Fox News Has ‘Credibility Problem’ For Failing To State Murdoch’s Role At Network, Judge Says

Topline

The judge overseeing Dominion Voting Systems’ $1.6 billion lawsuit against Fox News scolded the network Tuesday for failing to acknowledge that billionaire Rupert Murdoch holds an official title there in addition to his role as chairman of its Fox Corporation parent company, according to multiple reports, saying he is concerned about Fox News’ “credibility” heading into a trial to determine if it is liable for broadcasting false claims of fraud in the 2020 presidential election.

Rupert Murdoch introduces then-Secretary of State Mike Pompeo during the Herman Kahn Award Gala on … [+] October 30, 2019 in New York City. (AP Photo/Mary Altaffer, File)

Key Facts

Delaware Judge Eric Davis reportedly said at the end of an hours-long hearing Tuesday he was “not very happy” to learn the network withheld that Murdoch is a Fox News officer during earlier filings and court proceedings.

Davis said the misrepresentation meant he “could have made an entirely wrong decision” at earlier points in the case, though he did not indicate he is considering changing the trial start date—scheduled for Monday.

Dominion attorney Justin Nelson said in court Tuesday that the revelation means “we are missing a whole bunch of Rupert Murdoch documents that we otherwise would have been entitled to,” according to the Washington Post.

Murdoch, 92, serves as chairman of the board of Fox Corp., but Fox News does not publicly list him as having an officer role at the network.

A Fox News spokeswoman did not immediately respond to a request for comment from Forbes, but an attorney said in court that Murdoch’s Fox News role is an “honorific,” according to the Post.

Crucial Quote

“I need to feel comfortable that when you represent something to me, it’s the truth. I’m not very happy right now. I don’t know why this is such a difficult thing,” Davis reportedly said.

What To Watch For

Davis ruled last week that Murdoch can be called to testify at the trial, but it is unclear if he will. Top Fox News personalities like Sean Hannity, Tucker Carlson and Jeanine Pirro may also be called.

Tangent

Tuesday’s hearing was largely focused on resolving pretrial motions, like whether the January 6 storming of the Capitol could be invoked at the trial. Davis ruled it could not, saying it would be prejudicial against Fox News and is “not for this court at this time,” according to CNN. He also reportedly ruled that broadcasts where Fox reporters fact-checked election fraud claims are “not relevant” to the case.

Key Background

Dominion claims Fox News and its parent company, Fox Corp., immensely damaged its brand through airing falsehoods about the 2020 election—specifically conspiracy theories suggesting its voting machines were somehow rigged against former President Donald Trump. Fox attorneys have insisted the network was operating within its First Amendment rights to investigate the claims, painting the lawsuit as a dangerous attack on the free press. Murdoch, however, did state in a January deposition that he wished Fox News anchors had pushed back on the fraud claims more, saying, “I would have liked us to be stronger in denouncing it in hindsight.”

Forbes Valuation

We estimate Murdoch to be worth $17.7 billion, primarily through his media empire, which includes outlets like Fox News, the Wall Street Journal and the New York Post.