In Fox-Dominion Trial, All Eyes Are on the Judge, Too
On Tuesday, Judge Davis dealt a blow to Dominion, ruling that its lawyers could not refer to the Jan. 6, 2021, insurrection at the Capitol because it could prejudice the jury. At that hearing, he also limited how much Dominion’s legal team could tell jurors about death threats that the company’s employees had received, saying there should be no mention of the specific content of the threats.
On Wednesday, the judge scorned Fox’s attorneys over evidence in the case — including recordings of conversations between the network’s hosts and people who claimed to have knowledge of the supposed fraud — that is only just coming to light. He indicated that he would likely appoint a special master to investigate whether they were deliberately withholding relevant evidence, and ruled that Dominion would be able to redo depositions of any witnesses at Fox’s expense.
“Judge Davis has lived with, and labored mightily on bringing to a fair resolution, what may be the most consequential defamation case since NYT v. Sullivan,” Mr. Tobias said, referring to the 1964 Supreme Court decision that established the need for a plaintiff to prove that false information was published with “actual malice.”
The judge’s decisions, even small ones, have gotten plenty of media attention. But that will surely pale in comparison with the scrutiny to come, as news outlets from around the world descend on the unassuming courthouse in Wilmington, Del., for the trial, which is likely to be punctuated by appearances by Fox hosts and leaders, including Tucker Carlson, Maria Bartiromo, Mr. Murdoch, his son Lachlan, and Suzanne Scott, the chief executive of Fox News.
There are already limits on how the proceedings can be covered, which may help dampen the spectacle somewhat: No video or audio is allowed to be broadcast from the courtroom, and reporters in the courtroom will not be allowed to use the internet.
Article source: https://www.nytimes.com/2023/04/13/business/media/fox-dominon-judge-davis.html