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Jury selection begins in defamation lawsuit against Fox News

ASSOCIATED PRESS / 2018
                                A headline about President Donald Trump is displayed outside Fox News studios in New York. Dominion Voting Systems’ defamation case against Fox News over its airing of false allegations about the 2020 presidential election will go to trial after a Delaware judge allowed a jury to decide whether the conservative network aired the claims with actual malice, the standard for proving libel.
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ASSOCIATED PRESS / 2018

A headline about President Donald Trump is displayed outside Fox News studios in New York. Dominion Voting Systems’ defamation case against Fox News over its airing of false allegations about the 2020 presidential election will go to trial after a Delaware judge allowed a jury to decide whether the conservative network aired the claims with actual malice, the standard for proving libel.

WILMINGTON, Del. >> Potential jurors in a defamation trial seeking to hold Fox News responsible for repeatedly airing false claims related to the 2020 presidential election were asked Thursday whether they were viewers of the network and had any opinions about allies of former President Donald Trump who helped spread the allegations after his loss.

It wasn’t clear how many of the potential jurors might have been dismissed after answering the questions because the jury selection process was closed to the media and public.

Potential jurors were questioned on whether they knew or had any opinion of lawyers Rudy Giuliani or Sidney Powell, who represented Trump after his defeat and appeared on Fox News programs. Members of the jury pool also were asked about Mike Lindell, the MyPillow CEO who has helped spread conspiracy theories related to voting machines.

News habits also were a key focus of the questionnaire given to potential jurors, who were asked whether they regularly watch or avoid Fox News programs and whether that would affect their ability to be fair and impartial.

Delaware Superior Court Judge Eric Davis previously made clear that the selection process would be done out of public view to ensure the privacy and safety of potential jurors.

“Because of the nature of the case and under the statute, I can take those steps to protect jurors,” the judge said Thursday, noting that the case has received international attention.

“I need to make sure that the jury remains unaffected by this,” Davis added.

Jury selection in Delaware is usually done in public but occasionally is closed, such as in high-profile criminal cases or those involving alleged gang activity.

The judge met privately with potential jurors and handed out forms asking several routine questions, including whether those in the jury pool have ever worked for, or know anyone who has worked for Fox or Dominion Voting Systems, the Colorado-based voting machine company that filed the defamation lawsuit.

They also were asked whether they know any of the potential witnesses for the trial, a list of nearly 120 names.

Davis previously rejected a request by lawyers for Dominion to ask potential jurors whether they believe the 2020 presidential election may have been stolen or illegitimate or whether President Joe Biden was fraudulently elected.

Dominion also unsuccessfully sought to have jurors questioned on whether they agreed that the company committed fraud by rigging the election or that Dominion’s software and algorithms manipulated vote counts.

Davis also didn’t allow questions related to some of the claims aired on Fox in the weeks after the election, including whether jurors agreed that Dominion is owned by a company founded in Venezuela to rig elections for the late strongman Hugo Chávez or that it paid kickbacks to government officials who used its machines that year.

Dominion is suing Fox for $1.6 billion, alleging it damaged the company by repeatedly airing such allegations. Internal Fox communications produced as part of the lawsuit show that many Fox executives and on-air hosts didn’t believe the claims but broadcast them anyway.

The judge began Thursday’s proceeding by denying a request by certain media outlets for permission to record and rebroadcast a live audio feed of the trial. The outlets sought similar permission for the jury selection, even though it is being done in private without audio access.

Davis told lawyers and media representatives in the courtroom that even providing an audio feed of the trial is unprecedented.

“You’re getting the most access of any media in a Superior Court case in Delaware,” he said.

Opening statements are scheduled for Monday in a trial expected to last six weeks.

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