Fox News is asking a judge to dismiss a $787 million defamation lawsuit filed by California Gov. Gavin Newsom, D, calling the case a “political stunt” intended to boost Newsom’s chances if he runs for president in 2028. Newsom sued the network on June 27 after prime time host Jesse Watters claimed the governor lied about a call with President Donald Trump earlier that month.
The lawsuit
The issue was when — and whether — Newsom and Trump spoke about the immigration enforcement actions that led to demonstrations in the Los Angeles area in June.
Newsom says he had a 16-minute call with Trump on June 7. Trump, however, gave a different timeline, saying at a June 10 press conference that he had spoken with Newsom “a day ago.” Newsom then denied receiving any call or voicemails.
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On his Fox program, Watters showed a call log that he said supported Trump’s claim and questioned Newsom’s denial. Watters accused Newsom of lying when he said Trump had not called him.
In his lawsuit, Newsom sought the same amount Fox paid Dominion Voting Systems to settle a lawsuit over the network’s claims about interference in the 2020 presidential election.
“If Fox News wants to lie to the American people on Donald Trump’s behalf, it should face consequences — just like it did in the Dominion case,” Newsom said in a statement when he filed the suit.
At the time, Newsom’s lawyers said he would drop the suit if Fox retracted Watters’ claim and if both the network and the host issued on-air apologies.
Watters apologized on air in July, saying Newsom “didn’t deceive anybody on purpose” but was “confusing and unclear” with his comments.
Despite Watters’ apology, Newsom did not drop the suit.
Fox’s response
In its response to the lawsuit, Fox News argued that the case should be dismissed and that Newsom should be ordered to pay its legal fees.
“At a minimum,” Fox’s lawyers wrote, “Watters’ query about why Newsom would ‘lie’ is an opinion based on disclosed facts that enjoys full First Amendment protection.”
The lawyers also claimed Newsom was deliberately seeking media attention amid speculation that he might run for president in 2028, and the network ridiculed the governor’s intention to amend the lawsuit.
“With Gov. Newsom facing possible payment of Fox’s attorney fees and political embarrassment, we’re not surprised he has told us he plans to amend his original complaint,” the network said in a statement Thursday. “But no amendment will change that this case is a transparent publicity stunt and a colossal waste of the court’s time and resources.”
