Rupert Murdoch and Fox leadership must testify in Dominion trial if subpoenaed, judge rules
Right-wing media mogul Rupert Murdoch and Fox News leadership must testify in an upcoming defamation trial against the network if Dominion Voting Systems subpoenas them, according to a ruling from the Delaware judge overseeing the case.
Delaware Superior Court Judge Eric Davis said he will not stand in the way of potential subpoenas for Murdoch and his son and Fox Corporation CEO Lachlan Murdoch, board of directors Paul Ryan and other executives, who must appear at the courthouse if summoned.
“They are relevant to the case,” Judge Davis said during a hearing on 5 April, according to CNN.
“If Dominion wants to bring them live, they need to issue a trial subpoena, and I would not quash it,” he added. “Both parties have made these witnesses very relevant.”
A ruling in Delaware Superior Court on 31 March granted Dominion a partial victory in its motion for summary judgment in the blockbuster $1.6bn lawsuit against the network, which the judge determined broadcast false statements about the voting machine company and conspiracy theories surrounding Donald Trump’s loss in the 2020 presidential election.
Both sides sought a pretrial ruling to declare them the winner and avoid a high-profile trial.
Jury selection is scheduled to begin on 13 April.
In a partial ruling in Dominion’s favour last week, the court determined that statements made on Fox News were presented as statements of fact, not statements of opinion, for which Fox News is responsible. But the court left open whether a jury would find its parent company Fox Corporation responsible.
The court also determined that Dominion is entitled to summary judgment for its defamation claims, but it will be up to the jury to determine whether “actual malice” is involved, the legal standard established by the US Supreme Court in defamation cases involving public figures alleged to have knowingly presented false claims or made them with reckless disregard for the truth.
Fox has repeatedly denied wrongdoing and argued that statements on air were protected by the First Amendment and, because they were supported by the former president in his spurious efforts to overturn election results, those claims were newsworthy.
The Murdochs already provided sworn depositions in the case, with court documents exposing a series of revelations about the inner workings of the network and communications among its top executives, producers and on-air personalities.
Rupert Murdoch conceded that several of the network’s top stars – including Sean Hannity, Maria Bartiromo, Lou Dobbs and Jeanine Pirro – “endorsed at times this false notion of a stolen election”, claims that the former president and his allies continue to amplify as he seeks re-election to office in 2024.
He also did not deny discussing the Trump campaign with Jared Kushner; “I was trying to help Mr Kushner ... He’s a friend of mine,” he said.
This is a developing story
