Discover the Nutwork

by Scott McLemee on September 9, 2006

The Path to 9/11 is produced and promoted by a well-honed propaganda operation consisting of a network of little-known right-wingers working from within Hollywood to counter its supposedly liberal bias. This is the network within the ABC network. Its godfather is far right activist David Horowitz, who has worked for more than a decade to establish a right-wing presence in Hollywood and to discredit mainstream film and TV production. On this project, he is working with a secretive evangelical religious right group founded by The Path to 9/11‘s director David Cunningham that proclaims its goal to ‘transform Hollywood’ in line with its messianic vision.”

Plenty more where that came from, here.

{ 109 comments }

1

bi 09.09.06 at 10:32 pm

“‘The attacks by former president Bill Clinton, former Clinton Administration officials and Democratic US senators on Cyrus Nowrasteh’s ABC mini-series The Path to 9/11 are easily the gravest and most brazen and damaging governmental attacks on the civil liberties of ordinary Americans since 9/11′” Horowitz declared.”

“Murty will appear tonight … on CNN’s Glenn Beck in order to respond to ‘the major disinformation campaign now being run by Democrats to block the truth about what actually happened during the Clinton years.'”

w00t! Who knew that “civil liberties” includes the right to make up stuff and pass it off as fact? The US Founding Fathers would be proud.

2

Gene O'Grady 09.09.06 at 11:01 pm

Guess their “godly transformation” has transformed the part against bearing false witness against thy neighbor. Or maybe they just reject Jesus’ definition of one’s neighbor.

3

sfb 09.10.06 at 12:10 am

“Path to 9-11” may well be junk, but it’s too soon to tell, unless, of course, Mr. McLemee is one of the select few who received an advance version on DVD. More problematic, IMHO, is the effort by the Senate Minority Leader and several other senators to discourage ABC from broadcasting it unless the network changes it to suit their concerns. I don’t know about you folks, but this seems like a pretty clear case of what we used to call censorship.

The letter the Senators sent seems like an effort to intimidate the network into killing or changing the program to make it more acceptible to the Democratic Party. Now, IIRC, there was a lot of concern about the Nixon ‘enemies list’ including media folks, because there seemed to be a clear effort to intimidate the media. This looks like the same thing. Where is all the outrage from the progressives about censorship, and the trampling of the first amendment rights and freedom of the press?

SFB

4

bi 09.10.06 at 12:23 am

You see, sfb, the people behind this 9/11 film are liars. One moment the film is “a dramatization, not a documentary”, the next moment it’s the “truth about what actually happened during the Clinton years” which those evil Democrats are trying to “block”.

And I hereby exercise my free speech rights to tell you to shut up.

5

sfb 09.10.06 at 12:33 am

bl has simply proven my point. There are those who do not wish to tolerate differing viewpoints. Suggested reading: The Consituttion of the United States. Please pay particular attention to the First Amendment. If you don’t like my viewpoint don’t read it. But don’t tell me to shut up. That isn’t polite, and it makes a mockery of all the concern for free speech commonly expressed on Crooked Timber. If free speech is to really function, then it has to protect the people we disagree with. Only by doing so do we insure that our speech will be protected when we are the ones out of power.

SFB

6

Matt 09.10.06 at 12:37 am

Poor SFB. You clearly didn’t understand the constitution while reading it, since if you did you’d know that someone like bl telling you to shut up has nothing to do with the idea of free speech as discussed there since of course he’s not acting with government authority.

7

Jim Harrison 09.10.06 at 12:38 am

The First Amendment does not protect plain ol’ garden variety libel. If reports about the 9/11 flick are correct, the movie is libelous and therefore not protected by the First Amendment.

QED

8

bad Jim 09.10.06 at 12:43 am

This is shaping up as a major Disney debacle. They’re such a big operation that they can’t even afford to piss off the Democrats in Congress.

Matt Stoller writes:

Disney is leading the effort to give Hollywood control over how your TV and TiVo are built and what you can do with programs you watch.

and

Another is copyright extensions, which Disney has used to keep its perpetual license on characters like Mickey Mouse, who should by now have fallen into the public domain.

If this ultimately results in less stringent controls on intellectual property, this controversy could turn out to be a good thing: we could recover the rights to public domain and fair use that we used to have, and perhaps forestall future affronts.

But that will only be the case if enough Democrats win in November.

9

sfb 09.10.06 at 1:18 am

Jim and Matt seem to have learned that this program is libelous. Now, I thought that this needed to be proven in court, rather than simply alleged in the media. Would you gentlemen care to cite the court and trial which has determined this program to be libelous? bl is welcome to tell me to shut up. It may be bad manners, but it is protected by the First Amendment. However, what none of you are addressing is the letter from Senator Reid and several colleagues to ABC, which, in everyday English, reads like a threat. If ABC airs the program, something might happen to their license to use the airwaves. This looks like intimidation in plain English. But apparently that point is not something that either Jim or Matt wish to comment on. But that point is where the First Amendment comes to play.

Considering that this program has not even been shown yet, unless you folks have been among the select few who received advance copies, I find it hard to believe that you can make much of an argument based on facts. Who has claimed libel, and what court has found for them? Again I ask – Citation please?

Another point that you might consider this this: Public officials have a much higher standard to meet when claiming libel. Perhaps the members of the Clinton administration can meet that standard, but until they file a complaint and a court hears it, there is nothing to work with.

I find it rather ironic that there is so much enthusiasm for suppressing the rights of ABC to broadcast what it wishes, and apparent acceptance of the implied use of threat by members of the Senate with a political agenda. It seems to me that if the letter had been sent by the Vice President’s Office, which was asking ABC to kill this docu-drama, there would be a lot of support for freedom of the press, expressions of outrage about the assualt on civil liberties, etc. So where is all the outrage about the attack on the rights of the media?

SFB

10

Chris Bertram 09.10.06 at 1:45 am

What an utterly disingenuous concern for freedom of speech from sfb. The issue here is clearly an attempt to get viewers to believe a false view of recent US political history in order to promote a right-wing agenda. Those who are promoting the film know full well that many viewers will take what they have seen to be an accurate account and will form their beliefs on that basis and that articles in the press afterward correcting this or that point will have little or no impact on those beliefs. For a similar case, remember the film U-571. Many viewers, probably most American viewers, persist in the false belief that the US Navy were the first to seize an Enigma machine.

11

bad Jim 09.10.06 at 1:47 am

In simple terms, so that all may understand: Disney continues to ask Congress for perpetual protection of its property. The Constitution provided for copyright protection for a limited time, but year after year Disney wins extension of its exclusive right to Mickey Mouse, making it effectively permanent.

(Unfortunately, this also makes it difficult to republish works which would otherwise have fallen into the public domain in the meantime.)

Disney would also like to trim the doctrine of fair use to prevent permanent recording of broadcast programs.

The fulfillment of their wishlist requires an acquiescent legislature, which, so far, they’ve had, but which they may not have now.

12

Molly Bloom 09.10.06 at 1:55 am

I’m completely with you on this one, SFB. I’m kind of flabbergasted by how blithely some bloggers — many of whom I have a lot of respect for — have seized upon various specious justifications for pressuring ABC to shut those conservatives up, and they’ve done so, in some cases, seemingly without a shred of self-awareness or doubt about the implications of their stance.

And I must say the tone of that Max Blumenthal piece just cracks me up. A bunch of partisans have taken it upon themselves to make a movie that may be construed as a critique of their ideological and political adversaries. They have dramatized the facts as they interpret them (e.g., Sandy Berger’s insistence, according to Tenant, that the C.I.A. be responsible for the decision to take bin Laden and for any bad consequences arising therefrom), and presumably their motivation for making the film has been, at least partly, nakedly political.

Ho hum, you say? Well, wait a minute, here’s the kicker . . . these people are . . . CONSERVATIVES! The horror! The horror!

13

bi 09.10.06 at 2:11 am

Oh, and can our Defenders(tm) of Free Speech(tm) tell us why people want to have Michael Moore charged with treason?

So, does SFB have the guts to defend Michael Moore’s free speech rights to the death, and to tell those “charge Michael Moore with treason” guys to shut up?

And SFB wants libel to be proven in court. Do those people who keep screaming treason have the chutzpah to bring their charges to court? And in the case that the libel charges have been proven true (or the treason charges proven false) in the US courts, will SFB honour this judgement, instead of turning their noses up at the US Supreme Court like Bush and friends are wont to do? Or is “cite the court” just a handy rhetorical device to wallop other people with?

14

neil morrison 09.10.06 at 2:18 am

I seem to recall a recent film by Michael Moore which played fast and loose with the facts. I thought that film was pretty damaging to the Left since it 1) was up there with Leni Riefenstahl, and 2) lots of people on the left had no problemn with that. Still, I never thought banning it was a good idea.

So (appearently, since not many people have seen it) conservatives can make films with a poltical agenda. And some on the Left feel this needs a spot of censorship. Maybe, if it is as bad as being made out, it will be just as bad for the Right as Michael Moore was for the Left and the more people who see it the better.

15

abb1 09.10.06 at 2:53 am

AM radio talk shows, Fox News and other right-wing cable channel are all extremely profitable (I assume); it’s only natural for Hollywood and the networks to join the bonanza and get their fair share. I don’t think sinister machinators are necessary.

16

Molly Bloom 09.10.06 at 3:07 am

Exactly, Neil. I hate to say it, but the lack of reflection on this issue from otherwise thoughtful bloggers makes me wonder whether the prospect of scary conservatives making films with a political agenda isn’t ultimately what’s got the blogosphere’s knickers in a knot.

Oh, and bi, SFB can answer for her or himself, but, for my part, I don’t know why “people” (whoever they are) want to have Michael Moore charged with treason, but unless you’re arguing that one good lunatic turn deserves another, I don’t understand your point. Nice to see you sticking up for the Supreme Court, though. I assume you “honour” the Supreme Court’s decision in Bush v. Gore, as all the great respecters of the courts are wont to do?

And just FYI, bi, a libel case or a treason case doesn’t necessarily end up in the Supreme Court.

17

Molly Bloom 09.10.06 at 3:14 am

Chris, are you suggesting that any film which promotes or leads to “false beliefs” about history should be banned before it corrupts our historical understanding? Where have you and all the other defenders of pristine truth been for the last, oh, sixty or seventy years of cinema and television? Better late than never, I guess.

18

Chris Bertram 09.10.06 at 3:20 am

Molly (or should I say “Artemis”, since you’ve used that id in many earlier comments threads) apparently you believe that telling people that it is wrong to lie is the same thing as “suggesting” that their speech be banned. It isn’t.

19

bad Jim 09.10.06 at 3:28 am

What right has Disney/ABC to complain if, when it tarnishes its carefully polished image by promoting a tendentiously partisan version of the most painful parts of our recent history, it is treated less than obsequiously therafter?

20

Molly Bloom 09.10.06 at 3:34 am

Chris, apparently you believe that I read minds and could magically intuit that your criticism of the “falsehoods” of a film you presumably haven’t seen didn’t also imply your agreement with this poster that the film should be “yanked.”

If all you wish to do is criticize the film, you have every right to do so.

However, if all you wish to do is to tell the filmmakers that it’s wrong to lie, my point still stands. Cinema and television have a time-honored tradition of lying about or distorting history — and some of those lies and distortions were equally politically motivated. Maybe you’ve been on their case for a good long while and I just haven’t noticed it?

21

Molly Bloom 09.10.06 at 3:37 am

P.S. to Chris — Yes, I changed my screen name from “Artemis” to “Molly Bloom.” I liked Molly Bloom better. What’s it to you, exactly?

[What it is to me, “exactly”, is that it is a borderline violation of “our comments policy”:https://crookedtimber.org/2006/07/26/ct-policy-on-trolls-sockpuppets-and-other-pests/ . But so long as you’re consistent from now on, we won’t make an issue of it.]

22

Chris Bertram 09.10.06 at 3:46 am

Well I think I’ve always believed that persons have good pro tanto reasons not to knowingly say false things. That goes for ABC too. If they come to believe, as a result of hearing what critics say, that the film they are about to broadcast contains serious inaccuracies about important matters, then they have good reason not to broadcast the film. Telling them about inaccuracies and urging them not to broadcast on that basis, is not an act of censorship any more than it would be an act of censorship to urge the New York Times not to publish, say, a false story that a senior politician is a sex abuser.

23

bi 09.10.06 at 3:46 am

Molly Bloom:

#17: My point is, so where’s the “outrage” (as SFB himself puts it) from our resident “free speech” warriors (e.g. SFB himself) at all the calls to charge Michael Moore with treason? Why do I hear nothing but a few feeble statements that those screaming treason were wrong?

#20: …except our brave Murty decides she seriously wants to pass off their work of fiction as “truth”. Personally, I’m curious to see how that’ll wash.

24

Molly Bloom 09.10.06 at 3:47 am

Chris,

Do you research the comment history of *every* anonymous commenter on this blog or only the ones with whom you disagree? I’m happy to provide you with my real name in a private e-mail, if it makes a difference to you.

[Pseudonymous comments are fine. I do sometimes research comment histories. Not on grounds of disagreement, but in order to check that we aren’t mistaking political operatives or wingnut obsessives for genuine interlocutors. Not that I’m saying you are either, of course. CB]

25

John Quiggin 09.10.06 at 3:50 am

“What’s it to you, exactly?”

In line with our comments policy, name changes like this should be announced; otherwise you’ll be assumed to be a sockpuppeteer, and deleted

On the general point you’re making, I’ve never seen anyone on the left defend Michael Moore on the basis that it’s OK to lie (maybe someone has done it, but I haven’t seen it). His supporters have either defended his accuracy or argued that his errors are minor and unimportant. (For myself, I think he’s made some serious errors, though not enough to make his films useless as documentaries).

It’s good though, to see the consensus emerging on the right that their case can be advanced only through fiction, fabrication and, as you say, “the time honoured tradition of lying about or distorting history”.

26

Molly Bloom 09.10.06 at 4:04 am

John, please forgive my ignorance of your comments policy. Did Chris really think I was a sock puppeteer?

Yes, a time-honored tradition of distorting history in film and television (among liberal and conservative partisans) exists, but how does it follow that I am arguing that the conservative case can be advanced only through fiction and fabrication? And how, for that matter, do you know that the errors of this particular film are serious enough to warrant its cancellation? Have you seen it?

27

Molly Bloom 09.10.06 at 4:30 am

Bi, you ask, apropos Michael Moore, “Why do I hear nothing but a few feeble statements that those screaming treason were wrong?”

Um, because there’s not a chance in hell that he’s going to be charged with treason. It’s kind of like how I don’t expect liberal bloggers to scream their outrage every time some “Free Mumia” or “Death to Israel” nut says “hey, look at me.”

28

rented mule 09.10.06 at 5:15 am

Senator Reid’s letter to Disney CEO Iger can be found here:

http://reid.senate.gov/newsroom/record.cfm?id=262624&&year=2006&

I’m with Molly on this one. Reid could well be the next Senate Majority leader. Do we really want him telling a network that their license can be pulled at any time? I mean, the threat may be implicit, but I think it’s there all the same. I’m particular thinking of the passage where Reid writes:

“The Communications Act of 1934 provides your network with a free broadcast license predicated on the fundamental understanding of your principle obligation to act as a trustee of the public airwaves in serving the public interest…Should Disney allow this programming to proceed as planned…the reputation of Disney as a corporation worthy of the trust of the American people *and the United States Congress* will be deeply damaged. We urge you, after full consideration of the facts, to uphold your responsibilities as a respected member of American society and *as a beneficiary of the free use of the public airwaves* to cancel this factually inaccurate and deeply misguided program. [emphasis added]”

29

jonst 09.10.06 at 5:36 am

bad jim et al,
You are, pathetically, clueless as to how the ‘game’ works in this particular controversy. “piss off the Dems in Congress” you say? First off it is very difficult to piss them off on anything, given their stunning lack of passion. Leaving aside, I might, taking away their privileged parking slots at the airport and things akin to that. But if you DID, somehow, arouse these pusillanimous shitheads, what would it mean? It is like pissing off a lamb, on valium.

This is the entire problem; there IS no opposition, no effective, opposition, in Congress to what is going on in the country today. And when someone does arise on an issue he or she either is sidelined, (see Murtha not being allowed to give the Dem response to Bush’s SOU address in Jan. At a moment when Murtha was being swift boated) attacked, (see Lamont) or disappeared (see Paul Wellstone)

And finally, to think that they would revolt on intellectual property issues, of ALL THINGS, just adds a touch of humor to your comment. IP is their chicken that lays all their golden retirement packages. Hell, why do you think they put Mitchell in charge of the ‘benefit’?

30

neil morrison 09.10.06 at 5:50 am

Paul Krugman, amongst others on the Left, defended Michael Moore. (Are there any CT posts ripping into the Leni of the Left?)

I’ve just seen the first half of the programme. Apparently decent people for the right reasons occasionally made the wrong decisions. The programme in effect defends Clinton’s decision to bomb the Sudanese pharmaceutical factory – a reasonable decision based on maybe faulty intelligence. That’s sooo right wing.

But good to see the consensus building on the left that ill-informed knee-jerk reactions are preferable to intelligent debate.

Much of the programme followed a very similar view to that of Steve Coll’s “Ghost Wars”. Missed opportunities easily seen in hindsight. How right wing is that?

31

bi 09.10.06 at 5:58 am

Molly Boom: What are the chances then that ABC will pull the thing off the air then? In contrast, given what they’ve said, there’s a very real chance that the people behind this film will try to pass off their fiction as “truth” outside of the airing.

rented mule: Implicit threat of legal action against implicit libel. Or what?

* * *

And this in via Google News.

“This is the most anticlimactic, tension-free movie in the history of terrorist TV. …

“Controversy could boost viewership, except ‘Path’ is the dullest, worst-shot TV movie since ABC’s disastrous ‘Ten Commandments’ remake. It substitutes shaky handheld cameras and dumb dialogue for craftsmanship.”

D’oh!

32

rented mule 09.10.06 at 6:28 am

bi,

For my part, I don’t think the protection of the libel laws should be extended to politicians. It makes it too easy for the State to silence its critics, as it does in Singapore.

33

bi 09.10.06 at 7:16 am

rented mule: Well, for my part, I don’t think (N.B.) that the portion you quoted was even a threat. The fact that my “trust” in someone is “damaged” doesn’t mean I’ll immediately take him to court. Maybe you should try something other than pulling out legal opinions from thin air.

34

Larry 09.10.06 at 7:38 am

Isn’t Path to 9/11 the right’s equivalent of Fahrenheit 911?

35

Walt 09.10.06 at 7:39 am

Somehow, I suspect the sudden defenders of free speech here were just fine with pressuring CBS from airing their show about the Reagans, or pressuring Dan Rather off the air.

36

Matt 09.10.06 at 7:43 am

It’s apparently not only the constitution that poor SFB can’t read and understand but even a couple of line comment, since of course I said nothing about the show being libelous. (Since, as a matter of law if not morality, it’s extremely hard to libel a public official in the US I’m fairly skeptical of that claim even without having seen the film.) But, this does show that not only is SFB too dumb to read even a simple text but that he’s also not interested in the truth.

37

pedro 09.10.06 at 7:48 am

As far as I understand, in spite of its many ridiculous speculations, Michael Moore’s movie did not show fabricated dialogue. I frankly prefer a movie that makes it very clear that it has a political point of view–by, say, putting forth speculations about historical matters–than one which falsifies the record in the manner in which ABC’s production has done so.

38

Backword Dave 09.10.06 at 7:52 am

Via Glenn Greenwald, damning reviews from those “the select few who received an advance version on DVD”, – Entertainment Weekly, Chigaco Sun-Times, USA Today. From the last of those, “The attempt is admirable, but in the end, the movie is defeated by its subject and by its willingness to twist that subject to score political points. Too confused for a documentary, insufficiently dramatized for a movie, Path simply doesn’t have the skill needed to support its intentions.”

Now, I haven’t seen the movie, but I can read the fulsome praise of those who have. Govindini Murty and Justin Levine. I detect curious similarities in their reviews, not plagiarism exactly, but I’d suspect they’re cribbing from the same handout which came with the DVD.

Murty in FrontPage:
“The acting is also excellent in “The Path to 9/11.” Harvey Keitel is strong, sympathetic, and quirky as FBI agent John O’Neil, and Donnie Wahlberg is also sympathetic and believable as CIA agent “Kirk.””
Levine:
“Harvey Keitel gives his best performance in years as FBI agent John O’Neill. Donnie Wahlberg gives the performance of his career as a sympathetic CIA field operative named “Kirk”.”
(Levine suspects “Donnie Wahlberg’s CIA character” is a ‘composite’ “several people.”
Levine: “The whole film is based on the public record of the 9/11 commission.”
Murty: “The five-hour miniseries (aired over two nights) is based on the 9/11 Commission report, and also on ABC News correspondent John Miller’s book, ‘The Cell.'”
Murty again: “This is the first Hollywood production I’ve seen that honestly depicts how the Clinton administration repeatedly bungled the capture of Osama Bin Laden. One astonishing sequence in “The Path to 9/11″ shows the CIA and the Northern Alliance surrounding Bin Laden’s house in Afghanistan. They’re on the verge of capturing Bin Laden, but they need final approval from the Clinton administration in order to go ahead. They phone Clinton, but he and his senior staff refuse to give authorization for the capture of Bin Laden, for fear of political fall-out if the mission should go wrong and civilians are harmed.”
This isn’t in the 9/11 Commission report. It was made up.

39

John Emerson 09.10.06 at 8:21 am

Both Molly and SFB elide the fact that the film, which has been widely distributed to sympathizers, is deliberately factually inaccurate in a partisan way, making up events which never took place which would be highly damaging to major public figures if believed, and the the film is being presented as true. the film isn’t interpretation or point of view; it’s misrepresentation and lies.

That’s the kind of freedom of speech that they’re arguing in favor of. A free-speech absolutists can probably make a case for that — though slander is one of the “fire in a crowded theatre” excpetions, IIRC.

But when they make the free speech argument while also misrepresenting the film, they’re just partisans. If a free speech absolutist comes along, I’ll listen to him or her.

40

John Emerson 09.10.06 at 8:30 am

And the fine old film tradition of misrepresenting history is less excusable when the “history” is of still-controversial recent events involving still-active figures. These lies aren’t being told about Henry VIII or Tiberius Caesar.

After skimming the comments again, I see that Mr. PCP in #3 did the same old “But what about….” hijack switcheroo. He wants to make sure that we don’t talk at all about the film (which we haven’t even seen!)

41

Uncle Kvetch 09.10.06 at 8:33 am

Isn’t Path to 9/11 the right’s equivalent of Fahrenheit 911?

No. There is a fundamental distinction between a movie shown in theatres and one broadcast over the airwaves, the latter being, in theory at least, owned by the public. If Disney wanted to show the movie in theatres, or on cable for that matter (which is how CBS got the wingnuts off its case with the Reagan biopic), there would be no controversy.

At this point, whether the film ever gets aired or not is totally immaterial. Horowitz and his coterie have one. All that matters is to get the idea out there, and they’ve succeeded: “Did Bill Clinton cause 9/11? Opinions vary.” The rest is gravy. Karl Rove himself couldn’t have done it better.

All that said, I think for Reid and other Democratic office-holders to get involved in this was an extremely inept political move. I have no doubt that many on the right would be screaming about “censorship” regardless, but that’s no reason to give them more ammunition.

42

Uncle Kvetch 09.10.06 at 8:34 am

“Horowitz and his coterie have won,” dammit.

43

KCinDC 09.10.06 at 9:09 am

Someone needs to link to this for those who missed it when Holbo first put it up.

44

harry b 09.10.06 at 9:16 am

A right to freedom of expression is written into the Constitution of the US. Nothing in Reid’s letter threatens force, and even if it did he is not in a position to carry out any such threats, and even if he were, judicial review and the Supreme Court would defend Disney if such threats were carried out and constituted a violation of the right to free expression. Part of the right to freedom of expression is the right, politely (or even rudely) to request of people that they refrain from lying or spreading falsehoods. The defenders of Disney here are on the wrong issue — or at least they misundertand what the right to freedom of expression is. Conservatives usually understand the right in much the way I am doing — if the Disney defenders here are conservative they have an eccentric view of the RtFE.

Fortunately, this is going to be a dumb made-for-TV movie. It may well prompt Americans to have entirely false beliefs about the lead up to 9/11, but they will only join the mass of false beliefs already prevailing, and by this time next week the vast vast majority of viewers will have forgotten whatever beliefs they came to have. Still, it is right to point out where everything is wrong, and to chastise Disney etc for knowingly promoting falsehoods, and ludicrous and ignorant to claim that such behaviour violates anyone’s rights to anything.

45

John Emerson 09.10.06 at 9:54 am

There are no real defenders of Disney or of free speech here. Just a couple of bots making the best case they can against the Democrats, any way they can.

Fortunately, this is going to be a dumb made-for-TV movie. It may well prompt Americans to have entirely false beliefs about the lead up to 9/11, but they will only join the mass of false beliefs already prevailing, and by this time next week the vast vast majority of viewers will have forgotten whatever beliefs they came to have.

This misses the point in a big, big way. Rove wins elections by keeping the fanatic core in line while making very effective appeals to non-ideological “low-information voters”. Probably the people who will see this movie are already misinformed, but this movie freshens up the disinformation and makes them that much harder for us to reach.

Many Democrats/liberals as individuals, and sometimes even the party itself, disdain low-information voters and the tacky, stupid things you have to do to reach them. But elections are decided by the swing voter, and unfortunately the swing voter in the US is an idiot. So this disdain is suicidal.

46

Steven Vickers 09.10.06 at 10:53 am

Nothing in Reid’s letter threatens force, and even if it did he is not in a position to carry out any such threats, and even if he were, judicial review and the Supreme Court would defend Disney if such threats were carried out and constituted a violation of the right to free expression.

I think the part of the letter that people question have been the statements that “the Communications Act of 1934 provides your network with a free broadcast license predicated on the fundamental understanding of your principle obligation to act as a trustee of the public airwaves in serving the public interest” and “…the reputation of Disney as a corporation worthy of the trust of the American people and the United States Congress will be deeply damaged.”

Now of course this isn’t an explicit threat, and I’m willing to grant that the Senators may not meant it as a threat. Nevertheless, if the Senators argue that Congress gives ABC a free license, and if ABC runs this movie then the Disney corporation loses the trust of Congress, it’s not hard to see why some would conclude that the license is being threatened.

47

Seth Edenbaum 09.10.06 at 11:11 am

“And, of course, Republican efforts to demand that CBS cancel — not change or alter, but cancel — The Reagans was led not by private citizen groups or concerned bloggers, but by Ed Gillespie, in his official capacity as the Chairman of the Republican National Committee, at a time when that party controlled the entire executive branch and both houses of Congress. Gillespie filed a complaint with CBS officially on behalf of the RNC, and then went all over television objecting to the content of CBS’ broadcast.”
Greenwald

And Michael Froomkin has a few posts on the possibilities for a libel case. And the film is being shown in commonwealth countries.

48

Jim Harrison 09.10.06 at 12:22 pm

Since we don’t have a free press in this country, the semi-monopolist media just can’t be counted on to police itself. ABC has no god given right to own part of the public airwaves. If it acts badly, the people have a perfect right to tell it to go piss up a rope. I think the networks ought to be broken up anyhow as a matter of good public policy under the anti-trust laws.

If the 9/11 show had been a theatrical movie, things would be different. Disney has a perfect right to distribute any piece of crap it likes, though in this instance, it might face a libel suit in the aftermath as well as commercial boycotts. Note that my position on this point contrasts with Disney’s. Disney refused to distribute Farenheit 911, though that film was not a hit piece disguised as a public service film but a frank political statement and, to judge by the available evidence, also a far more honest work.

49

roger 09.10.06 at 12:48 pm

At first, I was appalled at what I read about the ABC docudrama. But the more I’ve thought about it, the more I’m with people like Molly Bloom and SFB on this issue. The conservative invocation of free speech is probably hypocritical on their part, but that’s how the right to free speech is — it is available to saints and sinners alike. Your right to free speech isn’t annulled because you want to take away someone else’s right to free speech. An argument against censorship stands or falls on its own merits, not on the consistency of the person making the argument.

More than that, the 9/11 attack has been frozen by the D.C. establishment into one consensus narrative, a narrative that conveniently protects all players. This isn’t a question of some dumb conspiracy, but the much more traditional ass covering that both parties embraced; I can’t imagine that CT would really like to see a docudrama showing how all parts of the American government performed flawlessly on the way up to a flawless disaster, but that is what the posts here seem to indicate. Don’t you want to question how our authorities perform? Don’t we want to know something about the structures that have been built, with enormous and record breaking expense, to secure the U.S.?

Fahrenheit 9/11 tried to chip away at the deep freeze on this topic. Now ABC’s film is doing the same from the right. And when it calls into question, say, the U.S. relationship with Pakistan, it does a service that I, a liberal, appreciate — especially as nobody has done more kowtowing to Pakistan than the current administration.

I’d love to see a docudrama from the left called August, 2001, about George’s vacation. But unfortunately, the Dems and their camp followers still ardently desire a consensus, centrist history, amalgamating all complaints from all sides to create a completely banal picture that says all sides performed flawlessly as the Titanic went down. If the ABC show wrests our recent history from the establishment guardians and makes it question-able, that is really great.

As for the Blumenthal article, it is a hoot. The borrowing of terms from J. Edgar Hoover — for instance, of conservatives ‘burrowing’ into Hollywood – made me think it was a parody. But apparently, it isn’t.

50

John Emerson 09.10.06 at 1:09 pm

If the ABC show wrests our recent history from the establishment guardians and makes it question-able, that is really great.

You’re a moron, Roger. Just a silly moron.

Free speech questions aside, the ABC movie invents fake stories and presents them as fact, and all of these fake events reflect very badly on Democrats. Apparently the climax of the movie is the fake scene when US Forces are ordered not to take out Bin Laden when they had him in their sights. This is the big lie technique in the service of the powers that be, but to you it wrests our recent history from the establishment guardians.

Contrarians can be at least as stupid as establishmentarians, as you’ve shown us.

One of the bots upthread compared Michael Moore to Reifensthal, but this movie is a lot closer to her work.

51

Molly Bloom 09.10.06 at 1:59 pm

John Emerson,

I’m a “bot,” of course, but if you’ll look again at my comments, you’ll notice that my points don’t rely on characterizing those with whom I disagree as morons, “bots,” and establishmentarians.

As for the “lies” being presented in the 9/11 film, have you seen it? I’d be interested to hear your reaction. I don’t plan to see it, as I watch very little television.

And if you’re so interested in American ignorance and false notions of history, take a gander at the comments to Blumenthal’s hysterical post. Now *that* looks like an intelligent, historically informed crowd.

Finally, I didn’t compare Moore to Reifenstahl, but, since we’re on the subject, and you seem so interested in educating us bots on the subject, could you point me to the actual lies that are contained in “The Triumph of the Will”? You all seem to be under the impression that one needs to tell outright falsehoods in order to make a work of despicable propaganda.

52

Steve LaBonne 09.10.06 at 2:02 pm

There are links to clips of the specifically false and defamatory scenes all over the Web, should you feel like extricating your head from… umm, the sand.

53

astrongmaybe 09.10.06 at 2:09 pm

John #50 – I’m not sure your comparison with Leni Riefenstahl is right. Her 30s films certainly did serve to glorify the NS regime, but I don’t think they were tendentious/lying in the way that you imply The Path to 9/11 is: inventing bogus historical incidents to smear a particular political viewpoint. Their political aestheticization of events would be closer these days to, say, round-the-clock news coverage of the invasion of Iraq. Did you have any specific examples in mind or did did you just mean “propagandist”? I wonder how familiar you are with her work, given that you don’t seem to be able to spell her name. (If that seems a bit snarky, you deserve it – your answer to Roger was obnoxious.)

54

Molly Bloom 09.10.06 at 2:10 pm

So I take it, Steve, that you agreed with CBS’s laughable decision to pull the Reagan show?

55

Steve LaBonne 09.10.06 at 2:24 pm

Beg pardon? Did I say anything about pulling anything? Since you expressed a (frankly, laudable) intention not to watch this turkey, yet you reprove others by asking “have you seen it?”, perhaps you ought to see at least the worst-offending scenes yourself- they’e readily available. That might even give you some credibility.

56

roger 09.10.06 at 2:24 pm

Excellent response, John. I’m not just a moron, but a silly moron. So ABC’s film showing Clinton’s people not killing Osama bin Laden – a fiction — is simply the equivalent of Leni Riefensthal – what, her Alpenfilms?

The Riefensthal reference is a red herring — the real similarity is to Abby Mann. Or to any number of the docudramas that have been on tv since the eighties. Each one compresses characters, makes up scenes, and of course dialogue. From the Atlanta Child Murders to The Thin Blue Line, docudramas consistently fictionalize scenes in order to make points. If you want substantiation for this point, I suggest you look up docudrama and fiction on Factiva. I’ll go through a few instances:

On A dangerous Life, 1988, an HBO docudrama that implied the Marcos’ ordered the murder of political adversaries:

“Producer Hal McElroy, in an HBO press release, says “A Dangerous Life” is “like new journalism, where you’re reporting real events but you create fiction to more accurately reveal to the audience what the real events were about.”

In Guts and Glory, a CBS docudrama documenting the rise and fall of Oliver North, the condemnation of the oily Oliver is conveyed by Aaron Sykes. According to the St. Petersburg Times review ofit, Aaron, North’s superior, confronts him in the last scene “with having “tried to pull nothing short of a secret government, the most dangerous thing to my country I can possible imagine.“ He accuses North of believing that “the end justifies the means.“

“You’re damn right,“ North responds.

“But that’s not what America is all about, Colonel,“ Sykes says.

Sykes doesn’t really exist. He is a fiction.

How about a more worthy documentary from 1994? “A Century of Women” has an excellent director – Barbara Koople, who did Harlan County. It relates the lives of a number of prominent women, like Francis Perkins. And it features the discussion of these lives by a fictitious group of women who are related by fictitious ties in a fictitious family.

I know that it is silly, moronic, and just plain Hitlerian to have some faint notion that docudramas almost always do the same things, that there is a long history of this, and that if you dislike it being done about 9/11, maybe you should check out how it is done at all – but then, silly moronic people make those kinds of objections. Don’t know shit from shinola, us folks. Contrarians. Not with the party line at all.

So, I would like to see the impassioned defenses of Oliver North, the Marcoses and the little fry — all subject to the fictionalizing slice and dice of docudrama.

57

John Emerson 09.10.06 at 2:27 pm

I actually know little about Riefensthal, but she seems to have become the standard winger comparison for Michael Moore. You see the comparison here and there.

In your posts you slipped greasily past the fact that the movie, which has been seen and described by hundreds of people by now, portrays events which did not take place as though they were true (“The Official True Story”), and that these fake stories are all defamatory. There’s nothing wrong with objecting to this kind of thing. If you want people to think that you’re a free speech advocate and not just a run-of-the-mill bot, don’t mischaracterize the speech you’re talking about.

A bunch of partisans have taken it upon themselves to make a movie that may be construed as a critique of their ideological and political adversaries….They have dramatized the facts as they interpret them…..

This understates what happened. They misrepresented the facts.

a time-honored tradition of distorting history in film and television exists

This sounds like a description of “I Claudius” or something, not the film in question here.

And how, for that matter, do you know that the errors of this particular film are serious enough to warrant its cancellation? Have you seen it?

The film was distributed exclusively to wingers, in order to get the PR out before the lies could be known. So none of us have seen it. But we have seen clips from the film and descriptions of the film, both by its winger admirers and by people who worked on the film or refused to work on it after seeing the script, and we know enough to make up our minds.

Sorry, everything you’ve said looks like it’s from a partisan advocate who’s grabbing everything they can find to throw. I give you one brownie point for not engaging in name-calling, but that really doesn’t redeem your posts.

58

Doormat 09.10.06 at 2:34 pm

It appears that I’m currently missing this by not watching BBC2 here in the UK. It’s bizarre how little play the whole scandal is getting here: I’m fairly sure the article I read in the Indi this morning didn’t point out that our publically funded broadcaster was showing this programme as well. And the Observer TV section says it’s a must watch, without so much of word of warning that maybe it’s more “drama” than “documentary”. In fact, it claims that it’s based upon the 9/11 Commission Report, which seems to be bollocks, as far as I see it.

Typically one needs to go to the Scottish press for something, you know, newsworthy on the whole matter.

59

neil morrison 09.10.06 at 2:42 pm

I just like to say agian, having seen the 1st half, this programme is actually unremarkable. It defends Clinton’s decsion to bomb the Sudanese pharmaceutical factory on the evidence of chemical weapons production but also shows that he was vilified by some for some sort of attempt to draw attention wawy from the Lewinski scandel. Those accusations occured.

All of the real people are portrayed as basiclly decent people trying to do their best, making hard decsions some of which turned out to be wrong with the luxury of hindsite.

I was a supporter of Clinotn’s foreign policy at the time and would prefer him as president now but I didn’t find this programme to be a conservative hatchet job.

60

Molly Bloom 09.10.06 at 2:49 pm

John Emerson,

“Sorry, everything you’ve said looks like it’s from a partisan advocate who’s grabbing everything they can find to throw.”

— Right back atcha, dude. For what it’s worth, though I do consider myself center-right, I don’t think of this as a partisan position on my part. I try to examine as rigorously as possible my own motives and biases when I comment on “constroversial” issues of speech and calls to restrict speech. What I find disconcerting is that so few liberal bloggers seem to have done the same in this instance. Roy Edroso’s post on the subject seems to be a notable exception, by the way.

As for your concerns about lying and defamation, Roger has done quite a nice job of demonstrating the kind of “defamation” that fairly routinely appears in television docudramas and the made-up scenes which occur even in well-respected documentaries (The Thin Blue Line).

To be honest, that why I’m so skeptical about the liberal blogosphere’s motives in this instance. Certainly respect for historical truth and accuracy is admirable, but I’d be more inclined to take it at face value if the same bloggers had shown a similar concern for instances of misrepresentation like the ones Roger mentions.

Roger makes a good point. To what extent is the desire to have the film “yanked” animated by respect for historical truth and to what extent is it motivated by a desire to control the narrative?

61

a 09.10.06 at 2:51 pm

I don’t know, but I think I’d come down with the free-speechers on this one. It’s not as if Americans already don’t have grossly wrong views about the war on terror – most believe Iraq had WMDs, don’t they? Let ABC run it. Then let all this effort put into stopping the showing, be put into setting the record straight.

62

abb1 09.10.06 at 2:52 pm

I think it’s fine, all for the best. I think the Clintonistas should make their own Path to 9/11 docu-drama in which Clinton people arrest bin Laden and Saudi-loving Bushies raid secret CIA jail where he is being tortured by the good guys and set him free. Make it a 12 episodes/season TV show. That’s the ‘merican way.

63

Molly Bloom 09.10.06 at 2:57 pm

Sounds like a hoot, abb1. Heck, I’d even watch it. They could get cull their scriptwriters from among the erudite commenters to Max Blumenthal’s post.

64

Kevin Donoghue 09.10.06 at 3:05 pm

I watched the first 40 minutes or so on BBC2. Very dull. The general idea seems to be that Americans are too stupid to live. At the check-in desk, Atta and his buddies looked more like gun-slingers in a spaghetti western than people whose mission depended on appearing harmless.

65

John Emerson 09.10.06 at 3:08 pm

It’s not as if Americans already don’t have grossly wrong views about the war on terror – most believe Iraq had WMDs, don’t they?

As I’ve already pointed out, that’s an abysmally stupid argument.

There might even be an issue with the Reid letter, But the rest of the protests are completely valid. I think that the Fairness Doctrine never should have been repealed, and media consolidation should have been minimized, and the film never would have run in that case.

The most bothersome thing about the Reid letter to me is that Reid seems to be dragging the whole thing into quid-pro-quo interest group politics, meaning that if the network gives him what he wants he’ll give them what they want. But I don’t want them to give them what they want.

66

Functional 09.10.06 at 4:22 pm

I’m not sure what will be in the 9/11 film, but if it implies that Clinton’s administration missed an opportunity to take out bin Laden, that’s actually true. Here’s a stunning NBC video where they actually show a tape of a CIA plane’s video feed (live at the time) of Osama on the ground in Afghanistan. (Fast forward to about 1:50 for the relevant bits). http://www.youtube.com/watch?v=JuH1xwLUnbg&eurl=

67

fred lapides 09.10.06 at 4:22 pm

Ignoring for a moment the matter of whether or not the film is justified, fair, unfair, ok to present: clearly there are still so man y people in theUS that adore Bill Clinton, and so much animosity toward the Bush, that simply in terms of marketing,it makes small sense to piss off so many viewers. That said, I had read some time ago the warning issued to the incoming president from the Clinto n folks about terror and AlQaeda. These warnings were ignored. Further, what took place took place while the GOP was in complete control of the White House and the Congress. The buck stops there.

68

John Emerson 09.10.06 at 4:36 pm

Molly, “time-honored tradition” just means that something’s been around along time (for example, the once time-honored tradition of lynching). It’s a figure of speech; it does not actually make the tradition sacramental — though I can understand how the conservatives of today might actually feel cozier if lying were sacramentalized.

And yeah, there might actually be a free speech issue here, but SFB and Molly have been so annoying that I decided to prioritize. It would be an interesting thing to have a good-faith discussion of, with someone who is in good faith.

69

Molly Bloom 09.10.06 at 6:11 pm

John,

1) Where, exactly, in my comments do I demonstrate that I’m arguing in bad faith? Is it the “annoyance” factor? In other words . . . “When someone disagrees with me, I automatically assume they’re arguing in bad faith, and because it annoys me to have people disagree with me, it becomes top priority to defeat the bots and the morons (who are by definition anyone who disagrees with me) rather than to advance a coherent argument.”

2) I know exactly what “time-honored” means. I didn’t think I had to clarify my position, as it wasn’t particularly nuanced, but here it is, for the benefit of Max Blumenthal’s acolytes. To point out that lying, distorting, and misrepresenting even recent history (on the part of conservatives *and* liberals, as Roger has made demonstrably clear) is not to suggest that such misrepresentations are admirable or “sacramental” in any way. Most “artists” who distort or take “artistic license” or just plain make things up claim they are being true to the overall theme of their narrative. That may or may not be the case, but it *happens all the time.* I’m not inclined, therefore, to view without skepticism the claims of former Clinton administration officials regarding the distortions of the narrative, nor am I ready to accept without question the outrage of the liberal blogosphere, who have certainly not clamored for the cancellation of films which distort recent history in service of a more liberal political agenda. In other words, the show may indeed misrepresent or distort certain events (as does Fahrenheit 911 or even an otherwise interesting movie like “Good Night and Good Luck”), and I certainly won’t be surprised if, like most of what’s on television, it’s a piece of utter crap, but I will not support calls for its cancellation, just as I wouldn’t support calls for the cancellation of the Reagan show.

I will, however, be glad to read the refutations and rebuttals of the show’s representation of history — and that’s saying something, since I ain’t gonna watch the show.

70

John Emerson 09.10.06 at 6:27 pm

Molly, it’s because you misrepresented the nature of the film when making your free-speech argument. You obscured the fact that it was a dishonest movie depicting events which never took place, but calling itself “Official True Story”. And then you said that this kind of thing is “a time-honored tradition”. And you asked snarkily how we knew the show was no good, when we hadn’t actually seen it — a question easily answered. So basically I concluded that you were just a partisan picking up whichever argument or arguments you thought might got the job done, and throwing them out one after another hoping to hit something.

Your skepticism now about Democratic claims that the show is inaccurate is an additional point, because more and more people in a position to know, not all of them Democrats, are coming forward to say that they think it’s inaccurate.

As to whether Michael Moore’s movie was equally dishonest, I think that that’s an open question, but I doubt it. But Moore’s movie wasn’t shown on prime-time TV.

As I’ve said above, a big part of politics these days is convincing low-information voters with imagery and insinuations, and this film is effectively part of the Republican campaign that way. It is not even-handed between the two parties — unsurprisingly given the people who did it.

In short, if you’d confined yourself to the free speech issue instead of throwing out all kinds of other miscellaneous partisan charges and debater’s gimmicks, I would have regarded you as being in good faith.

71

John Emerson 09.10.06 at 6:28 pm

And as I said, artistic license about historical figures is an entirely different thing than artistic license about contemporary political issues. Slandering Richard II is OK; slandering Clinton isn’t.

72

tom bach 09.10.06 at 7:05 pm

The or a difficulty in all this is that history is different that documentary and docudrama is different that documentary. The issue here, as I understand it, is not “slandering” or “libeling” or whatnoting anyone but rather the fact that a broadcast tv docudrama about a historical event is necessarily going to be wrong. It is not okay to be wrong about history in popular culture, ie movies and docudramas, even if every single one ever made was wrong, distorted and etc. Leaving aside the well-known errors of historical fact that dog each and ever version of the Alamo, it might be instructive to revisit a docudrama on someone no one like in order to recall, in a less partisan atmosphere, the wrong-headedness of seeking to teach or learn about any moment of the past from, as someone once called it, the glass teat.
http://www.h-net.org/~german/discuss/hitlerminiseries/Hitler_miniseries_index.htm

73

perianwyr 09.10.06 at 7:10 pm

I hope SOMEONE with the goods on this is interested in posting it to BitTorrent. If anything, in the interest of civil discourse, it would be useful.

74

sfb 09.10.06 at 8:30 pm

Question for John Emerson – Have you actually *seen* this program? To the best of my knowledge, it has not been broadcast yet. So if you HAVE seen it, this makes you one of the very select few who got advance copies. Otherwise, you are like me, and most of the rest of us, and have not actually seen the program.

I do not know what the program is like, since I have not seen it. I do know that the Democratic party has been vocally objecting to it as unfair and biased. It may well be. But until I can see it, I don’t feel that I can make honest or intellegent comments about the program. So it becomes the same tired story of the differing parties making claims that the average person cannot verify because they cannot see the program.

What I object to, and why I find the defense of the Democratic senators letter so problematic is the simple point – they are calling for censorship of something they don’t like. Then bi changes the subject from the letter of the senators, and argues that someone is calling for prosecuting Michael Moore for treason, as if this is a good reason to squelch this program, sight unseen. To the best of my knowledge, bi, I cannot recall any senators or members of Congress calling for the prosecution of Michael Moore for treason. I don’t doubt that some of the crazy folks on the fringe right have made such remarks, but have any members of Congress done so? That would be comparable to Senator Reid’s letter to ABC, and in my opinion, it would be equally wrong.

Like Molly, I think the issue is censorship. If the program is crap, the the Democratic Party should show all the ways in which it is crap, and bring a counter claim right back. That’s fine – show the public why this program is trash. Denying the right of anyone to produce crap is what’s wrong here. I will not support the belief that certain ideas are beyond the pale and cannot be discussed.

John Emerson’s arguement in comment 70 seems to *me* to be that Molly Bloom shouldn’t have defended a piece of falsehood, and that since this movie is on prime time tv while Moore’s was not, that there is a difference. I think this argument is problematic, because it seems to imply that it is acceptable to censor something sight unseen because some of the people who have seen it think it is bad scholarship. It seems to me to suggest is also acceptable to censor broadcast tv because it is a venue owned by the public, and some Democratic senators feel this program is not in the public interest. The venue, broadcast tv or cable tv is really secondary – the point is, the minority leader of the US Senate is writing what could be considered to be an intimidating letter to the TV people. Would it have been permissible to send a comparable letter to the folks who planned to transmit Fahrenehit 9-11? I say emphatically that it would have been wrong to attempt to suppress Fahrenheit 9-11, for the same reasons that it is wrong to attempt to suppress the ABC program. Both may be poor journalism, and both may be even worse history. But that determination should be made after they have been seen by the public.

No thank you bi, Matt, John Emerson. Your reasons for defending efforts to kill this program before it is broadcast strke me as unconvincing. I have my personal suspicion that the ABC program, like most TV docu-dramas, is a waste of time because it is poor entertainment, and even worse history. But I absolutely object to the notion that anyone – you, me, or the Minority Leader of the Senate, should be able to tell any one of the rest of us what we can write, produce, read, or watch. If you think the ABC program is a collection of lies and scholarly intent to deceive, then show us the proof – after we all can see and decide if we agree with your analysis or not. If you think you have been hurt in an actionable way, take it to court. But prior restraint – NO THANK YOU.

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John Emerson 09.10.06 at 8:42 pm

A lot of people have seen the program. It has been very widely disseminated — rather suspiciously, only to right ideologues, specifically for the purpose of trying (unsuccessfully) to slip things by people. It’s been shown overseas. People who worked on the program have talked about it. People who refused to work on the film have talked about it. There are publicity clips out there. I’m satisfied that the program falsifies recent history. I just don’t understand the “You haven’t seen the film yet argument.” (Or the “Everyone does it” argument either).

People DID try to suppress Moore’s movie, by the way.
BI did not change the subject. The orifginal subject was the program itself. YOU changed the subject to the Senator’s letter. And I’ve been continuing to talk about how bad the film is, and I’ve been calling your and Molly’s bona fides into question because of the way you presented your arguments. I’d be willing to talk about the Senators’ letter with someone else. I really don’t believe that either one of you is a free-expression militant.

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neil morrison 09.10.06 at 8:52 pm

I’ve seen it and it portrays the Clinton administration grappling with difficult decsions about how to fight bin Laden while at the same time avoid civilian casualties and alienating allies. Didn’t sound like right-wing propaganda.

I think that is a fair view of what happened. The programme may have taken a few dramatic licences, but that’s what most docudramas do, but most importantly it kept to the spirit of the truth which is mostly positive about Clinton.

77

KCinDC 09.10.06 at 9:13 pm

SFB, unless ABC gives the Democratic Party and a bunch of liberal bloggers six hours of commercial-free broadcast time, in what way could the responses you recommend reach even a tiny fraction of the millions misled by the program? A correction printed in small type on page A32 hardly makes up for a false front-page story.

78

Matt 09.10.06 at 9:34 pm

SFB, once again you expose yourself as, frankly, an idiot who can’t read since I, at least, have not defended efforts to kill the program at all. In fact I said that I’m fairly skeptical that a libel claim can be made to stick and think it a waste of time to try. All I’d said is that you clearly don’t understand the constitution. Apparently you can’t even understand other simple paragraphs, too, so that should not be a surprise.

79

Walt 09.10.06 at 10:03 pm

Molly, are trying to give a serious argument? We already know that they only let right-wing operatives like Hugh Hewitt and Rush Limbaugh see it. We know that people who have seen it report that it is quite biased, and that it contains fabricated scenes that distort history. We’re supposed to wait until ABC successfully lies to millions of people about our historical record before we say anything? You think this argument is going to convince anyone?

80

Ben Alpers 09.10.06 at 10:33 pm

Although I don’t spend a lot of time at DailyKos — the endless my-party-right-or-wrong Democratic circle jerk gets tiresome fast — this dKos diary by Hunter is a very nice rendition of what an actual Democratic equivalent of The Path to 9/11 would look like.

Incidentally, have any of the purveyors of the Moore=Riefenstahl meme (here or elsewhere) actually seen any movies by these filmmakers? It’s hard to imagine two political documentarians who take a more different approach to their material. Moore is constantly on camera in his very first-person docs. Riefenstahl, especially in her Nazi-era documentary work, is never on camera. Moore’s films are fundamentally verbal; Riefenstahl’s films rely on their visual impact, with the most famous sequences often having no dialogue whatsoever. Heck, George Lucas is a more similar filmmaker to Leni Riefenstahl than Michael Moore is!

Calling Michael Moore the Democrats’ Leni Riefenstahl is just a pseudo-sophistated way of saying “liberals are all a bunch of Nazis” (pseudo-sophisticated both because it’s an entirely baseless accusation, half of the intended audience for which will feel proud of themselves for sort of knowing who Riefenstahl was, while the other half will look her up on Wikipedia and think “aha! I always knew liberals were Nazis!”).

81

sfb 09.10.06 at 10:41 pm

Matt, John, I see that you don’t bother to read carefully. Sorry gents, but I find the notion that I don’t understand simple paragraphs, or that I don’t care about free speech to be any sort of informative response to my comment. You can’t document where my argument is wrong. What you are doing is offering more of the same – argue the people you disagree with are stupid or worse, and change the subject, and argue that you are justified in censoring views you disagree with. If you are representative of the Democratic party, then I think it is long past time to drop my affiliation with that party, because you, and Senators Reid and his co-signers are simply arguing that the end justifies the means. So much for the concept of a nation of laws.

Since neither Matt or John has seen this program, I don’t think either of them has any credibility to argue that it is good, bad or indifferent. Or are you folks on the list of people who have seen it?

Look folks, Molly has the right argument here. If you think supression of material because someone else says it is lies and fabrications is reasonable, why should we take *your* word for it instead of anyone elses word that it is *great stuff*? No thanks.

Since none of us have even seen this program, how can any of us argue that it is full of lies, or that it factual? You have no evidence – just the say-so of people with a vested interest in this dispute.

Sorry folks, This is still an effort at prior restraint, with the support of members of Congress, who obviously have a vested interest in the outcome of this. If you cannot understand why that matters, it is pointless to try to continue this conversation with you. Good luck. Molly Bloom, I’ve enjoyed your posts.

82

Matt 09.10.06 at 11:03 pm

SFB,
Please point me to the place where I said anything about the quality of the program. I’m sure you’ll not find one, which is why I say you obviously can’t read. I also clearly didn’t say you don’t care about free speech, but rather that you don’t understand how the idea is used in relation to the first ammendment. (You made that quite clear in your early posts.) Prior restraint is a legal term. It can be done only be those acting with legal authority. Individual Democratic sentators cannot exercise prior restraint, nor, at this time, could all of the Democrats in congress (since they don’t have a majority.) Please note that saying this is to say something about the meaning of the term ‘prior restraint’ and not about the wisdom of any approach to the show. I don’t have any special interest in it at all. I do have an interest in people who used terms they don’t understand.

83

goatchowder 09.11.06 at 1:53 am

This is not about free speech. This is about very, very expensive speech: a $40 million peice of probably-libelous trash, and a billion-dollar media behemoth propagating it.

Yes, they’re “free” to spend $40 million making this dreck and using their billions worth of public airwave licenses and private assets to broadcast it. We’re “free” to bitch about it on blogs and send nasty letters.

Sounds like a lively marketplace of ideas, yes indeedy! I’m so glad this whole free speech thing is working out so well.

84

bi 09.11.06 at 2:02 am

Ben Alpers: That dKos entry rocks. :) About Riefenstahl: of course, just like the “cite the court and trial” and “none of us have seen it” and “it is pointless to try to continue this conversation with you” lines, this Riefenstahl defence is just another handy pail of mud to sling at people. You don’t need to have actually watched any of Riefenstahl’s works; you just need to keep throwing out her name ad nauseam.

Finally, on the 5th anniversary of the 9/11 tragedy, I’d like to remind everyone that there are some things which make the US the great nation she is, and also Michael Moore is fat.

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Brendan 09.11.06 at 4:21 am

Hey but what’s the matter you guys? Don’t you realise the most important thing? Glenn Reynolds loves it!

‘Yes, the Democrats have shown their usual instinct for the capillary. While worrying about minor bits, they’ve missed that the real harm is simply the reminder of the terrorist threat, which they’ve tried to downplay, but which they’ve magnified in people’s minds by making a stink. Going on the offensive like this just reminds people that they’ve been downplaying it for over a decade.

If they’d kept their mouths shut, this would be about the terrorists, which would be bad enough. Now it’s about the terrorists and the Democrats.’ (emphasis added)

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John Emerson 09.11.06 at 6:17 am

SFB, it was you who wanted the thread to be about the Senators’ letter. If you had wanted to make the case against the letter, you (like Molly) should have stuck to that issue, and not thrown in a lot of stuff (which we don’t agree with) about how the film really isn’t that bad, or that we can’t criticize a film we haven’t seen personally, or that there’s a time-honored tradition of this kind of thing and we should just sit and take it.

Edroso took a position somewhat like yours, but he didn’t throw in all the other miscellaneous arguments.

You have no evidence – just the say-so of people with a vested interest in this dispute. False. Harvey Keitel is one of the critics, and insofar as he has a vested interest, he should be supporting the film. Other critics are people (FBI, some of them) who refused to work for the film, or quit, because they thoguht it was dishonest. Again, the only vested they had would have been their paycheck, but they turned it down.

You guys are throwing out everything plus the kitchen sink, which is why I’m not listening. The otiginal topic of the thread was the movoe itself, and you’re wrong about that one.

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Walt 09.11.06 at 7:51 am

For Glenn Reynolds, it’s always about the terrorists and the Democrats. Actually, for Reynolds it’s always about the Democrats, and occasionally he pretends to care about the terrorists too.

SFB: I think George Bush should be impeached, and perhaps tried for war crimes. ABC consistently refuses to air my views. I’m glad to hear that you agree with me that ABC is engaging of prior restraint of my free speech rights.

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sfb 09.11.06 at 10:17 am

John, if you can tell me specifically what in the film is libelous or wrong, then you have a case. But, if you are like me, and you have not seen the film, you are not talking about anything you know anything about. From day one, this whole line of discussion has been about a film that most (possibly all) of the commentators on this board have not seen. This is not informed criticism. I said in my first post (#3) that unless McLemee had seen it, his criticism seemed uninformed. I still stand by that. Unless you have actually seen this movie, you are judging something you have no ability of make an informed judgement about. If your level of judgement is that a political party objects to the film, and that is sufficient evidence that the film is bad, then so be it. I, personally, don’t think that is informed or thoughtful analysis, but you are welcome to your opinion. John, the original thread may have been the movie, but your comment closing in #86 makes my initial case nicely:

“The otiginal topic of the thread was the movoe itself, and you’re wrong about that one.”

How can you tell if the movie is good, bad or indifferent until you can actually *see* it? Note that in my initial comment I said the movie might well be junk. It probably is, in my opinion, judging from what I’ve seen of how television does history, most of it is poor entertainment, and even poorer history. But unless I can see the film, I don’t think I can offer any worthwhile criticism of it. Apparently many of the commenters here are either recipients of the advance copies of “Path to 9-11,” or they are talking about a subject they have no firsthand knowledge about. If bi thinks you don’t need to watch someone’s films to critique them, (#84), it shows me how little value I need to place in bi’s judgement. Again, thank you for proving my case. Most of the commentators here are making a political judgement based on the political viewpoint of other intersted parties, not on evaluation of the film.

Walt (#87), you are welcome to express your opinion – exercise that free speech. Plenty of people have been calling for the impeachment of President Bush (wasn’t that one of the calls that came from another film a few years ago? Wink, wink) but I don’t think ABC is doing anything to prevent you from making those calls or writing your member of Congress. However, Senator Reid seems to be threatening ABC, which does not look like free speech to me.

My secondary point in my initial post, was that I found the behavior of Senator Reid more troubling than the possibility that ABC was producing trash. Obviously we disagree. I agree with Brendan in his quote from Glenn Reynolds. The Democrats should have ignored this. Instead, they are making themselves look even worse than the Republicans, hard as that may seem.

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albert 09.11.06 at 11:06 am


if you can tell me specifically what in the film is libelous or wrong, then you have a case. But, if you are like me, and you have not seen the film, you are not talking about anything you know anything about.

If you don’t know enough about the film to have an idea of what might be libelous, then you really shouldn’t be opening your mouth about how it’s not libelous either. I didn’t catch the original, but I’ve watched a lot of clips. The scene where Sandy Berger is asked if bin Laden should be taken out and he responds by staring into space (in the original he supposedly hung up without answering) is fiction and portrays Berger as negligent or derilict in his duties. That’s one example.

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John Emerson 09.11.06 at 11:10 am

You’ve said the same thing eight times, sfb — twice in the most recent post.

A lot of people who have seen the movie, or worked in it, or refused to work in it, say it was inaccurate. It portays events that did not take place, and they’re defamatory. The most vivid is the accusation that during the Clinton administration US forces had OBL in their sights and were told to back off. This is an event that did not take place. There are other specific tendentious errors. ABC is not honest about the show’s fictional nature — sometimes they advertise it as “True Official Report” and claim, falsely, that it was based on the 9/11 committee report.

This isn’t movie criticism. We’re not talking about cinematography or acting performances. This show is fiction presenting itself as fact, and the distortions of fact are tendentious.

This movie was very widely circulated, hundreds of copies, but not to anyone who might possibly disagree with it; in fact, people who asked were refused copies. That’s a very bad sign, but to you it proves that we’r wrong because we have to rely on a very large number of second-hand reports. That’s imbecilic, dude, sorry. You have a big problem.

Some other time, maybe the Reid letter should be discussed. Edroso makes quite a bit of sense.

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Molly Bloom 09.11.06 at 11:11 am

John Emerson says:

“If you had wanted to make the case against the letter, you (like Molly) should have stuck to that issue, and not thrown in a lot of stuff (which we don’t agree with) about how the film really isn’t that bad, or that we can’t criticize a film we haven’t seen personally, or that there’s a time-honored tradition of this kind of thing and we should just sit and take it.”

1) Who is “we” in “which we don’t agree with?” Is that a royal we?

2) Look, I’ve tried to be polite here, but it’s exasperating to see my point repeatedly mischaracterized by someone who is either not reading very carefully . . . or is reading as carefully as he is able. I am not defending the movie. I haven’t seen it. I am simply refusing to agree with calls for its cancellation — and I am suggesting that, given that Hollywood and television typically distort and misrepresent even “contemporary” historical events, the selective outrage and calls for ABC to self-censor seem a bit, um, . . . manufactured.

3) I’ve noticed you’ve failed to respond to Roger’s examples of television’s “libelous” treatment of Oliver North. What do you think? Would you have supported calls to cancel that drama?

4) *Can* you criticize a film you haven’t seen personally? Should one go so far as to say that a film one hasn’t seen personally should not be seen by anyone at all? Some liberal bloggers seem to get a lot of mileage out of it when conservatives criticize films they haven’t seen. Maybe the rule is only liberals can criticize a film they haven’t seen personally. Otherwise, the next time you laugh at someone at The Corner for criticizing a movie they haven’t seen or a book they haven’t read, aren’t you going to feel kind of, you know, hypocritical?

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albert 09.11.06 at 11:14 am

On Reid, as Harry said, I don’t see any threat there. I read it as an appeal to the public interest. Americans and Congress trust that something presented on tv as an historical account of recent events will be true. Taking actions that violate this trust is a disservice to the public, which is the justification for airwaves being accessible for corporate broadcasting. No implied action, just telling ABC/Disney they’re being irresponsible.

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albert 09.11.06 at 11:25 am

re: Roger’s examples of television’s “libelous” treatment of Oliver North.

That’s fictionalized, not libellous. From Roger’s description, the account of North fits with his actions at the time. If the movie was in 1989, then North had testified before congress, been convicted of a felony, and not yet had the conviction overturned. There’s a significant difference between manufacturing dialogue in the presentation of events that actually transpired and constructing new events in themselves.

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Molly Bloom 09.11.06 at 11:43 am

You’re right, Albert. It is fictionalized, not libelous, and I should point out that Roger’s description of the North movie used the term “fictionalized.” Without rereading Roger’s comment, I mistakenly used the word “libelous.” I should say, though, that John’s one example of distorted history in the movie seems more fictionalized than libelous.

My other points still stand.

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John Emerson 09.11.06 at 12:25 pm

Molly, I reject you “everyone does it” principle. Yes, perhaps I object more loudly when the slanders are more significant to me. Boo fuckin hoo. I don’t know anything about the slanders of Oliver North, but why?; the truth about that guy should have been bad enough.

For the ninth time, I reject the silly idea that you have to see the movie in order to criticize it. I know about the movie from multiple sources, and my objections are to its deliberate and tendentious inaccuracy. I am NOT a movie critic. I’ve said nothing about cinematography or acting performance.

Molly and sfb, even though this thread isn’t about the Reid letter, if you’d introduced that topic without all the other baggage, you might have been listened to (as Edroso was). For me this thread still is about a crappy, dishonest movie.

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Bruce Baugh 09.11.06 at 12:54 pm

I want to say something on the side about the free-speech defense.

In the US, it is a matter of law that the portion of the electromagnetic spectrum used for broadcast television (along with other parts) is a common good. The privilege of using it for one’s business is granted by license and is subject to regulation on all kinds of criteria, some of them with bright lines of acceptable conduct and some extremely fuzzy. There is no right in law to broadcast at will, nor does the possession of a current license allowing you the use of some frequencies give you the right to broadcast what you wish for the duration.

Now, you may think this is bad law. There are some good arguments to be made that alternatives would promote a wider range of programming while making the administration of broadcasting much less capricious. But for now, this is the law we’ve got, and it’s the law ABC is operating under, and they know it. If you think that they ought to operate under some other legal framework, that’s cool, but it’s irrelevant to the substance of this case. You could make the same defense for absolutely everything broadcast, and should, if your point is that the basic assumptions are wrong. There’s no reason to single out this particular bit of partisan hackwork over infomercials, soap opera,s and sporting events, if you’re after the fundamentals.

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Bruce Baugh 09.11.06 at 12:56 pm

(I’ve seen this kind of thing before, particularly from libertarians, who act as though the US Constitution had all the principles they wanted and it was just specific bad law or regulatory whim in the way of libertopia, minarchist division.)

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Trane 09.11.06 at 2:29 pm

SFB and Molly: Why is it not allowed to criticize procedure regarding the circulation of a film and verification of the ‘facts’ portrayed in it, rather than the quality of its drama?

This is simply what John (#90)does.

So, do you think the procedure stinks? For instance, that no democrats from the commission were asked to comment on the film’s ‘documentary side’.

Does it tell you anything about the movie if the content is remotely like what John tells us, and what clips surfaced appear to say? Does this not allow you to criticize the film before having seen it along the following lines: “If this is the case, that sucks badly and hurts my sense of what is right, but if it is not the case, that does not suck and does not hurt my sense of what is right”.

When Michael Moore prepared his 9/11 movie, some people from the right made a fuss about what they saw as inaccuracies, infedelities, lies and so forth in that movie. So this is what is happening to the new movie. As I recall, by the way, a number left-wingers disapproved of and criticized the manipulative elements in that movie also. And besides, though Moore’s movie was manipulative, it seems to have been more openly so than the new one which shifts between being ‘drama’ and ‘documentary’.

The core point of criticism raised against “Path to 9/11” seems to be the fictional construct of a clear opportunity to ‘take out’ Usama Bin Ladin. If this did not happen (which ABC seems to acknowledge it DID NOT) then I would say that it is very bad form indeed to air such a scene. Agree?

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neil morrison 09.11.06 at 3:53 pm

I saw the second half – dealing with the period of Bush’s presidency. And well, it shows his admin in much the same way it showed Clinton’s. Well meaning people making mistakes in hindsight.

The overall theme of the programme is The Small Guy (Keitel) against the Government (Democrat and Republican). A standard movie theme. It even ends with a list of what Bush has failed to achieve.

So much for it being a right wing hatchet job on Clinton.

trane, the portrayed opportunity to take bin Laden out is actually an amalgam of a number of events. It is essentially true – US agents were with the Northern Alliance, they did plan an attack on bin Laden’s compound outside of Kabul. It did not get the go ahead. I recommend Steve Coll ‘s “Ghost Wars” –

http://www.amazon.com/Ghost-Wars-Afghanistan-Invasion-September/dp/1594200076

for backgound on his. It’s completely true that both Clinton and Bush failed to support the Northern Alliance until it was a bit late – after 9-11.

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bi 09.11.06 at 4:05 pm

Welcome back, neil morrison! Do you still stand by your Moore = Riefenstahl comparison? Have you actually watched any of Riefenstahl’s films?

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neil morrison 09.11.06 at 4:30 pm

I’ve seen Triumph of the Will and The Blue Light. But no I don’t really equate Moore and Riefenstahl. Moore is a satirist and Riefenstahl was a romantic. Put it down to mischievous rhetorical devices.

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Molly Bloom 09.11.06 at 5:15 pm

“SFB and Molly: Why is it not allowed to criticize procedure regarding the circulation of a film and verification of the ‘facts’ portrayed in it, rather than the quality of its drama?

This is simply what John (#90)does.”

— And that’s what those Cornerites that Roy Edroso is always mocking are doing, as well. So next time Jonah Goldberg or John Podhoretz question the historical accuracy of a film they haven’t acutally seen (based on second hand reports), you all can laugh, but I’d hope you’d have a twinge of awareness of your own hypocrisy. And while I disagree with your position that the film shouldn’t be yanked, it does not follow that your criticism should not be allowed.

Yes, people rightly made a fuss about the distortions in Moore’s movie, though no prominent conservatives, as far as I can remember, called for it to be yanked from theaters. People have every
to make a fuss about the distortions in *this* movie as well. People have every right to call for its cancellation — it’s not against the law or unconstitutional to do so. And I have every right to disagree with that position, and to tell you why.

“The core point of criticism raised against “Path to 9/11” seems to be the fictional construct of a clear opportunity to ‘take out’ Usama Bin Ladin. If this did not happen (which ABC seems to acknowledge it DID NOT) then I would say that it is very bad form indeed to air such a scene. Agree?”

A thousand times, yes. ABC should cut the scene if it’s egregiously false and inaccurate. Where do you all get the idea that I’m defending the film itself? I simply don’t agree with calling for its cancellation, and — as I’ve said over and over again –the selective outrage, while being in some respects highly amusing, strikes me as rather hypocritical.

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Kevin Donoghue 09.11.06 at 5:19 pm

I saw the second half – dealing with the period of Bush’s presidency. And well, it shows his admin in much the same way it showed Clinton’s.

Neil,

Contrast the treatment accorded to the two National Security Advisers. Sandy Berger is portrayed as a wimp ducking a decision to attack Bin Laden, in a scene which is entirely fictional. Massoud responds to the news by asking the fictional CIA field officer whether they are all cowards in Washington. In contrast, Condoleeza Rice is shown telling Dick Clarke that she is alive to the terrorist threat, but there are other pressures on her time and he will be on a lower reporting level as a result of reorganisation. This scene is based on fact; it is practically the only scene which clearly imples any failure of a member of the Bush administration.

Only part of the second half deals with the period of the Bush presidency. A chunk is devoted to the closing phase of the Clinton presidency and the last half-hour or so deals with events in the WTC and on the planes. As for the failure to catch Atta & Co in time, a great deal of stress is placed on bureaucratic problems facing the FBI and the CIA. As one character puts it, “political correctness rules”. We are not meant to blame Bush for that, or for the refusal of a judge to grant a warrant for the examination of Mussaoui’s computer. (Another invention? I’m not certain.)

Madeleine Albright is also slimed in another fictional episode, whereas Colin Powell doesn’t even put in an appearance.

So no, the two administrations are not treated in much the same way by any means.

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Molly Bloom 09.11.06 at 5:24 pm

“Molly, I reject you ‘everyone does it’ principle. Yes, perhaps I object more loudly when the slanders are more significant to me. Boo fuckin hoo.”

John,

I reject your repeated blatant distortion of my position. To say that my position is “everyone does it” is to imply that I am excusing or defending the practice of distortion and misrepresentation. I hate the practice — and that’s why I don’t get my idea of history from a television show.

In any event, I request that you cease and desist mischaracterizing my position forthwith. If you continue to slander me, I will be forced to call for your being banned from further comments on this thread. Let’s have a little respect for truth and accuracy here, people.

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Kevin Donoghue 09.11.06 at 5:47 pm

Having now seen the whole dreary thing, I think this review describes it pretty well. Echoing my first comment:

“An appalling secondary concern is the tone makes almost every pre-9/11 American look like a fool.

“Look, there’s a security guard yawning while terrorists plant the 1993 bomb at the World Trade Center. How dare a security guard work while tired.

“Oh, hey, there’s an airline agent checking in a 9/11 terrorist even though he has a carry-on bag. Stupid airline agents.”

It is ironic that it was shown by the BBC, which Bush supporters regard as anti-American. This is the most unflattering portrayal of America the Beeb has screened in some time. But for once they will probably get away without the usual tirade from the likes of Biased BBC.

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trane 09.11.06 at 8:12 pm

Neil, thanks for your comment and the reference. I am not convinced though that ‘an amalgam of events’ does not come too close to a lie or slandering when the doers or non-doers in the ‘amalgam’ happen to be from one side.

Molly, thanks. I have not doubted your motives. About your argument: What if the ‘Democrat side’ had not made a fuss this time? Would the producers have changed anything if there had been less of a storm against them? Or, if the democrat side had held its legal fire until after the film had been shown? If no, was it not right of them to do so?

I did not see you defending the film itself, but you seem to insulate the ABC from critique – at least until it, for many practical purposes, is too late (meaning it will take a lot more effort to kill the same lie when it is already out of the box and growing).

If I misread you, it may be because you did not respond directly to Chris’s point (#22)above that “Telling [the ABC] about inaccuracies and urging them not to broadcast on that basis, is not an act of censorship any more than it would be an act of censorship to urge the New York Times not to publish, say, a false story that a senior politician is a sex abuser.”

Btw. I, as you, am not going to watch the film. It is not broadcast in my country, that is one reason.

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bi 09.12.06 at 2:34 am

I think Uncle Kvetch is right. The aim is to get the “Did Clinton Cause 9/11?” idea into people’s heads, and Horowitz and friends seem to have succeeded in this. So, in anticipation of the upcoming “Clinton Caused 9/11!” meme which will be upon us any time now, I hereby propose… this:

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bi 09.12.06 at 2:37 am

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TomChicago 09.13.06 at 6:06 am

Perhaps we should have reached for our revolvers when the term “docu-drama” was first put forward here. I’m not watching it; I’m waiting for the return of some good old liberal bias. Unfortunately, I may have some long wait… the excellent American commentator Keith Olberman is now being characterized as a kind of John the Baptist crying out in the desert.

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