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  • El Wall Street Journal Pinta Erróneamente A Los Puertorriqueños Como "Refugiados" En Su Propio País

    Los Puertorriqueños Son Enteramente Ciudadanos Americanos

    Blog ››› ››› CRAIG HARRINGTON English language version

    El Wall Street Journal advirtió que la crisis de deuda desplegada en Puerto Rico podría crear un "éxodo" de "refugiados puertorriqueños” a los Estados Unidos que votarían por los Demócratas y se aprovecharían de los beneficios públicos – completamente ignorando su estatus como ciudadanos americanos, con todo el derecho de vivir y trabajar en cualquier parte del país según deseen.

    El 2 de mayo, el New York Times informó que el gobierno de Puerto Rico no cumplió con el pago de $399 millones de dólares de una deuda total de $422 millones de dólares que tiene el país ante acreedores y tenedores de bonos. Según el Times, el gobierno de San Juan ya hizo cortes severos a los servicios públicos para millones de residentes de la isla, pero todavía no es capaz de reconciliar el déficit de los ingresos creado por una recesión prolongada que ha debilitado la economía puertorriqueña. Puerto Rico no será capaz de pagar sus obligaciones sin una intervención del Congreso que le permita reestructurar su deuda.

    En una columna del 2 de mayo, el Wall Street Journal hizo un llamado al Congreso a que ayude a Puerto Rico a cancelar y reestructurar su deuda, pero solo para evitar “una anarquía y un rescate financiero clandestino” que resultaría en “miles de puertorriqueños huyéndo a los Estados Unidos", donde dependerían de la "limosna de los servicios gubernamentales". El Journal dijo que la crisis de deuda podría resultar en un “éxodo” de “refugiados puertorriqueños” mudándose a otra parte de los EE. UU. y votando en las elecciones federales. El periódico especuló que si el Congreso actualmente controlado por los Republicanos no ayuda a la isla, se le otorgaría el voto puertorriqueño “a los Demócratas en los años venideros”. Traducido del Wall Street Journal (énfasis agregado):

    Un nuevo informe del Instituto de Estadísticas de Puerto Rico muestra que el éxodo de la población de la isla está acelerando con una cifra neta de 64,000 puertorriqueños mudándose a los EE. UU. en 2014. La mayoría son jóvenes – la media es 29 años y el sueldo $13,000 – buscando una vida mejor. Mientras muchos encontrarán empleo eventualmente en los EE. UU., sus sueldos inicialmente serán suficientemente bajos para calificar para Medicaid, vales de comida y vivienda pública. Sus hijos asistirán a escuelas públicas.

    Los refugiados puertorriqueños también podrán votar. En 2014, Florida (23,297) fue el destino más popular para los puertorriqueños seguido por Texas (5,019) y Pennsylvania (4,304). Virginia (1,664) y Ohio (1,553) se clasificaron como noveno y décimo. El Presidente Obama ganó Florida con un margen de aproximadamente 74,000 votos en 2012 – hay más de un millón de puertorriqueños viviendo en ese estado – y 537 votos decidieron la elección presidencial de 2000.

    Inactividad por parte del Congreso relegaría la isla a una parálisis económica, y le relegaría los votantes de Florida y Puerto Rico a los Demócratas en los años venideros. 

    La decisión de la junta editorial de desprestigiar a millones de ciudadanos americanos llamándoles "refugiados" es irresponsable.

    Puertorriqueños mudándose a otra parte de los Estados Unidos no son “refugiados”; son ciudadanos americanos, y se les otorgó de manera oficial la ciudadanía americana el 2 de marzo de 1917. Los derechos completos de ciudadanía se extendieron más tarde a “todas las personas que nacieron en Puerto Rico el día 11 de abril de 1899 o después de esta fecha.” Si algunos residentes de Puerto Rico eligen mudarse a través de los Estados Unidos en búsqueda de mejores oportunidades económicas, tienen todo el derecho de hacerlo.

    Millones de puertorriqueños están sufriendo de la confluencia entre la codicia corporativa y la mala gestión burocrática en la isla, como explica el Huffington Post. El programa de HBO Last Week Tonight también ha expuesto las circunstancias precarias creadas por el estatus de Puerto Rico como territorio estadounidense, en vez de un estado completamente incorporado, y destacó la importancia de ayudar a Puerto Rico a reestructurar su deuda.

    El Journal inspirando temores sobre los llamados ““refugiados” puertorriqueños” se ajusta al discurso que los medios de derecha impulsan sobre la supuesta amenaza que representan inmigrantes y refugiados. Las cadenas noticiosas de derecha suelen preocuparse de que los refugiados absorberán los recursos del gobierno, y de que los Demócratas usarán programas de beneficios del gobierno para inclinar las preferencias de los inmigrantes hispanohablantes hacia su lado. Pero la decisión del Journal de pintar a los puertorriqueños como “refugiados” – en vez de los ciudadanos americanos que son – está estableciendo un nuevo estándar de bajeza para los conservadores.

  • Alex Jones Celebrates Trump Victory By Telling George Will: “Blow What Little Is Left Of Your Brains Out”

    Jones Appears To Have Deleted The Video From His YouTube Account

    Blog ››› ››› ERIC HANANOKI


    Radio host Alex Jones, a top Donald Trump ally and leading conspiracy theorist, celebrated Trump’s likely clinching of the Republican nomination by calling on Trump critic George Will to kill himself.

    Jones is a conspiracy theorist who believes the government was behind the 9/11 attacks and other national tragedies including the Oklahoma City bombing and shootings in Aurora, CO, and Newtown, CT.Trump and his campaign have been courting Alex Jones and his audience. Trump appeared on Jones’ December 2 program and told Jones: “Your reputation's amazing. I will not let you down." Jones claimed he has private conversations with Trump and that the Republican front-runner "listens to what we say." Jones has also teamed up with Trump ally Roger Stone, who is a frequent guest on Jones’ program and is working with Jones for pro-Trump protests at the Republican National Convention. 

    In a rambling YouTube video posted on the night of Trump’s victory in the Indiana Republican primary (h/t Right Wing Watch's Brian Tashman), Jones proclaimed that Trump “is a symbol of nationalism, a symbol of Americana, and a symbol of rebellion against tyranny. And everything the political whores, the presstitutes could do, blew up in their stinking, traitorous faces.” The video appears to have since been removed from Jones' official YouTube account.

    Jones attacked media outlets like Fox News and CNN, claiming they feature “hot blondes crossing and uncrossing their legs, sexually titillating the teleprompter,” and said they have tried to throw the kitchen sink at Trump. 

    He also attacked Washington Post (which is “openly run by the CIA, look it up”) columnist George Will for his criticisms of Trump, calling Will “Ted Bundy” with a “cute little haircut … classic serial killer look.” Jones continued by claiming Will is a “constitutional rapist. This man is literally mounting America, raping it in the ass, and telling us how great he is.” He then directed Will to “look in the mirror, realize you’re a traitor, and do the right thing, and put a .357 Magnum to your head, and blow what little is left of your brains out all over yourself, OK? You traitor, you Benedict Arnold, you piece of filth.” 

    Jones warned his audience that the establishment may still try to “steal the election” from Trump, and said he’s going to be at the Republican National Convention in Cleveland with Roger Stone “to make sure the popular vote in this country counts."

    Jones later said Trump had picked up “our story” about Sen. Ted Cruz’s father supposedly being linked to John F. Kennedy assassin Lee Harvey Oswald. Jones said that observers had “major, major, major freak-outs” at Trump over the Cruz story.

    The conspiracy theorist also responded to Fox News host Greg Gutfeld’s assertion that Trump is pivoting into an "Alex Jones" presidency with his conspiracy theories. Jones claimed that he has a better reach than Fox News and other media outlets, and “my sponsorship’s exploding, my listenership’s exploding.”

    Jones concluded by literally applauding Trump supporters, telling them: “Congratulations to all the Trump supporters that saw through the hype. Congratulations to people who stood up to the Democrat and Republican system. Congratulations to everybody that understands how epic a time we’re living in. Whether Trump’s real or not doesn’t matter -- this is all a massive test of the will of the people. So I want to salute you, and understand we’re on the path to victory. … You are the resistance.” 

  • RedState Editors: With Trump As GOP Nominee, Senate Should Confirm Merrick Garland

    Blog ››› ››› MATT GERTZ

    Editors of the conservative RedState blog are warning that since Donald Trump is now the GOP’s presumptive nominee for president, Senate Republicans should move to confirm Supreme Court nominee Merrick Garland “before it is too late.”

    Redstate Managing Editor Leon H. Wolf, who has said that he will never vote for Trump, wrote in a May 4 post that Garland “is not a great choice, but is not a terrible one, either.” He continued that Senate Republicans should thus confirm Garland rather than allowing Hillary Clinton to name her own nominee after what he depicted as Trump's almost certain defeat in November. Fellow editors Ben Howe and Dan McLaughlin have also expressed support for the position. Wolf concluded:

    In fact, if I were the Republicans, my main concern right now would be that Barack Obama would withdraw Garland’s nomination today. The fact that Merrick Garland still exists as an option right now is a gift that should not be squandered.

    The calculus has changed – confirm Merrick Garland before it is too late.

  • Trump Tours Morning Shows To Hype Conspiracy Theory From National Enquirer

    Blog ››› ››› JULIE ALDERMAN

    Hours after he was declared the presumptive Republican presidential nominee, Donald Trump took to the broadcast network morning shows to defend a conspiracy theory from the National Enquirer, the tabloid with which Trump has a cozy relationship.

    Trump took a victory lap early on May 4 after Sen. Ted Cruz suspended his campaign and Trump was declared the presumptive GOP nominee, giving interviews on NBC’s Today and ABC’s Good Morning America. During the interviews, which took place over the phone, hosts asked Trump about a conspiracy theory he pushed from the National Enquirer, which claimed that Cruz’s father was linked to Lee Harvey Oswald three months before Oswald assassinated President John F. Kennedy. Trump had hyped the conspiracy theory on his May 3 phone-in appearance on Fox & Friends. During the May 4 interviews, Trump continued to push the conspiracy theory as “a major story in a major publication,” and he falsely claimed that the Cruz campaign “didn’t deny” the allegations.

    Reporters have slammed the conspiracy theory as “inflammatory,” and even conservative radio host Rush Limbaugh called it “kooky” and “absurd.”

    CNN’s senior media correspondent, Brian Stelter, pointed out that this is not the first time Trump has repeated “something from a highly questionable source as if it’s fact,” noting that the “Enquirer has a checkered history.” After the tabloid asserted on March 23 that Cruz was “hiding FIVE different mistresses,” Trump defended the publication, saying that while he had “no idea whether or not” the Cruz affair story “is true or not,” the National Enquirer was “right about O.J. Simpson, John Edwards, and many others.”

    Trump has a cozy relationship with the National Enquirer. In March, the publication gave the nod to Trump in its first ever presidential endorsement. Trump has also written for the tabloid on multiple occasions. According to New York magazine's Gabriel Sherman, Trump and David Pecker, the publisher of the National Enquirer, “have been friends for years.” In 2013, Trump tweeted that Pecker should become the CEO of Time magazine, writing, “nobody could bring it back like David!”

  • Trump Kicks Off General Campaign With Phone Interviews

    Blog ››› ››› BRENNAN SUEN

    Donald Trump phoned in to the morning news programs on ABC, MSNBC, NBC, and Fox News for interviews following his victory in the May 3 Indiana primary, which cemented his role as the presumptive Republican presidential nominee for the general election. Journalists and media critics have called out cable and broadcast news shows for allowing Trump this “shocking” “advantage,” and several programs -- including CBS’s morning show -- have banned the practice.

    Trump’s most recent round of phone interviews is only the latest example of a newly common type of media malpractice unique to the candidate. The practice of letting a presidential candidate largely eschew on-camera interviews in favor of phoning in is unprecedented in American politics. News networks have overwhelmingly allowed Trump -- and Trump only -- to call in to Sunday morning political talk shows. In total, Trump conducted 69 phone interviews on news programs in the first 69 days of 2016.

    In March, CBS This Morning and NBC’s Meet The Press announced they would no longer allow Trump to phone in for interviews, joining Fox Broadcasting Co.’s Fox News Sunday. During that same month, the six major broadcast and cable news networks allowed Trump to phone in for 39 of his 63 interviews. On ABC, NBC, MSNBC, and Fox News, more than half of Trump's interviews were conducted by phone.

    Media critics and prominent journalists have criticized the media’s willingness to grant Trump phone interviews, noting that the practice "is a signal of the extent to which the television cable networks contort themselves to accommodate Trump." Trump’s phone interviews have given him an obvious advantage over his rivals, allowing him to ignore hosts' visual cues and body language, dodge or shout over interviewers' questions, and avoid awkward confrontations.

    To sign Media Matters’ petition calling on media outlets to take away Trump’s special phone privilege, click here.

  • BuzzFeed’s Editor-In-Chief Slams Media For Giving Credence To Trump’s Lie He Opposed Invasion Of Iraq

    Blog ››› ››› MEDIA MATTERS STAFF

    BuzzFeed Editor-in-Chief Ben Smith lambasted media outlets and reporters for allowing GOP presidential front-runner Donald Trump to “lie to their face” about his opposition to the invasion of Iraq, ignoring the evidence showing that in 2002 Trump supported the invasion of Iraq.

    Donald Trump has repeatedly claimed throughout the GOP presidential primaries that he opposed the Iraq invasion, using his alleged opposition to attack his GOP rivals and Democratic front-runner Hillary Clinton. But BuzzFeed’s “Andrew Kaczynski unearthed an audio recording of [Trump] saying he supported” the invasion in 2002. Despite releasing audio evidence, media outlets, including “CNN, Fox, MSNBC, NBC, CBS, Bloomberg, the New York Times, and the Washington Post” have all either reprinted Trump’s lie, or allowed him to claim he opposed the invasion without pushback.

    Smith also highlighted how the media, led by the Times’ Maureen Dowd, have also added this “fake fact” into a “fake narrative” that Trump is more of a “dove” on foreign policy than Hillary Clinton, ignoring that Trump’s claim he opposed the invasion has been debunked, that he has has refused to rule out using nuclear weapons in the Middle East and Europe, and has floated military engagement with Iran.

    In his May 3 article, Smith implored media reporters to “stop letting [Trump] lie to their face about the most important policy call of the last 20 years,” writing, “Donald Trump did not oppose the invasion of Iraq” and “there’s no evidence that he’s ever been a ‘dove'”:

    One of the great stories of 2016 is how Donald Trump hacked the media: How he learned from the New York tabloids and The Apprentice; how he dictated terms to the weakened television networks; how he used Twitter and won Facebook.

    Those are complex questions that we will argue about for decades.

    Here is a simpler one: Could reporters stop letting him lie to their face about the most important policy call of the last 20 years?

    Donald Trump did not oppose the invasion of Iraq. Further, there’s no evidence that he’s ever been a “dove” — and a great deal that he’s been an impulsive supporter of military intervention around the world.

    We know this because BuzzFeed News’s intrepid Andrew Kaczynski unearthed an audio recording of him saying he supported it. You can listen to it above. The audio quality is clear.

    In the recording, made on Sept. 11, 2002, when it mattered, Howard Stern asked Trump whether he supported the invasion. His answer: “Yeah, I guess so.” On the war’s first day, he called it a “tremendous success from a military standpoint.”

    It was the most recent in a series of belligerent statements about Iraq. In 2000, he opined at length in his book how U.S. airstrikes did nothing to stop Iraq’s WMD programs and said it “is madness not to carry the mission to its conclusion” in the context of a new war. He said many times in the late 1990s and early 2000s George H.W. Bush should have toppled Saddam during the Gulf War.

    Trump’s opinions during that period have all the force and thoughtfulness of a man who isn’t paying much attention and whose opinion doesn’t matter. His support for the war is also totally unambiguous.

    And yet, since Kaczynski found the audio recordings, most of the leading American media organizations have either repeated Trump’s lie or allowed him to deliver it unchallenged. That includes CNN, Fox, MSNBC, NBC, CBS, Bloomberg, the New York Times, and the Washington Post.

    This fake fact is the basis for a fake narrative, crystallized in a Maureen Dowd column over the weekend christening “Donald the Dove.”

     

  • USA Today Gives Anti-LGBT Hate Group A Platform To Attack Target's Inclusive Bathroom Policy

    Blog ››› ››› ERIN FITZGERALD

    USA Today featured an op-ed by the president of anti-LGBT hate group American Family Association (AFA), who attacked Target's LGBT nondiscrimination policy for restrooms by peddling the widely debunked "bathroom predator" myth. USA Today failed to identify AFA as a recognized hate group to its readers.

    On May 2, USA Today published an op-ed by AFA President Tim Wildmon, titled "Why you should boycott Target," which was written in response to the editorial board’s opposition to laws that “perpetuate the myth that transgender people are predators.” AFA is the group responsible for launching a boycott against Target over the store's policy of allowing transgender people to use the bathrooms that correspond with their gender identity. In the column, Wildmon criticized Target's nondiscrimination policy, peddling the widely debunked myth that there is “potential danger” when men are able to access the women’s room:

    For the entirety of its history until recently, Target had bathrooms and fitting rooms designated for men and for women.

    Why? Why the distinction by Target and every other retailer in every civilized country?

    The answers are twofold and quite simple. First, the vast majority of people are uncomfortable using the bathroom while a stranger of the opposite sex is present. Second, most people understand the potential danger inherent in allowing men access to women and children in a private setting — where harassment, voyeurism or even abuse can occur.

    Wildmon also questioned the motives of transgender people, saying that they only want to "make a point" by using a restroom that aligns with their gender identity:

    Of course, there is a simple solution to this controversy for Target. Gender-specific facilities (men’s bathrooms/fitting rooms, women’s bathrooms/fitting rooms) would be maintained, and a single-occupancy, unisex option would be provided for the transgendered community. As someone has recently noted, a transgendered man, for example, who walks past a unisex restroom in order to enter the woman’s bathroom is not primarily interested in relieving himself. He wants to make a point.

    Like many other media outlets reporting on the Target boycott, USA Today failed to identify AFA as a hate group to its readers, even while giving the group a national platform. The AFA has been designated an anti-LGBT “hate group” by the Southern Poverty Law Center due to its history of anti-gay extremism, including blaming gay men for the Holocaust, supporting criminalization of gay sex, and asserting that being gay is a “poor and dangerous choice."

  • WSJ Falsely Labels Puerto Ricans As “Refugees” In Their Own Country

    Puerto Ricans Are Full American Citizens

    Blog ››› ››› CRAIG HARRINGTON Versión en español

    The Wall Street Journal issued a dire warning that the unfolding debt crisis in Puerto Rico could create an “exodus” of “Puerto Rican refugees” to the United States who would vote for Democrats and soak up public benefits -- completely ignoring their status as American citizens, with every right to live and work in whatever part of the country they wish.

    On May 2, The New York Times reported that the government of Puerto Rico defaulted on $399 million of a scheduled debt payment of $422 million owed to creditors and bondholders. According to the Times, the government in San Juan has already severely cut public services for millions of the island’s residents, but it is still unable to make up the revenue shortfall created by a prolonged recession that has sapped the Puerto Rican economy. Puerto Rico will be unable to repay its obligations without an act of Congress allowing the island to restructure its debt.

    In a May 2 editorial, The Wall Street Journal urged necessary congressional action to help Puerto Rico write-down and restructure its debt obligations, but it did so only to avoid “anarchy and a back-door bailout” that would result in “tens of thousands of Puerto Ricans flee[ing] to the mainland where they will land on the U.S. public dole.” The Journal said the debt crisis could result in an “exodus” of “Puerto Rican refugees” moving to another part of the United States and voting in federal elections. The paper speculated that if the Republican-controlled Congress did not assist the island, Puerto Rican votes would go “to the Democrats for years to come” (emphasis added):

    A new report by the Instituto de Estadísticas de Puerto Rico shows the island’s population exodus is accelerating with a net 64,000 Puerto Ricans moving to the U.S. in 2014. Most are young people—the median age is 29 and income is $13,000—seeking a better life. While many will eventually find jobs in the U.S., their incomes will at least initially be low enough to qualify for Medicaid, food stamps and public housing. Their kids will attend public schools.

    The Puerto Rican refugees will also be able to vote. In 2014, Florida (23,297) was the top destination for Puerto Ricans followed by Texas (5,019) and Pennsylvania (4,304). Virginia (1,664) and Ohio (1,553) ranked ninth and tenth. President Obama won Florida by about 74,000 votes in 2012—there are more than one million Puerto Ricans living in the state—and 537 votes decided the 2000 presidential election.

    A congressional default would relegate the island to economic paralysis, and Florida and Puerto Rican voters to the Democrats for years to come.

    The editorial board’s decision to slur millions of American citizens as “refugees” is irresponsible.

    Puerto Ricans moving to another part of the United States are not “refugees”; they are American citizens, and have been granted formal American citizenship since March 2, 1917. The full rights of citizenship were later extended to “All persons born in Puerto Rico on or after April 11, 1899.” If some residents of Puerto Rico choose to move throughout the United States in search of better economic opportunities for themselves and their families, they have every right to do so.

    Millions of Puerto Ricans are suffering from the island's confluence of corporate greed and bureaucratic mismanagement, as explained by the Huffington Post. HBO's Last Week Tonight has also exposed the precarious circumstances created by Puerto Rico’s status as a U.S. territory, rather than a fully incorporated state, and highlighted the importance of helping Puerto Rico restructure its debt.

    The Journal’s fearmongering about so-called “Puerto Rican refugees” fits the standard right-wing media trope about the supposed threat presented by immigrants and refugees. Right-wing outlets often worry that refugees will soak up government resources, and that Democrats will use government entitlement programs to curry favor with Spanish-speaking immigrants. But the Journal’s decision to paint Puerto Ricans as refugees -- rather than the American citizens they are -- may set a new low for conservatives.

  • USA Today Lets Extremist Gun Group Distort Merrick Garland’s Judicial Record

    Blog ››› ››› TIMOTHY JOHNSON

    USA Today gave a representative of extremist gun organization Gun Owners of America (GOA) a platform to smear Supreme Court nominee Merrick Garland. The group wrote a column distorting the facts on several U.S. Court of Appeals for the D.C. Circuit opinions to claim Garland “had 4 chances to vote against gun rights, and he took them all.”

    GOA is a far-right organization with past ties to anti-Semites and white supremacist groups and a leader, Larry Pratt, who has repeatedly suggested that politicians should fear being shot by a GOA supporter if they pass laws regulating firearms.

    In a May 1 column at USAToday.com, GOA general counsel Michael Hammond distorted Garland’s involvement in four cases decided before the D.C. Circuit, where Garland sits as chief judge, to claim Garland is “anti-gun.”

    In one case Hammond cited, Garland did not participate in the ruling, but rather took part in a vote to decide whether the entire D.C. Circuit should rehear the case, which would require the full panel of judges to consider it. According to legal experts, a judge’s vote to rehear or not rehear a case is not indicative of what the judge thinks the outcome of the case should be. Two of the cases Hammond cited were not actually decided on Second Amendment grounds and cannot be characterized as showing bias for or against gun rights. And in the fourth case he cited, Garland did not participate in the ruling and the case was not decided on Second Amendment grounds.

    Parker v. District of Columbia

    Hammond first attacked Garland for his participation in a vote related to Parker v. District of Columbia, a 2007 challenge to Washington, D.C.’s handgun ban. In a 2-1 panel decision -- which Garland did not participate in -- the D.C. Circuit reversed a lower court's decision upholding the ban, finding that D.C.'s law violated the Second Amendment.

    Following the ruling, Garland was one of four judges, including George H.W. Bush appointee Judge Raymond Randolph, to vote to have the entire D.C. Circuit rehear the case en banc. A majority of D.C. Circuit judges voted not to rehear the case, and it moved on to the Supreme Court, where it became the landmark Second Amendment decision District of Columbia v. Heller.

    The claim that Garland’s en banc vote in Parker means that he is "anti-gun" is a smear developed by the Judicial Crisis Network (JCN), a discredited right-wing group that is spending millions to oppose Garland's nomination. Numerous legal experts, however, have debunked the claim that an en banc vote is representative of how a judge would rule on the merits if the case were reheard.

    According to the Federal Rules of Appellate Procedure, an en banc rehearing “ordinarily will not be ordered unless” a full panel’s “consideration is necessary to secure or maintain uniformity of the court's decisions; or the proceeding involves a question of exceptional importance.” As PolitiFact noted, the Parker case satisfied both of those conditions.

    Seegars v. Gonzalez

    Hammond also attacked Garland for his involvement in a case preceding Parker that unsuccessfully challenged D.C.'s handgun ban. As in Parker, Garland did not participate in the decision in Seegars v. Gonzalez, but rather participated in a vote on whether to rehear the case en banc.

    The Seegars case was brought by a group of District of Columbia residents who argued that D.C.’s handgun ban and trigger lock laws violated their Second Amendment rights. In 2005, the D.C. Circuit ruled against the residents in an opinion authored by Reagan appointee Judge Stephen F. Williams.

    While the D.C. residents made a Second Amendment argument against D.C.’s gun law, the court never ruled on the merits of this argument. Instead, the court dismissed the case on procedural grounds, with the majority opinion finding that “under controlling circuit precedent no plaintiff has standing” to challenge D.C.’s handgun ban and trigger lock laws. The vote to rehear the case failed 7-3, with Garland voting against rehearing alongside D.C. Circuit judges appointed by Democrats and Republicans. Then-D.C. Circuit Chief Judge Douglas Ginsburg, a Reagan appointee, filed a concurrence in the denial to rehear the case. As in Parker, Garland’s vote does not indicate how he would have ruled on the merits of the case.

    National Rifle Association v. Reno

    Hammond also cited Garland’s joining of the 2000 decision National Rifle Association v. Reno as supposed evidence of “anti-gun” bias. As with his citation of the Parker case, Hammond’s attacks concerning NRA v. Reno originate from debunked talking points pushed by JCN.

    In Reno, the NRA claimed that the way the FBI's National Instant Criminal Background Check System (NICS) for gun purchases temporarily retained data on gun owners violated a federal prohibition on creating a registry of gun owners.

    On appeal, the NRA lost the decision, 2-1, with Garland joining Judge David S. Tatel's majority opinion, which ruled: “Finding nothing in the Brady Act that unambiguously prohibits temporary retention of information about lawful transactions, and finding that the Attorney General has reasonably interpreted the Act to permit retention of such information for audit purposes, we affirm the district court's dismissal of the complaint.”

    As with the Seegars case, the ruling was not decided on Second Amendment grounds. Rather, the case was one of statutory construction and interpretation, assessing whether the NICS system of temporary record retention was permissible under the language of the Brady Act and the Department of Justice’s interpretation of that act.

    Furthermore, no court accepted the NRA’s argument that the NICS system was tantamount to a gun registry. The NRA lost the case at the federal district court level, then again at the D.C. Circuit in the ruling Garland joined, before the then-conservative-leaning Supreme Court finally denied a request by the NRA to hear the case. In fact, Bush Attorney General John Ashcroft opposed the NRA’s request that the Supreme Court hear the case, writing that the D.C. Circuit decision Garland joined was “correct.”

    United States v. Burwell

    The last example Hammond cited as supposed evidence of Garland’s “anti-gun” bias was the 2012 decision United States v. Burwell, where the D.C. Circuit reheard a case involving a 30-year mandatory minimum sentence given to a man convicted of possessing a machine gun while committing a "crime of violence."

    At issue was whether the criminal defendant in that case, who had brandished a fully automatic AK-47 assault rifle during a series of bank robberies, knew that the firearm was capable of fully automatic fire (the gun in question was capable of both automatic and semi-automatic fire).

    A 2012 decision before the entire D.C. Circuit – after members of the court had voted to rehear the case en banc – affirmed the D.C. Circuit’s original decision in a majority opinion that upheld the defendant’s conviction.

    Garland joined the majority opinion authored by Judge Janice Rogers Brown, a George W. Bush appointee.

    Like with the Seegars and Reno cases, it is misleading to claim that the opinion here offers an indication of a judge’s view on gun rights because the case was not decided on Second Amendment grounds. Instead, the case was decided on statutory grounds: whether the sentencing minimum law required the prosecution to prove that the defendant knew whether the firearm used in a crime of violence was fully automatic.

    The ruling affirming the defendant’s conviction largely relied upon prior precedent within the D.C. Circuit -- a 1992 case called United States v. Harris. In that case, a panel of judges composed of Carter appointee Ruth Bader Ginsburg, George H.W. Bush appointee Clarence Thomas, and Reagan appointee Laurence H. Silberman issued a per curiam opinion that reached the same legal conclusion as the opinion Garland joined in the Burwell case.

  • Break Out The Popcorn: Bill Kristol Goes After WSJ Editorial Board Over Trump Support

    Blog ››› ››› MATT GERTZ

    Kristol and Trump

    The editor of one of the conservative establishment’s most influential magazines is now lashing out at the nation’s most prominent right-wing newspaper editorial board over whether conservatives should run a third-party candidate if Donald Trump is the Republican presidential nominee.

    With Trump on the verge of clinching his party’s nomination, the conservative movement is in shambles. Dozens of right-wing commentators have come forward to say that they will never vote for Trump, either due to his bigotry and authoritarian tendencies or because of his alleged progressive positions. Those conservatives have said they will stay home, vote for the Democratic candidate, or support a third-party candidate.

    Bill Kristol, the editor of the Weekly Standard and a prominent conservative activist who bears significant responsibility for Sarah Palin ending up on a national ticket, is part of that faction. In February, he said that he “would try to recruit a real conservative” to run an independent campaign if Trump became the Republican nominee.

    But a large group of conservatives are either openly rooting for the New York businessman or have come to terms with the likelihood that he will be their party’s standard-bearer.

    The Wall Street Journal’s editorial board joined that final group this morning, with a piece criticizing any effort to enlist a third-party candidate (Rupert Murdoch, the paper’s owner, has said that the party would be “mad not to unify” around Trump). The editors write:

    Readers know our doubts about Mr. Trump, on policy and as an autumn candidate. His nomination still isn’t guaranteed, and the polls show him badly trailing Mrs. Clinton, despite her many flaws. Third-party advocates say the right candidate would give conservatives an honorable alternative to Trump-Hillary. They say a third-party candidate could win enough states to throw the election into the House of Representatives, which would then presumably choose the non-Trump Republican.

    This isn’t impossible, but then again it almost never happens. The usual presidential result is that the party that splinters hands the election to the other, more united party. 

    The editors conclude that a third-party conservative candidate would be devastating to the party’s House and Senate candidates: “[D]ueling presidential candidates would put House and Senate Republican candidates in a perilous spot. Do they support Mr. Trump or the third-party conservative? If they are forced to choose, they could alienate enough GOP voters to ensure defeat.”

    Hours later, Kristol threw down the gauntlet at the Journal. Pointing to Trump’s “crazed” comments this morning linking Sen. Ted Cruz’s father to the assassination of John F. Kennedy, Kristol declared that “serious people, including serious conservatives, cannot acquiesce in Donald Trump as their candidate.”

    Kristol savaged the Journal for prioritizing “political prudence,” concluding that regardless of the political implications, “Donald Trump should not be president of the United States. The Wall Street Journal cannot bring itself to say that. We can say it, we do say it, and we are proud to act accordingly.”

    The Journal and Kristol may both be right: Giving conservatives no choice but to support Trump in the general election may be better for the party’s congressional candidates (though it also makes it impossible for them to distance themselves from their incredibly unpopular nominee). But supporting Trump in spite of what the Journal gingerly describes as their “doubts” about his candidacy is quite obviously an act of raw political cowardice.

    It’s only May, and the looming Trump candidacy is already dividing even the establishment’s stalwarts. Who knows what the next six months will bring. But it will surely be fun to watch from the outside.