Let Dzhokhar Tsarnaev fade away in prison

Martin Richard
Martin Richard

Now the real Boston Marathon trial can begin.

A federal jury’s decision to convict Dzhokhar Tsarnaev of 30 charges related to the 2013 Boston Marathon bombings was the most anticlimactic of anticlimaxes. The 21-year-old’s lawyers admitted from the beginning that their client had participated in the horrific terrorist attack, which both scarred and strengthened this city.

The outcome of this first phase may have been preordained, but nearly two years after the bombing, the trial has held Boston and the region in thrall — more so than I might have imagined. The case regularly lands on the front pages of our two daily newspapers, the Globe and the Herald, and often leads the local television newscasts. The Twitter feeds of reporters covering the trial are avidly followed.

We haven’t learned much new, although harrowing details about the deaths of the Tsarnaev brothers’ four victims have come out. More than anything, many people find something cathartic in seeing the seemingly insolent, unrepentant Tsarnaev being brought to justice.

The only issue to be decided is whether Tsarnaev should be executed. Which is why the second phase of his trial is the one that really matters. Was Tsarnaev so thoroughly under the sway of his radicalized older brother, Tamerlan, that he should be spared lethal injection? Or had this seemingly typical teenager transformed himself into a hardened jihadist who obsessed over al Qaeda propaganda such as the article “Make a bomb in the kitchen of your mom”?

What kind of justice should Tsarnaev receive? There is no death penalty in Massachusetts, and in September 2013, according to a Globe poll, 57% of respondents supported life in prison for Tsarnaev; just 33% said he should be executed.

By moving the case into federal court, U.S. Attorney General Eric Holder made it likely that Tsarnaev would receive the death penalty. Keep in mind that no members of the jury were deemed eligible to serve unless they stated beforehand that they were willing to consider putting Tsarnaev to death.

But imagine a different scenario in which Tsarnaev had been allowed to plead guilty in return for a life sentence. He would have been denied the public stage he has been granted; although he has not testified (so far), his terrorist actions have been replayed over and over again for people to see the world over.

The 2015 Boston Marathon will take place in less than two weeks, on Monday, April 20. Thousands of runners will clog the 26.2-mile route, and tens of thousands will cheer them on — as they did last year, proving to the world that we will not be intimidated. And Tsarnaev’s lawyers will still be fighting for their client’s life.

It is a natural if disturbing reaction to events like this that it’s easier to remember the names of the perpetrators than of their victims. But Dzhokhar Tsarnaev is a loser and a nobody. He should be allowed to fade away into the obscurity of a maximum-security prison cell. The people who deserve to be remembered are those he and his brother killed on Marathon Day — Martin Richard, Krystle Campbell and Lingzi Lu — and Sean Collier, the MIT police officer they executed in cold blood. It is they who should live on in our collective memories.

Personal photo by Lucia Brawley.

Originally published at CNN Opinion.

Why Murdoch could prove to be the savior of CNN

Rupert Murdoch at the 2009 World Economic Forum.
Rupert Murdoch at the 2009 World Economic Forum

Previously published at WGBHNews.org.

Could Rupert Murdoch turn out to be the savior of CNN?

Not directly, of course. After all, his Fox News Channel is a blight upon the civic landscape — a right-wing propaganda machine whose elderly viewers are, according to a 2012 Fairleigh Dickinson study, even less well-informed than people who watch no news at all.

Nevertheless, I felt my pulse quickening last week when I learned that Murdoch is trying to add Time Warner to his international media empire. Among Time Warner’s holdings is CNN. And according to The New York Times, Murdoch would sell the once-great news organization in order to appease federal antitrust regulators.

(Murdoch’s acquisition would not affect Time magazine, a diminished but still valuable news outlet: Time Warner recently set Time adrift after stripping it of most of its assets.Time’s future is far from secure, but at least Rupe won’t have a chance to put Fox News chief Roger Ailes in charge of it.)

As you no doubt already know, CNN in recent years has fallen into the abyss. When I Googled up its increasingly ironic slogan, “The Most Trusted Name in News,” I was taken to a page at CNN.com dating back to 2003, complete with photos of former CNN hosts such as Aaron Brown, Judy Woodruff and Larry King, the seldom-seen Christiane Amanpour and others who evoke a better, more substantive era.

These days, unfortunately, CNN is known mainly for its endless coverage of the missing Malaysian jetliner and for a series of embarrassing screw-ups, such as its misreporting of the Supreme Court’s decision on the Affordable Care Act in 2012 and its false report that a suspect had been arrested in the Boston Marathon bombing (to be fair, CNN was not alone on either mistake).

Then, too, there have been a series of mystifyingly bad hires, such as the talentless yipping Brit Piers Morgan to replace Larry King and the creepy Eliot Spitzer to cohost a talk show. Even solid choices like Jake Tapper seem to disappear once brought into the CNN fold. Of course, it’s hard not to disappear when your ratings are lower than those of Fox and MSNBC.

Is CNN worth saving? Absolutely. Its journalistic resources remain formidable. It’s still must-see TV when real news breaks, which certainly has been the case during the past week. Folks who are able to watch CNN International (I’m not among them) tell me it remains a good and serious news source. Anderson Cooper is among the more compelling figures in television news.

But domestically, and especially in prime time, CNN has utterly lost its way — starting at the top, with its self-congratulatory president, Jeff Zucker, who wants us to believe that everything is proceeding according to plan.

The time for a complete overhaul is long overdue. If Rupert Murdoch can help usher CNN into the hands of a new owner that might actually know what to do with it, then bring it on.

Photo (cc) by the World Economic Forum and published under a Creative Commons license. Some rights reserved.

Victim or villain? Times and Post analyze Bowe Bergdahl

Afghanistan Prisoner Swap
Bowe Bergdahl

Update: June 3. The Times and the Post change places today, with the Times running a story on Bergdahl’s dubious record in Afghanistan and the Post publishing an article on the problems Bergdahl may have re-integrating into his life in Idaho.

Is Bowe Bergdahl a victim or a villain? In their sidebars to the main story this morning, The New York Times and The Washington Post tell dramatically different tales about the Army sergeant, who was released by the Taliban in Afghanistan on Saturday after five years as a prisoner of war.

The Times’ story, headlined “Mentally, G.I. Has Long Path Back to Idaho,” by Mark Landler, is sympathetic to Bergdahl. Noting that the soldier was subjected to tremendous stress during his captivity, and possibly torture, Landler writes that Bergdahl will require a great deal of physical and psychological treatment in order for him to be able to reclaim his life. Landler:

It is not yet clear whether Sergeant Bergdahl was tortured by his captors, as were many prisoners of war in North Vietnam. But given the ruthless reputation of those who held him, experts said it was likely, at a minimum, that he faced unremitting fear.

Bergdahl may even have lost some of his ability to communicate in English after years of exposure to terrorists who spoke nothing but Pashto, former Times correspondent (and former captive) David Rohde is quoted as saying.

By contrast, the Post’s article, by Dan Lamothe and Kevin Sieff, focuses on the circumstances of Bergdahl’s disappearance in 2009, questioning whether Bergdahl deserted his unit (touched on only briefly by the Times) and if the subsequent search may have placed U.S. forces in danger (mentioned not at all by the Times).

In print, the Post’s headline is relatively mild: “Among some peers, resentment lingers.” The online version is a scorcher: “Mixed reaction to Bergdahl’s recovery by service members who consider him a deserter.”

Particularly rough is a quote from Javier Ortiz, a former Army medic who served in Iraq in 2003 and 2004. Ortiz tells the Post:

I had a responsibility while I was there to the guys I was with, and that’s why this hits the hardest. Regardless of what you learned while being there, we still have a responsibility to the men to our left and right. It’s terrible, what he did.

The Post also quotes from a long, pseudonymous comment posted below a profile of Bergdahl by the late Michael Hastings that was published in Rolling Stone in 2012.  The comment reads in part:

The Taliban knew that we were looking for him in high numbers and our movements were predictable. Because of Bergdahl, more men were out in danger, and more attacks on friendly camps and positions were conducted while we were out looking for him. His actions impacted the region more than anyone wants to admit.

The use of unverified comments on the Post’s part is extraordinary, as is its quoting from a series of tweets by @CodyFNfootball that went on in a similar vein following Bergdahl’s release. The Post justified it by saying:

The Washington Post contacted the individual running the Twitter account but received no reply. Like the Rolling Stone comment, however, the tweets included enough specifics about Bergdahl’s unit and location to be regarded as potentially credible by many discussing the case.

The comments, of course, were already widely available online, and they match up with other reporting by the Post. (They also match up with Hastings’ largely sympathetic profile of Bergdahl.) So I have no problem with the Post’s using them as long as everyone understands that they may not be what they seem to be.

As for which story we’ll be talking about more in the days to come, the edge has to go to the Post. The Obama administration was already facing criticism, as Jonathan Topaz reports in Politico, for cutting a deal with the Taliban to send five Guantánamo prisoners to Qatar in exchange for Bergdahl.

At the very least, the Post’s reporting (and not just the Post’s — see this, by CNN’s Jake Tapper, for example) raises serious questions that demand answers.

Net neutrality and the future of journalism

This article was originally published by the media-reform organization Free Press and is posted here by permission. Josh Stearns is the journalism and public media campaign director for Free Press. You can follow him on Twitter at @jcstearns.

Josh portraitBy Josh Stearns

Tuesday’s court decision, which struck down the FCC’s open Internet order and threatened the future of net neutrality, has huge implications for the future of journalism and press freedom.

According to the Pew Research Center, half of all Americans now cite the Internet as their “main source for national and international news.” For young people the number is 71 percent. While we are nowhere near stopping the presses or tearing down the broadcast towers, the Internet is increasing how we distribute and consume the news today.

The future of journalism is bound up in the future of the Internet.

That is why net neutrality is so important and why the court decision this week should worry digital journalists and publishers. For newsrooms the decision means that a company like AT&T or Verizon could decide where their users can go for news and what stories get buried or blocked online. Verizon could strike a deal with CNN and hamper their users’ ability to access alternative news sources. Comcast could slow access to Al Jazeera, because it wants to promote its NBC news offerings.*

That’s why, in 2010, U.S. Sen. Al Franken argued that “net neutrality is the First Amendment issue of our time.”

No journalist or publisher should be held hostage by the commercial or political whims of an Internet service provider. In the end, however, the biggest media companies aren’t likely worried about this court decision. As Stacey Higginbotham wrote:

In many ways this will be a win for the large content companies such as Disney or Viacom. Yes, they might have to pay for prioritization on the broadband networks, but they have deep pockets and such a move would help them ensure their content continues to reach consumer eyeballs as the television industry fragments online. It’s possible we could see the emergence of a pay TV bundle of content that is either exempt from caps or just delivered with pristine quality while YouTube videos sputter.

But it is not just sputtering YouTube videos we need to worry about. It is people’s ability to access the independent journalism and diverse voices, which have thrived on the Web.

In 2009 a coalition of nearly 50 online journalism innovators sent a letter to the FCC, calling on the commissioners to protect the open Internet. “Net Neutrality ensures that innovative local news websites and national nonprofit reporting projects can be accessed just as easily as legacy media sites,” they wrote. “Net Neutrality encourages journalists to pioneer new tools and modes of reporting and lowers the bar for citizens to participate.”

Net neutrality is about creating a level playing field for all voices.

In an ironic twist, when it argued against net neutrality at the federal appeals court, Verizon claimed it actually had a First Amendment right to block and censor Internet users. And while the court largely ignored Verizon’s First Amendment claims, its ultimate decision essentially gave Verizon the green light begin “editing” the Internet.

As more and more news and information moves online, we need to ensure that the flow of online information is free and unencumbered. Traditional battles over press freedom are critical, as the recent Committee to Protect Journalists report so clearly showed, but today we also have to understand that keeping the Internet free goes hand in hand with keeping the press free.

The court decision this week is bad news for the Internet and for independent media, but it is not the last word in this debate.

The Federal Communications Commission can reclassify broadband as what it is: the fundamental communications infrastructure of our time. That simple action would re-establish its legal authority and ensure that its can protect consumers and journalists from online discrimination. Protecting freedom of the press can’t stop online.

* Because of the conditions placed on their deal to buy NBC in 2011, Comcast has to abide by net neutrality principles until 2018 regardless of this court case.

The problem is the reliance on anonymous sources

On Wednesday afternoon, as the media were having a nervous breakdown over the bombing suspect who was/was not in custody, I received a private message over Twitter from a friend who’s a longtime newspaper reporter:

They were saying they had multiple sources. You know what the problem is, they don’t name their sources. If you had no anonymous sources, then whoever gave them the information would be on the hook. Only in extreme cases do we use anonymous sources!

Leaving aside the obvious fact that this really is an extreme case, my friend is exactly right. Every time there’s a huge breaking news story, it seems, news organizations report developments that turn out to be wrong — and that were based on anonymous law-enforcement sources.

Maybe that could be justified a generation ago, when such leaks were used to develop reliable stories. But now the pressure to publish/broadcast/tweet immediately is so overwhelming that a bombshell from an anonymous source leads not to more reporting but, rather, to an immediate, breathless update.

CNN got most of the attention on Wednesday, and, as a repeat offender, it really ought to be more careful. The Associated Press got it wrong, too, and that matters because editors generally don’t double-check the AP — they’re paying for the service, after all, and the AP is treated as an extension of their own newsrooms.

The Boston Globe, the Boston Herald and local TV and radio stations got it wrong, too. The Herald has a useful timeline on page 4 today. I couldn’t find it on the paper’s website, but I’ll add a link if someone has it.

So was the source or sources normally reliable, which is the argument we’re hearing from some of those who got burned? I think that’s the wrong question. It’s the reliance on anonymous sources that’s the problem, not whether those sources were right or wrong. That may be the way it’s always been done. But if Wednesday didn’t prove that there’s something wrong with the old model, then what will?

Washington Post media blogger Erik Wemple has a good take on what happened Wednesday, including the full text of the FBI smackdown. At Poynter, Andrew Beaujon and Mallary Jean Tenore put together a Storify that tracks how the initial news and the embarrassing walkback played out on Twitter.

Our “greatest day” turns to horror

When Northeastern journalism student Taylor Dobbs heard the explosions, he writes, “I grabbed my camera and ran out the door.” For more of Dobbs’ photos, please click here. (Published with permission.)

I was going through my Twitter feed Monday morning when I came across this: “Happy greatest day of the year, #Boston!” And so it is. Or was, until about 2:50 p.m., when explosions near the finish line of the Boston Marathon transformed a celebration into a scene of carnage.

What matters now, needless to say, are the victims — the dead, the injured and their families and friends. But if you are looking for some insight into Boston at this horrible moment, it helps to understand why our marathon matters and where it fits into our civic psyche. Why it was, until Monday, our greatest day of the year.

Read the rest at CNN.com.

Media Nation’s top 10 posts of 2012

be02f758328311e2b55612313804a1b1_7Work-force reductions at The Boston Globe. The end of WFNX as an over-the-air radio station. “Local” news from the Philippines. Possible bankruptcy at GateHouse Media.

These were a few of the top 10 Media Nation posts of 2012 as determined by Google Analytics and WordPress’ own internal statistics.

Most people who read Media Nation come in via the home page, which means that any notion of a “top 10” is dubious. Usually it means that a particular post got retweeted a lot on Twitter or was linked to by a popular media website such as JimRomenesko.com.

But the list isn’t entirely without meaning — and one takeaway for me is that Media Nation’s role as an aggregator and a curator may be its most important. I’ll keep that in mind in the year ahead.

Here is my top 10 for 2012.

1. The Boston Globe keeps on shrinking (July 23). Despite some encouraging signs in the form of rising digital-subscription numbers and a continued commitment to first-rate journalism, The Boston Globe, like nearly all daily newspapers, continues to struggle financially. Last summer Media Nation obtained a memo from Globe publisher Christopher Mayer announcing another wave of downsizing at the Globe and its sister paper, the Telegram & Gazette of Worcester.

2. Donna Halper on the future of radio (May 17). Friend of Media Nation Donna Halper was kind enough to write a guest commentary, and her post turned out to be the second most popular of 2012. Halper wrote following an announcement by the Phoenix Media/Communications Group that it would sell WFNX’s broadcast frequency, 101.7 FM, to Clear Channel. Fortunately for local music fans, by the end of 2012 WFNX and the Globe’s RadioBDC were engaged in a spirited competition of online-only local music stations — the real future of radio.

3. Long-distance “local” journalism (July 5). The public radio program “This American Life” and the journalist Anna Tarkov reported extensively on Journatic, which helps community newspapers cuts costs by outsourcing some of their local coverage. At its worst, news was being compiled by underpaid Filipino workers writing under fake bylines. Dubbed “pink slime” journalism by one former practitioner, Journatic underscored what debt-ridden corporate chains will do to survive — and thus demonstrated the importance of independent local journalism.

4. And Joe Scarborough thinks “Morning Joe” is awesome (Jan. 1). A full-page ad in The New York Times for the wretched MSNBC program “Morning Joe” started the gears whirring when I noticed one of its celebrity endorsers was Tom Brokaw. Who, uh, appears on “Morning Joe.” I got to work, and soon found that Politico, which was quoted as praising the program, had an undisclosed partnership. The ad even stooped to using seemingly positive quotes from two reviewers who actually didn’t like it much at all. Disingenuous, to say the least.

5. More bad news for GateHouse Media (March 19). By now it’s not exactly news when executives at GateHouse Media, struggling with $1.2 billion in debt, pay themselves handsome bonuses. (Nor is that unusual at newspaper companies.) In 2012, though, there was a wrinkle at the chain, which owns some 100 community newspapers in Eastern Massachusetts. Jack Sullivan of CommonWealth Magazine paged through the company’s financial disclosures and discovered that officials were openly raising the possibility of a bankruptcy filing.

6. David Gregory debates himself (Oct. 1). The host of “Meet the Press” was brought in to moderate the second televised debate between Republican Sen. Scott Brown and his Democratic opponent, Elizabeth Warren. Unfortunately, it was all about David Gregory. Good thing the candidates were forced to weigh in on whether Bobby Valentine deserved a second year as Red Sox manager. Warren blew the question but won the election.

7. From Newtown, a plea for media restraint (Dec. 17). I republished an open letter from John Voket, associate editor of The Newtown Bee, to his colleagues at the New England Newspaper & Press Association following the massacre at Sandy Hook Elementary School. Voket wrote about “reporters and media crews invading the yards and space of grieving survivors, school staff and responders,” and asked editors “to remind your correspondents that most are still requesting to be left alone.” A heartfelt message from ground zero.

8. Calling foul on politicians who lie (Aug. 30). It would be hard to come up with a more falsehood-laden performance than U.S. Rep. Paul Ryan’s speech at the Republican National Convention. Ryan’s lies prompted me to wonder how far the balance-obsessed media would be willing to go in labeling them for what they were.

9. At CNN, getting it first and getting it wrong (June 28). My instant reaction to CNN’s false report that the U.S. Supreme Court had overturned the individual mandate in the Affordable Care Act. At least CNN executives flogged themselves in the public square. As we later learned, Fox News made the same mistake — and refused to apologize.

10. An unconscionable vote against the disabled (Dec. 5). My reaction to Senate Republicans’ rejection of a United Nations treaty on the rights of the disabled — a treaty modeled after the Americans with Disabilities Act, championed by President George H.W. Bush, a Republican.

Ghosts of 2011. Oddly enough, the single most popular post of 2012 was one I wrote in 2011 — a fairly terse item on Jay Severin’s return to the Boston airwaves, a comeback that proved to be brief. As I wrote last year, I’ve put up several Severin posts that have generated huge traffic, and I have no idea why.

New York Times repeats a $5 trillion falsehood

This is pretty bad. In a profile of Stephanie Cutter, President Obama’s deputy campaign manager, the New York Times repeats a demonstrably false allegation advanced by Paul Ryan and others. Times reporter Amy Chozick writes:

Ms. Cutter doesn’t always stick to the talking points. In a recent CNN interview, she said Mr. Romney’s tax cuts “stipulated, it won’t be near $5 trillion,” as the Obama campaign had earlier claimed. The gaffe became fodder for a Romney attack ad three days later and was raised by Representative Paul D. Ryan in the vice-presidential debate on Thursday night.

Chozick links to the transcript of Cutter’s exchange with CNN’s Erin Burnett, but apparently she didn’t bother to read it; the headline, “Cutter Concedes $5 Trillion Attack on Romney Is Not True,” is simply wrong. Because here’s what Cutter actually said: the tax cut could be a lot less than $5 trillion if Romney closes loopholes and ends deductions; but Romney hasn’t specified any; therefore, yes, it’s a $5 trillion tax cut.

“The math does not work with what they’re saying,” Cutter told Burnett. “And they won’t name those deductions, not a single deduction that they will close because they know that is bad for their politics…. Last night, he [Romney] walked away from it, said he didn’t have a $5 trillion tax cut. He does.”

I wrote about this last week for the Huffington Post.

Will heads roll after CNN meltdown? Should they?

Three quick items on the Supreme Court’s decision to (mostly) uphold the Affordable Care Act:

1. I was watching CNN while waiting for the ruling in the mistaken belief that the other cable nets would only be worse. I must admit, listening to Wolf Blitzer and John King trying to backtrack from their whopper made for riveting television. Will heads roll? Should they? People make mistakes, but good grief.

2. Wish I could remember who wrote this, but yesterday I read an analysis that attempted to prove Justice Anthony Kennedy would vote against the individual mandate. So far, so good. But the writer went on to argue that since it was unimaginable Chief Justice John Roberts would come out on Kennedy’s left, that was the end of Obamacare. Personally, I think Roberts looked into the abyss and saw there was no bottom.

3. I thought this was a good time to recycle what I wrote about garcinia cambogia extract for the Guardian after the ACA was approved in 2010. The law isn’t perfect, but it’s an enormous improvement over the status quo. It was — and is — a BFD.

Image via JimRomenesko.com.

What’s next in the cable news wars

Rachel Maddow

Three quick hits on the continued fallout over Keith Olbermann’s departure from MSNBC:

1. It looks like MSNBC’s response has been to give promotions to everyone rather than consider what might work best. The network is feeding Lawrence O’Donnell to the wolf (i.e., Fox News’ Bill O’Reilly) at 8 p.m. And Ed Schultz at 10? Really? Aren’t all his viewers in bed by then?

If I were MSNBC honcho Phil Griffin, I’d move Chris Matthews to 8. Matthews is much maligned (I’ve maligned him myself), but he’s still weirdly compelling after all these years. His energy and passion are likely to hold Olbermann’s losses to a minimum. Let Schultz have the 7 o’clock hour and see what he can do with it.

I agree with Griffin’s decision to keep Rachel Maddow at 9. I realize she would do better against O’Reilly than anyone else, but she’s now the franchise, and protecting the franchise is important. If her ratings were to drop below Olbermann’s, it would demoralize the whole operation. And I’d keep O’Donnell at 10, too.

2. CNN, which has slipped behind MSNBC in the prime-time ratings, has an opportunity to take advantage of the Olbermann mess. I’ll confess I haven’t seen Piers Morgan’s new talk show yet, but the clips look very promising — a huge step up from Larry King.

I’ve always liked Anderson Cooper better than “Anderson Cooper 360.” Whatever’s wrong with the show can be fixed. And here’s what’s wrong: inconsistency (you never know whether you’re going to get a solid newscast or tabloid trash) and the two-hour length, which has led CNN to use much of the 10 o’clock hour to flog what’s coming at 11.

The solutions are fairly simple. Cut the newscast to an hour, rebroadcasting Piers Morgan at 11; and up the intelligence quotient.

CNN executives will still need to deal with the toxic-waste pit that is “Parker Spitzer” at 8. I’d move John King’s politically oriented newscast to that slot and cross my fingers.

3. Barring any unexpected bombshells, Bill Carter and Brian Stelter’s take on why Olbermann left seems pretty definitive. But though Comcast, the incoming owner of NBC Universal, appears to have its corporate hands clean, my expectation is that at some point the company will blow up MSNBC.

Maybe it will happen soon. Maybe it won’t happen until Comcast wants to curry favor with a new Republican administration in the White House. But it will happen.

Photo via Wikimedia Commons.