We live in polarized times, but one thing still seems to be shared across the political divide: sexual misconduct. As Ronan Farrow documents in his absorbing new book, “Catch and Kill,” mistreating women is a bipartisan enterprise.
This can make for some twisted alliances. Farrow describes how he put together his explosive 2017 exposé of numerous sexual assault and harassment allegations against the Hollywood producer Harvey Weinstein, a longtime Democratic fund-raiser and “part of the brain trust around Hillary Clinton.” (Farrow’s article ran in The New Yorker in October 2017, five days after Jodi Kantor and Megan Twohey of The Times published their article detailing harassment allegations against Weinstein.)
Farrow quotes gleeful emails between Weinstein and Dylan Howard, the editor of The National Enquirer, whose parent company, American Media Inc., was run by David Pecker, a staunch supporter of Donald J. Trump’s. Howard forwarded Weinstein some “dirt” on the actor Rose McGowan, who had tweeted the month before about “my rapist,” whom she didn’t name. “This is the killer,” Weinstein wrote. “Especially if my fingerprints r not on this.”
“Catch and Kill” gets its title from a tabloid practice that A.M.I. had honed over the years: purchasing a story in order to bury it. A.M.I.’s strategy is an essential part of this book’s narrative, but what Farrow suggests is that NBC News, which employed him at the time, did something with the Weinstein story that wasn’t entirely dissimilar. Instead of hush money, Farrow says, NBC officials used the institutional levers at their disposal to shut down his work on Weinstein — from intermittent discouragement to elaborate stonewalling to a legal review that turned out to be both labyrinthine and absurd.
They even ordered Farrow and his steadfast producer, Rich McHugh, to take the rather extraordinary step of halting their reporting; then, when Farrow’s article ran in The New Yorker, NBC released a statement saying that the reporting NBC officials saw (and that Farrow says they tried to impede) had not been up to snuff.
Farrow documents the bafflement and frustration he felt as he and McHugh devised strategies to continue with their news gathering. Getting women to talk on the record about sexual trauma is exceedingly difficult, requiring delicate negotiations and an enormous amount of trust. When NBC ordered Farrow to stop his interviews, he was put in the position of trying to reassure his nervous sources while his employer wasn’t reassuring him at all.
In “Catch and Kill,” Farrow talks candidly about his relationship with his adopted sister Dylan, who has long said that their father, Woody Allen, molested her when she was a child. Making his way to a hard-won interview with McGowan, Ronan — who feels guilty for asking Dylan years ago why she couldn’t “move on” — asked his sister’s advice for how to talk to someone who’s “accusing a very powerful person of a very serious crime.”
“Well, this is the worst part,” Dylan told him. “The considering. The waiting for the story.” She continued: “If you get this, don’t let it go, O.K.?”
He didn’t let it go, though there were plenty of people who tried to pry him loose. In addition to the “all white, all male” chain of command at NBC, there was Weinstein himself, waging a war on all fronts.Part of the book is about Black Cube, the mysterious Israeli firm that Weinstein’s team hired to conduct intelligence work, like compile dossiers on journalists (Kantor and Twohey’s recent book, “She Said,” recounts their experiences with the firm, too). Farrow learned about Black Cube when he started to receive leaks from two different sources. A Nissan Pathfinder he kept seeing in front of his home turned out to be a tail. He received multiple barrages of spam texts; he later learned that the texts were possibly connected to attempts to track his cellphone.
But Weinstein also cultivated an inside line to NBC itself. He would bark out the names of NBC’s top brass so that his assistants would get them on the phone and he could start cajoling and bullying. At a Time magazine gala, Farrow learned that Noah Oppenheim, the president of NBC News, was sitting at a table with Weinstein.
In the book, the warning signs about Oppenheim start out small but ominous. Presented at one point with a considerable list of Farrow’s findings, including a recording of Weinstein admitting to groping women against their will, Oppenheim wasn’t entirely convinced. “I don’t know if that’s, you know, a crime,” he told Farrow. “We’ve gotta decide if it’s newsworthy.” (Farrow gets some sweet revenge by depicting Oppenheim as a slick yet pitiable figure; a running joke in “Catch and Kill” is how nobody likes the film “Jackie,” a “morose biopic” about John F. Kennedy’s widow that Oppenheim wrote.)
It became clear to Farrow that NBC’s chain of command was nervous about the story for reasons other than an excess of journalistic caution. He learned that the network had brokered at least seven nondisclosure agreements with women who brought complaints of discrimination or harassment at NBC. Weinstein might have known something about this too. In a phone call to Andy Lack, the chairman of NBC News, Weinstein griped that “your boy Ronan” was digging up stuff from “the ’90s” and added: “We all did that.”
One of the biggest revelations in “Catch and Kill,” revealed toward the end, is that a former NBC employee named Brooke Nevils says that the former NBC anchor Matt Lauer raped her, forcing her to have anal sex despite her repeated protestations that she didn’t want to. Nevils describes what happened in exacting, upsetting detail. “When she woke up,” Farrow writes, “blood was everywhere, soaked through her underwear, soaked through her sheets.”
Nevils, like some of the other women Farrow spoke to, continued to have sexual encounters with the man she says assaulted her. She says she was frightened for her career; Lauer maintains that their relationship was “consensual.” She told Farrow that after one encounter in Lauer’s office when he demanded that she give him oral sex, she asked him, “Why do you do this?” and he replied, “Because it’s fun.”
“Catch and Kill” is mainly about these women’s stories, and the dueling efforts to suppress them and to bring them to light, though Farrow knows how to leaven the narrative, slipping in scenes of the occasional domestic squabble between him and his partner, the former Obama speechwriter Jon Lovett, as well as offering some necessary comic relief. Farrow can be disarmingly wry — “I knew my way around a paternity rumor” — even when writing about another shadowy psyops firm spying on him and other journalists. He got his hands on a document that included observations about journalists’ Twitter followers. “Kantor is NOT following Ronan Farrow,” it said, to which he responds in this book: “You can’t have everything.”
It’s a lesson that Weinstein, accustomed to having it all, never seemed to learn. Farrow describes several fact-checking phone calls with Weinstein in the days before The New Yorker published the article. The petulant producer was incredulous that the recording of him admitting to groping women still existed; he had long believed his lawyers had arranged an agreement with the district attorney’s office that the tape, made during a police sting, would be “destroyed.” (Spokespeople for the district attorney’s office later told Farrow “they never agreed to destroy evidence,” though when he asked a contact there about the tape during the course of his reporting, the person found it referenced in the case files but couldn’t find it.)
The behavior documented in “Catch and Kill” is obviously and profoundly distressing — not just the horrific abuse, but the various methods available to moneyed men who want to keep women silent, and the many ways they try to rationalize their behavior to others and themselves.
But there are some hopeful threads, too.
The first has to do, strangely enough, with the fury with which Weinstein tried to stop the journalists following the story; his extreme measures indicated that he knew there were institutions with sufficient power to hold him to account.
The second has to do with how some of the people Weinstein tried to enlist in his efforts turned into conscientious objectors and helped the other side. One of those turncoats was “Sleeper,” who supplied Farrow with incriminating documents about Weinstein and Black Cube. Farrow can’t tell us much about this source, but he does tell us this: “She was a woman and she’d had enough.”
The 2017 document, titled “The Echo Chamber,” accused former Obama officials of undermining the incoming Administration.
In early 2017, some of Donald Trump’s advisers concluded that they faced a sophisticated threat responsible for “coordinated attacks” on the new Administration. They circulated a memo, titled “The Echo Chamber,” which read like a U.S. military-intelligence officer’s analysis of a foreign-insurgent network. Instead of being about enemies in a distant war zone, however, the network described in the memo consisted of former aides to President Barack Obama.
The memo claimed that the “communications infrastructure” that the Obama White House used to “sell Obamacare and the Iran Deal to the public” had been moved to the private sector, now that the former aides were out of government. It called the network the Echo Chamber and accused its members of mounting a coördinated effort “to undermine President Trump’s foreign policy” through organized attacks in the press against Trump and his advisers. “These are the Obama loyalists who are probably among those coordinating the daily/weekly battle rhythm,” the memo said, adding that they likely operated a “virtual war room.” The memo lists Ben Rhodes, a former deputy national-security adviser to President Obama, as “likely the brain behind this operation” and Colin Kahl, Vice-President Joe Biden’s former national-security adviser, as its “likely ops chief.”
.. officials said that it was circulated within the National Security Council and other parts of the Trump White House in early 2017.
.. Some of the same conspiracy theories expressed in the memo appear in internal documents from an Israeli private-intelligence firm that mounted a covert effort to collect damaging information about aides to President Obama who had advocated for the Iran deal.
.. In May, 2017, that firm, Black Cube, provided its operatives with instructions and other briefing materials that included the same ideas and names discussed in the memo
.. A source familiar with the operation has maintained that the investigation of Rhodes and Kahl was part of Black Cube’s work for a private-sector client in the shipping industry, pursuing commercial interests.
.. Conspiracy theories of this kind appear to have thrived in the Trump White House, which was divided into factions that often used media leaks to undermine their rivals and compete for influence with the President.
.. In private meetings, Bannon’s allies in the power struggle, some of whom had military backgrounds, said they were eager to fight back.
.. The firm compiled a list of nine reporters and commentators it claimed were part of the Echo Chamber, including
- The Atlantic’s Jeffrey Goldberg,
- the New York Times’ Max Fisher, and
- NBC News’s Andrea Mitchell.
.. Both the memo and Black Cube documents reference attacks in the press on Sebastian Gorka
.. In a section titled “Gorka Allegations,” the Black Cube documents reference allegations that he was anti-Semitic and affiliated with Nazi groups, which Rhodes mentioned in a tweet on one occasion.
.. Jake Sullivan, a former adviser to Hillary Clinton and Joe Biden, is identified as one of the leaders of the Echo Chamber. The former Obama Administration officials Tommy Vietor, Ned Price, Jon Favreau, Jon Finer, and Dan Pfeiffer are all listed as “likely operations officers.”
Alleged activities involving multiple companies put focus on investigative firm Black Cube
Ms. Pechanac served as a lieutenant in the Israeli Air Force and later studied acting and government, according to an online biography and other postings. She speaks Serbo-Croatian, Hebrew, English and conversational Spanish, the biography says.
.. She was born in Sarajevo, Bosnia. In 1994, her family was brought to Israel as refugees amid the Bosnian civil war.
They were welcomed in Israel because Ms. Pechanac’s maternal grandparents had sheltered Jews during the Nazi occupation. Ms. Pechanac’s mother, who was Muslim, converted to Judaism along with the rest of the family, the Yad Vashem site says.
.. Ben Wallace, a writer who had been researching an article on the film executive, said he was approached late last year by a woman claiming to be a former mistress of Mr. Weinstein’s named “Anna” looking for revenge. He has identified her as Ms. Pechanac.
.. During one meeting, Mr. Wallace recalls, “Anna” was “welling up with emotion, but it didn’t ring true.” He adds: “It makes sense she went into private investigating, not acting, because I found her acting skills not stellar.”
Did the superstar lawyer cross ethical lines in his representation of Harvey Weinstein?
“Lawyers are not permitted to engage in dishonesty or deceit,” Kathleen Clark, a Washington University law professor who specializes in legal ethics, told me. “Black Cube seems to make its living by engaging in dishonesty and deceit, at least in part.”
.. he hired several other lawyers to represent him,” he wrote. Those lawyers then sought out Black Cube and other investigators and wrote up a contract for their services. Boies, by his own telling, then returned to sign a contract drafted by other lawyers between a client he wasn’t representing and private investigators he didn’t choose or oversee in a matter he says he had declined to take part.
.. He and his firm have a long relationship with Weinstein. In 2015, the Hollywood producer hired Boies to represent him in contract negotiations with the Weinstein Company
.. During those negotiations, the company’s board of directors learned of confidential settlements between Weinstein and three or four accusers. Boies told the Times he had given some legal advice to Weinstein for one of those settlements but did not specify which.
.. The New Yorker speculated that Boies’s involvement with the Black Cube letter may have been an effort to keep secret the investigators’ activities through attorney-client privilege. But that privilege would only exist between Weinstein and Boies, not between Boies and a third party, Clark said. “There’s another privilege that’s less powerful called work-product privilege, which can apply if information is developed in anticipation of litigation,” she explained. The first paragraph of the contract between Boies Schiller and Black Cube asserts that the work was for “litigation-support services,”
.. Stephen Gillers, a New York University law professor who focuses on legal ethics, said it’s not unusual for law firms to hire private investigators, especially for corporations and wealthy clients. But he noted that firms are obligated to ensure those investigators abide by the same ethical boundaries as the lawyers themselves. “Most prominently, a lawyer cannot contact an opposing client whom he knows is represented by counsel,” Gillers pointed out. “You can’t go talk to an opponent. You have to go through his lawyer.”.. The New York State Bar Association’s rules of professional conduct instruct lawyers and law firms to “[not] engage in any conduct involving dishonesty, fraud, deceit, or misrepresentation.” Those rules also forbid lawyers from taking adverse action against a current client by negotiating against them or representing an opponent in litigation. But state disciplinary bodies, which are often underfunded, typically only enforce these rules against the worst offenders in the legal community, Gillers said... law firms usually try to avoid conflict-of-interest situations because of the potential financial impact... The fear of lawsuits also acts as a deterrent. “Firms worry about civil liability, malpractice liability, breach-of-fiduciary-duty liability, they worry about disqualification from a matter,” Gillers said. “And they worry about adverse publicity.”