The Mercury News

Judge: No `speck' of proof in Palin's libel case vs. N.Y. Times

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NEW YORK >> The judge who presided over Sarah Palin's libel case against The New York Times denied her request Tuesday for a new trial, saying she failed to introduce “even a speck” of evidence necessary to prove actual malice by the newspaper.

U.S. District Judge Jed Rakoff made the assertion in a written decision as he rejected post-trial claims from Palin's lawyers.

Her attorneys had asked the judge to grant a new trial or disqualify himself as biased against her, citing several evidentiar­y rulings by Rakoff that they said were errors.

Those ranged from how the questionin­g of jurors occurred during jury selection, to how jurors were instructed when they asked questions during deliberati­ons.

“In actuality, none of these was erroneous, let alone a basis for granting Palin a new trial,” the judge said.

Rakoff wrote that regardless of her post-trial motions, Palin was required at a trial earlier this year to show that an error in a published editorial was motivated by actual malice — a requiremen­t in libel lawsuits involving public figures.

“And the striking thing about the trial here was that Palin, for all her earlier assertions, could not in the end introduce even a speck of such evidence,” he said.

Lawyers for Palin declined to comment on Rakoff's ruling.

Lawyers for The New York Times did not immediatel­y respond to comment requests.

The libel lawsuit by Palin, a one-time Republican vice presidenti­al candidate and former governor of Alaska, centered on the newspaper's 2017 editorial falsely linking her campaign rhetoric to a mass shooting, which Palin asserted damaged her reputation and career.

The Times acknowledg­ed their editorial was inaccurate, but said it quickly corrected the errors they called an “honest mistake” never meant to harm Palin.

 ?? MARK THIESSEN — THE ASSOCIATED PRESS ?? The judge presiding in the libel case brought by Sarah Palin, shown in May, against The New York Times said Tuesday she failed to prove actual malice.
MARK THIESSEN — THE ASSOCIATED PRESS The judge presiding in the libel case brought by Sarah Palin, shown in May, against The New York Times said Tuesday she failed to prove actual malice.

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