CBS: Rather Producers Lawyer Up Against Network
Rathergate is back in the news. The New York Observer reports that Josh Howard, Betsy West and Mary Murphy, the producers asked to resign after the release of the independent report on Dan Rather's infamous '60 Minutes Wednesday' segment on President Bush's National Guard service, are not leaving. Instead, they have hired lawyers and are contemplating legal action against CBS for breach of contract and possibly, defamation.
After the 224 page report (pdf) was released on January 10, CBS President Leslie Moonves publicly criticized executive producer Josh Howard in this statement(pdf). Short version, according to the Observer:
Mr. Howard, Mr. Moonves said, "did little to assert his role as the producer ultimately responsible for the broadcast and everything in it. This mistake dealt a tremendous blow to the credibility of 60 Minutes Wednesday and to CBS News in general." The producer, he wrote, had been asked to resign, and the network was "taking a variety of actions to put this crisis behind us."
Howard reportedly has demanded a retraction.
Sources close to Mr. Howard said he believes that the report—which was assembled by an outside team of former Attorney General Richard Thornburgh and former Associated Press head Louis Boccardi Jr.—contradicts Mr. Moonves’ statement about Mr. Howard’s share of the blame.
Mr. Howard also believes, those sources said, that the report itself excludes evidence that would implicate top management at CBS and restore Mr. Howard’s reputation in the television news business.
Two prominent New York lawyers say CBS has potential exposure if Howard sues for defamation:
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