Public Eye
September 20, 2007 4:08 PM

Getting Rather Messy

(CBS)
In light of Dan Rather's lawsuit against CBS/Viacom, I'm going to coin a Rather-esque saying: Writing about this story while working for CBS Interactive is tougher than playing Operation while traveling down a bumpy Lubbock road.

But here goes anyway.

By now we've all read and/or heard that former CBS Evening News anchor Dan Rather has filed a $70 million lawsuit against CBS, as revealed in yesterday's New York Times:
Dan Rather, whose career at CBS News ground to an inglorious end 15 months ago over his role in an unsubstantiated report questioning President Bush’s Vietnam-era National Guard service, filed a $70 million lawsuit this afternoon against the network, its corporate parent and three of his former superiors.

Mr. Rather, 75, asserts that the network violated his contract by giving him insufficient airtime on “60 Minutes II” after forcing him to step down as anchor of the “CBS Evening News” in March 2005. He also contends that the network committed fraud by commissioning a “biased” and incomplete investigation of the flawed Guard broadcast and, in the process, “seriously damaged his reputation.”
According to the lawsuit, Rather's complaints revolve not only around the investigation but also the fallout surrounding the infamous "60 Minutes II" story which looked into President Bush's national guard duty (uncreatively nicknamed "Memogate"). He also charges that retribution caused him to lose the Hurricane Katrina story assignment despite being "the most experienced reporter in the United States in covering hurricanes" and that there was a disagreement over the definition of "full-time."

Much is being made of the fact that the case focuses on current and former CBS executives like Les Moonves, Sumner Redstone, Andrew Heyward. But Rather is going beyond that. Deeper inside the lawsuit itself, Rather's legal team also takes on the public faces of CBS News itself:
CBS had knowledge of the derogatory statements concerning Mr. Rather made by its employees, including those made by Walter Cronkite, Mike Wallace, Andy Rooney and others, and by permitting these statements to continue, significantly contributed to the barrage of bad press Mr. Rather faced following the broadcast.
(Hat tip: Mika Brzezinski)

Without getting enmeshed in the legalities/technicalities of his case and re-fighting old media battles, it's tough to understand the rationale behind the lawsuit. The damage over the document controversy has already been done, and public perception on both sides of the issue (and there are at least two sides on this one) has hardened to a point where very few minds are going to be changed by a lengthy and vicious legal battle. If Rather's core goal is to "restore his reputation," as the Washington Post's Howard Kurtz noted in a fantastic summation this morning, then pointing out how far removed he was from the journalistic process seems like a counterproductive way to rehang his star in the journalistic sky.

As noted in this space last week, studies have shown that when you highlight a concept or belief in order to set the record straight, you frequently serve only to reinforce the original thought. So while it's going to be a wait-and-see thing as far as how many steps forward this lawsuit advances towards its stated goal, the initial claim itself takes America's news audience – and Dan Rather -- back a few steps.

(Note: Public Eye is not a part of CBS News, but CBS Interactive.)
Tags:
Dan Rather ,
CBS ,
Memogate
Topics:
CBS News Issues
Add a Comment See all 17 Comments
by skeezix06 September 23, 2007 6:35 PM EDT
I sincerely hope he cleans CBS''s clock in court. Schieffer was good, but he wasn''t Rather. Katie (the polar opposite of Barbara Walters who I wish she had been more like) doesn''t even try.

CBS evening news is somewhere between the pits and the dregs.
Reply to this comment
by September 23, 2007 10:52 AM EDT

You can''t understand the rationale behind the lawsuit? Mr. Felling, just read the whole complaint, which can be found via TalkingPointsMemo. Obviously, Dan Rather wants to get his story out, and what a story it is! Upper management conspiring with senior government officials to suppress and delay the biggest story, perhaps, of the decade (Abu Ghraib). A concerted effort to smear and diminish one of their own in order to curry favor with the Bush Administration.

Refusing to allow that monumental story to be aired on its own evening news broadcast? My fear and suspicion is not that it is unprecedented, but that it is not.

I am afraid that CBS has irretrievably abandoned their journalistic integrity for short term gain.

I say, good on Dan Rather for choosing this route. A book on the subject can be spun, with CBS considerable resources. In a lawsuit, someone''s going to have to tell the truth or pay the consequences, even if it takes a long time. THAT''s the rationale, Mr. Felling.
Reply to this comment
by journalist5 September 23, 2007 9:06 AM EDT
CBS Corp, and news has a problem ~ trust and ratings. These are the most important things to the corporation and news division ~ bar none. The Rather lawsuit is serious business, and needs to be addressed honestly, or CBS News is going to continue to suffer.

If I were CBS news president, and considering the poor ratings under Katie Couric (I like Katie, but ratings are ratings) I would seriously consider re-hiring Rather. Just hear me out here ~ ratings would rise, and Rather might just drop that lawsuit if given the chance to return. Fifteen months ago, he was bounced out of the anchor chair unceremoniously, and ratings were much better than they are now.

Look where ratings are. The writing is on the wall, and although it may be "rather messy" at this time ~ I suggest Viacom take a closer look at the Rather suit, and consider this ~ he has a good case, and with news ratings the way they are ~ the best move Viacom can make is the unique one ~ that means getting viewers back, and ratings up. If there is any intelligence at Viacom, and in the office of CBS'' president ~ it should be seen as a "no-brainer" ~ admit the same thing management had Rather say on-air, and get your anchor back in the business of reporting the news on-air ~ and get ratings back where they belong ~ UP.
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by memekiller September 23, 2007 1:03 AM EDT
If they''re going to make you the icon of the liberal media, then I say plea guilty of going too far in currying favor with conservatives. They, any time someone tries to throw out that charge, you could say, "Remember, we got in trouble after the Dan Rather affair in going to far to appease Republicans."
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by September 22, 2007 5:11 PM EDT
Please, tell me why CBS news should ever be trusted again after this:
"CBS imposed the unusual restrictions that the story would be aired only once, that it would not be preceded by on-air promotion, and that it would not be referenced on the CBS Evening News."

The answer is, of course, you can''t. CBS will never be trusted again as an independent source of news. You people did it to yourselves.
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by scarlet126 September 22, 2007 3:22 PM EDT
"...there was a time in South Africa that people would put flaming tyres around people''s necks if they dissented. And in some ways the fear is that you will be necklaced here, you will have a flaming tyre of lack of patriotism put around your neck. Now it is that fear that keeps journalists from asking the toughest of the tough questions, and to continue to bore in on the tough questions so often." --Dan Rather, BBC 16.05.02
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by shingles1 September 21, 2007 10:16 PM EDT
Continued...

40. Even after obtaining nearly a dozen, now notorious, photographs, which made it impossible to deny the accuracy of the story, Mr. Heyward and Ms. West continued to delay the story for an additional three weeks. This delay was, in part, occasioned by acceding to pressures brought to bear by government officials urging CBS to drop the story or at least delay it. As a part of that pressure, Mr. Rather received a personal telephone call from General Richard B. Myers, Chairman of the Joint Chiefs of Staff, urging him to delay the story.

41. Only after it became apparent that, due to the delay, sources were talking to other news organizations and that CBS would be "scooped," Mr. Heyward and Ms. West approved the airing of the story for April 28, 2004. Even then, CBS imposed the unusual restrictions that the story would be aired only once, that it would not be preceded by on-air promotion, and that it would not be referenced on the CBS Evening News.
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by shingles1 September 21, 2007 10:15 PM EDT
And then there''s this (from the lawsuit):

38. In late April 2004, Mr. Rather, as Correspondent, and Mary Mapes, a veteran producer, broke a news story of national urgency on 60 Minutes II %u2014 the abuse by American military personnel of Iraqi prisoners in the Abu Ghraib prison. The story, which included photographs of the abusive treatment of prisoners, consumed American news media for many months.

39. Despite the story''s importance, and because of the obvious negative impact the story would have on the Bush administration with which Viacom and CBS wished to curry favor, CBS management attempted to bury it. As a general rule, senior executives of CBS News do not take a hands-on role in the editing and vetting of a story. However, CBS News President Andrew Heyward and Senior Vice President Betsy West were involved intimately in the editing and vetting process of the Abu Ghraib story. However, for weeks, they refused to grant permission to air the story, continuously insisting that it lacked sufficient substantiation. As Mr. Rather and Ms. Mapes provided each requested verification, Mr. Heyward and Ms. West continued to "raise the goalposts," insisting on additional substantiation.

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by mattcat25 September 21, 2007 8:17 PM EDT
Blaming CBS News for George W. Bush%u2019s superficial military service is like blaming MoveOn.org for the invasion, occupation, and malfunction of Iraq.
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by CBSTV September 21, 2007 7:41 PM EDT
I believe that most of Mr. Rather''s assertions are true, but it''s not clear to me how this is a valid legal matter.
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by romperroom2 September 21, 2007 6:01 PM EDT
I must say, though, that Rather will be doing everyone a favor if he can get this controversy into a courtroom. We can finally resolve whether these National Guard records came from someone credible or if they came from space aliens. I''m betting on aliens.
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by romperroom2 September 21, 2007 5:37 PM EDT
I see that most of the commenters here are just as deluded as Rather. If any of you think this lawsuit is going to somehow exonerate Rather, it''d be interesting to see what you''re smoking rolled up inside those musty old National Guard records....
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by memekiller September 21, 2007 11:20 AM EDT
Someone answered my question:

http://www.huffingtonpost.com/jim-moore/my-role-in-rathergate_b_65222.html
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by cambridge72 September 21, 2007 9:19 AM EDT
CBS News'' treatment of Dan Rather is utterly disgraceful. It''s amazing how quickly a news organization can trash its own reputation from reputable journalistic enntity to crass, commercial, entertainment-based fluff. How can we possibly believe anything CBS says when it makes statements about how it sent Katie Couric to Iraq expecting no ratings bump at all. Come on. You''re lying through your teeth. And you''re supposed to be a news organization. You should cut your losses and shut your entire operation down.
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by p_lukasiak September 21, 2007 4:58 AM EDT

"(Note: Public Eye is not a part of CBS News, but CBS Interactive.)"

yeah, that explains why its on a CBSNEWS website....and why the previous post in the "CBS News Issues" topic doesn''t have this disclaimer....

I mean, pretending that your criticism of Rather isn''t based on your position as a corporate flack by suddenly claiming you are NOT part of CBS News (do yourself a favor... check out the web address) is really lame.
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by memekiller September 21, 2007 4:49 AM EDT
I''m surprised you actually did something on this, but it is what PublicEye was set up for. I always thought this played perfectly into the GOP playbook, taking the question of Bush''s record off the table, and whipping an independent news organization into line (dropping 60 Minutes stories, firing Rather). To this day, I think CBS has been chastened by the episode and become timid about taking on a story that exposes people who engage in this kind of hardball. I sure would love to know who forged the memos.

What is not addressed is Rather''s charges that CBS fired Rather to appease the right wing, and I imagine CBS has made quite a few other changes in this regard as well. Exactly why is it that conservative approval is so coveted?

They don''t have a liberal media, so they invented one in CBS. You''ll always be their bogeyman.
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by phoenixandy September 20, 2007 10:27 PM EDT
The only thing Dan Rather was guilty of was doing his job exposing the lie surrounding Duhbya''s so-called "military service" in which he went AWOL. Les Moonves, Sumner Redstone and Andrew Heyward all threw Rather under the bus just to appease the Bush administration and other partisan conservatives.

Had Edward R. Murrow tried to expose Joseph McCarthy today, Murrow would have been treated shabbily by Moonves, Redstone and Heyward just like the way they treated Rather.

With the MSM (especially CBS News) they way they are today, if Duhbya tried to do what Nixon did in the Watergate scandal, no journalist would try to expose Duhbya out of fear they''ll also be throw under the bus by their cynical bosses kawtowing to the right wing element.

CBS News handling of the story surrounding Bush''s lack of a military record is more proof that the Fox News Channel isn''t the only right-wing slanted news operation in America.
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