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Does Fox News lead or follow its audience? Yes.

Brian Stelter. Photo (cc) 2017 by nrkbeta

Does Fox News lead or follow its audience? I’ve long thought it was both.

During the 2015-’16 presidential campaign, Fox tried to take out Donald Trump, as when then-Fox host Megyn Kelly confronted Trump with his misogynistic remarks at the first Republican debate. It didn’t work, and eventually Fox got with the program. Then, after Joe Biden defeated Trump in 2020, Fox tried to play it straight, more or less. Famously, it was the first media outlet to call Arizona for Biden, a state that ensured his victory. But when Fox’s audience started stampeding to farther-right cable channels like Newsmax and OAN, Fox reversed itself and embraced Trump’s lies so tightly that it cost them $787 million in a libel settlement.

Brian Stelter makes that argument in an interview with Tom Jones of Poynter. Stelter, who’s written a new book about Fox called “Network of Lies,” tells Jones that most Fox employees don’t much care about politics. Instead, they are motivated by the usual: making a living. Here’s an excerpt:

For most, it’s just a job, not a calling. Some producer and director types truly believe in the Trump agenda and will stop at nothing to see him reelected. But most are just trying to make good TV. They definitely aren’t losing sleep about Fox’s coarsening of the culture or Trump’s brainwashing of the base.

I write in the book that rank-and-file staffers like to gossip about hookups between hosts and ratings rivalries between shows. On the occasions when I steered my source chats in a more serious direction, toward the impact of Fox-fueled disinformation on society and democracy, staffers turned cagey or dismissive. I heard some predictable whataboutism and rants about the flaws of other networks.

Bottom line: I think introspection and accountability are in short supply at Fox, a tone that’s set at the top, by Rupert, who advised Fox News Media CEO Suzanne Scott years ago to “ignore the noise.”

You should read the whole thing. And by the way, although Stelter probably isn’t interested, I wonder if it might be possible for new CNN head Mark Thompson to lure Stelter back now that the brief, unlamented Chris Licht era is over. Stelter appeared on CNN last week to plug his book, so who knows? I wouldn’t expect to see Stelter return to his old job, which is being ably filled by Oliver Darcy. But Stelter is among the very best media reporters in the business, and it would be great to see him return in some capacity.

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Nobel winner weighs in on a shocking police raid against a newspaper: ‘It’s happening to you now’

Eric Meyer. Photo (cc) by Sam Bailey / Kansas Reflector

How stunningly authoritarian was a police raid on a newspaper office in Marion, Kansas? Here’s an indication: When independent media reporter Brian Stelter posted about it Friday night on the Platform Formerly Known as Twitter, among those responding was Maria Ressa, the Filipino journalist who won the 2021 Nobel Peace Prize for her courageous resistance to her own country’s authoritarian regime.

“It’s happening to you now … death by a thousand cuts,” she wrote.

The shocking raid, conducted Friday afternoon, was aimed at seizing computers, cellphones and other materials from the Marion County Record, whose owner and publisher, Eric Meyer, is a former journalist for the Milwaukee Journal and a former journalism professor at the University of Illinois. According to the Kansas Reflector, a nonprofit news outlet, the police action threatened Meyer’s ability to publish his paper — which, after all, may have been the point.

Meyer told the Reflector that the authorities were trying to send him a message: “Mind your own business or we’re going to step on you.”

What’s especially weird about all of this is that involved a rather quotidian matter. The Reflector has been reporting on a restaurant owner who did not have a driver’s license and had been convicted of drunken driving, thus threatening her catering business. According to the Record’s own coverage of the raid, officers descended on the Record’s office as well as Meyer’s home, where they seized technology used by his 98-year-old mother to watch television and photographed Eric Meyer’s personal financial documents. The home of a vice mayor was targeted as well.

The Reflector’s journalism is licensed under Creative Commons, and news outlets are free to republish it. Below is the full story:

Police stage ‘chilling’ raid on Marion County newspaper, seizing computers, records and cellphones

By Sherman Smith, Sam Bailey, Rachel Mipro and Tim Carpenter | Aug. 11, 4:15 p.m.

MARION — In an unprecedented raid Friday, local law enforcement seized computers, cellphones and reporting materials from the Marion County Record office, the newspaper’s reporters, and the publisher’s home.

Eric Meyer, owner and publisher of the newspaper, said police were motivated by a confidential source who leaked sensitive documents to the newspaper, and the message was clear: “Mind your own business or we’re going to step on you.”

The city’s entire five-officer police force and two sheriff’s deputies took “everything we have,” Meyer said, and it wasn’t clear how the newspaper staff would take the weekly publication to press Tuesday night.

The raid followed news stories about a restaurant owner who kicked reporters out of a meeting last week with U.S. Rep. Jake LaTurner, and revelations about the restaurant owner’s lack of a driver’s license and conviction for drunken driving.

Chris Licht understood what was wrong with CNN but had no idea of how to fix it

Photo (cc) 2010 by CNN Center

I started out writing a much longer post about Tim Alberta’s astonishing 15,000-word takedown of CNN’s now officially embattled CEO, Chris Licht. But I decided there’s really no need. You can read Alberta’s story for yourself along with Jon Allsop’s analysis for the Columbia Journalism Review of what it all means, Brian Stelter’s article at New York magazine on the chaotic aftermath inside CNN, and Benjamin Mullin’s story in The New York Times on Jeff Zucker, Licht’s bitter and scheming predecessor.

Rather than add to that, I want to focus instead on one small point that shows Licht sort of/kind of had the right idea. While speaking to a student group, Alberta writes, “Licht sought to differentiate CNN from both networks — slamming Fox News for being a duplicitous propaganda outfit, and rebuking MSNBC for trafficking in hysteria.”

Licht has been talking this way from the moment he ascended to the top of CNN, and it’s why I was willing to cut him some slack despite misguided decisions such as firing Stelter, the network’s excellent media reporter. The problem, it seems, is that he understood CNN’s problems correctly but superficially and thus wasn’t really able to execute.

CNN didn’t need to move from the left back toward the center or to be more polite to authoritarian right-wingers, as Licht seems to think. Rather, it needed to readjust the balance between opinion and reporting.

Of course, it’s fair to ask who is really calling the shots at CNN — Licht or his overlords, David Zaslav, the head of Warner Bros Discovery, and right-wing billionaire John Malone, who owns a significant chunk of the company. It all fell apart when CNN’s town hall event with Donald Trump turned into a disaster in exactly the ways in which everyone had predicted — with Trump simply yelling lies in the face of his well-prepared but overwhelmed host, Kaitlan Collins, while the Trumper crowd hooted and hollered off stage.

You may have heard that another media executive, David Leavy, has been brought in as CNN’s chief operating officer, a significant wing-clipping for Licht, who has presided over a steep decline in ratings, revenue and morale. It seems hard to believe that Licht can survive the humiliation, much of it self-inflicted, that he endured in Alberta’s piece.

It’s equally hard to know where CNN should go from here. A return to Zucker’s clown show (Chris and Andrew Cuomo, anyone?) would hardly restore the reputation of a still-great news organization whose on-air product often fails to match the excellence of its journalists.

CNN is just as much in need of a reset today as it was when Licht took over.

Earlier:

John Harwood’s brand of truth-telling is no longer welcome at CNN

Chris Licht, left, hanging out with a notable truth-teller. Photo (cc) 2017 by Arforv

The way forward for CNN was less talk, more news. Instead, Chris Licht, the new chairman and CEO, seems to have embarked on a campaign of less truth, more pandering to the Trumpist right wing of the Republican Party.

Last month Licht canceled “Reliable Sources,” CNN’s long running media-criticism program. That led to the departure of its host, Brian Stelter, who had emerged as an outspoken defender of the press and the First Amendment in the face of Donald Trump’s attacks on the media as “enemies of the people.”

Then, on Friday, came another blow. In analyzing President Biden’s Thursday night speech, White House correspondent John Harwood told the simple truth about the state of our politics. Within two hours, Harwood announced that he was leaving CNN. As Dan Froomkin reported, “A source with knowledge about Harwood’s situation told me that Harwood was informed last month that Friday would be his last day, even though he was on a long-term contract. ‘He used one of his last live-shots to send a message,’ the source told me.”

Here’s what Harwood said in what turned out to be his last appearance on CNN (click through to Froomkin’s post to watch the video):

The core point he made in that political speech about a threat to democracy is true. Now, that’s something that’s not easy for us, as journalists, to say. We’re brought up to believe there’s two different political parties with different points of view and we don’t take sides in honest disagreements between them. But that’s not what we’re talking about. These are not honest disagreements. The Republican Party right now is led by a dishonest demagogue. Many, many Republicans are rallying behind his lies about the 2020 election and other things as well. And a significant portion — or a sufficient portion — of the constituency that they’re leading attacked the Capitol on January 6th. Violently. By offering pardons or suggesting pardons for those people who violently attacked the Capitol, which you’ve been pointing out numerous times this morning, Donald Trump made Joe Biden’s point for him.

I was willing to give Licht some room after he replaced Jeff Zucker, who transformed CNN’s prime-time bloc into an endless stream of Trump-bashing and who had presided over and enabled the Chris Cuomo scandal. Zucker was said to be popular with the troops; given how bad much of the programming was, I didn’t think it was necessarily a bad thing that they were unhappy over his departure.

But Stelter and Harwood’s departures signal that Licht’s goal is to move CNN back to the center at a time when there no longer is a center. Eliana Johnson reported for the right-wing website Free Beacon that Licht has been sucking up to Republicans with the message “We want to win back your trust.” But as Harwood pointed out, you can’t have that kind of balance at a time when the Republican Party has devolved into “semi-fascism,” as Biden put it recently, by refusing to abide by the clear results of the 2020 election and indulging the insurrectionists who stormed Capitol Hill on Jan. 6, 2021.

The biggest unanswered question is how much of this is being driven by John Malone, a billionaire investor who owns a large chunk of CNN’s new parent company, Warner Bros. Discovery. As Peter Kafka recently wrote in Vox, Malone has been quite explicit in saying that CNN should be more like Fox News, but he’s also denied that he’s had anything to do with the recent changes at CNN. Then again, does he really have to say anything? Licht knows who’s calling the shots.

In the early days of the war in Ukraine, we all learned something we might have forgotten — CNN is a great news organization, with skilled, courageous reporters around the world dedicated to bringing us the news. It was a stark contrast to the hours of talk the network foists on us every evening. More news would be an admirable direction to pursue.

The danger, instead, is that CNN is going to stick with talk, give us some weird amalgam of small-d democrats and insurrectionists, and try to convince us that they’re now balanced. Who is this supposed to appeal to? It’s not going to attract current Fox News viewers. It’s hard to see who this will benefit other than MSNBC, which has stuck with its prime-time liberal talk-show lineup and which will probably attract some share of disaffected CNN viewers.

More: Following Zucker’s departure I offered five ideas for GBH News on how CNN could reinvent itself. So far, Licht has taken me up on exactly one of those ideas — strangling CNN Plus in the crib.

Brian Stelter’s departure is just the latest blow against media commentary

Brian Stelter. Photo (cc) 2019 by Ståle Grut.

The cancellation of CNN’s “Reliable Sources” and the departure of its host, Brian Stelter, is a development that resonates beyond one outlet and one journalist, because it takes place within the context of an ongoing decline in media commentary.

The news that Stelter was departing came Thursday evening. David Folkenflik’s account at NPR raises the possibility that Stelter was the victim of conservatives now ascendant at CNN, although the most prominent of those conservatives, John Malone, a major investor in CNN’s new owner, Warner Bros. Discovery, told Benjamin Mullin of The New York Times that he had “nothing to do with” the move.

Chris Licht, who succeeded the scandal-plagued Jeff Zucker as the head of CNN, has said on several occasions that he wants to move away from opinionated talk shows and get back to CNN’s reporting roots. That’s fine, but we’re talking about Sunday morning, which isn’t exactly prime time. Stelter will host one final edition of “Reliable Sources” this coming Sunday, but I’d be surprised if he says much. In a statement to Folkenflik, he said, “It was a rare privilege to lead a weekly show focused on the press at a time when it has never been more consequential.”

Stelter came to CNN from the Times nearly a decade ago. During the Trump presidency, in particular, he used his perch at CNN to emerge as an important and outspoken advocate of an independent press. He’ll be missed, although I have little doubt that he’ll land on his feet. Maybe he’ll even return to the Times. Frankly, I never quite understood why he left in the first place.

As for what this move represents, well, it’s just the latest in a series of blows to media commentary. CNN isn’t just showing Stelter the door — it’s getting rid of a  program that had been in rotation for some 30 years, having been previously helmed by Howard Kurtz (now the host of “Media Buzz” on Fox News) and Bernard Kalb. The media are one of our most influential institutions, and journalism is under assault. This is not the time to dial back. Yet consider these other developments.

  • Washington Post media columnist Margaret Sullivan is leaving to take a job at Duke University. Sullivan has been one of the true giants in holding journalism accountable. Before coming to the Post, she was a fearless public editor (the ombudsman) at The New York Times — someone unafraid of standing up to powerful people in her own newsroom. The position was later eliminated, removing a vital tool for accountability. At the Post, she’s used her platform to call for courage and truth-telling amid the Trump-driven onslaught against journalism.
  • The public radio program “On the Media,” as I’ve written before, is less and less about the media and more about the whims of its host, Brooke Gladstone, and the people around her. Cohost Bob Garfield was fired last year and accused of bullying the staff — charges he mostly denied in a recent essay at Substack. But the move toward non-media topics was well under way even before Garfield’s departure. The latest, believe it or not: a three-part series on erectile dysfunction. OK, they’re showcasing another podcast while they take a few weeks off. I hope they get back to real media reporting and commentary once they resume.
  • One of the most prominent media critics on the left, Eric Boehlert, was killed earlier this year when he was struck by a train while riding his bike. Before launching his own platform on Substack, Boehlert had worked for Media Matters and Salon. His Twitter feed was a running commentary on the sins of omission and commission by the so-called liberal media.
  • As many of you know, “Beat the Press,” the media program I was part of since its inception, was canceled last summer by GBH-TV (Channel 2) after 23 years on the air. Nothing lasts forever, and I was honored to be associated with the show. But we took on important national and local topics every week, and my own biased view is that its demise was a loss. Host Emily Rooney relaunched the program as an independent podcast earlier this year; I hope you’ll check it out.

I don’t mean to suggest that there’s nothing left in terms of media coverage and commentary. The Post, which is losing Sullivan, is still home to Erik Wemple, who writes incisive media criticism for the opinion section, Paul Farhi, an outstanding journalist who covers media stories for the news section, and others. One of the greats of media criticism, Jack Shafer, continues to write for Politico. And there are plenty of independent voices out there, from New York University journalism professor Jay Rosen to liberal watchdog Dan Froomkin to, well, me. (An aside: We need people of color and more women, especially with Sullivan moving on.)

Still, there’s less than there used to be, and “Reliable Sources” was a well-regarded outlet for many years. Best wishes to Brian Stelter. And I’ll be casting a wary eye toward Licht. Zucker left him with a real mess to clean up, but this was the wrong move.

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Bari Weiss, James Bennet and the selective omission of relevant facts

I had a chance on Monday to listen to Brian Stelter’s CNN podcast with Bari Weiss, the semi-conservative journalist who left The New York Times over what she perceived as an overabundance of left-wing groupthink.

It was an interesting conversation. I agreed with some of what Weiss had to say and disagreed with some of it. But I was put off by the revisionist history she espoused about the resignation of James Bennet as editorial-page editor of The New York Times. Stelter didn’t push back. I will.

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Weiss offered up as fact the notion that Bennet was forced out of the Times in 2020 solely because he published an op-ed piece by Sen. Tom Cotton, an Arkansas Republican, calling for military force to be used against Black Lives Matter protesters. She described a letter signed by Times staffers saying that Cotton’s op-ed put their lives in danger as “craziness.”

And yes, Bennet’s departure came shortly thereafter. But here are a few facts that neither Weiss nor Stelter brought up:

  • After Bennet defended Cotton’s op-ed, it was learned that he hadn’t even bothered to read it before it was published — an inexcusable dereliction of duty.
  • Shortly before the Times published Cotton’s op-ed, Cotton called for the government to give “no quarter” to looters. As The Bulwark, a conservative website pointed out, giving no quarter in military terms means to kill indiscriminately — a war crime. Cotton, a veteran, knows that. Unfortunately, neither Bennet nor any other Times editor asked Cotton to address that in his op-ed.
  • In late 2019, Times columnist Bret Stephens suggested that Ashkenazi Jews might be genetically more intelligent than other people. Bennet allowed him to clean it up unscathed, although Stephens did have to suffer the indignity of an Editor’s Note being appended to his column. As Politico media critic Jack Shafer wrote at the time, “The Times disavowal and re-edit (tellingly neither co-signed nor acknowledged by Stephens) was too little and too late — if you’re going to edit a piece, the smart move is to edit before it publishes.” That, ahem, would be Bennet’s job. Wonder if he read that one before it was published?
  • Sarah Palin has sued the Times for libel over a 2017 editorial in which Bennet personally added language suggesting that a map published by Palin’s PAC, festooned with crosshairs, incited the shooting that severely wounded then-U.S. Rep. Gabrielle Giffords and killed six others. There is no evidence — none — that the mentally ill shooter ever even saw the map. The lawsuit is still pending.

In other words, the mishandled Tom Cotton op-ed was merely the last in a series of banana peels that Bennet stepped on. It’s a wonder he lasted as long as he did.

After leaving the Times, Weiss moved to Substack and started the newsletter Common Sense. She is currently in the process of hiring a team of opinion writers to create what she told Stelter will be “the op-ed page that I want to read.”

Well, if the selective omission of relevant facts is what she wants to read — and wants to publish — then  you can count me out.

It’s time for the feds to stop hassling and spying on the press

FBI headquarters. Photo (cc) 2008 by zaimoku_woodpile.

Previously published at GBH News.

It was a move reminiscent of the post-9/11 Patriot Act, which allowed federal investigators to spy on the reading habits of library and bookstore customers in the name of fighting terrorism.

Last week we learned that the FBI had subpoenaed USA Today in pursuit of Internet Protocol addresses and other data. The goal was to help the agency figure out the identities of people who had read a story last February about a Florida shootout in which two FBI agents were killed and three were wounded. The subpoena specifically cited a 35-minute time frame on the day that the shootings took place.

Fortunately, USA Today’s corporate owner, Gannett Co., the nation’s largest newspaper chain, took a principled stand and fought the subpoena. On Saturday, the FBI backed down. There’s already little enough privacy on the internet without having to worry about the possibility that government officials will be looking over our shoulders as we’re reading.

We are in the midst of a systematic assault on the media’s role in holding the powerful to account. And it’s long past time for our elected officials to do something about it by passing legislation rather than relying on assurances by President Joe Biden that he’s ending these abuses. After all, Biden’s assurances can be undone by the next president with the flick of a pen. We need something stronger and more stable.

Barely a month ago I wrote about the revelation that the Trump Justice Department had spied on three Washington Post reporters’ phone records. I observed that Trump’s actions were in line with a long string of presidential attacks on the media, from Richard Nixon to George W. Bush to Barack Obama.

Since then, the revelations have come at a dizzying pace. In addition to the USA Today subpoena, which strikes me as especially egregious since it targets readers rather than journalists, there have been at least two other noteworthy instances of abuse:

• In late May, CNN reported that the Trump administration had secretly obtained 2017 email and phone records of Barbara Starr, a longtime reporter for the network. The period in question was June 1 to July 31, 2017.

• In a particularly noxious abuse of the government’s power, The New York Times reported several days ago that the Justice Department had subpoenaed Google for the email records of four Times reporters — and that, though the inquiry had begun under former President Donald Trump, it continued under Biden. As recently as March, the Justice Department obtained a gag order prohibiting Google from informing the Times. That order was later amended so that a few top officials at the Times could be told, but not executive editor Dean Baquet.

“It is urgent that we hear from the attorney general about all three Trump-era records seizures, including the purported reasoning behind them and the rationale for not notifying the journalists in advance,” said Bruce Brown, executive director of the Reporters Committee for Freedom of the Press, in a statement released last week. “The goal must be to ensure that such abuses never occur again.”

Compounding the problem is the widely misunderstood belief that government officials are violating the First Amendment. For instance, on CNN’s “Reliable Sources” this past Sunday, Adam Goldman, one of the four Times reporters targeted in the Google probe, said, “The U.S. attorney’s office in D.C. has a history of trampling on the First Amendment, so that’s why I wasn’t surprised. They treat the media, they treat newspapers like drug gangs.”

In fact, over the past century the Supreme Court has interpreted the First Amendment in such a way that the protections for news gathering are exceedingly weak.

Protections for publication and broadcast are strong, which is why the press has been able to report on secret stolen documents — from the Pentagon Papers to the Snowden files — with few concerns about facing prosecution.

But the court has ruled that journalists have no constitutional right to protect their anonymous sources. And with regard to the current string of spying revelations, the court has held repeatedly that journalists enjoy no special rights that would not be available to ordinary citizens.

President Biden recently pledged to end the practice of seizing reporters’ records, saying the practice is “simply, simply wrong.” Some observers questioned whether he actually meant it, since he’d be breaking not just with Trump’s abuses but with longstanding practice. That, in turn, led press secretary Jen Psaki to assure journalists that Biden planned to follow through on his pledge.

But what a president does, a future president can undo. To guarantee that the press will be able to perform its watchdog role, we need a federal shield law so that reporters won’t be compelled to reveal their confidential sources. Such protections — either by law or by court decision — are already in place in 49 states, with the sole exception being Wyoming.

We also need legislation that prevents the government from secretly spying on journalists’ online activities — and on readers’ activities as well.

No doubt opponents will insist that the government needs to be able to spy in order to keep us safe. But the Post, CNN and Times cases appear to involve the Trump administration’s politically motivated attempts to learn more about the origins of the Russia probe, including the activities of former FBI Director James Comey. The USA Today case did involve a much more serious matter. But after dropping its demands, the FBI told the BBC that “intervening investigative developments” made the information unnecessary.

Which is nearly always the case. Rarely does the government’s desire to interfere with the press’ role involve a situation that’s literally a matter of life or death. And the law can accommodate those rare instances.

In general, though, the government should go about its business without compromising the independence or freedom of the press.

The template for the Bezos-Baron revival of the Post was set early on

Marty Baron, center. Photo (cc) 2017 by the Knight Foundation.

I was struck by how little new information there was in this New York Times overview of Marty Baron’s years as executive editor of The Washington Post. As described by Times reporter Marc Tracy, the Post succeeded under Baron and owner Jeff Bezos by switching its focus from regional to national, and from print to digital.

There’s more to it than just that, of course, and Tracy’s piece is worthwhile if you’re not familiar with the subject. The ground that Tracy covers is laid out in my 2018 book, “The Return of the Moguls.” The Bezos-Baron template was set early on. In recent years, the Post has continued to grow (its digital subscriber base now exceeds 3 million, and more than 1,000 journalists work in the newsroom), but that’s simply a continuation of earlier trends.

Likewise, New York University journalism professor Jay Rosen has been touting a comment Baron made to CNN’s Brian Stelter about what he learned from Bezos: “One thing that Jeff emphasized at the beginning is that we really should be paying attention to our customer more than our competitors.” As Rosen says, “Sounds simple, like banal business advice. It’s not.”

In 2016 I asked Baron about the Post’s competition with the Times, and he answered the question in a manner similar to what he told Stelter. I compressed Baron’s answer in my book, but here’s a fuller quote:

Well, we don’t obsess about The New York Times in that sense. We don’t see that as our only competition. We see other people as our competition and, frankly, we see all calls on people’s time and in terms of getting news and information as being a competition for us, not to mention all the other competition for people’s time.

One aspect of the Bezos-Baron era that Tracy leaves out is the role of technology in the Post’s revival. Under chief technologist Shailesh Prakash (like Baron, a holdover from the Graham era), the Post developed state-of-the-art digital products that are fast and a pleasure to use — better than the Times’ very good products, quite frankly.

Overall, the Bezos-Baron partnership has been good for the Post, good for journalism and good for the public. I hope the next editor can build on Baron’s legacy.

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Why CNN shouldn’t have hired Corey Lewandowski

Corey Lewandowski. Photo via CNN.

Corey Lewandowski. Photo via CNN.

Previously published at WGBHNews.org.

I don’t care that Corey Lewandowski is a partisan hack. And though it bothers me that he was Donald Trump’s thuggish enforcer, I don’t think it disqualifies him from sitting in front of a TV camera and extolling Trump’s alleged virtues.

But it does bother me—a lot—that CNN would give a platform to Lewandowski even though he may not be legally free to voice his honest opinion. That’s the least the network should get for the $500,000 it is reportedly paying him.

To recap briefly: Trump fired Lewandowski as his campaign manager a week ago Monday. Just two days later Lewandowski signed on with CNN to provide pro-Trump commentary. The hiring has been greeted with a considerable amount of outrage because of Lewandowski’s role in herding reporters into pens, banning certain journalists as well as entire news organizations from Trump events, and grabbing the arm of a female reporter hard enough that he was charged with assault. (The charge was later dropped.)

The real mind-bender, though, is that Lewandowski—who remains a true believer in Trump despite the firing—signed a non-disclosure agreement when he left the campaign. Even worse, he may also have signed a non-disparagement agreement. On the face of it, that would seem to mean there exists a legal document somewhere that says Lewandowski cannot criticize Trump. Now, maybe Lewandowski wouldn’t anyway. But there is an enormous difference between won’tand can’t. (We talked about the Lewandowski matter last week on WGBH-TV’s Beat the Press.)

Several of CNN’s on-air journalists have come up huge in holding their network to account. Last week Erin Burnett asked Lewandowski directly whether he had signed a non-disparagement agreement. Lewandowski did not answer the question. “Let me tell you who I am,” he said. “I am a guy who calls balls and strikes, I am going to tell it like it is.”

CNN media reporter Brian Stelter wrote about the situation last week and devoted a nine-minute-plus segment to it Sunday on Reliable Sources. Stelter, like Burnett, deserves credit for focusing on what exactly Lewandowski may have signed when he left the Trump campaign.

Should CNN run a disclosure every time Lewandowski opens his mouth? Yes, replied one of Stelter’s guests, Baltimore Sun media critic David Zurawick. But Zurawick added that CNN and other outlets should stay away from partisan commentators altogether. If they want to learn what’s going on inside the Trump campaign, he said, “let’s find out the old-fashioned way by reporting it, not paying weasels to tell you about it.”

Before Lewandowski’s hiring, CNN already had a pro-Trump commentator in its stable—Jeffrey Lord. And he told Stelter that he saw no difference between Lewandowski signing on with CNN, former George W. Bush consigliore Karl Rove going to work for Fox News, or former Bill Clinton apologist George Stephanopoulos being hired by ABC News.

Lord is right—or at least he would be right if it weren’t for the matter of what Lewandowski is legally free to say about his former boss. And you can roll any number of other hired guns into Lord’s critique. What do Democratic operatives Donna Brazile and Paul Begala add to our understanding when they appear on CNN? But such is the nature of political commentary on cable news, whose main imperative is to fill hour after hour as cheaply as possible. Yes, talking heads are cheap, even when they’re well-paid.

The sorry truth may be that CNN doesn’t want Lewandowski to criticize Trump even if he’s so inclined. During the 1990s Jeff Cohen, a left-wing media critic, got a tryout to fill the liberal seat on the late, unlamented Crossfire. Cohen didn’t get the job—and one of the reasons, he wrote in his 2006 book Cable News Confidential, was that he was unwilling to go along with a requirement that he defend Clinton come hell or high water.

No doubt Lewandowski will settle into his role without all that much additional controversy. Paul Fahri reported in the Washington Post on Monday that rumors of a revolt among CNN staffers had been greatly exaggerated. But something important has been lost, because CNN has gone beyond commentary, beyond partisanship, beyond the mindless recitation of talking points. With Lewandowski, we have no way of knowing whether he’s telling us what he really thinks or if he’s protecting the settlement he signed on his way out of Trump Tower.

That may not seem like much in a media environment in which we seem to hit a new low every week. But it’s one more reason why public distrust of the media is so widespread—and why it deserves to be.

Lewandowski can’t tell CNN viewers what he really thinks

Corey Lewandowski says hello to reporter Michelle Fields earlier this year.

Corey Lewandowski gives an affectionate shove to reporter Michelle Fields earlier this year.

If CNN wants to hire Donald Trump’s thuggish ex-goon, Corey Lewandowski, as a commentator, well, let’s just say that I would expect nothing less. But I’m genuinely appalled that CNN would bring him aboard knowing that Lewandowski is legally bound not to say what he’s really thinking.

CNN media reporter Brian Stelter, who’s doing a great job covering his employer’s ethical lapse, writes:

There are also swirling questions about whether Lewandowski is still bound to Trump somehow.

Like other Trump employees, he signed a non-disclosure agreement that ensures he will not share confidential information.

The agreement likely included a “non-disparagement clause,” impeding his ability to criticize Trump publicly.

I could almost live with the non-disclosure agreement. That’s not much different from a reporter’s protecting a confidential source. But a “non-disparagement clause”? Seriously? If Stelter has that right, then it means Lewandowski can’t offer his honest opinion on anything to do with Trump. When the next Trump outrage takes place and Lewandowski says it’s just peachy, we won’t have any idea whether he means it or not.

CNN should walk away from this colossal blunder, but of course it won’t.

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