Whipped Cream Difficulties

I have read and admired a fair amount of William Langewiesche’s work. He did some excellent reporting on Pakistan’s nuclear program, and is one of the better mass-market writers on aviation related subjects.

But.

Some of you may have been following Chevron Corp. v. Donziger. For those who haven’t, briefly: Donziger filed a lawsuit against Chevron in Ecuador alleging that Chevron polluted drilling sites. Donziger won a $19 billion judgment in the Ecuadorian courts, but it turns out that there was massive fraud perpetrated by Donziger and the Ecuadorian courts. Overlawyered has a Chevron tag if you want more details.

The point, and I do have one, is: Langewiesche was asked by Vanity Fair to do a story on the suit. (Interesting point: “Donziger’s wife at the time worked in corporate communications at Condé Nast, the magazine’s publisher.“)

Langewiesche did the story.

The piece he produced was extraordinarily sympathetic to the lawsuit, so much so that Donziger himself proclaimed it “the kind of paradigm-shifting, breakthrough article that I think is going to change the entire case from here until it ends in a way that is favorable to us.”

But it wasn’t just “sympathetic”.

The reporter asks Donziger to prepare lists of dozens of questions to be asked of Chevron. And he begs Donziger to help him prepare arguments about why there’s no need for him to do face-to-face interviews with Chevron officials, as they’ve requested, even though he spent days meeting with Donziger and his legal staff.
“I want to avoid a meeting, simply because I do NOT have the time. But I don’t want to go on record refusing a meeting,” writes Langewiesche. “Perhaps I could say that my travel schedule is intense . . . ” He not only submits his emails to Chevron for Donziger’s approval (“What say, Steve. I gotta send this tonight”) and even lets him rewrite them. “Let me know if this works,” Donziger says in a note returning one of them. “I was a little aggressive in the editing.”

Langewiesche also sent Donziger a copy of the story before it was printed. Someone correct me if I’m wrong, but I believe that is a violation of journalism ethics. Especially since

…Chevron did not get to see the story before it went into print, nor submit lists of questions it wanted Langewiesche to ask Donziger. Nor did Chevron get the face-to-face interviews they asked for. Except for a single phone conversation just before the story appeared, Langewiesche insisted all their communication be via email.

And, of course, there were errors. Including one major one: an expert hired by Donziger was quoted as saying cleanup would cost $6 billion.

But the man had repudiated it a full year before the Vanity Fair story appeared, warning Donziger in a letter that the estimate was based on faulty assumptions and was “a ticking time bomb which will come back to bite you, and very badly, if anyone attempts due diligence on it.”

I am looking forward to reading VF‘s response. Certainly, these are just accusations, but they are accusations backed up by Donzinger’s email, which was obtained as part of a court order related to the ongoing fraud case.

(Hattip: JR.)

This entry was posted on Wednesday, September 3rd, 2014 at 11:42 am and is filed under Clippings, Law, Media. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.