Abby Grossberg, a former producer for Fox News, claimed she has discovered additional information pertinent to the defamation action brought by Dominion Voting Systems against her former employer and intends to submit it to the court.
In a new sworn statement acquired by NBC News, senior producer Grossberg, who previously worked for broadcasters Maria Bartiromo and Tucker Carlson, said that Fox lawyers failed to check a second cellphone she had in her possession despite receiving numerous reminders about it.
Grossberg said in the statement that she constantly notified Fox lawyers that the phone she used to cover the 2020 election was a company-issued inoperative model.
Fox lawyers advised her to hang on to the cellphone, but they never inspected it or copied her files, as they had done with her other phones, the statement claims.
Grossberg was fired in March following the filing of a lawsuit in which she alleged that Fox lawyers had forced her into providing false testimony in the Dominion case and had used her as a scapegoat for the network's coverage of the 2020 election. Fox claims that she was let go for disclosing confidential information.
According to Grossberg's latest declaration, a forensic specialist recently recovered two recordings from the broken phone that she had made using the Otter software, which concurrently records audio files and produces written transcriptions of them.
The recordings, which she describes in the affidavit and whose audio was provided to NBC News, are of phone talks she conducted with Bartiromo, including ones with Sen. Ted Cruz, R-Texas, and two persons who allegedly knew about Dominion voter fraud.
She claimed that Otter was a tool she regularly utilized in her capacity as a producer. The Otter app allows recordings to be kept and shared.
The declaration will be submitted to the Delaware court as early as Tuesday, the day the trial is scheduled to start, according to Grossberg's attorney, Gerry Filippatos, reports NBC News.
In their pretrial court appearances last week, Dominion's attorneys played other recordings that producer Grossberg had made, including one with Trump attorney Rudy Giuliani, which Dominion said they had just last week gotten from Fox.
Eric Davis, a judge for the Delaware Superior Court, looked to be frustrated by this as well as questions about News Corporation Chairman Rupert Murdoch's current position at Fox News. Murdoch also serves as the CEO of Fox News.
He reprimanded the Fox attorneys for hiding evidence and not being honest with the judge, and he warned that the company would be responsible for paying for any more depositions that turned out to be required.
Additionally, he stated that he was thinking about appointing a special master to look into any legal malpractice committed by the lawyers, namely whether Fox misrepresented their discovery efforts.
"Abby Grossberg is not Dominion's problem. It's not my problem. Abby Grossberg is a Fox problem," Davis said at the hearing last week.
"It may not show, but I'm very uncomfortable," he added.
Dominion did not respond to requests for comment.
"FOX News has complied with its discovery obligations," a Fox News spokesperson said in a statement.
Fox attorney Michael Skokna claimed at the hearing last week that Grossberg had not disclosed the existence of the Otter recordings.
"Abby Grossberg stands ready to do her part to ensure that justice is done; that those who are licensed and obligated to tell the truth, and guide others to the truth, do just that. As soon as possible and practicable, Ms. Grossberg will continue to set the record straight by telling all she knows to those who need to know," Filippatos said in a statement.
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