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finds the times liable, then the judge will set aside his own ruling their ruling and enter his own judgment. if they come back not liable, the judge will let it stand. all of this will work with the appeals court in the months or years to come. what the judge is doing is setting a record for this first round of deliberations. he wants to hear from the jury. he wants his own view stated, and he s making clear, palin did not meet the evidentiary standard. she didn t prove the editorial page, the opinions section, the judge is saying the new york times editorial page did not set out to try to hurt her on purpose. they weren t doing this on purpose. that s his ruling. we ll see what the jury says and what happens in the appeals process. explain. is this an exercise in futility that the jury is deliberating and the judge just said i m going to disregard it if they find something they don t like? yes, though it could matter in the record on appeal. two things are going on here. an

The timesSarah palinOpinions sectionThe new york times