Right-wing media are wildly distorting facts and criminal procedure to pretend Attorney General Eric Holder "lied" to Congress when he testified about government surveillance of journalists and prosecutorial discretion at a May 15 hearing.
Now that the possible chilling ramifications of legal searches of reporters' work product have been widely condemned not only by the press, both political parties, and President Obama and Holder, right-wing media have resorted to misrepresenting search warrant procedure, criminal law, and basic facts of what the Department of Justice (DOJ) actually did in their investigation of how a State Department employee may have violated the Espionage Act of 1917.
Specifically, right-wing media claim Holder's May 15 testimony is inconsistent with a two-year-old affidavit DOJ filed in support of a search warrant request for an email account associated with Fox News' James Rosen, as part of their investigation into the government official's unauthorized disclosure of classified information. Fox News host Sean Hannity was the most recent example, who showed a clip of the testimony on his May 29 show and then stated "what you just witnessed was the United States Attorney General lying while under oath before Congress."
Continuing in a vein set by Fox News host Megyn Kelly on the May 28 edition of America Live when she complained "it is one thing for the DOJ to go into a courtroom and try to get your records, your phone records, your email records. It's quite another for them not to give you any notice[,]" right-wing media is complaining that the underlying legal rationale behind the warrant request was incorrect. In support of this argument, the Drudge Report has been pushing claims made on Breitbart.com that Holder went "judge shopping" in pursuit of approval for this supposedly flawed search warrant.
As of this writing, there is no indication that the IRS's inappropriate targeting of conservative political groups has any connection whatsoever to the White House. And some conservative talking heads are even acknowledging as much. But they're not letting that stop them from naming Barack Obama as the culpable party, arguing that the president is responsible due to his preternatural ability to bend the average bureaucrat to his maleficent will from afar.
It all started with RedState founder Erick Erickson, who wrote on May 15 that "Barack Obama never specifically asked that tea party groups and conservatives be targeted." But...
But by both his language and the "always campaigning" attitude of his White House, he certainly sent clear signals to Democrats with the power and ability to fight conservatives to engage as they could. Given his rhetoric against his political opponents, it is no wonder sympathetic Democrats in the Internal Revenue Service harassed and stymied conservative groups and, though little mentioned, pro-Israel Jewish groups and evangelical groups.
"President Obama did not have to tell the IRS specifically to harass conservative, evangelical, and Jewish groups who might oppose him," Erickson observed. "His rhetoric on the campaign trail and in the permanent campaign of the White House operations made clear what he wanted."
Right-wing media are increasingly and uniformly pushing the "personhood" position in their anti-choice attacks, an absolutist argument that equates fetuses with persons and goes beyond repealing Roe v. Wade to banning all abortions.
As recently as the 2012 presidential campaign, the GOP standard bearer claimed that although he opposed Roe v. Wade, he supported standard exceptions to abortion restrictions, and overturning 40 years of reproductive rights precedent would merely "return to the people and their elected representatives the decisions with regards to this important issue." This so-called moderate Republican position on "limits on abortion" was endorsed by prominent right-wing media figures such as Jennifer Rubin of The Washington Post, who assured her readers that "the GOP isn't waging a 'war on women'; it is waging a war on abortion on demand."
Now that the election is over, Rubin is following the lead of right-wing media and using convicted murderer Kermit Gosnell to attack extremely rare and mostly prohibited late-term abortions, by arguing a "baby is far more than a fetus" or a "a clump of cells" because "there's a lot of science out there that...allows us to save these children." From Rubin's appearance on the May 13 edition of Fox News' America Live:
We're talking about infants that if they would be operated on, for example, by a surgeon at 24 weeks, would likely survive. As you say, you can take sonogram, you can see them sucking their thumb, they respond to music, there's all sorts of indications that that baby is far more than a fetus, which is the way the pro-abortion lobby likes to refer to it. And I think this makes Americans confront that. The president doesn't want to talk about it. He goes out and talks to Planned Parenthood, and says I'm all with you folks, and those are the people who want abortion on demand for any reason, any place, any time.
I think one of the problems that the abortion lobby is having is the science. They say conservatives don't like science. Well, there's a lot of science out there that not only allows us to save these children but also allows you to see them. And to obtain an indication that this is something far more than just a clump of cells.
In falsely comparing Gosnell's killing of newborns with legal abortion, Rubin is making an important rhetorical shift that is being repeated elsewhere on Fox News. On May 14, Fox News co-host of The Five, Andrea Tantaros, did the same:
[Gosnell's conviction] gives the pro-life movement an argument against the pro-abortion movement, which is they continue to argue, argue, argue in favor of abortion. However, this court just said, you kill a baby outside the womb, it's murder. But what about a baby inside of the womb? That question has to be answered. And I think that this does give the pro-life movement some fuel for their fight.
Since Kermit Gosnell's conviction of the murder of three infants, right-wing media have dismissed existing laws and the context of Gosnell's case as part of their ongoing campaign to connect his horrific crimes to legal abortion procedures.
Members of conservative media are trumpeting a government report indicating that gun homicides have fallen as proof that the need for stronger gun laws is unwarranted, while ignoring multiple factors that could account for the decrease. At the same time, firearm violence continues to be a problem as firearm homicides have fallen less than serious violent crime in general and the rate of gun violence in the United States still far outpaces other high-income nations.
In a May report, the Department of Justice Bureau of Justice Statistics (BJS) indicated that the number of gun homicides fell 39 percent from 18,253 in 1993 to 11,101 in 2011. The Pew Research Center adjusted the figures to represent per capita rates in its report on the BJS data, finding that the incidence of firearm homicide has fallen 49 percent during that time period.
Right-wing media have quickly seized upon this data to dismiss the need for stronger gun laws. According to the National Review Online's Charles C. W. Cooke, the BJS and Pew reports make "embarrassing reading for those who spend their time trying to make it appear as if America is in the middle of a gun-crime wave." John Nolte of Brietbart.com wrote, "This report not only proves the media wrong, it proves the NRA right." Conservative Washington Post blogger Jennifer Rubin wrote that the reports represent "rotten data for anti-gun advocates trying to revive the Newtown, Conn., anti-gun legislative package." Townhall's Katie Pavlich, who is also a contributor at Fox News, added, "Once again more guns do in fact equal less crime."
But there is no logic to their arguments that data from the reports constitutes evidence against proposals to strengthen gun laws. Gun availability has been repeatedly linked to higher incidence of firearm homicides, and firearms remain the driving factor of homicides, with 70 percent of murders involving guns. According to an October 2012 report from BJS, the rate of serious violent crime declined 75 percent between 1993 and 2011, meaning that gun homicides are declining at a slower pace than overall crime.
Other factors may help explain the fall of gun crime since the early 1990s including reductions in lead levels, the end of the crack epidemic, advances in medicine that allow more gunshot victims to survive their wounds, and a declining rate of gun ownership.
Rich Lowry and Jennifer Rubin complained that President Obama used the term "women's health" and did not mention the word "abortion" while speaking in front of Planned Parenthood on April 26, despite the fact that abortions only make up a small portion of the women's health services that Planned Parenthood provides.
On the May 5 edition of Meet the Press, host David Gregory quoted a May 2 blog post by National Review editor Rich Lowry that appeared in Politico in which he wrote:
President Barack Obama was proud to become the first sitting president to address Planned Parenthood last Friday. But not proud enough to utter the word "abortion."
The unwritten rule is that when the left discusses abortion it is never called "abortion," but always referred to as "health" or, more specifically "reproductive health" - although abortion is the opposite of reproduction and for one party involved, the opposite of health.
Gregory read text from the blog in which Lowry stated unequivocally that "the left" is substituting the term "women's health" for "abortion." Gregory then provided MSNBC contributor and The Grio managing editor Joy-Ann Reid an opportunity to briefly respond to Lowry's question about why the president didn't mention abortion if it's "such a wonderful thing."
Host Chris Wallace brought up Obama's speech to Planned Parenthood as well during the May 5 edition of Fox News Sunday. Jennifer Rubin of The Washington Post, responded by saying:
RUBIN: I find his language so telling. He won't even use the word "abortion," he says "women's health." Can he not bring himself to say that we are talking about terminating pregnancies?
Despite the widely held, and repeatedly debunked, right-wing myth that the overwhelming majority of services provided by Planned Parenthood are abortion services, they make up a very small part of the services Planned Parenthood provides. One in five American women has chosen Planned Parenthood for health care at least once in her life and according to Planned Parenthood's latest annual report, abortion services made up a mere three percent of the services performed in 2011, while 95% of the services provided included STD testing and treatment, cancer screening and prevention, and contraception:
During the segment, Wallace himself provided statistics showing some of the other women's health services provided by Planned Parenthood:
Right-wing media are falsely claiming that a State Department Inspector General review is linked to dubious allegations that State ignored "whistleblowers" during an independent review of attacks on a diplomatic compound in Benghazi, Libya. In fact, the routine investigation was planned before the State Department's Accountability Review Board released its findings, has nothing to do with "whistleblower" allegations, and will investigate decades of State actions.
Washington Post blogger Jennifer Rubin incorrectly wrote that Sen. Harry Reid (D-NV) is proposing to "ban explosive powder" as a response to the Boston Marathon bombings when in fact Reid has proposed requiring a criminal background check for individuals who buy explosive powder.
The Senate proposal, originally sponsored by Sen. Frank Lautenberg (D-NJ), but being shepherded by Reid in his absence, would require a background check to "purchase black powder, black powder substitute, or smokeless powder, in any quantity." Furthermore the legislation would allow the Attorney General to stop explosives sales to suspected terrorists. Under current law inclusion on the terrorist watch list alone does not prohibit individuals from buying explosives or firearms.
While Rubin's apparent aim was to make Reid's response to the Boston bombings seem ridiculous -- explosive powder has many legitimate uses -- explosive powder is a common component in domestic bombings. Furthermore, because of lobbying by the National Rifle Association, it is currently legal to purchase up to 50 pounds of black or smokeless powder without undergoing a background check.
Decades before the Boston bombings -- where the perpetrators reportedly may have used black or smokeless powder -- explosive powder has been known to be regularly employed by domestic bombers. According to a 1980 report issued by the Office of Technology Assessment, a now defunct office of Congress, in incidents involving both successfully detonated and undetonated bombs, "black and smokeless powders and cap sensitive high explosives all occur with high frequency." A 2005 report from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) found that "because black powder is relatively inexpensive (between $5 and $15 per pound), it is the most common explosive used in pipe bombs." The report also found that explosive powders were present in the most fatal of bombings between 2002 and 2004:
According to National Repository data, 8 people were killed and 49 people were injured by explosives from January 2002 through December 2004. Explosive powders, which may be obtained legally in quantities up to 50 pounds without a license or permit, were the largest cause of deaths and injuries. Over 50 percent of those killed and injured during this period were victims of explosive devices containing black powder. Twenty-five percent of those injured were victims of improvised explosives devices, many of which containing common chemicals.
Still the NRA has spent decades lobbying against the regulation of black and smokeless powder -- which can be components of gunpowder -- and is largely responsible for the current background check exemption for purchasers of up to 50 pounds of explosive powder.
Washington Post blogger Jennifer Rubin is seizing on a recent poll showing that George W. Bush's approval numbers are up to declare "Bush is back," arguing that America is starting to appreciate Bush's policies in the light of what she calls the "rotten" Obama presidency. To make her case, Rubin neatly excises from Bush's record every single massive failure and disaster that resulted in Bush leaving office as one of the least popular presidents in history.
Rubin managed to cram so much misinformation and nonsense into seven short paragraphs that it's tough to pick a place to start, but this one is worthy of special attention:
Why the shift? Aside from the "memories fade" point, many of his supposed failures are mild compared to the current president (e.g. spending, debt). Unlike Obama's tenure, there was no successful attack on the homeland after 9/11. People do remember the big stuff -- rallying the country after the Twin Towers attack, 7 1/2 years of job growth and prosperity, millions of people saved from AIDS in Africa, a good faith try for immigration reform, education reform and a clear moral compass.
"Aside from the 'memories fade' point, many of his supposed failures are mild compared to the current president (e.g. spending, debt)." Funny thing about those "spending" and "debt" failures of Obama's that make Bush's supposedly seem so mild: Bush-era policies are responsible for the lion's share of the current public debt and will continue exacerbating the debt situation long after President Obama has left office.
"Unlike Obama's tenure, there was no successful attack on the homeland after 9/11." This is false. There were a number of successful terrorist attacks between 9-11 and the end of the Bush presidency, most prominently the DC-area sniper attacks of 2002. But I'm dodging the real problem, which is the phrase "after 9/11." Her argument -- an argument she's made before -- is that the worst terrorist attack in U.S. history, despite happening on Bush's watch, doesn't count against Bush. Why? She doesn't say. Rubin doesn't allow Obama any terrorism Mulligans, calling his record "spotty at best with Benghazi, Libya, Boston and Fort Hood."
The argument by conservative media that former Congresswoman Gabrielle Giffords and other survivors of gun violence who supported a failed Senate compromise to expand background checks on firearms sales are "props" of the Obama administration is both hypocritically partisan and logically flawed.
Right-wing media are unable to acknowledge that President Obama's gun violence prevention agenda mirrors the priorities of gun violence survivors, who are not mere "props," to pass stronger gun laws. As Greg Sargent of The Washington Post notes, "the families want to stand with the President at events for a fairly obvious reason: Obama is fighting for the same things they want":
All of this aside, the "props" line is actually an insult to the families, posing as a defense of them. It implies that the families, in lobbying on these issues, are not thinking for themselves. In reality, the families want to stand with the President at events for a fairly obvious reason: Obama is fighting for the same things they want. Indeed, one of the family members, Mark Barden, who lost his son Daniel in the shooting, voluntarily stood with the president at the White House yesterday as Obama reacted to news of the Senate vote, and thanked Obama for his leadership. Needless to say, if Barden felt like he was being exploited or used as a prop, he wouldn't be thanking the president. [emphasis in original]
Logical flaws aside, those who would call Newtown families and other gun violence survivors "props" fail to acknowledge that presidents routinely evoke the experiences of victims in advocating for policies that would prevent future tragedies.
In 1991, former President Ronald Reagan evoked his own experience of being shot by a would-be assassin, as well as the experiences of others wounded in the 1981 attack in order to advocate for background checks on gun sales. In a New York Times op-ed Reagan wrote about his press secretary, Jim Brady, who was grievously wounded in the attack by a man who acquired a gun despite a lengthy history of serious mental illness. Brady would go on to lend his name to the legislation -- the Brady bill -- that mandated a background check for gun sales conducted by licensed dealers:
Conservatives in media gloated and launched political attacks in reaction to a coalition of largely Senate Republicans blocking a package of stronger gun laws, including compromise legislation on expanded background checks for gun sales -- a legislative proposal supported by roughly 90 percent of Americans.
Before, during, and after President Obama delivered a speech from the Rose Garden on April 17 vowing to continue the dialogue on gun laws, conservatives in media offered triumphal comments and launched vicious attacks on advocates for gun violence prevention, including family members of Newtown victims and former Congresswoman Gabrielle Giffords, who was wounded in a 2011 mass shooting in Tucson, Arizona.
As Politico noted, conservative bloggers "claimed victory ... saying that their ideology and principles were the keys to their success." The right-wing reaction, however, went beyond basic policy arguments:
In an op-ed for The Washington Times, Jeffrey Scott Shapiro opined that family members of Newtown victims -- many of whom advocated for the passage of stronger gun laws -- did not deserve to be heard because of his apparent belief that background checks infringe on the Second Amendment. Shapiro previously accused Obama of attempting to implement socialism in a piece for The New American, the magazine publication of the far-right John Birch Society. From Shapiro's April 18 op-ed:
I don't believe the families of the victims from the Sandy Hook Elementary School shooting in Newtown, Conn., deserve a vote.
It may sound harsh and uncaring, but even the greatest tragedies are not a valid reason to disregard the Supreme Court and the Constitution of the United States. If they were, our free speech and our rights against unreasonable search and seizure and against self-incrimination would have all been abolished long ago amid every crime wave in American history.
Five years ago, the Supreme Court settled the issue of the Second Amendment in District of Columbia v. Heller, making it clear that guns in "common use" were constitutionally protected. Nevertheless, President Obama recently flew several family members of Sandy Hook victims to Washington on Air Force One to pressure congressional legislators to enact new gun laws.
As the nation mourned the April 15 bombings at the Boston Marathon, media figures used the attacks to offer conspiracy theories, make Islamophobic comments, and push petty political and personal attacks.
Conspiracy Radio Host Alex Jones: U.S. Gov't Is "Prime Suspect" In Attack
Radio host and noted conspiracy theorist Alex Jones responded to the bombings by suggesting that they may have been a "false flag" operation staged by the government:
In a special webcast on April 15, Jones expanded on the conspiracy, saying"You saw them stage Fast and Furious. Folks, they staged Aurora, they staged Sandy Hook. The evidence is just overwhelming. And that's why I'm so desperate and freaked out. This is not fun, you know, getting up here telling you this. Somebody's got to tell you the truth."
WND Columnist Erik Rush's Attempt At "Sarcasm": Kill All Muslims In Response To Attack
Shortly following the bombings, WND columnist and occasional Fox News guest Erik Rush tweeted:
Rush lashed out at critics of his tweet and claimed it was "sarcasm" intended to show that liberals' "precious Islamists say the same about us EVERY DAY."
Washington Post blogger Jennifer Rubin, ever the astute observer of modern liberalism, is lashing out at the left for its reaction to the passing of former British prime minister Margaret Thatcher. Identifying what she claims are the "ten liberal rules for deceased conservative giants," Rubin's indictment lacks coherence, and actually ends up impugning conservatives -- including herself.
Breaking down just a few of these rules shows how far off-base her criticisms are.
Rubin Rule #1: "The only good conservative is a dead one, primarily because they can be used to diminish contemporary conservatives. ('Unlike Reagan, that miserable X never...' is the surefire argument for leftists who never had a nice word to say about Ronald Reagan while he was alive.)"
Trying to diminish a current politician by comparing them unfavorably to a celebrated past politician isn't a "liberal" trick. It's "politics." One can hardly switch on cable news without hearing some wistful pundit damn the current lack of bipartisanship by bringing up Ronald Reagan's and Tip O'Neill's famously chummy relationship. (Looking at you, Morning Joe.)
The past politician doesn't even have to be dead! During the 2012 campaign conservatives tried to attack Barack Obama leading up to the Democratic National Convention by unfavorably comparing him to Bill Clinton.
On a personal level, Clinton was a deal-maker, a compromiser, a welfare reform signer, a budget balancer and never, ever remote or haughty. To the contrary, he perfected the affectation that he was one of us. Clinton is the un-Obama, the guy who worked with a Republican Congress and didn't alienate or demonize business. The Republicans are going to be in hog heaven splicing Clinton's language and accomplishments together with Obama's language and record.
Who wrote that? Jennifer Rubin. Clinton, being alive, was able to put to rest any talk of tension between himself and Obama when he spoke at the convention, at which point Rubin went back to calling Clinton a liar and a braggart.
The Washington Post's Jennifer Rubin interviewed Tim Miller, executive director of a new conservative political action committee centered on opposition research, who reminisced about how conservative operatives successfully used blogger Matt Drudge to push debunked or thinly-researched smears against Democrats in 2004, describing it as a "great model" that needs to be updated.
In a March 24 post at Rubin's "Right Turn" blog, Miller described his organization, America Rising, as being dedicated to the "collection, dissemination and deployment of opposition research against Democrats," and uses Drudge's DrudgeReport.com circa 2004 as a model to return to (emphasis added):
Last week former Mitt Romney campaign manager Matt Rhoades and two young Republican sharpshooters, Tim Miller and Joe Pounder, announced they would set up a new organization, America Rising, devoted to the collection, dissemination and deployment of opposition research against Democrats and a counterpart to the hugely successful American Bridge on the left. On Friday I sat down with Miller and Pounder at a Capitol Hill Starbucks to talk about their new venture.
They plan on instigating nothing less than a revolution in the way the right does and uses oppo research. They are keen on connecting research to communication and every other aspect of campaigns. Pounder tells me, "It must be responsive to the news cycle and polling." Miller jokes that "research has been people sitting in a dungeon or going through trash cans" and then funneling the information up to a press person to send out in a mass e-mail. Miller says, "Now you have to drive the news cycle."
The Romney campaign was certainly hobbled by the Democrats' opposition machine, which cranked out information on everything from Bain to Cayman bank accounts, funneled it to friendly press outlets and the Obama super PAC, and kept the Romney team on perpetual defense. But the problem is not specific to the Romney campaign. Miller recalls, "We had a great model in 2004 -- research guys who fed to Drudge. Drudge drove the mainstream media." But, he says, "in a lot of ways we haven't done a good job of updating [that model]. Over time we rested on our laurels."
In 2006, ABC News highlighted Drudge's influence on media, particularly in the 2004 election cycle, saying, "Republican operatives keep an open line to Drudge, often using him to attack their opponents...And then the mainstream media often picks it up."
Drudge did help drive stories to Fox News, right-wing radio and other outlets during the 2004 presidential election, but much of the blogger's content -- which included discredited attacks on John Kerry's military service -- was thinly-researched, deceptively edited, or flat-out wrong.
Since the summer of 2010, the right-wing media has been obsessively promoting the absurd non-scandal involving the New Black Panther Party, in which the Obama Justice Department was alleged to have dropped voter intimidation charges against the fringe group owing to racial and political solidarity. One of the primary movers of this farce has been Jennifer Rubin, who authored one of the first reports on the story for The Weekly Standard and continued to write at length about DOJ's alleged perfidy at her Washington Post blog.
This month, the Justice Department's inspector general released the results of their investigation into the New Black Panthers affair and confirmed what everyone already knew to be true: the allegations against DOJ were bunk. Rubin is excitedly waving this report around, claiming it reflects poorly on President Obama's reported Labor Secretary nominee, and determinedly ignoring the parts that show pretty much every word she wrote about the New Black Panther story was rooted in falsehood.
Since the DOJ's Office of the Inspector General (OIG) released its report, Rubin has written two Washington Post blog posts touting its findings to attack Perez. In a March 12 post, she wrote: "I won't revisit all the behavior of the Obama Justice Department but a nearly-300 page report has been released by the administration's own inspector general. The IG went out of the way to be even-handed, even when there was substantial evidence of politicization." The next day, she briefly referenced the OIG report's findings on the New Black Panther case, writing:
The IG declined to find a racial or political motive for dismissing the New Black Panther case but found actions surrounding that action "risked undermining confidence in the non-ideological enforcement of the voting rights laws." In other words, it sure looked partisan.
Rubin's twisted construction of the IG "declin[ing] to find a racial or political motive" is fairly comical, given how invested Rubin was in the existence of those motives. Again, she was one of the main drivers of this story. She wrote a lengthy Weekly Standard article in June 2010 (before J. Christian Adams resigned from DOJ claiming racially charged "corruption" in the case, which blew up the story) alleging that the "Obama Justice Department went to bat for the New Black Panther party -- and then covered it up." As the story slowly fell to pieces, Rubin held firm, insisting the critics were wrong. "The issue is whether a meritorious claim of voter intimidation was dismissed under pressure from left-leaning civil rights groups," she wrote in January 2011, "and whether there is reason to believe there is a sentiment against a color-blind application of civil rights laws."