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Justice

Murdoch’s Company Improperly Targeted PM Gordon Brown, Could Face Criminal Prosecution In U.S.

Former British Prime Minister Gordon Brown has become the latest known victim of extra-legal information gathering orchestrated by U.K. newspapers owned by NewsCorp Chairman Rupert Murdoch. The quickly developing scandal has moved far beyond the now-defunct News of the World, with the U.K’s Guardian reporting that journalists from across the News International newspaper group, owned by NewsCorp, “repeatedly targeted” the liberal Brown for more than 10 years while he served as Chancellor of the Exchequer and then Prime Minister.

Con-men and private investigators working for the papers, including the Sunday Times — the most reputable publication of the group — appear to have illegally gleaned banking, phone, and other records about Brown, including medical data on his infant son, the Guardian reports:

Scotland Yard has discovered references to both Brown and his wife, Sarah, in paperwork seized from Glenn Mulcaire, the private investigator who specialised in phone hacking for the News of the World;

• Abbey National bank found evidence suggesting that a “blagger” acting for the Sunday Times on six occasions posed as Brown and gained details from his account;

• Brown’s London lawyers, Allen & Overy, were tricked into handing over details from his file by a conman working for the Sunday Times;

Details from his infant son’s medical records were obtained by the Sun, who published a story about the child’s serious illness.

Brown joins other members of his Labour Party, members of the royal family, victims of terrorism, murder, and their family members in being targeted with shady or allegedly illegal practices by the newspapers. Journalist Carl Bernstein, whose investigation into the Watergate break in helped bring down President Nixon, has dubbed the rapidly expanding scandal “Murdoch’s Watergate.”

Much of the scandal has focused on Rebekah Brooks, the CEO of News International, who was previously editor of the News of the World and the Sun. It was Brooks who contacted the Browns in 2006 to tell them that she had obtained — likely in violation of privacy rules– records showing that their four-month-old son Fraser was suffering from cystic fibrosis.

But while victims have demanded that Rebekah Brooks resign, Murdoch has given her an “extraordinary show of support,” taking her to dinner yesterday and saying she is his “top priority.”

But Murdoch may soon have bigger problems on his hands. Legal experts told the AP today that his company could face criminal prosecution in the U.S. for his U.K. papers’ alleged bribery of British police officers, which would be a violation of the Foreign Corrupt Practices Act (FCPA). According to the the Department of Justice, “The FCPA prohibits payments made in order to assist the firm in obtaining or retaining business.” Thus the papers’ use of bribery to obtain information which helped sell newspapers could fall under the act’s purview. And even though the bribery occurred entirely in Britian, NewsCorp is an American company, incorporated in Delaware, and held accountable for its foreign subsidiary’s actions. Even if the corporation wasn’t directly involved in bribery, it could be found in violation of the law for turning a “blind eye.”

The legal experts told the AP they would be surprised if the Securities and Exchange Commission and the DoJ have not already opened investigations into the matter and said the decision to shutter News of the World was potentially an attempt to limit Murdoch and NewsCorp’s legal exposure.

NewsCorp is also the parent company of the Wall Street Journal and Fox News, which have largely ignored the scandal.

Update

The Guardian reports that a “powerful group of News Corp’s shareholders” have accused Rupert Murdoch of “rampant nepotism” and treating his media empire like a “family candy jar.” The shareholder group, which includes banks and pension funds and is led by the Amalgamated Bank, added that was “inconceivable” that Murdoch was completely unaware of systematic phone hacking at the News of the World and other newspapers.

Yglesias

Sympathy for Gordon Brown

It appears almost certain that Gordon Brown will lead the Labour Party to a historically bad result in the upcoming election. It’s possible that Labour will stay in government in coalition with the Liberal Democrats, but that will almost certainly require Brown’s resignation as leader. Under the circumstances, it’s worth pointing out that whatever Brown’s flaws and despite the very real problems with the Labour government (Iraq, e.g.) he’s largely being punished for an economic crisis he didn’t cause, couldn’t have stopped, and has actually handled quite well. The global financial meltdown was not unique to Britain and the United Kingdom’s status as a country that’s unusually exposed to the ups-and-downs of the financial industry is extremely longstanding. The country has mostly been suffering from bad luck.

And thanks to the combination of the fact that Brown, as Chancellor, kept the UK out of the Euro and as Prime Minister has presided over substantial stimulus the British economy is actually weathering the recession pretty well. The latest news is that the manufacturing sector is surging forward and recovery is under way. Conditions aren’t great—they’re actually quite bad—but the situation is much better than what you see in other European countries.

It’s interesting that fundamentals-driven that ignores all this seems to impact not only the mass public, but also elites. The FT, in the course of endorsing David Cameron, concedes that “As a crisis manager, Gordon Brown has been a better premier than his critics claim” and simply doesn’t say anything about the substance of the Tories’ opposition to stimulus, a policy that had it been adopted would have sank the economy. The Economist does take this issue head-on and concludes that the Tories “were wrong to oppose the economic stimulus after the banking crash” but endorses them anyway. Basically, Britain confronted a giant economic challenger and the center-right party responded with such bad policies that even center-right business-focused newspapers think they were wrong, but conditions are bad so voters are urged to vote Tory anyway.

The only saving grace for Labour in these circumstances is the presence of a second credible center-left party that may produce a hung parliament rather than a Tory majority. Democrats heading into the midterms won’t have that boost. The point is that simply being right while your opponents are wrong won’t help you very much—conditions need to actually be good, or else you lose.

Yglesias

The Agony of Gordon Brown

200px-gordon_brown_davos_2008_crop

Today is, to be honest, a pretty slow news day in US politics. But it’s a huge news day in UK politics. Basically, Gordon Brown’s Labour Party had been unpopular. Then came the financial crisis, which has really hammered the UK, where London’s financial sector is a huge portion of the economy. Then on top of that has come some scandals about MPs abusing their expenses. And then most recently, Labour got absolutely wiped out in local elections. So now a bunch of ministers are resigning, Brown is reshuffling his cabinet and vowing to fight on, but realistically coming under increasing pressure to step down so that Labour can try to find some way to put a new face forward rather than march onward into what looks to be certain electoral apocalypse.

At any rate, spending some time reading about this is a powerful reminder of what the emerging information ecology looks like. The cable networks that we keep on in the office seem to have been covering this story not at all, even though it’s clearly more newsworthy than the latest iteration of “hey! look at what Rush did!” But that’s the way it goes on cable. Meanwhile, thanks to the internet I’m able to read about UK news from BBC, The Guardian, British blogs, etc., and get far more detailed information about what’s happening than I ever would have been before. Banal, I know, but I think worth stepping back and thinking about.

Meanwhile, back to the UK, I suppose from an outsider’s perspective I wonder if at some point there can be a tipping point for the Liberal Democrats. I imagine a lot of people who might have some love for the Lib Dems nevertheless don’t want to “waste” a vote on a third party. But if it’s absolutely clear that the Tories will win no matter what, then that incentive seems to melt away and Labour will start polling even worse.

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