Via American Action News:

The far-left is using the coronavirus pandemic as the latest excuse to destroy Fox News. This time left-wing activists are using a coordinated strategy to allege that Fox offered viewers dangerously misleading information about the virus that cost lives.

The latest campaign against Fox has culminated in a consumer protection and emotional distress lawsuit filed on April 2 by the Washington League for Increased Transparency and Ethics (WASHLITE). 

To the untrained eye, it appeared WASHLITE enjoyed every advantage in the case. The activist organization filed the suit in King County Washington, the bluest county in a deep blue state. 

Public records showed Judge Ken Schuber, who oversaw the proceedings, donated to and received support from liberal groups.

However, WASHLITE has since successfully disqualified Judge Schuber from the case, reaffirming the consensus that everyone involved with the case knows it has no chance of success.
Per Law&Crime:

In a court document entitled an “affidavit of prejudice,” WASHLITE’s attorney, Elizabeth Hallock, states only as follows: “I believe that a fair and impartial hearing cannot be heard before the Hon. Judge Schubert, Judge of the above case.” In an email to Law&Crime, Hallock acknowledged that her affidavit was not required under state law and noted, legally, that “[d]isqualifying one judge under that statute is automatic.”

The judge, Hon. Ken Schubert, agreed Thursday afternoon to have the case reassigned, but took a swipe at Hallock’s affidavit through this footnote:

“Plaintiff submitted an affidavit wherein her counsel swears under penalty of perjury that a ‘fair and impartial trial’ in this case cannot be had before this Court. As of July 23, 2017, [state law] no longer requires a party seeking to disqualify a judge to file an affidavit or make such assertions.”

The judge the plaintiffs successfully disqualified generally hears criminal matters. His biography states that he was previously a chief civil judge, and he has been on the bench since 2013. Judges run for office in nonpartisan elections in Washington State, but a Law&Crime review of election expenditures from Schubert’s 2012 election committee shows payments to Northwest Passage Consulting, a group which states on its homepage that it tends to work with Democrats and progressives. Schubert reportedly ran unopposed in 2016 and did not report expenditures. Hallock, the plaintiff’s attorney, is running for governor of Washington on the Green Party ticket according to news reports and her campaign website.

It seems unlikely that WASHLITE will find a much more sympathetic judge.

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