Fox News is promoting another legal challenge to the Affordable Care Act that originated in a right-wing think-tank and was hyped by conservative blogs. The State of Oklahoma filed a lawsuit based on a problematic theory that alleges tax credits within federally-run health insurance marketplaces called "exchanges" are unauthorized, which was developed by Michael Cannon, Director of Health Policy Studies at the Cato Institute, and National Review Online contributing editor and Case Western Reserve University School of Law professor Jonathan H. Adler. But Fox News has not only failed to report the extensive debunking of this tax credit theory, it has also mischaracterized this challenge to tax credits offered in exchanges as a "serious" constitutional one, although the new constitutional arguments are even more far-fetched than the original statutory claims.
From the November 21 edition of Fox News' America's Newsroom:
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From the October 14 edition of Fox News' Fox & Friends Sunday:
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Right-wing media have attacked early voting, claiming it leads to fraud, pushes uninformed voters to cast ballots too early, and is unconstitutional and untraditional. In fact, early voting increases the integrity of the voting process, and the vast majority of early votes are cast in the final two weeks before the election by decided voters. Early voting dates back to the founding of the country.
Media figures are creating false balance in their coverage of the presidential debate by claiming both candidates lied. But the statements from President Obama they are pointing to are true.
John Fund of National Review and Jonathan Karl of ABC News both used factual statements made by President Obama as examples to claim that he "stretched the truth" during the October 3 presidential debate. Fund cited Obama's comments about the power of an advisory board created by the health care reform law, while Karl pointed to Obama's statement that he has proposed a $4 trillion deficit reduction plan. In fact, both statements by President Obama during the debate were true, and have been supported by independent fact-checkers.
As a guest on CBS' Face the Nation Fund claimed "both candidates, I think, told things that stretched the truth." Fund specifically criticized Obama for saying in the debate that the Independent Payments Advisory Board instituted by the health reform law "wasn't going to make any decisions on treatment." According to Fund, that board "has unilateral power, unless Congress overrides it with a supermajority, to basically tell all doctors and hospitals this is how much money you have to treat people. That is incredible power. That is effectively the power to ration health care. So I think the President was stretching the truth in a big part of Obamacare."
During the debate, President Obama disputed Mitt Romney's statement that the health reform law "put in place a board that can tell people ultimately what treatments they're going to receive." Obama described the advisory board as "a group of health care experts, doctors, et cetera" who work "to figure out, how can we reduce the cost of care in the system overall? ... [W]hat this board does is basically identifies best practices and says, let's use the purchasing power of Medicare and Medicaid to help to institutionalize all these good things that we do."
Obama's description is accurate. The health reform law forbids the board from submitting "any recommendation to ration health care ... or otherwise restrict benefits," and multiple fact-checkers have made clear the board "wouldn't make any health care decisions for individual Americans" and "cannot by law make recommendations about what treatments people get." Instead, according to Politifact, "it would make broad policy decisions that affect Medicare's overall cost."
John Fund, on a brief hiatus from lying about voter fraud, writes at National Review Online today that there's a vicious double-standard at play in the media's disparate treatment of Mother Jones' video of Mitt Romney denigrating half the country as incorrigible welfare parasites, and James O'Keefe's series of "sting" videos. "The [Mother Jones] tape was played over and over with no caveats, hand-wringing, or speculation that it might have been doctored," writes Fund, who goes on to complain that O'Keefe routinely faces accusations of video doctoring. This complaint is echoed by O'Keefe himself, who has been busily clucking his tongue about the "double standard amongst professional journalists."
That's utter nonsense. If the media did have any reasons to doubt the video's authenticity, they were quickly put to bed by the Romney campaign itself.
Salon's Alex Seitz-Wald has a good explanation here for why the Romney video does absolutely nothing to vindicate James O'Keefe and his M.O. of crafting elaborate hoaxes to trick private citizens and low-level government employees into saying foolish things. I'd add to it that O'Keefe is an incompetent liar who has been caught doctoring his videos. Many, many, many times. A good run-down of the many deceptions in his various video "stings" was put together by, ahem, Mother Jones. O'Keefe has not earned the presumption of trust. In fact, he's worked doggedly to forfeit it.
The same can't be said of David Corn, whose byline tops the Romney video stories. Yes, he writes from a progressive standpoint and works for a liberal publication. He also has decades of professional experience and a reputation for solid journalism. To put Corn and O'Keefe on the same plane is a huge disservice to the former and an unearned plaudit for the latter.
Fox News is now mischaracterizing a court ruling requiring the state of Ohio to allow in-person early voting during the last three days before the election as unfair to members of the military.
On Friday a federal court adopted an injunction preventing Ohio election officials from implementing new restrictions on in-person early voting. The ruling came in response to an Obama campaign lawsuit that sought to overturn a 2011 statute that halted early voting access in the three days leading up to the election except for members of the military and their families. The Obama campaign sought to restore access to the polls for all Ohio residents during that period.
The court agreed, finding that allowing both military and non-military citizens to equally participate in early voting "places all Ohio voters on equal standing." Indeed, the ruling has no impact on military voters and their families, but simply provides all other Ohioans with the same access to the polls they were scheduled to enjoy.
But during the September 3 edition of America Live, Fox News host Megyn Kelly and Wall Street Journal columnist John Fund portrayed the ruling as an insult to the military and an "obstacle" to their access to the polls.
FUND: So what Ohio said is for the last three days before the election we will let military voters vote, but everyone else will have to vote before the three day period. The district judge said, "That's unfair," and said, "You'll have to extend early voting right up until Election Day." It now goes to a federal appeals court. And I think it's pretty clear that the military vote can have a separate designation and can be treated separately because they are different from every average voter.
KELLY: Yeah, they are special. And this was an interesting case we talked about it prior to the ruling because it pitted the Obama administration against military families and voters.
FUND: The National Guard [Association], the Marine Corps Association, all of them said, "This is outrageous what you are trying to do."
KELLY: They said, "There is a justification for treating us differently. And it's not -- you don't get to say that everybody is the same as the military."
FUND: We have enough obstacles in the way of our military now we don't need to create others.
Fund -- who also lambasted early voting in general as "out of control" -- is the latest right-wing figure to invoke the canard that allowing civilians equal access to the polls somehow constitutes an "obstacle" for members of the military who wish to vote.
In their new book, Who's Counting? How Fraudsters and Bureaucrats Put Your Vote at Risk, Wall Street Journal columnist John Fund and Heritage Foundation senior legal fellow Hans von Spakovsky attempt to gin up fears about stolen elections and widespread voter fraud by making use of cherry-picked story-telling, falsehoods, and baseless allegations.
Defending Pennsylvania's newly-enacted voter ID law on Fox News, conservative columnist John Fund declared that "to deny that voter fraud isn't going on is to frankly deny reality." But a new study finds just ten verifiable instances of in-person voter fraud of the sort that voter ID laws are intended to prevent since 2000.
On Saturday, The Washington Post reported that a new study, undertaken by News21, found that the type of in-person voter fraud is exceedingly rare. News21 sent thousands of public records searches to elections officials across the country, seeking every case of election fraud since 2000. After examining the resultant 2,068 reports of election fraud, the investigative news group was only able to identify ten instances where an individual impersonated another person in order to cast a ballot. News21 also reviewed 375 election fraud cases cited by the Republican National Lawyers Association, which supports voter ID laws; their analysis found no cases of voter impersonation fraud.
This announcement did little to deter Fox News. The conservative news network, which has gone so far as to set up a voter fraud e-mail tip line, has played a central role in both fearmongering about the unlikely prospect of widespread voter fraud while also defending controversial voter ID laws.
Indeed, the day after the study's release, Fox News hosted Fund to defend Pennsylvania's voter ID law and hype voter fraud fears. Speaking in defense of Pennsylvania's newly enacted voter ID law, Fund spoke in direct contradiction to the study's findings when he said that "to deny that voter fraud isn't going on is to frankly deny reality."
News21's findings are consistent with the reality in Pennsylvania. The state has acknowledged during litigation that it is not aware of any instances of in-person voter fraud ever occurring in Pennsylvania. A May 4 Philadelphia Inquirer article examined past instances of voter fraud in Pennsylvania and found that none of the cases would have likely been prevented by Pennsylvania's voter ID law. Pennsylvania state officials have estimated that as many as nine percent of registered voters do not possess identification that will allow them to vote this fall.
Right-wing media have distorted efforts by President Obama's re-election campaign to restore early voting for all Ohio voters, claiming the campaign is suing to restrict voting for members of the military. In fact, the Obama campaign's lawsuit seeks to restore early voting for all Ohioans, including members of the military and their families.
From James O'Keefe's latest video on "Voter Fraud in America," we learn:
- If James O'Keefe says someone isn't a citizen, you should ask to see their passport.
- If James O'Keefe says someone is deceased, you should ask to see their death certificate.
- If you show up at someone's house with a video camera or call them on the phone, refuse to identify yourself, and demand answers about someone's citizenship, you're probably not going to get a response. (Ambush interview subject to O'Keefe associate: "You haven't told me who you are. You're an 'independent agency'? That's cool. Who are you with?" O'Keefe associate replies "Thank you, sir," and drives off.)
As usual, O'Keefe's videos tell us much more about his deceptive methods and sloppy "journalism" than they do about the subject matter. And as the videos continue to crash and burn, they also tell us quite a bit about his allies in the voter ID movement, who are eager to use his efforts to push for laws that make it harder to vote.
O'Keefe's little lies all serve his big lie: That there is a widespread epidemic of voter fraud in this country that necessitates voter ID laws. Both data and common sense show that this simply isn't the case. But those who seek passage of such laws are apparently willing to use any means necessary, even if it means highlighting the work of an activist who long ran out of credibility.
Indeed, since he began releasing dishonest voter fraud videos in January, O'Keefe has become the toast of the voter ID movement. He has been praised by New Black Panthers Party fabulist J. Christian Adams for having "exposed the truth about voter fraud" and lauded by longtime vote fraudster John Fund ("In Washington, it was child's play for O'Keefe to beat the system"), spoke at the national summit for the Tea Party-backed True the Vote, and appeared with South Carolina Attorney General Alan Wilson to discuss the need for voter ID.
On at least two occasions, right-wing members of Congress, specifically Reps. Trent Franks (R-AZ) and Steve King (R-IA),have raised O'Keefe's videos during congressional hearings, with King on one occasion questioning FBI director Robert Mueller about the tapes.
When you mischaracterize the status of all three of the voters you are supposedly reporting on, your reporting has no credibility. And with the rest of the voter fraud movement depending on O'Keefe to promote their issue, it's quickly becoming apparent that their own credibility is lacking as well.
This week, Fox News correspondent Shannon Bream continued the network's campaign to advance the Republican narrative that states need to implement voter identification laws to stop voter fraud by pointing to a poll showing results that validate those concerns. The poll, commissioned by the network, found that a majority of respondents agreed that "voter identification laws are needed to stop illegal voting." But evidence shows that such laws have kept many eligible voters, including the elderly and racial minorities, from voting.
During an April 18 Special Report segment on voter ID laws, Bream highlighted the concerns of the NAACP and Color of Change that the laws could depress minority turnout during elections, but countered those concerns by touting a Fox News opinion poll:
BREAM: A brand-new Fox News poll shows by a two-to-one margin Americans do not believe those who support voter ID laws are trying to block legal votes by minorities. In fact, 70 percent reported they believed the laws are necessary to stop illegal voting.
But the poll is problematic in several ways, namely that it ignored the facts surrounding the issue.
From the April 13 edition of Fox News' America's Newsroom:
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Contrary to the right-wing media myth, right-to-work legislation does not lead to job growth and higher pay for workers. Economic studies have shown that the "evidence is overwhelming" that "right-to-work" laws have not boosted employment or wages in states that have adopted them.
Based on the attention paid to the over-hyped threat of voter fraud in the 2012 election cycle, observers of Fox News, the right-wing blogosphere, and Republican state legislatures might believe that double-voting, fraudulent absentee ballots and undocumented aliens casting votes on Election Day is such a frequent phenomenon that the very foundation of our democracy is being pulled out from underneath us. As many states look to pass controversial voter ID laws that make it more difficult to vote, right-wing commentators like the Heritage Foundation's Hans von Spakovsky and The American Spectator's John Fund are pushing the voter fraud agenda to the public. When questioned about the vote-suppressing effects of these laws and the absence of any evidence of widespread voter fraud in America, however, voter ID proponents slip on their dancing shoes.
Von Spakovsky, in a November 5 segment on CNN Saturday Morning, was pushed by host T.J. Holmes to explain the justification for these laws, given the lack of evidence that any widespread voter fraud exists. Spakovsky, who last month admitted that there is no massive voter fraud problem in America, dodges answering twice and argues that whether voter fraud is widespread or not isn't important.
HOLMES: What evidence do you have that that's happening on a widespread level?
VON SPAKOVSKY: Well, you don't need it on a widespread level. As the U.S. Supreme Court said when it upheld Indiana's voter ID law, that kind of fraud can make the difference in close elections. And you know, in Missouri, where Ms. Lieberman is from, we had an election just two years ago that was decided by one vote. And if I may say, what's said is Ms. Lieberman has been misled by her attorneys. She is exempt from the voter ID law that Missouri is going to have go in place if it is approved in a referendum. That law, which was passed a couple of years ago, specifically says anyone born before 1941, and that includes her, is exempt, as are people with physical and mental disabilities.
HOLMES: Well sir, a lot of people don't feel that way. And they feel like a lot of people just throw up their hands and say, 'ok, I can't deal with this and can't do this.' And you talked about the Supreme Court case with Indiana - yes, they ruled for Indiana, but also Indiana couldn't come up with a single case of voter fraud there, so I guess where do you see the voter fraud taking place that justifies states changing laws like this?
VON SPAKOVSKY: Well look, I can't give you an inventory here today. I've written about a lot of case studies on various kinds of voter fraud.
John Fund, editor of The American Spectator, was questioned by Media Matters at the Americans for Prosperity's "Defending the American Dream Summit" in Washington, DC where he defended von Spakovsky and struggled to rationalize the voter suppression laws he supports.
MEDIA MATTERS: Hans von Spakovsky was quoted in The New York Times saying that there isn't massive fraud in American elections. Do you agree with him?
FUND: Well, depends on how you define "massive." In some places, it's enormous. In some places, it's not a problem. In some places, it's minor. So it depends. Is there massive fraud throughout all 50 states? No. Is there massive fraud in many states where the elections are close and can decide the presidency? The answer is yes.
MMFA: So you sort of agree with him, sort of don't?
FUND: Well, you know, I think - remember, I talked to him. He was quoted out of context. Now, he did say that, and I would agree with that, but I think the context is important.
While Fund claims that "enormous" fraud is taking place in some states, the record suggests. The Justice Department, for example, prosecuted only 17 individuals for casting fraudulent ballots from October 2002 through September 2005. During that period, DOJ charged a total of 95 individuals with "election fraud," convicting 55. Even Fox News, who has consistently over-hyped the menace of voter fraud, suffered a blow on the issue when America Live host Megyn Kelly was forced to admit that the problem of voter fraud is "not overwhelming."