Thursday, September 27, 2007

Dan Rather Stands by His Story

His lawsuit will attempt to show that CBS tried to suppress the report on Bush’s National Guard Service and the Abu Ghraib abuses.

by Sidney Blumenthal

Dan Rather’s complaint against CBS and Viacom, its parent company, filed in New York state court on Sept. 19 and seeking $70 million in damages for his wrongful dismissal as “CBS Evening News” anchor, has aroused hoots of derision from a host of commentators. They’ve said that the former anchor is “sad,” “pathetic,” “a loser,” on an “ego” trip and engaged in a mad gesture “no sane person” would do, and that “no one in his right mind would keep insisting that those phony documents are real and that the Bush National Guard story is true.”

If the court accepts his suit, however, launching the adjudication of legal issues such as breach of fiduciary duty and tortious interference with contract, it will set in motion an inexorable mechanism that will grind out answers to other questions as well. Then Rather’s suit will become an extraordinary commission of inquiry into a major news organization’s intimidation, complicity and corruption under the Bush administration. No congressional committee would be able to penetrate into the sanctum of any news organization to divulge its inner workings. But intent on vindicating his reputation, capable of financing an expensive legal challenge, and armed with the power of subpoena, Rather will charge his attorneys to interrogate news executives and perhaps administration officials under oath on a secret and sordid chapter of the Bush presidency.

In making his case, Rather will certainly establish beyond reasonable doubt that George W. Bush never completed his required service in the Texas Air National Guard. Moreover, Rather’s suit will seek to demonstrate that the documents used in his “60 Minutes II” piece were not inauthentic and that he and his producers acted responsibly in presenting them and the information they contained — and that that information is true. Indeed, no credible source has refuted the essential facts of the story.

Most cases of this sort are usually settled before discovery. But Rather has made plain that he is uninterested in a cash settlement. He has filed his suit precisely to be able to take depositions.

In his effort to demonstrate his mistreatment, Rather will detail how network executives curried favor with the administration, offering him up as a human sacrifice. The panel that CBS appointed and paid millions to in order to investigate Rather’s journalism will be exposed as a shoddy kangaroo court.

Rather’s complaint has already asserted a pattern of network submission to administration pressure, beginning with the Abu Ghraib story. In early 2004, Mary Mapes, a producer for “60 Minutes II” with more than two decades of experience, uncovered the torture at the Abu Ghraib prison in Iraq. Her sources were sound and the evidence incontrovertible, but according to Rather’s complaint, “CBS management attempted to bury” the story. In a highly unusual move, then CBS News president Andrew Heyward and then senior vice president Betsy West personally intervened to demand editing changes and ever more “substantiation.”...[Open in new window]

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