Dan Rather's attorneys can depose Sumner Redstone, New York judge rules

A New York state Supreme Court judge Monday ruled that Dan Rather’s attorneys can depose Viacom Chairman Sumner Redstone in the veteran anchor’s lawsuit against CBS, saying repeatedly that he wants to see the case move forward to trial.

More than two years after Rather sued his former employer, claiming breach of contract and fraud, the longtime CBS newsman and his former employer are still disputing document procurement and discovery. During an often-testy afternoon hearing, Justice Ira Gammerman seemed impatient with the back-and-forth, dismissing efforts by Rather’s attorneys to obtain more documents from CBS related to the lobbying efforts of Viacom, its former parent company. But he also shot down CBS’ attempt to block Rather from subpoenaing Redstone, urging both parties to schedule the Viacom chief’s deposition as soon as possible.

“Let’s get this case moving,” Gammerman said.

Rather’s attorneys are seeking to depose at least 11 other witnesses, including former White House official Dan Bartlett, former Defense Secretary and Viacom board member William Cohen, and Bill Burkett, the former National Guard member who provided Rather with documents he used in a controversial 2004 story that claimed that then-President Bush used political influence to avoid military service. Martin Gold, Rather’s lead attorney, said he expected to be ready for trial by the end of December or January.

After the hearing, James Quinn, an attorney for CBS, said he remains confident that the case will be thrown out before then by the state Appellate division, which has yet to rule on CBS’ efforts to dismiss the suit.

-- Matea Gold

'Brick City' documentary stands out in a busy week

"Brick City" (9 p.m. Central, Sundance Channel; three stars) picked a tough week to debut. Many of the broadcast networks' biggest shows are premiering or returning, but that hasn't stopped Sundance Channel from airing the documentary five nights in a row. 

But the broadcast networks frequently (and with some success) attempt to help us forget our daily cares, whether through the quipping of the acerbic Greg House on "House" or via the talented comedic ensembles on "How I Met Your Mother" and "The Big Bang Theory" (all of which return Monday, along with "Castle," "CSI: Miami," "Heroes," "Dancing with the Stars," "Two and a Half Men." Check out my Twitter for a few thoughts on the "House" Season 6 premiere). 

"Brick City" has a much different intent. The idea is to show us how Cory Booker, the almost frighteningly energetic mayor of Newark, New Jersey, is trying to revive that proud but troubled city. It's an interesting and complicated journey, though "Brick City" could have done a better job of giving non-Jersey natives some background and context regarding Newark's troubles. (For that, I recommend a Feb. 8, 2008, New Yorker piece by Peter J. Boyer, which is available online but only to subscribers to the magazine.)

Viewers plunge immediately into the whirlwind daily routine of Booker, who scurries from city meetings to banquets to conferences with business leaders to midnight basketball games with nary a pause. Booker seems determined to lift Newark through sheer force of will, and given the changes he's instituted at the police department and the strides Newark appears to have made in luring or keeping businesses, he may have a shot at success. 

"Newark, New Jersey is going to shock the world!" he declares at one event. The man is nothing if not passionately committed.

Booker is such a hands-on presence that it's no wonder residentspester him on a call-in talk show to get married. "We don't want theline to run out," a caller says.

But it's hard to watch "Brick City" and not think of the once-idealistic fictional mayor of Baltimore on "The Wire," who was forced by budget disasters and back-room pressures to cut deals that ended up damaging the lives of residents. That's not to imply that Booker has anything but the best of intentions: He seems like a very smart and capable man. But we don't get much of a sense of the larger elements that may conspire to undo his good works.

The filmmakers have disdained any talking-head interviews with experts or political commentators. That seems like a mistake in a film in which the chief of police says that even Newark's politicians find it hard to understand Newark politics.

Despite all that, I found "Brick City" to be quite lively and interesting. It is a vibrant portrait of a city's attempt to better itself, and it wisely doesn't over-rely on Booker's charismatic yet slightly geeky presence. 

The filmmakers had an inclusive approach: Community members and former gang members are shown doing outreach with kids in an attempt to ensure that the next generation has a better chance. One story line follows a Crip and a Blood who have an unlikely romance and encounter bumps in the road as they attempt to remake their lives. One older street veteran brings cakes to kids hanging on the streets (a full stomach may prevent a shooting, he says). As for Booker, he chats with a couple of 16-year-old girls about why they're on the streets after 1 a.m. and even hops out of his car to razz a resident about his support of a certain sports team.

Let's hope these filmmakers visit Booker and Newark in a couple of years, to see how all these energetic attempts to do the right thing worked out.

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Our critic gives all the reasons he loves the Monterey Jazz Festival.

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