A judge overseeing a much-scrutinized defamation trial brought by Dominion Voting Systems against Fox News and its corporate parent has admonished attorneys for the media company several times this week in preliminary hearings and suggested Wednesday he may appoint an outside monitor to ensure Fox isn’t withholding evidence.
Judge Eric M. David of Delaware’s Superior Court suggested Wednesday that he might appoint a special master to probe whether Fox lied about withholding evidence after Dominion attorneys made a presentation about materials not given to them in the discovery process that they believe are warranted. Among those cited are recordings made by Abby Grossberg, a former Fox News producer who has been fired from the outlet in the wake of her filing a suit against Fox saying her testimony regarding Dominion had been coerced by the company’s attorneys. Grossberg recently said in a filing that she had recorded conversations with Trump attorneys Rudy Giuliani, Sidney Powell and others — some of the people who have floated false conspiracy theories that are at the center of the trial.
There were also claims made that Fox Corp. declined to acknowledge that Rupert Murdoch, executive chairman of Fox Corp., was also an officer of Fox News — a detail that would affect what kinds of materials Dominion could obtain.
Murdoch took on the executive chairman role at Fox News in 2016 after the outlet’s former leader, Roger Ailes, was ousted following claims of sexual harassment. If he has given up the title subsequently, Murdoch has never acknowledged doing so publicly.
On Wednesday, Judge David said the issue of disclosure was “serious,” according to press reports, and discussed the idea of appointing a special master, or outside attorney, to examine Fox’s handling of the discovery process. The judge also said if further discovery was warranted for Dominion, Fox would have to pay for all related costs.
A Dominion spokeswoman said the company declined to comment.
“Rupert Murdoch has been listed as executive chairman of Fox News in our SEC filings since 2019 and this filing was referenced by Dominion’s own attorney during his deposition,” Fox said in a statement on Tuesday. On Wednesday, Fox said that it “produced the supplemental information from Ms. Grossberg when we first learned it.”
At issue in the case are damages Dominion alleges it is owed after Fox News aired false claims about its actions and influence on the 2020 election. It is the second legal proceeding made against Fox News for its coverage of the aftermath of the 2020 race for the White House. Smartmatic, a separate voting technology company, has filed a massive $2.7 billion suit against Fox News. Both suits allege that Fox News personalies falsely claimed on air the companies had rigged the election, repeated items about the matter and then refused to engage in efforts to set the record straight. The 2020 election was not fixed and its results were certified by multiple legal processes.
After a jury selection process later this week, the trial is expected to begin in earnest on Monday. Among those who may have to testify are Fox News anchors and hosts such as Dana Perino, Bret Baier, Tucker Carlson, Sean Hannity and Maria Bartiromo. Fox News CEO Suzanne Scott and Fox Corp. Executive Chairman Murdoch and his son, Fox Corp. CEO Lachlan Murdoch, may also appear at the trial, which is expected to be conducted over the next few weeks.
