A Manhattan judge threw out a motion by lawyers representing Fox News and host Lou Dobbs to throw out a defamation lawsuit by Venezuelan businessman Majed Khalil. The lawsuit was filed last year, with the plaintiff claiming that Dobbs defamed him with frequent on-air attacks via his Fox Business show, Lou Dobbs Tonight, as well as several tweets.

Fox Corp., Fox News Network, and Lou Dobbs were all named in the lawsuit. The lawyers for the defendants tried to throw the case out. However, U.S. District Judge Louis L. Stanton decided that the Venezuelan had "sufficiently claimed that his reputation was harmed by false accusations." according to ABC News.

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According to The Hill, the lawsuit alleged that Dobbs and then-Trump attorney Sidney Powell defamed Khalil in Dobbs's show by accusing him of helping change ballot counts in voting machines, dubbing his supposed actions as "electoral 9/11." Dobbs also repeated these claims on Twitter.

The judge also added that Khalil may argue before a jury that the defendants had "actual malice" because they repeatedly maintained their claims about the businessman even after Sidney Powell's election fraud theories were challenged.

Judge Stanton also stated that Khalil is not a public figure, and his complaint has shown that there is "enough evidence of false and defamatory statements to move forward to discovery in the case."

The judge stated that Powell is not an accurate source of information given that her numerous claims against Dominion and Smartmatic have been proven false, but still, the defendants have repeated her claims on air.

As for the Tweet that Dobbs used to defame Khalil, it was in reference to a post he tweeted last December 10, 2020. He listed Khalil along with four others as being in liaison with Lebanon's Hezbollah. Dobbs also claimed that Khalil was the "effective COO" of an election rigging scheme using Smartmatic and Dominion voting machines.

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Venezuelan Businessman Must Now Show Evidence of Malice From Fox News as Case Moves Forward

In that same lawsuit, Khalil claimed that nobody from Fox News ever approached him to seek confirmation or deny the election fraud claims.

With the case now moving forward to discovery, Judge Stanton rejected claims made by Fox News that Dobbs' claims were protected by reporting privilege on a matter of public interest and that it was protected by New York's fair report doctrine. However, Judge Stanton ruled that Dobbs and Powell never attributed the statements about Khalil to any kind of official probe or any judicial proceeding, He also reiterated that Powell was not a responsible source.

However, the judge also ruled that New York's anti-SLAPP law applies to the case, as it has to do with a matter of public interest. Because of this, Khalil must now show actual malice on the part of Dobbs and Fox News, according to Deadline.

Dobbs's show was cancelled after another lawsuit was filed by Smartmatic, which Dobbs repeatedly accused of aiding in already-debunked "election fraud."

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This article is owned by Latin Post.

Written by: Rick Martin

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