Originally Posted by Droneklax
Not to excuse the INS , but why would anyone think that it's OK to enter the US on a tourist visa and tell the INS you're going to work?
In 2004?
What matters is whether he would be remunerated in the US for his work - which clearly he wasn't. So he could definitely have entered "on business" on a visa waiver... (except of course that this does not apply to journalists...)