About us Login Get email updates
Research
Print

O'Reilly Factor ludicrously blames Obama for not pressing criminal charges in New Black Panthers case

July 07, 2010 12:04 am ET — 32 Comments

On The O'Reilly Factor, Bill O'Reilly and Fox News legal analysts Lis Wiehl and Kimberly Guilfoyle criticized President Obama's administration for not pursuing criminal charges against members of the New Black Panther Party. In fact, it was the Justice Department under President Bush that decided not to pursue criminal charges in the case.

Please upgrade your flash player. The video for this item requires a newer version of Flash Player. If you are unable to install flash you can download a QuickTime version of the video.

EMBED

Guilfoyle, Wiehl blame Obama admin. for lack of criminal charges in case

Wiehl: Obama DOJ "absolutely" should have pursued criminal charges. On the July 6 edition of The O'Reilly Factor, Wiehl said that "there's absolutely no reason" that the Obama DOJ "didn't prosecute" the case. She added that "all the department did was file a civil complaint" against the Panthers, but "they never pursued criminal charges." When O'Reilly stated, "But you say they should have done that," Wiehl replied "absolutely."

Guilfoyle: "No justification" for AG Holder supposedly not filing criminal charges. When Bill O'Reilly stated to Guilfoyle and Wiehl "you both don't know why the Attorney General of the United States chose not to" file criminal charges against the Panthers, Guilfoyle replied, "there's no justification."

O'Reilly: "Nobody differs" on whether Obama DOJ should have brought criminal charges. Referencing the decision not to pursue criminal charges, O'Reilly said that Attorney General Eric Holder "did it" because "his ideology comes into every decision." Wiehl replied that "it's not just the criminal charges, ok, let's say we can differ about that, maybe that the criminal charges shouldn't have been brought." O'Reilly interjected, "Nobody differs about that." Wiehl continued, saying that the Obama Justice Department "won the civil complaint, they had them and they let them go." O'Reilly replied, "[i]t's on Holder, with a very strong Obama component."

It was Bush's DOJ that decided not to press criminal charges

Bush administration decided to file a civil, not a criminal, complaint. In his May 14 testimony before the United States Commission on Civil Rights, Assistant Attorney General Thomas Perez said that the Bush administration's Justice Department "determined that the facts did not constitute a prosecutable violation of the criminal statutes" but instead decided to "file a civil action on January 7, 2009." From Perez's testimony:

PEREZ: Moving to the matter at hand, the events occurred on November 4th, 2008. The Department became aware of these events on Election Day and decided to conduct further inquiry.

After reviewing the matter, the Civil Rights Division determined that the facts did not constitute a prosecutable violation of the criminal statutes. The Department did, however, file a civil action on January 7th, 2009, seeking injunctive and declaratory relief under 11(b) against four defendants.

No voters have alleged intimidation stemming from incident

Civil Rights Commissioner: "[N]o citizen has even alleged that he or she was intimidated from voting." While O'Reilly, Wiehl, and Guilfoyle stated or suggested that the New Black Panthers had engaged in voter intimidation, in an April 23 hearing on the DOJ's decision in the case, Civil Rights Commissioner Arlan Melendez noted that "no citizen has even alleged that he or she was intimidated from voting," which "was clear to the Justice Department last spring, which is why they took the course of action that they did." From the April 23 Civil Rights Commission hearing:

MELENDEZ: My remarks are going to be brief because I think far too much of our time has been consumed on this seemingly unnecessary investigation. Citizens should be able to vote without intimidation, and it is our Commission's duty to investigate complaints from citizens that their voting rights have been infringed.

In this case, however, no citizen has even alleged that he or she was intimidated from voting at the Fairmount Avenue Polling Station in 2008. This absence of voter intimidation was clear to the Justice Department last spring, which is why they took the course of action that they did.

This absence of voter intimidation was clear to the members of this Commission as well, or at least it should've been. Our investigation has been going on now for the better part of a year. We have wasted a good deal of our staff's time, and the taxpayers' money.

Main Justice: "[N]o voters at all in the Philadelphia precinct have come forward to allege intimidation." A July 2 article at the legal news website Main Justice reported that "no voters at all in the Philadelphia precinct have come forward to allege intimidation" adding, "The complaints have come from white Republican poll watchers, who have given no evidence they were registered to vote in the majority black precinct."

Expand All Expand 1st Level Collapse All Add Comment
    • Author by seahawks123 (July 07, 2010 12:21 am ET)
      4 20
      Where are the charges? Never will happen. 1st black president and 1st black attorney general prosecuting the black panthers, nope.
      Report Abuse
      • Author by nativeofsf (July 07, 2010 12:36 am ET)
        10 2
        SeaShmucks, you are NOT a bizarre racist...just a plain old, vanilla racist is what you are, bum.
        Report Abuse
      • Author by soze169880 (July 07, 2010 1:13 am ET)
        14 2
        Clearly you didn't read any of this. But thanks for airing your racism, in case there was any doubt.
        Report Abuse
      • Author by New Frontier (July 07, 2010 8:11 am ET)
        10 3
        1st black president and 1st black attorney general prosecuting the black panthers, nope.
        Seahawks would expect a white president and white AG to go easy on white defendants, and so he assumes the same must be true of blacks.
        Report Abuse
      • Author by bintx (July 07, 2010 9:40 am ET)
        12 1
        You didn't even read the article. The crime occurred during the Bush Administration and Bush's DOJ decided not to press criminal charges. A civil case was pursued and a default judgment [uncontested] was entered against the guy with the stick.

        There have been NO complaints of voter intimidation filed in this case by any voters.

        This is another Fox created "news" story.
        Report Abuse
      • Author by historygeek001 (July 07, 2010 11:09 am ET)
        9 1
        seahawks123 said "Where are the charges? Never will happen. 1st black president and 1st black attorney general prosecuting the black panthers, nope."

        Do you take joy in exposing your own ignorance? When you post without reading the article, you don't advance your position, you detract from it.
        Report Abuse
      • Author by blurider (July 08, 2010 2:17 pm ET)
        1  
        seahawks,

        Can you read? Can you even 'skim', ignoring any concern for comprehension?
        HELL NO!!
        Report Abuse
      • Author by blurider (July 08, 2010 2:28 pm ET)
        2  
        seahawks,
        Don't lat all the negative posts here dissuade you from coming back and posting more!
        We need useful morons like yourself to demonstrate for others of your ilk (and your 'special Olympian', 70+ point, I Q range) how commonly, even dependably, racism and ignorance are bound together.
        Report Abuse
      • Author by txthinker (July 08, 2010 3:21 pm ET)
           
        Where are the charges? Never will happen. 1st black president and 1st black attorney general prosecuting the black panthers, nope.
        The drycleaner called, Seabiscuit - they want to know if you wanted starch in your sheet:

        [http://www.roelvano.nl/wp-content/uploads/2010/01/kkk.jpg]
        Report Abuse
    • Author by fairliberal (July 07, 2010 2:26 am ET)
      2 13
      "The Chairman of the NBPP, Malik Zulu Shabazz, explained he’d organized a program to “patrol election sites nationwide to counter voter intimidation and other threats of violence against blacks.” He appeared on FOX News three days after the election and endorsed the behavior of his members in the Philadelphia precinct. They were responding to an “emergency” situation, he explained, because there were Nazis and skinheads at the precinct. The FOX News reporter on the scene literally laughed at that false claim"

      The head racist at the black panthers admitted they were involved in the Philly intimidation scene, right on the air. And he has got plenty of allies in the Obamanation administration.

      Report Abuse
      • Author by nativeofsf (July 07, 2010 2:41 am ET)
        7 1
        FrLbrl, what Fox craps-out as "news-worthy blather", you greedily ingest then spew-out as your own gospel, applied with -- your own stupidly-unsubstantiated personal brand of racism...troll.
        Report Abuse
      • Author by pete592 (July 07, 2010 3:05 am ET)
        11 1
        But where are the intimidated voters? No one has been able to answer that yet. If there is no one claiming to be a victim, then the case doesn't stand a chance in court. Why is that so tough to comprehend?
        Report Abuse
        • Author by fairliberal (July 07, 2010 9:28 am ET)
          1 13
          You should try reading the law, you might learn something. It might be too difficult for you to comprehend but give it a try, or better yet try having someone read and explain it too you.

          http://www.clcblog.org/blog_item-245.html
          Report Abuse
          • Author by soze169880 (July 07, 2010 9:32 am ET)
            11 3
            HEY DUMBASS. FOR THE THIRD TIME, THAT'S NOT THE LAW. THAT'S AN OPINION ON THE LAW.
            Report Abuse
          • Author by bintx (July 07, 2010 9:44 am ET)
            7 3
            Fairliberal, you keep posting J. Gerald Herbert's OPINION of what the law says, not the actual law. I'm sure there are many OPINIONS out there which also cite the law which controvert J. Gerald Herbert's OPINION of what the law says.

            If you don't know what you're talking about, you should just hush. It makes you look silly and uninformed.
            Report Abuse
          • Author by pete592 (July 07, 2010 11:07 am ET)
            7 1
            And... you still can't confirm that anyone came forward with a charge of coercion, threats or intimidation.
            Report Abuse
          • Author by mikehuck1976 (July 09, 2010 3:12 pm ET)
              1
            Wow. Do you really think what you linked to was the law, fakeliberal? So sad. So very sad. This is what happend when you believe in the Paris Business Review. You will believe anything. Have you ever read a written law? It's not a blog.
            Report Abuse
      • Author by wookie (July 07, 2010 7:05 am ET)
        7 1
        Various groups are allowed at the polls as long as they don't interfere. And the fact that the Fox reporter took a right wing stand is hardly news.
        Report Abuse
      • Author by New Frontier (July 07, 2010 8:09 am ET)
        8 1
        the Philly intimidation scene
        An "intimidation scene" where no one came forth to say they were intimidated.

        Oh, and I like how you have nothing to say about the Nazis and Skinheads. Says a lot about you.
        Report Abuse
        • Author by soze169880 (July 07, 2010 9:08 am ET)
          8 2
          Faillibrul's openly racist, so of course it has nothing to say.
          Report Abuse
      • Author by internet soldier (July 07, 2010 9:29 am ET)
        8 1
        He appeared on FOX News three days after the election and endorsed the behavior of his members in the Philadelphia precinct.
        -foxcon

        What behavior? Standing around with nightsticks? What crime was committed?

        You find may this odd, but just because you labeled something an "intimidation scene" does not mean you've proven that something illegal happened. You're not on the fox.com forums anymore; giving things you don't like negative labels won't constitute a convincing argument here.

        Try to remember what happened the last time you eagerly swallowed a fox tabloid story, when you spent months defending the O'keefe ACORN videos. Do you want to get suckered like that again?
        Report Abuse
      • Author by bintx (July 07, 2010 9:42 am ET)
        6 2
        Fairliberal, this is NOT the "Black Panthers." This is a fringe hate group.

        Get out of the house, get away from the television . . . . you are OBSESSED with Fox. It's sick, Fairliberal. Seriously.
        Report Abuse
      • Author by raddave43 (July 07, 2010 10:44 am ET)
        5 1
        To "counter intimidation" is not an admission of Being a part of an "intidation scene. Why can't wingnut comprehend what thay read and quote on here?
        Report Abuse
    • Author by AC_Mem (July 07, 2010 9:53 am ET)
      11 2
      I was listening to Glenda this morning for about 5 minutes (its all i can take) and he was playing these "black panthers" saying that they hate "crackers" and want to "kill cracker babies". You know, it was so over the top that it makes me really wonder if it isn't a set up similar to the GOP Acorn farce.

      Besides the fact that these idiots obviously don't have anything better to do than to dig up something from almost 2 years ago to try to make a case for stating that our President is racist, the clip just doesn't feel right. How is it that NOOOOO other news team was there to film this besides Faux?

      This is all an effort to get people angry about race, a month before Glenda stands and defaces not only the Lincoln Memorial, but defiles the memory of MLK, attempting to replace his message with Glenda's message of white people being the victims of racism.

      This country is so upside down right now that it almost makes me cry. If ever Glenda and his accomplices wanted to create a civil war, it will be at the end of August in Washington DC.

      I hope that someone is working hard to stop this madness because it is like a computer virus that is spreading and shutting down common sense.
      Report Abuse
      • Author by pilotx (July 08, 2010 2:47 pm ET)
        1  
        I thought it was just me. An all Black precinct and somehow white voters were intimidated? If the NBPP wanted to intimidate white voters maybe its just me but wouldn't they have been more successful at a white precint? And the guy who does the intimidating just happens to be on film saying he wants to kill white people? Too much coincidence. Also, if the NBPP set out to commit widespread voter intimidation of the hundreds of locations they were at why only this one incident? Pretty horrible attempt no? Much ado about nothing or they doth protest a bit too much.
        Report Abuse
    • Author by jgibson349687 (July 07, 2010 2:18 pm ET)
      3 2
      Billo The Clown and his panelists have been playing with the loofahs too much lately.
      Report Abuse
    • Author by netsez00565 (July 07, 2010 8:34 pm ET)
        8
      This headline is a LIE! No one blamed anything on Obama. Only AFTER reading the headline the truth comes out "On The O'Reilly Factor, Bill O'Reilly and Fox News legal analysts Lis Wiehl and Kimberly Guilfoyle criticized President Obama's administration "

      They were questioning Holder and others in the DOJ and NOT Obama as the headline claims.
      Report Abuse
      • Author by DellDolly (July 08, 2010 2:14 am ET)
        5  
        Are you REALLY this ignorant that you think you can make bogus comments like this and get away with it?

        O'Reilly replied, "[i]t's on Holder, with a very strong Obama component."

        That's ONE thing.

        And the second is, how in the world do you think that criticizing the Obama Administration isn't criticizing Obama?
        Report Abuse
    • Author by timgeg (July 08, 2010 6:23 am ET)
      2  
      Fox is going to run with this just like they did with Acorn.
      Then they will tell their Zombie viewers Fox is the only one reporting on the NEW BLACK PANTHER scandal. Beck is trying to get his tiny brain working to give his viewers a big stinking pile of misinformation.
      Report Abuse

my.MediaMatters.org

Login  Sign Up

Push Back

Phone calls, emails and letters from the public do make a difference. Remember that to be effective you must be polite, and professional. Express your specific concerns regarding that particular news report or commentary, and indicate what you would like the media outlet to do differently in the future.