NYT: Retraction or FCC

For The Record

Jan 28

*The following was sent on January 28, 2025 to New York Times Chief Legal Officer Diane Brayton, Managing Editors Marc Lacey and Carolyn Ryan, and reporter David Philipps and podcaster Michael Barbaro.

The New York Times published false information that, unless publicly retracted, calls for a complaint with the Federal Communications Commission.

An October 18, 2017 article by Dave Philipps titled "A Marine Attacked an Iraqi Restaurant. But Was It a Hate Crime or PTSD?" contained multiple statements that are misleading and/or false and which manufacture a misleading association between veterans and violent crime.

In the fifth paragraph, Philipps falsely claims "prosecutors charged him with felony-level hate crime." I have confirmed with the local District Attorney's Office that there are no such laws in the state of Oregon.
In the eleventh paragraph, Phillips attributes the following sentiment to an Iraqi man without actually quoting him, suggesting the individual felt "hate crime charges are fitting." Ghaith Sahib never says any such thing. The quote was actually from his wife Tiffany, a white woman and co-owner, who was not present for the attack. Local news station KGW reported on May 10, 2017, before the Philipps article, had Tiffany on camera saying "No, haha, no. It’s obvious it's a hate crime."

The only hate crime law enforceable in the state of Oregon is the Hate Crimes Prevention Act of 2009. No federal charges were brought against the attacker, a service member protected by HCPA at the time, a fact Dave Philipps omitted.

If there is no public retraction, including an apology to the defamed, by 17:00 Friday, January 31, 2025, I will initiate an FCC complaint. I do not have access to Michael Barbaro's The Daily episode from one week before veterans day in 2017, but when I do I will send a separate demand and deadline.

Even if you took the lead from PPD, a matter I am pursuing separately, you published information the DA has confirmed to be false. Think of your reputation, if not your legal liability. For Philipps, a staff reporter for the New York Times, to wax nostalgic about the help he offers to military families while defaming them is despicable and cruel. Journalists should hold themselves to a higher standard than tabloids.