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The New York criminal trial of former President Donald Trump is well underway, and recent testimony has shined a spotlight on an often-maligned practice of journalism: “catch-and-kill.” The practice, while having been used for years, has seen a resurgence in the headlines after testimony in the Trump trial by David Pecker, the former publisher of the tabloid magazine the National Enquirer.

While generally looked down upon by reporters at major news organizations, catch-and-kill journalism — and the overall practice of paying sources for stories — remains commonplace in the tabloid world. How does this practice work, why is it controversial and why is it at the heart of the Trump trial?   

What is catch-and-kill journalism?

It is the practice of “buying the exclusive rights to stories, or ‘catching’ them, for the specific purpose of ensuring the information never becomes public” by halting the story’s publication, otherwise known as “killing” it, The New York Times said. This technique is typically used by supermarket tabloids such as the aforementioned National Enquirer and Star. 

Paying for sources is not generally allowed by mainstream news organizations in the U.S. Reporters at The Washington Post “cannot accept payment from any person, company or organization that he or she covers,” according to the Post’s editorial standards, while the Society of Professional Journalists says that paying sources “undermines journalistic independence and integrity and threatens the accuracy of the information that is purchased.” However, in the world of tabloids, ethics are often blurry and “deciding what to publish and why is often a calculus that covers favors doled out and chits called in,” the Times said. 

What are some notable examples of catch-and-kill?

When reports of catch-and-kill instances do leak, they often dominate the headlines. In 2005, American Media Inc., which owns the National Enquirer, promised to “pay a woman $20,000 to sign a confidentiality agreement about an alleged affair” with then-California gubernatorial candidate Arnold Schwarzenegger, according to the Los Angeles Times. 

The woman in question “might have been in a position to embarrass Schwarzenegger in his bid for the governor’s office,” so American Media signed her to a deal in which she “must disclose to no one but American Media any information about her ‘interactions’ with Schwarzenegger.” The scandal caused a firestorm in the media when it occurred, though Schwarzenegger would eventually be elected governor. 

American Media, which is now called A360media, allegedly has a number of dedicated files on “various celebrities containing all of the dirt that they haven’t published on someone,” reporter Ronan Farrow said to NPR. In 2017, Farrow broke the news in The New Yorker of sexual assault allegations against Hollywood mega producer Harvey Weinstein. A360media often “don’t publish things because of an arrangement they broker with a powerful person,” Farrow said to NPR, as was the case with Weinstein and many others, he alleged. 

What does the Trump trial have to do with catch-and-kill?

Many of these tabloid catch-and-kills have involved the former president over the years, and Pecker testified about these instances during Trump’s trial. The most notable involved the National Enquirer “purchasing and killing a story about an alleged affair between Trump and former Playboy model Karen McDougal,” Rolling Stone said. Pecker testified that he spoke with Trump personally about the alleged affair when he was running for president and “suggested purchasing the story to get it off the market,” said Rolling Stone. 

“I said we should take this story off the market, and [Trump] said ‘let me think about it,’ and he said [Trump lawyer] Michael Cohen will call you in a couple of days,” Pecker testified in court, per Rolling Stone. American Media eventually paid $150,000 to McDougal, and when the story was killed, she “found that the contract she signed prohibited her from discussing her allegations publicly,” said Rolling Stone.

The Wall Street Journal first broke the news of the Trump-Enquirer scandal in 2016, just four days before the presidential election. Eight years later, Pecker now admits that catch-and-kill was a common practice of his tabloid. “We used checkbook journalism,” Pecker testified during Trump’s trial, per CNN, “and we paid for stories.” While the Enquirer’s use of the practice was an open secret for years, this was the “first time that Pecker has spoken publicly about the secret practice,” said CNN.