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    Murdaugh Convicted, and the Dominion-Fox News Lawsuit, with Andrew Branca, Jeremy Peters, Peter Tragos, Ronnie Richter, and More | Ep. 505

    enMarch 03, 2023

    Podcast Summary

    • Murdoch Murder Trial: A Family Man's Dark Side RevealedThe Murdoch Murder Trial showcased the unsettling reality that seemingly normal individuals can commit heinous crimes, leaving the public to grapple with uncomfortable questions about human nature.

      Key takeaway from the Megyn Kelly Show discussion on the Murdoch double murder trial is that the case has captivated the nation due to its unique and disturbing elements. The defendant, Alec Murdock, was a respected trial attorney and family man who appeared to be hiding a dark side. The jury's verdict came quickly, and Alec maintained his innocence during sentencing. The trial forced the public to confront uncomfortable questions about human nature and the capability of seemingly normal individuals to commit heinous crimes. The testimony revealed that those closest to Alec were unaware of his deceitful and violent tendencies. The case serves as a reminder that murderers are not always the stereotypical boogeymen and that the crime can be committed by family members. Understanding the motivations behind such actions can be difficult but compelling. The panel on Kelly's Court further discussed the implications of the case and what's next for the prosecution and defense.

    • A human drama beyond legal complexitiesThe Alex Murdaugh trial was a compelling human story that showcased the contrast between image and reality, the importance of the jury's role, and the intrigue of a Grisham novel-esque setting in South Carolina's Low Country.

      The Alex Murdaugh trial, beyond its legal complexities, was a compelling human drama. The contrast between his public image and the allegations against him struck a chord with many. The jury's verdict served as a reminder of their role in determining truth. Additionally, the trial took place in the context of the Grisham novel-esque setting of South Carolina's Low Country, adding to its intrigue. The judge, who lost his son around the same time, presided over the trial with grace, despite his personal loss. The case was unique not just for its murder allegations, but also for the financial crimes and the intricate web of deceit involved. Overall, it was a captivating story that drew people from all over the country.

    • Doubts about Alec Murdaugh's guilt in the murder trialDespite a lack of a clear motive and circumstantial evidence, Alec Murdaugh was convicted in the murder trial of his wife and son. Concerns about the fairness of the conviction have arisen, leading to the case entering the appellate phase.

      The lack of a compelling motive and the reliance on entirely circumstantial evidence led to doubts about Alec Murdaugh's guilt in the murder trial of his wife and son. Alec maintained his innocence throughout the trial, despite a tape recording that placed him at the scene right before the murders. The jury's quick verdict, according to one juror, was based on their disbelief of Alec's explanation for his whereabouts during that time. The absence of a clear motive and the circumstantial nature of the evidence raised concerns about the fairness of the conviction. The case is now entering the appellate phase, as some believe that juries can get it wrong and that there may be room for a reconsideration of the evidence.

    • Evidence from son's discovery plays crucial role in Alex Murdock's convictionA videotape contradicting Alex Murdock's alibi, discovered by his son, was pivotal in his conviction. The jury was swayed by this uncontroverted evidence, as well as his past dishonesty and attempt to fake his own suicide.

      Key takeaway from the trial of Alex Murdock is that his son's discovery and disclosure of incriminating evidence, specifically a videotape, played a significant role in his conviction. The video contradicted Alex's alibi, forcing him to take the stand and admit to lying about his whereabouts during the time of the murders. The jury was particularly swayed by this uncontroverted evidence, as well as Alex's past bad acts and his attempt to fake his own suicide. Prosecutor Creighton Waters had anticipated Alex's decision to testify and effectively used it against him, highlighting his dishonesty even in small matters. Ultimately, the jury's decision was influenced by both the strong evidence against him and their negative perception of his character.

    • Use of prior bad acts as evidence in criminal trialsThe use of prior bad acts as evidence in criminal trials can influence juries, but the appeal process may not result in a reversal for the defendant.

      The use of "propensity" evidence, or evidence of a defendant's prior bad acts, in a criminal trial can be a complex issue. While it can be used to establish motive or credibility, it can also be difficult for juries to separate these crimes from the crime at hand. The outcome of such cases often ends in a guilty verdict, but the appeal process is not a guaranteed win. In the recent Alex Murdaugh trial, the prosecution successfully introduced financial fraud evidence under the "propensity" rule, which the defense argues unfairly influenced the jury and deprived Murdaugh of a fair trial. Despite the potential grounds for appeal, the prospects of getting a reversal are slim, and the appeal process is often seen as unavoidable even for convicted defendants. The jury member's public statement about the critical role of the videotape in the trial adds to the complexity of the case.

    • Jurors' personal observations and judgments influenced the Alec Murdock trial verdictJurors' personal observations and instincts played a significant role in the Alec Murdock trial verdict, despite expert testimony and evidence presented in court.

      The jury's decision in the Alec Murdock trial was influenced by their trust in their own observations and judgments, rather than relying solely on expert testimony or evidence presented in court. Juror Craig Moyer, who was interviewed after the trial, shared his belief that Alec did not show genuine remorse or compassion during his testimony, despite his tears. This plainspoken juror's determination based on his personal observation proved crucial, as it took only 45 minutes for the jury to convince the holdouts to agree with the majority verdict of guilty. Interestingly, a juror who was removed before the deliberations due to her discussions about the case outside of the jury room might have potentially hung the jury, as she strongly believed in Alec's innocence. These incidents highlight the significance of jurors' individual perspectives and their ability to trust their instincts in reaching a verdict.

    • Juror communications and their impact on the outcome of the Alex Murdaugh trialA juror's extensive conversations about the case could have potentially changed the trial's outcome, but her dismissal is unlikely to be grounds for appeal. Murdaugh, facing life sentences, may be in a high-security prison due to his background and potential mental health concerns.

      The outcome of the Alex Murdaugh trial could have potentially been different if a juror, who reportedly had extensive conversations about the case, had kept her communications private. The defense team is unsure if she would have helped their case, but her dismissal is not expected to be grounds for appeal since she admitted to speaking about the case. Alex Murdaugh, who is facing life sentences for the murders of his wife and son, is likely to be in a high-security prison due to his background as a former lawyer and prosecutor. There have been concerns about his mental state and potential suicidal thoughts in the wake of the verdict. The defense team also questioned the impartiality of another juror, who they believed was a good liar, but the jury ultimately found him credible. The trial was filled with speculation, what-ifs, and uncertainty, leaving many wondering about the potential impact of these jurors on the outcome.

    • Murdaugh and Smollett Legal Battles ContinueAlex Murdaugh's trial for his wife and son's murder has ended, but his financial crimes and civil cases remain. Jussie Smollett is appealing his conviction for staging a hate crime and faces potential double jeopardy.

      The trial of Alex Murdaugh over the murder of his wife and son has come to an end, but his legal troubles are far from over. The financial crimes and civil cases related to the boat accident and other incidents will continue. Jussie Smollett's legal situation is also in the news, as he is appealing his conviction for staging a hate crime and is now facing potential double or even triple jeopardy. The outcome of these appeals remains to be seen. The Murdaugh case revealed that the lawsuit over the boat accident and the Buster Murdoch allegations are ongoing, and the financial crisis will likely be resolved one way or the other. The civil cases will continue to pursue collecting from Alec Murdaugh, the law firm, and any other assets they can find. The appointment of a receiver for all civil matters has allowed victims to make applications against a super fund. The boat rack, Parker's convenience store, and other bars in Beaufort are also facing civil claims. Jussie Smollett's appeal raises questions about double or triple jeopardy and the fairness of his trial. The outcome of these appeals will provide further clarity on these complex legal situations.

    • Jussie Smollett's Appeal and Alec Baldwin's Charges: The Legal Process in ActionFamous individuals, like Jussie Smollett and Alec Baldwin, face the same legal consequences as ordinary citizens. Trials, appeals, and sentencing are determined by the evidence and the judgment of a jury and the judge.

      The legal system allows for trials and appeals, even for high-profile cases involving public figures. In the case of Jussie Smollett, despite his initial dismissal of charges by an ideological prosecutor, he was eventually found guilty by a jury of his peers. He is currently appealing the decision, but the evidence against him was overwhelming and the judge was critical during sentencing. Meanwhile, Alec Baldwin, who is facing involuntary manslaughter charges for the on-set shooting of Halyna Hutchins, has had the gun enhancement charge dropped. If found guilty, he could face up to 18 months in prison, but the sentence would be at the discretion of the judge. The legal process can be lengthy and unpredictable, and outcomes are not guaranteed, regardless of one's fame or resources.

    • On-set shooting incident: Negligence claims against Alec Baldwin and Rust production teamIndustry standard to treat weapons as real and loaded breached on Rust set, potentially leading to negligence claims against Baldwin and team. Fox News faces defamation trial from Dominion Voting Systems over false election rigging claims, with damaging revelations from depositions but both sides making strong arguments in summary judgment motions.

      Negligence claims and criminal charges are being levied against Alec Baldwin and the production team of Rust over the on-set shooting incident. The prevailing industry standard is to treat every weapon as if it's real and loaded, and if this standard was breached, it could lead to negligence claims. Meanwhile, Fox News faces a massive defamation trial from Dominion Voting Systems, with top executives and hosts having been deposed. The case revolves around false statements made on air regarding Dominion's involvement in alleged election rigging. Despite calls for deplatforming, Fox News is preparing for trial, with both sides making strong arguments in summary judgment motions. The revelations from depositions have been damaging, but Fox contends that the full context will exonerate them.

    • Fox News Hosts Endorsed False Claims about Dominion Voting SystemsFox News faced accusations for hosting guests with unreliable sources and endorsing their false claims about Dominion Voting Systems, despite hosts having evidence of their questionable information.

      During the 2020 US Presidential Elections, Fox News faced accusations of endorsing false claims about Dominion Voting Systems by hosting guests like Sidney Powell and Rudy Giuliani, and failing to disclose the questionable sources of these guests' allegations. The New York Times reporter Jeremy Peters, who has covered the case extensively, summarized the situation as Fox's hosts not just platforming these individuals but also endorsing their lies. Rupert Murdoch's testimony acknowledged that hosts like Maria Bartiromo and Lou Dobbs had evidence of Sidney Powell's unreliable sources but still gave them airtime. The wackadoodle email, allegedly sent by Powell, contained delusional claims, and Bartiromo was aware of it before hosting Powell. The failure to disclose this information to their audience is a significant part of Dominion's case against Fox News.

    • Fox News Executives and Personalities Involved in Dominion Defamation LawsuitFox News faces significant financial and reputational risks for allegedly spreading false 2020 election conspiracy theories, with high-ranking executives and personalities like Jeanine Pirro implicated in the Dominion lawsuit. Despite this, Fox has chosen not to settle, suggesting confidence in their position.

      The Dominion defamation lawsuit against Fox News is significant due to the involvement of numerous high-ranking Fox executives and personalities in spreading conspiracy theories about the 2020 election. One example is Jeanine Pirro, who allegedly fed conspiracy theories to Sidney Powell without disclosing it to her audience. The fact that these individuals have been deposed in the case is unusual and suggests that Fox may be prepared to fight the lawsuit in court. The potential financial and reputational risks to Fox, especially if it's found to have knowingly spread false information, are substantial. Despite this, Rupert Murdoch and Fox have chosen not to settle the case, raising questions about their confidence in their position. The timeline of events shows that Fox began promoting Powell's claims when they started gaining traction and ratings, even though they went against the election calls made by Fox's respected decision desk. This pattern of behavior is central to the defamation claim against Fox.

    • Fox News figures faced criticism for election coverageDuring the 2020 election, some Fox News figures prioritized audience satisfaction over truth, leading to criticism and concerns about journalistic integrity.

      During the 2020 election, some Fox News figures, including Rupert Murdoch and Tucker Carlson, were criticized for their coverage of election conspiracy theories and their perceived disregard for the truth. This behavior was seen as an attempt to win back an audience that was slipping away, even if it meant sacrificing journalistic integrity. The texts reveal a sense of panic within Fox News regarding audience reaction to their coverage, particularly regarding the Arizona election call and the promotion of conspiracy theories about Dominion voting systems. Despite the pressure to cater to their audience, some Fox News figures, like Tucker Carlson, have shown the ability to challenge and criticize false claims when necessary, even if they were once allies to those making the claims. Ultimately, the situation highlights the importance of maintaining journalistic integrity and the potential consequences of prioritizing audience satisfaction over truth.

    • Media's pursuit of ratings and profit can lead to disregard of journalistic responsibilityDuring the 2020 election, some networks aired false claims about Dominion Voting Systems, damaging their reputation. Previous coverage of Russiagate also misled the public. Dominion is suing Fox for defamation, but the high standard for such cases makes it risky. Media must maintain journalistic integrity, especially when reporting on high-profile figures.

      The pursuit of ratings and profit in the media industry can lead to the disregard of journalistic responsibility. This was evident during the 2020 election when some networks, such as Fox News, aired false claims about Dominion Voting Systems. While Fox has since admitted that these claims were not true, the damage had already been done. The unseemly part is that networks like MSNBC and CNN had previously misled the public with their coverage of Russiagate, and they have yet to apologize for it. The Dominion case against Fox hinges on whether the people responsible for the content on these shows knew they were lying. While Rupert Murdoch's personal beliefs may not be enough to prove this, the producers involved in these shows have expressed doubts about the validity of the fraud claims. The high standard for defamation cases makes it a risky move for Dominion to take the case to trial, and as media members, we believe this standard is necessary to protect freedom of the press. However, it's crucial that media outlets maintain their journalistic integrity, especially when reporting on claims made by high-profile figures like the President of the United States.

    • Defamation case between Dominion and Fox News raises complex issuesThe Dominion vs. Fox News defamation case tests journalistic ethics, First Amendment, and burden of proof in defamation cases. Outcome may set precedent for future media-public figure disputes.

      The ongoing defamation case between Dominion and Fox News raises complex issues surrounding journalistic ethics, the First Amendment, and the burden of proof in defamation cases. While Dominion aims to prove that Fox News knowingly or recklessly published false statements about the company, critics argue that such a judgment could negatively impact all media outlets under the First Amendment. The case is unique due to the length and visibility of the controversial statements, involving high-profile figures like Tucker Carlson, and the potential involvement of executives and editors in the dissemination of false information. The outcome of this case could set a significant precedent for future defamation cases involving media outlets and public figures.

    • Dominion Defamation case: Facts vs. OpinionsThe Dominion Defamation case against Fox News centers on the distinction between facts and opinions, with Fox News arguing that some claims were expressed as opinions, while the plaintiff argues they were false facts. The case also raises questions about journalistic responsibility and fact-checking.

      The Dominion Defamation case against Fox News is complex and hinges on the distinction between statements of fact and statements of opinion. Fox News argues that some of the claims made about Dominion were expressed as opinions, not facts, and therefore protected under the First Amendment. The case also raises the issue of journalistic responsibility and the obligation to fact-check and challenge questionable statements, particularly when made by public figures. A defense called "neutral reportage" could potentially apply in this case, but it is not recognized under New York law, which is being used in the case. The case highlights the tension between good journalism and the law in reporting on controversial statements made by public figures.

    • Fox News reports on unproven voter fraud allegationsDespite lack of evidence, Fox News reported on unproven voter fraud allegations during the 2020 U.S. Presidential election, but later statements from the source of the claims may raise concerns.

      During the 2020 U.S. Presidential election, Sydney Powell made allegations of voter fraud involving manipulated software that switched votes from Donald Trump to Joe Biden. Fox News reported on these claims, but despite numerous requests, Powell never provided any concrete evidence to support her allegations. This lack of evidence, coupled with Powell's unwillingness to provide it, led many to question the validity of her claims. The legal argument for reporting such claims neutrally and objectively while not endorsing them still applies, but the later statements made by Powell may be more problematic due to the mounting evidence against her allegations. Fox News' best defense may lie in the newsworthiness of the initial claims and the condition that the speakers repeating the claims be responsible. The concern for potential financial repercussions, while not nefarious, is also a valid consideration for news organizations. However, it's important to note that all major news networks have a financial motive and should be held accountable for their reporting.

    • Media's Profit Motive vs. Defamation LawsThe New York Times vs. Sullivan case established a precedent for free speech protection, focusing on specific false statements instead of overall coverage context. Dominion's lawsuit against Fox News could impact this precedent, depending on whether the jury can consider overall context or just specific statements.

      The media, including news shows, have a profit motive and the hosts' salaries depend on good ratings. However, when it comes to defamation cases, the law focuses on specific false statements rather than the general thrust of coverage. The landmark case New York Times vs. Sullivan sets a precedent for protecting free speech and limiting the potential for juries to make decisions based on factors other than false and defamatory statements. Dominion's case against Fox News may hinge on whether the jury can consider the overall context of a month of coverage or if they must focus on specific statements. A loss for Dominion could potentially strengthen the New York Times vs. Sullivan precedent.

    • Dominion Voting Systems lawsuit against Fox News is complexThe Dominion Voting Systems defamation case against Fox News is unlikely to be dismissed but could go to trial, with negotiations for a settlement ongoing. The outcome depends on whether the court considers the network as a whole or examines individual hosts' state of mind.

      The Dominion Voting Systems defamation case against Fox News is more complex than it seems. While texts from some Fox News hosts expressing skepticism about the Dominion claims are not in Fox's favor, they do not guarantee a win for Dominion. The case hinges on whether the court will consider the network as a whole or examine individual anchors and their state of mind. Fox is more likely to win if it's the latter. The case is unlikely to be dismissed but is expected to go to trial, and negotiations for a settlement are ongoing. The situation is expected to get even more contentious.

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     https://www.devilmaycaremedia.com/megynkellyshow

    The Megyn Kelly Show
    enJune 25, 2024

    Trump Picks His VP, and Jack Smith's Election Interference, with Victor Davis Hanson and Jonathan Turley | Ep. 819

    Trump Picks His VP, and Jack Smith's Election Interference, with Victor Davis Hanson and Jonathan Turley | Ep. 819

    Megyn Kelly is joined by Victor Davis Hanson, author of "The End of Everything,” to discuss the major stakes in Thursday's debate between Trump and Biden, what is on the line for both candidates, how Trump should handle the moment, the latest on the 2024 polling, black voters still supporting Trump in record numbers, Trump saying he's made his VP pick already but not revealing who it is, why J.D. Vance is a frontrunner despite his previous criticisms of Trump, the positives Marco Rubio and Doug Burgum could bring to the ticket, the surge of violent crimes against young girls by illegal immigrants, the left and media playing down the severity of the crisis and MSNBC laughing about one of the cases, one MSNBC host refusing to use the term "illegal" to describe a criminal, and more. Then Jonathan Turley, author of "The Indispensable Right," joins to discuss Jack Smith pushing to put a gag order on Trump in the Florida case, the way a gag order of Trump is akin to election interference, the unconstitutionality of gag orders in the first place, the absurdity of the New York business records trial, the ongoing attacks on the Florida Trump case Judge Aileen Cannon, whether Jack Smith could get booted from the case, how the attacks on free speech relate to January 6, a newly revealed video showing Nancy Pelosi admitting responsibility for the January 6 riot, whether the video was suppressed for so long, the attacks on free speech in America, and more.

    Hanson-https://www.amazon.com/End-Everything-Wars-Descend-Annihilation/dp/1541673522

    Turley-https://www.simonandschuster.com/books/The-Indispensable-Right/Jonathan-Turley/9781668047040

    Follow The Megyn Kelly Show on all social platforms:


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     Find out more information at:


     https://www.devilmaycaremedia.com/megynkellyshow

    The Megyn Kelly Show
    enJune 24, 2024

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