Jury selection began Thursday in Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News, as both sides appear to be in court next week.
On the 7th floor of the Leonard Williams Justice Center in downtown Wilmington, DE, jurors are questioned one-on-one behind closed doors in hearings presided over by Judge Eric Davis and up to four attorneys and other representatives from both sides. Fox plans to bring in a jury consultant for this part of the process.
The judge said in an initial show-of-hands question of 82 jurors asking if they could be impartial, 23 did not raise their hands, leaving 59 for further questioning.
Judges and attorneys have been answering questions for the jury over the past few days. Davis instructed lawyers to avoid questions that would “spoil” the case. Example: A proposed Dominion question whether justices “know Steve Bannon personally”. He indicated to lawyers that he wanted to avoid questions about how a juror voted in 2020 and whether Joe Biden was “correctly selected.” He previously said he wanted to know if juries could be “fair and impartial”.
Both sides will, of course, be watching throughout the day to see if a juror shows any signs of bias. But the judge wants to keep much of the one-on-one questioning process under wraps, telling lawyers that given the high profile of the case, he is concerned about revealing the jurors’ identities.
One question is allowed: “Do you regularly watch Fox News programs on television or other media, including social media, and if so, does it interfere with your ability to be fair and impartial?” Conversely, the judge indicated he would also allow it for a question: “Do you avoid Fox News and does that affect your ability to be fair and impartial?”
As high-profile as the case is, it’s attracting reporters from around the world, but the judge won’t allow cameras, unlike last year’s Virginia defamation trial of Johnny Depp-Amber Heard. There will be an audio line for long-distance reporting, but Davis indicated Thursday he would likely decline a request from news organizations to allow the proceedings to be taped. “I’ve gone as far as I can go in terms of access,” Davis said.
Up to 50 reporters are expected to be authorized to report in person, meaning they can bring electronic devices into the courthouse. Three television crews lined up outside the courthouse in King Street Square on Thursday to prepare for a trial that could last six weeks or more.
As you might expect, an army of lawyers is present, with each party sitting in three rows of three on each side, making a total of 18 seats. Other members of the legal team sit in the front rows of the gallery.
Dominion sued Fox News and later its parent company, Fox Corp. with allegations that his hosts and guests reinforced false allegations that the voting system company was involved in falsifying the results of the 2020 presidential election. Newsworthy allegations by Donald Trump. But Davis said the network’s legal team could not use that as a defense. Instead, the jury will decide whether Fox was truly malicious, and whether she knew the allegations were false, or whether she acted in reckless disregard for the truth. Fox denies these allegations.
A settlement is always possible, especially in the days leading up to trial, but so far attorneys have engaged in some drama in pretrial challenges. Davis said this week that he plans to appoint a special counsel to investigate whether Fox withheld evidence until recently, including newly uncovered tapes of host Maria Bartiromo’s conversations with Trump allies Rudy Giuliani and Sidney Powell before their appearances at the November 2020 in her Sunday program.
Source: Deadline
Mary Crossley is an author at “The Fashion Vibes”. She is a seasoned journalist who is dedicated to delivering the latest news to her readers. With a keen sense of what’s important, Mary covers a wide range of topics, from politics to lifestyle and everything in between.
