EYE
OF THE STORM
Why Jeff Gerth, a most accomplished investigator,
is also most controversial
BY
TED GUP
In
1902, Ida Tarbell made a name for herself as a pioneering muckraker
exposing the excesses of Standard Oil. Almost seven decades later,
a fresh-faced young man in Standard Oil of Ohio's market research
department found himself spending his days in a car at shopping
centers and truck-stops, stealthily peering through binoculars,
spying on the competition. He was scribbling down the license
plates of vehicles pulling in and out of garages and filling stations,
gathering intelligence on why motorists were choosing Standard
Oil's rivals. It was an early object lesson in the conduct of
business.
The
name of that studious employee was Jeff Gerth. He would soon leave
Standard Oil and go on to become perhaps the most accomplished
and, of late, most controversial investigative reporter at The
New York Times. His storied career there spans a quarter century,
during which time he has, in his own indefatigable fashion, rattled
the White House, Congress, and corporate America, influenced national
policy and debate, and compiled an enviable record of solid, sometimes
groundbreaking reportage.
Gerth
was one of the first to introduce the public to the name of Osama
Bin Laden, today linked to allegations of terrorism. It was Gerth
who broke the Whitewater story and exposed Hillary Clinton's wildly
successful commodities trading and its connection to one of Arkansas'
largest regulated industries. And it was Gerth who, two years
ago, shared a Pulitzer for exposing how American firms gave the
Chinese access to sensitive technology related to satellite launches.
Most recently he and a Times colleague produced a 25,000-word
exegesis on the pharmaceutical industry.
"The
vast majority of stories I've done have not been controversial,"
says Gerth. That is true, but it is also true that some of his
stories, particularly of late, have put Gerth and the Times
under a spotlight. He has been accused of being too close to his
sources. His seminal reporting on the Whitewater story and his
aggressive coverage of Wen Ho Lee, the former Los Alamos scientist,
have made Gerth-bashing something of a sport among media critics,
partisans, and some readers, and sparked attacks on his newspaper.
William Powers, media critic of the National Journal, speaks
of "the cowboyization of the Times." If that is true, then
Jeff Gerth is its premier gunslinger -- an image that hardly fits
him.
Now
fifty-six, balding and owlish, he sits across from me in a Washington
motel room, nervously eyeing my tape recorder and laptop. We get
off to a rocky start. "This is off the record," he announces.
"If I feel comfortable with you later, then we can go on the record.
I've been singed a lot." I try to conceal my surprise that a man
who has made his living holding others accountable would now try
to immunize himself from his own words. I refuse, and make a mock
gesture to close my laptop and call it a day. Gerth relents, agreeing
to go on the record. I am not sure if this is a victory or if
the master is simply testing me.
A
year after Gerth won his Pulitzer, he and his paper seem gripped
by an odd mix of wounded pride and soul-searching, particularly
about the Wen Ho Lee story, which Gerth wrote with James Risen.
Lee is the Los Alamos scientist who the Times reported
was suspected of leaking critical nuclear secrets to the Chinese.
The spying case fell apart. After months of solitary confinement,
Lee was released, pleading to a single charge of downloading classified
materials. The White House and a federal judge issued rare reprimands
to the Justice Department for its handling of the case, and the
Times came under enormous fire for what was viewed by many
as one-sided reporting with a prosecutorial bent.
Some
Times editors outwardly deride their critics, dismissing
them as out of touch with the complexities of investigative reporting.
The paper's investigations editor, Stephen Engelberg, speaks of
"drive-by" criticisms. "In today's environment," he says, "the
facts don't matter." Still, his words and those of others belie
a painful groping for answers conducted outside the glare of public
scrutiny. Among themselves, Times reporters continue to
debate and dissect the paper's coverage. With so much on the line
-- the reputations of veteran journalists and the trust between
reporters and editors, as well as the credibility of the newspaper
-- it is clear that the editors at the Times were taken
aback by the ferocity of the reaction to the Lee story. "The things
that grow out of any given story," says Engelberg, "are shocking
even to us -- the hurricanes, the inflated rhetoric -- the whole
thing that was in part created by us consumes us too in the end."
It is precisely the stature of Gerth and the Times that
renders such biting criticism from outsiders so unsettling.
After
twenty-five years with the Times, twenty-one of them in
Washington, Gerth is the consummate insider, and yet little is
known of him beyond his byline. "I am anonymous," he says proudly.
He is right.
"I
had no idea even what he looked like," says the Times's
Washington bureau chief, Jill Abramson, recalling their first
meeting just before she joined the paper three years ago. "He
had been a name I had only associated with fear up to that point."
Abramson spent some years as an investigative reporter at The
Wall Street Journal, when she viewed Gerth as a most formidable
competitor.
His
invisibility is no accident. Gerth shuns television appearances,
avoids public talks, attends few parties, has written no books,
and is, as he himself admits, a "homebody." He married at thirty-nine
and became a father a year later. His wife, Janice O'Connell,
works on the Foreign Relations Committee for Senator Christopher
Dodd, who, during the 1996 Presidential campaign, chaired the
Democratic National Committee. Gerth recused himself from any
campaign coverage.
"Some
people will jokingly tell you that I used it as an excuse to get
out of stories I don't like to do," he laughs. But he did pursue
a story later that focused in part on Bernard L. Schwartz, one
of the largest personal contributors to the Democratic National
Committee. Schwartz was head of Loral Space and Communications
of Manhattan and an integral part of Gerth's 1998 stories on satellite
technology that was shared with the Chinese. That story helped
fuel a congressional investigation by Representative Christopher
Cox, a California Republican.
Like
all reporters, Gerth has been the beneficiary of partisan sources,
but there is little evidence in his work to suggest any political
pattern or party agenda. He is unlikely to show up on the guest
list of Newt Gingrich or Bill Clinton. Gerth is a registered voter
-- an independent. He closely guards his privacy and says he is
sensitive to that of others. "I have assiduously avoided writing
about people's private lives in my career," he says. That is especially
true when it comes to the seamier side of private lives. During
the confirmation hearings of Clarence Thomas for U.S. Supreme
Court Justice, Gerth says, he did not follow through with an assignment
to ferret out the titles of pornographic videos Thomas may have
rented.
Gerth's
respect for others' privacy -- his focus on actions, not personalities
-- is laudable, but in the extreme can give rise to stories that
are too narrowly circumscribed. One of the criticisms of the Times's
coverage of Wen Ho Lee, one that the paper acknowledged in its
published post-mortem, was that readers were told little about
Lee as a human being. The absence of what might be called "life
details" reduced Lee to a mere suspect, a one-dimensional figure,
opaque and unworthy of empathy. This is a recurrent problem in
investigative reporting, and it does not help when, as in the
Lee case, the subject is unwilling to talk to the reporter.
Gerth's
own life was redefined four years ago by ordeal. His only child,
Jessica, underwent eleven hours of surgery after a serious illness.
Jessica is now sixteen. Gerth boasts that he has not missed a
single one of her soccer games in two years, even though they
are played on weekday afternoons.
"If
I went through that, I can go through anything," he says. "It
changed my life, it changed my family's life. It made me realize
that the most important things in my life are not what I do during
the day at work. The stories come and go, praise comes and goes,
criticism comes and goes, and they all shall pass -- and they
do pass."
He
swims almost daily, watches his diet, plays jazz piano, can still,
on a good day, shoot a seventy-four on the links, and is, by all
accounts, level-headed -- an unlikely candidate to be at the center
of any journalistic furor. "He's a profoundly sane, grounded person,
and that's unusual," says Abramson. "Most investigative reporters
are neurotic and high-strung and very insecure -- sometimes, prickly."
"I
am no different than anybody else," says Gerth. "I make mistakes
and don't have perfect judgment. I take criticism seriously. When
I make a mistake and either I find out about it or somebody brings
it to my attention, I correct it. Those are the kinds of mistakes
and criticisms that I take seriously.
"Then,"
he goes on, "there is, I guess, what you would call the political
or ad hominem or non-substantive criticisms." He puts criticism
of his work on Whitewater, for example, in those categories. Gerth
seems more open to correction than to self-examination. It is
as if criticism might be limited to questions of fact alone.
Gerth's
entry into journalism does not lend itself to easy romanticization.
In the early 1960s as a student at affluent Shaker Heights High
in Ohio, he was a member of the Junior Council on World Affairs
and captain of the golf team. From there he went to Northwestern,
not to its renowned journalism program, but to get a degree in
business administration. He had a knack for numbers and a taste
for business. His father was in real estate, manufacturing, and
steel. Gerth spent another year at Northwestern in the graduate
business program but left before getting the degree. He later
did much the same at Columbia University. Then he found himself
accepting a string of positions with foundations, law firms, and
corporations, all of which availed themselves of his genius for
research. He applied to law school in the mid-1970s and was accepted,
but dreaded practicing law. In truth, he had no idea what to do
next.
He
was not untouched by the skepticism of the sixties and early seventies.
One early Gerth piece, published in Penthouse in 1974,
focused on Richard Nixon and organized crime. "Yet behind the
shadows of Watergate lurks another series of questionable Nixon
associations -- those with the underworld," wrote Gerth. "Rather
than accuse Richard Nixon of wrongdoing, this report raises a
series of questions and describes coincidences and associations
that demand further inquiry by the public, the press, legislatures,
and investigative agencies." In places, the writing borders on
the lurid ("you begin to glimpse the sinister forces that plague
the highest office in the land") and relies on innuendo in a story
that is markedly less sophisticated than the stories he now writes
for the Times.
One
of the two books Gerth cites as most meaningful to him is Bob
Woodward's and Carl Bernstein's All the President's Men,
the story of the Watergate investigation. (Curiously, the other
book he names is F. Scott Fitzgerald's The Great Gatsby.)
But the simplicity of his attraction to journalism might well
confound detractors who see in him all manner of hidden agendas.
What Gerth says drew him to journalism was not a reformist bent,
but the realization that someone would pay him to do research.
"I like to find things out," he says, "and I like then for other
people to know. I don't think I could say that I went into journalism
to try and save the world."
He
speaks in shorthand: "I am not Sy Hersh," he says, referring to
his friend and mentor, nearly as well known for his moral outrage
as for his legendary reporting coups. "If I were a crusader,"
Gerth says, "I wouldn't have dropped the Whitewater story. I would
have stayed on it and continued to write more and more stories.
I don't stay on stories a long time. If I were a crusader I would
have stayed on the Wen Ho Lee case for two years. If you look
at the record of what I've done, you'll see I don't stay in one
area too long. I move on. I don't go out and write books about
stories I wrote. I don't go on TV to discuss my stories. If I
really were heavily invested in my stories I would do all those
things . . . . That's not the kind of person I am."
And
that, admits Gerth, is just about as introspective as he gets.
Shy and self-conscious, he is more at ease speaking of his stories
than of himself. Today he is a capable interviewer, but he first
made his mark working with documents -- more a Paper Person than
a People Person. "The Times hired me because they mistakenly
thought I was an accountant," he says.
Complexities
that send lesser reporters fleeing are the very stuff that draws
Gerth to a story -- the challenge of untangling a knot, of making
sense of financial shenanigans, of finding nuggets in SEC 10b-6s
and IRS 990s. Gerth is most at home in a maze. He could tease
a page-one story out of a footnote. But along with that uncanny
skill comes the risk of myopia, of being consumed by detail at
the expense of context. Some close readers see that problem in
Gerth's work on Whitewater. "His [first] story was incomprehensible,"
says an experienced Washington investigative reporter who asked
that his name not be used. "I probably read the piece fifteen
times trying to figure out what he was talking about."
Gerth's
many colleagues and friends speak of him as if he were a national
resource, his detractors as if he were a menace to the profession.
It is difficult at times to square the two. "I was overwhelmed
at how great an investigator he was," says Stanley Sporkin, a
former CIA general counsel, chief of enforcement at the Securities
and Exchange Commission, and federal judge. "He was absolutely
superlative. I just couldn't understand how this guy was so good
and getting stuff our people [at the SEC] couldn't get with all
the power of the government behind them. He is, I think, the premier
investigator of his day. I found him to be a man of great integrity,
a person who always had the facts."
Seymour
Hersh, who ushered Gerth into The New York Times, agrees.
"He's a complete professional," says Hersh. "I can't work with
anybody -- I couldn't even edit my child's stories, but I worked
with Gerth for years without a problem. The only quibble I have
with him, is that I wish he'd throw a typewriter once in a while
and say 'I want three thousand words, not two thousand words.'
He's too nice a guy. He's one of those guys who does it and gives
it his best shot and goes on to the next thing."
Gene
Roberts, a professor of journalism at the University of Maryland,
and managing editor of the Times from 1994 to 1997, has
nothing but praise for Gerth. He remembers that after Gerth broke
the story of Hillary Clinton's commodities trading, he and Joseph
Lelyveld, the executive editor, were at a Washington cocktail
party. Roberts recalls that one of Washington's most celebrated
journalists walked up to Lelyveld and said, "'You know I respect
you, but this is a ridiculous story.' And Joe, I think, had the
perfect answer. He said, 'If you think that, then you won't have
to chase it, will you?'" The Times has grown accustomed
to gloating over Gerth's exclusives.
But
there are those in the field of investigative reporting who have
reservations about Gerth's approach. Brant Houston, executive
director of Investigative Reporters and Editors, a professional
association based at the University of Missouri that represents
some 4,500 journalists, says his members are divided on the subject
of Jeff Gerth. Some admire the reporter without reservation. Others
express concern over his handling of stories.
Some
prominent investigative reporters, meanwhile, are quite critical
but, fearful of offending Gerth or the Times, will speak
only on background. They argue that he has a tendency to insinuate
without proof.
Few
stories have generated more antagonism than Gerth's initial reporting
on Whitewater in March of 1992. That first Gerth story on Whitewater
revealed that beginning in 1978, while Clinton was Arkansas attorney
general, he and his wife, Hillary, were partners in an Ozark real
estate deal with James B. McDougal. When Clinton was governor,
McDougal controlled a bank and Madison Guaranty, a savings and
loan. Gerth's stories raised the question of whether it was appropriate
for the then governor to be in partnership with those having immediate
financial interests in an industry regulated by the state. Questions
also were raised about whether the failed savings and loan was
the beneficiary of preferential regulatory treatment.
One
of the few observers who attempts to meld together the two views
of Gerth -- profound respect and serious criticism -- is Lanny
J. Davis, former special counsel to President Clinton, and author
of Truth to Tell: Notes From My White House Education.
Davis is obviously not neutral on the subject of Clinton, but
it was Gerth who suggested I contact Davis.
"I'm
a pretty good expert on Jeff Gerth," Davis says. "I did battle
with him regularly and I got to know him better than most. I would
rank him one of the two or three best reporters I worked with.
I rank on two grounds: first, do they dig and find facts as opposed
to rushing into innuendo journalism, which I'm afraid too many
reporters are often too quick to do. I don't think Jeff does that.
Second, on the character basis: I think Jeff has one hundred percent
integrity. He is probably the most dedicated and ethical journalist
I came across.
"I
am leading to a great big but," warns Davis. He takes pains
to make clear that his reservations are not about Gerth's aggressiveness.
"I think it's part of the profession, looking for blood," he says.
The problem in Davis's eyes is that some reporters -- Gerth most
definitely among them -- practice a kind of "connect-the-dot journalism"
in which individual facts are presented as patterns suggesting
causation or culpability that may or may not be warranted. "Bob
Woodward argues that if reporters didn't do that, Watergate would
never have been broken, and he's exactly right," Davis concedes.
"Woodward's argument is that there is a difference between post
hoc ergo propter hoc and circumstantial evidence that leads
a reasonable person to a reasonable conclusion. I'd say that's
a very fine distinction and a dangerous conclusion." Connecting
the dots, Davis says, "can also lead someone to the wrong conclusion
and can smear someone's reputation."
Gerth's
Whitewater land-deal stories, says Davis, illustrate how facts
can be laid out in a way that inevitably leads the reader to conclude,
for example, "that Hillary Clinton took advantage of her position
as the wife of the governor and did something wrong -- something
that's undefined and, to this day, has never been very well defined.
"There's
no way to read that story [Whitewater] without there being a negative
inference about the Clintons," Davis says. "It's not a neutral
story." Yet Gerth "has defended it to me over lunches we've had.
This is a famous 'Jeffism:' 'I can't be held responsible for the
inferences that people draw from the facts, that's not my role.
My role is to write the facts. Show me one inaccuracy in the story
and I'll correct it if I'm wrong.'" A particular ordering or arrangement
of facts, says Davis, can, and often does, produce an unwarranted
conclusion.
Davis
says he was even more disturbed by Gerth's reporting on Webb Hubbell,
the former Justice Department official who came under criminal
investigation during what came to be called Whitewater. On that
story, Davis says that as special counselor to Clinton, he took
an active role in responding to Gerth's questions. He was troubled
by how efforts to help the beleaguered Hubbell find work and get
retainers to help defray legal expenses were portrayed not as
the efforts of concerned friends but rather as an attempt to raise
hush money.
All
of this "doesn't affect my judgment of his integrity," says Davis.
"It does affect my judgment of the journalism that he practices."
Eight
years after his first Whitewater story, Gerth remains confident
of its merit. "The New York Times has never run a correction
of the story because there's nothing to correct," says Gerth.
Of more interest is how Gerth and his editors coped with criticism.
To our meeting Gerth brings a letter that executive editor Lelyveld
wrote on February 17, 1999, in answer to Max Brantley, editor
of the Arkansas Times. Gerth lays the letter on the table
like a trump card. Lelyveld writes,
No
we won't be investigating the 'dry holes' of Whitewater or singing
the praises of Gene Lyons [author of Fools for Scandal: How
the Media Invented Whitewater]. We stand by 'that fateful
Whitewater story' and continue to think the small-time partnership
of a Presidential candidate with the head of a failed S &
L was a legitimate matter to call to the attention of our readers.
How that story blew up into the Starr investigation and how the
Starr investigation blew up into the Lewinsky affair are interesting
questions for some historian to explore. It wasn't because of
Jeff Gerth. We think we faithfully asked questions that needed
to be asked and that we reported these stories to the best of
our ability, even when answers weren't forthcoming. If I may draw
a parallel closer to where we happen to live, it would be to point
out that Al D'Amato, our recently defrocked Senator, was never
convicted of anything despite numerous newspaper investigations
by us and some of our local competitors. We don't say he should
have been. We also don't apologize for calling attention to his
wheeling and dealing. It's pretty much the same deal here, as
far as I can see. But thanks for the thought.
Sincerely,
Joe
Lelyveld
It
is certainly true that Gerth's Whitewater stories, precise and
relatively small-caliber, set in motion the juggernaut that rocked
the Clinton administration, Congress, and the press. Of course,
by then, Gerth was on to other stories. Even he seemed a little
puzzled over what all the fuss was about. Abramson says she fears
that the Times and its reporters are sometimes held accountable
for things they never wrote, but which, in the frenzied aftermath
of such stories, are attributed to the Times, as other
reporters amplify, summarize, or characterize the original story.
Gerth
also played a brief but significant role in the reporting of the
Monica Lewinsky scandal. It was Gerth who reported a controversial
Sunday meeting between Clinton and his personal secretary, Betty
Currie. At the meeting, according to Currie, Clinton asked her
a number of sensitive questions, including whether she remembered
his ever being alone with Lewinsky. To many, Gerth's story suggested
that the president was attempting to coach Currie in her answers
to investigators, or, at the very least, to help Clinton prepare
his own testimony. The story landed on Washington like an incendiary
device. Behind the story was another story. Gerth's editors, he
says, were pushing him to make the lead more forceful. The editors
wanted him to, in his words, "characterize rather than just reflect"
what happened. Gerth said he resisted efforts to say that the
accounts of Clinton and Currie "contradicted" each other. "I was
under great stress and pressure on deadline at a very late hour
-- and I am not a late-hour person -- I am usually in bed at the
time this incident took place. I relented and let them use the
word 'differ' letting them think they had won a great victory
when in fact in my mind the word 'differ' means nothing because
almost any two people or things can differ, it doesn't mean they
contradict each other."
But
such nuances, Gerth and his editors concede, are often lost on
Washington, once partisans and press begin to push and pull at
a story. In this Gerth is hardly alone. Many veteran investigative
reporters, among them Woodward, Abramson, and Hersh, and recently
Michael Isikoff, have found their work at the center of controversy.
The
Wen Ho Lee story anchored the Times's front page on March
6, 1999, and left its competitors in its wake. The Times
ran a two-column headline that declared china stole nuclear secrets
for bombs, u.s. aides say. The article spoke of an as-yet-unidentified
Chinese American. A government official was quoted as saying the
case was "going to be just as bad as the Rosenbergs," referring
to the couple convicted of atomic spying who were executed in
1953 in Sing Sing prison's electric chair. "If somebody says it
and is in a position of authority, who am I to censor somebody?"
asks Gerth, defending the use of the quote.
As
anyone who followed the saga knows, the paper's coverage of Wen
Ho Lee came under withering criticism. The Times ran an
extraordinary editor's comment headlined the times and
wen ho lee, in which the paper simultaneously attempted to defend
its reporters and its reporting, while allowing that the paper
did not do all it might have done in the name of editorial balance.
It vowed to continue to both pursue the story and examine its
own handling of the matter. Media Life, an online magazine,
summarized what many took to be the gist of the paper's position:
"Times: We coulda, we shoulda, but no apology." The
National Journal's Powers wrote that "reading it was like
watching a tape of a criminal who can't quite confess."
It
is a sensitive subject for all involved at the Times, particularly
for Jeff Gerth, who played a key role in the first Wen Ho Lee
stories. "I am not going to talk a lot about Wen Ho Lee," he says.
"There's litigation still out there and an investigation still
out there and moreover, I think it may be years if not decades
before we get a fuller picture, when all the materials are declassified
and we finally find out what happened, what China did do, what
Wen Ho Lee did do." He is unwilling to articulate any lessons
learned from the Wen Ho Lee story beyond saying that intelligence
stories, by their nature, are fraught with danger.
At
times it sounds as though Gerth is distancing himself from his
own stories on Wen Ho Lee, suggesting that -- despite his role
as the Times's chief investigator and his page-one bylines
on the story -- questions about the reporting are best directed
elsewhere. Says Gerth: "I was not involved in that story for a
long time... the day he [Lee] was fired, [James] Risen did a story
-- I was in New York that day -- I am not trying to defend or
deny anything, I'm just saying that if you have questions about
the whole coverage of Wen Ho Lee, I don't think I am the person
to address them to. It's not an area [intelligence] I write about
a lot. I was brought into the story and was not involved in it
a lot after the initial couple of stories." He later spoke of
Risen as "the lead reporter" on the story. Indeed Notra Trulock
III, the former intelligence director at the Energy Department
who was a key source for the Times's Wen Ho Lee coverage,
says that he dealt exclusively with Risen, and met Gerth only
after the stories were printed. Risen is a former Detroit and
Washington bureau chief for the Los Angeles Times who covers
the CIA for the Times. He declined to comment for this
story.
One
veteran Washington investigative reporter who is sharply critical
of the Wen Ho Lee coverage notes that, in the wider investigation
of Chinese intelligence activities by the press and Congress,
Gerth and Risen had abundant company. "There was a wholesale breakdown
of skepticism," he said. Case in point: a New York Times
editorial that declared: "The United States might as well have
dumped its most sensitive defense secrets on Pennsylvania Avenue
for the Chinese spies to pick up." Gerth bristles at the mention
of some publications' take on the story. "I read some things,
I don't read other things. I am a tougher critic of myself than
anybody on the outside. I'm harder on myself than my editors are
on me. It's a free world. People can write whatever they want.
"The
fact of the matter is that any story can be held up, put under
a microscope and rearranged an infinite number of ways and done
better or worse. I could take any story I've done two weeks, two
months, two years, two decades later, and find a better way to
have said what I was trying to say with the benefit of hindsight.
You always know more later. You can't wait till you have a hundred
percent knowledge to write a story or you'll never write a story."
That
hindsight helps is one of the themes at the Times as the
wagons are circled in defense of the Wen Ho Lee coverage. "The
easiest thing in the world to do -- the easiest thing --
is to go behind the people who do the path-breaking stories, wait
eighteen months, two years, five years, and say things were not
exactly as reported," says Engelberg. "What a surprise! What did
you expect? I don't think anybody's reporting can withstand the
march of history." Abramson puts it another way. "You're doing
the story based on the best information you have."
Were
there warning signs and questions in the Wen Ho Lee story that
might have raised questions not in hindsight but contemporaneous
with the reporting? Bill Keller, the Times's managing editor,
says the paper made no presumption of innocence or guilt with
regard to Wen Ho Lee. But placing the story above the fold with
a headline that could be reduced to spy? clearly passed some internal
threshold that telegraphed to millions of readers that there was
a credible case for espionage.
No
one at the Times is even remotely speaking of the Wen Ho
Lee story as fundamentally wrong, or suggesting publicly that
it represents some kind of systemic failure at the paper. But
individual editors do seem somewhat chastened by the experience
and willing to discuss some of the lessons there may be for future
investigative stories. "I think that the danger of investigative
journalism broadly is to have too prosecutorial a tone," says
Abramson, "and in hindsight, going over those stories and rereading
them as I did, many times, there are a few instances of that --
words, balancing paragraphs, that would have been better to be
higher in the stories."
Times
editors also point out that Notra Trulock, after leaving the Energy
Department, became a spokesman for the conservative Free Congress
Foundation, raising concerns that he may have had something of
a political agenda. But they deny that Risen or Gerth was duped
by Trulock or anyone else.
For
his part, Trulock denies having any agenda beyond shoring up what
he saw as lax security in government labs. He says he voted twice
for Bill Clinton, and that he took his current job because it
was the only one he could find in the wake of the Wen Ho Lee episode.
He was out of work for three months, he says, and on April 5 filed
for personal bankruptcy.
The
centrality of Trulock's role in the Wen Ho Lee saga underscores,
for some Times editors, a subtle and humbling lesson for
all reporters -- that one need not be gullible to be misled. "Trulock,"
says Keller, "was putting the direst possible face on what he
knew in order to get the attention of the people who he thought
were not paying proper attention. His point of view resonated
in the echo chamber of Washington to such an extent that it influenced
the vetting process that the reporters went through. Jeff Gerth
and Jim Risen published stories that had multiple, multiple sources
and the sources were all confirming that yes, Trulock had given
this briefing and, yes, this document said such and such and it
all tended to reinforce it. But what wasn't really clear from
the reporting at the time was how much of the confirmation was
in fact an echo of Trulock's own briefings." Those briefings,
numbering about sixty, occurred on the Hill, at agencies, and
throughout Washington. Their contents, Keller says, "would pop
up in intelligence reports and in congressional reports and White
House briefings. You could find endless numbers of sources who
had heard the same information, but a lot of it was Trulock confirming
Notra Trulock." Engelberg draws a similar lesson. "What we learned
from this -- and it's something we already knew, but one needs
to be reminded again and again -- is that what you hear in Washington,
what you think you're hearing, what you think you're seeing, is
not ever the whole story. Washington is full of people whose knowledge
is derivative.
"To
me," says Engelberg, "this points up the great fallacy. There
is a belief in our business that if you can get two or three sources
to say the same thing or if you can find a document on which this
is written, then you have something you can write because if you
have two sources it must be true. Of course the answer is two
people who don't know anything agreeing on the same story is not
nearly as good as one person who knows something. So you get at
the question of not only who is talking and how many, but what
is the basis of their knowledge?"
One
of the few indisputable facts concerning Wen Ho Lee is this: the
sixty-one-year-old Los Alamos scientist spent nine months as a
prisoner, much of that time in solitary confinement and in shackles.
Of fifty-nine criminal counts against Lee, fifty-eight were dropped.
In September, after pleading guilty to the one remaining count,
he was released without any solid evidence linking him to espionage.
The judge who set him free said Lee's treatment had "embarrassed
our entire nation." Subsequently, in a lengthy two-part series
that ran in February, the Times focused on the murkiness
of the federal investigation, but the role of the Times itself
was largely absent from the story. Keller, the paper's managing
editor, says the paper chose not to focus on itself because it
did not influence events, it merely reported them.
It
is worth noting that FBI investigators waved the Times's
stories in front of Lee as they interrogated him, and that, in
congressional hearings, charts featured footnotes referring to
articles in the Times. Does Keller really believe that
the Times's responsibility in all this can be so narrowly
circumscribed?
I
asked him a question: "If I were a best friend or a trusted Times
colleague, would you give me a different assessment of the Wen
Ho Lee story?" He weighs the question carefully. "You are not
a close friend or trusted colleague," he says.
The
paper has rededicated itself to aggressive investigative reporting.
And for Jeff Gerth and for the Times, the past several
years have been as full of triumphs as turbulence, as steeped
in prizes as recriminations. Working calmly in the eye of the
storm has been Jeff Gerth, never oblivious to the disturbances
around him but unwilling to be distracted from the investigation
at hand.
"I
don't believe anybody has ever spent twenty-five years at The
New York Times doing investigative reporting," he says. "The
fact I've survived so long I think indicates that I've been able
to stay on a steady course. That's not to say I haven't encountered
setbacks or encountered great successes, but I think I've tried
and largely succeeded in maintaining an even and steady keel.
One is better able to do this kind of work if one has a steady
hand on the wheel." In the interview he hints that his next investigative
project, about to pop any time now, will be a humdinger.
Ted
Gup, a former Washington Post reporter, is the author
of The Book of Honor: Covert Lives and Classified Deaths at
the CIA, which in April won the 2000 Investigative Reporters
and Editors book award. He is a professor of journalism at Case
Western Reserve University.