President Obama has nominated Thomas E. Perez as Secretary of Labor. Right-wing media used this announcement to push false attacks about Perez based on his service in the Justice Department's Civil Rights Division and other civil rights work and advocacy.
Fox News is using its lack of knowledge about the Voting Rights Act and basic civil rights law to smear the nomination of Assistant Attorney General for Civil Rights Thomas Perez for Secretary of Labor.
The Voting Rights Act (VRA) and Section 5, a provision within the law that requires jurisdictions with a history of racial discrimination in voting practices to submit election changes for federal review, has been a source of difficulty for Fox News. On the March 14 edition of America Live, Fox News host Megyn Kelly and frequent guest Jay Sekulow attacked Perez by incorrectly describing the role of race in race-conscious civil rights law, such as the VRA. In the lengthy segment about the Voting Section - a Department of Justice (DOJ) section under Perez's supervision - Kelly misrepresented a recent Inspector General report and allowed Sekulow to question Perez's competence even as he mangled civil rights law by insisting the Voting Rights Act is "colorblind."
Following the nomination of Gina McCarthy to head the Environmental Protection Agency, conservative media are once again claiming that the Obama administration's EPA has waged a "war on coal." But that narrative ignores how natural gas has outcompeted coal, and why the long-overdue Clean Air Act regulations on coal are necessary in the first place. Here's what the public should know, as told in charts and graphics:
Low natural gas prices are behind the drop in coal power. As this chart shows, the boom in shale natural gas production has led to a drop in the price of natural gas -- in the free marketplace, many coal plants simply can't compete.
Clean Air Act regulations are long-overdue. George H.W. Bush's EPA administrator acknowledged that the Obama administration inherited several court-mandated rules from previous administrations, calling them "grenades" that required action. For instance, this timeline put together by energy giant Dynegy shows that the Mercury and Air Toxics rule issued under the Obama administration underwent a "thorough and lengthy development process." The 1990 Clean Air Act amendments required that the EPA study mercury and other emissions. In 2005, the EPA issued its final rule for controlling mercury that the Bush administration's own lawyers reportedly said would "almost certainly be reversed" by the courts. After the courts indeed reversed it, the burden of complying with the requirement to regulate mercury fell to the Obama administration:
[Source: Dynegy via SEC, January 2013]
Coal has huge health impacts even after decades of regulation in the U.S. In countries like China and India where coal is not as strictly regulated, coal pollution is extremely deadly. Meanwhile, in the U.S., harmful emissions have been significantly reduced, a fact that conservative media and the coal industry have used to tout coal's alleged cleanliness. But they often fail to mention that the industry only reduced its emissions after being required to by clean air standards, and that coal still has huge health impacts. The following chart details some of the known and quantifiable health impacts of pollution from coal plants:
Fox News is using reports that Assistant Attorney General for Civil Rights Thomas Perez may be nominated as Secretary of Labor to revive their manufactured scandal that the Obama administration favored the New Black Panther Party in a 2008 voter intimidation case.
The right-wing media has spent years propping up the bogus charge that President Obama's Justice Department engaged in racially charged "corruption" in the New Black Panther Party case. The claims, promoted by GOP activist J. Christian Adams, fell apart given the fact that the Obama DOJ obtained judgment against one defendant, while the Bush DOJ declined to pursue similar allegations in 2006.
America Live anchor Megyn Kelly highlighted news of Perez's possible appointment and said that his "fingerprints are all over some rather significant controversies," including the New Black Panthers case, during the March 11 edition of America Live.
During the segment Fox aired this image:
Rush Limbaugh recently bragged that conservative Justice Antonin Scalia should be "honored to be compared" to the radio host for disparaging the Voting Rights Act as a "perpetuation of racial entitlement" during the Shelby County v. Holder oral arguments. Other conservative justices also repeated right-wing media talking points as they considered the fate of this historic civil rights law.
Section 5 of the Voting Rights Act requires jurisdictions with a history of racially-based voter suppression to "pre-clear" election changes with federal officials or judges. By dismissing as a "perpetuation of racial entitlement" the fact that a bipartisan majority in Congress voted to reauthorize the law in 2006 - after reviewing thousands of pages of evidence that race-based threats to voting rights still exists in the covered jurisdictions - Scalia adopts the arguments of right-wing media.
The Wall Street Journal and Fox News are suggesting that President Barack Obama's nomination of Gina McCarthy as head of the Environmental Protection Agency is a sign that he is acting like a "dictator," using an "end-around" to regulate carbon emissions that drive climate change. But they failed to mention that efforts to curb this greenhouse gas through the EPA are not an invention of the Obama administration -- they were given the go-ahead by a George W. Bush-era Supreme Court decision.
Earlier this week, the president nominated McCarthy, a former official for then-Massachusetts Governor Mitt Romney, to succeed Lisa Jackson as EPA administrator. McCarthy is likely to play a major role in the administration's presumptive plans to regulate carbon emissions from existing power plants.
But News Corporation's Fox News and Wall Street Journal are launching a preemptive attack on these efforts, claiming they are "antidemocratic" by once again ignoring a Supreme Court decision that all but required action. Monday, Fox News anchor Megyn Kelly incorrectly suggested that action through the EPA is unprecedented, saying "It used to be that if you wanted to make a major change or have a major impact on climate change or green energy regulations in this country, you went through Congress" but the president "has found an end-around, and as a result this EPA is extremely powerful right now." The next day, a Wall Street Journal editorial smeared McCarthy as "antidemocratic," adding, "Mr. Obama has been going around saying that the problem is that he's a President, not an 'emperor' or 'dictator,' but on carbon regulation this is a distinction without much difference."
Both failed to note that a 2007 Supreme Court ruling found that greenhouse gases fit the definition of an "air pollutant" and could be regulated under the Clean Air Act if they were determined to be harmful. A subsequent "Endangerment Finding," privately authored during the Bush administration but suppressed until 2009, stated that this was the case due to their contribution to climate change. Stephen Johnson, then the EPA Administrator, told President Bush in early 2008 that the Supreme Court decision "combined with the latest science of climate change requires the Agency to propose a positive endangerment finding," adding "the state of the latest climate change science does not permit a negative finding, nor does it permit a credible finding that we need to wait for more research." The Bush administration reportedly refused to open the email containing the Endangerment Finding, leaving it to the next president to take action. As noted by Legal Planet, the environmental law and policy blog of the University of California Berkeley and UCLA law schools, regulation of carbon emissions under the Clean Air Act is not undemocratic. In fact, "[T]here's nothing here that's an end-run around Congress. EPA is (as bureaucracies should do) implementing the orders of the legislature through duly enacted laws." If the president has "given up getting Congress to agree" to regulate emissions by other means, as the Journal argued, it is only because Congress has repeatedly failed to pass legislation doing so, thus compelling the executive branch to act.
Fox News host Megyn Kelly began the network's substantive coverage of oral arguments in Shelby County v. Holder, the current Voting Rights Act case before the Supreme Court, by incorrectly reporting the reach of the Voting Rights Act as limited to select states, while also appearing entirely unaware that this historic law has prevented voter suppression against limited-English proficient speakers since 1975.
On the February 27 edition of America Live, Kelly hosted a segment on the constitutional challenge to Section 5 of the Voting Rights Act, the provision that requires certain jurisdictions with histories of racial discrimination to federally "pre-clear" election changes prior to enactment, reminding viewers it's the "biggest civil rights case in decades." However, both Kelly and Fox News reporter Shannon Bream neglected to inform viewers that the constitutional challenge is only to the "pre-clearance" provision and repeatedly reported the Voting Rights Act as limited to those Section 5-covered jurisdictions. Fox also ran a map of those states covered by Section 5 (mistakenly labeled as "Covered By Voting Act Entirely") and Kelly asked "Alaska? Is that right?"
Fox News rewarded Breitbart.com editor at large Ben Shapiro with an appearance less than a week after Shapiro publicly embarrassed himself over a fraudulent story linking Defense Secretary nominee Chuck Hagel to the apparently nonexistent group "Friends of Hamas."
Over the past few weeks, Shapiro has been skewered for attempting to smear Defense Secretary nominee Chuck Hagel by reporting that (according to "Senate sources") he had received money from a shady group called "Friends of Hamas."
After Shapiro's story imploded when it came to light that there's no evidence that "Friends of Hamas" actually exists, some in the conservative media suggested that their movement needed to police its own to maintain credibility. That accountability will not come from Fox News, which hosted him today and did not ask him about his failed smear.
Shapiro appeared for a discussion of the recent exchange between Washington Post reporter Bob Woodward and the White House over the sequester - a topic that countless other pundits could have discussed. During the segment, Shapiro attacked the media for allegedly being too soft on the Obama White House. From the February 25 America Live segment, hosted by Megyn Kelly:
Fox News is cropping a statement President Obama made in November 2011 to falsely claim he threatened to veto any replacement for the scheduled across-the-board spending cuts known as sequestration. But in that statement, Obama called on Congress to pass "a balanced plan to reduce the deficit by at least $1.2 trillion" to replace the cuts in the sequester.
From the February 15 edition of Fox News Channel's America Live:
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Right-wing pundits frequently use former President Ronald Reagan's name to apply a stamp of approval on anything or anyone they deem symbolic of the ideal conservative -- even when Reagan's actual record on issues ranging from taxes to the deficit deviated far from the ideological standards of today's conservative movement.
Republican darling du jour Sen. Marco Rubio (FL) is the latest to receive the Reagan badge. Ahead of his delivery of the GOP response to President Obama's State of the Union address, Karl Rove said Monday that "in Rubio, the Republicans have got probably one of their best communicators since Ronald Reagan." On MSNBC's Morning Joe, The Daily Caller's Matt Lewis called Rubio "Reaganesque." And in November 2012, pundit Cal Thomas published a column on Townhall.com titled, "Marco Rubio: A Hispanic Reagan?"
Rubio is just the latest in a long line of Republican politicians to receive the ubiquitous accolade:
Mitt Romney: Fox News figures repeatedly linked former presidential candidate Romney to the Gipper during both opinion and news shows in the months leading up to the 2012 election. Bill O'Reilly said that Romney "is going to mirror the ghost of Ronald Reagan," while political correspondent Carl Cameron said Romney, on his bus tour, spent a lot of time "sort of echoing Ronald Reagan."
Rep. Paul Ryan (WI): Fox News figures from K.T. MacFarland to Megyn Kelly compared Ryan to Reagan as part of their cheerleading for Ryan after he was chosen as Romney's vice presidential candidate.
Gov. Chris Christie (NJ): Fox Nation highlighted a column by the director of the American Enterprise Institute with the headline, "Christie's Starting to Look Like Reagan."
Sarah Palin: A post on Breitbart's BigJournalism.com said that Palin "carries the torch of liberty and American exceptionalism in the palm of her lovely hand" before calling her the "surviving embodiment of the spirit of 1776 and the Reagan reformation."
Gov. Scott Walker (WI): On Sean Hannity's Fox show, conservative radio host Mike Gallagher called Walker "the Ronald Reagan of our time."
Gov. Bob McDonnell (VA): Karl Rove, on Hannity's show, called Virginia governor Bob McDonnell "a Reaganite conservative."
Gov. Bobby Jindal (LA): In February 2008, Rush Limbaugh called Jindal "the next Ronald Reagan."
Right-wing media figures have splashed the "Reagan" label about so freely that they're in danger of rendering the compliment meaningless.
Fox News host Megyn Kelly used a he-said-she-said partisan frame to characterize a discussion about increases in non-defense discretionary spending before President Obama's State of the Union address. But the majority of economists agree that previous stimulus programs have successfully aided job creation.
Kelly touted a Fox News poll on the popularity of the 2009 American Recovery and Reinvestment Act as well as future stimulus spending. According to the poll, the public perception is that the stimulus did not work. And although Kelly noted that Democrats like President Obama and Nancy Pelosi have argued that federal stimulus spending was responsible for the creation of three million jobs, she failed to point out that this isn't just the opinion of political partisans -- it's the opinion of most economists. A 2010 Wall Street Journal poll of economists showed that 70% of economists agreed that the stimulus was good for the U.S. economy.
According to a May 2012 Congressional Budget Office report, the stimulus created the equivalent of between 900,000 and 4.7 million jobs in 2010 and between 600,000 and 3.6 million jobs in 2011. A February 2013 report from the Center on Budget and Policy also stated that the recession would have been worse without stimulus spending.
Misleading contributions from Kelly's guest, Fox Business Channel's Lou Dobbs, only highlighted the absence of expert analysis during the segment. Dobbs defied the prevailing opinion of economists by claiming that the 2009 stimulus bill, "hasn't worked." He continued, "The jobs that are being created - there is no such thing as jobs being created and saved."
Fox News and Rush Limbaugh have each attacked President Obama for his recent comments pointing out their influence on the political process. But both Fox News and Limbaugh have indeed influenced Republican politicians' actions in the past.
In a recent interview with The New Republic, Obama said he believes that bipartisan legislation is more likely to pass if a Republican member of Congress isn't "punished on Fox News or by Rush Limbaugh for working with a Democrat on a bill of common interest."
Fox News' Megyn Kelly and Chris Stirewalt discussed Obama's comments on Monday's broadcast of America Live. Kelly claimed Obama was "saying if somebody disagrees with him, if these Republicans disagree with him, it has to be because someone has manipulated them" and said that his comments sounded "dismissive of heartfelt beliefs that Republicans may hold, or their constituents may hold."
Stirewalt agreed, saying that Obama "imputes to his critics the worst possible motives." Stirewalt also claimed that Obama feels that "anybody who opposes him on these things is doing so because they're a coward, because they're being controlled by Rush Limbaugh or because of what's being said by the purveyors of opinion on the Fox News Channel."
Limbaugh also discussed Obama's comments on his radio show Monday and concluded that Obama is "trying to goad me into saying something extreme -- like that would ever happen -- so that he can kick off a new boycott." He then said listeners had told him they fear that "talk like this from the president has a chilling effect on free speech and the freedom of the press," and responded by saying sarcastically, "My friends, Obama would never do anything to try to limit Fox, or me and my right to express myself. ... Only dictators like Hugo Chavez do things like that."
In their rush to frame a federal appellate court opinion as a personal rebuke of President Obama, Fox News host Megyn Kelly and frequent guest Jay Sekulow misrepresented the truly radical and unprecedented nature of a decision of the U.S. Court of Appeals for the District of Columbia on presidential recess appointments. Although Kelly and Sekulow erroneously reported that the opinion only affects Obama's recess appointment of members to the National Labor Relations Board, it actually casts doubt on hundreds of presidential appointments and subsequent actions since the 1940s.
On the January 25 edition of America Live, Kelly repeatedly reported that the DC Circuit "clipped President Obama's wings" by holding the Republican-controlled Senate was actually in session when Obama made recess appointments to the National Labor Relations Board, pursuant to long-standing presidential powers. The NLRB is, of course, a frequent bogeyman for both right-wing media and corporate interests because of its perceived favorability to unions. Kelly and Sekulow, who filed an amicus brief in the case as Chief Counsel for the American Center for Law and Justice, claimed the decision's holding depended on the fact that the Senate was technically in session because of a new parliamentary trick that gavels the Senate into "pro forma session" even though no business is conducted. This is inaccurate.
Fox News cropped footage from Secretary of State Hillary Clinton's Benghazi testimony to claim she didn't address questions about the extent of monitoring by the state department during the September 11, 2012, attacks. In fact, unedited video of the hearing shows that Clinton not only addressed the issue, it backs up her statement that there was no real time video monitoring of the attack.
On Fox News' America Live, homeland security correspondent Catherine Herridge claimed that during the January 23 hearings on Benghazi, Clinton "made no mention" of reports that the State Department was monitoring the attack in real time. Herridge further claimed that Clinton did not address a statement by deputy assistant secretary of state Charlene Lamb, who reportedly stated she was in audio communication with officials on the ground in Benghazi. After making these claims, Fox aired a portion of the hearings: