Unless there is a surprise settlement in the works, lawyers for Fox News will have their work cut out for them when they enter a courtroom on Monday to do battle with attorneys representing Dominion Voting Systems who are seeking $1.6 billion in damages as part of what could become a landmark defamation trial, according to new analysis by CNN media reporter Oliver Darcy.
Buffeted by revelations that Fox News execs and on-air personalities acknowledged that they knew were spreading false claims about the 2020 presidential election results, Fox lawyers will be hard-pressed to win their case before a judge who is already not happy with them.
According to Darcy, Fox's lawyers will be entering a "no spin zone" when they begin their defense with a mountain of evidence and depositions that already has them painted into a corner.
"The network has always seemed to find a way to sail through the controversy, even the most hellish storms it has faced. Sometimes it has emerged even stronger and more emboldened than before," he wrote before adding, "But this time is different. This time, the normal tricks the network turns to during times of crisis will not free it from trouble. This time, in a court of law, the network will need to put forward an honest, fact-driven argument."
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Pointing out that Fox lawyers will have to be very circumspect in their assertions, Dacy added that the spectacle of watching them attempt to stave off a crippling financial ruling will be fascinating.
"If the pre-trial hearings are any indicator, it won’t be pretty. The case hasn’t even started and the presiding judge has already lost his patience with Fox’s legal team and put them on notice," he wrote before claiming, "Perhaps the winds will shift for Fox News when the judge gavels in the trial on Monday. But if they play out like the last few weeks of court have, Fox News is in for a brutal ride."
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