In addition to legal rulings severely limiting what defenses Fox News can raise during the Dominion defamation trial, the network has found itself in hot water with Delaware Superior Court Judge Eric Davis.
The judge sanctioned Fox last week for withholding evidence and said it had a “credibility problem.” Obviously, that’s not what lawyers want to hear from a judge at any point, much less heading into a lengthy trial.
The Dominion v. Fox News defamation trial is expected to begin Tuesday. Follow our live blog for the latest updates and expert analysis at msnbc.com/dominiontrial.
Now, former Fox News producer Abby Grossberg — whose recordings made while at the network have already been the subject of pretrial hearing controversy — has come forward with more evidence that could potentially be used against her former employer. According to exclusive NBC News reporting on Monday:
Grossberg, who worked as a senior producer for hosts Maria Bartiromo and Tucker Carlson, alleged in a new sworn statement obtained by NBC News that Fox lawyers ignored repeated reminders about an additional cellphone in her possession and did not search it during court-ordered discovery.
According to NBC News: Grossberg, in the new affidavit, said a forensic expert recently pulled two recordings off the broken phone that she recorded using an app called Otter, which simultaneously records and creates text transcriptions of audio files. The recordings, which she details in the affidavit and audio of which was shared with NBC News, are of phone interviews she participated in with Bartiromo: one with Sen. Ted Cruz, R-Texas, and another with two sources who claimed to know about Dominion voter fraud.
Grossberg’s lawyer said her statement would be filed with the court as early as Tuesday, NBC News reported. So this will be another storyline to follow heading into trial on Tuesday. Not that Dominion necessarily needs any more evidence. Fox certainly can’t afford to lose any more of the judge’s trust.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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