Josh Gerstein Profile picture
Feb 11 10 tweets 2 min read
HAPPENING NOW: Closing statements beginning in Palin v. NY Times libel case in Manhattan federal court. Ken Turkel is closing for Palin. Earlier: politi.co/3oFsb9E
Turkel says Palin accepted ‘insults’ & ‘jokes’ during 2008 presidential race, but by time of NYT editorial in 2017 things had changed. 'The line had to be drawn at some point,’ Turkel said. 'We can disagree but you can’t say false things. That’s where the line gets drawn.'
Turkel claims that by 2017 Palin was powerless or near powerless to rebut the NYT. 'She did not have the same platform in 2017 as she had in 2008 or even in 2011 when the Tucson massacre occurred,’ he says.
Turkel ridicules NYT’s explanations for not putting Palin’s name in the corrections (a fairly standard policy across the media, regardless of its merits).
Turkel: 'Those types of nonsensical explanations are why we’re here. They’re indicative of an arrogance and a sense of power that’s uncontrolled and for which Gov. Palin’s only remedy is to use our system here.'
'An entity as large as the new York tiems company controls every aspect of this dialogue,’ Palin attorney Turkel says.
Turkel also claims case is not about money, but later acknowledges all civil cases are. ‘But that’s not why we’re here,’ he says. Hasn’t said why we are here, though, yet. [It’s either to vindicate Palin, or stick it to the NYT, or perhaps to change libel law?]
Turkel now trying to turn Bennet’s both-sides impulses into a strike at Palin. Trial suggested an overcorrection, after that initial impulse failed to find violent rhetoric on left, led to stronger language against Palin PAC than was warranted. Earlier: politi.co/3B7aS6s
Turkel derides NYT editorial page staffer Phoebe Lett, saying her job was research, to ‘entertain the guests and do some minimal fact checking.'
Turkel mocks NYT lawyers’ contention that a slur against Sarah PAC didn’t implicate Palin. Turkel: 'We don’t call McDonalds’ Ray Kroc’s hamburger store, because it’s a corporation. Sarah PAC--everybody refers to it as Sarah Palin’s Political Action Committee.'

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More from @joshgerstein

Feb 10
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
Read 30 tweets
Jan 5
NEW: Garland parries criticism of Justice Dept. response to Jan. 6 #CapitolRiot. Story w/@kyledcheney politico.com/news/2022/01/0… A few thoughts on speech….
Garland made noises about DOJ prosecuting higher-ups or inspirers, without naming names, but there's been no sign that's actually happening and there are ways we would expect to know. He did say they're following the money. May relate to reported probe of Powell-linked groups
Garland has been EXCEEDINGLY circumspect about public comments on Jan. 6, because just as he arrived at DOJ, judges were slamming prosecutors over interview acting US atty Sherwin gave predicting sedition charges politico.com/news/2021/03/2…
Read 8 tweets
Jan 5
HAPPENING NOW: During hearing on #FARA case against Tom Barrack, his lawyer Dan Petrocelli again implies politics at work in indictment. Says investigation was done in mid-2019, but client wasn’t charged til 2021. Of course, may have been politics in his non-indictment, too
Issues around classified info expected to complicate case, Judge Brian Cogan says he’ll meet privately with defense counsel in May to hear their theories about what secrets could help their case. Later, he’ll meet with prosecutors about what’s actual in government files
‘That’s great,’ Lowell says about judge’s offer to meet with defense ex parte
Read 5 tweets
Dec 13, 2021
PUBLIC SERVICE ADVISORY: For anyone trying to listen to audio feed of DC Circuit arguments in Trump v. Mazars this morning, the court advises it has had a technical glitch and has recessed to address it bit.ly/3m2s7iV
And it has added a scary exclamation point to its YouTube feed. It’s almost like an Emergency Broadcast System test. (Yes, I know that’s the old name.) I’m waiting to be told where to tune for official news or information.
And we’re back.
Read 4 tweets
Dec 8, 2021
HAPPENING NOW: Discussion of possible trial date for former DNC outside counsel Michael Sussmann, charged with false statement to FBI by Special Counsel Durham. Judge says he understands deft’s desire to ‘get on with his life win, lose or draw.'
But judge cooper notes congestion of DC fed court trial calendar (1/6 stuff but he didn’t mention)… “Unfortunately, I don't have the authority sitting here just to issue a trial date…We are operating under a master trial calendar….I need to get clearance."
Cooper: 'I think where this is going [for trial] is mid-late-May, early June.' Notes again that Durham prosecutors already have Danchenko trial scheduled for April 18 in EDVA.
Read 5 tweets
Oct 22, 2021
BREAKING: Giuliani associate Lev Parnas guilty on all counts at trial on charges of routing foreign money into US campaign and making straw donations. Co-defendant Andrey Kukushkin also guilty on charges he faced. Earlier: politi.co/2Zk0FoL
Judge is polling the jury now.
Prosecutors seek detention of both defendants
Read 4 tweets

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