Katie Robertson, a media reporter for The New York Times, was in court in Wilmington, Del., when Fox News and Dominion Voting Systems agreed to settle for a staggering $787.5 million.
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The first sign that things were amiss came Sunday evening, the day before what was supposed to be the most high-profile media defamation trial in decades was set to begin.
I was eating dinner with a few New York Times colleagues at a hotel restaurant close to the courthouse in Wilmington, Del., where Fox News was facing a defamation lawsuit filed by Dominion Voting Systems. We, along with journalists from what seemed like every media outlet in the country, and more than a few from overseas, had expected to spend the next six weeks writing articles on the trial.
But around 8 p.m., we received an email from the Delaware Superior Court. It said Judge Eric M. Davis had decided to delay the trial’s start by a day, though it offered no reasons for the move.
While one of my Times colleagues fielded calls from our editors, the rest of us tried to riddle out the cause of the delay. Was Fox about to settle, or was a commonplace court issue at play? At the restaurant, we spotted a couple of lawyers for Dominion. They were casually drinking by the hotel bar, seemingly unbothered by the turn of events.
Fox News was on trial for defaming Dominion by linking its voting technology to a vast conspiracy of fraud in the 2020 presidential election. But the trial was about more than that.
Some saw it as a chance for accountability for the lies about a stolen election, pushed by former President Donald J. Trump. The trial touched on questions about a divided country and the role the media plays in those divisions, about echo chambers and the distortion of facts, about how a country operates as a democracy in an age of misinformation.
It was also a test of First Amendment protections for the press, placing some libel experts in a curious position: cheering on a case against a media company when they were typically the first to warn of the dangers of such a thing.
Media reporters at The Times had covered the lead-up to the trial since the lawsuit was filed in March 2021. Since January, I had pored over hundreds of pages of exhibits and attended numerous pretrial hearings. I’d gone back and forth from Wilmington enough times to warn my colleagues which hotels to avoid.
Since the judge would not allow filming or recording inside the court, the Media team at The Times had planned to provide readers with real-time updates of the trial with a daily newsletter and a live blog.
We were expecting to see some high-profile witnesses testify, too — including Rupert Murdoch, the 92-year-old head of the Murdoch media empire that owns Fox News, and a few of the network’s top-rated hosts. A tent had been erected at the back of the courthouse to shield some of the witnesses when they entered and exited. (A source told me the tent had been set up by the Delaware Capitol Police after Fox told the court that some of its witnesses had received threats.)
Two days after the judge’s announcement, on Tuesday morning, we watched the jury selection. My colleagues Jeremy Peters and Jim Rutenberg were in the main courtroom, where reporters were allowed to have laptops only for taking notes; they weren’t allowed to use the internet. I watched the proceedings from an overflow room next door, where I was able to connect to the internet and report live updates on the proceedings.
After a lunch break, lawyers for Dominion and Fox were ready to give their opening statements. The minutes, though, ticked by — no judge or jury had entered the courtroom. After about two hours of waiting, we saw the lawyers speaking quietly on their cellphones and occasionally ducking into the judge’s chambers for brief, private meetings.
Then Judge Davis came out and addressed the court: “The parties have resolved the case.” It was all over before it began.
Journalists scrambled to try to catch the lawyers as they were leaving. Fox’s legal team didn’t make any comments, but Dominion’s lead lawyers set up an impromptu news conference in front of the courthouse and told us the details of the settlement.
Fox had agreed to pay a staggering $787.5 million and acknowledged the court’s ruling that certain claims it had made about Dominion were false. Defamation cases are almost always settled before they get to trial. That we had gotten this far was a wonder in itself, but the settlement still caught me somewhat by surprise — and upended our carefully laid coverage plans.
Still, Dominion’s case provided a rare glimpse into the inner workings of a news empire that I had reported on for years. I started my career in journalism as a reporter for an Australian tabloid newspaper owned by Mr. Murdoch. The way the Murdochs, and especially Rupert, run their hugely influential media operations across the world has long interested me, from my inside view in Perth, Australia, to my current role years later covering the media industry from The Times’s Manhattan headquarters.
The Dominion case revealed hundreds of emails, texts and internal messages between Fox hosts and executives that showed they hadn’t believed what they were telling their viewers. Those filings presented a challenge, too. Many pages of depositions and messages were heavily redacted, and The Times, along with NPR and The Associated Press, hired a lawyer to challenge the legality of those redactions.
The settlement was also not the end of the story: On Monday, Fox News dropped the bombshell that it was parting ways with Tucker Carlson, its most popular prime time host, a signal that the Murdochs were making changes in the wake of the lawsuit and a move I had not expected.
We are still calling, emailing and talking with sources to figure out which shoe will drop next, and when. One of the most difficult aspects of my job as a reporter who covers the news media is sifting through volumes of gossipy chatter (from sources, in my inbox and on social media) to find the truth. But experience on the beat and an understanding of Murdoch Kremlinology go a long way in discerning who is credible and who is not.
Source: Elections - nytimes.com
