Trump Supporters Are Using Fox’s Contrived New Black Panther Scandal From 2010 To Defend His “Rigged Election” Claim

Conservative media and Republican presidential nominee Donald Trump’s presidential campaign are revisiting the debunked right-wing media pseudo-scandal of voter intimidation by the New Black Panther Party to defend Trump’s assertion that “large scale voter fraud” will affect the election.

After the 2008 election of President Barack Obama, a video went viral of two members of the New Black Panther Party standing outside a Philadelphia polling station on Election Day. One was a registered Democratic poll watcher; the other held a nightstick. Under President George W. Bush, the Department of Justice (DOJ) opened an investigation into the incident after Republican poll watchers complained (no voters ever alleged that they were intimidated by the men). Later, under Obama’s administration, the DOJ obtained a default judgment against the member carrying the nightstick and dropped the case against the poll watcher, the organization, and its leader.

Bush’s U.S. Commission on Civil Rights, which at the time was packed with conservative activists, responded to the conclusion of the case by opening an investigation, even though the Republican vice chairwoman of the commission called the case “very small potatoes” and criticized the “overheated rhetoric filled with insinuations and unsubstantiated charges.” Nevertheless, J. Christian Adams, an activist Republican member of the commission, went on a lengthy crusade against Obama’s Justice Department for dropping the charges, resigning and claiming the decision showed unprecedented, racially charged corruption.

Adams found a friendly and eager platform for his position in Fox News, particularly with host Megyn Kelly. In 2010, Fox News devoted at least 95 segments and more than eight hours of airtime in two weeks to the phony scandal, including more than 3.5 hours on Kelly’s America Live. Adams admitted that he had no first-hand knowledge of the conversations leading to the decision.

One year later, an internal investigation at the Justice Department found that “politics played no role in the handling” of the case and that “department attorneys did not commit professional misconduct or exercise poor judgment.” Fox News spent only 88 seconds covering the debunking of a phony scandal of its own creation. Kelly spent only 20 seconds of her show covering the report.

But the damage was already done, and the obsessive coverage of the non-event has bubbled back up in the 2016 presidential election.

On October 17, Trump tweeted, “Of course there is large scale voter fraud happening on and before election day.” As they tried to play defense for their candidate, right-wing media figures invoked the faux New Black Panther scandal. CNN’s paid Trump surrogates Kayleigh McEnany and Scottie Nell Hughes got in on the action, with McEnany claiming that Trump “doesn’t want a scenario where there's New Black Panthers outside with guns, essentially like intimidating people from coming into the polls” and Hughes saying that “voter suppression happened when the Black Panthers stood outside the election room.” (CNN’s Kristen Powers retorted, “There was not a single complaint from a single voter.”)

Conservative radio hosts joined in, with Mike Gallagher asserting that “in Philadelphia we know all about the New Black Panther movement and what they did in Philadelphia at the polling places,” and Howie Carr accusing the Obama administration of “refus[ing] to prosecute” them for “roaming outside polling places, precincts in Philadelphia with baseball bats and threatening white people.”

Key figures in creating the scandal have also resurfaced to defend Trump’s voter fraud narrative. Fox & Friends hosted J. Christian Adams to push the myth that “dead people are voting … and it’s going to affect the election” (in reality, claims of dead voter fraud are “plagued by recurring methodological errors” and actual instances of this kind of fraud are exceedingly uncommon). The Trump campaign also hired Mike Roman as head of a “nationwide election protection operation.” Roman is a Republican political consultant who shopped the 2008 video to Fox News, worked with Adams to push the scandal, and offered to contact every Republican voter in the Philadelphia precinct to determine if any were intimidated at the polling location.

The New Black Panther Party pseudo-scandal’s resurgence is only the latest example of how obsessive right-wing coverage of a comprehensively debunked myth, followed by scant coverage of news that does not fit the narrative, can allow a myth to pass as truth for years. Fox’s infatuation with Benghazi still continues to this day and, like the New Black Panther Party issue and other myths, it is frequently revived to attack Democratic presidential nominee Hillary Clinton or bolster ridiculous assertions by Trump. By bringing the overblown and debunked New Black Panther story back into the mainstream, Trump backers in the media are grasping at straws to defend his rigged election nonsense.