Fox News lawyers won a defamation suit against the network by arguing that no reasonable viewer would take Carlson seriously
Carlson’s reasoning for saying the insurrection was planned by FBI operatives was also debunked by former Deputy FBI Director Andrew McCabe, who explained why people are sometimes referred to as unindicted co-conspirators.
“At the time the indictment is written and signed off by the judge, there are people who need to be referred to in the indictment just to make it a coherent story so it makes sense,” McCabe said, “but who the government is not prepared to charge at that time.” McCabe also mentioned that Trump was considered an unindicted co-conspirator in the case against his former lawyer, Michael Cohen.
Following Fox News’s argument in court, the judge concluded that the general tenor of Carlson’s show should inform viewers that he is not stating actual facts, and Cuomo chided the network for not informing their audience of their own argument. “That guy should have on his screen that he is not to be taken as serious,” Cuomo said. “That's what they argued in open court. They should own it. They are a disgrace for not doing it.”
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