NEW YORK — A retrial commenced on Monday involving Sarah Palin’s accusations that The New York Times libeled her in an editorial that dates back eight years. Opening statements are due to occur on Tuesday. This provides the former Republican vice-presidential candidate and ex-Alaska governor with another opportunity to convince a federal jury that the newspaper’s 2017 editorial unfairly linked her campaign rhetoric to a mass shooting, which she claims tarnished her reputation and career.
The Times has admitted to the editorial’s inaccuracies but maintains that it swiftly amended the “honest mistake.” The jury selection, characterized by its brevity, took less than an hour. Presiding Judge Jed S. Rakoff offered jurors a concise overview of the case, introducing Palin as the plaintiff and The New York Times as the defendant, with a touch of humor by suggesting both parties were “complete unknowns.”
The trial, projected to span up to two weeks, follows the decision of the 2nd U.S. Circuit Court of Appeals, which revived the case. Previously, in February 2022, Rakoff dismissed Palin’s claims during jury deliberations. The jury subsequently delivered a verdict unfavorable to Palin.
The 2nd Circuit, in reinstituting the lawsuit, argued that Rakoff’s premature dismissal undermined the jury’s role. Additionally, the appeals court identified flaws in the original trial, such as exclusion of evidence, flawed jury instructions, and an incorrect response to a jury inquiry.
Before the jury selection began on Monday, Rakoff, known for his humor and self-deprecation, noted that the appeals court believed he erred significantly. Reflecting on the matter, he commented on having revisited the entire court opinion with some reluctance.
The retrial is unfolding in a media climate marked by heightened scrutiny, as individuals and political figures, notably those aligned with President Donald Trump’s perspective on the media, have been more assertive in addressing perceived unjust treatment by news outlets. In this context, Trump has pursued significant legal actions, such as a $20 billion suit against CBS News over an edited “60 Minutes” interview and a legal challenge against the Des Moines Register for an inaccurate Iowa election poll. ABC News reached a settlement with Trump following a false assertion regarding a civil liability case involving writer E. Jean Carroll.
Kenneth G. Turkel, legal counsel for Palin, declined to provide comments following the day’s proceedings in court. Meanwhile, Charlie Stadtlander, spokesperson for The Times, remarked that Palin’s grievances arose from “a passing reference to an event in an editorial that was not about Sarah Palin.”
He further expressed confidence in the newspaper’s chances, stating, “That reference was an unintended error, and quickly corrected. We’re confident we will prevail and intend to vigorously defend the case,” emphasizing their commitment to a robust defense in the trial.