During a discussion of Stanley "Tookie" Williams's then-impending execution and whether race is a factor in how the death penalty is applied for murder, Fox News host Sean Hannity and guest Larry Elder noted that eight out of 12 people who had been executed in California since the state reinstated capital punishment were whites. They offered this figure to rebut suggestions that race is a factor in how the death penalty is applied for murder, but they left out far more significant figures. A study published in the Santa Clara Law Review shows that those who kill whites are far more likely to get the death penalty than those who kill either blacks or Hispanics.
A Wall Street Journal editorial said that "numerous" investigations into the Abu Ghraib prisoner abuse scandal concluded that the abuses "had nothing to do with interrogations." In fact, the opposite is true. The editorial also falsely claimed that a series of Bush administration memos that sought to loosen constraints on interrogators "sanctioned no specific interrogation techniques" and misrepresented an ABC News report on interrogation methods.
Predicting riots if Stanley "Tookie" Williams were not granted clemency, radio host Neal Boortz said, "There are a lot of aspiring rappers and NBA superstars who could really use a nice flat-screen television right now."
On The Radio Factor, host Bill O'Reilly again falsely claimed that Geneva Convention protections apply only to those in "uniform" and "fighting for a recognized country." In fact, the protections outlined in the Fourth Geneva Convention extend to civilians, not only uniformed soldiers.
The O'Reilly Factor host again attacked the American Civil Liberties Union (ACLU), calling the organization "grossly irresponsible" and accusing it of "going out of its way to help Al Qaeda" and "aiding and abetting the enemy." Fox News contributor and former House Speaker Newt Gingrich agreed.
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Rush Limbaugh twice falsely claimed that Sen. John McCain (R-AZ) had "admitted that torture worked on him" during his five years as a prisoner of war in North Vietnam. The false assertion originated in a NewsMax.com article and is not supported by McCain's version of events.
On his radio program, Rush Limbaugh falsely suggested that the "9-11 Commission didn't say anything" about "[t]his whole picture of the U.S. as a torturous, torturing, barbaric institution." In fact, the 9-11 Commission's final report called for the U.S. government to "engage its friends to develop a common coalition approach toward the detention and humane treatment of captured terrorists."
L.A. Times, Wall Street Journal, Washington Post reported Secretary of State Condoleezza Rice's statement that the United States "does not permit, tolerate, or condone torture under any circumstances," without noting that the Bush administration's definition of torture is at odds with international standards.