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Limbaugh runs with smears to falsely claim Jennings endorsed sexual assault against student

October 08, 2009 9:04 am ET — 23 Comments

Rush Limbaugh advanced the thoroughly debunked smear that Department of Education official Kevin Jennings encouraged an illegal sexual relationship between a male high school student and an older man, taking the attack even further to baselessly assert that the student -- who Limbaugh falsely claimed was 15 years old at the time -- told Jennings that "an older man is forcing his way on me, sex and so forth," and that in response, Jennings "urged the 15-year-old to further the relationship." In fact, the student was of legal age at the time, and the accounts of the conversation Limbaugh used to advance the smear provide no evidence that the student said he was assaulted or that Jennings encouraged the student "to further the relationship."

Limbaugh baselessly asserted student told of sexual assault and Jennings urged student "to further the relationship"

 From the October 7 edition of Premiere Radio Networks' The Rush Limbaugh Show:

LIMBAUGH: I meant to play this audio sound bite yesterday. I didn't get it in time -- nobody's fault, we were just busy. I have it now. This is 2000, in Iowa, at the Gay, Lesbian, and Straight Education Network -- it's an event there. It's audio of Obama's safe schools czar, Kevin Jennings. This is the guy that, the 15-year-old kid approached him, said, "I'm having a -- an older man is forcing his way on me, sex and so forth." And Jennings says, "That's fine, are you using a condom?" and urged the 15-year-old to further the relationship, and then said later, "I saw this kid come back to school and every day had a big smile on his face. I knew I'd done a good thing." That's Obama's safe schools czar. [emphasis added]

Evidence in no way supports Limbaugh's claims of sexual assault, advice "to further the relationship"

Accounts of conversation do not substantiate claim that student said he was sexually assaulted. In the 2000 speech that Limbaugh cited, Jennings stated that the student, "Brewster," -- who Media Matters has established was of the legal age of consent at the time of his conversation with Jennings -- told him, "I met somebody in the bus station bathroom and I went home with him." In his 1994 book, Jennings wrote that Brewster told him "a story about his involvement with an older man he had met in Boston." But at no point did Jennings state that Brewster told him, "[A]n older man is forcing his way on me," or in any way suggest that a sexual assault had occurred, and Limbaugh provided no additional evidence to support his claim.

Accounts of the conversation provide no evidence that Jennings urged the student "to further the relationship." In the 2000 speech that Limbaugh cited, Jennings said that after the student told him, "I met somebody in the bus station bathroom and I went home with him," Jennings "didn't know what to say. Knew I should say something quickly, so I finally -- my best friend had just died of AIDS the week before -- I looked at Brewster and said, 'You know, I hope you knew to use a condom.' " In his 1994 book, Jennings wrote that when the student told him the "story about his involvement with an older man," Jennings "listened, sympathized, and offered advice." None of this supports Limbaugh's claim that Jennings encouraged Brewster "to further the relationship" that Jennings, in Limbaugh's baseless telling, knew to be coercive.

Jennings' attorney: Book indicates Jennings had no cause to believe student was being abused. In an August 3, 2004, letter, Constance M. Boland of the law firm Nixon Peabody -- which represented the organization that Jennings ran, wrote of Jennings' 1994 account of his conversation with the student, "Nowhere in the book does Mr. Jennings state that he understood the student was being abused of victimized, or that he suffered injury from any abuse." Boland added, "Based on the plain meaning of the words in the book, it is clear that Mr. Jennings had no 'reasonable cause to believe' that the student was being abused in any way. Because there was no abuse and no 'sexual victimization,' the statute [requiring school employees to report suspected cases of abuse] does not apply." [Boland letter, 8/3/04]

Student: "I had no sexual contact with anybody at the time." In an October 2 statement obtained by Media Matters for America, Brewster said that "[i]n 1988, I had taken a bus home for the weekend, and on the return trip met someone who was also gay. The next day, I had a conversation with Mr. Jennings about it. I had no sexual contact with anybody at the time, though I was entirely legally free to do so. I was a sixteen year-old going through something most of us have experienced: adolescence. I find it regrettable that the people who have the compassion and integrity to protect our nation's students are themselves in need of protection from homophobic smear attacks. Were it not for Mr. Jennings' courage and concern for my well-being at that time in my life, I doubt I'd be the proud gay man that I am today."

Limbaugh previously accused Jennings of of having "encouraged" and "facilitated" a sexual relationship between a male high school student and an older man. Limbaugh previously stated on his radio show that "Obama's safe school czar is a guy promoting homosexuality in the schools and encouraged a 15-year-old kid to have a homosexual relationship with an older man, and even facilitated it." [The Rush Limbaugh Show, 9/28/09]

Limbaugh's claim that student was a "15-year-old kid" has been thoroughly debunked

Former student's driver's license shows he was at least 16 when he approached Jennings. Media Matters exclusively obtained the Massachusetts driver's license of the student confirming that at the time of the incident he was 16 years of age.

Former student: "I was a sixteen-year-old" and "was of legal consent at the time." The former student provided Media Matters with the following statement, which Media Matters published on October 2:

Since I was of legal consent at the time, the fifteen-minute conversation I had with Mr. Jennings twenty-one years ago is of nobody's concern but his and mine. However, since the Republican noise machine is so concerned about my "well-being" and that of America's students, they'll be relieved to know that I was not "inducted" into homosexuality, assaulted, raped, or sold into sexual slavery.

In 1988, I had taken a bus home for the weekend, and on the return trip met someone who was also gay. The next day, I had a conversation with Mr. Jennings about it. I had no sexual contact with anybody at the time, though I was entirely legally free to do so. I was a sixteen year-old going through something most of us have experienced: adolescence. I find it regrettable that the people who have the compassion and integrity to protect our nation's students are themselves in need of protection from homophobic smear attacks. Were it not for Mr. Jennings' courage and concern for my well-being at that time in my life, I doubt I'd be the proud gay man that I am today.

-Brewster  

Jennings' attorney stated in 2004 letter that student was 16, which is -- and was -- MA age of consent. In the August 3, 2004, letter, Boland wrote that the "conversation" Jennings had was with "a sixteen-year-old student" and that there "is no factual basis whatsoever for" the "claim that Mr. Jennings engaged in unethical practices, or that he was aware of any sexual victimization of any student, or that he declined to report any sexual victimization at any time." [Boland letter, 8/3/04]

CNN, FoxNews.com reports confirm "Brewster" was 16 at the time. Fox News, which repeatedly advanced the falsehood that Jennings, in the words of Bill Hemmer, knew of a "statutory rape" and "never reported it," has attached an editor's note to at least two FoxNews.com articles stating, "Since this story was originally published, the former student referred to as 'Brewster' has stepped forward to reveal that he was 16 years old, not 15, at the time of the incident described in this report." CNN's Jessica Yellin, after reporting that CNN had spoken to the student, aired an image of the student's driver's license, stating that it "verifies he was actually 16 at the time, not 15, which means that if there had been sex, he was actually the legal age of consent in Massachusetts."

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    • Author by ScienceBuff (October 08, 2009 9:08 am ET)
         
      Limbaugh was wrong on every relevant fact in his diatribe? Please tell me it isn't so! I'm so disillusioned.
      Report Abuse
      • Author by John Paradox (October 08, 2009 1:57 pm ET)
           
        You could say he was 'batting a thousand'.

        (is baseball also a 'gang sport'?)
        Report Abuse
    • Author by truthseeker77 (October 08, 2009 9:11 am ET)
      1 5
      Jennings wasn't sure if the guy was 15 or 16.
      Report Abuse
      • Author by bintx (October 08, 2009 9:45 am ET)
        3  
        It doesn't matter . . . this is a non-story designed by Hannity to keep up with Beck. Jennings didn't do anything to this young man [who was just 24 at the time of this incident] except advise him to use a condom if he had sex. Jennings, upon later reflection, wished he had given him better advice. The young man has stated that he was 16 at the time he asked for advice.

        Hannity is a jerk who is deliberately trying to destroy a man just so he can compete with Beck in the ratings department.
        Report Abuse
        • Author by truthseeker77 (October 08, 2009 9:50 am ET)
            2
          The young man has stated that he was 16 at the time he asked for advice.


          Where did you learn that the guy stated he was 16 at the time?
          Report Abuse
          • Author by NG_Officer (October 08, 2009 9:55 am ET)
            3  
            Sentence structure, ts

            "The young man has stated that he was 16 at the time he asked for advice."

            "The young man has stated at the time he asked for advice that he was 16."

            Two different meanings. This concludes your High School English lesson. Any questions?
            Report Abuse
            • Author by The_Cat (October 08, 2009 10:12 am ET)
                 
              Very well done, NG_Officer! Couldn't have put it better myself.
              Report Abuse
            • Author by truthseeker77 (October 08, 2009 11:50 am ET)
                3
              You mean you wasted our times by not disputing my assertion that Jennings did not know whether the boy was 15 or 16 at the time of the conversation?

              My original comment dealt to the Jennings' frame of mind the day he spoke to the kid. And you knew that. And you played dumb.
              Report Abuse
              • Author by DellDolly (October 08, 2009 12:32 pm ET)
                2  
                Yeah, because that false talking point has been repeatedly debunked, so why should he have to concentrate on doing it again?

                We don't know, and have never known, that Jennings thought the kid was 15 when he spoke to him. All we know is that one time at a speaking engagement that he said "15". That's not evidence that he thought the kid was 15.

                But you've had this explained to you many times before. I've explained it probably 20 times on different threads.

                Yet you think you should educate us on this topic? How exactly does that calculation work for you, because having someone who ignores evidence and explanations countless times trying to tell us what the facts are doesn't work for us!
                Report Abuse
                • Author by truthseeker77 (October 08, 2009 1:33 pm ET)
                    3
                  We don't know, and have never known, that Jennings thought the kid was 15 when he spoke to him.


                  Right. That's why I said Jennings didn't know if the kid was 15 or 16. Looks like we have found agreement on that one.
                  Report Abuse
                  • Author by DellDolly (October 08, 2009 1:40 pm ET)
                    2  
                    Nope. We don't know that Jennings was unsure of the kid's age. That's not true. He may have been sure of the kid's age, and said "15" when he meant "16". Or he may have been talking about the age of a typical sophomore when the school year starts when he said "15".

                    We don't know that Jennings was unsure of the kid's age. You're wrong. You and your crew have been wrong every time you've tried to make this argument, and repeating this lie over and over again doesn't make it magically come true.

                    You should be ashamed to continue to push this, but why am I certain that you aren't?
                    Report Abuse
                    • Author by truthseeker77 (October 08, 2009 1:49 pm ET)
                      1 3
                      That's not true. He may have been sure of the kid's age, and said "15" when he meant "16".


                      That's why your argument is so flawed. It rests on the weak grounds that he said 15, but meant 16.

                      The "typo" argument is just weak.

                      Jennings didn't know how old this kid was. Jennigns has not said that he saw ID or that he asked the kid how old he was.
                      Report Abuse
                      • Author by DellDolly (October 08, 2009 2:03 pm ET)
                        2  
                        Nope, it is your argument that doesn't hold water. It was you who said that Jennings didn't know if the student was 15 or 16, and you are the one who has no evidence whatsoever to back up that assertion.

                        It's not me who did that.

                        And it wasn't a typo, dum-dum. It was in a talk Jennings gave.

                        And just because Jennings hasn't said that he knew that the kid was 16 doesn't mean that he didn't know it. The absence of evidence isn't evidence of absence. But I guess only thinking adults know that, so that would leave you out.
                        Report Abuse
                    • Author by truthseeker77 (October 08, 2009 1:59 pm ET)
                      1 3
                      I would also like to ask you how often you think people type "15" when they mean "16." I would say 0.00000000000001% of the time, and I'm being conservative. Again, your arguemnt rests on a slim possibility.
                      Report Abuse
                      • Author by DellDolly (October 08, 2009 2:05 pm ET)
                        2  
                        Again, it wasn't anything he "typed", but yes, people mistype numbers all the time! Obama said that there were 57 US states, but clearly he didn't mean it nor did he think that there are 57 states!
                        Report Abuse
                        • Author by truthseeker77 (October 08, 2009 2:29 pm ET)
                          1 3
                          How often do you think people type exactly the number that they meant to type?
                          Report Abuse
                          • Author by DellDolly (October 08, 2009 2:57 pm ET)
                            2 1
                            Only a troll interested in derailing a thread would continue with this conversation after being thoroughly debunked.
                            Report Abuse
                            • Author by truthseeker77 (October 08, 2009 3:58 pm ET)
                              1 2
                              If you called the typo argument "debunking," then you are right.
                              Report Abuse
          • Author by DellDolly (October 08, 2009 11:05 am ET)
            1  
            Where did we learn that the student says that he was 16 in the spring of 1988? Well, we saw his driver's license and his statement here. We saw the Facebook account between the student and the FoxNews journalist. We saw a correction/editor's note on FoxNews online. We saw CNN confirm the kid's age after they contacted him.

            So, MMFA, CNN and FoxNews all confirmed that the young man not only said (wrote) that he was 16, but his driver's license documents that he was born in in July of 1971 and so he was 16, almost 17 in the spring of 1988.
            Report Abuse
      • Author by ScienceBuff (October 08, 2009 10:52 am ET)
           
        Jennings wasn't sure if the guy was 15 or 16. - truthseeker77

        While that may or may not have been true, it's likely irrelevant. The two had a discussion about it during which it is very probable that the young man told Jennings that no sex took place. And the fact remains that it is widely known now that the facts show conclusively that he was 16 at that time.

        Limbaugh was wrong about every single relevant detail.
        Report Abuse
      • Author by DellDolly (October 08, 2009 11:01 am ET)
        1  
        Actually, Jennings was sure of the age of the student - that's why he had an attorney draft and send out a 'cease and desist' letter that stated that the kid was 16.

        I already corrected you on this smear once. The fact that Jennings said "15" one time is not evidence that Jennings thought the kid was 15. Obama said that there were 57 states, but I can assure you that a college-educated, smart man like he is never thought, not even for a moment, that there are 57 US states. On top of that, the way that Jennings phrased it when he said "15" could have meant that he was simply talking about a typical high school sophomore being 15 at the beginning of the school year.
        Report Abuse
    • Author by The_Cat (October 08, 2009 10:12 am ET)
         
      This seems like a pretty clear cut case of slander or defamation to me. Mr. Limbaugh has said something that is not only patently false, but proven so by facts available to him at the time he made the statement.

      Sadly, there is a problem with filing suit:

      1) Jennings wins, and Limbaugh declares the fix was in and that he can't get justice in 'Obama's America'

      2) Limbaugh wins, and becomes even more insufferable than he is now.
      Report Abuse
    • Author by DellDolly (October 08, 2009 11:08 am ET)
      1  
      And do we all know why Limbaugh spread the false rumor that the kid had sex forced upon him? Because that's the latest false talking point that's being spread. There's a law in Massachusetts that if a 16-18 yr old is induced into sex then there's a crime. If there's no force or inducement, then a 16 yr old is of legal consent age, and there's no crime. I debunked this accusation yesterday and a couple of days ago when someone floated it.
      Report Abuse

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