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'He shouldn't have done this': Legal experts slam Clinton-appointed judge for tossing out Sarah Palin's NY Times libel case while the jury was STILL deliberating and say he has interfered in the legal process
Daily Mail ^ | 15 February 2022 | ALYSSA GUZMAN and DANIEL BATES and NATASHA ANDERSON

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 ...


TOPICS: News/Current Events; US: New York
KEYWORDS: bidenvoters; clinton; clintonjudge; corruption; deepstate; defamation; defundthepolice; ericadams; jedrakoff; jedsrakoff; jerkoff; lawsuit; libel; manhattandutystation; media; msm; newyork; newyorkcity; newyorkslimes; newyorktimes; nyt; nytimes; palin; rakoff; rapinbilljudge; sarahpalin; sdnewyork; sdny
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1 posted on 02/14/2022 10:24:21 PM PST by conservative98
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To: conservative98

What the hell is this judge pulling?!?

2 posted on 02/14/2022 10:26:29 PM PST by conservative98
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To: conservative98
NY Post: Palin said outside the courthouse Monday that the judge’s decision “usurps” the jury.

“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.


3 posted on 02/14/2022 10:28:03 PM PST by conservative98
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To: conservative98

Read John 8:44, and all of your questions will be answered.


4 posted on 02/14/2022 10:29:06 PM PST by Prole
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; BraveMan; cardinal4; ...

5 posted on 02/14/2022 10:30:10 PM PST by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: conservative98

Wouldn’t this be grounds for an appeal?


6 posted on 02/14/2022 10:33:22 PM PST by Steely Tom ([Voter Fraud] == [Civil War])
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To: conservative98

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.


7 posted on 02/14/2022 10:34:38 PM PST by Wuli
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To: Wuli

Seems to me this judge needs to be given his walking papers.


8 posted on 02/14/2022 10:36:56 PM PST by Maudeen (PSALM 91 - GOD'S ANTIDOTE FOR THE CORONAVIRUS & VACCINE)
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To: Maudeen
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].

9 posted on 02/14/2022 10:40:48 PM PST by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: conservative98

So lock him up.....


10 posted on 02/14/2022 10:44:34 PM PST by Paladin2
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To: Steely Tom

He was already appealed and lost.

He needs to be smacked down again.


11 posted on 02/14/2022 10:46:05 PM PST by Paladin2
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To: conservative98

Why? Well perhaps he was asked to take a walk through Fort Marcy Psrk.


12 posted on 02/14/2022 10:47:22 PM PST by llevrok (Pronouns: Me/myself/& I)
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To: conservative98

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.


13 posted on 02/14/2022 10:47:38 PM PST by lee martell
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To: conservative98

An odd move. How often does this happen?

It certainly looks like Palin has cause to appeal.


14 posted on 02/14/2022 11:19:28 PM PST by lurk (u)
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To: conservative98

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?


15 posted on 02/14/2022 11:25:45 PM PST by tsomer
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To: tsomer
Could this reasoning extend to dismiss the lawsuits filed against Sidney Powell and Rudy Giuliani?

It’s not a good fit. The argument by the Times was that, as soon as its error about Palin was called to its attention, the paper corrected the error. I think it was a matter of hours. That tends to support the defense that the initial report was a stupid screwup rather than malice.

The New York State court decision suspending Rudy’s law license slammed him on that very point. The court found that he made false statements and kept on making them, over several days, even after he had the information to show they were false.

If a defamation defendant said some things that were true and some that were false, the presence of the truths doesn’t excuse the errors, although it may tend to reduce the plaintiff’s damages. A "mostly correct" statement can still be defamatory. Rudy was trying to get a case out to the public, under time pressure, and he got several things wrong. That's understandable. His problem is that – unlike the Times – he persisted in his errors (humility not being his strong suit). I think he has some serious exposure.

I don’t know enough about Powell’s situation to answer your question as to her.
16 posted on 02/15/2022 12:16:07 AM PST by Eagle Forgotten
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To: conservative98

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.


17 posted on 02/15/2022 12:16:30 AM PST by zeestephen
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To: conservative98

Grounds for appeal re judicial bias or misconduct.


18 posted on 02/15/2022 12:19:18 AM PST by MadMax, the Grinning Reaper (Figures )
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To: conservative98

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?


19 posted on 02/15/2022 12:30:01 AM PST by Gnome1949
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To: conservative98

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?


20 posted on 02/15/2022 12:51:10 AM PST by Robert357
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