Delaware Judge Blocks Fox News from Dismissing $787 Million Defamation Lawsuit Alleging False Claims About Newsom’s Phone Call With Trump

By Jim Thomas, Saturday, May 2, 2026

A Delaware judge on Thursday denied Fox News’ motion to dismiss a $787 million defamation lawsuit filed by California Governor Gavin Newsom (D), ruling that the governor has plausibly alleged the network knowingly broadcast false claims he lied about a phone call with President Donald Trump during June 2025 Los Angeles immigration protests.

Superior Court Judge Sean P. Lugg found Fox News Network knew its statements were false when it aired them, rejecting the network’s argument that host Jesse Watters’ on-air questions constituted protected opinion. The judge determined the broadcast, labeled a “Fox News Alert,” could reasonably be understood by an average viewer as a factual assertion.

The dispute centers on a 16-minute phone call between Newsom and Trump late June 6, 2025, during Los Angeles protests against federal immigration enforcement. Four days later, Trump told reporters he had spoken with Newsom “a day ago.” Newsom countered on X that there was no call, not even a voicemail.

Trump provided Fox with a phone log of the conversation. Host Jesse Watters aired an edited clip omitting Trump’s temporal qualifier. The court found Newsom adequately pleaded actual malice, noting Fox excluded Trump’s time reference and pursued a “preconceived narrative” against the governor.

Lugg denied Fox’s request for attorneys’ fees tied to Newsom’s withdrawal of a California Unfair Competition Law claim in Delaware, emphasizing the network’s corporate home is in Delaware. The ruling sends the case toward discovery — the same phase that produced damaging internal communications in Fox’s prior $787 million settlement with a voting systems company.

Newsom responded on X: “Looking forward to discovery.”
Fox News Media stated it “respectfully disagree[s]” with the ruling and called the suit “a blatant attempt to silence free speech and weaken the First Amendment.”