Project Censored: The Byrne ultimatum
The story behind a censored story that was killed by The Nation

amanda@sfbg.com

Sometimes the story behind a story is just as juicy as the story itself. One of Project Censored's picks for the 2008 list - "Senator Feinstein's Iraq Conflict" started out as a project funded by the Nation Institute, and was supposed to splash the cover of the Nation magazine prior to the November 2006 election. Instead, it took some interesting peregrinations - involving some charges of partisan political influence -- before it was finally printed in the North Bay Bohemian on January 24, 2007.

Petaluma-based freelance journalist Peter Byrne was originally paid $4,500 by the Nation Institute to research connections between lucrative defense contracts granted to Perini and URS companies, in which Richard C. Blum held stock, and the Senate Appropriations Military Construction subcommittee (MILCON) that funds the contracts-- and which includes Blum's wife, Sen. Dianne Feinstein, as a ranking member.

Blum's companies were involved with more than $1.

A D V E R T I S E M E N T


5 billion in defense contracts between 2001 and 2005. Michael R. Klein, Blum's business partner and Feinstein's legal advisor, had been informing the senator about specific federal projects in which Perini had an interest, specifically to avoid conflict of interest issues, but Byrne reported Feinstein was not told about potential URS contracts. So, in the case of Perini, Feinstein would be informed and recuse herself from pertinent decisions, but with URS, she'd remain in the dark, and because the detailed project proposals don't include the names of the companies bidding, the senator wouldn't know it was URS.

"In theory, Feinstein would not know the identity of any of the companies that stood to contractually benefit from her approval of specific items in the military budget - until Klein told her," Byrne wrote.

According to Klein, a Senate Select Committee on Ethics ruled, in a confidential decision, that this was all above board.

But Byrne contends, "That these confidential rulings are contradictory is obvious and calls for explanation."

Furthermore, Byrne's research concluded that the senator could potentially look at the lists from Klein, compare them to the nameless funding requests and contracts coming before MILCON, and draw substantial conclusions on her own about where the money would end up.

"Klein declined to produce copies of the Perini project lists that he transmitted to Feinstein. And neither he nor Feinstein would furnish copies of the ethics committee rulings, nor examples of the senator recusing herself from acting on legislation that affected Perini or URS. But the Congressional Record shows that as chairperson and ranking member of MILCON, Feinstein was often involved in supervising the legislative details of military construction projects that directly affected Blum's defense-contracting firms," Byrne wrote.

A month after Byrne turned the story in to Bob Moser, who was the Nation's editor on the story, the piece was killed. In an email to Byrne, Moser wrote, "The main reason is that with Blum's sale of

Perini and URS stock last year, this became an issue of what Feinstein did rather than an ongoing conflict. Because ...

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( 3 comments | Comment on this article )
nationBen on Wednesday, September 5, 2007 at 02:16 PM
Ben Wyskida from the Nation here. While Amanda did a fair job in her reporting, we did feel that this article misrepresents why Peter Byrne's article was not printed.

Simply: Byrne's article did not meet the Nation's standards for publication. There were problems with the writing; there were problems with the sourcing; and his central thesis could not be corroborated. The article wasn't "censored;" we could not substantiate the main claims it made. Byrne himself notes the laundry list of other publications that passed on his article. Conservative stalwarts like the American Spectator and the Weekly Standard would have jumped at the chance to run this story if they believed they could stand behind it.

The Nation has a strong and unyielding history of challenging politicians of any party or perspective. Our investigation into the questionable corporate ties of the Clinton campaign (Hillary, Inc., May 2007) is just one example of articles in the last year alone challenging Democrats and demanding accountability for the Iraq War. Its convenient to blame politics here, but its just not true.
peterbyrne on Wednesday, September 5, 2007 at 11:43 PM
The Nation’s public relations flack, Ben Wyskida, is most disingenuous. In the magazine’s kill memo, which Amanda Witherell saw, The Nation’s investigative editor, Bob Moser, who had worked closely with me on the project, wrote that I had done a "solid job," but that the magazine liked to have a political "impact," and since Feinstein was "not facing a strong challenge for re-election," they were not going to print the story. If that is not a political reason, then I do not know not what is.

Wyskida, who was not involved in the project, is not telling the truth when he talks about problems with sourcing etc. Notice that he does not refer to a single concrete example of a supposedly incorrect fact. That is because every fact stems from a public record or an on the record interview for attribution; and every fact was triple-checked. After the right wing talk radio demagogues started broadcasting my findings in March, thousands of bloggers, and an assortment of mainstream media reporters, glommed onto the story searching for factual errors. They found not a single one. Nor did The Nation find any factual errors; and the central thesis of my reporting, that Feinstein did not recuse herself from acting on matters that significantly impacted her personal finances, was clearly corroborated by the Congressional Record. No less than four non-partisan ethics experts reviewed the material, and it was their clearly reported statements in my story that Feinstein had a conflict of interest that gave the article gravitas. Wyskida is blowing smoke because The Nation is embarrassed that conservative bloggers and radio-jerks like Rush Limbaugh and Michael Savage were lauding the story and applauding The Nation for funding it.

As for The Nation’s status as a mouthpiece for the moderate wing of the Democratic Party, you will observe that Vanden Heuval does not like Rupert Murdoch’s darling, Hillary Clinton, but she gushes over Mister War On Terror is Good Barack Obama. And The Nation recently loathed Cindy Sheehan in print for daring to run against the Democrat’s Great White Warmonger, House Speaker Nancy Pelosi. And, please note, Mister Wyskida, that your boss, Katrina Vanden Heuval wrote an editorial praising Feinstein after the November 2006 elections.

And of course the neoconservative magazines passed on the story: because they consider the so-called liberal Feinstein as one of their own! If The Nation had any guts, it would come clean and admit it made a mistake based on political opportunism. And you’d best get your facts in order, Wyskida, because I have an email trail of every interaction that I had with The Nation’s editors. That said, there is an obvious fracture within the editorial ranks at The Nation. The managing editor who originally approved my story is gone; so is the person at The Nation’s investigative fund who wrote the check. And not all the writers are pro-Pelosi, pro-Obama. Despite being forced to witness socialite-millionaire Vanden Heuval’s self-promoting antics on television, radio and the Net, many fine writers at the magazine swallow their gorge and continue to perform good services. The ancient, ailing publication just needs a new editor/publisher—one who is not a political partisan.

For the full account of what really went down see my exposé, DiFi Backlash: [link]

--Peter Byrne

Ike_Solem on Sunday, September 16, 2007 at 12:49 PM
The Nation wants people to believe that the problem was with: "the Nation's standards for publication. There were problems with the writing; there were problems with the sourcing; and his central thesis could not be corroborated."

However, the Nation also has been publishing Alexander Cockburn's outrageously deceptive claims that 'global warming is a hoax'. See [link]

I think the real problem here is a reluctance to really examine what has been going on with government and private business contracts and the University of California. A few examples include the Bechtel/BWXT/Battelle 'partnership' with the UC system to run the Lawerence Livermore Labs, the British Petroleum 'partnership' with UC Berkeley to create biofuels (or coal fuels?), and so on. There are many other examples of secretive arrangements between the UC Regents, various university departments and private interests that are seriously damaging the integrity and image of the UC system.

A quick search of The Nation reveals that they have published nothing on any of the above stories. The corporate takeover of academics is apparently just too touchy of a subject for them.

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