In legal filings, Grossberg also has cited other excerpts, including one in which Bartiromo asked Powell, before an interview, “You want to go into the software? What is your most compelling evidence?” Powell answered that the Trump campaign had a “witness who’s given a foreign declaration about how [the voting software] was created, why it was created, and watched it work.” Bartiromo did not press the matter further, according to Grossberg.
In another conversation with a high ranking adviser to Trump, conducted in December, 2020, Bartiromo asked about potentially fraudulent voting machines in Georgia. The adviser told Bartiromo that there were no issues with the machines.
Dominion’s Brook said the recordings are “obviously relevant” to the case, but the were only turned over to them by Fox’s team last week.
Davis agreed on the importance of the recordings, as they go to questions of actual malice, and ordered that Fox make Bartiromo available for an additional deposition at the network’s cost. Bartiromo also is on the witness list to testify in the trial.
“If there is a deposition that needs to be done, it will be done and it will be done at the cost of Fox,” Davis said.
The judge also suggested that Fox attorneys could face additional sanctions based on the special master investigation, and that they should preserve