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Behind TV Analysts, Pentagon’s Hidden Hand

NYT

20 April 2008

http://www.nytimes.com/2008/04/20/washington/20generals.html

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Behind TV Analysts,

Pentagon’s Hidden Hand

April 20, 2008
The New York Times
By DAVID BARSTOW

In the summer of 2005, the Bush administration confronted a fresh wave of criticism over Guantánamo Bay. The detention center had just been branded “the gulag of our times” by Amnesty International, there were new allegations of abuse from United Nations human rights experts and calls were mounting for its closure.

The administration’s communications experts responded swiftly. Early one Friday morning, they put a group of retired military officers on one of the jets normally used by Vice President Dick Cheney and flew them to Cuba for a carefully orchestrated tour of Guantánamo.

To the public, these men are members of a familiar fraternity, presented tens of thousands of times on television and radio as “military analysts” whose long service has equipped them to give authoritative and unfettered judgments about the most pressing issues of the post-Sept. 11 world.

Hidden behind that appearance of objectivity, though, is a Pentagon information apparatus that has used those analysts in a campaign to generate favorable news coverage of the administration’s wartime performance, an examination by The New York Times has found.

The effort, which began with the buildup to the Iraq war and continues to this day, has sought to exploit ideological and military allegiances, and also a powerful financial dynamic: Most of the analysts have ties to military contractors vested in the very war policies they are asked to assess on air.

Those business relationships are hardly ever disclosed to the viewers, and sometimes not even to the networks themselves. But collectively, the men on the plane and several dozen other military analysts represent more than 150 military contractors either as lobbyists, senior executives, board members or consultants. The companies include defense heavyweights, but also scores of smaller companies, all part of a vast assemblage of contractors scrambling for hundreds of billions in military business generated by the administration’s war on terror. It is a furious competition, one in which inside information and easy access to senior officials are highly prized.

Records and interviews show how the Bush administration has used its control over access and information in an effort to transform the analysts into a kind of media Trojan horse — an instrument intended to shape terrorism coverage from inside the major TV and radio networks.

Analysts have been wooed in hundreds of private briefings with senior military leaders, including officials with significant influence over contracting and budget matters, records show. They have been taken on tours of Iraq and given access to classified intelligence. They have been briefed by officials from the White House, State Department and Justice Department, including Mr. Cheney, Alberto R. Gonzales and Stephen J. Hadley.

In turn, members of this group have echoed administration talking points, sometimes even when they suspected the information was false or inflated. Some analysts acknowledge they suppressed doubts because they feared jeopardizing their access.

A few expressed regret for participating in what they regarded as an effort to dupe the American public with propaganda dressed as independent military analysis.

“It was them saying, ‘We need to stick our hands up your back and move your mouth for you,’ ” Robert S. Bevelacqua, a retired Green Beret and former Fox News analyst, said.

Kenneth Allard, a former NBC military analyst who has taught information warfare at the National Defense University, said the campaign amounted to a sophisticated information operation. “This was a coherent, active policy,” he said.

As conditions in Iraq deteriorated, Mr. Allard recalled, he saw a yawning gap between what analysts were told in private briefings and what subsequent inquiries and books later revealed.

“Night and day,” Mr. Allard said, “I felt we’d been hosed.”

The Pentagon defended its relationship with military analysts, saying they had been given only factual information about the war. “The intent and purpose of this is nothing other than an earnest attempt to inform the American people,” Bryan Whitman, a Pentagon spokesman, said.

It was, Mr. Whitman added, “a bit incredible” to think retired military officers could be “wound up” and turned into “puppets of the Defense Department.”

Many analysts strongly denied that they had either been co-opted or had allowed outside business interests to affect their on-air comments, and some have used their platforms to criticize the conduct of the war. Several, like Jeffrey D. McCausland, a CBS military analyst and defense industry lobbyist, said they kept their networks informed of their outside work and recused themselves from coverage that touched on business interests.

“I’m not here representing the administration,” Dr. McCausland said.

Some network officials, meanwhile, acknowledged only a limited understanding of their analysts’ interactions with the administration. They said that while they were sensitive to potential conflicts of interest, they did not hold their analysts to the same ethical standards as their news employees regarding outside financial interests. The onus is on their analysts to disclose conflicts, they said. And whatever the contributions of military analysts, they also noted the many network journalists who have covered the war for years in all its complexity.

Five years into the Iraq war, most details of the architecture and execution of the Pentagon’s campaign have never been disclosed. But The Times successfully sued the Defense Department to gain access to 8,000 pages of e-mail messages, transcripts and records describing years of private briefings, trips to Iraq and Guantánamo and an extensive Pentagon talking points operation.

These records reveal a symbiotic relationship where the usual dividing lines between government and journalism have been obliterated.

Internal Pentagon documents repeatedly refer to the military analysts as “message force multipliers” or “surrogates” who could be counted on to deliver administration “themes and messages” to millions of Americans “in the form of their own opinions.”

Though many analysts are paid network consultants, making $500 to $1,000 per appearance, in Pentagon meetings they sometimes spoke as if they were operating behind enemy lines, interviews and transcripts show. Some offered the Pentagon tips on how to outmaneuver the networks, or as one analyst put it to Donald H. Rumsfeld, then the defense secretary, “the Chris Matthewses and the Wolf Blitzers of the world.” Some warned of planned stories or sent the Pentagon copies of their correspondence with network news executives. Many — although certainly not all — faithfully echoed talking points intended to counter critics.

“Good work,” Thomas G. McInerney, a retired Air Force general, consultant and Fox News analyst, wrote to the Pentagon after receiving fresh talking points in late 2006. “We will use it.”

Again and again, records show, the administration has enlisted analysts as a rapid reaction force to rebut what it viewed as critical news coverage, some of it by the networks’ own Pentagon correspondents. For example, when news articles revealed that troops in Iraq were dying because of inadequate body armor, a senior Pentagon official wrote to his colleagues: “I think our analysts — properly armed — can push back in that arena.”

The documents released by the Pentagon do not show any quid pro quo between commentary and contracts. But some analysts said they had used the special access as a marketing and networking opportunity or as a window into future business possibilities.

John C. Garrett is a retired Army colonel and unpaid analyst for Fox News TV and radio. He is also a lobbyist at Patton Boggs who helps firms win Pentagon contracts, including in Iraq. In promotional materials, he states that as a military analyst he “is privy to weekly access and briefings with the secretary of defense, chairman of the Joint Chiefs of Staff and other high level policy makers in the administration.” One client told investors that Mr. Garrett’s special access and decades of experience helped him “to know in advance — and in detail — how best to meet the needs” of the Defense Department and other agencies.

In interviews Mr. Garrett said there was an inevitable overlap between his dual roles. He said he had gotten “information you just otherwise would not get,” from the briefings and three Pentagon-sponsored trips to Iraq. He also acknowledged using this access and information to identify opportunities for clients. “You can’t help but look for that,” he said, adding, “If you know a capability that would fill a niche or need, you try to fill it. “That’s good for everybody.”

At the same time, in e-mail messages to the Pentagon, Mr. Garrett displayed an eagerness to be supportive with his television and radio commentary. “Please let me know if you have any specific points you want covered or that you would prefer to downplay,” he wrote in January 2007, before President Bush went on TV to describe the surge strategy in Iraq.

Conversely, the administration has demonstrated that there is a price for sustained criticism, many analysts said. “You’ll lose all access,” Dr. McCausland said.

With a majority of Americans calling the war a mistake despite all administration attempts to sway public opinion, the Pentagon has focused in the last couple of years on cultivating in particular military analysts frequently seen and heard in conservative news outlets, records and interviews show.

Some of these analysts were on the mission to Cuba on June 24, 2005 — the first of six such Guantánamo trips — which was designed to mobilize analysts against the growing perception of Guantánamo as an international symbol of inhumane treatment. On the flight to Cuba, for much of the day at Guantánamo and on the flight home that night, Pentagon officials briefed the 10 or so analysts on their key messages — how much had been spent improving the facility, the abuse endured by guards, the extensive rights afforded detainees.

The results came quickly. The analysts went on TV and radio, decrying Amnesty International, criticizing calls to close the facility and asserting that all detainees were treated humanely.

“The impressions that you’re getting from the media and from the various pronouncements being made by people who have not been here in my opinion are totally false,” Donald W. Shepperd, a retired Air Force general, reported live on CNN by phone from Guantánamo that same afternoon.

The next morning, Montgomery Meigs, a retired Army general and NBC analyst, appeared on “Today.” “There’s been over $100 million of new construction,” he reported. “The place is very professionally run.”

Within days, transcripts of the analysts’ appearances were circulated to senior White House and Pentagon officials, cited as evidence of progress in the battle for hearts and minds at home.

Charting the Campaign

By early 2002, detailed planning for a possible Iraq invasion was under way, yet an obstacle loomed. Many Americans, polls showed, were uneasy about invading a country with no clear connection to the Sept. 11 attacks. Pentagon and White House officials believed the military analysts could play a crucial role in helping overcome this resistance.

Torie Clarke, the former public relations executive who oversaw the Pentagon’s dealings with the analysts as assistant secretary of defense for public affairs, had come to her job with distinct ideas about achieving what she called “information dominance.” In a spin-saturated news culture, she argued, opinion is swayed most by voices perceived as authoritative and utterly independent.

And so even before Sept. 11, she built a system within the Pentagon to recruit “key influentials” — movers and shakers from all walks who with the proper ministrations might be counted on to generate support for Mr. Rumsfeld’s priorities.

In the months after Sept. 11, as every network rushed to retain its own all-star squad of retired military officers, Ms. Clarke and her staff sensed a new opportunity. To Ms. Clarke’s team, the military analysts were the ultimate “key influential” — authoritative, most of them decorated war heroes, all reaching mass audiences.

The analysts, they noticed, often got more airtime than network reporters, and they were not merely explaining the capabilities of Apache helicopters. They were framing how viewers ought to interpret events. What is more, while the analysts were in the news media, they were not of the news media. They were military men, many of them ideologically in sync with the administration’s neoconservative brain trust, many of them important players in a military industry anticipating large budget increases to pay for an Iraq war.

Even analysts with no defense industry ties, and no fondness for the administration, were reluctant to be critical of military leaders, many of whom were friends. “It is very hard for me to criticize the United States Army,” said William L. Nash, a retired Army general and ABC analyst. “It is my life.”

Other administrations had made sporadic, small-scale attempts to build relationships with the occasional military analyst. But these were trifling compared with what Ms. Clarke’s team had in mind. Don Meyer, an aide to Ms. Clarke, said a strategic decision was made in 2002 to make the analysts the main focus of the public relations push to construct a case for war. Journalists were secondary. “We didn’t want to rely on them to be our primary vehicle to get information out,” Mr. Meyer said.

The Pentagon’s regular press office would be kept separate from the military analysts. The analysts would instead be catered to by a small group of political appointees, with the point person being Brent T. Krueger, another senior aide to Ms. Clarke. The decision recalled other administration tactics that subverted traditional journalism. Federal agencies, for example, have paid columnists to write favorably about the administration. They have distributed to local TV stations hundreds of fake news segments with fawning accounts of administration accomplishments. The Pentagon itself has made covert payments to Iraqi newspapers to publish coalition propaganda.

Rather than complain about the “media filter,” each of these techniques simply converted the filter into an amplifier. This time, Mr. Krueger said, the military analysts would in effect be “writing the op-ed” for the war.

Assembling the Team

From the start, interviews show, the White House took a keen interest in which analysts had been identified by the Pentagon, requesting lists of potential recruits, and suggesting names. Ms. Clarke’s team wrote summaries describing their backgrounds, business affiliations and where they stood on the war.

“Rumsfeld ultimately cleared off on all invitees,” said Mr. Krueger, who left the Pentagon in 2004. (Through a spokesman, Mr. Rumsfeld declined to comment for this article.)

Over time, the Pentagon recruited more than 75 retired officers, although some participated only briefly or sporadically. The largest contingent was affiliated with Fox News, followed by NBC and CNN, the other networks with 24-hour cable outlets. But analysts from CBS and ABC were included, too. Some recruits, though not on any network payroll, were influential in other ways — either because they were sought out by radio hosts, or because they often published op-ed articles or were quoted in magazines, Web sites and newspapers. At least nine of them have written op-ed articles for The Times.

The group was heavily represented by men involved in the business of helping companies win military contracts. Several held senior positions with contractors that gave them direct responsibility for winning new Pentagon business. James Marks, a retired Army general and analyst for CNN from 2004 to 2007, pursued military and intelligence contracts as a senior executive with McNeil Technologies. Still others held board positions with military firms that gave them responsibility for government business. General McInerney, the Fox analyst, for example, sits on the boards of several military contractors, including Nortel Government Solutions, a supplier of communication networks.

Several were defense industry lobbyists, such as Dr. McCausland, who works at Buchanan Ingersoll & Rooney, a major lobbying firm where he is director of a national security team that represents several military contractors. “We offer clients access to key decision makers,” Dr. McCausland’s team promised on the firm’s Web site.

Dr. McCausland was not the only analyst making this pledge. Another was Joseph W. Ralston, a retired Air Force general. Soon after signing on with CBS, General Ralston was named vice chairman of the Cohen Group, a consulting firm headed by a former defense secretary, William Cohen, himself now a “world affairs” analyst for CNN. “The Cohen Group knows that getting to ‘yes’ in the aerospace and defense market — whether in the United States or abroad — requires that companies have a thorough, up-to-date understanding of the thinking of government decision makers,” the company tells prospective clients on its Web site.

There were also ideological ties.

Two of NBC’s most prominent analysts, Barry R. McCaffrey and the late Wayne A. Downing, were on the advisory board of the Committee for the Liberation of Iraq, an advocacy group created with White House encouragement in 2002 to help make the case for ousting Saddam Hussein. Both men also had their own consulting firms and sat on the boards of major military contractors.

Many also shared with Mr. Bush’s national security team a belief that pessimistic war coverage broke the nation’s will to win in Vietnam, and there was a mutual resolve not to let that happen with this war.

This was a major theme, for example, with Paul E. Vallely, a Fox News analyst from 2001 to 2007. A retired Army general who had specialized in psychological warfare, Mr. Vallely co-authored a paper in 1980 that accused American news organizations of failing to defend the nation from “enemy” propaganda during Vietnam.

“We lost the war — not because we were outfought, but because we were out Psyoped,” he wrote. He urged a radically new approach to psychological operations in future wars — taking aim at not just foreign adversaries but domestic audiences, too. He called his approach “MindWar” — using network TV and radio to “strengthen our national will to victory.”

The Selling of the War

From their earliest sessions with the military analysts, Mr. Rumsfeld and his aides spoke as if they were all part of the same team.

In interviews, participants described a powerfully seductive environment — the uniformed escorts to Mr. Rumsfeld’s private conference room, the best government china laid out, the embossed name cards, the blizzard of PowerPoints, the solicitations of advice and counsel, the appeals to duty and country, the warm thank you notes from the secretary himself.

“Oh, you have no idea,” Mr. Allard said, describing the effect. “You’re back. They listen to you. They listen to what you say on TV.” It was, he said, “psyops on steroids” — a nuanced exercise in influence through flattery and proximity. “It’s not like it’s, ‘We’ll pay you $500 to get our story out,’ ” he said. “It’s more subtle.”

The access came with a condition. Participants were instructed not to quote their briefers directly or otherwise describe their contacts with the Pentagon.

In the fall and winter leading up to the invasion, the Pentagon armed its analysts with talking points portraying Iraq as an urgent threat. The basic case became a familiar mantra: Iraq possessed chemical and biological weapons, was developing nuclear weapons, and might one day slip some to Al Qaeda; an invasion would be a relatively quick and inexpensive “war of liberation.”

At the Pentagon, members of Ms. Clarke’s staff marveled at the way the analysts seamlessly incorporated material from talking points and briefings as if it was their own.

“You could see that they were messaging,” Mr. Krueger said. “You could see they were taking verbatim what the secretary was saying or what the technical specialists were saying. And they were saying it over and over and over.” Some days, he added, “We were able to click on every single station and every one of our folks were up there delivering our message. You’d look at them and say, ‘This is working.’ ”

On April 12, 2003, with major combat almost over, Mr. Rumsfeld drafted a memorandum to Ms. Clarke. “Let’s think about having some of the folks who did such a good job as talking heads in after this thing is over,” he wrote.

By summer, though, the first signs of the insurgency had emerged. Reports from journalists based in Baghdad were increasingly suffused with the imagery of mayhem.

The Pentagon did not have to search far for a counterweight.

It was time, an internal Pentagon strategy memorandum urged, to “re-energize surrogates and message-force multipliers,” starting with the military analysts.

The memorandum led to a proposal to take analysts on a tour of Iraq in September 2003, timed to help overcome the sticker shock from Mr. Bush’s request for $87 billion in emergency war financing.

The group included four analysts from Fox News, one each from CNN and ABC, and several research-group luminaries whose opinion articles appear regularly in the nation’s op-ed pages.

The trip invitation promised a look at “the real situation on the ground in Iraq.”

The situation, as described in scores of books, was deteriorating. L. Paul Bremer III, then the American viceroy in Iraq, wrote in his memoir, “My Year in Iraq,” that he had privately warned the White House that the United States had “about half the number of soldiers we needed here.”

“We’re up against a growing and sophisticated threat,” Mr. Bremer recalled telling the president during a private White House dinner.

That dinner took place on Sept. 24, while the analysts were touring Iraq.

Yet these harsh realities were elided, or flatly contradicted, during the official presentations for the analysts, records show. The itinerary, scripted to the minute, featured brief visits to a model school, a few refurbished government buildings, a center for women’s rights, a mass grave and even the gardens of Babylon.

Mostly the analysts attended briefings. These sessions, records show, spooled out an alternative narrative, depicting an Iraq bursting with political and economic energy, its security forces blossoming. On the crucial question of troop levels, the briefings echoed the White House line: No reinforcements were needed. The “growing and sophisticated threat” described by Mr. Bremer was instead depicted as degraded, isolated and on the run.

“We’re winning,” a briefing document proclaimed.

One trip participant, General Nash of ABC, said some briefings were so clearly “artificial” that he joked to another group member that they were on “the George Romney memorial trip to Iraq,” a reference to Mr. Romney’s infamous claim that American officials had “brainwashed” him into supporting the Vietnam War during a tour there in 1965, while he was governor of Michigan.

But if the trip pounded the message of progress, it also represented a business opportunity: direct access to the most senior civilian and military leaders in Iraq and Kuwait, including many with a say in how the president’s $87 billion would be spent. It also was a chance to gather inside information about the most pressing needs confronting the American mission: the acute shortages of “up-armored” Humvees; the billions to be spent building military bases; the urgent need for interpreters; and the ambitious plans to train Iraq’s security forces.

Information and access of this nature had undeniable value for trip participants like William V. Cowan and Carlton A. Sherwood.

Mr. Cowan, a Fox analyst and retired Marine colonel, was the chief executive of a new military firm, the wvc3 Group. Mr. Sherwood was its executive vice president. At the time, the company was seeking contracts worth tens of millions to supply body armor and counterintelligence services in Iraq. In addition, wvc3 Group had a written agreement to use its influence and connections to help tribal leaders in Al Anbar Province win reconstruction contracts from the coalition.

“Those sheiks wanted access to the C.P.A.,” Mr. Cowan recalled in an interview, referring to the Coalition Provisional Authority.

Mr. Cowan said he pleaded their cause during the trip. “I tried to push hard with some of Bremer’s people to engage these people of Al Anbar,” he said.

Back in Washington, Pentagon officials kept a nervous eye on how the trip translated on the airwaves. Uncomfortable facts had bubbled up during the trip. One briefer, for example, mentioned that the Army was resorting to packing inadequately armored Humvees with sandbags and Kevlar blankets. Descriptions of the Iraqi security forces were withering. “They can’t shoot, but then again, they don’t,” one officer told them, according to one participant’s notes.

“I saw immediately in 2003 that things were going south,” General Vallely, one of the Fox analysts on the trip, recalled in an interview with The Times.

The Pentagon, though, need not have worried.

“You can’t believe the progress,” General Vallely told Alan Colmes of Fox News upon his return. He predicted the insurgency would be “down to a few numbers” within months.

“We could not be more excited, more pleased,” Mr. Cowan told Greta Van Susteren of Fox News. There was barely a word about armor shortages or corrupt Iraqi security forces. And on the key strategic question of the moment — whether to send more troops — the analysts were unanimous.

“I am so much against adding more troops,” General Shepperd said on CNN.

Access and Influence

Inside the Pentagon and at the White House, the trip was viewed as a masterpiece in the management of perceptions, not least because it gave fuel to complaints that “mainstream” journalists were ignoring the good news in Iraq.

“We’re hitting a home run on this trip,” a senior Pentagon official wrote in an e-mail message to Richard B. Myers and Peter Pace, then chairman and vice chairman of the Joint Chiefs of Staff.

Its success only intensified the Pentagon’s campaign. The pace of briefings accelerated. More trips were organized. Eventually the effort involved officials from Washington to Baghdad to Kabul to Guantánamo and back to Tampa, Fla., the headquarters of United States Central Command.

The scale reflected strong support from the top. When officials in Iraq were slow to organize another trip for analysts, a Pentagon official fired off an e-mail message warning that the trips “have the highest levels of visibility” at the White House and urging them to get moving before Lawrence Di Rita, one of Mr. Rumsfeld’s closest aides, “picks up the phone and starts calling the 4-stars.”

Mr. Di Rita, no longer at the Defense Department, said in an interview that a “conscious decision” was made to rely on the military analysts to counteract “the increasingly negative view of the war” coming from journalists in Iraq. The analysts, he said, generally had “a more supportive view” of the administration and the war, and the combination of their TV platforms and military cachet made them ideal for rebutting critical coverage of issues like troop morale, treatment of detainees, inadequate equipment or poorly trained Iraqi security forces. “On those issues, they were more likely to be seen as credible spokesmen,” he said.

For analysts with military industry ties, the attention brought access to a widening circle of influential officials beyond the contacts they had accumulated over the course of their careers.

Charles T. Nash, a Fox military analyst and retired Navy captain, is a consultant who helps small companies break into the military market. Suddenly, he had entree to a host of senior military leaders, many of whom he had never met. It was, he said, like being embedded with the Pentagon leadership. “You start to recognize what’s most important to them,” he said, adding, “There’s nothing like seeing stuff firsthand.”

Some Pentagon officials said they were well aware that some analysts viewed their special access as a business advantage. “Of course we realized that,” Mr. Krueger said. “We weren’t naïve about that.”

They also understood the financial relationship between the networks and their analysts. Many analysts were being paid by the “hit,” the number of times they appeared on TV. The more an analyst could boast of fresh inside information from high-level Pentagon “sources,” the more hits he could expect. The more hits, the greater his potential influence in the military marketplace, where several analysts prominently advertised their network roles.

“They have taken lobbying and the search for contracts to a far higher level,” Mr. Krueger said. “This has been highly honed.”

Mr. Di Rita, though, said it never occurred to him that analysts might use their access to curry favor. Nor, he said, did the Pentagon try to exploit this dynamic. “That’s not something that ever crossed my mind,” he said. In any event, he argued, the analysts and the networks were the ones responsible for any ethical complications. “We assume they know where the lines are,” he said.

The analysts met personally with Mr. Rumsfeld at least 18 times, records show, but that was just the beginning. They had dozens more sessions with the most senior members of his brain trust and access to officials responsible for managing the billions being spent in Iraq. Other groups of “key influentials” had meetings, but not nearly as often as the analysts.

An internal memorandum in 2005 helped explain why. The memorandum, written by a Pentagon official who had accompanied analysts to Iraq, said that based on her observations during the trip, the analysts “are having a greater impact” on network coverage of the military. “They have now become the go-to guys not only on breaking stories, but they influence the views on issues,” she wrote.

Other branches of the administration also began to make use of the analysts. Mr. Gonzales, then the attorney general, met with them soon after news leaked that the government was wiretapping terrorism suspects in the United States without warrants, Pentagon records show. When David H. Petraeus was appointed the commanding general in Iraq in January 2007, one of his early acts was to meet with the analysts.

“We knew we had extraordinary access,” said Timur J. Eads, a retired Army lieutenant colonel and Fox analyst who is vice president of government relations for Blackbird Technologies, a fast-growing military contractor.

Like several other analysts, Mr. Eads said he had at times held his tongue on television for fear that “some four-star could call up and say, ‘Kill that contract.’ ” For example, he believed Pentagon officials misled the analysts about the progress of Iraq’s security forces. “I know a snow job when I see one,” he said. He did not share this on TV.

“Human nature,” he explained, though he noted other instances when he was critical.

Some analysts said that even before the war started, they privately had questions about the justification for the invasion, but were careful not to express them on air.

Mr. Bevelacqua, then a Fox analyst, was among those invited to a briefing in early 2003 about Iraq’s purported stockpiles of illicit weapons. He recalled asking the briefer whether the United States had “smoking gun” proof.

“ ‘We don’t have any hard evidence,’ ” Mr. Bevelacqua recalled the briefer replying. He said he and other analysts were alarmed by this concession. “We are looking at ourselves saying, ‘What are we doing?’ ”

Another analyst, Robert L. Maginnis, a retired Army lieutenant colonel who works in the Pentagon for a military contractor, attended the same briefing and recalled feeling “very disappointed” after being shown satellite photographs purporting to show bunkers associated with a hidden weapons program. Mr. Maginnis said he concluded that the analysts were being “manipulated” to convey a false sense of certainty about the evidence of the weapons. Yet he and Mr. Bevelacqua and the other analysts who attended the briefing did not share any misgivings with the American public.

Mr. Bevelacqua and another Fox analyst, Mr. Cowan, had formed the wvc3 Group, and hoped to win military and national security contracts.

“There’s no way I was going to go down that road and get completely torn apart,” Mr. Bevelacqua said. “You’re talking about fighting a huge machine.”

Some e-mail messages between the Pentagon and the analysts reveal an implicit trade of privileged access for favorable coverage. Robert H. Scales Jr., a retired Army general and analyst for Fox News and National Public Radio whose consulting company advises several military firms on weapons and tactics used in Iraq, wanted the Pentagon to approve high-level briefings for him inside Iraq in 2006.

“Recall the stuff I did after my last visit,” he wrote. “I will do the same this time.”

Pentagon Keeps Tabs

As it happened, the analysts’ news media appearances were being closely monitored. The Pentagon paid a private contractor, Omnitec Solutions, hundreds of thousands of dollars to scour databases for any trace of the analysts, be it a segment on “The O’Reilly Factor” or an interview with The Daily Inter Lake in Montana, circulation 20,000.

Omnitec evaluated their appearances using the same tools as corporate branding experts. One report, assessing the impact of several trips to Iraq in 2005, offered example after example of analysts echoing Pentagon themes on all the networks.

“Commentary from all three Iraq trips was extremely positive over all,” the report concluded.

In interviews, several analysts reacted with dismay when told they were described as reliable “surrogates” in Pentagon documents. And some asserted that their Pentagon sessions were, as David L. Grange, a retired Army general and CNN analyst put it, “just upfront information,” while others pointed out, accurately, that they did not always agree with the administration or each other. “None of us drink the Kool-Aid,” General Scales said.

Likewise, several also denied using their special access for business gain. “Not related at all,” General Shepperd said, pointing out that many in the Pentagon held CNN “in the lowest esteem.”

Still, even the mildest of criticism could draw a challenge. Several analysts told of fielding telephone calls from displeased defense officials only minutes after being on the air.

On Aug. 3, 2005, 14 marines died in Iraq. That day, Mr. Cowan, who said he had grown increasingly uncomfortable with the “twisted version of reality” being pushed on analysts in briefings, called the Pentagon to give “a heads-up” that some of his comments on Fox “may not all be friendly,” Pentagon records show. Mr. Rumsfeld’s senior aides quickly arranged a private briefing for him, yet when he told Bill O’Reilly that the United States was “not on a good glide path right now” in Iraq, the repercussions were swift.

Mr. Cowan said he was “precipitously fired from the analysts group” for this appearance. The Pentagon, he wrote in an e-mail message, “simply didn’t like the fact that I wasn’t carrying their water.” The next day James T. Conway, then director of operations for the Joint Chiefs, presided over another conference call with analysts. He urged them, a transcript shows, not to let the marines’ deaths further erode support for the war.

“The strategic target remains our population,” General Conway said. “We can lose people day in and day out, but they’re never going to beat our military. What they can and will do if they can is strip away our support. And you guys can help us not let that happen.”

“General, I just made that point on the air,” an analyst replied.

“Let’s work it together, guys,” General Conway urged.

The Generals’ Revolt

The full dimensions of this mutual embrace were perhaps never clearer than in April 2006, after several of Mr. Rumsfeld’s former generals — none of them network military analysts — went public with devastating critiques of his wartime performance. Some called for his resignation.

On Friday, April 14, with what came to be called the “Generals’ Revolt” dominating headlines, Mr. Rumsfeld instructed aides to summon military analysts to a meeting with him early the next week, records show. When an aide urged a short delay to “give our big guys on the West Coast a little more time to buy a ticket and get here,” Mr. Rumsfeld’s office insisted that “the boss” wanted the meeting fast “for impact on the current story.”

That same day, Pentagon officials helped two Fox analysts, General McInerney and General Vallely, write an opinion article for The Wall Street Journal defending Mr. Rumsfeld.

“Starting to write it now,” General Vallely wrote to the Pentagon that afternoon. “Any input for the article,” he added a little later, “will be much appreciated.” Mr. Rumsfeld’s office quickly forwarded talking points and statistics to rebut the notion of a spreading revolt.

“Vallely is going to use the numbers,” a Pentagon official reported that afternoon.

The standard secrecy notwithstanding, plans for this session leaked, producing a front-page story in The Times that Sunday. In damage-control mode, Pentagon officials scrambled to present the meeting as routine and directed that communications with analysts be kept “very formal,” records show. “This is very, very sensitive now,” a Pentagon official warned subordinates.

On Tuesday, April 18, some 17 analysts assembled at the Pentagon with Mr. Rumsfeld and General Pace, then the chairman of the Joint Chiefs.

A transcript of that session, never before disclosed, shows a shared determination to marginalize war critics and revive public support for the war.

“I’m an old intel guy,” said one analyst. (The transcript omits speakers’ names.) “And I can sum all of this up, unfortunately, with one word. That is Psyops. Now most people may hear that and they think, ‘Oh my God, they’re trying to brainwash.’ ”

“What are you, some kind of a nut?” Mr. Rumsfeld cut in, drawing laughter. “You don’t believe in the Constitution?”

There was little discussion about the actual criticism pouring forth from Mr. Rumsfeld’s former generals. Analysts argued that opposition to the war was rooted in perceptions fed by the news media, not reality. The administration’s overall war strategy, they counseled, was “brilliant” and “very successful.”

“Frankly,” one participant said, “from a military point of view, the penalty, 2,400 brave Americans whom we lost, 3,000 in an hour and 15 minutes, is relative.”

An analyst said at another point: “This is a wider war. And whether we have democracy in Iraq or not, it doesn’t mean a tinker’s damn if we end up with the result we want, which is a regime over there that’s not a threat to us.”

“Yeah,” Mr. Rumsfeld said, taking notes.

But winning or not, they bluntly warned, the administration was in grave political danger so long as most Americans viewed Iraq as a lost cause. “America hates a loser,” one analyst said.

Much of the session was devoted to ways that Mr. Rumsfeld could reverse the “political tide.” One analyst urged Mr. Rumsfeld to “just crush these people,” and assured him that “most of the gentlemen at the table” would enthusiastically support him if he did.

“You are the leader,” the analyst told Mr. Rumsfeld. “You are our guy.”

At another point, an analyst made a suggestion: “In one of your speeches you ought to say, ‘Everybody stop for a minute and imagine an Iraq ruled by Zarqawi.’ And then you just go down the list and say, ‘All right, we’ve got oil, money, sovereignty, access to the geographic center of gravity of the Middle East, blah, blah, blah.’ If you can just paint a mental picture for Joe America to say, ‘Oh my God, I can’t imagine a world like that.’ ”

Even as they assured Mr. Rumsfeld that they stood ready to help in this public relations offensive, the analysts sought guidance on what they should cite as the next “milestone” that would, as one analyst put it, “keep the American people focused on the idea that we’re moving forward to a positive end.” They placed particular emphasis on the growing confrontation with Iran.

“When you said ‘long war,’ you changed the psyche of the American people to expect this to be a generational event,” an analyst said. “And again, I’m not trying to tell you how to do your job...”

“Get in line,” Mr. Rumsfeld interjected.

The meeting ended and Mr. Rumsfeld, appearing pleased and relaxed, took the entire group into a small study and showed off treasured keepsakes from his life, several analysts recalled.

Soon after, analysts hit the airwaves. The Omnitec monitoring reports, circulated to more than 80 officials, confirmed that analysts repeated many of the Pentagon’s talking points: that Mr. Rumsfeld consulted “frequently and sufficiently” with his generals; that he was not “overly concerned” with the criticisms; that the meeting focused “on more important topics at hand,” including the next milestone in Iraq, the formation of a new government.

Days later, Mr. Rumsfeld wrote a memorandum distilling their collective guidance into bullet points. Two were underlined:

“Focus on the Global War on Terror — not simply Iraq. The wider war — the long war.”

“Link Iraq to Iran. Iran is the concern. If we fail in Iraq or Afghanistan, it will help Iran.”

But if Mr. Rumsfeld found the session instructive, at least one participant, General Nash, the ABC analyst, was repulsed.

“I walked away from that session having total disrespect for my fellow commentators, with perhaps one or two exceptions,” he said.

View From the Networks

Two weeks ago General Petraeus took time out from testifying before Congress about Iraq for a conference call with military analysts.

Mr. Garrett, the Fox analyst and Patton Boggs lobbyist, said he told General Petraeus during the call to “keep up the great work.”

“Hey,” Mr. Garrett said in an interview, “anything we can do to help.”

For the moment, though, because of heavy election coverage and general war fatigue, military analysts are not getting nearly as much TV time, and the networks have trimmed their rosters of analysts. The conference call with General Petraeus, for example, produced little in the way of immediate coverage.

Still, almost weekly the Pentagon continues to conduct briefings with selected military analysts. Many analysts said network officials were only dimly aware of these interactions. The networks, they said, have little grasp of how often they meet with senior officials, or what is discussed.

“I don’t think NBC was even aware we were participating,” said Rick Francona, a longtime military analyst for the network.

Some networks publish biographies on their Web sites that describe their analysts’ military backgrounds and, in some cases, give at least limited information about their business ties. But many analysts also said the networks asked few questions about their outside business interests, the nature of their work or the potential for that work to create conflicts of interest. “None of that ever happened,” said Mr. Allard, an NBC analyst until 2006.

“The worst conflict of interest was no interest.”

Mr. Allard and other analysts said their network handlers also raised no objections when the Defense Department began paying their commercial airfare for Pentagon-sponsored trips to Iraq — a clear ethical violation for most news organizations.

CBS News declined to comment on what it knew about its military analysts’ business affiliations or what steps it took to guard against potential conflicts.

NBC News also declined to discuss its procedures for hiring and monitoring military analysts. The network issued a short statement: “We have clear policies in place to assure that the people who appear on our air have been appropriately vetted and that nothing in their profile would lead to even a perception of a conflict of interest.”

Jeffrey W. Schneider, a spokesman for ABC, said that while the network’s military consultants were not held to the same ethical rules as its full-time journalists, they were expected to keep the network informed about any outside business entanglements. “We make it clear to them we expect them to keep us closely apprised,” he said.

A spokeswoman for Fox News said executives “refused to participate” in this article.

CNN requires its military analysts to disclose in writing all outside sources of income. But like the other networks, it does not provide its military analysts with the kind of written, specific ethical guidelines it gives its full-time employees for avoiding real or apparent conflicts of interest.

Yet even where controls exist, they have sometimes proven porous.

CNN, for example, said it was unaware for nearly three years that one of its main military analysts, General Marks, was deeply involved in the business of seeking government contracts, including contracts related to Iraq.

General Marks was hired by CNN in 2004, about the time he took a management position at McNeil Technologies, where his job was to pursue military and intelligence contracts. As required, General Marks disclosed that he received income from McNeil Technologies. But the disclosure form did not require him to describe what his job entailed, and CNN acknowledges it failed to do additional vetting.

“We did not ask Mr. Marks the follow-up questions we should have,” CNN said in a written statement.

In an interview, General Marks said it was no secret at CNN that his job at McNeil Technologies was about winning contracts. “I mean, that’s what McNeil does,” he said.

CNN, however, said it did not know the nature of McNeil’s military business or what General Marks did for the company. If he was bidding on Pentagon contracts, CNN said, that should have disqualified him from being a military analyst for the network. But in the summer and fall of 2006, even as he was regularly asked to comment on conditions in Iraq, General Marks was working intensively on bidding for a $4.6 billion contract to provide thousands of translators to United States forces in Iraq. In fact, General Marks was made president of the McNeil spin-off that won the huge contract in December 2006.

General Marks said his work on the contract did not affect his commentary on CNN. “I’ve got zero challenge separating myself from a business interest,” he said.

But CNN said it had no idea about his role in the contract until July 2007, when it reviewed his most recent disclosure form, submitted months earlier, and finally made inquiries about his new job.

“We saw the extent of his dealings and determined at that time we should end our relationship with him,” CNN said.

    Behind TV Analysts, Pentagon’s Hidden Hand, NYT, 20.4.2008, http://www.nytimes.com/2008/04/20/washington/20generals.html?hp

Now on the Endangered Species List: Movie Critics in Print

April 1, 2008
The New York Times
By DAVID CARR

The continual drumbeat of news that film critics are being laid off at daily and weekly newspapers across the country has kicked up some quotable reviews.

“A dire situation!” Scott Rudin, independent film producer.

“A terrible loss!” Tom Bernard, Sony Pictures Classics.

“Puts serious movies at risk!” Mark Urman, ThinkFilm.

Those men were not actually speaking in exclamation points — the blurb genre engenders a certain license — but they were upset by the departures of movie critics. Nathan Lee, one of The Village Voice’s two full-time critics, was laid off last week by Village Voice Media, a large chain of alternative weeklies that has been cutting down the number of critics it employs across the country.

The week before, two longtime critics at Newsday — Jan Stuart and Gene Seymour — took buyouts, along with their editor. And at Newsweek, David Ansen is among 111 staff members taking buyouts, according to a report in Radar.

They join critics at more than a dozen daily newspapers (including those in Denver, Tampa and Fort Lauderdale) and several alternative weeklies who have been laid off, reassigned or bought out in the past few years, deemed expendable at a time when revenues at print publications are declining, under pressure from Web alternatives and a growing recession in media spending.

Given that movie blogs are strewn about the Web like popcorn on a theater floor, there are those who say that movie criticism is not going away, it’s just appearing on a different platform. And no one would argue that fewer critics and the adjectives they hurl would imperil the opening of “Iron Man” in May. But for a certain kind of movie, critical accolades can mean the difference between relevance and obscurity, not to mention box office success or failure.

“For those of us who are making work that requires a kind of intellectual conversation, we rely on that talk to do the work of getting people interested,” said Mr. Rudin, who produced “No Country for Old Men” and “There Will Be Blood,” two Oscar-nominated and critically championed films last year. “All of the talk about ‘No Country,’ all of the argument about the ending, kept that film in the forefront of the conversation” and helped it win the best picture Oscar.

Despite Samuel Butler’s long ago suggestion that critics arrive at their occupation because of their general unfitness for anything else, they can be a cultural good, championing films that lack crowd-pleasing content or the financial wherewithal to muscle their way into public consciousness. Mr. Lee, for example, named “Southland Tales” the best film of last year. Never heard of the postnuclear, semi-futuristic portrait of Los Angeles directed by Richard Kelly (“Donnie Darko”)? That’s very much the point. “Criticism is treated as a kind of product, and that is inevitably going to favor bigger national releases,” said Owen Gleiberman, a critic at Entertainment Weekly. “That The Village Voice doesn’t want to pay for two staff movie critics is a joke,” he added. “There is so much to cover.”

Michael Lacey, executive editor of Village Voice Media, said in an e-mail message that the company, which owns 17 newspapers, continues to have a serious commitment to covering film.

“Whether a recession or a depression, papers are making decisions based upon the economy, clearly, but our coverage of film remains strong despite the departure of the smart and acerbic Nathan Lee,” he wrote. “When we took over The Village Voice we had essentially one full time writer covering film, Jim Hoberman. He is still with us. We will expand the work of talented New York freelance critics to insure local coverage of the scene specific to Manhattan.” (Mr. Lee, who has been a freelance writer for The New York Times, declined to comment when contacted.)

Mr. Lacey added that the chain still has five full-time film critics and that worrying about whether each city had its own critic seemed silly at a time when major metropolitan dailies can’t afford to cover the presidential race. (The loss of a critic in New York, where some films see their only light of day, would seem to be more problematic.)

Mr. Bernard of Sony Pictures Classics, whose current movies include “The Band’s Visit,” “Married Life” and “The Counterfeiters,” suggested that losing some local critical firepower is troubling for both readers and distributors.

“In each city there is a mosaic of voices,” he said, “with each reflecting the personality of the town and the readership. For us a movie like ‘The Lives of Others,’ ” — the German-language winner of the 2006 foreign film Oscar — “was dragged along by critics until people realized that it was one of the best movies of the year.”

But are print critics really so all-important and sacrosanct with the Web full of debates about all manner of film in places like indiewire.com, cinematical.com and blog.spout.com?

“Honestly, I think that a lot of the viewers of serious films have already migrated to the Web,” said S. T. VanAirsdale, a senior editor at defamer.com and the founder of thereeler.com, a site devoted to coverage of the New York film world. “Serious movies can always be helped by a boost from anywhere, but almost anyone who is interested can find plenty of information about a film before it even opens because of all the coverage in the blogs about festivals and screenings.”

And David Poland, head of the Movie City News Web site (moviecitynews.com), said he likes reading serious printed criticism as much as the next movie fanatic, but films intended for adults have far bigger problems — namely, too many movies on too few screens — than the number of people teasing them apart. “Losing critics for serious film is like taking away the padding on the crutches of a very sick man with two broken legs and one working eye,” he wrote in an e-mail message. “It’s not going to keep it from limping along, but yeah, it hurts like hell.”

    Now on the Endangered Species List: Movie Critics in Print, NYT, 1.4.2008, http://www.nytimes.com/2008/04/01/movies/01crit.html

Dith Pran, ‘Killing Fields’ Photographer, Dies at 65

March 31, 2008
The New York Times
By DOUGLAS MARTIN

Dith Pran, a photojournalist for The New York Times whose gruesome ordeal in the killing fields of Cambodia was re-created in a 1984 movie that gave him an eminence he tenaciously used to press for his people’s rights, died in New Brunswick, N.J., on Sunday. He was 65 and lived in Woodbridge, N.J.

The cause was pancreatic cancer, which had spread, said his friend Sydney H. Schanberg.

Mr. Dith saw his country descend into a living hell as he scraped and scrambled to survive the barbarous revolutionary regime of the Khmer Rouge from 1975 to 1979, when as many as two million Cambodians — a third of the population — were killed, experts estimate. Mr. Dith survived through nimbleness, guile and sheer desperation.

He had been a journalistic partner of Mr. Schanberg, a Times correspondent assigned to Southeast Asia. He translated, took notes and pictures, and helped Mr. Schanberg maneuver in a fast-changing milieu. With the fall of Phnom Penh in 1975, Mr. Schanberg was forced from the country, and Mr. Dith became a prisoner of the Khmer Rouge, the Cambodian Communists.

Mr. Schanberg wrote about Mr. Dith in newspaper articles and in The New York Times Magazine, in a 1980 cover article titled “The Death and Life of Dith Pran.” (A book by the same title appeared in 1985.) The story became the basis of the movie “The Killing Fields.”The film, directed by Roland Joffé, portrayed Mr. Schanberg, played by Sam Waterston, arranging for Mr. Dith’s wife and children to be evacuated from Phnom Penh as danger mounted. Mr. Dith, portrayed by Dr. Haing S. Ngor (who won an Academy Award as best supporting actor), insisted on staying in Cambodia with Mr. Schanberg to keep reporting the news.

A dramatic moment, both in reality and cinematically, came when Mr. Dith saved Mr. Schanberg and other Western journalists from certain execution by talking fast and persuasively to the trigger-happy soldiers who had captured them.

But despite frantic effort, Mr. Schanberg could not keep Mr. Dith from being sent to the countryside to join millions working as virtual slaves.

Mr. Schanberg returned to the United States and was awarded a Pulitzer Prize for his reporting from Cambodia. He accepted it on behalf of Mr. Dith as well.

For years there was no news of Mr. Dith, except for a false rumor that he had been fed to alligators. His brother had been. After more than four years of beatings, backbreaking labor and a diet of a tablespoon of rice a day, Mr. Dith, on Oct. 3, 1979, escaped over the Thai border. Mr. Schanberg flew to greet him.

Mr. Dith moved to New York and in 1980 became a photographer for The Times, where he was noted for his imaginative pictures of city scenes and news events. In one, he turned the camera on mourners rather than the coffin to snatch an evocative moment at the funeral of Rabbi Chaskel Werzberger, a rabbi murdered in 1990.

Outside The Times, Mr. Dith spoke out about the Cambodian genocide, appearing before students, senior citizens and other groups. “I’m a one-person crusade,” he said.

Dith Pran was born on Sept. 23, 1942, in Siem Reap, Cambodia, a provincial town near the ancient temples at Angkor Wat. His father was a public-works official.

Having learned French at school and taught himself English, Mr. Dith was hired as a translator for the United States Military Assistance Command. When Cambodia severed ties with the United States in 1965, he worked with a British film crew, then as a hotel receptionist.

In the early 1970s, as unrest in neighboring Vietnam spread and Cambodia slipped into civil war, the Khmer Rouge grew more formidable. Tourism ended. Mr. Dith interpreted for foreign journalists. When working for Mr. Schanberg, he taught himself to take pictures.

When the Khmer Rouge won control in 1975, Mr. Dith became part of a monstrous social experiment: the expulsion of hundreds of thousands of people from the cities and the suppression of the educated classes with the goal of recreating Cambodia as an agricultural nation.

To avoid summary execution, Mr. Dith hid that he was educated or that he knew Americans. He passed himself off as a taxi driver. He even threw away his money and dressed as a peasant.

Over the next 4 ½ years, he worked in the fields and at menial jobs. For sustenance, people ate insects and rats and even the exhumed corpses of the recently executed, he said.

In November 1978, Vietnam, by then a unified Communist nation after the end of the Vietnam War, invaded Cambodia and overthrew the Khmer Rouge. Mr. Dith went home to Siem Reap, where he learned that 50 members of his family had been killed; wells were filled with skulls and bones.

The Vietnamese made him village chief. But he fled when he feared that they had learned of his American ties. His 60-mile trek to the Thai border was fraught with danger. Two companions were killed by a land mine.

He had an emotional reunion with his wife, Ser Moeun Dith, and four children in San Francisco. Though he and his wife later divorced, she was by his bedside in his last weeks, bringing him rice noodles.

Mr. Dith was either separated or divorced from his second wife, Kim DePaul, Mr. Schanberg said.

Mr. Dith is survived by his companion, Bette Parslow; his daughter, Hemkarey; his sons, Titony, Titonath and Titonel; a sister, Samproeuth; six grandchildren; and two stepgrandchildren.

Ms. DePaul now runs the Dith Pran Holocaust Awareness Project, which spreads word about the Cambodian genocide. At his death, Mr. Dith was working to establish another, still-unnamed organization to help Cambodia. In 1997, he published a book of essays by Cambodians who had witnessed the years of terror as children.

Dr. Ngor, the physician turned actor who had himself survived the killing fields, had joined with Mr. Dith in their fight for justice. He was shot to death in 1996 in Los Angeles by a teenage gang member.

“It seems like I lost one hand,” Mr. Dith said of Dr. Ngor’s death.

Mr. Dith nonetheless pushed ahead in his campaign against genocide everywhere.

“One time is too many,” he said in an interview in his last weeks, expressing hope that others would continue his work. “If they can do that for me,” he said, “my spirit will be happy.”

    Dith Pran, ‘Killing Fields’ Photographer, Dies at 65, NYT, 31.3.2008, http://www.nytimes.com/2008/03/31/nyregion/31dith.html?hp

Reporter Held in Contempt in Anthrax Case

February 20, 2008
The New York Times
By ERIC LICHTBLAU

WASHINGTON — A federal judge found a former reporter for USA Today in contempt of court on Tuesday for refusing to name her confidential sources who had discussed a former Army scientist’s possible role in the 2001 anthrax attacks.

The reporter, Toni Locy, now faces fines of up to $5,000 a day for refusing to comply with an earlier order issued by the judge, Reggie B. Walton. Judge Walton said he would decide in coming days whether a second former reporter, Jim Stewart, should also be held in contempt of court for refusing to reveal the sources for his accounts on the anthrax inquiry, broadcast on CBS News.

The two journalists are being pressed to reveal their sources by Dr. Steven J. Hatfill, a onetime bioterrorism expert for the Army, who is suing the federal government, saying his reputation was ruined by leaks to the news media from law enforcement officials linking him to the attacks. In 2002, the F.B.I. and John Ashcroft, then the attorney general, described Dr. Hatfill as a “person of interest” in the investigation into the attacks, which killed five people and remain unsolved.

Judge Walton said Ms. Locy’s testimony was important to help Dr. Hatfill pursue his civil lawsuit against the government, but advocates for the news media said his order was the latest of recent rulings that could hamper the work of journalists.

“Of all the federal court sanctions on reporters for refusing to reveal confidential sources over the past several years, this is perhaps the most disturbing,” said Lucy A. Dalglish, executive director of the Reporters Committee for Freedom of the Press.

“Toni Locy is being punished for doing what reporters are supposed to do: making sure important information gets to the public about whether the government had the investigation into a major public health threat under control,” Ms. Dalglish said.

Ms. Locy has declined to identify the sources she relied on in three articles for USA Today about the investigation. The articles discussed Dr. Hatfill’s role in the investigation and raised questions about the strength of the evidence against him.

Ms. Locy declined after the hearing to discuss any details of the case but said that the judge’s order could make it difficult for journalists to report on the status of any law enforcement investigation, even a high-profile one, “until someone is charged, tried and convicted.”

“I’m concerned about the ramifications of this order for all journalists, beyond just me,” said Ms. Locy, who now teaches journalism at West Virginia University.

In holding Ms. Locy in contempt, Judge Walton said he would impose fines beginning at $500 a day for seven days, then escalating to $1,000 a day for seven days, then $5,000 a day for seven days. He would then consider other options, which lawyers said could include jail time.

Judge Walton said he would soon rule on whether his order would be delayed pending a probable appeal by Ms. Locy.

Ms. Locy and Mr. Stewart are the only journalists still facing contempt citations in the case. Because of procedural problems and other issues, the court previously threw out subpoenas seeking testimony from a number of other journalists, including Nicholas D. Kristof, a columnist for The New York Times, who first wrote in 2002 about a mysterious Army scientist he called Mr. Z, whom he later identified as Dr. Hatfill. A defamation suit against Mr. Kristof was dismissed last year, a decision now under appeal.

Judge Walton had some cautionary words for journalists on Tuesday, but he saved his harshest judgments for the unidentified officials who linked Dr. Hatfill to the anthrax investigation in the news media.

“There’s not a scintilla of evidence to suggest Dr. Hatfill had anything to do with it,” the judge said, yet the public notoriety has “destroyed his life.”

    Reporter Held in Contempt in Anthrax Case, NYT, 20.2.2008, http://www.nytimes.com/2008/02/20/us/20anthrax.html

For Publisher in Los Angeles,

Cuts and Worse

February 19, 2008
The New York Times
By RICHARD PÉREZ-PEÑA

The Hollywood Walk of Fame consists of more than 2,000 terrazzo-and-brass stars embedded in the sidewalk, bearing names from eminent to obscure (Strongheart the dog, anyone?). The walk attracts tourists, but most locals step over — make that drive past — without noticing.

When The Los Angeles Times received a star last year, it was met at the paper with shrugs, eye rolls and grumbling about money ill-spent (the local chamber of commerce charges $25,000 for the honor). But it meant something to the new publisher, David D. Hiller, who enthusiastically attended the installation and told editors that the newspaper should cover it. They protested that the idea amounted to using a news-free stunt for unseemly self-congratulation, and Mr. Hiller deferred to their judgment.

“You know what? I did get a kick out of it, and I thought it was great for the paper, and I thought it was fun,” Mr. Hiller said about the Walk of Fame ceremony. “And if that makes me star-struck, then I’m guilty as charged.”

Mr. Hiller never had much chance of getting the benefit of the doubt at The Times, one of a handful of newspapers with a claim to national standing: its daily circulation of almost 800,000 is the fourth-largest circulation of any American newspaper and the largest in the West, and it dominates the second-biggest market in the country, after New York.

But The Times has also been battered by years of flagging revenue, management turnover and newsroom cutbacks.

The paper’s owner, the Tribune Company of Chicago, sent Mr. Hiller to California in late 2006 to impose some discipline, fiscal and otherwise. He took the place of a popular publisher and promptly fired a popular top editor, both of them forced out for refusing to carry out the latest round of staff cuts ordered by Tribune.

Last week, after a very bumpy 16 months, he hired a new editor, Russ Stanton. He also has a new boss, Samuel Zell, a real estate billionaire who took the Tribune Company private in December, saying that he was giving more autonomy to Mr. Hiller and other chiefs of Tribune properties.

But with the company scraping to meet heavy debt payments, Mr. Hiller faces the daunting task of showing his new bosses that he can turn around a paper hit by an industrywide contraction, a California real estate slump and internal dissension.

Within The Times, however, many employees dismiss Mr. Hiller, 53, as a star-struck outsider, a meddler in the newsroom who does not understand journalism or Los Angeles.

The Walk of Fame episode became emblematic of the view at The Times of Mr. Hiller and Tribune generally, and it was cited repeatedly in interviews with current and former business executives, editors and reporters, nearly all of whom spoke on the condition of anonymity because they said they feared retribution for speaking out.

He does not entirely disagree with the criticism of the old Tribune Company or even of him, though he says much of it is overstated.

“What we have to do is get beyond the history,” Mr. Hiller said in an interview on Friday. “And I’m really confident that we’re doing that. This is no longer about Chicago versus L.A. This is about how does The L.A. Times change.”

His first major act of the new Tribune era came last month, when he ousted yet another top editor, James E. O’Shea, who had gradually won the trust of his staff and, like his predecessors, refused to make more newsroom cuts. The newsroom has about 870 employees, down from a high of about 1,200, and Mr. Hiller says he expects to lower that number by 40 to 50 this year.

“If I had my way and if business were great, I wouldn’t cut anybody in the newsroom, or in most other departments,” he said, adding that he believes in the public service mission of newspapers. “We are stretched to the max trying to cover the complexity of our region the way we’d like to.”

The turmoil continued Monday, when John Montorio, one of two managing editors — the second-highest newsroom position — announced that he would leave the paper this month.

Mr. Montorio, who oversees the feature sections, said that Mr. Stanton “has just decided to take the features department in a new direction, that he wanted a new leader. And that is the right of every new leader, to choose his own team.”

Tribune does not report each property’s performance, but through November, the company said that 2007 newspaper ad revenue had fallen 8.5 percent (compared with about 7 percent in the entire industry) and that Los Angeles had among the sharpest declines in retail and classified ads. Mr. Hiller said he expected another drop in 2008.

A person who had been shown the numbers said The Times had earnings of $240 million in 2006 and $192 million in 2007 (before interest, taxes, amortization and depreciation), and projected about $150 million this year before the announced cuts — figures that Mr. Hiller said were roughly accurate.

Former executives say that the paper had an operating profit margin above 20 percent until two or three years ago and that it is in the midteens now. Some executives within Tribune said the company wants The Times to match last year’s cash flow, a tall order in this economic climate.

Mr. O’Shea has argued that focused newsroom investments, like a successful fashion section that was started last year, can generate more ad revenue. Mr. Hiller agrees that some of those ideas work, but he has also said that The Times cannot spend its way to profits and that Mr. O’Shea and his predecessor, Dean Baquet, had trouble accepting financial reality.

Mr. Hiller’s relationships with his top editors have been worsened by less-than-straight shooting, according to several people at the paper — fed, they said, by his aversion to direct confrontation. Mr. Hiller said that Mr. O’Shea left by mutual agreement; Mr. O’Shea, who declined to be interviewed for this article, has said that he was fired, and after Mr. Hiller had already talked to others about dismissing him.

When he arrived in October 2006, Mr. Hiller said that he wanted to work with Mr. Baquet and that he did not have in mind specific numbers of jobs to cut. Some high-ranking officials at The Times say that he told them privately then that he did have specific targets, and a month into the job, he fired Mr. Baquet.

“It was a constant treadmill of cuts, and nobody ever said: ‘Let’s catch our breath. Let’s figure out some sort of long-term plan,’ ” said Mr. Baquet, who is now an assistant managing editor and the Washington bureau chief of The New York Times. “When you tried to have a conversation about where you’re going strategically, the answer was always, ‘Let’s just get past this next round of cuts.’ ”

Several other top editors and some business-side executives — some still at the paper, some not — voiced the same complaint.

“I think that’s been true in the past,” Mr. Hiller said. “We have spent the last six months putting together a long-range plan of just that sort,” though the plan is not complete. “I totally agree,” he said. “If you can’t paint that picture, you can’t take people there.”

But his statements and actions, like firing Mr. O’Shea, strongly suggest that the friction between him and his fractious paper will continue. Even Mr. Stanton, the new editor Mr. Hiller appointed, said in an address to the newsroom on Thursday that he was “hopping mad” about the seemingly endless cuts, and that they had to stop.

Top Times executives have discussed letting marketing executives control the monthly Sunday magazine, rather than leaving it to editors, though Mr. Hiller says no decisions about that have been made. The idea touches on the traditional tension in journalism, between profiting as a business and making independent judgments about what information to deliver, without concern for advertisers’ interests.

Mr. Hiller has sent notes to reporters suggesting or assessing articles, to the frustration of editors who see it as inappropriate.

Last Friday, Mr. Hiller put Jack D. Klunder, a well-regarded executive who joined The Times long before Tribune took over, in charge of the paper’s business operations. And he announced that the widely criticized chief of ad sales, a Tribune veteran sent from Chicago, would leave.

Colleagues doubt that Mr. Hiller could have made such moves under the old Tribune regime that promoted its own and mistrusted Times veterans.

The paradox of Mr. Hiller’s position is that, by all accounts, he is outgoing and wants to be well-liked. Within the company, he has been called “the class president” and “the cheerleader.”

A Harvard-educated lawyer, Mr. Hiller joined the Tribune Company 20 years ago. He oversaw its Internet operations from 2000 to 2004, then served as publisher of The Chicago Tribune for two years.

For years, as newspaper Web sites became deeper, richer and more complex, Tribune’s sites fell behind, limiting their ability to draw readers and advertisers. Just last week, the Times Web site added the ability to put hyperlinks in its articles, something other major papers have had for as long as a decade.

But The Times’s site has improved significantly since he arrived, adding video and dozens of blogs. It had 5.7 million unique United States visitors in January, according to Nielsen/NetRatings, fifth among newspaper sites, behind The New York Times (20.5 million), USA Today (12.3 million), The Washington Post (9.9 million) and The Wall Street Journal (7 million).

Mr. Hiller revels in the publisher’s traditional role (much diminished at most papers) as a prominent civic figure, meeting with elected officials and serving on the boards of nonprofit organizations.

His duty and the paper’s is to be “a very visible citizen in the community,” he said. “I’m a booster of things that are good in Los Angeles.”

Mr. Hiller clearly has a fondness for show business and enjoys life in his adopted home. Last year, he used the newsroom’s allotment of tickets to attend the Oscars. When The Times had a 125th birthday party, he took the microphone and sang “Hello, Dolly” and “Baby, It’s Cold Outside” to several hundred employees.

He said, “I’m hoping the Dodgers or the Angels are going to invite me to sing the national anthem this year.”

    For Publisher in Los Angeles, Cuts and Worse, NYT, 19.2.2008, http://www.nytimes.com/2008/02/19/business/media/19hiller.html