Last Wednesday, Axios reporter Sara Fischer appeared on “CNN This Morning” to discuss the latest developments in the $1.6 billion defamation lawsuit brought against Fox News by Dominion Voting Systems where she expressed concern about what the lawsuit would mean to journalists.
CNBC recently reported that Delaware Superior Court Judge Eric Davis said if Dominion seeks the testimony of Fox Corp CEO Rupert Murdoch or other high-level Fox executives, he would not block the subpoenas but compel their testimony.
Fischer told “CNN This Morning” that if Dominion subpoenas Rupert Murdoch to testify in the trial, it could be potentially “explosive.”
Co-host Poppy Harlow pointed out that to prove actual malice, the “bar is high.” She added that Dominion would have to prove intent.
Fischer agreed but added that as a journalist, she is “a little bit worried” about the lawsuit. She said if Fox News loses the case, a precedent will be set for powerful people who want to sue a news organization, explaining that the actual malice bar will get “lowered” if Dominion wins the case.
Last Wednesday, Delaware Superior Court Judge Eric Davis sanctioned Fox News for withholding audio recordings of Bartiromo speaking with Trump’s lawyers Sidney Powell and Rudy Guiliani off-camera.
The recordings, which were cited by former Fox News producer Abby Grossberg in her separate lawsuit against the cable network, were turned over to Dominion’s attorneys after Fox learned of their existence.
In one recording, Giuliani told Bartiromo that he is not able to prove some of the allegations he made about Dominion. In another recording, Bartiromo suggested promoting Sidney Powell’s fundraising site during her broadcast.
Davida Brook, a lawyer for Dominion, told the judge that Fox only turned over the recordings the previous week after Grossberg revealed their existence in her amended lawsuit.
Judge Davis described the recordings as “extremely relevant” to the case since they directly relate to “one of the statements we are litigating.”