美国国家公共电台 NPR--Judge rebukes Fox attorneys ahead of defamation trial: 'Omission is a lie'

Judge rebukes¹ Fox attorneys ahead of defamation² trial: 'Omission³ is a lie'

Transcript⁴

At Wednesday's pre-trial hearings in the billion-dollar Fox defamation lawsuit⁵, the Delaware judge overseeing the case declared he would sanction Fox News and launch an investigation⁶ into Fox's apparent repeated failures to disclose information, including about the role of Fox founder⁸ Rupert Murdoch.

The trial, one of the most significant defamation cases in many years, is set to begin on Monday. Dominion⁹ Voting Systems, one of the leading makers¹⁰ of voting equipment, sued the conservative cable outlet¹¹ in 2021 after it aired numerous false statements by guests and hosts baselessly claiming that the company somehow rigged voting machines to help Joe Biden steal the election from then-President Donald Trump¹².

Numerous post-election lawsuits¹³ and audits¹⁴ confirmed that Biden's win was legitimate¹⁵ and no evidence has surfaced that Dominion's machines altered the vote.

Delaware Superior Court Judge Eric Davis sternly warned Fox and its legal team that its veracity¹⁶ was in doubt in his courtroom.

"I need people to tell me the truth," Davis said as he dressed down the network's attorneys. "And, by the way, omission is a lie."

Last week, Davis ruled that Dominion had already proved the contested statements' falsity and that the jury won't have to weigh their validity; instead, the judge will instruct them that the statements are false and defamatory.

Abby Grossberg, a Fox producer who is suing the network, recently revealed the existence of audiotapes of Fox host Maria Bartiromo talking to Trump campaign lawyers Rudy Giuliani and Sidney Powell, who had fanned wild conspiracy¹⁷ theories about Dominion on the air. Fox had not turned over the audio to Dominion's lawyers.

"As counsel explained to the Court, FOX produced the supplemental information from Ms. Grossberg when we first learned it," a Fox News spokesperson said in a statement.

Wednesday's actions by the judge follow a bombshell courtroom disclosure Tuesday that Rupert Murdoch is formally designated as executive chairman of Fox News in addition to serving as the chair of its parent company Fox Corp.

Judge Davis on Tuesday said Fox lawyers previously¹⁸ had "represented to him more than once" that Murdoch was not an officer for the subsidiary cable network. The issue holds great import for the media magnate and the parent company as its lawyers argue he had no influence over Fox's broadcasts amplifying¹⁹ the lies about Dominion.

Tuesday, in the Delaware Chancery Court, a shareholder²⁰ sued Murdoch and four other members of Fox Corp's board, alleging²¹ that they had abdicated²² their responsibility to protect its most important asset's reputation. Instead, the shareholder alleged²³, echoing Dominion's allegations, that Fox had sought to appease²⁴ Trump supporters with false broadcasts.

The judge publicly mused²⁵ whether he could have made earlier judicial²⁶ decisions differently.

"People need to understand. Don't play games with this stuff," Davis said, directing his frustrations²⁷ toward Fox's attorneys.

Fox says Murdoch's role with the news side of the company was public knowledge via filings over several years with the Securities and Exchange Commission.

Dominion attorney Davida Brook²⁸ also cited a story broken by NPR earlier this week: NPR disclosed that Fox's chief political anchor, Bret Baier, had unsuccessfully lobbied from late November 2020 to January 2021 to host an hour-long special debunking²⁹ election fraud myths for its viewers. According to five sources, Baier never received an anchor. (A Fox executive, speaking on condition of anonymity³⁰, say it was a "nascent³¹" idea that became irrelevant³² after the Jan. 6, 2021, attack on the U.S. Capitol. All attention turned to the Biden transition, the executive said.)

Dominion's attorneys on Wednesday urged Judge Davis to respond to the apparent misstatements about Murdoch's role. They suggested the court either strip apart Dominion's claims against Fox News and Fox Corp so they are two separate lawsuits, or instruct the jury in a forthcoming trial to take an "adverse³³ inference" because of the confusion over Murdoch's role.

Such an inference could lead the jury to believe that Fox had purposely kept information hidden from the court.

Dominion attorney Justin Nelson argued that his team had "been litigating on a false premise," and consequently missing out on information during earlier stages of the lawsuit because of apparent misunderstandings of Murdoch's role.

"There's no way to fix it on the eve of trial," Nelson said.

Responding to the claims, Fox's chief attorney, Dan Webb, said no one at Fox had intentionally³⁴ withheld³⁵ information. He also said any assertion that Dominion didn't know about Murdoch's role with Fox was unbelievable, because the company's attorneys had asked Murdoch about his Fox News role during a deposition³⁶.

Furthermore, Webb argued, Murdoch's role is largely irrelevant because there is not "a shred³⁷ of evidence" showing he managed operations at the network during the wake of the 2020 presidential election.

Still, Dominion's attorneys also claimed that a failure to share all relevant evidence in the case extends beyond Rupert Murdoch.

Citing the separate lawsuit against Fox filed last month by former producer Grossberg, Dominion attorney Brook also said there were thousands of message sent to or from Bartiromo's personal email account that weren't provided to Dominion in a timely manner.

The comments prompted clear discomfort³⁸ from Davis. Such unease appeared to cause a bout⁷ of sarcasm³⁹ from the judge when he said unprovoked to a Fox attorney that Bartiromo is "clearly neutral."

"I'm sorry," the attorney said, confused. "She's clearly neutral," the judge repeated.

"I'm being sarcastic," he said after a pause.

Moving forward, Davis announced he would appoint a so-called "special master" to investigate Fox's apparent failure to share all information. Davis also allowed Dominion to re-depose some witnesses from Fox, including Bartiromo, at Fox's expense.

Davis did not indicate a timeline for the special master's investigation.

1 rebukes   

责难或指责( rebuke的第三人称单数 )

参考例句：

• His industry rebukes me. 他的勤劳使我感到惭傀。
• The manager's rebukes in loud voice and stern expression have made the clerks gathered in the out office start with alarm. 老板声色俱厉的责备把聚集在办公室外的职员们吓坏了。

2 defamation   

n.诽谤；中伤

参考例句：

• Character defamation can be either oral or written.人格诽谤既可以是口头的也可以是书面的。
• The company sued for defamation.这个公司因受到诽谤而提起诉讼。

3 omission   

n.省略，删节；遗漏或省略的事物，冗长

参考例句：

• The omission of the girls was unfair.把女孩排除在外是不公平的。
• The omission of this chapter from the third edition was a gross oversight.第三版漏印这一章是个大疏忽。

4 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

5 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

6 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

7 bout   

n.侵袭，发作；一次(阵，回)；拳击等比赛

参考例句：

• I was suffering with a bout of nerves.我感到一阵紧张。
• That bout of pneumonia enfeebled her.那次肺炎的发作使她虚弱了。

8 Founder   

n.创始者，缔造者

参考例句：

• He was extolled as the founder of their Florentine school.他被称颂为佛罗伦萨画派的鼻祖。
• According to the old tradition,Romulus was the founder of Rome.按照古老的传说，罗穆卢斯是古罗马的建国者。

9 dominion   

n.统治，管辖，支配权；领土，版图

参考例句：

• Alexander held dominion over a vast area.亚历山大曾统治过辽阔的地域。
• In the affluent society,the authorities are hardly forced to justify their dominion.在富裕社会里，当局几乎无需证明其统治之合理。

10 makers   

n.制造者，制造商（maker的复数形式）

参考例句：

• The makers of the product assured us that there had been no sacrifice of quality. 这一产品的制造商向我们保证说他们没有牺牲质量。
• The makers are about to launch out a new product. 制造商们马上要生产一种新产品。 来自《简明英汉词典》

11 outlet   

n.出口/路；销路；批发商店；通风口；发泄

参考例句：

• The outlet of a water pipe was blocked.水管的出水口堵住了。
• Running is a good outlet for his energy.跑步是他发泄过剩精力的好方法。

12 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

13 lawsuits   

n.诉讼( lawsuit的名词复数 )

参考例句：

• Lawsuits involving property rights and farming and grazing rights increased markedly. 涉及财产权，耕作与放牧权的诉讼案件显著地增加。 来自辞典例句
• I've lost and won more lawsuits than any man in England. 全英国的人算我官司打得最多，赢的也多，输的也多。 来自辞典例句

14 audits   

n.审计，查账( audit的名词复数 )v.审计，查账( audit的第三人称单数 )

参考例句：

• Requires that use of all bond funds is subject to independent audits. 需要使用的所有债券基金是受独立审计。 来自互联网
• Support the locations during customer-visits, audits and quality-improvement programs. 支持客户参观，稽核和提高品质等项目。 来自互联网

15 legitimate   

adj.合法的，合理的，合乎逻辑的；v.使合法

参考例句：

• Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。
• That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。

16 veracity   

n.诚实

参考例句：

• I can testify to this man's veracity and good character.我可以作证，此人诚实可靠品德良好。
• There is no reason to doubt the veracity of the evidence.没有理由怀疑证据的真实性。

17 conspiracy   

n.阴谋，密谋，共谋

参考例句：

• The men were found guilty of conspiracy to murder.这些人被裁决犯有阴谋杀人罪。
• He claimed that it was all a conspiracy against him.他声称这一切都是一场针对他的阴谋。

18 previously   

adv.以前，先前（地）

参考例句：

• The bicycle tyre blew out at a previously damaged point.自行车胎在以前损坏过的地方又爆开了。
• Let me digress for a moment and explain what had happened previously.让我岔开一会儿，解释原先发生了什么。

19 amplifying   

放大，扩大( amplify的现在分词 )； 增强； 详述

参考例句：

• Often they use borrowed funds, amplifying their gains and losses. 他们通常会用借贷的资金交易，从而放大收益或损失。
• An amplifying type (or analog) device, as opposed to digital device. 放大器类（或模拟）器件，相对于数字器件而言的。

20 shareholder   

n.股东，股票持有人

参考例句：

• The account department have prepare a financial statement for the shareholder.财务部为股东准备了一份财务报表。
• A shareholder may transfer his shares in accordance with the law.股东持有的股份可以依法转让。

21 alleging   

断言，宣称，辩解( allege的现在分词 )

参考例句：

• His reputation was blemished by a newspaper article alleging he'd evaded his taxes. 由于报上一篇文章声称他曾逃税，他的名誉受到损害。
• This our Peeress declined as unnecessary, alleging that her cousin Thornhill's recommendation would be sufficient. 那位贵人不肯，还说不必，只要有她老表唐希尔保荐就够了。

22 abdicated   

放弃（职责、权力等）( abdicate的过去式和过去分词 )； 退位，逊位

参考例句：

• He abdicated in favour of his son. 他把王位让给了儿子。
• King Edward Ⅷ abdicated in 1936 to marry a commoner. 国王爱德华八世于1936年退位与一个平民结婚。

23 alleged   

a.被指控的，嫌疑的

参考例句：

• It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
• alleged irregularities in the election campaign 被指称竞选运动中的不正当行为

24 appease   

v.安抚，缓和，平息，满足

参考例句：

• He tried to appease the crying child by giving him candy.他试图给那个啼哭的孩子糖果使他不哭。
• The government tried to appease discontented workers.政府试图安抚不满的工人们。

25 mused   

v.沉思，冥想( muse的过去式和过去分词 )；沉思自语说（某事）

参考例句：

• \"I wonder if I shall ever see them again, \"he mused. “我不知道是否还可以再见到他们，”他沉思自问。 来自《简明英汉词典》
• \"Where are we going from here?\" mused one of Rutherford's guests. 卢瑟福的一位客人忍不住说道：‘我们这是在干什么？” 来自英汉非文学 - 科学史

26 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

27 frustrations   

挫折( frustration的名词复数 )； 失败； 挫败； 失意

参考例句：

• The temptation would grow to take out our frustrations on Saigon. 由于我们遭到挫折而要同西贡算帐的引诱力会增加。
• Aspirations will be raised, but so will frustrations. 人们会产生种种憧憬，但是种种挫折也会随之而来。

28 brook   

n.小河，溪；v.忍受，容让

参考例句：

• In our room we could hear the murmur of a distant brook.在我们房间能听到远处小溪汩汩的流水声。
• The brook trickled through the valley.小溪涓涓流过峡谷。

29 debunking   

v.揭穿真相，暴露( debunk的现在分词 )

参考例句：

• The debunking of religion has been too successful. 对于宗教的揭露太成功了。 来自互联网

30 anonymity   

n.the condition of being anonymous

参考例句：

• Names of people in the book were changed to preserve anonymity. 为了姓名保密，书中的人用的都是化名。
• Our company promises to preserve the anonymity of all its clients. 我们公司承诺不公开客户的姓名。

31 nascent   

adj.初生的，发生中的

参考例句：

• That slim book showed the Chinese intelligentsia and the nascent working class.那本小册子讲述了中国的知识界和新兴的工人阶级。
• Despite a nascent democracy movement,there's little traction for direct suffrage.尽管有过一次新生的民主运动，但几乎不会带来直接选举。

32 irrelevant   

adj.不恰当的，无关系的，不相干的

参考例句：

• That is completely irrelevant to the subject under discussion.这跟讨论的主题完全不相关。
• A question about arithmetic is irrelevant in a music lesson.在音乐课上，一个数学的问题是风马牛不相及的。

33 adverse   

adj.不利的；有害的；敌对的，不友好的

参考例句：

• He is adverse to going abroad.他反对出国。
• The improper use of medicine could lead to severe adverse reactions.用药不当会产生严重的不良反应。

34 intentionally   

ad.故意地，有意地

参考例句：

• I didn't say it intentionally. 我是无心说的。
• The local authority ruled that he had made himself intentionally homeless and was therefore not entitled to be rehoused. 当地政府裁定他是有意居无定所，因此没有资格再获得提供住房。

35 withheld   

withhold过去式及过去分词

参考例句：

• I withheld payment until they had fulfilled the contract. 他们履行合同后，我才付款。 来自《简明英汉词典》
• There was no school play because the principal withheld his consent. 由于校长没同意，学校里没有举行比赛。 来自《简明英汉词典》

36 deposition   

n.免职，罢官；作证；沉淀；沉淀物

参考例句：

• It was this issue which led to the deposition of the king.正是这件事导致了国王被废黜。
• This leads to calcium deposition in the blood-vessels.这导致钙在血管中沉积。

37 shred   

v.撕成碎片，变成碎片；n.碎布条，细片，些少

参考例句：

• There is not a shred of truth in what he says.他说的全是骗人的鬼话。
• The food processor can shred all kinds of vegetables.这架食品加工机可将各种蔬菜切丝切条。

38 discomfort   

n.不舒服，不安，难过，困难，不方便

参考例句：

• One has to bear a little discomfort while travelling.旅行中总要忍受一点不便。
• She turned red with discomfort when the teacher spoke.老师讲话时她不好意思地红着脸。

39 sarcasm   

n.讥讽，讽刺，嘲弄，反话 （adj.sarcastic）

参考例句：

• His sarcasm hurt her feelings.他的讽刺伤害了她的感情。
• She was given to using bitter sarcasm.她惯于用尖酸刻薄语言挖苦人。