Fox Corporation's decision to settle a lawsuit from Dominion Voting Systems for a massive $787.5 million has left former federal prosecutor Glenn Kirschner feeling "deflated."
Fox and Dominion agreed to settle the $1.6 billion suit only hours before opening statements in the defamation trial were set to begin on Tuesday. Dominion sued over Fox News' coverage of the company during the frenzy that followed the 2020 presidential election.
Kirschner, an NBC News and MSNBC legal analyst, said during the latest episode of his Justice Matters podcast that Fox News amplifying falsehoods about the election had "injured" the entire U.S. population, regardless of the settlement.
"If you're like me, this settlement may have left you feeling a little deflated," Kirschner said. "We were prepared to see a trial in which all of Fox's intentional democracy-busting lies would be exposed. And now we won't see them."
Kirschner said that Fox had "injured America and her people, and America has yet to be made whole." He acknowledged that the settlement, one of the largest for a defamation suit in U.S. history, may have seemed like justice "to the Dominion employees and executives and officers and owners."
"Maybe to them it feels like justice," he continued. "But what about others who experienced the damage that was done by the intentional lies ... What about everyone else who was damaged?"
Kirschner went on to say that there was not "anything that approximates justice" in the settlement, arguing that former President Donald Trump's false claims that the 2020 election was "stolen" from him led to the January 6 attack on the U.S. Capitol and did long-term damage to the country.
He said that those arrested over the Capitol attack were suffering a "daily injustice," having been "ordered" by Trump "based on the lies he told them about their votes being stolen and their election being rigged."
"Those people ... the foot soldiers ... are being tried, convicted and imprisoned by the hundreds," Kirschner added. "And the person who ordered the attack is still out there, telling lies about the 2020 election, threatening the people who are trying to hold him accountable."
Kirschner concluded that while it was "certainly nice to see Fox News held accountable for their democracy-busting lies," he did not think the settlement represented "much of a step in the direction of justice for everything that people have experienced since 2020."
In a statement emailed to Newsweek, Fox News said that it was "pleased to have reached a settlement of our dispute with Dominion Voting Systems," while the network was "hopeful" that the settlement "allows the country to move forward from these issues."
Fox also acknowledged "the Court's rulings finding certain claims about Dominion to be false." The complete non-monetary terms of the settlement have not been disclosed.
Newsweek has reached out via email to Dominion Voting Systems for comment.
In a statement earlier on Tuesday, Dominion CEO John Poulos said "our employees and our partners are grateful to the court for allowing the process for the truth to come out," although "nothing can ever make up for" the "enormous damage" caused.
Dominion has filed additional defamation lawsuits related to the 2020 election against Newsmax, One America News Network, MyPillow founder Mike Lindell and former Trump lawyers Rudy Giuliani and Sidney Powell.
Meanwhile, Fox is still facing a $2.7 billion defamation suit from fellow voting machine company Smartmatic.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Aila Slisco is a Newsweek night reporter based in New York. Her focus is on reporting national politics, where she ... Read more
