Dominion Voting Systems has "dynamite" evidence in their $1.6 billion defamation lawsuit against Fox News, said Ken Turkel, the lawyer behind Hulk Hogan's suit against Gawker, on CNN Wednesday morning.
Fox News continues to maintain its coverage was not defamatory and Dominion's examples of communications between Fox executives and on-air personalities are being taken out of context — but at this point, the evidence appears to be quite strong, Turkel argued.
"When we say this, looking at what's been released, there is an awful lot of documentary evidence, text messages, emails, quite a bit to digest," said Turkel. "Breaking it down, the thoughts that I have are, first, you rarely see that much paper in one of these cases. Internal messaging rooms, things like that. But there is so much here, so much communication. And then you have this emerging testimony of Rupert Murdoch, which is dynamite. Tremendous evidence for a jury trial. It's storytelling."
"I think in their opposition to the summary judgment motion that Fox filed, Dominion started with an excerpt from that testimony, because at the end of the day we tell stories and the stories have to make sense and have to be compelling and persuasive," said Turkel. "It's a great story lead-in. But there is really no legal impact to if from a malice perspective because the law is always going to focus on the mindset, or what I like to call the undisclosed mental process of the speaker."
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This is usually why these sorts of cases are hard to litigate, Turkel continued — because "you are trying to move what someone was thinking, what they knew, when there is rarely any direct evidence of that."
"What is interesting about this case right now, keeping in mind that Judge Davis already denied a motion to dismiss," Turkel added. "I think the legal issues will remain the same. We are dealing with summary judgment. Is there dispute in material fact. And rarely do you see this much clear indication that a broadcaster, a writer, was disclosing their state of mind. Directly disclosing it. I don't believe this. Then you have a report that's to the contrary. Fascinating."
Watch the video below or at this link.