More than 40 years after he resigned as president, Richard Nixon remains the lodestar for political skullduggery. And so it was when Donald Trump threatened to retaliate against Washington Post owner Jeff Bezos in response to news that the Post is siccing 20 reporters on Trump to look into every aspect of his life and career.
Henry Kissinger is back in the news thanks to Bernie Sanders, who went after Hillary Clinton at Thursday night’s debate for taking Kissinger’s advice. “I am proud to say that Henry Kissinger is not my friend,” Sanders said, to which Clinton replied: “I listen to a wide variety of voices that have expertise in various areas.” (I am not doing the full exchange justice. Click here for the debate transcript and search for “Kissinger.”)
In following the debate on Twitter, I was surprised at the extent to which people seemed bemused that Sanders would bring up someone who hasn’t served in public office for 40 years. Yet Sanders’s critique certainly struck me as relevant. To this day, many observers refer to Kissinger as a war criminal for his actions as Richard Nixon’s national security adviser and secretary of state. And, frankly, the case against him is strong, particularly with regard to the Nixon administration’s secret war in Cambodia and its role in the overthrow and assassination of Chile’s elected socialist president, Salvador Allende.
In 2001 the late journalist Christopher Hitchens wrote a 40,000-word, two-part article for Harper’s that was later published as a book called The Trial of Henry Kissinger. I wrote about Hitchens’s polemic for The Boston Phoenix, summarizing Hitchens’s evidence in some detail and comparing it to what other Kissinger biographers had found. My conclusion: a bit simplistic but compelling nevertheless.
So how closely associated is Hillary Clinton with Henry Kissinger? Certainly there’s an element of guilt-by-association in Sanders’s accusation, which is his M.O. Count me as among those who are tired of Sanders’s constant insinuations that anyone who takes campaign contributions from Wall Street is by definition corrupt.
Still, this New York Times piece by Amy Chozick makes clear that Clinton didn’t just accidentally bump into Kissinger one night at Zumba class. Chozick points out that when Clinton reviewed Kissinger’s book World Order for The Washington Post, Clinton wrote: “Kissinger is a friend, and I relied on his counsel when I served as secretary of state.” Clinton continued: “He checked in with me regularly, sharing astute observations about foreign leaders and sending me written reports on his travels.”
I don’t think we have to worry that Clinton will be giving the 92-year-old Kissinger an office at the White House if she is elected president. Still, Sanders has identified not just a political problem for Clinton but a substantive one. She needs to address it.
Is The Washington Post “more authoritative” than The New York Times? You might expect investigative reporting legend Bob Woodward to say so. After all, Woodward has spent nearly his entire career at the Post, and institutional loyalty runs deep.
Still, Woodward’s remarks — delivered at a stop on his latest book tour Tuesday night in Harvard Square — come at a time when they’re likely to garner more attention than they otherwise might. Amazon founder Jeff Bezos, who bought the Post from the Graham family nearly two years ago, is sinking money and resources into the paper. And media analysts like Ken Doctor are saying that the Post is making its first serious run at the Times in many years.
Asked by a member of the audience about changes in the media business, Woodward responded with an unsolicited paean to Bezos. “I think he’s helping us as a business,” Woodward said. “It’s a better website. I find things much more authoritative, quite frankly, than The New York Times, to be honest.”
And when asked by his interlocutor, Washington insider-turned-Harvard academic David Gergen, whether newspapers remain committed to investigative reporting, Woodward replied: “I know The Washington Post is, because I asked Jeff Bezos. He has the money. We talked about this. He said I could quote him on this, and I will. He said, ‘Rest assured, Marty’ — Baron, the editor — ‘will have the resources he needs.’”
Woodward will forever be remembered as one-half of the twentysomething reporting duo (with Carl Bernstein) who broke open the Watergate story and brought down Richard Nixon’s presidency. Now a no-longer-boyish 72, Woodward was on hand to promote his latest book, “The Last of the President’s Men.” In it, Woodward tells the story of Alexander Butterfield, the Nixon aide who revealed the existence of the White House taping system before a congressional committee, thus providing the evidence that Nixon really was a crook.
Several hundred people crowded into the First Parish Church for Woodward’s reading, sponsored by the Harvard Book Store. The book is based on some 40 hours’ worth of interviews Woodward conducted with Butterfield, as well as a trove of documents. Butterfield, Woodward said, provided invaluable insights into the inner workings of the Nixon White House, especially of the early years. “For two years, there was no taping system,” he said. “In a sense Butterfield became the tape recorder.”
The event began on a light-hearted note, with Gergen — who served four presidents, including Nixon — asking, “When did you all sense that you were on to something much bigger than you’d thought?” Woodward’s response: “When Nixon resigned.”
The conversation, though, took a darker turn as Woodward described Nixon’s prosecution of the Vietnam War. Perhaps the most disturbing revelation in “The Last of the President’s Men” is that Nixon ordered more and more bombs to be dropped during 1972 — the year he was up for re-election — even though he secretly acknowledged it had accomplished “zilch.” The reason, Woodward said, was that polling showed the bombing campaign was popular with the American public.
“It’s close to a war crime,” Woodward said.
Equally nauseating was Nixon’s response to journalist Seymour Hersh’s revelation in 1969 that American troops had massacred civilians in the village of My Lai. Nixon ordered Butterfield to go after everyone involved in exposing it, including the soldier who blew the whistle, Life and Time magazines and a perceived enemy who Woodward said was described by Nixon as “a liberal Jew.”
The mood brightened considerably when Gergen asked Woodward how he would go about investigating the leading 2016 presidential candidates, Donald Trump and Hillary Clinton. Woodward said he would talk about Trump first, and then brought down the house with this: “Can we ask the audience a question? How many people want the next president to be somebody who has no touch with reality?”
As for Clinton, Woodward turned the tables and questioned Gergen.
Woodward: “You worked with her.”
Gergen: “I did.”
Woodward: “Do you trust her?”
Gergen paused before answering: “I have found — I don’t think she — I don’t think she tells lies. I think she’s careful with the truth.”
Woodward, after the laughs had faded away: “You didn’t get to work for all these presidents for no reason.”
Notwithstanding Woodward’s enthusiasm for Jeff Bezos’ ownership of the Post, his talk was, in some respects, an elegy for the kind of journalism Woodward represents. Whether you prefer the Post or the Times, at their best they stand for a rigor that often seems to be on the wane.
For all the faults of the 1970s-era press, there was something approaching a national consensus that made it possible for a story like Watergate to keep building. These days, the media are too fragmented, with too many so-called news outlets aligned with partisan interests. Fox News chief Roger Ailes would release his flying monkeys to go after the liberal media and it would all end in a standoff.
Though Woodward’s establishment-oriented journalism is sometimes criticized, including by none other than the aforementioned Hersh, he nevertheless represents something important: the power of the press to do good through thorough, indefatigable reporting aimed at rooting out the truth rather than serving some ideological cause.
Thanks for the assist from Kylie Ayal, a third-year journalism student at Boston University, who supplied me with a copy of her audio file of the event after I managed to erase mine by mistake.
A few thoughts about Michael Kinsley’s much-criticized New York Times review of Glenn Greenwald’s book “No Place to Hide,” an account of his role in the Edward Snowden leaks.
Kinsley is technically correct in asserting that the government has — and should have — the final word when it comes to deciding whether secret information should be made public. Thus I part company with the likes of Gawker’s Hamilton Nolan, who, in a post headlined “Michael Kinsley Comes Out Against Journalism,” fulminates: “Michael Kinsley does not believe that a free press should be allowed to [expose official secrets]. He believes that the decision to tell government secrets ‘must ultimately be made by the government.'”
It’s Nolan’s “should be allowed” that bears scrutiny. In fact, the Supreme Court has made it clear that the government may act to prevent secrets from being revealed if those revelations would cause a serious breach of national security. Here is how the Court put it in the 1931 case of Near v. Minnesota:
No one would question but that a government might prevent actual obstruction to its recruiting service or the publication of the sailing dates of transports or the number and location of troops.
The government may also prosecute both leakers and journalists post-publication, as a majority of the Court all but invited the Nixon administration to do in the Pentagon Papers case — and as Harvey Silverglate explains in this 2006 Boston Phoenix essay.
If you think about it, how could it be otherwise? It’s so easy to conjure up scenarios involving nuclear weapons, terrorism and the like under which censorship and prosecution would be justified that it’s not even worth the effort to spell them out (although Chief Justice Charles Evans Hughes tried to do just that in Near).
But I emphatically part company with Kinsley over his sneering, dismissive tone, and his shocking failure to understand the role of a free press (or even a press that’s not quite as free as Hamilton Nolan imagines) in a democratic society. Because if the ultimate authority rests with the government, there are nevertheless times when leakers, individual journalists and the institutional press must stand up to the government and risk its wrath in order to serve the public interest. That’s what The New York Times and The Washington Post did in publishing the Pentagon Papers, the government’s own secret history of the Vietnam War.
And I would argue that that’s what Snowden, Greenwald, Barton Gellman (curiously absent from Special Agent Kinsley’s arrest warrant), The Guardian and The Washington Post did in exposing the NSA’s practices.
I wrote more about the legal background for The Huffington Post last June.
Photo (cc) by the Aspen Institute and published under a Creative Commons license. Some rights reserved.
I just learned that Joe McGinniss has died. McGinniss was the author of a very good book about Richard Nixon and an atrociously bad one about Jeffrey MacDonald, the Green Beret physician who’s been in prison for decades after being convicted of killing his family — a case that I believe was deeply flawed.
Here is what I wrote for Book Forum in 2012 about Errol Morris’ “A Wilderness of Error,” which attempts to set the record straight.
Last January, not long after the young Internet genius Aaron Swartz committed suicide, civil-liberties lawyer Harvey Silverglate wrote powerfully about the abusive prosecutorial tactics that may have led to his death.
Swartz faced a lengthy federal prison sentence for downloading academic articles at MIT without authorization. Even though the publisher, JSTOR, declined to press charges, U.S. Attorney Carmen Ortiz brought a case agains Swartz under the Computer Fraud and Abuse Act. As Silverglate put it, the law is “a notoriously broad statute enacted by Congress seemingly to criminalize any use of a computer to do something that could be deemed bad.”
Silverglate’s article was republished in Media Nation with the permission of Massachusetts Lawyers Weekly, where it originally appeared. And it was far and away the most viewed article in Media Nation in 2013.
Today we present Media Nation’s top 10 posts for 2013, based on statistics compiled by WordPress.com. They represent a range of topics — from the vicissitudes of talk radio to a media conflict of interest, from Rolling Stone’s controversial cover image of accused Boston Marathon bomber Dzhokhar Tsarnaev to the sad, sudden death of The Boston Phoenix.
The top 10 is by no means representative of the year in media. Certainly the biggest story about journalism in 2013 involved the National Security Agency secrets revealed by Edward Snowden to The Guardian and The Washington Post — a story that did not make the cut at Media Nation.
Here, then, is our unrepresentative sample for the past 12 months.
1. Harvey Silverglate on the Aaron Swartz case (Jan. 24). Few people were more qualified to weigh in on U.S. Attorney Ortiz’s abusive tactics than Silverglate, my friend and occasional collaborator, who several years ago wrote “Three Felonies a Day,” a book on how the federal justice system has spun out of control. But Silverglate’s take wasn’t the only article about Swartz to generate interest in Media Nation. The aftermath of Swartz’s suicide also came in at No. 11 (“The Globe turns up the heat on Carmen Ortiz,” Jan. 11) and No. 13 (“Aaron Swartz, Carmen Ortiz and the meaning of justice,” Jan. 14). In a bit of poetic justice, a project Swartz was working on at the time of his death — software that allows whistleblowers to submit documents without being identified — was unveiled by The New Yorker just several months after his suicide.
2. The New Republic’s new owner crosses a line (Jan. 28). A little more than a year ago, the venerable New Republic was saved by Chris Hughes, a co-founder of Facebook who is using some of his fortune to restore the magazine to relevance and fiscal health. But he crossed an ethical line last January when he took part in an interview with President Obama, whose campaign he had worked on, and tossed a series of softball questions his way. At the time I wrote that Hughes was guilty of “no more than a minor misstep.” So how did it rise to No. 2? It turns out that a number of right-leaning websites picked up on it, bringing a considerable amount of traffic to Media Nation that I normally don’t receive.
3. Dailies go wild over sports controversies (Aug. 30). Four months after publishing this item, I find it hard to make heads or tails of what was going on. But essentially Globe-turned-Herald sportswriter Ron Borges contributed to a Rolling Stone article on the Aaron Hernandez murder case, which generated some tough criticism from both the Globe and the well-known blog Boston Sports Media Watch. That was followed almost immediately by a Globe article on the ratings collapse of sports radio station WEEI (AM 850), which brought yet more tough talk from, among others, ’EEI morning co-host Gerry Callahan, who also happens to write a column for the Herald. Yes, Boston is a small town.
4. Rolling Stone’s controversial cover (July 17). I thought it was brilliant. I still do. The accusion that Rolling Stone was trying to turn Dzhokhar Tsarnaev into some sort of pop-culture hero is absurd and offensive — and not borne out by the well-reported article that the cover was designed to illustrate.
5. Glenn Ordway walks the ratings plank (Feb. 14). Ordway built sports talker WEEI into a ratings monster only to see its numbers crater in the face of competition from the Sports Hub (WBZ-FM, 98.5). Ordway was by no means the problem with WEEI. But station management decided it could no longer afford his $500,000 contract, and so that was it for the Big O.
6. A big moment for The Boston Globe (Dec. 17). It was actually a big year for the Globe, from its riveting coverage of the marathon bombing and the standoff that led to the arrest of Dzhokhar Tsarnaev to the paper’s acquisition by Red Sox principal owner John Henry. But two days in mid-December were emblematic of the paper’s continuing excellence and relevance — a long, detailed exposé of the Tsarnaev family that revealed Dzhokhar, rather than his older brother, Tamerlan, may have been the driving force behind the bombing; an investigation into a case of alleged “medical child abuse” that pitted a Connecticut family against Children’s Hospital; and a nationally celebrated series of tweets by staff reporter Billy Baker about a Boston teenager from a poor family who had been admitted to Yale.
7. The Boston Phoenix reaches the end of the road (March 14). A stalwart of the alternative-weekly scene and my professional home from 1991 to 2005, the Phoenix was a voice of incalculable importance. But with even the legendary Village Voice struggling to survive, the alt-weekly moment may have passed. At the time of its death, the Phoenix had more than 100,000 readers — but little revenue, as advertising had dried up and both the print edition and the website were free. I scribbled a few preliminary thoughts in this post, and later wrote something more coherent for PBS MediaShift.
8. The return of Jim Braude and Margery Eagan (Feb. 6). Eagan and Braude’s morning show was the one bright spot on WTKK Radio, an otherwise run-of-the-mill right-wing talk station that had been taken off the air a month earlier. So it was good news indeed when the pair was hired to host “Boston Public Radio” from noon to 2 p.m. on public station WGBH (89.7 FM). (Note: (I am a paid contributor to WGBH-TV’s “Beat the Press,” where Eagan is a frequent panelist.)
9. Joe Scarborough grapples with history — and loses (Feb. 17). Asking cable blowhard Scarborough to write a review for The New York Times Book Review about the relationship between Dwight Eisenhower and Richard Nixon could have been a smart, counterintuitive move. But it only works if the writer in question is, you know, smart.
10. The bell tolls for WTKK Radio (Jan. 3). As I already mentioned, Jim Braude and Margery Eagan were able to walk away from the rubble of WTKK, which was shut down by corporate owner Greater Media and turned into an urban music station. Just a few years earlier the station had been a ratings success with trash-talking hosts like Jay Severin and Michael Graham. But tastes change — sometimes for the better.
Photo (cc) by Maria Jesus V and published under a Creative Commons license. Some rights reserved.
As you have no doubt already heard, Alan Rusbridger, editor of The Guardian, wrote on Monday that British security agents recently visited the newspaper’s headquarters and insisted that hard drives containing leaked documents from Edward Snowden be smashed and destroyed in their presence. The incident, Rusbridger said, took place after a “very senior government official” demanded that the materials either be returned or disposed of.
Rusbridger’s report followed the nearly nine-hour detention of Glenn Greenwald’s partner, David Miranda, at London’s Heathrow Airport. Greenwald has written the bulk of The Guardian’s articles about the Snowden documents, and Miranda had been visiting filmmaker Laura Poitras, who has worked extensively with Snowden and Greenwald, in Berlin.
We are already being told that such thuggery couldn’t happen in the United States because of our constitutional protections for freedom of the press. For instance, Ryan Chittum of the Columbia Journalism Review writes, “Prior restraint is the nuclear option in government relations with the press and unfortunately, the British don’t have a First Amendment.”
But in fact, there is nothing to stop the U.S. government from censoring the media with regard to revelations such as those contained in the Snowden files — nothing, that is, except longstanding tradition. And respect for that tradition is melting away, as I argued recently in this space.
The case for censorship, ironically, was made in a U.S. Supreme Court decision that severely limited the circumstances under which the government could censor. The decision, Near v. Minnesota (1931), was a great victory for the press, as the ruling held that Jay Near could not be prohibited from resuming publication of his scandal sheet, which had been shut down by state authorities (of course, he could be sued for libel after the fact).
What’s relevant here is how Chief Justice Charles Evans Hughes described the limited circumstances under which the government could engage in prior restraint:
No one would question but that a government might prevent actual obstruction to its recruiting service or the publication of the sailing dates of transports or the number and location of troops. On similar grounds, the primary requirements of decency may be enforced against obscene publications. The security of the community life may be protected against incitements to acts of violence and the overthrow by force of orderly government.
The text I’ve bolded means that the government may, in fact, engage in censorship if by so doing it would prevent a breach of national security so grave that it could be likened to the examples cited by Hughes. That’s what the Nixon administration relied on in seeking to stop The New York Times and The Washington Post from publishing the Pentagon Papers in 1971.
The Supreme Court, in allowing publication of the Pentagon Papers to resume (New York Times Co. v. United States), wrestled extensively with Near v. Minnesota, and ultimately decided that revealing the government’s secret history of the Vietnam War did not amount to the sort of immediate, serious breach of national security that Hughes envisioned.
But who knows what the court would say if the Obama administration took similar action against The Washington Post, which has published several important reports based on the Snowden documents — including last week’s Barton Gellman bombshell that the National Security Agency had violated privacy protections thousands of times?
Unlike the Pentagon Papers, the Snowden documents pertain to ongoing operations, which cuts in favor of censorship. Cutting against it, of course, is that there’s a strong public-interest case to be made in favor of publication, given the long-overdue national debate that Snowden’s revelations have ignited.
The bottom line, though, is that there is no constitutional ban that would prevent the White House from seeking to stop publication of the Snowden documents — even if U.S. officials are unlike to engage in the sort of theatrics that reportedly took place in The Guardian’s basement.
(Disclosure: I wrote a weekly online column for The Guardian from 2007 to 2011.)