A judge late Sunday delayed the start of the $1.6 billion defamation lawsuit filed by election-machine maker Dominion against Fox News, moving it from Monday to Tuesday.
Delaware Judge Eric Davis, who is overseeing the trial, did not offer an explanation for the move. Barring an 11th-hour settlement, the trial had been slated to begin Monday morning.
Jury selection and opening statements were to kick off a trial to decide whether Fox defamed Dominion Voting Systems when it falsely reported allegations that the company had rigged its ballot machines to keep former President Donald Trump from winning a second term in 2020.
The network covered the falsehoods even though executives and hosts knew none of it was true, according to published reports. Fox Corp. chairman Rupert Murdoch has been told he’ll have to testify, and several anchors may be called to the stand, as well.
Dominion filed the lawsuit in 2021.
“The truth matters,” the company said in the suit filed in Delaware Superior Court. “Lies have consequences. Fox sold a false story of election fraud in order to serve its own commercial purposes, severely injuring Dominion in the process. If this case does not rise to the level of defamation by a broadcaster, then nothing does.”
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The company is reportedly considering a suit against Trump himself. It had no comment on the trial delay Sunday. Fox reps didn’t immediately answer the Associated Press’ requests for comment.
Fox News has strongly denied Dominion’s allegations, saying it was dutifully reporting on allegations made by Trump’s reps.
In the aftermath of Trump’s 2020 election loss, the network repeatedly presented false claims that Democrats had stolen the election as legitimate.
Analysts say Dominion needs to prove that Fox acted with actual malice when it aired allegations it knew were false, or was acting with a “reckless disregard” for the truth.
The jury will also have to determine whether Murdoch, who has already testified in a deposition that he knew election fraud didn’t happen, was in a position to keep the false accusations from airing.
With News Wire Services
Theresa Braine
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