On Wednesday, the judge overseeing Dominion Voting Systems’ defamation case against Fox News expressed interest in the responsibilities of executives like Rupert Murdoch to prevent known deceivers from appearing on their network.
According to CNN, the judge, Eric Davis of Delaware Superior Court, indicated he might compel Murdoch to testify. Dominion alleges that Murdoch knowingly allowed Fox News hosts to invite guests who would spread falsehoods about the 2020 election. Judge Davis repeatedly questioned a Fox News lawyer about the role of top executives in the editorial process, explicitly asking if Murdoch and others had the authority to prevent TV hosts from inviting guests who had a history of spreading election-related lies and were deemed “problematic.”
Erin Murphy, the representative for Fox News and its parent company, has argued that the Murdochs were not involved in the broadcasts where Dominion was potentially defamed. She maintained that the voting machine company had not provided sufficient evidence to prove that the Murdochs had a direct role in the matter. Therefore they cannot be held responsible.
Murphy emphasized to the judge that merely demonstrating the executives’ ability to intervene is insufficient. Instead, it is necessary to prove that the person who made the final decision acted maliciously.
The voting systems company is seeking a court order to compel Murdoch and his son, Fox Corporation CEO Lachlan Murdoch, to testify in the trial scheduled for next month. Fox is opposed to this request.
Although Judge Davis has not yet decided on witnesses, he acknowledged that Rupert Murdoch’s unique position at Fox Corporation could make him a required presence. He also stated that he might allow certain out-of-state witnesses to give live video-conferencing testimony, although he prefers live in-person testimony if possible.
After two days of pretrial hearings, the next stage is for Davis to rule on “summary judgment,” where both sides have argued that they should be declared the winner without a trial. Davis may issue his decision at any time, and jury selection is set to begin on April 13.
Dominion has filed a defamation lawsuit against Fox News and its parent company, Fox Corporation, seeking $1.6 billion in damages, alleging that they damaged its reputation by promoting the falsehood that it rigged the 2020 election to prevent Donald Trump from winning a second term. The Fox entities have denied any wrongdoing, expressed pride in their 2020 election coverage, and dismissed the $1.6 billion figure as grossly exaggerated.
Fox News has asserted that it is proud of its 2020 coverage and has suggested that Dominion’s lawsuit could undermine the First Amendment. Fox Corporation maintains that Dominion overstated its influence on Fox News’ editorial coverage and has sought to be removed from the case, but Davis rejected this motion.
