Wall Street Journal columnist and editorial board member Kimberley Strassel misrepresented the win-loss record of the Environmental Protection Agency (EPA) in court in order to suggest the Obama administration's environmental rulemaking is frequently illegal.
In an April 9 column, Strassel attempted to smear President Obama's nominee for EPA Administrator, the highly qualified and widely regarded Gina McCarthy, with the accusation that she shared blame for an alleged "embarrassing string of [legal] defeats" suffered by the Obama administration while serving as the senior EPA official in charge of regulating air pollution. From the WSJ:
[C]ritics have also started to take note of the embarrassing string of defeats the courts have recently dealt the agency regarding rules it issued in Mr. Obama's first term. Those judicial slapdowns are making a mockery of former Obama EPA Administrator Lisa Jackson's promise in 2009 to restore the agency's "stature" with rulemaking that "stands up in court."
This past year alone has proven a banner year for EPA rebukes[.]
Mrs. McCarthy--who has spent four years as EPA Assistant Administrator for the Office of Air and Radiation--was nominated precisely because she shares Mrs. Jackson's aggressive view of the EPA's authority. With the administration now looking to push the EPA boundaries even further on climate, expect senators to grill Mrs. McCarthy on why she believes those coming rulemaking procedures will fare any better in court. A number of senators are particularly focused on this question, since it is their authority Mr. Obama is usurping in having the EPA unilaterally implement a climate program.
But Strassel - like influential House Republicans - misrepresents the record of the Obama EPA in court, especially in the area of Clean Air Act rulemaking, which McCarthy oversaw. As opposed to the win-loss record of the Republican EPA under George W. Bush, the Obama administration has been highly successful in defending its Clean Air Act actions in court.
Evening network news shows have largely ignored the filibuster brinkmanship of Senate Republicans in blocking President Obama's judicial nominees, as well as the resulting vacancy crisis at the important D.C. Circuit Court of Appeals.
The D.C. Circuit Court of Appeals is considered the most important court in the country after the Supreme Court, in part because many of its judges go on to become justices, and in part because it is by far the most powerful appellate check on the federal government. Since it is required to examine challenges to a wide range of federal action - from environmental regulations to consumer protections to voting rights - it has the ability to uphold or strike down law on a national level.
However, as another victim of relentless Republican filibustering and the ensuing inability to hold up-or-down votes on the president's nominees to the federal courts, the D.C. Circuit currently has nearly 40 percent of its judgeships vacant. A Nexis search of evening network news shows in the past six months indicates that this problem has been ignored by ABC, CBS, and NBC.
National Review Online misrepresented the conclusions of a recent Department of Justice (DoJ) Office of the Inspector General (OIG) report on current hiring practices in the department's Voting Section in order to join the right-wing assault on the Labor Secretary nomination of Assistant Attorney General for Civil Rights Thomas Perez.
NRO's aversion to the effective enforcement of civil rights law is well-established and the outlet's wish that precedent in this area is overturned has been repeatedly stated. In addition to Section 5 of the Voting Rights Act and affirmative action, NRO has also expressed its dislike for the currently constitutional "disparate impact" doctrine. This doctrine proves impermissible discrimination against protected groups by demonstrating the disproportionate effects of challenged policies and laws, an evidence-based approach that has drawn the NRO's particular ire in the area of fair housing. A recent NRO post attempted to recycle these attacks as new ones on Perez by observing not many conservatives go to work for DoJ's Civil Rights Division (CRD).
The NRO accuses Perez of dismissing the fact that not enough conservatives serve in the Voting Section - a "disparate impact" - even though Perez enforces "disparate impact" law against banks that impermissibly discriminated against communities of color.
Fox News and Fox Business are butchering civil rights precedent and the Voting Rights Act (VRA) in their continued campaign to suggest President Obama's nominee for Labor Secretary, Assistant Attorney General for Civil Rights Thomas Perez, doesn't want to protect white people.
Following the pre-existing practice of smearing President Obama and his administration as hostile to whites and biased toward people of color, Fox has joined right-wing media in attacking Perez for his enforcement of long-standing civil rights law and advocacy for Hispanic immigrants. This right-wing campaign against Perez has focused on the Civil Rights Division (CRD), which under Perez's supervision has been very effective at using the VRA to protect historical victims of voter suppression.
The Republican Party wants to reinvent itself. The Republican National Committee's March 18 post-mortem of the 2012 election warns of a national party that "is increasingly marginalizing itself" by alienating women, Hispanics, African Americans, the youth -- basically everyone but old white people. The report prescribes a number of long-term fixes for the party, but before the GOP can even hope to implement them, they have to overcome a substantial hurdle: conservative talk radio and Rush Limbaugh. Can the Republican Party successfully undergo such a significant transformation when their most potent media platform refuses to go along?
We're already seeing friction between the party establishment and the AM dial. Not long after RNC chairman Reince Preibus unveiled his roadmap for the GOP's electoral future, President Obama formally nominated Thomas Perez for Secretary of Labor. Perez, the son of Dominican immigrants, heads up the Justice Department's Civil Rights Division, and has been a key figure in the trumped-up scandal over the New Black Panthers. Reacting to the news, Rush Limbaugh drew a straight line between Perez and the "grand kleagle of the Ku Klux Klan" and also compared him to Hugo Chavez. It's not difficult to see how that bumps up against the recommendations in Preibus' report: "If we want ethnic minority voters to support Republicans, we have to engage them, and show our sincerity."
As for the RNC report itself, Limbaugh was not impressed. "The Republicans are just getting totally bamboozled right now. And they are entirely lacking in confidence. Which is what happens to every political party after an election in which they think they got shellacked," Rush said of Preibus' report, according to Salon's Alex Seitz-Wald.
The Wall Street Journal is joining the right-wing campaign against President Obama's nominee for Secretary of Labor, Assistant Attorney General for Civil Rights Thomas Perez, by uncritically pushing the unsubstantiated claim that Perez improperly colluded with the City of St. Paul, Minnesota, to withdraw a Supreme Court civil rights case.
In reporting on President Obama's official nomination of Perez to head the Department of Labor, the WSJ repeated the claim that Perez inappropriately interfered with Magner v. Gallagher, a Supreme Court civil rights case that could have provided the conservative justices with an opportunity to strike down decades of civil rights precedent. Specifically, although the City of St. Paul has clearly stated it withdrew Magner v. Gallagher because it feared a split Court might use it to strike down the established practice of proving discrimination by showing the racial effects of challenged policies - "disparate impact" litigation - the WSJ uncritically repeated the allegation that Perez was improperly involved. From the WSJ:
The nomination of Mr. Perez as labor secretary comes as some congressional Republicans have raised questions about his alleged involvement in the Justice Department's decision to stay out of two lawsuits against St. Paul, Minn., in which private plaintiffs alleged the city defrauded the U.S. in its use of housing funds.
Republicans have questioned whether the Justice Department stayed out of those cases in exchange for St. Paul dropping an appeal pending at the Supreme Court in a case that civil-rights advocates had feared would undercut enforcement of U.S. housing-discrimination law.
President Obama has nominated Thomas E. Perez as Secretary of Labor. Right-wing media used this announcement to push false attacks about Perez based on his service in the Justice Department's Civil Rights Division and other civil rights work and advocacy.
Fox News is using its lack of knowledge about the Voting Rights Act and basic civil rights law to smear the nomination of Assistant Attorney General for Civil Rights Thomas Perez for Secretary of Labor.
The Voting Rights Act (VRA) and Section 5, a provision within the law that requires jurisdictions with a history of racial discrimination in voting practices to submit election changes for federal review, has been a source of difficulty for Fox News. On the March 14 edition of America Live, Fox News host Megyn Kelly and frequent guest Jay Sekulow attacked Perez by incorrectly describing the role of race in race-conscious civil rights law, such as the VRA. In the lengthy segment about the Voting Section - a Department of Justice (DOJ) section under Perez's supervision - Kelly misrepresented a recent Inspector General report and allowed Sekulow to question Perez's competence even as he mangled civil rights law by insisting the Voting Rights Act is "colorblind."
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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