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As it happenedended

Sarah Palin defamation trial: Ex-governor defines ‘don’t retreat, reload’ as trial prepares to close

Follow the latest updates on Palin’s suit against The New York Times

Megan Sheets ,Alex Woodward
Thursday 10 February 2022 17:58 EST
Comments
(REUTERS)

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Sarah Palin testified for more than three hours in a trial stemming from her defamation lawsuit against The New York Times, which she has accused of damaging her reputation following a 2017 editorial that linked her political rhetoric to a mass shooting.

The newspaper’s legal team has appeared to argue that she has faced media scrutiny for years before she brought a legal challenge against the newspaper over an editorial that was corrected.

Ms Palin told the courtroom that “death threats” against her “ramped up” and felt like “orchestrated attacks” in the years before the editorial, and she said she felt “powerless” against the newspaper after the editorial was published.

“It was devastating to read, again, an accusation, false accusation, that I had anything to do with murdering innocent people,” she said from the witness stand in US District Court in Manhattan on 10 February.

Attorneys for the newspaper sought to undermine her claims of emotional and professional damage in the face of criticism, following her rhetoric and dozens of media appearances in her years in public office and on the Republican vice presidential ticket in 2008.

She also was questioned about her statement in the wake of a fatal 2011 shooting in Arizona, in which she wrote that “journalists and pundits should not manufacture a blood libel that serves only to incite the very hatred and violence they purport to condemn.”

Under more questioning about her multiple media appearances, the former Alaska governor and 2008 GOP vice presidential candidate begrudgingly responded when asked about her performance on The Masked Singer. She said the appearance was the “most fun 90 seconds of my life” and “it paid some bills.”

She also was questioned about one of her slogans – “don’t retreat, reload” – that she also shared on social media following criticisms against her in 2011.

Closing arguments in the trial – the first libel case against the newspaper to make it to trial in nearly 20 years – will begin on Friday.

David Axelrod, an attorney for the newspaper, asked the judge to dismiss the case, arguing that Ms Palin failed to provide evidence that then-editorial editor James Bennet knowingly published false material or with animus toward her, or was intentionally reckless in doing so.

Judge Jed Rakoff said he will reserve judgment until both parties present their closing arguments on Friday.

Earlier, the judge ruled that he will not not allow punitive damages against the Times, saying that no reasonable juror would conclude that Mr Bennet sought to injure Ms Palin.

“The evidence frankly that Mr Bennet harboured ill will toward Ms Palin is quite modest indeed,” he said.

Follow live updates as they happened

NYT attorney points out Palin public appearances after 2017 editorial

NYT attorney Axelrod notes that Palin has mentioned running for public office again and has appeared on Fox News and at Turning Point USA events after the 2017 editorial. She agreed with the statements.

That ends his cross examination.

Alex Woodward10 February 2022 17:53

Palin ‘did not expect’ controversy over 2011 ‘blood libel’ statement

Palin’s attorney, following cross-examination from The New York Times’ attorney David Axelrod, returned to questions about her 2011 statement in which she suggested journalists and pundits sought to “manufacture a blood libel” in any rushes to judgment in the wake of the fatal Tucson shootings.

Palin said that she “did not expect that anybody would take such issue with it.”

Alex Woodward10 February 2022 18:08

Court prepares for final witness and closing arguments as trial prepares to close

A final witness will take the stand in the trial stemming from Sarah Palin’s lawsuit against The New York Times, and legal teams will prepare for closing arguments as the trial comes to an end in a Manhattan courtroom.

The lawsuit involves a 2017 editorial that incorrectly connected linked the 2011 shooting of US congresswoman Gabby Giffords to a map created by her political action committee showing Democratic districts in crosshairs.

The article was published under deadline pressure on the day gunman James T Hodgkinson fired on a group of Republican lawmakers at a baseball practice in Alexandria, Virginia, in June 2017.

The Times quickly corrected the error but Ms Palin was not satisfied and launched a legal challenge alleging it had acted with malice.

The trial will resume at 2pm EST following a lunch recess.

Read more about the lawsuit, from The Independent’s Bevan Hurley:

Sarah Palin’s New York Times lawsuit: Trial begins over ex-governor’s libel claim

Experts believe Ms Palin faces an “enormously steep uphill battle” to win her libel lawsuit, which was delayed after the former Alaska governor tested positive to Covid

Alex Woodward10 February 2022 18:30

Palin defines ‘don’t retreat, reload’ as she returns to the witness stand

As the court returned from recess, Palin was asked about her “don’t retreat, reload” slogan, which she said originated from “a bumper sticker on my dad’s truck forever.”

She called it a “motivational saying” that meant “don’t back down, specifically as it applied to – my parents were marathon runners.”

“Buck up and fuel up, refuel and get back out there and try harder,” she said.

Alex Woodward10 February 2022 19:11

Palin’s testimony is over. Next up: NYT’s Hanna Ingber

Sarah Palin, who first appeared on the witness stand on Wednesday afternoon, has ended her testimony on Thursday afternoon after more than three and a half hours of testimony.

In closing questions, she acknowledged on cross examination that she campaigned for Roy Moore in the Alabama Senate race three months after The New York Times’ editorial, as the defense pointed to reporting about her potentially powerful endorsement – in an apparent attempt to undermine her claims of damages to her reputation from the editorial. Breitbart also called her a “conservative rock star” at the time.

Next up if The New York Times’ Hanna Ingber, who worked at the newspaper’s Reader Center in 2017 and fielded reader complaints and comments.

Alex Woodward10 February 2022 19:29

NYT editor who fielded editorial complaints discusses response

Palin’s attorneys are drawing attention to an email that Ingber sent to then-editorial editor James Bennet about a public response to corrections made to the editorial.

The Reader Center, effectively acting as a public editor, sought to make the newspaper transparent about the newspaper’s processes.

In the email, Ingber referred to the editorial as “the Sarah Palin editorial.” She said she was only involved after she fielded comments and complaints, as well as comments made on Twitter, about the editorial’s error involving Palin. She said her frame of reference for the editorial was through the complaints, which is why she called it the “Sarah Palin editorial.”

She suggested to Bennet that he explain his error and corrections in a Twitter thread.

Alex Woodward10 February 2022 19:41

Jury is excused for the day as parties prepare to deliver final arguments

Judge Rakoff has excused the jury for the day. Jurors will return to court at 9.30am EST on Friday.

On Friday, attorneys will deliver their closing arguments, and the case will be handed over to the jury.

The question central to the jury’s decision is whether they believe The New York Times knowingly published a defamatory statement, “meaning the statement tended to expose the plaintiff to public hatred, contempt, ridicule or disgrace,” based on evidence and testimony presented in court this week, according to jury instructions.

Alex Woodward10 February 2022 20:03

NYT attorney asks judge to dismiss case as judge rules against allowing punitive damages against newspaper

Before the court wrapped for the day, New York Times attorney David Axelrod requested that case against the newspaper be dismissed, arguing that Sarah Palin failed to offer evidence that then-editorial editor James Bennet knowingly published false material or with animus toward her, or was intentionally reckless in doing so.

Judge Rakoff said he will reserve judgment until both parties present their closing arguments on Friday.

Earlier, the judge ruled that he will not not allow punitive damages against the Times, saying that no reasonable juror would conclude that Mr Bennet sought to injure Palin.

“The evidence frankly that Mr Bennet harbored ill will toward Ms Palin is quite modest indeed,” he said.

Alex Woodward10 February 2022 20:29

Sarah Palin leaves court

Sarah Palin did answer shouted questions from reporters outside US District Court in Manhattan as she walked to her car waiting by the curb.

Alex Woodward10 February 2022 21:48

Sarah Palin testifies she was ‘powerless’ over New York Times editorial in libel case

Closing arguments in the first libel trial against The New York Times in nearly 20 years will begin on Friday in a case that could affirm legal precedents that have provided broad legal protections to journalists and media organisations when writing about public figures.

The latest from Sarah Palin’s testimony from today’s courtroom:

Sarah Palin testifies was ‘powerless’ over NYT editorial at centre of libel case

On the witness stand, former Alaska governor compares herself to David with newspaper as Goliath

Alex Woodward10 February 2022 22:28

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