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...Westmoreland's side marshals some facts and figures...

Author: /time Magazine | Title: Press: Days of Judgment for CBS | 10/29/1984 | See Source »

Walt Rostow, an archetype of the best and the brightest, spoke slowly and carefully, recalling in vivid detail a meeting that took place in April 1967. General William Westmoreland, then commander of U.S. armed forces in Viet Nam, had asked for 200,000 more troops. President Lyndon Johnson and top aides pressed for a date by which the American forces would win. As jurors in a Manhattan federal courtroom listened intently, the former National Security Adviser said he had no recollection of Westmoreland's having offered misleadingly hopeful "good news." The exchange was subdued but freighted with drama. This...

Author: /time Magazine | Title: Press: Days of Judgment for CBS | 10/29/1984 | See Source »

...Westmoreland's suit has aroused expectations of a definitive judgment on issues ranging from the adversary role of the press to the apportionment of blame for the U.S. failure in Viet Nam. Federal District Judge Pierre Leval, however, emphasized to jurors last week that they will be asked to decide specific matters of fact. A "historical inquiry," Leval warned, could last a lifetime. Instead, the focus is on what CBS alleged in its 1982 documentary The Uncounted Enemy: that Westmoreland engaged in "a conspiracy at the highest levels of military intelligence" to mislead his superiors, including the President, about...

Author: /time Magazine | Title: Press: Days of Judgment for CBS | 10/29/1984 | See Source »

When Dan Burt, the attorney for retired General William Westmoreland in his $120 million libel suit against CBS News, made his opening statement to the jury last week, he relied heavily on assertions about the intentions of the producers of the documentary in question, The Uncounted Enemy. Among the most compelling evidence that CBS must face is its own in-house investigation, which Burt forced it to make public. Ironically, just as the case came to trial, a federal judge threw out most of a precedent-setting earlier case-also involving CBS News Correspondent Mike Wallace and a Viet...

Author: /time Magazine | Title: Press: State of Mind | 10/22/1984 | See Source »

Herbert sued in 1971, declaring he had been libeled by a story on 60 Minutes that questioned his claims to have reported war crimes to his superiors. (The broadcast involved in Westmoreland's suit was produced by CBS Reports, not 60 Minutes.) Herbert's case went to the U.S. Supreme Court in 1979 on a procedural question. Under existing law, a public official had to prove not only that the assertions were false, but that the journalist either knew they were false or acted in reckless disregard of whether they were true. Herbert contended that...

Author: /time Magazine | Title: Press: State of Mind | 10/22/1984 | See Source »

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