Dan Rather stands by his story
His lawsuit will attempt to show that CBS tried to suppress the report on Bush's National Guard Service and the Abu Ghraib abuses.
By Sidney Blumenthal
Read more: George W. Bush, White House, Politics, Sidney Blumenthal, Katie Couric, Journalism, Lawsuits, viacom, Opinion, 60 Minutes, Abu Ghraib, mainstream media
Photo: Reuters/Lucas Jackson
Dan Rather talks on the Fox News show "Your World" about the state of television news, June 12, 2007.
Sept. 27, 2007 | Dan Rather's complaint against CBS and Viacom, its parent company, filed in New York state court on Sept. 19 and seeking $70 million in damages for his wrongful dismissal as "CBS Evening News" anchor, has aroused hoots of derision from a host of commentators. They've said that the former anchor is "sad," "pathetic," "a loser," on an "ego" trip and engaged in a mad gesture "no sane person" would do, and that "no one in his right mind would keep insisting that those phony documents are real and that the Bush National Guard story is true."
If the court accepts his suit, however, launching the adjudication of legal issues such as breach of fiduciary duty and tortious interference with contract, it will set in motion an inexorable mechanism that will grind out answers to other questions as well. Then Rather's suit will become an extraordinary commission of inquiry into a major news organization's intimidation, complicity and corruption under the Bush administration. No congressional committee would be able to penetrate into the sanctum of any news organization to divulge its inner workings. But intent on vindicating his reputation, capable of financing an expensive legal challenge, and armed with the power of subpoena, Rather will charge his attorneys to interrogate news executives and perhaps administration officials under oath on a secret and sordid chapter of the Bush presidency.
In making his case, Rather will certainly establish beyond reasonable doubt that George W. Bush never completed his required service in the Texas Air National Guard. Moreover, Rather's suit will seek to demonstrate that the documents used in his "60 Minutes II" piece were not inauthentic and that he and his producers acted responsibly in presenting them and the information they contained -- and that that information is true. Indeed, no credible source has refuted the essential facts of the story.
Most cases of this sort are usually settled before discovery. But Rather has made plain that he is uninterested in a cash settlement. He has filed his suit precisely to be able to take depositions.
In his effort to demonstrate his mistreatment, Rather will detail how network executives curried favor with the administration, offering him up as a human sacrifice. The panel that CBS appointed and paid millions to in order to investigate Rather's journalism will be exposed as a shoddy kangaroo court.
Rather's complaint has already asserted a pattern of network submission to administration pressure, beginning with the Abu Ghraib story. In early 2004, Mary Mapes, a producer for "60 Minutes II" with more than two decades of experience, uncovered the torture at the Abu Ghraib prison in Iraq. Her sources were sound and the evidence incontrovertible, but according to Rather's complaint, "CBS management attempted to bury" the story. In a highly unusual move, then CBS News president Andrew Heyward and then senior vice president Betsy West personally intervened to demand editing changes and ever more "substantiation."
Rather's suit states that "for weeks, they refused to grant permission to air the story" and "continued to 'raise the goalposts,' insisting on additional substantiation." Even after Mapes gained possession of some of the now-infamous photographs of the torture of prisoners at Abu Ghraib (a full set of which was later obtained and posted by Salon), the news executives suppressed the story, "in part," according to Rather's suit, "occasioned by acceding to pressures brought to bear by government officials."
Gen. Richard Myers, then chairman of the Joint Chiefs of Staff, called Rather at his home, sources close to the case told me, telling him that broadcasting the story would endanger "national security." Myers explained to Rather that U.S. soldiers, just then poised for an assault on Fallujah, would be demoralized and suggested that Rather and CBS might threaten the outcome of the battle and the soldiers' safety.
Only when Seymour Hersh, investigative reporter for the New Yorker, relying on different sources from Mapes', unearthed the Abu Ghraib story and CBS executives learned that the magazine was about to scoop the network did they grudgingly permit it to be aired. "Even then," Rather's suit states, "CBS imposed the unusual restrictions that the story would be aired only once, that it would not be preceded by on-air promotion, and that it would not be referenced on the CBS Evening News." Feeling forced against their will to broadcast a story they knew was accurate, CBS's executives did everything within their power to ensure the public would pay as little attention to it as possible by prohibiting any mention of it. CBS's self-censorship set the stage for its reaction to the Bush National Guard story.
The widely accepted account that Mapes and Rather's original piece on Bush and the Guard was unproved and discredited has been based on the notion that the documents revealed were false. But three years after the heated controversy exploded, these premises appear very uncertain in the cold light of day.
Upon graduation from Yale in 1968, George W. Bush was accepted into the Texas Air National Guard, known as the "Champagne Unit" for serving as a haven for the privileged sons of the Texas elite seeking to escape duty in Vietnam. Through carefully placed calls made by Bush family friends, Bush was edged ahead of a 500-man waiting list. Then, after failing to complete his required hours of flight, he requested transfer to a unit in Montgomery, Ala. But there is no proof that he ever performed any of his service there; he refused to take a physical and was grounded. Ordered to return to his Houston base, he simply disappeared. Yet he was honorably discharged in 1973, though there is no proof that he had fulfilled his obligation.
During the 2000 campaign, the Boston Globe reported a number of discrepancies in Bush's National Guard record. However, the rest of the national press corps virtually ignored the Globe's stories, instead preferring to swarm around fictions about Al Gore helpfully stoked by the Bush campaign. Bush refused to make public his military records, in contrast to his principal primary opponent, Sen. John McCain, who had released his. But the press collectively let the matter pass. Nonetheless, the gaps in Bush's service as reported by the Globe had not been answered and hung in the air, if anyone cared to pursue them.