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Rather Files $70 Million Suit Against CBS

By JACQUES STEINBERG,
The New York Times
Posted: 2007-09-20 09:37:25
Filed Under: TV News, Nation News
(Sept. 19) - Dan Rather, whose career at CBS News ground to an inglorious end 15 months ago over his role in an unsubstantiated report questioning President Bush’s Vietnam-era National Guard service, filed a $70 million lawsuit this afternoon against the network, its corporate parent and three of his former superiors.


Mr. Rather, 75, asserts that the network violated his contract by giving him insufficient airtime on “60 Minutes” after forcing him to step down as anchor of the “CBS Evening News” in March 2005. He also contends that the network committed fraud by commissioning a “biased” and incomplete investigation of the flawed Guard broadcast and, in the process, “seriously damaged his reputation.” As plaintiffs, the suit names CBS and its chief executive, Leslie Moonves; Viacom and its chief executive, Sumner Redstone; and Andrew Heyward, the former president of CBS News.

In the suit, filed this afternoon in State Supreme Court in Manhattan, Mr. Rather charges that CBS and its executives made him “a scapegoat” in an attempt “to pacify the White House,” though the formal complaint presents virtually no direct evidence to that effect. To buttress this claim, Mr. Rather quotes the executive who oversaw his regular segment on CBS Radio, telling Mr. Rather in November 2004 that he was losing that slot, effective immediately, because of “pressure from ‘the right wing.’ ”

He also continues to take vehement issue with the appointment by CBS of Richard Thornburgh, an attorney general in the administration of the elder President Bush, as one of the two outside panelists given the job of reviewing how the disputed broadcast had been prepared.

For both Mr. Rather and CBS, the filing of the suit threatens to once again focus attention on one of the darker chapters in the history of the network and its storied news division, at a moment when it is already reeling. Mr. Rather’s successor as evening news anchor, Katie Couric, has languished in third place in the network news ratings since taking over the broadcast a year ago, behind not only Charles Gibson of ABC and Brian Williams of NBC, but also the ratings performance of the “CBS Evening News” in Mr. Rather’s final years.

The portrait of Mr. Rather that emerges from the 32-page filing bears little resemblance to the hard-charging, seemingly fearless anchor who for two decades shared the stage with Tom Brokaw and Peter Jennings as the most watched and recognizable journalists in America.

By his own rendering, Mr. Rather was little more than a narrator of the disputed broadcast, which was shown on Sept. 8, 2004, on the midweek edition of “60 Minutes” and which purported to offer new evidence of preferential treatment given to Mr. Bush when he was a lieutenant in the Air National Guard.

Instead of directly vetting the script he would read for the Guard segment, Mr. Rather says, he acceded to pressure from Mr. Heyward to focus instead on his reporting from Florida on Hurricane Frances, and on Bill Clinton’s heart surgery.

Mr. Rather says in the filing that he allowed himself to be reduced to little more than a patsy in the furor that followed, after CBS — and later the outside panel it commissioned — concluded that the report was based on documents that could not be authenticated. Under pressure, Mr. Rather says, he delivered a public apology on his newscast on Sept. 20, 2004 — written not by him but by a CBS corporate publicist — “despite his own personal feelings that no public apology from him was warranted.”

He now leads a weekly news program on HDNet — an obscure cable channel in which he is seen by only a small fraction of the millions of viewers who once turned to him in his heyday to receive the news of the day.

In filing his suit now — three years after the now-disputed report was first broadcast, and more than a year after he reluctantly left CBS, as his last contract wound down — Mr. Rather is following, by a matter of weeks, the announcement by CBS that it had settled a similar lawsuit by Don Imus.

Mr. Imus had sued CBS over his firing in the aftermath of derogatory remarks he made about the Rutgers University women’s basketball team. While some Imus associates suggested last month that his final payment was at least $20 million, CBS Radio has characterized that figure as too high.

Mr. Rather’s suit seeks $20 million in compensatory damages and $50 million in punitive damages.

Among the pivotal points of contention in Mr. Rather’s suit are the definitions of the words “full-time” and “regular.” As quoted in the filing, Mr. Rather’s contract — which he signed in 2002, and which called for him to be paid a base salary of $6 million a year as anchor — entitled him to a job as a “full-time correspondent” with “first billing” on the midweek edition of “60 Minutes,” should he leave the anchor chair before March 2006, his 25th anniversary in the job.

As it turned out, Mr. Rather would leave the anchor chair a year early, and would indeed be reassigned to the midweek edition, known as “60 Minutes II.” When that broadcast was canceled a few months later, Mr. Rather’s contract called for him to be reassigned to the main “60 Minutes” broadcast on Sunday evening, where he would “perform services on a regular basis as a correspondent.”

Over the next year, Mr. Rather would have eight segments broadcast on the main “60 Minutes” — including reports that took him to North Korea, China and Beirut. While that would seem to be a substantial portfolio of work, Mr. Rather notes that other correspondents had more than twice as many reports appear on the program during the same period, and that several of his reports had been effectively buried, broadast on Christmas Day and New Year’s Day when far fewer people than usual were likely to tune in.

“He was provided with very little staff support, very few of his suggested stories were approved, editing services were denied to him, and the broadcast of the few stories he was permitted to do was delayed and then played on carefully selected evenings, when low viewership was anticipated,” the filing contends.

Among the most egregious indignities he suffered, Mr. Rather says, was the network’s response to his request to be sent as a correspondent to the scene of Hurricane Katrina in the fall of 2005.

“Mr. Rather is the most experienced reporter in the United States in covering hurricanes,” his lawyers write in the suit. “CBS refused to send him,” thus “furthering its desire to keep Mr. Rather off the air.”

Copyright © 2008 The New York Times Company
2007-09-19 15:57:13
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6139 comments

yenttia001 11:23:48 PM Sep 22 2007

Unfortunately, for those of us interested in the truth, the Bush-Guard story has taken on the cultural manifestations of the Kennedy assassination. The facts, even if spoken now by those directly involved, will be disputed. Political disinformation entered the process along with too much zeal to break the big story. Rather and Mapes, however, seem unfairly condemned to me. The report by former Attorney General Richard Thornburgh's investigative committee seemed cursory and inconclusive. I was among a number of people directly involved who were never contacted, which leads to the inevitable suggestion other pieces of evidence were ignored to fit a preferred conclusion.

Ultimately, though, we have to rely on perception of this matter because we'll never get the facts from the Bush administration. They do, however, exist. Every document relevant to the Bush time in the Guard should be included on a microfiche filed at the National Personnel Records Center in St. Louis, Missouri. Any hist

yenttia001 10:10:00 PM Sep 22 2007

I have always considered this episode to be a GOP dirty trick.

The bottom line...the right-wing blogosphere was instantaneous in their orchestrated assault, as if this was planned. And, sure enough, after the attack on the alleged 'forgery,' the Bush service record was off-the-table for media discussion. Doesn't anybody find that curious?

Bravo to Dan Rather. May he cause many to squirm with his lawsuit.

yenttia001 10:06:48 PM Sep 22 2007

jsteel57 09:54:19 PM Sep 22 2007

you're a joke dan, just like your big ears
__________________________________
And Your a joke, with your big mouth!!!!

yenttia001 10:05:52 PM Sep 22 2007

I applaud Rather's decision to file this lawsuit. The issue will be, whether he can stand up to whatever bribe money Viacom throws at him (under the guise of a "settlement for an undisclosed amount without admitting wrongdoing"). The man is in his seventies, after all; can he stand up to the pounding of a protracted suit? The greatest joy of all this would be to subpoena Bush himself and get him on the stand - highly doubtful at best, but we can dream.

jsteel57 09:54:19 PM Sep 22 2007

you're a joke dan, just like your big ears
get a life you old dweeb

yenttia001 09:13:05 PM Sep 22 2007

In retrospect, I think the real problem with this story is that it ran three years too early. Imagine that a report emerged today saying that President Bush and his enablers had unusual problems finding the most basic records, that key documents had disappeared from official files, that he and his supporters dissembled when asked direct questions. Yawn. The country wouldn't bat a collective eye. No one would be attacked for reporting that. That stuff is old hat now.

But back then in the face of an orchestrated attack, Viacom blinked. The company insisted that Dan Rather issue an on-air apology. We were investigated by a so-called independent panel that wasn't independent and wasn't really a panel. It was a cluster of securities fraud attorneys with no journalistic experience fronted by a couple of figureheads with strong ties to the Bush family.

yenttia001 09:12:20 PM Sep 22 2007

Far Right Wingers have betrayed the U.S.

yenttia001 09:11:12 PM Sep 22 2007

But the truly chilling part of this entire saga is what happened next. Though our story had raised entirely appropriate questions about the president's military record, though there had been substantiation for everything we reported, though this was an issue certainly worth discussing in wartime, all that was lost in the melee that followed.

Because of the angry conservative outcry, the corporation we worked for chose to walk away from an uncomfortable controversy rather than stick up for its reporters.

This is not a new fight. Journalism has always pissed people off. It is supposed to. It should be provocative. It should ask hard questions of everyone on every side. It shouldn't play favorites and it shouldn't fear honest criticism.

In a democracy, journalism cannot fear bullies or pull its punches because somebody powerful might get uncomfortable. That's when we all lose.

yenttia001 09:10:38 PM Sep 22 2007

Soon, traditional media began repeating some of the claims and joining in the attack on the story. They didn't do any real work on the substance of the story; they just wanted to talk about typeface. And that was an empty, unsolvable argument that did nothing but serve the purposes of the Bush administration, which had been fanning the flames of the controversy and hoping to avoid any hard questions.

The fracas scared the bejeezus out of the CBS corporate types who were completely unaccustomed to the rough and tumble interaction of the blog world. Frankly, the foaming-at-the-mouth response scared me, too. These people WERE scary. Who wants to see her picture online accompanied by digital catcalls demanding that she be "taken out"? And that was one of the milder posts.

yenttia001 09:09:31 PM Sep 22 2007

These critics blathered on about everything but the content. They knew they would lose that argument, so they didn't raise it. They focused on the most obscure, most difficult to decipher element of the story and dove in, attacking CBS, Dan Rather, me, the story and the horse we rode in on -- without respite, relentlessly, for days.

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