NY Observer: The CBS Three Won’t Slink Off; Hiring Lawyers

Reputation is an important thing...

Maybe these folks should have thought about it before airing questionable materials that couldn't be authenticated definitively.

Mr. Howard and two other ousted CBS staffers—his top deputy, Mary Murphy, and CBS News senior vice president Betsy West—haven’t resigned. And sources close to Mr. Howard said that before any resignation comes, the 23-year CBS News veteran is demanding that the network retract Mr. Moonves’ remarks, correct its official story line and ultimately clear his name.

Mr. Howard, those sources said, has hired a lawyer to develop a breach-of-contract suit against the network. Ms. Murphy and Ms. West have likewise hired litigators, according to associates of theirs, and all three remain CBS employees and collect weekly salaries from the company that asked them to tender their resignations.

None would agree to participate in this article.

Legally, CBS and the ousted staffers are in an unusual stalemate: The network cannot be sued for breach of contract unless it actually fires them. Theoretically, the network could refuse to offer an apology or correct statements and simply drag its feet, continuing to write paychecks to the trio until their contracts expire. (Neither side would discuss how long the contracts are scheduled to last.)

But Mr. Howard’s complaint about Mr. Moonves’ remarks could pose a serious problem for CBS. Sources close to Mr. Howard said he believes that the report—which was assembled by an outside team of former Attorney General Richard Thornburgh and former Associated Press head Louis Boccardi Jr.—contradicts Mr. Moonves’ statement about Mr. Howard’s share of the blame.

Mr. Howard also believes, those sources said, that the report itself excludes evidence that would implicate top management at CBS and restore Mr. Howard’s reputation in the television news business.

It's funny that Howard is concerned about his reputation being dragged through the mud as a result of being named and told to resign as a result of Rathergate. Perhaps he should have made sure that their reputations weren't tarred by doing all the proper checks on the stories before they ran. Howard is probably right that he's being used as a fall-guy to protect those higher up the food chain at CBS, not to mention Dan Rather, and his claims appear persuasive.