Fish in a barrel: Berliner’s case against NPR is based on false and out-of-context facts

Robert Mueller. Photo (cc) 2012 by the White House.

Nearly 40 years ago I heard a lawyer tell a jury something in court that has stuck with me: If there’s a rotten fish floating around the top of the barrel, you’re under no obligation to reach in to see if there’s something better underneath. He was more eloquent (if no less graphic) than I, but you get the idea. If someone bolsters their argument with false or distorted facts, then you should feel free to disregard their larger point.

That’s why I want to return one more time to NPR senior business editor Uri Berliner’s long essay in The Free Press about what he regards as his employer’s move to the fringe left. Mainly he seems to be worked up about diversity workshops and a change in NPR’s audience from one that was more or less balanced ideologically to one that is overwhelmingly liberal and progressive — which, as I wrote earlier this week, is more a consequence of the great national sorting-out than of anything NPR itself has done.

But there were also three factual assertions he made. One is flat-out false; one is devoid of crucial context; and one is questionable. So here we go.

• False. Berliner writes that special counsel Robert Mueller found “no credible evidence” that Donald Trump had engaged in collusion with Russia, writing, “Russiagate quietly faded from our programming.”

Berliner has essentially adopted then-Attorney General Bill Barr’s gloss of the Mueller report, which itself was false. When the full report came out, and when Mueller himself finally testified before a congressional committee, we learned that the truth was more complicated. First, “collusion” is not a legal concept. Second, there was massive evidence of ties between Russia and the Trump campaign. Third, there was evidence that Trump had obstructed justice and had attempted to obstruct justice only to be stopped by those around him.

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“In his report, Mueller said his team declined to make a prosecutorial judgment on whether to charge Trump, partly because of a Justice Department legal opinion that said sitting presidents shouldn’t be indicted,” according to this detailed fact-check by The Associated Press, headlined “Trump falsely claims Mueller exonerated him.” The AP added that Mueller “deliberately drew no conclusions about whether he collected sufficient evidence to charge Trump with a crime. He merely said that if prosecutors want to charge Trump once he is out of office, they would have that ability because obstacles to indicting a sitting president would be gone.”

• Lacking crucial context. Berliner blasts NPR for failing to report on Hunter Biden’s laptop in the waning days of the 2020 campaign and for failing to come clean when it was later found to be genuine, writing: “The laptop did belong to Hunter Biden. Its contents revealed his connection to the corrupt world of multimillion-dollar influence peddling and its possible implications for his father.”

As proof, Berliner links to a Washington Post story that was published in March 2022 — that is, a year and a half after the New York Post published its initial story. That’s how long it took for The Washington to verify at least part of the hard drive’s content as genuine. The story notes: “The vast majority of the data — and most of the nearly 129,000 emails it contained — could not be verified by either of the two security experts who reviewed the data for The Post.” There’s also this:

Some other emails on the drive that have been the foundation for previous news reports could not be verified because the messages lacked verifiable cryptographic signatures. One such email was widely described as referring to Joe Biden as “the big guy” and suggesting the elder Biden would receive a cut of a business deal. One of the recipients of that email has vouched publicly for its authenticity but President Biden has denied being involved in any business arrangements.

In other words, The Washington Post was not able to find a single verified email tying President Biden to his son’s business dealings, leaving anything beyond that to the he-said/he-said that we already knew about.

In addition, Berliner makes it sounded like NPR was unique in holding back on the laptop story in October 2020. But as The New York Times reported, even the New York Post — which, after all, is part of Rupert Murdoch’s media empire — had trouble getting it out there. The reporter who wrote most of it refused to let the paper put his byline on it “because he had concerns over the article’s credibility.” Another staff member whose byline did appear did little work on the story and didn’t realize her name would be on it until after it was published.

Even worse, Fox News, Murdoch’s 800-pound gorilla, reportedly took a pass on it, according to Mediaite, because the Trump operative who brought it to them, Rudy Giuliani, could not provide “sourcing and veracity” for the emails.

Contrary to Berliner’s complaint, the restraint that NPR showed was no different from that of any other news organization — including Fox News. No more than a small portion of the emails on hard drive have ever been verified, and none of those emails suggest any wrongdoing on the part of President Biden.

• Questionable. Berliner takes NPR to task for accepting without reservation the theory that COVID-19’s origins were most likely from a wild animal market in Wuhan, China, rather than from a leak at a nearby lab, complaining that “politics were blotting out the curiosity and independence that ought to have been driving our work.”

Admittedly, this complaint by Berliner is more legitimate than his other two examples. More than four years after the virus was discovered, we still don’t fully understand its origins, and it’s a fact that the story got caught up in our toxic political environment. As I wrote for GBH News in June 2021, the media — in their haste to dismiss a right-wing conspiracy theory that COVID was created as part of a Chinese bioweapons program — leaned too hard in the other direction, rejecting any possibility that COVID had come from anywhere other than the Wuhan market.

That said, deep dives by the media over the past several years have turned up nothing definitive, and it still seems more likely than not that COVID sprang up from the market rather than from a lab experiment gone awry. Once again, I think Berliner is being too hard on his employer.

Which appears to be the point. By going public with his complaints about the culture inside NPR, Berliner may have accomplished the impossible: He’s made it so that his continued tenure at NPR is untenable while at the same time rendering himself unfirable. I detect a resignation and a fat contract with Fox News in Berliner’s immediate future.

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