Delaware Judge Eric M. Davis said that Dominion would have to issue a trial subpoena to force such live testimony, but he would not quash it over issues of inconvenience or because they previously have sat for depositions. Davis cited court precedent that officers, directors and managing agents of a corporation can be compelled to appear.CNN And Fox News Carry Donald Trump's Post-Arraignment Speech, MSNBC Skips It; Former President Attacks D.A.
He also cited issues with Rupert Murdoch’s deposition and whether questions asked of him were clear or unfairly prejudicial.Dominion attorneys argued that executives Jerry Andrews, Gary Schreier, Tom Lowell and Ron Mitchell should be compelled to testify, as well as Irena Briganti, senior executive president of corporate communications. They also wanted Fox Corp. executive Raj Shah to testify live.
But Davis said that of that group, only Lowell could be compelled, but the judge also raised the possibility of the others testifying via Zoom. The trial is scheduled to start on April 17, with jury selection next week. Last week, Davis ruled that jurors will decide whether Fox’s airing of unfounded claims that Dominion rigged the results of the 2020 election amounted to actual malice, the threshold for proving defamation claim. Jurors also will decide whether Fox Corp., and not just Fox News, should be liable, as well as any damages to award Dominion.
Fox News confirmed this week that its live witness list includes hosts Maria Bartiromo, Tucker Carlson, Sean Hannity, Jeanine Pirro, Bret Baier, Will Cain, Dana Perino and Eric Shawn. Also on the list is Fox News Media CEO Suzanne Scott, Fox News President Jay Wallace, Fox Business President Lauren Petterson, Fox News COO and CFO Joe Dorrego, executive vice president Meade Cooper, Tucker Carlson Tonight senior executive producer Justin Wells and senior producer Alex Hooper.
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