Judge Limits Fox and Dominion Testimony at Upcoming Trial; Limits References to Jan. 6 Capitol Attack and Death Threats, Warns Network Against Using “Newsworthy” as a Defense

With Dominion Voting Systems’ $1.6 billion lawsuit against Fox News in court next week, the judge in this case has placed limits on what lawyers can and cannot bring before the jury.

Judge Eric M. Davis said he would qualify references to the Jan. 6 attack on the Capitol, saying they were prejudicial and irrelevant to the case.

“Stay away from it,” he told lawyers during a preliminary hearing on Tuesday.

Dominion’s lawyers argued that the credentials were important because reports showed Fox executives wanted to “steer away” from Donald Trump’s stolen election claims after the Capitol attack.

But Davis said lawyers could question a figure like Rupert Murdoch even more fully about why the network wanted to back away from Donald Trump and his allegations of voter fraud. In reports earlier in the case, Murdoch wrote to former CEO Preston Padden on January 8 that Fox News was “very busy. We want to make Trump a non-person.” A few days later, Murdoch told his son, Lachlan, that he was a Fox Corp. board member. had to say that “Fox News, which called the election right, is on as soon as possible. We have to guide our viewers, which is not as easy as it looks.”

The judge also limited what Dominion could tell the jury about threats the company received when Trump and his allies made numerous false claims that it was involved in voter fraud. Dominion lawyers argued that with the allegations against the company amplified on Fox News, the company was forced to tighten security and affected its ability to hire employees.

Davis said he doesn’t discount the threats, but “I don’t want the jury to be completely controlled by someone who doesn’t control Fox.” He said he would allow references to the threats in general, but warned Dominion lawyers not to go. in detail, unless Fox has a problem with it.

The judge said that he also received threats and sent them to the lawyers about the case.

While reviewing a number of motions, Davis also ruled in Dominion’s favor on several counts. He said Fox could not argue that a defense in the case outweighed the newsworthiness of allegations of voter fraud. The judge noted that he had already rejected that defense in the preliminary legal defense hearing last month.

However, Davis pointed out that Fox News personalities acting as witnesses cannot be prevented from saying they invited certain guests to their shows because they believe they are newsworthy. Dominion, Davis argued, could then easily contradict the witness on cross-examination. “I like that cross,” the judge said, pointing out that the election firm’s lawyers could only ask the witness why they wanted Sidney Powell or Rudy Giuliani, two Trump allies who made several guest appearances on the network immediately after the election. in 2020, called. but not others, such as election security experts.

Davis also said Fox could not defend itself by presenting evidence that it had aired segments elsewhere on the network that contradicted claims from Trump allies.

“You cannot exonerate yourself from defamation by having someone come at a different time and give a different testimony,” Davis said.

Dominion sued Fox News and later Fox Corp. for unsubstantiated allegations, reinforced by personalities and guests, that the company was involved in the manipulation of the 2020 presidential election.

The jury must decide whether Fox News was guilty of actual malice, or whether it knew the allegations about Dominion were false, or showed reckless disregard or something. The jury must also decide whether parent company Fox Corp. liability and the amount of damages that Company must pay if it decides in Dominion’s favor.

Fox News said it was covering the undoubtedly newsworthy allegations by Trump and his allies.

Jury selection in the case begins Thursday.

There is more to come.