Judge slaps Fox News with special master to determine if it withheld critical Dominion evidence
Brad Reed
April 12, 2023,
A judge on Wednesday said that he would appoint a special master tasked with determining whether Fox News withheld crucial evidence in the defamation lawsuit filed by Dominion Voting Systems.
CNN reports that Delaware Superior Court Judge Eric Davis on Wednesday repeatedly expressed "exasperation and frustration" with Fox News' attorneys while lawyers representing Dominion delivered a presentation alleging that they did not receive all of the information they should have during the discovery process.
"I am very concerned... that there have been misrepresentations to the court," Davis said. "This is very serious."
In addition to examining whether Fox News properly handed over all relevant information as part of discovery, Davis said that the special master would also look into Fox made "untrue or negligent" statements to the court when it argued that Fox Corporation founder Rupert Murdoch didn't have any formal role at Fox News.
Although Fox attorney Dan Webb insisted that "nobody intentionally withheld information" related to the case, Judge Davis nonetheless said he was "very uncomfortable" with Fox's actions and ordered them to preserve "any and all communications" it had related to Murdoch's role at Fox.
The trial in Dominion's $1.6 billion lawsuit against Fox News is due to begin next week.
'No good, very bad day for Fox': Legal expert says judge is 'losing confidence' in truthfulness
Matthew Chapman
April 12, 2023
A state judge in Delaware on Wednesday dealt a massive blow to Fox News in the $1.6 billion defamation suit brought by Dominion Voting Systems, accusing the network's legal team of misrepresenting facts and withholding evidence, and appointing a special master to determine the extent of the misconduct.
This is a devastating setback for Fox, argued CNN analyst Oliver Darcy on "OutFront" — and it worsens its legal prospects in the trial, which is scheduled to start with jury selection this week.
"So another dramatic day in court, I think we should say," said anchor Erica Hill. "What else happened today?"
"There's no way to cut it other than to say this was a no good, very bad day for Fox News in court on the eve of this $1.6 billion trial," said Darcy. "Jury selection, as you said, is slated to start tomorrow. The judge is really losing confidence in Fox, and he thinks at this point that it's possible they misled the court and withheld evidence. Like you said, he's going to be appointing a special master to investigate that."
Should that special master find evidence that Fox and its legal team did deliberately mislead the court, Darcy continued, "it will spell very bad news for the company in the trial."
"This case is supposed to start on Monday with opening arguments, and Fox is not in a great position," said Darcy. "They're saying, of course, that they weren't intentionally withholding evidence. But the judge saying in court, he is very concerned, he says. This is very serious, and he says this is very — he's very uncomfortable right now. Not the way you really want to go into $1.6 billion defamation case."
In addition to denying they withheld evidence, Fox News maintains its news coverage of the 2020 presidential election was not in any way defamatory of Dominion.
April 12, 2023,
A judge on Wednesday said that he would appoint a special master tasked with determining whether Fox News withheld crucial evidence in the defamation lawsuit filed by Dominion Voting Systems.
CNN reports that Delaware Superior Court Judge Eric Davis on Wednesday repeatedly expressed "exasperation and frustration" with Fox News' attorneys while lawyers representing Dominion delivered a presentation alleging that they did not receive all of the information they should have during the discovery process.
"I am very concerned... that there have been misrepresentations to the court," Davis said. "This is very serious."
In addition to examining whether Fox News properly handed over all relevant information as part of discovery, Davis said that the special master would also look into Fox made "untrue or negligent" statements to the court when it argued that Fox Corporation founder Rupert Murdoch didn't have any formal role at Fox News.
Although Fox attorney Dan Webb insisted that "nobody intentionally withheld information" related to the case, Judge Davis nonetheless said he was "very uncomfortable" with Fox's actions and ordered them to preserve "any and all communications" it had related to Murdoch's role at Fox.
The trial in Dominion's $1.6 billion lawsuit against Fox News is due to begin next week.
Matthew Chapman
April 12, 2023
A state judge in Delaware on Wednesday dealt a massive blow to Fox News in the $1.6 billion defamation suit brought by Dominion Voting Systems, accusing the network's legal team of misrepresenting facts and withholding evidence, and appointing a special master to determine the extent of the misconduct.
This is a devastating setback for Fox, argued CNN analyst Oliver Darcy on "OutFront" — and it worsens its legal prospects in the trial, which is scheduled to start with jury selection this week.
"So another dramatic day in court, I think we should say," said anchor Erica Hill. "What else happened today?"
"There's no way to cut it other than to say this was a no good, very bad day for Fox News in court on the eve of this $1.6 billion trial," said Darcy. "Jury selection, as you said, is slated to start tomorrow. The judge is really losing confidence in Fox, and he thinks at this point that it's possible they misled the court and withheld evidence. Like you said, he's going to be appointing a special master to investigate that."
Should that special master find evidence that Fox and its legal team did deliberately mislead the court, Darcy continued, "it will spell very bad news for the company in the trial."
"This case is supposed to start on Monday with opening arguments, and Fox is not in a great position," said Darcy. "They're saying, of course, that they weren't intentionally withholding evidence. But the judge saying in court, he is very concerned, he says. This is very serious, and he says this is very — he's very uncomfortable right now. Not the way you really want to go into $1.6 billion defamation case."
In addition to denying they withheld evidence, Fox News maintains its news coverage of the 2020 presidential election was not in any way defamatory of Dominion.
'They're on thin ice': NY Times reporter reveals Fox News' perilous position
Sarah K. Burris
April 12, 2023
Rupert Murdoch's interest in Time Warner fuels industry speculation
New York Times reporter Jeremy Peters has been in the courtroom watching the Dominion Voting Systems defamation case against Fox News, and he said it's becoming clear the network's lawyers "are on thin ice."
In a debate with the other panelists, MSNBC host Nicolle Wallace questioned why Fox News hasn't settled with Dominion.
"Every day, more damaging stuff comes out," Palm Beach County State Attorney Dave Aronberg said. "How many times do you have to step on a rake before you get hurt? I think they haven't settled because they'd have to go on the air every 30 minutes and say, 'We were wrong. The election was not stolen. Go on with your day.' They are so worried about losing their audience with Newsmax. They'd rather go down with a sinking ship than make those admissions."
Peters explained that he heard Fox is already focusing on an appeal because they assume they're going to lose. Meanwhile, Dominion isn't going to settle without a public apology. Something like that might destroy the network, though.
"That's where executives are looking because they realize that it's going to be a tough case for them to win in Delaware," he explained. "They also — that's exactly right, this point about having to apologize, Dominion wants not only a lot of money from Fox but they want an apology. They want an acknowledgment from Fox that it was wrong to report what it did about voter fraud and its machines. They are not going to get that absent some major, major change in thinking inside Fox that I'm just unaware of."
"I'm not even aware of any kind of discussions taking place around that. So this case, I think, is going to be with us for a while. And it's just the lack of a settlement so far is just one more way that is so extraordinary. You just don't see cases like this go to trial. You don't see cases like this where there are reams of damning evidence that points to actual malice in the way that there is in this case, so this one is one for the books."
Sarah K. Burris
April 12, 2023
Rupert Murdoch's interest in Time Warner fuels industry speculation
New York Times reporter Jeremy Peters has been in the courtroom watching the Dominion Voting Systems defamation case against Fox News, and he said it's becoming clear the network's lawyers "are on thin ice."
In a debate with the other panelists, MSNBC host Nicolle Wallace questioned why Fox News hasn't settled with Dominion.
"Every day, more damaging stuff comes out," Palm Beach County State Attorney Dave Aronberg said. "How many times do you have to step on a rake before you get hurt? I think they haven't settled because they'd have to go on the air every 30 minutes and say, 'We were wrong. The election was not stolen. Go on with your day.' They are so worried about losing their audience with Newsmax. They'd rather go down with a sinking ship than make those admissions."
Peters explained that he heard Fox is already focusing on an appeal because they assume they're going to lose. Meanwhile, Dominion isn't going to settle without a public apology. Something like that might destroy the network, though.
"That's where executives are looking because they realize that it's going to be a tough case for them to win in Delaware," he explained. "They also — that's exactly right, this point about having to apologize, Dominion wants not only a lot of money from Fox but they want an apology. They want an acknowledgment from Fox that it was wrong to report what it did about voter fraud and its machines. They are not going to get that absent some major, major change in thinking inside Fox that I'm just unaware of."
"I'm not even aware of any kind of discussions taking place around that. So this case, I think, is going to be with us for a while. And it's just the lack of a settlement so far is just one more way that is so extraordinary. You just don't see cases like this go to trial. You don't see cases like this where there are reams of damning evidence that points to actual malice in the way that there is in this case, so this one is one for the books."
Maria Bartiromo joined Fox News in 2014 after a 20-year run at CNBC.
(Fox News)
STAFF WRITER
APRIL 12, 2023
Fox News was cited for “discovery misconduct” by the judge in the $1.6-billion defamation case filed by Dominion Voting Systems after he learned that recorded conversations with former President Donald Trump’s attorneys were not turned over as evidence.
The potentially significant revelation that such tapes exists — which could affect the upcoming trial — came to light in a revised legal complaint filed Tuesday by Abby Grossberg, who worked as a producer for Fox anchor Maria Bartiromo.
Grossberg is suing the network for discrimination and wrongful termination.
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An excerpt of the tapes was played by Dominion attorney Davida Brook during a pretrial hearing Thursday in Delaware. Superior Court Judge Eric Davis said the recordings belonged as evidence and admonished Fox News attorneys for withholding the information. Davis said he is also considering the appointment of a special master to determine whether other relevant material has been withheld.
Dominion also can conduct another deposition with Fox News picking up the tab.
Fox News had no comment on the judge’s ruling. The company previously said it complied with the discovery obligations in the case.
Davis also entered into the record a recent NPR report that said Fox News chief political anchor Bret Baier proposed a special master to fact-check and debunk the voter fraud claims that had been spread by other programs on the network. The idea was not considered, according to the report, but there is no documentation in the evidence that shows it was discussed.
Fox News and Dominion are heading to trial on Monday. A jury will be asked to decide whether the network acted with malice when it presented the false allegations in the months after the 2020 election when Trump was promoting false claims of voter fraud as the reason for his loss to President Biden.
Grossberg said taped conversations with Trump ally Rudy Giuliani and lawyer Sidney Powell occurred before they appeared on the Nov. 15, 2020, edition of Bartiromo’s program “Sunday Morning Futures,” where the legal duo made false statements about voter fraud claims promoted by Trump. In one conversation, Giuliani acknowledges that he had little evidence to back up the claims he discussed on the program.
Giuliani is a target of a Georgia criminal investigation into possible illegal attempts by Trump and others to interfere in the 2020 general election in the state where Biden won by a slim margin. The former New York City mayor has denied any wrongdoing.
Grossberg said the recordings were on her mobile phone, which were taken by Fox News lawyers so that her texts and emails could be submitted as evidence last year ahead of her deposition testimony. Her complaint said the conversations were not included because they would hurt the network’s defense in the case.
“Fox News knew that these recordings went against its interests in relation to the claims in the Dominion Lawsuit, particularly with respect to proving actual malice, and therefore, upon information and belief, intentionally or recklessly withheld and/or failed to produce this damaging discovery,” the court filing said.
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Grossberg’s complaint, originally filed March 20, cites a recording made on or about Nov. 15, 2020, where Giuliani admitted to Bartiromo that the Trump campaign could not prove some of the allegations regarding Dominion. Giuliani and Powell had gone on “Sunday Morning Futures,” where they said the company’s machine used software that manipulated votes to rig the election for President Biden.
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The filing said that in the same recording, Bartiromo also questioned Powell before she taped an interview for the program.
“What’s most important and most compelling that you would like to — that you can get out this morning? Tell me. We’re not rolling yet,” Bartiromo said.
Powell presented nothing of substance and Bartiromo did not press her further.
Grossberg’s phone also contained a conversation with an official from the Trump campaign who said there was no evidence that there was any problem with the voting machines in Georgia. The official urged Bartiromo to discuss the Jan. 6, 2021, vote by Congress to certify the election and how it was the last chance to reverse the outcome in favor of Trump.
The Jan. 6 vote was interrupted by rioting Trump supporters who stormed the Capitol. Davis ruled Tuesday that Dominion attorneys cannot discuss the insurrection in their presentation.
The conversations were held in front of David Clark, the Fox News executive in charge of Bartiromo’s program at the time, and a control room full of staffers, according to the complaint.
Grossberg, who most recently worked for the Fox News show “Tucker Carlson Tonight,” was fired by Fox News after she filed her lawsuit. The company said she was free to make a legal claim but was in possession of privileged information and was not authorized to disclose it publicly. Once she did in her lawsuit, her employment ended.
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