# Newsom Gets Major Win in Defamation Lawsuit against Fox News

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Podcast: [The Intersection with Michael Popok](https://stenobird.com/podcast/the-intersection-with-michael-popok-7363510)
Published: 2026-05-01T17:20:00+00:00
Episode link: https://pscrb.fm/rss/p/pdst.fm/e/arttrk.com/p/MMN23/claritaspod.com/measure/mgln.ai/e/1058/traffic.megaphone.fm/MTH6451408107.mp3
Audio file: https://pscrb.fm/rss/p/pdst.fm/e/arttrk.com/p/MMN23/claritaspod.com/measure/mgln.ai/e/1058/traffic.megaphone.fm/MTH6451408107.mp3
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Duration seconds: 1350

## Resource

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.

## 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

## Topics

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

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

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