The Dominion-Fox News trial hasn’t even started and there’s already news

We are less than a week away from the scheduled start of Dominion Voting Systems’ $1.6 billion trial against Fox News about the 2020 presidential election. But more news is being made ahead of the trial.

Tuesday was a big day as the judge in the case ruled on several pretrial motions. The day then ended with the judge scolding Fox’s legal team.

One of the notable rulings was Dominion cannot mention the Jan. 6 insurrection as a part of its case. Delaware Superior Court Judge Eric Davis said bringing up Jan. 6 would be prejudicial and that this case has nothing to do with whether or not Fox News “influenced” the events of Jan. 6.

Davis said, “To say somehow that Fox influenced that, I’m not deciding that part. We’re not putting the Jan. 6 attack on (trial). That may be for another court at another time. It’s not for this one.”

That ruling went in favor of Fox News, but the judge also ruled in favor of Dominion on other motions. He said Dominion can ask witnesses about Fox News’ strategy after the insurrection. As an example, after Jan. 6, Rupert Murdoch, chair of Fox Corp., the parent company of Fox News, mentioned in an email that Fox was “pivoting as far as possible.” Dominion is allowed to ask about that and other post-Jan. 6 strategies.

Dominion’s lawsuit claims that Fox News knowingly pushed false conspiracy theories about Dominion following the 2020 election and did so to keep from losing viewers. Fox News has claimed all along that it merely was covering what former President Donald Trump and his close advisers were saying about the 2020 election.

In a win for Dominion on Tuesday, Davis ruled that Fox News may not bring up newscasts in which Fox News’ on-air personalities fact-checked Trump and his supporters over election lies. Davis said those moments “were not relevant,” adding, “you can’t absolve yourself of defamation by putting someone else on at a different time.”

Davis also ruled that Dominion may bring up Fox News’ financial information, including salaries of top executives and talent. He said, “Economics are relevant.”

CNN’s Marshall Cohen, who is in Wilmington, Delaware, for the trial, wrote, “But Davis warned the network’s lawyers not to undercut or circumvent his rulings during their opening statements to the jury, when the high-stakes defamation trial kicks off next week. Davis issued the warning to both sides but zeroed in on Fox News. If Fox invokes legal defenses that Davis previously ruled were inadmissible, then ‘I will stop you and I will tell the jury that what you just said is incorrect’ and to ‘disregard what you just said,’ Davis said.”

In addition, it’s not totally shocking but it is troubling to hear that Davis said he has received death threats. He told attorneys for both sides, “I’ve sent you things that I’ve received.” Dominion employees also have been the target of threats.

That was part of a discussion when Dominion asked if they would bring up those threats at trial. Davis said they could say that the threats exist, but not give specifics because Fox can’t control what others may say.

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

Cohen wrote, “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.”

Meanwhile, at the end of the day, more drama. Dominion’s attorneys argued that Fox News misled them about Murdoch’s role with the company. They said they were led to believe that Murdoch only had a title at Fox News’ parent company, but not Fox News itself. But it turns out that Murdoch also holds a title at Fox News.

Dominion attorney Justin Nelson argued before the court, “This alone has meant that we are missing a whole bunch of Rupert Murdoch documents that we otherwise would have been entitled to. It’s very troubling that this is where we are. It’s something that has really affected how we have litigated this case.”

The judge then scolded Fox’s attorneys, telling them that they have a “credibility problem.” Fox attorneys argued that Murdoch’s title at Fox News is more of an “honorific title.”

Davis said, “I hope you’re not being cagey with me.”

Davis also said, “My problem is that it’s been represented more than once to me that he’s not an officer of Fox News. 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.”

In a statement, a spokesperson for Fox News said, “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.” 

Before the hearing was over, the judge mentioned it again, telling a Fox lawyer, “I’m not mad at you. I’m mad at the situation I’m in. So, I have to figure out how I deal with that.”

The trial is set to start next Monday.

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Covering a war

Before a couple of weeks ago, the last time I spoke with Isabelle Khurshudyan was during the 2018 Stanley Cup playoffs when the Washington Capitals played the Tampa Bay Lightning in the Eastern Conference final. Khurshudyan was covering the series for The Washington Post and I was writing about it for the Tampa Bay Times.

Since then, Khurshudyan’s career has taken a dramatic turn. She is now the Ukraine bureau chief for the Post, covering the war from Kyiv and around the war-torn country.

I recently caught up again with Khurshudyan over the phone, and we talked about what it’s like to live and work in a country in the midst of a war. I wrote a story — “Covering a war: A conversation with Isabelle Khurshudyan, Washington Post Ukraine bureau chief” — that you can read on Poynter’s website.

The question that I most wanted to ask Khurshudyan was why? She could be back here in the U.S., safe and sound, covering hockey or politics. So why cover war?

She told me, “I think to be confronted with some of the rawest, realist, most human emotion — that’s the kind of journalism that makes you addicted to war reporting. You’re just faced with all of these emotions all the time: grief playing out in front of you in real time, or loss, or incredible bravery. You’re witnessing it all yourself. … And that’s what makes people want to do war reporting, probably. At least that’s the case with me.

“When I think about the past year, I’ve seen the best of humanity, the absolute worst of humanity, and sometimes I’ve seen both within minutes. And it makes for really powerful storytelling that’s important. It’s a rarity and gift that you get to write about something that really, really matters that the world needs to know about it.”

Check out my Poynter story for more of Khurshudyan’s experiences in Ukraine.

Making a statement

The family of Wall Street Journal reporter Evan Gershkovich, who is being detained in Russia on charges of espionage, put out a statement on Tuesday following a call from President Joe Biden. The Journal and the U.S. government strongly deny Russia’s claims that Gershkovich is a spy and on Monday, the State Department designated Gershkovich as “wrongfully detained.”

In their statement, the family said, “We are encouraged that the State Department has officially designated Evan as wrongfully detained. We appreciate President Biden’s call to us today, assuring us that the U.S. government is doing everything in its power to bring him home as quickly as possible. In addition to being a distinguished journalist, Evan is a beloved son and brother. There is a hole in our hearts and in our family that won’t be filled until we are reunited. We are grateful for the outpouring of support from his colleagues, friends and everyone standing with Evan and advocating for his immediate release.”

White House press secretary Karine Jean-Pierre told reporters that Biden’s call with Gershkovich’s family “made it clear that his national security team has been and will remain focused on securing Evan’s release as well as that of Paul Whelan, both of whom are wrongfully detained in Russia.”

Whelan, a former U.S. Marine and corporate security executive, is serving a 16-year prison sentence for espionage after being arrested in 2018 — a conviction that the U.S. believes came after an unfair trial.

Jean-Pierre said Tuesday, “The charges against Evan are completely baseless. He should be released immediately.”

Now that Gershkovich is considered to be “wrongfully detained,” the case will be handled by the State Department’s Office of the Special Presidential Envoy for Hostage Affairs. That department focuses on negotiating the release of hostages and those classified as wrongfully detained in foreign lands

National Security Council coordinator for strategic communications John Kirby told reporters Tuesday, “Internally, we’re certainly having discussions about what we can do to get him released. I don’t want to go into details about these internal deliberations. Having things out in the public sphere this early might actually make it harder to get Evan and Paul home.”

He also said the Russian government has yet to give the U.S. consular access to Gershkovich, adding, “It’s not for lack of trying. (We’ve been seeking that) ever since the moment we found out that he was detained.”

Griner’s experience

Another American who was wrongfully detained in Russia is basketball star Brittney Griner. The WNBA player was detained in Russia for 10 months last year on charges of having cannabis oil in her luggage. She was sentenced to nine years in prison, but the U.S. negotiated a prisoner swap and Griner returned home last December. Griner was in Russia playing professional basketball during the WNBA offseason.

Now Griner says she is ready to share her story in a memoir. In a statement, she said, “After an incredibly challenging 10 months in detainment, I am grateful to have been rescued and to be home. Readers will hear my story and understand why I’m so thankful for the outpouring of support from people across the world.”

Griner called her time detained “unfathomable.” She also hopes her story raises awareness for others wrongfully detained, including Gershkovich and Whelan.

The memoir is scheduled to be released in the spring of 2024, and also will include a young adult edition.

Sports Emmys

Nominations for the 44th annual Sports Emmys came out on Tuesday. There are 47 categories overall. ESPN led the way with 59 nominations, followed by NBC Sports (38) and Fox Sports (33).

In the more notable categories:

• Best weekly studio show: ESPN’s “College GameDay”; “Fox NFL Sunday”; TNT’s “Inside the NBA”; ESPN’s “Monday Night Countdown”; and Nickelodeon’s “NFL Slimetime.”
• Best daily studio show: MLB Network’s “MLB Tonight”; ESPN’s “NFL Live”; ESPN’s “Pardon the Interruption”; Peacock and Roku’s “The Rich Eisen Show”; and ESPN’s “SportsCenter.”
• Best studio host: James Brown (CBS), Rece Davis (ESPN), Rich Eisen (NFL Network), Mike Tirico (NBC/Golf Channel), Scott Van Pelt (ESPN).
• Best studio analyst: Charles Barkley, Shaquille O’Neal and Kenny Smith from TNT; Tom Verducci (MLB Network), Ryan Clark (ESPN/ABC), Nate Burleson (CBS/Nickelodeon/NFL Network), Jay Bilas (ESPN).
• Best play-by-play announcer: Kenny Albert (Fox/TNT/NBC), Mike Breen (ABC), Joe Buck (ESPN), Ian Eagle (CBS/TNT), Chris Fowler (ESPN/ABC), Al Michaels (Prime Video), Mike Tirico (NBC).
• Best game analyst: Cris Collinsworth (NBC), Gary Danielson (CBS), Peyton Manning (ESPN2), Bill Raftery (CBS/TNT), John Smoltz (Fox).

The winners will be announced in New York City on May 22. HBO Sports’ Bryant Gumbel will receive the Lifetime Achievement Award.

Instagram post of the day

Michael Che, one of the anchors/writers on “Saturday Night Live’s” “Weekend Update” segment, posted this on Instagram on Tuesday:

“ya kno... a lot of people are not drinking bud light, cause the company used a trans person in their ad.. and these mostly right wing bud light customers have tossed all their bud lights in the trash in a blind rage.. and it got me ta’thinkin.. just hear me out.. what if we got trans people.. hear me out.. to do ads for guns..?”

Media tidbits

• My Poynter colleague Roy Peter Clark has a new must-read book out about writing called “Tell It Like It Is: A Guide to Clear and Honest Writing.” Katharine Gammon has more about the book here.
• The Washington Post’s Drew Harwell with “‘Claudia’ offers nude photos for pay. Experts say she’s an AI fake.”
• CNN’s Oliver Darcy first reported it, and then former CNN media writer Brian Stelter confirmed it: Stelter will cover the Dominion Voting Systems-Fox News trial for Vanity Fair.
• Poynter’s Kelly McBride with “Local newsrooms want to stop sensationalizing crime, but it’s hard.”
• Fox News’ Tucker Carlson interviewed Donald Trump, and Trump claims employees at the New York City courthouse during his arraignment last week were crying and apologizing to him. Mediaite’s Jennifer Bowers Bahney has more.
• The Los Angeles Times’ Priscella Vega with “Rosemary Kaul, groundbreaking L.A. Times photojournalist, dies.”

Hot type

• Important video work that should anger you from The New York Times’ Adam Westbrook and Emily Holzknecht about noncompete clauses for workers: “The Great American Labor Trap.”
• For The Washington Post, Champe Barton and Tom Jackman with “Popular handgun fires without anyone pulling the trigger, victims say.”
• Love this column by USA Today’s Rex Huppke: “Why I decided to shoot all my Bud Light: A letter to my ‘woke’ liberal neighbors.”

More resources for journalists

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• Telling the Stories of Faith and the Faithful — New York City, May 12 (Seminar) — Register by April 21.
• Lead With Influence (July 2023) (Seminar) — Apply by June 2.
• Transform your newsroom’s reporting on crime and criminal justice with our 24-week online seminar. Apply by April 21.

Have feedback or a tip? Email Poynter senior media writer Tom Jones at [email protected].