Thread by @innercitypress

OK - now Sarah Palin v. NYT trial continues @SDNYLIVE, with Judge Jed S. Rakoff hearing argument before the jury comes in. Palin's lawyers have argued for punitive damages overnight innercitypress.com/sdnytrial3pali… Inner City Press will live tweet, thread below

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

Judge Rakoff: Last I remember, the party offering evidence has the burden to show it is relevant. You and your able colleagues seem to be arguing that if there is anything helpful to your case and Mr. Bennet denies seeing it, it's admissible. That's ridiculous.

Judge Rakoff: At another break, during his testimony, I will allow you to put some foundational questions to him outside the presence of the jury. If you can establish more than you have so far, I will reconsider.

Now witness is back on the stand, about grafs and blurbs.
Q: Ms. Cohn I want to ask you again about the conversations throughout the day. There were such communications throughout the day, correct?
Objection!
Judge Rakoff: Sustained.

Q: Throughout the day were you speaking with members of your team about the editorial, America's Lethal Politics?
Cohn: Yes. Nick Fox might have stepped into my office at some point and mentioned he had a conversation with Elizabeth Williamson about the piece.

Q: Do you recall going to Mr. Bennet's office and saying, We need to talk?
Cohn: Yes, that was after I'd actually read the draft. I asked, Where are we going with this? I felt unsure. I felt he needed to take a look and weigh in.

Q: At 4:09 pm, you say "I'll pick up Elizabeth," right?
Cohn: Yes.
Q: Beyond Nick Fox, who was involved?
Cohn: Bob Semple.
Q: Is this the back-field directory?
Cohn: Yes.
Palin's counsel: We offer Exhibit 148.
NYT counsel: No objection.
Judge Rakoff: Admitted.

Q: So, here you wrote, Are there signs of mental illness? Or is it just that anyone who commits a mass shooting is deranged. Why?
Cohn: It's just something for me to remember. I want to think about this. But anyone could comment on it.

Cohn: I was trying to think of a political figure on the left who was inciting violence. All I could think of was the comedian Kathy Griffin holding Trump's head.
Palin's lawyer: May I approach the witness? With a copy of her deposition?
Judge Rakoff: Yes.

Cohn: I was thinking about the period of time, early Tea Party, when the discourse was coarsening and people began to view opponents as enemies to be hated.
Palin's lawyer: Do you recognize 140-F, Ms. Cohn?
Cohn: I don't see my name... Oh, now I do.

Then Cohn on re-cross said that the New York Times has a policy, even in making a correction, of not "repeating the error" and that's why the correction did not mention or apologize to Palin. Story coming in InnerCityPress.com and patreon.com/MatthewRussell…

Story below.
Judge Rakoff starts post-lunch session by saying he'll have to leave right at 3:30 pm today, to go teach at Columbia Law School, but his law clerk will email counsel a revised jury instruction to be argued tomorrow at 9 am matthewrussellleeicp.substack.com/p/in-nyt-defam…

Palin's lawyer: Mr. Bennet, did you attempt under New York Times policy to see if you could take the piece down?
Bennet: I did not.
Palin's lawyer: You said We are facing criticism. Based on what?
Bennet: The criticism I saw on Twitter.

Palin's lawyer: Mr. Bennet, why were you now researching if there was a link between the Giffords shooting and politics, if that's not the point you'd tried to make in your editorial?
Bennet: I was researching based on the criticism.

It's 3:30 pm and as he said, Judge Rakoff has just called it for the day. "See you tomorrow," he tells counsel. Inner City Press back to crypto Mag court watch:

https://twitter.com/innercitypress/status/1491143679662510082