On Wednesday, Judge Jed Rakoff declined to rule on an immediate dismissal of Governor Palin’s case against the New York Times after the publication’s editor, James Bennet testified.
Instead, an opportunity was presented to Palin’s lawyers to file briefs regarding the impact of the testimony which will undoubtedly give the team the opportunity to analyze and argue.
Reuters reports that Bennet intended to link Palin to an "overall climate" of incitement to political violence. However, Bennet admits to not reviewing the map or the Times’ coverage of the controversy back in 2011.
This comes a month after the New York Times argued that the link intended was an "honest mistake." However, Bennet testified yesterday that it didn’t enter into his "reasoning that Jared Loughner was acting because of this map." The map he claims he never reviewed.
The bouncing around of narratives seems to imply to many that the New York Times is sloppily avoiding what was obviously either intentional defamation or the "reckless disregard for the truth" Brit Hume mentioned had to be proven.
By not granting the publication an immediate dismissal, the judge seems willing to give Palin’s team the opportunity to sort it out, which they seem quite capable of doing.