Abby Grossberg said in a new sworn statement that she recently found two more recordings on an old cellphone, which she alleges Fox News lawyers failed to search.
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Ex-Fox News producer Abby Grossberg said she recently found more evidence relevant to Dominion Voting Systems’ defamation lawsuit against her former employer and plans to turn it over to the court.
Grossberg, in the new affidavit, said a forensic expert recently pulled two recordings off the broken phone that she recorded using an app called Otter, which simultaneously records and creates text transcriptions of audio files. The recordings, which she details in the affidavit and audio of which was shared with NBC News, are of phone interviews she participated in with Bartiromo: one with Sen. Ted Cruz, R-Texas, and another with two sources who claimed to know about Dominion voter fraud.
She said she used Otter in the normal course of her work as a producer. Recordings are saved in the Otter app, and they can also be shared.
Grossberg’s attorney, Gerry Filippatos, said the statement would be filed with the Delaware court as early as Tuesday, the day the trial is set to begin.
In a filing dated Monday, Fox lawyers added that while they had not known of Grossberg’s Otter recordings, they had shared some of Grossberg’s Otter transcripts found on email. The Giuliani transcript was shared with Dominion 10 months ago, they said.
Grossberg said that she recently asked a forensic expert to review the older phone and that the expert uncovered the recordings of the two interviews. Grossberg’s attorney shared the audio with NBC News.
The first recording, made on Nov. 7, 2020, according to Grossberg’s affidavit, was of a phone interview Bartiromo and Grossberg conducted with Cruz to discuss a planned broadcast appearance. Cruz is heard discussing voter fraud allegations — including an irregularity in Michigan, which uses Dominion machines in most counties — but stresses the need for facts and proof.
“It falls on the shoulders of the legal team that is bringing these cases to ascertain the facts. And it just can’t be, you know, someone tweeted this. It’s got to be demonstrable facts that can be laid out with evidence, because that’s what a court of law is gonna look to. Not just an allegation, but actual facts,” Cruz said on the recording. “And I hope when Rudy comes on the show tomorrow, he has some of those facts.”
Cruz did not respond to a request for comment.
Grossberg said in her affidavit that the second recording, made on Nov. 13, 2020, was of a background interview Grossberg and Bartiromo conducted with a banker named Doug Anderson, the CEO of Wall Street Capital Partners, and a male source who was granted anonymity to participate.
The men discuss conspiratorial claims about Dominion voting machines; Bartiromo promises to help “expose as much as we can,” while Grossberg presses for more information.
Anderson did not respond to a request for comment.
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