The director, Charles Ferguson, said in a lawsuit that an executive was concerned about the “negative reaction it would provoke among Trump supporters and the Trump administration.”“Watergate,” a four-hour documentary examining the scandal that ended Richard Nixon’s presidency, had its world premiere in 2018 at the Telluride Film Festival, an event known to foretell future Oscar nominations. It went on to be shown at the New York Film Festival and several others, collecting positive reviews that highlighted allusions the series made to the Trump presidency.It aired on the History Channel over three days in early November, just before the 2018 midterm elections. To the filmmaker’s surprise, it was never broadcast on American television again.The writer and director of the documentary, the award-winning filmmaker Charles Ferguson, is now suing the company that owns the History Channel, A&E Networks, asserting it suppressed the dissemination of his mini-series because it was worried about potential backlash to allusions the documentary makes to the Trump White House.In the lawsuit filed Friday in State Supreme Court in Manhattan, Mr. Ferguson accuses the company of attempting to delay the documentary until after the 2018 midterm elections because a History Channel executive feared it would offend the White House and Trump supporters.“He was concerned about the impact of ‘Watergate’ upon ratings in ‘red states,’” the lawsuit said of the executive, Eli Lehrer, “as well as the negative reaction it would provoke among Trump supporters and the Trump administration.”Mr. Ferguson resisted that plan, and the mini-series ultimately aired shortly before Election Day. But the filmmaker contends the documentary was given short shrift, despite acclaim in the film industry and previous assurances that it would receive “extremely prominent treatment.”The lawsuit describes the treatment of the documentary as part of a “pattern and practice of censorship and suppression of documentary content” at A&E Networks, and cites several others that it says were subject to attempted manipulation for political or economic reasons.A&E called the lawsuit meritless and the assertion that the documentary was suppressed “absurd,” saying its decision to not rebroadcast it additional times was based on lower than expected ratings.In a statement, the company said it has routinely given a platform to storytellers “to present their unvarnished vision without regard for partisan politics.” It pointed to its partnership with former President Bill Clinton, formed during the Trump administration, to produce a documentary series about the American presidency and the fact that a subsidiary, Propagate, had produced the four-part docu-series “Hillary,” on the life of Hillary Clinton.“A&E invested millions of dollars in this project and promoted it extensively,” the company said of “Watergate” in its statement. “Among other efforts, we hired multiple outside PR agencies, provided advance screeners to the press, and submitted it to film festivals and for awards consideration.”Charles Ferguson, whose film “Inside Job” won an Oscar in 2011, says that A&E Networks did not fulfill a promise to fully promote his documentary on the Watergate scandal.Associated PressMr. Ferguson’s “Watergate” is a deep dive into events set off by the 1972 break-in at the Democratic National Committee headquarters and the cover up by the Nixon administration. It includes interviews with people who were involved in the events — such as John Dean, President Nixon’s White House counsel — as well as reporters who covered them, including Bob Woodward, Carl Bernstein and Lesley Stahl. The New York Times’s co-chief film critic, A.O. Scott, wrote that the documentary tells a story that is “part political thriller and part courtroom drama, with moments of Shakespearean grandeur and swerves into stumblebum comedy,” though other reviews panned the film’s re-creations by actors.Mr. Ferguson, who is best known for his Oscar-winning 2010 documentary “Inside Job,” said that when he started pitching the project in 2015, he imagined it as a straightforward “historical detective story.” But, the suit says, a drumbeat of events involving the Trump administration made him realize the documentary’s renewed political relevance. In 2017, he watched as Mr. Trump fired his F.B.I. director, as the Justice Department appointed a special counsel to oversee the investigation into ties between President Trump’s campaign and Russian officials, and as the potential for impeachment loomed.The series — which Mr. Ferguson said cost about $4.5 million to produce — does not mention Mr. Trump’s name, but the documentary’s subtitle, “How We Learned to Stop an Out of Control President,” was a nod toward his administration.The lawsuit hinges on a conversation between Mr. Ferguson and A&E executives in June 2018, before the film was released. According to the lawsuit, Mr. Lehrer, executive vice president and head of programming at the History Channel, said at that meeting that he would seek to delay the premiere of “Watergate” and “sharply lower” its publicity profile, expressing concern about its relevance to the politics of the moment and the reaction it would provoke from the Trump administration and Trump supporters.Mr. Ferguson has worked to collect pieces of evidence to support his contentions, among them an email he provided to The New York Times in which Mr. Lehrer acknowledged discussing the bipartisan nature of the network’s audience. In the email, Mr. Lehrer also denied the network was trying to suppress the documentary, writing that the rationale for exploring different airdates was to avoid the series getting swallowed up by heavy sports programming and election coverage.Mr. Ferguson’s contract did not specify how many times the network would show the documentary or whether it would receive theatrical distribution, though successful ones are typically broadcast multiple times.Nielsen ratings from the time show that “Watergate” earned only 529,000 viewers when it aired, including seven days of delayed viewing, compared to History Channel’s other multi-episode documentaries like “Grant” which bowed in May to 4.4 million viewers, or “Washington,” which drew an audience of 3.3 million in February 2020.Had the ratings been stronger, A&E says, it would have broadcast the series multiple times and it would have had a greater chance of securing additional licenses either with a streaming service or with international distributors.“The fact is that Watergate, which premiered in prime time on Mr. Ferguson’s desired date, drastically underachieved in the ratings, which was disappointing to all of us,” the company said in its statement.Mr. Ferguson’s documentary chronicles the aftermath of the break-in at the headquarters of the Democratic National Committee, which started the downfall of the Nixon presidency. Associated PressBut the lawsuit says A&E Networks damaged Mr. Ferguson financially by, among other things, failing to make any “meaningful” distribution deals or arrange for advertising outside of the network. It says Mr. Ferguson traded a lower-than-normal director’s fee in his contract for a higher cut of the royalties, believing that if the documentary was successful, the majority of the viewership revenue would stem from sales to streaming services, foreign cable channels and other customers.One of the A&E executives named as a defendant, Michael Stiller — the vice president of programming and development at the History Channel — had told Mr. Ferguson that there would be rebroadcasts and required him to make slightly shorter versions of the episodes for daytime slots, but those never occurred, according to the lawsuit.The company noted the documentary is available on several services, which include iTunes, Amazon Prime Video and Google Play, including its own video-on-demand platform, History Vault.Mr. Ferguson’s lawsuit argues that the company executives interfered with his contract, and defamed him by telling industry executives he was difficult to work with, thereby costing him work. In addition to Mr. Lehrer and Mr. Stiller, the other named defendants include Robert Sharenow, the network’s president of programming, and Molly Thompson, its former head of documentary films. Ms. Thompson declined to comment. Mr. Lehrer, Mr. Stiller and Mr. Sharenow did not respond to requests for comment.The lawsuit cites several examples where Mr. Ferguson said he learned about conflicts between A&E executives and documentary filmmakers, including a dispute concerning “Gretchen Carlson: Breaking the Silence,” a 2019 documentary on Lifetime about sexual harassment in working-class industries. The suit says A&E executives questioned including information about McDonald’s, an advertiser. The information was ultimately included after the producers fought for it, but the episode was only aired once, on a Saturday at 10 p.m., the lawsuit said. A spokeswoman for Ms. Carlson declined to comment.The lawsuit also says Mr. Ferguson learned about a dispute regarding a 2019 A&E documentary called “Biography: The Trump Dynasty” that examines Mr. Trump’s life and family history. According to the lawsuit, A&E executives wanted the production company behind the documentary, Left/Right Productions, to add in the voice of a “Trump apologist” who could “justify” aspects of Mr. Trump’s background, a request that the suit says generated “significant tensions” between the network executives and the production company executives.Left/Right, which works with The New York Times on some documentary productions, did not respond to requests for comment. The Times did not have a role in any of the programming cited in Mr. Ferguson’s suit.Jack Begg contributed research. More
