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Close polls, likely legal challenges: How TV networks will handle another election week

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Close polls, likely legal challenges: How TV networks will handle another election week

Ever since network television started covering presidential election nights in 1948, there have been only two occasions when viewers had to wait more than a day to learn the outcome.

The first was in 2000, when the country was on hold for five weeks before the U.S. Supreme Court put an end to the vote recounts in Florida and gave George W. Bush the White House over Al Gore.

Twenty years later, viewers sweated it out for four days before the networks put 270 electoral votes in President Biden’s column on Nov. 7, 2020. Pandemic restrictions led to officials counting an unprecedented number of mail-in ballots, slowing the process. Former President Trump’s legal challenges to the results and his attempts to block the certification of the vote became a saga that culminated in the Jan. 6, 2021, insurrection.

CNN anchor Wolf Blitzer calls the election for Joe Biden.

(CNN)

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The bumpy ride of 2020 has TV news operations preparing for more uncharted territory when ballot counting begins Tuesday night in the tight race between Trump and Vice President Kamala Harris. The 2024 election could be decided by narrow margins in as many as seven states, and Trump already is making accusations of voter fraud, as he did four years ago.

“If the polls are accurate, we’re in for a real doozy,” said Chris Stirewalt, political editor for cable network NewsNation and a senior fellow at the American Enterprise Institute, a Washington think tank.

Executives across the network news divisions say they will deploy a greater number of correspondents throughout the swing states, some assigned specifically to deal with election security and protests. Attorneys with experience in election issues have become a very hot commodity in TV newsrooms.

“We really bolstered up our state election law expertise,” said Catherine Kim, executive vice president for editorial at NBC News. “They’re going to be working around the clock.”

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NBC News and MSNBC will have a “reading room” at its Rockefeller Center headquarters where its team of legal correspondents and analysts will be ready to break down court cases if they come in.

CNN has hired Benjamin Ginsberg, the election lawyer who represented the Bush campaign in 2000. Fox News has added Thomas Dupree, an assistant district attorney during the Obama administration, to its team of legal experts.

CBS News will have a “Democracy Desk” to analyze voting-related matters and its CBS News Confirmed unit to fact-check reports. ABC has a “Ballot Watch” unit that will monitor election integrity.

Networks once prided themselves on being the first to declare the election results. Not anymore.

“Calling the election is treacherous territory,” said Rick Klein, vice president and Washington bureau chief for ABC News. “I think very few viewers know or care who projects a state first, but every viewer should care that they are projected right.”

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Being first and right can even have its drawbacks in the current hyper-partisan environment.

In 2020, Fox News, which teams with the Associated Press and research organization NORC at the University of Chicago to analyze the results, correctly called Arizona for Biden at 11:20 (Eastern) on election night with roughly 80% of the vote counted. The decision, which shifted the unfolding narrative of the race, angered the Trump campaign and caused consternation internally at the network. The conservative-leaning channel even saw an exodus of angry viewers in the months that followed.

Fox News never wavered in its decision to award Arizona’s 11 electoral votes to Biden days before its competitors. But this time around, viewers should be prepared to wait.

“There may not be projections at all on election night,” Klein said. “I think we just need to be honest about the extent of the uncertainty out there even as polls close and the results start to roll in.”

“We’ve come to expect the unexpected along the way, and that will be our approach on election night,” said Doug Rohrbeck, senior vice president, Washington news and politics, for Fox News.

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While the process in 2020 was influenced by the tens of millions of people who had voted early, a group that leaned Democratic, no one is sure what the impact will be this time around.

“Republicans, smarting from their loss in 2020, have embraced early and absentee voting,” Stirewalt said. “And former President Trump no longer talks about the problem of mail-in ballots, or certainly not as much. So I think we had better proceed into election night with a lot of humility and a real openness to the possibility that assumptions we’ve had in the past might be wrong.”

Arnon Mishkin, director of the Fox News decision desk, explains his call of Arizona for Biden.

Arnon Mishkin, director of the Fox News decision desk, explains his call of Arizona for Biden.

As charges of irregularities in the voting are likely to pop up, news organizations are expected to be transparent.

In previous elections, the political scientists, analysts and statisticians who make up the teams that call the races appeared on camera only when absolutely necessary. This time CBS News plans to give viewers a closer look at the process of calling states. NewsNation is partnering with Decision Desk HQ to handle its vote counting and will have a camera fixed on the room where the counting happens.

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A man in a suit, who is a news executive for ABC News, stands in front of a screen that says "Your voice, your vote."

“There may not be projections at all on election night,” says Rick Klein, vice president and Washington bureau chief for ABC News.

There will be more correspondents and producers deployed in key counties inside the swing states showing the official process.

“I think we’re going to see more live counting of ballots than ever before,” said Mary Hager, executive editor for politics at CBS News.

There is also another possible scenario for election night 2024: The prognostications could be off, as they have been in the last three presidential election cycles, with the possibility of a winner declared after the polls close on the West Coast.

It happened in 2012 when President Obama was running neck and neck with his Republican opponent, Mitt Romney, in the final weeks of the campaign. Obama ended up winning the popular vote by four points and swamped Romney in the electoral vote count 332 to 206.

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“It could be an electoral landslide in either direction,” Klein said. “No one should be surprised by either outcome.”

A man in a suit, who is the political director for the cable network NewsNation, talks.
“If the polls are accurate, we’re in for a real doozy,” said Chris Stirewalt, political director for cable network NewsNation.

(NewsNation)

Stirewalt believes viewers will get some guidance from the results in North Carolina and Georgia, where polls close before 8 p.m. (Eastern) and which have a reputation for counting votes quickly.

“We will get an immediate core sample of what the electorate looks like, and we’ll start to figure out between 7:30 [and] 9:30 which way the polls were wrong, or maybe they were right and it’s just a very close race,” Stirewalt said. “If the polls are wrong, they tend to be in the same direction everywhere.”

Stirewalt’s hope is that whatever the outcome, it doesn’t replicate the drawn-out battle of 2000 between Bush and Gore, which happened during a comparatively more civil time in the nation’s politics.

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“I do not think we have the institutional strength and confidence in our leaders to go through an ordeal like that,” he said.

Movie Reviews

‘The Tank’ Review: A War Film More Abstract Than Brutal (Prime Video) – Micropsia

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‘The Tank’ Review: A War Film More Abstract Than Brutal (Prime Video) – Micropsia

The Tiger Is the Tank. Or rather, the type of German tank that gives the film its international title—just in case anyone might confuse this war story with an adventure movie involving wild animals. The tank itself is the film’s container, much as The Boat was in the legendary 1981 film it openly seeks to emulate in more than one respect, or as the more recent tank was in the Israeli film Lebanon (2009). Yes, much of Dennis Gansel’s movie unfolds inside a tank called Tiger, but what it is ultimately trying to tell goes well beyond its cramped metal walls.

This large-scale Prime Video war production has been described by many as the platform’s answer to Netflix’s success with All Quiet on the Western Front, the highly decorated German film released in 2022. In practice, it is a very different proposition. Despite the fanfare surrounding its release—Amazon even gave it a theatrical run a few months ago, something it rarely does—the film made a far more modest impact. Watching it, the reasons become clear. This is a darker, stranger movie, one that flirts as much with horror as with monotony, and that positions itself less as a traditional war film than as an ethical and philosophical meditation on warfare.

The first section—an intense and technically impressive combat sequence—takes place during what would later be known as the Battle of the Dnieper, which unfolded over several months in 1943 on the Eastern Front, as Soviet forces pushed back the Nazi advance. Der Tiger is the type of tank carrying a compact platoon—played by David Schütter, Laurence Rupp, Leonard Kunz, Sebastian Urzendowsky, and Yoran Leicher—that miraculously survives the aerial destruction of a bridge over the river.

Soon afterward—or so it seems—the group is assigned a mission that, at least in its initial setup, recalls Saving Private Ryan. Lieutenant Gerkens (Schütter) is ordered to rescue Colonel Von Harnenburg, stranded behind enemy lines. From there, the film becomes a journey through an infernal landscape of ruined cities, corpses, forests, and fog—a setting that, thanks to the way it is shot, feels more fantastical than realistic.

That choice is no accident. As the journey begins to echo Apocalypse Now, it becomes clear that the film is less interested in conventional suspense—mines on the road, the threat of ambush—than in the strangeness of its situations and environments. When the tank plunges into the water and briefly operates like a submarine, one may reasonably wonder whether such technology actually existed in the 1940s, or whether the film has deliberately drifted into a more extravagant, symbolic territory.

This is the kind of film whose ending is likely to inspire more frustration than affection. Though heavily foreshadowed, it is the sort of conclusion that tends to irritate audiences: cryptic, somewhat open-ended, and more suggestive than explicit. That makes sense, given that the film is less concerned with depicting the daily mechanics of war than with grappling with its aftermath—ethical, moral, psychological, and physical.

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In its own way, The Tank functions as a kind of mea culpa. The platoon becomes a microcosm of a nation that “followed orders” and committed—or allowed to be committed—horrific acts in its name. The flashbacks scattered throughout the film make this point unmistakably clear. The problem is that, while these ideas may sound compelling when summarized in a few sentences (or in a review), the film never manages to turn them into something fully alive—narratively, visually, or dramatically.

Only in brief moments—largely thanks to Gerkens’s perpetually worried, anguished expression—do those ideas achieve genuine cinematic weight. They are not enough, however, to sustain a two-hour runtime that increasingly feels repetitive and inert. Unlike the films by Steven Spielberg, Wolfgang Petersen, Francis Ford Coppola, and others it so clearly references, The Tank remains closer to a concept than to a drama, more an intriguing reflection than a truly effective film.


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Electric violinist sues Will Smith, alleging sexual harassment, wrongful termination

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Electric violinist sues Will Smith, alleging sexual harassment, wrongful termination

Will Smith and his company Treyball Studios Management Inc. are being sued by an electric violinist who is claiming wrongful termination, retaliation and sexual harassment — allegations denied by the actor-rapper-producer in a statement from his attorney.

Brian King Joseph alleges in a lawsuit filed earlier this week that Smith hired him to perform on the 2025 Based on a True Story tour, then fired him before the tour began in earnest in Europe and the U.K.

Joseph, who finished third in Season 13 of “America’s Got Talent,” went onto Instagram in the days before filing his lawsuit and posted a Dec. 27 video saying that he had been hired for “a major, major tour with somebody who is huge in the industry” but “some things happened” that he couldn’t discuss because it was a legal matter.

Electric violinist Brian King Joseph, seen performing at an awards show last October, is suing for wrongful termination, retaliation and sexual harassment.

(Tommaso Boddi / Getty Images for Media Access Awards)

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But, he said, “Getting fired or getting blamed or shamed or threatened or anything like that, simply for reporting sexual misconduct or safety threats at work, is not OK. And I know that there’s a lot of other people out there who have been afraid to speak up, and I understand. If that’s you, I see you. … More updates to come soon.”

In the lawsuit, filed Tuesday in Los Angeles County Superior Court and reviewed by The Times, Joseph alleges that he and Smith struck up a professional relationship in November 2024, after which Joseph performed at two of Smith’s shows in San Diego and was invited to perform on several tracks for Smith’s “Based on a True Story” album, which was released March 28.

After the performances in San Diego, Joseph posted video of a show on Instagram with the caption, “What an honor to share the stage with such legends and a dream team of musicians. From playing in the streets to sharing my music on stages like this, this journey has been nothing short of magic — and this is just the beginning. Grateful beyond words for every single person who made this possible.”

While working on the album, the lawsuit alleges, “Smith and [Joseph] began spending additional time alone, with Smith even telling [Joseph] that ‘You and I have such a special connection, that I don’t have with anyone else,’ and other similar expressions indicating his closeness to [Joseph].”

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Joseph soon joined Smith and crew for a performance in Las Vegas, the lawsuit says — on March 20 at the House of Blues at Mandalay Bay — with Smith’s team booking rooms for everyone involved. Joseph left his bag, which contained his room key, in a van that took performers to rehearsal, and then the bag went missing for a couple of hours after he requested someone get it for him, the suit says.

When Joseph returned to his room late that night, according to the complaint, he found evidence that someone had entered his room without his permission.

“The evidence included a handwritten note addressed to Plaintiff by name, which read ‘Brian, I’ll be back no later [sic] 5:30, just us (drawn heart), Stone F.,’” the document says. “Among the remaining belongings were wipes, a beer bottle, a red backpack, a bottle of HIV medication with another individual’s name, an earring, and hospital discharge paperwork belonging to a person unbeknownst to Plaintiff.”

Joseph worried that “an unknown individual would soon return to his room to engage in sexual acts” with him, the complaint says.

It adds that Joseph, “concerned for his safety and the safety of his fellow performers and crew,” alerted hotel security and representatives for Treyball and Smith, took pictures, requested a new room and reported the incident to police using a non-emergency line. Hotel security found no signs of forced entry, and Joseph flew home the next day.

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Several days later, rather than being called on to join the next part of the tour, a Treyball representative told him the tour was “going in a different direction,” the lawsuit says, and that his services were no longer needed. The representative “redirected the blame for the termination onto [Joseph], replying, ‘I don’t know, you tell me, because everyone is telling me that what happened to you is a lie, nothing happened, and you made the whole thing up. So, tell me, why did you lie and make this up?’ [Joseph], shocked at the accusation, had nothing further to say,” as he believed the reports and evidence from Las Vegas spoke for themselves.

Joseph alleges in the lawsuit that as a result of events in Las Vegas and in the days immediately afterward, he suffered severe emotional distress, economic loss and harm to his reputation. He also alleges that the stress of losing the job caused his health to deteriorate and that he suffered PTSD and other mental illness after the termination.

“The facts strongly suggest that Defendant Willard Carroll Smith II was deliberately grooming and priming Mr. Joseph for further sexual exploitation,” the lawsuit alleges. “The sequence of events, Smith’s prior statements to Plaintiff, and the circumstances of the hotel intrusion all point to a pattern of predatory behavior rather than an isolated incident.”

The Times was unable to reach publicists or a lawyer for Will Smith because of the holiday. However, Smith attorney Allen B. Grodsky told Fox News on Thursday that “Mr. Joseph’s allegations concerning my client are false, baseless and reckless. They are categorically denied, and we will use all legal means available to address these claims and to ensure that the truth is brought to light.”

Joseph’s attorney, Jonathan J. Delshad, recently filed sexual assault civil suits against Tyler Perry on behalf of actors who say they were not hired for future work by the billionaire movie and TV producer after they rejected his alleged advances.

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Joseph is seeking compensatory and punitive damages and payment of attorney fees in an amount to be determined at trial.

The Based on a True Story tour played 26 dates in Europe and the U.K. last summer. Nine of the acts were headlining gigs, while the rest were festivals.

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Movie Reviews

‘Marty Supreme’ is Supreme Cinema – San Diego Jewish World

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‘Marty Supreme’ is Supreme Cinema – San Diego Jewish World

By John E. Finley-Weaver in San Diego

John E. Finley-Weaver
(SDJW photo)

My wife convinced me to watch a movie about ping pong. And, having acquiesced to her proposal, I dove face-first into a kettle of willful ignorance, knowing only that Some Guy Timothée Chalamet of Dune 1 and Dune 2 and A Complete Unknown (another of her suggestions) was the lead, and that what we were soon to watch might move me. Or, at the very least, that it might entertain me.

The movie did not disappoint.

In fact, Marty Supreme is the absolute best film about table tennis that I have ever seen. And I’ve seen all of one of them so far, although I am aware of and have seen a few clips of Robert Ben Garant’s Balls of Fury.

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But, holy mackerel, Marty Supreme is not just a movie about some lanky goniff whose inner craving for focused dominance in one specific realm compels him to pursue a shiny, sportsball “X” trophy, culminating in a crowd-pleasing, applause roar of triumph . . . a  n  d . . . cut to the end credits, supplemented by a catchy, happy song . . . . “Honey, let’s get to the restroom, fast!”

Uh-uh. Nay. Marty Supreme is a lived-in world (like the Star Wars universe, but way different and way better) populated by tactile characters, each of whom has their own, inferred history and glob of yearnings. And they have warts. Lots of warts. Warts and all.

Marty Mauser, the Jewish protagonist of Marty Supreme, is a plucky ping pong imp and shoe salesman, in addition to being a nimble and loquacious malarkey artist. He is also a shockingly-gawdawful, verbal bastard person to his mother, played by Fran Drescher, who left her specific, discount Phyllis Diller voice in the dustbin of screen history where it belongs, much to the contentment of my sensitive ears.

Marty Mauser is even more a womanizer and a thief. And he is a delight. And, because boring, nice boys don’t have movies made about them, he does something for his ema that is chutzpahdik, illegal, vandalicious, unhistorical, and tear-inducingly sweet.

And again, dear Reader, I went into this movie knowing most of nothing about it. If you are like me, fear not: I shan’t disclose the plot.

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Marty Mauser’s partners in life and “crime” are the facially-delicious Rachel, played by Odessa A’zion and best bud Wally, performed by Tyler Okonma, each complementarily savvy to Marty’s needs and wants.

The remainder of the film’s actors is a gathering of casting directorial genius: Kevin O’Leary, the that guy from some reality television show that I will never watch; Gwyneth Paltrow; director Abel Ferrara; Sandra Bernhard, my lukewarm, high school “bad girl” crush; Géza Röhrig, whose character is seven year’s fresh from a Nazi death camp and hauntingly beautiful; Koto Kawaguchi, the movie-world champion and legally-deaf Tommy-esque pinball wizard of ping pong and real-world champion of the game; Pico Iyer, Indo-Limey travel writer, meditator, and inveterate outsider; George Gerwin, a very retired basketball player; Ted Williams and his golden voice; Penn Jillette, agrarian and blasty; Isaac Mizrahi, obviously “out” in 1952; and David freaking Mamet.

Gush.

And great googly woogly. They all do their jobs so gosh darn well that I don’t notice them as actors acting.

And then, as I have done since I was a child, for science fiction books, for television, and for movies, I recast, in my mind’s eye, all of the characters and their associated journeys as different people. I made an all-Negro cast of the film. And it worked. No radical changes to the script were necessary. I did the same for a spunky, mid-West farm girl as the lead. That worked. I tried again, using a Colombian lesbian. That worked too.

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I praise the cinematic vision of Director Josh Safdie. I praise the wide accessibility of the script he co-wrote with Ronald Bronstein: Thank you. The expected plot points, the tropes of moviedom, the “inevitable” happenings of standard movies never really happened. Marty Supreme zaggled and Zelig’d when I expected it to zig.

A lesser film would not have surprised me in most of its story structure, its scenes, or its character paths. A lesser film would have had me in my seat, either smugly prognosticating the next events, or non-thinkingly rapt for entire scenes. This film, this masterpiece of storytelling and visual and aural execution outsmarted me. It outsmarted my movie mind, and for that, I am grateful.

Marty Supreme is a very Brooklyn Jewy movie, but it sings from the standard Humanity of us all, to each of us. And that is movie making at its finest.

*
Cinema buff John E. Finley-Weaver is a freelance writer based in San Diego.

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