Well, well, well, because Dominion Voting Systems is suing Fox News for $1.6 billion dollars for defemination, it seems in the discovery phase of the trial, some important details are coming to light. Here is the 183 page Fox filing for those to check the facts.
First:
Dominion filed this lawsuit to make Fox News pay for participating in that vital
debate at a price that would stifle similar debates going forward. Making an
unsupportable but publicity-generating and speech-chilling claim for $1.6 billion in
damages, Dominion accused Fox News of defamation.Dominion’s lawsuit is an assault on the First Amendment and the free press. The
record shows that Dominion’s central allegations are factually unfounded, legally
unsound, or both.examination confirms that the
statements Dominion challenges are not actionable defamation because Fox News’
coverage and commentary are not only not defamatory, but also protected by the
First Amendment and New York doctrines emanating from it. The First Amendment
protects the right of the press to cover and comment on allegations that are inherently
newsworthy because of who made them or the context in which they were made. As
long as the press makes clear that the allegations are just allegations and not
demonstrable facts,
Second:
Dominion has come nowhere close to producing the “clear and
convincing” evidence that the relevant individuals at Fox News made or published
any challenged statement with actual malice.
Third:
the problem that Dominion’s measure
of damages double counts purported lost enterprise value and purported lost profits,
the record confirms that Dominion has not suffered any economic harm at all. Its
customers never believed the President’s claims, it lost no contracts due to those
claims, and its financials are better than ever.
Looking at page 15 and page 16 of this legal filing by Fox News, even Dominion’s own employees were saying what President Donald Trump was describing happening in the 2020 election!!!
Discovery in this case has revealed that Dominion’s own employees expressed
serious concerns about the security of its machines. Mark Beckstrand, a Dominion
Sales Manager, confirmed that other parties “have gotten ahold of [Dominion’s]
equipment illicitly” in the past. Ex.E3, Beckstrand Dep. Tr. 127:8-127:22.
Beckstrand identified specific instances in Georgia and North Carolina and testified
that a Dominion machine was “hacked” in Michigan. Id. Beckstrand confirmed that
these security failures were “reported about in the news.” Id. And just weeks before
the 2020 presidential election, Dominion’s Director of Product Strategy and
Security, Eric Coomer, acknowledged in private that “our shit is just riddled with
bugs.” Ex.H2, Coomer Email (Oct. 30, 2020). Indeed, Coomer had been castigating
Dominion’s failures for years. In 2019, Coomer noted that “our products suck.”
Ex.H3, Coomer Message (Nov. 5, 2019). He lamented that “[a]lmost all” of
Dominion’s technological failings were “due to our complete f— up in installation.”
Id. And in another instance, he identified a “*critical* bug leading to INCORRECT
results.” Ex.H4, Coomer Email (Jan. 5, 2018). He went on to note: “It does not get
much worse than that.” Id. And while many companies might have resolved their
errors, Coomer lamented that “we don’t address our weaknesses effectively!”
Ex.H5, Coomer Email (Sept. 25, 2019).
So basically, there system is hackable, unreliable and has bugs! So, Eric Coomer and Mark Beckstrand, both of whom worked for Dominion, had some important things to say about the product.
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