Could Rupert Murdoch testify in Wilmington over Fox News airing of election 'lies'?
Editor’s note: This story has been updated to clarify the trial date. Jury selection is April 13, and the trial begins April 17.
A Delaware judge on Tuesday said he can potentially compel Rupert Murdoch, the controversial and influential chair of Fox Corp., to testify in an upcoming defamation trial regarding accused lies perpetuated by Fox News.
During a Tuesday status hearing on Dominion Voting Systems' $1.6 billion defamation lawsuit against Fox News and its parent company, New Castle County Superior Court Judge Eric Davis told attorneys for both parties that case law is clear in granting him authority to compel corporate officers like Murdoch to the witness stand.
He also batted down potential excuses for Murdoch, who is 92 years old, to avoid the witness stand. He noted he had a letter claiming that Murdoch had COVID-19, has no knowledge of the facts pertinent to the case and would otherwise be inconvenienced by a trip to Wilmington.
Davis referenced statements apparently made as part of Murdoch's recent engagement announcement in which he and his fiancée said they look forward to traveling between residences in New York, California, Montana and London.
"That doesn't sound like someone that can't go from New York to Wilmington," Davis said.
Attorneys for Fox Corp. sought to clarify that they didn't mean to imply Murdoch was too infirm to travel. Instead, they said there would be "no reason" for him to testify in front of a jury as he has already sat for a seven-hour deposition in the case.
Davis said there are other aspects of the case, including whether it will go to trial, that he must decide before a debate over whether he will compel specific witnesses to testify.
Tuesday's three-hour hearing will be one in a series ahead of a scheduled April 17 trial date in which attorneys hash out largely technical questions dealing with the mechanics of the trial. Here's a rundown of things to know:
What's the lawsuit about?
Dominion, a Denver-based voting machine manufacturer, claims Fox recklessly amplified lies from supporters of former President Donald Trump, lies that blamed Dominion voting machines for Trump's election loss.
The company sued Fox News and its parent company Fox Corp for defamation in New Castle County's Superior Court in 2021. The lawsuit claims that Fox News knowingly aired false allegations about Dominion "because the lies were good for Fox's business."
Dominion claims the lies led to its employees being harassed and "irreparable economic harm" to the once-obscure company.
In defense, Fox officials have argued they were simply reporting allegations made by newsworthy figures without reporting the allegations were true. They argue the company is protected by the First Amendment and a reasonable viewer would know that on-air personalities did not present allegations regarding Dominion as fact.
Dominion has to prove that Fox knowingly published false information about the voting machine company or recklessly disregarded information showing that the claims were not true in order for the court to award damages from the media company.
What's gone on so far?
An example of how Dominion intends to prove its case was presented during a pretrial hearing earlier this month. Arguing that Fox executives knowingly allowed false information to be disseminated, lawyers pointed to the deposition of David Clark, a Fox News executive in charge of weekend programming.
Clark testified that he did not believe the election was rigged. Yet Dominion lawyers argued that their evidence shows Clark allowed hosts of shows he oversaw to book Trump lawyers Sidney Powell and Rudy Giuliani as guests, even watching pretape footage that featured these claims.
There has also been a steady flood of revealing text messages and deposition testimony showing the underpinnings of Fox's conservative influence machine and what the company brands as news programming.
Court filings in the case have evidenced other Fox News' on-air personalities and executives did not believe some claims, but allowed them air time regardless.
Court filings have revealed how some of Fox's biggest on-air Trump cheerleaders harbor a personal disdain for the former president.
Recent court filings in a separate, but related lawsuit filed by a former Fox News producer claim that the network pressured her to give misleading testimony during her deposition in the Dominion case.
What happened Tuesday?
Tuesday's hearing largely dealt with the mechanical aspects of trial, the composition of the jury and specific rules regarding how information will be presented to that jury. Arguments included:
How much information attorneys have to share about which witnesses they intend to call at trial.
How deposition information in lieu of live testimony will be presented to the jury.
What types of questions the attorneys will be able to ask certain witnesses.
How many potential jurors each side could strike and how many alternate jurors would be selected.
How attorneys for the Fox defendants have objected to every one of the exhibits Dominion attorneys have said they intend to present at trial.
Objections by Fox News to the public disclosure of informational slides previously presented during a court hearing earlier this month.
What's next?
Two weeks ago, both sides spent two days making arguments to Davis, the judge, seeking for him to rule in their favor without a trial, which is scheduled for April 17.
Davis has not indicated when he might rule on those motions so for now the trial is on track for some six weeks of trial testimony in Wilmington's King Street courthouse next month.
Why Delaware?
The blockbuster lawsuit could affect public discourse, journalism and Republican's primary television mouthpiece permanently. So why is the conflict being litigated in a courthouse in little old Wilmington?
It's because both Dominion and the Fox defendants are each Delaware corporations. And it is the latest big-ticket legal fight to occur in Delaware for that reason. Billion-dollar disputes involving CBS Corp., Facebook, Tesla and other major companies have all come through Delaware in recent years.
Read More:
Local litigation: A Delaware judge will decide if the $1.6 billion Fox News defamation lawsuit goes to trial
'My Pillow' guy lawsuit: Dominion Voting Systems sues MyPillow CEO Mike Lindell
Court filings: 'Shockingly reckless': Fox News hosts privately shot down Trump's 'big lie' over election fraud
Fact check: What's true about the 2020 election, vote counting, Electoral College
This article originally appeared on Delaware News Journal: What's new in Dominion-Fox News defamation case in Delaware
