Newsom sues Fox News for defamation over story about phone call with Trump
Published in News & Features
SACRAMENTO, Calif. — California Gov. Gavin Newsom is suing Fox News for defamation, alleging that the news outlet intentionally manipulated its coverage to give the appearance that the governor lied about a phone call with President Donald Trump.
The governor's demand for $787 million in punitive damages escalates his aggressive effort to challenge misinformation. The lawsuit, announced Friday, places Newsom at the forefront of the political proxy war between Democrats and Republicans over the press by calling out an outlet that many in his party despise.
"By disregarding basic journalistic ethics in favor of malicious propaganda, Fox continues to play a major role in the further erosion of the bedrock principles of informed representative government," the suit states. "Setting the record straight and confronting Fox's dishonest practices are critical to protecting democracy from being overrun by disinformation and lies."
Newsom, a potential 2028 presidential candidate, said he decided to sue in part because Fox News failed to change after admitting as part of a court settlement that it spread falsehoods about the 2020 presidential election.
In response to Newsom's lawsuit, Fox criticized the California governor, accusing him of undercutting the 1st Amendment.
"Gov. Newsom's transparent publicity stunt is frivolous and designed to chill free speech critical of him. We will defend this case vigorously and look forward to it being dismissed," Fox News said in a statement Friday morning.
The case stems from comments Trump made about a phone call with Newsom as tensions heated up between the two leaders over immigration raids and the president's decision to deploy the National Guard to the streets of Los Angeles.
Trump told reporters on June 10 that he spoke with Newsom "a day ago."
"Called him up to tell him, got to do a better job, he's doing a bad job," Trump said. "Causing a lot of death and a lot of potential death."
Newsom immediately refuted Trump's timeline on social media.
The governor had already spoken publicly about talking to Trump on the phone late in the night on June 6 in California, which was early June 7 for Trump on the East Coast. Newsom said the National Guard was never discussed during that call. They didn't talk again, he said.
"There was no call," Newsom posted on X. "Not even a voicemail. Americans should be alarmed that a President deploying Marines onto our streets doesn't even know who he's talking to."
Newsom's lawyers allege in the complaint that by making the call seem more recent, Trump could suggest they discussed the deployment of troops to Los Angeles, which they had not.
Trump attempted to fire back at Newsom through Fox and shared a screenshot of his call log with anchor John Roberts. The log showed that a phone call occurred on June 7 and provided no evidence of a call on June 9 as Trump claimed.
"It is impossible to know for certain whether President Trump's distortion was intentionally deceptive or merely a result of his poor cognitive state, but Fox's decision to cover up for the President's false statement cannot be so easily dismissed," the complaint states.
Newsom's legal team said Roberts initially misrepresented the situation to viewers "to obscure President Trump's false statement of fact."
Then during an evening broadcast on June 10, Fox News host Jesse Watters showed a video of Trump's comments about the phone call but omitted the president saying that it happened "a day ago." The edit made it appear that Newsom alleged the two never spoke at all.
"Why would Newsom lie and claim Trump never called him? Why would he do that?" Watters then asked.
A banner at the bottom of the screen during the segment claimed "Gavin lied about Trump's call."
Newsom's lawyers said Fox "willfully distorted the facts" and defamed Newsom to tens of millions of people.
"Fox advanced this lie about Governor Newsom out of a desire to harm him politically," the complaint states.
Newsom is particularly atuned to his critics on Fox, a conservative-leaning television network that he describes as the epicenter of a right-wing media ecosystem that misleads the public to benefit Trump and his allies. Similar to reports of Trump watching CNN, the governor regularly follows Fox political coverage. He pays close attention to the outlet's assessment of his leadership.
Fox commentators and opinion hosts, such as Watters, are given a wide berth to express their views, even when they contradict the reporting of its nonpartisan correspondents. They aggressively defend President Trump and his policies, while often casting California as a failed state with incompetent leadership.
But Newsom has also benefited from Fox and used his appearances on the network to brandish his image as a brawler for Democrats and his standing as a future presidential candidate.
Fox hosted a much talked about debate between Newsom and Florida Gov. Ron DeSantis in 2023. The California governor also participated in a sit-down interview with Sean Hannity, which drew praise from within and outside of his party.
During a talk on the social media website Substack on Friday, Newsom said he started going on Fox to disrupt propaganda and the network's narrative about Democrats.
"I have a high threshold for the bulls— on Fox, is the point," Newsom said. "I wouldn't do this unless I felt they really did cross the line."
The amount of the governor's request for damages was a subtle dig at the outlet.
Fox agreed two years ago to pay Dominion Voting Systems $787 million to drop a lawsuit against the network's false claims that voting machines were manipulated to help President Joe Biden win the 2020 election. The news organization settled the case rather than put its executives and on-air talent on the witness stand in a high profile trial.
Fox faces a similar lawsuit from Smartmatic, a Boca Raton, Fla- based voting machine company which claims its business had been hurt because of the network's reporting.
The news outlet has maintained that reporting on Trump's fraud claims was newsworthy and protected by the 1st amendment. Barring a settlement, the case could go to trial next year.
In a letter to Fox, Newsom's lawyers said they will voluntarily dismiss the governor's suit if the outlet retracts their claims that he lied about speaking to Trump.
"We expect that you will give the same airtime in retracting these falsehoods as you spent presenting and amplifying them," his lawyers stated. "Further, Mr. Watters and Fox News must issue a formal on-air apology for the lie you have spread about Governor Newsom."
The governor said any damages he might receive from the lawsuit, punitive or otherwise, would go to charity.
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Staff writer Stephen Battaglio contributed to this report.
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