Nepotism and Partisanship in the US Civil Service Is Reaching a Crisis Point
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51846"><span class="small">Preet Bharara, Guardian UK</span></a>
Monday, 14 October 2019 13:00
Bharara writes: "Nepotism puts favoritism and privilege above fairness and merit. It also undermines the integrity of policymaking."
Former U.S. Attorney Preet Bharara. (photo: Robin Lubbock/WBUR)
Nepotism and Partisanship in the US Civil Service Is Reaching a Crisis Point
By Preet Bharara, Guardian UK
14 October 19
Here is how we can reform the political appointments process to protect government decision-making from political patronage or nepotism
ong before President Donald Trump lied about the path of a hurricane and threatened the leadership at the National Oceanic and Atmospheric Administration, he nominated the former CEO of AccuWeather to serve as its administrator. In past presidencies, such a nomination would have been out of bounds. It breaks the decades-long precedent of having a scientist lead the more than 6,000 scientists and engineers at Noaa, not to mention the obvious conflict of interest in putting someone in control of the government’s weather data who had advocated for the privatization of that data for his personal profit. The nomination turned out to be a prelude to President Trump’s politicization of the traditionally non-partisan work at Noaa.
Over the last half century, a set of norms, unwritten rules, and a few laws kept the presidential appointments process focused on naming people to senior government positions who serve in the public’s interest. Appointees were expected to be qualified, free of conflicts of interest, and not members of the president’s family. These principles helped prevent corruption and maintain a basic level of trust in the integrity and effectiveness of government and those who led it. They protect government decision-making from the improper influence associated with political patronage or nepotism.
Of course, presidents didn’t always get it right, and when they ran afoul of these principles, Congress took notice.
After President John F Kennedy appointed his brother as attorney general, Congress passed and President Lyndon Johnson signed an anti-nepotism statute. After Hurricane Katrina, the federal government’s bungled response was at least partially attributed to the fact that the head of the Federal Emergency Management Agency at the time lacked experience in emergency management. Some attributed his appointment to his friendship with President George W Bush’s campaign manager. Congress responded by mandating additional qualifications for future Fema directors.
It’s again time for Congress to act. Last week, the National Task Force on Rule of Law & Democracy, convened by the Brennan Center for Justice and that I co-chair, released our new report, which provides Congress with a roadmap for protecting the political appointments process from further abuse. Our members come from both political parties and have either served as executives or in the executive branch, or both. We know government cannot succeed without personnel who are qualified and ethical.
President Trump’s choice to lead Noaa is only one of many personnel moves that flout the usual boundaries and unwritten rules. He installed Ken Cuccinelli as the acting head of US Customs and Immigration Services despite his having no prior federal experience. He also tried nominating a talk radio host with no scientific credentials to serve as the chief scientist at the US Department of Agriculture and tried appointing a Republican operative opposed to competitive elections into a position at the Census that is traditionally filled by a career official with a strong statistics background.
Of course one of the most controversial moves in this arena was Trump’s decision to appoint his son-in-law and daughter to senior White House posts. Other presidents –including Carter, Reagan and Obama – also considered appointing members of their families to official positions but were rebuffed by the Department of Justice, who advised them it would run afoul of the anti-nepotism law. In Trump’s case, DoJ determined that a superseding law created an exception for presidential appointments in the White House.
Nepotism puts favoritism and privilege above fairness and merit. It also undermines the integrity of policymaking. Congress can respond by making clear that the prohibition on nepotism applies to presidential appointments in the White House.
Congress has already shown a willingness to require that appointees in certain critical positions have specific expertise or experience after witnessing inept performances by their predecessors. (Congress has also waived these requirements when it has deemed it necessary, as it did for James Mattis as defense secretary.) Instead of responding piecemeal and waiting for the next abuse, our taskforce recommends Congress conduct a review of positions requiring Senate confirmation to determine which warrant additional statutory qualifications.
Presidents have also undercut the constitutional system of checks and balances by attempting to circumvent the Senate’s advice and consent role in the appointment of senior executive branch officers. For example, President Clinton had an acting assistant attorney general for civil rights at the Department of Justice for almost two years. It motivated Congress to pass the Federal Vacancies Reform Act – with bipartisan support – in 1998. President Trump has exploited loopholes in the FVRA to fill his government with “acting” officials whose appointments are not subject to congressional scrutiny and who are less beholden to congressional interests, which has drawn Senate Democrats’ and Republicans’ ire. Congress should amend the act so that it serves its intended purpose, and our report outlines how.
As I’ve said in the past, presidents have the right to have their own people – it’s why President Trump was within his rights to remove me from my former position as US attorney for the southern district of New York. But the president’s personnel preferences cannot come at the expense of a qualified and ethical corps of public servants. And the guardrails against abuse cannot be so flimsy that the appointments process is manipulated to meet partisan or personal ends. For Congress to respond, it should enact reforms that restore public service as a public trust.
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51845"><span class="small">Kim Hunter, Katharine Gordon and John Bruning, The Hill</span></a>
Monday, 14 October 2019 13:00
Excerpt: "We must hold this administration accountable for the ongoing illegality that is engulfing the border."
Migrant families. (photo: Getty Images)
Trump's New Border Courts Are Designed to Fail
By Kim Hunter, Katharine Gordon and John Bruning, The Hill
14 October 19
he Trump administration’s latest efforts to block as many asylum seekers as possible from entering the U.S. have expanded exponentially with the implementation of “port courts.”
Tens of thousands of refugees have been forced to remain in Mexico in order to request any protection from persecution, rather than be permitted to enter the U.S. to await their hearing dates. For their hearings, they enter port courts, which are literally in tents and trailers that have been hastily put up in southern border cities.
We are part of a group of attorney volunteers who recently returned from assisting asylum-seekers in Matamoros, Mexico. One of us accompanied two new clients to the port court in Brownsville, Texas. Neither the judges nor government attorneys are physically present, instead appearing by video and hidden from public view as press and observers are barred.
The Department of Homeland Security (DHS) is solely responsible for this. The Department of Justice (DOJ), which employs the immigration judges, notes that the Justice Department will follow the regulation that requires hearings to be public. However, since DHS operates the port courts, DOJ has capitulated to the ad hoc rules which deny transparency.
At every step of the way, refugees and the handful of attorneys who represent them are reminded that this “system” is designed to fail. There are no marked entrances to the Brownsville court, which resembles a concentration camp in its design and layout.
Instead, attorneys must already know where the entrance is and ask to be let in by privately contracted guards who monitor it for DHS. Forms with client signatures are required to gain entry. Attorneys are escorted by guards from the front gate to client meetings, to attend court and even to access the restroom.
Attorneys are not allowed to bring electronics into the tent complex, which means they cannot access their calendars or legal research. Meanwhile, DHS lawyers maintain access to their technology as they sit off-screen. Only the immigration judge and interpreter are video streamed into the port courtroom.
In order to even schedule the next hearing, the attorney must request a recess so that they can leave the court complex, go to their car to access their calendar on their phone and go through the security process all over again to get back to their hearing.
Immigrants with hearings and their children are also subjected to security screening in order to enter. Their shoelaces are confiscated by DHS and not returned. Some refugees report being subjected to cavity searches just to attend court.
Unless the immigrant is represented, the families wait for a “group advisal” of their rights, which is interpreted only in Spanish. Many refugees speak indigenous languages and have no way to communicate that in the face of a video link via a Spanish interpreter. Yet, in order to secure a full hearing on their claim, they must submit applications and all supporting documents in English.
Individuals with attorneys do not have their full hearings interpreted. At most, procedural matters are translated at the very beginning and end. For a client to know what is happening, their attorney must translate for them while making legal arguments and responding to the DHS attorney and the immigration judge.
At the conclusion of one of our clients’ hearings, the contracted guard tried to force counsel from the courtroom without giving him an opportunity to explain the non-interpreted hearing that had just taken place.
The attorney had to involve the judge, who intervened and asserted some control over the courtroom to allow our client access to counsel. Meanwhile, DHS’s position is that attorneys have enough time to speak to their clients before the hearing, and can meet their client in Mexico later to explain what happened.
To meet with clients in Mexico, attorneys must violate the State Department’s travel advisories, which categorize Matamoros as a level 4 security risk, which is the category reserved for the most dangerous places on earth, including active war zones like Syria.
As volunteer attorneys we were allowed to cross the border exclusively in a group during daylight hours. We conducted our work within 100 yards of the border crossing point which makes client confidentiality impossible. In case of cartel violence, we were instructed to drop everything and sprint for the crossing on our group leader’s signal.
The harms refugees suffer due to our official U.S. government policy of rendering them homeless includes deaths by drowning in the Rio Grande (even while bathing), multiple documented instances of kidnappings within minutes or hours of being returned from the U.S. The toll of surviving on the streets of Mexico is amplified by the due process farce refugees face in post courts.
As tempting as it is, we cannot give in to our exhaustion and cynicism: We must hold this administration accountable for the ongoing illegality that is engulfing the border. It may take decades or longer to repair what we have lost under this administration and there is no time to waste.
RSN: The More Joe Biden Stumbles, the More Corporate Democrats Freak Out
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=48990"><span class="small">Norman Solomon, Reader Supported News</span></a>
Monday, 14 October 2019 11:52
Solomon writes: "The Democratic Party's most powerful donors are running out of options in the presidential race. Their warhorse Joe Biden is stumbling, while the other corporate-minded candidates lag far behind. For party elites, with less than four months to go before voting starts in caucuses and primaries, 2020 looks like Biden or bust."
Former Vice President Joe Biden during the Democratic presidential debate in Houston. (photo: Mike Blake/Reuters)
The More Joe Biden Stumbles, the More Corporate Democrats Freak Out
By Norman Solomon, Reader Supported News
14 October 19
he Democratic Party’s most powerful donors are running out of options in the presidential race. Their warhorse Joe Biden is stumbling, while the other corporate-minded candidates lag far behind. For party elites, with less than four months to go before voting starts in caucuses and primaries, 2020 looks like Biden or bust.
A key problem for the Democratic establishment is that the “electability” argument is vaporizing in the political heat. Biden’s shaky performances on the campaign trail during the last few months have undermined the notion that he’s the best bet to defeat Donald Trump. The latest polling matchups say that Biden and his two strong rivals for the nomination, Elizabeth Warren and Bernie Sanders, would each hypothetically beat Trump by around 10 points.
As such realities sink in, the focus is turning to where the party’s entrenched power brokers don’t want it to go – the actual merits of the candidates in terms of political history, independence from big-money special interests, and longtime commitment to positions now favored by most Democrats.
With the electability claim diminished, Biden faces a steep climb on the merits of his record and current policy stances. The looming crisis for the Biden forces is reflected in the fact that his top campaign operatives have already publicly conceded he could lose the first two nomination contests, the Iowa caucuses and New Hampshire primary.
And in an era when small donations from the grassroots are adding up to big financial hauls, Biden is so uninspiring that he’s losing the money race by a wide margin. Despite his relentless harvesting of big checks from hedge-fund managers, rich CEOs and the like, Biden’s campaign raised a total of only about $15 million in the last quarter, compared to around $25 million that Sanders and Warren each received. The New York Times noted that the duo’s fundraising totals are markers for “the collective enthusiasm in the party for progressive candidates pushing messages of sweeping change.”
But Biden continues to greatly benefit from the orientations of corporate media outlets that loudly echo the concerns of corporate Democrats (often called “moderates” or “centrists”) and their kindred spirits in realms like Wall Street. Rarely inclined to dispel the longstanding myth of “Lunch Bucket Joe,” reporting has been sparse on his legislative legacy in service to such industries as credit-card companies, banks, and the healthcare business.
Media affection for Biden is matched by the biases of corporate media that – for many years – have routinely spun coverage of Sanders in negative ways, amplifying the messages from people at the helm of huge corporations. Recent months have seen no letup of anti-Bernie salvos, with Sanders as a kind of “heat shield” for Warren, catching the vast majority of the left-baiting attacks that would otherwise be aimed at her. Yet, as Warren’s campaign gains momentum, she is becoming more of a prime target for wealthy sectors and their media echo chambers.
A CNBC article summarized on-air comments from network star Jim Cramer: “The financial community is really worried about the possibility of Sen. Elizabeth Warren becoming president.” A theme among corporate executives, he said, is that “she’s got to be stopped.”
Such rumblings have grown louder since that broadcast five weeks ago, as Warren has surged into virtual ties with Biden in national polls. In late September, CNBC reported: “Democratic donors on Wall Street and in big business are preparing to sit out the presidential campaign fundraising cycle – or even back President Donald Trump – if Sen. Elizabeth Warren wins the party’s nomination.”
Meanwhile, Bernie Sanders (who I actively support) is even more antithetical to the economic powers that be. He directly advocates for an end to the biz-as-usual that has propelled the rapacious rise of corporate power and widening economic inequality.
Sanders underscored that advocacy in an ABC interview that aired on Sunday: “What we need is, in fact – I don’t want to get people too nervous – we need a political revolution. I am, I believe, the only candidate who’s going to say to the ruling class of this country, the corporate elite: ‘Enough, enough with your greed and with your corruption. We need real change in this country.’”
And Sanders made explicit why – at the same time that Warren is loathed on Wall Street – he is even more feared and despised by champions of predatory capital. “Elizabeth considers herself – if I got the quote correctly – to be a capitalist to her bones,” he said. “I don’t. And the reason I am not is because I will not tolerate for one second the kind of greed and corruption and income and wealth inequality and so much suffering that is going on in this country today, which is unnecessary.”
Days ago, the Bernie 2020 campaign began wide distribution of a sticker that boldly says, “Billionaires Should Not Exist.” That kind of genuine progressive politics is an existential threat to the extremely wealthy, whose riches amid vast income inequality keep killing a lot of people.
Biden, speaking at the Brookings Institution in May 2018, was transparent about why corporate Democrats remain so enamored with him. “I love Bernie, but I’m not Bernie Sanders,” he said. “I don’t think 500 billionaires are the reason why we’re in trouble…. The folks at the top aren’t bad guys.”
No wonder Dianne Feinstein – snubbing fellow California senator Kamala Harris – recently hosted a high-profile fundraiser for Biden and last week formally endorsed him as “a tireless fighter for hardworking American families.” Feinstein’s net worth is close to $100 million, and her investment-banker husband Richard Blumis a billionaire.
At this point, the shaky Biden for President campaign appears to be the only realistic hope for those who want a defender of corporate greed at the top of the Democratic ticket next year. While progressives who understand Biden’s actual record are determined to prevent him from becoming the presidential nominee, “the folks at the top” are doubling down on their best chance to win the nomination for someone who says they “aren’t bad guys.”
Norman Solomon is co-founder and national coordinator of RootsAction.org. He was a Bernie Sanders delegate from California to the 2016 Democratic National Convention and is currently a coordinator of the relaunched independent Bernie Delegates Network. Solomon is the author of a dozen books including War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.
Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.
FOCUS: Trump's Saigon Evacuation Moment, as US Troops Flee and Syrian/Russian Forces Are Invited in by Kurds
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51519"><span class="small">Juan Cole, Informed Comment</span></a>
Monday, 14 October 2019 10:39
Cole writes: "In Syria, this is Trump's Saigon Moment. All US special forces personnel are being withdrawn from Syria after Turkish artillery targeted some of their bases to force them back from the border, and after Turkey cut off their supply lines."
Evacuation of Saigon. A CIA employee (probably O.B. Harnage) helps Vietnamese evacuees onto an Air America helicopter from the top of 22 Gia Long Street, a half mile from the U.S. Embassy. (photo: Getty Images)
Trump's Saigon Evacuation Moment, as US Troops Flee and Syrian/Russian Forces Are Invited in by Kurds
By Juan Cole, Informed Comment
14 October 19
or us oldsters, one of the iconic photographs of the twentieth century was the last US military helicopter taking off from the roof of the US embassy in Saigon, with desperate people hanging off it, fearful of what would happen to them when they fell into the hands of the victorious Viet Cong.
It happened on the watch of president Gerald Ford, though it was really Dick Nixon who negotiated a US defeat in Vietnam in 1972, after which the US began withdrawing. Ford nevertheless suffered some public opprobrium, and the debacle may have helped Jimmy Carter defeat him the following year.
In Syria, this is Trump’s Saigon Moment. All US special forces personnel are being withdrawn from Syria after Turkish artillery targeted some of their bases to force them back from the border, and after Turkey cut off their supply lines. At the same time, Syrian Arab Army troops are advancing on the Kurdish northeast of Syria, raising the danger of US troops getting caught in the crossfire. A thousand such troops are too few even to defend themselves, and although no one is saying so, I suspect they also fear the anger of their betrayed allies, the People’s Protection Units or YPG, among whom they have been embedded, but whom Trump has now turned over to Turkish president Tayyip Erdogan’s abattoir.
Ironically, the troops will evacuate to Turkey, presumably to Incirlik Air Force Base, which the US leases. Although the US military is hoping for an orderly retreat and successful deconfliction with Turkey’s military, the shadow of danger has fallen over US troops in the chaos of the fall of the Kurdish mini-state. Not since 1975 have they had to rush for the exits in quite this ignominious a fashion, and it is said that they are angry about it, especially about the US betrayal of the Kurds who bravely fought alongside them against ISIL.
As the US withdraws, Bashar al-Assad’s Syrian Arab Army is coming in. The YPG Kurds have already turned their checkpoints in east Aleppo over to the SAA, according to some reports.
It may seem like a long time ago, but Kobani was besieged by ISIL in September, 2014, and the dire character of their circumstances convinced the Obama administration to intervene for them from the air, a step toward deeper US involvement in Syria.
That partnership with the Kurds in pushing back ISIL, the cult of terror, is now over, as dozens of high-value ISIL captives have escaped in the chaos of the Turkish invasion.
Instead, the Kurds are appealing to Russia to mediate for them with the Syrian Baathist regime, a notoriously cruel and vindictive one-party state that sees the Kurds’ alliance with the US 2014-2019 as having been treasonous, as Al-Jazeera points out. The regime has tortured 10,000 dissidents to death, and even if its Syrian Arab Army troops do come in to frustrate the Turkish advance, they will almost certainly start rounding up Kurdish leaders of the autonomous Kurdish region.
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=49192"><span class="small">Rebecca Traister, The Cut</span></a>
Monday, 14 October 2019 08:14
Traister writes: "The reveal in Ronan Farrow's Catch and Kill is not that there are corrupt people; it's that corrupt people are in control of our media, politics, and entertainment and that, in fact, many of them remain in control - two years after the mass eruption of stories of harassment and assault that Farrow played a big part in precipitating."
Andrew Lack, Matt Lauer, and Noah Oppenheim. (photo: George Pimentel/WireImage/Getty Images)
Ronan Farrow Depicts a Chilling Cover-Up at NBC
By Rebecca Traister, The Cut
14 October 19
onan Farrow’s new book, Catch and Kill, which will be published on Tuesday, reads like a thriller, beginning with two Russian spies in an Uzbek restaurant in Brooklyn, before unwinding and building toward ever-darker revelation. And while it may be tempting to understand the book’s major bombshell as the on-the-record allegation that Matt Lauer anally raped Brooke Nevils, a younger NBC colleague with whom he went on to have an affair, it’s not the assault itself (which Lauer denies) that serves as the book’s chilling denouement.
Rather, it’s the whole, intricate puzzle Farrow puts together, with astounding reportorial reach and detail: a weave of phone conversations, texts, in-person meetings, the exchange of gifts and information between powerful people in network news, magazines, law firms, and politics — all, Farrow suggests, in service of the protection of powerful men and the suppression of stories about the harm that they’ve done.
The reveal in Catch and Kill is not that there are corrupt people; it’s that corrupt people are in control of our media, politics, and entertainment and that, in fact, many of them remain in control — two years after the mass eruption of stories of harassment and assault that Farrow played a big part in precipitating. In his detailed laying out of systemic dread, Farrow does much to vividly describe the kind of horror story we still live in, when it comes to harassment and assault and, more broadly, to power imbalances and abuses.
Farrow, like his New York Times peers Jodi Kantor and Megan Twohey in their recent book She Said, has chosen to frame his narrative around his own journalistic project — how he came to publish the blockbuster story of movie producer Harvey Weinstein’s serial sexual predation. But unlike Kantor and Twohey’s triumphal tale of working within a supportive news organization, much of Farrow’s story is about working against the news network, NBC, where he was employed as an on-air investigative journalist and where he did much of his reporting on Weinstein, though that reporting would never air. (He eventually published in The New Yorker).
It’s a neat trick, especially for someone who is himself the product of Hollywood power (albeit a particularly gothic strain of it), to be able to convey the meta-experience of being dead-ended within an institution not just determined but designed to quash stories of abuse. Farrow winds up filtering the feelings of powerlessness and paranoia that grip so many, so much less powerful than he, as they try to make their way through professional mazes built to trap, demoralize, intimidate, and ultimately sap them of their ability to fight back and tell their stories.
Farrow takes readers through every step of his struggle with his unwilling employer, every meeting with editors and producers and executives and lawyers, from whom he gets mixed messages, alternating enthusiasm and discouragement, until he bumps up against full-on obstruction from NBC and the double-dealing of his own sources and confidants. (In one of the most cinematic moments in the book, Farrow confronts the lawyer Lisa Bloom and reminds her that when he turned to her as a lawyer and friend near the start of his investigation, she’d sworn not to tell Weinstein’s people about his reporting. “Ronan,” she tells him over the phone near the end, “I am his people.” Bloom’s role in undermining Weinstein’s victims was also exposed in She Said.)
Throughout the book, there is a sense of suffocating foreboding, the dawning realization that almost no one in the narrative is clean. Early on, Farrow describes a meeting at which he sought professional guidance from Lauer. ”My future felt uncertain, and it meant a lot to me that Lauer was giving me the time,” Farrow writes, noting how, as he reels off a list of stories he wants to pursue, Lauer’s “eyes snapped back” at the mention of one on sexual harassment in Hollywood. Later, Farrow visits another NBC sage, the septuagenarian news anchor and legend Tom Brokaw, for advice as he’s getting stonewalled by network executives on his developing story. Brokaw (who would later be accused by former female colleagues of having made unwanted sexual advances) urges him to keep pushing, to do the right thing; he offers his formidable support.
Then Brokaw asks Farrow who the story is about. When Farrow says it’s Weinstein, he writes, the “warmth drained out of the room.”
“I have to disclose, Ronan,” Brokaw tells him in a voice we can all hear because it was the voice of American news for decades, “that Harvey Weinstein is a friend.”
They’re all friends, it feels, as you read this frightening volume, and it seems as though they all have bad histories with women, sex, and power, patterns they seem to have cultivated within the institutions that made them powerful and brought them together to begin with.
Noah Oppenheim, a Today show and NBC News executive to whom Farrow reported, shruggingly tells Farrow that during the 2016 election, women in NBC’s news team had reported sexual harassment by a Trump campaign official on the trail but weren’t eager to come forward publicly. Oppenheim, Farrow discovers, has been shrugging off abuses of gender and power for a long time; as an undergraduate, he wrote anti-feminist screeds for the Harvard Crimson. “To the angry feminists,” read one, “there is nothing wrong with single-sex institutions,” arguing for men’s clubs and noting that “women who feel threatened by the clubs’ environments should seek tamer pastures. However, apparently women enjoy being confined, pumped full of alcohol and preyed upon” — a prescient description of what Brooke Nevils says happened to her in Lauer’s hotel room. “They feel desired, not demeaned,” Oppenheim wrote as a student.
It was not long after, we learn, that Oppenheim was “discovered” while a college senior by Phil Griffin. Griffin is currently the president of MSNBC, and Farrow describes him as a crude boss who waves around a photo of a woman’s exposed vagina in a meeting, commenting, “Would you look at that? Not bad, not bad”; Farrow also reports that Griffin, while a senior producer at Nightly News in the 1990s, once pressured female producers to accompany him to a peep show in Times Square. In 2000, Griffin had been caught in a blizzard on his way back to New York, along with MSNBC’s Chris Matthews, the longtime host of Hardball, who had been reprimanded for verbally harassing an assistant producer in 1999 and was caught on tape joking in 2016 about slipping Hillary Clinton a “Bill Cosby pill” before interviewing her. Escaping the blizzard, Griffin and an unnamed colleague had “stopped off at Harvard Square and started talking to some undergraduate girls at a bar,” Farrow quotes Oppenheim as having described. “They followed them to a late-night party at the newspaper building and one picked up a copy of the paper” and read one of Oppenheim’s Crimson articles.
That’s how young Noah Oppenheim found his way to NBC News, where he’s been president since 2017 and where he continues to work alongside Griffin and Matthews, and also Andy Lack, chairman of NBC News and MSNBC, who Farrow reports has a history of hounding female employees into affairs with him. One former correspondent who worked for Lack at CBS describes being relentlessly pursued by him when he was her married executive producer in the 1980s: “If your boss does that, what are you gonna say? … If you say, ‘I don’t want to celebrate with you,’ you’re asking for trouble.’”
Around every airless corner is another troubling figure — most of them powerful men, some women, some merely weak lackeys, others double agents, all of them working in tandem to protect their power and each other. Farrow reports that the day after he met with David Corvo, another longtime NBC producer brought on to vet the Weinstein story, the network would finalize an almost $1 million separation agreement with a former NBC employee, who’d alleged that Corvo had pursued her inappropriately and doggedly in 2007 (NBC has denied that the employee’s payout had anything to do with her earlier complaints against Corvo). Farrow writes of an evening at a 2017 gala honoring NBC anchor Lester Holt and Amazon Studios head Roy Price (who would later resign after sexual-harassment allegations): “Jeffrey Tambor (who would also be accused of sexual harassment) … toasted Price. Noah Oppenheim did the honors for Holt, praising his unflinching coverage of tough stories. Then he returned to his seat at NBC’s table alongside David Corvo … Nearby, at Amazon’s table, Harvey Weinstein applauded.”
These are the people who catch Farrow in a web, obstructing his reporting on Weinstein for reasons it takes him the whole book to finally comprehend. Through it all, he documents — with reporting that has been vetted by a New Yorker fact-checker — that at least several of his bosses are in contact with Weinstein himself and, at one point, receive, during the days that Weinstein understands the story to have been killed, a celebratory bottle of Grey Goose (officially for something having to do with Megyn Kelly). In another instance, Farrow’s NBC superiors — acting, Farrow believes, at the suggestion of Weinstein himself — use Farrow’s own familial experience to delegitimize his story, arguing that he’ll be seen as having an ax to grind because of his feelings about his sister Dylan’s claims that their father Woody Allen molested her as a child.
Since reports of the book’s contents have leaked, NBC has vigorously denied Farrow’s account, claiming that they did not work in any way to suppress his reporting. In a story for Vanity Fair, Farrow’s producer Rich McHugh rejected NBC’s characterization of what happened.
Two years ago, I worried that we were understanding the stories we were hearing about harassment and assault as the wrong kind of horror, imagining them to be about singular monsters, Freddys and Jasons: supernaturally grotesque individuals who could be vanquished. Back then, my colleague Irin Carmon — who would go on to publicly decry the “system” of executive, legal, and network suppression of harassment stories she tried to report at the Washington Post, in a story that prefigured some of Farrow’s narrative here — had already observed to me that trying to report out stories of endless complicity, realizing that harassers and their protectors were everywhere, felt more like the scene in which Allison Williams dangles the keys in Get Out: “Trust no one.”
She was right, of course. Because Get Out was a movie about the psychological terror of racism and the legacy of systemic bias, its horror the exposure not just of a few villains, but of a network of purported allies, eager to exploit and terrorize.
The version of the story that’s about the individual Bad Guys works as a comfort and a balm, permits us to sit around and wonder what will happen to those “taken down” by Me Too, while the structures that supported them still stand strong. No matter how many individual bogeymen have lost their jobs, we live in a world in which our ability to evolve is still measured by our willingness to forgive them and return them to positions of power and not by a determination to elevate other kinds of people to positions of authority. The focus on the fates of those individuals draws our attention from the vast mechanisms of cover-up that remain in place and work to protect powerful perpetrators.
After Brokaw was accused in 2018 of kissing his colleague Linda Vester against her will in the 1990s, he wrote a letter in response, denying her claim and focusing on his own suffering, which he described as tantamount to being “perp-walked” and “taken to the guillotine.” In the days that followed, the network reportedly pressured its female employees to sign an open letter of admiration and support for him. “We felt forced to sign the letter,” one staffer later told Page Six. “[T]he unspoken threat was that if your name was not on it, there would be some repercussion down the road. Execs are watching to see who signed and who didn’t.” This staffer’s description eerily echoes Andy Lack’s alleged pursuit of his junior colleague: If your boss does that, what are you gonna say?
NBC is the network that sat on the tape of Donald Trump bragging about grabbing women by their pussies. It was NBC’s Lauer who sat in an anchor chair in 2016 — in part because he’d been well protected for years by a network that had worked to ignore and bury complaints of sexual misconduct — and who from that perch gave Trump an inept, softball interview in prime time. Before he lost his job for a habit of propositioning, groping, and rubbing his penis against female colleagues, NBC employed Mark Halperin, who on Morning Joe in 2016 dismissed New York Times reporting on Trump’s unwelcome advances toward and groping of women, telling America that “there’s nothing illegal, there’s nothing even kind of beyond boorish or politically incorrect, which is built into the Donald Trump brand. So if that’s the best they have … Trump can celebrate this story politically.”
Trump is president now. And while Lauer and Halperin may be gone, the network that paid and protected them to the last is intact. NBC News is still overseen by Noah Oppenheim, by Phil Griffin and Andy Lack and David Corvo. They decide, right now, who gets to sit at anchor desks and in guest chairs. (Disclosure: I have been a semi-regular unpaid guest in those chairs at MSNBC, though perhaps coincidentally, since publishing a July piece that was critical of NBC’s political coverage, especially with regard to gender and race, I have not appeared on air.)
Yes, as Farrow points out, NBC is also filled with great, hard-working, ethical journalists, the vast majority of whom have never made jovial cracks about slipping presidential candidates rape pills. But the people who are in charge, at the top, actually shaping the coverage and thus the American understanding of the world, are the ones who went to strip clubs and late-night Harvard parties together, who followed undergraduate girls, who patted each other on the back as they got awards and covered up each other’s affairs and harassment and assault of junior co-workers: These are the guys who run one of the nation’s news networks.
They are responsible for telling millions of people the story of our nation, explaining power itself, in 2020. These men decide how to frame coverage of the Supreme Court, on which sits one justice credibly accused of sexual harassment and one justice credibly accused of sexual assault; this term, that court will decide crucial cases about LGBTQ discrimination and reproductive rights.
While I was reading Farrow’s book, a friend walking in Manhattan snapped a picture of a curious sight: It was Harvey Weinstein, whose trial has been postponed until January, sitting alone on a chilly night, smoking a cigarette at a sidewalk table at Cipriani, a media and entertainment destination where powerful people used to go to be seen. Weinstein looked slumped and haggard; it was two years to the week that the original stories about him had run. I stared at the photo of this diminished man, but I didn’t feel much.
I’ve been asked so often what I think should happen to these guys, the monsters whose badness has been exposed, who’ve been knocked from their thrones, either temporarily or permanently. Prison? Forgiveness? Rehabilitation? I don’t have any answers to those questions. I don’t long for anyone to suffer, to be jobless or friendless or depressed; I don’t yearn to see anyone — not even Harvey — in prison; I really don’t. That’s partly because I don’t believe in prison, but also because I know that locking up a couple of bad guys won’t fix what’s broken.
What I want is not even for all the bad people to be punished; all I really want is for them not to be in charge anymore.
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