Fox News vs Dominion Systems defamation trial, all we know so far

The high-profile trial of a $1.6 billion defamation case against Fox News has resumed, following a one-day delay for last-minute settlement talks

Fox News faces a six-week defamation trial in Delaware state court over its reporting that Dominion Voting Systems rigged the 2020 presidential election, costing Donald Trump the presidency. The trial, which seeks $1.6 billion in damages, was delayed a day for last-minute settlement talks.

This artist sketch depicts Dominion Voting Systems attorney Justin Nelson, standing left, and Fox News attorney Daniel Webb, standing at right, speaking to Judge Eric Davis before finishing jury selection in Delaware Superior Court Tuesday, April 18, 2023, in Wilmington. (Elizabeth Williams via AP)

After two days of anonymous selection, 12 jurors and 12 alternates have been chosen to hear the case, which Dominion accuses Fox News of knowingly promoting false conspiracy theories that led to the Capitol riot. Rupert Murdoch, News Corp. Chairman, is expected to take the stand, and texts and emails by Fox executives indicate that the network played up the stolen-election claim to appease Trump’s base.

Jury selection

Finding unbiased jurors who can weigh the evidence fairly in this politically charged case is one of the biggest challenges for both Fox and Dominion. Jessica Riley, a senior consultant at Magna Legal Services, which helps parties with jury selection, says that while it may be easy to find jurors who have not heard of the details of this litigation in particular, it will be challenging to find individuals who do not have strong feelings about whether the 2020 election was rigged.

Historic Record

The trial is significant in setting the record straight amid the continued threat against election workers and many Americans' shaken faith in democracy, says Kathy Boockvar, the former secretary of state for battleground Pennsylvania. She adds that the trial could continue to shed light on these allegations being not just false and crazy, but being known to be false and crazy at the time.

Actual Malice

Delaware Superior Court Judge Eric Davis has already ruled that the outlandish claims were false. Now it is up to the jury to determine whether Fox News aired them with “actual malice,” meaning the network knew they were false or aired them with reckless disregard for their veracity. The trial could result in one of the largest defamation awards of all time, with Bloomberg Intelligence estimating damages of about $375 million.

Settlement talks

Fox and Dominion could still settle the suit during the trial, with the potential for a settlement of around half a billion dollars. If Fox News is found liable, it could be a significant blow to the network, as damages of $375 million would amount to roughly two-thirds of Fox’s adjusted profit in its most recent quarter. Evidence like the Carlson text shows that Murdoch and other Fox executives and TV hosts knew the claims about Dominion were bogus even as the network amplified them for weeks after Trump lost the election.

Exhibits submitted

Dominion and Fox News have submitted extensive lists of exhibits as their lawsuit continues. Dominion has presented over 7,000 exhibits, including video footage, transcripts, and Donald Trump's tweets.

Fox News has countered with their collection of 5,169 items, which includes an unexpected addition of four clips from "The Simpsons." These clips show Homer Simpson voting for different presidential candidates, including a cameo from Russian President Vladimir Putin in one of them.

Homer Simpson depicted voting in US Presidential elections

Fox has also included the HBO documentary "Kill Chain" in its exhibits, which takes a deep dive into election technology's vulnerabilities. The inclusion of the documentary in the exhibits underscores the ongoing battle over the legitimacy of the 2020 election and the role of media outlets in perpetuating false claims of voter fraud.

(With inputs from agencies)