CNN's Errol Louis: Right-Wing Talk Radio Have Already "Convicted" Clinton Over Emails Regardless Of Facts
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Conservative Media Conspiracy Theories Doused By The Facts
U.S. officials say they have not yet found evidence that former Secretary of State Hillary Clinton willfully broke the law with use of her private email or that her server was hacked, according to two new reports, undercutting the conservative witch-hunt for a bombshell in the Democratic presidential front-runner’s email setup.
Prosecutors and FBI officials “have so far found scant evidence that [Hillary Clinton] intended to break classification rules,” according to a May 5 Washington Post report. The article noted that “prosecutors are wrestling with the question of whether Clinton intended to violate the rules, and so far, the evidence seemed to indicate she did not”:
Prosecutors and FBI agents investigating Hillary Clinton’s use of a personal email server have so far found scant evidence that the leading Democratic presidential candidate intended to break classification rules, though they are still probing the case aggressively with an eye on interviewing Clinton herself, according to U.S. officials familiar with the matter
The involvement of the U.S. Attorney’s Office is not indicative that charges are imminent or even likely. One official said prosecutors are wrestling with the question of whether Clinton intended to violate the rules, and so far, the evidence seemed to indicate she did not.
CNN underscored the findings in the Washington Post article, reporting that “The investigation is still ongoing, but so far investigators haven't found evidence to prove that Clinton willfully violated the law.” The reports join the growing chorus of legal experts and government officials who have undermined claims made by right-wing media figures, who have repeatedly scandalized Clinton’s use of a private email server by arguing that she broke the law using her server for State Department emails.
Fox News’ chief intelligence correspondent Catherine Herridge, who has a history of hyping evidence-free claims, most recently reported on May 4 that “the infamous Romanian hacker known as ‘Guccifer’ … easily – and repeatedly – breached former Secretary of State Hillary Clinton’s personal email server,” a claim parroted by various right-wing media figures.
But U.S. officials “dismissed claims [by “Guccifer”] that he was able to breach Clinton’s personal email server,” according to the Post, noting, “investigators have found no evidence to support the assertion.” NBC News also reported that the hacker “could provide no documentation to back up his claims,” and Politico reported that an “internal FBI review of Clinton’s email records did not indicate traces of hacking.”
Fox also alleged that the Obama administration is “slow-rolling” the Select Committee on Benghazi Committee’s investigation into Clinton’s email use, scandalizing the fact that a “special unit to review Benghazi documents” was convened later than expected.
The Department of Defense recently criticized the committee, slamming it for “straining the department's resources” chasing “documents and interviews” often based on “speculative or hypothetical” queries, according to Politico. A letter sent by Assistant Secretary of Defense Stephen Hedger derided the Republican-led committee’s “multiple and changing requests,” some of which have been “unfair … unproductive … [and] unnecessary,” and implored the committee to “remain focused on obtaining facts rather than encouraging speculation.”
Since Clinton’s use of private email was revealed, conservative media figures have made multiple baseless allegations, only to be burned by facts. The new revelations that investigators have not yet found evidence of wrongdoing by Clinton only add to the growing list of debunked myths spuriously pushed by right-wing media.
Right-wing media figures have for years advocated in favor of denying undocumented immigrant students access to public education,and now an Associated Press investigation reports that it may be happening "in at least 35 districts in 14 states." These policies may be not only unconstitutional -- according to a Supreme Court ruling that specifically bans public school districts from denying enrollment to children based on their immigration status -- but also illegal under Title VI of the Civil Rights Act.
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Right-Wing Media Has Hyped False Claims And Speculation Into Benghazi That Continue To Fuel The GOP Investigation
The Department of Defense criticized the investigation of the House Select Committee on Benghazi, saying repeated requests for documents and information have strained DOD resources and that they’re often based on, as Politico put it, “speculative or hypothetical” queries. Right-wing media have created many of the baseless conspiracy theories that helped create and fuel the Benghazi committee.
In an April 28 letter to the House Select Committee on Benghazi, Assistant Secretary of Defense Stephen Hedger explained the strain the House investigation has had on the DOD, which has spent “millions of dollars on Benghazi-specific Congressional compliance, including reviews by four other committees.” Hedger specifically took issue with the ever-expanding investigation -- and its speculative nature -- noting that “DoD interviewees have been asked repeatedly to speculate or engage in discussing on the record hypotheticals posed by Committee Members and staff.” Politico reported on the letter:
The Pentagon is pushing back against the House Benghazi Committee, saying its repeated requests for documents and interviews are straining the department's resources — and, to make matters worse, many of the queries are speculative or hypothetical.
Assistant Secretary of Defense Stephen Hedger complained in a letter to the committee on Thursday about its continued demands for information, and implied that the panel is grasping to make assertions based on theory rather than facts.
“[W]hile I understand your stated intent is to conduct the most comprehensive review of the attack and response, Congress has as much of an obligation as the executive branch to use federal resources and taxpayer dollars effectively and efficiently,” the letter reads. “The Department has spent millions of dollars on Benghazi-specific Congressional compliance, including reviews by four other committees, which have diligently reviewed the military’s response in particular.”
Hedger also complained that Defense Department interviewees “have been asked repeatedly to speculate or engage in discussing on the record hypotheticals.”
“This type of questioning poses the risk that your final report may be based on speculation rather than a fact-based analysis of what a military officer did do or could have done given his or her knowledge at the time of the attacks,” he wrote.
Fox News was central to the launch and perpetuation of false information that led to the establishment of the Benghazi Select Committee. By May 2, 2014 -- 20 months after the attack -- Fox had devoted 1,098 segments to Benghazi, with 97 percent of its congressional and administration interviews featuring Republicans. In fact, House Select Committee Chairman Trey Gowdy (R-SC) repeatedly used Fox News as a platform to push speculation and false claims about Benghazi. And Fox chief intelligence correspondent Catherine Herridge bragged that Fox News helped spur the House investigation.
Right-wing media have repeatedly pushed conspiracy theories in order to scandalize the Obama administration’s response to the Benghazi attacks. Conservative media have claimed to have uncovered multiple “smoking gun[s]” proving that former Secretary of State Hillary Clinton and the Obama administration committed wrongdoing in responding to the attacks. By May 2, 2014, Fox had compared Benghazi to Iran-Contra, Watergate, and other controversial actions by the Nixon administration 120 times. And conservatives continue to promote the false claim that the Obama administration issued a “stand down” order to soldiers responding to the Benghazi attacks.
Right-wing media continue to fuel the Benghazi dumpster fire in an effort to hurt Hillary Clinton, and conservative Republicans seem all too happy to use the Benghazi Select Committee to investigate the right-wing media’s theories.
The Washington Post credulously called the efforts by the discredited conservative group Judicial Crisis Network (JCN) to prevent the confirmation of Supreme Court nominee Judge Merrick Garland "remarkably successful." But polls show the general public is increasingly at odds with JCN's position. Indeed, just last week the Post reported that the results of a new poll was evidence that "Democrats are winning the message war over Garland." The Post promoted the notion of JCN's success in an interview with chief counsel Carrie Severino, who was given a platform to rehash debunked smears about Garland's judicial record on guns and government regulations.
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Fox News demostró su tendencia a infundir temores anti-inmigrantes cuando recientemente aprovechó un reporte de que el Departamento de Seguridad Nacional puso fin a un programa de seguridad fronteriza que en realidad nunca fue implementado -- y fue desechado debido a preocupaciones de que llevaría a los medios a emitir alarmas sin fundamento. Fox usó las noticias para infundir temores sobre "ilegales entrando al país".
De acuerdo a la Associated Press, el Departamento de Seguridad Nacional (DHS por sus siglas en inglés) desechó una propuesta para un programa que nunca fue implementado y que consistía en el uso de un índice basado en colores para medir la seguridad fronteriza. El programa, propuesto por el personal de la agencia, habría usado un sistema de colores para señalizar las millas a lo largo de la frontera estadounidense, "donde sería más probable que la Patrulla Fronteriza captura inmigrantes ilegales". Rojo simbolizaría "alto riesgo", amarillo "riesgo mediano" y verde "bajo riesgo". El programa nunca fue implementado, y fue desechado luego de que un grupo de consultores del DHS coincidieron en que era "una sobre-simplificación de un problema muy complejo", y advirtieron que podría llevar a figuras mediáticas a sensacionalizar los temas de seguridad fronteriza y a "producir historias engañosas sobre una frontera fuera de control".
Los consultores del DHS explicaron que debido a que el programa mediría la seguridad fronteriza en solamente "tres grandes canastas" (rojo, amarillo y verde) -- y debido a que dos de las canastas pueden interpretarse como indicadoras de seguridad laxa -- "reporteros sedientos de titulares que llamen la atención" podrían hacer uso del índice para provocar reportes amarillistas e infundir temores de que hay una "frontera fuera de control".
Los presentadores de Fox News inmediatamente aprovecharon el anuncio del DHS para hacer precisamente eso. En la edición del 22 de abril del programa de Fox News Fox & Friends, la presentadora Heather Nauert repetidamente infundió temores sobre “inseguridad fronteriza”, diciéndole a sus televidentes "acostúmbrense a ... ilegales entrando al país" porque el personal del DHS desechó el “índice de colores” representando la seguridad fronteriza “mientras ustedes dormían”. El reporte de Nauert fue acompañado por imagenes en la pantalla mostrando grandes números de inmigrantes cruzando la frontera y escalando una pared; dijo que la audiencia debería "acostumbrarse a este tipo de escenas":
Fox tiene una larga historia de infundir miedos anti-inmigrantes sin fundamento alguno para crear la falsa impresión de que "la inmigración ilegal se ha disparado a niveles sin precedente" cuando en realidad, varios estudios demuestran que la inmigración ilegal se encuentra ahora "a sus niveles más bajos desde 2003" y que ha ido declinando continuamente desde 2008. La AP notó que las capturas por parte de la Patrulla Fronteriza han disminuido a su cifra más baja en 44 años, y aunque este número no necesariamente cuenta la historia completa, puede indicar que "la frontera está relativamente segura".
Fox News’ latest round of anti-immigrant fearmongering seizes on a report that the Department of Homeland Security ended a border security program that was never actually implemented – and was scrapped based on concerns it would baselessly fuel media fearmongering. Fox used the news to stoke fears about “illegals crossing into this country.”
According to the Associated Press, the U.S. Department of Homeland Security (DHS) scrapped a proposal for a never-initiated program to use a color-coded index system to measure border security. The program, proposed by agency staff, would have used a color system to measure miles along the U.S. border “where the Border Patrol was likely to capture illegal immigrants.” Red would indicate “high risk,” yellow “medium risk,” and green “low risk.” The program was never implemented, having been scrapped after DHS consultants agreed it was “‘an oversimplification of a very complex problem,’” and warned it could lead media figures to sensationalize border security and “produce misleading stories of an out-of-control border.”
DHS consultants explained that because the program would measure border security in just “‘three large baskets,’” (red, yellow, and green) -- and because two of the baskets could be interpreted as indicating poor security -- “reporters with an appetite for eye-catching headlines” could use the index to fuel sensational, fearmongering reports of an “out-of-control border.”
Fox News hosts immediately seized on the DHS announcement to do just that. On the April 22 edition of Fox News’ Fox & Friends, anchor Heather Nauert repeatedly stoked fears of “border insecurity,” telling viewers to “get used to … illegals crossing into this country” because DHS officials scrapped the “color-coded bored index” “while you were sleeping.” Nauert’s report accompanied on-screen graphics of immigrants crossing the border in large numbers, and scaling a wall; she said viewers should “get used to scenes like this”:
Fox has a long history of baselessly stoking anti-immigrant fears to create the false “impression that illegal immigration has soared to unprecedented levels” when in reality, multiple studies show that illegal immigration is “now at its lowest level since 2003” and that it has been declining steadily since 2008. The AP noted that Border Patrol apprehensions fell to a 44-year low last year, and though that number does not give a complete picture, it may indicate that “the border is relatively secure.”
The National Federation of Independent Business (NFIB) -- a Koch-backed front group that is opposing the nomination of Merrick Garland to the Supreme Court -- released a misleading “scorecard” on Garland’s rulings as a judge on the D.C. Circuit, claiming that Garland is not “moderate” because he supposedly sides too often with federal agencies to the detriment of business interests.
But what NFIB fails to mention in its “scorecard” is that many of the decisions involving federal agencies that NFIB has selected for criticism -- namely the Environmental Protection Agency (EPA), Department of Labor (DoL), and National Labor Relations Board (NLRB) -- were unanimous rulings where Garland was often joined by fellow D.C. Circuit judges appointed by Republicans.
While claiming to speak for small businesses, NFIB is actually a front group that has received millions of dollars from the Koch brothers network and other large corporate interests, and its opposition to Garland is part of a campaign against environmental, labor, and healthcare policies that most small businesses support.
On April 12, NFIB released a “judicial scorecard” purporting to analyze Garland’s career as a judge on the D.C. Circuit. The group promoted its “scorecard” with a press release that asserted Garland’s judicial record indicates he “would overwhelmingly rule in favor of the government, unions, and environmental groups at the expense of small businesses.” According to an NFIB official quoted in the press release, “When you look at Judge Garland’s record on the bench, it is absolutely impossible to conclude that he is anywhere near a moderate."
But NFIB’s attempt to scandalize Garland’s record, which is widely viewed as moderate, dishonestly omits important context.
According to a Media Matters analysis of the 35 cases cited by NFIB concerning Garland’s judicial opinions on the EPA, DoL, and the NLRB -- issues highlighted as the most important in NFIB’s press release and classified as “wins” for the government by the NFIB -- judges appointed by Republicans were on the same side as Garland in 28 out of 35 -- or 80 percent -- of the cases.
In fact, in 17 of the 35 EPA, DoL, and NLRB cases NFIB complains about in its scorecard, Garland wrote the majority opinion for three-judge panels that were composed of him and two judges appointed by Republicans. In only one of the 35 cases did Garland write a majority opinion for a panel composed entirely of judges appointed by Democrats.
NFIB’s attempt to scandalize Garland’s judicial opinions for siding with government agencies more often than not also ignores the longstanding Chevron Deference doctrine, which “raised the issue of how courts should treat agency interpretations of statutes that mandated” agency action, where the “Supreme Court held that courts should defer to agency interpretations of such statutes unless they are unreasonable” -- meaning that there is nothing unusual about agencies often prevailing against challenges to their interpretation of law.
Below, Media Matters provides the context to the cases NFIB attempts to scandalize with its scorecard, demonstrating how a strong majority of the EPA, DoL, and NLRB cases NFIB cites to claim Garland is not “moderate” involved Garland’s agreement with Republican appointee judges:
The NFIB scorecard suggests that Garland has been overly deferential to the EPA by claiming that the agency “wins 94% of cases” before Garland, citing eight EPA “wins” versus one “split decision.”
The scorecard does not mention that in six of the EPA’s “wins,” Garland was in agreement with at least one Republican-appointed
The NFIB scorecard includes the 1999 decision American Trucking Ass'n v. EPA. Garland did not actually participate in the ruling in this decision, so it does not merit inclusion in NFIB’s scorecard. Instead, Garland later joined several judges in voting in favor of rehearing the case en banc before the entire D.C. Circuit. Legal scholars have said a vote to rehear a case en banc is not a ruling on the merits of the case, and as a matter of law, does not signify a “win” for the EPA, although the NFIB scorecard baselessly claims that “Garland would have ruled for EPA.”
The scorecard also includes the 2002 decision American Corn Growers Ass'n v. EPA. Garland issued an opinion concurring and dissenting in part with the majority opinion, which was issued per curium on behalf of a panel with two Democratic appointees and one Republican appointee. In his opinion, Garland noted that his concurrence applied to “most of” the majority opinion, which included the Republican-appointed judge.
Of the six cases cited by NFIB that could actually be reasonably characterized as EPA “wins," Garland was joined in his opinion by at least one Republican appointee every time:
The NFIB scorecard suggests that Garland has been overly deferential to the DoL by claiming that the agency “wins 87% of cases” before Garland, citing eight DoL “wins” versus two “losses.”
The scorecard does not mention that in six of the DoL’s “wins,” Garland was in agreement with at least one Republican appointee judge.
Here are the Republican appointees who joined Garland’s opinions in favor of DoL in six of cases cited by NFIB:
The NFIB scorecard suggests that Garland has been overly deferential to the NLRB by claiming that the independent agency “wins 78% of cases” before Garland, citing 19 NLRB “wins” versus five “losses” and one “split decision.”
The scorecard does not mention that in 16 of the NLRB’s “wins,” Garland was in agreement with at least one Republican appointee judge. In the other three cases, FedEx Home Delivery v. NLRB, Northeast Bev. Corp v. NLRB, and Ross Stores, Inc. v. NLRB, the NFIB scorecard doesn’t tell the full story -- in all three cases Garland only partially dissented, agreeing in part with his Republican-appo
Here are the other 16 cases cited by NFIB where at least one Republican appointee agreed with Garland’s decision in favor of the NLRB:
Charts by Oliver Willis.
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After months of a coordinated smear campaign against former Secretary of State Hillary Clinton’s use of a private email account during her tenure at the State Department, Fox News is now suggesting that President Obama may be protecting Clinton from criminal charges due to a “personal conflict” because he exchanged emails with her over her private server. Fox asserted that Obama was protecting Clinton while admitting that the investigation has found that none of the emails between the two contained classified information.
On the April 11 edition of The Kelly File, Fox chief intelligence correspondent Catherine Herridge conducted a supposed “fact-check” of Obama’s comment, “I continue to believe [Hillary Clinton] has not jeopardized America’s national security,” which he made during an April 10 interview on Fox News Sunday. Herridge
In Herridge’s report, she admitted that the emails between the president and Clinton “don’t contain classified information,” but she also included commentary from former Bush administration Assistant
Fox News has been on the offensive since the beginning of the FBI’s investigation into Clinton’s use of a private email server during her time as secretary of state, baselessly claiming that her private email use constituted a crime and that she negligently transmitted top secret information that put lives at risk.
Legal experts have consistently explained that “there doesn't seem to be a legitimate basis for any sort of criminal charge against” Clinton. In a March 20 column for the American Prospect, University of Michigan law and sociology professor and former Department of Homeland Security classification expert Richard Lempert explained that after analyzing Clinton’s conduct and “[b]ased on what has been revealed so far, there is no reason to think that Clinton committed any crimes with respect to the use of her email server, including her handling of classified information.”
In addition to the lack of evidence of criminal wrongdoing by then-Secretary of State Clinton, a thorough State Department investigation concluded that past secretaries of state -- including Colin Powell and Condoleezza Rice -- and their immediate staff also "handled classified material on unclassified email systems."
Herridge has also repeatedly reported unreliable
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