A state judge in Delaware on Wednesday dealt a massive blow to Fox News in the $1.6 billion defamation suit brought by Dominion Voting Systems, accusing the network's legal team of misrepresenting facts and withholding evidence, and appointing a special master to determine the extent of the misconduct.
This is a devastating setback for Fox, argued CNN analyst Oliver Darcy on "OutFront" — and it worsens its legal prospects in the trial, which is scheduled to start with jury selection this week.
"So another dramatic day in court, I think we should say," said anchor Erica Hill. "What else happened today?"
"There's no way to cut it other than to say this was a no good, very bad day for Fox News in court on the eve of this $1.6 billion trial," said Darcy. "Jury selection, as you said, is slated to start tomorrow. The judge is really losing confidence in Fox, and he thinks at this point that it's possible they misled the court and withheld evidence. Like you said, he's going to be appointing a special master to investigate that."
Should that special master find evidence that Fox and its legal team did deliberately mislead the court, Darcy continued, "it will spell very bad news for the company in the trial."
"This case is supposed to start on Monday with opening arguments, and Fox is not in a great position," said Darcy. "They're saying, of course, that they weren't intentionally withholding evidence. But the judge saying in court, he is very concerned, he says. This is very serious, and he says this is very — he's very uncomfortable right now. Not the way you really want to go into $1.6 billion defamation case."
In addition to denying they withheld evidence, Fox News maintains its news coverage of the 2020 presidential election was not in any way defamatory of Dominion.
Oliver Darcy on judicial sanctions against Fox Newswww.youtube.com
