In an upcoming trial, Dominion Voting Systems intends to call Fox News' top TV personalities as witnesses.
A court document indicates that Dominion has live witnesses from Fox Corp.'s right-wing TV networks, including Tucker Carlson, Sean Hannity, Maria Bartiromo, Jeanine Pirro, and former host Lou Dobbs.
Dominion has cited 20 broadcasts in which they say that anchors on Fox News and Fox Business repeatedly made bogus allegations of election fraud and frequently featured guests who did the same. Records, like text messages and emails, reveal Fox's TV hosts were dubious of the charges of electoral fraud presented on live.
Dominion filed a defamation complaint against Fox Corp. and its right-wing networks, claiming that its hosts propagated untrue allegations that the election's voting machines were manipulated in Donald Trump's loss to Joe Biden in 2020. Trump, who is vying for the presidency in 2024, has asserted that his victory was rigged on numerous occasions. Hundreds of his fans flooded the United States on January 6, 2021. Capitol in an effort to prevent Congress from endorsing Biden.
During a hearing on Tuesday, Dominion and Fox disagreed over the witnesses who might testify at the April trial and the procedure that will be followed.
Additionally, Dominion is asking that the trial include the depositions of various Fox Corp. executives, including Chairman Rupert Murdoch and CEO Lachlan Murdoch.
"Dominion's overly lengthy list of live witnesses is an effort to create headlines and divert attention from the numerous flaws in its case. The First Amendment safeguards of the media's unalienable freedom to report the news are at the heart of this case," a Fox spokesperson said in a statement on Tuesday.
The elder Murdoch is not being summoned to appear in person, but Fox had resisted the idea of him traveling to Delaware in April given that he had already testified for seven hours.
Fox couldn't have used hardship as a defense if Murdoch had been a witness, according to Judge Eric Davis on Tuesday, given that he recently got engaged and had talked about travel arrangements.
Although Dominion and Fox pleaded with Davis last week to rule without holding a trial the next month, the lawsuit must proceed as though a trial will take place. Davis said he will make a decision before the trial's planned start date of April 17. It is anticipated that a trial would go on for several weeks.
As the allegations were made on Fox's networks in the months that followed the election, Dominion argues that its business fell.
Fox has refuted the allegations and claimed that the First Amendment protects it.
As reams of evidence from both sides—including pages-long verbatim extracts of testimony from depositions, text messages, and emails—have been made public, the litigation has recently heated up.
Moreover, a former producer for Fox who worked on the Bartiromo and Carlson shows came up last week and claimed she was forced to give false testimony in the Dominion lawsuit.
Fox has also been charged with discrimination by Abby Grossberg, who brought legal actions against the network in Delaware and New York. Grossberg's attorneys claimed in court papers that she was dismissed by Fox in retaliation after her lawsuits became public last week.
While she cannot be forced to testify at the trial, Grossberg stated in court documents submitted on Monday that she would only willingly speak on behalf of Dominion.
On Tuesday, Dominion added Grossberg to its list of potential witnesses.
"Like most businesses, Fox News Media's attorneys engage in privileged discussions with our employees as appropriate to provide legal guidance," a Fox spokesman said when asked why the company decided to remove Grossberg. "Our lawyers informed Ms. Grossberg last week that while she was free to pursue any legal claims she desired, she was in possession of our protected material and was not permitted to make it public. We made it quite clear that Fox would take appropriate action, up to and including terminating her, if she disobeyed our directions. Ms. Grossberg chose to file her lawsuit without taking any action to protect the portions holding Fox's confidential information. Instead, she disregarded these conversations. We will keep zealously defending Fox against Ms. Grossberg's baseless legal claims, which are filled with unfounded accusations against Fox and our staff.”
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