(Corrects Palin’s first paragraph title to include a dropped word to make it “vice presidential candidate” instead of “presidential hopeful”)

Jonathan Stempel and Jody Godoy

NEW YORK, (Reuters) – Sarah Palin stated at her New York Times defamation case that she was feeling “powerless” following an editorial published by the paper in 2017 that inaccurately connected the ex-Alaska governor and Republican U.S. Vice Presidential candidate to a massacre six years prior.

Palin stated to jurors on the sixth day that she felt “mortified” by the Times’ connection to her inciting the murder of innocent persons.

The Times was accused by the 57-year old Republican of trying to score political points. He called the Times “the be all, end all voice in American media,” and compared it to Goliath, a biblical figure, and himself to David.

Palin stated that it was “devastating” to be reading a new accusation. She claimed she had been falsely accused of having any involvement in murdering innocent people. Palin said, “And I felt powerless.”

After two days of testimony by James Bennet (a former Times editor, and also a defendant) Palin briefly testified on Wednesday.

Bennet claimed that he did not intend to blame Palin and her political action committee. The editorial was headlined “America’s Lethal Politics” and addressed issues such as gun control, incendiary rhetoric, and other political topics.

After a shooting at the practice field of a congressional baseball team, where Republican U.S. Congressman Steve Scalise was injured in a Virginia shootout, an editorial was published on June 14, 2017. The editorial was about the shooting at a Arizona parking lot in January 2011, where six people died and former Democratic U.S. Congresswoman Gabrielle Giffords sustained serious injuries.

Bennet also added language to draw a connection between Giffords’ shooting and the map that Palin circulated previously. This map was distributed earlier by Palin’s political action committee, which placed Giffords with 19 other Democrats “under suspicion.”

When pressed for time, he wrote to the editorial “The link to political incitement is clear”. He assured jurors that Palin was not his target.

Loughner did not have a political motivation, and the Times corrected its editorial on the following day.

Palin said that the correction didn’t go far enough and that they did not identify her.

FEARING “STRESS”

Palin is facing a difficult legal challenge to succeed in the trial which will test long-standing U.S. media legal protections from defamation claims made by public figures.

She must convince jurors that the Times and Bennet acted with “actual malice,” https://www.reuters.com/article/uk-new-york-times-palin-idUKKBN25O31B meaning they knew the editorial was false or had reckless disregard for the truth. Palin has to also present her case by presenting convincing evidence. This standard is higher than that used in civil cases.

David Axelrod from the Times, Palin admitted that symbols on the map resemble crosshairs but also looked like surveyor markings.

When asked if she endorses the map she replied, “It’s got my name on it so I will.”

The Times tried to also show Palin did not suffer any harm. Axelrod asked numerous questions in order to prove Palin maintained a high profile public image and had many sources of income including four books.

Palin admitted that she suffered from the editorial despite being questioned by Kenneth Turkel, her lawyer.

Palin explained that “it’s difficult to lie down on the pillow and get a good night sleep when you know lies are being told about your,” Palin added. It causes stress, as anyone can feel.

Palin claimed that she received threats of death from her family after media and others wrongly connected her to the Arizona attack in 2011. She did not sue as she was determined to help victims, not to politicize the tragedy.

Palin responded that she is used to these threats when asked if it was normal.

Palin indicated that she would appeal New York Times v Sullivan if she lost at trial. This 1964 U.S. Supreme Court case established actual malice.

Because Palin was positive for COVID-19, the trial was delayed by 1-1/2 weeks. She stated she would not receive COVID-19 vaccine. Palin took off her white mask and testified in front of a plexiglass shield, just like the other witnesses.The story has been corrected to change Palin’s first paragraph title to “vice presidential candidate” instead of “presidential contender”.