Sarah Palin Slams the New York Times in Testimony for Her Defamation Suit Against ‘the Gray Lady’

Palin was grilled by defense lawyers on Monday afternoon.

AP/Seth Wenig
Sarah Palin arrives April 21 at a defamation trial that an editorial about gun control in The New York Times in 2017 was devastating and “kicked the oomph” out of her AP/Seth Wenig

Governor Palin testified that a 2017 New York Times editorial that falsely linked her rhetoric to an Arizona mass shooting that killed six people and gravely wounded Congresswoman Gabby Giffords “kicked the oomph” out of her and her career.

Ms. Palin claimed on Monday that the Times did not correct the editorial or remove the impression that she was responsible for a mass murder. The Times did acknowledge that the editorial was inaccurate, but called it an “honest mistake.” It published a correction below the editorial the next day and has vigorously defended itself.

Ms. Palin said that she was very upset when she found out what the paper had written and has claimed the editorial damaged her career as a political commentator.

“I felt defenseless. It just kicked the oomph right out of you,” Ms. Palin said.

During cross examination, Ms. Palin said that crosshairs on a campaign map showing 20 House Democrats her PAC was “targeting” were simply emojis her campaign plagiarized from Democrats.

In a lighter moment, Ms. Palin’s lawyer asked her what she thought of Tina Fey’s portrayal of her on “Saturday Night Live.” Ms. Palin said she thought the actress “nailed it” in playing her.

Ms. Palin also testified Monday that she can’t log into her own Facebook page and it is run by other people. She also said the Sarah Palin website is run by two employees, not her.

And she confirmed she is on Cameo and she is paid to create a few personalized messages a week, including doing one this past weekend.

She also claimed that she rarely gets paid to give speeches anymore.

The former New York Times opinion editor who wrote the editorial told the jury on Friday he “blew it” when he made the mistake.

“I do apologize to Gov. Palin for this mistake,” a choked up Mr. Bennet said. Mr. Bennet is the brother of Democratic Colorado Senator Michael Bennet, who is a possible presidential candidate in 2028. “I was really upset, and I still am, obviously.”

Ms. Palin initially sued in 2017. The paper was cleared of wrongdoing in the first trial in February 2022 but the 2nd U.S. Circuit Court of Appeals in Manhattan ordered a retrial last year, citing errors made by Judge Jed Rakoff.

Judge Rakoff, 81, is overseeing the retrial despite the appeals court pointing the finger at him for saying he planned to toss the claims no matter what verdict the jury came up with. The jurors found out that information via a push alert on their phones as they deliberated.

The case is taking place amid a landscape where other media companies have settled high-profile defamation cases, including one brought by the president.

Ms. Palin insists that the Times’ conduct met the standard for defamation of public figures — “actual malice” — under the Supreme Court precedent that governs defamation law — New York Times v. Sullivan. Actual malice implies that the newspaper was aware that what it was publishing was incorrect but published it regardless.

Ms. Palin hopes to use the case to eventually have the Supreme Court revisit Sullivan where Justices Clarence Thomas and Neil Gorsuch have indicated they could support limits to the malice standard or getting rid of it.

Testimony in the case wrapped up on Monday afternoon and closing arguments are due to take place on Tuesday morning. The jury could have the case in the afternoon.

After the jury was released for the day lawyers for the Times asked for dismissal of the case claiming Ms. Palin failed to show any actual malice.


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