CBS News’ Boss Hired Private Eye To Source Memos

NYOBSERVER ^ | 02/23/05 | Joe Hagan

[Pikamax]

CBS News’ Boss Hired Private Eye To Source Memos by Joe Hagan

On Sept. 20 of last year, CBS announced that it was employing an independent panel to investigate how 60 Minutes Wednesday had ended up relying on shaky-looking memos in its segment about President Bush’s past service in the Texas Air National Guard. The investigators, CBS said, would "determine what errors occurred in the preparation of the report and what actions need to be taken."

Five days later, CBS launched another inquiry into the memo scandal. The network hired a private investigator named Erik T. Rigler, a former F.B.I. agent and Navy aviator, to track down the source of the troublesome documents.

Mr. Rigler’s sleuthing was not mentioned in the list of interviews and other pursuits in the independent panel’s final report on Jan. 10. Though CBS had promised transparency in investigating the memo scandal, of a half-dozen CBS News producers who spoke to The Observer, only one had even heard a rumor that the network had hired the private investigator.

Segment producer Mary Mapes and anchor Dan Rather were both aware of Mr. Rigler’s assignment. Because the independent panel was looking into the memos, Ms. Mapes and Mr. Rather were no longer investigating the case themselves. CBS News president Andrew Heyward assured Ms. Mapes that CBS was pursuing the source of the papers, according to two people familiar with the situation.

Neither Ms. Mapes nor Mr. Ratherwould comment on any aspect of the segment or the investigation. CBS sources said that Mr. Rather has been officially muzzled: On March 9, when he steps down as anchor of the CBS Evening News, he will be limited to seven controlled interviews with the press to avoid questions about the scandal.

But sources said that Ms. Mapes was glad to cooperate with the private eye. Her lawyer, Richard Hibey, said that Ms. Mapes handed over all of her leads and notes about the National Guard story to Mr. Rigler.

But Mr. Rigler’s search for the origins of the documents dead-ended with the man who had given them to CBS, former National Guard employee Bill Burkett. His work did yield one result, which he passed on to the independent panel: a two-page memorandum about Ms. Mapes herself.

Mr. Hibey and another outside source said that Ms. Mapes was dismayed to learn that the ostensible investigation of the documents had turned into an inquiry into the producer.

"When she saw the report she felt completely betrayed by Heyward and CBS," Mr. Hibey said. "Because this guy didn’t apparently do what Heyward said he was going to be doing."

Mr. Rigler provided the panel, led by former Attorney General Dick Thornburgh and former Associated Press head Louis Boccardi Jr., with personal information about Ms. Mapes, including her answers to a line of inquiry about her estranged father. He did not report on his unsuccessful pursuit of the documents.

Michael Missal, the lead counsel for the independent panel, confirmed that the panel had received information from CBS’ hired hand, but only material about Ms. Mapes.

"We saw a summary of what they discussed to see if there was any inconsistency" with what the producer had told the panel on other occasions, Mr. Missal said.

"We were aware that CBS was still pursuing the source of the documents independently of the panel," he said, "and we were given access to information CBS gave in that regard."

"He didn’t get any more information beyond Burkett," said Mr. Missal. "There was nothing to give us."

Mr. Rigler declined to comment on his work for CBS.

Reached for comment, a spokesperson for CBS News said that "CBS News hired a private investigator with the full knowledge and enthusiastic approval of all of those involved in the original Sept. 8 report for one purpose only: to help get to the bottom of the authenticity and origin of the documents."

The CBS spokesperson said the private investigator’s aims were not to find critical information about any of CBS’s producers. "The investigator’s brief report was not critical of any individuals involved in producing the original Sept. 8 report," she said. "To this day, the basic questions about the documents have not been answered, but we remain hopeful that, one day, they will be."

The fact that CBS had a private investigator looking into its own employee suggests that well before the panel issued any findings, network management had begun to shift its focus away from solving the mystery behind the documents and toward placing the blame for the decision to air the segment. That foreshadowed the investigative panel’s own report, which, having failed to figure out the source of the memos, focused instead on internal procedural and journalistic failures at CBS.

Was CBS getting ahead of itself?

It’s easy to argue that Ms. Mapes was worth investigating, given her instrumental role in dragging the network into a wholesale disaster. Ms. Mapes, the panel’s final report concludes, convinced everyone to trust her throughout both the airing and the defense stages of a segment that depended on still-unverified memos.

But whatever breaches of journalistic procedure Ms. Mapes may have committed, CBS News still hasn’t solved the mystery surrounding her fundamental news judgment: Was she the victim of a hoax or not?

The final assessment of the report was that it could not conclude "with absolute certainty whether the Killian documents are authentic or forgeries."

As a result, the panel reported that it had no choice but to focus on the news-gathering sins. "While the focus of the Panel’s investigation at the outset was on the Killian documents," it read, "the investigation quickly identified considerable and fundamental deficiencies relating to the reporting and production of the September 8 Segment and the statements and news reports during the Aftermath."

As it stands, the report’s conclusions about the news gathering—and particularly about the follow-up—are still under attack. As of Tuesday evening, the three CBS staffers asked to resign as a result of the investigation continued to refuse to do so, with former 60 Minutes Wednesday executive producer Josh Howard demanding CBS correct the record about his own responsibility.

But also on Tuesday, Salon reported on a 2,600-word letter that Mr. Burkett had written to CBS, in which the former National Guardsman seemed to agree with the panel: He blamed CBS for failing to properly vet the documents, which he said he had offered only on the condition that he not have to explain their chain of custody.

"CBS, through its employees, had to make a critical decision as to whether they were willing to take that risk," he wrote. "There were no expressed or implied warranties about the documents. Yet I believed them to be authentic."

Few producers inside CBS News seemed interested in the veracity of the memos, focusing instead on their colleagues who had taken the blame. But few felt that the report had led to justice—and that its injustice began with its failure to resolve the mystery.

"It’sabig gaping hole, isn’t it?" said one CBS News staffer.

Other avenues of cracking the case, outside the network’s own investigation, don’t appear very promising at the moment. If the documents are fakes, they are apparently illegal—it is against the law in Texas to forge a government document, according to Chapter 32.21 of the Texas Penal Code. The chapter on forgery makes it clear that forging a government record, state or federal, is a felony.

But Mr. Burkett has never been pursued by authorities, who could feasibly force him to answer questions under oath about where he got the memos supposedly drafted by former Texas Air National Guard Lt. Col. Jerry Killian, who was President Bush’s commanding officer in the early 1970’s.

On Oct. 5, 2004, 51 members of Congress called for an investigation into the suspected forgery. A spokesperson for Texas Representative Lamar Smith said that Mr. Smith’s efforts to drum up support for an investigation had not yielded results. "We are not aware of any legal action on this," he said.

Kathy Colvin, a spokesperson for the U.S. attorney’s office in Dallas, said she was "not aware of any charges that have been filed."

[MonroeDNA]

OK, I have to confess. It's been long enough now.

I forged the memos, and mailed them to Burkett.

I didn't think he'd really use them, though.

[MonroeDNA]

"I think Burkett faked them all by his lonesome."

Naw, look at him. Too fat and stupid to do anything using computers, except downloading every virus scam.

I set him up the bomb.

[Semper Paratus]

His effectiveness makes him look like a hybrid of Inspector Closeau and Sgt. Schultz.

[dhs12345]

Makes you wonder if there is a lot more to this. Maybe connections run a lot deeper between Lockhart and CBS. There is already evidence of this.

It would not be a good thing if evidence of complicity were uncovered. Wonder if some of the investigator's conclusions were kept private.

And maybe CBS figured that if they sacrificed a few people, this would go away.

[Political Junkie Too]

But Mr. Rigler’s search for the origins of the documents dead-ended with the man who had given them to CBS, former National Guard employee Bill Burkett.

Since the DNC campaign "Fortunate Son" was coordinated to run the morning after the CBS report, why didn't this PI pursue the parallel track of investigating when the video was produced, where it was edited, when the director was hired, when the narrator was booked into the studio, who paid the bills, etc.

That might also shed some light on the origins of the memos.

-PJ

[Timeout]

I don't think Burkett made them. I think the forger was no older than 25, someone who grew up in the world of word processing and has no "framework memory" of typewriters. He (they?) probably had computers at home and went to good schools with computers available. It simply wouldn't enter their minds that there is another way to create documents. An older person would've thought of the old typewriter angle right away.

I think it was likely one or more "kids" from the anti-Bush forums Burkett frequented...perhaps with a MoveOn.org connection. All the "background" info about TANG were on those forums, enough that these geeks to thought they'd covered all their bases. They probably did some Googling on how to make documents appear old: crumpling the paper, etc.

I don't know if Burkett was in on it. I'm inclined to think not...he's old enough to have thought of the typewriter problem. They probaly came up with some mysterious way to rope him in and feed his conspiracy theories...maybe they really did the Lucy Ramirez routine.
I think Burkett is a schmuck who fell for it because he wants so badly for it to be true. And, given all the warnings to CBS to check them out, I think Burkett had his suspicions. I think his game was to get his "access" to the Kerry campaign BEFORE CBS discovered they were forged. He way underestimated CBS' blind drive over the cliff.

[Southack]

"Naw, look at him. Too fat and stupid to do anything using computers, except downloading every virus scam."

Burkett was a regular poster on several radical left on-line chat forums. One of his computer posts said that he had "reassembled" the President's National Guard docs.

He also had personal contact with a former Democratic Party Senator from Georgia, as well as with Joe Lockhart of Clinton/Dean/Kerry fame.

At the very least he was trafficking in fraudulent military orders, forged military signatures, and perhaps even engaged in wire fraud if he faxed or emailed those forgeries anywhere outside of his own home.

Pretty despicable behavior, all told...but not atypical of the Left.

[fish hawk]

Excuse me but SOMEONE received those papers at CBS and you tell me whoever that was, was not asked where they got them? I don't believe you need X-FBI for that???

[rintense]

And all along I thought Gannon was the private d!ck.

[kcvl]

bttt

[cabojoe]

***"... he will be limited to seven controlled interviews with the press to avoid questions about the scandal."***

HEY DAN...wassup with that? Are you scared to be interviewed in the same way that you sniper interviewed countless people about scandals for your 60 minutes programs? Are you scared someone would present evidence in your face in front of T.V. cameras and ask you to explain it like you have done to so many other normal folks? What are you afraid of Dan? Are you scared your reputation and life would be ruined like you did to so many people??? What makes you so special dillweed? /rant off

[self_evident]

I think Burkett faked them all by his lonesome.

I completely agree. There is no reason to think that it was anyone other than Burkett. It's hilarious to see how the MSM is going through contortions to take this guy seriously. He gets off scott-free, however, by pleading the fifth.

[Texas Songwriter]

I am going to be at the Houston Livestock Show and Rodeo in 2 weeks. I'll be on the lookout for Burkitt and his cutout.

[self_evident]

Naw, look at him. Too fat and stupid to do anything using computers, except downloading every virus scam.

But if anyone "smart" would have been involved, don't you think they would have had the sense to do a better job? heh. The hack had to do 111 th to avoid superscript, and then forgot to do it once!

[Texas Songwriter]

Robin Rather

[Howlin]

Whodunit
Tavares

Whodunit
Who stole my baby
Whodunit
Everyone in the room looks shady
Whodunit
Who stole my girl from me (Yeah)
Whodunit
Who took my honey
Whodunit
I know the motive was not funny
Whodunit
It's a bedside mystery (Yeah, yeah)

Hey, where's the phone to call Sherlock Holmes
[Somebody took my baby]
I've been framed by what's his name
and he's gettin' away Charlie Chan, see if you can
Help me find those two, won't you
Where were you on the night of the 12th
[I was by myself]
She went dancin' in the dark,
somebody stole her heart Ellery Queen if you're so keen
Won't you help me find my sweet thing (Yeah, yeah)

Whodunit
Who stole my baby
Whodunit
Everyone in the room looks shady
Whodunit
Who stole my girl from me (Yeah)
Whodunit
(Whodunit)
Who took my honey
Whodunit
I know the motive was not funny
Whodunit
(Whodunit)
It's a bedside mystery

The place is surrounded
[The place is surrounded]
Nobody leaves till I found her
[Nobody leaves till I found her]
Until this case is solved
It's up against the wall, you all

Whodunit
(I wonder, wonder who)
Who stole my baby
Whodunit
(Whodunit)
Everyone in the room looks shady
Whodunit
(I wonder who, was is you)
Who stole my girl from me
(Hey Baretta, won't you please go get her)
Whodunit
(For cryin' out loud)
Who took my honey
Whodunit
(Somebody call McCloud)
I know the motive was not funny
Whodunit
(Where is my baby)
It's a bedside mystery
(Yeah, Kojak won't you bring her back)
Whodunit
(Ironside, don't you let her slide)
Who stole my baby
Whodunit
(Tell Dirty Harry)
Everyone in the room looks shady
(We're supposed to get married)
Whodunit
Who stole my girl from me
(From me, from me)

[albee]

QUICK.....somebody.....ANYBODY.....

Call a waaaaaaaahmbulance!

[harpu]

oops...DA, Ronnie Earle, is an Austin, TX performer. Sorry if I inadvertently maligned any Houstonians.

[ArmyBratproud]

It is obvious that the PI had no intent in getting to the bottom of where the memos came from.

Looks like CBS is covering for somebody. Dean, Kerry, DNC???

However, Mapes whould not complain one bit about the scrutiny she is put under.

A responsible investigation would indeed involve checking her background.

HOWEVER...it would also involve NOT covering up the source.

[ArmyBratproud]

"Other avenues of cracking the case, outside the network’s own investigation, don’t appear very promising at the moment. If the documents are fakes, they are apparently illegal—it is against the law in Texas to forge a government document, according to Chapter 32.21 of the Texas Penal Code. The chapter on forgery makes it clear that forging a government record, state or federal, is a felony."

---

Freepers reported this well before the MSM.

It's time for the State Atty Gen. to look into this.