The 2024 presidential contest is well underway, but teams of lawyers are still poring over the 2020 election, and for a very good reason: They are trying to hold Donald Trump’s allies accountable for the damage done by their election lies. Civil lawsuits by companies like Dominion Voting Systems are progressing at the same time that Trump is facing criminal trials in multiple jurisdictions. “We have so much work ahead of us,” Stephen Shackelford says on this week’s episode of Inside the Hive.
Shackelford was one of the lead attorneys in Dominion’s lawsuit against Fox News, which resulted in the media giant paying $787.5 million in April to settle that case. According to Davida Brook, another one of the lead attorneys, Dominion has “lawsuits pending against Newsmax, One America News, Mike Lindell and MyPillow, Sidney Powell and her law firm, Rudy Giuliani, and Patrick Byrne.” Those cases, she says, are “all proceeding towards trial.”
Host Brian Stelter interviewed Shackelford and Brook multiple times for his new book, Network of Lies, which hits shelves November 14. (Vanity Fair recently published an excerpt from the book about Tucker Carlson’s abrupt exit.) On Inside the Hive, Stelter shares some of his reporting from the book and asks the attorneys about the pending cases. Shackelford says Dominion was “put through hell” by Trump’s election lies in 2020—“hell that continues to this day.”
Brook says the ongoing litigation is about “setting the record straight”—which is what Dominion’s PR representatives called their fact-checking emails that Fox received in November 2020. “The truth was in Fox’s inbox,” Shackelford says. And yet Fox stars like Maria Bartiromo and Lou Dobbs hyped conspiracy theories about Dominion instead.
The lawyers are now preparing for depositions. The suits are moving more slowly than the Fox case “because most of them are in DC, and the DC courts are very busy, still to this day, with a lot of the January 6 cases,” Shackelford says. The courts in Delaware, where Dominion sued Fox, “have traditionally moved at a quicker pace.” Dominion’s case against Newsmax is poised for a September 2024 trial in Delaware—if there is no settlement first. “We’ve got a long road ahead to finish up this work for Dominion,” Shackelford says.
Another election technology company, Smartmatic, is also suing Fox, Newsmax, and other defendants. “Smartmatic is a global company that was injured on a global scale,” attorney J. Erik Connolly told Stelter for the book. “The damages are much bigger.” Fox, which denies any wrongdoing, has dismissed Smartmatic’s damages claims as “implausible, disconnected from reality, and on its face intended to chill First Amendment freedoms.”
This article has been updated.
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