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A2   UP FRONT
                    Thursday 13 april 2023
            Judge admonishes Fox lawyers over evidence gap in libel case




            Continued from Front                                                                                                email,  but  apparently  dis-
                                                                                                                                cussed  its  contents  with
            The  judge  had  expressed                                                                                          Trump’s  son,  Eric  Trump,
            his  displeasure  at  the  late                                                                                     and  sent  a  reply  to  Pow-
            disclosure  regarding  Mur-                                                                                         ell:  “I  just  spoke  to  Eric  &
            doch  and  became  even                                                                                             told him you gave very imp
            more  perturbed  Wednes-                                                                                            info,” Bartiromo wrote Pow-
            day when he was told that                                                                                           ell.
            Fox also did not reveal the                                                                                         Davis  said  he  would  allow
            recordings made by a for-                                                                                           Dominion  to  question  Bar-
            mer  producer  for  Bartiro-                                                                                        tiromo  under  oath  again,
            mo. The recordings were of                                                                                          at  Fox’s  expense,  though
            conversations the host had                                                                                          there  was  no  immediate
            with  Giuliani  and  Powell                                                                                         indication  from  Dominion
            before and after her show.                                                                                          that it would do so.
            Their  existence  surfaced  in                                                                                      The judge said he also was
            a  lawsuit  the  former  pro-                                                                                       likely to ask a special mas-
            ducer,  Abby  Grossberg,                                                                                            ter  to  investigate  how  Fox
            has filed against Fox alleg-                                                                                        attorneys handled the issue
            ing  that  the  network’s  at-                                                                                      of Rupert Murdoch’s role at
            torneys  forced  her  to  give                                                                                      Fox News.
            misleading deposition testi-                                                                                        Fox  Corp.  had  asserted
            mony in an effort to protect                                                                                        since Dominion filed its law-
            the  company  in  the  defa-  Rupert Murdoch introduces Secretary of State Mike Pompeo during the Herman Kahn Award Gala   suit  in  2021  that  Murdoch
            mation case.                 on Oct. 30, 2019, in New York.                                                         had  no  official  role  at  Fox
            In  one  pre-show  conver-                                                                         Associated Press  News.  In  its  filings,  it  had
            sation on Nov. 8, 2020, just                                                                                        listed Fox News’ officers as
            days  after  the  presidential  the  company  by  repeat-  revealed how Fox used the  Brook  told  the  judge  that  Jay  Wallace,  Joe  Dorrego
            election,  Bartiromo  asked  edly airing false allegations  false election claims to win  Dominion   only   recently  and  Suzanne  Scott,  who  is
            Giuliani  whether  he  had  that  its  machines  and  the  back  viewers  who  were  learned  that  Powell  had  the network’s chief execu-
            information  about  Domin-   software  they  used  rigged  angered after the network  forwarded  to  Bartiromo  tive officer. But on Sunday,
            ion’s software, which some  the  2020  presidential  elec-  correctly  called  Arizona  an  email  Powell  received  Fox disclosed to Dominion’s
            people had alleged could  tion  to  prevent  Trump’s  for  Joe  Biden  on  election  in  November  2020  from  a  attorneys  that  Murdoch
            be manipulated.              reelection.  Records  pro-   night.                       woman  who  described  a  also is “executive chair” at
            “That’s  a  little  harder.  It’s  duced  as  part  of  the  law-  The  judge  on  Wednesday  wide  range  of  conspiracy  Fox News.
            being analyzed right now,”  suit show many executives  said  he  was  considering  theories,  including  those  The  judge  Wednesday  or-
            Giuliani responded.          and  hosts  didn’t  believe  asking  a  special  master  to  involving claims of election  dered  Fox  attorneys  to
            A  week  later,  Giuliani  said  the claims, but aired them  investigate  actions  taken  fraud.                    collect  and  preserve  all
            on  Bartiromo’s  show  that  anyway.                      by Fox attorneys after they  In her deposition, Bartiromo  internal   communications
            the  software  had  been  There  was  no  indication  had certified to the court in  said she didn’t know if she  regarding  the  matter.  Ear-
            developed by a company  that  the  recent  develop-       December  that  they  had  even  saw  the  email.  “It’s  lier  in  the  day,  he  denied
            founded  by  Venezuelan  ments would delay the trial,  complied  with  their  obli-    not anything I looked at or  Dominion’s request to hold
            strongman  Hugo  Chavez  which is scheduled to start  gations  to  produce  docu-      considered  real,”  she  said  separate  trials  based  on
            and  had  been  used  to  Thursday with jury selection,  ments.  That  could  include  under oath.                  the new information about
            cheat in elections in South  but  they  dealt  additional  Fox  failing  to  disclose  the  But  on  Wednesday,  the  Murdoch’s  roles  —  one
            America.                     blows to Fox in a lawsuit that  Grossberg  recordings  and  judge was shown an email  for  Fox  News  and  another
            Colorado-based  Dominion  already  has  embarrassed  a Bartiromo email.                confirming  that  Bartiromo  for  the  network’s  parent
            alleges that Fox damaged  the network. In part, it has  Dominion  attorney  Davida  not  only  read  Powell’s  company.q
                                                                      Judge temporarily blocks clean water


                                                                      rule in 24 states


                                                                      lands and other waterways  Opponents  of  the  regula-    Biden  administration's  WO-
                                                                      throughout the nation.       tions,  which  define  which  TUS  rule  is  overreaching
                                                                      U.S. District Judge Daniel L.  "waters of the United States"  and  harmful  to  America's
                                                                      Hovland in Bismarck, North  are protected by the Clean  beef  farmers  and  ranch-
                                                                      Dakota, halted the regula-   Water Act, have called the  ers," said Todd Wilkinson, a
                                                                      tions  from  the  U.S.  Environ-  rules  an  example  of  fed-  South  Dakota  cattle  pro-
                                                                      mental  Protection  Agency  eral overreach and argued  ducer and president of the
                                                                      and  U.S.  Army  Corps  of  they would unfairly burden  National  Cattlemen's  Beef
                                                                      Engineers pending the out-   farmers and ranchers.        Association.
                                                                      come  of  a  lawsuit  filed  by  In  his  45-page  order,  Hov-  "Cattle  producers  in  26
                                                                      the 24 states, most of which  land wrote that the federal  states now have some ad-
            A road bisects a wetland on June 20, 2019, near Kulm, N.D.
                                                     Associated Press  are led by Republicans. The  regulation "raises a litany of  ditional  certainty  while  this
                                                                      regulations were finalized in  ...  statutory  and  constitu-  rule  is  being  litigated  and
                                                                      December 2022, repealing  tional concerns and would  we  are  optimistic  that  the
            By SCOTT McFETRIDGE          day temporarily blocked a  a rule implemented during  cause  great  harm  to  the  Supreme Court will provide
            Associated Press             federal rule in 24 states that  President  Donald  Trump's  states."                   nationwide  clarity  on  the
            DES MOINES, Iowa (AP) — A  is intended to protect thou-   administration  but  thrown  "Once  again,  the  courts  federal government's prop-
            federal  judge  on  Wednes-  sands of small streams, wet-  out by federal courts.      have  affirmed  that  the  er jurisdiction over water."q
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