Episode

Newsom Gets Major Win in Defamation Lawsuit against Fox News

Podcast
The Intersection with Michael Popok
Published
May 1, 2026
Duration seconds
1350
Processing state
processed
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Summary

A Delaware judge has denied Fox News' motion to dismiss a $787 million defamation lawsuit filed by California Governor Gavin Newsom. The ruling allows the case to proceed to the discovery phase, potentially exposing internal communications and depositions from key figures.

Topics

  • Defamation Law
  • Gavin Newsom
  • Fox News
  • Donald Trump
  • Delaware Superior Court
  • Discovery Phase
  • Actual Malice
  • Litigation

Highlights

  • Main idea: The court found that Newsom's complaint sufficiently alleges 'actual malice' regarding Fox News' reporting on a phone call with Donald Trump
  • Practical takeaway: The denial of the motion to dismiss moves the litigation into the discovery phase, making Fox personnel and documents subject to depositions and subpoenas
  • Legal precedent: The $787 million figure mirrors the settlement amount achieved by Dominion Voting Systems in their similar defamation suit against Fox
  • Failure mode: Fox News' attempt to dismiss the case based on jurisdiction and lack of merit was rejected by the Delaware Superior Court
  • Legal implication: The ruling establishes that the litigation will proceed under Delaware procedural law and California substantive law

Chapters

  1. 1:00 The Ruling on Actual Malice: Analysis of the judge's decision that Newsom properly stated a claim for defamation involving actual malice.
  2. 2:00 The Path to Discovery: Discussion on how the case moves toward depositions of key figures like Jesse Watters and John Roberts.
  3. 4:00 Jurisdiction and Legal Representation: Examination of the hybrid legal elements of the case and the overlapping legal counsel for Fox and Trump.
  4. 6:00 The Disputed Timeline: A breakdown of the conflicting reports regarding the date of the phone call between Newsom and Trump.
  5. 14:00 Evidence of Deliberate Distortion: Review of the judge's findings regarding the allegation that Fox presented a false narrative to fit a preconceived story.
  6. 17:00 The Proctology Phase: Looking ahead to the intensive document search and the difficulty of an interlocutory appeal.