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| LEGAL TV | |
 October 19, 1998 
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Since the O.J. Simpson trial, the number of television programs focusing on legal affairs have been on the rise. But how are these programs affecting the public's perception of the law? Following a background report, Terence Smith and guests discuss lawyers on television. Also, participate in an Online Forum on the issue.
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ELIZABETH FARNSWORTH: Now, legal pundits in the age of Monica Lewinsky. Media Correspondent Terence Smith has that story.
TERENCE SMITH: Whether it's the Constitution - WENDY MURPHY: -- if you go through the articles of impeachment in Watergate - TERENCE SMITH: -- impeachment - MODERATOR: -- perjury - |
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Lawyers hit the airwaves. |
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MODERATOR: And, Cynthia Alksne, how many Democrats defect - as the expression is tonight? CYNTHIA ALKSNE: A big stack of them. TERENCE SMITH: It's nothing new, of course. The TV lawyer phenomenon exploded with the O.J. Simpson case and was multiplied by the proliferation of 24-hour news networks. Simpson dream team members like Johnny Cochran now have their own TV shows. Former prosecutor Marcia Clark is a frequent understudy for Geraldo Rivera. Defense Attorney Barry Scheck went on to MSNBC as a commentator. The Simpson trial also spawned "Burden of Proof" on CNN with hosts Greta Van Susteren and Roger Cossack. The show airs twice a day and has a whole gaggle of barristers parsing the law. But the Lewinsky scandal has wrought a new chapter with a new cast of characters, among them Attorney Barbara Olson, here arriving for an appearance on CNBC's "Hard Ball" with Chris Mathews. Olson was a federal prosecutor in the U.S. Attorney's Office in the District of Columbia for three years. A self-described conservative and close friend of Kenneth Starr, Olson quit her job as chief counsel for Republican Senator Don Nickles to hit the pundit circuit full-time.
TERENCE SMITH: On "Hard Ball" that night there was no reference to her political leanings or friendship with Ken Starr. Olson was identified as a former federal prosecutor and founder of the Independent Women's Forum. But Olson says she often sets the record straight herself. BARBARA OLSON: When I'm asked a question about Ken Starr, I will quite often preface it with, "I'm a friend of his."
MSNBC Anchor: Here to talk about it, MSNBC legal analyst Barbara Olson, who was a former - was a federal prosecutor, and she's also a founding member of the Independent Women's Forum; MSNBC legal analyst Cynthia Alksne was also a federal prosecutor, now has ties to the Democrats. So we know what team everybody's on. CYNTHIA ALKSNE: Not just now, baby, since birth! TERENCE SMITH: Alksne also admits she is generally pro-Clinton. She too is a paid legal analyst who appears regularly on MSNBC. When the pundits pontificate, it can range from the informative to the very personal.
TERENCE SMITH: And on certain shows, the sparring can escalate. |
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The fight for ratings. |
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BRADFORD BERENSON, Criminal Defense Lawyer: There are shows that see themselves as primarily entertainment shows, that try to stage food fights for the public because that's entertaining to watch and good for ratings. TERENCE SMITH: Criminal defense attorney Brad Berenson is a self-proclaimed member of the chattering class. His courtroom experience is modest. He's tried a total of two cases to verdict in five years of defending white collar crime cases. He describes himself as a conservative and sympathetic to Starr but says he's usually identified as a criminal law expert.
TERENCE SMITH: Berenson is also a member of the conservative Federalist Society, along with Ken Starr. Among the other familiar faces, husband and wife team Joseph DiGenova and Victoria Toensing. Both are high profile Republican lawyers. They're also paid consultants to NBC News. Recently, they served as co-counsels for a House committee investigating Teamster Union campaign contributions to the Democrats. They have both appeared here on the NewsHour. As befits a growth industry, there is even a Web page that purports to help people link the faces with the backgrounds. The Viewer's Guide to Talk News describes itself as "the who's who among talking heads in the Starr vs. Clinton Trial by Media. " Perhaps revealing its own bias, the page identifies many of the conservative commentators as "stealth spokesmen for Starr." |
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WENDY
MURPHY, MSNBC Legal Analyst: In terms of what's in the text of the Constitution
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TERENCE
SMITH: -- or fine points of the law, Americans can now tune in any hour
of any day to get the latest legal semantics, spin, and speculation
on the Lewinsky saga. Last week, when Congress voted to authorize impeachment
hearings, the airwaves were wall-to-wall with legal pundits - enough
for former federal prosecutors, legal analysts, and defense attorneys
to fill a small law school. 
BARBARA
OLSON: I kept watching all of these people who were former federal prosecutors
talking about the independent counsel investigation. And basically their
statements were that this was outrageous and that Ken Starr was taking
actions that no prosecutor had ever taken in the history of mankind.
And it just wasn't true. And I knew it wasn't true, and I thought, you
know, it's one thing to have a political agenda, but they're all being
subtitled, former federal prosecutor. And I thought, well, I want to
say, here's another viewpoint. 
TERENCE
SMITH: Olson has tried 48 cases to verdict. Most were drug busts and
other drug-related crimes in the District of Columbia. These days she's
a paid legal analyst for NBC, who will sometimes put in a full day doing
commentary on MSNBC. Often, she's pitted against lawyers from the other
side of the political fence. 
CYNTHIA
ALKSNE: I don't like Ken Starr. I don't like him one stinking bit. I
think he's terrible for prosecutors everywhere. 
BRAD
BERENSON: Virtually everyone commenting on this subject has a point
of view or an orientation, so I really don't think there's a very significant
disclosure or non-disclosure issue that arises with this.