Right-wing media are again alleging that President Obama's potential Department of Labor nominee, Assistant Attorney General for Civil Rights Thomas Perez, may have committed perjury in connection with the right-wing's New Black Panther Party voter intimidation non-scandal. But the internal Department of Justice (DOJ) report that they are citing to support these claims actually (once again) debunks these accusations.
The right-wing claim that political appointees within the Department of Justice (DOJ) improperly directed the outcome of the New Black Panther Party fiasco has already been repeatedly disproven, most notably by DOJ's Office of Professional Responsibility (OPR) and now by DOJ's Office of the Inspector General (OIG). The discredited accusation, initiated by right-wing activist J. Christian Adams, was revived in 2012 by his discredited associate, Hans Von Spakovsky, after a federal judge awarded attorney's fees to a conservative advocacy group that had obtained emails relating to this case through a Freedom of Information Act (FOIA) request. Von Spakovsky immediately analyzed the opinion, saying of statements from the judge relating to Perez's 2010 testimony on the New Black Panther Party case to the U.S. Commission on Civil Rights:
But what is most disturbing about this court order is that it strongly suggests that Assistant Attorney General Thomas Perez essentially lied in sworn testimony... A less diplomatic judge might have said that Perez testified falsely in his hearing testimony before the Commission on Civil Rights. In other words, he may have committed perjury if he knew his statements were false when uttered.
Now that Perez's Labor nomination is being floated and following the release of the Inspector General's review of the Justice Department's Voting Section (which is overseen by Perez), National Review Online columnist John Fund revived Von Spakovsky's accusation, calling the 2010 testimony "clear dishonesty." Describing Perez as "loathsome," the American Spectator likewise informs its readers (again) Perez "may have committed perjury[.]"
Fox News parroted the accusation that Thomas Perez, a possible Labor Secretary nominee, "worked with hardcore Islamist groups" and approved of efforts to weaken airline security measures, but that accusation is based on comments Perez made at an interfaith conference where he emphasized the need to respect civil rights when improving security protocols.
The Los Angeles Times reported on March 10 that President Obama is likely to nominate Perez for Secretary of Labor. He is currently the assistant attorney general for the Justice Department's Civil Rights Division, and has been repeatedly vilified by Fox News.
On Fox & Friends First, co-host Patti Ann Browne claimed Perez has a "controversial past" and was "said to have worked with hardcore Islamist groups and applauded those who lobbied against airline security measures."
Browne did not cite evidence for her claim, but her criticism echoed a Daily Caller piece from July 2012 that claimed Perez attended a meeting in D.C. in October 2011 with "hardcore Islamists" and "complimented the Islamists for lobbying against airline security measures," almost the exact words used on Fox & Friends First.
Perez's full remarks from the October 2011 meeting reveal he praised the work done by faith leaders around the country to help combat discrimination based on national origin in airport security screenings.
Perez spoke at the October 2011 Civil Rights Summit hosted by George Washington University Law School on Arab, Muslim, Sikh, and South Asian Americans experiencing discrimination and hate crimes following the September 11, 2001 attacks. The event was attended by faith leaders and advocates from many religions, including an imam and a rabbi.
While there, Perez thanked the audience for giving the Department of Justice and the Department of Homeland Security feedback on airport safety protocols, producing more effective measures that used "a scalpel, not a meat ax" to identify threats and emphasizing the need to protect civil rights:
I talked about reflection and recalibration and let me give you two examples of the need for continuing reflection and recalibration. You may recall the Christmas Day attempted bombing on the airplane. And you will recall the aftermath of that bombing in which certain protocols were put in place that made categorical targeting, that is to say, individuals from certain countries, were categorically being asked a series of additional questions. What did we hear in the aftermath of that? We heard a lot of feedback from people in this room and leaders across the country that we could do a better job. That we should be using a scalpel, not a meat ax. And that we should reconsider what's happening.
And a few months later, as you know, and thanks to you, we did just that. And the Department of Homeland Security recalibrated what it was doing, and I think as a result, it was a more effective mechanism. Because once again, we must always remember, as Jim Cole told us this morning: Don't fall into the trap of thinking that it's either safe streets, secure borders, and secure communities or protection of civil rights and civil liberties. It will always be both.
Fox News is using reports that Assistant Attorney General for Civil Rights Thomas Perez may be nominated as Secretary of Labor to revive their manufactured scandal that the Obama administration favored the New Black Panther Party in a 2008 voter intimidation case.
The right-wing media has spent years propping up the bogus charge that President Obama's Justice Department engaged in racially charged "corruption" in the New Black Panther Party case. The claims, promoted by GOP activist J. Christian Adams, fell apart given the fact that the Obama DOJ obtained judgment against one defendant, while the Bush DOJ declined to pursue similar allegations in 2006.
America Live anchor Megyn Kelly highlighted news of Perez's possible appointment and said that his "fingerprints are all over some rather significant controversies," including the New Black Panthers case, during the March 11 edition of America Live.
During the segment Fox aired this image:
Wall Street Journal columnist Peggy Noonan attempted to join other right-wing media in attacking a New Republic article on Republican nullification efforts, but failed to address the article's main points in her rebuttal.
Noonan skips over the substance of the article to instead misrepresent the controversy around photo voter IDs and ignores the fact that rejections of federal authority through an appeal to "states' rights" are now commonplace in the Republican Party. This increase in attempts at nullification extend from unconstitutional state laws to filibusters of President Obama's nominees.
The article Noonan criticizes, "Why The GOP Is And Will Continue To Be The Party Of White People" by Sam Tanenhaus, argues that the Republican Party has built itself on the myth that states can lawfully resist federal laws with which they disagree. Rather than engage the theory - a concept that originated with John Calhoun's resistance to anti-slavery efforts - Noonan dismisses the argument because she never hears this 19th-century originator of nullification mentioned by name in conservative circles.
Instead, Noonan completely mischaracterizes the recent Republican push for government-issued photo voter ID, which is one of Tanenhaus' examples of the GOP's embrace of nullification. Contrary to Noonan's description, which explains that "vote rigging is part of our history" and "vote fraud happens," these laws are redundant and unnecessary layers of additional identification for a problem of in-person voter impersonation that is virtually non-existent.
On the same day that Sen. Rand Paul's (R-KY) high profile filibuster of John Brennan's nomination to head the Central Intelligence Agency received widespread media attention, another filibuster that blocked confirmation for one of President Obama's nominees went completely unnoticed by the broadcast networks and cable news channels.
Paul's filibuster, which delved into serious questions about drone policy and national security, touched off a robust debate in the media. Paul's talking filibuster garnered extensive media attention the same day. According to a Nexis search, Paul was featured in at least 20 news segments Wednesday: 9 on CNN, 6 on Fox News, 4 on MSNBC, and 1 on NBC.
By contrast, not a single broadcast network or cable news channel reported on the silent filibuster of Caitlin Halligan's nomination to the DC Circuit Court of Appeals.
President Obama first nominated Halligan to the DC appellate court in September 2010. Senate Republicans blocked her nomination via filibuster in December 2011. Obama renominated Halligan on January 3, but Republicans again blocked her nomination on Wednesday when 40 Senate Republicans rejected a motion that would allow her confirmation to proceed to an up-or-down vote.
As The Washington Post noted, this GOP obstruction came in the face of widespread support for Halligan in the legal community:
Against the distorted view of Ms. Halligan's record that Republicans have offered stand the endorsements of prominent legal minds both liberal and conservative, a unanimous well-qualified rating from the American Bar Association and a storied career in public service and private practice.
While Paul's rare example of a talking filibuster attracted widespread media coverage, silent filibusters have become increasingly common tools to block Obama's nominees.
A November 2012 report from the Alliance for Justice illustrated how Senators' use of the filibuster on judicial nominations has increased drastically during the Obama administration:
The strategy comes amid what the Center for American Progress has described as a judicial vacancy crisis in the federal courts system.
The contrast between the media's extensive coverage of Paul's filibuster and the one used to block Halligan rejection is a testimony to how common the silent filibuster is under the Obama administration, and why it's important for the media not to go quiet.
Chuck Hagel's anticlimactic Senate confirmation to become the nation's next Secretary of Defense, passed by a vote of 58 to 41, stood in sharp contrast to the frenzied weeks of partisan fighting, and the often breathless media coverage that surrounded the unprecedented battle over President Obama's pick.
The Washington Post this week tallied up a scorecard to determine whether the furious Republican effort had been worth it. Republicans used up valuable political capital fighting a lost cause, but the Post claimed the party wouldn't suffer politically for its obstructionist ways. Indeed, for Republicans there wasn't "a whole lot of downside " in trying to derail Hagel.
Unfortunately, that's probably true. The Beltway press has made sure Republicans have routinely paid no price for their radical behavior, which means ugly stalling tactics will likely continue under Obama, as Republicans now try to grind the government to a halt on numerous fronts.
During the months-long Hagel debacle, in which the traditionally routine, bipartisan confirmation process was upended by Republicans, we learned some uncomfortable truths about the mainstream press and the right-wing media.
For instance we learned that, thanks to the Friends of Hamas debacle, conservative media sites continue to have much more in common with propaganda than they do journalism. We learned that even the piercing right-wing echo chamber, with conservative outlets working in concert with Republicans in Congress to amplify falsehoods, wasn't enough to sway the Hagel debate.
We learned that the hermetically sealed information bubble is still firmly intact. Reminiscent of the bubble that hyped the Mitt Romney "landslide" that never materialized last November, conservatives in the press assured followers for weeks that Hagel's nomination was doomed, that he'd soon be withdrawing his name, or he'd be rejected outright by angry Democrats.
We learned that non-starter crusades like the Hagel one are perfectly suited for the increasingly obsessive, phony outrage formula that so many right-wing outlets have adopted. (As blogger Charles Johnson noted on Twitter, the day Hagel was easily confirmed by the Senate, Breitbart.com's homepage featured no less than fourteen anti-Hagel headlines.)
From the February 23 edition of SiriusXM's Media Matters Radio:
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On February 7, Breitbart.com's Ben Shapiro reported that Defense Secretary nominee Chuck Hagel (according to "Senate sources") received money from a group called "Friends of Hamas." The report spread quickly through the conservative media as damning of Hagel, until Dave Weigel at Slate.com pointed out a salient fact -- there's no evidence that "Friends of Hamas" exists. Now, New York Daily News reporter Dan Friedman is claiming that a joke he shared with a GOP source is the provenance of "Friends of Hamas." In response to their story falling apart, Shapiro and Breitbart.com -- who angrily and self-righteously demand accountability from the rest of the media for every slip-up, real or imagined -- are lashing out and refusing to accept responsibility for publishing a report based on a falsehood.
Before getting into Shapiro's defense of himself for running with the "Friends of Hamas" rumor, it's worth looking at how Breitbart.com treats other media outlets that print stories that end up being untrue. A couple of weeks ago, Washington Post blogger Suzi Parker reported that Sarah Palin, newly free of her Fox News contract, had signed on with Al Jazeera. The story was not true: Parker had picked it up from the Daily Currant, a parody news site, and the Post issued a correction. Breitbart.com's John Nolte ripped into Parker in a February 12 post, letting fly with a barrage of sexist invective ("isn't she precious?") and slamming her journalistic acumen:
But never one to let facts get in the way of a good Narrative, the "we-meant-to-do-that" Post merely added a correction, changed the headline to "Sarah Palin tries to stay relevant," scrubbed the Al-Jazeera references (the original post can be read here), and still ripped Palin for, uhm, being so desperate to stay relevant.
If Parker had a shred of self-awareness, integrity, and dignity, she would have changed the headline to "Too Good To Check," and under it posted an essay about how shallow, smug, bitterly angry partisanship can blind you to common sense.
But that would require having a soul to search.
Nolte was back at it a few days later, demanding that Post media writer Erik Wemple investigate the Parker-Palin screw-up and attacking the Post's "too good to check" mentality:
If Suzi Parker had the power to publish on her own, it's understandable that someone so bitter and joyless could believe what she so desperately wants to believe. But thanks to the Post's own ombudsmen, we now know a Post editor also fell into "too good to check" mode.
Because Parker and this editor obviously didn't know the Daily Currant is a parody site, that means they published a story based on information from a site with which they were unfamiliar. How did that happen? Who was the editor? Has any disciplinary action been taken?
Conservative media are gearing up to target Caitlin Halligan - President Obama's nominee to the D.C. Circuit Court of Appeals - in their ongoing campaign to block the administration's judicial nominees, a practice that has led Justice Ruth Bader Ginsburg to lament "we are destroying the United States' reputation in the world as a beacon of democracy."
Right-wing media have a long history of insisting that the Republican Party filibuster and otherwise obstruct judicial nominees who are insufficiently conservative. The resulting court vacancies have led to "judicial emergencies," but right-wing media have made it clear they will not let up as the Senate considers President Obama's nominees to the crucial D.C. Circuit.
Directly after President Obama was re-elected, National Review Online's Ed Whelan urged the Republican Party to block the president's Supreme Court nominees because those without "conservative judicial principles" are "unfit for the Court." On February 14th, the Senate Judiciary Committee once again sent to the full Senate the nomination of former New York Solicitor General Halligan to the second most important court in the country, the D.C. Circuit, which is considered the last stop on the way to the Supreme Court. Whelan has consistently and prolifically joined the right-wing media opposition to Halligan's nomination, and recently made clear he will continue to extend his right-wing litmus test to the entire federal judiciary.
The New York Times highlighted Republican efforts to prevent the Consumer Financial Protection Bureau from functioning, in part by leveraging a recent DC Circuit Court of Appeals' decision that drastically limits the president's power to make recess appointments. But the Times understated the decision's role in continuing GOP obstructionism, even as the corporate lobby appears ready to take advantage of it to undo consumer and labor protections.
In Noel Canning v. National Labor Relations Board, a panel of the extremely conservative judicial circuit responsible for reviewing checks on corporate power issued a decision that rolled back decades of case law on presidential recess appointments. Although the case was nominally about one company's challenge to an adverse NLRB decision through a claim that the recess appointments of two board members were illegitimate, the ensuing opinion was so overbroad that the threat to other recess appointments - such as that of the current CFPB director - was immediately apparent.
In reference to Noel Canning's effect on the CFPB, the Times editorialized:
The bureau cannot operate without a director. Under the Dodd-Frank law, most of its regulatory powers -- particularly its authority over nonbanks like finance companies, debt collectors, payday lenders and credit agencies -- can be exercised only by a director. Knowing that, Republicans used a filibuster to prevent President Obama's nominee for director, Richard Cordray, from reaching a vote in 2011. Mr. Obama then gave Mr. Cordray a recess appointment, but a federal appeals court recently ruled in another case that the Senate was not in recess at that time because Republicans had arranged for sham sessions.
That opinion, if upheld by the Supreme Court, is likely to apply to Mr. Cordray as well, which could invalidate the rules the bureau has already enacted. The president has renominated Mr. Cordray, but Republicans have made it clear that they will continue to filibuster, using phony arguments to keep the agency from operating.
After former Sen. Chuck Hagel was nominated as defense secretary, right-wing media outlets attacked him with distorted quotes, and similarly deceptive uses of those quotes surfaced at Hagel's hearing on Thursday.
During the hearing, Sen. Ted Cruz (R-TX) highlighted a statement that Hagel made in a 2006 speech about the conflict between Israel and Hezbollah that was occurring in Lebanon at the time. Cruz claimed that Hagel had accused Israel of committing a "sickening slaughter."
But as Slate's Dave Weigel pointed out, this echoes a distortion promoted by The Weekly Standard. In reality, Hagel said that the "sickening slaughter on both sides must end" (emphasis added). As Weigel explains, Hagel "described the conflict that way -- a sickening slaughter was occurring -- blaming both sides, and quickly following up by criticizing Iran and invoking the 'special relationship'" between Israel and the United States.
Cruz also showed video of Hagel answering questions on an Al-Jazeera show in 2009. One of the questions Hagel fielded on the show was an email that asked:
Can the rest of the world be persuaded to give up their arsenal when the image of the U.S. is that of the world's bully? Don't we indeed need to change the perception and the reality before asking folks to lay down their arms (nuclear or otherwise)?
On the program, Hagel responded, "Well, her observation is a good one, and it's relevant. Yes to her question."
According to Cruz, the clip showed Hagel "explicitly" agreeing that the United States is "the world's bully." This echoes the take of the Washington Free Beacon, which discussed this exchange in a January 9 post misleadingly headlined "Hagel Agrees that America is 'the World's Bully.' " But as is clear from the question itself, Hagel agreed that there is an image of the U.S. as a bully that needs to be corrected.
A teapot tempest erupted today after Sen. Jim Inhofe (R-OK) cited Washington Post political blogger Jennifer Rubin by name today at Defense Secretary nominee Chuck Hagel's Senate confirmation hearing. Post associate editor and senior correspondent Rajiv Chandrasekaran tweeted, "I hate it when senators refer to WP opinion blogger posts as articles. [Rubin] is NOT a WaPo reporter," which prompted Buzzfeed to proclaim that a "civil war" had broken out at the Post over "the newspaper's reputation for fairness and neutrality." This misses the point of what makes Rubin so problematic for the Post: it's not that she's conservative, or even that she's opinionated. She's dishonest, often flagrantly so, and that dishonesty tarnishes Washington Post's reputation.
Rubin, who essentially served as the Romney campaign's in-house blogger for the Washington Post during the 2012 presidential campaign, has recently led the charge against Hagel's nomination.
Here's a not-at-all exhaustive list of outright lies, misrepresentations, and self-contradictions Rubin has spun while speaking or writing on the Post's behalf:
Rubin invented the idea that State Department personnel in Washington, D.C., watched real-time video of the attack on the U.S. consulate in Benghazi, a claim later debunked by Washington Post media writer Erik Wemple.
The Wall Street Journal recently joined Fox News in attempting to rewrite a radical and unprecedented federal appellate court opinion to fit their caricature of a "lawless" President Obama. But even as a WSJ editorial picks up Fox News' misrepresentation of the appellate court's sweeping decision on the constitutional legitimacy of presidential recess appointments as a narrow swipe at Obama, the Fox-fueled version is starting to unravel.
On January 29, the WSJ published an editorial that claimed "the latest disdain for the Constitution's checks and balances" was the Obama administration's response to a recent outlier opinion of the D.C. Circuit Court of Appeals. This decision broke with centuries of practice and case law by holding presidents can only make recess appointments when both a vacancy and appointment occur in-between congressional sessions. Specifically, the WSJ was offended that the National Labor Relations Board accurately pointed out the opinion was technically limited to the party that brought the case - despite its serious implications for all other similarly situated plaintiffs - and not only was it not currently in effect, it might be overturned on appeal. From the WSJ editorial, which accused the NLRB of planning to "ignore" the opinion:
So, let's see. First, President Obama bypasses the Senate's advice and consent power by making "recess" appointments while the Senate was in pro-forma session specifically to prevent recess appointments. Then when a federal court rules the recess appointments illegal, the NLRB declares that it will keep doing business as if nothing happened.
Without Mr. Obama's illegal appointments, the board would have been without a quorum and unable to decide a single case. That lawless behavior means more than 200 of the NLRB's rulings in the past year are in limbo. It's bad enough to force those 200 litigants to appeal rulings that are sure to be overturned. But the board wants to keep issuing new rulings though it now knows that a unanimous appeals court has declared them illegal, pending a Supreme Court review that may never happen.
In their rush to frame a federal appellate court opinion as a personal rebuke of President Obama, Fox News host Megyn Kelly and frequent guest Jay Sekulow misrepresented the truly radical and unprecedented nature of a decision of the U.S. Court of Appeals for the District of Columbia on presidential recess appointments. Although Kelly and Sekulow erroneously reported that the opinion only affects Obama's recess appointment of members to the National Labor Relations Board, it actually casts doubt on hundreds of presidential appointments and subsequent actions since the 1940s.
On the January 25 edition of America Live, Kelly repeatedly reported that the DC Circuit "clipped President Obama's wings" by holding the Republican-controlled Senate was actually in session when Obama made recess appointments to the National Labor Relations Board, pursuant to long-standing presidential powers. The NLRB is, of course, a frequent bogeyman for both right-wing media and corporate interests because of its perceived favorability to unions. Kelly and Sekulow, who filed an amicus brief in the case as Chief Counsel for the American Center for Law and Justice, claimed the decision's holding depended on the fact that the Senate was technically in session because of a new parliamentary trick that gavels the Senate into "pro forma session" even though no business is conducted. This is inaccurate.
Fox News Sunday host Chris Wallace allowed Bill Kristol to attack the nomination of Chuck Hagel as defense secretary without disclosing that Kristol is currently waging a full-scale campaign to oppose the nominee. Wallace further failed to challenge Kristol on his previous support of Hagel until he publicly supported a withdrawal from the Iraq War.
Fox News contributor Bill Kristol has been leading a relentless attack campaign against former Republican senator Chuck Hagel, President Obama's nominee for defense secretary. During television appearances and on his site The Weekly Standard, Kristol is actively encouraging the Senate to block Hagel's nomination. The Emergency Committee for Israel, a political advocacy group Kristol founded, has even launched an anti-Hagel website complete with attack ads.
Yet on Fox News Sunday, host Chris Wallace asked Kristol to opine on Hagel's nomination without any mention of his advocacy to prevent Hagel from becoming defense secretary. After saying Hagel is a "controversial pick for defense secretary," Wallace directed Kristol: "Your comments on Hagel?" Kristol replied, "I don't think Chuck Hagel is the right man to be secretary of defense. We'll see if the United [States] Senate agrees with that." Kristol opposes the nomination on the false grounds that Hagel is hostile to Israel and sympathetic to Iran.
Kristol even interjected Hagel attacks into unrelated conversations.