Delaware Superior Court Judge Eric Davis on Wednesday sanctioned Fox News and its parent company, Fox Corp., for withholding evidence in the Dominion defamation suit and said he’s considering further investigation and censure.
One of Grossberg’s attorneys, Parisis G. Filippatos, said that lawyers for Dominion Voting Systems played recordings Fox News producer Abby Grossberg made during 2020, which were not handed over to Dominion’s lawyers during discovery.
In an interview on MSNBC’s “Alex Wagner Tonight,” Filippatos shared audio also played during Wednesday’s court proceedings, with Rudy Giuliani telling Fox News host Maria Bartiromo in November 2020 “that’s a little harder to tell you — it’s being analyzed right now,” when asked about the voting software. Giuliani also said he “can’t prove” that then-House Speaker Nancy Pelosi had an interest in Dominion.
In a second clip, from December 2020, a Trump official can be heard telling Fox News “there weren’t any physical issues with the [voting] machines” during inspections.
Filippatos told Wagner, “If Dominion had these audio tapes and been able to use it in their summary judgment motion, maybe they would have gotten a complete victory.”
Grossberg, a former producer for Fox hosts Bartiromo and Tucker Carlson, has sued Fox News and said her deposition was coerced. In an amended filing Tuesday, she said she had recorded conversations with Giuliani, Sidney Powell and others.
The judge’s sanction gives Dominion a chance to conduct another deposition, at Fox’s expense.
“As counsel explained to the Court, FOX produced the supplemental information from Ms. Grossberg when we first learned it,” Fox News said in a statement Wednesday.
The surprise evidence and sanction come days before the trial is scheduled to begin in the $1.6 billion defamation case Dominion Voting Systems filed against Fox News and Fox Corp. Davis also said Wednesday he was considering appointing a special master to investigate the Fox legal teams’…
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