The defamation trial brought by Dominion Voting Systems against Fox News - which was to begin this Monday - was adjourned to Tuesday, Delaware Superior Court Judge Eric Davis announced, without giving reasons or explanation.
Jury selection should be decided this Tuesday morning with a panel of 12 jurors and 12 alternates. Opening arguments are expected to commence immediately after it is finalized. The trial is expected to last five to six weeks .
Fox representatives who could take the stand
Dominion is demanding $1.6 billion from Fox for "liquidated damages" and "additional punitive damages." The company is suing the media outlet for allegedly disseminating false news that accused them of manipulating the 2020 presidential election to prevent the re-election of former President Donald Trump.
The jury selected to resolve the case must answer a specific question:
Did Fox defame the voting machine company by airing false reports claiming that the election was rigged against then-President Donald Trump, even as many on the network doubted behind closed doors the false claims being promoted by Trump and his allies?
The voting machine company requested that the network's top anchors and executives appear on the stand. Among them could be well-known personalities such as: Suzanne Scott, CEO of Fox News; Jay Wallace, president of Fox News; and anchors Sean Hannity, Tucker Carlson, Maria Bartiromo, Laura Ingraham and Bret Baier.
Judge Davis previously argued that Dominion could compel testimony from Fox Corporation Chairman Rupert Murdoch and his son CEO Lachlan Murdoch: "Both parties have made these witnesses very relevant."
Precedents and money at stake
In 2020, when Trump lost the election to Joe Biden, the company alleged that Fox supported and propagated the former president's theories accusing them of election rigging. Among its main arguments is the dissemination of false and damaging information about its voting technology:
The lies were good for Fox's business.
Fox claimed that it was only reporting on statements made by the Trump Administration and its associates and argued that it is doing its job to protect "the rights of the free press." The news channel noted that a verdict in favor of Dominion would have "grave consequences" for a violation of First Amendment rights:
Dominion's lawsuit is a political crusade in pursuit of financial gain, but the real cost would be precious First Amendment rights.
The network also claimed that the $1.6 billion is an exaggerated amount designed to grab the headlines. However, punitive damages have no legal limit in Delaware.
The finances of Fox Corporation -owner of Fox News Channel- may be affected if it loses the lawsuit. According to its financial last statement, the income of the corporation was more than $4 billion. It is not known how much could be covered by their insurance policy.
