Posted on 02/14/2022 10:24:21 PM PST by conservative98
Legal experts have slammed the Clinton-appointed New York judge who tossed Sarah Palin's libel lawsuit against The New York Times while jurors are still deliberating the case and say he's effectively hobbled the jury.
'I would have expected the judge to wait for the jury to return its verdict before ruling on the motion for judgment as a matter of law, because there was no urgency to issuing that ruling,' attorney Mitchell Epner, of Rottenberg Lipman Rich PC, told Law & Crime on Monday.
'Nothing would have changed if he had waited for the verdict to have been announced, or for the jury to say that they couldn’t reach a verdict.'
While jurors have been warned to avoid reporting of the case until they've concluded their task, experts say it's inevitable that news of its dismissal will reach them, and potentially undermine their efforts to reach an honest, unprejudiced verdict which no longer carries any weight.
US District Court Judge Jed Rakoff made the ruling on Monday afternoon as the jury deliberated whether the Times defamed her by linking her to a 2011 shooting spree in Arizona that injured Congresswoman Gabby Giffords.
Rakoff claimed he'd done so because her lawyers failed to produce evidence the paper had acted maliciously. He used a 1964 precedent which states that journalists who defame people accidentally, and without malice, cannot be convicted, to justify his ruling.
[cut]
Rakoff said he will order the dismissal of Palin's lawsuit, but enter his order after her jury finishes its own deliberations. He added that he expected Palin to appeal
(Excerpt) Read more at dailymail.co.uk ...
What the hell is this judge pulling?!?
“This is a jury trial. We always thank jurors. We always appreciate the system. So whatever happened in there kind of usurps the system,” she told reporters.
Read John 8:44, and all of your questions will be answered.
Wouldn’t this be grounds for an appeal?
If the idiot judge is right, he could have ended the trial before sending it to the jury to deliberate, on the same legal basis he now claims he’ll do no matter what the jury decides. However, cannot a Palin appeal claim it was up to the jury to decide if the Pravda On The Hudson journalists acted with malice or not? Sometimes I wish the standards for impeaching judges was broader than it is, as some are just idiots.
Seems to me this judge needs to be given his walking papers.
One of the things that angers the Left the most about Trump is that Cankles was robbed of four years of appointing Lefty stooges like Jed Rakoff to the federal bench [yes, Rapin Bill Clinton appointed this snake POS].
So lock him up.....
He was already appealed and lost.
He needs to be smacked down again.
Why? Well perhaps he was asked to take a walk through Fort Marcy Psrk.
I really hope Sarah appeals this dumb decision.
I don’t know if she’s low on money. Hope not.
Maybe her lawyers are working on a contingency basis.
This “Judge” was so damn eager to get a pat on the head from Bill and Hillary Clinton, that, legally speaking, he has very likely just stepped on his own d**k.
And that is my educated conclusion.
An odd move. How often does this happen?
It certainly looks like Palin has cause to appeal.
This judge just gave all of the journalists who were intimidated, and perhaps still under legal jeopardy from actions filed by Dominion and Smartmatic?
Could this reasoning extend to dismiss the lawsuits filed against Sidney Powell and Rudy Giuliani?
Commentary magazine discussed this case today in their podcast, before the appellate ruling was announced.
John Podhoretz, editor of Commentary, made the excellent point that the offending accusation was published on the editorial page of the NYT - not on a news page.
Almost by definition, editorials in the NYT attack the Political Right, and they consciously attempt to harm our cause.
Podhoretz made a strong case that defamatory factual errors in the news section must be tolerated, if there is no proven malice.
But, defamatory factual errors on the editorial page should have no exemptions whatever.
I am sure Commentary will have more discussion on this topic on the Tuesday podcast.
Regardless, no well known Conservative can get a fair trial in front of a New York City judge and jury.
Grounds for appeal re judicial bias or misconduct.
Making a public accusation Palin caused a violent criminal act by something she said is prima facie defamation. Falsely accusing someone of a crime is defamation on its face.
Keep in mind the United States government now considers public protests against tyrannical acts of the government “terrorism” and “insurrection.”
Defamation is now allowable public policy ONLY if it’s done by Democrats.
How can Americans believe in a way out of this tyranny through the legal system when the system is so totally corrupted by biased judges?
I have always loved how the left loved to impeach people. Also the left has always love the phrase obstruction of justice.
Perhaps it is time to disbar or impeach the judge?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.