Wilmington, Delaware

CNN
—
Dominion Voting Systems can’t bring up the January 6 insurrection during its upcoming defamation
trial against Fox News, a Delaware judge ruled Tuesday, who also revealed at a hearing that he has
been receiving death threats.

The voting technology company sued Fox News over the right-wing network’s promotions of false
claims that Dominion machines rigged the 2020 election. But almost all of the allegedly defamatory
statements mentioned in Dominion’s lawsuit occurred before the January 6, 2021, storming of the US
Capitol by supporters of then-President Donald Trump.

Delaware Superior Court Judge Eric Davis said at a hearing Tuesday that invoking January 6 would be
too prejudicial with the jury, and that the case isn’t about whether Fox News “influenced” the
insurrection.

“That may be for another court at another time, but it’s not for this court at this time,” Davis said.

The judge issued rulings on nearly two dozen pretrial motions that will set the stage for the historic
trial, which is set to kick off this week, with jury selection on Thursday. Dominion is seeking $1.6
billion in damages. Fox says it didn’t defame anyone and that the case is a meritless assault on press
freedoms.
Threats against the judge
The judge also revealed Tuesday that he has received death threats.

“I’ve sent you things that I’ve received,” Davis told lawyers from both sides, during a discussion about
separate death threats targeting Dominion employees.

The discussion revolved around whether Dominion can bring up the threats and harassment that its
employees have faced after the 2020 election, which one Dominion lawyer said has instilled “terror”
among its employees and has “devastated” the company’s ability to recruit and retain staff.

Davis ruled that Dominion can tell the jury about the existence of the threats, but can’t get into the
content of the threats, because Fox obviously doesn’t directly control what uninvolved third parties
say.

“I’m not downplaying it,” Davis said to the Dominion lawyers. “You need to take every threat
seriously. I take every threat seriously.”

Dominion has argued that many of the threats were inspired by Fox, which the network denies. If
Dominion wins, it wants Fox to pay for the beefed-up security measures that it implemented after
2020.

A court spokesperson declined to comment about the threats against Davis. The judge did not
disclose any details about the threats against him, or whether any of them were deemed credible.
Threats against the judge
The judge also revealed Tuesday that he has received death threats.

“I’ve sent you things that I’ve received,” Davis told lawyers from both sides, during a discussion about
separate death threats targeting Dominion employees.

The discussion revolved around whether Dominion can bring up the threats and harassment that its
employees have faced after the 2020 election, which one Dominion lawyer said has instilled “terror”
among its employees and has “devastated” the company’s ability to recruit and retain staff.
Davis ruled that Dominion can tell the jury about the existence of the threats, but can’t get into the
content of the threats, because Fox obviously doesn’t directly control what uninvolved third parties
say.

“I’m not downplaying it,” Davis said to the Dominion lawyers. “You need to take every threat
seriously. I take every threat seriously.”

Dominion has argued that many of the threats were inspired by Fox, which the network denies. If
Dominion wins, it wants Fox to pay for the beefed-up security measures that it implemented after
2020.

A court spokesperson declined to comment about the threats against Davis. The judge did not
disclose any details about the threats against him, or whether any of them were deemed credible.
In an unexpected twist near the end of the daylong hearing, the judge scolded Fox’s lawyers after
Dominion revealed that network had serially obfuscated Rupert Murdoch’s official role at the
company.

Murdoch is the chairman of Fox Corporation, the parent company of Fox News. The network’s lawyers
have maintained for years that he had no official title at Fox News. But over the weekend, they
conceded that he is also an officer at Fox News.

This distinction – albeit technical – could have significant legal implications. Dominion claimed this
blocked them from getting Murdoch-related documents in discovery. And by further tying Murdoch to
Fox News, and not just to its parent company, Dominion may have more paths to prove actual malice.

“You have a credibility problem,” Davis told Fox’s lawyers, adding, “I don’t know if this is something
that we have to turn the battleship around,” with the trial looming, but “I need to feel comfortable
that when you represent something with me that it’s the truth – and that was not true.”

A Fox lawyer pushed back by saying Murdoch’s role at Fox News was just an “honorific title” and that
he wasn’t directly involved with any of the allegedly defamatory broadcasts after the 2020 election.

“I hope you’re not being cagey with me,” Davis continued. “…I don’t know why this is such a difficult
thing… To say you don’t know who your officers are, seems extremely bizarre to me.”

As the hearing wrapped, Davis brought up the subject again, clearly frustrated by the revelation.

“I’m not mad at you, I’m mad at the situation I’m in,” Davis told the Fox lawyers. “…It was represented
to me on multiple occasions that he’s not an officer at Fox News.”

In a statement late Tuesday night, a Fox spokesperson pushed back on Dominion’s claims that it
withheld information about Murdoch’s role.

“Rupert Murdoch has been listed as executive chairman of Fox News in our SEC filings since 2019 and
this filing was referenced by Dominion’s own attorney during his deposition,” the spokesperson said.
In an unexpected twist near the end of the daylong hearing, the judge scolded Fox’s lawyers after
Dominion revealed that network had serially obfuscated Rupert Murdoch’s official role at the
company.

Murdoch is the chairman of Fox Corporation, the parent company of Fox News. The network’s lawyers
have maintained for years that he had no official title at Fox News. But over the weekend, they
conceded that he is also an officer at Fox News.

This distinction – albeit technical – could have significant legal implications. Dominion claimed this
blocked them from getting Murdoch-related documents in discovery. And by further tying Murdoch to
Fox News, and not just to its parent company, Dominion may have more paths to prove actual malice.
“You have a credibility problem,” Davis told Fox’s lawyers, adding, “I don’t know if this is something
that we have to turn the battleship around,” with the trial looming, but “I need to feel comfortable
that when you represent something with me that it’s the truth – and that was not true.”

A Fox lawyer pushed back by saying Murdoch’s role at Fox News was just an “honorific title” and that
he wasn’t directly involved with any of the allegedly defamatory broadcasts after the 2020 election.

“I hope you’re not being cagey with me,” Davis continued. “…I don’t know why this is such a difficult
thing… To say you don’t know who your officers are, seems extremely bizarre to me.”

As the hearing wrapped, Davis brought up the subject again, clearly frustrated by the revelation.

“I’m not mad at you, I’m mad at the situation I’m in,” Davis told the Fox lawyers. “…It was represented
to me on multiple occasions that he’s not an officer at Fox News.”

In a statement late Tuesday night, a Fox spokesperson pushed back on Dominion’s claims that it
withheld information about Murdoch’s role.

“Rupert Murdoch has been listed as executive chairman of Fox News in our SEC filings since 2019 and
this filing was referenced by Dominion’s own attorney during his deposition,” the spokesperson said.
In an unexpected twist near the end of the daylong hearing, the judge scolded Fox’s lawyers after
Dominion revealed that network had serially obfuscated Rupert Murdoch’s official role at the
company.

Murdoch is the chairman of Fox Corporation, the parent company of Fox News. The network’s lawyers
have maintained for years that he had no official title at Fox News. But over the weekend, they
conceded that he is also an officer at Fox News.

This distinction – albeit technical – could have significant legal implications. Dominion claimed this
blocked them from getting Murdoch-related documents in discovery. And by further tying Murdoch to
Fox News, and not just to its parent company, Dominion may have more paths to prove actual malice.

“You have a credibility problem,” Davis told Fox’s lawyers, adding, “I don’t know if this is something
that we have to turn the battleship around,” with the trial looming, but “I need to feel comfortable
that when you represent something with me that it’s the truth – and that was not true.”

A Fox lawyer pushed back by saying Murdoch’s role at Fox News was just an “honorific title” and that
he wasn’t directly involved with any of the allegedly defamatory broadcasts after the 2020 election.

“I hope you’re not being cagey with me,” Davis continued. “…I don’t know why this is such a difficult
thing… To say you don’t know who your officers are, seems extremely bizarre to me.”

As the hearing wrapped, Davis brought up the subject again, clearly frustrated by the revelation.

“I’m not mad at you, I’m mad at the situation I’m in,” Davis told the Fox lawyers. “…It was represented
to me on multiple occasions that he’s not an officer at Fox News.”

In a statement late Tuesday night, a Fox spokesperson pushed back on Dominion’s claims that it
withheld information about Murdoch’s role.

“Rupert Murdoch has been listed as executive chairman of Fox News in our SEC filings since 2019 and
this filing was referenced by Dominion’s own attorney during his deposition,” the spokesperson said.
In an unexpected twist near the end of the daylong hearing, the judge scolded Fox’s lawyers after
Dominion revealed that network had serially obfuscated Rupert Murdoch’s official role at the
company.
Murdoch is the chairman of Fox Corporation, the parent company of Fox News. The network’s lawyers
have maintained for years that he had no official title at Fox News. But over the weekend, they
conceded that he is also an officer at Fox News.

This distinction – albeit technical – could have significant legal implications. Dominion claimed this
blocked them from getting Murdoch-related documents in discovery. And by further tying Murdoch to
Fox News, and not just to its parent company, Dominion may have more paths to prove actual malice.

“You have a credibility problem,” Davis told Fox’s lawyers, adding, “I don’t know if this is something
that we have to turn the battleship around,” with the trial looming, but “I need to feel comfortable
that when you represent something with me that it’s the truth – and that was not true.”

A Fox lawyer pushed back by saying Murdoch’s role at Fox News was just an “honorific title” and that
he wasn’t directly involved with any of the allegedly defamatory broadcasts after the 2020 election.

“I hope you’re not being cagey with me,” Davis continued. “…I don’t know why this is such a difficult
thing… To say you don’t know who your officers are, seems extremely bizarre to me.”

As the hearing wrapped, Davis brought up the subject again, clearly frustrated by the revelation.

“I’m not mad at you, I’m mad at the situation I’m in,” Davis told the Fox lawyers. “…It was represented
to me on multiple occasions that he’s not an officer at Fox News.”

In a statement late Tuesday night, a Fox spokesperson pushed back on Dominion’s claims that it
withheld information about Murdoch’s role.

“Rupert Murdoch has been listed as executive chairman of Fox News in our SEC filings since 2019 and
this filing was referenced by Dominion’s own attorney during his deposition,” the spokesperson said.
In an unexpected twist near the end of the daylong hearing, the judge scolded Fox’s lawyers after
Dominion revealed that network had serially obfuscated Rupert Murdoch’s official role at the
company.

Murdoch is the chairman of Fox Corporation, the parent company of Fox News. The network’s lawyers
have maintained for years that he had no official title at Fox News. But over the weekend, they
conceded that he is also an officer at Fox News.

This distinction – albeit technical – could have significant legal implications. Dominion claimed this
blocked them from getting Murdoch-related documents in discovery. And by further tying Murdoch to
Fox News, and not just to its parent company, Dominion may have more paths to prove actual malice.

“You have a credibility problem,” Davis told Fox’s lawyers, adding, “I don’t know if this is something
that we have to turn the battleship around,” with the trial looming, but “I need to feel comfortable
that when you represent something with me that it’s the truth – and that was not true.”

A Fox lawyer pushed back by saying Murdoch’s role at Fox News was just an “honorific title” and that
he wasn’t directly involved with any of the allegedly defamatory broadcasts after the 2020 election.

“I hope you’re not being cagey with me,” Davis continued. “…I don’t know why this is such a difficult
thing… To say you don’t know who your officers are, seems extremely bizarre to me.”

As the hearing wrapped, Davis brought up the subject again, clearly frustrated by the revelation.

“I’m not mad at you, I’m mad at the situation I’m in,” Davis told the Fox lawyers. “…It was represented
to me on multiple occasions that he’s not an officer at Fox News.”

In a statement late Tuesday night, a Fox spokesperson pushed back on Dominion’s claims that it
withheld information about Murdoch’s role.
“Rupert Murdoch has been listed as executive chairman of Fox News in our SEC filings since 2019 and
this filing was referenced by Dominion’s own attorney during his deposition,” the spokesperson said.