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Fox News faces new legal threat from Smartmatic 

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Fox News faces new legal threat from Smartmatic 

Fox Information has settled a blockbuster case introduced by Dominion Voting Methods, however the community’s authorized complications aren’t over but. 

A separate lawsuit from voting programs firm Smartmatic equally accuses Fox of maliciously giving Trump legal professionals Sidney Powell and Rudy Giuliani a platform to air false claims in regards to the 2020 presidential election.

However not like Dominion, Smartmatic is suing a number of hosts and Giuliani as people, along with Fox. The corporate is in search of a minimum of $2.7 billion in damages, greater than thrice the dimensions of Fox’s latest $787.5 million settlement with Dominion final week. And the case will likely be tried in New York state courtroom, slightly than Delaware.

“Dominion’s litigation uncovered a number of the misconduct and harm brought on by Fox’s disinformation marketing campaign,”  Erik Connolly, an legal professional for Smartmatic, stated in a press release shortly after the settlement with Dominion was introduced. 

“Smartmatic will expose the remainder. Smartmatic stays dedicated to clearing its title, recouping the numerous harm carried out to the corporate, and holding Fox accountable for undermining democracy.” 

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A trial within the Smartmatic case would nonetheless be months away, if not years. No date has been set, however Fox misplaced its first bid to toss Smartmatic’s go well with, permitting the case to maneuver onto discovery. 

“We will likely be able to defend this case surrounding extraordinarily newsworthy occasions when it goes to trial, seemingly in 2025,” a spokesperson for the community stated this week. “As a report ready by our monetary professional reveals, Smartmatic’s damages claims are implausible, disconnected from actuality, and on its face supposed to sit back First Modification freedoms.”

Nonetheless, some observers see the Smartmatic case ending similarly to how Dominion’s lawsuit did final week. 

“I don’t see actually any authorized or factual manner for Fox to have a special outcome within the Smartmatic litigation than it had in Dominion,” stated Rodney Smolla, president of Vermont Regulation and Graduate College, who served as a lawyer for Dominion in its defamation case.

“I do know it issued the press launch yesterday, saying it appeared ahead to defending itself, however my intuition is that’s simply settlement posturing,” he added. “It doesn’t replicate a practical view of the regulation or details.”

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Fox defended itself in Dominion’s go well with partly by asserting that it was protected below a First Modification “impartial report” privilege, arguing the allegations made by Trump and his associates, like attorneys Rudy Giuliani and Sidney Powell, have been newsworthy and Fox had a journalistic obligation to current them.

However Smartmatic’s case is in New York, the place that impartial reporting privilege has beforehand been rejected. When Fox asserted such a privilege in Dominion’s case, the decide discovered the New York precedent was “binding on this courtroom” and rejected that protection, including that even when it did apply, Fox couldn’t leverage it as a result of they didn’t conduct “good-faith, disinterested reporting.”

Fox is nonetheless expressing confidence in its probabilities in courtroom towards Smartmatic, insisting that the voting programs firm can’t tie any damages it could have suffered to Fox’s segments, as a result of the voter fraud claims at concern have been promoted in lots of different locations.

The Smartmatic case is simply the most recent chapter in a string of authorized battles and adverse headlines for the nation’s largest cable community over its protection of former president Trump and the 2020 election.

Days forward of the Dominion settlement, Fox for an undisclosed quantity settled one other defamation case introduced by a Venezuelan businessman towards the community and host Lou Dobbs, who has since left the community. That go well with referenced claims that the businessman rigged the presidential election utilizing Smartmatic and Dominion voting machines.

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Notably in its assertion on the settlement with Dominion, Fox acknowledged “the Court docket’s rulings discovering sure claims about Dominion to be false.” 

“This settlement displays Fox’s continued dedication to the best journalistic requirements,” the community added. 

How the pair of big-money lawsuits will have an effect on the community’s status with its huge, largely conservative viewers stays to be seen. 

Nielsen Media Analysis information reveals Fox has not skilled any important dip in its outsized viewers share throughout the Dominion go well with and its main advert executives have stated its revenues have been unaffected by the lawsuits it faces. 

“Whereas the left appears to be following and delighting within the lawsuit, among the many Individuals most impacted by Fox, conservatives and Republicans, most aren’t actually tuning in,” stated Chris Jackson, pollster and senior vp of U.S. public affairs at Ipsos. 

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Nonetheless, authorized consultants say the Dominion settlement may function one other watershed second for each Fox and media protection of controversial issues of public debate. 

“Having settled in such a public manner for such a giant quantity, it’s going to be much more troublesome for Fox to discover a jury that isn’t a minimum of considerably conscious of this earlier settlement on a really comparable concern,” stated Chris Mattei, an legal professional who helped win a historic $1.5 billion defamation case towards conspiracy theorist Alex Jones on behalf of the households of Sandy Hook victims. 

“It feels to me just like the case towards Jones and the case towards Fox are essential moments in combating what’s changing into an ever-increasing menace of disinformation spreading by way of the nation.”

–Up to date at 6:31 a.m.

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Trump Says He’s ‘Not Joking’ About Seeking a Third Term in Defiance of Constitution

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Trump Says He’s ‘Not Joking’ About Seeking a Third Term in Defiance of Constitution

President Trump did not rule out seeking a third term in office on Sunday, telling NBC News that he was “not joking” about the possibility and suggesting there were “methods” to circumvent the two-term limit laid out in the Constitution.

In wide-ranging remarks to “Meet the Press,” Mr. Trump said “a lot of people” wanted him to serve a third term, described himself as “pissed off” at President Vladimir V. Putin of Russia and vowed to impose tariffs on global rivals, according to a transcript of the interview provided by the network.

“A lot of people want me to do it,” he said to the program’s host, Kristen Welker, about the possibility of a third term. “But we have — my thinking is, we have a long way to go. I’m focused on the current.”

Any attempt to seek a third term would run afoul of the 22nd Amendment, which begins, “No person shall be elected to the office of the president more than twice.”

On Sunday, after the release of the interview, the White House reiterated Mr. Trump’s point that he was focused on his current term, and added that it was “far too early to think about” the idea.

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“Americans overwhelmingly approve and support President Trump and his America First policies,” Steven Cheung, the White House communications director, said in a statement. He added that Mr. Trump was focused on “undoing all the hurt” done by the Biden administration and “Making America Great Again.”

Mr. Trump has often mused about the idea of a third term, particularly in rallies and speeches that have delighted his supporters, though he has often treated it more as a humorous aside. The interview was the first time that Mr. Trump indicated that he was seriously considering the idea, which his allies have continued to amplify. Already he has likened himself to a king, shown an affinity for autocratic leaders and displayed governance tactics constitutional experts and historians have compared to authoritarianism.

Three days after Mr. Trump was sworn in for the second time, Representative Andy Ogles of Tennessee proposed an amendment to the Constitution that would make Mr. Trump eligible for a third term. Such a measure would be extraordinarily difficult: Constitutional amendments require approval by a two-thirds vote of Congress and then the ratification of three-fourths of the states.

In the interview, Ms. Welker noted that she had heard him joke about serving a third term a number of times. Mr. Trump made it clear he considered it a real possibility.

“No, no I’m not joking,” he said. “I’m not joking.”

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Ms. Welker asked Mr. Trump whether he had been presented with plans, and he said that he had not — but added that there were “methods which you could do it.”

Ms. Welker suggested one possibility: having Vice President JD Vance at the top of the ticket in 2028, only to pass the office on to Mr. Trump after winning. Mr. Trump acknowledged “that’s one” way it could happen.

“But there are others too,” he said. “There are others.”

Mr. Trump declined to say what those could be.

Derek T. Muller, a law professor at the University of Notre Dame and a scholar in election law, said there has been a dissenting view about the provision of the 22nd Amendment — which focuses on being “elected” president without addressing the idea of ascending to the office. However, he said, such a route would be complicated by the 12th Amendment.

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Mr. Muller pointed out that the 12th Amendment states that “no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.”

Mr. Muller said he very much doubted that would provide a path to a third term for Mr. Trump.

“You’d have to have so many pieces fall into place for this even to be practically viable, on top of this complicated legal theory,” he said.

In his remarks to Ms. Welker, the president also leveled his strongest criticism to date against Mr. Putin, threatening to impose “secondary tariffs” on Russia’s oil if the country thwarted negotiations on a cease-fire deal with Ukraine that would stop the fighting.

The comments signaled growing impatience with the negotiations. Mr. Trump said that tariffs of 25 to 50 percent on Russian oil could be imposed at “any moment” and that he planned to speak with his Russian counterpart this week.

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“If Russia and I are unable to make a deal on stopping the bloodshed in Ukraine, and if I think it was Russia’s fault — which it might not be — but if I think it was Russia’s fault, I am going to put secondary tariffs on oil, on all oil coming out of Russia,” Mr. Trump said.

Mr. Trump has previously referred to secondary tariffs as levies on imports from countries that purchase products from a nation he’s targeted in his foreign policy. The White House did not immediately respond to a request for comment.

The comments were notable given the steps that Mr. Trump has taken to align himself with Mr. Putin, despite the United States’ support for Ukraine since Russia’s full-scale invasion more than three years ago. Since taking office, Mr. Trump has declined to acknowledge that it was Russia who started the war, falsely declared President Volodymyr Zelensky of Ukraine a “dictator,” but not Mr. Putin, and accused Mr. Zelensky of not wanting peace.

Mr. Trump’s remarks also underscored his increasing promise to use tariffs to compel countries to bend to his domestic and foreign policy goals. In the same phone call, he said he would consider secondary tariffs on Iran if it did not reach a deal with the United States to ensure it did not develop a nuclear weapon, Ms. Welker said.

Mr. Trump told Ms. Welker that he was “very angry, pissed off” at Mr. Putin for questioning the credibility of Mr. Zelensky, and for discussing the prospect of new leadership in that country. Mr. Trump suggested that such comments could set negotiations back, and that they were ”not going in the right location.”

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“New leadership means you’re not going to have a deal for a long time, right?” Mr. Trump said.

Russia and Ukraine have agreed to a limited truce, but that has fallen short of the complete pause in combat that Trump administration officials have sought, with Ukraine’s support. The limited cease-fire remains tenuous as Russia seeks more concessions and Ukraine has expressed doubt that a truce would be upheld.

On negotiations about Iran’s nuclear capabilities, Mr. Trump said officials from both countries were “talking,” according to NBC’s account of Ms. Welker’s call with the president, although he raised the prospect of military action if economic and other measures do not succeed.

“If they don’t make a deal,” Mr. Trump said about Iran, “there will be bombing. It will be bombing the likes of which they have never seen before.”

Earlier this month, Mr. Trump sent a letter to Iran’s supreme leader, Ayatollah Ali Khamenei, urging direct negotiations with the government in Tehran on a deal to curb the country’s advancing nuclear program. The letter said Mr. Trump preferred diplomacy over military action.

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Mr. Trump’s raising of secondary tariffs on oil from Russia and Iran was the latest example of the president’s interest in using the prospect of economic pressure on third-party nations.

Last week, he issued an executive order on Monday to crack down on countries that buy Venezuelan oil by imposing tariffs on the goods those nations send into the United States, claiming that Venezuela has “purposefully and deceitfully” sent criminals and murderers into America.

Mr. Trump called the new levies he threatened on buyers of Venezuelan oil “secondary tariffs,” a label that echoed “secondary sanctions” — penalties imposed on other countries or parties that trade with nations under sanctions.

Some trade and sanctions experts said existing secondary sanctions associated with countries such as Russia and Iran already were not well enforced, and questioned whether the United States would have the capacity to pull off new tariff-based penalties.

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The realpolitik of Trump’s tariffs

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The realpolitik of Trump’s tariffs

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T-day — or Tariff Day — is coming this week. Or not. We simply won’t know until it’s here, given that President Donald Trump changes his mind about policy daily. But assuming reciprocal tariffs do go into effect, it’s worth thinking about them as Trump himself probably does. 

Economists might fret about their inflationary effects, but Trump isn’t motivated by classical economic theory. To the extent that he thinks about tariffs in purely economic terms at all, he would look at the evidence of the increased tariffs against China during his first term, between 2018 and 2019, and note that, even though these represented a material adjustment in rates, they had minimal inflationary effect.

As Stephen Miran, the chair of Trump’s Council of Economic Advisers, put it in his now infamous report “A User’s Guide to Restructuring the Global Trading System”, the result of these tariffs was that “the dollar rose by almost the same amount as the effective tariff rate, nullifying much of the macroeconomic impact but resulting in significant revenue. Because Chinese consumers’ purchasing power declined with their weakening currency, China effectively paid for the tariff revenue.” 

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Readers who want to understand America’s current tariff strategy would do better to think less about orthodox economics, and more about the realpolitik that motivates Trump. There are three points to consider here.

Trump’s realpolitik rule number one is that burden sharing between America and the rest of the world must shift. We already know about this in terms of the US push for more European defence spending. But when it comes to tariffs, there are only three numbers that matter to Trump: the average US tariff rate on other countries is 3 per cent; Europe’s is 5 per cent; and China’s is 10 per cent. To him, and to many Americans, those figures seem fundamentally unfair. If the president can move those averages closer together within four years without any major inflationary impact or a market crash, that will represent success to him, and to many voters.

Realpolitik rule two is that China is the most critical geostrategic threat to the US and must be countered by any means necessary. Trade deficits between the two countries matter to Trump, but so does security. This is the reason that he is pursuing decoupling in areas such as ships, technology, critical minerals and energy, creating separate nodes of production and consumption globally for security reasons. It is all about being able to project power and strength, which are the things — aside from wealth — that motivate him.

There are certainly exceptions to this. For example, it doesn’t make a whole lot of sense to allow American financiers to pay for the rebuilding of the Nord Stream 2 pipeline to carry Russian gas into Europe (not that many Europeans would trust Vladimir Putin with their energy security anyway), given the tight relationship between Russia and China. It’s much smarter to use cheap US natural resources as a bargaining chip in trade negotiations with Europeans. These are the sorts of head-scratching Trumpian decisions that bolster the idea that his only real north star is commerce and short-term transactionalism.

Still, supply-chain independence from China is a stated goal for the administration, not only for reasons of trade but for security. If you don’t have independent supply chains to produce crucial goods, you don’t have national security. Or, as Trump has said, “if you don’t have steel, you don’t have a country.” The US doesn’t even want to count unequivocally on allies that have significant trade relationships with China, as Europe does (China is the EU’s largest import partner, and trade dependency between the two regions has increased in recent years), because the administration doesn’t believe it will be able to trust them given their economic dependence on Beijing.

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Finally, realpolitik rule three is that the Trump administration views the dollar as both an exorbitant privilege, as then French finance minister Valéry Giscard d’Estaing put it in the 1960s, and an exorbitant burden. The emphasis right now is on the latter.

The possibility of a “Mar-a-Lago” accord to weaken the dollar is roughly based on Ronald Reagan’s 1985 Plaza Accord, which did the same thing relative to European and Japanese currencies. In both cases, the goal was to make US exports more competitive. 

While many people believe Trump would never do anything to destabilise the dollar and thus potentially endanger the US stock market, it’s worth bearing in mind that his re-election is no longer on the table. Share prices undoubtedly matter to him, but legacy probably matters more. Being the president who ended the Bretton Woods era would be quite the legacy.

Consider too that the dollar must weaken to support re-industrialisation, which is crucial to realpolitik rule number two. This is also an echo of the Reagan era, another period in which realpolitik mattered as much as economics.

Reagan was a free trader, but also a defence hawk. He worried about US exports and supply chain security; indeed, his deputy US trade representative Robert Lighthizer, who was later Trump’s USTR, put pressure on the Japanese to limit exports of steel, cars and other goods in part for this reason.

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Realpolitik is practical, not moral or ideological. If Trump thinks tariffs will help him, he won’t care who they’ll hurt.

rana.foroohar@ft.com

    

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Some progress made in recovering U.S. Army soldiers submerged in Lithuanian swamp

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Some progress made in recovering U.S. Army soldiers submerged in Lithuanian swamp

Military personnel work at the site of a rescue operation for missing U.S. soldiers at Pabradė training ground, in Lithuania, on Friday.

Petras Malukas/AFP via Getty Images


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Scores of soldiers and rescue workers are heading to Lithuania to assist in the recovery efforts of four U.S. Army soldiers whose vehicle has been submerged in a swamp for more than five days.

The soldiers, all part of the 1st Brigade, 3rd Infantry Division, based at Fort Stewart in Georgia, went missing in the early hours of March 25 while on a training mission to recover another Army vehicle.

The incident happened in a training area near Pabradė, a city in eastern Lithuania close to the Belarus border. The vehicle carrying the four soldiers was discovered the next day, buried under a thick layer of mud and water.

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Recovery efforts have been complicated by the muddy swampland and massive 70-ton weight of the missing soldiers’ M88 Hercules armored vehicle.

U.S. soldiers attend a Holy Mass for the four U.S. soldiers who went missing during exercises conducted by the United States at the Pabrade training ground, at the Cathedral Basilica in Vilnius, Lithuania on Sunday.

U.S. soldiers attend a Holy Mass at the Cathedral Basilica in Vilnius, Lithuania, on Sunday, for the four U.S. soldiers who went missing.

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In an update, the Army said the vehicle continued to sink into the bog and was about 13 feet below the water’s surface and stuck in more than 6 feet of mud, which U.S. officials have described as clay-like.

“It is highly complex trying to get to the vehicle itself with the terrain out here and where the M88 is sitting in a bog swamp-like area, below the waterline,” Brig. Gen. John Lloyd, commander of the U.S. Army Corps of Engineers North Atlantic Division, said in a statement Sunday.

He added: “So not only are we dealing with the terrain, a lot of mud that is over top of the vehicle, but also the fact that it’s 70 tons that we’re trying to recover out of a swamp or bog.”

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A specialized U.S. Navy dive team, who arrived on site and made an initial dive on Saturday, also had a difficult time navigating the swamp. “Last night, divers were in the water trying to get to the vehicle. We were unable to because of the amount of mud,” Lloyd said.

But on Sunday, the U.S. military said the dive team managed to successfully attach a line to one hoist point on the submerged vehicle. The goal is to hook up a series of hoists in order to pull the vehicle out of the mud.

“This is the first big step towards successfully recovering the vehicle and bringing our Soldiers home,” the U.S. Army Europe and Africa said in a statement. “We expect that process to take some time, as the amount of pressure and suction from the mud will take significant power to overcome.”

Military personnel work at the site of a rescue operation for missing US soldiers at Pabrade training ground, in Lithuania, on March 28.

Military personnel work at the site of a rescue operation for missing U.S. soldiers at Pabradė training ground, in Lithuania, on Friday.

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Over the past week, rescue crews have been working to remove water and mud from the site using various draining, digging and dredging techniques. The Army said the process has been slow and challenging due to “ground water seepage.” The terrain has been unable to support the heavy equipment required to extract the vehicle.

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More than 200 personnel have been involved in the recovery effort, including American and Lithuanian soldiers, Lithuanian authorities, and 55 engineers from the Polish Armed Forces, according to the U.S. military.

The families of the four missing soldiers have been notified and the U.S. military said it is continuing to update the families on the status of search efforts.

“This tragic situation weighs heavily on all of us,” U.S. Army Maj. Gen. Curtis Taylor, the commanding general of 1st Armored Division, said last week in a statement. “We want everyone to know, we will not stop until our Soldiers are found.”

Lithuanian defense officials prayed for the recovery efforts at a Holy Mass on Sunday, according to the country’s defense ministry.

“Shoulder to shoulder, we stand together until we find missing soldiers,” Lithuanian Defense Minister Dovilė Šakalienė said on social media on Sunday.

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