Fox Dominion lawsuit - live: Settlement rumours loom over start of trial after abrupt delay

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Dominion Voting Systems and Fox News were reportedly locked in settlement negotiations on Monday, after the $1.6bn defamation trial was abruptly delayed for 24 hours.

But there is no sign yet of the parties reaching an agreement that would prevent Fox’s owner Rupert Murdoch and high-profile anchors from being forced to testify.

Judge Eric Davis said the 24-hour delay was “not unusual” and indicated jurors would be sworn in Tuesday in comments to the court on Monday morning.

He did not give a reason for the delay, but multiple news outlets reported the delay was to allow time for a possible settlement to be reached.

Fox News is being sued for knowingly spreading false claims that Dominion’s voting systems manipulated the outcome of the 2020 presidential election.

Court filings leading up to the trial stitched together a much-larger picture of the Fox organisation, its decision making, and concerns over competition from other right-wing networks.

Meanwhile, Donald Trump called on Fox News to stand by his election fraud lies to weaken Dominion’s arguments in an early morning Truth Social post on Monday.

Key points

  • Dominion vs Fox News defamation trial suddenly delayed

  • Fox News said to be seeking settlement to avoid trial

  • Will the Fox vs Dominion trial be televised?

  • Judge sanctions Fox News over trial disclosures

  • Why the right-wing network is on trial

  • Fox News and Rupert Murdoch: The damning Dominion revelations

Fox says it has provided 14,300 documents to Dominion

22:03 , Bevan Hurley

In a new filing on Monday afternoon, Fox News has argued that it has provided 14,300 documents to Dominon Voting Machines as part of the discovery process.

Fox has been accused by Dominion of failing to hand over relevant documents in the case, and earned a severe rebuke from Judge Eric Davis last week.

Fox argues that it has been forthcoming, and did hand over anchor Maria Bartiromo’s personal emails and audio recordings from her show.

CBS News’ Scott MacFarlane posted on Twitter that the court was closing for the day, and there was no sign on the court docket of possible settlement.

Fox News plans to fight Dominion’s defamation case by pointing finger at Trump and other ‘defamers’

21:40 , Bevan Hurley

In a court filing on Sunday, Fox News indicated it would cast blame on Donald Trump and other right-wing networks as it seeks to defend a $1.6bn defamation case brought by Dominion Voting Machines.

Alex Woodward reports from Wilmington, Delaware.

Fox News plans to fight Dominion’s defamation case by pointing finger at Trump

‘It’s not so mysterious’

21:10 , Bevan Hurley

Legal analyst Harry Litman believes the momentum is likely moving towards a settlement between Fox News and Dominion Voting Machines in their $1.6bn defamation trial.

“In my experience, when there is a last minute postponement to talk settlement, the parties are all oriented in that direction, (and) the momentum in favour of a settlement in principle grows strong,” he wrote in a Twitter post on Monday.

“It’s not so mysterious. Most likely they lawyers went to the judge and said we’re having serious settlement discussions and the judge asked if a day delay would be fruitful (i.e., were they near a settlement in principle) and they reported back yes.”

Judge delays start of Fox News defamation trial hours before high-profile hearing begins

20:40 , Bevan Hurley

A judge delayed the start of the highly-anticipated Fox News defamation trial by 24 hours, just hours before it was due to begin.

The delay was reportedly ordered so Fox and Dominion Voting Machines could negotiate a potential settlement in the $1.6bn lawsuit.

On Monday, Judge Eric Davis told the court that the delay had been his decision, and did not provide any further information.

Alex Woodward is in Wilmington, Delaware, covering the case for The Independent.

Judge delays start of Fox News defamation trial

Fox News plans to fight Dominion’s defamation case by pointing finger at Trump and other ‘defamers’

20:10 , Bevan Hurley

In a court filing on Sunday, Fox News indicates it will cast blame on Donald Trump and other right-wing networks as it seeks to defend a $1.6bn defamation case.

Alex Woodward reports from Wilmington, Delaware.

Fox News plans to fight Dominion’s defamation case by pointing finger at Trump

Trump says Fox News should stand by his election lies to weaken Dominion lawsuit

19:40 , Bevan Hurley

Donald Trump suggested Fox News should stand by his election fraud lies to weaken Dominion Voting System’s arguments as the two gear up to go to trial.

The former president took to Truth Social in the early hours of Monday and posted in all caps: “If Fox would finally admit that there was large scale cheating & irregularities in the 2020 presidential election, which would be a good thing for them, & for America, the case against them, which should not have existed at all, would be greatly weakened.”

He added: “Back up those patriots at Fox instead of throwing them under the bus - & they are right! There is sooo much proof, like mass ballot stuffing caught on government cameras, FBI colluding with Twitter & Facebook, state legislatures not used, etc.”

Ariana Baio has the story.

Trump says Fox News should stand by his election lies to weaken Dominion’s lawsuit

Is Fox News about to pay the price for its 2020 election lies?

19:15 , Bevan Hurley

In the aftermath of the 2020 presidential election, the most-watched cable news network in the US gave Donald Trumpand his allies a platform for their false claims that it was rigged against him.

At the centre of many election lies, conspiracy theories and the former president’s spurious legal challenges to reverse the outcome was Dominion Voting Systems – a voting machine company baselessly accused of flipping votes.

Those claims were aired uncritically on Fox News.

Those claims were false, a judge has determined.

Alex Woodward reports on what’s at stake in the Fox-Dominion defamation trial.

Will Fox News pay the price for giving a platform to Trump’s election lies?

‘PLEASE Dominion --- Do not settle with Fox!’

18:50 , Bevan Hurley

Gretchen Carlson has implored Dominion Voting Machines not to settle its defamation case against Fox News before trial.

The former Fox News anchor sued the then-CEO Roger Ailes for sexual harassment in 2016, before signing a non-disclosure agreement with its parent company.

“PLEASE Dominion --- Do not settle with Fox! You’re about to prove something very big,” Ms Carlson wrote on Twitter, after reports began emerging that discussions were being held to settle the case before trial.

Potential jurors quizzed over impartiality

18:30 , Bevan Hurley

Jury selection began in the Fox-Dominion defamation trial on Thursday, with potential jurors being handed a list of questions to weed out any with possible biases.

A panel of 12 jurors and six alternates are due to be sworn in on Tuesday morning.

According to NBC News, among the questions they were asked were:

  • Do you personally know any employees of Dominion or Fox, or have you ever been employed by or otherwise had any connection with either of these parties?

  • Do you personally know, or do you have any opinion on, any of the following persons who may be identified at trial? Mike Lindell, Rudy Giuliani, Sidney Powell.

  • Have you or a family member or a close friend ever worked in a newsroom?

  • Do you avoid any Fox News programs, on television or any other social media, and if so, would this affect your ability to be fair and impartial?

Fox News apologises to judge presiding over Dominion case

18:10 , Bevan Hurley

Fox News’ attorneys have apologised to the judge presiding over the $1.6bn Dominion Voting Machines defamation trial after misleading statements about Ruper Murdoch’s role at the company.

In a letter to the court, Blake Rohrbacher called the situation a “misunderstanding” and said that they “understand the Court’s concerns, apologise, and are committed to clear and full communication with the Court moving forward”.

Judge Eric Davis imposed a sanction last week against the network after it made “misrepresentations” to the court about Mr Murdoch’s role as an officer at Fox News.

Full story below.

Fox News apologizes to judge presiding over Dominion lawsuit

Has Fox News got cold feet?

17:50 , Bevan Hurley

CNN legal commentator Elie Honig said that Fox News would be desperate to avoid their primetime hosts being called to testify in the Dominion defamation trial.

Speaking on Sunday, as a court in Delaware announced the trial would be delayed for one day, the former federal prosecutor said “there’s something about being on the eve of trial that can really sober up both parties.”

“Look at it from Fox’s point of view: they’re looking at the likelihood — if there’s a trial — of having all of their, or many of their, most prominent anchors have to take the stand, testify and get cross-examined. You can understand why they would be hit by reality at the last moment, say, ‘We need to avoid this,’” Mr Honig said.

He added that Dominion “has a very strong case here for defamation.”

Rupert Murdoch is likely be called to testify in the Dominion defamation trial (Associated Press)
Rupert Murdoch is likely be called to testify in the Dominion defamation trial (Associated Press)

Audio reveals Rudy Giuliani and Trump campaign had no evidence to back up Dominion claims

17:30 , Bevan Hurley

Audio released by MSNBC includes Rudy Giulani privately admitting to Fox News personality Maria Bartiromo that he knew little about Dominion Voting Systems and had difficulty defending false claims that the company was involved with election fraud.

Recordings aired by the network on 12 April also include audio from a Donald Trump campaign official stating that a review from Georgia’s top election official did not discover any physical issues with Dominion machines.

The release of the audio comes at the start of a trial against the networkstemming from a $1.6bn defamation lawsuit from Dominion, which has accused the network and its leadership of spreading false claims and baseless conspiracy theories about the company’s role in the 2020 presidential election.

Alex Woodward has the story.

Giuliani and Trump campaign had no evidence for Dominion claims, recordings reveal

Will Fox News settle the Dominion defamation lawsuit? First Amendment experts aren’t so sure

17:15 , Bevan Hurley

On the eve of the Fox-Dominion defamation trial, Alex Woodward spoke to First Amendment experts to gauge whether the right-wing network would seek to settle the case out of court.

Will Fox News settle with Dominion? First Amendment experts aren’t so sure

Will the Fox vs Dominion trial be televised?

17:03 , Bevan Hurley

A procession of top Fox News anchors and executives are expected to be called to testify in the $1.6bn Dominion Voting Machine defamation trial in Delaware, leading to intense media interest in the trial.

However, any hopes that the trial would be televised were scuttled last week when Judge Eric Davis ruled that video and audio broadcasts would not be permitted.

In denying denied the request by a coalition of media organisations for that access, Judge Davis ensured that Tucker Carlson, Sean Hannity and Rupert Murdoch could testify without their every remark being beamed into living rooms and spliced for social media.

“I have gone as far as I can go with respect to access,” he said on Thursday.

On Monday, a long line of reporters queued outside the court. Judge Davis told the court that he was expecting the trial to get underway on Tuesday, despite reports that the parties were in settlement negotiations.

The Independent’s Alex Woodward, reporting from Delaware, notes that the room where Judge Davis is presiding fits about 200 people.

There is a media overflow room where there will either be audio or video for reporters to view only.

Sean Hannity is one of a host of high profile Fox News employees expected to testify at the Dominion defamation trial. (2023 Invision)
Sean Hannity is one of a host of high profile Fox News employees expected to testify at the Dominion defamation trial. (2023 Invision)

Fox plans to point the finger at Trump and other right-wing networks

16:50 , Bevan Hurley

In a Sunday night filing, Fox said its attorneys may “introduce evidence that others (including President Trump) made similar claims about Dominion for purposes of rebutting Dominion’s malice case.”

Fox also could present “evidence of ‘other defamers’ for purposes of contesting causation,” according to the filing.

Fox’s attorneys plan to blame its right-wing rivals, according to a new filing (AP)
Fox’s attorneys plan to blame its right-wing rivals, according to a new filing (AP)

Is Fox News about to pay the price for its 2020 election lies?

16:30 , Bevan Hurley

In the aftermath of the 2020 presidential election, the most-watched cable news network in the US gave Donald Trumpand his allies a platform for their false claims that it was rigged against him.

At the centre of many election lies, conspiracy theories and the former president’s spurious legal challenges to reverse the outcome was Dominion Voting Systems – a voting machine company baselessly accused of flipping votes.

Those claims were aired uncritically on Fox News.

Those claims were false, a judge has determined.

Alex Woodward reports on what’s at stake in the Fox-Dominion defamation trial.

Will Fox News pay the price for giving a platform to Trump’s election lies?

Trump says Fox News should stand by his election lies to weaken Dominion lawsuit

16:10 , Bevan Hurley

Donald Trump suggested Fox News should stand by his election fraud lies to weaken Dominion Voting System’s arguments as the two gear up to go to trial.

The former president took to Truth Social in the early hours of Monday and posted in all caps: “If Fox would finally admit that there was large scale cheating & irregularities in the 2020 presidential election, which would be a good thing for them, & for America, the case against them, which should not have existed at all, would be greatly weakened.”

He added: “Back up those patriots at Fox instead of throwing them under the bus - & they are right! There is sooo much proof, like mass ballot stuffing caught on government cameras, FBI colluding with Twitter & Facebook, state legislatures not used, etc.”

Ariana Baio has the story.

Trump says Fox News should stand by his election lies to weaken Dominion’s lawsuit

Why might Dominion choose to settle?

15:50 , Bevan Hurley

Litigation specialist Bradley Moss with an explanation on why Dominion might choose to settle the defamation case with Fox News, rather than go to trial.

“For those asking why Dominion might settle, there are at least three things to remember:

1) non-trivial chance the pre-trial rulings get reversed on appeal and the whole thing is tossed;

2) trials are a wild card; and

3) if they can accomplish their primary goals, why not?”

Fox News plans to fight Dominion’s defamation case by pointing finger at Trump and other ‘defamers’

15:30 , Bevan Hurley

In a court filing on Sunday, Fox News indicates it will cast blame on Donald Trump and other right-wing networks as it seeks to defend a $1.6bn defamation case.

Alex Woodward reports from Wilmington, Delaware.

Fox News plans to fight Dominion’s defamation case by pointing finger at Trump

‘It’s not so mysterious’

15:10 , Bevan Hurley

Legal analyst Harry Litman believes the momentum is likely moving towards a settlement between Fox News and Dominion Voting Machines in their $1.6bn defamation trial.

“In my experience, when there is a last minute postponement to talk settlement, the parties are all oriented in that direction, (and) the momentum in favour of a settlement in principle grows strong,” he wrote in a Twitter post on Monday.

“It’s not so mysterious. Most likely they lawyers went to the judge and said we’re having serious settlement discussions and the judge asked if a day delay would be fruitful (i.e., were they near a settlement in principle) and they reported back yes.”

'PLEASE Dominion --- Do not settle with Fox!’

14:50 , Bevan Hurley

Former Fox News host Gretchen Carlson has implored Dominion Voting Machines not to settle its defamation case against Fox News before trial.

The former anchor sued the then-Fox News CEO Roger Ailes for sexual harassment in 2016, before signing a non-disclosure agreement with its parent company.

“PLEASE Dominion --- Do not settle with Fox! You're about to prove something very big,” Ms Carlson wrote on Twitter, after reports began emerging that discussions were being held to settle the case before trial.

Trump falsely claims Dominion’s lawsuit would be ‘weakened’ if Fox News stands by his election lies

14:30 , Rachel Sharp

Donald Trump is also weighing in on Fox News’ defamation case with Dominion Voting Systems.

In an early morning Truth Social post on Monday, the former president falsely claimed Dominion’s lawsuit would be “weakened” if the network stands by his 2020 presidential election lies.

“IF FOX WOULD FINALLY ADMIT THAT THERE WAS LARGE SCALE CHEATING & IRREGULARITIES IN THE 2020 PRESIDENTIAL ELECTION, WHICH WOULD BE A GOOD THING FOR THEM, & FOR AMERICA, THE CASE AGAINST THEM, WHICH SHOULD NOT HAVE EXISTED AT ALL, WOULD BE GREATLY WEAKENED. BACK UP THOSE PATRIOTS AT FOX INSTEAD OF THROWING THEM UNDER THE BUS - & THEY ARE RIGHT! THERE IS SOOO MUCH PROOF, LIKE MASS BALLOT STUFFING CAUGHT ON GOVERNMENT CAMERAS, FBI COLLUDING WITH TWITTER & FACEBOOK, STATE LEGISLATURES NOT USED, etc.” he wrote.

Dominion Voting Systems high-profile $1.6bn defamation trial against Fox News was due to begin on Monday but was suddenly delayed on Sunday night.

Multiple reports have stated that Fox News is pushing to settle the case before it goes to trial with lawyers for the two sides expected to meet on Monday.

The media empire has been defending the company and its Fox Corporation parent from allegations that they defamed the voting machine company by spreading false claims that its systems manipulated the 2020 presidential election’s outcome to ensure Donald Trump’s loss.

Court filings leading up to the trial stitched together a much-larger picture of the Fox organisation, its decision making, and its concerns over declining viewership with competition from other right-wing networks that indulged the former president’s conspiracy theories. Fox News has argued it had an obligation to cover newsworthy allegations and that the lawsuit poses a threat to press freedoms.

Trial due to begin Tuesday, judge says: 24 hour delay ‘not unusual’

14:20 , Bevan Hurley

The Independent’s Alex Woodward with an update from Delaware.

Judge Eric Davis has instructed jurors to return to Delaware Superior Court tomorrow at the same time after he announced a one-day delay to the closely watched trial involving a defamation case from Dominion against Fox News.

“This is not a press conference,” he said in brief remarks from the bench.

“This is not unusual,” he added, nothing that the timing for the trial is already built in at six weeks.

He said he has never had a trial longer than two weeks that has not had any delays.

Potential jurors will be brought in 12 at a time tomorrow morning “until we fill that number, and we’ll go from there,” he said.

Jurors have been instructed not to research the case.

What the Dominion lawsuit has revealed so far: Murdoch tells Fox CEO to ‘help any way we can’ in Georgia

14:10 , Rachel Sharp

The mogul emailed Ms Scott on 16 November with a link to an article in The Wall Street Journal about Fox’s rival network Newsmax.

“These people should be watched, if sceptically,” he told her, before advising her to devote coverage to the Georgia Senate runoff and the promotion of GOP candidates Kelly Loeffler and David Perdue, both of whom would ultimately lose to Democratic candidates Raphael Warnock and Jon Ossoff.

Mr Murdoch continued: “Trump will concede eventually and we should concentrate on Georgia, helping any way we can. We don’t want to antagonise Trump further, but [Rudy] Giuliani taken with a large grain of salt. Everything at stake here.”

What the Dominion lawsuit has revealed so far: Mike Lindell’s gift

13:50 , Rachel Sharp

MyPillow founder and prominent election fraud conspiracy theorist Mike Lindell quickly emerged as one of the most passionate proponents of the false narrative that the election was stolen from Mr Trump as he made appearances on rival right-wing media networks.

Fox News appeared to grow anxious when Mr Lindell criticised the network during an interview with Newsmax.

Ms Scott duly sent him a gift with a handwritten note, hoping to win him over, documents allege.

What the Dominion lawsuit has revealed so far: Tucker Carlson’s request

13:30 , Rachel Sharp

In a message purportedly sent to a group chat including Ms Ingraham and Mr Hannity on 12 November, Mr Carlson pointed out a tweet from the network’s White House correspondent Jacqui Heinrich in which she fact-checked a post by Mr Trump alleging voter fraud, pointing out that “top election infrastructure officials” had declared: “There is no evidence that any voting system deleted or lost votes, changed votes or was in any way compromised.”

Mr Carlson reacted by saying: “Please get her fired. Seriously… What the f***? I’m actually shocked… It needs to stop tonight immediately, like tonight.

“It’s immeasurably hurting the company. The stock price is down. Not a joke.”

Reporters line up outside Delaware courthouse

13:21 , Alex Woodward

Reporters are lining up outside a courtroom in Delaware Superior Court where the judge presiding over the Dominion v Fox News case is expected to announce that the trial will be delayed until tomorrow.

He made a brief written announcement last night, hours before the trial was set to begin.

The Wall Street Journal reported that the parties are expected to meet to discuss a settlement to avoid the trial, which has been months in the making after Dominion filed its lawsuit in 2021.

It is unclear whether the trial will continue as scheduled, though there are still some jury issues to wrap up before opening arguments can begin.

The Independent’s Alex Woodward is reporting on the ground in Delaware

What the Dominion lawsuit has revealed so far: Anchors livid over Arizona call

13:10 , Rachel Sharp

Fox’s high-profile anchors privately bemoaned the network’s biggest election night call, according to the filing, with Mr Hannity complaining in a text on 12 November 2020: “In one week and one debate they destroyed a brand that took 25 years to build and the damage is incalculable.”

He later allegedly told Fox and Friends host Steve Doocy: “You don’t p*** off the base.”

Mr Carlson told him, “I’ve heard from angry viewers every hour of the day all weekend, including at dinner tonight”, to which Mr Hannity responded: “Same same same. Never before has this ever happened.”

On election night, Mr Kushner called Mr Murdoch saying, “This is terrible,” according to a filing from Dominion.

“And I could hear Trump’s voice in the background shouting,” according to Mr Murdoch, quoted in the filing.

“And I said, ‘Well, the numbers are the numbers,’” the filing stated.

Mr Murdoch and Fox leadership met days after Election Day over concerns of “mounting viewer backlash to Fox” after the network correctly predicted that Mr Biden won Arizona, but the network agreed to air “wild claims” that the election was stolen from Mr Trump while “positive impressions of Fox News” among its viewers “dropped precipitously after Election Day to the lowest levels” the network had seen.

At one point, Mr Murdoch suggested that longtime Fox News vice president Bill Sammon should be “[let] go right away” over the Arizona race call, despite its accuracy, to send “a big message with Trump people”, according to court documents.

What the Dominion lawsuit has revealed so far: Murdoch provided Kushner with information on Biden campaign

12:50 , Rachel Sharp

The veteran mogul allegedly provided Mr Trump’s son-in-law and senior adviser, Jared Kushner, with “confidential information about Biden’s ads, along with debate strategy (providing Mr Kushner a preview of Mr Biden’s ads before they were public),” according to a filing from Dominion.

Mr Murdoch, questioned under oath, initially denied providing a preview an ad until he was shown an email in which he told Mr Kushner that he “will send it,” according to deposition exceprts.

“Do you think it is appropriate for someone in your position to give a heads up to the opposing campaign about what the ad of the opposing campaign will show before it is public?” Dominion lawyer Justin Nelson, said during the deposition.

“I was trying to help Mr Kushner,” Mr Murdoch said. “He’s a friend of mine.”

What the Dominion lawsuit has revealed so far: Murdoch’s confession

12:30 , Rachel Sharp

The chair of the conservative media empire said that hosts including Mr Hannity, Maria Bartiromo, Lou Dobbs and Jeanine Pirro “endorsed at times this false notion of a stolen election”, claims that the former president and his allies continue to amplify as he seeks re-election to office in 2024.

“I would have liked us to be stronger in denouncing it in hindsight,” Mr Murdoch said in a sworn deposition, according to court documents.

In sworn questioning by lawyers for Dominion, Mr Murdoch was asked whether he believes “that the 2020 presidential election was free and fair.”

“Yes,” he replied. “The election was not stolen.”

In a 19 November 2020 email to an associate, Mr Murdoch wrote that Mr Trump’s “stupid and damaging” fraud claims made him “increasingly mad” and a “danger” as president.

“Apparently not sleeping and bouncing off walls! Don’t know about Melania, but kids no help,” Mr Murdoch wrote.

What the Dominion lawsuit has revealed so far: Tucker Carlson ‘passionately’ hated Trump

12:10 , Rachel Sharp

Days before the attack on the US Capitol on 6 January, 2021, Mr Tucker Carlson texted with an unknown Fox employee to say that he “can’t wait” to stop covering the soon-to-be former president.

“We are very, very close to being able to ignore Trump most nights,” he wrote on 4 January, according to court documents. “I truly can’t wait.”

He added: “I hate him passionately.”

“We’re all pretending we’ve got a lot to show for it, because admitting what a disaster it’s been is too tough to digest,” he said. “But come on. There really isn’t an upside to Trump.”

How Rupert Murdoch’s relationship with Jared Kushner boosted Trump’s campaign

11:50 , Rachel Sharp

A defamation lawsuit against Fox News alleges a tight relationship between right-wing media mogul Rupert Murdoch and Donald Trump’s campaign while the now-former president’s allies and attorneys frequently appeared on the network to promote his baseless narrative that the 2020 presidential election was rigged against him.

Court documents with uncovered emails and sworn depositions in the case have revealed Mr Murdoch providing Jared Kushner, Mr Trump’s son-in-law and a senior White House adviser, with what allegedly amounted to campaign advice, magnifying the network’s intially-reluctant alliance with the former president.

Mr Murdoch, the executive chairman of the Fox Corporation, admitted in a sworn deposition that he gave Mr Kushner a preview of a campaign advert from then-candidate Joe Biden’s campaign and appeared to offer him debate strategy to pass along to Mr Trump.

“Do you think it is appropriate for someone in your position to give a heads up to the opposing campaign about what the ad of the opposing campaign will show before it is public?” an attorney for voting machine company Dominion Voting Systems asked Mr Murdoch, according to court filings.

“I was trying to help Mr Kushner,” Mr Murdoch said. “He’s a friend of mine.”

Read the full repory from The Independent’s Alex Woodward:

How Rupert Murdoch’s relationship with Jared Kushner boosted Trump’s campaign

LISTEN: Bombshell 2020 recording captures Rudy Giuliani admitting there is no evidence of fraud from Dominion machines

11:33 , Rachel Sharp

Fox News gave Trump’s 2020 election lies a platform. Is the right-wing network about to pay the price?

11:11 , Rachel Sharp

In the aftermath of the 2020 presidential election, the most-watched cable news network in the US gave Donald Trump and his allies a platform for their false claims that it was rigged against him.

At the centre of many election lies, conspiracy theories and the former president’s spurious legal challenges to reverse the outcome was Dominion Voting Systems – a voting machine company baselessly accused of flipping votes.

Those claims were aired uncritically on Fox News.

Those claims were false, a judge has determined.

And further, many of the network’s top on-air personalities, producers and executive leadership at Fox Corporation knew that, including right-wing media mogul Rupert Murdoch and Tucker Carlson, the most-watched host on the most-watched network.

The Independent’s Alex Woodward reports from Delaware:

Will Fox News pay the price for giving a platform to Trump’s election lies?

Fox News sanctioned for withholding records

10:45 , Shweta Sharma

Judge Eric Davis last week sanctioned Fox News for withholding evidence, rebuking the network’s lawyers for not being “straightforward with him”.

It was after Dominion Voting System’s attorney said Fox’s lawyers had not turned over evidence in a timely manner.

The evidence included recordings of Rudy Giuliani, former US president Donald Trump’s lawyer, saying in pre-taped Fox appearances that he did not have any evidence to back up the false allegations of election rigging by Dominion in the 2020 race that are at the heart of the lawsuit.

The recordings were made by a former Fox employee who is currently suing the network.

Judge Davis said he would also very likely tap an outside investigator to probe Fox’s late disclosure of the evidence and take whatever steps necessary to remedy the situation, which he described as troubling.

'Systemic chauvinism’: Tucker Carlson producer alleges culture of misogyny at Fox News

10:30 , Shweta Sharma

The day before a key hearing in the network’s legal battle with a voting machine company suing Fox News for defamation, a pair of lawsuits from a female producer at the network alleges that Fox fosters a “toxic workplace” where the “truth remains a fugitive,” depicting an environment where women are routinely verbally violated “by a poisonous and entrenched patriarchy.”

A federal lawsuit filed on 20 March from a producer forTucker Carlson Tonight describes a workplace that “subjugates women based on vile sexist stereotypes, typecasts religious minorities and belittles their traditions, and demonstrates little to no regard for those suffering from mental illness.”

Abby Grossberg’s lawsuits allege a litany of sexist remarks aimed at Fox News personality Maria Bartiromo from male colleagues (“crazy,” “menopausal,” “hysterical, “disgusting and difficult to manage”) and derogatory behaviour and comments aimed at other women, including political figures and female colleagues.

Lawsuits from Tucker Carlson producer depict culture of ‘systemic chauvinism’ at Fox

‘I was trying to help’: How Rupert Murdoch’s relationship with Jared Kushner boosted Trump’s campaign

10:20 , Shweta Sharma

A defamation lawsuit against Fox News alleges a tight relationship between right-wing media mogul Rupert Murdoch and Donald Trump’s campaign while the now-former president’s allies and attorneys frequently appeared on the network to promote his baseless narrative that the 2020 presidential election was rigged against him.

Court documents with uncovered emails and sworn depositions in the case have revealed Mr Murdoch providing Jared Kushner, Mr Trump’s son-in-law and a senior White House adviser, with what allegedly amounted to campaign advice, magnifying the network’s initially-reluctant alliance with the former president.

Mr Murdoch, the executive chairman of the Fox Corporation, admitted in a sworn deposition that he gave Mr Kushner a preview of a campaign advert from then-candidate Joe Biden’s campaign and appeared to offer him a debate strategy to pass along to Mr Trump.

How Rupert Murdoch’s relationship with Jared Kushner boosted Trump’s campaign

Audio reveals Rudy Giuliani and Trump campaign had no evidence to back up Dominion claims

10:10 , Shweta Sharma

Audio released by MSNBC includes Rudy Giuliani privately admitting to Fox News personality Maria Bartiromo that he knew little about Dominion Voting Systems and had difficulty defending false claims that the company was involved with election fraud.

Recordings aired by the network on 12 April also include audio from a Donald Trump campaign official stating that a review from Georgia’s top election official did not discover any physical issues with Dominion machines.

The first recording includes an off-air conversation between Mr Giuliani and Ms Bartiromo on 8 November, 2020, just days after Mr Trump’s loss to Joe Biden in that year’s election.

“I’m going to be asking you for as much evidence as you can tell us about these lawsuits. Whatever you can tell us in terms of evidence would be really helpful,” Ms Bartiromo said, according to the recording.

“I can tell you exactly what we have,” Mr Giuliani replied.

He admitted that providing evidence about Dominion’s software to defend statements about the company is “a little harder.”

Mr Giuliani also said he “can’t prove” that now-former House Speaker Nancy Pelosi had an interest in Dominion.

Why has the Dominion vs Fox News defamation trial been abruptly delayed?

10:00 , Rachel Sharp

Neither Dominion Voting Systems nor Fox News have publicly commented on the sudden delay to their high-stakes defamation trial.

And the judge also offered no explanation in the court’s statement announcing the delay.

However, multiple reports have revealed that Fox News is pushing to settle the case before it goes to trial, after court documents about the case have already proven an embarrassment to the network and its executives and top hosts.

Sources told the Wall Street Journal that the Rupert Murdoch-owned network report made a last-minute attempt to settle the case out of court on Sunday.

While the paper was first to report the settlement talks, Reuters and The Washington Post also reported on the matter.

Lawyers for the two sides are scheduled to meet on Monday to discuss a possible settlement, according to the Post.

Will Fox News settle the Dominion defamation lawsuit? First Amendment experts aren’t so sure

09:30 , Shweta Sharma

Private communications made public in a defamation lawsuit against Fox News revealed some of the network’s top stars and executives acknowledging baseless conspiracy theories surrounding the 2020 presidential election.

The $1.6bn lawsuit from Dominion Voting Systems, the company at the centre of bogus on-air statements from Donald Trump’s allies, argues that the right-wing media network knowingly presented false claims that energised competing networks that threatened Fox viewership.

Embarrassing and potentially reputation-damaging behind-the-scenes revelations, stitched together in Dominion’s sprawling case alleging a media empire that relies on lying to its audience, may be compelling evidence, but they are not necessarily enough to reach the high bar in a billion-dollar defamation case, according to legal analysts.

Will Fox News settle with Dominion? First Amendment experts aren’t so sure

Rupert Murdoch set to testify along with Tucker Carlson and others

08:33 , Shweta Sharma

Right-wing media mogul Rupert Murdoch along with a parade of Fox executives and on-air hosts, including Tucker Carlson, Sean Hannity and Jeanine Pirro are set to testify in the hearing of the case expected to start tomorrow.

The trial is one of the most closely-watched US defamation cases in years, involving leading cable news outlet Fox News with numerous conservative commentators.

Dominion Voting Systems has accused Fox of ruining its reputation by airing baseless claims that its machines secretly changed votes in favour of Democrat Joe Biden, who defeated then-president Donald Trump in the 2020 presidential election.

Dominion is asking for $1.6bn in damages, a figure Fox has said is unrealistic and based on flawed economic modelling.

Delaware Superior Court Judge Eric Davis last week said he will not stand in the way of potential subpoenas for Mr Murdoch and his son and Fox Corporation CEO Lachlan Murdoch, board of directors member Paul Ryan and other executives, who must appear at the courthouse if summoned.

“They are relevant to the case,” Judge Davis said during a hearing on 5 April, according to CNN. “If Dominion wants to bring them live, they need to issue a trial subpoena, and I would not quash it. Both parties have made these witnesses very relevant.”

Fox News, Rupert Murdoch and backstage Trump whispers: The damning Dominion revelations

07:30 , Shweta Sharma

The right-wing media giant Fox News is facing a $1.6bn defamation lawsuit from Dominion Voting Systems, a Denver-based manufacturer of voting machines, over the network’s coverage of the 2020 presidential election and Donald Trump’s bogus claims that the contest was “rigged”.

In a 192-page court filing published on 16 February containing private messages from many of the network’s biggest stars, Dominion argues: “From the top down, Fox knew ‘the Dominion stuff’ was ‘total bs’.”

“Yet despite knowing the truth – or at minimum, recklessly disregarding that truth – Fox spread and endorsed these ‘outlandish voter fraud claims’ about Dominion even as it internally recognised the lies as ‘crazy’, ‘absurd’ and ‘shockingly reckless’,” the filing said.

Read everything you need to know about the lawsuit.

Fox News, the Murdochs and backstage Trump whispers: The damning Dominion revelations

Dominion defamation trial delayed as Fox News ‘seeks settlement’

06:37 , Shweta Sharma

The beginning of the most closely-watched US defamation case in years brought, by Dominion Voting Systems against Fox News, has been pushed back by a day.

A source familiar with the matter said Fox was pursuing settlement talks with the company which makes electronic voting machines.

Dominion has sued Fox Corp and Fox News for $1.6bn defamation over the network’s coverage of the 2020 presidential election.

“The court has decided to continue the start of the trial, including jury selection, until Tuesday, 18 April 2023 at 9.00am (1pm GMT),” Judge Eric Davis said in a statement last night.

The judge did not provide a reason for the delay.

“I will make such an announcement tomorrow at 9.00am in Courtroom 7E,” he added.

Judge Davis had said on Thursday he expected to conclude jury selection on Monday and to proceed to opening statements.

Dominion and Fox declined to comment on the delay.

06:04 , Shweta Sharma

Welcome to The Independent’s coverage of Dominion Voting Systems’ lawsuit against Fox News on Monday.