BREAKING: Judge Delivers Big Ruling on Voting Machine Lawsuit Against Fox News

OPINION:  This article contains commentary which may reflect the author’s opinion

Earlier this month we found out that voting machines can do tricky things.

The results of a Democratic primary in a Georgia county were challenged after a hand count found the machines to be off by thousands.

Marshall Orson, a Democratic candidate for DeKalb County Commission, requested that the local elections board not certify the results as scheduled because there were “numerous issues” in the race (Kind of sounds like what Trump asked for after the 2020 election).

The Atlanta Journal-Constitution reported that Orson asked for a formal recount of the election and an “independent review.”.

“There is no rational basis for believing that there are not continuing issues with the results and the results should not be certified with the continuing existence of multiple substantive issues and concerns,” Orson asserted. “Doing so would pose a substantial risk not only to the confidence the public will have in the overall election results from this race but could extend to the entire primary as well as the general election.”

According to the initial Democratic primary results, Orson had won the district 2 commission seat with Lauren Alexander taking second and Michelle Long Spears taking third. That would have put Orson in a runoff with Alexander.

In the aftermath of the election, Spears realized she didn’t receive any votes at most precincts.

Late in April, the secretary of state’s office acknowledged making several programming errors during the ballot counting process.

There were attempts to re-scan ballots in the district, but ultimately there was a hand count, culminating around midnight on Memorial Day.

Results from the hand count were revealed, with former last-place candidate Spears now in the lead and headed to a runoff against Alexander on June 21. Orson, who was once in first place, fell out of the running to third place.

Approximately 2,600 votes were added to Spears’ vote total, while Alexander gained a few hundred points, according to the Journal-Constitution. Meanwhile, Orson lost approximately 1,600 votes from the initial count.

Shocking. Voting machines screwed up and the results of a race had to be corrected by humans.

Fox News reported on the same kind of thing, rumors of voting machine issues, in the aftermath of the 2020 election.

And the maker of the voting machines sued over it.

A judge just ruled that the lawsuit against Fox can proceed.

Bloomberg reports:

Fox News’s parent company can be sued by a voting-machine maker because Rupert and Lachlan Murdoch may have acted with “actual malice” in directing the network to broadcast conspiracy theories alleging the 2020 presidential election was rigged against Donald Trump.

Delaware Superior Court Judge Eric M. Davis on Tuesday denied Fox Corp.’s motion to dismiss the suit, saying Dominion Voting Systems had shown that the Murdochs may have been on notice that the conspiracy theory that rigged voting machines tilted the vote was false but let Fox News broadcast it anyway. Dominion cited in its suit a report that Rupert Murdoch spoke with Trump a few days after the election “and informed him that he had lost,” the judge noted.

“These allegations support a reasonable inference that Rupert and Lachlan Murdoch either knew Dominion had not manipulated the election or at least recklessly disregarded the truth when they allegedly caused Fox News to propagate its claims about Dominion,” said Davis, who previously allowed Dominion’s claim against the conservative news network to proceed.

Previously, Fox had argued that the First Amendment protected their reporting on the issue.

According to Bloomberg, “That protection makes it difficult to sue the press for defamation. Under the standard set by the Supreme Court, public figures, including companies, must show media outlets acted with “actual malice,” meaning they knew the information they were publishing was false or that they acted with reckless disregard for the truth.”

Davis noted in his ruling that, according to Dominion’s suit, various news outlets reported that Rupert Murdoch spoke with Trump and other senior Republicans shortly after the election and urged them to drop their election-fraud narrative and concede defeat. The voting-technology firm was also able to point to a claim that Murdoch urged a Republican leader to ask other politicians in the party not to endorse Trump’s false theory about Dominion, the judge said.

The ruling is the latest by a judge allowing defamation suits to proceed against conservative news outlets and Trump allies who allegedly repeated the false theory extensively on-air — a theory that ultimately helped trigger the January 6, 2021, Capitol riot.

In May, election auditors in New Mexico discovered a few issues during their work. Voting machines can actually fill out ballots.

It was also revealed that a New York state investigation previously had identified malicious code that could do this.

Apparently, the makers of voting machines don’t like it when the truth is reported.

As part of Davis’ ruling on Tuesday, he stated the following: “Other newspapers under Rupert Murdoch’s control — including the Wall Street Journal and New York Post — condemned President Trump’s claims and urged him to concede defeat.”

Bloomberg continued: “As for the Murdochs, Davis ruled claims of actual malice had been met with respect to four specific allegations, including that the Murdochs “caused Fox News to broadcast false claims about Dominion even though they did not personally believe former President Trump’s election fraud narrative.””

All those allegations support Dominion’s claim, for now, that Fox Corp. was on notice that claims being made on-air by some of its personalities and guests, including then-Trump lawyer Rudolph Giuliani and former Trump campaign attorney Sidney Powell, were bogus.

Even so, the judge dismissed Dominion’s claim against the company’s Fox Broadcasting subsidiary, ruling Dominion hadn’t supported its claim of “actual malice” by the subsidiary. Parts of the lawsuit blaming Fox Broadcasting for reposting false statements online offer “no factual support,” the judge said.


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