SDNY COURTHOUSE,
Feb 7 –
In the case of Sarah Palin
versus New York Times and
James Bennet, on July 24, 2020
U.S. District Court for the
Southern District of New York
Judge Jed S. Rakoff held oral
arguments. Inner City Press
live tweeted them - and now
the 2022 trial, below.
On August
28, 2020 Judge Rakoff issued
an order denying summary
judgment and finding, inter
alia, that "there "there is
sufficient evidence to allow a
rational finder of fact to
find actual malice [by NYT /
Bennet] by clear &
convincing evidence." So,
trial. Inner City Press will
cover it - having previously
reported Judge Rakoff jokingly
perhaps offering that time
slot to a criminal case and
saying, Ms. Palin may just
have to wait.
It was set to
start on January 24, 2022. But
as tweeted
by Inner City Press, "Sarah
Palin v. NYT will NOT start
today. Palin has tested
positive for COVID three
times. Judge Rakoff says she
can return for trial on
February 3, unless she is
showing symptoms."
On February
3 the trial started. Inner
City Press live tweeted it,
thread here.
On February
7, after this song
things proceeded, with Inner
City Press live tweeting,
thread here
it's Palin v.
NYT, Judge Rakoff just said
(while 1 juror delayed for 10
minutes) that if James Bennet
were found liable, the NYT
would also be liable.
Judge Rakoff:
While we wait for the juror,
let's discuss the whether the
deposition of Mr. [Andrew]
Sullivan should come in, and
if, for what. NYT's lawyer:
Mr. Sullivan has his own
little sphere of products
under the umbrella of The
Atlantic, so, out. Inner City
Press @innercitypress ·
Judge
Rakoff: If Mr. Sullivan saw
these pieces [in the Daily
Dish], it would be part of his
imputed knowledge at the time
Mr. Bennet drafted these lines
in the editorial.
Plaintiff's
counsel? Palin's lawyer:
Bennet was the editor of the
Atlantic. He had knowledge.
Inner City Press
@innercitypress ·
Judge Rakoff:
Take for example legal notices
in the NY Law Journal- a fine
publication- I don't think
I've every read them. So did
Mr. Bennet read these Andrew
Sullivan posts?
Palin's
lawyer: In his deposition,
there was an exhibit put in
front of Mr. Bennet... Inner
City Press @innercitypress ·
Palin's
lawyer: Mr. Bennet said he was
a regular Atlantic reader, "I
was consuming the site"--
Judge Rakoff: Let me hear from
the defense. This is different
than what you've said. NYT's
lawyer: The Google search
didn't distinguish the Daily
Dish from The Atlantic
Now an NYT
podcaster on the witness
stand.
Q: Is Frank Rich
on the news or opinion side?
Podcast: Opinion. Judge
Rakoff: I thought he was the
theater critic of the Times?
[No answer from stand]. Before
your time, I guess.
[Laughter]. Thread will
continue. Inner City Press
@innercitypress ·
NYT
witness: The journalists who
write editorials have raising
to the top of their fields.
They no longer have bylines.
They write in the voice of The
New York Times. Q: Frank Rich
was a columnist, right? A:
Right. No columnists are
members of the editorial
board. Inner City Press
@innercitypress ·
Now a
witness who tested positive
for COVID, testifying by
video. Judge Rakoff tells
counsel how they can get
question about correcting the
piece admitted. But the advice
is ignored or rejected. So,
objection sustained. Inner
City Press @innercitypress ·
Judge Rakoff
questioning the witness, heart
of the case: So you didn't
fact check that the Arizona
shooting made political
incitement clear - was it
because these are not thing
kind of asserts you fact
check? Or an oversight?
Witness: Could have been some
of both ·
Question:
You've actually never before
heard an editor saying they
weren't sure about the
veracity of an editorial after
it was published? Witness
(virtually): I think I --
Question: You're breaking up.
Inner City Press
@innercitypress ·
Question: These
words, I don't know the truth
here, had you heard that
before? Witness: No.
Judge Rakoff:
It's jury's lunch time.... You
are excused. It's 5 after, so
we'll give you until 5 after
Back on
January 19 the New York Times
filed its proposed questions
for jurors, including "do any
of you believe that the New
York Times has a bias against
certain political parties or
issues?"Also, do you know Ross
Douthat? Andrew Sullivan?
Robert Semple?
On January 20,
Sarah Palin's lawyers filed
their proposed questions,
including "Have you followed
any recent high profile court
cases closely?" Can you say,
Ghislaine Maxwell? We'll be
there.
On January 17 -
MLK Day - the New York Times
filed a request that juror
before opening statements be
read a statement including
that "Plaintiff claims that
two statements in the
Editorial falsely communicated
to readers that she directly
caused Jared Loughner to shoot
people in Arizona in 2011."
Then, the cross-hairs. Watch
this site.
On January 11,
Judge Rakoff convened a
pre-trial session. Inner City
Press live tweeted it here.
The case is
Palin v. The New York Times
Company, 17-cv-4853-JSR
(Rakoff)
***
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