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Fox News overlooked voter-intimidation allegations against Minutemen

July 19, 2010 12:06 pm ET — 27 Comments

In contrast to Fox News' repeated hyping of voter-intimidation charges against members of the New Black Panther Party during the 2008 election, a search of the Nexis database indicates that Fox News' top shows did not report on similar allegations that members of the Minutemen harassed Hispanic voters at an Arizona polling center in 2006.

Fox News fixates on voter intimidation allegations against New Black Panthers

Fox News has devoted more than 100 segments to phony New Black Panther scandal since June 30. Fox News has discussed the Justice Department's handling of voter intimidation charges against members of the New Black Panther Party during more than 100 segments since June 30, devoting more than eight hours of airtime to discussion of the case. A Nexis search found that Fox News hosts have discussed the voter intimidation charges dating back to Election Day 2008. 

Megyn Kelly: Fox "dragged the media kicking and screaming" to cover New Black Panther Party voter intimidation. During the July 12 edition of America Live, Fox News' Megyn Kelly criticized the media for its coverage of "the now infamous New Black Panther voter intimidation case," and said that Fox News "dragged the media kicking and screaming" to cover the case. Kelly has discussed the case during more than 45 segments since June 30.

Kelly: New Black Panther Party voter intimidation getting attention because "the voting place is sacrosanct." During the July 13 edition of America Live, Fox News contributor Kirsten Powers said, "I cannot believe that this one case, after all the cases that were dismissed during the Bush administration, is getting the amount of attention that it's getting. I find it absolutely shocking. I cannot believe it." Kelly responded: "Let me tell you why. Because the voting place is sacrosanct."

Carlson: "Remember where they went to vote and there was standing there with clubs?" During the July 7 edition of Fox & Friends, co-host Gretchen Carlson said, "We all saw that video during 2008 where people went to vote. First of all, there was that video. Remember where they went to vote and there was, standing there with clubs. DOJ -- Department of Justice -- decided to end that case." Fox News contributor Dana Perino claimed, "I know that if I -- when I was press secretary, and the situation had been reversed -- I definitely would have been asked if the White House knew about it." She also said that "what we should get right now from the Justice Department is at least some sort of an explanation as to why they thought it wasn't a good case."

Special Report highlighted Adams' claim that it was "a slam-dunk case of voter intimidation." On the July 6, Special Reported highlighted Republican activist J. Christian Adams' testimony before the U.S. Civil Rights Commission about "a slam-dunk case of voter intimidation" against the New Black Panther Party.

Minutemen were involved in similar voter-intimidation case in 2006

Armed Minutemen allegedly attempted to intimidate Hispanic voters in Arizona in 2006. A November 8, 2006, Austin American-Statesman article reported (from the Nexis database): "In Arizona, Roy Warden, an anti-immigration activist with the Minutemen, and a handful of supporters staked out a Tucson precinct and questioned Hispanic voters at the polls to determine whether they spoke English." The article continued: "Armed with a 9mm Glock automatic strapped to his side, Warden said he planned to photograph Hispanic voters entering polls in an effort to identify illegal immigrants and felons."

Civil rights attorney "said he reported the incident to the FBI." A November 8, 2006, Tucson Citizen article (from Nexis) reported that Diego Bernal, a staff attorney with the Mexican American Legal Defense and Education Fund (MALDEF) "said he reported the incident to the FBI." The article also reported that Pima County elections director Brad Nelson said: "If intimidation or coercion was going on out there, even though it might have been outside the 75-foot limit, it's something we take very seriously, and we'll be looking into it."

Perez testified that Bush-era DOJ "declined to bring any action for alleged voter intimidation" against Minutemen. As Media Matters noted, Thomas Perez, the assistant attorney general for the Civil Rights Division, cited the Minutemen case in his May 14 testimony to the U.S. Commission on Civil Rights and said that "the Department declined to bring any action for alleged voter intimidation, notwithstanding the requests of the complaining parties." From Perez's testimony:

In another case, in Arizona, the complaint was received by a national civil rights organization regarding events in Pima, Arizona in the 2006 election when three well-known anti-immigrant advocates affiliated with the Minutemen, one of whom was carrying a gun, allegedly intimidated Latino voters at a polling place by approaching several persons, filming them, and advocating and printing voting materials in Spanish.

In that instance, the Department declined to bring any action for alleged voter intimidation, notwithstanding the requests of the complaining parties.

Fox News overlooked 2006 voter-intimidation allegations against Minutemen

Nexis search revealed no mention by Fox News of the 2006 Minutemen allegations. Media Matters searched* Fox News coverage between November 1, 2006, and November 1, 2007, in the Nexis database, and found no results for Fox News related to the voter-intimidation allegations against the Minutemen. Shows available in Nexis for that time period include Hannity & Colmes, The O'Reilly Factor, Special Report with Brit Hume, On the Record with Greta Van Susteren, and The Big Story with John Gibson.

*Search terms included "minuteman or minutemen" and "vot! & intimidat! & Arizona."

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    • Author by usp (July 19, 2010 12:13 pm ET)
      1 1
      "oops! our bad...but we can give the nazis a pass..."
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    • Author by DellDolly (July 19, 2010 12:21 pm ET)
      5 2
      Just to forestall any trolls bogus arguments, if there was no voter intimidation in 2006 by Minutemen in Arizona, there should have been no charges filed.

      Just like the reason there were no voter intimidation charges filed in the NBPP case in Philadelphia is because there was no voter intimidation!

      Without a victim, there is no crime.
      Report Abuse
      • Author by magnolialover (July 19, 2010 5:37 pm ET)
        1 1
        Agree. I'm willing to go along with what happened in the Minuteman case back in 2006, as it looks like, once again, there was no basis for charging anyone with voter intimidation.
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        • Author by Floyd (July 20, 2010 8:40 am ET)
          2 10
          Of course you're willing to agree with no charges being brought against the minutemen. There is NOTHING unlawful about taking PICTURES of people AT ANY TIME! There wasn't even a mention as to whether these minutemen used their weapons in a threatening manner (like the racist panthers did), there wasn't any mention of ammunition being present, there weren't any charges brought (unlike the black panther case, which the racist Obama administration later dropped).

          For you liberals trying to equate lawful picture taking with unlawful entrance blocking is ridiculous. One group is standing/blocking an entrance AT THE ENTRANCE, the other group has to obey a 75 FOOT buffer zone from the entrance. Maybe if one of those minutemen had pulled his gun and pretended to use it in a threatening fashion and no charges had been brought you MIGHT have an equivalence ... BUT THAT DIDN'T HAPPEN! There is NO mention of weapons being pulled or used in a threatening manner. Carrying a weapon is a constitutionally protected RIGHT in Arizona.

          Mmfa FAILS in there attempt to equate a legal non-threatening minutemen protest with the racist black panther threats against white people. Of course you liberals fully agree with anything mmfa tells you to believe, since you are all sheeple.
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          • Author by congero6189599 (July 20, 2010 11:41 am ET)
            5 1
            Floyd your so full of bunk it hurts. No one was blocking the the door in the video. You purposely down play what the Minuteman was alleged to have done. Why is that? Tell me how would someone who was going to vote would know that a weapon someone was carrying was loaded? This person was not just taking pictures but was asking Latinos who came to vote what language they spoke? i don't know about you but a person carrying a gun at a polling place with a agenda that is intimidating whether they pulled it or not. They had it there for a reason, but the point is that we will never know all the details to this story because it was dropped by the Bush DOJ. Your obvious bias is very telling. Lets play your game and say the weapon was not loaded,why would you carry a unloaded weapon to a polling place in a Latino district taking pictures as you say if it wasn't to intimidate Latinos? The Minuteman with ties and memebers that are white supremacist...oh thats right you know about the racist NBPP racism but you ignore the white supremacist inside the minutemen,how convenient.
            Report Abuse
            • Author by albertsenj (July 21, 2010 10:32 pm ET)
                 
              I don;'t know of anyone who would openly carry an UNLOADED weapon - it just doesn't make any sense. You would be asking for trouble you are absolutely unequipped to deal with.
              Report Abuse
          • Author by pearlene_scott1602 (July 21, 2010 5:59 am ET)
            1 1
            Of course you're willing to agree with no charges being brought against the minutemen. There is NOTHING unlawful about taking PICTURES of people AT ANY TIME! There wasn't even a mention as to whether these minutemen used their weapons in a threatening manner (like the racist panthers did), there wasn't any mention of ammunition being present, there weren't any charges brought (unlike the black panther case, which the racist Obama administration later dropped).

            Floyd, you're so full of sh*t you stink!

            VOTERS who VOTE at that precinct have to file a complaint of voter intimidation! And in that African American majority voting precinct, NO ONE filed a SINGLE complaint!

            3 White Republican poll watchers who DO NOT VOTE in that precinct CANNOT complain that they were intimidated BECAUSE THEY DIDN'T TRY TO VOTE THERE!

            On Election Day, a posse of three men in Tucson, Ariz., proved that the Wild West still lives.

            The group, which was three strong, and allegedly composed of two anti-immigration activists, Russ Dove and Roy Warden, carried a camcorder, a clipboard -- on which, they said, was information about a proposed law to make English the state's official language -- and a gun. While one man would approach a voter, holding the clipboard, another would follow, pointing the video camera at them. The third would stand behind, holding his hand to the gun at his hip in what activists on the other side called classic voter intimidation tactics in a precinct one local paper had previously declared the bellwether of the area's Hispanic vote.

            It's not the first time Dove and Warden have been accused of this type of act. Dove, who is a convicted felon and former militia member, patrolled Arizona's polls in 2004 as well, and Warden has publicly burned a Mexican flag (for which he was charged with arson) and acknowledged that he sought a concealed-carry permit for a gun, partly in hopes of enticing a local police officer to attack him and force Warden to use deadly force in self-defense.
            The GOP's dirty deeds of 2006...

            Now a convicted felon, who wanted to use deadly force on police officers is NON-THREATENING? And WHY does ANYONE need gun at a voting place that THEY DON'T VOTE AT, UNLESS they want to send a message to the people who've come their to vote!

            Like I said Floyd, you're so full sh*t, you stink!




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            • Author by Floyd (July 21, 2010 8:02 am ET)
              1  
              Both you and conger and so hypocritical it is quite amusing. You claim unheralded fear caused by a white guy with a clip-board and camcorder 75ft from the polling place, yet totally excuse a black man blocking the doorway AT the entrance. (sorry pearl, I've seen the video, he is OBVIOUSLY blocking the doorway. if you think he isn't then I'm not the only one full of it)

              When you can have an honest discussion (without your racist bias) then perhaps some reality can be agreed upon, not until then.
              Report Abuse
              • Author by pearlene_scott1602 (July 21, 2010 2:37 pm ET)
                1 1
                You claim unheralded fear caused by a white guy with a clip-board and camcorder 75ft from the polling place

                Floyd, did YOU forget the GUN? If a nightstick is a deadly weapon, WHAT ABOUT A LOADED GUN?

                And WHY in the world would ANYONE need a GUN at a voting precinct THAT THEY DON'T VOTE AT?

                And since that convicted felon stated his purpose in bringing the gun was to engage the police, I'm sure it was loaded.

                The DOJ filed the appropriate charges against the man holding the nightstick, unlike in the case of the Minutemen, NO charges were filed against the man holding a loaded gun.

                yet totally excuse a black man blocking the doorway AT the entrance. (sorry pearl, I've seen the video, he is OBVIOUSLY blocking the doorway. if you think he isn't then I'm not the only one full of it)


                UNLESS someone WHO ACTUALLY VOTES AT THAT precinct files a complaint of voter intimidation there is no legal way to charge someone WITH voter intimidation.

                3 White Republican poll watchers WHO DID NOT VOTE AT THAT PRECINCT cannot say they were INTIMIDATED because they didn't try to VOTE!!!!!

                I'm aware that the NBP is a hate group and I would like to see them along with the CCC, Skinheads, Aryan brotherhood and every other hate group drop off the face of the earth!

                When you can have an honest discussion (without your racist bias) then perhaps some reality can be agreed upon, not until then.

                Floyd, you have the nerve to lecture me on honest discussion when you completely INGORE the loaded gun in you narrative of the Minutemen case?

                You wouldn't know honestly if it bit you on the a**!
                Report Abuse
    • Author by eb (July 19, 2010 12:32 pm ET)
      7 1
      Armed Black Panthers at the poles = relevant journalism because it is consistent with conservative media conditioning to hate liberals and fear minorities.

      Armed Minutemen at the poles = irrelevant journalism because it does not serve a conservative political agenda and contradicts conservative media conditioning.

      Neither story seems to have been the hyper-focus of the other networks until Fox went hysterical with the panthers.
      Report Abuse
      • Author by eb (July 19, 2010 1:25 pm ET)
        1  
        Oops! polls
        Report Abuse
      • Author by Johaely (July 19, 2010 1:25 pm ET)
        1  
        I think the first should be:
        Billy club carrying black panter at a poll = relevant journalism because it is consistent with conservative media conditioning to hate liberals and fear minorities.
        Report Abuse
        • Author by Floyd (July 20, 2010 8:43 am ET)
          1 5
          Conservatives only fear the minorities when they threaten us with physical harm using deadly weapons (as the black panthers do). Perhaps YOU would have feared those minutemen (being discussed) as your liberal media conditioning dictates you to hate conservatives and fear white people.
          Report Abuse
          • Author by congero6189599 (July 20, 2010 11:49 am ET)
            3 1
            ZZZzzzzzzzzzzzzzzz...Be afraid white people the Ni#$ers are coming to kill you and take over the country. This would be laughable if not for fools with prejudices like you who wet their pants anytime Faux blows it racist dogwhistle.
            Report Abuse
            • Author by Floyd (July 21, 2010 7:46 am ET)
              1 3
              Yeah, that's what the liberals and anyone of color says about whitey every chance they get. Mmfa blows that whistle often and loud for all of you to obey. You do a good job, I didn't know sheeple heard dogwhistles.
              Report Abuse
          • Author by danielsangeo (July 21, 2010 6:56 am ET)
               
            But, didn't you just say that carrying weapons was a Constitutional right?
            Report Abuse
    • Author by angels4light (July 19, 2010 2:07 pm ET)
      4  
      Here is my take on the "overlooked", "did not cover", "failed to disclose" theme. SO WHAT??? We KNOW that the Propaganda Arm of the Extreme Right is only going to cover things they think can possibly be used to make the President look bad, even if they have to lie, obfuscate, manufacture, or otherwise mislead in order to do it. They know their viewers don't want balance, they want excuses to maintain their frenzy. Look at the Utah issue, where 1300 people were accused of being illegals. Their names, addresses, social security numbers (illegals? With socials? SOME will have them, but all???) were sent around in an email - and people on the list have been harassed. Some are legal, documented workers, some are probably even natural or naturalized citizens. Yes, there may be illegals on that list, but all of them? The only thing they have in common is a Hispanic last name. And they are targets of the kind of people that watch TMOWSNBN and their astroturf "movement" the Tea Party.
      Report Abuse
      • Author by Floyd (July 20, 2010 8:58 am ET)
        1 4
        Why are you taking this off-topic by discussing an event from Utah that has nothing to do with voter intimidation? Besides, what do LEGAL immigrants have to worry about any stupid list?
        Report Abuse
        • Author by congero6189599 (July 20, 2010 11:46 am ET)
          3 1
          What do you not get about the 4th admendment?
          Report Abuse
          • Author by Floyd (July 21, 2010 7:54 am ET)
            1 1
            Uhhh, how does the 4th amendment apply to this case? What law enforcement agency didn't use a warrant? How does that apply to anonymous private citizens?

            Then, finally, why are you wasting everyone's time going off-topic and being illogical? Oh, wait, never mind ... you're a typical liberal. That explains it all
            Report Abuse
            • Author by angels4light (July 21, 2010 10:32 am ET)
                 
              The two key suspects in this case are government employees, who decided to go outside the law enforcement process to convict these people of being illegal and let the lynch mob deal with them. THAT is what the Utah case has to do with the 4th amendment.
              Report Abuse
    • Author by placitasroy (July 19, 2010 2:13 pm ET)
         
      Where did the "e" go on vot & intimidat?
      Report Abuse
      • Author by Grey Fedora (July 19, 2010 3:08 pm ET)
          1
        "Where did the "e" go on vot & intimidat?"

        Its now on the end of "poll"

        Perhaps Sarah Palin is posting here?
        Report Abuse
      • Author by didi (July 19, 2010 9:25 pm ET)
           
        Drop the e for excellence.
        Report Abuse
      • Author by DellDolly (July 19, 2010 10:41 pm ET)
        1  
        It says vot!, not vot.

        Vot! means ANY word that starts "vot".

        So, it works for Vote, or Voter, or Voting.

        Same thing with Intimidate or Intimidation, etc.

        It's a search thing.
        Report Abuse
    • Author by commonsense0818 (July 19, 2010 6:21 pm ET)
      1 1
      Yet another attempt by Media Matters to try and prove they have even the slightest relevance in American society, however falling flat on their face once again. First off, charges were filed against the Black Panthers for their obvious voter intimidation. The Black Panthers didn't even show up to their own hearing, giving the judgment to the DOJ without even having to argue the case. After getting their judgment, the DOJ dropped most charges and gave a somewhat slap on the wrist to the individual who was bearing the baton (He can't go to that same polling place until 2012, but he can go anywhere else). In the Arizona case, however, there were never any charges filed. Why? Because there wasn't hardly any evidence that supported the allegations (Notice their use of the word "allegedly"). Actually, there were more witnesses that contradicted those allegations, hence why no charges were ever filed. So why would these allegations require National Media? Answer: They wouldn't, not unless whoever reported on the story wanted to be the next Dan Rather. It also explains why NONE of the other major media outlets reported on the Arizona case either (including MSNBC and CNN). Why doesn't the author mention that? Obviously it must have slipped the author's mind (Yeah right!)
      Report Abuse
      • Author by pearlene_scott1602 (July 21, 2010 11:14 pm ET)
        1  
        First off, charges were filed against the Black Panthers for their obvious voter intimidation.

        Interesting?

        It was the Bush DOJ who CHOOSE to make a CIVILcharge NOT a criminal charge against the NBP with violating Section 11(b) of the Civil Rights Act of 1965.

        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.
        The complaint alleged that the defendants violated Section 11(b) because they attempted to engage in and engaged in both voter intimidation and intimidation of individuals aiding voters.


        Section 11 (b) of the Voting Rights act is rarely used and difficult to try.

        In fact, we can find records of only three cases filed by the government under Section 11(b) since its inception.

        The standards for proof are high. And, as in every case, the question to be addressed is whether the evidence is sufficient to sustain the burden of proof. And on that question, reasonable minds can differ and can look at the same set of facts but draw different conclusions regarding whether the burden of proof has been met.


        The Black Panthers didn't even show up to their own hearing, giving the judgment to the DOJ without even having to argue the case.

        Department had a continuing legal and ethical obligation to ensure that any relief sought was consistent with the law and supported by the evidence.

        After getting their judgment, the DOJ dropped most charges and gave a somewhat slap on the wrist to the individual who was bearing the baton (He can't go to that same polling place until 2012, but he can go anywhere else).

        The maximum penalty for conviction on a charge of voter intimidation under federal guidelines is a fine and/or no more than one year in prison.

        Section 11(b) does not authorize any other kinds of relief, such as criminal penalties, monetary damages, or civil penalties.

        In the Arizona case, however, there were never any charges filed. Why? Because there wasn't hardly any evidence that supported the allegations (Notice their use of the word "allegedly"). Actually, there were more witnesses that contradicted those allegations, hence why no charges were ever filed

        Really? If a nightstick is considered a weapon WHY wouldn't a loaded GUN be considered a weapon by the Bush DOJ?

        Any evidence?.... Really?
        Diego Bernal, a staff attorney with the Mexican American Legal Defense and Education Fund (MALDEF), said the trio was trying to intimidate Hispanic voters. "A gun, a camera, a clipboard before you even get to the polls - if that's not voter intimidation, what is?" he asked.

        Bernal said his group encountered the men at the Precinct 49 polling place at South 12th Avenue and West Michigan Street and began documenting the scene with their cameras. "There was an interesting period where they were taking pictures of us taking pictures of them."


        Seems like you can make your exact same case with the Bush DOJ? I mean, could it be the Bush DOJ didn't want to anger the rabid White anti-immigration who they rely on to get elected?

        And last, but not least -- vigilantes

        On Election Day, a posse of three men in Tucson, Ariz., proved that the Wild West still lives.

        The group, which was three strong, and allegedly composed of two anti-immigration activists, Russ Dove and Roy Warden, carried a camcorder, a clipboard -- on which, they said, was information about a proposed law to make English the state's official language -- and a gun. While one man would approach a voter, holding the clipboard, another would follow, pointing the video camera at them. The third would stand behind, holding his hand to the gun at his hip in what activists on the other side called classic voter intimidation tactics in a precinct one local paper had previously declared the bellwether of the area's Hispanic vote.
        It's not the first time Dove and Warden have been accused of this type of act. Dove, who is a convicted felon and former militia member, patrolled Arizona's polls in 2004 as well, and Warden has publicly burned a Mexican flag (for which he was charged with arson) and acknowledged that he sought a concealed-carry permit for a gun, partly in hopes of enticing a local police officer to attack him and force Warden to use deadly force in self-defense.






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