Opinion by Erik Wemple: Here are five things to watch in the Fox-Dominion trial
The legal standard for defamation places a heavy workload on Dominion lawyers, who have to prove what the people “responsible” for the cited broadcasts were thinking at the time they produced them. Dominion’s filings brim with painstaking narratives documenting the news intake of Fox News hosts, their supervisors and their underlings in the contentious weeks following Election Day 2020.
election-rigging were nonsense. The stream of debunking information flowing into the Dobbs team was robust in mid-November, Dominion told the court, yet Dobbs allowed Sidney Powell, an attorney working to help President Donald Trump overturn the lawful election results, to spout falsehoods on his program into December.
Sorting this all out will require testimony from a parade of witnesses, including Fox News hosts, producers and executives. This will be a marathon.“I will stop you,” Davis warned the assembled lawyers in pretrial hearings, should an attorney attempt to tell the jury something that conflicted with the court’s findings. That is, Davis has promised to intervene and notify jurors that what they just heard was wrong.
Webb pledged that he wouldn’t step over the line; Davis responded that he appeared to be “trying” to do so.
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