Fox appears poised to manufacture a scandal involving the New Black Panther Party appearing at a polling station in Philadelphia.

On Election Day 2008, two members of the New Black Panther Party appeared outside a polling station in Philadelphia, with one of them carrying a club. The Department of Justice (DOJ) under then-President George W. Bush brought a civil voter intimidation lawsuit against the New Black Panther Party and several of its members over the incident. After President Obama took office, the DOJ decided to pursue the case against the defendant carrying the club but dropped the lawsuit against the other defendants.

Fox and other right-wing media outlets obsessed about DOJ's decision to drop some of the claims, saying that DOJ was corrupt and refused to pursue charges against African Americans. The story never added up and was dismissed by a broad and bipartisan group of media and political figures.

Ultimately, DOJ's Office of Professional Responsibility investigated the allegations against DOJ attorneys and determined that Justice Department attorneys “did not commit professional misconduct or exercise poor judgment, but rather acted appropriately, in the exercise of their supervisory duties in connection with the dismissal of the three defendants in the NBPP case.” The investigation also found no evidence that decision-makers at DOJ “were influenced by the race of the defendants, or any considerations other than an assessment of the evidence and the applicable law.”

But Fox appears ready to go through the same cycle again, highlighting a reported member of the New Black Panther Party who reportedly showed up outside the doors of a polling station and was shown on video opening a door for someone going inside. Co-host Steve Doocy stated that “the organization claims they are monitoring the 2012 election, but some critics say that it looks like intimidation like in 2008.”