Fox, for its part, has accused Dominion and Smartmatic executives of destroying evidence too and asked for sanctions.

During the Dominion case, Dominion’s lawyers also accused several Fox personalities and executives of failing to preserve texts and emails. NPR notes that list included Pete Hegseth, now serving as Secretary of War.

The entire case may turn on one man: Jacques Nasser.

Nasser, the former Ford chief, sat for more than two decades on Murdoch boards at News Corp., 21st Century Fox, and Fox Corp., including as lead independent director until 2023.

Plaintiffs say he was never truly independent, that he backed the family through the UK hacking crisis, a BSkyB stock buyback that increased Murdoch clout, and the selection of other directors. If a judge later finds Nasser was not independent of Rupert Murdoch, plaintiffs argue more than half the Fox board fails Delaware’s independence test and the case can go to trial.

Vice Chancellor J. Travis Laster already refused to throw the suit out in December 2024. David’s new order is the discovery hammer.