Thread by @innercitypress

OK - 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. Inner City Press is covering the case innercitypress.com/sdnytrial1pali… and will live tweet, thread below

https://twitter.com/innercitypress/status/1490009705422495749

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.

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.

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...

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.

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.

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.

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.

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. Story soon on InnerCityPress.com and patreon.com/MatthewRussell…

Next witness: Linda Cohn, she started working at the New York Times in 1988 (she's retired now).
unlediting.weebly.com/blog/cohn-an-e…

Q: What does a copy editor do?
Cohn: You're the last person to read the copy before it goes to press. I read the piece around 4:30 or 4:45 pm

And now, at 3:30 on the nose, the questioning of Cohn is ended for the day.
Judge Rakoff: Mr. Cohn, is the fact that Jimmy Connors went to your high school a source of pride? Ah, pride by association. See you tomorrow.

Now NYT lawyer complaining about something he says jurors saw as they went out. Palin's lawyer says he was unaware of it. Judge Rakoff asks, if there's any application (for relief) that it be in writing. We'll be in the lookout for it. Now, the charging conference

Elevator gate? NYT lawyer complains that jurors heard a statement of hope that Palin wins, and distaste for NYT. It's true that in criminal cases, they tell you in the courtroom not to leave until the jurors have left the floor. But let's see