About Ron DeSantis’ political ambitions

CONTEXT

Recently, I’ve posted several items about what the radical right dictator wannabe Ron DeSantis is doing in Florida. It is the centerpiece of his campaign for president in 2024. From what I can tell, he is emulating the tactics that Viktor Orban used to kill democracy in Hungary. This post is a copy of the superb analysis that PD laid out on Snowflake’s Forum about the cruel, authoritarian things that DeSantis wants to do to American democracy. For context, this 5:28 interview is about how Orban killed democracy in Hungary. He did that within just two years after his election in 2010. That track record of anti-democracy accomplishment is why radical right Republican authoritarian elites love Orban and want to replicate here what he did there.

DeSantis analyzed

  PD wrote: 

DeSantis is the only candidate (once he actually announces) with a chance of defeating Trump, who is still the #1 Republican candidate in the polls I’ve seen. But DeSantis knows that he’ll never beat Trump on Trump’s own terms-- basically cult of personality with that famous charisma I just don’t feel, but which seems to catalyze voters even after all his blunders. So what can DeSantis do? Trump savages him verbally, and-- true to Trump’s nickname for him, DeSanctimonious-- he can do no more than say, “I don’t insult other Republicans, I criticize Biden and not others in my party.” Actually he does both, but dreads a battle of personalities, since his own is dull as dishwater. 

Here’s what I think is going on in Fla. with the constant ratcheting up of authoritarianism: he’s putting together a resume for the radical Trump-loving base which will not require him (he hopes) to square off with Trump and thus lose. Instead, his sales pitch is going to be, I think, “Look at what I did to Florida in a few short years. Give me your vote, and the US will look just like Fla.” Okay, so what does that look like according to DeSantis? As he puts it in this 50 second clip, after bragging about his authoritarian policies, “The political character of Florida has changed. We’ve been really able to rewrite the map here, and the Democratic Party in this state is basically a dead, rotten carcass on the side of the road.”

He is betting that if he can do what Trumpists want Trump to do more quickly and effectively (or at least make the claim on the basis of Florida as “exhibit A”) then most of Trump’s followers will vote for this audacious “Trump sans baggage.” While Trump continues to relitigate the 2020 election at his rallies, DeSantis is working hard to model Florida’s colleges on Hillsdale College ( where Scalia and Clarence Thomas have given commencement speeches, and where "anti-woke" curriculum and Christian nationalism-laced American History courses are designed and exported to Red States). DeSantis placed Christopher Ruffo on the board of New College in order to make of this famous liberal arts college that once had Arnold Toynbee in its history dept., a Christian Nationalist (CN), anti-woke, book banning dystopia to show just how much he can fuck with US institutions and get away with it. 

Ruffo is the GOP’s premier culture warrior, the guy who almost single-handedly made the letters CRT a household word in this country and manufactured a virtual panic over them. He and other CNs from Hillsdale and Claremont (the most regressive institutions going) are taking over the administration of this college which will also (DeSantis hopes) serve as “exhibit A” on the education/ religious indoctrination front. See, it’s not just K-12 anymore. As the bumper stickers say nowadays, “Florida is where woke goes to die.” That has to include not just K-12, but state colleges, corporations (like Disney) and anything else in the way of the DeSantis juggernaut. Here’s Ruffo bragging about how swift and thorough the wreckage will be. Notice the line that says, “We’ll recruit new students who are mission-aligned.”

But I'm more optimistic than this. The takeover of New College has already changed the dynamics in higher education. We have a strong new president who has a mandate to change the administrative and academic trajectory of the institution. You'll see changes in the next 120 days.

— Christopher F. Rufo ⚔️ (@realchrisrufo) February 28, 2023

So, there should be no surprise that if he can get away with it, DeSantis will censor blogs just like he has done with libraries, just as he is doing with Advance Placement courses in HS and now higher education too. Who knows what he really believes. As Katherine Stewart (author of The Power Worshippers) wrote in a recent New Republic piece, DeSantis knows that the road to the White House must include A) frequent public acts of cruelty (y’know like when Trump attacked an American Judge as "having a conflict of interest because he’s Mexican" or when he taunted a Goldstar Family whose Muslim son had died fighting in Afghanistan while Bone Spurs used insulting ethnic stereotypes to savage the parents). That’s why DeSantis pulled that stunt with the asylum seekers he sent to Martha’s Vineyard late last year. Performative cruelty. 

The second requirement to win is to get the support of a significant portion of the Republican super-donors, which DeSantis has done. BUT, often overlooked by MSM is the fact that, as DeSantis has learned from Trump, the road to the White House now requires that “you get an endorsement from God” according to the influential CN’s and white evangelicals. That’s why Hillsdale College (a CN bastion) serves as the template for the educational makeovers he’s trying to orchestrate. I recommend Katherine Stewart’s article in The New Republic.

All of these things are timed to coincide with his new book, The Courage to be Free: Florida’s Blueprint for America’s Revival, obviously his extended argument for running against Trump. This Newsweek article includes a 30 minute podcast interview with DeSantis in case anyone wants to hear what he sounds like as he makes the case for being a--perhaps less charismatic but more “effective”-- proponent of just about all of the things “the base” wants from Trump.  

I still say Trump is likely to be the candidate mainly because when I try to picture DeSantis forced to respond to Trump in real-time on TV I think he’ll come across as lame and stiff as Trump repeatedly insults and humiliates him as he did effectively with more likeable-- to Repubs that is-- candidates in 2016. But as Stewart and others point out, DeSantis is a man with a plan, and though he’s in the news, unlike Trump, he is not explicitly called out as a dangerous would-be dictator. And yet that is exactly what he wants to prove he is by making sure that by the time the debates start he can say with even greater credibility that in Florida, he has left the Democratic Party like “a dead, rotten carcass on the side of the road.” 

It’s scandalous that our cowardly media outlets give him a pass as if he were just another candidate-- albeit with anti-woke tendencies. Anti-woke is only the tip of the iceberg, the bait to attract a broad swath of Republicans and Right Leaning Independents. Come for the anti-woke--stay for the thought control regime.

Qs: Is this analysis wrong, hyperbole or otherwise not persuasive? If so, why, e.g., are evil democrats indoctrinating children with socialism, and evil awareness of inconvenient truth and gender fluidity? Does the alleged evil the Democrats do justify doing to American democracy what Orban did to democracy in Hungary? Is DeSantis just another candidate or does the MSM deserve a grade of F for failing to treat DeSantis as the dictator wannabe I firmly believe he is?

An 8-year-old learned his Waffle House waiter was living in a motel.

 

 He's raised over $66K for him

“He has a very huge heart, and I’m thankful he came into my life,” Devonte Gardner says about Kayzen Hunter.

Eight-year-old Kayzen Hunter has a regular ritual: breakfast at his local Waffle House in Little Rock, Arkansas with his family, sometimes with his grandpa, but often with his parents and siblings. With these trips comes his meal served by his favorite waiter, Devonte Gardner.

“It was about a year ago when they met. My dad started going and Kayzen would go with him. When he came home, he talked about Devonte and how much he liked him,” Kayzen’s mom Vittoria Hunter tells TODAY.com, adding that the family go for breakfast just about every weekend.

For Gardner, the feeling is mutual.

“Every time he comes in, I always give him a high five because that’s what he expects,” Gardner tells TODAY.com. Gardner has memorized Kayzen’s usual order — scrambled eggs with cheese, no toast, hash browns covered with cheese and an Arnold Palmer. 

“He’s a wonderful kid. He tells me jokes every time he comes in, like, ‘Hey, Devonte, I got a joke for you,’ and the next thing you know, we’re laughing,” he adds.

Hunter says the family got to know Gardner better over time, learning about his wife, Aissa, and daughters 3-year-old Jade and 2-year-old Amoura.

“As we started to go more and more and we met Devonte, we realized he’s just really a light in the world,” Hunter says.

“It got to the point where we always would sit in his section,” she adds. “Every time we go in, he’s so smiley, he’s always like, 'Hey, Kayzen, how are you?’”

One day, Kayzen learned that Gardner was in a dire living situation because his family’s former apartment was riddled with issues, and he didn't have a car to drive to work.

“We wanted to find something affordable, so we moved into a low-income area,” Gardner says. “We just got tired of infestations with rats and roaches and all this black mold. My daughters were getting sick. No heat and things like that. When it was cold outside, we had to bundle up with like four or five blankets in order to stay warm.”

“It was just horrible,” Gardner says, adding that he and his family have been living in a motel for the past eight months.

After learning this, Kayzen decided he wanted to help his friend.

“He came home and told me that, ‘Hey, Mom, Devonte walks or gets a ride to work and I’m gonna start a GoFundMe,’” Hunter says, adding that Kayzen had begged her for a while to do a GoFundMe before she agreed to take the plunge. “I was like, ‘Well, OK, that’s really sweet. It’s a great idea.”

The initial idea was to raise enough money to get the Waffle House worker a car. Gardner mentioned to the family he was looking for one, but the plans were put on hold due to his living situation. “It really set him back because the motel was so expensive,” Hunter explains.

With his mom’s help, Kayzen aimed to raise a modest amount of $500 for Gardner. They posted the GoFundMe titled “Help Devonte get a family car” on Feb. 18.

“Hi, my name is Kayzen, I am 8 years old,” reads the GoFundMe description. “Devonte is a hard-working dad with two little girls and a wife. He is a dedicated worker and has to walk or get a ride to get to work every day.”

Kayzen then explains that Gardner was looking for a decently priced car, and that the Hunter family wants to get Gardner's family into a clean rental property.

“Devonte is one of the most joyous and positive people you’ve ever met!! He always greets us with the biggest smile,” Kayzen wrote. “I hope your heart is as BIG as mine and you will help me spread kindness in the world. Any amount helps!!”

Though the Hunters say the GoFundMe started out slow, as more attention comes to it, the amount — and the goal — has skyrocketed to over $66,000 as of publication.

“It’s exciting,” Kayzen tells TODAY.com. His mom jumped in to add that all the attention has been slightly overwhelming for the little one.

“I mean, he’s still eight, you know?” Hunter says. “The other morning, he said, 'I was just trying to maybe make $5,000 and get him a car.' Now, it’s turned into a crowd. We had no clue that this was going to happen.”

“That’s the crazy part to us,” Korey Hunter, Kayzen’s dad, tells TODAY.com. “I get it, but the goal was $5,000 and people do not care what the goal was; they keep giving and giving.”

Gardner, who spoke to TODAY.com while on break during his morning shift at Waffle House, says that he just signed a lease on a two-bedroom apartment thanks to the efforts of his little friend. 

“I will be moving into my apartment very soon. We’re able to have something more stable,” Gardner says, adding that he’s looking to get a family sedan or minivan but will save the rest of the money for his kids.

“I’m gonna save the rest because I want to put my daughters in a good school, I want them to be in a good environment,” Gardner explains. “Everything I’m getting is going mostly towards my daughters to make sure they have a great, great life. Make sure we won’t have to struggle anymore.”

Gardner and the Hunters also mention that they just saw each other recently, after the GoFundMe at the Waffle House, where Vittoria Hunter snapped a picture of Gardner still at work.

“He’s a positive young kid. He has a very huge heart, and I’m thankful he came into my life,” Gardner says.

“I think so many people spend a lot of energy complaining about what they don’t like,” Vittoria Hunter says. “But if you just be positive, then you know eventually love and positivity is gonna prevail. It always does.”

"'Be the change you wish to see in the world,' right? We know who we are as people and we know the potential of what our children can be,” Korey Hunter adds. “Kayzen’s middle name is actually Love.”

When asked if they think Kayzen is living up to his name, both of his parents reply, emphatically, “Exactly.”

https://www.today.com/food/people/boy-raises-money-for-waffle-house-waiter-rcna73309

Snowy's observation: when it seems like the whole world is going to shit, stories like this one remind me there is still kindness in the world and gives me optimism. 

A question about how society should deal with anti-abortionists

An odd article in The Guardian raised the issue of the role of leaders who publicly advocate for bans on abortions. TG writes about the context:

Louisiana anti-abortion group calls on doctors to stop denying care exempted by ban

Group speaks out after hospitals refused to offer treatment for a woman who had a near deadly miscarriage citing ambiguous law

An influential group in Louisiana that has long opposed abortion access is calling out medical providers and their legal advisers who – for an apparent fear of liability – have cited the state’s ban on most abortions to deny treatments that remain legal.

Even though Louisiana has some of the tightest restrictions against abortion in the US, Joshua was legally entitled to the care she sought under an exception to the ban which involves miscarriages, Sarah Zagorski of Louisiana Right for Life said.

Zagorski, whose organization has been involved in anti-abortion legislation since 1970, said it is clear under Louisiana’s abortion ban that it is legal to provide and receive miscarriage treatments, even if they closely resemble some abortions.

“It was just a gross misunderstanding of the law from the practitioners handling the case, unfortunately,” Zagorski said.

The comments by Zagorski triggered some thinking and questions. Who is Zagorski to interpret Louisiana law? Multiple news stories have been written about ambiguity in anti-abortion laws and bad consequences for the women involved. Who bears responsibility for women whose lives are damaged or ruined by being forced to have a baby they do not want, cannot afford and/or otherwise face years of who knows what hardships? And how should Americans who support abortion rights react, if at all? Should people like Zagorski just be given a pass even though they identify themselves in public?

I searched and found things like this:

Since Zagorsky gives her email and speaks publicly, is it impolite or wrong to write and respectfully but clearly convey a few thoughts. Thoughts such as: 

• You are not a lawyer, so how do you know what the scope of Louisiana forced birth law is? Laws can be enforced aggressively, not at all or in between. Prosecutors usually have a lot of discretion.

• Forced birth advocates like have a shared responsibility for all the harm that anti-abortion laws cause.   

• Your shared responsibility includes the injuries, ruined lives, broken relationships and deaths to women that comes from ambiguity in forced birth laws, or in caution by people and businesses who shy away from laws they do not feel they know the exact limits of.

• Shared responsibility also includes the injuries, ruined lives, broken relationships and deaths to women that comes from their desperate attempts to obtain abortions that forced birth laws have made illegal, including women who were raped.

• Yes, forced birth advocates might deny any responsibility for what they have fomented, e.g., because God allegedly demands it. However, that does not change the fact that anti-abortion laws literally force some women to have a baby. That is unlike legal abortion under Roe, which never forced even one woman to bear a child against her will.

Link to poll

So what makes sense. Say nothing because criticisms of forced birth laws will be ignored or rejected? Or say something, e.g., because it sends a message that a majority of Americans disagree with extremist forced birth laws?

Long-term covidiocy and other new political diseases

A long, long WaPo opinion piece discusses how the radical right GOP House leadership is doing as the radicals begin their witch hunts with its attendant festival of partisan crackpottery. At this point, it is insane to think that most of the Republican Party in congress is sane. Most of those people are truly nuts. Columnist Dana Milbank writes:

The pandemic has faded, but one of the least understood effects of the virus still eludes treatment: There is no known cure for long covidiocy.

Rep. Debbie Lesko (R-Ariz.) kicked off with the unsupported allegation that “covid was intentionally released” from a Chinese lab because “it would be impossible for the virus to be accidentally leaked.”

Rep. Richard McCormick (R-Ga.) advanced the ball by informing the panel that coronavirus booster shots “do more harm than good.”

And then Rep. Marjorie Taylor Greene (R-Ga.) scored with this extraordinary medical discovery: “Researchers found that the vaccinated are at least twice as likely to be infected with covid as the unvaccinated and those with natural immunity.”

Vaccines make you more likely to get covid! Thank you, Dr. Jewish Space Lasers.

Another witness, Jay Bhattacharya of Stanford University (also a Fox News regular, on matters medical and nonmedical), had called coronavirus testing “actively harmful” and warned about “great harm” and “danger” from vaccination.

Makary, mocking “King Fauci,” claimed that “the greatest perpetrator of misinformation during the pandemic has been the United States government.” Bhattacharya repeatedly complained that they had been “censored,” “marginalized” and “slandered” by public health “dictators.”

And then there are leaders such as James Comer. The Kentucky Republican, chairman of the House Oversight Committee (which includes the covid select subcommittee), has shown himself to be a bear of very little brain.

Last week, he sent a letter to Transportation Secretary Pete Buttigieg about the Ohio train derailment in which he referred to “DOT’s National Transportation Safety Board (NTSB)” and demanded of Buttigieg “all documents and communications regarding NTSB’s progress on the cause of the derailment.”

Buttigieg responded by saying he was “alarmed to learn that the chair of the House Oversight Committee thinks that the NTSB is part of our department. NTSB is independent (and with good reason).”

Comer, on Fox News, claimed it was “a typo” — a 19-word typo, it would seem.  

Last month, Rep. Jim Jordan’s Judiciary Committee featured as a witness a man who is part of the far-right “constitutional sheriff” movement. Constitutional sheriffs — an outgrowth of the white-nationalist posse comitatus movement — claim they are above federal and state government and are the ultimate arbiters of the law. The nonprofit Arizona Center for Investigative Reporting found that the witness, Cochise County Sheriff Mark Dannels, spoke at a constitutional-sheriff’s event and supports allowing sheriffs to nullify laws.  

Then, it was the House Homeland Security Committee’s turn for some extremism. It hosted as a witness Pinal County, Ariz., Sheriff Mark Lamb — another constitutional sheriff. Though eschewing the term, Lamb is the “frontman” for one constitutional-sheriff group, has spoken to a second and also supports nullification, AZCIR reports. A booster of the “Stop the Steal” rally (he called the Jan. 6 rioters “very loving, Christian people”) and anti-vaxxer movements (he refused to enforce the stay-at-home orders of Arizona’s Republican governor), he responded to the Black Lives Matter movement by creating a “Citizens Posse” of residents to be deputized at Lamb’s pleasure.

Little more than a week before he came to Washington, Lamb spoke at a Second Amendment rally attended by Oathkeepers, Proud Boys and other extremists. He teased a Senate run and took photos with a few Proud Boys.

And there he was, just 10 days later, at the witness table in the Homeland Security Committee’s hearing room. Chairman Mark Green (R-Tenn.) hailed Lamb’s “essential role in defending our nation’s homeland.”

This is precisely how Republican lawmakers bring dangerous extremists into the mainstream.

Milbank’s opinion did point out that one Republican committee chairman, Mike Gallagher (R-WI), is acting professionally and seriously. Gallagher is in charge of the House select committee on the Chinese Communist Party. Milbank writes that this committee “is everything the covid committee isn’t: bipartisan, serious and productive.” That's good, because the issue of China urgently needs to be dealt with seriously and competently. Unfortunately, so do a slew of other important issues, e.g., climate change and defense of democracy, but that is just not going to happen.

On balance, it is reasonable to expect mostly partisan witch hunting, political disease like covidiocy and radical right anti-democracy crackpottery, with far too little seriousness or competence from the radical right in congress. 

Pew Research 2022 data

News loafs 'n culture wars: Rooskis pay Musk to be verified liars; Rewarding the morally worthy; Etc.

From the lying thugs are ruthlessly opportunistic and capitalists give them the opportunities files: This blast of miscreancy come by way of a tip from Larry Motuz. The WaPo writes: 

Russian propagandists are buying Twitter blue-check verifications

The verification means their tweets, mostly opposing U.S. aid to Ukraine, are given added prominence

Accounts pushing Kremlin propaganda are using Twitter’s new paid verification system to appear more prominently on the global platform, another sign that Elon Musk’s takeover is accelerating the spread of politically charged misinformation, a nonprofit research group has found. 

The accounts claim to be based outside of Russia, so they can pay for verification without running afoul of U.S. sanctions. But they pass along articles from state-run media, statements by Russian officials, and lies about Ukraine from Kremlin allies, according to the research group Reset, which shared its findings with The Washington Post.

One of the accounts describes itself in English as “No woke. No BLM. No gender pronouns … Just Anti-Imperialism.” Purporting to be based in San Francisco, its profile picture shows a blond woman wearing a fur hat with a hammer and sickle badge. Another account’s biographical blurb says it is “Doing my part to stop Western support for the Ukrainian war machine, one taxpayer at a time.” It regularly tweets videos it says show Russians killing Ukrainian soldiers.

Welp, Musk is delivering the Twitter hellscape/crapscape he promised he would not deliver. Of course as we all know, lies like that are -- ALL RISE! -- protected free speech -- BE SEATED. There is no reason to believe that a person as intelligent as Musk did not know this would happen. He’s acting just like a tax-hating elite American fascist that admires and supports murdering dictators. He’s just doing his best to kill democracy and civil liberties, just like any other self-respecting fascist. 

--------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------

Christian nationalist (CN) fangs are sinking into the tax code: I’ve warned many times in multiple blog posts about the intense hate that CN dogma holds for certain hated groups, prominently non-heterosexual people. God demands severe punishment for such evil sinning. In the great state of Texas, a law is being drafted that give tax breaks to heterosexual couples but not same-sex couples. The CN movement desperately wants this done on a national scale, but CN elites need to first control congress and the White House. The Rolling Stone writes:

A NEWLY INTRODUCED Texas House bill proposes property tax cuts for couples who get married, stay married, and have lots of children. There’s a catch though. In order to qualify for the tax benefit, couples need to be heterosexual, never divorced, and their children born or adopted after their date of marriage. LGBTQ couples, single parents, divorced parents, and blended families will not qualify for full benefits.

H.B. 2889 would provide qualifying couples with a 40 percent property tax reduction if they have four children, with the tax break increasing for every additional child. Couples with 10 or more children would pay no property tax at all. Just getting started? A couple that meets the requirements laid out by the bill gets a 10% reduction even before they have children.

“Supporting Texas means supporting Texas families,” said Rep. Bryan Slaton, who introduced the bill. “Texas will start saying to couples, ‘Get married, stay married, and be fruitful and multiply.” 

This law will support only those Texas families and children that the state’s Republican party says are morally acceptable in God’s eyes. Blatant, cruel discrimination like this and accompanying poor public policy is what the modern radical right CN Republican Party stands for. No one can deny or downplay it any more. Enraged, vengeful freaks are in control of the anti-democratic, authoritarian-theocratic GOP. For those who cannot believe such a horrible, cruel thing is possible, some of the proposed law is shown below and the entire act of radical right CN savagery can be read at this link.

--------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------

QAnon-level crackpottery & lies: Like it or not blatant lies, culture wars and rising radical right authoritarianism are the new normal. Respect for facts, true truths and sound reasoning have all completely fallen for the radical right Republican Party. The AP writes about one of the amazing lies gushing from the radical right propaganda Leviathan:

CLAIM: The U.S. Supreme Court will hear a case to remove President Joe Biden from office and reinstate former President Donald Trump in his place.

AP’S ASSESSMENT: False. The Supreme Court has not decided to hear such a case. On Feb. 21, the justices rejected for a second time to hear a case that cites baseless 2020 election fraud claims to call for the court to oust from office hundreds of elected officials, including Biden, as well as to prevent them from holding any elected government position again. Several days later, a website published an article incorrectly stating that the case was going ahead, but the post has since been taken down.

THE FACTS: Nearly one week after the Supreme Court justices doubled down on their decision not to hear the suit, social media users falsely claimed the opposite.

One Instagram post shared a screenshot of a headline reading: “Supreme Court To Hear Case To Reinstate Donald Trump Over ‘Rigged’ Election.” It had received nearly 1,400 likes as of Wednesday.

About the Dominion lawsuit against Faux News

The most recent burp from Faux lawsuitlandia is comments by the owner Rupert Murdoch. He knew Faux was broadcasting lies about the 2020 election. But given the near-impossibility of proving defamation in situations like this, it is not clear if Murdoch’s comments will make any difference. After Dominion released a redacted version of the 192 page lawsuit a few weeks ago, legal experts and commentators believed the case was a slam dunk win for Dominion. Now, some of the current commentary is more cautious. A WaPo analysis comments: 

As The Post and other news outlets have reported, Fox Corp. patriarch Rupert Murdoch admitted in a deposition that Fox News hosts “were endorsing” lies that the 2020 presidential election was stolen from President Donald Trump. “Not Fox,” Murdoch testified on the media outlet he founded. “But maybe Lou Dobbs, maybe Maria [Bartiromo], as commentators.” He conceded similar activity by host Jeanine Pirro and “a bit” by host Sean Hannity.

Murdoch’s comments are 1) true, as anyone who watched Fox News after the election can attest; 2) scandalous, considering that Murdoch could well have acted to stop such atrocities; and 3) likely to have a marginal impact on Dominion Voting Systems’ defamation lawsuit against Fox News.

U.S. defamation law requires a lot more than an embarrassing post hoc admission by a network mogul.

to prevail in court, Dominion needs to prove that Fox News proceeded with actual malice, meaning that Fox knew the falsity of statements it was broadcasting or made them with reckless disregard of their truth. And those requirements aren’t the only hurdles. Per the 1964 case New York Times v. Sullivan — which instituted the legal standard of “actual malice” — a plaintiff like Dominion must bring "home” the evidence, linking the required state of mind to the people responsible for the challenged statements.

It’s an arduous legal undertaking. In a mid-February filing, Dominion devotes more than 70 pages to the considerations needed to establish actual malice. .... A separate section explores the of role of executives and producers responsible for various Fox News programs, rummaging through their states of mind during allegedly defamatory broadcasts.

In its own filing Monday, Fox News argues that Dominion’s approach to imputing “actual malice” bears little relation to legal standards. “Dominion tries to distract from its evidentiary deficiencies by cherrypicking anything it can find from any corner of the Fox News organization that shows that anyone at Fox News doubted or disbelieved the President’s allegations,” reads the brief. “From there, it posits that ‘Fox’ writ large—not the specific person(s) at Fox News responsible for each statement—‘knew’ that that specific statement was false.”

The analysis goes on to point out that Faux is arguing that Dominion tried to establish that 16 specific employees had skeptical views about stolen election claims but failed to identify anyone who was responsible for making the statements. In essence, what Faux is arguing is (i) no executive in the Faux corporation was responsible for defamation, and (ii) executives’ state of mind is irrelevant if they weren’t personally involved in the allegedly defamatory broadcasts. 

I do not know if the Faux defense tactic is a red herring diversion for the point that defamatory statements were knowingly made on air by program hosts, not by executives. The show hosts certainly had plenty of malice in them when they asserted their lies on air. So why focus on the executives? One expert suggested there is no court decision on whether the executives’ state of mind is relevant. I presume that Faux has hired about the best lawyers that money can buy. Maybe they can make it relevant.

Maybe this legal tactic of proving intent in the minds of executives will allow Faux to weasel off the hook. I firmly believe that Dominion was defamed by knowing Faux lies, but that is just a non-binding personal opinion. I just do not know how this lawsuit will play out where it counts, i.e., in court.