The Rather Suit: Settlement a Likelihood

Photo of Matthew Sheffield.
By Matthew Sheffield | September 22, 2007 - 10:09 ET

As characteristically strange and bizarre as Dan Rather's lawsuit against CBS is, chances are high that CBS is going to give him some kind of concession, monetary and otherwise.

Neil Cavuto, host of FNC's "Your World" made this point earlier this week stating that CBS has no real alternative other than a long, dragged out court case that will rehash its worst corporate moment. He's right:

Dan Rather is going to win.

I don't know if he's going to get the 70 million bucks he's demanding from CBS.

But I bet he gets close to that.

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Not because he deserves it... I'm not here to speak to that. But because CBS, in its media heart of hearts, can't be bothered with it.

In terms of the law, CBS has a strong chance that it can defeat Rather on the merits, especially concerning the disgraced anchor's claim that the Memogate panel was "biased." Dan's right in asserting the report was biased, but it wasn't against him. If you have a few minutes, read the the actual report--you'll find no evidence at all for its claim that "The Panel does not find a basis to accuse those who investigated, produced, vetted or aired the segment of having a political bias."

If there was a bias in the report, this was it. Dan Rather has such a long record of left-wing bias in his reporting my brother Greg and I spent four and a half years trying to keep up with it all at RatherBiased.com. Mary Mapes's actions since the release of the report demonstrate that she also is a rabidly liberal Democrat who is eager to do anything to damage conservative Republicans. Read the report and you will see zero evidence to the contrary.

If they don't know this already, CBS's attorneys soon will and it's only one of many defenses (here's another) the network can make against Rather's claim. Is it worth it to the network to take all of the CBS skeletons out of the closet in order to beat down Rather's nonsense? I don't think so. CBS will settle this suit in some fashion. Dan Rather is a broken man with nothing to lose. CBS still has a lot.

Update 16:20. BeldarBlog has more on how settlement is inevitable:

And that's why Rather's case — as incredibly, stinkingly, appallingly, cosmically bogus as it is — nevertheless has some considerable settlement value: Not because CBS is likely to lose to Rather if the truth is confirmed in court, but because individual decision-makers within CBS may have overwhelming vested interests in ensuring that the facts are not thoroughly probed in court.

By failing to fire Rather for cause, by whitewashing his personal responsibility while only firing others, and by enabling the shattered fragments of his journalistic reputation to keep stumbling along for almost two more years before he finally staggered away from the Tiffany Network on his own two feet, CBS has put Dan Rather in a position from which he may very well be able to effectively blackmail the network into a settlement. Rather may be saying to CBS: "I'm going to show how righteous I was, and that you were wrong!" But what CBS may hear (and justly fear) is: "I'm going to make you show how corrupt I was, and that will necessarily also show that you were right there in that corrupt bed with me."

—Matthew Sheffield is Editor of NewsBusters.

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Wan't there just a post on

Wan't there just a post on here yesterday or the day before with Rather saying he absolutely would not accept just a financial settlement because it wasn't about the money:? I can't find it again, but I remember posting a comment that said when someone says it's not about the money, it's the principle; you can bet, 9 times out of ten, it's about the money.

Well, we'll see  if Dan will accept just money, or insist on a public apology from CBS. My thought was if they only apologized and saved his "reputation", THEN he would yell about the earnings he could have had, etc. and it will then be about money.

Not About Money

I don't think this lawsuit is about money.  I think Rather wants CBS to issue a public apology for not removing him as anchor of the CBS Evening News and not renewing his contract.

If CBS is willing to do that - the case will settle.

Risk management for CBS --- they could win.

You may well be right about that.

Is it worth it to the network to take all of the CBS skeletons out of the closet in order to beat down Rather's nonsense? I don't think so. CBS will settle this suit in some fashion.

Good point.  Rather knows where the skeletons are, so there is that risk.

On the other hand, CBS could bolster their case by revealing Rather's skeletons as proof of a pattern, and evidence that their decision was neither implusive nor unwarranted.  With its once-vaunted reputation as network news leader already wrecked under Rather's tenure as news anchor -- capped by the Rather-gate scandal -- CBS could use the whole trial to showcase that they've turned a page, even going so far as to hiring a news anchor from outside their news bureau to get a fresh perspective (Couric).  

If there is anything that might be settled out of court, it's probably CBS's contractural obligations to Rather. In other words, Rather claimed that after being removed as anchor, he was given less air time than his contract promised.  CBS's only defense would rest in the language of the contract itself regarding Rahter's performance, and we don't know what that language is.

Dan Rather is a broken man with nothing to lose. CBS still has a lot.

Rather certrainly is that, and his restless ego demands vindication. 

CBS's reputation can't really get any lower, so whatever they lose probably won't hurt --- it might even help, in the sense that they could make a clean break from past errors, while ABC and NBC would still be hiding their skeletons.  CBS could claim that they really had changed while their competitors have not.  For that reason -- and it does involve risk -- if CBS decides it's worth a few million dollars to defend against the suit, it might actually enhance their credibility with viewers. 

 

 

This is sickening. Dan Rather deserves nothing.

I find it disgusting beyond words that this colossal fraud of a "journalist" is going to profit from this hideous episode in any way.

As far as I am concerened, this man, along with Mary Mapes and others, employed documents that they knew to be fraudulent, in what I consider to have been a criminal effort to bring down a sitting president.

This profoundly stupid man has blood on his hands, leftover from Vietnam, that runs clear up to his armpits-every bit as much as Jane Fonda, John Kerry, Ted Kennedy and Walter Cronkite. Maybe even more. Millions of innocent people died due solely to their actions.

It's just sad that this man will never be held to account for that. Not in this life, anyway.

Too bad.


When I'm president, privatization is off the table because it's not the answer to anything.
-Hillary Rodham, September 3, 2007 AARP Legislative Conference.

I don't have much respect

I don't have much respect for CBS in the first place, but if they cave to this meritless lawsuit, they'll deserve no respect at all.  They need to corner this dirtbag in deposition, expose his patent fraud for all to see...put the final nail in his long overdue coffin.  But I suspect they won't...they can't afford their own fraud to be exposed.  How does Les Moonves still have a job?  The most incompetent media executive (maybe 2nd to Pinch) ever.  First Stern, then Imus, now Rather.  He should have been pinkslipped long ago.  Rather seems to have graduated with honors from the Jesse Jackson School of Corporate Shakedowns.

Merit

I am not a fan of Dan Rather, but the suit has enough merit to proceed to trial.  

Amidst all the bluster in the complaint, two triable claims emerged:

  1. CBS violated the terms of his contract by failing to provide him with "optimum expose".
  2. CBS failed to act in good faith, and induced him not to seek employment elsewhere when it said in writing that it would negotiate a new contract with him, and then refused to do so. The representation was made after the scandal.

 While I don't think CBS executives would show much fortitude, Rather's real aim, an apology from CBS which absolves him of wrongdoing may be beyond their capabilities.

 

I disagree that Rather is

I disagree that Rather is simply seeking an apology from CBS.  He's certainly not entitled to one, and I don't think he'll get one.  This is a classic hostage standoff situation, CBS may settle with Rather because the network will be shown to have been complicit in Rather's fraud.  Rather has no credibility left to defend, but he can certainly squeeze a nice severance chunk of change by holding CBS' reputation out for scrutiny. 

The legal blogger Beldar has

The legal blogger Beldar has pointed out that it may just be in CBS's interest to settle out of court because a trial would reveal how utterly incompetent CBS news was in handling Rather and the Memogate story. Revelations that surpass those from the Thornburgh inquiry.

IOW, Rather may, indeed, know where the bodies are buried. But that's because he helped bury some of them.

Including, if you will, his own.

SMG

Submission... thy name is CBS

They'll roll over so fast they'll end up spinning an extra 3000 rotations. Buncha gutless wonders down there.

Happy Trails...

Thanks

I put that into the bottom of this post as an update.

But I bet he gets close to that...

How much will Couric then want?

JDW

CFR: Chung, Riady, Hsia, Trie, Huang, Hsu, Paw... Who's looking?