DMZ America Podcast #133: Biden’s Bad Good Economy & Death Cab for Print Media

Political Cartoonists Ted Rall (from the Left) and Scott Stantis (from the Right) discuss the week in politics, current events and culture. This time, the guys start out wondering about the state of the economy and the 2024 presidential campaign. Though Biden has pulled ahead of Trump in national polls, key swing states Biden needs to win continue to support Trump. One of the big reasons give is that they’re unhappy with the state of the economy. But unemployment is low, wages are high and inflation is easing. Why are Americans pissed? We have answers.

The month of January saw major layoffs at legacy media companies like the Wall Street Journal, Los Angeles Times, Sports Illustrated and Pitchfork. Is there a future for journalism, and if so what does it look like?

Watch the Video Version: here.

Either the President Is a Terrorist or a Journalist Is a Fraud. Why Doesn’t Anyone Want To Find Out Which Is True?

           Corporate ownership of media outlets and consolidation have deteriorated the quality of reporting in numerous ways: accelerating access journalism, gutting local news and investigative reporting, a decreasing willingness to take chances or to invest in projects without a quick return on investment.

Now there’s a new problem, one so baked into the equation that we should have seen this coming all along: newspapers and other media organizations acquired by corporations are themselves acting like corporations.

            For an earlier generation of journalists, ignoring a major news event after it broke at another outlet was out of the question. The movies “All the President’s Men” and “The Post” depict the rivalry between the New York Times and the Washington Post as they crosschecked one another’s scoops on Watergate and the Pentagon Papers, and built on one another’s reporting. Despite pressure to the contrary from their friends at the highest levels of the political and financial establishment, publishers Arthur Sulzberger and Meg Greenfield set aside their usual caution and helped bring down President Nixon. They worried about repercussions but the news always came first.

            This culture didn’t always play out to the benefit of journalism’s ostensible endless quest for truth. Reporter Gary Webb, who broke much of the 1980s Iran-Contra scandal in the pages of the San Jose Mercury News, was attacked by major competitors who nitpicked his writing to death in a “tawdry” campaign to discredit him over minor errors, by the Post, Times and the Los Angeles Times. Webb was basically right—but they destroyed him and his career, pushing him to commit suicide.

            In the aggregate, however, reporters’ drive to learn more and do better served readers well.

            Unlike a news organization, in which uncovering the truth whatever it may be is the prime directive, a corporation’s mission is first and foremost to maximize profits to shareholders. So corporate news organizations put revenue first as well. Reporting has been pushed down the list.

Most major news organizations are owned by people and parent companies with far-ranging interests that conflict with news gathering. The formerly family-run Post is now owned by Jeff Bezos, whose Amazon cloud business has billions in secret contracts with the NSA and CIA; would he let his pet newspaper mess up his cozy relationship with the White House and the deep state by kneecapping the president?

            Bezos’ massive conflicts of interest may not be the sole reason the Post hasn’t touched a blockbuster story: Seymour Hersh’s allegation that President Joe Biden personally ordered one of the biggest acts of state terrorism in modern history, the bombing of the Nord Stream 2 natural-gas pipeline. But it’s a safe bet they are a contributing factor.

            Under normal circumstances, or more accurately the circumstances that prevailed in the previous century, a detailed allegation written by the legendary Pulitzer-winning reporter who exposed the My Lai massacre and the Abu Ghraib prison abuse scandal, that a sitting president risked World War III and allowed Europeans to freeze—not to mention deliberately created a massive environmental disaster—would be a bombshell no reputable news outlet could ignore—indeed, they’d run with it, try to verify it, build upon it, comment upon it. Instead, there has been a near 100% U.S. media blackout. If it wasn’t so Orwellian you’d have to be impressed by how thorough and disciplined the effort to quash Hersh in a vacuum of obscurity has been.

            I’ve been running Google News searches on Hersh and Nord Stream every day since the story broke about a week ago. No big-name U.S. newspaper, radio network or cable news channel has mentioned it, not even to say it’s false.

None.

Unless you are a news geek of epic proportions it’s unlikely that you would have noticed one of the few mentions in right-wing sources like the Murdoch-owned New York Post, the Washington Times and Fox’s Tucker Carlson, which can’t resist anything that bags on the president, or a blog like New Left Review, UnHerd and Firstpost. Times, Post, NPR, CBS—nada.

            It’s entirely possible that Hersh is partly or totally wrong about how the pipeline was bombed and who was responsible. What arouses suspicion that he’s right is the militant incuriosity of the press. You can’t even find an op-ed speculating on who might have done the deed.

            The West initially and hilariously blamed Russia, which co-owns the pipeline, for blowing up its own multibillion dollar property. That story quickly fell apart.

So who did it? You’d think some enterprising reporter would try to find out—but you’d be wrong. Hersh’s story relies on a single anonymous source. But at least he’s got a source and a willingness to quote them. That’s more than anyone else. Meanwhile the Biden Administration has not categorically denied involvement—Washington-speak for we 100% didn’t do it. Back in the not-so-old days, that would make many an ink-stained wretch’s ear perk up.

            I’m with my former colleague Mark Ames: “If anyone has a more convincing story then come out with it, show us the goods,” he says.

            No matter the outcome, a reporter who proved what really happened a few hundred feet under the North Sea would score a delicious scalp: Biden’s or Hersh’s. Either the president is a war criminal who should be arrested immediately or a gadfly journalist has become a lying hack to whom no one should pay attention. Which is it? No one in American corporate media seems to want to nail this generation’s Nixon….or Gary Webb.

Why not?

A free press has the right to print or not print anything as it pleases. But the decision of thousands of editors and producers not to touch Hersh’s pipeline story doesn’t feel like a coincidence or such an easy call as to be unanimous. It feels like a hard chill.

Media critic Robert Wright thinks the self-imposed blackout remains in force because the (sorry) explosive truth might undermine U.S. political, corporate and media support for Ukraine: “Not even using the Hersh story as an occasion to revisit the question of who blew up the pipeline (which they could have done even while treating the Hersh story skeptically)—are more evidence of how committed much of the elite media now is to serving the official American narrative [on the Ukraine war],” says Wright.

It’s also a reflection of corporate ownership of the media. When a corporation faces bad or inconvenient news it refuses to comment, counting on the American people’s infinite vulnerability to the distraction machine.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the left-vs-right DMZ America podcast with fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

From Pot to Jaywalking, Pay Compensation to Those Hurt by Repealed Laws

            Whether it’s a soaring literary classic like Les Misérables or generic Hollywood product like The Butterfly Effect, I’m drawn to stories in which a minor event triggers a series of unforeseen dramatic events. As Springsteen wrote and Dave Edmunds sang, from small things big things one day come.

            A real-life example transpired three weeks after the 9/11 attacks, when I was falsely accused of jaywalking — a misdemeanor at the time — by an LAPD officer who roughed me up and handcuffed me to boot. For 14 years, nothing happened as the result of that arrest on October 3, 2001. In the summer of 2015, without warning, getting busted for jaywalking blew up my life.

            Tiny problems can wreak havoc. Like the O-ring. Hell, I got expelled from college over a wart.

The jaywalking thing cost me my job as the staff cartoonist at the Los Angeles Times, damaged my reputation to the point where I was nearly blacklisted from journalism and cost me friends and colleagues. It made me doubt the ability or willingness of journalism, the love of my life, to do the right thing. It convinced me beyond a reasonable doubt that the justice system is hopelessly corrupt. I drank too much. Who knows—the weight I gained may eventually kill me.

I am grateful for every day that passes when I don’t think about jaywalking or the LA Frigging Times. Unfortunately there was no way to distract myself this week. California governor Gavin Newsom signed a new law decriminalizing jaywalking. As of the first of the coming year the Freedom to Walk Act means you’ll be allowed to cross a street in the Golden State—safely! look both ways before crossing, like mom taught you—without fear of being fined, handcuffed, beaten, arrested or even killed by a lunatic cop unless “a reasonably careful person would realize there is an immediate danger of collision with a moving vehicle or other device moving exclusively by human power.” (The legislation is silent on devices powered by other animals or plants.)

            Jaywalking tickets are big business in California. In Los Angeles alone, the LAPD raised $6.2 million in revenues by fining 31,712 accused jaywalkers between 2010 and 2020. Blacks were targeted more than three times their presence in the population.

            Several well-meaning readers contacted me to inform me of California’s new law, which I support wholeheartedly except for an all-too-common omission: it’s not retroactive. Those who have suffered fines, imprisonment and other punishments under a law that is subsequently repealed ought to be made whole. If slaves were emancipated by the conclusion of the Civil War in 1865, escaped slaves and those who helped them who were punished for their “crimes” should receive apologies and restitution by 1866. Merely erasing a conviction from your criminal record, as some states that have legalized marijuana have done, isn’t enough.

Anyone who is charged and convicted for a crime that is no longer a crime ought to be refunded their fines and attorneys’ fees, plus compound interest charged at the highest credit card rate. Anyone who spent time in jail or prison for an offense that is no longer viewed as an offense under the law should be generously compensated by the state or city responsible for their conviction.

Even if California were to come to its senses and pay millions of dollars in penance to everyone who suffered under bigoted jaywalking laws that were originally conceived by automobile companies as a way to discourage walking and sell more cars, there still wouldn’t be any way to undo all the weird side effects of what we now recognize as an obsolete form of oppression.

For poor Californians, the $196 jaywalking fine was devastating. Under our vicious capitalist system, there can be no doubt that some people failed to make rent and even lost their homes after being targeted by police enforcing this idiotic statute.

As a solvent, able-bodied, white, cis male, Ivy League graduate, paying the citation was no big deal. But even for me, it was a train wreck.

Upset about being falsely accused — I wasn’t jaywalking, the cop made it up — and mistreated, I filed an internal affairs complaint against the officer back in 2001. Citizens are ignored in such cases 96% of the time, and I was no exception. By 2015 I had been working for the LA Times for six years. But I didn’t know two things. First, a thin-skinned police chief was furious every time I drew a cartoon criticizing the police. Second, in 2014, the LAPD union bought an interest in the parent company of the LA Times and formed an obscene corrupt alliance with the paper’s publisher, multibillionaire Austin Beutner.

In 2015 Beutner and Chief Charlie Beck held a secret meeting where, clearly needing more important things to do to fill their time—they should try golf, the evil rich love it—they conspired to ruin me. Beck dredged up my old IA complaint file, which contained an audio recording the cop had made of my jaywalking arrest: basically six minutes of wind and street noise. At Beutner’s direction the Times wrote a piece that argued the cop was kind and polite, and that my description of the encounter in a Times blog piece was false, so I must be fired for crimes against journalism.

Fox News, Breitbart and the rest of the right-wing mediasphere had a field day dragging the corpse of my reputation across the Internet.

Ultimately, I was vindicated. The doctoring of the tape, the Beck-Beutner conspiracy, the fact that I’d told the truth about what happened in 2001 while the LAPD Times had lied all came out in the media and through the course of a lengthy court battle. There’s no telling how much work I’m not getting as a result of the Times’ defamation campaign, though I am working.

The experience changed me, mostly for the worse.

Nothing could make me, or the other people hurt by California’s repealed jaywalking law, whole again. But the state should try.

Every state should try, every time it repeals a bad law.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the left-vs-right DMZ America podcast with fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

DMZ America Podcast #59 | July 29, 2022: Ted Calls in from Moscow; Paul Pringle and Other Self-Serving Figures at the LA Times

In this week’s DMZ America Podcast, cartoonist Ted Rall calls in on a shaky line from Russia. Listen to this first-hand account of how US sanctions are (not) affecting Moscow and how things look and feel in the Russian capital. LA Times investigative reporter Paul Pringle, in the news over his controversial book (“Bad City”) calling out corruption at the Times and in LA in general, and attacking his own newspaper over a USC scandal, played a key role—perhaps largely forgotten—in the LA Times’ infamous decision to fire and smear Ted as a favor to the LAPD. Scott and Ted recall how things went down in 2015 and analyze how few people at the LA Times have much to be proud of.

 

 

In Defense of Defamation Lawsuits

            “He that filches from me my good name robs me of that which not enriches him, and makes me poor indeed,” Iago tells Othello in Shakespeare’s play. The belief that defamation is serious, and that the perpetrator of libel or slander deserves to be punished, is a standard trope in popular culture.

The Hollywood screenwriter falsely accused of communist sympathies struggles to clear his name in the 1950s. The journalist breaks a big story only to be smeared by the rich and powerful men whose crimes he exposed. The narrative of the innocent person sent to prison for a crime he didn’t commit relies on dual tragedies, the injustice of undeserved suffering as well as a conviction that results in society wrongly believing that the condemned is an evildoer.

In the real world, however, there is little sympathy for a person whose reputation has been damaged by a falsehood spread by a malicious enemy. One example is actor Johnny Depp’s $50 million defamation lawsuit against his ex-wife Amber Heard, who has countersued him for $100 million. Both parties accuse each other of physical and emotional abuse.

Much of the public commentary in response to Depp’s trial, currently underway in Virginia, is of the eye-rolling “they both deserve each other” variety. This happens a lot.

I’ve learned from personal experience as the plaintiff in two defamation cases that it’s often hard for society to separate the victim from his victimizer. Some suspect that the victim somehow brought the libel down on herself. Others think that whatever was said wasn’t that serious, and that the target of slander ought to brush it off and move on. Sometimes the libeler benefits from high social status that prompts outside observers to sympathize with them—the media elites who sided with snide Gawker over downscale Hulk Hogan in the sex-tape case come to mind. Many people simply don’t like lawsuits or those who file them.

Americans’ bias against defamation plaintiffs has created a lopsided judicial landscape in which it is nearly impossible for even the most meritorious defamation claims to make it to a jury trial, much less result in a substantial damage award.

In 1999 I wrote a cover story for The Village Voice that criticized graphic novelist Art Spiegelman for, among other things, deploying disproportionate power within New York’s publishing world. As if to prove my point, the artist’s allies and colleagues went after me with threats of violence. One of Spiegelman’s buddies, a pornographic illustrator whose name I won’t mention here because it would only further his further desire to aggrandize himself at my expense, decided to teach me a lesson—via identity theft. He wrote an obnoxious email, signed my name to it, and sent it to my colleagues and employers. My editor at the New York Times op-ed page believed it was from me and fired me.

As if that wasn’t bad enough, the creep sent out more out more messages under my name.

My lawyer hired a proto-cyberdetective to identify him, costing me thousands of dollars. After we tracked him down, we sent several cease-and-desist letters—which he ignored. To the contrary, he replied that he had done nothing wrong and would feel free to use my name in the future however he pleased.

I sued. New York case law is clear: impersonation of a journalist or “man of letters” is libel per se, or an act of written defamation so extreme that it is necessary only to prove that it happened, not to prove specific lost business opportunities. At a pretrial hearing a judge commented that the defendant “couldn’t have done more harm to Mr. Rall if he had walked up behind him in the street and shot him in the head.”

Because Spiegelman’s avenger didn’t have a defense, he filed for one delay after another. Online, he characterized me as a humorless jerk who was angry that he had made fun of me. Both tactics worked. My lawyer eventually died of brain cancer; my case is still technically pending on the court docket 23 years later. And many people in the cartooning community think that the two of us deserve each other, or that he’s a free-speech martyr. Never mind that I had never done anything to the guy, met him, or even heard of him guy before he tried to destroy my career.

I know I was right. The law was on my side. But those things didn’t matter.

The last two decades have seen a flurry of legislation that has made justice even more elusive for defamation plaintiffs. The most pernicious are “anti-SLAPP” laws, which stop discovery, dismiss cases and force plaintiffs to pay defendants’ legal fees. Because anti-SLAPP laws have been sold to state legislators and the public as a tool for small individual defendants to fight off big corporate plaintiffs in frivolous liable claims, they are popular with Republicans and Democrats alike: the ACLU, former labor secretary Robert Reich and TV host John Oliver are all fans of anti-SLAPP laws.

Actually, anti-SLAPP laws solve a problem that doesn’t exist. If a plaintiff lashes out at you with a libel lawsuit, the first thing your lawyer will do is file something called a “motion for summary judgment.” If the lawsuit is baseless, the judge will throw it out right at the start, and you’ll walk away paying zero to nominal legal fees.

Because there is no distinction under U.S. law between rich and poor plaintiffs and defendants, anti-SLAPP laws perversely protect some of the worst people in the world against their victims. Donald Trump used anti-SLAPP against Stormy Daniels after she sued him for calling her a con woman; her case was tossed and she was ordered to pay Trump’s $300,000 legal fees. Trump also used anti-SLAPP to further bankrupt a victim of his Trump University scam. He’s currently using anti-SLAPP against Jean Carroll, who says the former president raped her in a dressing room.

Libel-loving newspapers have been having a field day with anti-SLAPP. There is no question that The New York Times gleefully and intentionally smeared Sarah Palin as inspiring a mass shooter, yet wants the ex-Alaska governor to pay their fees—even though New York’s anti-SLAPP law was enacted after she sued. The National Enquirer knew that Richard Simmons wasn’t transitioning from male to female, yet Photoshopped images of him wearing women’s clothes on its cover story to that effect. He was right, they were wrong, he sued, they hit him with anti-SLAPP, the victim was ordered to pay his attacker $130,000. My readers are well aware of how The Los Angeles Times, then owned by the LAPD pension fund, intentionally smeared me and went after me with anti-SLAPP as well.

From the Scarlet Letter to people’s tendency to turn away from the homeless and physically disabled to the observation by moviemakers that audiences tend to lose affection for a character after he suffers a wound, the psychology of our reptilian brain often causes us to feel revulsion for fellow humans visibly suffering from an injury. The plaintiff often notices the glint of contempt in the eyes of the judge in a defamation case: why can’t you just stop whining and go away?

But the proper way to consider someone sleeping on the street is to think that there but for the grace of God go you. And the same thing is true when you look at a defamation case. Johnny Depp might just be a wuss lying about getting beaten up by his younger wife. But it’s far more likely that he thinks he was destroyed by ruinous lies, and that he has no choice but to sue in order to set the record straight. It’s a serious claim, one that anyone in his position should have the right to explore before a judge and jury.

 (Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of a new graphic novel about a journalist gone bad, “The Stringer.” Order one today. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

How Sarah Palin May Save Defamation Law

           How easy should it be to sue a newspaper or other news outlet for defamation? Thanks to a 1964 Supreme Court decision and the proliferation of constitutionally-dubious “anti-SLAPP” laws, it’s virtually impossible for someone who accuses a media company of lying about him to get to trial, much less win a damage award. If your local paper decides to smear you, the truth is, there’s not much you can do about it.

Sarah Palin’s lawsuit against the New York Times poses the first threat in years to the American press’ ability to print whatever it wants. Opening statements in her trial began last week; the fact that a public figure is getting her day in court against a major newspaper is a news story in and of itself.

            The 1964 case New York Times v. Sullivan set a high standard for a public figure like Governor Palin, or even a “limited public figure” like an editorial cartoonist, to prevail in a libel or defamation claim. Publishing an untruth isn’t enough. Under Sullivan the printed lie must be demonstrably damaging to the victim’s reputation and must result from “actual malice.” Actual malice, the court ruled, means that the publisher either knew that the smear was false before they published it, or that they demonstrated “reckless disregard for the truth.” 

It is unusual for a publication to go so far as to knowingly print a falsehood with a view toward damaging someone’s reputation, as The Los Angeles Times did to me as a favor to the LAPD in 2015, which owned the newspaper at the time, was a political ally of the then-publisher, and wanted me destroyed in retaliation for criticizing police misconduct. As with most libel cases, Palin v. New York Times comes down to the second half of the definition of actual malice.

            On its face the Times’ actions against Sarah Palin seem to embody reckless disregard for the truth. In 2017 the paper published an editorial, “America’s Lethal Politics,” that pinned the blame for the shooting of a Congressman on a Palin political TV ad. “The link to political incitement was clear,” the paper claimed.

It was anything but.

As the Times put it in a correction posted several hours later, the Times editorial “incorrectly stated that a link existed between [Palin’s—though the paper didn’t mention her by name] political rhetoric and the 2011 shooting of Representative Gabby Giffords. In fact, no such link was established. The editorial also incorrectly described a map distributed by a political action committee before that shooting. It depicted electoral districts, not individual Democratic lawmakers, beneath stylized cross hairs.”

            “In our view, this was an honest mistake,” Times lawyer David McCraw told the Washington Post in 2019. “It was not an exhibit of actual malice.” But James Bennet, the editorial page editor who wrote most of the editorial, ignored his own fact checker, who told him that the Times itself had already published an article debunking a link between Palin’s ad and the Gifford shooting. The Atlantic, where Bennet had previously served as an editor, had also debunked the Palin-Giffords meme. In a business where “if your mother says she loves you, check it out” is the 11th Commandment, failing to check it out is, or ought to be, the very definition of reckless disregard for the truth.

            In recent years, however, most judges have been strongly biased against plaintiffs in defamation and libel cases and so have turned a blind eye to the reckless-disregard half of the “actual malice” definition under Sullivan. Newspapers and other media defendants have largely been able to get away with rhetorical murder using the “my bad” defense.

            Adding to the media’s ability to wield the First Amendment as a cudgel to destroy reputations are anti-SLAPP statutes. Thirty-one states, including many of the most populous, have anti-SLAPP laws whose main effect is to make it close to impossible to sue for defamation or libel. In order to get to trial, defamation plaintiffs have to convince a judge that they would be likely to convince a jury at trial—but they aren’t allowed to subpoena evidence or depose witnesses to build their case. Many lawsuits die there.

If a plaintiff fails, which they usually do because judges routinely ignore or don’t understand the convoluted language of anti-SLAPP statutes, not only do they not get their day in court, they have to pay bloated legal expenses to the deep-pocketed corporate media defendant who libeled them. That’s what happened to me in my five-year fight against the LA Times. Anti-SLAPP laws are a nightmare but they aren’t going anywhere because they are supported by both pro-corporate conservatives and misguided liberals.

            Among some recent victims of anti-SLAPP are fitness icon Richard Simmons, who was ordered to pay $130,000 to the National Enquirer after he sued the tabloid for brazenly lying that he was transitioning to become a woman, and Stormy Daniels, who was ordered to pay Donald Trump $293,000 after she sued him for calling her a liar. In these and many similar cases, the law turned reality on its head and re-victimized the aggrieved party. But even the ACLU won’t stand up for them because the group reflexively supports anti-SLAPP, the Constitution be damned.

            If a New York jury, which is likely to be overwhelmingly Democratic, overlooks its political distaste for Palin and rules against the Times, the case may head to a U.S. Supreme Court that seems more open to the possibility of scaling back Sullivan. “How do you balance free speech rights with the right to your individual reputation, and in the context of public officials who have volunteered for public service and do need to be held to account?” asks former Palin attorney Elizabeth Locke. “Redrawing that balance does not mean that we lock up journalists or that any falsehood should result in a huge jury verdict. But imposing the potential for legal liability, which is virtually nonexistent with the Sullivan standard in place, would create self-restraint.”

            No one wants to strip media companies of the First Amendment protections they need in order to do their work on a day-to-day basis. But it’s also time to stop screwing defamation plaintiffs with meritorious cases, not to mention protecting lazy journalists. An artful and legally correct remedy would be for the high court to declare Sullivan (and the anti-SLAPP laws that rely upon it) unconstitutional as applied rather than throw it out entirely. To restore sanity to defamation law and start to hold out-of-control media companies accountable, lower courts should be directed to establish two common-sense propositions.

            First, defamation claims should be allowed to proceed unless there isn’t the barest possibility of prevailing at trial, in which case they should be tossed during an early-stage motion for summary judgment to dismiss. That’s what anti-SLAPP case law says in states like California, where my case was litigated, but judges routinely hold defamation claims to a much higher, basically impossible, standard.

            Second, the Supreme Court should clarify that, while Sullivan indemnifies a defendant from being sued over an honest mistake that is quickly corrected, ignoring basic journalistic due diligence clearly constitutes reckless disregard for the truth.

            I never expected to write the following words but here goes: Good luck, Sarah Palin.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the weekly DMZ America podcast with conservative fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

High Crimes against Journalism and Decency: Jeffrey Goldberg’s Insane “Trump Called Troops Suckers” Piece Is a New Low

9-11-97

Jeffrey Goldberg wrote an article for The Atlantic that could harm Donald Trump’s chance to win re-election. Setting aside the controversial content of the remarks attributed to the president, it is important to note that this is an atrocious example of journalism.

You could almost call it “fake news.”

And corporate media is taking it at face value.

You may think Trump is a turd—I do. You may want him to lose the election—I do. (I also want Biden to lose, but that’s another column.) You may believe that Trump probably said what Goldberg reports—I think there’s a good chance. But everyone who cares about journalism ought to be deeply disturbed by the nonexistent sourcing for this story and its widespread acceptance by media organizations that ought to know better.

It’s easy to see why Democratic-leaning media corporations jumped all over Goldberg’s piece: it hurts the president and it reinforces militarism. But they’re degrading journalistic standards to manipulate an election.

According to Goldberg, four anonymous sources told him that Trump called American marines who died in World War I “losers” and repeatedly questioned why anyone smart would join the military or be willing to risk their life by fighting in one of America’s wars.

Anonymous sources have their place. I have used them. But basing a news story entirely on accounts of people who are unwilling to go on the record is journalistically perilous and ethically dubious. There are exceptions, as when a Mafia source fears physical retribution.

There is no such claim here. Most media organizations’ ethical guidelines are clear: news without attribution is not news. It is gossip.

            The Los Angeles Times, a publication my readers know that I hold in low regard, nevertheless takes a stance against anonymous sources. “When we use anonymous sources, it should be to convey important information to our readers. We should not use such sources to publish material that is trivial, obvious or self-serving,” the paper’s ethical standards say. “An unnamed source should have a compelling reason for insisting on anonymity, such as fear of retaliation, and we should state those reasons when they are relevant to what we publish.”

            The Atlantic piece falls way short.

Likewise, writing that strips statements of necessary context is anti-ethical. Trump, writes Goldberg, “expressed contempt for the war record of the late Senator John McCain, who spent more than five years as a prisoner of the North Vietnamese. ‘He’s not a war hero,’ Trump said in 2015 while running for the Republican nomination for president. ‘I like people who weren’t captured.’” He goes on to note that Trump wanted to deny McCain the honor of lowering flags to half-mast after McCain died.

Goldberg frames Trump’s comments as part of a general bias against the military and portrays his attacks as unprovoked. Truth is, long before Trump made those comments he had been engaged in a well-documented, long-running feud with the Arizona senator. McCain based his political career on his military service and the five years he spent as a POW in Vietnam. McCain was Trump’s enemy, and there is considerable evidence that McCain—known for a sharp tongue—started the war of words. Trump gave back in kind.

“Nor did he set his campaign back by attacking the parents of Humayun Khan, an Army captain who was killed in Iraq in 2004,” Goldberg continues in another context-free passage. Khan’s father famously spoke against Trump at the 2016 Democratic National Convention. “You have sacrificed nothing and no one,” Khan said. In Trumpian terms, Khan started it. But Goldberg’s omission makes it look like Trump attacked a fallen soldier out of the blue.

Goldberg does this a third time: “When lashing out at critics, Trump often reaches for illogical and corrosive insults, and members of the Bush family have publicly opposed him.” Both sides have insulted each other; as far as the record shows, Trump is usually running offense, not defense—but Goldberg falsely portrays the enmity as a one-way street.

One of the praiseworthy aspects of this president is his relatively restrained approach to military interventionism, coupled with his willingness to directly engage adversaries like North Korea and the Taliban in Afghanistan, the latter which recently signed a peace agreement with the United States. It is logical for Trump, who is skeptical of illegal wars of choice like Afghanistan and Iraq, to question why people would volunteer to fight and possibly die in such a pointless conflict. For Goldberg, militarism is a state religion. Questioning it is intolerable.

Goldberg’s piece, the tone of which reads like the pro-war hysteria following 9/11, reflects the aggressively militaristic neoliberalism of the Democratic Party in 2020.

Goldberg references Trump’s 2017 visit to Arlington cemetery with then-Secretary of Homeland Security John Kelly. “A first lieutenant in the Marine Corps, Robert Kelly was killed in 2010 in Afghanistan … Trump, while standing by Robert Kelly’s grave, turned directly to his father and said, ‘I don’t get it. What was in it for them?’ Kelly (who declined to comment for this story) initially believed, people close to him said, that Trump was making a ham-handed reference to the selflessness of America’s all-volunteer force. But later he came to realize that Trump simply does not understand non-transactional life choices.”

            Joining the military, of course, is hardly a non-transactional decision. Soldiers get paid. They get medals. They get free college. They are revered and thanked for their service. Military service gives you a leg up when you run for political office.

Moreover, Trump’s question is one Americans should be asking more often. Why would a 29-year-old man volunteer to travel to Afghanistan in order to kill the locals? No one in that country threatened the United States. No one there did us any harm. Afghans don’t want us there. Why did Robert Kelly go?

Goldberg seems obsessed with Trump’s description of fallen soldiers as suckers. “His capacious definition of sucker includes those who lose their lives in service to their country, as well as those who are taken prisoner, or are wounded in battle,” Goldberg writes. But is he wrong?

            LBJ suckered us into Vietnam with the Tonkin Gulf incident, which historians of all stripes accept was a lie.

            George H.W. Bush suckered us into the first Gulf War with a tale of Iraqi soldiers rampaging through a Kuwaiti hospital and pulling babies out of incubators. Another lie.

            After 9/11 George W. Bush suckered us into Afghanistan by saying Osama bin Laden was there—he was not.

            Of course Bush lied about Iraq having weapons of mass destruction. More suckering. (At the time, Goldberg spread the lie that Saddam Hussein was allied with his enemy Al Qaeda.)

            Assuming that anything in Goldberg’s piece was true, Trump was right.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of the biography “Political Suicide: The Fight for the Soul of the Democratic Party.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

An Open Letter to Los Angeles Times Executive Editor Norman Pearlstine

Dear Mr. Pearlstine,

On June 5th you issued a statement acknowledging the role your newspaper has played in the racist oppression of people of color. “The Los Angeles Times has a long, well-documented history of fueling the racism and cruelty that accompanied our city’s becoming a metropolis,” you wrote. You promised reforms, including “addressing the concerns of people of color in the newsroom.”

You admitted that this is merely a start and asked for suggestions for how the Times can redeem itself and earn the trust of readers, especially people of color.

I will take you at your word.

To begin with, the Times should come clean about its longstanding, cozy relationship with the LAPD. And it should end this deep conflict of interest, which makes it impossible for your paper to report objectively about the police. When the media fails to hold the police accountable they are free to abuse the citizens they are supposed to protect.

My case shines a light on how the media censors critics and breeds self-censorship by journalists. I was the Times’ editorial cartoonist from 2009 to 2015. My cartoons often criticized police brutality and racist policing. Instead of stopping their abuse of minorities, however, the police repeatedly demanded that the papers that ran my cartoons fire me. Those requests fell on deaf ears until 2014, when the Times brought in a new publisher, Austin Beutner. Beutner, a hedge fund billionaire who is now superintendent of LA schools, midwifed a deal by which the $16.4 billion LAPD pension fund purchased #1 shareholder status in Tribune Publishing, which owned the Times and 14 other newspapers. (Yes, it’s legal for the cops to buy media companies.) Sealing the deal and in violation of the Times’ ethical guidelines, the LAPD police union gave an award to Beutner.

The LAPD police union has a history of buying newspaper stock. They don’t hide their motives. They seek to remove negative coverage of the police from “their” papers. “Since the very public employees they continually criticize are now their owners, we strongly believe that those who currently run the editorial pages should be replaced,” the union’s president explained in 2009, after it acquired interest in the San Diego Union-Tribune.

Months after the LAPD-LA Times deal, then-LAPD police chief Charlie Beck arranged a secret meeting at Beutner’s office. Fire your cartoonist, Beck demanded. Beutner agreed.

But firing me was not enough for Beck. The LAPD also wanted to send a chilling message to journalists throughout the Southland: if you criticize the police, we will destroy you. So the Times published a smear job about me.

The Times’ article didn’t mention the meeting between Beck and Beutner. It didn’t talk about the LAPD pension fund’s ownership of the Times. To this day, those facts have never been revealed to Times readers. The piece relied upon faked evidence provided by Beck to characterize me as a liar (in a blog about jaywalking, of all things). I proved the evidence was bogus and that I had been truthful, yet editorial page editor Nick Goldberg—under orders from Beutner—ignored it.

Goldberg later admitted that the truth didn’t matter. The Times was determined to ruin me and didn’t care that I had done nothing wrong. Inexplicably, Goldberg still works at the Times.

My case is not just about me. It opens a window into why and how the Times’ relationship with the police corrupts its commentary and coverage.

It shows why and how victims of police brutality have been ignored or diminished.

It explains why and how police narratives are taken at face value, no matter how ridiculous. While I was being given the bum’s rush, reporter Paul Pringle, assigned to be the Times’ hatchet man, told me that he had verified that the bogus LAPD materials were authentic. How? I asked. “The LAPD told me,” he said. I laughed. He was serious, though. Pringle still works at the Times too. He recently won a Pulitzer Prize.

How can anyone read about what happened to me and still believe anything the Times has to say about cops?

Mr. Pearlstine, if this is not empty talk, if you are serious about turning over a new leaf, you should address my case. Hiring more people of color in the newsroom is overdue, important and necessary. But black reporters aren’t more likely than white journalists to go after the police if they’re equally afraid of getting fired. Everyone at the Times knows what the paper did to me; they know it can happen to them too if they go “too far” against the cops.

The LAPD got rid of their most irritating critic and a pundit who made going after police brutality a priority. The Times never replaced me.

The LAPD terrorized other journalists. They won.

Rehiring me would make a powerful symbolic statement that the Beutner era of corruption and complicity with the police is finished. It would demonstrate you do not edit a police propaganda rag. You could take down the two libel-filled articles about me that are still on your website. You could issue a retraction and an apology.

The LAPD has since divested itself of its Tribune stock. The Times’ current owner, Dr. Pat Soon-Shiong, should pledge not to enter into financial partnerships with law enforcement agencies.

Like many other papers, the Times relies on the police to tip off reporters about breaking local news. This relationship should be severed. Reporters ought not socialize with cops, much less rely upon them for stories. Refusing to be a police lapdog requires hiring more journalists—but Soon-Shiong is a biotech billionaire. He can easily afford them.

Thank you for taking the time to read this. I look forward to hearing from you.

Very truly yours,

Ted Rall

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of the biography “Bernie,” updated and expanded for 2020. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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Billionaires and Corporations Love anti-SLAPP Laws. Why Does John Oliver?

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Why does this multibillionaire need a cartoonist’s money?

            John Oliver recently dedicated his HBO show to why we need a federal anti-SLAPP law. Like most of his stuff, the episode was witty and engaging. It was also sloppy, thoughtless and poorly researched. From now on, I’ll wonder whether I can trust anything he says.

            An anti-SLAPP motion is a powerful legal maneuver available to defendants against libel and defamation lawsuits. In the 27 states that have them, the filing of an anti-SLAPP motion brings everything to a halt until a judge — not a jury — decides various issues about a case. Does it involve a matter of public interest? Is there a chance the case would succeed at trial? If the judge rules for the defense, the case is thrown out and the plaintiff pays the defendant’s legal fees.

            Liberals and conservatives alike like anti-SLAPP. Supporters say they protect activists, whistleblowers and average individuals from being bankrupted if they get sued by deep-pocketed corporations and wealthy individuals who use the courts to harass their victims. In his show Oliver described his experience being sued by a coal baron who wanted to chill criticism. HBO, Oliver said, spent $200,000 to defend him because the suit was filed in a state without anti-SLAPP.

            It’s easy to see why someone like Oliver, targeted by a frivolous defamation claim designed to tie him up in court and waste his employer’s lucre, would yearn for a federal anti-SLAPP law. His must have been a frustrating experience.

            There is, however, an inherent design flaw in anti-SLAPP: the United States Constitution. Under the equal protection clause, you can’t give rights to one class of defendant and not another. You can’t limit anti-SLAPP protections to impecunious individuals and small businesses; rich people and giant corporations have to get the same legal prerogatives.

            Which is what has been happening. Billionaires and corporate conglomerates use anti-SLAPP to crush legitimate libel and defamation lawsuits filed by ordinary individuals and whistleblowers. Happens a lot. Why don’t you hear about these cases? Because media companies love, love, love anti-SLAPP.

            In 2016 The National Enquirer published a cover story about fitness headlined: “Richard Simmons: He’s Now a Woman.” He wasn’t. “Secret Boob & Castration Surgery,” the tabloid screamed, “Yes, This Photo Shoot Is Real!” It wasn’t. The cover photo of “transwoman” Simmons was Photoshopped.

            Thanks to anti-SLAPP, what should have been an open-and-shut defamation case turned a travesty of justice into a farce. While acknowledging that the paper lied about Simmons, Los Angeles judge said that letting Simmons’ case go forward was tantamount to saying that it is bad to be trans. Simmons was an innocent victim and the Enquirer knowingly lied. Yet the court ordered him to pay American Media, owner of the paper, $130,000 in legal fees. So much for anti-SLAPP as being a tool for the little guy! AMI brought in $310 million in revenues last year.

            In 2018 MSNBC host Joy Reid [disclosure: I have appeared on Reid’s show] retweeted a photo of a Trump supporter yelling at a high school student at a Simi Valley, California city council meeting. Reid added the following text: “He showed up to rally to defend immigrants…She showed up too, in her MAGA hat, and screamed, ‘You are going to be the first deported’…’dirty Mexican!’ He is 14 years old. She is an adult. Make the picture black and white and it could be the 1950s and the desegregation of a school. Hate is real, y’all. It hasn’t even really gone away.”

            Hate is real. The story was not. The kid said that Roslyn La Liberte, the woman in the photo, was trying to keep things “civil.” She never said that stuff.

            La Liberte’s son emailed to inform Reid of the truth. Reid nevertheless reposted the image, this time alongside a black-and-white image of pro-segregation protesters in Little Rock in 1957 with this caption: “It was inevitable that this image would be made. It’s also easy to look at old black and white photos and think: I can’t believe that person screaming at a child, with their face twisted in rage, is real. B[ut] everyone one of them were. History sometimes repeats. And it is full of rage.”

            La Liberte was wronged. Rather than settle or plead guilty, MSNBC’s lawyers hit the working grandmother with an anti-SLAPP motion. Ignoring the fact that Reid’s posts easily qualify under as “reckless disregard for the truth” under the landmark libel case Sullivan v. New York Times (1964), the judge wallowed in pro-corporate sophistry: “the juxtaposition of the photographs does not ‘make clear that [La Liberte] is alleged to have engaged in specific racist conduct akin to that demonstrated during desegregation.’” La Liberte’s case was thrown out, denying her justice. Adding injury to insult, she has to pay MSNBC’s legal fees. MSNBC is owned by NBC Universal, a $203 billion company.

            President Trump used anti-SLAPP against Stormy Daniels, the porn actor who sued him for calling her a liar. Trump is worth $3 billion. Daniels owes him $293,000 for his legal fees.

            My readers are familiar with my case against the Los Angeles Times. No one disputes the fact that they lied about me, fired me as a favor to the LAPD (which owned them at the time) and tried to destroy my journalistic reputation in order to send a chilling message to journalists who criticize the police. My anti-SLAPP case is still working its way through the court system—and things currently look good—but there is already a $330,000 judgment against me. They want me to pay that money to two billionaires, Dr. Patrick Soon-Shiong and LA schools superintendent and former Times publisher Austin Beutner, with a combined net worth of $16 billion.

            Bill Cosby has been using the anti-SLAPP statute against his rape victims.

            Faced with these cases, anti-SLAPP apologists sometimes say that the law isn’t bad, that it is simply being abused. If a law is written in such a way that it can be routinely abused, it is bad by definition.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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