Fox News' report on the Supreme Court's recent order temporarily blocking a Texas law that imposed strict requirements on state abortion providers included references to the horrific crimes of convicted murderer Kermit Gosnell, but left out the law's dangerous implications for women's health and access to reproductive care.
On October 14, the Supreme Court stopped implementation of the law, allowing over a dozen Texas abortion clinics to re-open. The law "caused all but eight of the state's abortion clinics to close," according to The New York Times. The challenged restrictions require all abortion clinics in the state to meet the standards of "ambulatory surgical centers" and all doctors "performing abortions to have admitting privileges at a nearby hospital." The court order blocked the former requirement and partially blocked the latter.
The October 15 edition of Fox News' America's Newsroom invoked Gosnell's crimes in its report on the Supreme Court order. Senior judicial analyst Andrew Napolitano admitted that "the practical effect of [the law] was to reduce the number of facilities in the state of Texas that could perform abortions," but went on to characterize the Texas law as intended to protect women's health and prevent crimes like Gosnell's:
Fox News is using the horrific murder of an Oklahoma woman to misrepresent President Obama's gun policy and to falsely accuse him of "wag[ing] a war on the Second Amendment" and of wanting to "ban guns in the hands of everybody except the police."
On September 26 a man who had been recently fired from his job at an Oklahoma food processing plant attacked his co-workers, beheading one with a knife and wounding another. The attack was stopped when the suspect was shot and wounded by the business' CEO, who is also a reserve sheriff's deputy. Local law enforcement has asked the FBI to investigate the crime to determine if there is any link to terrorism.
A September 30 segment on Fox & Friends used the Oklahoma murder to attack Obama, with co-host Steve Doocy asking, "So with yet another example of how guns save lives, why does President Obama and his administration continue to wage a war on the Second Amendment?"
In the discussion that followed, Doocy and guest Andrew Napolitano, Fox News' senior judicial analyst, pushed a number of myths about actions the Obama administration has taken to reduce gun violence, including falsely claiming that Obama supports banning civilian gun ownership, that Obama wants to use an international treaty to make it "very, very difficult to carry guns," that Obama has ordered doctors to ask patients about gun ownership, that Obama has forced people to disclose their race when buying guns, and that Obama has used executive actions "to limit the uses of guns."
(The segment also included false claims about gun violence generally, including the "more guns equals less crime" conservative media myth and falsehood that civilians with guns could serve as a panacea for public mass shooting incidents.)
Fox News' senior judicial analyst Andrew Napolitano incorrectly called a Seattle ordinance fining residents for throwing away compostable trash "unconstitutional" -- the United States Supreme Court found in 1988 that garbage placed on the curbside was not protected by the Fourth Amendment.
In September, Seattle's City Council passed an ordinance that would fine residents one dollar if trash collectors observe that more than 10 percent of trash is made up of compostable items:
Under the new rules, collectors can take a cursory look each time they dump trash into a garbage truck. If they see compostable items make up 10 percent or more of the trash, they'll enter the violation into a computer system their trucks already carry, and will leave a ticket on the garbage bin that says to expect a $1 fine on the next garbage bill.
Apartment buildings and businesses will be subject to the same 10 percent threshold but will get two warnings before they are fined. A third violation will result in a $50 fine. Dumpsters there will be checked by inspectors on a random basis.
Collectors will begin tagging garbage bins and Dumpsters with educational tickets starting Jan. 1 when they find violations. But fines won't start until July 1.
On the September 29 edition of Fox News' Your World with Neil Cavuto, Andrew Napolitano called Seattle's new ordinance fining residents "unconstitutional," asserting that the searching of garbage is "absolutely prohibited by the Fourth Amendment":
Right-wing outlets are claiming that the Obama administration is using the standard form for federal gun background checks to engage in "racial profiling" and to find out "who has guns" because the form asks about race and ethnicity. But the form has asked for this information since at least 2001, and identifying information is destroyed within hours of a background check being processed.
People who buy firearms from licensed dealers are required to fill out the Bureau of Alcohol, Tobacco, Firearms, and Explosives' Form 4473, which is processed by the FBI-administered National Instant Criminal Background Check System (NICS). The form asks buyers for information such as name, height, weight, date of birth, and race and ethnicity.
In a September 16 article, Washington Times reporter Kelly Riddell wrote that a 2012 revision of Form 4473 meant that "[t]he Obama administration quietly has been forcing new gun buyers to declare their race and ethnicity, a policy change that critics say provides little law enforcement value while creating the risk of privacy intrusions and racial profiling." According to Riddell, the change was made by the ATF "[w]ith little fanfare."
The change in the 2012 revision is that race and ethnicity were separated into questions 10.a. and 10.b.:
Right-wing media are warning President Obama that taking executive action on the immigration crisis after Congress failed to pass immigration reform may spur talk of impeachment. But legal experts have confirmed that the president has broad authority to issue executive orders on immigration.
From the August 7 edition of Fox News' Your World with Neil Cavuto:
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From the July 31 edition of Fox News' Fox & Friends:
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Fox & Friends co-host Steve Doocy displayed a striking disregard for reality, claiming that conservatives are "not talking about" impeaching President Obama while failing to note that just days ago, Fox's Andrew Napolitano called for impeachment on the same show.
On the July 29 edition of Fox News' Fox & Friends, co-host Brian Kilmeade suggested Obama is trying to "bait" Congress into impeaching him by overreaching on the implementation of immigration policies. Doocy replied, "Brian, to your point about impeachment, only Democrats are talking about it. Republicans, conservatives, not talking about it. Only Democrats. It's to gin up the base before November."
But just days ago, on July 17, Fox News legal analyst Andrew Napolitano appeared on Fox & Friends and counseled the GOP to impeach the president, which Napolitano claimed would "focus his attention immediately."
Right-wing media and Republicans are blaming Democrats and President Obama for allegedly "ginning up" the issue of impeachment for political benefit, but that Pandora's Box was opened by conservatives themselves, who have been demanding impeachment since Obama first took office.
In an interview with conspiracy website WND (which has its own "Impeachment Store"), Rep. Steve Stockman (R-TX) told conspiracy theorist Jerome Corsi that President Obama "wants us to impeach him now" because "his senior advisors believe that is the only chance the Democratic Party has to avoid a major electoral defeat. Evidently Obama believes impeachment could motivate the Democratic Party base to come out and vote."
Stockman's proclamation that the president is "begging to be impeached" was quickly trumpeted as the top story on the Drudge Report and Fox Nation, and Stockman isn't the only one trying to pin the increase in impeachment discussion on Democrats. While refusing to answer whether impeachment is off the table for House Republicans, incoming House Majority Whip Rep. Steve Scalise (R-LA) claimed "this might be the first White House in History that's trying to start the narrative of impeaching their own president."
Fox News America's Newsroom host Martha MacCallum also attempted to distance impeachment rhetoric from the right and pin it on Democrats, claiming that while "some" Republicans have called for impeachment, "The White House itself has been talking a lot about this potential impeachment, even though a lot of members of the GOP want nothing to do with it."
She continued, saying impeachment was "kind of crazy when you think about it," and dismissed Fox News contributor Sarah Palin's impeachment call, saying "it really gained no traction among Republicans. A couple talk show hosts also liked the idea, apparently, but that seemed to be pretty much as far as it went. And now, there seems to be a move to convince Americans that all Republicans are interested in that option." Her guest, Republican New Hampshire Senate candidate and former Fox News contributor Scott Brown, responded by saying that there is "no appetite" for impeachment among Americans.
While MacCallum claimed Palin's call for impeachment "gained no traction among Republicans," in Fox News' own poll released last week, a majority of Republicans (56 percent) endorsed the idea of impeaching Obama.
Furthermore, these attempts to pivot and shift blame towards Democrats for invoking impeachment severely downplay conservatives' responsibility for the narrative.
There's a brewing conservative media war over whether to impeach President Obama.
Largely relegated to the fringe for years, the prospect of impeachment has been invigorated thanks to conservative media figures like Fox News contributors Sarah Palin and Allen West, who have spent recent weeks loudly demanding Obama's removal from office. But not everyone in conservative media is on board, with several prominent figures arguing that impeachment is ill-fated, politically toxic, and could severely damage Republicans' chances in the upcoming 2014 midterm elections.
Last week, Fox News polled on the question, finding that while a strong majority of Americans (61 percent) oppose impeachment, 56 percent of Republicans are in favor of it.
Over the weekend, impeachment got another boost thanks to Rep. Steve Scalise (R-LA), the incoming House Majority Whip, appearing on Fox News Sunday and refusing "to take impeaching President Barack Obama off the table if Obama takes executive action to limit deportations." On Saturday, Rep. Steve King (R-IA) announced on Breitbart News Saturday that if the president uses more executive actions on illegal immigration, "we need to bring impeachment hearings immediately before the House of Representatives."
In June, House Speaker John Boehner (R-OH) introduced a plan to sue the president over the delayed implementation of the employer mandate in the Affordable Care Act. While Boehner has repeatedly dismissed impeachment talk, reporters like the New Republic's Brian Beutler have speculated that the lawsuit was designed to "serve as a relief valve for the building pressure to draw up articles of impeachment."
If Boehner's lawsuit was designed to cool impeachment fever, it's not working. Several conservative media figures have lashed out over his "political stunt" and continue to bang the impeachment drum. As November approaches, the fight over impeachment among conservative media is getting increasingly acrimonious with each side convinced the other is hurting the country.
Media Matters looks at where various conservative commentators currently stand on impeachment.
From the July 17 edition of Fox News' Fox & Friends:
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Right-wing media labeled the Environmental Protection Agency's (EPA) plan to garnish the wages of polluters who have failed to pay their fines a "power grab," even though the agency is acting with authority granted to it by decades-old federal law that is already used by 30 other federal agencies.
On July 2, the EPA announced that it would implement a provision of the Debt Collection Improvement Act that would allow the agency to collect delinquent debts from polluters by garnishing their wages without first obtaining a court order. This law, which was approved by an overwhelming majority in both houses of Congress and signed into law in 1996, is applicable not just to the EPA but all federal agencies. According to the text of the law and Department of the Treasury guidelines, all federal agencies who collect delinquent debts can "collect money from a debtor's disposable pay by means of administrative wage garnishment to satisfy delinquent nontax debt" without going to the courts first.
Right-wing media outlets like The Washington Times were quick to accuse the EPA of "flexing its regulatory muscle under President Obama" to "unilaterally garnish the paychecks of those accused of violating its rules," because the EPA's proposed rule would no longer require the agency to "obtain a court judgment before garnishing non-Federal wages." The Times framed the announcement as an EPA "power grab," even though the report later pointed out that "every federal agency has the authority to conduct administrative wage garnishment." Fox News was similarly outraged over the EPA's announcement, with Townhall.com news editor Katie Pavlich appearing on The Kelly File to claim that "the EPA now is acting as judge, jury, and executioner" by attempting to adopt the wage garnishment rule.
But Fox's senior judicial analyst, Judge Andrew Napolitano, took it even further on the July 10 edition of Fox & Friends. Napolitano complained that the EPA did not have the authority to garnish wages without a court order because "Congress never authorized it. Congress couldn't authorize it. It blatantly violates the Constitution." Napolitano went on to claim that the EPA's proposed plan was "not legal" because the rule didn't protect debtors' "right to a hearing," and that it was "the president's people" who were behind the rule change:
Mere weeks after right-wing media loudly defended racist Nevada rancher Cliven Bundy with erroneous allegations of a "federal land grab" of his property, the same conservative outlets are now advocating for a border fence that would require an immense seizure of private lands.
In the first half of 2014, thousands of children fled across the U.S.-Mexico border to escape rising violence plaguing their home countries in Central America. Anti-immigrant figures in the right-wing media have responded by stoking nativist insecurities, erroneously suggesting the children pose public health and safety concerns and that they will be allowed to stay in the United States indefinitely.
Many of these figures have also returned to calls for a fence to be constructed on the U.S.-Mexico border.
Conservative radio host and ABC News contributor Laura Ingraham made the completion of a border fence part of her personal plan to address holes in the nation's immigration policy in a manifesto titled, "The Government Vs. The People: Rebuilding Trust In The Midst Of The Illegal Alien Tsunami".
On Fox News July 9, America's Newsroom co-host Martha MacCallum floated the idea of prioritizing appropriations to construct a border fence over money for humanitarian care and administrative personnel to facilitate customs hearings. On July 8, Fox guest Pat Buchanan said in an appearance on Hannity, "Why cannot the government say 'Look, let's get together, we do need a secure fence, a double- or triple-link fence, all along the border of the United States with Mexico'?"
About a week earlier, contributor Charles Krauthammer advocated for a border fence, saying, "If fences don't work, why is there one around the White House?"
Calls for a fence often lack context or details -- and in MacCallum's case, drastically misinform on the cost of such an endeavor. In particular, conservative media tend to ignore the fact that, in order to complete a border fence, the federal government will have to seize, through eminent domain, the private property of American landowners from Texas to California.
At least 15 Fox News hosts and contributors have recently campaigned with two political organizations created and heavily funded by billionaire industrialists Charles and David Koch. Many of those same Fox News personalities have also defended the Kochs from attacks and praised their political efforts on-air.
The controversial conservative brothers founded the 501(c)(4) group Americans for Prosperity (AFP) and its 501(c)(3) sister group the Americans for Prosperity Foundation (AFPF) in 2004. David Koch has called AFP the group he feels "most closely attached to and most proud of" and chairs AFPF's board. (The Washington Post notes of the IRS code distinction: "A 501(c)(4) is allowed to do considerably more issue advocacy work than a 501(C)(3), however. Neither group has to disclose the identity of its donors or the amounts of money those contributors have given.")
Politico's Ken Vogel reported that AFP "intends to spend more than $125 million this year on an aggressive ground, air and data operation benefiting conservatives, according to a memo distributed to major donors and sources familiar with the group." The Washington Post wrote that with a paid staff of 240, split between 32 states, AFP "may be America's third-biggest political party." In 2012, "More than $44 million of the $140 million the organization raised in that election cycle came from Koch-linked feeder funds."
AFP and AFPF are part of a massive $400 million network of political groups spearheaded by the Kochs. The Huffington Post's Paul Blumenthal noted, "It is the electoral focus of the Koch nonprofits and their sophisticated efforts to shield donors' identities -- plus the vast sums of money they move -- that has brought them the unwanted attention of both Democratic Senate leadership and reporters. There exists no outside network or organization supporting Democratic Party candidates in elections, while not disclosing its donors, that spends money in comparable amounts."
AFP states that it "mobilizes citizens to effectively make their voices heard in public policy issue campaigns" and "educates citizens about where their elected officials stand on our issues." AFP campaigns have included false attacks about health care reform, clean energy, economic issues, and elected Democrats like President Obama.
Fox News personalities are the public face of many AFP/AFPF events. Promotional materials heavily tout the speakers' affiliation with Fox News to increase attendance. According to a Media Matters review, the following Fox News personalities have participated in AFP and AFPF events since 2012: Guy Benson, Tucker Carlson, Monica Crowley, Jonah Goldberg, Greg Gutfeld, Mary Katharine Ham, Mike Huckabee, Laura Ingraham, Andrew Napolitano, Sarah Palin, Charles Payne, Dana Perino, John Stossel, Cal Thomas, and Juan Williams.
The Koch/Fox News events are aimed at rallying attendees to support conservative causes and fight progressive initiatives. For example, an invitation for a May event featuring Tucker Carlson stated the rally will "send a message to the Left that we know the truth and support free market solutions." Information for a November 2013 rally with Monica Crowley said participants will "learn how you can fight back against government restrictions, taxes, and out-of-control spending." And an October 2012 event with John Stossel was a "Hands Off My Health Care Rally" which sought "to fully repeal Obama's deeply flawed health care bill."
Media Matters previously documented how numerous Fox News personalities campaigned for Republican candidates and organizations during the 2011-2012 election cycle.
Conservative media are calling the Environmental Protection Agency's clarification of the Clean Water Act an "unprecedented land grab" that will regulate "nearly every drop of water." However, the proposed revision, which will help protect the drinking water of 117 million Americans, will not add any new categories of waters but will clarify that upstream sources will be protected from pollution.