Date: Tue, 14 Aug 2007 06:33:43 -0400 From: "The Dean of Cincinnati" <jasonhaap@gmail.com> To: Jason Zengerle <jzengerle@tnr.

com> Subject: media inquiry - updated version (Please discard the previous email, and refer to this one instead. Hello Jason, I'm sure you remember contacting me for help when you were developing your article about Dr. Henry Heimlich. I'm developing an article for the Beacon about your recent TNR article "The Choke Artist," and would appreciate your answers to the following questions. 1) Did you interview Dr. Victoria Wulsin? 2) Did you interview Tom Powell, who's named in Dr. Wulsin's Heimlich Institute report? 3) Did you interview Dr. James Kublin? 4) Did you interview any immunologists and/or HIV specialists? If so, who? 5) What was the date you interviewed Dr. Heimlich at his home in which he "opened his last binder, which was marked 'confidential', and pulled out two sheets of paper," etc. According to a recent interview you did with Kate Marsh: "A few years ago my wife, who at the time was in med school, was doing some HIV work in Africa and she heard from some colleagues over there about Henry Heimlich and how he had this idea about malariotherapy which was treating HIV by intentionally infecting people with malaria and she came back and told me about it." 6) When and where was your wife doing this work in Africa? What kind of HIV work was she doing? Who was her employer? 7) Has your wife ever had any contact with Dr. Heimlich, Dr. Wulsin, Tom Powell, Dr. Ronald Sacher, Phil Heimlich, Eric Spletzer, Joe Dehner, Michele Ashby, Mekbib Wondewassen, or anyone else associated with Dr. Heimlich or the Heimlich Institute? 8) Has your wife ever been involved in any way with "malariotherapy"? 9) Prior to publication, was Franklin Foer fully aware of your wife's professional history as it relates to the issues reported in your article? 10) In a November 10, 2005 e-mail to Peter Heimlich, you said your editor at the New Yorker asked you to contact Peter to find out if he'd be willing to go on the record about health problems in his family. Was that editor Amy Davidson? If not, who was the New Yorker editor who asked you to pursue the matter? I may have follow-ups. Thanks, Jason, and looking forward to your reply! Sincerely, Jason A. Haap MA The Cincinnati Beacon Thanks!)

In a follow-up phone call by Haap, Zengerle refused to answer any questions, so Haap wrote to TNR editor Franklin Foer Date: Tue, 11 Sep 2007 06:44:57 -0400 From: "The Dean of Cincinnati" <jasonhaap@gmail.com> To: ffoer@tnr.com Subject: media inquiry Franklin Foer, Editor The New Republic Dear Mr. Foer, I'm reporting a story about Jason Zengerle's article, "The Choke Artist: Who are the Mysterious Critics Hunting Henry Heimlich?," published in the April 23, 2007 issue of your magazine. Recently Mr. Zengerle told me he will not answer my questions. Therefore would you please provide me with the name and e-mail address of his supervising editor? Thanks and I look forward to receiving the information. Sincerely, Jason A. Haap MA The Cincinnati Beacon No reply, so Haap sent a follow-up, copied to Tom Strike at CanWest, the Canadian media conglomerate which at the time owned TNR. Mr. Strike's division was responsible for TNR. Date: Fri, 14 Sep 2007 16:20:35 -0400 From: "The Dean of Cincinnati" <jasonhaap@gmail.com> To: ffoer@tnr.com Subject: 2ND REQUEST, PLEASE ADVISE Cc: TStrike@canwest.com Franklin Foer, Editor The New Republic Sent via e-mail and faxed to: (202)628-9383 Dear Mr. Foer, I'm reporting a story about Jason Zengerle's article, "The Choke Artist: Who are the Mysterious Critics Hunting Henry Heimlich?," published in the April 23, 2007 issue of your magazine. Recently Mr. Zengerle told me he will not answer my questions. Therefore would you please provide me with the name and e-mail address of his supervising editor? Thanks and I look forward to receiving the information. Sincerely, Jason A. Haap MA The Cincinnati Beacon cc: Tom Strike, President Corporate Development and Strategy Implementation CanWest Global Communications Sent via e-mail and faxed to: (204)947-9841

From: Frank Foer <ffoer@tnr.com> Date: Sep 14, 2007 9:43 PM Subject: RE: 2ND REQUEST, PLEASE ADVISE To: The Dean of Cincinnati <jasonhaap@gmail.com>, Jason Zengerle <jzengerle@tnr.com> Thanks for getting in touch, I'm Jason's editor. As a matter of policy, we don't discuss the identity of off-the-record sources who contributed to our articles. If you have factual questions about his reporting, we'd be pleased to help resolve them. Frank Foer Date: Sun, 16 Sep 2007 07:31:41 -0400 From: "The Dean of Cincinnati" <jasonhaap@gmail.com> To: ffoer@tnr.com Subject: media inquiry Cc: TStrike@canwest.com Dear Mr. Foer, Thank you for your reply and for the information regarding your magazine's editorial policy. Before proceeding, please advise if The New Republic subscribes to a professional journalism code of ethics. If so, please provide me with a copy. Thanks again and I look forward to your reply. Sincerely, Jason A. Haap MA The Cincinnati Beacon cc: Tom Strike From: Frank Foer <ffoer@tnr.com> Date: Sep 17, 2007 8:27 AM Subject: RE: media inquiry To: The Dean of Cincinnati <jasonhaap@gmail.com> If you have any specific questions, I'd be pleased to answer them. All best, Frank Foer Date: Tue, 25 Sep 2007 17:01:30 -0400 From: "The Dean of Cincinnati" <jasonhaap@gmail.com> To: ffoer@tnr.com Subject: media inquiry Cc: TStrike@canwest.com Dear Mr. Foer, Thanks for your offer to answer my questions. Please see the attached letter. I'm on deadline so I'd welcome a quick heads-up indicating when I may expect your answers. Thanks and I look forward to your reply. Sincerely, Jason A. Haap MA The Cincinnati Beacon cc: Tom Strike, CanWest

ATTACHED LETTER:
September 25, 2007 Franklin Foer, Editor The New Republic 1331 H Street, NW Suite 700 Washington, DC 20005 Sent via e-mail and faxed to: (202)628-9383 Dear Mr. Foer, Thanks for your offer to answer my questions. From a recent audio interview conducted by TNR managing editor Katherine Marsh with senior editor Jason Zengerle about his April 23, 2007 article, The Choke Artist: Who are the Mysterious Critics Hunting Henry Heimlich?: Marsh: We're talking about Jason Zengerle's fabulous story "The Choke Artist" about Henry Heimlich. Jason, one of the things I'm sort of interested in finding out is what attracted you to Heimlich's story and how you became interested in it in the first place? Zengerle: Well, a few years ago my wife who at the time was in med school was doing some HIV work in Africa and she heard from some colleagues over there about Henry Heimlich and how he had this idea about malariotherapy which was treating HIV by intentionally infecting people with malaria and she came back to the states and told me about that and I just thought, first of all, I didn't even realize that there was such a person as Henry Heimlich. Mr. Zengerle's TNR article does not disclose any of this information. From his article: (According) to a public health physician who has worked on AIDS in East Africa and has knowledge of Heimlich's latest project, the study site is in Ethiopia. 1) Is this "public health physician" Mr. Zengerle's wife, Claire Farel MD? 2) Prior to the publication of Mr. Zengerle's article, were you aware of his wife's HIV research in Africa, her work with African malaria patients, and her interests in ethical clinical research, all of which intersect with her husband's article about Dr. Heimlich? If so, why did you choose to withhold that information from your readers? From Mr. Zengerle's article: Eminent immunology experts, such as the director of the National Institute for Allergy and Infectious Diseases, Anthony Fauci, dismissed Heimlich's idea as "quite dangerous and scientifically unsound." Since this quote is unattributed, readers might surmise that Mr. Zengerle interviewed Dr. Fauci. In fact, the quote comes from a 1994 Los Angeles Times article, published 13 years before Mr. Zengerle's New Republic article. 3) Did Mr. Zengerle interview Dr. Fauci or any of his wife's other colleagues and co-authors at the National Institutes of Health? If so, what are their names? 4) What is a reporter's obligation to disclose to your readers that a reporter used his spouse as a source? 5) What is a reporter's obligation to disclose to your readers that his spouse's work is closely related to subject of his article? Presumably you're aware that Mr. Zengerle's Heimlich article was originally contracted by The New Yorker approximately three years ago. According to e-mails written by Mr. Zengerle, New Yorker editors rejected his article shortly after the publication of Outmaneuvered, Parts I & II by Thomas Francis in Radar Magazine on November 10-11, 2005. Mr. Zengerle informed a source that in 2006, he submitted his article to a number of other publications that also rejected it. 6) Prior to publishing Mr. Zengerle's article, did he make you aware of the full list of publications that rejected his Heimlich story?

7) Prior to publishing Mr. Zengerle's article, which of the following articles were you aware of? Heimlich Falsely Claims He Invented Surgical Procedure by Robert Anglen, Cincinnati Enquirer, March 16, 2003 Conference Uninvites Doctor Advocating Malaria Therapy for AIDS by Anita Wadhwani, Nashville Tennessean, October 30, 2004 Family Ties Unraveling: Henry Heimlich Faces Firing Squad of Criticism from Surprising Source by Dan Monk and Andrea Tortora, Cincinnati Business Courier, January 21, 2005 Anti-Fraud Group: Is there Blood on the Heimlich Award Committee’s Hands? The Cincinnati Beacon, January 28, 2005 Outmaneuvered, Parts I & II by Thomas Francis, Radar Magazine, November 10-11, 2005 The Heimlich Maneuvers by Linda Vaccariello, Cincinnati Magazine, December 2005 Congressional Candidate Tied to Improper Human Experiments, Consumer Health Digest, October 11, 2006 Red Cross Reverses Policy on Choking Aid by Abram Katz, New Haven Register, October 23, 2006 Heimlich Family Feud: Commissioner Offers to Settle 'Defamation' Claim by Kevin Osborne, Cincinnati CityBeat, November 1, 2006 NCAHF Files Complaint, WTF Blog Uploads Docs - Bad Day for Vic Wulsin by Jason A. Haap, The Cincinnati Beacon, November 3, 2006 Red Cross Revises Tips on Helping the Choking by Misti Crane, Columbus Dispatch, November 5, 2006 Maneuvering Over Heimlich by Lenore Skenazy, New York Sun, February 21, 2007 (syndicated via Creators Syndicate) 8) Did someone other than Mr. Zengerle fact-check his article? If so, who was it? Mr. Zengerle's article includes an interview with Dr. Henry Heimlich: "Now I will tell you about the malariatherapy, or immunotherapy as we now call it, in Africa." He began to read from one of the sheets. "The Heimlich Institute has been collecting CD4 and viral load data on patients who are HIV-positive and have become infected with malaria. This data will provide support for the concept of using malariatherapy for treating HIV infection." 9) What was the date of this interview? In my September 16, 2007 e-mail to you, I asked you the following question, which you failed to answer in your September 17, 2007 reply. I'm resubmitting my question. 10) Does The New Republic subscribe to a professional journalism code of ethics? If so, please provide me with a copy. Please advise when I may expect to receive your answers. I may have follow-up questions. Thanks and looking forward to your reply. Sincerely, Jason A. Haap The Cincinnati Beacon http://cincinnatibeacon.com cc: Tom Strike, President Corporate Development and Strategy Implementation CanWest Global Communications Sent via e-mail and faxed to: (204)947-9841

From: Frank Foer <ffoer@tnr.com> Date: Oct 1, 2007 10:15 AM Subject: RE: media inquiry To: The Dean of Cincinnati <jasonhaap@gmail.com> Cc: Jason Zengerle <jzengerle@tnr.com> Like I said, we aren't in the business of identifying our sources. But I can assure you that Jason didn't use his wife as a source. That would be contrary to TNR policy. Let me know if there's anything else that I can answer.

From: "The Dean of Cincinnati" <jasonhaap@gmail.com> To: ffoer@tnr.com Subject: media inquiry Cc: TStrike@canwest.com Sent via e-mail and faxed to: (202)628-9383 Mr. Foer, I contacted you after Mr. Zengerle refused to answer my questions. You then offered to answer my questions. I then sent you my questions, all of which are straightforward, on point, basic journalism questions regarding the reporting and editing of Mr. Zengerle's article. Your reply today ignored all but one of my questions. Among other questions, you failed to answer whether his article was even fact checked. You also failed to answer a question as basic as what was the date of an interview Mr. Zengerle conducted with Dr. Heimlich. Further, your reply contradicts Mr. Zengerle. You wrote, "I can assure you that Jason didn't use his wife as a source." Per my September 25 letter (attached), Mr. Zengerle stated in his audio interview with TNR managing editor Katherine Marsh that he used his wife as the source who originally alerted him to the Heimlich story. I have made all good faith efforts to provide opportunities for you and Mr. Zengerle to answer my questions. If you require more time, please respond by the end of the week with an indication of when I may expect to receive your answers. If I don't hear from you, I'm going to print stating Mr. Zengerle refused to answer any questions and that you refused to answer most questions. Sincerely, Jason A. Haap MA The Cincinnati Beacon cc: Tom Strike, CanWest Sent via e-mail and faxed to: (204)947-9841

From: Frank Foer <ffoer@tnr.com> Date: Oct 2, 2007 6:03 PM Subject: RE: media inquiry To: The Dean of Cincinnati <jasonhaap@gmail.com> Answering many of the questions you asked would require us to reveal information about anonymous sources and our internal editorial processes— which we do not do as a matter of policy. But in response to those of your questions that we are able to answer: Jason's wife was not a source for the story, as there is a significant difference between a person who gives a journalist the original idea for a story and a person who then serves as a source of information for that journalist during the active reporting of the story. The article was factchecked by a member of our editorial staff (writers are not permitted to factcheck their own work). I was aware that there had been other coverage of the Heimlich story, and Jason's article actually makes reference to some of that other coverage. I was also aware that Jason's article had been rejected by several other publications--and was in fact grateful that it had been since I was excited for TNR to run it. It is a masterful piece of writing and reporting.

Date: Sat, 6 Oct 2007 10:56:11 -0400 From: "The Dean of Cincinnati" <jasonhaap@gmail.com> To: ffoer@tnr.com Subject: media inquiry Cc: TStrike@canwest.com Sent via e-mail and faxed to: (202)628-9383 Mr. Foer, Thank you for answering some of my questions. However, you failed to answer the following questions, none of which involves anonymous sources or The New Republic's internal editorial processes. These are all legitimate, short-answer questions about on the record information, editorial oversight, disclosure, and editorial policy. I've renumbered and slightly revised my previous questions. Mr. Zengerle's article includes this on the record interview with Dr. Henry Heimlich: Now I will tell you about the malariatherapy, or immunotherapy as we now call it, in Africa." He began to read from one of the sheets. "The Heimlich Institute has been collecting CD4 and viral load data on patients who are HIV-positive and have become infected with malaria. This data will provide support for the concept of using malariatherapy for treating HIV infection. 1) What was the date of this on the record interview? From the recent audio interview conducted by TNR managing editor Katherine Marsh: Marsh: We're talking about Jason Zengerle's fabulous story "The Choke Artist" about Henry Heimlich. Jason, one of the things I'm sort of interested in finding out is what attracted you to Heimlich's story and how you became interested in it in the first place? Zengerle: Well, a few years ago my wife who at the time was in med school was doing some HIV work in Africa and she heard from some colleagues over there about Henry Heimlich and how he had this idea about malariotherapy which was treating HIV by intentionally infecting people with malaria and she came back to the states and told me about that and I just thought, first of all, I didn't even realize that there was such a person as Henry Heimlich. 2) Prior to the publication of his article, were you aware of this information, yes or no?

3) Does the New Republic have a policy regarding a reporter's obligation to disclose to your readers that his spouse's work is closely related to the subject of his article, yes or no? 4) Does the New Republic have a policy regarding a reporter's obligation to disclose to your readers that** a reporter used his spouse as a source, yes or no? 5) Does The New Republic subscribe to a professional journalism code of ethics, yes or no? If you answer yes to questions 3,4,or 5, please provide me with a copy of these policies. This is my third and final attempt to obtain your answers. If you require more time to respond, please advise with an indication of when I may expect to receive your answers. Otherwise I look forward to receiving your answers by Wednesday 10/10. If I don't receive your answers, I will go to print stating you refused to respond to multiple inquiries. Finally, from Mr. Zengerle's article: (According) to a public health physician who has worked on AIDS in East Africa and has knowledge of Heimlich's latest project, the study site is in Ethiopia. Based on your e-mails of 10/1 and 10/2 below, my understanding is that you have reviewed Mr. Zengerle's notes and that you are on record that the "public health physician" in the above sentence is not Mr. Zengerle's wife, Claire Farel. If my understanding is incorrect, please advise promptly. I look forward to your reply. Sincerely, Jason A. Haap The Cincinnati Beacon cc: Tom Strike, CanWest

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