The decision by House Oversight Democrats to formally request documents from former Fox News reporter Diana Falzone “trumps” her non-disclosure agreement (NDA) with the network.
Oversight Committee Chair Elijah Cummings (D-MD) requested the documents in a letter that MSNBC chief legal correspondent Ari Melber revealed on “The Beat” on Tuesday.
The request came after a bombshell New Yorker profile by Jane Mayer titled, “The Making of the Fox News White House.”
The story detailed how Falzone had the story of the Stormy Daniels hush money payment scandal before the 2016 election, but the story was reportedly spiked because Rupert Murdoch wanted Trump to win.
Melber interviewed attorney Nancy Erika Smith, who represents Falzone, about the letter from the House Oversight Committee.
“Nancy, what can you tell me about this request?” Melber asked. “Have you received it?”
“I have received the request, Ari, and I want to add to what I said on air exclusively to you the other night, a valid government investigation also trumps an NDA,” she noted.
“And so do you view this — even before it ever gets to a subpoena level — this request itself as something that you can comply, with, regardless of Fox News asking for your client’s silence?” Melber asked.
“Yes,” she replied.
“This is an exception to the NDA, you can — nobody can enter an NDA that will interfere with a government investigation,” she explained.