The Trump indictment is gratifying, yet it underscores some sickening truths

As gratified as I am that Donald Trump is being held to account for his reprehensible behavior, I find that Friday’s developments have left me sad as well. There are three reasons for this.

First, the alleged crimes documented by special prosecutor Jack Smith are so much worse than we had been expecting. Nuclear secrets? Plans for invading an unnamed country, probably Iran? If Trump wasn’t actively sharing these documents with our enemies, he was nevertheless storing them with shocking disregard for who might go looking for them. We have to assume that Mar-a-Lago was crawling with spies.

Then there is his massive hubris and stupidity. All of the charges, without exception, stem from documents he held onto after he was given a chance to return them. One commentator — I forget who — referred to this as a “get out of jail” gift that he nevertheless spurned. Just incredible.

Second, there is the dispiriting fact that there is literally no bottom for Republican elected officials in defending Trump. The top two elected officials in the House, Speaker Kevin McCarthy and Majority Leader Steve Scalise, have both attacked law enforcement and stood by Trump, denouncing the “weaponization” of the Department of Justice and the FBI. So, too, has Florida Gov. Ron DeSantis, who is so far the only plausible Trump rival for the 2024 presidential nomination. A pardon looms if a Republican — maybe even Trump — defeats President Biden.

Third, there is the reality (or Reality, if you prefer) that the crimes with which Trump has been charged would land any ordinary person in prison for a very long time if they were convicted — and yet the prospect of Trump’s ending up behind bars in the event of a guilty verdict seems unlikely in the extreme.

If Trump is convicted of what he’s been charged with, he should spend the rest of his life in federal custody. Does anyone really expect to see that? No, of course not. And thus our two-track system of justice — one for the rich and powerful, one for everyone else — will continue unchallenged.

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:

Congratulations, CNN. You let Donald Trump put a police officer’s life in danger.

Photo (cc) 2016 by Gage Skidmore

If you’re so inclined, you can sift through mounds of commentary on CNN’s alleged news event Wednesday night with Donald Trump. Tom Jones of Poynter has a solid account here. I thought beforehand that it would be terrible, but it was even worse than that.

If you saw it, or if you’ve just read about it, you know that the hall was filled with MAGA types who cheered Trump’s every utterance, whether it was his support of the Jan. 6 insurrectionists or his dismissal of E. Jean Carroll as a “whack job.” Carroll just won a $5 million jury verdict against Trump for sexually attacking her and for libel.

CNN moderator Kaitlan Collins was well-prepared and tried the best she could to hold Trump to account. Predictably, though, he shouted over her, spewing lies at such a rapid clip that she could only latch onto a few of them in an attempt to push back. It was a disgraceful night for CNN, and president Chris Licht ought to be fired. Then again, he was only doing what his corporate overlords want, and he seems quite pleased with himself today.

I do want to zero in on one moment. When Collins pointed out that people died on Jan. 6, Trump immediately cited Ashli Babbitt, an insurrectionist who was fatally shot by a Capitol police officer. Trump denounced Lt. Michael Byrd, who’s Black, as a “thug,” and by injecting him to the proceedings unbidden, he put the officer’s life and safety in danger at the hands of deranged right-wingers and white supremacists. Byrd told NBC News in 2021 that he’d gone into hiding. If he has since been able to resume his normal life to some degree, Trump has now shattered that.

America was served very well by what we did last night,” Licht told his staff after the event, according to tweets by Brian Stelter, the network’s media reporter until Licht fired him. No we weren’t, and CNN’s current media reporter, Oliver Darcy, said so in his morning newsletter, writing, “It’s hard to see how America was served by the spectacle of lies that aired on CNN Wednesday evening.”

Landmark case? In fact, Dominion’s libel suit against Fox News is pretty simple

White van labeled Fox News Channel
Photo (cc) 2011 by (vincent desjardins)

We’ve been told many times that the Dominion voting machine libel suit against Fox News could be a “landmark case.” I want to push back against that.

If Fox wins, then yes, it will be a landmark case, but that particular outcome seems unimaginable. That’s because we know from Fox’s own internal communications that top executives and hosts knew they were lying when they repeated the claims advanced by Donald Trump and his minions that Dominion’s machines stole votes from Trump and awarded them to Joe Biden.

In order to show libel, a plaintiff must prove that a media outlet published or broadcast false, defamatory statements about them. The Supreme Court’s 1964 Times v. Sullivan case added a third element for public officials who wish to win a libel suit: “actual malice,” which is defined as a knowing falsehood or reckless disregard for the truth. Several years later, the actual malice standard was extended to public figures, including a corporation such as Fox.

This really shouldn’t be difficult. In the unlikely event that Fox wins, it would mean that actual malice as a legal concept no longer exists. In reality, Dominion v. Fox is a pretty ordinary case in the sense that it presents no new issues at all. Fox defamed Dominion with false claims and, in private conversations, admitted that they were lying. The network’s defense will be that it was merely reporting newsworthy statements — but it didn’t just report them, it promoted them, and its hosts agreed with them on the air.

It is, in a way, the flip side of Sarah Palin’s 2022 libel case against The New York Times, when it was obvious to any observer that the Times had simply made a careless error in claiming that the man who shot then-congresswoman Gabby Giffords and several others had been incited by a map put together by Palin’s policial action committee showing gunsights over several congressional districts, including Giffords’. In fact, there was no evidence that the mentally ill shooter was even aware of such a map. There was no actual malice, and Palin lost.

It’s hard to imagine that any combination of money awarded to Dominion as well as punitive damages will add up to any more than a rounding error for Fox. What I’d really like to see is for the jury to require Fox to apologize in prime time, over and over, for lying to its viewers. How about nothing but apologies for a week? Now, that would be some must-see TV.

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A remarkable set of front pages mark Trump’s day in a New York courtroom

Tuesday was, as we keep being told, historic. We don’t know what will happen to Donald Trump next, and he may be faced with more serious charges in Georgia and Washington. These front pages, though, tell quite a story about the former president’s arraignment on felony charges in New York. (From the Freedom Forum’s indispensable Today’s Front Pages website.)

Some smart analysis by a conservative lawyer-pundit on what’s next for Trump

Photo (cc) 2016 by Gage Skidmore

After months — years? — of anticipation, Donald Trump has reportedly been indicted (free link) by the Manhattan district attorney’s office on criminal charges that he paid off a porn star he’d had sex with in order to buy her silence ahead of the 2016 election. Hey, it could happen to anyone, right?

I don’t really have anything to add to the mountains of commentary that’s going to come our way. But I do want to recommend this recent edition of “The Ezra Klein Show.” The guest was Times columnist David French, an anti-Trump conservative of long standing who also happens to be a pretty sharp lawyer.

As French explained it, Trump faces criminal exposure on three fronts. The Stormy Daniels case is actually the weakest because it rests on some rather esoteric and unproven legal theories. I’m not going to get into it, but French’s explanation was clear and compelling.

The strongest of the three cases is that Trump corruptly tried to interfere with the 2020 vote count in Georgia, not just pushing Republican officials to overturn the results but threatening them if they refused. French is of the view that this one is close to a slam-dunk, as Trump was caught breaking the law on audio recordings.

Finally, there are whatever federal charges may come out of Trump’s actions during and before the attempted insurrection of Jan. 6 — seeking to overturn the election, putting Mike Pence’s life in danger and inciting a mob to violence. French seems to think that the case is reasonably strong but may prove too complicated when it’s put before a jury.

Also, I like to joke with my students about my Unified Richard Nixon Theory of Everything. Well, the Times is observing that Trump would be the first former president to face criminal charges. True — but that’s only because Gerald Ford pardoned Nixon before he could be indicted.

How a former top news executive helped cover up the Reagan campaign’s misdeeds

Tom Johnson, the former top executive at the Los Angeles Times and CNN, knew about Barnes’ allegations, believed them — and never said a word. Photo (cc) 2016 by the LBJ Library.

Please see this follow-up item.

If you were part of media and political circles in the early 1990s, then you were certainly aware of sensational accusations by Gary Sick, a top national security official in the Carter administration, that Ronald Reagan’s campaign had sabotaged efforts to bring the Iranian hostage crisis to a close during the waning weeks of the 1980 presidential campaign.

Jimmy Carter suffered a landslide re-election defeat at Reagan’s hands — an outcome that might have been different if he’d been able to celebrate the return of the 52 American hostages. Indeed, it was the prospect of such an “October surprise,” Sick argued, that led Reagan operatives to intervene with the Iranians and promise them weapons from Israel if they would agree not to release the hostages until Reagan was in office.

Sick’s charges could not be proven. But, on Saturday, The New York Times published a startling account (free link) about Ben Barnes, a former aide to the late Texas Gov. John Connally, who says that he and Connally were directly involved in working to delay the release of the hostages. Connally, a Democrat-turned-Republican who had served as treasury secretary under Richard Nixon, had run unsuccessfully for president himself in 1980 and was hoping for a plum appointment from Reagan. The Times’ Peter Baker writes of Barnes:

Mr. Connally, he said, took him to one Middle Eastern capital after another that summer, meeting with a host of regional leaders to deliver a blunt message to be passed to Iran: Don’t release the hostages before the election. Mr. Reagan will win and give you a better deal.

Why now? Barnes is 84; Carter, who’s 98, has entered hospice care. In Barnes’ telling, he was suffering from pangs of conscience. “History needs to know that this happened,” Barnes told Baker. “I think it’s so significant and I guess knowing that the end is near for President Carter put it on my mind more and more and more. I just feel like we’ve got to get it down some way.”

Now, my apologies for leading with the background, which is something I always tell my students not to do. Buried deep within Baker’s story is a massive media scandal. Get a load of this:

Mr. Barnes identified four living people he said he had confided in over the years: Mark K. Updegrove, president of the L.B.J. Foundation; Tom Johnson, a former aide to Lyndon Johnson (no relation) who later became publisher of the Los Angeles Times and president of CNN; Larry Temple, a former aide to Mr. Connally and Lyndon Johnson; and H.W. Brands, a University of Texas historian.

All four of them confirmed in recent days that Mr. Barnes shared the story with them years ago. “As far as I know, Ben never has lied to me,” Tom Johnson said, a sentiment the others echoed. Mr. Brands included three paragraphs about Mr. Barnes’s recollections in a 2015 biography of Mr. Reagan, but the account generated little public notice at the time.

Yes — Tom Johnson, a former publisher of the Los Angeles Times and president of CNN, has known about Barnes’ story for years, believes it and sat on it. This is an unconscionable act on Johnson’s part. Barnes’ story can’t be entirely verified, but it tracks with what we already know and is the closest thing we’ve had to proof that the Reagan campaign deliberately prolonged the hostages’ agony for political gain. I mean, this is really shocking stuff.

It also fits with a pattern of Republican candidates for president interfering in American foreign policy and cutting deals with our adversaries in order to gain political advantage.

During the 1968 campaign, Nixon’s henchmen secretly threw a wrench into U.S. peace talks aimed at ending the Vietnam War and also took a half-million-dollar bribe from the right-wing junta then running Greece. As we all know, Donald Trump was happy to benefit from a Russian influence campaign in 2016, and Trump campaign manager Paul Manafort had ties to Russian intelligence. Trump’s 2020 campaign featured his threat to withhold weapons from Ukraine unless officials there announced they were investigating Hunter Biden — an act that led to Trump’s first impeachment.

Barnes has filled in an important missing piece of history and cast serious doubts on the legitimacy of Reagan’s presidency. Reagan kicked off more than 40 years of right-wing economics that have left us with declining wages, widening income inequality and the toxic belief that private interests should come before the public good. It’s disheartening to receive confirmation that it never should have happened.

The CJR’s critique of ‘Russia Russia Russia’ coverage is all trees, no forest

Presidents Vladimir Putin and Donald Trump in 2017. Photo via Kremlin.ru.

On Jan. 27, Holman Jenkins Jr., a conservative columnist for The Wall Street Journal’s conservative editorial page, asserted that revelations by special counsel John Durham show that Donald Trump probably owed his 2016 election to a Russian influence campaign. Jenkins was referring to a “presumably fake email exchange” between Debbie Wasserman Schultz, then the head of the Democratic Party, and Leonard Benardo of the Open Society Foundation. Jenkins wrote:

The fictitious email referred to a presumably equally fictitious conversation between the Clinton campaign’s Amanda Renteria and Obama Attorney General Loretta Lynch about making sure the Clinton server investigation didn’t “go too far.” The words found their way into a Russian intelligence document, which found its way to the FBI, becoming the justification for FBI chief James Comey’s chaotic actions in the 2016 election, which likely elected Mr. Trump.

I offer this tidbit by way of a brief comment on Jeff Gerth’s 24,000-word analysis for the Columbia Journalism Review in which he takes the media to task for “Russia Russia Russia,” as Trump would put it. Now, I’m in no position to assess all of Gerth’s claims — he’s mastered the details, and I haven’t. But Jenkins’ column shows that, contrary to Gerth’s assertions, the Russia investigation was grounded firmly in reality and that new revelations continue to emerge.

Much of Gerth’s coverage focuses on his former employer, The New York Times. Gerth writes:

Outside of the Times’ own bubble, the damage to the credibility of the Times and its peers persists, three years on, and is likely to take on new energy as the nation faces yet another election season animated by antagonism toward the press. At its root was an undeclared war between an entrenched media, and a new kind of disruptive presidency, with its own hyperbolic version of the truth. (The Washington Post has tracked thousands of Trump’s false or misleading statements.) At times, Trump seemed almost to be toying with the press, offering spontaneous answers to questions about Russia that seemed to point to darker narratives. When those storylines were authoritatively undercut, the follow-ups were downplayed or ignored.

In fact, Gerth offers pretty convincing evidence that the Times engaged in some sloppy reporting. And yet, what I keep coming back to is this paragraph, in which then-Washington Post executive editor Marty Baron defended the press’ performance (or at least the Post’s performance) in a way that perfectly encapsulates what we all saw being reported in real time:

Baron declined to be interviewed but, in an email to me, defended the Post’s coverage, writing that “the evidence showed that Russia intervened in the election, that the Trump campaign was aware of it, welcomed it and never alerted law enforcement or intelligence agencies to it. And reporting showed that Trump sought to impede the investigation into it.”

What about Baron’s statement is wrong? No, botched facts can’t be condoned, and, as I said, Gerth seems to have found plenty of them. But the overall arc of the narrative as described by Baron is exactly what we all saw.

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David Corn, whose reporting for Mother Jones has been a lodestar for anyone following the Trump-Russia connections, wrote an analysis headlined “Columbia Journalism Review’s Big Fail: It Published 24,000 Words on Russiagate and Missed the Point.” Corn, whose mastery of the details matches Gerth’s, accuses Gerth of “misdirection,” writing:

Gerth finds plenty of ammo for his assault on the media. But here’s where he goes wrong: He misrepresents the scandal that is the subject of the media coverage he is scrutinizing. He defines the Trump-Russia affair by only two elements of the tale: the question of Trump collusion with Moscow and the unconfirmed Steele dossier. This is exactly how Trump and his lieutenants want the scandal to be perceived. From the start, Trump has proclaimed “no collusion,” setting that as the bar for judging him. That is, no evidence of criminal collusion, and he’s scot-free. And he and his defenders have fixated on the Steele dossier—often falsely claiming it triggered the FBI’s investigation—to portray Trump as the victim of untrue allegations and “fake news.” Gerth essentially accepts these terms of the debate.

Corn adds: “Trump may have been the victim of occasionally errant reporting. But he was no victim of a hoax or an off-the-rails media witch hunt. He helped an adversary sabotage an American election.”

Once in office, Trump was impeached twice. The first time was for threatening to withhold weapons from Ukraine unless President Volodymyr Zelenskyy would announce that his government was investigating Hunter Biden. One of Trump’s campaign managers, Paul Manafort, you may recall, was involved in supporting the previous Russian-backed regime, which had been overthrown by pro-democracy activists several years earlier. You have to wonder what U.S. policy in Ukraine’s war of self-defense against Russia would be today if Trump had defeated Joe Biden in 2020.

Gerth has shown that the press, and especially the Times, was not as careful as it should have been in reporting on Russia Russia Russia. And yes, details matter. But the notion that Trump was a victim of bad reporting with regard to Russia is just nonsense. In the end, Gerth has produced a report that’s all trees, no forest.

WSJ columnist: Russian interference got Trump elected in 2016

Well, well, well. Someone needs to translate this into English, but I think that Holman Jenkins — a hard-right columnist for The Wall Street Journal — is saying that the Russians got Donald Trump elected in 2016. Here’s a free link. Jenkins’ main purpose is to rip the FBI for inserting itself into the electoral process, but this tumbled out in the process:

The fictitious email [between Debbie Wassserman Schultz, then head of the Democratic National Committee and Leonard Benardo of the Open Society Foundation] referred to a presumably equally fictitious conversation between the Clinton campaign’s Amanda Renteria and Obama Attorney General Loretta Lynch about making sure the Clinton server investigation didn’t “go too far.” The words found their way into a Russian intelligence document, which found its way to the FBI, becoming the justification for FBI chief James Comey’s chaotic actions in the 2016 election, which likely elected Mr. Trump.

The Friday reading list

On this Friday morning, I’ve got three stories that I think are worth sharing with you. This is not the debut of a regular feature, but from time to time I run across good journalism that I want to put out there without much in the way of commentary. That’s what we used to use Twitter for, right?

The Washington Post isn’t going to be fixed anytime soon. Those of us who follow the trials and tribulations of The Washington Post have assumed that longtime publisher Fred Ryan had at least one foot on the proverbial banana peel. But according to Clare Malone, writing in The New Yorker, Ryan has emerged as more powerful than ever since the retirement of Marty Baron as executive editor. He seems to have no fresh ideas for reversing the Post’s declining fortunes, but Bezos apparently likes him. It doesn’t sound like Baron’s successor, Sally Buzbee, shares Bezos’ affection for Ryan, but she lacks the clout that the legendary Baron had.

Questions about the police killing of Tyre Nichols. MLK50: Justice Through Journalism is among the projects that Ellen Clegg and I are writing about in “What Works in Community News,” our book-in-progress. The website, based in Memphis, focuses on social justice issues. In a list of questions that need to be answered about Nichols’ death, this one stands out: “Since 2015, Memphis police have killed at least 15 people. How many people would need to die at the police’s hands before city leaders concede that the latest incident isn’t an indictment of a few bad apples, but reflects an institution that requires immediate overhaul?”

The Durham investigation was as corrupt it appeared. New York Times reporters Charlie Savage, Adam Goldman and Katie Benner go deep (free link) into Bill Barr and John Durham’s years-long effort to discredit the investigation into the Trump campaign’s ties to Russia and to somehow drag Hillary Clinton into it. The best quote is from Robert Luskin, a lawyer who represented two witnesses Durham interviewed: ““When did these guys drink the Kool-Aid, and who served it to them?”