Big Trouble at Black Rock

The CBS News fiasco isn't over:

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.

A senior official at CBS told NYTV that Mr. Howard’s claims had no basis in fact and that management had only acted on the findings of the report, which the company deemed thorough, accurate and independent.

Jay Goldberg, a civil litigator who has represented Donald Trump, said the idea of asking employees to resign "is really offered by the employer for protection for any breach of contract," as "an inducement to the employee to walk away with his tail between his legs and put him in a position so he cannot sue."

According to Mr. Goldberg, if a chief executive made public statements about employees that cannot be supported by facts—i.e., by the narrative of the Thornburgh report or, worse, other unreported material—it could open the company up to trouble.

"They were very foolish to go public with an attack on these people, because they lose their immunity to be sued for defamation," Mr. Goldberg said. "Whereas if they had put these very same things in court paper, they could not be sued."

Martin Garbus, a First Amendment lawyer, said that Mr. Moonves’ statement may well give Mr. Howard grounds for a defamation suit. "He has a claim," said Mr. Garbus. "Anything that they say bad about him, and that impugns his reputation in the business in which he’s in—basically, they’re saying that he’s incompetent. That’s not opinion, that’s specifically stating. One way in which you protect yourself from libel is that you always say ‘in my opinion.’ But [Mr. Moonves] didn’t say it. He’s saying, ‘The producer did this, the producer did that.’"

Not to mention Mary Mapes likely won't go quietly into this good night.

Rathergate---a gift that just keeps giving.

(Hat tip: Drudge)