CPB Office of the Ombudsman

On an Important Programming Decision, PBS Has Dropped the Ball

Ken A. Bode

October 20, 2008

The program in question is "Torturing Democracy" which deals with the Bush-Cheney detention and interrogation policies. I have viewed the program on the website torturingdemocracy.org, and it is a powerful piece of journalism. The producer, Sherry Jones, unravels the background of the decisions that led to the coercive detention and abusive interrogation practices associated with US policy in the war on terror.

"Torturing Democracy" was offered a slot on the PBS national program schedule on January 21, 2009, after the election, and the day after the Bush-Cheney administration leaves town. John Wilson, the PBS senior vice president for programming told The New York Times that the dates were absolutely coincidental. "It was the first date that offered itself up," he said.

I wonder if there were other considerations. Stephen Segaller, vice president for content at WNET said PBS was in a no-win situation. It would have been criticized had it decided to air the program before the election, he said, adding, "I suspect that when we air it and other people air it, there will be some criticism attacking its motive rather than its content." Mr. Segaller is doubtless right that there are critics who lie in wait to condemn any NPR or PBS reports critical of the Bush Administration as politically motivated.

If fear of criticism was a factor in the delayed air-date, PBS acted badly. Viewer Richard McCaffrey of Ester, Arkansas wrote to PBS Ombudsman Michael Getler, "Delaying full exposure of this piece until 21 January 2009 appears to be a cynical and self protective move by PBS." It is precisely at election time that in-depth reporting is most necessary and useful. That's when citizens are more focused on issues and can use the information to cast a more informed vote.

On "Torturing Democracy," you hear from state department and military officials, many of whom oppose the enhanced interrogation policies, along with prisoners who were locked up, tortured and then released. The program was produced in collaboration with the National Security Archive Project at George Washington University. Jane Mayer, author of "The Dark Side: How the War on Terror Turned Into a War on American Ideals," was an advisor on the project. It is straightforward reporting backed by documents all the way. You can see the full interviews and documentation at the program's website.

One remarkable interview features former deputy secretary of state Richard Armitage describing how he'd been waterboarded -- a torture tactic that simulates drowning -- during his training in Vietnam. Armitage says he knew the guys doing it to him were on his side, but he was still convinced he was being drowned.

The presidential debates have come and gone with scant mention of torture and interrogation policies. Had this program been broadcast nationwide before or during those debates, it might have spurred an important discussion between candidates both for president and vice president.

What bothers me also is that PBS had the program in May but not until August 28 was Ms. Jones told that it would have no spot on the national program schedule until the Bush Administration had left town. Meanwhile, multiple congressional hearings were scheduled, the subject was on the national news agenda, and Jane Mayer's book was published in July bringing more attention. Programmers at PBS told Ms. Jones that "Torturing Democracy" was a victim of other scheduling priorities, including that the animated sitcom "Click & Clack's As the Wrench Turns" needed to be scheduled.

That excuse sounded lame to Sherry Jones, so she called their bluff. She engaged Executive Program Services to distribute the program to individual PBS stations around the country. Each station that agrees to broadcast will pick its own time slot. Unfortunately, this guarantees minimal attention, fewer reviews by critics, minimal ratings. "Torturing Democracy" has not exactly been buried, but it definitely starts out in a hole.

At present 33 member stations have agreed to broadcast the program, at varying weeks, days and times. When The New York Times pointed out that the Washington, D.C. flagship PBS station, WETA, had failed to schedule the program, WETA rushed it on the air the next day, Friday evening, following Bill Moyers' Journal. Predictably, with no promotion and virtually no notice to viewers, the ratings were paltry, ranging from .41 to .71.

Is this a failure of judgment or courage or both? The program ran on WNET in New York, and Mr. Segaller, called it "flawlessly journalistic in its adduction of evidence." Mr. Wilson of PBS told the Times the film was "ultimately an impressive work of journalism."

Though I can't say so conclusively, my fear is that PBS caved in. This is precisely the kind of programming the network was created to provide: high quality, timely, hard-hitting journalism.

Ironically, 5 years ago PBS engaged Sherry Jones to produce a documentary called "Watergate Plus 30," in which the network was extolled for its role in bringing the issues of Watergate to the public through its live coverage of the hearings.

PBS executives should remember the kudos it got then, both for public service and courage. Compare that to what has happened to "Torturing Democracy" and you get an unfortunate measure of change.

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