What Were Editors & Execs at Dutton & Penguin Thinking?/Part III

A few new developments with No Easy Day, the book on the Bin Laden raid by the ex-Navy Seal, whose pseudonymous cover of Mark Owen was blown by FOX News in the early days of this controversy:

  • Owen will have his first, and maybe only, broadcast interview tonight, on 60 Minutes. According to the book’s publicist at Dutton “security concerns” will make it impossible for him to do more media, at least for now. (Though his real name is being used in most media, I will not name him on this blog.) Update: I watched the 60M interview and will write about it more length later on.
  • The NY Daily News reports that the Navy Seal foundation to which Mark Owen has claimed he’ll donate proceeds from his book has announced they will refuse any money from him.
  • The Pentagon pushed back against what seemed to me a ludicrous claim made by Owen’s attorney Robert Luskin, that the non-disclosure agreement (NDA) Owen signed with the Navy didn’t require him to have the manuscript vetted by the government, and that the NDA only “invited” him to do so. Reuters’ Mark Hosenball reports that a Pentagon spokesman told reporters the former Navy SEAL’s actions appear “to potentially violate his obligation not to disclose ‘the contents of such preparation to any person not authorized to have access to SCI (Sensitive Compartmented Information) until I have received written authorization from the Department or Agency that last authorized my access to SCI that such disclosure was permitted.'”

Hosenball adds that the spokesman said this was a passage from “a standard Pentagon secrecy agreement which . . . was ‘identical’ to one [the author] had signed.” The spokesman pointed out “a paragraph in the secrecy agreement in which the signer acknowledges that the purpose of a pre-publication review was ‘to give the United States a reasonable opportunity to determine’ if any manuscript contained any sensitive classified information.” He highlighted a third section paragraph “which said that if the person signing the agreement was “uncertain about the classification status of information” they were “required to confirm from an authorized official that the information is unclassified before disclos[ing] it.”

In earlier posts, here (1) and here (2), I had written that editors and executives at Dutton and Penguin messed up badly by seemingly just accepting the opinion of an attorney hired by the author, who said that the manuscript did not disclose classified information. This shortcut meant the book went to press without complete vetting.

Even though No Easy Day has been on sale since September 4, the Pentagon has since ruled that the author’s in “material breach and violation of the non-disclosure agreements,” and that his book contains “classified” information, and they may still take legal action against the author. They had earlier warned him about possible seizure of “royalties, remunerations, and emoluments.” Penguin could also suffer a loss to its reputation or even financially, having brought out a book deemed harmful to national security. As I wrote in my first post on this situation, Penguin already had plenty of trouble with the Department of Justice, in the ebook agency pricing lawsuit, they could’ve done without this additional legal problem.

Reuters concludes its report: “Dutton said the review by the ‘former special operations attorney’ concluded the contents of No Easy Day were ‘without risk to national security.’ The publisher has not released further details regarding who reviewed the manuscript.”

I find this statement hard to believe, and so have a handful of questions:

1) Was Dutton on such a crash production schedule that they failed to build in adequate time for government review, and so decided to wing it with the one attorney? 2) Or, were Owen’s editors inexperienced and incurious and so failed to ask him if he had signed an NDA? 3) Did they know he’d signed one, but never read it? 4) Did Owen’s reported animus toward the Navy over his discharge from the service motivate him to bypass the vetting, and leave them little time to review the book? 5) Was Dutton hopeful that the whole flap would draw the Pentagon’s condemnation and provide them with a lot of free publicity?

I will close by saying that if anyone reading this blog believes they know what happened in the editing of Owen’s manuscript–why vetting was limited to the lone attorney–or has other information relevant to this story, I would like to hear from you through the contact button at the top of this website.
//end//

What Were Editors & Execs at Dutton & Penguin Thinking?/Part II

Because I’ve edited & published a number national security books* containing sensitive information that ended up being vetted by government agencies before publication, I’ve been following the ‘No Easy Day’ situation carefully. Yesterday I shared a blog post, questioning how Dutton and Penguin could’ve been so careless in seemingly just accepting the pseudonymous ex-Navy Seal author Mark Owen’s claim that a lawyer he’d hired had said his manuscript didn’t breach any disclosure rules. If that is what happened–and there’s a lot of murk here so one can’t be sure–that’s not the way publishing houses are supposed to deal with these books.

Today, another shoe dropped on the author. According to Bloomberg News, at a press conference today, chief Pentagon spox George Little told reporters, “Sensitive and classified information is contained in the book.” It was a judgment I’ve been waiting to hear rendered since last Friday when it was revealed the Pentagon had sent the author a letter, saying his book may have violated national security. I guess they took the weekend to read it.

Another nugget in the Bloomberg article is that the author’s attorney–Robert Luskin, defense attorney for Karl Rove in the Valerie Plame matter–claims his client’s agreement with the Navy merely “invites but by no means requires” him to provide his manuscript for vetting, that he’s not obliged to do so. Doesn’t sound like any non-disclosure agreement I’ve ever heard of.

While the Pentagon warning about possible seizure of “royalties, remunerations, and emoluments” has been directed to the author, Penguin could also suffer, having heedlessly brought out an unvetted book deemed harmful to nat’l security, and then being forced to pull it from distribution, or even defy the government. More from the Bloomberg story on the Pentagon press conference.

In response to reporters’ questions today, Little gradually toughened his statements, first saying the book contains “sensitive” information, and then saying it “probably” contains “classified” information before saying the Defense Department believes classified information is in the book and finally that it does contain such information. The Pentagon has consulted the Department of Justice about the book while reviewing all legal options, Little has said. “It is the height of irresponsibility not to have this kind of material checked for the possible disclosure” of classified information, Little said today. The need for a pre-publication review is “a no-brainer,” Little said. “This is common sense.”

*Among these national security books have been The Politics of Truth–A Diplomat’s Memoir: Inside the Lies that Led to War and Betrayed My Wife’s CIA Identity (Carroll & Graf, 2004) by Ambassador Joseph Wilson. For his book, which came out more than a year before his wife Valerie Plame brought out hers (with Simon & Schuster), Joe asked the State Dept. to vet it, even though it had been a number of years since his retirement from the diplomatic corps. Another title, mentioned in yesterday’s post, was On the Brink: An Insider’s Account of How the White House Compromised American Intelligence by Tyler Drumheller, former chief of CIA clandestine operations, Europe.
//end//

 

What Were Editors & Executives at Dutton & Penguin Thinking?

This post has been updated. New material in bold.

For more than a week I’ve been following coverage of the forthcoming book, No Easy Day, by the pseudonymous Mark Owen and a co-author, supposedly detailing the undercover mission Owen was part of that led to the death of Osama Bin Laden. While it seems that Penguin is going ahead with publication Sept. 4–and news organizations have been reporting on the book’s contents, after purchasing copies ahead of the official on-sale date–I am pretty much flabbergasted that editors and executives at Dutton, the Penguin division bringing out the book, evidently allowed the book to go to press even though the author had failed to submit the manuscript for the vetting required under his non-disclosure agreements with the military.

Reporter Husna Haq writes in the Christian Science Monitor, “According to the terms of Bissonnette’s non-disclosure agreements, he would have to submit any manuscript for pre-publication review and obtain permission before publishing it. . . . The book was not vetted by government agencies prior to publication. Disclosure of classified information is a crime and the US government may be entitled to all ‘royalties, remunerations, and emoluments’ from [the author]’s disclosures, the [Pentagon] letter warned.” To be clear, the Pentagon’s letter was addressed to the author, and not to his publisher. He stands to lose the most from all this, but if the Pentagon does rule in the next week that the book’s disclosures go beyond what he was entitled to reveal, and that they’re harmful to national security, Penguin will be under some pressure to cease distribution of the book. If they defy the government after that, they run some risk too, at least to their reputation, and maybe financially, as well.*

Eli Lake in the Daily Beast/Newsweek reports that a “spokeswoman for . . .  Dutton, said the book was vetted by a former special-operations attorney provided to the publishing house by the author. It was not, however, reviewed by the military, according to Pentagon spokesmen.”

This is really lame. So staff at Dutton decided to just accept the author’s representation that everything with the ms. was okay because he had shown it to an attorney of his own choosing who gave it a pass? If that is what happened, and multiple news accounts indicate it did, this was truly amateurish.

In my years editing and publishing topical nonfiction, I had a number of sensitive books that required careful handling with government agencies. One of them was On the Brink: An Insider’s Account of How the White House Compromised American Intelligence by Tyler Drumheller, former chief of CIA clandestine operations, Europe. Well in advance of publication in 2006, the author submitted the ms. to the agency’s Publications Review Board. After they read it, a two-way communication ensued and we edited the final ms. to accomodate their concerns. We didn’t necessarily like that this was necessary, but that was really beside the point. It had to be done, and it was. I should add, however, that even though the book was by implication and inference critical of the Bush administration, none of the edits requested had anything to do with political sensitivities; it was entirely about operations and maintaining security.

Let me make clear, so that there’s no doubt here. I’m not ‘siding’ with the government–I’m an editor and publisher by temperament and experience. I’m for information being shared as freely and openly as possible. But when an author has a prior legal agreement with any agency–be it governmental, corporate, or just between himself and another individual–as a publishing house you can’t just blunder forward, with some stupid ‘let the chips fall where they may’ attitude. The risks of non-compliance are too great.

Penguin/Dutton may get their big launch date this Tuesday, but they also may have sown an enormous hassle for themselves by failing to ensure that their author had had his manuscript properly vetted. I’d dare say Penguin has enough troubles with the Department of Justice right now, in the ebook agency pricing lawsuit, they didn’t need this one too.

* H/t Mike Shatzkin who suggested a helpful revision to this paragraph, clarifying that it’s the author who has the most exposure to the Pentagon’s claims. I had an email exchange with another publishing friend, who, feeling waggish, said maybe Dutton and Penguin planned all this, to get the book maximum publicity. Friends on Facebook, where I shared the first version of this piece have said the same thing. But I can’t conceive this is correct, though that may show my own risk-aversion and lack of imagination. I think the editing and publishing broke down and shows incompetence. Weirdly, publicity and sales of the book may even be fueled by the controversy, at least for a while, but if this has been a deliberate strategy, it seems a crazy, high-risk way of going about it all.

* H/t Mike Shatzkin who suggested a helpful revision to this paragraph, clarifying that it’s the author who has the most exposure to the Pentagon’s claims. I had an email exchange with another publishing friend, who, feeling waggish, said maybe Dutton and Penguin planned all this, to get the book maximum publicity. Friends on Facebook, where I shared the first version of this piece have said the same thing. But I can’t conceive this is correct, though that may show my own risk-aversion and lack of imagination. I think the editing and publishing broke down and shows incompetence. Weirdly, publicity and sales of the book may even be fueled by the controversy, at least for a while, but if this has been a deliberate strategy, it seems a crazy, high-risk way of going about it all.

#FridayReads, August 31–“Wilderness” by Lance Weller + Matt Taibbi

#FridayReads, August 31–“Wilderness” by Lance Weller. This is a novel occurring post-Civil War, though set not in the south like Charles Frazier’s Cold Mountain or The Sands of Pride by my own author William R. Trotter. Instead, this is set in 1899, more than thirty years after the end of the war, with a protagonist, Abel Truman, who is scratching out an existence for himself in the Pacific Northwest, on the edge of the western-facing ocean. Coming from Bloomsbury in September, I am reading and really enjoying an advance reading copy (ARC) I got at Book Expo America (BEA), back at the beginning of the summer.

Also reading Matt Taibbi’s investigative article in Rolling Stone, “Greed and Debt: The True Story of Mitt Romney and Bain Capital,” full of revelations on how Mitt Romney manipulated Federal regulators in to allowing Bain & Company (as distinct from Bain Capital) to reclaim money that ought to have been returned to the Treasury.

Tosca, a San Francisco Retreat, Facing Eviction

When I worked for Carroll & Graf Publishers from 2000-2007 I used to travel 2-3 times a year to the Bay Area for sales conference with our parent company Avalon Publishing Group. Though Avalon was based in Berkeley, I learned from my senior colleague Herman Graf that it was far more interesting to stay in San Francisco, and drive over the Bay Bridge to the East Bay in the morning for our meetings. Years earlier Herman–who I recently helped fete to mark his 51 years in publishing–had years before I joined the company staked out a motel that suited his needs perfectly, and mine too once I became semi-frequent on the Jet Blue flights from JFK to SFO.

This establishment was the Royal Pacific Motor Inn, and I see from the Web that it’s still thriving. The Royal Pacific had everything we wanted–perfectly adequate and clean motel rooms; free guest parking, which Herman appreciated since he was the one of us who rented a car (never mind that driving with him was often a hilarious if not nerve-wracking adventure); and great restaurants and nightlife all around us in the Chinatown/North Beach neighborhood. The motels current reviews on yelp.com make clear that, depending on your personal preferences, it can be an ideal and reasonably priced place to stay when you’re in the Bay Area.

The nearby streets offered innumerable Italian and Chinese restaurants (I still recall and savor the fresh whole Dungeness crab cooked Szechuan-style I ate one night at a Chinese place less than a 100 steps from the motel); coffee bars; City Lights Bookstore and Black Oak Books; and Tosca Cafe, an after-hours bar and hang-out that was a pleasant cave-like retreat from the busy sidewalks outside. Its soft lighting showed red booths, eye-catching murals on dark walls, and a long bar to stand at or park a stool in front of. Back in the day, Enrico Caruso frequented Tosca, so the excellent jukebox sported not only rock n’ roll, but opera. Whatever the musical genre, it was never up too loud. There was also a back room with a pool table, where I once shot a game or two with astronomer and author Timothy Ferris. Over the years Tosca’s clientele has been reported to include Sam Shepard, Gov. Jerry Brown, and Francis Ford Coppola, who with Tosca’s owner Jeannette Etheredge, started an initiative for homeless denizens of North Beach, according to C.W. Nevius of the San Francisco Chronicle. Like such legendary watering holes as Greenwich Village’s White Horse Tavern, remembered fondly in Pete Hamill’s memoir, A Drinking Life, and Elaine’s Restaurant on Manhattan’s Upper East Side, Tosca always seemed like a place that didn’t try to do too much for its customers, but what it did do, it did very well.

These recollections of the Royal Pacific, North Beach, and Tosca are prompted by a column by reporter Nevius in last Saturday’s Chronicle. He reports that Toscas’s landlord, a strip club owner named Roger Forbes, is seeking a substantial rent increase that Etheredge says she she simply cannot afford to pay. If the two are unable to reach a settlement, Tosca may be evicted. Etheredge laments the situation, telling Nevius, “Look at the place. It’s out of an Edward Hopper painting.” Like the late Elaine Kaufman of Elaine’s, who was known to sometimes treat customers with disdain, Etheredge is also no shrinking violet. Nevius writes,

Etheredge has a long history in North Beach. Her family owned Bali’s, a restaurant there, and she purchased Tosca in April 1980. However, it is probably too much to expect that she would polish a few of her rough edges. One of her endearing traits is that she treats famous actors just like everyone else–she yells at them, too.”Everybody knows she’s a pain in the ass,” said [her attorney] Keker. “And everyone loves her.”

Well, maybe not Roger Forbes. For his part, Nevius adds,

That’s why, although Forbes may have all that strip club cash, I don’t like his chances. It is possible that he could evict Tosca and put in another generic stripper revue in its place. He might even make a little more money. People are reportedly warning Forbes not to mess with Tosca. Putting in a strip club is one thing. Evicting an institution is another. You’ll still get a nice sum in rent and you won’t incur the wrath of the city’s famously combative true believers. That’s good advice.

Urban homogenization is increasing everywhere these days, whether banks and chain drugstores taking over the commercial blocks on the upper west side of Manhattan, or North Beach submitting to the siren song of tourist-friendly peep shows. As a New Yorker who’s seen favorite businesses lose their lease or disappear overnight  (farewell Calcutta Cafe on Broadway at 104th St.), I hope Tosca can hang on. After reading about Tosca’s troubles, I called Herman Graf to let him know and share some old North Beach memories. He reminded me that during sales conference week, other Avalon Publishing Group clients, such as Morgan Entrekin of Grove Atlantic, would end up at Tosca in the wee hours, one of the very best times to hang out there. To get a sense of the bar’s splendid interior and rich history, I urge you to view the rest of photographer Carlos Avila Gonzalez’s excellent slideshow and read Nevius’s entire column via this link.

Herman Graf in 2012, Celebrating 51 Years in the Book Biz (now with a Bob Wietrak 2018 update)

February 6 2018 Update: With the sad passing this week of Bob Wietrak, longtime bookseller and publishing executive—with whom I was a colleague at Macmillan from 1987-1990—I want to point out to friends and readers of this blog that Bob was involved in a harrowing episode at one of our annual book conventions, at an ABA in the 1980s, the one time the trade show was held in Las Vegas. A key figure in the incident was Herman Graf, the longtime publishing pal whose surprise birthday party I wrote about below in 2012. Bob was at that party, too, seen in the background of the photo below.

In a phone call tonight Herman reminded me of some of Bob’s best qualities. Herman told me, “He had an uncanny talent for predicting what books would work big. He also had a knack for making publishers feel generally satisfied about the ordering and marketing decisions that the national book chain made about what books to feature, while also keeping B&N’s upper management satisfied.” Bob was laid off in a big B&N purge in 2011, when 40 people were let go, and went on to later jobs with online book sites Bookish and Zola. (I know about B&N’s corporate purges first-hand as in 2009 I was let go in a twenty-person layoff from Sterling Publishing, B&N’s publishing division, where I worked as Editorial Director, V-P of Union Square Press.) Nearly seven years after the party for Herman, I’m really glad that Bob Wietrak was there that night.

——

Last night Kyle and I were delighted to join a group of several dozen well-wishers who sprung a surprise party in honor of Herman Graf and his 51 years in publishing. Herman walked in on the hushed throng which had assembled in the living room of Tony Lyons, founder of Skyhorse Publishing, expecting to join Tony for dinner, when in unison we let out with our “Surprise.” More than a bit stunned, Herman said, “It’s not my birthday.” It’s not even my Bar Mitzvah.” We took the photos accompanying this post in the first few minutes after he walked in to find a party had been laid for him.

Herman began his publishing career in 1961, doing stints with McGraw-Hill, Doubleday, Arco Books, and then Grove Press, where he worked in sales and marketing during the indie press’s 60s and 70s heyday. This was the time when Grove was bringing writers like Samuel Beckett, Eugene Ionesco, Jean Genet, and Mikhail Bulgakov to American readers, even while founder Barney Rosset was frequently in court, accused of distributing “obscene” literature, like D. H. Lawrence’s Lady Chatterly’s Lover. Herman rode that tiger with Barney, and other key Grove executives, such as Kent Carroll, Fred Jordan and Richard Seaver. That era is covered well in the 2007 documentary “Obscene,” made by Dan O’Connor  and Neil Ortenberg, also old colleagues of Herman’s, and mine.

The ride was so rollicking that in later years Herman liked to say, “I was the Billy Martin of publishing; Barney fired me three times, and rehired me twice.” There was something to this George Steinbrenner-Billy Martin analogy, as Herman, like the brawling, ill-fated Yankee manager, could handle himself in a tight spot, having been a fair boxer when he grew up in the Bronx. Once, at a Las Vegas ABA in the early 80s—the annual convention of the book industry—Herman found himself defending a number of bookseller friends including the genial Barnes & Noble executive Bob Wietrak. Bob and other B&N people found themselves on the wrong side of some ornery Vegas bouncers intent on vacating an after-hours club at an early hour, even though B&N management had secured the room for the night to host a publishing party. These bouncers were attacking the B&N people, slamming them and pushing them. Herman stepped between Bob and the bouncers, and over the next few minutes bulled, brazened, and punched his way out of the club with Bob and others in tow. I know this story is true—I heard about it not only from Herman, but from my late brother Joel, a bookseller—who happened to also be at the venue that night.

In 1978, my sibling and I with our parents began operating our Cleveland indie bookstore chain, Undercover Books, and like many stores of the time, we were glad to have an obscure bestseller land in our laps, A Confederacy of Dunces, the posthumous novel of John Kennedy Toole. The book came with a star-crossed and tragic pedigree–the author had killed himself after failing to get it published, whereupon his grieving mother managed to get it into the hands of Walker Percy. The great southern novelist championed it and convinced editors at the University of Louisiana Press to publish it in hardcover. However, that wasn’t the end of the story. Meantime, Grove Press had acquired rights to publish a paperback edition, but the university press edition, though attracting much critical attention and press, had not really sold a lot of copies in hardcover. Herman, though working for Grove, took it upon himself to sell many thousands of copies of the LSU press edition to national wholesalers, such as Ingram where Cathy Hemming ordered copies. The market was seeded for the paperback edition. When Grove published it some months later it sold hundreds of thousands of copies, and millions since, in part owing to Herman’s work for the hardcover of another publishing house.

Herman told me that story sometime after 2000, the year he hired me to work with him at Carroll & Graf, the company he started in the mid-70s. Last night it was great seeing old C&G colleagues, Peter Skutches, Failey Patrick, Tina Pohlman, Bea Goldberg, and Claiborne Hancock. One of our authors, Stan Cohen was there, and his agent, Peter Sawyer. Agent, Laura Langlie, a friend to C&Gers, was also there. Norton execs Bill Rusin and Dozier Hammond also gave their best wishes in person, as did Bob Wietrak.

The seven years I spent with C&G were among the most productive, fun, and successful years of my publishing career. I learned so much working with Herman and got to hear some of the best–and often the funniest–stories about the business. Together we acquired many terrific books and published them creatively and energetically, including Susan MacDougal’s The Woman Who Wouldn’t Talk: Why I Wouldn’t Testify against the Clintons and What I Learned in Jail and Ambassador Joseph Wilson’s The Politics of Truth: Inside the Lies that Led to War and Betrayed My Wife’s CIA Identity, both of which became NY Times bestsellers. The years there finally confirmed me on an editorial path I had begun to hew to by 2000, but had not yet fully embarked on–of publishing truthellers, whistleblowers, muckrakers, authors of such singular witness that only they could write the book in question.

Herman now works with Skyhorse Publishing, for whom a book he acquired, The General: Charles de Gaulle and the France He Saved by Jonathan Fenby, got a great review in last Sunday’s New York Times Book Review. He is not stepping back or slowing down.

Thanks to Tony Lyons and Jennifer McCartney of Skyhorse Publishing, and Claiborne Hancock, who after leaving Carroll&Graf started his own company, Pegasus Books. They did a great job of hosting and organizing the surprise party for our friend and colleague, Herman Graf.

Disgrace is No Biggie, to Glenn Beck

TPM’s Casey Michel has an excellent report today on the declining reputation of right-wing author David Barton, at least in the estimation of serious historians, even ones that are observant Christians. As reported last week by Publishers Weekly, Barton’s latest book, The Jefferson Lies: Exposing the Myths You’ve Always Believed about Thomas Jefferson, with a Foreword by Glenn Beck, has been discredited for “factual inaccuracies and historical misrepresentations,” with Christian publisher Thomas Nelson pulling 17,000 copies from distribution and canceling publication. According to an August 10 Publishers Weekly story by Lynn Garrett, “Nelson confirmed it has severed its publishing relationship with Barton and reverted the rights to The Jefferson Lies to him. ‘Thomas Nelson does not expect to publish his works in the future.’”

Unfortunately, Michel, who wonders near the end of the TPM story if “Thomas Nelson’s decision will merely gird Barton’s supporters, rather than hurt his reputation,” already needs to update the article. Publishers Weekly reports today that Barton has bought all the recalled copies from Thomas Nelson and is “in negotiations to publish a new edition of the book with Mercury Ink, Glenn Beck’s publishing arm in partnership with Simon & Schuster.” According to Publishers Weekly, Barton added, “the new edition ‘will not include any substantive changes.'”

Gone Fishin’

I am away from my desk this week and next on a combined train and road trip with my family. I will be posting entries from time to time. Until later then, I hope you’re having a nice summer, and look for me later in this space.