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Ex-Fox News producer Abby Grossberg has been subpoenaed by Smartmatic in its lawsuit against Fox

The voting machine company has filed a $2.7 billion defamation lawsuit against Fox for its coverage of baseless election fraud charges in the 2020 election.
Abby Grossberg.
Abby Grossberg.NBC News

Abby Grossberg, the former Fox News producer who alleges she was coerced into giving misleading testimony in Dominion Voting Systems' lawsuit about Fox’s handling of election fraud claims, has been subpoenaed in a separate voting technology company lawsuit against the cable news network.

According to a subpoena dated Monday, a copy of which was obtained by NBC News, Smartmatic Inc. directs Abby Grossberg to produce extensive documentation and records of communications regarding the claims aired on Fox regarding the 2020 presidential election. The subpoena specifically cites potential evidence and correspondence related to Trump attorneys Rudy Giuliani and Sidney Powell, as well as the Trump Campaign and the Trump Organization. 

Smartmatic is pursuing a $2.7 billion defamation lawsuit against Fox in New York Supreme Court. Allies of former President Donald Trump — like Giuliani — alleged on Fox News that Dominion and Smartmatic were linked and involved in potential election fraud, even though they are two separate companies with no partnerships. 

Allegations against Dominion and Smartmatic have been repeatedly debunked and shown to be without basis in fact. Smartmatic’s only involvement in the 2020 presidential election was to provide voting technology and software to Los Angeles County.

On March 31, the judge in the Dominion lawsuit, which was filed in Delaware, ordered that the case go to trial and ruled that claims about election fraud aired on Fox were false. “The evidence developed in this civil proceeding” establishes that it “is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true.” The bolding, capitalization and italics were in the ruling.

Grossberg's attorney Parisis Filippatos told NBC News that his client intends to comply fully with the Smartmatic subpoena, and said it directs Grossberg “to produce documentary evidence regarding the alleged malice of Fox News, which is in her possession.” Her attorneys also noted that though Grossberg had already provided documents and communications to Fox News while she was still employed there, they do “not appear to have been provided to the Delaware Superior Court prior to its decision on March 31.”

Grossberg worked at Fox News from 2019 to March 24. She was fired after filing suit against Fox alleging that she was coerced into giving misleading testimony in a deposition in Dominion’s $1.6 billion libel suit and that she was being made a scapegoat for the network’s election coverage. Fox says she was fired for divulging privileged information.

In a statement, a Fox spokesperson said, “Smartmatic has not notified Fox News of any subpoena issued to Ms. Grossberg in that case. With respect to the Dominion case, Fox News does not know what Ms. Grossberg’s attorney is talking about, and we have complied with our discovery obligations.”

About the Smartmatic case, the spokesperson said, “We are confident we will prevail as freedom of the press is foundational to our democracy and must be protected while the damages claims in this case are outrageous, unsupported and not rooted in sound financial analysis, serving as nothing more than a flagrant attempt to deter our journalists from doing their jobs.” 

Earlier this month, Fox News told NBC News, “We will continue to vigorously defend Fox against [Grossberg's] unmeritorious legal claims, which are riddled with false allegations against the network and our employees.”

Regarding the Dominion case, Fox said, “This case is ultimately about the First Amendment protections of the media’s absolute need to cover the news. Fox will continue to fiercely advocate for the rights of free speech and a free press.”

Fox had as recently as March 28 indicated to the court that Grossberg would testify in the Dominion case. The company reversed that decision following her legal motions to unseal her Sept. 14, 2022, deposition testimony, and Dominion has indicated it intends to call her as a witness.