Author: Dan Kennedy

The Trump indictment shows once again why we owe Mike Pence a debt of gratitude

Mike Pence. Photo (cc) 2016 by Gage Skidmore.

There is no shortage of commentary about the indictment of Donald Trump on charges that he tried to overturn the 2020 election. So I want to spend a few moments taking a look at Mike Pence. In reading the 45-page indictment last night I was struck, once again, at how decently and courageously Pence acted when faced with the greatest challenge of his public life.

I can’t understand why liberals and conservatives are so reluctant to give him any credit, blowing past his actions on Jan. 6, 2021, and focusing instead on his previous eight four* years as an obsequious Trump toady and his status as a theocratic right-wing extremist. That’s fine. He deserves that criticism. But before and during the insurrection, Pence acted with moral courage, telling Trump repeatedly that he would follow the Constitution by certifying Joe Biden’s victory, and with physical courage, refusing to flinch after Trump whipped up an enraged mob that surely would have killed him if given the opportunity.

“You’re too honest,” Trump reportedly told Pence on Jan. 1 after learning that Pence would not reject or return to the states electoral votes that had been properly cast.

If you’re not inclined to give Pence his due, think about what would have happened if he’d gone along with Trump’s corrupt scheming and Trump had attempted to remain in office. As one administration official is quoted as saying, there would be “riots in every major city in the United States.” To which Co-Conspirator 4 (identified as Justice Department official Jeffrey Clark) is said to have replied, “Well, that’s why there’s an Insurrection Act.” And there you have it: Troops in the streets, gunning down members of the public in order to keep Trump in office.

We all owe Mike Pence a debt of gratitude.

• We are already hearing a lot of misguided commentary that special counsel Jack Smith will need to prove that Trump knew he was lying about the outcome of the election in order to show that Trump committed the crimes with which he has been charged. For instance, David French of The New York Times, an anti-Trump conservative and lawyer whose analysis I have come to rely on, nevertheless gets it wrong when he writes:

There’s little doubt that Trump conspired to interfere with or obstruct the transfer of power after the 2020 election. But to prevail in the case, the government has to prove that he possessed an intent to defraud or to make false statements. In other words, if you were to urge a government official to overturn election results based on a good faith belief that serious fraud had altered the results, you would not be violating the law. Instead, you’d be exercising your First Amendment rights.

I don’t think that’s right. Regardless of whether Trump believed he’d been a victim of voter fraud, it’s indisputable that he knew Biden had been declared the winner. Trump’s beliefs did not give him the right to put together slates of fake electors, which the indictment devastatingly describes as morphing from a semi-legitimate contingency plan into a flat-out attempt to dislodge the real electors. And it surely did not give him the right to foment a violent insurrection.

In any case, the indictment is full of evidence that Trump was told over and over, by his own officials, that he had lost the election, and that he continued to lie about it publicly. Even if French is right, I don’t think Trump’s state of mind should pose much of an obstacle.

• Did Rudy Giuliani, a.k.a. Co-Conspirator 1, sing like a canary or what?

• We need to understand what we’re living through. The president of the United States staged a violent insurrection with the aim of staging a coup in order to remain in office, and, if the polls are to be believed, about 43% of voters would still like to return him to that office. Tuesday was an important day for accountability, but this country remains on the brink of falling into right-wing authoritarianism. None of us know whether we’re going to get through this or not. God help us all.

*Correction: It only felt like eight.

The Mystic Valley Charter School, winner of a 2017 Muzzle, is back to its old tricks

Attorney General Andrea Campbell. Photo (cc) 2022 by Dan Kennedy.

The Mystic Valley Regional Charter School — recipient of one of the all-time most outrageous New England Muzzle Awards back in 2017 — is in trouble once again, this time for its insistence on conducting the public’s business behind closed doors. Adam Gaffin of Universal Hub reports that state Attorney General Andrea Campbell’s office has asked a judge to order that the taxpayer-funded school produce public documents it has refused to hand over despite requests at the local level as well as repeated demands by Secretary of State Bill Galvin.

🗽The New England Muzzles🗽

School officials claim they do not have to comply because Mystic Valley, based in Malden, doesn’t meet the definition of a “public school,” even though state law specifically describes charter schools as such. In any case, they say they won’t produce the records until a judge orders them to do so, notwithstanding the fact that the state public records law empowers the secretary of state to enforce the law.

The records, sought by Malden News Network, a local journalism outlet; Commonwealth Transparency, an advocacy group; and Malden mayoral candidate Lissette Alvarado cover a wide range of issues, including payroll, contracts, conflicts of interest, accountings of school income, copies of emails, and documents regarding Boston Globe stories about the school.

Now, to get back to that 2017 Muzzle Award from GBH News. During the 2016-’17 school year, Mystic Valley administrators began enforcing a dress-code prohibition against hair extensions, worn most often by Black female students. After parents complained about the clearly racist policy, school officials doubled down, leading to reporting by The Boston Globe and other news organizations. Yet the school refused to back down until then-Attorney General Maura Healey intervened.

That stiff-necked refusal to acknowledge its own wrongdoing obviously hasn’t changed over the years. When a judge finally orders the school to produce public documents, it will be interesting to see whether Mystic Valley complies — or if, instead, its administrators decide the judge somehow improperly claimed jurisdiction, or was wearing the wrong-colored robe or something.

If you want to read the full complaint, Adam’s posted it at the link above. The Boston Globe reports on Campbell’s lawsuit here. And Malden News Network has posted an item on its Facebook page.

Former Globe editor Matt Storin looks back 50 years after a horrific plane crash

Fifty years ago Monday, a Delta airliner crashed at Logan Airport, killing 88 of the 89 people on board; the only survivor died several months later. The Boston Globe reports on how the families of the victims are getting by those years later. Below is an email I received from former Globe editor Matt Storin on what it was like to cover those tragic events — and how the accident and its aftermath changed the rules of media access.

I was city editor at the time and when we learned of the crash, we of course scrambled everyone available. Some reporters were dispatched to hospitals (to no avail, since there was only one survivor that day), and others were sent to Logan. We even looked into chartering a boat to have [photographer] Bill Brett arrive by crossing the bay. But this wasn’t necessary. Unlike any other airline tragedy I’ve seen covered, there was no attempt by Logan officials to secure the crash site from the press. Our photographers got ON THE RUNWAY even as first responders were working. You wouldn’t believe some of the photos, bodies shown still in their seats (as I recall there were no signs of injuries from fire). Of course we didn’t publish those, but the ones we did publish were shot from short distances. I noted that today’s Globe story did not include a photo of the Aug. 1 morning paper. I wondered if there was a feeling that the photos would be too painful even at this late date.

I thought we did a good job of coverage. John Burke came in from the North Shore and assembled his team of suburban correspondents. They worked diligently through the late afternoon and early evening to get the list of victims with, where possible, bio information. To this day I’ve never forgotten what they accomplished on deadline. But to give you an example of how close our reporters got, I received a call on the city desk that evening from someone at the Pentagon. One of the deceased had been a Navy intelligence officer traveling with classified documents. They somehow knew that one of these documents had been picked up by Frank Mahoney, one of our reporters on the scene. Frank had not mentioned anything to us about this. When I called him at home, he confirmed that he had the document. I believe we got it into the right hands the next morning. I never inquired about what was on it. Under the circumstances, especially since we should have reported the find to the authorities, I decided not to draw any further attention to what happened.

As memory serves from half a century ago, I believe that within weeks Logan Airport advised news media of new guidelines for covering any incidents at the airport. Reporters and photographers were advised they should report to a media center in one of the terminals.

This is probably of little interest today, but today’s story brought back memories…. I’m not sure what happened to those shocking photos but I have a vague recollection of ordering that they be destroyed. In light of the lawsuit in the Kobe Bryant case, that would have been prudent.

The Boston Globe announces it will seek to fill a void by hiring a media reporter

The Boston Globe is hiring a media reporter, a position that has gone vacant for many years. It sounds like a great job, though so broad you have to wonder who could possibly keep up with so much:

Part tech beat, part culture writing, part buzzy local scoops, this job calls for a journalist who’s eager and able to explore the many ways that media shapes modern life, in Boston and beyond. They will cover our region’s advertising and publishing industries and keep an eye on the bold-faced names of local TV, yes. But they’ll also dive into the endless evolution of social media, debates over digital privacy, and the roiling challenges of misinformation in all its forms, from Twitter and Threads to TikTok and new platforms using artificial intelligence.

The Globe has not had a full-time media reporter since Mark Jurkowitz, who left in 2005 and took over the media column at The Boston Phoenix after I left for Northeastern. Mark, who had also been my predecessor at the Phoenix, is now at the Pew Research Center.

This is good news, as we really have a dearth of media reporting in Boston. That dearth has been especially acute since GBH-TV canceled “Beat the Press with Emily Rooney” in the summer of 2021, but there really hasn’t been much in terms of in-depth reporting since the Phoenix closed in 2013. The Globe has taken a couple of stabs at it but did not make a full commitment until now.

The Portland Phoenix, revived in 2019, makes its final flight

Media Nation is back. It’s not quite where I want it to be yet, but it’s good enough to resume posting. Look for more improvements in the days to come.

Unfortunately, I’m here to report some sad news. The Portland Phoenix, the last of the Phoenix newspapers where I worked for many years, has ceased publication. Editor Marian McCue’s farewell editorial begins:

It was easy to have a sense of optimism in the spring of 2019. It was a different time, when former Forecaster publisher Karen Wood and I hatched a plan to launch a new version of the Portland Phoenix, which had folded in February of that year. We wanted to build a strong and independent news alternative to the media monopoly that controlled the Press Herald and many of Maine’s newspapers.

Our timing was not great. Five months after the launch, the pandemic struck with a vengeance. Few alive had seen such a cataclysmic event, much was unknown and everybody was fearful. The advertising relationships we had suddenly vanished. We tried to keep going, but the advertising was not there.

The flagship Boston Phoenix closed in 2013. At one time there were Phoenix papers in Providence, Portland, Worcester as well as Stuff magazine, Stuff@Nite and an alternative rock radio station, WFNX. The Portland Phoenix staggered on under new ownership until 2019, and was then relaunched by McCue and Wood. The new Portland Phoenix was redesigned and built a reputation for quality journalism. In the end, it wasn’t enough.

I hope someone else will give it a try. Portland is a medium-size, semi-isolated city with a strong arts community — exactly the sort of place where an alt-weekly can still find a niche. And let’s not forget that Portland recently got some very good news, as the state’s largest daily, the Portland Press Herald, and most of its affiliated papers will be acquired by the nonprofit National Trust for Local News.

Threads hits a speed bump

Mark Zuckerberg may soon have reason to regret pushing Threads out the door before it was ready. Lindsey Choo reports for The Wall Street Journal (free link, I think; apologies if it doesn’t work) that user engagement has fallen by 70% since its July 7 peak.

No doubt Zuckerberg wanted to take advantage of Elon Musk’s Fourth of July weekend freakout, when he limited the number of posts you could read on Twitter (especially if you weren’t a paid subscriber), cut off access to individual tweets for non-members (thus blowing up our news feed at What Works), and killed off classic TweetDeck in favor of a new, lesser update.

But Threads is frustrating to use. The biggest problem is that you can only access it on a mobile device. Also missing: a reverse-chrono tab of accounts you follow, thus clogging up your feed with brands and celebrities you don’t care about, as well as no lists and no hashtags.

Mastodon has been my first stop since Musk took over Twitter last fall, but its decentralized nature presents problems of its own. It’s difficult to find what you’re looking for, there are parts of the unfortunately named Fediverse that are invisible to you, and most of the people and accounts I need to follow just aren’t there. Bluesky is still invitation-only and has had problems of its own.

I realize this is of little interest to most people, but for those of us whose work depends on social media to some degree, it’s been an interesting — and frustrating — nine months.

A new bill would boost local news with tax credits for advertisers and publishers

The U.S. Capitol. Photo (cc) 2013 by Mark Fischer.

I’ve written quite a bit here about the possibility of government assistance for local news. Though it’s not an idea I’m enthusiastic about, I think the indirect assistance laid out in the Local Journalism Sustainability Act is worth trying. The LJSA, which would provide tax credits for subscribers (or donors), advertisers and publishers, died at the end of the last congressional session despite having some bipartisan support.

Now a new, similar measure has surfaced. The Community News and Small Business Support Act would create five years’ worth of tax credits for advertisers and publishers, but not for subscribers. The bill is being sponsored by Rep. Claudia Tenney, R-N.Y., and co-sponsored by Suzan DelBene, D-Wash. The trade publication Editor & Publisher has gone all out in covering the story, and I emailed a few of my thoughts to E&P’s Gretchen Peck.

As I told Peck, the new bill, like the LJSA, is worth supporting for two reasons: the tax credits are indirect enough not to interfere with the independence that news organizations need to hold government to account; and the publishers’ tax credit for hiring and retaining journalists gives even the giant chain owners like Gannett and Alden Global Capital some incentive to do the right thing.

That said, it’s hard to imagine the bill emerging intact from a House that just this week featured Rep. Marjorie Taylor Greene waving around revenge porn starring Hunter Biden and Robert F. Kennedy Jr., indulged by the Republican leadership, denying that he made the antisemitic and racist comments we had all heard him make.

Steven Waldman, president of the Rebuild Local News coalition, has written an op-ed for E&P endorsing the Tenney-DelBene bill and hailing its emphasis on local news outlets and advertisers. “This will directly help the small businesses, many of which had to cut back on their marketing spending because of COVID and then inflation, to get customers in the doors,” Waldman writes. “It makes sense because saving local news should not be about saving journalism jobs per se. It should be about strengthening communities.”

The bill is also far better than the misguided Journalism Competition and Preservation Act, which would extract revenues from Google and Facebook as compensation for the news content they repurpose.

There is no substitute for news entrepreneurs on the ground, for-profit and nonprofit, doing the hard work of building sustainable local news organizations. But a little bit of indirect assistance from the government wouldn’t hurt.