After the Tall Timber

by Renata Adler

  Now, whatever other mistakes President Clinton may have made, in this or any other matter, he, too, had made utterly absurd mistakes of constitutional proportions. He had no obligation at all to go before the grand jury. It was a violation of the separation of powers and a mistake. Once again, he may have overestimated his charm. Charm gets you nowhere with prosecutors’ questions, answered before a grand jury under oath. And of course, Mr. Starr had managed to arrange questions—illegally, disingenuously, at the absolute last minute—which were calculated to make the President testify falsely at his deposition in the case of Paula Jones. Whether or not the President did testify falsely, the notion that “perjury” or even “obstruction of justice” in such a case could rise to the level of “Treason, Bribery or other high Crimes and Misdemeanors,” the sole constitutional grounds for impeachment, had no basis in history or in law.

  One need not dwell on every aspect of the matter to realize this much: As sanctimonious as lawyers, congressmen, and even judges may be, most legal cases are simply not decided on arcane legal grounds. Most turn on conflicting evidence, conflicting testimony. And this conflict cannot, surely, in every case or even in most cases, be ascribed either to Rashomon phenomena or to memory lapses. In most cases—there is no other way to put it—one litigant or the other, and usually both, are lying. If this were to be treated as “perjury” or “obstruction of justice,” then, alas, most losers in litigation would be subject to indictment. Anyone who has studied grounds for impeachment at all knows that “high Crimes and Misdemeanors” refers, in any event, only to crimes committed in the President’s official capacity and in the actual conduct of his office.

  And now the press. Perhaps the most curious phenomenon in the recent affinity of the press with prosecutors has been a reversal, an inversion so acute that it passes any question of “blaming the victim.” It actually consists in casting persecutors as victims, and vilifying victims as persecutors. The New York Times is not alone in this, but it has been, until recently, the most respected of newspapers, and it has been, of late, the prime offender. A series of recent events there gives an indication of what is at stake.

  In a retreat in Tarrytown, in mid-September, Joseph Lelyveld—in his time a distinguished reporter, now executive editor of the Times—gave a speech to eighty assembled Times newsroom editors, plus two editors of other publications, The New Yorker and Newsday. The ostensible subject of the retreat was “Competition.” Mr. Lelyveld’s purpose, he said, was to point out “imperfections in what I proudly believe to be the best New York Times ever—the best written, most consistent, and ambitious newspaper Times readers have ever had.” This was, in itself, an extraordinary assertion. It might have been just a mollifying tribute, a prelude to criticism of some kind. And so it was.

  “I’m just driven by all the big stuff we’ve accomplished in recent years—our strong enterprise reporting, our competitive edge, our successful recruiting, our multimedia forays, our sheer ambition,” Lelyveld went on, “to worry” about “the small stuff,” particularly “the really big small stuff.” “I especially want to talk to you,” he said, “about corrections, and in particular, the malignancy of misspelled names, which, if you haven’t noticed, has become one of the great themes of our Corrections column.”

  He might have been joking, but he wasn’t. “Did you know we’ve misspelled Katharine Graham’s name fourteen times? Or that we’ve misspelled the Madeleine in Madeleine Albright forty-nine times—even while running three corrections on each? . . . So far this year . . . there have been a hundred and ninety-eight corrections for misspelled given names and surnames, the overwhelming majority easily checkable on the Internet . . . . I want to argue that our commitment to being excellent and reliable in these matters is as vital to the impression we leave on readers, and the service we perform for them, as the brilliant things we accomplish most days on our front page and on our section-front displays.”

  Lelyveld recalled the time, thirty years ago, when he had first come to the newspaper (a better paper, as it happens, an incomparably better paper, under his predecessors, whom present members of the staff tend to demonize). “Just about everything else we do today, it seems to me, we do better than they did then.” But, in view of “the brilliant things we accomplish most days” (“We don’t just claim to be a team. We don’t just aspire to be a team. Finally, I think we can say, we function as a team. We are a team”), he did want to talk about what he regarded as a matter of some importance: “Finally . . . there’s the matter of corrections (I almost said the ‘festering matter’ of corrections). As I see it, this is really big small stuff.”

  A recent correction about a photo confusing monarch and queen butterflies, he said, might seem amusing—“amusing if you don’t much mind the fact that scores of lepidopterists are now likely to mistrust us on areas outside their specialty.”

  And that, alas, turned out to be the point. This parody, this misplaced punctiliousness, was meant to reassure readers—lepidopterists, whomever—that whatever else appeared in the newspaper could be trusted and was true. Correction of “malignant” misspellings, of “given names and surnames,” middle initials, captions, headlines, the “overwhelming majority” of which, as Lelyveld put it, would have been “easily checkable on the Internet” was the Times’s substitute for conscience, and the basis of its assurance to readers that in every other respect it was an accurate paper, better than it had ever been, more worthy of their trust. Stendhal, for instance, had recently been misspelled, misidentified, and given a first name: Robert. “A visit to Amazon.com, just a couple of clicks away, could have cleared up the confusion.” Maybe so.

  The trivial, as it happens often truly comic, corrections, persist, in quantity. The deep and consequential errors, inevitable in any enterprise, particularly those with deadlines, go unacknowledged. By this pedantic travesty of good faith, which is, in fact, a classic method of deception, the Times conceals not just every important error it makes but that it makes errors at all. It wants that poor trusting lepidopterist to think that, with the exception of this little lapse (now corrected), the paper is conscientious and infallible.

  There exists, to this end, a wonderful set of locutions, euphemisms, conventions, codes, and explanations: “misspelled,” “misstated,” “referred imprecisely,” “referred incorrectly,” and recently—in some ways most mystifyingly—“paraphrase.”

  On September 19, 2000, “An article on September 17 about a program of intellectual seminars organized by Mayor Jerry Brown of Oakland, California, referred imprecisely to some criticisms of the series. The terms ‘Jerrification’ and ‘pointy-headed table talk’ were the article’s paraphrase of local critics, not the words of Willa White, president of the Jack London Association.”

  On October 5, 2000, “A news analysis yesterday about the performances of Vice President Al Gore and Gov. George W. Bush of Texas in their first debate referred imprecisely in some copies to a criticism of the candidates. The observation that they ‘took too much time niggling over details’ was a paraphrase of comments by former Mayor Pete Flaherty of Pittsburgh, not a quotation.”

  On November 9, 2000, “An article on Sunday about the campaign for the Senate in Missouri said the Governor had ‘wondered’ about the decision of the late candidate’s wife to run for the Senate. But he did not use the words ‘I’m bothered somewhat by the idea of voting for a dead person’s wife, simply because she is a widow.’ That was a paraphrase of Mr. Wilson’s views and should not have appeared in quotation marks.”

  On December 16, 2000, “Because of an editing error, an article yesterday referred erroneously to a comment by a board member,” about a recount. “ ‘A man has to do what a man has to do’ was a paraphrase of Mr. Torre’s views and should not have appeared in quotation marks.”

  Apart from the obvious questions—What is the Times’s idea of “paraphrase”? What were the actual words being paraphrased? What can “Jerrification,” “pointy-headed table talk,
” “niggling,” and even “A man has to do what a man has to do” possibly be paraphrases of—what purpose is served by these corrections? Is the implication that all other words in the Times, attributed in quotation marks to speakers, are accurate, verbatim quotations? I’m afraid the implication is inescapably that. That such an implication is preposterous is revealed by the very nature of these corrections. There is no quotation of which “Jerrification” and the rest can possibly be a paraphrase. Nor can the reporter have simply misheard anything that was actually said, nor can the result be characterized as having “referred imprecisely” or “referred erroneously,” let alone be the result of “an editing error.”

  It cannot be. What is at issue in these miniscule corrections is the Times’s notion of what matters, its professionalism, its good faith, even its perception of what constitute accuracy and the truth. The overriding value is, after all, to allay the mistrust of readers, lepidopterists, colleagues. Within the newspaper, this sense of itself—trust us, the only errors we make are essentially typos, and we correct them; we never even misquote, we paraphrase—appears even in its columns.

  In a column published in the Times on July 20, 2000, Martin Arnold of the Arts/Culture desk, for example, wrote unhesitatingly that, compared with book publishing, “Journalism has a more rigorous standard: What is printed is believed to be true, not merely unsuspected of being false. The first rule of journalism,” he wrote, “is don’t invent.”

  “Except in the most scholarly work,” Mr. Arnold went on, “no such absolutes apply to book publishing . . . . A book writer is . . . not subject to the same discipline as a news reporter, for instance, who is an employee and whose integrity is a condition of his employment . . . a newspaper . . . is a brand name, and the reader knows exactly what to expect from the brand.” If book publishers, Mr. Arnold concluded, “seem lethargic” about “whether a book is right or wrong, it maybe [sic] because readers will cut books slack they don’t give their favorite newspaper.”

  In this wonderful piece of self-regarding fatuity, Mr. Arnold has expressed the essence of the “team’s” view of its claim: The Times requires no “slack.” It readily makes its own corrections:

  The Making Books column yesterday misspelled the name of the television host . . . . She is Oprah Winfrey, not Opra.

  An article about Oprah Winfrey’s interview with Al Gore used a misspelled name and a non-existent name for the author of The Red and the Black . . . . The pen name is Stendhal, not Stendahl; Robert is not part of it.

  The Advertising column in Business on Friday misspelled the surname of a singer and actress . . . . She is Lena Horne, not Horn.

  An article about an accident in which a brick fell from a construction site atop the YMCA building on West 63rd Street, slightly injuring a woman, included an erroneous address from the police for the building near which she was standing. It was 25 Central Park West. (There is no No. 35).

  Because of an editing error, the Making Books column on Thursday . . . misstated the name of the publisher of a thriller by Tom Clancy. It is G.P. Putnam, not G.F.

  An article on Monday about charges that Kathleen Hagen murdered her parents, Idella and James Hagen, at their home in Chatham Township, N.J., misspelled the street where they lived. It is Fairmount Avenue, not Fairmont.

  And so on. Endlessly.

  What is the reasoning, the intelligence, behind this daily travesty of concern for what is truthful? Mr. Arnold has the cant just about right. “Don’t invent.” (Pointy-headed table talk? Jerrification? Niggling? Paraphrase?) “Discipline”? “Integrity”? “Rigorous standard”? Not in a long time. “A newspaper is a brand name, and the reader knows exactly what to expect from the brand.” Well, there is the problem. Part of it is the delusion of punctilio. But there is something more. Every acknowledgment of an inconsequential error (and they are never identified as reporting errors, only errors of “editing,” or “production,” or “transmission,” and so forth), in the absence of acknowledgment of any major error, creates at best a newspaper that is closed to genuine inquiry. It declines responsibility for real errors, and creates as well an affinity for all orthodoxies. And when there is a subject genuinely suited to its professional skills and obligations, it abdicates. It almost reflexively shuns responsibility and delegates it to another institution.

  Within a few weeks of its small retreat at Tarrytown, the Times, on two separate occasions, so seriously failed in its fundamental journalistic obligations as to call into question not just its judgment and good faith but whether it is still a newspaper at all. The first occasion returns in a way to the subject with which this introduction began: a pool.

  On election night, television, it was generally acknowledged, had made an enormous error by delegating to a single consortium, the Voter News Service, the responsibility for both voter exit polls and calling the election results. The very existence of such a consortium of broadcasters raised questions in anti-trust, and VNS called its results wrongly, but that was not the point. The point was that the value of a free press in our society was always held to lie in competition. By a healthy competition among reporters, from media of every political point of view, the public would have access to reliable information, and a real basis on which to choose. A single monolithic, unitary voice, on the other hand, is anathema to any democratic society. It becomes the voice of every oppressive or totalitarian system of government.

  The Times duly reported, and in its own way deplored, the results of the VNS debacle. Then, along with colleagues in the press (the Washington Post, CNN, the Wall Street Journal, ABC, AP, the Tribune Company), it promptly emulated it. This new consortium hired an organization called the National Opinion Research Center to undertake, on its behalf, a manual recount of Florida ballots for the presidential election. The Miami Herald, which had already been counting the votes for several weeks, was apparently the only publication to exercise its function as an independent newspaper. It refused to join the consortium. It had already hired an excellent accounting firm, BDO Seidman, to assist its examination of the ballots. NORC, by contrast, was not even an auditing firm but a survey group, much of whose work is for government projects.

  The Times justified its (there seems no other word for it) hiding, along with seven collegial bureaucracies, behind a single entity, NORC, on economic grounds. Proceeding independently, it said, would have cost between $500,000 and $1 million. The Times, it may be noted, had put fifteen of its reporters to work for a solid year on a series called “Living Race in America.” If it had devoted just some of those resources and that cost to a genuine, even historic, issue of fact, it would have exercised its independent competitive function in a free society and produced something of value. There seems no question that is what the Times under any previous publisher or editors would have done.

  In refusing to join the consortium, the Miami Herald said the recount was taking place, after all, “in our own back yard.” It was, of course, America’s backyard, and hardly any other members of the press could be troubled with their own resources and staff to enter it.

  The second failure of judgment and good faith was in some ways more egregious. In late September of 2000 there was the Times’s appraisal of its coverage (more accurately, the Times’s response to other people’s reaction to its coverage) of the case of Wen Ho Lee.

  For some days, there had been rumors that the Times was going to address in some way its coverage of the case of Wen Ho Lee, a sixty-year-old nuclear scientist at Los Alamos who had been held, shackled and without bail, in solitary confinement, for nine months—on the basis, in part, of testimony, which an FBI agent had since admitted to be false, that Lee had passed American nuclear secrets to China; and testimony, also false, that he had flunked a lie detector test about the matter; and testimony, false and in some ways most egregious, that granting him bail would constitute a “grave threat” to “hundreds of millions of lives” and the “nuclear balance” of the world. As part of a plea bargain, in which
Lee acknowledged a minor offense, the government, on September 14, 2000, withdrew fifty-eight of its fifty-nine original charges. The Federal District Judge, James A. Parker, a Reagan appointee, apologized to Lee for the prosecutorial conduct of the government.

  The Times had broken the story of the alleged espionage on March 6 of 1999, and pursued it both editorially and in its news columns for seventeen months. A correction, perhaps even an apology, was expected to appear in the Week in Review section, on Sunday, September 24, 2000. Two Times reporters flew up from Washington to register objections. The piece, whatever it had been originally, was edited and postponed until the following Tuesday. (The Sunday Times has nearly twice the readership of the daily paper.) Readers of the Week in Review section of Sunday, September 24, 2000, however, did find a correction. It was this:

  An Ideas & Trends article last Sunday about a trend toward increasing size of women’s breasts referred incorrectly to the actress Demi Moore. She underwent breast augmentation surgery, but has not had the implants removed.

  In the meantime, however, on Friday, September 22, 2000, there appeared an op-ed piece, “No One Won the Whitewater Case,” by James B. Stewart, in which the paper’s affinity with prosecution—in particular the Special Prosecutor—and the writer’s solidarity with the Times reporters most attuned to leaks from government accusers found almost bizarre expression. Stewart, a Pulitzer Prize-winning journalist and the author of Blood Sport, wrote of Washington, during the Clinton administration, as a “culture of mutual political destruction.” In what sense the “destruction” could be deemed “mutual” was not entirely clear. Mr. Stewart praised an article about Whitewater, on March 8, 1992, written by Jeff Gerth (one of the original writers of the Wen Ho Lee pieces) as “a model of investigative reporting.” He wrote of “rabid Clinton haters” who believed that Vincent Foster was “murdered, preferably by Hillary Clinton herself”; he added, however, the Clintons “continued to stonewall,” providing “ample fodder for those opposed to the President.”