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Read one reporter's story about trying
to get the facts surrounding the 2000 election in Florida out to
the public. Among other things, the following horror story should
put to rest any lingering notions of a "Liberal Bias"
in mainsteam media, and may also give you reason to question whether
this country has "Freedom of the Press" any longer.
The Silence of the Lambs: An American
in Journalistic Exile by Greg Palast
Here's how your president was elected:
In the months leading up to the November balloting, Florida Governor
Jeb Bush and his secretary of state, Katherine Harris, ordered local
elections supervisors to purge fifty-eight thousand voters from
registries on grounds they were felons not entitled to vote in Florida.
As it turns out, only a handful of these voters were felons. The
voters on this scrub list were, notably, African American (about
54 percent), and most of the others wrongly barred from voting were
white and Hispanic Democrats.
Three weeks after the election, this
extraordinary news ran, as it should, on page one of the country's
leading paper. Unfortunately, it was in the wrong country: Britain.
In the U.S.A., it ran on page zero. The story was not covered on
the news pages. It was given big network television coverage. But
again, it was on the wrong continent - on BBC television, London.
Was this some off-the-wall story
that the Brits misreported? A lawyer for the U.S. Civil Rights Commission
called it the first hard evidence of a systematic attempt to disenfranchise
black voters; and the commission held dramatic hearings on the evidence.
So why was this story investigated,
reported, and broadcast in Europe?
I'd like to know the answer. That
way I could understand why a southern California hodaddy with a
wife and kiddies has to commute to London to tell this and other
stories about my country.
The question, why from Europe? is
best phrased as, How did a hundred thousand American journalists
sent to cover the election fail to get the vote theft story and
print it (and preferably before the election)?
Think about all the tales of investigative
reporting in this book. They share three things: They are risky,
they upset the wisdom of the established order, and they are very
expensive to produce. Do profit conscious enterprises, whether media
companies or widget firms, seek extra costs, extra risk, and the
opportunity to be attacked? Not in any business text I've ever read.
But if profit-lust is the ultimate
problem blocking significant investigative reportage, the more immediate
cause of comatose coverage of the election and other issues is what
is laughably called America's journalistic culture. If the Rupert
Murdochs of the globe are shepherds of the new world order, they
owe their success to breeding a flock of docile sheep; snoozy editors
and reporters who are content to munch on, digest, and then reprint
a diet of press releases and canned stories provided by officials
and corporate public relations operations.
Take this story of the list of Florida's
faux felons that cost Al Gore the election. Shortly after the British
story hit the World Wide Web, I was contacted by a CBS TV network
news producer ready to run their own version of the story. The CBS
hotshot was happy to pump me for information: names, phone numbers,
all the items one needs for a quickie TV story.
I also freely offered up to CBS this
information. My first story was about voters falsely accused of
felonies; my new story was about those who did in fact serve time
but, nevertheless had the right to vote. The office of the governor
of Florida, Jeb Bush, brother of the Republican presidential candidate,
had illegally ordered the removal of the names of felons from voter
rolls - real felons - but with the right to vote under Florida law.
As a result, fifty thousand of these legal voters, almost all Democrats,
could not vote.
One problem: I had not quite completed
my own investigation on this matter. Therefore CBS would have to
do some actual work, reviewing documents and law, obtaining statements.
The next day I received a call from the producer who said, I'm sorry,
but your story didn't hold up. Well, how did the multibillion-dollar
CBS network determine this? Why, we called Jeb Bush's office. Oh.
And that was it.
I wasn't surprised by this type of
investigation. It is, in fact, standard operating procedure for
the little lambs of American journalism. One good, slick explanation
from a politician or corporate chieftain and it's case closed, investigation
over. The story ran anyway-on BBC-TV.
Let's understand the pressures on
the CBS producer that led her to kill the story on the basis of
a denial by the target of the allegations. (Though let's not confuse
understanding with forgiveness.) First, the story is difficult to
tell in the usual ninety seconds allotted for national reports.
The BBC gave me a fourteen-minute slot to explain it.
Second, the story required massive
and quick review of documents, hundreds of phone calls and interviews,
hardly a winner in the slam-bam-thank-you-ma'am American school
of journalism. The BBC gave me six weeks to develop the story.
Third, the revelations in the story
required a reporter to stand up and say that the big-name politicians,
their lawyers, and their PR people were freaking liars. It would
be much easier, and a heck of a lot cheaper, to wait for the U.S.
Civil Rights Commission to do the work, then cover the commission's
canned report and press conference. Wait! You've watched Murphy
Brown, so you think reporters hanker every day to uncover the big
scandal. Bull. Remember, All the President's Men was so unusual
they had to make a movie out of it.
Fourth, investigative reports require
taking a chance. Fraudsters and vote-riggers don't reveal all their
evidence. And they lie. Make the allegation and you are open to
attack or unknown information that may prove you wrong. No one ever
lost his job writing canned statements from a press conference.
Meanwhile, back in sunny England.
. .
My paper received about two thousand
bless-you-Britain-for-telling-us-the-truth-about-our-election letters
from U.S. Net-heads who were circulating the samizdat presidential
elections coverage. Also I received a few like this:
You pansey [sic] brits seem to think
that the average American is as undereducated and stupid as the
average British subject. Well comrad [sic], I'm here to tell you.
. .
which ended with some physically
unfeasible suggestions of what to do with the Queen.
My editor noticed only one-a letter
demanding retraction of my first article on Katherine Harris's phony
voter purge-or else. It was from Carter-Ruck, a law firm with the
reputation as the piranhas of the libel bar in England. They had
cornered the market in representing foreign millionaires unhappy
about their press. They did not represent the Bush family, but a
company that had once employed George Bush Sr. (Bush resigned from
this in 1999), a Canadian goldmining company originally funded by
arms dealer Adnan Khashoggi.
You didn't know that Poppy Bush went
to work for a Canadian mining company after he left the White House?
Of course not - the firm has sued, or threatens to sue, any paper
or person who reports on them in ways they find less than flattering.
My reports on the Florida ballot
shenanigans first began as a sidebar to this story about the cash
flowing into Bush family bank accounts and campaign war chests from
firms for which the elder Bush performed favors after leaving the
White House.
Who were these Canadian guys who
could hire our former president and his Rolodex? If American papers
weren't curious, Britons found this stuff fascinating. This Canadian
company, Barrick Gold, had purchased a mine, with Bush's apparent
help, in Tanzania. I had received information from Africa that in
1996 the previous owner of the mine had allegedly buried alive fifty-some
jewelry miners who had refused to leave the property. Sickening
stuff, these allegations were also mentioned in a report by Amnesty
International, which I cited. I also cited Barrick's denial. Barrick
had bought the mine in 1999.
Barrick Gold and its demi-billionaire
chairman demanded that my paper retract the allegations of killings.
They demanded that we print that the Guardian newspapers were happy
to confirm that no one died at that mine. A Canadian newspaper that
had picked up my story already had grabbed their ankles and run
that incredible retraction.
In England, there is no defense of
repetition. That is, I can't say I accurately reported on the Amnesty
allegations; I have to prove that miners were actually buried alive
in Tanzania. We called Amnesty, which courageously refused to help,
announced it would be silent on advice of lawyers, and allowed the
company to state that Amnesty had cleared the company.
I was ready to go along with some
kind of apology and retraction, only because I was living on Red
Bull, potassium powder, and no sleep, trying to get out the elections
story, and I sure as hell didn't need another distraction.
But I had a problem. Our paper encouraged
a human rights attorney to go to the Tanzanian mine. He came back
with witness statements, photographs of a dead exhumed body, and
videotapes showing bodies being exhumed from the mine pits. His
name is Tundu Lissu - and when the company found out about his investigation,
they threatened him with a lawsuit as well.
That's when I lost any sense of reason.
I hinted that if the Guardian fabricated a lie to save a few shekels,
I might have a claim against my own paper for defaming me as a journalist.
I'd never do it; the threat was nuts (not exactly a career-maker),
but my paper hesitated about giving in-and got sued by Barrick.
It was December. The money clock on legal fees was now ticking,
making me the most expensive journalist at the Guardian papers.
Meanwhile, back in the U.S.A. . .
.
Salon. com, the Internet magazine,
ran my story on the theft of the elections. It wasn't-exactly print,
but at least it was American. And now columnists like Bob Herbert
of the New York Times picked it up, and some radio talk shows too.
But still, not one news editor called, not even from the Washington
Post, with whom the Guardian shares material.
From a news view, and the flood of
site hits, this was Salon.com's biggest political story ever-and
it named part 1 its political story of the year.
But where was part 2? On its Web
site and on radio programs, the magazine was announcing part 2 would
appear in two days. . . and in two days. . . and in two days. .
. and nothing appeared. Part 2 exposed how Jeb Bush violated court
orders by refusing to register to vote over fifty thousand people
who had criminal records in other states. (Florida law bars the
vote only to the state's own felons and those in a dozen other states.)
The fact that 90 percent of these voters were Democrats should have
made it news because this maneuver alone more than accounted for
Bush's victory.
I was going crazy: Gore had not yet
conceded. The timing of part 2 was crucial. Where the hell was it?
Finally, the editor told me: the Washington bureau chief (quite
a title for Salon) had determined that the story didn't check out.
You see, we checked with Jeb Bush's office and they said. . .
Agh! It was deja vu all over again.
I called the bureau chieftain himself,
who sniffed, I used to work for the Washington Post, you know. And
the Post would never run this story.
Well, he had me there. They hadn't,
they didn't. Not yet. So God bless America.
Meanwhile, back in sunny England.
. .
Bad news. In the middle of trying
to get out the word of the theft of the election in Florida, I was
about to become the guinea pig, the test case, for an attempt by
a multinational corporation to suppress free speech in the U.S.A.
using British libel law.
Here's something I bet you didn't
know about Britain: there is no freedom of the press. There is no
First Amendment. England is one of the few nations on earth without
a written guarantee of freedom of speech or press. That's why we
Americans celebrate July 4th. Britons don't have freedom of the
press, and they don't want it - not the public, not the government,
and, weirdly, not the editors or the publishers.
This hit me on the head in 1999 when
my paper was facing charges under the Official Secrets Act. The
Guardian had published an innocuous letter by a former MI-5 agent
in the Letters to the Editor section. In the U.K., it's a serious
violation of the law to publish anything by a former agent - even
a Christmas card. (The last example is not hypothetical.) My editor
argued with me in favor of the Official Secrets Act, the very law
under which he at that moment faced unlimited jail time. It brought
home that Britons are subjects, not citizens.
Lacking a First Amendment, Britain
has become the libel suit capital of the world. Stories printed
anywhere else draw steep judgments in London. Guardian newspapers
receive notice of suit or service of suit about three times a day
- that's one thousand libel notices a year! This creates a whole
encyclopedia of off-limits topics, including an admonition from
our legal department not to disparage the marriage of Tom Cruise
and Nicole Kidman (sent the day after they announced their divorce).
Britain's libel law has privatized
censorship. No paper could afford to defend all these actions. One
excellent reporter, chosen journalist of the year, told me to just
sign anything and get out of it. That's just how it's done here.
And Floyd Abrams, who defends the New York Times in the U.S. and
Europe, explained, the truth alone is not a defense in England.
All my photos of dead bodies in Tanzania meant nothing in our case.
(Barrick counters that the bodies in the film did not come from
their mine site or were not victims of the clearance operation.)
And now the Canadian Goldfingers
were about to try something new in the British censorship game:
annul the U.S. Bill of Rights. Their legal gambit was brilliant.
I have a U.S.-based Web site for Americans who can't otherwise read
or view my BBC and Guardian stories. The gold mining company held
my British newspaper liable for aggravated damages for publishing
the story in the U.S.A. If I did not pull the Bush/Barrick story
off my U.S. Web site, my paper would face a ruinous bill.
The legal department begged me to
pull not just English versions of the story but my Spanish translation,
printed in Bolivia. ÁCaramba! I resisted.
But Goldfinger was not done. Their
lawyers told our paper that I personally would be sued in the U.K.
over my American Web publications of my story - because the Web
could be accessed in Britain. The success of this legal theory would
further chill U.S. publishers with international sales. Suddenly,
instead of the internet becoming a means of spreading press freedom,
the means to break through censorship, it would become the electronic
highway delivering repression.
And repression was winning. InterPress
Services (IPS) of Washington, D.C., sent a reporter to Tanzania.
They received a note from Barrick that said if the wire service
even mentioned the allegations of killings, even with Barrick's
denial, Barrick would sue. The IPS story never ran. Lawyers told
the reporter that there were a couple of newspaper customers in
Canada (which inherited British libel laws), and the U.S.-based
wire service couldn't chance it. The internet reach threat was biting.
I chose to fight. In July I issued
an alert to human rights groups worldwide. My paper went ballistic:
In the U.K., one can't complain about being sued for libel, because
under their libel law, a paper is guilty of defamation until it
proves itself innocent. Therefore, publicly defending oneself repeats
the libel and makes the paper and reporter subject to new damages
and court sanctions. Kafka had nothing on the British court system.
Most of my colleagues were sympathetic,
but not all. As one noted, any other reporter would have been sacked
on the spot. And now my paper was flooded with thousands of we-support-your-courage
letters.
The pressure was on. And, I'm pleased
to say, my editor refused to sign the abject, lying retraction-just
fifteen minutes before the court-imposed deadline. Then he sent
me this encouraging note: "We are now going to spend hundreds
of thousands on some fucking meaningless point you are trying to
make. I hope you are happy."
Meanwhile, back in the U.S.A. . .
.
In February 2001, I took my BBC film
crew to Florida, having unearthed a page marked "secret" and
"confidential" from the contract between Florida and the company
the state had hired to make up the list of names to purge from the
voter rolls. Here it was, smoking gun evidence that the Republican
officials knew their operation had knowingly wiped out the voting
rights of thousands of innocent voters, most of them African Americans.
(I wondered why not one American
news outlet had bothered to obtain these documents, available through
Florida's freedom-of information law. But I did find this in the
files: The Orlando Sentinel had been suspicious of the conduct of
the voter purge before the election. The government e-mail was a
gloating message that the Sentinel had been thrown off the scent
by that brilliant ploy: flat-out official denial and a schmooze
job, which the Sentinel ran as fact.)
It was February. I took my camera
crew into an agreed interview with Jeb Bush's director of the Florida
Department of Elections. When I pulled out the confidential sheet,
Bush's man ripped off the microphone and did the fifty-yard dash,
locking himself in his office, all in front of our cameras. It was
killer television and wowed the British viewers. We even ran a confession
from the company. Newsworthy for the U.S.A.? Apparently not.
My program, Newsnight, has a film-trading
agreement with ABC Nightline, a kind of sister show. Over twenty
thousand Net-heads in the United States saw the BBC Webcast, a record;
and they banged ABC TV with demands to broadcast the BBC film, or
at least report on it.
Instead, Nightline sent down its
own crew to Florida for a couple of days. They broadcast a report
that ballots are complex and blacks are not well educated about
voting procedures. The gravamen of the story was blacks are too
freakin' dumb to figure out how to vote. No mention that in white
Leon County, machines automatically kicked back faulty ballots for
voter correction; whereas, in very black Gadsden County, the same
machines were programmed to eat mismarked ballots. (That was in
our story, too.)
Why didn't ABC run the voter purge
story? Don't look for some big Republican conspiracy. Remember the
three elements of investigative reporting: risk, time, money. Our
BBC/Guardian stories required all of that, in short supply in American
news operations.
Meanwhile, back in sunny England.
. .
My paper was again ready to throw
me to the dogs. Understandably, they couldn't spend half a million
pounds defending a story about a Canadian company in Tanzania, dead
bodies or no. But in July, human rights groups bombarded Barrick's
Toronto headquarters with petitions demanding they stop trying to
censor the story and permit a public inquiry into the alleged killings.
And Barrick started to give, getting nervous, offering my paper
a (relatively) cheap out.
Would my paper still have to confirm
no killings took place? Under the horrific British system, a statement
that no one died, read in open court, would have given this factoid
the virtual force of law, barring any paper from reporting otherwise.
While Amnesty International's leaders
hid under their desks (despite Bianca Jagger's several phone lectures),
other groups - Friends of the Earth (Holland), Comer House (U.K.),
and Britain's National Union of Journalists - took the extraordinary
step of intervening in the libel action under a rarely used provision
of the law allowing third parties to argue against the settlement
of a lawsuit in a manner that could harm the public interest. They
presented the judge with evidence of the Tanzanian killings, with
a plea to keep the matter open.
Astonishingly, the judge accepted
the interveners' position, requiring Barrick to accept that the
agreement with the Observer did not foreclose allegations of the
killings. So that's how it ended: a halfbaked apology from my paper
and Barrick frustrated, unable to extract a statement that no one
died at the mine. Hooray.
Well, half a hooray. I still faced
personal ruin. The threat of a lawsuit against a reporter after
settling with a paper was not cricket even by English legal traditions.
But Barrick told my paper's attorneys that it was still prepared
to sue me in the United Kingdom.
Barrick's decision to sue depended,
their lawyers said, on my behavior in the United States and Canada.
So I went on the radio in Toronto,
where Barrick is headquartered. I talked about Barrick, the Tanzanian
mine, and censorship.
As I write, I'm waiting for the writ.
My woes are nothing. The Tanzanian papers splashed the story and
as a result, lawyer Tundu Lissu is facing charges of sedition there
for releasing the videotape.
Meanwhile, back in the U.S.A. . .
.
My part 2 on the theft of the elections
found asylum in that distant journalistic planet not always visible
to the naked eye, the Nation magazine. Bless them.
In May, the U.S. Civil Rights Commission
prepared to report on the election in Florida. They relied heavily
on the material uncovered by the BBC for the core of their commission's
f~ding of systematic voter disenfranchisement in Florida. Our documents
were their main evidence used in witness cross-examinations.
And then, mirabile dictu, the Washington
Post ran the story of the voter purge on page one, including the
part that couldn't stand up for CBS and Salon, and even gave me
space for a bylined comment. Applause for the Post's courage!
Would I be ungrateful if I suggested
otherwise? The Post ran the story in June, although they had it
at hand seven months earlier while the ballots were still being
counted. They waited until they knew the findings of the U.S. Civil
Rights Commission Report, so they could fire from behind that big,
safe rock of official imprimatur. In other words, the Post had the
courage to charge out and shoot the wounded.
So there you have it. Take your pick:
Work in the United Kingdom where editors are scared of lawsuits,
or America, where editors are scared of their own shadows.
And then came September 11 . . .
Journalism is a planet whose inhabitants
are rewarded for big mouths and instant answers. On September 11,
the vomit of journobabble began before the World Trade Center towers
hit the ground. In the U.S., professional hair-do Tom Brokaw was
typical. He didn't know who did it, but he knew why: Someone hated
these symbols of American capitalism and our spirit of freedom.
Across the Atlantic, colleagues at Guardian newspapers were just
as swift to wag their fingers in print, blaming the attack, as Europeans
are accustomed, on the Jews (by way of "Imperial IsraelÓ) and gloating
that it was about time the Americans learn why everyone hates them.
I spent the day just outside New
York, uselessly staring at my laptop, silent and worried sick about
my friends on the fifty-second floor of Tower One where I had worked
for many years. A simple question nagged at me: not the grandly
philosophical why? but how? How had the FBI, CIA, America's zillion-dollar
intelligence apparatus missed this one? Over the next two months,
I found a frightening answer: They were told not to look.
A group of well-placed sources-not-all-too-savory-spooks
and arms dealers-told my BBC team that before September 11 the U.S.
government had turned away evidence of Saudi billionaires funding
Osama bin Laden's network. Working with the Guardian and the National
Security News Service of Washington, we got our hands on documents
that backed up the story that FBI and CIA investigations had been
slowed by the Clinton administration, then killed by Bush Jr.'s
when those inquiries might upset Saudi interests.
The story made the top of the news
- in Britain. In the U.S., one television reporter picked up the
report. He was called, he says, by network chiefs, and told to go
no further. He didn't. Rick MacArthur, publisher of Harper's, asked
me why the story did not run in the U.S.A.
Suggested responses welcome.
Palast is an American who writes
for the Guardian and Observer newspapers of London and reports for
the BBC's Newsnight, a 60-Minutes-style newsprogram. Palast abandoned
hopes of working in America when the mainstream press failed to
report on his groundbreaking exposes known for stripping bare abuses.
Two documentaries about his investigation of the "presidential
election rip-off" will soon be released in America. Palast
is author of the book The Best Democracy Money Can Buy: Incendiary
Writings of an Investigative Reporter (Pluto Press, 2002).
The above story was taken from "Into
the Buzzsaw: Leading Journalists Expose the Myth of a Pree Press,"
Edited by Kristina Borjesson, Prometheus Books, 59 John Glenn Drive,
Amherst, New York, 14228-2197, copyright 2002, pp. 65-75. In this
book, eighteen top journalists recount their experiences with censorship
and cover-ups. It's exciting reading, like 18 thrilling and suspenseful
espionage tales collected between two covers. Quoting Publisher's
Weekly: "If members of the general public read this book, or
even portions of it, they will be appalled. To the uninitiated reader,
the accounts of what goes on behind the scenes at major news organizations
are shocking."
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