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LawBeat watches the journalists who watch the law. It is meant to start a conversation — here and in the classroom — about the quality of journalism focusing on the justice system, lawyers and the law. All posts are by Mark Obbie unless otherwise noted. Go to this archive to read more about LawBeat's focus and to this page about what motivated its creation, and how it evolved. Go here for the 10 Deadliest Sins of Legal Reporting post. And go here for blanket disclosure of Obbie's conflicts of interest.
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| Telecom immunity: Follow the money? |
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| The Washington Post |
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| Sun, March 02, 2008 |
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Dan Eggen and Ellen Nakashima provide a reasonably thorough and balanced account in today's Post of what the fight is about over immunity for telecommunications companies in the renewal of the law authorizing continued surveillance of terrorism suspects. Both sides' claims get a thorough and respectful airing in the balancing act between security and privacy -- with one big exception. The story starts out by framing the administration's concerns this way:
President Bush said last week that telecommunications companies that helped government wiretapping efforts need protection from "class-action plaintiff attorneys" who see a "financial gravy train" ahead.
But the rest of the story goes in a different direction, showing a struggle over disclosure of secrets. Are there money-hungry trial lawyers swarming all over this? How much could they reasonably expect to win if the dozens of suits pay out? What law authorizes financial damages? How many of the cases are brought by public-interest and advocacy groups, and what is their financial interest compared to for-profit lawyers? The story only touches on this implicitly, with an unexplored reference in the seventh graf to a Motley Rice partner working on the suit against Verizon. Motley Rice, as in mega-rich class action firm, which presumably cares about more than just the public interest, but is willing to take a big risk on whether Congress gives the president the retroactive immunity that he seeks. Time for a folo!
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Posted at 01:32 PM
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| Law-free coverage of same-sex marriage arguments |
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| NPR's Morning Edition |
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| Tue, March 04, 2008 |
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On NPR's Morning Edition, I heard a story on today's upcoming California Supreme Court arguments (I'd provide a link, and quotes, but the story hasn't shown up on the Web site). It was routine coverage of the case, which tests the state's ban on same-sex marriage. Ordinary though the story and anchor's lead-in may have been, they bungled a key piece of legal context by using words that imply the court is arbitrarily passing judgment -- based, perhaps, on its own whims -- on a politically and culturally sensitive issue. I wish I could quote it directly -- I kept both hands on the wheel, rather than trying to take notes -- but the gist of it was: The court will decide whether to strike down the state's ban on same-sex marriage. Strike it down, or not, based on what law? We're not telling!
Compare that to some of the print coverage that has done a better job of explaining what the court actually must decide -- and on what it must base that decision. When Greg Moran of the San Diego Union-Tribune previewed the arguments on Sunday, he played the political impact of the case front and center. But he didn't ignore what's really to be decided by the court, explaining that the state's ban is challenged by parties "who argue that the ban is unconstitutional discrimination." Veteran legal reporter Howard Mintz had only 232 words to play with in this Mercury News story today, but he managed to make clear that the case pits "California laws restricting marriage to a union between a man and a woman" against "civil rights lawyers for gay couples who argue that the same-sex marriage ban violates their equal protection rights because they do not get the same treatment as heterosexual couples." In other words, it isn't just a court eyeing a popular policy and deciding if it approves. (Mintz wrote at greater length about the case on Sunday.)
None of these stories would warm the heart of an expert. But it's not experts we're writing for. Quick-hit stories for casual readers and listeners are the reality. The question is whether we'll insert a few well-chosen words to portray legal reality. And the even more important question is whether we'll provide that extra and important context in cases where there's great potential for an angry public railing at the court from the left or the right for supposedly inserting itself into a hot-button issue. (More news links previewing today's arguments, via How Appealing.)
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Posted at 11:55 AM
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| True or false? Fake Bad Scale is voodoo science |
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| The Wall Street Journal |
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| Wed, March 05, 2008 |
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On the same day that the Post's Frank Ahrens quoted an anonymous Wall Street Journal reporter as saying that he and his colleagues "have noted a change in the paper's front page toward more 'urgency' and away from the longer, off-the-news features that have been a trademark of the paper," the Murdoch-owned Journal featured a longer, off-the-news feature on an interesting law trend. David Armstrong's 1,900-word piece on A1 (subscription required) traces the history of the Fake Bad Scale, and the controversies it has sparked in personal-injury litigation. The Fake Bad Scale -- and this was all new to me, even though it's been brewing for decades -- is a test used by increasing numbers of courts to identify malingering: exaggerating or faking injuries for financial gain. What I like about Armstrong's story, beyond its sheer value to those of us who weren't hip to this issue already (and its link to the full 43-question test), is its refusal to wallow in the usual binary world views of personal injury litigation, where you're either pro-trial lawyer/consumer/worker or pro-corporate defendant. This story is all about gray areas, and leaves the reader wondering whether the test is reliable, how many fakers there are to be found, and whether the test will grow or shrink in importance. Unanswered questions aren't always a desirable goal, but in this case the mystery and search for truth are the story, and it works. Let's hope that Rupert Murdoch reads and likes it, because it would be shame if the Journal abandoned this kind of front-page depth.
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Posted at 09:03 AM
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| Duke's 19th Century media concept |
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| Thu, March 06, 2008 |
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If it weren't so offensive, Duke University's legal assault on a litigation opponent's PR strategy would be downright funny. But not funny ha ha. Funny sad.
In this memorandum filed last week, Duke seeks a gag order against lawyers for the unindicted lacrosse players who announced their civil suit against the university in a well-publicized press conference in Washington last month. The players, who accuse the university of smearing them in the early days of the notorious rape investigation, used PR tactics that were aggressive but hardly extraordinary in modern times. In addition to the press release and press conference, the plaintiffs' PR firm, Robert Bork, Jr.'s Bork Communication Group, produced this Web site, with the pleadings, a blog, and associated links and resources to make its case to the press and public.
Sounding like an echo from the 1838-1842 tenure of Duke's first president Brantley York (pictured here), Duke's esteemed counsel harrumph about Bork's improper tactics. Why look, they sniff: A World Wide Web site, available everywhere, 24/7! And a press conference in the National Press Building. And -- horrors -- a press release. What century do these lawyers practice in? And have they noticed that Duke itself has used a Web site to promote its side of the story, as Durham-in-Wonderland's KC Johnson points out?
The offensive side of this, of course, stems from the very nature of the suit. Abandoned and smeared by the same university that should have protected innocent students in the face of a corrupt police investigation and prosecution, the students are using the common tools available for fighting back: lawyers, lawsuits, and flacks. I don't know if their suit has merit, legally or politically. I don't know if a literal reading of North Carolina's lawyer-ethics code prohibits tactics like Bork's. But I do know if I were Duke, I'd tell my lawyers to stand down. (Via ABA Journal.)
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Posted at 12:42 PM
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| Contempt of cop story lives up to its name |
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| Seattle Post-Intelligencer |
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| Fri, March 07, 2008 |
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The Post-Intelligencer's Eric Nalder, Lewis Kamb and Daniel Lathrop continued the paper's "Strong Arm of the Law" series on police misconduct with this story last week documenting racial disparities in "contempt-of-cop" arrests. That's shorthand for "obstructing a police officer" charges. The paper looked at cases since 2002 where that charge or closely related charges were filed as standalone charges, and discovered that blacks were eight times as likely to be arrested as whites when taking Seattle's demographics into account. The story, surrounded by sidebars on case examples, does a thorough job of exploring criticism of the tactic by outsiders and even by cops. The paper also acted in a forthright, transparent way by publishing online a complaint by the police department, e-mailed just hours before the paper went to press, questioning the study's methods. I have a different criticism of the story: about its balance and fairness. Even accepting as true the paper's statistical and policy conclusions, its prosecutorial tone and one-sided approach undercut the power of its conclusions. In the story, the police issue perfunctory denials in answer to a damning lede, and then the story proceeds down a relentlessly critical path. Where are the real-world anecdotes from cops about the circumstances under which they think such charges are legit? The stories of what must be countless lowlifes and jerks they encounter daily -- no doubt triggering an overreaction from time to time? Recounting those tales doesn't excuse misconduct, including racism. It merely reflects reality, and recognizes that while we're correctly hammering on the cops for a pattern of wrongdoing, there are some exceptions -- or explanations -- worth noting. (Via IRE.)
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Posted at 05:06 PM
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| Spanish-language reporters see NY trial differently |
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| The New York Times |
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| Sat, March 08, 2008 |
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The Times' Annie Correal examines a markedly different tone between English- and Spanish-language tabloids' coverage of a big New York trial, over the death of Nixzmary Brown. The 7-year-old's death elicits nothing but condemnation for her defendant-father, Cesar Rodriguez, from the Daily News and Post, while El Diario-La Prensa and by New York 1 Noticias, among others in the Latino media, are friendlier to defense claims that Brown's mother, Nixzaliz Santiago, is the culprit. Correal uses reporters' and observers' quotes to explain why cultural differences may explain the disparate views.
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Posted at 09:36 AM
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| Yale's openness on display in two stories |
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| Mon, March 10, 2008 |
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Yale University makes news on two related fronts in this Yale Daily News story about the university's debate over the gossip site JuicyCampus.com (via How Appealing) and this NPR Morning Edition story on a fight over public access to Yale campus police records. Neither story adequately explains why the law treats private universities differently, but both otherwise do a good job of explaining their respective controversies.
The Daily News' Isaac Amsdorf takes a thorough, neutral look at the campus debate over muzzling the gossip site, which has stirred up controversies on other campuses over anonymous users' verbal attacks on fellow students. Implicit but well-explained in the story is the reality that while Yale may have the legal right to block access to the site on computers using the university's Internet pipeline, that might contradict Yale's traditional belief in fighting speech with more speech, not with censorship.
In the second story, NPR's Tovia Smith puts Yale's police-records fight in useful national context. After a public defender was blocked from viewing campus police officers' personnel records, she won an official public-records ruling that orders the university to comply with the state's open records law, even though Yale is, of course, a private university. Smith explains the public-private issues fairly well, and touches on similar struggles elsewhere in the U.S. Because of an unusually broad state law, Smith says without further explanation, the push to treat campus police the same as city police has gained traction and may lead to a court fight. Most revealing interview: the Harvard official's complaint that a "paparazzi climate" in the news media argues in favor of keeping secret the details of what happens when private university police interact with students and the public. The only notable omission in Smith's report: There's no recognition of the Clery Act, which requires disclosure of at least some campus crime reports. If she'd had another 30 seconds or so, Smith could have examined why that federal law isn't generally understood to require disclosure of incident reports and individual officers' records.
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Posted at 10:45 AM
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| "60 Minutes" drops the ball in wrongful conviction story |
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| CBS "60 Minutes" |
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| Mon, March 10, 2008 |
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Shame on "60 Minutes," correspondent Bob Simon, and producers Robert C. Anderson and Casey Morgan for squandering a chance to tell an important story well. Their report last night on the case of Alton Logan was "60 Minutes" at its best (powerful on-camera interviews with all the key players) and at its worst (cheap emotion, lacking any intellectual engagement with the real issues). Logan has served 26 years in prison for the murder of a security guard in a Chicago robbery. Today a judge hears arguments that Logan is innocent and deserves to be freed or retried. Revelations by two defense lawyers triggered the hearing, and the CBS story. The lawyers represented a man who confessed convincingly to them, before Logan's conviction, that he was the real killer. They came forward only after their client died last November. It's a shocking and sad story about an injustice no matter what you think of the lawyers. But, with those two lawyers telling Simon how and why they did what they did, it tees up a story that might answer two key legal questions: Did they have to keep silent? And why should client confidentiality trump the truth?
Simon and his producers skip past those questions while going long on drama and moralizing. Simon opens the report by describing the defense lawyers' motivation: "because they thought they had no choice. See what you think." And then he proceeds to deny the viewer any opportunity to think, based on facts and perspective on what Illinois' rules say, about the principles at stake. The lawyers' on-camera quotes don't help much. They do make the point, over and over, that their loyalty had to be to their client, Andrew Wilson. But they don't come close to explaining why that's important. "It's just a requirement of the law," one lawyer, Dale Coventry, tells Simon. "The system wouldn't work without it." Well, why not? Simon doesn't ask them -- or anyone else. At another point, Simon intones that the choice of concealing or revealing the wrongful conviction seems easy. "It's perfectly obvious to someone who isn't a lawyer," he says to bait his lawyer-interviewees, and to play to the story's blatant lawyer-bashing theme. Simon, et al., fail to summon any other sources to explain why it shouldn't be perfectly obvious -- or at least arguable -- that we need the system as it is to prevent lawyers from betraying clients whenever they or others decide the betrayal would serve a higher good. And why has Logan served another four months since Wilson's death without even getting a hearing until now, much less a prompt release? "It's all rather complicated," Simon tells his audience in a patronizing dodge.
Too bad neither he nor his producers and employer see it as their job to turn complicated facts and arguments into a coherent story. Instead, we get spleen-venting and weepy melodrama.
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Posted at 01:06 PM
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| Law and Client 9: WSJ 1, NYT 0 |
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| Tue, March 11, 2008 |
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The Times' big Eliot Spitzer scoop may cover the paper in political-journalism glory. But the Journal takes the prize in first-day coverage of the legal jeopardy that Spitzer may face. Considering that the New York governor's downfall all stems from decisions of whether to investigate criminal wrongdoing, it's curious that the Times let the competition walk away with this one.
The Times' Danny Hakim and William Rashbaum nailed down half of the legal equation by looking at the financial angle. Rashbaum's sidebar on the origins of the investigation quotes "several" anonymous law enforcement officials as saying that suspicious cash transactions drew IRS scrutiny. Only once the probe had started did it become clear that the cash was being spent on prostitutes, and was not bribe money or stolen campaign donations. In their main story, Hakim and Rashbaum write:
[O]ne law enforcement official who has been briefed on the case said that Mr. Spitzer’s lawyers would probably meet soon with federal prosecutors to discuss any possible legal exposure. The official said the discussions were likely to focus not on prostitution, but on how it was paid for: Whether the payments from Mr. Spitzer to the service were made in a way to conceal their purpose and source. That could amount to a crime called structuring, which carries a penalty of up to five years in prison.
That turns out to be the sole mention of prostitution-related legal jeopardy, at least that I could find in news columns. Even the Times' editorial went further:
While few clients of prostitutes face criminal charges, law-enforcement affidavits raise at least the possibility of criminal charges based on transporting a woman across state lines for prostitution.
That's the angle that the Journal hits more directly, to its credit. Even before 6 p.m. on Monday, Dan Slater on the WSJ Law Blog credited veteran law reporter Laurie Cohen with an explanation of the Mann Act implications. Cohen shares a byline with Amir Efrati today on the lead story (subscription required), which ends with this:
Lawyers said customers of prostitutes are rarely charged, although they didn't rule it out in this case. A century-old law known as the Mann Act prohibits the movement of prostitutes -- or women intended to participate in "immoral" acts -- between states or from the U.S. to a foreign country. The prostitute who served Client-9 traveled to Washington from New York.
The case is being handled by public-corruption prosecutors in the U.S. attorney's office in Manhattan. A spokeswoman for the office declined to comment on possible charges against Mr. Spitzer.
Michael Bachner, a former prosecutor in the Manhattan district attorney's office, said: "The Mann Act really was designed more towards those who get someone to travel against their will....If Spitzer gets indicted, it would seem to me he would be indicted based on who he is rather than what he's done."
As for possible state charges, Mr. Bachner said, "customers are rarely prosecuted in the state," and charges that are brought are typically disposed of with a plea to disorderly conduct, "which is akin to a traffic ticket."
A video accompanying that story online today, by legal editor Ashby Jones, also tackles that legal angle. But it was produced too early on Monday to lend much substance today.
Does the prostitution-law angle matter if it's finances, or a political deal, that end up determining Spitzer's fate? Yes, if we take seriously our obligation to explain how relevant laws work. This wouldn't have been investigated, and money wouldn't have been furtively flowing to and fro, if prostitution weren't illegal. So how exposed Spitzer is to the actual underlying criminal charge is part of the story.
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Posted at 09:20 AM
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| Free Toni Locy |
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| Tue, March 11, 2008 |
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I'm one of those old-fashioned reporters who tries hard not to let personal biases creep into my work. I strive for a level of open-mindedness in my work that leaves readers (or students) in the dark about my own beliefs. But this time I'm going to cite the Tony Mauro Exception to Journalistic Neutrality (Tony calls it the Walter Cronkite Exception, but Walter's never personally counseled me on the need to make this exception, and Tony has). I'm going to be an advocate on a legal controversy that has two competing points of view, but only one of them cuts to the core of what makes American journalism independent.
Judge Reggie Walton's decision to coerce former USA Today reporter Toni Locy into betraying her sources in the Stephen Hatfill case -- even though Locy has cooperated, within professional bounds, already -- is unfortunate, but all too common in federal courts today, since we lack a federal shield law. What's truly over-the-top reprehensible is that Walton is turning up the heat by intending to personally bankrupt Locy. By denying her former employer, or anyone else, the chance to help Locy pay any fines that accrue, Walton isn't just using the power of contempt as leverage. He's using it as a dagger. It defies common sense, and common decency, to attempt to destroy a professional who is merely exercising her First Amendment freedoms and responsibly juggling those freedoms with her duties as a citizen.
Locy, a veteran legal journalist and now a fellow journalism teacher, deserves more respect than this from the courts. All journalists must demand that she get that respect. Support her appeal. Press for a federal shield law. And tell Walton what you think of his un-American ruling.
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Posted at 04:22 PM
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| Locy pressure eases, for now |
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| Wed, March 12, 2008 |
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A good-news update in the Toni Locy case: A D.C. Circuit panel has stayed the fines, which were to start accruing today. So now Locy and her lawyers have some breathing room to fight Judge Walton's punitive order. Also today, USA Today editor Ken Paulson published a measured but effective op-ed on the case, including links to the two Hatfill stories that Locy wrote -- neither of which was the anonymous smear jobs of the sort for which Hatfill is now suing the government.
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Posted at 07:01 AM
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| Client 9's legal picture comes into focus |
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| Wed, March 12, 2008 |
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After a slow start on the legal angle in the Spitzer affair, the Times weighs in with this report by David Johnston and Stephen Labaton, plus an intimidatingly long list of 17 contributing bylines. Even though it's still focused almost exclusively on potential financial crimes, nearly ignoring any possible prostitution-related charges, it's a decent comeback. Until, that is, you compare it to the Journal's folo, by the team of Glenn Simpson, Laurie Cohen and Monica Langley (with contributor credit to Valerie Bauerlein, Amir Efrati and Dan Slater - subscription required). The Journal's story matches the Times' for detail, and takes it several steps further with greater insight into plea negotiations and interesting context concerning financial investigations that implicate prominent politicians. Meanwhile, Newsday's Robert Kessler, quoting anonymous sources, offers new details on Spitzer's alleged second thoughts about making wire transfers to the prostitution's front companies in 2007.
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Posted at 09:30 AM
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| Questions for the Times on how it started |
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| Thu, March 13, 2008 |
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Kudos to the Times for agreeing to answer reader questions about its work on the Spitzer story. But, because the message board was overwhelmed with more than 200 postings (some with multiple questions) in the first seven hours, I can't get a word in edgewise over there. So here are my questions:
The New York Observer's John Koblin on Tuesday credited Times courts reporter William Rashbaum with starting the ball rolling when he got a tip last Friday. The tip supposedly was that the Client 9 identified in papers the government filed in court the previous day was a New York official. Eventually Rashbaum and others at the Times became convinced it could be Spitzer. Yet, in the chronology the Times published today, Michael Powell and Nicholas Confessore write of the otherwise routine court appearance on Thursday by the defendants in the prostitution indictment:
Just one fact piqued interest for some in the room: The lead prosecutor on the case was Boyd M. Johnson III, the chief of the public corruption unit of the Manhattan United States attorney’s office.
Later that day, reporters at The New York Times learned of the unusual presence of three lawyers from the corruption unit, including the boss of that division and an F.B.I. agent from one of the bureau’s public corruption squads. The public corruption units often look at the conduct of elected officials.
Within hours, the reporters were convinced that a significant public figure was involved as a client of the prostitution ring.
Who are the "some in the room" who caught onto this? Rashbaum? Or Alan Feuer, whose byline was on the original Spitzer-less story? Does this mean that the Observer got it wrong? Or are both stories correct, meaning that the Times started asking questions and was tipped that it was onto something? And how did they learn of the presence of other corruption cops in the courtroom?
Today's Times story goes on to say, "By Friday, The Times was confident that the official was Mr. Spitzer." Confident how? Did you guess, and get hints or confirmation? Did someone reach out and steer you toward the answer?
Final question: Any guesses on how long it would have taken the feds to leak this anyway?
The last one is anyone's guess. Here's mine: two more days, tops. Answers to the other questions, I suspect, will be a long time in coming.
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Posted at 08:41 AM
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| Scruggs' switch catches Journal flat-footed |
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| The Wall Street Journal |
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| Sat, March 15, 2008 |
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Is it payback time for the Journal against John Keker? If I were Paulo Prada or Ashby Jones, the Journal reporters whose bylines topped this front-pager on Friday, I would have felt one of two emotions yesterday: self-loathing or Keker-loathing. That's because the story -- a lengthy preview of the upcoming judicial-bribery trial of Mississippi trial-lawyer legend Dickie Scruggs, represented by equally legendary criminal defense lawyer John Keker -- was followed a few short hours later by Scruggs' guilty plea. The reporters evidently were in the dark. Their story didn't even speculate on the chances for a deal. So that means they didn't do a good enough job of working their sources on a story they should have known intimately. Or that it happened quickly, and both Keker and their other sources in the case screwed them by not giving a last-minute heads-up that their story was about to be eclipsed by fast-moving events. Either way, it's not a happy situation for a news operation that has devoted enormous attention to the case (check out WSJ Law Blog's Scruggs archive). At 11:45 a.m. Friday, Jones posted on the blog the news of the plea, crediting it to the wires (ouch). That was followed by two more posts during the day, and then today's story. A competitor, the Times' Jonathan Glater, couldn't resist slyly noting the situation. His story on the plea today points out that the Journal quoted Keker slamming the Scruggs prosecution as a "manufactured crime" on the same day that his client admitted guilt. More consoling was the Clarion-Ledger's acknowledgment that it was a surprise.
Which brings us to today, fess-up time with the Journal's readers. So what emotions seem to run beneath the surface of the Journal story on the plea, penitently downplayed on page A3 and carrying Jones' and Prada's bylines? They play it completely straight: no recriminations or bitterness, directed either at lying lawyers or clueless reporters. No snide mentions in graf three that the same lawyers who insisted as late as Thursday that there was no deal in the works were now in court on Friday inking the deal. Same goes for Jones' video report (which he starts by saying, "Quite a surprising development today...."). No fair, guys. Someone has to take the fall for this one!
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Posted at 11:04 AM
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| Content analysis ranks our team low |
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| Tue, March 18, 2008 |
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The Project for Excellence in Journalism ranks reporting on courts and the legal system among the least covered domestic issues, occupying four-tenths of a percent of the annual newshole in all media last year. That doesn't ring true. I'd like to see how the researchers define terms, for starters. With crime ranking so highly (fourth-most covered, including foreign topics, at just under 8 percent of the newshole), and with what I see in the major national papers daily, I have to wonder if they're only counting stories on the justice system, or if they're counting every story that has a court angle or reporting comes from court hearings and records. Isn't every crime story a story about the legal system? Is that steroids-scandal story just about sports, or is it partly about the courts? So how were stories put in those respective buckets? Until I understand that, I'm not willing to concede that legal journalism is such a castoff.
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Posted at 11:44 AM
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| Oral arguments as spectator sport |
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| The Washington Post |
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| Wed, March 19, 2008 |
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I love this story by the Post's Mary Beth Sheridan. Taking an ordinary assignment (do a color sidebar on the scene outside the Supreme Court during a high-profile argument), she focused not just on the shouting protesters, but also on the ordinary citizens who went to the Court yesterday to glimpse history being made. The young, in particular, made for inspiring copy:
Those standing in line to see the court's arguments were also discussing the case, but in calmer tones. Some were activists, but many were students, waiting hours for their three-minute glimpse of the greatest law tutorial in the land. They were an unusual lot: high school students who had postponed spring-break trips, college kids who got up at dawn, and even that rarest of D.C. creatures -- the teen-aged Scalia groupie. "He writes fascinating dissents," said 17-year-old Lauren Franz, who rose at her Alexandria home at 4:30 a.m. in hopes of glimpsing 72-year-old Justice Antonin Scalia.
Note the reference to three minutes. Earlier in the story, Sheridan explained that the large crowd dictated a policy limiting spectators' time in the courtroom to three minutes. None was quoted complaining. They were just happy to be there. But I wonder how many more would get that tutorial, or revere a Supreme Court justice or two, if they could watch videos of arguments.
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Posted at 08:26 AM
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| The antidote to litigation spin |
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| The Washington Post |
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| Wed, March 19, 2008 |
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Could there be any plainer or more compelling argument for thorough legal reporting, and against litigation spin doctors, than this illustration from the Paul McCartney divorce case? As Kevin Sullivan writes in today's Post, Heather Mills asked that the judge not release his written findings. No doubt she hoped to bank on lazy reporters' willingness to take her word for whether she is, indeed, entitled to be "so, so happy" with her nearly $50 million judgment (those were the words she used when the ruling was first announced). The ruling, which the judge declined to keep secret, portrays her in most unflattering terms, and makes clear that she lost most convincingly. Imagine all the cases where reporters don't bother consulting the court record, but instead rely on their own gut reaction ("$50 million? Wow, she's rich!") and on the self-delusional statements of image-conscious litigants.
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Posted at 08:48 AM
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| Cautious policy foiled by citizen journos |
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| MinnPost.com |
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| Thu, March 20, 2008 |
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What good are policies against publishing the names of criminal suspects who've been arrested but not charged if the news organization that follows those standards in its main product is also publisher of a forum for citizens to post anything they please? That's the question that Minneapolis writer David Brauer explores thoughtfully and thoroughly in this reported piece on MinnPost.com, an independent news site. Brauer's story focuses on a murder suspect whose name was withheld from the Star Tribune, per the Strib's longtime policy, but then posted on the paper's buzz.mn site by a citizen. Now the paper is rethinking its policy -- because it lacks total control of its publications, and because of stiff competition to be first with crime news. Brauer looks at the value of the old policy (preserving the reputations of innocent people in cases where charges won't be filed after an arrest), at the exceptions that already had weakened it (it's honored, except when it's not), and generally takes a practical rather than legalistic view of this changing terrain.
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Posted at 01:49 PM
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| Portrait of a "tough broad" |
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| American Journalism Review |
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| Thu, March 20, 2008 |
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Kevin Rector's profile of Toni Locy in American Journalism Review starts out slow and fairly generic-sounding. And then it kicks into gear, providing a genuine-sounding portrait of a classic courthouse reporter. Locy's the real deal, and her explanation in this story -- an implicit excuse -- for why she can't satisfy the legal hounds baying at her to cooperate rings true. We need more tough, independent, smart reporters like this. And fewer lawyers who see it as their mission to win at all costs, and to tear down a professional whose work is every bit as important to the rule of law as theirs is.
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Posted at 08:18 PM
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| Polygraphs get pedophile seal of approval |
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| The Wall Street Journal |
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| Sat, March 22, 2008 |
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The Journal's Laurie Cohen takes an unusual tack in this story about increasingly common use of polygraph testing. The much-maligned lie detector, widely discredited as reliable courtroom evidence, is nonetheless a useful and trusted tool in post-conviction proceedings, Cohen reports. And to illustrate that point, Cohen interviews convicted sex offenders whose polygraph tests sent them back to prison. The offenders admit that they were backsliding, and the polygraphs caught that. She relates the facts and explores the policy questions effectively. I would have preferred more detail on legal topics that Cohen barely skims: how courts are relaxing rules against using polygraphs as evidence, and whether parole violations resulting from negative polygraph tests meet everyone's standard of due process. Still, it's a fascinating look at why a law enforcement tool derided as "voodoo" is still so popular. Between this high-profile story and Cohen's excellent work in the Journal's coverage of the Spitzer affair, it's obvious why the Journal would take Cohen back after her fling with Portfolio last year.
(P.S. - I have never ignored the Journal, despite its subscriber-only firewall, because of my high regard for its legal reporting. But now, thanks to this legal hack, I can link to free versions of the stories that subscribers like me can read already.)
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Posted at 08:19 AM
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| Journal vs. Keker: It's your fault! |
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| The Wall Street Journal |
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| Mon, March 24, 2008 |
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A little over a week ago, I chided The Wall Street Journal for missing the impending guilty plea of Dickie Scruggs and wondered why the paper hadn't sought payback from Scruggs' defense counsel, John Keker. It took a while, but payback time it is, compliments of Dan Slater at the Journal's Law Blog. That blog is edited by Ashby Jones, who shared a byline with Paulo Prada on the story in question. The story, which previewed the Scruggs trial and quoted Keker trash-talking the prosecution, was published mere hours before Scruggs pled out. Slater ponders whether Keker stepped over an ethical line by acting too convincingly that he believed his client's not-guilty plea.
One nuance that gets lost in Slater's comments and his quote of a letter to the editor: The story obviously was produced days or weeks before publication, so Keker didn't utter his quotes necessarily on the eve of the about-face. So my questions stand: Did the reporters not exact a promise from Keker to give them a heads-up if the story was about to change? Did Keker screw them by not tipping them? Or did the reporters simply not get close enough to the truth, either because they stopped reporting too soon or didn't ask the right questions? It's still not clear to me what happened, but it ain't pretty!
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Posted at 04:35 PM
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| Freep's mayoral scandal gears up |
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| Detroit Free Press |
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| Tue, March 25, 2008 |
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The Detroit Free Press' months-long coverage of the financial and sex scandal involving Mayor Kwame Kilpatrick yields indictments. Does it yield anything surprising in the Freep's pages? Not really. But today's package is admirably complete, if nothing else, covering scads of angles with seemingly solid, careful coverage. It adds to the "mayor in crisis" index page that catalogs a huge volume of reporting on allegations that Kilpatrick used millions in public money to settle litigation in a failed attempt to keep a romantic affair secret. The paper's open-records requests and litigation played a key role in bringing the scandal into full view -- thanks to the mayor's archived text messages -- a journalistic a commitment to open government that deserves accolades.
One minor quibble: Why can't I find the stories that kicked this all off on the Freep's Web site? No matter how deeply I dig into the "related links" pile and page back through searches, I either hit a tollgate or dead ends. Seems like the paper would want to put its groundbreaking stories front and center at a time like this.
Classy move by the competing Detroit News to credit the Free Press' role in the scandal prominently in its lead story on the indictment.
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Posted at 09:19 AM
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| IRE winners include "Mississippi Cold Case" |
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| Wed, March 26, 2008 |
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Investigative Reporters & Editors announces its prestigious awards, and legal reporting, as usual, plays a prominent part. Reviewing the list of medalists and certificate winners and finalists always cures me (at least temporarily) of the blues, when I'm down about the prospects for news organizations of all sizes to support important, enterprising, and resource-intensive journalism. There's good work going on all over.
Notable legal-reporting winners, with IRE's judges' comments:
The IRE medal: "Mississippi Cold Case" — MSNBC; David Ridgen, Michael Hannan, Brad Clarke, Judith Greenberg, Scott Hooker
Judges' comments: This compelling documentary was aired by MSNBC and produced by David Ridgen of the Canadian Broadcasting Corporation. The piece impressed the judges for its creative vision, thorough reporting and dramatic results. By literally digging up the past, following every lead and hounding key witnesses and participants, the producer showcased how original investigative reporting can solve cases. And by stirring up the interest of federal prosecutors, the piece also led to the prosecution of a key perpetrator of a long-forgotten murder of two African American men in 1964. By highlighting the emotional journey of the victim's brother, the film told a story of reconciliation that gave larger meaning and context to the investigation. The medal was awarded for the originality of the work and the use of old-fashioned shoe-leather reporting.
An IRE certificate in the small-newspaper category: The Wait of Conviction -- The Augusta (Ga.) Chronicle; Sandy Hodson
Judges' comments: This investigation uncovered the fact that many of the people convicted of serious crimes in Richmond County, Georgia, were not able to appeal their cases. By obtaining and reviewing hundreds of cases from a ten-year period, the reporter not only discovered a miscarriage of justice, but also affected change: the local judges responded with a promise to solve this serious problem. The piece was unique in that it focused on the administration of the justice system, not just the results of that system.
And, perhaps most encouraging of all, an IRE finalist in the student category is the University of Maryland's Capitol News Service, and reporter Anju Kaur, for reports on Maryland's flawed attorney-discipline system.
Congratulations to all.
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Posted at 09:52 AM
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| Greenhouse lands at Yale |
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| Wed, March 26, 2008 |
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Buyout-bound Linda Greenhouse won't stay idle for long. She's landing at Yale Law School in January, where, according to a YLS press release she will be:
the Knight Distinguished Journalist-in-Residence and Joseph M. Goldstein Senior Fellow. In that capacity, she will advise on the framing and development of the new Yale Law School Law and Media Program (LAMP), work on her own research about the Supreme Court and constitutional law, teach through lectures and seminars, and participate in various Law School activities, including Yale Law School’s Supreme Court Clinic.
In an e-mail, Greenhouse said that her teaching duties will start in the fall of 2009, but what she'll teach isn't certain yet. I asked her if she's taught before. She replied:
I haven't ever taught a whole course before, but I've done a lot of academic lecturing. For two academic years, 2004 and 2005, I was a Phi Beta Kappa Visiting Scholar, and lectured in colleges all over the place.
I'll be curious to see how much of a media spin her course or courses take, given the purpose of the law school's Law and Media Program, which describes itself this way:
The Yale Law School’s Law and Media Program, in which Ms. Greenhouse will be Journalist-in-Residence, is supported by an earlier challenge grant from the John S. and James L. Knight Foundation, to build upon the Law School’s longstanding focus on the intersection of law, media, and journalism. The Law and Media Program is directed toward Yale Law School students who plan to be journalists, advocates for journalists, policymakers, or leaders in the media industry; working journalists who seek a deeper understanding of law, media, and policy; and scholars who study cutting-edge issues of law and media. The Program’s co-directors are Professors Jack Balkin and Robert Post ’77. The Law School has also long offered the degree of Master of Studies in Law (M.S.L.), a one-year law degree for journalists seeking an intensive immersion in legal thinking to better educate their audiences upon their return to journalism.
Greenhouse is not a lawyer, but she has a master of studies in law under a longtime program at Yale that was supported by the Ford Foundation at the time Greenhouse studied there, and later by the Knight Foundation. The program is less prominent now than in the Knight days, because it no longer gives journalists a stipend and a scholarship to attend. I've asked Dean Harold Koh what exactly the school hopes to do in "framing and development" of the Law and Media Program. I'll post what I learn from him.
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Posted at 07:31 PM
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| More on Yale's Law and Media Program |
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| Wed, March 26, 2008 |
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Harold Koh, Yale's law dean, explained in an interview what is new about the Law and Media Program (and I thought more explanation was called for, given that the school's Greenhouse announcement described aspects of the program as longstanding and new). First, by way of disclosure, and maybe nostalgia: I know Koh because he was one of a handful of thinkers who helped make Counsel Connect a special experiment in the Internet's early days. I helped launch and then ran the lawyers-only online service from 1992 to 1999. He and others such as Pam Samuelson, Steve Gillers, and David Post came aboard as hosts of online discussions, not because of me (I was the day-to-day operations guy) but because of a Yale law graduate named David Johnson, a Wilmer Cutler partner and Internet pioneer. Anyway, Koh now has it in his head that I introduced him to e-mail and the 'Net, so whatever. But here's the connection to the Greenhouse announcement: Koh wants to dot-com Yale's longstanding law and media interests. The new Law and Media Program has a broader mandate than what has existed at the school before, as Koh tells it, because it will study and teach about and host conversations about the Internet-bred changes in media that affect the law. Greenhouse is just part of the equation. Others are at Yale, or will be brought onboard, to help the school think about what makes for authoritative legal journalism anymore. It all sounds like fun, and with a Yale spin on legal education (which is to say that it isn't exactly the nuts and bolts of passing the Connecticut bar exam). Greenhouse has chosen a mind-expanding place to land, to be sure.
Koh adds that more hires are in the works, including a director to run the program. Greenhouse won't have that kind of operational and administrative role. But she is, as Yale Daily News' Isaac Amsdorf calls her, a "marquis catch" for the program.
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Posted at 09:10 PM
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| LAT: Call your liability carrier |
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| Los Angeles Times |
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| Thu, March 27, 2008 |
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This is the stuff of reporter and editor nightmares. Less than a day after The Smoking Gun accused the LA Times of publishing a bogus report on supposed revelations into the 1994 attack on rapper Tupac Shakur, the paper and its Pulitzer-winning reporter, Chuck Philips, apologized. They now say they evidently were scammed into basing the story on forged FBI documents. Weirdly, the original March 17 story remains online without any note (as of this writing) that the paper has disavowed it. That this happened to such an experienced investigative reporter as Philips, who explains in today's article by James Rainey how he attempted to confirm the authenticity of the documents, should prove chilling to all reporters who might put too much trust in a document. The Smoking Gun and Bill Bastone once again buff their reputation for creative reporting. And now, showboat lawyer Howard Weitzman, representing the target of Philips' reported conspiracy against Skakur, Sean "Diddy" Combs, takes center stage to seek a big, fat payment in lieu of a libel suit.
Update: Slate's Jack Shafer extracts lessons for journalists from the LAT's bellyflop. It's good stuff, although, as Shafer himself acknowledges, a heck of a lot easier to see in retrospect.
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Posted at 07:58 AM
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| Lichtblau book: full employment for bloggers |
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| Thu, March 27, 2008 |
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The New York Times' Eric Lichtblau sparks a raging debate with excerpts published last night on Slate from his new book, "Bush's Law: The Remaking of American Justice." Lichtblau, who with fellow reporter James Risen broke two of the more notable stories on the administration's post-9/11 surveillance techniques -- warrantless wiretapping by the National Security Agency, and snooping on international financial records -- used his excerpt to telescope in on some of the most interesting journalistic insights the book provides (I've read the galleys, so I can say that with some authority). At The New Republic's "The Plank," Gabe Sherman examines the role that Risen's book reportedly played in forcing the Times to publish a story that it held for 14 months. Sherman also usefully links to stories from 2006 that explored what then was known about the Times' news decisions.
Over at Slate's "Convictions" blog, Eric Posner sets off a fascinating debate over the Times' role and Lichtblau's explanations of what the Times could and should have done. Followup posts by David Barron, Marty Lederman, and Posner himself thoughtfully examine the issues.
What I find ironic and unspoken in all of this, though, is the simple fact that for all the flak the Times and Licthblau/Risen will take anew, it's mostly from pundits who wouldn't have anything to debate if it weren't for reporters like Lichtblau digging up the goods.
Disclosure (or plug?!): Lichtblau will appear in his native Syracuse on April 21, at this event at the Newhouse School, where I'll host a discussion with him about the book and its revelations about journalism.
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Posted at 08:27 PM
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| On the docket: TRO against doomsday |
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| The New York Times |
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| Sat, March 29, 2008 |
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Dennis Overbye, the Times' deputy science editor, deftly and entertainingly meshes the science of physics with the mechanics of law in this front-pager today. He writes about a quirky lawsuit in a Hawaii federal court that seeks to shut down the Large Hadron Collider, which this summer is to begin smashing protons to study the most basic elements of the natural world. Either that or they'll be destroying all of creation. Overbye writes of the plaintiffs, whom he profiles briefly, that they . . .
contend that scientists at the European Center for Nuclear Research, or CERN, have played down the chances that the collider could produce, among other horrors, a tiny black hole, which, they say, could eat the Earth. Or it could spit out something called a “strangelet” that would convert our planet to a shrunken dense dead lump of something called “strange matter.”
Overbye, a longtime science writer who has a physics degree from M.I.T., deals in a brief but sophisticated way with questions of legal jurisdiction and the federal regulations and authorities involved. Mostly, though, he takes this for what it is: an unorthodox way to debate science. And he shows that expert writers from any beat can have brainy fun with courthouse news.
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Posted at 07:10 AM
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| Assignment desk: Vaccine case's real meaning |
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| Mon, March 31, 2008 |
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Why does it take a scientist's op-ed piece in the Times to put a much clearer -- or at least nuanced and different -- perspective on a recent court case that alarmed many parents? I haven't paid close enough attention to the fallout from an announcement earlier in March that the government supposedly admitted that vaccines could cause autism. Perhaps reporters have thoroughly chewed through that alarming and intriguing tidbit offered by parents who were critics of the government and of vaccines. But I haven't seen prominently published reports to that effect. Should medical and legal reporters take their cue from this op-ed to question whether this case has been misunderstood?
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Posted at 08:45 AM
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