Sarah Palin’s attempt to disqualify the judge who dropped her libel lawsuit against the New York Times and get a new trial failed on Tuesday.
The former Republican vice presidential nominee asked Manhattan Federal Court Judge Jed Rakoff in March to disqualify himself, arguing that a new trial was needed after he made a series of errors that compromised the jury’s decision.
Palin said Rakoff wrongly dismissed the case while the jury — who ultimately sided with the Times — was still deliberating.
Rakoff said in February Palin’s lawyers failed to present evidence that the paper and former editorial page editor James Bennet acted with actual malice when they published the 2017 article headlined “America’s Deadly Politics.”
Palin’s attorneys said Rakoff set the bar too high to prove the Times acted maliciously.
The judge scoffed at the former Alaska governor’s request to resign in a written statement Tuesday, calling it “frivolous.”
“The unfounded allegations of impropriety in Palin’s motion cannot replace what her trial presentation lacked: evidence of actual malice,” he wrote.
Rakoff said she found no legal errors in her request.
The article in question, an editorial dated June 14, 2017, was published the same day a gunman opened fire on GOP members of Congress at a baseball field in Northern Virginia — attempting to shut down gun control and heated political rhetoric in the US Leave a Comment.
Editing the editorial, Bennet mentioned the fatal mass shooting in 2011 that seriously injured Representative Gabby Giffords in Arizona.
In the paragraph, Bennet claimed there was a “clear” connection between the massacre and “political incitement,” based in part on a map created by Sarah Palin’s Political Action Committee.
A connection was never made and the story was corrected the next morning. Palin sued the Times weeks after the article was published.
Palin, who is running to represent Alaska in Congress, is appealing the verdict.
With postal wires
https://nypost.com/2022/06/01/sarah-palin-loses-bid-to-disqualify-judge-jed-rakoff-from-ny-times-defamation-trial/ Sarah Palin loses bid to disqualify Judge Jed Rakoff from NY Times defamation trial