Fox News’ settlement with Dominion requires no retraction or on-air apology

Fox News’ $787.5 million settlement with Dominion Voting Systems does not require the network to issue a retraction or on-air apology, sources confirmed.

In a subsequent conversation with reporters, Dominion lawyers suggested that the massive settlement amount and litigation so far blames the network for fueling false allegations that the voting software company was involved in rigging the 2020 election in favor of Joe Biden.

“We have achieved our goals. Our goals were accountability and our goals were for our client to make amends,” Justin Nelson, Dominion’s lead attorney, told Deadline. “And I think we hit home runs on both of them. We are very proud of what we have done in this case and I think for the first time we are responsible for the lies of the 2020 election.”

While Fox issued a statement shortly after the settlement was announced, it did not offer an apology and did not directly retract what was said on air, instead referring to what the court ruled on the matter. “We acknowledge the court’s rulings that found certain allegations about Dominion to be false,” the statement said. Judge Eric Davis granted summary judgment last month, ruling that it is “self-evident that none of the statements made by Dominion about the 2020 election are true.”

But Nelson said, “I think we’re looking for accountability. And I think that really showed today by paying over three-quarters of a billion dollars. Lies have consequences. They also recognize that any summary judgment that they cited have, are lies.

“From our point of view, what we were looking for is what we achieved.”

Settlement speculation began Sunday when Davis delayed the start of the trial by 24 hours until today. Fox submitted to the court that Dominion pay its damages of $1.6 billion. Dominion disputed Fox’s claim that the damage count was reduced. Nevertheless, the damages dispute could have helped lay the groundwork for a settlement.

Settlement speculation died down this morning as the jury was selected, sworn in and installed. By late morning it looked like the trial would begin in earnest, with sources suggesting Rupert Murdoch could be called to the witness stand early in the Dominion case, perhaps as early as Wednesday when he began giving his first evidence. Many of Fox News’ celebrities would take the stand and be questioned by Dominion about a spate of embarrassing emails and texts released in recent months.

When the court returned to session after lunch, the situation had changed. Rather than bring the jury back to the courtroom, Davis huddled behind closed doors with lawyers from Dominion and Fox News. For two and a half hours, the packed courtroom – mostly filled with journalists – was left to speculate about what was happening. Reporters read the lawyers’ body language and look for clues. The judge apparently waited for word that the settlement was final before taking his next step in the case: resigning and discharging the jury.