No thank you, Mr. Pecker

Something unusual happened to me yesterday. Actually, for me it wasn’t just unusual — it was a first. I was made an offer I couldn’t refuse. Or at least that’s what the top people at the National Enquirer thought. I’m glad they thought that, because it emboldened them to put it all in writing. Rather than capitulate to extortion and blackmail, I’ve decided to publish exactly what they sent me, despite the personal cost and embarrassment they threaten.

AMI, the owner of the National Enquirer, led by David Pecker, recently entered into an immunity deal with the Department of Justice related to their role in the so-called “Catch and Kill” process on behalf of President Trump and his election campaign. Mr. Pecker and his company have also been investigated for various actions they’ve taken on behalf of the Saudi Government.

“After Mr. Trump became president, he rewarded Mr. Pecker’s loyalty with a White House dinner to which the media executive brought a guest with important ties to the royals in Saudi Arabia. At the time, Mr. Pecker was pursuing business there while also hunting for financing for acquisitions…”

Here’s a piece of context: My ownership of the Washington Post is a complexifier for me. It’s unavoidable that certain powerful people who experience Washington Post news coverage will wrongly conclude I am their enemy.

President Trump is one of those people, obvious by his many tweets. Also, The Post’s essential and unrelenting coverage of the murder of its columnist Jamal Khashoggi is undoubtedly unpopular in certain circles.

.. Back to the story: Several days ago, an AMI leader advised us that Mr. Pecker is “apoplectic” about our investigation. For reasons still to be better understood, the Saudi angle seems to hit a particularly sensitive nerve.

.. In the AMI letters I’m making public, you will see the precise details of their extortionate proposal: They will publish the personal photos unless Gavin de Becker and I make the specific false public statement to the press that we “have no knowledge or basis for suggesting that AMI’s coverage was politically motivated or influenced by political forces.”

If we do not agree to affirmatively publicize that specific lie, they say they’ll publish the photos, and quickly. And there’s an associated threat: They’ll keep the photos on hand and publish them in the future if we ever deviate from that lie.

Be assured, no real journalists ever propose anything like what is happening here: I will not report embarrassing information about you if you do X for me. And if you don’t do X quickly, I will report the embarrassing information.

.. These communications cement AMI’s long-earned reputation for weaponizing journalistic privileges, hiding behind important protections, and ignoring the tenets and purpose of true journalism.

Amazon CEO Jeff Bezos accuses National Enquirer of extortion over intimate photos

Amazon chief executive Jeffrey P. Bezos said Thursday that he was the target of an extortion and blackmail effort by the National Enquirer, which he accused of threatening to publish intimate pictures of him unless he backed off an investigation of the tabloid.

In an extraordinary post to the online publishing platform Medium, Bezos said the Enquirer and its parent company, American Media Inc., made the threat after he began investigating how the tabloid obtained text messages that revealed his relationship with former TV anchor Lauren Sanchez.

Bezos, who owns The Washington Post, wrote that the Enquirer wanted him to make a false public statement that he and his security consultant, Gavin de Becker, “have no knowledge or basis for suggesting that AMI’s coverage was politically motivated or influenced by political forces.”

Bezos declined to do so.

Instead, he published what he said were emails from Enquirer executives to a lawyer representing de Becker. In one, top Enquirer editor Dylan Howard appears to suggest that the tabloid would publish a series of salacious photos of Bezos and one of Sanchez if AMI’s terms weren’t met.

“I wanted to describe to you the photos obtained during our newsgathering,” Howard wrote, going on to say that the Enquirer had a “below the belt selfie” of Bezos, among other shots. Howard added, “It would give no editor pleasure to send this email. I hope common sense can prevail — and quickly.”

Bezos noted that the email “got my attention,” but said that “any personal embarrassment AMI could cause me takes a back seat because there’s a much more important matter involved here. If in my position I can’t stand up to this kind of extortion, how many people can?”

.. On Feb. 5, The Post reported that Bezos and de Becker suspected that the source of the text and photo leaks may have been Sanchez’s brother, Michael, a California public relations executive who is close to Pecker and various figures in Trump’s orbit, including former campaign advisers Roger Stone and Carter Page. Michael Sanchez denied any involvement in revealing his sister’s relationship with Bezos.

The Post reported that Sanchez said he was told by multiple people at AMI that the Enquirer set out to do “a takedown to make Trump happy.”

.. “Rather than capitulate to extortion and blackmail, I’ve decided to publish exactly what they sent me, despite the personal cost and embarrassment they threaten,”

.. “This could constitute criminal conduct in the eyes of a prosecutor, if these allegations are true,” said Mintz. “For prosecutors, your worst nightmare is watching a cooperation deal unravel. Alleged conduct like this puts them in the position to rethink that deal and potentially turn around and have to prosecute AMI, and that undermines their ability to continue to use them to assist other ongoing investigations.”

.. Bezos said in his Medium post that the tabloid threatened to keep the photos on hand and publish them in the future “if we ever deviate from [the] lie” that politics played no role in the Enquirer’s pursuit of Bezos’s relationship with Lauren Sanchez.

.. The Enquirer has said that it obtained the texts and photos lawfully, and that it had the right to publish the material under the “fair use” doctrine of copyright law. It also said the photos were newsworthy, given Bezos’s prominence.

But as Bezos began to investigate the leak, the tabloid’s parent disputed any suggestion that its story was politically motivated. The company “emphatically rejects any assertion that its reporting was instigated, dictated or influenced in any manner by external forces, political or otherwise,” Fine wrote in an email to de Becker’s lawyer, Martin Singer, which Bezos shared. “Simply put, this was and is a news story.”

Ted Boutrous, a veteran lawyer who briefly represented McDougal in a dispute with the Enquirer, said the emails Bezos described in his post are “a textbook example of blackmail and extortion. It’s ripped right out of the law books.”

He added, “At an extreme level, this shows how frightening it should be to the citizens of the United States that the National Enquirer reportedly has a safe full of information about the president of the United States. That’s one of the dangers to democracy of what they were engaged in when they were catching and killing information they could have used against Candidate Trump and now President Trump. . . . It’s a shocking and frightening thing Mr. Bezos has revealed.”

U.S. Can Destroy Huawei

Catch-up is how economists explain the success of China and other fast-growing developing economies. Not having to invent the wheel, the microchip or the theory of continuous improvement is a distinct advantage over having to invent them.

This is not a small part of the Huawei story. Its rise in 32 years to be the world’s largest telecom-equipment manufacturer and the second largest maker of smartphones is a story of catch-up—of learning from the West, but also stealing from the West. Or to put it more politely, Huawei has taken advantage of the fact that Beijing is not interested in enforcing the intellectual-property rights of foreigners under Chinese law.

An early Huawei router design was shown to have been filched from Cisco, right down to copying the typos in the instruction manual. This week a U.S. criminal indictment piggybacking on a successful private lawsuit by T-Mobile shows persuasively that Huawei stole the design of a robot, known as Tappy, for testing the durability of cell phones.

Nobody in his right mind thinks these episodes are exceptions. Nobody even needed these episodes to suspect that Huawei’s spectacular success has not been the product entirely of its own ingenuity and hard work (though these have been considerable). U.S. and other Western companies also vigorously “learn” from each other right up to the limit prescribed by our patent laws. In China, there is no limit. Stealing is regarded as a national development strategy and patriotic duty. The U.S. indictment alleges that Huawei even offered bonuses to employees who successfully purloined a competitor’s trade secrets.

This might seem clever, but it points to a problem for China’s own development—and not only because it antagonizes trade partners. China wants higher-order technology and investment from the West. It won’t come if trade secrets aren’t honored and enforced. China’s own firms cannot develop to their potential, at home or globally, if their own intellectual property isn’t secure even as they are distrusted abroad as agents of Chinese spying.

Which brings us to the growing tranche of U.S. legal actions directed at Huawei. We might prefer that prosecution of its chief financial officer, Meng Wanzhou, now awaiting extradition from Canada, were over something other than violating U.S. sanctions on Iran. But the U.S. is nonetheless positioning itself to destroy China’s shiniest success story, as it almost did ZTE until Donald Trump relented in a last-minute olive branch to Xi Jinping.

If Ms. Meng is extradited and convicted, she can be given a stiff prison sentence. The U.S can impose heavy fines on her company for sanctions-busting as well as for unrelated technology convictions. The long arm of U.S. law can seize Huawei assets and threaten key employees—including founder and CEO Ren Zhengfei—with arrest if they set foot outside China. Washington can turn up the pressure on other nations to exclude Huawei equipment from their networks. Perhaps most damaging, it can stanch Huawei’s access to still-vital U.S. building-block technologies.

In U.S. Trade Representative Robert Lighthizer, Mr. Trump has a general who probably would be happy to command such a war. Mr. Xi’s government might respond by stirring up patriotic froth in China’s media. Beijing might start seizing U.S. businesspeople as hostages, as it already has done Canadian businesspeople in apparent response to the Meng extradition fight. If so, look out below.

The Trump administration tends to exaggerate how much U.S. prosperity and security depend on getting tough over China’s trade practices. Our national strength is overwhelmingly made at home.

On the other hand, if China wants to go down this road, it might as well unfurl a banner declaring itself North Korea writ huge—a country that intends to thumb its nose at international norms, a pirate nation living by blackmail and theft. Six years ago this column was spanked by foreign-policy types for saying a tad too bluntly that stealing was an activity that “unites the private and public selves of Chinese officials.” But it’s true. For the sake of its own development, China needs to start separating business from the state, and holding its companies to some cognizable standard of lawfulness.

So here’s a question: Do you trust both sides to manage this conflict? Washington should be able to mete out technology sanctions, arguably necessary to protect U.S. security and military advantage, without throwing the entire economic relationship out the window. It can uphold our laws and prosecute Huawei for clear violations without trying to bury China’s entire output of exported iPhones, coat hangers and flat-screen TVs in tariffs.

For its part, getting into a full-scale economic war over practices that Beijing knows are indefensible and need to change would be an exceedingly poor decision by China’s maximum leader, Mr. Xi. Unfortunately, poor decisions have been a métier, off and on, of China’s Communist Party over the past 70 years.

We should not kid ourselves about the risks. Not all risks can or should be avoided, however.

Putting the Roger Stone Indictment in Context

Stone is hardly a Bond villain come to life, but the allegations against him are one part of a bigger picture that doesn’t reflect well on the Trump campaign.

.. I posited a different theory: The Trump campaign wasn’t a collection of criminal masterminds — would masterminds rely on the likes of Stone and Corsi to conduct international espionage? — but an ad-hoc mix of comically inept crooks and grifters who were seeking to gain any advantage they could and have spent the years since lying to cover their tracks.

.. The Stone indictment advances my theory considerably. He is not alleged to have established any kind of ongoing, close working relationship with Julian Assange. Instead, he used intermediaries to squeeze out bits and pieces of information from WikiLeaks. He allegedly shared some of that information with the campaign, and then — when the special counsel’s investigation started — appears to have engaged in some of the most inept lying and witness intimidation I’ve ever seen. He denied the existence of documents that he should have known investigators would possess, and his threats to witnesses were almost cartoonish. In one paragraph, the indictment alleges he referred to a plan inspired by the movie Godfather II. In another paragraph, the indictment alleges that he threatened a witness’s dog.

..A combination of special-counsel indictments, guilty pleas, and reproduced emails has now shown that, despite their insistent, repeated denials of contact with Russians, Trump-campaign officials (including the campaign chair and the candidate’s son and son-in-law) were eager to meet with Russians to obtain damaging information on Hillary Clinton, were asking Roger Stone to connect with WikiLeaks — a reputed Russian asset — for information about its data dumps, and shared polling data with another reputed Russian asset. What’s more, we now know that Trump’s real-estate business continued to discuss a significant development deal in Moscow with Russians (including a Kremlin official) deep into the 2016 campaign.