Dan Rather's Revenge

by: Paul Rosenberg

Sun Jul 26, 2009 at 17:00


What do the following people have in common?
• William Buckley
• Robert Novak
• Kate O'Beirne
• Nicholas Von Hoffman
• Tucker Carlson
• Pat Buchanan
• George Will
• Lou Dobbs
• Matt Drudge
• Robert Barkley
• Robert Kagan
• Fred Barnes
• William Kristol
• John Podhoretz
• David Brooks
• William Safire
• Bernard Goldberg
• Ann Coulter
• Andrew Sullivan
• Christopher Hitchens
• PJ O'Rourke
• Christopher Caldwell
• Elliot Abrams
• Charles Krauthammer
• William Bennett
• Rush Limbaugh
• Roger Ailes

If you said, "CBS considered them to sit in judgment of Dan Rather's story on Bush's special treatment by Texas Air National Guard", then you get a cookie!  In the end, CBS went with former Attorney General Richard Thornburgh, who owed that title--the highest job he ever held--to George W. Bush's dad.  So, CBS went with cronyism over wignut hackery.  It was probably a good call, since as it turned out, many people actually believed that its "independent review" of Rather's report was legit.  If they'd let Ann Coulter run it, probably not so much.

But eventually, Rather had had enough, after it became clear that CBS had shafted him.  And so, in September 2007, Rather decided to sue.  Last November, there was a rather interersting development, as the NY Observer reported:

In the past, Mr. Rather has criticized CBS's choice of panel members, alleging that Mr. Thornburgh's association with the Bush family (President George H. W. Bush appointed Mr. Thornburgh to his position as U.S. attorney general) undermined the panel's objectivity.

"Discovery to date reveals far more," Mr. Rather's legal team wrote this week. "Only conservative lawyers were considered for the Panel; their names were vetted by Viacom's Washington lobbyists (as well as with unnamed 'GOP folks')."

In a response to the judge dated Nov. 3, here's how CBS lawyers countered:

[A]s is clear from the deposition testimony, because of the perception that CBS News and Dan Rather had a liberal bias, CBS purposefully chose a Republican lawyer, not for any nefarious purpose, but to open itself up to its harshest conservative critics and to ensure that the Panel's findings would be found credible.

Apparently, CBS executives took their job of finding the harshest conservative critics very seriously.

In Exhitit J of the current filing, Mr. Rather's legal team include a list (turned up in discovery) which CBS executives apparently compiled in the fall of 2004, prior to settling on Mr. Thornburgh and Mr. Boccardi.

And that's where the list of rightwing hacks came from.  Exhibit J.  

Paul Rosenberg :: Dan Rather's Revenge
They weren't the only ones on the list.  There were much more temperate  choices, too.  But to even jokingly consider any of the above names.... well, it's pretty obvious that appeasing the right was big on CBS's mind.  Searching for truth?  Again, not so much.

This week, there's new news on the case, and Rather's team is about to get its hands on a whole lot more documents that could further expose CBS's bad faith dealings, as well as its craven disregard for the truth.

Remember, the very same women who said on-air that the documents weren't authentic also said that what their contents were true.  Besides the fact that the memos weren't even needed to make the case that Bush had been given credit he hadn't earned in order to pretend he had completed the military obligation he had actually deserted.

The NY Times reported:

Dan Rather won significant victories Tuesday in his suit against his former network, CBS. He won access to more than 3,000 documents that his lawyer said were expected to reveal evidence that CBS had tried to influence the outcome of a panel that investigated his much-debated "60 Minutes" report about former President George W. Bush's military record.

Mr. Rather also won an appeal to restore a fraud charge against CBS that had been dismissed. Martin Gold, the lawyer representing the former anchor of the "CBS Evening News," called it "a very successful day for us; we got everything."

Mr. Rather called it a "good day" for his side and - referring to the name for the CBS headquarters - "a bad day for Black Rock."

Jim Quinn, the lawyer representing CBS, called it "a minor skirmish in a long battle" and predicted that the fraud charge would be dismissed again because "it's frivolous."

Don't you just love it when corporate lawyers talk like rightwing hacks?  It does so much to dispel the bad impressions in good old Exhibit J.

The Times went on to report:

The judge in the case, Ira Gammerman, of the New York State Supreme Court, ruled in Mr. Rather's favor on three motions, all of which could end up aiding his pursuit of background information about the panel of experts that CBS selected to look into "60 Minutes" report.

Most significant may be documents that include e-mail messages between the panel members and a law firm it hired to do investigative work on the case. The firm, K&L Gates, had opposed turning the documents over to Mr. Rather's lawyers on the grounds of lawyer-client privilege.

But Judge Gammerman ruled that the work done by the firm was not covered by privilege and ordered the documents be turned over to Mr. Rather's side within 10 days.

Judge Gammerman also pushed the lawyers for each side to take the case to trial within four months.

All those documents!  And trial within four months!  This should be gooood!

Eric Boehlert wrote a brief note over at Media Matters under the headline, "This is not going to end well for CBS".

Odds are very much that Boehlert is right--unless CBS can somehow keep this from going to court.  Rather and his fired producer Mary Mapes have  already told enough of their side about how unprofessionally the investigation was done.  The internal documents should be a legal goldmine, even if they don't produce another shocker like Exhibit J.  The plain fact was, this all happened in late 2004, early 2005, before Bush flamed out on privatizing Social Security, exploiting Terry Schiavo, hiding from Cindy Sheehan and ignoring Hurricane Katrina.  In other words, folks like CBS were not just scared shitlless by right, they were petrified.  And the chances of treating Rather honestly and fairly?

Snowballs in hell, baby.  Snowbgalls in hell.

Which is about where CBS may well be finding itself very soon.

July 23, 2009 11:28 am ET by Eric Boehlert

===
MediaDecoder Blog reported:


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I wonder what CBS will be like (4.00 / 1)
when Dan Rather owns it.

Unfortunately (0.00 / 0)
He's only suing for $70 million.  Enough to own them in court.  But not enough to own them outright.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
i won't defend the investigation (0.00 / 0)
but I don't think Dan Rather can be defended either. He and his team blew it. He's been around long enough to know better than to be had by poorly faked documents. Conservative bloggers ripped those documents apart with hours and they were right. It's really one of the only good pieces of work I've seen on the right-osphere.

But my real fault with Rather is not that his team made a big error, it's that they didn't come out within the next day or two and say:

"We blew it. It now appears those documents were forged. We were had and I apologize for bad journalism."

Then you correct the record, reiterate the parts of the report that were solid and take your lumps. I think that would have saved him. Instead he waited weeks before admitting that maybe they were had.


Rather and Mapes' mishandling of this matter (4.00 / 1)
was dwarfed by CBS' mishandling of it, by an order of magnitude. If you're trying to find a moral equivalence here, there ain't one.

Bill Clinton blew it big time too by actually having an affair with Lewinsky and then lying about it, which nevertheless in no way matched the moral and political depravity of the witch hunt waged against him and Hillary by the GOP.

Similar things could be said about Spitzer, even Obama (pre-FISA, of course, wrt Rezko), and fail to even begin to compare with the simply olympian levels of corruption and wrongdoing of their accusers. It's like "So what if I stole billions--you shoplifted a candy bar, THIEF!".

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton


[ Parent ]
candy bar? (0.00 / 0)
they went on the air weeks before the Nov. election with a very damning story about the President based in large part on documents that were faked. Really, even a non-corrupt investigation should have led to serious repercussions and even firings.

That said, i wish the documents had been real and that would have won Kerry Ohio  :)


[ Parent ]
This Is Simply False (4.00 / 2)
to this day, no one has conclusively proved that the documents are fake.

CBS's "independent" investigation didn't even try to find out if they were fake.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
THAT document may have been forged (0.00 / 0)
But the underlying facts were still true, and proven to be so by various other legitimate documents and testimony. That Rather and Mapes mishandled this story by not properly vetting one among many pieces of evidence after careers of good work in no way justified their being fired as sacrificial lambs. At most, internal reprimands and a public correction would have sufficed. I can't believe that you're actually arguing this nonsense.

Interesting, isn't it, that the only journalists fired or seriously reprimanded during that whole era were those whose reporting and/or opining were anti-Bush and anti-war, e.g. Rather, Mapes, Donahue, Banfield, etc., but those that were pro-Bush and pro-war mostly got to keep their jobs. E.g. Miller, Gordon, Friedman, Ignatius, Will, Krauthammer, etc. Nah, nothing to do with politics and fear of the RWNM. Not at all. Whatever happened, happened on its merits.

Or, do you subscribe to the belief that we should always take the moral high ground above and beyond what is necessary, to prove that we're morally superior, and that that will of itself convince everyone that we're better than the other side? I'm not saying that what Rather and Mapes did was right, just that it's infinitely dwarfed by what CBS and the other side did--sell a war that's killed hundreds of thousands based on known lies, and never had to pay a formal price for it. But so long as Rather and Mapes were fired, none of that matters.

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton


[ Parent ]
They Weren't Poorly Faked (4.00 / 1)
The initial objections raised were mostly totally bogus, even though there was also evidence that it could have been pre-coordinated.  There's also a possibility that the content of the memos was true, while the form was forged. That's just the sort of thing that Rove would do, if you're familiar with his history. (Such as bugging his own candidate's office.)

But, in fact, the investigative panel never even tried to determine if the documents were forged.  So that's not really a very thorough investigation.  I mean, if they can't even definitively say that Rather screwed up at all, then what's it all about?

I actually interviewed two of the document examiners who were consulted for an article I wrote--possibly more, but two at some length, and at least one of them was still adamant that they were genuine.

The one thing I will say is that they went the typical TV sensationalist route--get new evidence--rather than simple do a thorough analysis of what was already known, which was more than enough to make the case.

But if they'd done that, then the complaint would have been, "There's no news here."  "This is just a rehash," etc.

But it would have been good, solid journalism, and could have changed the course of history.  


"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
paul (0.00 / 0)
they were badly forged and this post in particular made it very hard for me to believe the "you-could-do-it-on-early-70s-typerwriters-if-you-access-to-the-very specialized-printing-equipment-which-just-happened-to-produce-documents-that-look-exactly-like-those-produced-decades-later-on-Microsoft-Word" story:

http://littlegreenfootballs.co...

Yes, the forgeries may have produced a true version of what happened back then. May well have. Doesn't change that they were forgeries though.

Heck, for all I know this was set up by "Buckhead" the Freeper who pointed out the forgery. Maybe he started the chain that got these documents to CBS to discredit them and the Bush-was-AWOL story. I don't know.

But I do know those are bad fakes.


[ Parent ]
The problem isn't what you know... (4.00 / 2)
... but what you know that's not so.

Since I personally owned a proportiallly spaced IBM typewriter during the time in question, I've always found the winger hyperventilation on that question a little hard to believe. There's also the issue that, so far as I know, all the analysis was done on images of xeroxes of xeroxes found on the Internet. No reputable document examiner would pronounce judgment on such a basis. In particular, it was absurd to be pronouncing that the font was Times Roman, because the image quality was so bad the font could have been, say, Clarendon. IIRC, a Colorado professor did a detailed study on the images, and concluded -- and I know this will surprise you -- that the winger claims were bullshit.

Rather could have done better, but at best the case that the memos are faked is not proven.

Too bad Rather didn't go with the Bush payroll records. History might have been very different. I'm guessing it's because both Rather and Killian were from TX.....

NOTE If I ever post on the damn serifs again, I'll do it as a wrap up, not here. We posted on it a good deal, back in the day.  

I am in earnest -- I will not equivocate -- I will not excuse -- I will not retreat a single inch -- AND I WILL BE HEARD.  


[ Parent ]
ask yourself (0.00 / 0)
why it is that we're willing to believe tortured explanations for documents we want to be real and those on the right are willing to believe tortured explanations for why Obama's birth certificate is not real.

You think there might be a touch of ideological blindness here?

In the Rather case, short of the forger coming out and saying "I forged the documents" those who want to believe them real can never be convinced they are fake.

But I find the above link pretty convincing even if it happens to have been work done by a conservative blogger who obviously wanted the documents to be fakes.

Reality-based when we wanna be.....?


[ Parent ]
False Equivalence (0.00 / 0)
Obama's birth certificate is authenticated by the state, but the Birthers adamantly refuse to accept its authenticity.

The Bush memos have been disputed, but as I've pointed out, even the most serious official investigation reached no conclusion about them, and all that Lambert and I are saying is that their status remains unproven.

I'd say that you're trying to draw a neat equivalency where none exists.

Remember, this is actually nowhere near the main argument so far as I'm concerned.  In fact, I think it would be far more damning if it were a Karl Rove trick in which the original contents were put into a forged format.

The bottom line is we simply don't know at this point--whether we ever will or not.  And we should just admit to the indeterminacy.

That's not a terribly dogmatic position to take, IMHO.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
occam's razor tells me (0.00 / 0)
1) that the most likely explanation is that Obama was born in Hawaii where officials say the records confirm it and where two newspapers published birth announcements in 1961.

2. The Rather memos were produced using Microsoft Word, photocopied, and faxed.

The counter explanations for these two are both tortured; that's the equivalence I was drawing.

The CBS investigation probably dodged an official announcement because they could; it was enough, to them, to show professional negligence. Again, I won't dispute they rigged their panel and generally did a crappy job. I just have no tears for Rather/Mapes because they didn't just blow it once but again by not looking at the mounting and convincing counter-evidence and quickly fixing any errors they made.


[ Parent ]
Another False Equivelance (0.00 / 0)
(1) Isn't "most likely".  It's indisputably true.

(2) Could be "most likely" but it's not proven.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
maybe labelling (0.00 / 0)
something "false equivalence" keeps you from having to consider the point being made. No, I would not say the "birthers" are in the same level of denial as the memo defenders. Just that there's some denial.

Go look at that link I posted upthread. Very short post and very hard to come away from it thinking "Well the documents could be real if, if, if and if."  


[ Parent ]
Denial Works Both Ways (0.00 / 0)
I've repeatedly said that whether they're fake or not is not the main issue for me.

Just to make this clear, for me the order of importance is (1) the actual facts of Bush's desertion of duty and the friends and family coverup, (2) CBS's bad faith scapegoating of Rather and Mapes, (3) Rather and Mapes' falling into the scoop mentality, rather than building their case based on already known evidence, and only then bringing in the new material, (4) whether or not Rather and Mapes were careful enough in vetting the documents, (5) whether the documents were forged--and if they were, who forged them and why.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
Can't read Little Green Footballs, sorry (0.00 / 0)
The spooge comes off on my hands.

If they've got anything authoritative other than their own hyperventilation, please post if here.

I am in earnest -- I will not equivocate -- I will not excuse -- I will not retreat a single inch -- AND I WILL BE HEARD.  


[ Parent ]
There is no authoritative evidence whatever... (0.00 / 0)
... that, as you say:

The Rather memos were produced using Microsoft Word, photocopied, and faxed.

In fact, as I point out above, it's the very fact of the photocopying and xeroxing that makes the provenance of the documents impossible to tell.

Of course, it's entirely plausible that the right wing lies about serifs would merge with the right wing lies from birthers.  

I am in earnest -- I will not equivocate -- I will not excuse -- I will not retreat a single inch -- AND I WILL BE HEARD.  


[ Parent ]
You May Want To Gear Up For That Wrap Up If Rather Gets His Day In Court (0.00 / 0)
I think it will be most helpful for those of us who've written about all this in the past to dust off our old work, and re-present it in the most concise and coherent way, the better to help set the stage.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
It';s Been Years (4.00 / 1)
since I was down into the minutua of these arguments.  And I'm not about to get back into it again, only because I need to shift gears shortly and knock out a story on the California budget for Random Lengths News.  But I will simply say that if it were actually so readily proven, then why didn't the CBS-authorized investigation draw any sort of conclusion?

One of the few people to actually read the report in its entirety, and then report on it was James C. Goodale, who wrote about it for the New York Review of Books.  I also interviewed Goodale in the course of writing my own article about the investigation and Rather's suit.  Goodale wrote, in part:

The report concluded that CBS failed to hire appropriate experts to clearly verify its statements and did not establish a "chain of custody" for the documents. CBS, according to the report, rushed to judgment on the basis of inadequate evidence, did not promptly acknowledge flaws in its program, and broadcast a false and misleading report.

CBS did rush to make inadequately verified allegations public and it was slow in responding to criticism. The report's conclusions on the other points are not, however, persuasive. Surprisingly, the panel was unable to conclude whether the documents are forgeries or not. If the documents are not forgeries, what is the reason for the report? The answer is: to criticize the newsgathering practices of CBS, whether the documents are authentic or not. As such, the report is less than fully credible.

If it were that easy to show conclusively that the documents were fake, then surely the report would have done so.  It's called, "dotting the i's and crossing the t's."  And if the report had done that, then Rather's case would have been a good deal more difficult to pursue.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
Faked or not, poorly or not (4.00 / 1)
The underlying facts were basically true, that Bush went AWOL on his evasion of military duty in Vietnam, and was never held accountable for it, while future Dem pols like Gore, Kerry, Webb and Kerrey (whatever one thinks of them otherwise, or of that war) were voluntarily in Vietnam, in harm's way. The whole document "controversy" was an obvious and intentional attempt to misdirect from the real issue, that Bush was effectively a deserter or evader of military service, twice over. And not only CBS, but Rather and Mapes, allowed themselves to be played by Rove & Co., to disasterous effect for them and the country.

I'm currently reading Chernow's bio of Hamilton, and history is just repeating itself. Hamilton was, I believe, basically an honorable man, whatever one thinks of his policy ideas. But he was human, did some stupid things in his private life (that in no way corrupted his public jobs), compounded them by doing some even stupider things in his public life (again, with respect to himself, not his job), and made it easy for the likes of Jefferson and Madison (whose characters I find myself liking less and less) to destroy him via a smear campaign. This seems to be a pattern in American politics. If you can't take down a person or policy on their own public merits, do so by taking down their character, justifiably or not.

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton


[ Parent ]
CBS who? (0.00 / 0)
What is this CBS that you speak of? Some archaic "television" media outlet that purports to deliver the "news"? Never heard of it. Do they still have cartoons each Saturday morning?

Didn't some guy names Pyrrhus used to work there?

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton


Go Dan, go! (4.00 / 1)
CBS is due for a little 'shock and awe'!

The only reason you aren't dead or in a camp (0.00 / 0)
is because the right-wing vision hasn't fully been implemented yet.

Yet the fashion is to call for "balance" in the media.


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