Should Executives that Suborn Perjury Get Special Favors?

by emptywheel

In my opinion, the key lines from Judith Regan's suit against the News Corp are these:

The complaint charges that one unnamed senior News Corp. executive "counseled Regan to lie and withhold information from investigators" about her acknowledged affair with former New York City Police Commissioner Bernard Kerik. Another unnamed News Corp. executive "advised Regan not to produce clearly relevant documents in connection with a governmental investigation of Kerik,'' according to the complaint.

Regan basically accuses two of Rupert's executives of suborning perjury. But, she doesn't provide their names. Yet. At the same time, she asks for $100 million to go away quietly.

That sure looks like a suit that will get settled quietly--at least it will if the executives in question are people Rupert would like to keep around. (Update: bmaz watches teevee so I don't have to ... and reveals one of these alleged suborners is ... Roger Ailes. Yeah. I agree with bmaz--Rupert probably would like to keep Ailes around.)

That may be what happens--but it certainly begs further discussion, not least because Cathie Martin's husband just proposed doing Rupert a huge favor. You see, News Corp is one of two intended beneficiaries  (the other is the Tribune Company) of FCC Commissioner Kevin Martin's proposal to eliminate the rule prohibiting ownership of a TV station and a newspaper in the same market.

Chairman Martin proposes the Commission amend the 32-year-old absolute ban on newspaper/broadcast cross-ownership by crafting an approach that would allow a newspaper to own one television station or one radio station but only in the very largest markets and subject to certain criteria and limitations.

News Corp and Tribune already break the rule; they're operating with waivers from the FCC. If Martin's proposal were to become law, it would free them to establish TV-newspaper pairs in further cities.

As freepress.net's post on this points out, the entire process by which Martin has been "considering" this plan has been utterly corrupt.

The entire process leading to Tuesday’s announcement has been a study in government corruption 101. Biased research, flawed data and unfair timelines from the FCC have consistently pushed the public out of the policymaking process and ignored citizens’ impassioned pleas against further media consolidation.

To give a big gift to News Corp--at a time when its executives are being accused of serious intrusions into a criminal investigation--would only pile up the corruption.

But perhaps the biggest reason that Regan's allegations should require Martin to pause before ramming through this deal comes from his own maudlin op-ed supporting the proposal. You see, Martin's editorial talks naively of "editorial independence."

In addition, each part of the combined entity would need to maintain its editorial independence.

If what Regan alleges is true (and she says she has recordings of the conversations), it mocks the very notion of editorial independence. Here's a company that--at a corporate level--is intruding on the editorial independence of one of its properties. Yet Kevin Martin thinks that, in spite of that clear evidence that no one within the News Corp empire has editorial independence, Rupert can be trusted to grant it as he further expands his empire?

Comments

[bmaz]

On Olbermann tonight (may have been Matthews, but I think KO) they made it pretty clear that there is solid information the executive, or main one of the culpable "executives", was indeed Roger Ailes. I would assume that is "Rupert would like to keep around"; actually, probably has to keep around. Ailes not only knows where many of the bodies of News Corp. are buried, he buried a lot of them.

[phred]

In a word, no. But since when have we had government officials that made decisions on behalf of the public interest, not to mention within the rule of law. They don't even try to hide this stuff anymore. So Martin will look directly into the camera as he looks personally wounded at the suggestion, the merest suggestion, that a company would do anything other than act honorably. Then when (and if) any indictments come down, Martin will be shocked, shocked that anyone misused his well-intentioned rules.

Just as the Consumer Safety Board is shocked by lead in toys, or the FDA at drug recalls, or the Mine Safety folks at mine accidents. Who could possibly have known? We spend so much time contemplating the ways DoJ has been perverted, but it is a systemic problem. And I don't see it going away anytime soon. Certainly not while the lobbyists and big campaign donors call the shots.

[SaltinWound]

I've been picketing every day in Los Angeles. The way big media has handled its negotiations with writers is really ridiculous. There's not a writer out there who wants to strike, let alone walk in circles on concrete under the hot sun. Maybe I'll check out Fox tomorrow...

[bmaz]

OPhred, you are absolutely right about the systemic corruption and evisceration. I can't speak for others, but the reason I have always been so focused on the DOJ end of it is twofold. One, it is directly related to what I do and actually half know something tangible about; and, two, the DOJ is really the biggest correcting mechanism for ills in our government and society, so it kind of sits as the crowning glory on the pile of crap Bush/Cheney has turned our government into. To me, at least, that makes the DOJ the most important, in addition to the most symbolic, of the ills.

[Mad Dogs]

And Rupert has been "making nice" with Hillary recently...just in case. Butter the bread on both sides - it's messy but effective.

[phred]

Sorry bmaz, didn't mean to imply that I thought we were inappropriately focused -- I quite agree, if we can't get the legal system functioning properly everything else is entirely beside the point. I was just railing against the metastatic cancer that is eating away every agency we have. It's an enormous problem. And this is why I get so torqued about Congress turning a blind eye to the Constitution and rule of law. If we have so utterly lost our grasp of the basic functions of government, how can we begin to address the operational aspects? It's maddening. And everywhere you look corrupt officials forge ahead with their corrupt acts, because no one will hold them to account.

And Mad Dogs that's exactly what I'm getting at, the DLC wing of the Democratic Party sees no problem with any of this, they just want to make sure they get in on the action. Which of course, brings me back to my favorite rant about campaign finance reform... Until we can change how elections are funded, our elected officials will continue to turn a deaf ear (goes with their blind eye) to their constituents. Meanwhile, they'll keep telling us how horribly awful the world will be if we vote for the other party or worse vote for a third party, thereby handing victory to the evil other party. So the electorate will do their part to keep the whole system rolling along until it goes off the rails entirely.

[Neil]

oh snap. how do you do it? do you work backwards? Regan to Ailes to Martin bag man. Independent editorial content. Right. Does it seem strange to you the FCC chair would advocate for a deal like this one anyway? I mean, don't they just decide and leave the advocacy to the parties, in this case NewsCorp and opponents. phred, has it right. the entire purpose of government under George Bush has been perverted. Molly Ivins tried to warn us about George. Americans don't read enough. They're too busy dancing to the sound of the mighty Wurlizter; Hillary is playing the gender card, Kucinich like Paul is a kook! Edwards is a phony with a $400 haircut, Obama took classes in a madras and isn't black enough, Guiliani is a centrist candidate. Republicans protect the US from Democrats, taxes and bad immmigration policy. God help us.

[bmaz]

Phred - I didn't take it that way at all, and never any reason to apologize to me. I think you made a valid point; I was just kind of thinking aloud as to why it was true as to me personally. It is maddening and it is what drives me so crazy that there has been NO instance of substantive accountability. Not one. There is the Dukestir and Abramoff; but of the inner core that propagated and perpetuated this, they either remain untouched and effectively unscathed, or they slip away into the night like Rove, Gonzales, Goodling etc. I don't get it. You would think that that the Dems would insist on headhunting for at least a sidekick as a show trophy to trot out as the patina of action; but they won't even do that. I truly thought we were moving toward impeachment of Gonzales for a short while, when that slipped away without a fuss I think the only real chance of piercing their veil may have gone down the drain. I dunno.

[BillE]

There can only be show trophies if the people who would go hunting haven't already been bagged. Warning...broken record...TSP and all of its offshoots has already been very effective with the english only translation department at NSA. The DC madam's list was cake to these searches since you can mix the metadata with temporal accounting data. They've got the goods on almost everybody on both sides of the aisle. A Waxmen here and there big deal when you own everybody else.

[bmaz]

Neil - I have been pondering the implications of the Regan bombshell since the second I saw it. It is fascinating. It has so many facets that touch on so many things on so many different levels. In that regard, it is somewhat similar to the Dan Rather lawsuit. Contra to Rather though, I think Regan can be made to go away with the right package offered up. I can't really picture Ailes (assuming the "executive" is indeed him) or Murdoch getting nicked. Hope I am wrong. You are right about Molly Ivins; but it didn't even take that. Bush kept saying he was "running on his record" from Texas. He didn't have much of one, and what record he did have was pathetic and full of fraud. It was plain as day for anybody that took half a look; but since the media (except Ivins) generally refused to report on that, nobody did look or think.

[Mad Dogs]

OT - I'm just lovin' "The Brothers Crack-me-up" over at TPM Muckraker:

Howard "Cookie" Krongard might have just perjured himself before the House Oversight Committee.

Earlier today, the State Department inspector general repeatedly told the panel that he was unaware his brother, A.B. "Buzzy" Krongard, had joined the advisory board of State Department security contractor Blackwater.

~snip~

In an exclusive interview with TPMmuckraker, Buzzy Krongard says that in that phone conversation, he specifically told Cookie Krongard he had agreed to join Blackwater's advisory board. "I had told my brother I was going on the advisory board," Buzzy Krongard says. "My brother says that is not the case. I stand by what I told my brother."

~snip~

"I told him I was going on this board. He claims I didn't tell him," Buzzy Krongard says. "So what can I tell you?"

~snip~

The two brothers don't speak regularly, Buzzy explains. "And after this," he says, he expects he'll speak to his brother "less often."

[Sara]

bmaz, don't be so down. Two good things led the news today. Krongard got caught in conflict of interest matters -- Condi clearly has to arrange to get him removed as her inspector general -- and the Regan story leads everywhere, largely because of the implied Sexual Arrangement at Hallowed Ground Zero with Kerik, but I suspect her tapes link to Ailes as well as to the mob, and at least Guiliani ought to have had the brains to figure that all out. In fact we have Guiliani recommending a mobbed up guy to head Homeland Security, and Bush going along with that idea until someone sat the idiot down and explained the facts of life to him.

Will there be acountability? of course there will be, and it will come next November. This is all about laying down all the chapters in the narrative. Before next November there will be a lollypop for everyone. (though I still wish that Guiliani had been strung up on the Alan Placka matter).

[bmaz]

Sara - Thanks, that is appreciated. I don't really get too down in that sense so much as every now and then just kind of floored by the enormity of it all when something like Phred's salient comment makes me step back and look at the big picture instead of plowing ahead in my usual point and shoot mode. One of the few perks of working the criminal defense and plaintiff's civil rights angles of the justice system for an extended period of time is that you get used to, if not quite comfortable, fighting from your heels and the short end of the stick. Bit by microscopic little bit, we are making a difference. Thanks to our own leadership, it is maddeningly slow and in tiny increments. But if not us, then who? The progressive blogosphere really has driven what progress has been, and is being, made as far as I can tell. And you are undoubtedly right about electoral accountability; but there really needs to be more, either criminal of Congressional, accountability for what has occurred. If there is not more than just the changing of the party guard, I really fear that too much of the seed pod process stays ratified and ingrained in the system. Again, I hope I am wrong about that (because it may not happen), but that is how I see it. Not down, just cognizant of the task.

[BlueStateRedhead]

Bmaz.
there are days that are less worse than others. Today gave us Cookie crumbling and in response to a Republican representative, to boot and, although I can't find it now, I am sure I saw an AP piece on the Feds closing in on Rep. Young of Alaska and Veco, which may not be news to readers of the Muck but is news for the MSM.
Oh yes, now the late hour is getting me silly:
If you follow men's tennis, it was also betterer because somebody, a real ordinary tennis player, beat R. Federer.

[YUH]

Newscorp just lost the office in Georgia Murdock bought and the President had destroyed and closed down. Cathie Martin? This all looks like CIA stuff. The Director of PC was there opening a web station the day it all happened.

[BlueStateRedhead]

Bmaz,

here's the AP story, courtesy of TPM, of course.
http://talkingpointsmemo.com/news/2007/11/golf_tournaments_eyed_in_corru.php

[bmaz]

BSR - As with Sara, thanks; but don't worry about me, I am good to go. And you are right, there were actually some pretty good and fun things going down in the last 24 hours. Cookie and Buzzkill are an interestingly dysfunctional (aren't they all) Gooper family eh? Two brothers that are curiously disjointed considering they are, from appearances, fighting on the same neocon/Bushie team. The much, much younger bmaz used to play tennis somewhat competitively, so i have a real appreciation of Federer. It is good to get Roger shaken up a little. I have to say, however, I have never seen anyone with such a complete, and nearly flawless, package of strokes. I don't think people appreciate how incredible he really is due to his polite and understated personality. Like his friend Tiger Woods, my guess is the loss will just wake him up though. I don't mind him winning so much as I just wish there was a bigger foil. There is Nadal on clay, but on any other surface, not so much.

[Sara]

Well, Invited out for Thanksgiving, but my Grocery Delivery Service just sent me an E-Mail about a small turkey that has never been in a cage, only raised on pure organic stuff, lived in a small flock, to be delivered fresh killed, so sometime next weekend, I will fix a second feast. I am big on fixing the whole thing, and then putting it up in the freezer for next February and March, and then putting the remains in the Soup Pot, and extracting soup base. Remember, I am a tail end of the Depression kid who actually remembers FDR -- and I learned from masters how to use everything and make it taste fantastic. Some folk like sports -- for me, it is cooking. (Remember, I bought that super stove last year.)

Anyhow, we all need to be realists. We can't expect the Bushie's to indict and prosecute themselves -- but what we can do is start asking our Democratic Candidates about what is tolerated, and what needs to be prosecuted. For instance, no one has yet asked a question about any of our candidate's philosophy about military contractors, and whether they should be under normal military command and control. Should the CIA be outsourcing intelligence operations? How should black ops be audited? As of today's hearings, we have yet another example of "can't remember" or "never knew" -- we should be asking whether appointees will be given memory tests before appointment, and held responsible for knowing what goes on in their domain. (Same questions need to be asked of House and Senate Candidates).

[freepatriot]

yo, Sara, cooking and football are NOT mutually exclusive

and ain't it great to have a "super stove" ???

I don't know how it works, but the thing "convections" or something

(wink)

[BWAF]

I doubt it will be settled quietly, if she doesn't get what she want, it's gonna be a long drawn out trial. How fun.

[Xenos]

Would anybody have standing, as intervenor, to preserve those recordings the Regan claims to have? Obviously the DOJ should be hopping in there, were they not corrupt, but could a private organization or person jump in here under a Rule 19 or 20 motion? Would another candidate have standing?

Somebody, or a few thousand somebodies, need to get inserted into that civil case to keep a sweetheart deal between Regan and Murdoch from being struck.

[freepatriot]

hey, we got real problems now

remember when the bushies used to "create their own reality" ???

well, it seems that reality found out the repuglicans were cheating on her, and she bit the repuglicans in the ass BIG TIME

all over the front page of the ny times

Several senior administration officials said that with each day that passed, more administration officials were coming around to the belief that General Musharraf’s days in power were numbered and that the United States should begin considering contingency plans, including reaching out to Pakistan’s generals.

IT'S nice to know that reality can still intrude into the bushworld, and I guess that I should be happy that somebody finally thought of this OBVIOUS FACT ...

but somehow I suspect that we'll soon hear that instability in Pakistan is just another reason to attack Iran

I think george bush's legacy just got butt fucked by history, but the repuglicans ain't figured that out yet

so what do we do now ???

[BlueStateRedhead]

OT, but for a good reason.
Good morning from the BlueState, who is writing from the East Coast about something on the West
that concern both and everyone in between as well above and beyond

Here with a chance to take action on behalf of an Iraq Vet and against mandatory sentences all at once.

The Vet is Sargent Brinkley (that’s his name, not his rank).
His story was most recently told @ Talkleft.
p://www.talkleft.com/story/2007/11/11/115859/96

(nice that it was Veteran's Day, too)
and earlier in a Daily Kos Diary that I am not finding.
His story, as told by Jerrilyn:
“West Point graduate who is currently facing twenty-odd years in prison for robbing a Walgreens under California’s minimum sentencing laws. He used a gun (unloaded) and robbed the drugstores of only Percocet - no money, harming nobody.
Here’s the kicker — he was addicted to the opiates after smashing his hip while serving abroad in the Army — the military medical system kept misdiagnosing him, and feeding him more of the painkillers. Add in some serious PTSD (he guarded mass graves in Bosnia from desecration at one point) and he spiraled down.

Sargent turned himself in, has been in a rehab program in county jail for over a year and a half while he awaits sentencing, and by all accounts is doing well. The Santa Clara DA wants to chuck the book at him, and he’ll be gone.

He has a court date tomorrow
His supporters, Jerrilyn, and me, concerned citizen who tries to write a letter or make a call every day ask you to make Sarge the topic of your letter today.

The addresses and templates are on:
http://supportsarge.org

Here’s their statement:

“Sargent’s legal team has entered a plea of not guilty to all charges. Defense lawyer Chuck Smith has offered a deal to the prosecution, asking them to let a judge decide Sargent’s sentence, with a maximum possible sentence of six years of prison time and a minimum of medical treatment and supervised probation. The office of the District Attorney has rejected this offer. Please help by writing to the DA in charge and asking her to reconsider this offer, and put Sargent’s sentencing in the hands of a judge. ”

[BlueStateRedhead]

Bmaz, good morning
As a newbee here, I am always amaz-ed when I get B-mazed, that's in my house, getting an response to my response from my most admired Bmaz.

Hope your day today is a-mazing.

And you are right about Federer. I admit to wanting an opportunity to insert my effort at being Odgen Nash (if anyone remembers his poems), with the betterer/Federer. But I like change in my champions and seeing the previously defeated have a chance.

My BlueState being the Bay State, rooting for the previously defeated comes with the territory. Or used to until recently.

[emptywheel]

Just thought of yet one more layer of deliciousness with this.

The new Attorney General, while he was being questioned by the Senate, promised he would recuse himself in any election matter dealing with Rudy.

I do believe this counts as an election matter--and oh so much more.

[darclay]

bmaz, If Regan has this tape that corp leaders told her to lie to officals doing an investigation, why have those officals not indicted the corp heads? Is there something I missed did they not thwart a criminal investigation? Maybe my mind is too simplistic, or ignorant of how the law works.

[dipper]

"Yet."

EW, I love that you made this a sentence. I'm going to use it myself sometime.

[bmaz]

xenos - Regan's complaint was (wisely I might add) filed in New York State court as opposed to Federal District Court. I have never been in a NY state court and have no clue what the local rules and practice in on intervenors. I would assume that, like most jurisdictions, third party intervenors are discouraged; which is as it should be. You don't want every Tom, Dick and Harry out there getting involved in every suit that comes into court. Bottom line, you would have to have an awfully compelling interest to intervene, and I am having a hard time picturing what and who that would be. The government, through law enforcement with jurisdiction, doesn't need to intervene to seize the evidence if they are so inclined. The court itself might (I emphasize might) could order the evidence impounded, but I find it unlikely even if possible.

Darclay - I have no idea exactly how this obstruction/suborning perjury situation played out; i.e. what interaction Regan has had with the DOJ on the News Corp. crimes as opposed to the underlying Kerik investigation. It may be the DOJ/FBI is learning of this part of the story, and apparently tapes of some kind, for the first time with the rest of us; they may already have known since talking to Regan about Kerik, we just don't know. One way or another, they kind of have to look at it now; it will be interesting to see how that goes....

[Darclay]

Thanks bmaz!

[Sara]

Thinking about this last night, It occurred to me that someone currently running against Guiliani might have standing to go to the FEC on the grounds that Newscorps policy, and Ailes/Fox execution of it, is an unfair and unreported campaign contribution. More than that, it appears to be a Corporate Contribution, not cleaned up as having come from an Executive or a political PAC. KO had another piece of it tonight -- apparently Newscorps hired Guiliani to lobby for them, a sort of no appearance job, for which they paid big fees.

I think anyone could make such a complaint -- but it would be nice if a good campaign outfit were to explore taking it up. CREW anyone?