×
Newsmax TV & Webwww.newsmax.comFREE - In Google Play
VIEW
×
Newsmax TV & Webwww.newsmax.comFREE - On the App Store
VIEW
Skip to main content
Tags: actual malice | defamation | lawsuit | the new york times | appeal

Alan Dershowitz to Newsmax: Palin Trial Judge Made 'Mistake'

(Newsmax's "America Right Now")

By    |   Saturday, 19 February 2022 02:14 PM EST

The judge who dismissed Sarah Palin's defamation lawsuit against The New York Times while the jury was deliberating not only "made a mistake," but he made the verdict "moot" on appeal, according to legal expert Alan Dershowitz on Newsmax.

"I was very surprised," Dershowitz told Saturday's "America Right Now," referring to U.S. District Judge Jed Rakoff, who overlooked cell phone push notifications alerting jurors during deliberations. "I know Judge Rakoff. He's a terrific judge, but he made a mistake here, and the Court of Appeals will discount the jury verdict.

"The Court of Appeals will take this case on the assumption that the judge called the jurors all in and said, 'oh, by the way, ladies and gentlemen of the jury, while you're deliberating, I want you to know I've dismissed this case, and so what you're doing is all moot.'

"That's the way in which the court will deal with it. It will discount the jury verdict because the jury verdict may very well have been influenced. And we know jurors were aware of that judgment."

Now, Dershowitz told host Tom Basile, the appeal could lead to a changing of the libel standard of the "concept of malice."

"Now, whether the Court of Appeals will say there was enough evidence to establish malice, that's the hard question, and that issue may go to the Supreme Court, and we may see a redefinition of the concept of malice," he added.

Dershowitz noted the mistake of ignoring the possibility the jury would get alerts on their cell phones was made because of a concerted effort by Judge Rakoff to write an opinion on the case that he otherwise would not be permitted to officially file.

"The judge should have either dismissed before the jury went into deliberate or wait until the jury verdict came back," Dershowitz said. "But the judge wanted to write an opinion, and if the jury verdict came the way it did – in favor of The New York Times – the judge would have no opportunity to write an opinion.

"So, he wanted to write an opinion, and the only way to do it is in the middle of jury deliberation, because if he did it at the beginning of jury deliberations, then the issue would be a legal one on appeal.

"He wanted to make an edict. He wanted to have a verdict in his favor, and he wanted to have an opportunity to write, and it may come back to bite him in the end."

Effectively, the mistake might have done Palin's attorneys a favor on appeal, Dershowitz concluded.

Note: See Newsmax TV now carried in more than 100 million U.S. homes, on DirecTV Ch. 349, Dish Network Ch. 216, Xfinity Ch. 1115, Spectrum, U-verse Ch. 1220, FiOS Ch. 615, Frontier Ch. 115, Optimum Ch. 102, Cox cable, Suddenlink Ch. 102, Mediacom Ch. 277, AT&T TV Ch 349, FUBO and major OTT platforms like Roku, YouTube, Xumo, Pluto and most smart TV's including Samsung+, Sony, LG, Vizio and more – Find All Systems that Carry Newsmax – Click Here

© 2022 Newsmax. All rights reserved.


Newsmax-Tv
The judge who dismissed Sarah Palin's defamation lawsuit against The New York Times while the jury was deliberating not only "made a mistake," but he made the verdict "moot" on appeal, according to legal expert Alan Dershowitz on Newsmax.
actual malice, defamation, lawsuit, the new york times, appeal
518
2022-14-19
Saturday, 19 February 2022 02:14 PM
Newsmax Media, Inc.

Sign up for Newsmax’s Daily Newsletter

Receive breaking news and original analysis - sent right to your inbox.

(Optional for Local News)
Privacy: We never share your email address.
Join the Newsmax Community
Read and Post Comments
Please review Community Guidelines before posting a comment.
 
TOP

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved
Download the NewsmaxTV App
NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved