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  • Trump And The Pitfalls Of Relying On Stop-And-Frisk Myths Three Years Too Late

     After Lester Holt Fact Check, Trump Now Confused About What Version Of Stop And Frisk He Wants

    Blog ››› ››› SERGIO MUNOZ

    One of the dangers of haphazardly reviving right-wing media myths is that some falsehoods are much trickier than others to walk back. During the first presidential debate of 2016, GOP nominee Donald Trump learned this the hard way, when moderator Lester Holt of NBC News fact-checked him cold about the unconstitutional version of stop and frisk that the Republican presidential nominee recently proposed as a nationwide model.

    During the September 26 debate, Trump once again invoked his support for New York City’s past application of stop and frisk, which was struck down by a federal judge three years ago and abandoned on appeal, much to the disappointment of right-wing media proponents of “order” over constitutional protections. When Holt responded that “stop and frisk was ruled unconstitutional in New York, because it largely singled out black and Hispanic young men,” Trump snapped back, “No, you’re wrong. … If you look at it, throughout the country, there are many places where it's allowed.”

    But Holt was right. And that’s true without even getting into the fact that contrary to Trump’s assertions, the tactic was a proven failure at reducing violent crime in New York City.

    The generalized police practice of stop and frisk may be a common one used across the country, but if the way it’s specifically practiced results in racial profiling, it violates the federal Constitution’s protections against equal protection violations and unlawful search and seizure. That’s exactly what happened in the since-abandoned version practiced in New York City, which was exactly what Holt pointed out. If that’s the version Trump supports, he is supporting an unconstitutional policy that impermissibly discriminates on the basis of race. If he instead merely supports the version that is “allowed” “throughout the country,” then how is that a solution for reducing crime rates when it’s already in effect?

    This issue first cropped up during this campaign season on September 21, when Fox News’ Sean Hannity hosted a town hall for Trump, this one advertised as part of the nominee’s outreach to African-American voters. During the recorded event (which was bumped from airing that night due to protests over another questionable police shooting of a black man, this time in Charlotte, NC), Trump made the surprising proposal that his plan for protecting black residents of the “inner cities” was to bring back the widely reviled New York twist on stop and frisk that was struck down in federal court as unconstitutional racial profiling.

    When Trump’s unaired comments leaked, media outlets immediately began calling out his support for an abandoned and racially discriminatory policing method as a peculiar form of outreach to black voters. In response, the next morning Trump falsely claimed on the September 22 edition of Fox & Friends that he really only meant that it should be brought back in Chicago – a city he apparently was unaware already employs the practice.

    It was these confusing contradictions -- and Trump’s refusal to admit that his much-promoted “outreach” to African-American voters included a promise to stop and search them on the street because of the color of their skin -- that led Holt to try to set the record straight during the debate.

    In the wake of this and the many other aspects of Trump’s disastrous debate performance, the nominee’s supporters began spinning hard, including by making the false claim that Holt had somehow claimed stop and frisk was unconstitutional everywhere. Trump supporter, former New York City mayor, and frequent stop-and-frisk defender Rudolph Giuliani was particularly vocal. First he falsely smeared Holt’s fact check, arguing on Fox News that “Lester Holt's statement was completely ignorant and completely uncalled for, and he shouldn't get involved in a legal issue he doesn't know a darn thing about.” Later, Giuliani added Clinton to his criticism on the issue, saying she’s “totally wrong and completely ignorant” about stop and frisk. He also tried to separate himself from the actions of former New York City Mayor Michael Bloomberg and Police Commissioner Ray Kelly, who were at the helm when the stop-and-frisk policies they inherited from Giuliani’s mayorship were ruled unconstitutional. “It’s not unconstitutional if you do it the right way -- and that's what [Trump] is talking about, doing it the right way,” said Giuliani. “It was never found unconstitutional when I did it.”

    But Trump has specifically praised Kelly’s stop-and-frisk policies that were ruled unconstitutional – and he recently affirmed (intentionally or not) that this unconstitutional version of the practice still has his support.

    And this was the dilemma Trump faced as Holt accurately fact-checked his embrace of New York City’s past application of unconstitutional stop and frisk. The right-wing media bubble out of which Trump plucked his stop-and-frisk soundbite has regularly been concerned with “order” first and the U.S. Constitution second (if ever). If he stuck with that, at least it would be intellectually honest. On the other hand, the “doing it the right way” stop and frisk approach Giuliani is falling back on to cover up for Trump has been in place for almost 50 years under the Supreme Court decision Terry v. Ohio -- so there’s no need for Trump to claim he’ll bring it back.

    So which one is it?

    It’s not Lester Holt’s fault that Trump and his surrogates can’t or won’t explain themselves. Some myths can’t survive outside the bubble.

  • Online Polls Are “Garbage,” But Fox News Still Cites Them

    ››› ››› NICK FERNANDEZ

    Fox News and Republican presidential candidate Donald Trump hyped online post-debate polls to claim that Trump won the debate, saying that “every poll” showed that he “did better” than Democratic nominee Hillary Clinton. But online polls involve “a self-selecting group of respondents,” and journalists and polling experts generally view them as unreliable -- “garbage” even.

  • Following Widespread Derision Of Debate Performance, Trump Returns To Fox Cocoon While Surrogates Do Real Interviews

    Blog ››› ››› ALEX KAPLAN

    Republican presidential nominee Donald Trump retreated to Fox News’ Fox & Friends for a friendly interview following widespread criticism of his September 26 presidential debate performance which was deemed a loss for Trump, while his campaign surrogates took real interviews on other cable and broadcast news networks.

    Journalists across the political spectrum lambasted Trump’s September 26 presidential debate performance, criticizing the false statements he made -- and that debate moderator Lester Holt repeatedly challenged -- on numerous issues including the Iraq War, birtherism, and his tax returns.  Reporters noted that Trump spent much of the debate on the defensive regarding those issues and that he repeatedly interrupted both Holt and Democratic presidential nominee Hillary Clinton. Other media figures slammed Trump for bragging that he got President Obama to release his long-form birth certificate and for his false claim that Clinton’s 2008 campaign started the racist birther conspiracy theories about Obama’s birthplace. Voters and commentators proclaimed that Trump had lost the debate to Clinton, with some calling the performance “an unmitigated disaster” and a “terrible night” for Trump.

    The following day, Trump retreated to Fox News to discuss the debate with the hosts of Fox & Friends. The show has a history of buddying up with Trump, giving him a platform to push false claims including that President Obama was not born in the United States, and Trump has lauded the show’s hosts in return. The show’s September 27 interview with Trump continued its softball history with the candidate. Rather than challenging Trump on any of his false statements, the hosts asked questions such as, “So how do you think it went last night?” and, “Do you feel that Lester Holt asked Hillary Clinton an equal number of hostile questions?” The hosts joined Trump in criticizing Holt, with co-host Steve Doocy claiming he “leaned a little over into the left lane” in contrast to Matt Lauer’s “fair and balanced” performance at NBC’s Commander-in-Chief Forum (for which Lauer has been widely criticized). Co-host Ainsley Earhardt even praised Trump for his response to Clinton’s accurate claim that the federal government had sued him for housing discrimination, saying, “I did like how you responded to that, though, because when they throw those things at you, and you’re -- being in the audience, I didn't know about that. And then when you explain it, then you’re like, ‘Oh, OK, well that makes sense.’” The hosts also gave Trump space to attack, without any pushback, a former Miss Universe winner and to insult her weight.

    In contrast with Trump’s cocoon on Fox’s morning show, Trump surrogates took harder interviews at other networks. Hosts on NBC’s Today and CBS This Morning challenged Trump’s running mate, Indiana Gov. Mike Pence (R), about why Trump took credit for spurring President Obama to release his birth certificate, about whether Trump “lie[d]” when he falsely claimed he never said climate change was a hoax, and why Trump bragged about possibly not paying taxes. On CNN’s New Day and MSNBC’s Morning Joe, the hosts pressed Trump campaign manager Kellyanne Conway over whether Trump’s birther answer was appropriate and whether he would apologize for his birther campaign. They also asked about Trump’s climate change stance and the quality of Trump’s debate performance overall.

    Trump’s retreat to Fox News continues a recent trend. Fox media reporter Howard Kurtz reported in June that Trump was scaling back on interviews with networks other than Fox. A Media Matters analysis found that between September 7, when Trump appeared on NBC’s Commander-in-Chief Forum, and September 22, Trump gave seven interviews to Fox News, totaling more than 1 hour and 40 minutes of airtime. During the same time frame, he had not appeared on ABC, CBS, NBC, CNN, or MSNBC. Given Trump’s withdrawal to a network that repeatedly delivers softball interviews, it perhaps is not surprising that he struggled when he was actually fact-checked by a journalist at the debate. Responding to CNN host Carol Costello’s observation that Trump’s Fox & Friends interview did not include “difficult questions,” CNN media correspondent Brian Stelter noted that Trump had “mostly sheltered himself within conservative media” and said that he had “doubts about whether it's a winning strategy now.” And as The New York Times’ Alex Burns noted of the Fox & Friends interview, “[T]his is how you end up unprepared for real questions and real heat in a debate.”

  • Fox's Alternate Reality On New York City's Murder Rate

    ››› ››› BOBBY LEWIS

    Fox News used a misleading chart featuring incomplete data to defend Republican presidential nominee Donald Trump’s false claim made during the first presidential debate that “murders are up” in New York City. Fox’s chart used data from 2014 to 2015 to demonstrate a rise in murder rates, but did not include complete data showing that murder rates in New York City are down in 2016 from the same point last year.

  • Trump Can’t Make Up His Mind On Lester Holt’s Debate Performance 

    Trump Reverses Course On Praise Of Holt After Right-Wing Media Find Fault

    ››› ››› CYDNEY HARGIS

    Less than 12 hours after Republican presidential nominee Donald Trump and his campaign praised NBC’s Lester Holt for asking “very fair” questions during the first presidential debate, Trump walked back his support of Holt, stating that he asked “very unfair questions at the end” of the debate. Trump’s reversal echoed right-wing media figures who claimed Holt was tougher on Trump than Democratic presidential nominee Hillary Clinton, and argued that Holt should have brought up Clinton’s emails and the Clinton Foundation.