Byron York

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  • Right-Wing Media Baselessly Allege DOJ Lawyers Lied To Judge In Immigration Case

    Blog ››› ››› MEAGAN HATCHER-MAYS

    Right-wing media are baselessly accusing the Department of Justice of lying to the judge in Texas overseeing the legal challenge against President Obama's immigration actions. They are claiming that a DOJ attorney made false statements in court when she indicated that applications for two new deferred-action programs were not being processed. But these right-wing media figures are wrong. These two programs are not proceeding. The federal government has renewed 100,000 applications for deferred action for immigrants eligible under a 2012 program -- a third category of applicants who are not covered in the case.

    Republican officials from 26 states sued the Obama administration after the president signed a series of executive actions on immigration in November. In part, these executive actions temporarily defer deportations for two new categories of eligible undocumented immigrants, such as parents of citizens. These acts of prosecutorial discretion also immediately changed the president's original 2012 Deferred Action for Childhood Arrivals (DACA) program by extending the deferral period from two years to three, in order to bring it in line with the expiration dates for the new programs. Before the federal government could start accepting applications from immigrants eligible for the two new programs -- a modified version of DACA and the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) -- a district court judge in Texas issued an injunction temporarily blocking from going into effect. The third category, under the 2012 guidelines, was not enjoined.

    In accompanying court proceedings, under questioning from the judge, the DOJ confirmed that applicants for the two new categories were not yet being processed, as the judge instructed.

    Right-wing media have attacked Obama's immigration action since it was announced, and have commended the Texas judge for putting it on hold, even though the legal basis for the injunction is quite shaky. Now conservative media outlets are also claiming that the administration's lawyers lied because the Department of Homeland Security approved or renewed 100,000 applications from the original 2012 DACA program between November 2014 and February 2015 and applied the deferral for three years instead of two -- even though that change was required to be immediately applied.

  • Right-Wing Media's Eleventh-Hour Smear Of Civil Rights Nominee Shows They Got Nothing

    Blog ››› ››› SERGIO MUNOZ

    adegbile fox

    From the moment Debo Adegbile was nominated to the most recent smear in the Washington Examiner, right-wing media have made clear that their objection to President Obama's pick to head the Civil Rights Division of the Department of Justice (DOJ) is that he is one of the preeminent civil rights attorneys of his generation.

    Paradoxical? Only if you believe in civil rights precedent and the idea that civil rights experts should be the ones bringing civil rights cases.

    Right-wing media, apparently, believe in none of that.

    Byron York's attempt in the  Examiner to tenuously link Adegbile with guidance from the Equal Employment Opportunity Commission was just another example of right-wing media's concern that Adegbile might do his job a little too well. Resorting to invoking right-wing media's favorite civil rights bogeyman of the long-established legal doctrine for establishing impermissible racial discrimination from unjustified racial effects, York accused Adegbile of "embrac[ing]" the EEOC's "crazy" use of disparate impact precedent. From the March 3 column:

    It's not unusual for businesses to conduct a check before hiring new employees. If the check uncovers that the applicant has, say, a felony conviction in his past -- well, that can put a quick end to the application process.

    But Obama's Equal Employment Opportunity Commission has ruled that the use of background checks in hiring is racially discriminatory.


    Hearing that, many employers might say: This is crazy. There are companies that will reject a job candidate because he posted something embarrassing on his Facebook page, and the Obama administration is warning businesses they'll be in trouble if they don't hire convicted felons?

    Of course a business, after a background check, might well choose to hire a felon. But that is the employer's decision -- not the Obama administration's.


    At the moment, EEOC "guidance" does not have the force of law, no matter the threats from top EEOC officials. That's where Debo Adegbile comes in. When he was with the NAACP, Adegbile praised the commission's guidelines. Now, if he becomes the assistant attorney general for civil rights, he will have the power to pursue the same or similar policies.

    In written questions, Republican Sen. Chuck Grassley asked Adegbile whether he would, if confirmed, "take action to abridge or eliminate an employer's ability to perform criminal background checks on potential employees." Adegbile embraced the EEOC position and suggested it would guide his own actions in the Justice Department. "If employers do perform background checks, the EEOC has released guidance on the subject," he told Grassley. 

    But York is stretching in this failed attempt to land a new hit on Adegbile.

  • Fox News Attacks EPA For Addressing Smog Pollution


    In response to a new Environmental Protection Agency (EPA) regulation on sulfur in gasoline, Fox News misinformed viewers about the health benefits of reducing sulfur, which contributes to smog, and overstated even the claims of the oil industry about the costs of the rule.

  • Conservative Media Hides Behind Cancer Patient As Another Obamacare Horror Story Falls Apart

    Blog ››› ››› OLIVER WILLIS

    As fact checkers investigated and debunked claims made in an ad attacking the Affordable Care Act, Fox News and other conservative media used a cancer patient's illness to defend the spot's dishonesty.

    The episode is part of an ongoing pattern in the conservative media of promoting anecdotal Obamacare horror stories that have fallen apart under scrutiny.

  • Watch Fox News Debunk Its Own Claim Of An Insurer "Bailout"

    Blog ››› ››› ZACHARY PLEAT

    A Fox News segment falsely labeled as a "bailout" a temporary system to pay health insurers money they are owed by the federal government to subsidize insurance plans in the Affordable Care Act exchanges, even though the segment itself debunked the notion.

    Despite the improvements that have been made to fix some of the numerous issues with, problems with parts of the website remain. Subsidies that help make the plans offered on the exchanges more affordable are paid directly from the government to insurers, but the online system that handles these payments is not ready. Bloomberg explained that a temporary system to make these payments to insurers has been set up:

    The government's original plans called for the federal system to automatically determine consumer subsidies and issue payments to insurers. Instead, the companies will submit estimates that will be "trued up" by the government at a later date, according to a CMS memo provided to Bloomberg News. The work-around for insurers will be in place until the automatic payment system is ready, though CMS has no specific date for the fix, [Centers for Medicare & Medicaid Services spokesperson Aaron] Albright said.

    On December 4, America's Newsroom co-host Bill Hemmer said of the temporary payment system: "Some say it already looks like a bailout for the insurance companies. There's that B-word again." As he introduced The Washington Examiner's Byron York, Hemmer said "you could call it a bailout," which York agreed with.

    But during the segment, York and co-host Martha MacCallum mentioned details that debunk Hemmer's claim that this is a bailout, noting that this is money the insurers will receive anyway and that the government and the insurers will later make sure the payments are accurate. Watch:

    Daniel Durham, an executive at industry trade group America's Health Insurance Plans, explained to Reuters that "[o]nce the system is built, the government and insurers can reconcile the payments made with the plan data to 'true up' payments." CMS spokesperson Aaron Albright told Bloomberg that this temporary process "is consistent with how payments have been made to issuers in the Medicare program."

    No bailout involved.

  • Fox News Dishonestly Dismisses Border Enforcement Provisions In Senate Immigration Bill

    Blog ››› ››› SAMANTHA WYATT


    Washington Examiner correspondent Byron York dishonestly criticized the Senate immigration bill as a mere "promise of border security," ignoring the significant border enforcement component of the Senate immigration bill.

    On the July 17 edition of America's Newsroom, co-host Bill Hemmer and York discussed a recent Fox News poll on immigration which found that 81% of those surveyed are in favor of "strengthening border security," while 74% favor legalization that includes a pathway to citizenship for undocumented immigrants currently in the country. York responded to the poll by falsely claiming that the Senate immigration bill is weak on border enforcement:

    YORK: Well, the key word is first. The big issue is the sequence of those things, because a lot of Americans do favor legalizing the immigrants who are here illegally at the moment and putting them on a path to citizenship. But they want border security to be in place first. And the Senate bill was essentially a promise of border security in place, and the House will want to insist on the reality of border security that's actually done and in place before the process gets underway.

  • Fox Suggests Obama's Overseas Trips Are Ploy To Help Poll Numbers

    Blog ››› ››› TYLER HANSEN

    Fox News host Martha MacCallum and contributor Byron York suggested that the President Obama may have scheduled his current trips to Europe and Africa to help his poll numbers even though both trips were scheduled as early as November 2012.

    Obama is currently in Northern Ireland attending a G8 summit before embarking on a tour of Africa -- an effort to strengthen economic ties to the continent. On the June 18 edition of America's Newsroom, MacCallum and York were discussing the president's current job approval rating when MacCallum wondered aloud whether Obama was trying to "get overseas and do some traveling and draw the attention somewhere else" in an attempt to "turn the tide." York responded, "Well, he's trying that."

    Both the G8 summit and the Africa trip were being planned as early as November 2012, according to the BBC and Politico respectively. At that time, President Obama had just won re-election and had a job approval rating of over fifty percent.

  • Fox Finds New Way To Twist Panetta's Benghazi Testimony


    Fox News contributor Byron York suggested that Defense Secretary Leon Panetta's congressional testimony on Benghazi indicated that President Obama failed to order the military to protect Americans under attack. However, Panetta testified that Obama explicitly directed him to take military action to protect American lives.

    On Fox's America's Newsroom on Friday, guest host Rick Folbaum aired clips of Sen. Lindsey Graham (R-SC) questioning Panetta during Thursday's hearing about the attack on a U.S. compound in Benghazi, Libya. York described Panetta's testimony as confirming that "[a]fter having a prescheduled meeting in the afternoon on that day, Secretary Panetta spoke to [President Obama] no more." York then said, "I think what became clear with Lindsey Graham's questioning about possible military activity is that nobody in the Pentagon would have ordered military action without a specific order from the president. And the president wasn't around."

    But Panetta's very testimony refutes York's accusation: Panetta made it clear that Obama ordered Joint Chiefs of Staff chairman Gen. Martin Dempsey and himself to take all necessary action to protect Americans under attack. 

  • Fox News' Bogus Hunt For Pork In Sandy Bill Continues

    Blog ››› ››› MAX GREENBERG

    Photo: Steve Zaffarano,

    Fox News is continuing its hunt for "pork" in a Hurricane Sandy relief bill blocked by House Speaker John Boehner, claiming that the bill included $600 million for the Environmental Protection Agency to address climate change. But the funds in question actually focused on ensuring affected states' access to clean water, a crucial issue in the wake of the storm - and emblematic of future consequences of climate change. 

    Rep. Boehner recently canceled a vote on a Sandy relief bill, prompting heavy criticism from some members of his own party. He later reversed course and called for a vote on $9 billion for the National Flood Insurance Program, with another $51 billion in relief spending to be voted on later. 

    Continuing Fox News' attempts to find "pork" in the bill, Fox News anchor Bill Hemmer proclaimed lawmakers "were just chucking everything" including "$600 million for climate change for the EPA"  into the bill, and "that's where the resistance" from Rep. Boehner came:

    But the previous day, Rep. Carolyn Maloney had explained to Fox Business that the "money is for wastewater treatment," which she pointed out is "very much needed" in many areas hit by Sandy. Indeed, The New York Times reported that sewage from storm-battered treatment plants had flowed into New York and New Jersey waterways after the storm, "a sign of an environmental and public health disaster that officials say will be one of the most enduring and expensive effects of Hurricane Sandy."