Scales of Justice, Reconsidering Libel
Wednesday, February 20, 2019
Vol. 8, No. 51
The Insider: President Trump tried to get a friendly prosecutor put in charge of the investigation into the hush money payments made to two women during the 2016 political campaign, The NY Timesreports. Trump asked acting Attorney Gen. Matthew Whitaker to install Geoffrey Berman,the United States attorney for the Southern District of New York and a Trump ally, at the top of the investigation. Whitaker said, “no” because Berman had already recused himself.
If it’s true, it’s potentially an attempt at obstruction of justice, a crime committed by the President.
President Trump calls the Times report “fake news.” The President tweeted this morning, “The Press has never been more dishonest than it is today. Stories are written that have absolutely no basis in fact. The writers don’t even call asking for verification.”
Whitaker testified before Congress that the White House had made no special requests of him. A Justice Department spokeswoman said yesterday that, “Under oath to the House Judiciary Committee, then-Acting Attorney General Whitaker stated that ‘at no time has the White House asked for nor have I provided any promises or commitments concerning the special counsel’s investigation or any other investigation,’”
On Further Consideration:While President Trump says libel laws should be tightened so reporters can’t make up “fake news” about him, conservative Supreme Court Justice Clarence Thomas called for reconsideration of the landmark New York Times v. Sullivandecision that makes it hard for public officials to sue for libel and slander.
Thomas made his remarks in an opinion involving a woman who accused comedian Bill Cosby of sexual assault, who was then accused by Cosby’s lawyer of being dishonest. Courts ruled that the woman had become a public figure who could not sue for damages.
NY Times v. Sullivansays public figures, which includes politicians, police officers, and movie stars, cannot sue unless the statements made about them are knowingly and maliciously false. The decision arose out of the Civil Rights era during which politicians used libel suits to silence the press.
Thomas wrote, “New York Times and the court’s decisions extending it were policy-driven decisions masquerading as constitutional law.” He said, “The states are perfectly capable of striking an acceptable balance between encouraging robust public discourse and providing a meaningful remedy for reputational harm.”
You’ve Been Served:Speaking of libel, the family of the Kentucky teenager who was involved in an encounter with a Native American demonstrator at the Lincoln Memorial last month filed a defamation suit against The Washington Post, demanding $250 million in damages for its coverage of the incident and descriptions of their son.
The suit claims the Post “targeted and bullied” 16-year-old Nicholas Sandmann in order to embarrass President Trump. Sandmann was one of a number of students from Covington Catholic High School in Kentucky who were wearing red “Make America Great Again” hats during a trip to the Mall when they encountered Nathan Phillips, a Native American activist.
Sandmann and his schoolmates were described as taunting Phillips, but the encounter was more complex and nuanced than first reported.
The family’s complaint says, “In a span of three days in January of this year commencing on January 19, the Post engaged in a modern-day form of McCarthyism by competing with CNN and NBC, among others, to claim leadership of a mainstream and social media mob of bullies which attacked, vilified, and threatened Nicholas Sandmann, an innocent secondary school child.” The complaint goes on, “The Post ignored basic journalist standards because it wanted to advance its well-known and easily documented, biased agenda against President Donald J. Trump by impugning individuals perceived to be supporters of the President.”
Tickets, Please:The Trump administration announced plans to try to claw back $2.5 billion the federal government gave to California for its high-speed rail project that Gov. Gavin Newsom decided to abandon.
Trump tweeted, “The failed Fast Train project in California, where the cost overruns are becoming world record setting, is hundreds of times more expensive than the desperately needed Wall!”
Newsom said, “It’s no coincidence that the administration’s threat comes 24 hours after California led 16 states in challenging the president’s farcical ‘national emergency.’”
The Obit Page:Don Newcombe, the first black pitcher to become a star in the major leagues playing for the old Brooklyn Dodgers, has died at 92. He was the first black pitcher to start a World Series game.
At 6 feet 4 inches and 225 pounds, Newcombe threw a ball like a rifle shot. He was National League rookie of the year in 1949; four-time All-Star; the league’s Most Valuable Player in 1956, and the first winner of the Cy Young Award as baseball’s top pitcher.
Swamp News:CNN staff is in an uproar over the company’s hiring of a former Justice department spokeswoman and political operative to direct their political coverage. Sarah Isgur has never been a journalist. She’s been an advisor to Ted Cruz and Mitt Romney and was Carly Fiorina’s deputy campaign manager for the 2016 Republican primary. She was in the Justice Department press office under Attorney Gen. Jeff Sessions.
The Daily Beast reports that CNNemployees are demoralized by Isgur’s appointment.
Sadly, all the networks have been guilty of star casting over the years, passing over their own veteran journalists for prominent positions. George W. Bush’s daughter Jenna was made an NBCcorrespondent without ever covering a two-car accident, and it shows.
Real journalists keep their beliefs out of their work, but Isgur’s right-wing politics are right out there on Twitter.
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