Fox News vs Dominion Voting System defamation trial resumes with jury selection, exhibit submissions

In the ongoing trial, Judge Eric M. Davis has given strict instructions to the jurors to maintain the integrity of the proceedings. The trial has already had its fair share of drama, with one person removed from the courtroom for taking photographs before proceedings began.

The judge emphasized the importance of maintaining confidentiality, telling jurors not to discuss the case among themselves or with any third party. He also warned them to "fight human nature" and not discuss the case, not do any detective work, research, or even go on social media during the trial.

To ensure impartiality, the judge also instructed the jurors not to allow their notes to control their consideration of the evidence, and not to let themselves be influenced by sympathy, prejudice, or public opinion. He urged them to make their decision solely based on the evidence presented in court and not to speculate about what a witness might have said or what an exhibit might have shown at the end of the trial.

The judge's instructions highlight the gravity of the trial and emphasize the jurors' responsibility to make a decision based solely on the facts presented in court.

Fox has included the HBO documentary "Kill Chain: The Cyber War on America's Elections" as exhibit No. 4,787 on its list of exhibits in the ongoing lawsuit against Dominion Voting Systems. The documentary, which takes a deep dive into the vulnerabilities of election technology and features leading voting security expert Harri Hursti, premiered on HBO in March 2020.

Although it remains unclear why Fox included the documentary in its list of exhibits, Dominion's lawyers have objected to its inclusion on hearsay grounds. The inclusion of "Kill Chain" underscores the ongoing battle over the legitimacy of the 2020 election and the role of media outlets in perpetuating false claims of voter fraud.

Fox's list of over 5,000 exhibits includes an unexpected addition - four clips from the beloved animated series, "The Simpsons."

The clips all feature scenes of Homer Simpson voting in presidential elections, showcasing his attempts to cast a ballot for different candidates.

Read full story here

Dominion has submitted an extensive array of evidence, with over 7,000 exhibits, including video footage, Fox News transcripts, text exchanges between Fox employees, Donald Trump's tweets, and other relevant documents.

Not to be outdone, Fox also presented their own collection of exhibits, totalling 5,169 items.

Court documents were unsealed in the ongoing lawsuit against Fox News by Dominion Voting Systems, revealing more testimony from News Corp. Executive Chairman Rupert Murdoch. Murdoch acknowledged that he declined to restrain Fox News hosts who spread false claims of widespread voter fraud in the days following the 2020 election, despite privately expressing that he found little evidence for then-President Donald Trump's claims, and that he found half of them “bulls--- and damaging.”

According to the documents, some Fox News hosts, including Sean Hannity, Lou Dobbs, and Maria Bartiromo, had done more than just give a platform to baseless claims of voter fraud, they also endorsed them.

Murdoch testified in the ongoing lawsuit against Fox News filed by Dominion Voting Systems, and his previous testimony has already been made public in court filings. The documents reveal a growing collection of testimony from top Fox News and Fox Corp. executives that detail how the cable channel reacted in the hours, days, and weeks after the 2020 election, opening the door for baseless claims of election fraud to become a consistent talking point.

The filing highlights how Fox News' calling Arizona for Joe Biden late on election night sparked a viewer backlash that resonated among the company’s executives and high-profile hosts, sparking concerns about what it would mean for its business.

Murdoch also confirmed that he could have exerted some control over the network, most notably by telling Fox News CEO Suzanne Scott to stop putting Giuliani on the air.

One of the alternate jurors informed the judge that he was unable to participate. The juror cited lack of sleep but did not give any further explanation.

Consequently, the judge decided to replace the non-participating juror with a new juror.

Howard Kurtz, the Fox News host who previously expressed his disagreement with the network's decision not to discuss the case on his Sunday show about media can be seen in the audience. However, the policy was reversed and Kurtz promised to provide unbiased coverage of the $1.6 billion suit involving the false election fraud claims in 2020.

Another attendee is Michael Wolff, biographer of Rupert Murdoch and a chronicler of the Trump administration. The court prohibits filming, and one audience member has been asked to leave for violating the rule.

Judge Eric Davis told the court that fresh exhibits have been submitted to the court overnight, hinting that the opening statements would commence shortly.

The selection of 12 jurors has been completed with final step of selecting 12 alternative jury members underway.

In the Dominion Voting Systems' lawsuit against Fox News, the trial will be held in front of a Delaware judge, but New York's defamation law will be applied. Fox is based in Delaware due to tax advantages, but its headquarters are in New York, which permits Dominion to use the defamation law of that state.

The delay for a day was for both parties to potentially reach a settlement, but it was unsuccessful. While Fox claimed that Dominion was not seeking $600 million in lost profits, Dominion confirmed that their damage claims exceed $1.6 billion, and the damages claim remains.

The Dominion Voting Systems vs Fox News trial will require the jury to determine whether Fox broadcasted information with knowledge that it was false or with reckless disregard of whether it was false or not. Dominion's attorneys will present internal Fox documents showing that employees at the network understood that comments being made about Dominion were false.

Fox's attorneys argued in their court filings that Dominion must prove that specific broadcasts met the "actual malice" standard and have contended that some Fox hosts and producers believed the allegations about Dominion or were unsure about whether they were false.

Also read | Did Dominion System rig US 2020 polls ? Fox goes to trial today over defamation case | 10 points