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Fox News execs blocked Trump from doing Jan. 6 interview amid Capitol riot, filing shows

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Republican presidential candidate Donald Trump participates in a debate sponsored by Fox News at the Fox Theatre on March 3, 2016 in Detroit, Michigan.
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Chip Somodevilla | Getty Images

On Jan. 6, 2021, the day a violent mob breached the U.S. Capitol in support of then-President Donald Trump, executives at Fox Corp vetoed Trump’s attempt to appear on the network’s air, according to court documents filed Thursday.
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The documents allege that the former president dialed into on-air personality Lou Dobbs’ show the afternoon of Jan. 6, but that executives shut down Trump’s efforts to appear on air.

“Fox refused to allow President Trump on air that evening because ‘it would be irresponsible to put him on the air’ and ‘could impact a lot of people in a negative way,’” the filings said.

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Scores of Trump’s supporters attacked the Capitol in a bid to prevent Congress from confirming Democrat Joe Biden’s victory in the 2020 election. Trump, a Republican, has repeatedly made false claims that the election was rigged against him. The events of Jan. 6 and Trump’s involvement in various attempts to block Biden’s win are the subject of multiple criminal investigations. Trump has dismissed the probes as part of a “witch hunt.”

The documents were publicly released for the first time this week as part of Dominion Voting Systems’ $1.6 billion lawsuit against Fox Corp and its cable TV networks. Dominion brought the defamation lawsuit against Fox and its right-wing cable networks, Fox News and Fox Business, arguing the networks and its anchors made false claims that the company’s voting machines rigged the results of the 2020 election. The suit is pending at the Delaware Superior Court.

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Dominion, Fox Corp and Fox News filed their motions for summary judgment this week, which unveiled evidence from months of discovery and depositions that had been private until this point. Fox News anchors, as well as top Fox Corp brass including Rupert Murdoch and Lachlan Murdoch, were questioned in recent months.

The evidence also showed that Fox News’ top anchors, including Tucker Carlson, Sean Hannity and Laura Ingraham, expressed disbelief in the claims of fraud being made against Dominion that it rigged the election. The anchors in particular doubted fraud claims by pro-Trump attorney Sidney Powell and Trump’s attorney Rudy Giuliani.

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Ingraham said in a message to Carlson: “Sidney is a complete nut. No one will work with her. Ditto with Rudy,” according to the documents.

Fox and its networks have rigorously denied the claims. In court papers Thursday, Fox Corp said it had “no role in the creation and publication of the challenged statements – all of which aired on either Fox Business Network or Fox News Channel.” 

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Meanwhile, Fox News reiterated in court papers that it “fulfilled its commitment to inform fully and comment fairly” on the claims that Dominion rigged the election against Trump. 

“There will be a lot of noise and confusion generated by Dominion and their opportunistic private equity owners, but the core of this case remains about freedom of the press and freedom of speech, which are fundamental rights afforded by the Constitution and protected by New York Times v. Sullivan,” Fox said in a statement issued Thursday. 

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Dominion said in court papers that Fox and its hosts felt pressure from the audience backlash on the 2020 election night when it called the state of Arizona for Biden. That pressure was evident in text messages between Fox’s top personalities in the weeks following the election, which continued through Jan. 6.

The night before Jan. 6, Rupert Murdoch told Fox News CEO Suzanne Scott, “It’s been suggested our prime time three should independently or together say something like ‘the election is over and Joe Biden won,’” according to court papers. Saying so “would go a long way to stop the Trump myth that the election was stolen,” he added.

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On the evening of Jan. 6, Carlson texted his producer, calling Trump “a demonic force. A destroyer. But he’s not going to destroy us,” court papers show.

The lawsuit has been closely followed by First Amendment watchdogs and experts given libel lawsuits are often centered around one falsehood but in this case, Dominion cites a long list of examples of Fox TV hosts making false claims even after they were proven to be untrue. Media companies are often broadly protected by the First Amendment. 

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The trial is slated to begin in mid-April.



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Virgin Orbit scrambles to avoid bankruptcy as deal talks continue

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Virgin Orbit’s LauncherOne rocket on display in Times Square, New York.
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CNBC | Michael Sheetz

Virgin Orbit is scrambling to secure a funding lifeline and avoid bankruptcy, which could come as early as this week without a deal, CNBC has learned.
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The rocket builder paused operations last week and furloughed most of the company, as CNBC first reported, while it sought new investment or a potential buyout.

Virgin Orbit CEO Dan Hart and other senior leadership held daily talks with interested parties through the weekend, according to people familiar with the matter, who asked to remain anonymous in order to discuss internal matters.

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During an all-hands meeting last week, Hart told employees that the company hoped to give an update on the situation as soon as Wednesday.

Meanwhile top talent is already hitting the job market: Many of Virgin Orbit’s approximately 750 employees are looking elsewhere for openings. That talent ranges from executives to senior and lead engineers to program managers who are actively searching for and finding new jobs, according to a CNBC analysis.

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While a door remains open to avoiding bankruptcy, people close to the situation describe a sense of panic as the company struggles to get a deal done. One possible buyer balked at a proposed sale price of near $200 million, one person told CNBC — a price just below the company’s market value as of Friday’s close.

At the same time, Virgin Orbit is bracing for a potential bankruptcy filing as soon as this week, one person said. Virgin Orbit hired a pair of firms — Alvarez & Marsal and Ducera Partners — to draw up restructuring plans in the event of insolvency, CNBC has learned. Sky News first reported the firms had been hired.

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A Virgin Orbit spokesperson declined to comment.

Shares of Virgin Orbit have continued to fall since its pause in operations, with its stock slipping to near 50 cents a share in Monday trading.

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The company developed a system for sending satellites into space that uses a modified 747 jet, which drops a rocket from under the aircraft’s wing midflight. Its last mission suffered a midflight failure, and its rocket failed to reach orbit.

Richard Branson’s Virgin Orbit, with a rocket under the wing of a modified Boeing 747 jetliner, takes off for a key drop test of its high-altitude launch system for satellites from Mojave, California, July 10, 2019.

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The company was spun out of Richard Branson‘s Virgin Galactic in 2017 and counts the billionaire as its largest stakeholder, with 75% ownership. Mubadala, the Emirati sovereign wealth fund, holds the second-largest stake in Virgin Orbit, at 18%.

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But the company has struggled to sustain its cash coffers. It went public in December 2021 near the tail end of the SPAC craze and was unable to tap the markets for fundraising in the same way as its sister company Virgin Galactic, which built its cash reserves to more than $1 billion through stock and debt sales.

Virgin Orbit aimed to raise $483 million through its SPAC process, but significant redemptions meant it raised less than half of that, bringing in $228 million in gross proceeds. The funds it did manage to raise came from Boeing and AE Industrial Partners, among others.

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Virgin Orbit has been looking for a financial lifeline for several months. Branson was not willing to fund the company further, people familiar said, and instead shifted strategy to salvaging value.

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Since the fourth quarter, Virgin Orbit has raised $60 million in debt from the investment arm of Branson’s Virgin Group — giving it first priority over Virgin Orbit’s assets. Around the same time, Virgin Orbit hired Goldman Sachs and Bank of America to explore other financial opportunities, ranging from a minority-stake investment to a full sale.

George Mattson, who sits on Virgin Orbit’s board of directors, has been heavily involved in the process of selling the company, people told CNBC. Mattson spent nearly two decades as a banker at Goldman Sachs, before co-founding the SPAC called NextGen, which took Virgin Orbit public at a $3.7 billion valuation.

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Virgin Orbit disclosed in a filing Monday that it had approved a severance plan for top executives, if they are terminated “following a change in control” of the company. The plan covers Hart, as well as Chief Strategy Officer Jim Simpson and Chief Operating Officer Tony Gingiss, and includes paying out base compensation and annual bonuses. In the event of termination, Hart would receive a cash severance equal to 200% of his base salary, which is $511,008, according to FactSet.



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Foot Locker touts ‘renewed’ Nike relationship as it reports slide in holiday-quarter profit

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Foot Locker CEO Mary Dillon on Monday touted a “renewed” and revitalized relationship with Nike, including an emphasis on what she called “sneaker culture.”

Shares of Foot Locker fell more than 2%. The sneaker and athletic-apparel retailer also reported quarterly earnings Monday morning. 

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During the holiday quarter, which ended Jan. 28, Foot Locker posted just under $2.34 billion in sales, slightly lower than a year earlier. Its profit for the period came in at $19 million, or 20 cents a share, compared with $103 million, or $1.02 a share, a year earlier. Excluding one-time items, earnings per share were 97 cents, down from $1.46.

For the current fiscal year, which will include an extra week, Foot Locker expects sales and comparable sales to be down 3.5% to 5.5%, with adjusted earnings per share of $3.35 to $3.65.

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The retailer plans to close about 400 under-performing mall stores but said it will open around 300 new format stores.

Since Dillon took over as chief executive of Foot Locker in September, she’s spent a “great deal of time with Nike revitalizing our partnership” after Nike moved away from wholesale channels to focus on building out direct to consumer sales. 

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“Of course, Nike is our largest brand partner and the leader in the industry. From day one I’ve been welcomed to the industry by John and Heidi and their team,” Dillon said of Nike CEO John Donahoe and Heidi O’Neill, its president of consumer and marketplace.

Dillon, the former chief executive of Ulta, said Foot Locker and Nike have “re-established joint planning, as well as data and insight sharing.” 

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“The fruits of our renewed commitment to one another will begin to show up in holiday this year as we build increasing momentum to 2024 and the 50th anniversary of Foot Locker,” Dillon said. 

For the past several years, Nike has been working to grow its direct to consumer business and with it, cut partnerships with numerous wholesale accounts so it could grow its e-commerce channels and open new stores. 

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However, like other retailers, Nike was stuck with a glut of inventory brought on by pandemic-related supply chain challenges over the last few quarters and relied on those wholesale partners to move that product out. 

During its fiscal-second quarter that ended Nov. 30, Nike’s wholesale revenue was up 19% for the quarter after it’d been effectively flat over the previous several quarters. 

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“We’ve been starving the wholesale channel for six to eight quarters because of supply constraints and so as we had supply constraints, we were prioritizing adequate inventory levels within NIKE Direct and so we’re seeing strong demand as we go back into our wholesale partners with available supply,” Matthew Friend, Nike’s chief financial officer, explained to investors during an earnings call in December.

In January, when asked about Nike’s direct to consumer plans during an interview with CNBC, Donahoe spoke about the importance of an omnichannel model.

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“Our strategic wholesale partners, partners like Dick’s Sporting Goods or Foot Locker or JD, are very, very important because consumers want to be able to try on products, they want to be able to touch and feel,” Donahoe said. “And so we’ve invested in strengthening those strategic relationships.”

While Nike was glad to get rid of that extra inventory during its last quarter, Foot Locker is now dealing with its own glut of shoes and apparel it’s struggling to get off the shelves. At the end of its fiscal fourth-quarter, inventories stood at $1.6 billion, about 30% higher than the year ago period, although down slightly from the fiscal third quarter.

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As part of its new strategy under Dillon, Foot Locker is revisiting its store footprint in a bid to drive revenue and acquire new customers. While it plans to close about 400 underperforming mall stores in North America, it plans to bolster its new format stores from about 120 to more than 400 by 2026.

The new formats include Foot Locker’s community stores, power stores and its house of play concept.

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New Starbucks CEO Laxman Narasimhan takes over nearly two weeks earlier than expected

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Starbucks CEO Howard Schultz, left, with incoming CEO Laxman Narasimhan, Sept. 7, 2022.
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Source: CNBC

Starbucks on Monday said Laxman Narasimhan has officially become CEO, nearly two weeks earlier than expected.
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He’ll lead the coffee giant’s annual shareholder meeting Thursday, marking his first public address as its chief executive.

After being named incoming CEO in September, Narasimhan has spent months learning about Starbucks’ business, including training as a barista. The official transition was expected to happen April 1.

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Before his appointment, he was chief executive of Reckitt, which owns brands like Lysol, Durex and Mucinex. He also previously worked at PepsiCo and McKinsey.

Narasimhan takes the reins from Howard Schultz, who is ending his third stint in the top job.

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“Today, I am entrusting you all with Starbucks – something that holds a place in my heart second only to that of my beloved family,” Schultz wrote in a letter to company leadership that was viewed by CNBC.

Schultz returned nearly a year ago after former CEO Kevin Johnson surprised investors by announcing his retirement.

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This time around, Schultz suspended the company’s buyback program for months, pushed back against baristas’ union plans and announced a new strategy to keep up with how the company’s business has transformed.

Since Schultz returned April 4, Starbucks stock has risen nearly 8%, bringing its market value to $113 billion. The S&P 500, meanwhile, has fallen more than 13% over that time.

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Despite stepping down earlier than anticipated, Schultz is still expected to testify in front of a Senate panel on March 29 about the company’s alleged union-busting activity.

In September, Schultz told CNBC that he’s never planning on coming back as Starbucks’ chief executive again.

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Investors have been putting pressure on the company to make sure that never happens. On Thursday, shareholders will vote on a proposal from SOC Investment Group, which represents pension funds sponsored by unions, that would require the Starbucks board to start succession planning at least three years in advance.



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