Thread by @joshgerstein

HAPPENING NOW: Ex-Gov. Sarah Palin back on the stand in trial of her libel suit against NY Times. Says she was flooded with speaking and campaign assistance requests starting in 2009 and late ‘really slowed down.' Earlier: politi.co/3B7aS6s

Palin just said that NYT ‘lied…again’ in 2017 by tying her rhetoric to violence. Objection from NYT lawyer because jury is only supposed to consider 2017 statements & unclear what Palin is referring to. She says she doesn’t have specifics. Now a rare sidebar--jury can’t hear

Judge Rakoff doesn’t like sidebars b/c they waste the jury’s time but some things can’t be fully argued in front of jurors, like what they should not be hearing. Any prior stories by NYT before 2017 would be well outside the statute of limitations and are not covered by the suit

Rakoff says he’s ‘resolved a legal issue.’ Questioning of Palin by her lawyer Ken Turkey resumes, focusing on 2017 publication of ‘America’s Lethal Politics’ editorial. Palin says she was ‘mortified again’ when she saw the editorial.

Palin says when 2017 editorial came out she was in a weaker position to respond than earlier. 'In that context, I was powerless.…I didn’t have any television contracts. I wasn’t a regular on television I didn’t have that platform.'

Palin says that after the 2017 shooting at the GOP Congressional baseball practice she preemptively came to Sen. Bernie Sanders’ defense after shooter was identified as a Sanders supporter. ‘I wanted Bernie Sanders not to be blamed,’ ex-gov says.

Now, Palin is explaining this tweet:

https://twitter.com/sarahpalinusa/status/875344882327531522

Palin says it was ‘devastating’ to see 2017 editorial even after corrections and again claims she felt powerless to respond. 'I knew I was up against Goliath and I felt ….that I was David,’ she said. Her direct testimony wrapping up now….cross-examination may be more fiery

Cross is beginning now by NYT outside attorney David Axelrod

He’s asking her about her resignation as governor in July 2009, which was reportedly due to mounting legal bills related to ethics investigation.

Axelrod just asked Palin about 'lawsuits and ethical violations’ leading to her resignation. Palin atty objects. Judge sustains, ruling that this line of questioning is unduly prejudicial.

Palin says she hasn’t given a paid speech in a while. NYT lawyer says she’s still on this website as a paid speaker. (unmentioned is that they post people as speakers w/o permission…like me! bit.ly/3HJBkW2 )

Axelrod notes that Palin got a new Fox contract in 2013, after the Loughner shooting. She says post end of her contract 2015 she was on ‘not nearly as often.’ But she’s been a guest on many occasions since….

Now Qs about her reality TV career and recent appearance on 'Masked Singer.’ Palin herself says: ‘objection,’ prompting laughter

Trial into break now following questions about her response to early controversy over the 2010 targeting map. This was her response on Twitter at the time:

https://twitter.com/sarahpalinusa/status/10935548053

Back from break, NYT lawyer Axelrod is questioning Palin about her statement issued back in 2011 following the Arizona shooting. I think it’s this version that appeared in POLITICO politi.co/3HMLOUL

Palin complains that NYT lawyer is asking ‘leading’ question. Opposing counsel is permitted to do that.

Palin just suggested that she’s never publicly flirted with running against Sen. Lisa Murkowski (R-Alaska). ‘I don’t know if I’ve talked about me challenging her specifically, but supporting a worthy candidate,’ she said.

Palin testimony resuming now. On re-direct from her lawyer, Ken Turkel. Story so far: politi.co/3oFsb9E

Palin is now asserting that, ‘Don’t retreat, reload,’ expression is really about sports. It was a bumper sticker on her dad’s truck, she said. ‘It applied to my parents who were marathon runners….Don’t back down buck up fuel up get back out there and try harder,’ she adds.

Palin acknowledges on re-cross that she barnstormed for Judge Roy Moore in Alabama Senate race three months after the NYT editorial. Breitbart also called her a ‘rock star.'
Palin goes off stand now after a total of about 3.5 hours of testimony.

Judge would not allow further testimony about Moore, citing prejudicial impact. That would get into the underage sex allegations that led Moore to lose the race, presumably.

Final witness: former NYT reader center chief Hannah Ingber. Reader center is what NYT ginned up to replace the public editor when they eliminated that position.

Ingber says 1 purpose of Reader Center was to make paper seem ‘less arrogant'

Ingber clearly found the NYT Opinion section highly compelling. ‘I didn’t typically read editorials,’ she says.

Ingber says Reader Center was set up to help paper listen to readers’ feedback and respond to it, including when there should be more coverage of a particular story. Readers’ desire for less coverage of some kinds led to Bennet’s departure in 2020.

Ingber is done and it appears testimony has concluded. 1 stipulation coming then evidence will close.

Some stats on page views were read into record. Both sides have rested. Jury has been dismissed for day. Judge says jury will get case to deliberate either ‘very late’ tomorrow or on Monday.

Palin lawyer Turkel seems to have thought jury would return a verdict very quickly-by tomorrow afternoon. Doesn’t look like jury would even be charged before the relatively early quitting time tomorrow. Her lawyers did say they viewed this as uphill battle politi.co/3syy7CH

Important ruling: Judge Rakoff will not allow punitive damages against Times. Judge: 'The evidence frankly that Mr. Bennett harbored ill will towards Ms. Palin is quite modest indeed.’ Says no reasonable juror could conclude sole reason for libel was desire 2 injure plaintiff