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In his summary judgment order, the judge made the following puzzling statement:
"In the past, vulnerabilities of electronic voting machines have been noted by various people, including computer science experts, as well as hackers. Notably, Congress held a hearing in January, 2020, in which lawmakers posed questions and expressed concerns to the nation's three major voting machine manufacturers, including Dominion. The media have also expressed these concerns. Though not known to Fox at the time of the broadcasts, discovery has shown that Dominion machines in the past had technical issues unlike and unrelated to those alleged in the civil action."
He seems to be saying that what Fox reported might be true, but because the truth was "not known to Fox at the time of the broadcasts" they're still liable for defamation. He doesn't tell us how he knows that the "technical issues" of the past could not have had an effect on the 2020 outcome. My legal consultant tells me that truth is an absolute defense, and the burden of proof that the statement was FALSE falls upon the plaintiff. It's my conclusion (not my consultant's) that the judge stepped out of line in making this finding of fact with no support in the summary judgment order, only reference to Fox's internal memos showing that they were dubious of Giuliani's claims.
Been screaming this for years: scrap all electronic voting machines and poll books and use all hand marked and hand counted paper ballots, cannot be hacked and never crashes.
Gross corruption is stopping this simple solution.
Thanks for the clear, and troublesome explanation. As you recall, we met in 2004 and I quoted you in my article, whose title is sadly still apt - Silence of the Scams
We need a stellar candidate who is ahead by a landslide in order to break even. Maybe RFK could achieve that if people can hear his authentic message.
The Silence of the Scams: Psychological Resistance to Facing Election Fraud
Revisiting Dynamics of 2004
Dominion Voting Systems pressed on role in Tucker Carlson firing | 14 May 2023 | Texas Governor Greg Abbott called on Dominion Voting [sic] Systems to explain its alleged role in Fox News’ dismissal of Tucker Carlson, in a tweet on Saturday. The former TV host accused the network several days ago of firing him as part of its settlement with the voting machine manufacturer. Carlson and three other Fox hosts were named in a writ charging the network with broadcasting false claims that the voting technology was instrumental in the 2020 US presidential election being stolen from Donal Trump. "If Dominion wants to do business with Texas in the future, they should first answer questions about what role, if any, they played in silencing a prominent conservative journalist," Abbott tweeted, citing recent reports alleging "Dominion Voting Systems demanded that Tucker Carlson be fired as part of a litigation settlement" with Fox News.
One could hardly call this an election integrity, movement, with such a strong Trump derangement syndrome, pervading it.
". . . the short term risk of Trump benefitting . . ." as opposed to the forever consequences of the worst most corrupt most compromised administration in history. Wow.
Great analysis with important context. I agree. This lawsuit and its bizarre outcome is a clear sign of powerful forces operating behind the scenes.
But the highest court in the land is the court of public opinion. Articles like this are vitally important.