Since the show's debut on October 7 and through November 29, Fox News' The Kelly File has hosted conservatives significantly more often than progressives and has surpassed even Fox's Hannity in its divide between guests on the left and right.
Fox host Megyn Kelly repeated two long-debunked myths regarding the Obama administration's response to the 2012 attacks in Benghazi, Libya, ignoring congressional testimony, military experts, and even photographic evidence in order to claim "we still don't have any answers" about military aid and President Obama's whereabouts on the night of the attacks.
On the December 3 edition of Fox News' The Kelly File, Kelly hosted Republican Rep. Devin Nunes (CA) to discuss this week's closed-door congressional testimony from two CIA contractors present in Benghazi during the attacks on September 11, 2012. During the interview, Nunes claimed that there are still unanswered questions about the administration's response to the attacks, asking, "What were they doing? How come nobody came to help?" Kelly did not push Nunes on his claim, instead parroting it: "Your point is, they didn't dispatch any help, even when it was unclear whether the attack had ended or not. What would be the delay when they didn't know it was over?"
Kelly later asked if the congressional hearings had "been able to shed light ... about what the president was doing at the moment of the attack and on the night in question," to which Nunes said no. She concluded, "So we still don't have any answers."
From the December 2 edition of Fox News' The Kelly File:
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In response to Senate Democrats invoking the so-called "nuclear option," right-wing media advanced a number of myths not only about filibuster reform, but about the qualifications of President Obama's nominees who have languished in the confirmation process. What right-wing media have ignored is that Democrats used the "nuclear option" only after unprecedented GOP obstruction prevented Obama's judicial and executive nominees from receiving an up-or-down vote.
From the November 25 edition of Fox News' The Kelly File:
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Despite the GOP's strategy of obstructionism throughout the Affordable Care Act's (ACA, commonly known as Obamacare) implementation, Fox News pundits claimed Republicans have done nothing to contribute to ACA rollout problems.
Fox's Megyn Kelly misrepresented a recent Justice Department memo to make it appear as though employer-provided health plans would be forced to change under the Affordable Care Act. But group plans that existed before the passage of the law remain unaffected unless insurers and employers choose to substantially alter them.
The Affordable Care Act exempted insurance plans that existed before March 23, 2010 from many of its regulations, allowing insurers to continue offering those plans on the condition that they did not significantly change either the benefits offered or the overall cost. Those policies are known as "grandfathered plans."
On the November 18 edition of Fox News' The Kelly File, host Megyn Kelly highlighted language from an October 2013 Department of Justice brief which estimated that most plans would lose their grandfathered status over time. Kelly claimed the memo contradicted President Obama's assertion that the vast majority of insurance cancellations were in the individual market, as opposed to employer provided plans. Kelly hosted Andrew McCarthy who used the brief to call the ACA "a massive fraudulent scheme" in a National Review Online post. During the segment, McCarthy claimed the brief predicted that consumers in the group market would "lose their coverage."
But the brief does not say that people who are insured in group plans, such as employer-sponsored insurance, will lose their coverage. Rather, it points out that group health plans could merely lose grandfather status if they're changed. As the Kaiser Family Foundation explained in their 2012 Employer Benefits Survey, under the ACA insurance plans do not lose grandfathered status unless the insurer makes "significant changes that reduce benefits or employee costs." In fact, according to the Kaiser survey, the primary reason firms chose not to grandfather a health plan was to maintain flexibility in making future plan choices.
After attacking Obamacare by highlighting easily debunked personal anectodes, Fox hosted another guest who falsely claimed the health care law would harm him personally without checking to make sure his story was accurate.
In a November 14 Salon post, former senior counsel to Gov. Brian Schweitzer (D-MT), Eric Stern wrote about a conversation he had with Bill Lawrence, a man featured on Fox's The Kelly File after writing a letter to Fox News explaining that he and his partners "had to sell our company because we couldn't afford the almost $400,000 in either penalties and fines or insurance premiums that we would have to pay as a result of ObamaCare." In the uncritical interview, host Megyn Kelly responded to Lawrence by asking his "thoughts on having your livelihood directly affected based on what politicians in Washington felt was best for you."
Stern contacted Lawrence after the segment aired and Lawrence admitted that he had sold his Texas-area car wash for multiple reasons, many of which had nothing to do with the ACA:
Fox News' Shannon Bream and Megyn Kelly continued the network's general defense of anti-gay discrimination in separate reports on a New Mexico Supreme Court ruling concerning a photographer who was sued after refusing to photograph a same-sex commitment ceremony. Bream omitted critical context from the court's decision while Kelly pondered its slippery-slope implications, tactics in keeping with Fox's history of inaccurate and offensive reporting on the case.
In August, the New Mexico Supreme Court ruled unanimously that Elane Huguenin -- owner of Elane Photography -- violated New Mexico's anti-discrimination law when she refused to photograph the commitment ceremony of a same-sex couple. Huguenin filed an appeal of the decision to the U.S. Supreme Court last week.
In the eyes of Special Report's Bret Baier, the central issue for the Court to consider in the case is "whether you must check your religious values at the door when you open a business," as he stated on the November 12 program. He then aired a package regarding the case by correspondent Shannon Bream, who did not explain the constitutional basis for the court's ruling, but instead cited only the concurring opinion's general reference to "the legal rights" of the same-sex couple.
The segment heavily featured the Huguenins' attorney, Alliance Defending Freedom (ADF) senior counsel Jordan Lorence. Lorence accused the court of dictating that "once you agree to enter the workplace, the marketplace, you surrender all your constitutional rights."
Despite Fox's suggestion otherwise, this case does not concern religious freedom. The court held that because Elane Photography chooses to offer services to the public, it is engaged in commercial conduct that can be regulated by the state, and so it must comply with the state's Human Rights Act. Just as these businesses may not discriminate based on race or gender, it is likewise a violation to discriminate based on sexual orientation:
We conclude that a commercial photography business that offers its services to the public, thereby increasing its visibility to potential clients, is subject to the antidiscrimination provisions of the NMHRA and must serve same-sex couples on the same basis that it serves opposite-sex couples. Therefore, when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photograph a wedding between people of different races.
The purpose of the NMHRA is to ensure that businesses offering services to the general public do not discriminate against protected classes of people, and the United States Supreme Court has made it clear that the First Amendment permits such regulation by state. Businesses that choose to be public accommodations must comply with the NMHRA, although such businesses retain their First Amendment rights to express their religious or political beliefs. They may, for example, post a disclaimer on their website or in their studio advertising that they oppose same-sex marriage but that they comply with applicable anti-discrimination laws.
From the October 30 of Fox News' The Kelly File:
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Fox News guest and serial health care misinformer Betsy McCaughey falsely claimed that the Affordable Care Act will harm the elderly "by eviscerating Medicare." In reality, the ACA does not cut Medicare benefits, and the law actually strengthens aspects of the program.
On the October 25 edition of Fox News' The Kelly File, McCaughey claimed that the ACA "is designed to vastly expand Medicaid and pay for it by eviscerating Medicare," which she likened to "robbing Grandma to spread the wealth":
MCCAUGHEY: This law, as written, is designed to vastly expand Medicaid and pay for it by eviscerating Medicare, taking $700 billion out of Medicare and moving it over to fund this expansion of this entitlement. It's like robbing Grandma to spread the wealth.
KELLY: Why would they want to vastly expand Medicaid?
MCCAUGHEY: Because they believe in a single payer system, and Medicaid is a single payer system. This is a way of vastly shifting resources in this country from one group of people, the elderly, to another group of people.
From the October 17 edition of Fox News' The Kelly File:
From the October 16 special edition of Fox News' The Kelly File:
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From the October 16 edition of Fox News' The Kelly File:
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Fox Business host Lou Dobbs downplayed the effects of the government shutdown on the U.S. economy, despite economic reports stating that the shutdown has taken $24 billion out of the economy.
Reporting on the October 16 edition of Lou Dobbs Tonight about the Senate leadership deal to end the government shutdown, Dobbs disputed White House Press Secretary Jay Carney's statement that "the economy has suffered" because of the shutdown, claiming, "The extent of just how much the economy suffered is questionable at best."
In fact, economists have reported that the government shutdown is projected to have significant negative effects on the economy. Business Insider reported that Standard & Poor's cut its "annualized U.S. growth view closer to 2% from 3%." The article added that S&P estimates "the shutdown has taken $24 billion out of the economy and cut 0.6% off of yearly fourth quarter GDP growth."