The Offense That Harvey Weinstein Can Never Be Convicted Of

By Jodi Kantor

Jodi Kantor has been reporting on Harvey Weinstein since 2017, when she and Megan Twohey revealed decades of abuse allegations against him.

For the first time in years, there is a chance that Harvey Weinstein could walk free.

His New York conviction for sex crimes was overturned on Thursday. Manhattan's district attorney says he wants to retry Mr. Weinstein, but that seems, at most, a maybe. The former film producer still has a long sentence to serve in Los Angeles, though next month he is expected to appeal that conviction on grounds similar to those that were successful in New York. His lawyer is the same one who got Bill Cosby's conviction tossed out.

Many of Mr. Weinstein's accusers say they are horrified. Even some of the seven judges who participated in the decision were outraged. The majority — ruling that his trial was unfair because it introduced witnesses separate from the central charges — prevailed by a single vote, 4 to 3. The dissenting judges described that decision as "oblivious," "naïve" and "endangering decades of progress." They have joined a roiling debate about what the standard of evidence in sex crimes trials should be.

But criminal convictions have never seemed like the ultimate measure of Mr. Weinstein's behavior. Whether he remains a felon or not, he can never be tried for the most overarching offense he is accused of.

That is because, at its core, the Weinstein story — along with its greatest impact — is all about work.

"A lot of these stories are about what's been lost career-wise, and there's no criminal remedy that is going to get at that," Deborah Tuerkheimer, a law professor at Northwestern, said in an interview.

Back when Mr. Weinstein was at the height of his power, he had many gifts as a producer. But where he stood above others was in his ability to make careers. He hired and molded Matt Damon, Michelle Williams, Jennifer Lawrence, Quentin Tarantino and some of the most successful producers working today. He invented the Oscar campaign as we know it. At those awards, he was thanked more often than God.

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