Last Monday CBS News showed Ken Starr, a hero to much of the Right, saying, in apparent response to a question about Senator Frist’s plan to prohibit filibusters of judicial nominees, that it would be “radical, radical departure from our history and our traditions, and it amounts to an assault on the judicial branch of government”. When I saw that quote, I was surprised by its vehemence but not by the sentiment. Many conservatives regard the filibuster as an important safeguard of limited government, and some fear that barring it for nominations of judges will lead ineluctably to its total demise.
Now we learn that Judge Starr did not, by his own account, take that position at all.
I sat on Saturday with Gloria Borger for 20 minutes approximately, had a wide ranging, on-camera discussion. In the piece that I have now seen, and which I gather has been lavishly quoted, CBS employed two snippets. The “radical departure from our history” snippet was specifically addressed to the practice of invoking judicial philosophy as a grounds for voting against a qualified nominee of integrity and experience. I said in sharp language that that practice was wrong. [emphasis added]
So, unless Judge Starr is lying as bold-facedly as Bill Clinton ever did, CBS News attached his answer to a different question in order to attribute to him a position that he does not hold. Perhaps there is an innocent explanation, though I can’t think of one off-hand. It certainly looks like the network of Rathergate fame has again engaged in forgery to promote the Democratic Party’s side of an important national debate. If that isn’t the case, it should release the complete, unedited interview, so that we can see for ourselves what Judge Starr said.
Assuming that matters are as they appear to be, this incident exudes the arrogance of power. Did CBS think that it could claim Ken Starr as a filibuster supporter without his noticing? Surely not. It must, then, have assumed that it could lie without consequences, that the denial would never overtake the falsehood.
I can think of no reason why anyone who values honesty should ever again watch a minute of CBS. Delendum est!
The Starr misquote seems to me to fit even the standards of libel for public figures: it is malicious. I don't know if it's harmful enough to win damages in a lawsuit, but it would be nice to see it happen.
Posted by: Eric Rasmusen | Saturday, May 14, 2005 at 02:12 PM