The parents of Seth Rich, the Democratic National Committee staffer who was murdered during a botched robbery in 2016, won a legal effort on Friday to revive a lawsuit against Fox News, reporter Ma…
, reporter Malia Zimmerman and guest commentator Ed Butowsky centering on a conspiracy theory that was published about the case.
Rich’s murder is still unsolved, but D.C. Metropolitan Police determined that Rich was shot and killed a few hundred feet from his home during a robbery, the judges noted. But soon after his death, fringe groups began to advance conspiracy theories that he was involved in the leak of DNC emails to WikiLeaks, a hack that was drawing relentless media attention at the time.
The appellate judges declined to dismiss Fox News as a defendant. Although the judges noted that the Riches’ lawsuit “contains few specific factual allegations concerning the pre‐publication involvement of individuals at Fox News in addition to Zimmerman, Butowsky, and Wheeler,” they found that their lawsuit still “states sufficiently plausible claims” against the network.
In their lawsuit, the Riches claim that Fox News was aware of “the scheme” all along, and that on the eve of publication, Butowsky sent an email to Fox News producers saying that “If you have any questions about the story or more information is needed, call me” because “I’m actually the one who’s been putting this together but as you know I keep my name out of things because I have no credibility.
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