by Jodi Kantor and Megan Twohey (Penguin 2019)
This book is actually two books in one. The first, the longer one, is the one referred to in the subtitle: the Harvey Weinstein sexual harassment case that ultimately brought down not only Mr. Weinstein but also his entire company, The Weinstein Company (TWC). The second, only 62 pages, which tells the story of Christine Blasey Ford and the Kavanaugh Supreme Court confirmation, seems like more of an after-thought. Kantor and Twohey did not break that story, although Blasey Ford did attend a gathering they organized in 2019 to interview a disparate group of women who had come forward to accuse their harassers in order to learn how going public had impacted their lives.
As I had read in a review somewhere, Kantor and Twohey’s book helps the reader understand the journalistic process and the ethics which guide journalists’ work. We read about the editors and higher-ups in the New York Times who make the crucial decisions about what to print, when to print, whether to print, to continue pursuing a story or not, how much time to allow reporters to work on a story that seems to be going nowhere, and so on. There are references to others pursuing the same story (e.g., Ronan Farrow, whose book Catch and Kill I will read next) and the pressure to be the first to break the story rather than to write a “follow” (a summary of another person’s original article), which the authors say is “humbling to write”.
As for the actual story itself, Harvey Weinstein was a sleazy old guy with a lot of power and influence who (with the cooperation and assistance of his underlings) trapped young women in hotel rooms and tried to get them to disrobe, give and accept “massages”, take showers with him, and watch him masturbate. He occasionally raped them, but in general his modus operandi seems to have been “persuasion”, keeping in mind his dominance over them professionally–both the women who worked for him and young actors hoping for parts in his films. Some of them submitted; some escaped, but all, it seems, were harmed by the experience. Some of the harm was professional; e.g., a staffer unable to continue working in the film industry because she was prevented by a non-disclosure agreement (NDA) from explaining why she had left Miramax, Weinstein’s company at the time. Other harm was in the recriminations and self-doubts that continued to plague these women, who were prevented from discussing what had happened to them by the NDAs they had signed, thereby consigning them to living with the events and the feelings connected to them unresolved.
Kantor and Twohey show how the NDAs provided the victims with cash settlements far larger than they would have gotten had they complained to the Equal Employment Opportunity Commission (EEOC), the government agency charged with enforcing the laws against sexual harassment, and won–which, given the atmosphere at the time, was far from certain. Blaming the victim was common, and the EEOC was not even allowed to make public the information it had about serial harassers. “Such agencies would gather crucial information with taxpayer dollars and then, for the most part, were required to lock it away where almost no one could see it,” report the authors. Thus did the federal and state governments enable sexual harassers to continue to victimize people for years–in Weinstein’s case, over forty years before he was finally held accountable.
Once having signed an NDA, however, victims of sexual harassment or assault were muzzled for life. In effect, the NDAs prostituted the victims after the fact: after they were groped, fondled, “massaged”, forced to engage in oral sex, or raped, they were paid to remain silent about what had happened. While many victims wanted only to forget what had happened, the inability to reconsider that decision would haunt them for years and made Kantor and Twohey’s investigation much more challenging, because they were unable to persuade people to talk to them. These agreements should be illegal, in my view.
Definitely worth reading.