Holy Crap -- A Safire Column I Agree With: Criminal Penalties for the CBS Forger

[Overpaid Slacker]

First, Find the Forger
By WILLIAM SAFIRE

Whoever, having devised any scheme or artifice to defraud transmits or causes to be transmitted by means of wire, radio or television communication in interstate or foreign commerce, any writings for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. " U.S. Criminal Code, Chapter 63, Section 1343.

WASHINGTON — At the root of what is today treated as an embarrassing blunder by duped CBS journalists may turn out to be a felony by its faithless sources.

Some person or persons conceived a scheme to create a series of false Texas Air National Guard documents and append a photocopied signature to one of them. The perpetrator then helped cause the fraudulent file to be transmitted by means of television communication to millions of voters for the purpose of influencing a federal election.

That was no mere "dirty trick"; it could be a violation of the U.S. criminal code. If the artifice had not been revealed by sharp-eyed bloggers, a national election could have been swung by a blatant falsehood.

Who was the forger? Did others conspire with him or her to present a seeming government document - with knowledge of its falsity and with intent to defraud, which is a felony in Texas? Who was to benefit and how?

CBS News belatedly apologized and agreed to appoint independent examiners. That's a start.

The government and the courts have no business forcing journalists to reveal sources. But no ethic requires a journalist to protect a source who lied. Accordingly, Dan Rather went to the Texas ranch of his source and telecast Bill Burkett's admission of having falsely "thrown out the name" of someone who gave him the false evidence. Burkett now claims his real source was some hard-to-find mystery woman.

What benefit did the Bush-hating Burkett gain from CBS in return for his fake documents? One plausible answer: he got coveted access to someone high up in the Kerry campaign.

We learned last week that Burkett had reached Kerry's convention introducer, former Senator Max Cleland, to plead for access to higher-ups so as to launch a "counterattack." Cleland confirms getting the call and says he told him to try the D.N.C., (where Terry McAuliffe, as former prosecutor Joseph DiGenova noted on MSNBC, carefully denied a role only in the preparation of the documents).

When his call to headquarters was not returned, Burkett then asked Mary Mapes, the CBS producer, to help him gain the top-level Kerry access he so highly valued.

Only days before the telecast, Mapes or some other "60 Minutes" staff member delivered the goods: their "unimpeachable" source was paid off with a call from Joe Lockhart, the Clinton press aide newly hired to strip nuance out of Kerry's message. With the number supplied by CBS, Lockhart called Burkett. We don't know what was said, but the call from on high was payoff in itself.

What should CBS do now? First, release Rather's interview with Burkett in its entirety; viewers are entitled to the outtakes now. Next, let Mary Mapes, at the center of all this, speak to reporters. Third, expend some Viacom resources to track down the possible original sources, including the man whose name Burkett says he "threw out" to mislead CBS.

Appointing independent reviewers should not be a device to duck all others' questions; that's Kofi Annan's trick to stonewall his oil-for-food scandal. But lacking the power of a grand jury's subpoena or testimony under oath, victimized CBS cannot put real heat on the perpetrator or conspirators. We have hard evidence of crimes by low-level operatives here - from wire fraud to forgery - as well as the potential of high-level political involvement. Is no prosecutor prepared to enforce the law?

Conservatives should stop slavering over Dan Rather's scalp, and liberals should stop pretending that noble ends justify fake-evidence means. Both should focus on the lesson of the early 70's: from third-rate burglaries to fourth-rate forgeries, nobody gets away with trying to corrupt American elections.

[Moses]

The longer the network delays "coming clean", the worse it looks. Rathers career is permanently stained and a news networks credibility is in the balance.

The network should reveal it's sources, charges should be filed and they should put an end to this distraction.

Haven't they learned from Nixon and Clinton? It's not the crime that kills you, it's the coverup.

[Crowbob]

1) Nobody gets away with trying to corrupt American elections?---except in Broward County, FL.
2) Didn't CBS Transmit False Documents for the purposes etc...? You may say "Knowingly" transmits. Well, some at CBS knew, or should have known, they were false.
3) Don't be deceived by Safire's desire to get Rather off the hook. Rather was the man in charge. He's toast.

[fintstone]

Originally posted by JIMCRY
1) Nobody gets away with trying to corrupt American elections?---except in Broward County, FL.

Yes, but the Dems really didn't get away with it. Their man lost.

[Crowbob]

Good point, Flint.

[jm951]

But they did get away with tossing out the military votes. Now they spout that they want to count every vote, just so long as it isn't military nor for a Republican.

[island911]

Originally posted by SoCal911SC
. . .. and that's why it won't be going away soon.

I dunno . .. just how much time is need, to be left available, for Hilary to step in?

Though, yeah, I hear she can swoop-on-in quickly, on that broom of hers.

[Crowbob]

Rumor has it Hillary had something to do w/ Memogate. Her chances in '08 against a nonencumbent Republican are better than unseating an encumbent Democrat. If Kerry is elected, she'll have to wait until '12 or he'd have to dump Edwards in '08 and name her as V.P. Kerry would be unwise to have Hillary on the ticket especially after our worst fears are realized w/ chaos and corruption after 4 years of Kerry.

[island911]

Come to think of it, the dem's have pretty well shot themselves in the foot (again). With all their legal efforts to block Nader from getting on many ballots, the dem's would be screwed if they tried to get hillary on.

yeah. . we'll she her in '08 when more boomers are facing medical needs, and she resurrect her "free-hospital-lunch" program.