Judge sanctions Fox News for withholding evidence in Dominion lawsuit

Source: The Hill | April 12, 2023 | Dominick Mastrangelo

A judge in Delaware has sanctioned Fox News for withholding evidence in Dominion Voting Systems’ blockbuster lawsuit against the company just days before the matter is set to go to trial.

Delaware Superior Court Judge Eric Davis expressed anger with the network’s lawyers and suggested he could order an investigation into an effort to withhold evidence from Dominion’s team as part of its process of discovery, according to a person in the courtroom during a pre-trail hearing on Wednesday.

Davis’s ruling came after lawyers for Dominion played a never-before revealed recording they obtained from former Fox producer Abby Grossberg of Rudy Giuliani, a top aide to former President Trump, speaking with Fox employees. Dominion’s lawyers said Grossberg has more recordings from her time inside Fox that she has shared with the company’s legal team.

Grossberg, who is also suing Fox and was fired by the network earlier this year, has said she was pressured by Fox’s lawyers to give false testimony in the Dominion case.

“They destroy people,” Grossberg, who worked as a producer for Maria Bartiromo, Tucker Carlson and other top hosts at the network, said during a recent television interview. “I realized that the answers that they wanted me to say were putting me in a very vulnerable position to be the company scapegoat.”

Grossberg had previously told Dominion’s lawyers in sworn depositions that she felt it wasn’t her responsibility to fact-check Trump’s false claims of voter fraud.

“I made the decision to keep my job so that I can keep paying my bills. It seemed like the safer decision for me at the time,” she said in her testimony. 

The judge on Wednesday instructed Fox’s lawyers to preserve their communications, and his ruling could open Fox up to another round of discovery that could unearth more revelations about the inner workings at the cable news giant around the time of the election.

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