A judge in New York rejected a request by attorneys for Fox News to subpoena billionaire George Soros as part of the cable news channel’s ongoing legal fight with voting systems company Smartmatic.

Manhattan Supreme Court Justice David B. Cohen on Monday shot down a request from Fox to compel Soros to provide documents and testimony as part of its process of discovery in the case.

Soros is a progressive billionaire who often draws the ire of conservative media figures and Republican politicians.

Fox, in a court filing earlier this month, sought to depose Mark Malloch Brown, who is the president of the Soros-backed Open Society Foundation and served as chairman of Smartmatic’s parent company.

“I base that on the finding that the crux of Smartmatic’s claims is that Fox has asserted they were part of rigging [the election], not that Smartmatic was affiliated with George Soros, Alex Soros, or the OSF,” Cohen said in open court on Monday, CNN reported. “That’s a peripheral matter — at best, it’s a possible rationale for defamation.”