NICOLLE WALLACE (HOST): But so much what we're seeing in the filing centers around the motive for broadcasting, in some instances, rebroadcasting lies. How much is that -- that ratings zeal, that fervor to keep the numbers as high as some of the other right-wing outlets, is that -- does that have a legal significance or does that just explain the motive to those of us reading it as a narrative?
LAURENCE TRIBE (GUEST): Well, it makes it easier if the case does go to a jury rather than being resolved just summarily by the judge, it makes it easier for jurors, regardless of their politics, even if they initially believed the "Big Lie," it makes it easier for them to say, "Dominion should win and Fox should have to be held accountable."
But you don't have to prove motive. From time to time people think, "Well, Fox didn't have an evil motive. They weren't politically motivated." That's not relevant. The idea that they were motived by greed, that's no defense. It's neither here nor there.
We know what their motive was. They wanted to have greater revenue. They wanted to please their audience. They were worried that they would lose audience share if they told people that what they hoped was true, mainly, that the election had been stolen. If they told people that wasn't true, that they would turn off the channel, switch to another station, maybe listen to CNN or -- God forbid -- MSNBC. That was the motive.
The law is clear. If you provide a platform for things you know are lies and that causes people harm, they collect damages. You know, if I were the judge, I would -- as I say, would really consider giving summary judgment to Dominion and if I were a juror, even if I were a juror who loved Donald Trump, and even if I initially believed the Big Lie, it would be hard for me to listen to all this stuff and not vote for Dominion
And that's why I don't think if I were counsel for Dominion, I would be advising them to consider settling. This is a case where there is no reason to settle because there is no defense for Fox or Fox corporation, for that matter.