Fox News apologizes to evaluate for failing to reveal Rupert Murdoch’s role on the network

Fox News apologized to the Delaware judge presiding over the Dominion Voting Systems’ lawsuit for failing to properly define Fox Corp. Chairman Rupert Murdoch’s formal role on the network, in keeping with a letter filed with the court.

“We understand the Court’s concerns, apologize, and are committed to clear and full communication with the Court moving forward,” Fox attorney Blake Rohrbacher wrote within the letter Friday.

Dominion Voting Systems brought its defamation lawsuit against Fox and its TV networks, Fox News and Fox Business, in March 2021, arguing its hosts pushed false claims that Dominion’s voting machines were rigged within the 2020 presidential election that saw President Joe Biden conquer former President Donald Trump. 

Fox’s apology comes on the eve of the trial, which is scheduled to start Monday. Delaware Superior Court Judge Eric Davis expressed frustration with the network Tuesday for its failure to accurately disclose Murdoch’s leadership role there. Fox lawyers had repeatedly claimed Murdoch didn’t have an official title at Fox News, only to later reveal that he serves because the Fox News Executive Chair.

“This can be a problem,” Davis said, in keeping with a court transcript. “I would like to feel comfortable whenever you represent something to me that’s the truth.”

On Wednesday, Davis sanctioned Fox for withholding evidence and reportedly said if depositions or anything needed to be redone, it will come at a value to the corporate.

“This was a misunderstanding,” Fox’s attorney Blake Rohrbacher wrote within the letter. “We should always have updated the Court following the April 5 hearing with a whole answer, and we should always have taken care before the hearing to be certain that our written submissions reflected all listed corporate titles for the individuals at issue for each Fox entities.”

Once the trial begins, Fox may have to pay to defend itself against Dominion’s claims and, if it loses, pay possible damages to Dominion, upwards of $1.6 billion. Irrespective of the end result, an appeal is probably going.

Fox, which has denied the claims made by Dominion and said it’s protected by the First Amendment, has opposed the quantity of damages that the voting machine maker is looking for. Davis recently said it will be as much as a jury to make your mind up the matter. 

— CNBC’s Lillian Rizzo contributed to this report.