In the face of repeated infrastructure related disasters, Fox News host Neil Cavuto has continued to dismiss calls for an increase in infrastructure spending, claiming that spending on infrastructure is high enough. In reality, infrastructure spending has plummeted in recent years.
Fox News distorted the testimony of Attorney General Eric Holder to claim that he committed perjury before the House Judiciary Committee last week.
It was recently revealed that the Justice Department obtained a search warrant for the communications records of Fox News reporter James Rosen in an effort to track down a leaker who provided him with classified information on North Korea in 2009. On May 15, during a hearing of the House Judiciary Committee, Rep. Hank Johnson (D-GA) asked Holder about the warrant and the potential for prosecuting journalists accused of publishing classified information that they obtained from government sources. Holder responded (emphasis added):
With regard to the potential prosecution of the press for the disclosure of material. That is not something that I've ever been involved in, heard of, or would think would be a wise policy.
On May 24, the Justice Department released a statement clarifying Holder's involvement in the approval process for the warrants in question (emphasis added):
"The Department takes seriously the First Amendment right to freedom of the press. In recognition of this, the Department took great care in deciding that a search warrant was necessary in the Kim matter, vetting the decision at the highest levels of the Department, including discussions with the Attorney General. After extensive deliberations, and after following all applicable laws, regulations and policies, the Department sought an appropriately tailored search warrant under the Privacy Protection Act. And a federal magistrate judge made an independent finding that probable cause existed to approve the search warrant."
Fox News' Special Report on May 24 argued that these statements were inconsistent and concluded that the Attorney General had previously lied to the Judiciary Committee and thus had committed perjury. Host Shannon Bream began the show stating, "It's his story, but he's not sticking to it," claiming that Holder has "chang[ed] his tune" on his involvement in the scrutiny of journalists. Contributor Steve Hayes claimed that Holder's two statements were "incongruent" and Charles Krauthammer speculated that it may be "a case of perjury."
In fact, the statements are not "incongruent" whatsoever. Holder's comments to the Judiciary referred to the possibility of prosecuting journalists for publishing classified information, but that is not the crime the Justice Department's warrant accused Rosen of committing. DOJ investigators were concerned with Rosen's solicitation of classified information, not any subsequent publication of it. Wired explained (emphasis added):
According to the affidavit (.pdf), FBI Agent Reginald Reyes told the judge there was probable cause to believe that Rosen had violated the Espionage Act by serving "as an aider, abettor and/or co-conspirator" in the leak. The Espionage Act is the same law that former Army intelligence analyst Bradley Manning is accused of violating when he leaked information to the secret-spilling site WikiLeaks.
To support his assertion, Reyes quoted an email exchange between Kim and Rosen, in which Rosen told him that he was interested in "breaking news ahead of my competitors" and had a particular interest in "what intelligence is picking up." He also told Kim, "I'd love to see some internal State Department analyses."
The suggestion was that Rosen broke the law by soliciting information from Kim, something that all journalists do routinely with sources.
Nonetheless, the federal judge found there was probable cause to believe that Rosen was a co-conspirator and approved the warrant.
In other words, Holder's on-the-record denial of involvement in any prosecution of news organizations for publishing classified information in no way conflicts with any knowledge he may have possessed or action the DOJ may have taken against reporters for soliciting said information. Fox's perjury accusations simply don't align with the facts.
From the May 24 edition of Fox News' The Five:
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Fox News personalities have seized on the brutal killing of a soldier in London to rail against immigration, claiming that immigration policies are partly to blame for the attacks. Conservative media figures similarly used the Boston bombing to condemn immigration and undermine immigration reform.
On Fox News, former New York City Mayor Rudy Giuliani suggested that the Obama administration has refused to recognize extremist Muslim ideology as a unifying theme in terrorist attacks on the U.S. even though the day before President Obama expressly identified radical Islam as "a common ideology" in terrorist attacks.
On the May 24 edition of Fox's America's Newsroom, Giuliani attacked a speech that Obama delivered the day before at the National Defense University, claiming the president does not understand the role of extremist Islamic ideology in fueling terrorism and comparing him to "a police chief that refuses to recognize" a connection between many serial killings:
In fact, President Obama discussed the role that radical Islam plays in terror attacks in his speech, stressing the need to understand that terrorist threats "don't arise in a vacuum":
Lethal yet less capable al Qaeda affiliates. Threats to diplomatic facilities and businesses abroad. Homegrown extremists. This is the future of terrorism. We must take these threats seriously, and do all that we can to confront them. But as we shape our response, we have to recognize that the scale of this threat closely resembles the types of attacks we faced before 9/11. In the 1980s, we lost Americans to terrorism at our Embassy in Beirut; at our Marine Barracks in Lebanon; on a cruise ship at sea; at a disco in Berlin; and on Pan Am Flight 103 over Lockerbie. In the 1990s, we lost Americans to terrorism at the World Trade Center; at our military facilities in Saudi Arabia; and at our Embassy in Kenya. These attacks were all deadly, and we learned that left unchecked, these threats can grow. But if dealt with smartly and proportionally, these threats need not rise to the level that we saw on the eve of 9/11.
Moreover, we must recognize that these threats don't arise in a vacuum. Most, though not all, of the terrorism we face is fueled by a common ideology - a belief by some extremists that Islam is in conflict with the United States and the West, and that violence against Western targets, including civilians, is justified in pursuit of a larger cause. Of course, this ideology is based on a lie, for the United States is not at war with Islam; and this ideology is rejected by the vast majority of Muslims, who are the most frequent victims of terrorist acts.
The recent brutal slaying of a gay man in New York City had all the trappings of a national news story, so why was it ignored by major cable news outlets?
On May 17, Mark Carson was shot in the face and killed while walking home in New York's Greenwich Village by a man who pelted him with anti-gay slurs and asked, "You want to die tonight?" Carson's alleged killer, Elliot Morales, reportedly laughed as he was arrested by police, bragging about what he had done.
The incident highlights a recent spike in anti-gay hate crimes both in New York City and across the country. Days after Carson's death, community members staged a massive rally against anti-gay violence featuring several city mayoral candidates.
Carson's death was also symbolically significant. The shooting took place just blocks away from the Stonewall Inn, considered by many to be the birthplace of the modern gay rights movement. And the brutal hate crime comes in the wake of growing acceptance of LGBT people, with three more states adopting marriage equality just in the past several weeks.
But despite the significance of Carson's death, cable news outlets largely ignored the incident, opting instead to continue obsessively reporting on the trial against Jodi Arias, a woman who has been convicted of murdering her boyfriend.
According to an Equality Matters analysis, while all three major cable news networks extensively covered Arias' trial and her plea to jurors to avoid the death penalty, CNN spent less than one minute discussing Carson's murder, and Fox News ignored the story completely:
Right-wing media figures argued that Internal Revenue Service official Lois Lerner waived her Fifth Amendment rights at a congressional hearing by declaring her innocence before invoking those rights. By contrast, legal experts say Lerner's statement did not negate her constitutional protections.
In one of his final opinions as a Supreme Court Justice, Hugo Black in the 1971 Pentagon Papers case wrote that "The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government." The Court's 6-3 decision granted the Washington Post and New York Times permission to resume publishing a comprehensive and classified government history of the Vietnam War. The permission was granted over the "national security" objections of the Nixon administration. Black's opinion stressed that the "press was protected so that it could bare the secrets of government and inform the people."
The Pentagon Papers case revolved around the more traditional press debate regarding prior restraint: if and when the government has the right to stop news organizations from disseminating sensitive information. The Supreme Court's landmark 1931 media ruling, Near v. Minnesota, declared that almost all forms of prior restraint were unconstitutional. One of the few exceptions included issues of national security.*
Of course, the recent Obama administration controversies surrounding freedom of the press revolve around national security and the intense prosecutorial efforts by the government to weed out leakers of classified information. Rather than trying to stop journalists from reporting national security news, federal law enforcement seems preoccupied with snooping around, in increasingly clandestine ways, and ensnaring reporters in criminal investigations.
Whether it was the Department of Justice's wild overreach in seizing phone records of more than 20 separate telephone lines used by Associated Press editors and reporters, or the Department's more focused, yet even more troubling, information grab of a Fox News reporter, the practice is wrong and shortsighted. It's also un-American.
The Founding Fathers had the foresight to carve out extraordinary privileges and protections for the press, and for centuries they have endured. So why now turn our storied First Amendment into the Sort Of First Amendment or the When It's Convenient First Amendment?
Imagine what international observers must be thinking as they watch the U.S. government, in the name of leak investigations, chisel away at one of America's most famous contributions to the democratic way of life: Freedom of the press.
Yet it's also important to note that despite some of the heated rhetoric in recent days, there's little evidence that the federal government is waging some sort of all-out war on journalism (that it's "spying" on reporters), or that it's set out a dangerous new policy to "criminalize" the craft. And no, Fox News certainly hasn't been "targeted" by the Obama administration, despite Fox's plaintive cries of victimhood in recent days. (There's certainly no evidence to back up Shepard Smith's baseless on-air claim that the Department of Justice "went into" Fox News computer servers and "pulled things out.")
From the May 24 edition of Fox News' Fox & Friends:
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Amid reports that former State Department spokesperson Victoria Nuland was nominated by President Obama to a higher post, Fox News immediately engaged its smear machine to launch a false attack on her, claiming she had misled Congress and the American people about terrorist groups possibly involved in the attack on a U.S. diplomatic facility in Benghazi, Libya.
Politico reported on May 23 that Nuland, who had been "involved in the editing of the administration's talking points on Benghazi," was nominated by Obama to be the assistant secretary of state for European and Eurasian affairs, a position that requires Senate confirmation. Politico also reported the nomination "could come under scrutiny from Republicans" for her input on the administration's unclassified talking points on the terrorist attack in Benghazi.
Fox News jumped on the news to smear Nuland and continue its long-running attempt to promote Benghazi as a devastating scandal. On May 24, Fox's early morning show Fox & Friends First said that Nuland is "accused" by unnamed people of "misleading Congress and Americans." Co-host Patti Ann Browne continued:
BROWNE: The State Department spokesperson who played a key role in editing the talking points on the Benghazi terror attack is getting a promotion. President Obama has nominated Victoria Nuland as Assistant Secretary of State for Europe. She's accused of misleading Congress and Americans by downplaying the role terrorists played in that attack. This comes as the investigation deepens; several lawmakers are pushing to interview 13 top State Department officials, including former Secretary of State Hillary Clinton.
On Fox & Friends, guest co-host Anna Kooiman suggested that Nuland was "being promoted for politics," and asked, "where's the accountability?" The following graphic aired during the segment:
But recently released administration emails which document the process of drafting the Benghazi talking points show that it's Fox News that is being misleading.
From the May 24 edition of Fox News' Fox & Friends:
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Bill O'Reilly ignored reality and claimed that "President Obama is not holding anyone accountable" for the actions of the Internal Revenue Service (IRS) after an Inspector General report found the agency gave extra scrutiny to tea party groups' tax status applications. O'Reilly failed to mention the fact that the Obama administration has fired Steven Miller, the acting commissioner of the IRS, placed Lois Lerner, the director of the tax-exempt organizations division at the IRS, on administrative leave, and that Attorney General Eric Holder ordered a criminal investigation into the case.
On the May 23 edition of Fox News' The O'Reilly Factor, O'Reilly told guest Ben Stein, "I think to be fair on this we have to say a few things definitely. That President Obama is not holding anyone accountable. That's absolutely true." O'Reilly then claimed that the president should "be scolded for that," and that Lerner should have been suspended immediately.
But President Obama and Treasury Secretary Jack Lew forced Miller out as a "first step," with President Obama promising to "do everything in my power" to stop future targeting. On May 23, the acting IRS commissioner placed Lois Lerner on administrative leave after she refused his request that she resign. And Attorney General Eric Holder announced on May 14 that the Justice Department would work with the FBI to see if any laws were broken in relation to the IRS case.
Fox News' scandal machine, eager for a new target after the collapse of its Benghazi investigations, has been whitewashing Mr. Obama's response from the start. Some in the right wing media are even using the opportunity to call for a special prosecutor.
From the May 23 edition of Fox News' The Five:
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Fox News figures scapegoated Islam and promoted Islamophobia following an attack in London reportedly perpetrated by radical extremists which has been denounced by Muslim organizations in Britain.
Fox News ignored the brutal murder of a gay man in New York City, which has been labeled a hate crime by local police, while CNN underreported the story. Even though the attack is part of a disturbing spike in anti-gay violence in New York, the cable networks instead focused on covering the proceedings in the trial against Jodi Arias.