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Dominion defamation lawsuit against Fox News heads to trial


A jury trial is set to begin April 17 to determine if Fox News defamed Dominion Voting Systems by claiming the company rigged the 2020 elections. In late March, Delaware Superior Court Judge Eric Davis denied a judgment on the alleged defamation. However, he did rule that Fox’s claims about Dominion were false, stating, “the evidence developed in this civil proceeding demonstrates that [it] is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true.”

Fox News had maintained its broadcasts were protected by the First Amendment. However, Davis barred the network from using some potential arguments, including “neutral report privilege,” “fair report privilege,” and “opinion privilege.”

This is a setback for Fox News after depositions and text messages exposed executives and hosts knew they were broadcasting false information.

For instance, much of that false information came from Trump attorney Sidney Powell. Powell had sent Fox host Maria Bartiromo an email with her source of the election fraud claims before their interview on Nov. 8. Bartiromo later testified that it was “nonsense” and “inherently unreliable.”

Fox News had tried to get Fox Corporation Chairman Rupert Murdoch excused from traveling to Delaware to testify in court. Davis, citing a letter that claimed it would be an inconvenience, said Murdoch was “hardly infirm.” The judge also pointed out that the 92-year-old was recently engaged and had travel plans to visit his various homes. Attorneys replied, saying Murdoch had already completed seven hours of deposition. Ultimately, Davis ruled that Murdoch could be compelled to testify.

According to Fox, the network’s Tucker Carlson, Sean Hannity and Maria Bartiromo will be available to testify.

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SHANNON LONGWORTH: DID FOX NEWS DEFAME DOMINION VOTING SYSTEMS WITH ITS CLAIMS THAT THE COMPANY RIGGED THE 2020 ELECTIONS?

THAT’S FOR A JURY TO DECIDE.

WHILE DELAWARE SUPERIOR COURT JUDGE ERIC DAVIS DENIED A JUDGMENT ON THE ALLEGED DEFAMATION, PUSHING IT TO A JURY TRIAL…HE *DID* RULE THAT FOX’S CLAIMS ABOUT DOMINION WERE FALSE, SAYING,

“THE EVIDENCE DEVELOPED IN THIS CIVIL PROCEEDING DEMONSTRATES THAT IS CRYSTAL CLEAR THAT NONE OF THE STATEMENTS RELATING TO DOMINION ABOUT THE 2020 ELECTION ARE TRUE.”

MARIA BARTIROMO: “SIDNEY, WE TALKED ABOUT THE DOMINION SOFTWARE. I KNOW THAT THERE WERE VOTING IRREGULARITIES. TELL ME ABOUT THAT.”

JEANINE PIRRO: “WHY WAS THERE AN OVERNIGHT POPPING OF THE VOTE TABULATION THAT CANNOT BE EXPLAINED FOR BIDEN?”

SIDNEY POWELL: “THEY USED THE MACHINES TO TRASH LARGE BATCHES OF VOTES THAT SHOULD HAVE BEEN AWARDED TO PRESIDENT TRUMP. THEY USED THE MACHINES TO INJECT AND ADD MASSIVE QUANTITIES OF VOTES FOR MR. BIDEN.”

WHILE FOX MAINTAINED ITS BROADCASTS WERE PROTECTED BY THE FIRST AMENDMENT…

DAVIS BARRED THE NETWORK FROM USING SOME POTENTIAL ARGUMENTS, INCLUDING “NEUTRAL REPORT PRIVILEGE,” WHICH PROTECTS OUTLETS PUBLISHING NEWSWORTHY ALLEGATIONS IN AN UNBIASED WAY AND “FAIR REPORT PRIVILEGE,” WHICH PROTECTS THOSE PUBLISHING INFORMATION FROM OFFICIAL PROCEEDINGS OR DOCUMENTS.

DAVIS ALSO SAID THE NETWORK COULDN’T USE “OPINION PRIVILEGE”–THAT PROTECTS PURE OPINION CONTENT. DAVIS WROTE, “IT APPEARS OXYMORONIC TO CALL THE STATEMENTS ‘OPINIONS’ WHILE ALSO ASSERTING THE STATEMENTS ARE NEWSWORTHY ALLEGATIONS AND/OR SUBSTANTIALLY ACCURATE REPORTS OF OFFICIAL PROCEEDINGS.”

THIS IS ALL A SETBACK FOR FOX NEWS, AFTER THE DEPOSITIONS AND TEXT MESSAGES REVEALED EXECUTIVES AND HOSTS KNEW THEY WERE BROADCASTING FALSE INFORMATION.

FOR EXAMPLE, MUCH OF THAT FALSE INFORMATION CAME FROM TRUMP ATTORNEY, SIDNEY POWELL. POWELL HAD SENT FOX HOST MARIA BARTIROMO AN EMAIL WITH HER SOURCE OF THE ELECTION FRAUD CLAIMS BEFORE THEIR INTERVIEW ON NOVEMBER 8…

AND BARTIROMO LATER TESTIFIED THAT IT WAS “NONSENSE” AND “INHERENTLY UNRELIABLE.”

THE NETWORK’S LAWYERS TRIED TO GET FOX CORP. CHAIRMAN RUPERT MURDOCH EXCUSED FROM TRAVELING TO DELAWARE TO TESTIFY IN COURT. DAVIS, CITING A LETTER THAT CLAIMED IT WOULD BE AN INCONVENIENCE, SAID MURDOCH WAS “HARDLY INFIRM.” AND POINTED OUT THAT THE 92-YEAR-OLD WAS RECENTLY ENGAGED AND HAD TRAVEL PLANS TO VISIT HIS VARIOUS HOMES.

ATTORNEYS REPLIED, SAYING MURDOCH HAD ALREADY COMPLETED SEVEN HOURS OF DEPOSITION.

ULTIMATELY, DAVIS RULED THAT MURDOCH CAN BE COMPELLED TO TESTIFY. AND, ACCORDING TO FOX, TUCKER CARLSON, SEAN HANNITY, AND MARIA BARTIROMO WILL BE AVAILABLE TO TESTIFY.

THE TRIAL IS SET TO BEGIN APRIL 17TH.