Judge Jed Rakoff tossed out former Alaska Gov. Sarah Palin‘s libel lawsuit against the New York Times. He felt that Palin’s lawyers were unable to produce enough evidence to prove the newspaper showed “actual malice” by publishing the piece.

Palin originally filed the lawsuit back in 2017 claiming the newspaper and its former page editor James Bennet defamed her by incorrectly tying the rhetoric of her political action committee to the life-threatening shooting of former Rep. Gabby Giffords (D-Arizona) and murder of six others. The opinion piece stated that a map that had been circulated by the group put Giffords, along with other Democratic lawmakers under stylized crosshairs. The paper ran a correction two days later.

“It was devastating to read, again, an accusation, a false accusation that I had anything to do with murder, murdering innocent people,” Palin said on the witness stand last week.

When asked by Palin’s lawyers about why the newspaper didn’t issue an apology, Bennett said, “The feeling of the standards editors, I think, was that of course The Times regrets its errors,” Bennet said. “They’re correcting them. That’s an extremely painful thing for the journalists and is an expression of regret.”

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The case was stalled late last month when Palin tested positive for Covid-19. After seven days of trial, the jury, which is comprised of five women and four men, began deliberating around 4 p.m. Friday. They have not yet come to a verdict. Judge Rakoff said that he will allow them the time to do so, but once they have, he will dismiss the case.

Judge Rakoff said an appeal case is nearly inevitable.

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