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Court sanctions Fox News for withholding evidence in defamation case

Fox News has been sanctioned by the judge overseeing Dominion Voting Systems’ lawsuit against the network.

• April 13, 2023
FOX NEWS
FOX NEWS

Fox News has been sanctioned by the judge overseeing Dominion Voting Systems’ lawsuit against the network.

The judge who reprimanded the network’s attorneys for not being “straightforward” also said that he would likely launch an investigation into whether Fox’s legal team withheld information on purpose.

The reprimand was given after Dominion’s defamation lawyers disclosed a number of instances where Fox attorneys had failed to timely turn over evidence in support of their client’s claims. 

Dominion’s attorney said the recordings of former President Donald Trump’s attorneys Sidney Powell and Rudy Giuliani’s conversation with Fox News host Maria Bartiromo were only recently turned over for scrutiny.

Judge Eric M. Davis of the Delaware Superior Court imposed the penalty on Fox, stating that if Dominion had to conduct additional depositions or redo any, Fox would be required to “do everything they can to make the person available, and it will be at a cost to Fox.”

Mr Davis added that the court might appoint a special master, or external attorney, to look into how Fox handled document discovery and if the company had improperly hidden information concerning the extent of Rupert Murdoch’s engagement.

Fox had maintained that Mr Murdoch and Fox Corporation, the parent business, should not be involved in the case, arguing that Mr Murdoch, the chair, and other top officials had nothing to do with managing Fox News since Dominion filed its lawsuit in early 2021. 

But Fox recently revealed to Dominion that Mr Murdoch worked as a corporate officer for Fox News.

Voting technology provider Dominion alleged Fox and several of the network’s executives and commentators had tarnished its reputation by associating it with a hoax plot to rig the 2020 presidential election. 

As the then-president and his lawyers and supporters assured Fox’s hosts and producers that they would prove their charges in court, Fox claimed it was merely reporting noteworthy allegations.

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