is financially liable for broadcasting and promoting false claims about Dominion Voting Systems voting machines rigging the 2020 election and the case could have a big impact on the consequences of broadcasting false claims and conspiracy theories in the future.
During the pretrial discovery period, text messages between Fox News anchors and executives, along with hundreds of pages of filings and depositions, were released to the public, giving people an unprecedented look inside Fox News and the chaos behind the coverage of the 2020 election and the Jan. 6, 2021, insurrection. It also revealed that several of the networks hosts and executives did not believe the election fraud claims they were promoting on air.
Its extremely rare for a defamation case to go to trial; most civil lawsuits are dismissed or settled. An unexpected delay on Monday led to speculation that settlement talks were back on, and negotiations can continue up until a verdict is reached.
At stake is not only monetary and reputational damage, but the case could also test the longtime standard that actual malice, or knowing that something is a lie and spreading it anyway, is necessary to prove defamation of public figures some observers believe the case could end up at the Supreme Court. Either way, the case will doubtless influence political coverage at Fox and other networks as the 2024 campaign heats up.
Opening statements are scheduled for Tuesday in Delaware, where both Fox and Dominion are incorporated, and the trial could last up to six weeks. Heres everything you need to know as it begins.
Broadcaster John Stapleton has died, his agent has said.
The 79-year-old, who had Parkinson’s disease complicated by pneumonia, died peacefully in hospital this morning.
Stapleton was known for his work on programmes such as Newsnight, Panorama and GMTV’s News Hour. He was among Sky News’ original presenters.
Stapleton’s agent, Jackie Gil, said: “His son Nick and daughter-in-law Lisa have been constantly at his side and John died peacefully in hospital this morning.”
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Lawyers for Luigi Mangione have called on a judge to block federal prosecutors from seeking the death penalty against him.
Mangione’s legal team says the 27-year-old’s case has been turned into a “Marvel movie” after a failed bid by the US Justice Department to indict him on terrorism charges over the fatal shooting of UnitedHealthcare chief executive Brian Thompson in New York on 4 December.
New York state judge Gregory Carro said there was no evidence that the killing, which took place as Mr Thompson walked into an investor conference at the New York Hilton Midtown hotel, amounted to a terrorist act.
But Judge Carro upheld second-degree murder charges, which suggest there was malicious intent – but not that it was premeditated.
US Attorney General Pam Bondi has called for Mangione to face capital punishment, describing the charges against him as a “premeditated cold-blooded assassination that shocked America”.
But in the new court filing, Mangione’s legal team argues federal prosecutors have “violated Mr Mangione’s constitutional and statutory rights” by “staging a dehumanizing, unconstitutional ‘perp walk’ where he was televised, videotaped, and photographed clambering out of a helicopter in shackles” on the way to his first court appearance.
The legal team, led by former Manhattan prosecutor Karen Friedman Agnifilo, also claims the death penalty case has been “fatally prejudiced” after President Donald Trump commented on it on Fox News.
Despite laws that prohibit any pre-trial commentary that could prejudice the defendant’s right to a free trial, he told the network on Thursday: “Think about Mangione. He shot someone in the back, as clear as you’re looking at me or I’m looking at you.”
Image: UnitedHealthcare chief executive Brian Thompson.
Pic: UnitedHealth Group/AP
The defence team’s 114-page court filing reads: “There is a high bar to dismissing an indictment due to pretrial publicity.
“However, there has never been a situation remotely like this one where prejudice has been so great against a death-eligible defendant.”
Federal prosecutors have until 31 October to respond to the documents.
Mangione has pleaded not guilty to all the state charges against him, which cannot result in the death penalty and only life imprisonment, unlike federal ones. He has also pleaded not guilty to the federal charges.
He is due back in court for a pre-trial hearing in the state case on 1 December and the federal case on 5 December.
The 27-year-old was arrested five days after Mr Thompson was killed – when he was spotted at a McDonald’s in Altoona, Pennsylvania, around 230 miles west of New York City.
Image: One of three Russian MiG-31 fighter jets in images shared by Sweden’s armed forces. Pic: Swedish Armed Forces
The three incursions into NATO airspace fuelled concerns about the potential expansion of Russia‘s three-year war in Ukraine and have been seen as an attempt by Moscow to test the military alliance’s response.
The incident over Poland prompted its prime minister, Donald Tusk, to warn that his country was the closest to “open conflict” it had been since the Second World War, while the UK announced it would provide Warsaw with extra air cover.
Two RAF Typhoons, supported by an RAF Voyager air-to-air refuelling plane, took off from RAF Coningsby, in Lincolnshire, on Friday night to defend Poland’s skies before returning safely early on Saturday morning.
Image: A Gerbera drone landed in a field in the Olesno region of Poland
Defence Secretary John Healey said the mission sends a clear signal that “NATO airspace will be defended”.
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“I’m proud of the outstanding British pilots and air crew who took part in this successful operation to defend our allies from reckless Russian aggression.”
He said the mission was “especially poignant” coming as the UK marks the 85th anniversary of the Battle of Britain – when Polish pilots came to the aid of the UK – this weekend.
The head of the RAF, Air Chief Marshal Harv Smyth, said: “This sortie marks the RAF’s first operational mission on Eastern Sentry, reinforcing the UK’s steadfast commitment to NATO and its allies.
“We remain agile, integrated, and ready to project airpower at range.”