Voter Fraud (Election Fraud)

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      Why Fox News Had to Settle With Dominion

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      WILMINGTON, Del. — It is deeply disappointing that Fox News settled the defamation lawsuit brought by Dominion Voting Systems before Rupert Murdoch and his roster of celebrity propagandists had to testify. But it is not surprising. Fox News, after all, had no viable defense.On Tuesday, I arrived at Superior Court here at 7 a.m. to secure a seat for what I, like many others, hoped would be an epic trial about the falsehoods Fox aired after the 2020 election, when it accused Dominion and the voting technology company Smartmatic of perpetrating heinous voter fraud. Jury selection took all morning, and opening statements were scheduled for the afternoon.More than anything, I was curious about what Fox’s lawyers would say, because there seemed so little that they could say. Part of Fox’s sinister on-air brilliance is the way it encases its audience in a comprehensive alternative reality. But now, for once, the network would be forced to account for itself outside the right-wing bubble. How it would possibly do so was a matter of great suspense.Already, Eric Davis, the judge in the case, had ruled in Dominion’s favor on key issues. “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,” he wrote in a March 31 pretrial decision, a rare judicial use of all-caps bold italics. Fox’s statements, he ruled, constituted “defamation per se.”Davis prohibited Fox from arguing that the network was merely reporting on allegations made by Donald Trump and his lawyers, which Fox contended were newsworthy whether or not they were true. So the case would turn not on whether Fox had aired defamatory falsehoods, which Davis determined it had, but on whether, in airing defamatory falsehoods, Fox had displayed “actual malice” — essentially, reckless disregard for the truth.The evidence for such reckless disregard brought to light by Dominion’s lawyers during the discovery phase of the case was already overwhelming, and the trial promised more to come. A filing that Fox’s lawyers made last week demonstrated their predicament. In it, the attorneys laid out some of the points they planned to make in their opening argument, asking for “guidance from the court to ensure that it can make its opening statement without undue interruption and delay.” Those points looked a lot like an attempt by Fox to use a legal backdoor to smuggle in arguments that the judge had already forbidden.“To defend this case, Fox witnesses must be able to testify about the reasons why Fox covered the allegations on the air,” said the filing. “Fox witnesses will all testify that they covered the Dominion-related allegations because the allegations were part of the most newsworthy story of the day.” This, even though Davis had specifically ruled that this argument was invalid because, among other things, “the evidence does not support” the contention that Fox “conducted good-faith, disinterested reporting.”In order to defend Fox from a finding of actual malice, its lawyers seemed set on bringing Fox’s alternative reality into the courtroom, acting as if taking Trump and his attorneys at their word was a perfectly reasonable thing to do. Testimony and documentary evidence, Fox’s lawyers said in the filing, “will show that the president and the lawyers bringing the election fraud lawsuits continuously told Fox that they had evidence to support their claims and that they would be presenting that evidence to courts.” That, in turn, explains why the Fox hosts “did not know that the president’s allegations were false or harbor serious doubts about the truth of the allegations.”In other words, they can’t be blamed for treating the president of the United States as a reliable source.Responding to the filing, Davis refused to give Fox the green light it sought. If the network’s lawyers wanted to make the arguments that they were telegraphing, they would have to take their chances in front of the jury, and risk getting shut down. On Tuesday morning, Davis reminded the parties that they would not be able to make arguments “about things that I’ve ruled inadmissible.” I was waiting to hear what Fox’s lawyers were going to argue instead.But after lunch, the jury didn’t return, and Davis came back to the courtroom only briefly before beckoning some of the lawyers out. The hours ticked by while the journalist-filled audience grew increasingly restless. Courtroom protocol against texting or using the internet gradually collapsed. News broke that the judge had ordered a special master to investigate whether Fox had “complied with their discovery obligations.” (The network had previously been sanctioned for withholding evidence.) Rumors about a settlement buzzed through the room.At 4 p.m., the jury filed back in, and the judge confirmed that the trial was over before it began.Fox is paying Dominion $787.5 million, which appears to be one of the largest defamation settlements in history and is one that constitutes a humiliating admission of fault by the network, even though, as The New York Times’s Jim Rutenberg reported, the deal doesn’t require Fox to apologize. But the public will be deprived of seeing Murdoch, Sean Hannity, Tucker Carlson and several of their colleagues grilled on the stand, forced to reckon with the real world, unable to fall back on the dense lattice of misinformation that typically sustains Fox’s narratives.At least, the public will be deprived for now. Smartmatic is still suing Fox for $2.7 billion, though no trial date has been announced yet. “Dominion’s litigation exposed some of the misconduct and damage caused by Fox’s disinformation campaign,” Smartmatic lawyer J. Erik Connolly said in a statement on Tuesday. “Smartmatic will expose the rest.”I’m not sure I believe it — Fox has just shown the world what it’s willing to pay to avoid the unmasking. But reality isn’t done with Murdoch and the rest of them yet.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Fox Will Pay $787.5 Million to Settle Dominion Defamation Suit

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      The settlement with Dominion Voting Systems was the latest extraordinary twist in a case that exposed the inner workings of the most powerful voice in conservative news.Fox News abruptly agreed on Tuesday to pay $787.5 million to resolve a defamation suit filed by Dominion Voting Systems over the network’s promotion of misinformation about the 2020 election, averting a lengthy and embarrassing trial just as a packed courtroom was seated in anticipation of hearing opening statements.The settlement, one of the largest ever in a defamation case, was the latest extraordinary twist in a case that has been full of remarkable disclosures that exposed the inner workings of the most powerful voice in conservative news.In addition to the huge financial price, Dominion exacted a difficult admission from Fox News, which acknowledged in a statement that “certain claims” it made about Dominion were false.“The truth matters. Lies have consequences,” Justin Nelson, a lawyer for Dominion, said outside Delaware Superior Court on Tuesday.“Lies have consequences,” a lawyer for Dominion Voting Systems said during a news conference.Pete Marovich for The New York TimesNews of the 11th-hour agreement stunned the full courtroom in Wilmington, where the case was being heard. Gasps filled the air when Judge Eric M. Davis told the jury shortly before 4 p.m. that the two parties had resolved the matter. Lawyers for both sides had been preparing to speak to the jury for the first time, microphones clipped to their jacket lapels.The settlement spares Fox a trial that would have gone on for weeks and put many of the company’s most prominent figures — from the media mogul Rupert Murdoch to hosts like Tucker Carlson and Maria Bartiromo — on the stand.The case held the potential to make public a stream of damaging information about how the network told its audience a story of fraud and interference in the 2020 presidential election that many of its own executives and on-screen personalities did not believe. And the network was not forced to apologize — a concession that Dominion lawyers had sought, lawyers involved in the case said.Dominion sued two years ago, after Fox aired false stories claiming that Dominion’s voting machines were susceptible to hacking and had flipped votes from President Donald J. Trump to Joseph R. Biden Jr. On Tuesday, the company expressed a sense of exoneration about the large financial cost that Fox will have to pay. While Dominion’s suit asked for damages of $1.6 billion, almost double the settlement figure, the company will avoid many years of appeals that could have trimmed or eliminated any payout from a trial.“Over two years ago, a torrent of lies swept Dominion and election officials across America into an alternative universe of conspiracy theories causing grievous harm to Dominion and the country,” Mr. Nelson said. “Today’s settlement of $787.5 million represents vindication and accountability.”The case and the expected trial were significant because they raised the prospect for an elusive judgment in the post-Trump era: Very few allies of the former president’s have been held legally accountable for their roles in spreading the falsehoods that undermined confidence in the country’s democratic process and cast Mr. Biden’s victory as illegitimate. Polls show that large numbers of Republicans still believe the 2020 election was tainted.The size of the settlement, experts said, seems to have little precedent. RonNell Andersen Jones, a professor of law at the S.J. Quinney College of Law at the University of Utah, said she believed it was one of the largest settlements in a defamation case ever.“This was unquestionably the strongest defamation case we’ve ever seen against a major media company,” Ms. Andersen Jones said. The case was even more unusual, she added, because media companies typically seek to settle well before so much damaging information about their internal workings is released.A deal came together at the last possible minute, after months of almost no serious discussion between the two sides. As the case proceeded, Dominion divulged extraordinary details about the doubts that Fox employees expressed privately about voter fraud claims, even as they struck a different tone on the air.“Settlement before this trove of evidence became public would of course have been in Fox’s best interest,” Ms. Andersen Jones said. “Waiting until the eve of trial, when the whole nation had a chance to focus on what Fox said internally about Trump, its sources and its own viewers, gave Dominion the extra layer of accountability it was seeking.”It is uncommon for defamation suits to get to trial, in part because the bar for proving “actual malice” — the legal standard that requires plaintiffs to show that defendants knew what they were saying was a lie, or had a reckless disregard for the truth — is so high. It is rarer yet for one to feature the volume of evidence that Dominion had amassed against Fox.In the run-up to trial, Dominion publicly released reams of internal communications among Fox executives, hosts and producers that revealed how the country’s most-watched cable news network set in motion a strategy to win back viewers who had tuned out after Mr. Trump’s loss. The messages tell the story of a frantic scramble inside Fox as it started losing audience share to competitors, like Newsmax, that were more willing to report on and endorse false claims about a plot involving Dominion machines to steal the election from Mr. Trump.Producers referred to pro-Trump guests like Sidney Powell and Rudolph W. Giuliani as “gold” for ratings and acknowledged that the audience didn’t want to hear about subjects like the possibility of a peaceful transition from a Trump administration to a Biden administration.Those communications have shown how employees at Fox expressed serious doubts about and, at times, were scornful of Mr. Trump and his allies as they spread lies about voter fraud, questioning the legitimacy of Mr. Biden’s election. Some at Fox mocked Mr. Trump and his lawyers as “crazy” and under the influence of drugs like L.S.D. and magic mushrooms.Some Fox hosts privately described their colleagues as “reckless” for endorsing Mr. Trump’s false claims, acknowledging that there was “no evidence” to back them up. Yet for weeks, Fox continued to give a platform to election deniers, despite doubts about their credibility. Dominion challenged statements made on multiple programs on multiple nights. Typically, defamation cases involve only a single disputed statement.The trial would have been a spectacle. Mr. Murdoch, whose family controls the Fox media empire, was slated to be one of Dominion’s first witnesses this week. Star anchors including Sean Hannity, Mr. Carlson and Ms. Bartiromo were likely to be called at other points.Even the most blockbuster media trials of the last generation — Ariel Sharon’s suit against Time and Gen. William C. Westmoreland’s against CBS, both in the 1980s — lacked the most explosive elements of this case, which raised weighty questions about the protections the First Amendment affords the media and whether one of the most influential forces in conservative politics would have to pay a price for amplifying misinformation.Both of those cases were settled out of court, too.In recent days, Fox raised questions about Dominion’s claims of damages. On Monday, it disputed Dominion’s worth, pointing to a recent legal filing in which the company lowered part of its request for compensation. Fox lawyers also raised doubts about the harm that Dominion had suffered, saying the company acknowledged that it had turned a profit in recent years.But the potential pitfalls for proceeding with a trial were real for Fox. Some of the revelations from the depositions that Dominion had conducted offered a preview of how damaging a trial could be. Mr. Murdoch acknowledged during his deposition that some Fox hosts had “endorsed” Mr. Trump’s lies, an admission that undercut Fox’s defense that it was merely reporting on — not amplifying — the former president’s claims.After the deposition concluded, the general counsel of Fox Corporation, Viet Dinh, tried to reassure Mr. Murdoch that he had done well.“I’m just going to say it. They didn’t lay a finger on you,” Mr. Dinh said.Mr. Murdoch disagreed, according to a person who witnessed the exchange. He pointed a finger at the lawyer who had questioned him for Dominion, Mr. Nelson, and said, “I think he would strongly disagree with that.”To which Mr. Nelson replied, “Indeed, I do.” More

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      Fox-Dominion Trial Delayed: What to Know About the Company Behind the Lawsuit

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      Dominion, which is owned by a New York private equity firm, has accused the news network of spreading false narratives about its election technology.If not for the 2020 election, most people would not have heard of Dominion Voting Systems, an elections technology company that John Poulos started out of his basement in Canada more than two decades ago.But in the days and weeks after the election, former President Donald J. Trump and many of his allies accused the company of perpetrating election fraud. Dominion then filed a slew of defamation lawsuits against public figures and news networks, accusing them of spreading the false narratives and exposing its employees to harassment. The company’s case against Fox News is scheduled to go to trial this week. Judge Eric M. Davis, who is presiding over the case, said in a statement late on Sunday that he was delaying the trial by a day, until Tuesday. He did not cite a reason but said he would make an announcement Monday at 9 a.m.Here is what we know about the company, from its private equity owner in New York to its powerful perch in the nation’s elections industry.Dominion’s Early DaysDominion became one of the largest providers of election technology in the United States by selling, licensing and maintaining products such as its Democracy Suite software and ImageCast voting and tabulation machines. During the 2020 election, the company served 28 states, including many swing states, as well as Puerto Rico. Mr. Poulos, who has degrees in electrical engineering and business, incorporated Dominion in Toronto in 2003 with some friends after a stint in Silicon Valley. His sister was his first investor, followed by his parents and his friends’ parents. (Dominion declined to comment for this article.)The company is named after Canada’s 1920 Dominion Elections Act, which removed barriers to voting that had excluded women and voters of certain racial, religious or economic groups. Mr. Poulos’s business idea was to help people with disabilities, such as paralysis or blindness, cast their ballots as independently as possible while still leaving an auditable paper trail. Dominion incorporated accessible technology like audio readouts and large screens into election machines.The company scored its first American contract in 2009, providing voting technology to dozens of counties in New York. The next year, it moved its headquarters to Denver, where it now has several hundred employees.Private Equity OwnersStaple Street Capital, a private equity firm in New York, is the majority owner of Dominion. Mr. Poulos, Dominion’s chief executive, retains a roughly 12 percent stake. PennantPark Investment, a financial firm based in Miami, is another investor.Fox said in a legal filing that Staple Street paid $38.3 million in 2018 to acquire 76.2 percent of Dominion. At the time, the private equity firm valued the technology vendor at $80 million, or one-twentieth of the $1.6 billion in damages that Dominion had sought from Fox, according to Fox’s filing.Staple Street’s owners, Stephen D. Owens and Hootan Yaghoobzadeh, first worked together in 1998 on buyouts for the Carlyle Group, a private equity giant. (Their résumés also feature stints at Lehman Brothers and Cerberus Capital Management.) The firm’s board of directors includes a former chief executive of Dunkin’ Brands as well as a former chairman of the Federal Communications Commission and ambassador to the European Union.Staple Street declined to comment.On its website, Staple Street says it has $900 million of assets under management — mostly midsize companies such as a flower bulb distributor in New Jersey, an accounting and payroll reporting service popular with restaurant chains, a support organization for dental clinics and, at one point, the theme park operator Six Flags.Fox said in its filing that Mr. Yaghoobzadeh had authorized Dominion’s lawsuit against the network. The lawsuit, Fox said, is meant to generate publicity, deter negative reporting and “unjustly enrich” Staple Street.Fox cited discovery documents that it said showed Dominion “in a solid financial position, maintaining substantial cash, carrying no debt and producing a steady return on investment” to Staple Street. In 2021, Dominion paid full bonuses to its employees and executives and projected $98 million in revenue for 2022, Fox said.Last year, when asked whether he believed that Dominion was a “toxic” company after the 2020 election, Mr. Owens answered, “That’s correct.”A Business in FluxIn its complaint, which it filed in 2021, Dominion accused Fox of broadcasting lies that “deeply damaged” its “once-thriving” business, “one of the fastest-growing technology companies in North America” with a potential value of more than $1 billion.Shasta County, a rural area in Northern California that has become a hotbed for election denial, terminated its Dominion contract in January. Lawmakers in Montgomery County in Pennsylvania renewed a deal with Dominion for $518,052 in February, the same month that officials in Kern County, north of Los Angeles, narrowly approved a three-year, $672,948 contract after hours of heated debate.Dominion’s contracts with local and state governments typically last for several years and range from tens of thousands of dollars to more than $100 million, the company said in its complaint against Fox. The company estimated that misinformation about the company had cost it more than $600 million in profits.In an expert witness report submitted in the case late last year, Mark J. Hosfield, a managing director of the investment bank and advisory firm Stout, wrote that the false narratives had led Dominion to lose $88 million in profits from current and future opportunities. He also wrote that Fox’s coverage had caused the value of Dominion’s equity and debt to drop $920.8 million. Dominion’s renewal rate with clients had historically been 90 percent, he said.Fox has said the $1.6 billion that Dominion is seeking is “a staggering figure that has no factual support” and was “pulled out of thin air.” There has been no evidence of Dominion’s laying off employees, closing offices, defaulting on credit obligations or suffering canceled contracts as a result of Fox’s coverage, the network said.Fox said in other court filings last year that “Dominion’s calculations are riddled with mathematical overstatements” and losses misattributed to damaging news coverage, and that the company had beaten revenue forecasts that it set before the election.“Dominion’s lawsuit is a political crusade in search of a financial windfall, but the real cost would be cherished First Amendment rights,” Fox said in a statement.Dominion, in a statement said: “In the coming weeks, we will prove Fox spread lies causing enormous damage to Dominion. We look forward to trial.”An Important but Mysterious IndustryThe elections technology industry has few major players and offers little public information about its finances. Dominion is most likely the second-largest company of its kind operating in the United States, behind Election Systems & Software in Nebraska, according to Verified Voting, an election security nonprofit.Both companies, along with Hart InterCivic in Texas, have acquired smaller competitors over the past two decades. As of 2016, the three vendors served more than 90 percent of eligible voters in the country, according to a report from the Wharton School at the University of Pennsylvania.Wharton researchers at that point described the election technology business as having “all the aspects of an industry that new investors would want to avoid — a costly regulatory environment, constrained market size, cost-conscious customers, and concentrated and entrenched vendors.”The Brennan Center for Justice estimated last year that replacing outdated voting equipment over the next five years could cost more than $580 million. A group of Democratic lawmakers, including Senator Elizabeth Warren of Massachusetts, sent letters in 2019 to Staple Street and other private equity firms that had invested in election technology companies, voicing concern about industry consolidation and the maintenance of voting machines. In response, Staple Street wrote to Ms. Warren that it spent roughly 10 to 20 percent of its revenue on research and development.Susan C. Beachy More

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      Fox News Is on Trial, and So Are Falsehoods About 2020

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      A jury in Delaware will be asked to weigh the limits of the First Amendment. Another question in the case is whether the network will pay a financial penalty for disseminating election lies.WILMINGTON, Del. — On Monday, a judge in Delaware Superior Court is expected to swear in the jury in a defamation trial that has little precedent in American law. Fox News, one of the most powerful and profitable media companies, will defend itself against extensive evidence suggesting it told its audience a story of conspiracy and fraud in the 2020 election it knew wasn’t true.The jury will be asked to weigh lofty questions about the limits of the First Amendment and to consider imposing a huge financial penalty against Fox. Some of the most influential names in conservative media — Rupert Murdoch, Sean Hannity, Tucker Carlson — are expected to be called to testify. But there is another fundamental question the case raises: Will there be a price to pay for profiting from the spread of misinformation?Few people have been held legally accountable for their roles in trying to delegitimize President Biden’s victory. Sidney Powell, a lawyer who was one of the biggest purveyors of conspiracy theories about Dominion Voting Systems, the company suing Fox for $1.6 billion, avoided disbarment in Texas after a judge dismissed a complaint against her in February.Jenna Ellis, an attorney who worked with Ms. Powell and the Trump campaign, received a reprimand last month instead of losing her license with the Colorado bar. Donald J. Trump, whose false insistence that he was cheated of victory incited a violent mob on Jan. 6, 2021, is running for president a third time and remains the clear front-runner for the Republican nomination.Political misinformation has become so pervasive in part because, there is little the government can do to stop it.“Lying to American voters is not actually actionable,” said Andrew Weissmann, the former general counsel of the F.B.I. who was a senior member of the special counsel team under Robert S. Mueller that looked into Mr. Trump’s 2016 campaign.It’s a quirk of American law that most lies — even ones that destabilize the nation, told by people with enormous power and reach — can’t be prosecuted. Charges can be brought only in limited circumstances, such as if a business executive lies to shareholders or an individual lies to the F.B.I. Politicians can be charged if they lie about a campaign contribution, which is the essence of the criminal case against Mr. Trump by the Manhattan district attorney’s office.In the Fox News case, the trial is going forward because the law allows companies like Dominion, and people, to seek damages if they can prove their reputations were harmed by lies.The legal bar that a company like Dominion must meet to prove defamation is known as actual malice. And it is extremely difficult to prove because of the Supreme Court’s 1964 decision in New York Times Company v. Sullivan, which held that public officials can claim defamation only if they can prove that the defendants either knew that they were making a false statement or were reckless in deciding to publish the defamatory statement.“There are all sorts of times you can lie with impunity, but here there’s an actual victim,” Mr. Weissmann added. “It’s only because of the serendipity that they actually attacked a company.”Usually, there is great deference among media lawyers and First Amendment scholars toward the defendants in a libel case. They argue that the law is supposed to provide the media with breathing room to make mistakes, even serious ones, as long as they are not intentional.But many legal scholars have said that they believed there was ample evidence to support Dominion’s case, in which they argue they were intentionally harmed by the lies broadcast by Fox, and that they would not only be surprised but disappointed if a jury didn’t find Fox liable for defamation.“If this case goes the wrong way,” said John Culhane, professor of law at Delaware Law School at Widener University, “it’s clear from my perspective that would be a terrible mistake because this is about as strong as a case you’re going to get on defamation.” Mr. Culhane added that a Fox victory would only make it harder to rein in the kind of misinformation that’s rampant in pro-Trump media.“I think it would embolden them even further,” he said.This case has proved to be extraordinary on many levels, not only for its potential to deliver the kind of judgment that has so far eluded prosecutors like Mr. Weissmann, who have spent years pursuing Mr. Trump and his supporters who they believe bent the American democratic system to a breaking point.“Even if this didn’t involve Donald Trump and Fox and the insurrection, this is a unique libel trial, full stop,” said David Logan, a professor of law at Roger Williams School of Law and an expert on defamation. “There’s never been one like this before.”It is extremely rare for defamation cases to reach a jury. Mr. Logan said his research shows a steady decline over the years, with an average of 27 per year in the 1980s but only three in 2017.Some experts like Mr. Logan believe the case’s significance could grow beyond its relevance to the current disinformation-plagued political climate. They see an opportunity for the Supreme Court to eventually take the case as a vehicle to revisit libel law and the “actual malice” standard. The justices have not done that since a 1989 case involving a losing candidate for municipal office in Ohio who successfully sued a newspaper after it published a false story about him a week before the election. The court said that a public figure cannot recover damages unless there was “clear and convincing proof” of actual malice..The actual malice standard has been vital for individual journalists and media outlets who make mistakes — as long as they are honest mistakes. But some scholars like Mr. Logan — as well as two conservative Supreme Court justices, Neil M. Gorsuch and Clarence Thomas — have argued that “actual malice” should be reconsidered as too high a standard. Justice Thomas specifically cited as a reason “the proliferation of falsehoods.”“The nature of this privilege goes to the heart of our democracy, particularly in this case,” said Mr. Logan, whose paper arguing that the courts have made it too difficult for victims of libel to win relief was cited in a dissent by Justice Gorsuch in 2021.Fox lawyers are already preparing for an appeal — a sign they are under no illusion that beating Dominion’s case will be easy. At several recent hearings in front of Judge Eric M. Davis, Fox has been represented by Erin Murphy, an appellate lawyer with experience arguing cases before the Supreme Court.Dominion also apparently considers the possibility of an appeal quite realistic. It had an appellate attorney of its own, Rodney A. Smolla, arguing on its behalf when questions of Fox’s First Amendment defense arose last month — the kind of constitutional questions that federal appellate courts will entertain.The belief that the Supreme Court could eventually hear the Fox-Dominion case is shared by the general counsel of Fox Corporation, Viet Dinh. Mr. Dinh, who is likely to be called as a witness by Dominion during the trial, has told colleagues privately that he believes Fox’s odds at the Supreme Court would be good, — certainly better than in front of a Delaware jury, according to people who know his thinking. The evidence against Fox includes copious amounts of text messages and emails showing that producers, hosts and executives belittled the claims being made on air of hacked voting machines and conspiracy, details that Dominion has said prove the network defamed it.But Fox lawyers and its public relations department have been making the case that its broadcasts were protected under the First Amendment because they encompassed the kind of coverage and commentary that media outlets have a right to do on official events of intense public interest.“A free-flowing, robust American discourse depends on First Amendment protections for the press’ news gathering and reporting,” a network spokeswoman said in a written statement. The statement added that Fox viewers expected the kind of commentary that aired on the network after the election “just as they expect hyperbole, speculation and opinion from a newspaper’s op-ed section.”Judge Davis has overruled Fox on some of its First Amendment claims, limiting its ability to argue certain points at trial, such as its contention that it did not endorse any false statements by the president and his allies but merely repeated them as it would any newsworthy statement.A spokeswoman for Dominion expressed confidence, saying: “In the coming weeks, we will prove Fox spread lies causing enormous damage to Dominion. We look forward to trial.”Inside Fox, from the corporate offices in Los Angeles to the news channel’s Manhattan headquarters, there is little optimism about the case. Several current and former employees said privately that few people at the company would be surprised to see a jury return a judgment against Fox. Judge Davis has expressed considerable skepticism toward Fox in the courtroom. He issued a sanction against Fox last week when Dominion disclosed that the company had not revealed details about Mr. Murdoch’s involvement in Fox News’s affairs, ruling that Dominion had a right to conduct further depositions at Fox’s expense.But he does not have the final say. Twelve men and women from Delaware will ultimately decide the case. And defamation suits so rarely prevail, it’s also reasonable to consider the possibility that Fox does win — and what a 2024 election looks like with an emboldened pro-Trump media. More

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      Election Denial and Threats to Our Democracy Have Gone Local

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      American democracy didn’t crumble in one fell swoop under the administration of a president with disregard for rule of law or under the weight of a mob storming the Capitol or under a wave of candidates who claimed the 2020 election was rigged. Though some election deniers did win critical midterm races, the most prominent — Republicans like Kari Lake and Mark Finchem in Arizona and Doug Mastriano in Pennsylvania — lost their 2022 campaigns.As a result, some voters might have concluded that the movement died beyond Donald Trump’s continued claims. That would be a serious mistake, because though it has receded from the headlines, election denialism has not died. It has just gone down ballot.In some state and local offices across the country, election denialism is still recasting how elections are conducted, in ways big and small.With far less effort than it would take on a national level, Republican officials are gumming up the mechanics of local election administration, making it harder to cast a vote, harder to tally votes and harder to get results in a timely fashion. Officials are policing elections, establishing task forces and election police units that are supposedly there to root out fraud but could have the effect of intimidating voters from exercising their civic right.Every little bit of friction that’s added to the election process makes it that much harder for it to function. Through the typical channels of government bureaucracy and under the pretense of merely asking questions, these conspiracy-theory-influenced Republicans are often creating this friction for their own voters. Their actions might seem like inconsequential outliers, but it’s there at this grass-roots level that our voting system is most vulnerable. Which means these obscure election boards aren’t where denialism goes to die; it’s where it takes root and starts to grow.Just last month, North Carolina state election officials voted to remove two local election officials. In November the pair initially refused to certify election results (though one ultimately did), as well as in a redo election this year after a bizarre circumstance in which a poll worker was accused of telling voters at one precinct that a candidate had died. The officials questioned state election practices and a 2018 federal court decision striking down strict voter ID requirements North Carolina had in place at the time. “We feel that the election was held according to the law that we have but that the law is not right,” one said.The incident is just the latest in a string of examples of the ways that election deniers’ conspiratorial distrust of elections continues to affect state and local elections. These kinds of disputes and claims cropped up again and again in local jurisdictions last year. Whether it was initially refusing to certify elections, as officials in Cochise County, Ariz., threatened or hand-counting ballots, as they moved to do in Nye County, Nev., or voting to outright get rid of voting machines and sue the secretary of state, as happened in Otero County, N.M., the long tail of the Big Lie has created disorder in local election administration.Perhaps the widest-reaching example of structural interference in elections is the growing list of states that have pulled out of the bipartisan nonprofit data consortium known as the Electronic Registration Information Center, or ERIC.ERIC was created to help states maintain accurate voter rolls through information sharing. It helps guard against fraud by allowing states to crosscheck for inaccurate or outdated voting records and helps identify potential new voters who haven’t yet registered. Since its founding in the 2010s, ERIC existed in relative obscurity. Over the past year, however, ERIC has become the subject of conspiracy theories and attacks, including by Mr. Trump, who has said it “pumps the rolls” for Democrats.Louisiana was the first state to announce it would pull out, in late 2022, followed by Alabama, whose incoming secretary of state did so on his first day in office this year. Since then, the Republican secretaries of state in Florida, Iowa, Missouri, Ohio and West Virginia have announced their intention to leave.The latest wave of departures came after some Republican members tried but failed to make changes to ERIC’s leadership to guard against what they consider to be partisanship, as well as changes to the program, including a removal of the requirement that member states reach out to residents who are eligible to vote but unregistered. Some of these requested changes are debatable matters of policy, but those meetings also came after the flurry of conspiratorial attacks on ERIC over the past year.The irony, however, is that leaving ERIC could very well make their elections less secure. Just this past January, Florida’s new Office of Election Crimes and Security used ERIC data to identify more than 1,000 voters who appeared to have voted in more than one state. In February, the month before he decided to withdraw, the Iowa secretary of state told NPR that ERIC was a “godsend.” Without this crosschecking tool at their disposal in the future, it’s possible for these instances to slip through the cracks, but it’s difficult to know just what the full effect of a weakened ERIC will be.It’s also notable that the institutions being targeted by election denier conspiracy theories are often some of the most mundane — making it hard to predict what will be targeted next. After the 2020 elections, Republican legislators’ attacks on ballot drop boxes, early voting windows and other measures intended to make voting easier were somewhat to be expected. But the moves by election administrators to go after a bipartisan organization like ERIC only add to the chaos that has become election denialism’s calling card.The antidemocratic legacy that once denied the franchise to Black Americans and women is a part of the American story. Today, threats to democracy can be as varied as the states, counties and municipalities where they’re happening, thanks to the confusing patchwork of election laws and powers that change from state to state. But to the extent that they infringe on the voting rights of any part of the electorate, these moves matter to all of us, because they threaten the entire project of American democracy.Camille Squires is an editor at Bolts, a digital publication focused on voting rights and criminal justice in state and local governments.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Tucker Carlson and Rupert Murdoch Were Right

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      If you missed the previous newsletter, you can read it here.Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News goes to trial next week, and we’ll be reminded once again of the profoundly destructive lies that the network’s carnival barkers sold. Hour after hour, night after night, they peddled Donald Trump’s insistence that the 2020 presidential election was stolen. And they knew or at least suspected that they were wrong, to go by documents already released during the legal proceedings.In this much, however, Fox’s fabulists were right: If they didn’t hawk Trump’s hooey, many of their viewers would just move on to a circus that did. The documents also show that they genuinely believed that. It’s no justification for their laundering of his conspiracy theories — they surely wouldn’t have lost all their audience, and they could have tried to chip away at the dangerous delusions of the many viewers who remained. That they chose differently is a betrayal of journalistic principle and a damning indictment of them. But it says something troubling about the rest of us, too.Thanks to the sprawling real estate of cable television and the infinite expanse of the internet, we live in an age of so many information options, so many “news” purveyors, that we have an unprecedented ability to search out the one or ones that tell us precisely what we want to hear, for whatever reason we want to hear it. We needn’t reckon with the truth. We can shop for it instead.And many of us — maybe even most of us — do. That’s one of the morals of Dominion’s suit, correctly called “seismic” by my Times colleague Jim Rutenberg in his excellent and essential recent article about Fox News’s descent down the rabbit hole. Rutenberg tells the tale of that network’s spectacularly cynical dealings with its particular audience. But a larger story hovers over it, one about every audience’s relationship with reality today.The unscrupulous behavior of Tucker Carlson and his fellow entertainers (let’s call them what they really are) at Fox Phantasmagoria (let’s call it what it really is) reflects the strange new wonderland we inhabit, in which diverging continents of facts — or of recklessly harvested factoids and fictions — leave us without the common ground we need for a sane and civil society.Rutenberg chronicles the concern of senior Fox officials — and of Rupert Murdoch, the chair of Fox Corporation — not to alienate their audience, even if that meant diluting or disregarding an accurate version of events. Following Election Day 2020, Murdoch and Suzanne Scott, the network’s chief executive, grew worried about competing outlets that wholly bought into Trump’s bogus claims. “One of them, Newsmax, was moving up in the ratings while refusing to call Biden the winner,” Rutenberg writes, adding that when The Wall Street Journal, which Murdoch owns, reported that allies of Trump’s might invest in Newsmax to help it pull closer to Fox, “Murdoch alerted Scott to the piece. Fox would have to play this just right, he said in an email.” He warned that it was important not to inflame Trump.Carlson wrote to a colleague: “With Trump behind it, an alternative like Newsmax could be devastating to us.”So Carlson played along with Trump, even while admitting in a text message to an acquaintance “I hate him passionately” and privately expressing disgust and disbelief — “It’s insane,” he texted Laura Ingraham — about the fantastical accusations coming from Team Trump.Carlson sought to undermine those on the network who didn’t fall in line. After the reporter Jacqui Heinrich cast doubt on what Trump and his enablers were saying, Carlson texted Ingraham and Sean Hannity: “It needs to stop immediately, like tonight. It’s measurably hurting the company. The stock price is down. Not a joke.”According to a 2019 survey by the Pew Research Center, 93 percent of viewers who relied on Carlson & Co. labeled themselves Republicans or said they leaned that way. That lopsidedness isn’t unique: The same survey found that 95 percent of viewers who relied on MSNBC belonged to or sympathized with the Democratic camp. While there’s absolutely no equivalence between the two networks, there’s also no doubt that both consider the interests and inclinations of their loyalists when they’re appointing their hosts, inviting their guests, choosing their stories, calibrating their tones. They are, to varying degrees, giving people what they want. They’re businesses, after all. So is The Times, whose readers are hardly a perfectly heterogeneous snapshot of America.And that compels customers who care about getting a full and nuanced picture not to buy from just one merchant, not in the media marketplace of this moment. We can’t change or redeem the Murdochs and the Carlsons of the world — such perversions of ambition, greed and vanity will always be with us. But we can be better, smarter, more keen-eyed and more open-minded ourselves. We can refuse to confirm and reward their assessments of us.Words Worth SideliningGetty ImagesPerhaps no subspecies of journalist gravitates toward jargon with the frequency and zest of the political journalist, who can’t resist cant. I noted as much in a newsletter last October, when I pleaded for the retirement of “deep dive,” “wake-up call” and “under the bus,” among other annoyances, and said that I’d probably produce at least one follow-up glossary of similarly exhausted phrases. So here’s another batch. May we please, please say goodbye to:Clown car. That’s the favored term for any campaign or political operation of transcendent incompetence or inanity — which is to say, many campaigns and political operations. I smiled the first time I spotted this reference. And the hundredth. No more. I just did a “Donald Trump” “clown car” search on Google, which returned more than 45,000 results. That’s appropriate for the bozo in question but a failure of originality nonetheless.Dumpster fire. A clown car in flames — or any political debacle. At this point, so many developments have been deemed dumpster fires that the designation has burned itself out. It’s an ember of its former blaze.Walk and chew gum at the same time. Pundits love, love, love this expression to convey how easy it should be for a politician to accomplish two goals at once. Mid-perambulation mastication is indeed multitasking at its most mundane; the metaphor was surely as invigorating as a just-unwrapped stick of wintergreen Trident once upon a toothy time. But it lacks all flavor now. Time to spit it out.Drank the Kool-Aid. How this reference to the mass suicide of hundreds of Jim Jones’s followers became an all-purpose knock on what any excessively credulous politician or overly obedient voter has done is beyond me.That dog won’t hunt. Because it’s a Shih Tzu? A bichon frise?Put on your big-boy pants. Pundits tell timid, oversensitive politicians to do this and then wonder why so many Americans find us snotty. That’s the epitome of immaturity.Thanks to Karen Simonsen of Sisters, Ore., Sheri Sidwell of Alton, Ill., and Bill Blackburn of Austin, Tex., among others, for suggesting one or more of the above. “Words Worth Sidelining” is a recurring newsletter feature.For the Love of SentencesGetty ImagesThe Washington Post columnist Ruth Marcus was pithy and pointed in her take on Supreme Court Justice Clarence Thomas’s lavish maritime getaways with a billionaire Republican donor: “Beware new friends bearing yachts.” (Thanks to Tom Morman of Leipsic, Ohio, and Bonnie Ross of Sarasota, Fla., for nominating this.)Also in The Post, Ron Charles examined an alliteratively named publisher of “pro-God” children’s stories: “The Brave Books website says, ‘It take courage to stand up for the truth.’ It take grammar, too, but God works in mysterious ways.” (Pam Gates, Rockville, Md., and Cynthia Bazinet, Upper Port La Tour, Nova Scotia)And David Von Drehle took issue with a right-wing Texas jurist’s ruling to block access to the abortion drug mifepristone, asserting that unelected judges “should be as modest and unassuming as a crossing guard in a Mennonite village where all the horses are old and footsore.” (Richard Rampell, Palm Beach, Fla., and Bobbie Steinhart, Berkeley, Calif., among others)In Politico, Rich Lowry contextualized Trump’s appearance at his Waco, Tex., rally with the J6 Prison Choir: “It’d be a little like Richard Nixon running for the 1976 Republican presidential nomination, and campaigning with a barbershop quartet made up of the Watergate burglars.” (Karen Hughes, Tumwater, Wash., and Colleen Kelly, Manhattan)In The New York Times, Jesse Green had advice for theatergoers filing into a new Broadway production: “Bring earplugs. Not just because the songs in ‘Bad Cinderella,’ the Andrew Lloyd Webber musical that opened on Thursday at the Imperial Theater, are so crushingly loud. The dialogue, too, would benefit from inaudibility. For that matter, bring eye plugs: The sets and costumes are as loud as the songs. If there were such a thing as soul plugs, I’d recommend them as well.” (Conrad Macina, Landing, N.J.)Also in The Times, John McWhorter noted the existence, in the dictionary, of fussy and archaic terms that have fallen far from use and survive “more as puckish abstractions than actual words. They remind me of the 32-inch-waist herringbone pants from the 1980s that I have never been able to bring myself to get rid of, along with my compass and my protractor.” (Fred Jacobs, Queens, N.Y.)And James Poniewozik described the look and feel of the Manhattan courthouse in which Trump was arraigned: “The scene was gray, humdrum, municipal, more ‘Night Court’ than Supreme Court. You could practically smell the vending-machine coffee.” (Gil Ghitelman, Westport, Conn., and Adam Eisenstat, Pittsburgh)To nominate favorite bits of recent writing from The Times or other publications to be mentioned in “For the Love of Sentences,” please email me here and include your name and place of residence.What I’m Reading and DoingGretchen Rubin’s new book begins with a scene that had special resonance for me: She visits the eye doctor, who gives her a bit of troubling news that prompts her to take a fresh, different look at the world around her. “In an instant,” she writes, “all my senses seemed to sharpen. It was as if every knob in my brain had suddenly been dialed to its maximum setting of awareness.” Her story from that point on is much different from mine, but it’s characterized by a similar impulse to summon wonder and gratitude, and it showcases her trademark wisdom about making the most of our days. The book, “Life in Five Senses: How Exploring the Senses Got Me Out of My Head and Into the World,” will be available Tuesday.My Times colleague Kate Zernike’s new book, “The Exceptions: Nancy Hopkins, MIT, and the Fight for Women in Science,” is a perfect marriage of compelling material and formidable journalist. In a review in The Times, the “Lessons in Chemistry” author Bonnie Garmus called “The Exceptions,” which was published in late February, “excellent and infuriating,” the latter adjective referring to the injustices Kate chronicles.I’m a big admirer of the writing that Tim Miller and Jonathan V. Last do for The Bulwark, so when they asked me to join them last week on their podcast, “The Next Level,” I was delighted. (Sarah Longwell is their partner in the podcast but wasn’t around for our conversation.) We talked about politics, higher education and aging. Also, I guess, personal hygiene and self-indulgence? They titled the episode “Unacknowledged Bubble Baths,” an intriguing allusion to some bit of banter that escapes my memory. You can find “Unacknowledged Bubble Baths” (I just had to repeat it) here.On a Personal NoteHarold M. Lambert/Getty ImagesI relished many of the smart, witty articles about Gwyneth Paltrow’s days in court, but I can’t say whether the authors’ descriptions of her couture and her hauteur jibed with my impressions. I never watched so much as a minute of the proceedings.I saw precisely one short snippet of Alex Murdaugh’s testimony en route to his murder conviction, but that was that. I otherwise sated myself with written accounts of his trial.And while I use links in online articles and on social media to sample politicians’ speeches and public appearances, I don’t see nearly as much of Ron DeSantis or Kyrsten Sinema as a newscast or political talk show would air. That’s because there are few newscasts and political talk shows in my life.Am I guilty of grave professional dereliction? I wonder. I worry. Can I (or anyone else) read the culture intelligently without closely monitoring television, which is an important portal into it, a principal mirror of it and the medium that influences many Americans’ thinking and behavior like no other? Quite possibly not.But I’d like to believe that less television can equal more insight. That pulling back and tuning out — to a degree — are constructive.I’m singling out television, but I’m really speaking about something broader. I’m referring to a kind of indiscriminately rapt, instantly reactive attention to the scandal of the week, the melodrama of the day, the fascination of the hour. Many of those developments and details are ephemeral, disposable — and that’s not clear if you’re twitchily tracking them in real time. The ones with real consequences reach us in ways beyond the breathless exclamations on air. They also reach us multiple times, their repetition and endurance a measure of their import.Besides, is hyper-vigilance any way to live? Is it sustainable? Not for me, not as I get older, not in this addled era of ours.To examine the hurly-burly of our current world from a certain distance, with a certain detachment, is to see things in more accurate proportion, with better perspective — or at least I can make that argument. I think I buy it.But I acknowledge another possibility: I’m just doing what I must to stay several steps ahead of utter exhaustion and thorough disillusionment. That’s reason enough. More

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      Landmark Trial Against Fox News Could Affect the Future of Libel Law

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      Jury selection starts on Thursday in Delaware Superior Court, where the proceedings will tackle misinformation and the limits of journalistic responsibility.Dominion Voting Systems’ defamation case against Fox News, which goes to trial in Delaware next week, is expected to stoke hot-button debates over journalistic ethics, the unchecked flow of misinformation, and the ability of Americans to sort out facts and falsehoods in a polarized age.For a particular subset of the legal and media communities, the trial is also shaping up as something else: the libel law equivalent of the Super Bowl.“I’ve been involved in hundreds of libel cases, and there has never been a case like this,” said Martin Garbus, a veteran First Amendment lawyer. “It’s going to be a dramatic moment in American history.”With jury selection set to begin on Thursday in Delaware Superior Court in Wilmington, the case has so far been notable for its unprecedented window into the inner workings of Fox News. Emails and text messages introduced as evidence showed the Fox host Tucker Carlson insulting former President Donald J. Trump to his colleagues, and Rupert Murdoch, whose family controls the Fox media empire, aggressively weighing in on editorial decisions, among other revelations.Now, after months of depositions and dueling motions, the lawyers will face off before a jury, and legal scholars and media lawyers say the arguments are likely to plumb some of the knottier questions of American libel law.Dominion, an elections technology firm, is seeking $1.6 billion in damages after Fox News aired false claims that the company had engaged in an elaborate conspiracy to steal the 2020 presidential election for Joseph R. Biden Jr. The claims, repeated on Fox programs hosted by anchors like Maria Bartiromo and Lou Dobbs, were central to Mr. Trump’s effort to persuade Americans that he had not actually lost.Lawyers for Fox have argued that the network is protected as a news-gathering organization, and that claims of election fraud, voiced by lawyers for a sitting president, were the epitome of newsworthiness. “Ultimately, this case is about the First Amendment protections of the media’s absolute right to cover the news,” the network has said.It is difficult to prove libel in the American legal system, thanks in large part to New York Times v. Sullivan, the 1964 Supreme Court decision that is considered as critical to the First Amendment as Brown v. Board of Education of Topeka is to civil rights.The Sullivan case set a high legal bar for public figures to prove that they had been defamed. A plaintiff has to prove not just that a news organization published false information, but that it did so with “actual malice,” either by knowing that the information was false or displaying a reckless disregard for the truth.The question of that motivation is central to the Dominion case. The trial judge, Eric M. Davis, has already concluded in pretrial motions that the statements aired by Fox about Dominion were false. He has left it to the jury to decide if Fox deliberately aired falsehoods even as it was aware the assertions were probably false.Documents show Fox executives and anchors panicking over a viewer revolt in the aftermath of the 2020 election, in part because the network’s viewers believed that it had not sufficiently embraced Mr. Trump’s claims of fraud. Dominion can wield that evidence to argue that Fox aired the conspiracy theories involving Dominion for its own financial gain, despite ample evidence that the claims were untrue. (Fox has responded that Dominion “cherry-picked” its evidence and that the network was merely reporting the news.)Lawyers on their way out of Delaware Superior Court. Fox suffered some setbacks this week before the trial.Hannah Beier for The New York TimesMr. Garbus, the First Amendment lawyer, has spent decades defending the rights of media outlets in libel cases. Yet like some media advocates, he believes that Fox News should lose — in part because a victory for Fox could embolden a growing effort to roll back broader protections for journalists.That effort, led mainly but not exclusively by conservatives, argues that the 1964 Sullivan decision granted too much leeway to news outlets, which should face harsher consequences for their coverage. Some of the leading proponents of this view, like the Supreme Court justice Clarence Thomas and Gov. Ron DeSantis of Florida, are conservative heroes who are sympathetic to the right-wing views of Fox programming. But if Fox prevails in the Dominion case, despite the evidence against it, the result could fuel the argument that the bar for defamation has been set too high.Not all media lawyers agree with this reasoning. Some even think a loss for Fox could generate problems for other news organizations.Jane Kirtley, a former executive director of the Reporters Committee for Freedom of the Press, who teaches media law at the University of Minnesota, said she detected from Fox critics “an intense desire for someone to say definitively that Fox lied.” But she added, “I don’t see a victory for Dominion as a victory for the news media, by any means.”“As an ethicist, I deplore a lot of what we’ve learned about Fox, and I would never hold it up as an example of good journalistic practices,” Ms. Kirtley said. “But I’ve always believed that the law has to protect even those news organizations that do things the way I don’t think they should do it. There has to be room for error.”Ms. Kirtley said she was concerned that the Dominion case might lead to copycat lawsuits against other news organizations, and that the courts could start imposing their own standards for what constituted good journalistic practice.Dominion’s effort to unearth internal emails and text exchanges, she added, could be reproduced by other libel plaintiffs, leading to embarrassing revelations for news outlets that might otherwise be acting in good faith.“It’s an intense scrutiny into newsroom editorial processes, and I’m not sure that members of the public will look at it very kindly,” she said. “Maybe the emails show they’re being jocular or making fun of things that other people take very seriously.”Journalism, she said, “is not a science,” and she said she felt uncomfortable with courts determining what constituted ethical news gathering.Fox suffered some setbacks this week before the trial. On Tuesday, Judge Davis barred the network from arguing that it aired the claims about Dominion on the basis that the allegations were newsworthy, a crucial line of defense. On Wednesday, he imposed a sanction on Fox News and scolded its legal team after questions arose about the network’s timely disclosure of additional evidence. The judge said he would probably start an investigation into the matter; the network said its lawyers had produced additional evidence “when we first learned it.”The trial may feature testimony from high-profile Fox figures, including Mr. Murdoch, Mr. Carlson, Ms. Bartiromo and Suzanne Scott, the chief executive of Fox News Media. More

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      Fox News Sanctioned by Judge for Withholding Evidence in Dominion Case

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      Judge Eric Davis also said an investigation was likely into Fox’s handling of documents and whether it had withheld details about Rupert Murdoch’s corporate role.WILMINGTON, Del. — The judge overseeing Dominion Voting Systems’ lawsuit against Fox News said on Wednesday that he was imposing a sanction on the network and would very likely start an investigation into whether Fox’s legal team had deliberately withheld evidence, scolding the lawyers for not being “straightforward” with him.The rebuke came after lawyers for Dominion, which is suing for defamation, revealed a number of instances in which Fox’s lawyers had not turned over evidence in a timely manner. That evidence included recordings of the Fox News host Maria Bartiromo talking with former President Donald J. Trump’s lawyers, Sidney Powell and Rudy Giuliani, which Dominion said had been turned over only a week ago.In imposing the sanction on Fox, Judge Eric M. Davis of the Delaware Superior Court ruled that if Dominion had to do additional depositions, or redo any, then Fox would have to “do everything they can to make the person available, and it will be at a cost to Fox.”He also said he would very likely appoint a special master — an outside lawyer — to investigate Fox’s handling of discovery of documents and the question of whether Fox had inappropriately withheld details about the scope of Rupert Murdoch’s role. Since Dominion filed its suit in early 2021, Fox had argued that Mr. Murdoch and Fox Corporation, the parent company, should not be part of the case because Mr. Murdoch, the chair, and other senior executives had nothing to do with running Fox News. But in the past few days, Fox disclosed to Dominion that Mr. Murdoch was a corporate officer at Fox News.Dominion, a voting technology company, accused Fox and some of the network’s executives and hosts of smearing its reputation by linking it to a nonexistent conspiracy to rig voting machines in the 2020 presidential election. Fox had said that it was just reporting on newsworthy allegations from Mr. Trump, who was then the president, as well as his lawyers and supporters, who told Fox’s hosts and producers that they would prove their allegations in court.Fox’s lawyers had only recently disclosed that Rupert Murdoch, the executive chairman of Fox Corp., was also the executive chair of Fox News, a role that pointed to more responsibility for its broadcasts.Mike Segar/ReutersJury selection starts on Thursday, and the trial is scheduled to begin on Monday. It wasn’t immediately clear whether Dominion would avail itself of the judge’s ruling allowing its lawyers to conduct additional depositions. But it was clear from Judge Davis’s stern reprimand of Fox’s lawyers on Wednesday — and similarly piqued remarks from him during another hearing on Tuesday — that he was losing patience. The judge told Fox’s lawyers to retain all internal communications, starting from March 20 of this year, that related to Mr. Murdoch’s role at Fox News. That was the date the lawyers submitted a letter to Judge Davis asking that Mr. Murdoch and other Fox Corporation executives not be forced to testify at the trial in person, saying they had “limited knowledge of pertinent facts.” The letter did not mention that Mr. Murdoch was also a Fox News executive.Judge Davis said he would weigh whether any additional sanctions should be placed on Fox.He also said he was very concerned that there had been “misrepresentations to the court.”“This is very serious,” Judge Davis said.Davida Brook, a lawyer for Dominion, told the court that they were still receiving relevant documents from Fox, with the trial just days away.“We keep on learning about more relevant information from individuals other than Fox,” she said. “And to be honest we don’t really know what to do about that, but that is the situation we find ourselves in.”She pointed to one email that had recently been handed over, between Ms. Bartiromo and Ms. Powell on Nov. 7, 2020. In the email, Ms. Powell was forwarding evidence to Ms. Bartiromo that Dominion said was proof Fox had acted recklessly: an email from a woman Ms. Powell relied on as a source who exhibited signs of delusion, claiming, for instance, that she was aware of voter fraud because she had special powers, including the ability to time travel.“I just spoke to Eric and told him you gave very imp info,” Ms. Bartiromo wrote back to Ms. Powell, most likely referring to Eric Trump, Mr. Trump’s son.Ms. Brook also played two recordings for the court of pre-interviews, which are preliminary conversations before an on-air interview, conducted by Ms. Bartiromo that Ms. Brook said were received only after they were revealed in legal complaints filed by Abby Grossberg, a former Fox News producer who is suing the network.The evidence included recordings of the Fox News host Maria Bartiromo talking with former President Donald J. Trump’s lawyers, Sidney Powell and Rudy Giuliani.Roy Rochlin/Getty ImagesIn one of the recordings, on Nov. 8, 2020, Ms. Bartiromo asks Mr. Giuliani about Dominion’s software. In it, he admits that he doesn’t have hard evidence to back up the claim that the software could be manipulated, saying it was “being analyzed right now.” When Ms. Bartiromo asks about a conspiracy theory circulating at the time that claimed Dominion was connected to Representative Nancy Pelosi of California, Mr. Giuliani says: “Yeah, I’ve read that. I can’t prove that yet.”A Fox News spokeswoman said in a statement on Wednesday: “As counsel explained to the court, Fox produced the supplemental information from Ms. Grossberg when we first learned it.”Justin Nelson, another lawyer for Dominion, told Judge Davis that had Fox Corporation, the parent company, been quicker to share the information about Mr. Murdoch’s role as an officer of Fox News, the universe of documents Dominion could have obtained during discovery from him and other Fox Corporation executives would have been much larger. He also said that Fox might have failed to produce relevant documents.“We have been litigating based upon this false premise that Rupert Murdoch wasn’t an officer of Fox News,” he said.The question of whether Mr. Murdoch made decisions as a corporate officer of Fox News cuts to the heart of Dominion’s case. It has tried to prove — and Fox has repeatedly denied — that Rupert and Lachlan Murdoch, the chief executive of Fox Corporation, were closely involved in overseeing Fox News coverage of the 2020 election. Their decisions, Dominion has argued, directly affected what Fox broadcast about the voting technology company and, more broadly, fed a climate inside the network where hosts and producers amplified misinformation as part of a plan to win back viewers who had stopped watching after Mr. Trump’s loss.Proving so would mean that the larger Fox Corporation — not just Fox News — could also be found liable for defaming Dominion.Mr. Nelson argued that the case should be split in two so that Dominion lawyers could separately pursue action against Fox Corporation now that Dominion could obtain more information from executives. Judge Davis declined, but he expressed concern that Fox’s legal team had not been forthcoming with the information, despite being asked multiple times whether Mr. Murdoch was a corporate officer for Fox News.“I need people to tell me the truth,” he said. “And by the way, omission is a lie.”Dan K. Webb, a lawyer for Fox, pushed back on the assertion from Dominion, saying that both he and even Mr. Murdoch didn’t realize he also held the executive chair role at Fox News.“On a day-to-day basis, Mr. Rupert Murdoch had nothing to do with making decisions with what goes on the air on Fox News,” Mr. Webb said.In an emailed statement, a Fox News spokeswoman said: “Rupert Murdoch has been listed as executive chairman of Fox News in our S.E.C. filings since 2019 and this filing was referenced by Dominion’s own attorney during his deposition.”Judge Davis admonished Fox’s lawyers, saying he had previously asked for clarity on who had corporate responsibilities at Fox News but had not heard back.“What do I do with attorneys that aren’t straightforward with me?” he asked. More