Harvey Weinstein’s not the only one spying on reporters

Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech. – Benjamin Franklin

 

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Harvey Weinstein had no qualms about spying on journalists to protect himself, or even using journalists to acquire information he could use against his accusers.

He used Dylan Howard, the chief content officer of American Media Inc., publisher of the National Enquirer, who passed on information about Weinstein’s accusers gleaned by his reporters.

Then there was the freelance writer hired by Black Cube, a private intelligence agency, who passed on information about women with allegations against Weinstein.

Sounds creepy. But Weinstein’s not the only one spying on reporters and he’s not the only one trying to undermine and disparage journalists.

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Walmart just removed a t-shirt like the one above from its website, following a complaint from a journalist advocacy group.
The shirt was listed on Walmart’s website through a third-party seller, Teespring, which allows people to post their own designs for sale.

The Columbia Journalism Review just reported that Attorney General Jeff Sessions has said criminal investigations into the sources of journalists are up 800 percent and he’s vowed to “revisit” the Justice Department’s media guidelines that restrict how the US government can conduct surveillance on reporters.

Then there’s Breitbart chairman Steve Bannon who sent two reporters to Alabama to dig up dirt on reporting done by the Washington Post about Alabama Republican Roy Moore. Breitbart’s goa, according to Axios, is to undermine the work of Post reporters Stephanie McCrummen, Beth Reinhard, and Alice Crites.

How about when the Koch brothers allegedly hired private investigators to dig into Jane Mayer’s past while she was working on her book, “Dark Money,” which accuses the Kochs and other wealthy plutocrats of hijacking American democracy.

At one point, Mayer heard that she was going to be accused of plagiarizing other writers. According to the New York Times, a dossier of her supposed plagiarism had been provided to The New York Post and The Daily Caller. The writers insisted there had been no plagiarism, causing the smear to collapse.

Three years later Mayer said she traced the plagiarism accusation to a firm involving several people who have worked closely with Koch business concerns. The firm was Vigilant Resources International, whose founder and chairman, Howard Safir, had been New York City’s police commissioner under former New York City Mayor Rudolph Giuliani.

“Smearing Mayer is reflective of Safir’s contempt for reporters and the media in general when he was police commissioner,” said a Newsday reporter.

In June of this year the New York Post reported that the Trump administration was spying on journalists who have been handed leaked information.

The Post said the Justice Department has obtained a legal warrant from the US Foreign Intelligence Surveillance Court to conduct electronic surveillance on reporters who were known to have published articles based on leaked information.

The surveillance was reported to be part of the Trump administration’s attempts to clamp down on leaks from within the White House and government departments.

In some respects, there’s nothing new about all this.

In 2013, the Justice Department advised the Associated Press (AP) that Federal investigators had secretly seized two months of phone records for reporters and editors of the AP. The government had obtained the records for more than 20 telephone lines of its offices and journalists, including their home phones and cellphones.

Gary Pruitt, the president and chief executive of AP, sent a letter to Attorney General Eric H. Holder Jr. calling the seizure, a “massive and unprecedented intrusion” into its news gathering activities.

There’s so much concern within the journalism community about government spying that the Knight First Amendment Institute at Columbia University and Freedom of the Press Foundation are teaming up to find out what’s going on.

On Nov. 29, they filed a Freedom of Information Act lawsuit against the Justice Department and several intelligence agencies, demanding records revealing how the government collects information on journalists and targets them with surveillance.

Weinstein abused the press, too.

The only reason one will respect you as a journalist is because of your integrity. Your integrity is based on your credibility. Your credibility comes from your truthfulness.

Shaka Ssali, a Ugandan born American journalist

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Sexual harassment isn’t Harvey Weinstein’s only sin and women weren’t his only victims. He has also wounded journalists.

Yes, I know, the public’s mistrust of the media is already extreme, but the Weinstein imbroglio has made things worse. It did so by using journalists in his effort to discredit his accusers and employing fake journalists to ferret out damaging information on them.

I’m sensitive to this because I worked as a reporter for 10 years and learned a lot of lessons about the importance of honesty and trust in journalism.

I once investigated an apparent scam artist who was purportedly bilking people out of their money. I was making a lot of progress when the man got suspicious and asked if I was a reporter. I figured it was OK to fudge, so I hemmed and hawed and didn’t admit that I was. When I told my editor what I’d done he pulled me off the story. “We do not conceal our identity as a reporter when asked,” he said. “It undermines our credibility.”

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In the Weinstein case, clearly, no such standards of truthfulness or integrity applied to:

  • Black Cube, a private intelligence agency hired by Weinstein to undermine his accusers (Ronan Farrow, who broke the Weinstein spying story in the New Yorker, identified Black Cube as a key player in the Weinstein case).
  • Dylan Howard, the chief content officer of American Media Inc., publisher of the National Enquirer, who passed on to Weinstein’s people information gleaned by his reporters.
  • The freelance writer hired by Black Cube who passed on information from women with allegations against Weinstein, including the actress Annabella Sciorra, who later went public in The New Yorker with a rape allegation against Weinstein, or
  • Other journalists enlisted by Weinstein to uncover information he could use to compromise the credibility of women he’d abused.

Unfortunately, Weinstein isn’t the only guilty party in the reporter impersonation game. Recent incidents include:

  • In April 2017, Barron’s, a prominent financial magazine, said it had learned that somebody posing as one of its reporters contacted investment researchers, a hedge fund and the editor of the Capitol Forum, a Washington media outfit, about a controversial stock.
  • On Nov. 15, the Washington Post reported that a robocall from someone posing as a Post reporter offering money for “damaging remarks” about Alabama Republican Roy Moore was fake.
  • Earlier this month, the Associated Press reported that on Nov. 13, 2017, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard arguments in a case that grew out of an FBI agent pretending to be an Associated Press journalist as part of an investigation into bomb threats at a high school in Washington state.

In 2015, AP’s general counsel, Karen Kaiser, wrote to then-U.S. Attorney General Eric H. Holder Jr. that the government’s conduct in the Washington case raised “serious constitutional concerns.”

“I think it could erode people’s trust in reporters if one of your sources doesn’t know whether you’re really a reporter or the police,” Aaron Caplan, a professor at Loyola Law School, told the Los Angeles Times. “They may be less willing to share information with you. That hurts the public.”

That’s equally true if the public isn’t sure if doesn’t know if you are a real reporter investigating a story or a snitch for the story’s subject.

The behavior of Weinstein’s minions is a shameful abuse of journalism. The media and the public are going to be dealing with its repercussions for a very long time.