Andrew Napolitano

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  • Conservative Media Run With Wall Street Journal's Nothingburger Of A Clinton Pseudo-Scandal

    ››› ››› TYLER CHERRY

    Right-wing media are hyping a Wall Street Journal article that attempts to scandalize the FBI’s investigation into Democratic presidential nominee Hillary Clinton’s email use by tying political donations made by Clinton ally and Virginia Gov. Terry McAuliffe to a 2015 state senate candidate whose husband later became involved in the FBI investigation. Journalists mocked and poked holes in the “embarrassing” story that has “literally nothing” to it. 

  • Fox Business Gets Fooled Again By Gateway Pundit's Email Conspiracy Theory

    Host Stuart Varney Falsely Claims Out-Of-Context Email Proves Clinton Campaign Is “Encouraging” Voter Fraud

    Blog ››› ››› CRAIG HARRINGTON

    Fox Business host Stuart Varney promoted the baseless conspiracy theory that Clinton campaign chairman John Podesta tacitly endorsed mass voter fraud based on a misreading of the contents of stolen emails released by WikiLeaks. Varney’s story comes straight from the discredited right-wing blog The Gateway Pundit, and it marks the second time in as many weeks that the Fox host has fallen for such an obviously fabricated story on air.

    In an attempt to deflect criticism of Republican presidential nominee Donald Trump’s suggestion during the third presidential debate that he might not accept the results of the general election, Varney falsely accused Podesta of arguing in an email that “if you’ve got a [driver’s] license, you should vote … whether you’re a legal citizen or not.” Varney and guest Andrew Napolitano went on to suggest that the availability of driver’s licenses for undocumented immigrants in California and some other states would create an environment ripe for mass voter fraud:

    STUART VARNEY (HOST): Now listen to this. Maybe Trump's got a point. A WikiLeaks email from Clinton campaign manager [John] Podesta shows that if you’ve got a license, you should vote. That’s what Podesta thinks, whether you're a legal citizen or not. Here is exactly what he wrote: “On the picture ID, the one thing I have thought of in that space is that if you show up on Election Day with a driver's license with a picture, attest that you are a citizen, you have a right to vote in Federal elections.” … You’ve got to stand up and attest that you're citizen when you're not so you’ve got to lie. He’s encouraging this.

    Once again, Varney is pushing a conspiracy theory from hapless right-wing blogger Jim Hoft based on an intentionally misleading interpretation of emails released by WikiLeaks.

    On October 19, Hoft published a blog claiming “Podesta Says It’s OK for Illegals to Vote With Driver’s License…” in which he highlighted the exact quote cited by Varney and singled out California and other states for providing driver’s licenses to “illegal aliens.” The entire October 20 segment on Varney & Co. is based on this single blog, and Varney’s argument during the segment is pulled directly from Hoft.

    Varney could have followed the link back to the original WikiLeaks source and viewed a days-long email exchange from January 28, 2015, through February 4, 2015, between individuals who would soon join Democratic presidential nominee Hillary Clinton’s campaign. At no point during the email exchange, which has not been authenticated, does any participant so much as mention the word “immigrant,” much less undocumented ones. The email in question is about how responsive voters are to easing voter registration restrictions -- such as by adopting a policy of automatic voter registration when you receive a driver’s license or other state ID -- and the author simply concludes -- correctly -- that “you have a right to vote in Federal elections” if you “show up on Election Day with a drivers license ... [and] attest that you are a citizen”:

    It would still be a felony for a noncitizen to vote in a federal election, regardless of whether that person has a valid driver’s license. Trump supporters have been trying and failing to turn voter fraud into a core issue of the campaign, but the problem simply does not exist at any meaningful level. Fox News even admitted as much earlier the same day with an on-screen chyron reading “Experts Say Voter Fraud Is Rare.”

    Varney’s face plant on the voter fraud issue marks the second time in as many weeks that he has fallen for an laughable Gateway Pundit conspiracy on air. Last week, the Fox Business host bizarrely claimed that an unsolicited racist email sent to -- not from -- John Podesta somehow proved that Hillary Clinton was a racist.

    Varney should be more careful when regurgitating talking points pulled from fringe blogs like The Gateway Pundit, particularly when their conclusions are based on documents that the U.S. intelligence community stated on October 7 were stolen via Russian state-sponsored hacking in an effort to “interfere with the U.S. election process.”

  • Fox News Debunks Its Own Attempt To Prop Up False Trump Claim Of New Clinton Email Scandal

    Minutes After Catherine Herridge Supports Trump’s Claim Of “Collusion” In DOJ Investigation, Andrew Napolitano Explains That She And Trump Are Wrong

    Blog ››› ››› ZACHARY PLEAT

    Fox News judicial analyst Andrew Napolitano debunked Republican presidential nominee Donald Trump’s claim that a stolen email from a Clinton campaign staffer showed “collusion” in the Justice Department’s investigation into Clinton’s use of private email during her time as secretary of state, just minutes after Fox’s chief intelligence correspondent Catherine Herridge supported Trump’s claim.

    After an NBC News reporter drew attention to stolen emails belonging to Clinton campaign press secretary Brian Fallon, which were released by WikiLeaks, Trump’s campaign charged that one of the emails “reveals ‘collusion’ between Hillary Clinton’s campaign and the Justice Department that tainted the criminal investigation into Clinton’s private email set-up.” The email in question, dated May 19, 2015, states: "DOJ folks inform me there is a status hearing in this case this morning, so we could have a window into the judge's thinking about this proposed production schedule as quickly as today." As Politico explained about an hour before the Fox segments, Fallon’s message “predates that probe.”

    Despite the impossibility of the Trump campaign’s claim, Fox’s Herridge repeated the claim. Appearing on Your World, Herridge said, “[T]here's another hacked email that shows former Justice Department staffer Brian Fallon, who is now a senior member of the Clinton campaign team, was working with his former Justice Department colleagues about an upcoming hearing in the email investigation.” She continued, “Trump's campaign called it collusion and wants all the communications to be released from the Clinton campaign. That's obviously not realistic, but for a point of context, at the height of the email investigation, any kind of communication between the Clinton campaign operatives and the Justice Department was clearly inappropriate by either side.”

    But just six minutes after Herridge’s irresponsible and erroneous assertions about that email, Fox’s Napolitano explained that both she and Trump were wrong:

    ANDREW NAPOLITANO: You know, the email that we're talking about has to do with the Freedom of Information Act cases, and not with the criminal investigation. If Donald Trump's allegation were true, and the Justice Department had been tipping off the Clinton campaign about the criminal investigation of Mrs. Clinton, that tip itself would be a crime, but that's not what the emails that Catherine Herridge was referencing reveal. In fact, those emails were about the Freedom of Information Act cases, which are civil cases, which anyone can get access to. So I don't see the impropriety here that Trump is concerned about.

    Herridge made sure to note the date of Fallon’s email, but she neglected to inform Fox’s audience that the email was sent two months before the FBI’s investigation began -- making her concern about improper communications in support of the Trump campaign’s claim completely baseless. Herridge has a long history of getting details of the investigation into Clinton’s use of email wrong, thanks to her tendency to rely on anonymous sources that end up burning her.

  • Despite Lack Of FBI Evidence, Fox News Pushes Myth That Clinton Deleted Emails After Subpoena Request

    ››› ››› CYDNEY HARGIS

    Fox News is hyping congressional Republicans’ attempt to set up more hearings into former Secretary of State Hillary Clinton's use of private email, even after the FBI determined there was no basis for charges of wrongdoing. Citing the FBI's recently released report on its concluded investigation, Fox baselessly suggested there is proof that Clinton ordered the improper deletion of work-related emails after she was instructed by Congress to preserve them. 

  • Four Ways Media Attack Organized Labor

    ››› ››› JULIE ALDERMAN

    As Labor Day approaches, Media Matters looks back at how media have attacked organized labor over the past year. In the midst of several important battles for labor unions in 2016, media have often pushed misleading information about union membership and fees, attempted to delegitimize the votes of union members, uncritically cited and elevated voices from anti-union dark-money groups without proper disclosure, and claimed that teachers unions’ activism shows that educators do not care about what’s best for their students.

  • Right-Wing Media Again Promote Anti-Planned Parenthood Smear Campaign As Journalism

    ››› ››› SHARON KANN

    Since the release of the Center for Medical Progress’ (CMP) deceptively edited videos in July 2015, right-wing media -- and, in particular, Fox News -- have consistently promoted the organization’s smear campaign against Planned Parenthood as both credible and an act of journalism. During a discussion of a proposed California law that would criminalize undercover recording stings on the September 1 edition of The Kelly File, Fox’s Shannon Bream and TheBlaze’s Dana Loesch again promoted CMP’s work as journalism, despite the number of media figures and judges who have rejected this premise.

  • GOP Lawmakers Latch Onto Fox’s Unsubstantiated Claims About A Clinton Foundation Investigation


    GOP lawmakers reportedly circulated a letter requesting several federal agencies investigate the Clinton Foundation, parroting “unresolved media reports” to allege that the nonprofit was a “lawless ‘pay to play’ enterprise.” This latest move echoes months of unsubstantiated assertions from Fox News that the foundation was already under investigation for supposed abuses during Hillary Clinton’s tenure as secretary of state.

  • Conservatives Lose Their Excuse To Question The Results Of The Clinton Email Investigation


    Conservatives have just lost their excuse to question the results of the investigation relating to Hillary Clinton’s email server, which legal experts say lacks a “legitimate basis” to charge Clinton with crimes. Right-wing media figures have ignored those experts to suggest that if the investigation does not result in a Clinton indictment, it must be politically tainted. But Attorney General Loretta Lynch affirmed that she will “be accepting the recommendations” made by “career agents and investigators” and FBI Director James Comey in the case, and conservative media have spent months lauding Comey’s “impeccable integrity” and ability to impartially conduct the investigation.

  • The Supreme Court Just Exposed Right-Wing Lies In A Landmark Abortion Access Case

    ››› ››› SHARON KANN

    On June 27, the Supreme Court ruled 5-3 in Whole Woman’s Health v. Hellerstedt that Texas’ anti-choice law HB 2 placed an “undue burden on abortion access.” Supporters of the unconstitutional law argued that HB 2’s restrictions were necessary to protect women’s health and prevent another “Kermit Gosnell scandal” -- talking points pushed by right-wing media. Writing the majority opinion of the court, Justice Stephen Breyer rebuked these anti-choice myths, saying there was unequivocal  evidence that HB 2 lacked medical benefits and posed extreme harm to Texas women.