DENT READING THROUGH ALL THIS.
BUT ALREADY, THERE’S A WHOLE
LOT TO DISCUSS.
JOINING ME NOW IS BEN SMITH,
AGAIN, EDITOR-IN-CHIEF OF --
AND TYLEE --
WEINSTEIN FORMER PROSECUTOR.
THANK YOU BOTH FOR HELPING ME
GET THROUGH SOME OF THIS
MOUNTAIN OF PRETTY DAMNING
EVIDENCE.
I GUESS, FIRST TO YOU, THE
PEOPLE THAT ARE BEING QUOTED IN
THIS OR NOT RANDOM MINIONS AT
FOX NEWS.
WE’RE TALKING ABOUT RUPERT
MURDOCH, LACHLAN MURDAUGH, WHO
I BELIEVE IS THE CHAIR OF FOX,
SUZANNE SCOTT THE --
J WALLACE THE PRESIDENT OF FOX
NEWS.
THE FOX CORP SENIOR VP, ARENA
BERGERON TEED, THE SENIOR
EXECUTIVE VP OF CORPORATE
COMMUNICATIONS, AND ALL OF THE
TOP FOX PRIMETIME TALENT.
HOW MEANINGFUL IS THAT IN THE
CONTEXT OF A DEFAMATION LAWSUIT?
>> WELL, IT’S INCREDIBLY
MEANINGFUL.
AND PARTICULARLY, IN THE
CONTEXT OF THIS DEFAMATION
LAWSUIT.
GIVEN THE CRUSH OF EVIDENCE
HERE, I THINK WE HAVE TO ASK,
WILL, WHAT ARE THEY ACTUALLY
GOING TO ARGUE ABOUT?
IN FRONT OF A JURY?
IF THIS CASE MAKES ITS WAY TO A
JURY, WHICH IT SEEMS LIKE IT’S
HEADED TO DO.
I THINK THIS IS GOING TO BE ONE
OF THE REAL ISSUES.
IF PRESSED, AND IF THEY’RE
BACKED INTO A CORNER, I THINK
WHAT THEY MIGHT SAY IS, OKAY,
OUR GUESTS LEAD ON AIR, OKAY,
MAYBE SOME OF OUR HOSTS LEAD ON
HER, BUT THAT DOESN’T MEAN THAT
THE ENTIRE ORGANIZATION IS
RESPONSIBLE.
THIS IS REALLY GREAT EVIDENCE
TO SAY, WELL, EVERYBODY KNEW,
ON THE WAY UP THE CHAIN, THAT
THERE WERE KNOWINGLY MAKING
FALSE STATEMENTS IN THEIR
BROADCASTS, AND THE
OPPORTUNITIES TO STOP IT.
ONE OF THE MOST INTERESTING
EMAILS IN THEIR, ONE OF THE
MOST INTERESTING DEPOSITIONS IN
THERE, IS WITH --
THE CHIEF LEGAL OFFICER OF FOX,
WHERE HE’S ASKED, DOESN’T
EVERYBODY IN THE CHAIN OF
COMMAND HAVE SOME
RESPONSIBILITY TO CORRECT
FALSEHOODS AND STOP THEM?
HE SAYS, YES.
>> THEY ADMIT IN THE DEPOSITION,
AND YOU MENTIONED THIS BEFORE,
THAT’S THE STUFF WE KNOW.
THERE ARE WHOLE SECTIONS OF
THIS THAT ARE JUST REDACTED IN
THEIR ENTIRETY.
ONE WONDERS, WHAT’S IN THAT
STUFF?
>> EXACTLY, THAT’S BEEN
REJECTED BY FOX.
SO, THIS IS THE STUFF THEY
ALLOWED US TO SEE.
WITH LESS BAD FOR THEM.
YOU KNOW, IT’S KIND OF AMAZING
THIS STACK, IT’S ALMOST LIKE
DONALD TRUMP HAS LAWYERS ALL
AROUND THE COUNTRY PULLING
THEIR HAIR OUT BECAUSE HE NEVER
WRITES ANYTHING DOWN.
HERE, EVERY THOUGHT IS WRITTEN
DOWN.
ONCE YOU THINK REALLY MATTERS
IN A DEPOSITION LAWSUIT, WHAT
DOMINION HAS TO PROVE, THEY
ACTED WITH ACTUAL MALICE.
THEY KNEW THAT WHAT THEY WERE
DOING WAS FALSE, OR HAD
RECKLESS DISREGARD FOR THE
TRUTH.
AND THIS IS JUST OVER AND OVER
AGAIN SAYING, EXACTLY WHAT
DOMINION NEEDS THEM TO BE
SAYING IN ORDER TO PREVAIL IN
THIS LAWSUIT.
>> IT’S A LOT OF CORRESPONDENTS.
PURELY FROM A MEDIA STANDPOINT,
THE SOURCING FOR THEIR BIG
FRAUD LIES, YOU CAN’T EVEN SAY
IT’S PAPER THIN, IT’S
COMPLETELY FABRICATED.
THE SOURCE THAT WE TALK ABOUT
WHO HAS AN OUT OF BODY
EXPERIENCE BELIEVES THAT THEY
WERE INTERNALLY DECAPITATED, BY
THE WAY I DON’T OWN INTERNAL
DECAPITATION, IS I THOUGHT IT
WAS AN EXTERNAL --
IT’S CHILLING.
>> THAT’S THE STUFF THEY’RE
PUTTING ON.
OR >> NONE OF YOUR SOURCES OR
GHOSTS.
>> I HAVE NO GHOST SOURCES.
MAYBE I’VE BEEN NOT CASTING
AWARE ENOUGH MID.
>> YOU’RE MISSING OUT.
IT’S EXACTLY IF YOU JUST WATCH
FOX AND FOX BUSINESS DURING
THAT PERIOD, THIS IS BASICALLY
EXACTLY WHAT YOU’D EXPECT.
20% DUMBER.
WHICH IS PROBABLY THAT I’M NOT
ON THE USUAL IN THE WORLD WHEN
YOU IMAGINE THERE’S SOME
BRILLIANT CONSPIRACY, IN FACT,
THEY’RE ALL BUMBLING AROUND.
THIS IS WORTH SAYING, THIS IS
THE MINIONS IN VERY, VERY
AGGRESSIVELY ARGUED MOTION, IN
WHICH THEY’RE VERY EARLY THAT
THEY’RE PUTTING ALL THE STUFF
OUT THERE, DOING IT THE MOST
EMBARRASSING POSSIBLE WAY,
WITHOUT CONTEXT, TO MAKE FOX
LOOK AS BAD AS POSSIBLE.
IT’S WORTH UNDERSTAND THAT WHEN
WE READ THESE DOCUMENTS.
>> NOT THAT HARD TO DO THAT.
BUT I DO THINK THAT’S IMPORTANT,
AND THAT’S OBVIOUSLY, BECAUSE
THEY’RE TRYING TO EITHER GET
THE JURY THE IMPRESSION THAT TO
SET THE CASE IN PUBLIC.
OR TO SHOW FOX HOW MUCH WORSE
THE THIN GET TO THE WILL
SETTLE.
THERE’S A LEVEL OF LEGAL --
IT’S WORTH KNOWING.
YOU’LL SEE FOX ARGUE THAT, WELL,
MAYBE SOME OF OUR PEOPLE OR
TOTAL LUNATICS WHO BELIEVE
THIS.
IN WHICH CASE, IT’S NOT
MALICIOUS THEY JUST CRAZY.
THE REST OF US ARE RUNNING
AROUND TRYING TO CLEAN IT UP.
THERE’S SOME OF THAT IN THERE
TO.
>> THERE’S A LITTLE BIT OF
THAT.
IN TERMS OF THE LEGAL STRATEGY,
WHERE DOES FOX GO?
WHEN THEY GO FROM HERE?
>> RIGHT, I DON’T THINK WE HAVE
GREAT OPTIONS.
THE FIRST THING THEY MIGHT DO,
JUST SAY, SOME OF THE STUFF WE
SAID ON TV WAS TRUE.
THAT IS THE BEST DEFENSE.
AGAINST A DEFAMATION CLAIM.
THE TRUTH.
I DON’T THINK IT’S GONNA GET
THEM VERY FAR.
I THINK WHAT THEY MIGHT TRY TO
DO, GET AS MANY LEGAL ISSUES AS
THEY CAN IN FRONT OF THE JURY.
THE FACTS ARE NOT GOOD FOR THEM,
OF COURSE, THAT’S NOT THE
JURY’S JOB.
THEY MIGHT TRY TO GET THE JURY
EXCITED ABOUT THE FIRST
AMENDMENT, AND WHAT THIS MIGHT
MEAN IF THEY ARE HELD LIABLE.
I THINK THE’S EXCELLENT LEGAL
TEAM IS GOING TO TRY NOT TO LET
THOSE ISSUES GET IN FRONT OF
THE JURY.
THAT’S ONE OF THEM.
ANOTHER LEGAL ISSUE THAT THEY
MIGHT TRY TO BRING, UP TO SAY,
WE JUST CREATED A PUBLIC
SQUARE.
WE HAVE TO LET EVERYBODY AIR
OUT THEIR VIEWS.
>> INCLUDING PEOPLE WHO GET
THEIR INFORMATION FROM GOES TO
AND QUARTERLY COULD
DECAPITATED.
>> OF COURSE, THAT’S NOT THE
LAW.
PUBLISHERS CAN BE HELD LIABLE.
IF THEY KNOWINGLY BROADCAST OR
PRINT FALSE THINKS.
THEY MIGHT TRY TO WORK ON
DAMAGES IF THEY’RE REALLY STUCK
AND SAY, WELL, EVEN IF WE DID
THIS, 1.6 BILLION DOLLARS IS A
STUNT, HOW DO YOU ARRIVE AT
THAT NUMBER?
THAT’S JUST TO GET ATTENTION.
YOU CAN’T POSSIBLY HAVE BEEN
DAMAGED TO THAT EXTENT.
I WOULDN’T WANT TO BE ON THEIR
LEGAL TEAM RIGHT NOW, NONE OF
THESE ARE REALLY EXCELLENT
STRATEGIES.
>> YEAH, 1.6 BILLION, AM I
RIGHT EVERYONE?
THAT’S A LOT OF MONEY.
DO YOU THINK THAT NEGOTIATING
OVER SETTLEMENTS COULD BE PART
OF THIS IN THE END?
>> TO SETTLE WOULD, FOR THEM
FOR FOX, MAINE TO ADMIT THAT
THEY KNOWINGLY LIED ON AIR OVER
AND OVER AND OVER AGAIN.
IF WHICH IS NOT A GREAT
BUSINESS DECISION FOR THEM TO
MAKE.
I DON’T QUITE SEE IT GOING THAT
WAY, I THINK THEY’RE GONNA DO
THEIR BEST ON THE LEGAL MOTIONS
AND IN FRONT OF THE JURY.
>> DO YOU THINK IT MATTERS, I
UNDERSTAND THAT IT’S NOT A
GREAT BUSINESS OH, WE LIED
ABOUT THIS MAJOR THING, DOES
THAT MATTER TO THE FOX NEWS
AUDIENCE?
THEY’RE NOT COVERING THIS ON
FOX.
>> NO, THE BASIC FOX BET, AND
YOU SEE IT IN THE DOCUMENTS,
THEY HAVE TO SHOW RESPECT FOR
THEIR AUDIENCE IN THE WAY YOU
RESPECT HER AUDIENCE YOU TELL
THEM WHATEVER THEY WANT TO HEAR
WHETHER IT’S TRUE OR FALSE.
THAT’S HOW MOST OF US IN THIS
BUSINESS DO OUR JOBS.
IT’S A PRESSURE YOU ALWAYS FEEL
IN MEDIA, I THINK GOOD
JOURNALISTS RESIST, THEY’RE
TOTALLY, TOTALLY COMMITTED TO.
THAT THEY EXIST IN THIS CLOSED
LOOP WITH SOME OF THEIR
AUDIENCE.
I THINK WHAT THE NEW YORK TIMES
REPORTED THAT FOX SAID IN A
BLACK LETTER LEGAL BRIEF,
THAT’LL NEVER MAKE IT TO THEIR
AUDIENCE.
>> WE’RE GONNA TALK ABOUT,
THERE’S MORE TO COME.
THIS IS AGAIN NOT ALL OF.
IT >> WE SWITCH FROM TUCKER TO
THE SHOW, ARE GONNA GET AN
EDUCATION.
>> ALL TWO OF YOU.
BEN SMITH, --
IT’S GREAT TO SEE YOU BOTH.