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Tuesday, November 7, 2023

Death toll among journalists covering the Israel-Hamas war swells again, Jeff Zucker offers his thoughts on the media industry, William Lewis vows "great days lie ahead" for The WaPo, Kevin Mayer says Bob Iger "needed some part of his team back," Linda Yaccarino faces an Xtreme challenge, and SAG-AFTRA + the studios are inching closer to a deal. But first, the A1.

THE A1

The Shielding of a Source

CNN Photo Illustration/Fox News

Catherine Herridge is on the brink of being held in contempt of court.

In a late-September deposition, the CBS News senior correspondent declined to reveal her source(s) for a series of 2017 stories she reported on during her time at Fox News, according to a court filing made public Tuesday. Her refusal to disclose the source(s) was in direct defiance of an alarming court order issued earlier this year by which Herridge's camp will surely appeal, of the U.S. District Court for the District of Columbia.

The order from Cooper came as a result of a lawsuit filed by Chinese American scientist Yanping Chen against the Federal Bureau of Investigation. Citing documents reviewed by Fox News, Herridge reported that Chen was the subject of a federal probe. Chen has alleged that federal authorities improperly leaked information about her, violating the Privacy Act.

In an effort to prove her case, Chen subpoenaed Herridge and Fox News, with the hope of unmasking the source(s) for the stories. Fox News and Herridge aggressively fought the move, arguing that Cooper should quash the subpoenas because of First Amendment protections afforded to the press. But Cooper disagreed and ordered otherwise, stating that "Chen's need for the requested evidence overcomes Herridge's qualified First Amendment privilege in this case."

That set the stage for a Sept. 26 deposition of Herridge, when the veteran journalist was repeatedly asked about how she obtained the information for her 2017 stories. Herridge politely declined to answer dozens of such questions.

"Will you tell me who that source was?" a lawyer for plaintiff Chen asked.

"Objection; privilege," Herridge's lawyer exclaimed.

"Are you going to decline to answer that question?" Chen's lawyer asked.

"Respectfully, yes," Herridge answered.

And so it went throughout the duration of the deposition.

Herridge's refusal to reveal her source(s) did not sit well with Chen. In a filing made public Tuesday, Chen's camp formally asked the court to reprimand her.

"Without consequences, Herridge has no reason to comply with the Court's order. Accordingly, Dr. Chen requests both compensatory sanctions awarded to her and a continuing, coercive financial sanction, payable to the Court, to compel Herridge to comply with the Order," the motion from Chen said. "There being clear and convincing evidence of Herridge's defiance of the August 1, 2023 Order and no valid cause for such defiance, a finding of contempt should issue and sanctions should be imposed."

The motion to hold Herridge in contempt and levy stiff financial penalties on her — all for declining to violate the fundamental journalistic principle of protecting source identity — led to a swift show of support for her from both CBS News and Fox News.

"Fox News supports Ms. Herridge's position in this case. Journalists should not be forced to disclose confidential sources," a Fox News spokesperson said in a statement to me.

"We are fully supportive of Catherine Herridge's position in this case. No journalist should be punished for maintaining a source's confidentiality," a CBS News spokesperson said in a separate statement. "This motion for contempt should be concerning to all Americans who value the role of the free press in our democracy and understand that reliance on confidential sources is critical to the mission of journalism."

The direction the court is headed also prompted alarm from independent third parties. Floyd Abrams, the legendary First Amendment attorney of Pentagon Papers fame, called the judicial order "deeply troubling."

"Any such order not only impairs the ability of the journalist who has been ordered to reveal the identity of her confidential sources but makes it more difficult for all journalists to gather information about newsworthy topics," Abrams told me. "The Department of Justice issued new Guidelines in 2021 that significantly limited its ability to seek the identification of confidential sources. We would all be better served if that sort of near-total bar were applied to all cases in which journalist's sources were sought."

To Abrams' point, Herridge's case has renewed calls for Congress to pass legislation solidifying federal protections for journalists. In June, a bipartisan group of lawmakers reintroduced the Protect Reporters from Exploitative State Spying Act, or as it is more commonly known, the PRESS Act. The legislation would offer important safeguards to journalists, including preventing the government from compelling reporters to disclose their sources.

"Chen's outrageous demands for sanctions show exactly why contempt orders in reporter's privilege cases chill journalism. Many reporters facing the large and escalating sanctions Chen asks the court to impose would be deterred from standing up to an unconstitutional order requiring them to reveal their confidential sources," Caitlin Vogus, deputy director of advocacy at Freedom of the Press Foundation, told me Tuesday.

"Chen's request that Herridge be personally on the hook for the sanctions is especially disturbing," Vogus added. "It will make other reporters who can't afford a legal fight let alone harsh sanctions think twice about promising sources confidentiality. That will mean that fewer whistleblowers come forward to speak to the press and less newsworthy information is revealed to the public."

——— BELOW THE FOLD ———

CNN Photo Illustration/Mario Tama/Getty Images

The War at Home: Horrifying news emerged Monday night in California, where authorities said a Jewish man died after suffering a head injury following an "interaction" with a pro-Palestinian demonstrator during dueling rallies. While a suspect was quickly detained in the death of 69-year-old Paul Kessler, he was later released and has not been arrested. On Tuesday night, investigators were still piecing together the cause of his tragic death. "There was clearly an interaction between the two, but what that level of interaction is, is still unclear," Ventura County Sheriff James Fryhoff said.

But as the bloody war between Israel and Hamas roils the American public, igniting protests across the country and inflaming tensions, right-wing media figures seized on early reports to blast news organizations for not haphazardly declaring Kessler's death a murder. "Media Outlets Tie Themselves In Knots To Avoid Saying Jewish Man Was Killed In Fight With Pro-Palestinian Protesters," a headline from The Daily Wire declared. "A Jew Was Murdered at a Pro-Israel Protest. You Wouldn't Know It From the Press Coverage," said the Washington Free Beacon atop an article claiming news organizations, including CNN, NBC News, The NYT, and others had sought to "downplay" the death.

🔎 Zooming in: While the stories, and countless claims proliferating online, pushed an overly simplified narrative that Kessler had been murdered, they left out that the facts in the investigation had yet to be established. No suspect had been arrested. Murder charges had not been filed. And an understanding of the actual circumstances remained unclear. While law enforcement continues to probe the events that led to Kessler's death, and additional evidence may come to light indicating malice, news organizations have an obligation to provide the best available facts at the moment, not anything more, even if that does not fit neatly into an agenda.

IN THE WARZONE

At least 39 journalists have been killed since the onset of the Israel-Hamas war, according to the Committee to Protect Journalists. (CPJ)
One Palestinian reporter was killed in an airstrike with 42 of his relatives, Ali Abbas Ahmadi reported. (BBC)
"My home has become a graveyard": CNN producer Ibrahim Dahman shared his emotion journey to get his family out of Gaza and into Egypt through the Rafah crossing. (Mediaite)

THE INDUSTRY

CNN Photo Illustration/Yahoo Finance

Zucker in the Zone: Former CNN boss turned RedBird IMI chief Jeff Zucker weighed in on the wide array of challenges facing the media industry at the Yahoo Finance Invest conference Tuesday. "Obviously, this is a transitional time for media," Zucker acknowledged at the outset of his interview, conducted by Seana Smith. "Every legacy media company, but even many of the newer companies, are facing challenges." Zucker said that, despite the upheaval, "People are always going to want to watch great entertainment, and they're going to want to watch sports, and they're going to want to consume news and information. That is always going to be there. The question is how." Some more highlights:

► On potentially acquiring CNN: "We're certainly not looking at it, it's not for sale. You know, I think what we've always said is any asset of that stature — CNN is a fantastic asset. Anything that that came to market, we would obviously look at. It's not something that we're actively thinking about pursuing. It's absolutely, as far as we know, not for sale. So there was no truth in any way whatsoever to that Variety report this summer. Some day, if it were available, like any other great asset, we would look at it. And that's not to say yes or no. It's just to say, it's a great asset. If the time came, we would look at it."

► On CNN and streaming: "This is something we were thinking about when we were there. And obviously, it's a major focus for them today, as it needs to be. I mean, the reality is, you have to meet the consumer where they are. And, you know, I think that the linear aspect will continue to be important, but they have to play digitally, they have to play in streaming."

► On covering the Israel-Hamas war: "I think by and large, the media coverage of the war has been very strong. There is always going to be missteps and mistakes. The fog of war is real. The fog of war is very tough. I think acknowledging those mistakes as quickly as you can is really important because things do take on a life of their own. ... I do think that, one of the things as time goes on, it gets forgotten how this all began and what started on October the seventh. And remembering that context in the coverage of the war is incredibly important. And, just as I don't think there are two sides to an insurrection in America, and just as I don't think there are two sides to American democracy, I don't think there are two sides to terror. And I don't think you can ever forget that."

► On covering 2024: "This is a time that requires much more reporting. I look at the piece that The New York Times did last week on the people that the Trump administration would hire or is working with now ... I look at the piece that The Washington Post ... wrote over the weekend about what a Trump administration will look like. That's the kind of reporting and discussion that I think needs to be much more vigorous, not like — don't take me through the horse race for the next 12 months. Take me through what it will be. ... And I think those risks are real, I think that we are at a critical time in America. And and I do think American democracy is very much on the line."

► On media trust: "If you focus on how do we win back that trust in the media, then you might be afraid to do your job. I think the key is do your job, seek the truth. Don't give air and time to those who lie. And, you know, over time, the truth will win out. ... And I think this is as serious a time for American democracy as we've seen, maybe in 250 years."

THE FOURTH ESTATE

First in Reliable | The Postmaster sends mail: William Lewis wrote The WaPo's staffers Tuesday, thanking them for the "warm welcome" since his appointment. "One of the many great things I have observed is your passion for who we are, what we do and how we will go forward," Lewis wrote. "I am impressed by the dedication I can see across the organization to deliver ambitious journalism and best serve our readers and clients." Lewis concluded writing that he "can assure" staffers "great days lie ahead."
"Journalists tend to fixate on how our work is or isn't distributed. Doing so allows us to believe that algorithms and shortsighted, mercurial tech executives are fully to blame when our work isn't consumed. Fair enough," Charlie Warzel writes. "But there is also a less convenient and perhaps more existential side to tech's divestiture of news. It's not just the platforms: Readers are breaking up with traditional news, too." (The Atlantic)
Bloomberg Media has surpassed 500,000 subscribers, its chief digital officer, Julia Beizer, tells Sara Fischer. (Axios)
Former Kotaku writers "are launching a new video game site — and they own it this time," Jay Peters reports. (The Verge)
"The Circus" is coming to an end. Showtime's politics-focused show hosted by John Heilemann, Mark McKinnon, and Jennifer Palmieri, will air its series finale after 130 episodes on Sunday, Daniel Lippman reports. (POLITICO)
The China Project, an English-language outlet that covers China for Western audiences, has closed its doors. (Reuters)

IN THE MARKET

Kevin Mayer said that Bob Iger brought him on as a consultant at Disney because "he needed some part of his team back." (THR)
ESPN's transition to becoming a DTC platform is Iger's "first priority," Mayer said. (TheWrap)
Speaking of sports: Brian Steinberg reported that Amazon is sold out of ads for its first-ever Black Friday game. (Variety)

MEDIA MOVES

CBS News and Stations named John Kelly as vice president of data journalism. (Paramount)
The NYT promoted Victoria Niemeyer as a co-deputy on the audience team. (NYT)
Footballco tapped BDG exec Jason Wagenheim as its first-ever chief executive. (Axios)
Sony Pictures Television Studios promoted Lauren Stein to head of creative. (TheWrap)
BBC Studios named Richard Knight its director of audio for BBC Studios Productions. (THR)
NBCU News Group promoted Jessica Kurdali to head of talent strategy. (Deadline)

THE INFO WARS

IN THE BATTLEFIELD

Brian Stelter published an excerpt of his forthcoming book, "Network of Lies," in Rolling Stone. Stelter reports Sean Hannity "privately celebrated" Tucker Carlson's firing for two reasons: "Their differences of opinion were getting increasingly stark, and Carlson's shadow blotted out Hannity's own star." (Rolling Stone)
NBC News' GOP primary debate with Salem Media, live-streamed by Rumble, is set for Wednesday. It is being moderated by Lester Holt, Kristen Welker, and Hugh Hewitt.
On the eve of the debate, one of Salem's top hosts, Charlie Kirk, said on his radio program that "Jewish dollars" have been funding Marxism: "Jews have been some of the largest funders of cultural Marxist ideas and supporters of those ideas over the last 30 or 40 years." (MMFA)
NBC News has declined to say whether it is comfortable hosting a debate alongside Salem and Rumble, two companies that have a history pushing extremist political rhetoric to the public.

THE VALLEY

CNN Photo Illustration/AWNewYork/Shutterstock

An Xtreme Challenge: X executive Linda Yaccarino is in an impossible position. That much was made clear from a Tuesday story by The WSJ's Suzanne Vranica and Alexa Corse. The duo reported that Yaccarino has been tasked with negotiating some sort of deal with right-wing extremist Tucker Carlson, while also trying to woo back advertisers that fled the company after Elon Musk turned up the volume on hate as well as mis- and disinformation. Meanwhile, Yaccarino is also trying to hold on to some of X's existing business. " She is in talks to extend X's current three-year, $100-million deal with the NFL, which is set to expire after the draft in April," Vranica and Corse reported, citing sources. Read their full story here.

TOO MANY TABS

Arturo Bejar, the second Meta whistleblower to testify before a Senate subcommittee, alleged the company has failed to protect teenagers. (CNN)
The E.U. said TikTok and X need to work harder to clean up their platforms. (Reuters)
In a letter addressed to Treasury Secretary Janet Yellen, Sen. Josh Hawley rekindled his efforts to ban TikTok. (NBC News)
"ChatGPT made OpenAI a powerhouse," Alex Kantrowitz writes, arguing that other companies could soon catch up and dethrone it. (Slate)
Reddit has started testing its first add ons. (The Verge)

CURTAIN CALL

CNN Photo Illustration/Mario Tama/Getty Images

The Final Act: It seems that the actors' union and major studios are on the precipice of hammering out a tentative agreement to end the historic strike. After SAG-AFTRA said Monday that "essential" issues remained unresolved, including around the use of A.I., the two parties convened a meeting later that night. I'm told that the studios did agree to adjust language on A.I., appearing to resolve the outstanding issue and bringing the deal ever so close to crossing the finish line. The two parties were set to meet again on Tuesday. Deadline's Dominic Patten and Anthony D'Alessandro have the latest here.

OFF STAGE

"The Marvels" is eyeing a soft opening weekend, with one tracking service estimating a $50 million range debut at the domestic box office. (Deadline)
Speaking of which, Disney dropped the final trailer for "The Marvels" during "Monday Night Football." Notably, the trailer heavily relies on imagery from the original — and now retired — Avengers. (YouTube)
"Friends" has jumped to the top of TV streaming charts in the wake of Matthew Perry's death. (Variety)
"Rebel Moon – Part One," Zack Snyder's upcoming epic space drama, will have a limited, one-week 70-millimeter theatrical run in four cities — Los Angeles, New York, Toronto, and London — ahead of its December 22 streaming release on Netflix. (Variety)
Prime Video dropped the official trailer for the second season of "Reacher." (YouTube)
Elizabeth Debicki, who plays Princess Diana on Netflix's "The Crown," said it was "incredibly invasive" to deal with fake paparazzi. (Variety)
David Byrne's musical, "Here Lies Love," will make its Broadway exit after 150 performances. (Pitchfork)
The Killers announced they will release a greatest hits album, titled "Rebel Diamonds," which will feature a new song. (Pitchfork)

Thank you for reading! This newsletter was edited by Jon Passantino and produced with the assistance of Liam Reilly. Have feedback? Send us an email. You can follow us on Instagram, Threads, and LinkedIn. We will see you back in your inbox tomorrow.