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Without citing a reason, the Delaware judge overseeing a voting machine company’s $1.6 billion defamation lawsuit against Fox News announced late Sunday that he was delaying the start of the trial until Tuesday.
The trial, which has drawn international interest, had been scheduled to start Monday morning with jury selection and opening statements.
The case centers on whether Fox defamed Dominion Voting Systems by spreading false claims that the company rigged the 2020 presidential election to prevent former President Donald Trump’s reelection. Records produced as part of the lawsuit show that many of the network’s hosts and executives didn’t believe the allegations but aired them, anyway.
Claire Bischoff, a Dominion spokesperson, said the company would have no comment on the trial delay. Representatives for Fox News and its parent company, Fox Corp., the entities Dominion is suing, did not immediately return requests for comment. In his statement, Delaware Superior Court Judge Eric Davis said only that the trial, including jury selection, would be continued until Tuesday and that he would announce the delay in court on Monday.
That’s when Fox News executives and the network’s star hosts were scheduled to begin answering for their role in spreading doubt about the 2020 presidential election and creating the gaping wound that remains in America’s democracy.
Jurors hearing the $1.6 billion lawsuit filed against Fox by Dominion Voting Systems would have to answer a specific question: Did Fox defame the voting machine company by airing bogus stories alleging that the election was rigged against then-President Donald Trump, even as many at the network privately doubted the false claims being pushed by Trump and his allies?
Yet the broader context looms large. A trial would test press freedom and the reputation of conservatives’ favorite news source. It also would illuminate the flow of misinformation that helped spark the Jan. 6, 2021, insurrection at the U.S. Capitol and continues to fuel Trump’s hopes to regain power in 2024.
Fox News stars Tucker Carlson and Sean Hannity and founder Rupert Murdoch are among the people who had been expected to testify.
Barring a settlement, opening statements are now scheduled for Tuesday.
“This is Christmas Eve for defamation scholars,” said RonNell Andersen Jones, a University of Utah law professor.
If the trial were a sporting event, Fox News would be taking the field on a losing streak, with key players injured and having just alienated the referee. Pretrial court rulings and embarrassing revelations about its biggest names have Fox on its heels.
