[HN Gopher] Pulitzer winning reporter faces jail for protecting ...
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       Pulitzer winning reporter faces jail for protecting funding scandal
       sources
        
       Author : anigbrowl
       Score  : 79 points
       Date   : 2024-07-09 19:48 UTC (3 hours ago)
        
 (HTM) web link (www.nbcnews.com)
 (TXT) w3m dump (www.nbcnews.com)
        
       | nickpeterson wrote:
       | I'm sure this will restore his good name.
        
         | smnrchrds wrote:
         | These sorts of actions are usually of the "pour encourager les
         | autres" variety.
        
         | yellow_postit wrote:
         | As his attorney said in the article "I just want the money."
        
       | lxe wrote:
       | It boggles me how there's no federal shield law to protect
       | journalists from this.
        
         | HumblyTossed wrote:
         | This is on purpose.
        
       | Dalewyn wrote:
       | To be clear, this suit stems from another journalist (their CEO)
       | stating things that weren't factual and was admitted as such:
       | 
       | >Bryant did not sue after the articles were published in April
       | 2022, and, in fact, the statute of limitations on defamation
       | claims in Mississippi lapses after one year. But in February
       | 2023, the CEO of Mississippi Today, Mary Margaret White,
       | mischaracterized the reporting at a journalism conference in
       | Miami.
       | 
       | >"We're the newsroom that broke the story about $77 million in
       | welfare funds, intended for the poorest people in the poorest
       | state in the nation, being embezzled by a former governor and his
       | bureaucratic cronies and used on pet projects like a state-of-
       | the-art volleyball stadium at Brett Favre's alma mater," she said
       | in videotaped remarks.
       | 
       | >Embezzlement is a crime, and Bryant has never been charged, let
       | alone convicted. There has been no indication he is a target of
       | an ongoing federal investigation into the welfare fraud scandal.
       | 
       | >In May 2023 -- a few days after the Pulitzer announcement --
       | Quin sent Mississippi Today a notice of his intention to sue,
       | citing the "embezzlement" remark. A week later, White issued a
       | public apology, saying: "I misspoke at a recent media conference
       | regarding the accusations against former Governor Phil Bryant in
       | the $77 million welfare scandal. He has not been charged with any
       | crime. My remark was inappropriate, and I sincerely apologize."
       | 
       | For what it's worth, the former governor and his lawyer weren't
       | satisfied with the apology and went forward with their lawsuit.
       | 
       | I see two sides to this. It's critical that journalistic sources
       | be held in confidence, but it's also critical to guarantee
       | presumption of innocence until proven guilty and that journalists
       | don't abuse their position to spread slander.
       | 
       | That their entire investigation is now getting pulled in
       | demonstrates just how stupid that CEO journalist was.
        
         | ciabattabread wrote:
         | If only she had said "being embezzled by a former governor['s]
         | bureaucratic cronies".
        
         | newprint wrote:
         | former Governor Phil Bryant signed docs to allocate those
         | funds. Plain and simple. He claims ignorance. It wasn't a
         | pocket change, he should have been aware of what he was signing
         | and where those funds came from. It is plain corruption and he
         | is trying to get back at the journalists for exposing his
         | corruption.
        
         | redleggedfrog wrote:
         | "Embezzlement is a crime, and Bryant has never been charged,
         | let alone convicted. There has been no indication he is a
         | target of an ongoing federal investigation into the welfare
         | fraud scandal."
         | 
         | I see no need for an apology and no merit for any lawsuit. Each
         | part of those sentences is a factual statement. No where is it
         | said, "Then Governor Phil Bryant is an embezzler." Bryant is
         | making his own assumptions there, because he knows what he did.
         | 
         | Wikipedia says, "The previous director of Mississippi's welfare
         | agency, John Davis, who admitted to being involved and is
         | currently working with authorities, was appointed by Phil
         | Bryant. An attorney said, "John Davis knows of the extent of
         | personal involvement of former Governor Bryant and Governor
         | (Tate) Reeves and the massive waste of taxpayer money," but
         | said that _Davis was under direction from the FBI to remain
         | silent._ " (my emphasis)
         | 
         | Sounds like someone at the FBI is working the case. Could be
         | some FPMITA prison in Bryant's future.
        
         | simonw wrote:
         | It's important to note that the Pulitzer winning journalist
         | isn't being accused of defamation here.
         | 
         | She's facing jail time because the defamation case resulted in
         | a court order to see information about her confidential sources
         | (presumably via the discovery process). Reputable journalists
         | don't hand over details about their confidential sources.
        
       | aniviacat wrote:
       | > Bryant did not sue after the articles were published in April
       | 2022, and, in fact, the statute of limitations on defamation
       | claims in Mississippi lapses after one year. But in February
       | 2023, the CEO of Mississippi Today, Mary Margaret White,
       | mischaracterized the reporting at a journalism conference in
       | Miami.
       | 
       | > In May 2023 -- a few days after the Pulitzer announcement --
       | Quin sent Mississippi Today a notice of his intention to sue,
       | citing the "embezzlement" remark.
       | 
       | Why are the journalists in trouble if the lawsuit is about
       | something the CEO said?
        
         | Dalewyn wrote:
         | The lawsuit is demanding to see the sources to prove that the
         | former governor did not embezzle as was claimed by the CEO.
         | 
         | The sources are held by the journalists.
         | 
         | The journalists will face prison if they do not comply with the
         | court order to turn over their sources.
        
           | echohack5 wrote:
           | And the journalists know if they reveal their sources that
           | the people behind them will subsequently have their lives
           | destroyed by the powerful.
        
           | rdtsc wrote:
           | But why sue the journalists and not the CEO only? She made
           | the remarks. Why are other journalists who didn't make the
           | remarks afraid of going to jail: "If one of us goes to jail,
           | we will be the first person to go to jail in the Mississippi
           | welfare scandal"?
           | 
           | I guess the key here is the he wants to show that it was done
           | with malice. It seems, unlike in other
           | countries/jurisdictions, a defamation lawsuit requires
           | proving malice. So one way to prove it would be to show that
           | whatever sources the journalists had definitely did not
           | indicate the governor was embezzling, but the CEO claimed he
           | did. Therefore, she did it with malice? It's quite
           | complicated to follow.
           | 
           | So what gives, does the governor feel pretty confident he is
           | innocent and sources won't show anything? What if he sources
           | reveal he did embezzle? Or, does he know the source materials
           | already, and what's in them, if someone leaked them to him or
           | his lawyers, and now he wants to open them up in a legal way
           | to be used as evidence. Can't say, "we found outside the
           | court house, they feel of the truck".
        
             | Dalewyn wrote:
             | >But why sue the journalists
             | 
             | They are not being sued as far as I can tell. The lawsuit
             | is against the CEO and her company (Mississippi Today), but
             | the court has ordered the sources to be turned over and
             | _that_ is held by the journalists who face prison if they
             | do not comply with the court.
             | 
             | >So one way to prove it would be to show that whatever
             | sources the journalists had definitely did not indicate the
             | governor was embezzling, but the CEO claimed he did.
             | Therefore, she did it with malice? It's quite complicated
             | to follow.
             | 
             | Knowingly lying can arguably be an act of malice,
             | especially if your job description is about reporting the
             | facts. Thus the demand to see the sources, which given the
             | argument isn't entirely unreasonable but obviously
             | conflicts with keeping sources in confidence.
             | 
             | We'll see what the higher courts say, I guess.
        
       | newprint wrote:
       | I saw the interview with the former official who filed the
       | lawsuit. He claims that he is not doing this in spite, but only
       | because his name been dragged into it. He signed the funding !!!
        
       | OutOfHere wrote:
       | What we need is a p2p blockchain which can accumulate leaked
       | documents. To add docs to it would require the whistleblowers to
       | first earning enough credits by adding nodes to the network.
       | Journalists can similarly add nodes to the network to earn
       | credits which they can choose to transfer to potential
       | whistleblowers, anonymously using Monero-like or comparable tech.
       | Surely there would exist a fiat valuation of the credits too, but
       | that's secondary. When forced to reveal sources, journalists then
       | point to the chain.
       | 
       | As a specialty, if any c.p. or other garbage is added to the
       | chain, it would be possible to rescind the affected files by a
       | three-quarters hypermajority. A proof of non-rescinded
       | submissions could be required for such special voting rights.
        
       | vlovich123 wrote:
       | So former Governor Phil Bryant is claiming that the claim by the
       | CEO of the paper that he embezzled (the CEO has since apologized
       | for the error) was due to malice. What I fail to understand
       | though is how the identity of the sources demonstrates said
       | malice. Moreover, there's a lot more here:
       | 
       | > [Nancy] New said that at a 2019 Christmas party, Bryant talked
       | about Jake Vanlandingham, founder of the Florida-based biotech
       | company Prevacus. "Governor Bryant got excited and told me that
       | Jake had offered him 'half the company,' which I understood to
       | mean a substantial amount of stock, but the Governor said he was
       | going to have to wait until he was out of office to accept," New
       | wrote.
       | 
       | If you might recall, Brett Favre was paid $1M in speaking fees
       | but never actually did any speeches and he advocated for
       | government funds to be used to build a volleyball stadium at USM.
       | 
       | I really think the simplest defense here will be to just show
       | that Bryant was complicit in the embezzlement just because it
       | seems more likely than not:
       | 
       | > Bryant was governor from 2013 to 2020 and chose John Davis as
       | director of the state Department of Human Services. Davis pleaded
       | guilty in September 2022 to state and federal charges in a
       | conspiracy to misspend tens of millions of dollars that were
       | intended to help needy families in one of the poorest states in
       | the U.S.
       | 
       | > Favre had publicly said he supported the Prevacus effort to
       | develop a concussion drug, and the state's civil lawsuit says
       | Favre invested more than $250,000 in the Florida-based company.
       | 
       | > "After the meeting, I asked John why he had committed so much
       | funding so quickly," New said in the court filing. "John said he
       | had spoken with Governor Bryant and the Governor wanted Prevacus
       | funded. John said the Governor was 'all about this happening.'"
       | 
       | Now to be clear I'm not saying the governor is guilty of
       | embezzlement. I'm just saying that it seems like everyone that he
       | surrounded himself with seems to have been caught doing shady
       | shit stealing from welfare funds & denying 90% of applicants to
       | these programs. Since the former Governor makes Christianity a
       | core part of his identity, might I remind him 1st Corinthians
       | 15:33 "Bad company ruins good morals". And if I were the
       | prosecutors, I'd make real sure there's no case at all against
       | the governor cause it seems like there's some smoke there that
       | can be fanned into a fire.
       | 
       | [1]
       | https://www.clarionledger.com/story/news/2024/02/29/mississi...
        
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       (page generated 2024-07-09 23:02 UTC)