Without citing a reason, the Delaware judge overseeing a voting machine company's US$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.
Jurors hearing the US$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?
Court papers released over the past two months show Fox executives, producers and personalities privately disbelieved Trump's claims of a fraudulent election. But Dominion says Fox News was afraid of alienating its audience with the truth, particularly after many viewers were angered by the network's decision to declare Democrat Joe Biden the winner in Arizona on election night in November 2020.
New York law protects news outlets from defamation for expressions of opinion. But Davis methodically went through 20 different times on Fox when allegations against Dominion were discussed, ruling that all of them were fully or partly considered statements of fact, and fair game for a potential libel finding.
It's not clear whether that would affect a trial. But it's generally not wise to have a judge wonder at the outset of a trial whether your side is telling the truth, particularly when truth is the central point of the case, Jones said.
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