Sarah Palin tests positive for COVID, NY Times defamation trial delayed

FILE - Former Alaska Governor and 2008 Republican party Vice Presidential nominee Sarah Palin.

Former Alaska Gov. Sarah Palin tested positive for coronavirus, again, as her courtroom battle with the New York Times over claims of defamation was set to begin on Monday.  As a result, the trial is being delayed.

U.S. District Judge Jed Rakoff, who is presiding over the case, made the announcement Monday morning.   He said the trial can begin Feb. 3 if Palen has adequately recovered by then.

"She is of course unvaccinated," added Rakoff.

The 2006 Republican U.S. vice presidential candidate has been vocal against vaccination for COVID-19 saying she had natural immunity and would not need the vaccine.

Despite that, in March, Palin said she tested positive for COVID-19 and urged people to take steps to guard against the coronavirus, such as wearing masks in public.

"I strongly encourage everyone to use common sense to avoid spreading this and every other virus out there," said Palin at the time.

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It was not yet clear what changes to the trial in Lower Manhattan Judge Rakoff would make in light of the new development.

Palin's case survived an initial dismissal in 2017 that was reversed on appeal in 2019, setting the stage for a rare instance that a major news organization will have to defend itself before a jury in a libel case involving a major public figure.

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Palin, 57, claims the Times damaged her reputation with an opinion piece penned by its editorial board that falsely asserted her political rhetoric helped incite the 2011 shooting of then-Arizona U.S. Rep. Gabby Giffords. The newspaper has conceded the initial wording of the editorial was flawed, but not in an intentional or reckless way that made it libelous.

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It’s presumed that Palin will be the star witness in the civil case, taking the stand to back up accusations that the Times should pay damages for hurting her budding career as a political commentator. There was no response to messages left last week with her lawyers asking if and when she will testify.

Palin sued the Times in 2017, citing the editorial about gun control published after Louisiana U.S. Rep. Steve Scalise, also a Republican, was wounded when a man with a history of anti-GOP activity opened fire on a Congressional baseball team practice in Washington.

In the editorial, the Times wrote that, before the 2011 mass shooting that severely wounded Giffords and killed six others, Palin’s political action committee circulated a map of electoral districts that put Giffords and 19 other Democrats under stylized crosshairs.

In a correction two days later, The Times said the editorial had "incorrectly stated that a link existed between political rhetoric and the 2011 shooting" and that it had "incorrectly described" the map.

The disputed wording had been added to the editorial by James Bennet, then the editorial page editor. At trial, a jury would have to decide whether he acted with "actual malice," meaning that he knew what he wrote was false, or with "reckless disregard" for the truth.

In pretrial testimony, Bennet cited deadline pressures as he explained that he did not personally research the information about Palin’s political action committee before approving the editorial’s publication. He said he believed the editorial was accurate when it was published.

With the Associated Press