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Media & Communications Law

Dan Rather Allowed Access to K&L Gates Probe Documents

Posted Jul 22, 2009 12:38 PM CDT
By Debra Cassens Weiss

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A Manhattan judge has ruled that former CBS anchor Dan Rather may get access to e-mail messages between members of a panel hired to investigate one of his stories and K&L Gates, the law firm working on the probe.

The ruling gives Rather access to more than 3,000 documents in his suit against CBS that contests the fairness of the probe and cuts in 60 Minutes airtime after the controversial story ran, according to the New York Times and Dow Jones Newswires (sub. req.). The suit contends CBS tried to influence the panel, headed by former Republican Attorney General Richard Thornburgh, as it investigated Rather’s story on President George W. Bush’s service with the National Guard.

Judicial Hearing Officer Ira Gammerman also ruled that Rather could refile a fraud claim against CBS that had been dismissed last year, the Associated Press reports.

After court, Rather stressed the importance of the documents that he will be allowed to review, Bloomberg reports. The judge "gave us discovery and depositions to a secret and somewhat mysterious panel,” Rather said. “That’s a very important part of our case. I want to know what went on, what really went on, as opposed to what we were told.”

K&L Gates had opposed releasing the documents, citing attorney-client privilege, the Times story says. Gammerman said the firm’s work was not protected by the privilege.

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