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On May 9, Trump fires Comey.
On May 10, Butowsky and Fox's Malia Zimmerman call Wheeler to say they have an FBI source confirming emails were sent from Seth Rich to WikiLeaks, though they do not share the source's identity, according to the investigator's suit. Wheeler will later say this is the only federal law enforcement source that Fox News — or he — has related to this story.
Wheeler says he doesn't know whether that source emerged from Butowsky's conversation with Seymour Hersh, or whether it was a fabrication.
The next day, Zimmerman sends Wheeler a draft of her story, which is to run initially on the network's website. It includes no quotes from Wheeler.
On the evening of May 14, Butowsky leaves a voicemail for Wheeler raising the stakes by invoking the White House and saying "let's close this deal."
A bit later that night, at 9:10 p.m., Butowsky texts Wheeler, according to Wheeler's suit: "Not to add any more pressure but the president just read the article. He wants the article out immediately. It's not all up to you. But don't feel the pressure."
As the night before the story is aired progresses, Butowsky is awake, online, and anticipating what is to unfold in a few short hours.
Butowsky sends an email to Fox News producers and hosts coaching them on how to frame the Rich story, according to the lawsuit. Recipients included Fox & Friendshosts, Steve Doocy, Ainsley Earhardt and Brian Kilmeade, among others.
"I'm actually the one who's been putting this together but as you know, I keep my name out of things because I have no credibility," Butowsky wrote, as reflected in the Wheeler suit. "One of the big conclusions we need to draw from this is that the Russians did not hack our computer systems and ste[a]l emails and there was no collusion" between "Trump and the Russians."
The night before the story ran and the day of the story itself, Butowsky coached Wheeler on what to say on the air: "[T]he narrative in the interviews you might use is that you and [Fox News reporter Malia Zimmerman's] work prove that the Russians didn't hack into the DNC and steal the emails and impact our elections." In another text; "If you can, try to highlight this puts the Russian hacking story to rest."
****
The story breaks earlier than expected.
On the evening of May 15, Fox News's sister local station in Washington, Fox 5 DC, runs a story online at once promoting and pre-empting the network's apparent scoop. "The police department nor the FBI have been forthcoming," Wheeler tells the station. "They haven't been cooperating at all. I believe that the answer to solving his death lies on that computer, which I believe is either at the police department or either at the FBI. I have been told both."
Asked if his sources have told him of information linking Rich to the WikiLeaks email dump, Wheeler says, "Absolutely. Yeah. That's confirmed."
The next morning, the story goes national.
Fox News reports that evidence from Rich's laptop showed he had been in contact with WikiLeaks just days before the site posted those emails. Fox also reported that powerful forces were trying to quash the official investigation into his death.
On Fox and Friends, hosts call the story a "bombshell."
Zimmerman's online story cites an unnamed "federal investigator who reviewed an FBI report" for its findings. It also cites Wheeler, incorporating two key quotations from Wheeler that do not appear on video. In each, the private eye seemingly takes ownership of the accusations.
The first: "My investigation up to this point shows there was some degree of email exchange between Seth Rich and WikiLeaks."
The second: "My investigation shows someone within the D.C. government, Democratic National Committee or Clinton team is blocking the murder investigation from going forward. That is unfortunate. Seth Rich's murder is unsolved as a result of that."
The Riches torch Wheeler, saying they have seen no proof for his contentions.
Wheeler alleges both quotations were fabricated and untrue.
According to the lawsuit, Zimmerman promised to have those lines removed — but they stayed in the story. Zimmerman then told him her bosses at Fox News had instructed her to leave those quotes in.
That same day, the suit recounts, Zimmerman writes a letter to Seth Rich's father, Joel, distancing Fox News from responsibility for what the network reported: "Much of our information came from a private investigator, Rod Wheeler, who we understand was working on behalf of you."
Wheeler challenges Zimmerman over the letter in a three-way phone conversation that also included Butowsky. The Fox News producer defends herself: "That's the email that Fox asked me to send him. They wrote it for me."
Wheeler replies: "That's not accurate, though, because much, much of the information did not come from me."
"Not about the emails. Not the part about, I mean, the connection to WikiLeaks," Zimmerman acknowledged. "But the rest of the quotes in the story did."
Butowsky weighs in: "One day you're going to win an award for having said those things you didn't say." Later, according to the recordings transcribed in the suit, Butowsky acknowledges Wheeler hadn't made any claims of personal knowledge about emails between Rich and WikiLeaks. "I know that's not true," Butowsky says. "If I'm under oath, I would say I never heard him say that."
Both try to keep Wheeler on board, however.
Zimmerman issues instructions for Wheeler's appearance on Sean Hannity's show later that evening. "Reread the story we sent you last night [that contained the invented quotes] and stick to the script," she texts Wheeler.
Despite his misgivings, Wheeler played along. On Hannity's show, Wheeler says he doesn't know personally about Rich's emails or computers but says that a "very credible" federal investigator says "he laid eyes on the case file." Wheeler offers energetic speculation though not much more: "When you look at that with the totality of everything else that I found in this case it's very consistent for a person with my experience to begin to think well perhaps there were some e-mail communications between Seth and WikiLeaks."
On May 23, Fox News posts an unsigned statement retracting Zimmerman's online story.
The network does not apologize or explain what went wrong. "The article was not initially subjected to the high degree of editorial scrutiny we require for all our reporting," the statement reads. "Upon appropriate review, the article was found not to meet those standards and has since been removed."
In early June, Wheeler meets with Dianne Brandi, general counsel for the network, and Jay Wallace, the network's president for news. He makes his case that fabricated quotes had knowingly been attributed to him. Neither ever publicly speak of the matter afterward, until now. "Since meeting with Rod Wheeler, we have also met with Malia Zimmerman to try to determine whether Rod was misquoted," Wallace said in a statement to NPR. "As of now, we don't have concrete evidence that he was."
A Fox News executive knowledgeable about the controversy, who would only speak if granted anonymity, said, "the story was published to the website without review by or permission from senior management." The executive noted that Wallace had placed the broadcast and digital newsgathering teams under the same leadership for the first time after a series of management changes following the forced departure of the network's founder, the late Roger Ailes, and many of his top deputies.
In late June, Wheeler warns Fox News and Butowsky that he may file suit. Three days later, Butowsky tweets: "Fox News story was pulled b/c Rod Wheeler said [he] didn't say a quote... How much did DNC pay him?" And then Butowsky tweeted: "This shows Rod Wheeler has a major battle with the truth."
The two men, thrust together on a common effort for months, have been torn apart by its aftermath. In the interview with NPR, Butowsky insists that he was acting out of a civic-minded spirit for the Riches, not any partisan or political drive. Zimmerman remains on staff at Fox News, actively reporting on unrelated stories.
A spokeswoman for the FBI tells NPR this week the agency has played no part in the investigation of the unsolved murder. And a spokeswoman for Washington's Metropolitan police department says "MPD stands behind its original assertion that Seth Rich was the victim of a botched armed robbery."
On May 9, Trump fires Comey.
On May 10, Butowsky and Fox's Malia Zimmerman call Wheeler to say they have an FBI source confirming emails were sent from Seth Rich to WikiLeaks, though they do not share the source's identity, according to the investigator's suit. Wheeler will later say this is the only federal law enforcement source that Fox News — or he — has related to this story.
Wheeler says he doesn't know whether that source emerged from Butowsky's conversation with Seymour Hersh, or whether it was a fabrication.
The next day, Zimmerman sends Wheeler a draft of her story, which is to run initially on the network's website. It includes no quotes from Wheeler.
On the evening of May 14, Butowsky leaves a voicemail for Wheeler raising the stakes by invoking the White House and saying "let's close this deal."
A bit later that night, at 9:10 p.m., Butowsky texts Wheeler, according to Wheeler's suit: "Not to add any more pressure but the president just read the article. He wants the article out immediately. It's not all up to you. But don't feel the pressure."
As the night before the story is aired progresses, Butowsky is awake, online, and anticipating what is to unfold in a few short hours.
Butowsky sends an email to Fox News producers and hosts coaching them on how to frame the Rich story, according to the lawsuit. Recipients included Fox & Friendshosts, Steve Doocy, Ainsley Earhardt and Brian Kilmeade, among others.
"I'm actually the one who's been putting this together but as you know, I keep my name out of things because I have no credibility," Butowsky wrote, as reflected in the Wheeler suit. "One of the big conclusions we need to draw from this is that the Russians did not hack our computer systems and ste[a]l emails and there was no collusion" between "Trump and the Russians."
The night before the story ran and the day of the story itself, Butowsky coached Wheeler on what to say on the air: "[T]he narrative in the interviews you might use is that you and [Fox News reporter Malia Zimmerman's] work prove that the Russians didn't hack into the DNC and steal the emails and impact our elections." In another text; "If you can, try to highlight this puts the Russian hacking story to rest."
****
The story breaks earlier than expected.
On the evening of May 15, Fox News's sister local station in Washington, Fox 5 DC, runs a story online at once promoting and pre-empting the network's apparent scoop. "The police department nor the FBI have been forthcoming," Wheeler tells the station. "They haven't been cooperating at all. I believe that the answer to solving his death lies on that computer, which I believe is either at the police department or either at the FBI. I have been told both."
Asked if his sources have told him of information linking Rich to the WikiLeaks email dump, Wheeler says, "Absolutely. Yeah. That's confirmed."
The next morning, the story goes national.
Fox News reports that evidence from Rich's laptop showed he had been in contact with WikiLeaks just days before the site posted those emails. Fox also reported that powerful forces were trying to quash the official investigation into his death.
On Fox and Friends, hosts call the story a "bombshell."
Zimmerman's online story cites an unnamed "federal investigator who reviewed an FBI report" for its findings. It also cites Wheeler, incorporating two key quotations from Wheeler that do not appear on video. In each, the private eye seemingly takes ownership of the accusations.
The first: "My investigation up to this point shows there was some degree of email exchange between Seth Rich and WikiLeaks."
The second: "My investigation shows someone within the D.C. government, Democratic National Committee or Clinton team is blocking the murder investigation from going forward. That is unfortunate. Seth Rich's murder is unsolved as a result of that."
The Riches torch Wheeler, saying they have seen no proof for his contentions.
Wheeler alleges both quotations were fabricated and untrue.
According to the lawsuit, Zimmerman promised to have those lines removed — but they stayed in the story. Zimmerman then told him her bosses at Fox News had instructed her to leave those quotes in.
That same day, the suit recounts, Zimmerman writes a letter to Seth Rich's father, Joel, distancing Fox News from responsibility for what the network reported: "Much of our information came from a private investigator, Rod Wheeler, who we understand was working on behalf of you."
Wheeler challenges Zimmerman over the letter in a three-way phone conversation that also included Butowsky. The Fox News producer defends herself: "That's the email that Fox asked me to send him. They wrote it for me."
Wheeler replies: "That's not accurate, though, because much, much of the information did not come from me."
"Not about the emails. Not the part about, I mean, the connection to WikiLeaks," Zimmerman acknowledged. "But the rest of the quotes in the story did."
Butowsky weighs in: "One day you're going to win an award for having said those things you didn't say." Later, according to the recordings transcribed in the suit, Butowsky acknowledges Wheeler hadn't made any claims of personal knowledge about emails between Rich and WikiLeaks. "I know that's not true," Butowsky says. "If I'm under oath, I would say I never heard him say that."
Both try to keep Wheeler on board, however.
Zimmerman issues instructions for Wheeler's appearance on Sean Hannity's show later that evening. "Reread the story we sent you last night [that contained the invented quotes] and stick to the script," she texts Wheeler.
Despite his misgivings, Wheeler played along. On Hannity's show, Wheeler says he doesn't know personally about Rich's emails or computers but says that a "very credible" federal investigator says "he laid eyes on the case file." Wheeler offers energetic speculation though not much more: "When you look at that with the totality of everything else that I found in this case it's very consistent for a person with my experience to begin to think well perhaps there were some e-mail communications between Seth and WikiLeaks."
On May 23, Fox News posts an unsigned statement retracting Zimmerman's online story.
The network does not apologize or explain what went wrong. "The article was not initially subjected to the high degree of editorial scrutiny we require for all our reporting," the statement reads. "Upon appropriate review, the article was found not to meet those standards and has since been removed."
In early June, Wheeler meets with Dianne Brandi, general counsel for the network, and Jay Wallace, the network's president for news. He makes his case that fabricated quotes had knowingly been attributed to him. Neither ever publicly speak of the matter afterward, until now. "Since meeting with Rod Wheeler, we have also met with Malia Zimmerman to try to determine whether Rod was misquoted," Wallace said in a statement to NPR. "As of now, we don't have concrete evidence that he was."
A Fox News executive knowledgeable about the controversy, who would only speak if granted anonymity, said, "the story was published to the website without review by or permission from senior management." The executive noted that Wallace had placed the broadcast and digital newsgathering teams under the same leadership for the first time after a series of management changes following the forced departure of the network's founder, the late Roger Ailes, and many of his top deputies.
In late June, Wheeler warns Fox News and Butowsky that he may file suit. Three days later, Butowsky tweets: "Fox News story was pulled b/c Rod Wheeler said [he] didn't say a quote... How much did DNC pay him?" And then Butowsky tweeted: "This shows Rod Wheeler has a major battle with the truth."
The two men, thrust together on a common effort for months, have been torn apart by its aftermath. In the interview with NPR, Butowsky insists that he was acting out of a civic-minded spirit for the Riches, not any partisan or political drive. Zimmerman remains on staff at Fox News, actively reporting on unrelated stories.
A spokeswoman for the FBI tells NPR this week the agency has played no part in the investigation of the unsolved murder. And a spokeswoman for Washington's Metropolitan police department says "MPD stands behind its original assertion that Seth Rich was the victim of a botched armed robbery."
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