ALERT: Court is in session for Day 1 of $1.6 billion defamation trial of Dominion Voting Systems vs. FOX News
Jury selection process is about to resume
There will be *objections* from attorneys to some of the slides that are planned to be exhibited during opening statements today. Likely ahead of the statements.
Nevertheless, we're underway with the completion of jury selection
Courtroom (which is roughly the size of a middle school cafeteria) is at capacity. Approx 200 people in the wooden benches for spectators
Jury box has 24 tall leather chairs. There are 3 rows of 3 chairs for each legal team. As is custom, the plaintiffs are closer to jury box
Two prospective jurors have asked to speak with the judge off-line (that's common in jury selection process.. when jurors have concerns about possible conflicts)
After jury selection is complete, court advises they'll need a 20 minute break to reconfigure for opening statements
Judge has estimated this will be a SIX WEEK trial. He admonished attorneys a few moments ago... warning he will be diligent about staying on track & staying on schedule
If there are lengthy objections made.. "They'll come out of your time" ... Judge Eric Davis warns attorneys
Here's the courtroom (When it's empty)
The plexiglass is no longer in place... as trial begins
Superior court. 7th floor. Wilmington, Delaware
This is judge Eric Davis
Randomly selected for this Dominion v. Fox case... as is protocol
And... Judge has just urged media in courtroom to type quietly... to avoid "sending the wrong messages" to people in the jury
Then judge said.... I'm not sure how you do that though
The. Typing. Is. Loud.
By approx 200 journalists who are restricted to laptops, not phones
NEW: Dominion’s updated trial exhibit list includes 7000+ items, including dozens of emails from Rupert Murdoch and a series of messages from Sean Hannity to Murdoch
Final item (exhibit 7,021): “Fox and Friends” broadcast from Nov 15, 2020
Other items listed on Dominion’s updates trial exhibit list:
Emails received by Dominion on that read “You evil motherf****”, “Justice doesn’t need witnesses”, “Gitmo soon for you and your friends!!”
The first several items listed on Dominion’s newly-filed updated trial exhibit list include Lou Dobbs show transcripts, Dobbs tweets, “Justice with Jeanine” transcript and social posts .. and video of “Sunday Morning Futures with Maria Bartiromo” videos and transcript.
NOTING... for those who are asking
There is *no* phone dial-in number for the completion of jury selection process.
Only those of us on the 7th floor of courthouse can listen.
Jury selection is rattling along at a decent clip
There will be a jury of 12
And 12 alternates
Huge jury box... 24 seats in the box. Tall, chocolate brown leather chairs
Judge: "We have the 12"
Standby for alternates....
Yes.. they're selecting *12 alternate jurors*
Process is moving at a decent clip.
Judge Eric Davis is now giving instructions to the selected jurors. We're getting close
"You have to fight human nature. You're going to want to talk about the case. But you can't talk about the case"
"You have to refrain from talking about the case with your fellow jurors and any third party"
Judge instructs jurors that they can't talk about the case with family. They can only talk to third parties about the trial *schedule* - to help families plan
"You need to limit yourself to the evidence in the courtroom.... don't do any detective work. Don't be Dick Tracy"
Judge to jurors: "You must stay away from social media. You must stay away from the internet"
"Don't let anyone discuss this case in your presence"
Judge tells Dominion v. FOX jurors they're going to take a brief, 20-minute break... then move to opening statements.
This trial is a "go"
The most updated Trial Exhibit list from Dominion includes approximately a dozen emails from Rupert Murdoch to Lachlan Murdoch (including one with subject line “Trump”)
There are also several exhibits described as “email from R. Murdoch to J. Kushner”
Judge says someone was booted from courtroom for snapping a photo (photo was subsequently deleted)
Judge says person responsible for photo accused others in courtroom of tweeting from courtroom. Judge instructs audience NOT to do so
(I'm in overflow room, where it's permitted)
Judge is giving additional round of instructions.
Then (due to hour): It's lunch break
Then court shifts to opening statements
Standby. Joining @CBSNews streaming live at 12p with latest updates from Fox News defamation trial in Wilmington, Delaware
Per my teammates in courtroom. Of the first 12 jurors seated (the non-alternates), there are six men and six women
Trial resumes at 130pm eastern time.
Yes that’s a canopy covering a back entrance to courthouse in Wilmington. And this entrance is behind a gate
Court won’t comment. Staff here says canopy isn’t unprecedented & has been used in other high-profile cases w/ possible threats. We’ve asked DE Capitol police for comment
There's more at stake than $1.6 billion of FOX money
We are awaiting return of judge and jury here on 7th floor of courthouse in Wilmington, DE. All others we back in their seats
Capacity crowd in courtroom. And here in overflow room.
Standby (Lunch break was tentatively planned to wrap at 1:30pm eastern)
Judge pledged to keep the trial running on-time
But we are now 35 minutes delayed from resuming after a generous lunch break
And still waiting for judge and jury.
Standby
Attorneys are moving in and out of courtroom. Some are on their phones. Spectators in courtroom have been advised they’re free to move about or use the restroom if needed
This delay appears it’s going to be a prolonged one.
The prospect of opening statements happening or finishing today is declining by the minute
Meanwhile .. this truck is still doing laps outside
During the lunch break, court posted new order from Judge Eric Davis. He has officially ordered a special master to review whether FOX "complied with their discovery obligations" in this defamation case
Note the language below:
"Send invoices only to FOX"
45 minutes till the courthouse closes for the day. No movement. No update from judge. No sighting of the jury
Attorneys in courtroom (those who aren’t moving in and out or occasionally huddling) are swiping at their phones, yawning, sitting idle ….
There are two small private meeting rooms next to courtroom
Lots of comings and goings. At one point the meeting room closer to courtroom was jammed like a clown car
STANDBY: Judge is back. Here comes the jury
ALERT: SETTLEMENT in case
Judge thanks the New Castle County, Delaware jurors for their service
"It was extremely important. Without you the parties wouldn't have been able to resolve their situation"
There will be no trial in Dominion vs. FOX News
Dominion attorney thanks the court and the judge "all of the staff here"... and "have done with the utmost courteousness"
FOX News attorney thanks court too
Judge Eric Davis says this was the "best lawyering" he's ever seen
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NEW: Feds to seek longest prison sentence in ANY Capitol riot case so far
24 years prison & $71,000+ fine for Pete Schwartz of Pennsylvania, accusing him of series of violent Jan 6 acts & calling him "felon who has racked up numerous convictions for drugs, weapons &violence"
Justice Dept argues Schwartz "stole chemical munitions, including pepper spray.. left behind by the fleeing officers and used that pepper spray as a weapon to attack those same officers as they desperately tried to escape"
According to Justice Dept sentencing memo, Schwartz assaulted group of police officers.. then "Schwartz did not back down. He then joined the larger mob inside of the tunnel in attempting to push through the police line and into the Capitol Building"
NEW: Delaware judge Eric Davis just took the bench and confirmed the one-day delay in Dominion v. Fox News defamation trial. Davis said it was his decision. “This is not unusual,” he said. No mention or intimation of settlement talks
Jury selection resumes Tuesday at 9am
Judge Davis said he told prospective jurors to go back home and instructed them “not to research” the case
Back to complete jury selection tomorrow at 9am
Judge called the two attorneys aside for a brief, inaudible sidebar.
Only one Delaware-based attorney for each side appeared in courtroom this morning. The rest of the legal teams were absent from courthouse
Standby. Sentencing is beginning in Capitol riot case of Patrick McCaughey, who was accused of stealing riot shield and crushing officer Daniel Hodges in doorway and then beating another. Justice Dept to seek approx *15 years* prison
Officer Hodges will speak at hearing.
Judge is Trevor McFadden
McCaughey is in orange jail jumpsuit. He’s been in jail pending sentencing
Sentencing begins soon in Capitol riot case of Logan Barnhart of Michigan. Feds seek 5+ years prison arguing "Barnhart
grabbed an officer’s neck and torso and dragged him in a prone position from the police line, out
of the Archway, and down a set of stairs into the violent mob"
Barnhart will argue he didn’t bring weapons; goggles or helmet on Jan 6 and that “his only intent in coming was to celebrate the President”
He seeks sentence “well below the guidelines”
Prosecutor argues Barnhart was part of “melee” causing “incredibly perilous” situation for police
“Grabbed a vulnerable police officer… dragged him face down” into mob where officer was beaten
Sentencing begins soon in Capitol riot case of Adam Weibling of Texas, who prosecutors accuse of a series of social media posts supporting the Jan 6 riot (images below)
Feds say his attempts to "appear remoreful" are contradicted by his post-Jan 6 statements
Prosecutor calls Weibling’s case a “Dr Jeckyl; Mr Hyde” case. She says Weiblibg at one point helped people in crowd, but also joined mob that endangered police and later denied Jan 6 was “violent”
Prosecutor counters defense claim that Weibling “was pulled into building”
She argues “He was trying to get into the building”
NOW: Sentencing is underway in Capitol riot case of retired Pennsylvania firefighter Robert Sanford; who was accused of throwing fire extinguisher & striking officers in the head. And allegedly called them “Traitors”
Feds will seek approx 6 years in prison (71 months)
Sanford is here in orange jail jumpsuit.
Sgt Aquilino Gonell will speak
Sgt Gonell says he’s a former Capitol Police Sgt “because of the actions of people like the defendant”