Fox Counsel Sends Letter to Dominion, Demanding Company 'Investigate' if It Leaked Confidential Documents

(AP Photo/Mary Altaffer, File)

In mid-April, Fox Corporation and Dominion Voting Systems settled out of court in a defamation lawsuit centered on Fox’s reporting on the 2020 presidential election and the use of the company’s voting machines. According to Dominion’s counsel, the settlement amount was a staggering $787.5 million.

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Earlier on Friday, RedState wrote about attorneys representing Fox News writing a cease and desist letter to Media Matters For America, after the progressive activist organization spent the past week publishing a series of off-air videos of Tucker Carlson, in what it called “FOXLEAKS.”

Now, there’s a story that may or may not be related. Fox’s counsel has sent two versions of a letter to Dominion’s legal representatives, which insinuate that Dominion leaked confidential documents under seal by the court and demand Dominion investigate what happened. Both letters were provided by Fox to RedState.

In one version, sent Friday and addressed to Dominion attorneys Justin A Nelson and Thomas A. Clare, Winston Strawn LLP. co-executive chairman, Dan Webb reminds Dominion that there are both a protective order and provisions both parties agreed to in the settlement about “the handling, disclosure, and destruction of documents produced and exchanged” during the lawsuit. He then lays out Fox’s concerns about documents that Fox had provided during the case being leaked to and published in the New York Times and the Daily Beast.

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After mentioning that these documents were not made public, as far as Fox knows, Webb adds that not only had three documents used as “exhibits at Mr. Carlson’s deposition” been published, but Carlson’s own “confidential deposition” was also published by the Daily Beast.

Webb underlines the fact that any “[d]isclosure of these documents would violate” the settlement agreement and the court’s protective order. The latter in particular, he writes, stringently outlines the proper use of the “discovery material,” both during and after the case concluded — and absolutely does not allow for release of the documents to the media.

He writes that the settlement agreement holds both parties in the suit responsible for the safekeeping of the documents, requiring either the “return or destruction of all of Fox’s” confidential documents and discovery materials “within 30 days of the dismissal of the case.”

Webb closes the letter by stating that Fox “requests that you and your clients investigate and confirm” that Dominion is “not the source” of the leaks, and asking that any conclusions from that investigation be given to Fox “by the close of business on May 8, 2023.” That’s next Monday.

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A second version of the letter, also sent Friday—although slightly abbreviated in form—contains most of the same wording as Webb’s letter. It was sent by Fox attorney Katharine L. Mowery of Richards, Layton, and Fingers, and addressed to Dominion lawyers Brian Farnan and Michael Farnan.

It’s unknown what the outcome of the letter to Dominion will be, but RedState will keep an ear to the ground on any updates or replies from either Dominion or its counsel. The clock is ticking, and it sounds like the next move, if any, should come on Monday. We’ll provide any further coverage when it becomes available.

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