Received this email from a friend? Subscribe here.

Thursday, February 29, 2024

News leaders express solidarity for Gaza journalists, Catherine Herridge is held in contempt, Elon Musk sees his lawsuit mocked in court, Pat McAfee goes off on the ESPN C-suite again, Mark Zuckerberg faces more data misuse accusations in the E.U., "Dune: Part Two" prepares to unleash a sandstorm on theaters, and more. But first, the A1.

THE A1

Trust and The Times

CNN Photo Illustration/Beata Zawrzel/NurPhoto/AP

The New York Times is facing questions about a sweeping investigative story it published on the Israel-Hamas war back in December.

The high-profile piece — which carried the headline "'Screams Without Words': How Hamas Weaponized Sexual Violence on Oct. 7" — sowed together a number of atrocities Hamas committed against women during its heinous terror attack to conclude that they were "not isolated events but part of a broader pattern of gender-based violence on Oct. 7."

There is significant evidence to indicate that Hamas carried out sexual violence against women during the surprise assault that killed at least 1,200 Israelis, as CNN and other outlets have repeatedly reported. But key elements of The Times' reporting in telling that larger story have since fallen under the microscope.

The Intercept, which has adversarially insinuated news organizations are reporting on the war with a pro-Israel bias, on Wednesday night published an approximately 7,000-word article scrutinizing how The Times' piece was reported, questioning elements of the story, which was authored by Pulitzer Prize-winning reporter Jeffrey Gettleman, along with freelancers Anat Schwartz and Adam Sella.

The Times earlier this week publicly condemned Schwartz' decision to "like" various pro-Israel posts about the war on social media, including a post on X that endorsed turning the Gaza Strip into a "slaughterhouse." The Times said that doing so amounted to "unacceptable violations" of its company policy and that it was "currently reviewing the matter."

But the issues with the reporting runs deeper than Schwartz's social media activity. Most notably, the opening anecdote in The Times' story has been called into question — including by the very family of the victim.

The piece opened with a disturbing scene. The reporters detailed a video that captured a woman, Gal Abdush, "lying on her back, dress torn, legs spread, vagina exposed." The authors stated, "based largely on video evidence," that unnamed Israeli "police officials said they believed" Abdush had been raped.

No other evidence was provided by The Times to substantiate the claim. And, as The Intercept's Jeremy Scahill, Ryan Grim, and Daniel Boguslaw pointed out in their story, "The Times report mentions WhatsApp messages from Abdush and her husband to their family, but doesn't mention that some family members believe that the crucial messages make the Israeli officials' claims implausible." In a subsequent story published a month later, The Times noted that some members of the Abdush family "have denied or cast doubt on that possibility, including another brother-in-law who said he spoke to Ms. Abdush's husband before he was killed."

The Abdush family later asserted in interviews that they had not been told that Gal was raped during the Oct. 7 attack until after being contacted by The Times.

"We weren't aware of the rape initially; we were informed only when The New York Times' journalist approached us," her mother told the Israeli outlet YNet. "They said they cross-referenced the testimonies and said that Gal had undergone a sexual assault. Even now. we don't know exactly what happened."

"It was only following the New York Times investigation that we learned from the journalists that my sister had been raped," Abdush's brother added to YNet.

The Intercept previously reported that it wasn't just members of Abdush's family that harbored concerns about parts of The NYT's reporting. In late January, Boguslaw and Grim reported that an episode of "The Daily" podcast had been shelved "amid a furious internal debate about the strength of the paper's original reporting on the subject."

In a Thursday statement, a spokesperson for The Times said, "We remain confident in the accuracy of our reporting and stand by the team's investigation which was rigorously reported, sourced and edited." In an email to The Intercept seeking corrections, The Times also disputed a number of assertions the outlet made in its Wednesday story, including how the Times' reporting was conducted, characterizations of Schwartz' military service, the claim that "forensic evidence of sexual violence was non-existent," and denying that an episode of "The Daily" was "killed due to fact checking failures."

As The Times and The Intercept question each other's reporting, the Gray Lady's management is also trying to stem leaks. Vanity Fair's Charlotte Klein reported Thursday that the newspaper had taken the rare step of launching a leak investigation, questioning "at least two dozen staffers" about "how internal details about the podcasts's editorial process got out."

The Times spokesperson didn't dispute Klein's reporting, only saying in a statement, "We aren't going to comment on internal matters. I can tell you that the work of our newsroom requires trust and collaboration, and we expect all of our colleagues to adhere to these values."

Regardless, the entire affair serves as yet another reminder of how crucial it is for reputable newsrooms to ensure their reporting is airtight prior to publication. When key elements of a story are not supported with transparent and unimpeachable evidence, or when a reporter publicly engages in inappropriate behavior on social media, it can damage a news organization's vital credibility. The resulting effect is that audiences are left to wonder whether larger narratives are, in fact, true.

In this case, there is a large volume of evidence to indicate that Hamas carried out sexual assaults during the October 7 attack. But the Times, by opening its story with an anecdote later called into question by the victim's family, along with the troubling actions of a freelancer, has left critics with plenty of material to sow doubt.

That's corrosive not only for the Gray Lady, but the public record at large.

——— BELOW THE FOLD ———

CNN Photo Illustration/Jack Guez/AFP/Getty Images

Protecting the Press: More than 30 leaders of the world's largest news organizations on Thursday signed onto a letter coordinated by the Committee to Protect Journalists expressing support for journalists in Gaza, who have risked their lives since the onset of the Israel-Hamas war to bear witness for the world. "These journalists – on whom the international news media and the international community rely for information about the situation inside Gaza – continue to report despite grave personal risk," the letter said.

The letter added, "Journalists are civilians and Israeli authorities must protect journalists as noncombatants according to international law. Those responsible for any violations of that longstanding protection should be held accountable. Attacks on journalists are also attacks on truth." Among those who signed the letter were CNN's Mark Thompson, ABC's Kim Godwin, the AP's Julie Pace, BBC's Deborah Turness, Haaretz's Aluf Benn, The New Yorker's David Remnick, The NYT's A.G. Sulzberger, The WaPo's Sally Buzzbee, and others. Read the full letter here.

THE INDUSTRY

Fox News/CNN Photo Illustration

Herridge Held In Contempt: A federal judge on Thursday held Catherine Herridge in contempt of court, fining her $800 a day for refusing to divulge her sources for a series of stories published in 2017 while she was at Fox News. Herridge, who has aggressively fought the case, will appeal the decision, her lawyer Pat Philbin told me. As we have reported, the case could have First Amendment implications for journalists and news organizations across the country. In Thursday's order, Judge Christopher Cooper acknowledged the stakes. "The Court does not reach this result lightly," he wrote. "It recognizes the paramount importance of a free press in our society and the critical role that confidential sources play in the work of investigative journalists like Herridge. Yet the Court also has its own role to play in upholding the law and safeguarding judicial authority." Here's my full story.

► Fox News, in response to the decision, stood behind Herridge, warning that the decision could imperil the work of journalists: "Holding a journalist in contempt for protecting a confidential source has a deeply chilling effect on journalism," a network spokesperson said. "Fox News Media remains committed to protecting the rights of a free press and freedom of speech and believes this decision should be appealed."

THE FOURTH ESTATE

The Center for Public Integrity is mulling whether to merge with The Markup or shut down altogether "amid turmoil in its top ranks and financial difficulties," Ben Mullin reports. (NYT)
Three former sales executives who worked for The Messenger have filed a lawsuit, alleging the now-shuttered Jimmy Finkelstein-led outlet didn't pay out contractually mandated severance. (The Wrap)
Eric Wemple reports on how The Atlantic concluded a lawsuit in Japan "with embarrassing admissions." (WaPo)
Across the television news industry, staffers are bracing for "the great pay cut," Aidan McLaughlin reports. (Mediaite)
Dade Hayes sat down with Bill Owens, the executive producer of "60 Minutes," who chatted about 2024 and how the iconic program has embraced social media. (Deadline)
Lucia Moses reported on The NYT's "big plans for its cooking app." (Business Insider)
Wikipedia downgraded CNET to "generally reliable" after the Red Ventures-owned publication was rocked by the A.I. scandal. (Futurism)
Staffers at the non-partisan outlet The Marshall Project announced they are unionizing. (WaPo)
Kevin Nguyen eulogized TinyLetter, the "humblest newsletter service." (The Verge)

IN THE MARKET

"These activists must be defeated": Nine grandchildren of Walt and Roy Disney have united to oppose activist investor Nelson Peltz. (NYT)
Ashley Carman reports that Alex Cooper is seeking a nine-figure deal as she shops her "Call Her Daddy" podcast. Meanwhile, per Carman, Travis and Jason Kelce are also looking to score a pay day. (Bloomberg)
Oprah Winfrey exited the board of Weight Watchers after disclosing she uses a prescription medication to manage her weight. (THR)

MEDIA MOVES

The AP named Lucy Nicholson director of photography. (AP)
The NYT announced that Cassandra Vinograd joined the international desk as a news editor in London. (NYT)
Bloomberg re-hired David Gura as host of the flagship "Big Take Podcast," joining Saleha Mohsin and Sarah Holder. The outlet also hired Ryan Weeks as a senior editor. (TBN/TBN)
Fortune hired Amanda Gerut as West Coast editor for news. (TBN)

THE INFO WARS

CNN Photo Illustration/Gonzalo Fuentes/Reuters

Mocking Musk: Uh oh. Elon Musk's lawsuit against the nonprofit Center for Countering Digital Hate "appeared to stumble on Thursday as a federal judge sounded a skeptical note on many of the lawsuit's allegations, suggesting that the company formerly known as Twitter hasn't done enough to establish its claims," CNN's Brian Fung reported Thursday. In fact, Fung reported, the judge in the case mocked some of the Musk-owned X's claims and "signaled he may toss out" the lawsuit. Read Fung's full story.

IN THE BATTLEFIELD

Pat McAfee can't help himself! Without naming names, the ESPN host called his prior words "a warning shot" to a certain ESPN executive — assumed to be Norby Williamson — saying he doesn't have "a mother***ing boss." (Sports Business Journal)
McAfee also said during the Aaron Rodgers-Jimmy Kimmel controversy, there were nights he "couldn't sleep." (Mediaite)
CNN invited right-wing troll "Comfortably Smug," who has spent years trashing the network and its journalists, for a segment with his "Ruthless" podcast co-hosts focused on Mitch McConnell's retirement, Justin Baragona reports. (Daily Beast)
Andy Cohen pressed comedian Cheryl Hines on the conspiracy theories espoused by her husband, presidential hopeful RFK Jr. (Daily Beast)
The co-founders of Trump Media & Technology Group sued the company on Wednesday, claiming that Donald Trump had sought to divest them of a stake in the company, Drew Harwell reports. (WaPo)
"The A.I. culture wars are just getting started," Will Knight writes after Google's Gemini bot got pulled onto the battlefield. (WIRED)

THE VALLEY

CNN Photo Illustration/Laure Andrillon/Reuters

Facebook News Fades: Prepare to say goodbye to the Facebook News tab. In yet another sign Meta wants nothing to do with the news, the Mark Zuckerberg-led company announced Thursday night it will wind down its dedicated section for news. "This is part of an ongoing effort to better align our investments to our products and services people value the most," Meta said. "As a company, we have to focus our time and resources on things people tell us they want to see more of on the platform, including short form video." Bloomberg's Nick Turner and Alex Barinka have more here.

Meta's Questionable Monitoring: Another day brings another E.U. entity leveling a significant accusation against a Big Tech company. On Thursday, the European Consumer Organisation, which represents 45 various groups, accused Meta of a "massive" and "illegal" operation collecting excess data on millions of users. Meta pushed back, saying it is "confident" it is in compliance with the law. CNN's Anna Cooban has more here.

TOO MANY TABS

Aaron Tilley writes about how investors are "getting impatient" with Apple being "behind in A.I." (WSJ)
The SEC is investigating whether OpenAI misled investors, Deepa Seetharaman reports. The probe comes after the board said last year that Sam Altman had not been forthcoming with it. (WSJ)
"The fallout of a TikTok licensing dispute with Universal Music Group is not just the loss of backing soundtracks, but things like Cat Janice talking about her fight with cancer, over music that she herself created," Jason Koebler reports. (404 Media)
Reddit "should go public at $5 billion," Rebecca Szkutak reports. (TechCrunch)
"No, Sam Altman doesn't actually own half a billion dollars of Reddit stock," Madeline Berg and Hayley Cuccinello report. (Business Insider)

CURTAIN CALL

CNN Photo Illustration/Warner Bros.

'Dune' To Dominate: Here come the sandworms! "Dune: Part Two" might showcase a barren, desert planet. But movie theaters are hoping that the Warner Bros./Legendary Entertainment film will make it rain this weekend. The highly anticipated Denis Villeneuve film, which remarkably still boasts an outstanding 97% score on Rotten Tomatoes, opened with $7.6 million in early overseas previews. For context, Deadline's Nancy Tartaglione reports that is 63% over "Oppenheimer" and 27% over "Mission Impossible: Dead Reckoning." Tartaglione has more.

OFF STAGE

Ellen Gamerman hailed "Dune: Part Two" for being a film that "offers fresh faces in an industry beholden to older actors." (WSJ)
While "Dune" prepares to rock the box office, Nancy Tartaglione writes about how "Anyone But You" became a "$200M+ global box office phenomenon." (Deadline)
James Gunn shared an image from the new "Superman" film and also announced that the 2025 film's name had been simplified. (The Wrap )
"Everything Everywhere All at Once" directors Daniel Kwan and Daniel Scheinert will release their next film on June 12, 2026. (Variety)
Showrunners for "The Rings of Power" signed a new deal with Amazon as they begin to work on the show's third season. (THR)
Variety and Luminate are teaming up on "Streaming Originals Charts," which is "designed to bring transparency to viewership levels and rankings for original streaming TV shows and movies." (Variety)

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 next week.

You are receiving this newsletter because you signed up for Reliable Sources.
To stop receiving this newsletter, unsubscribe or sign up to manage your CNN account

Learn more about the CNN app | Get CNN web alerts | Sign up for a free CNN account