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Women accounted for just one-quarter of total guests discussing foreign affairs and national security in 2016 during prime-time programming on CNN, Fox News, MSNBC and on the five major Sunday political talk shows. This stark disparity between women and men is actually a slight improvement over previously established trends for 2015 and 2014, but more work remains to be done to better include perspectives from women.
During the first month of Donald Trump’s presidency, broadcast evening news shows and Sunday political talk shows devoted a total of just over 10 minutes to discussing the allegation that Trump is violating the U.S. Constitution by receiving foreign government payments. The scant reporting that did address this issue failed to mention that such conduct is an impeachable offense.
Article I, Section 9 of the Constitution, known as the Emoluments Clause, creates a broad prohibition on federal officeholders, including the president, receiving payments from foreign governments without the consent of Congress. It reads: “No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.”
The provision is much broader than a ban on receiving bribes. According to legal experts, even “fair market value transactions that result in any economic profit or benefit” count as an emolument, because the Founding Fathers wanted a “prophylactic” rule aimed at preventing even the appearance of corruption.
A president’s violation of the clause is an impeachable offense.
According to legal experts, Trump’s retention of an ownership interest in the Trump Organization as president means that he has been violating the Constitution since the moment he took the oath of office. Indeed, just two days after the inauguration, the watchdog organization Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit in federal court “to stop President Trump from violating the Constitution.” A press release about the suit notes that the president “is now getting cash and favors from foreign governments, through guests and events at his hotels, leases in his buildings, and valuable real estate deals abroad.” (Other presidents have avoided violating the clause by placing their assets into an independently controlled blind trust, something Trump has refused to do.)
In what should serve as a prompt for investigative journalists, the exact nature of the emoluments Trump has received is unclear in many instances due to Trump’s refusal to release his tax returns. As Emoluments Clause expert Zephyr Teachout, an associate law professor who is a lawyer on CREW’s lawsuit, explained in The Washington Post, while some emoluments Trump is receiving are known -- including rent paid by the Qatari state airline at a Trump property, licensing fees paid by several foreign countries for rights to the TV show The Apprentice, and construction permits granted by the Indian government -- the full extent of his violations is unknown because “Trump hasn’t disclosed any information about his finances.”
In spite of Trump’s secretive business dealings, two concrete new violations emerged during the first month of his presidency.
According to a February 9 report from Politico, “A lobbying firm working for Saudi Arabia paid for a room at Donald Trump’s Washington hotel after Inauguration Day, marking the first publicly known payment on behalf of a foreign government to a Trump property since he became president.” The article notes that the payment “raises questions about whether it represents a violation of the foreign emoluments clause.”
Politico quoted Obama ethics attorney Norm Eisen, who described the payment as part of a “systemic problem,” and constitutional law expert Laurence Tribe, who said, “This example is bound to be one of a vast stream of instances.” Both Tribe and Eisen are lawyers on CREW’s lawsuit.
Then The Associated Press reported on February 14 that Trump was set to score an “unlikely” legal win in China by way of a “trademark for building construction services” following “a decade of grinding battle in China's courts.” According to the report, the legal victory “could signal a shift in fortune for the U.S. president's intellectual property in China. At stake are 49 pending trademark applications -- all made during his campaign -- and 77 marks already registered in his name, most of which will come up for renewal during his term.” (China announced the trademark two days after AP’s article.)
As the AP report aptly noted, “Trump's foreign trademarks have raised red flags with ethics lawyers across the political spectrum who say they present grave conflicts of interest and may violate the emoluments clause of the U.S. Constitution.” (Indeed, a post at the libertarian Volokh Conspiracy blog concluded that the trademark grant qualifies as an emolument received by Trump.)
The nation’s leading news programs have insufficiently covered a story about a president openly taking actions that not only violate the Constitution but also are grounds for impeachment.
CBS Evening News, ABC World News Tonight, and NBC Nightly News have each devoted a single segment to foreign payments to Trump.
A January 20 CBS Evening News segment didn’t mention the Emoluments Clause explicitly, but it included an interview with George Washington University law school professor Steven Schooner, who explained how Trump can profit from foreign governments via the Trump Organization.
ABC World News Tonight and NBC Nightly News each devoted brief segments on January 23 to CREW’s lawsuit.
In total, the issue was covered for just over seven minutes on broadcast nightly news between January 20 and February 20. None of the segments mentioned violating the Emoluments Clause is an impeachable offense:
Sunday political talk shows provided even less coverage. During the January 22 broadcast of ABC’s This Week, host George Stephanopoulos directly asked White House counselor Kellyanne Conway and Sen. Minority Leader Chuck Schumer (D-NY) about Trump and the Emoluments Clause. During the January 29 edition of NBC’s Meet the Press, host Chuck Todd asked White House chief of staff Reince Priebus why Muslim-majority countries with business ties to Trump were left out of Trump’s travel ban, although the Emoluments Clause was never directly cited. CBS’ Face the Nation, Fox Broadcasting Co.’s Fox News Sunday, and CNN’s State of the Union all failed to discuss the issue.
Sunday show coverage of the issue totaled just under four minutes, with no discussion of how the offense is grounds for impeachment:
Media Matters searched Nexis transcripts for ABC, NBC, CBS, Fox News, and CNN for "emoluments," "emolument," "Trump Organization," "Trump Hotel," Trump w/10 “trump international hotel,” Trump w/10 impeach, Trump w/10 constitution, Trump w/10 "conflict of interest," Trump w/10 conflicted, Trump w/10 payment, Trump w/10 “foreign payment,” and Trump w/10 divest. We identified segments that mentioned foreign payments to Trump in the context of conflict-of-interest questions and/or the Emoluments Clause directly, and then counted those segments for time in iQ media.
Graphics by Sarah Wasko.
Representation Of Economists Remained High In Fourth Quarter As Surprising Election Result Forced Outlets To Scramble For Explanations
The final quarter of 2016 saw an increase in cable and broadcast news coverage of the economy from the prior three-month period. Yet the proportion of economic coverage that focused on economic inequality decreased sharply as attacks on progressive economic policies rose. Fox News led the charge in attacking progressive policies and health care reform throughout the fourth quarter of the year, while the leading defender of progressive initiatives, MSNBC, aired most of its economic coverage after Election Day. The relative proportion of economists booked as guests during economic news segments remained higher than in years past but dropped as a percentage from the third to fourth quarters of 2016. The proportional representation of women in cable and broadcast evening news discussions of the economy reached a record, but dispiriting, high in the fourth quarter at a mere 30 percent of all guests.
Fox News’ 14 Seconds Of Coverage Continues Its Pattern Of Dismissing Hate Crimes Against People Of Color
Broadcast and cable news largely ignored the February 22 shooting of two Indian immigrants in Kansas in which the suspected attacker told the victims to “get out of my country,” devoting mere minutes to the attack. Fox News’ virtual failure to cover the attack fits into the network's larger pattern of severely downplaying hate crimes aimed at people of color.
The ongoing saga surrounding reported entanglements between President Donald Trump, his current and former aides, and the Russian government was a leading topic of discussion for hosts and guests during the February 26 editions of the Sunday morning news shows -- except for Fox News Sunday, where the controversy was barely mentioned.
The Trump administration has been dogged for months by rumors and allegations that members of the president’s inner circle had improper or compromising interactions with agents of the Russian government during the campaign. Michael Flynn was recently forced to resign as national security adviser after details became public about his possibly illegal discussions about lifting U.S. sanctions on Russia with a Russian ambassador before Trump’s inauguration. Trump himself has been briefed by American intelligence authorities about reports that Russian operatives may have “compromising personal and financial information” about him in their possession.
In the past several days, outlets including CNN, The Associated Press, and The Washington Post reported that White House chief of staff Reince Priebus had reached out to members of the intelligence community and Republican congressional leaders for help in tamping down stories regarding the Trump administration and Russia. In response to those reports, Trump has lashed out at news outlets, falsely calling the stories “FAKE NEWS,” and White House press secretary Sean Spicer blacklisted several news outlets from taking part in a February 24 press briefing. The commotion last Friday surrounding Trump’s potential relationships with Russia and his administration’s handling of the situation led one Republican member of Congress -- Rep. Darrell Issa (R-CA) -- to call for a full investigation by an independent special prosecutor.
For most of the Sunday shows this week, the continuing story was a major part of the day's conversation. NBC Meet the Press host Chuck Todd, summarizing the most recent news on Trump and Russia, even pointed out that Trump’s war on the press always “seems to escalate” whenever new developments arise in the story about his ties to Russia. All told, four of the major Sunday shows -- ABC’s This Week, CBS’s Face the Nation, CNN’s State of the Union, and NBC’s Meet the Press -- dedicated a total of more than 49 minutes to the topic, with at least two full segments on the scandal on each. In contrast, Fox News Sunday barely covered it, featuring only a single question and response on Russia that added up to barely more than a minute.
Along with mostly ignoring the most recent Russia scandal, the Fox show featured a guest defending Trump’s attacks on the media. The network, which was previously instrumental in helping normalize Trump’s cozy relationship with Russian President Vladimir Putin, seems bent on helping Trump normalize his crusade against media outlets that are trying to get to the bottom of these connections.
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Meanwhile, The White House Freeze-Out Of CNN Continues
The Trump administration offered White House senior adviser Stephen Miller -- and reportedly no one else -- to appear on the Sunday morning political talk shows of ABC, NBC, CBS, and Fox Broadcasting Co. In his appearances on the four shows, Miller repeatedly dodged questions, made blatantly false claims, and attacked the media. Recent profiles of Miller have highlighted his extreme ideological views, his close relationship with Stephen Bannon, and the “enthusiasm” of white nationalists like Richard Spencer over his role in the administration.
Fox News Sunday host Chris Wallace failed to mention any of the constitutional and diplomatic problems with President Donald Trump’s executive action banning visitors, immigrants, and refugees from several Muslim-majority countries in an interview he conducted with White House counselor Kellyanne Conway about the order.
According to CNN, the executive order “bars all persons from certain ‘terror-prone’ countries from entering the United States for 90 days and suspends the US Refugee Admissions Program for 120 days until it is reinstated ‘only for nationals of countries for whom’ members of Trump's Cabinet deem can be properly vetted.” The executive action impacts immigrants and refugees from seven majority-Muslim countries, including Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia. The order has a religious exception, giving “the Department of Homeland Security leeway to prioritize refugee claims made by people ‘on the basis of religious based persecution.’” Trump himself said he will prioritize Christians refugees over Muslims refugees in an interview with the Christian Broadcast Network.
After Trump’s executive action caused chaos for incoming refugees and immigrants at airports nationwide, a federal judge “blocked deportations nationwide late Saturday of those detained on entry to the United States after” Trump had already signed the order.
Many cable and network news shows on Sunday explained the array of legal and diplomatic problems associated with Trump’s order. NBC’s Chuck Todd questioned the constitutionality of green card holders reportedly also being subject to the executive order. CBS’ John Dickerson grilled White House chief of staff Reince Priebus about the diplomatic backlash of the order from allied countries. ABC’s Terry Moran explained that Trump’s insistence that Christians would receive special treatment is “probably unconstitutional under the Establishment Clause.” On CNN’s Fareed Zakaria GPS, ACLU president Anthony Romero gave a thorough explanation of how Trump’s executive order violates international treaties, several clauses and amendments of the Constitution, and federal statutes. And Republican strategist and CNN commentator Ana Navarro pointed out that the order amounts to -- and is perceived widely as -- a Muslim ban.
Yet Wallace noted none of those constitutional and diplomatic problems in his interview with Conway. He briefly mentioned the judges that temporarily blocked some parts of the order, but neglected to explain why, and allowed Conway to dismiss the effect of the rulings on Trump’s order without any pushback. Watch Wallace’s interview of Conway about the executive order below:
Most Sunday news shows gave little attention to reports detailing the Office of Government Ethics’ (OGE) concerns that it will not be able to complete background checks on all of President-elect Donald Trump’s cabinet nominees in time for their confirmation hearings. Despite the confirmation hearings beginning this week, CBS’ Face the Nation was the only show to devote significant time to the story.
Sunday morning political shows almost entirely ignored the unprecedented move by North Carolina Republicans to significantly limit the executive powers of the incoming Democratic governor.
On December 14, Republicans in the North Carolina state legislature launched a three-day special session for the sole purpose of introducing “a flurry of bills … to undermine [incoming Democratic Governor Roy] Cooper by stripping him of his ability to make key appointments to state and local boards and mandating, for the first time, legislative approval of his cabinet,” The New York Times reported. The Times added that the “significant shackling of the governor’s authority” may result in lawsuits from the incoming administration against the state legislature.
CNN.com reported that the Republican legislature's "unprecedented power grab" includes legislation to “block Cooper from appointing any members to the state Board of Education and to the board of trustees for the University of North Carolina system,” and to slow lawsuits from reaching the majority Democratic-appointed state Supreme Court. The legislation also will revert to a partisan election process for filling vacancies at appellate level state courts.
Despite North Carolina Republicans’ “brazen bid for permanent power,” the Sunday morning political shows of December 18 all but ignored their unprecedented actions. A Media Matters review of ABC’s This Week, CBS’ Face the Nation, NBC’s Meet the Press, CNN’s State of the Union, and Fox Broadcasting Co.’s Fox News Sunday found that only Meet the Press discussed the situation in one brief segment that lasted less than three minutes.
Host Chuck Todd opened a discussion on Meet the Press about the events in North Carolina by describing them as “perfectly legal” due to Republicans’ “veto-proof majority.” (In fact, a legal challenge against North Carolina Republicans’ actions may be looming.) The segment also featured misinformation from CNBC’s Rick Santelli, a right-wing commentator sometimes credited for “launching the tea party movement,” who bizarrely transformed a story about a state political party’s power grab into a complaint that “the federal government gets too much control in various states.”
Other national and internet media outlets have given this story the detailed reporting and thoughtful analysis it demands. Slate’s Mark Joseph Stern wrote that the “last-minute power grab marks an alarming departure from basic democratic norms” and is “a blatant attempt to overturn the results of an election by curtailing judicial independence and restructuring the government to seize authority lawfully delegated to the incoming Democratic governor.” The New York Times and Washington Post editorial boards excoriated North Carolina Republicans’ "novel strategy to subvert the will of the voters" in a “graceless power grab.” And as elections law expert Rick Hasen explained, some of the measures are so extreme that they could spur “potential Voting Rights Act and federal constitutional challenges” on the basis that “the legislature would potentially be diluting minority voting power and making minority voters worse off."
Nonetheless, Sunday shows appear to be following the poor example set by broadcast news shows, which Media Matters previously found completely ignored the story for several days.
Media Matters searched Snapstream and iQ Media for mentions of “North Carolina” on the December 18 editions of CNN’s State of the Union, ABC’s This Week, CBS’ Face the Nation, NBC’s Meet the Press, and Fox Broadcasting Co.’s Fox News Sunday.
Studies have shown that most Americans don’t read beyond the headlines of news articles, most people who share articles on social media haven’t actually read them, and misleading headlines misinform people even when the body of the article gets the facts right. And that’s a huge problem when major outlets’ headlines are framed around President-elect Donald Trump’s latest false claims about climate change.
During a December 11 appearance on Fox Broadcasting Co.’s Fox News Sunday, Trump declared that “nobody really knows” whether human-induced climate change is happening. As is often the case in TV interviews with climate science deniers, host Chris Wallace didn’t challenge Trump’s claim, which blatantly misrepresents the consensus of the world’s leading scientific institutions that human activities such as burning fossil fuels are the main cause of global warming. But Wallace’s silence was just the first media misstep.
In the hours that followed, major media outlets including The Washington Post, CNN.com, United Press International, and International Business Times produced online headlines about Trump’s remarks that didn’t mention that they were false:
Each of these outlets noted in the body of the articles that the vast majority of climate scientists would dispute Trump’s claim that “nobody really knows” whether man-made climate change is real (the initial version of the Post article apparently did not, but it was updated). Nonetheless, the damage had already been done by the headlines.
When Trump makes comments like these, the news story should be that the the president-elect told a whopper about climate change, not that the science of climate change is suddenly in doubt. And if media outlets want to avoid confusing their readers, their headlines should reflect that reality.
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UPDATE: Hours after the Sunday political talk shows ignored the story, the Army Corps of Engineers announced that they will deny the current route for the pipeline in favor of exploring alternate routes.
Sunday morning political talk shows entirely ignored the ongoing demonstration at the Standing Rock Sioux Reservation, continuing a troubling pattern of scant media attention being paid to the historic protests and the violent crackdown on the movement for environmental, civil, and Native peoples’ rights.
Law enforcement and private security officers armed with rubber bullets, water cannons, and dogs have clashed with peaceful protesters at the reservation in North Dakota, where Native demonstrators known as water protectors have sought to delay, and ultimately redirect or derail, construction on the Dakota Access Pipeline, which is currently slated to run near the reservation. The pipeline, which was originally supposed to be built near Bismarck, was redirected near the reservation after residents of Bismarck raised concerns that the pipeline would contaminate their water supply. The protest has become “the longest-running protest in modern history” with “the largest, most diverse tribal action in at least a century, perhaps since Little Bighorn.”
On December 3 and 4, thousands of U.S. veterans arrived at Standing Rock to support the Native water protectors, join their cause, and “call attention to the violent treatment that law enforcement has waged on the protesters.” The Army Corps of Engineers has ordered the water protectors to vacate the site on their own reservation by December 5.
Despite the ongoing violent retaliation against the activists by law enforcement personnel, the December 4 editions of the major Sunday morning political talk shows -- including ABC’s This Week, CBS’ Face the Nation, CNN’s State of the Union, Fox’s Fox News Sunday, and NBC’s Meet the Press -- entirely ignored the events at Standing Rock.
The Sunday political talk shows’ outrageous Standing Rock blackout is in line with how cable news has covered, or not covered, the protests. From October 26 through November 3, CNN, Fox News, and MSNBC combined spent less than an hour covering the ongoing demonstration and violent law enforcement response. Fox News stood out for its minimal coverage, devoting just four and a half minutes to reporting on the events during the time frame analyzed. A review of internal Media Matters records shows that the five main Sunday shows have failed to devote time to the events at Standing Rock since at least September.
CNN’s media criticism show, Reliable Sources, discussed the media blackout on Standing Rock and provided some guidance on how cable news should cover the gathering moving forward. The show’s host, Brian Stelter, lamented that “one of the most important civil and environmental rights stories of our time” was receiving “off and on attention from the national media,” noting that too often, the story seems to completely “fall off the national news media’s radar.”
Stelter’s guest -- Democracy Now’s Amy Goodman, who was charged with trespassing while reporting live on the ground -- implored "all the media” to be "there on the ground giving voice to the voiceless” and said that “all the networks” “have a responsibility” to show images of police cracking down on protesters. Goodman also linked the media’s Standing Rock blackout to the national political media’s silence about climate change during the presidential campaign: “Not one debate moderator raised that as a question,” Goodman decried. “This is a key issue.”
Some shows on MSNBC did cover the events at Standing Rock, with Al Sharpton giving a “shoutout to the protestors” and noting that, “until recently, they weren't getting any attention from the outside world.” Joy-Ann Reid, who said that “there needs to be a lot more reporting on this,” provided exemplary coverage of the protests, inviting a member of the Standing Rock Sioux tribe to be interviewed by MSNBC’s Cal Perry on the ground in North Dakota. Reid’s segment -- by devoting time to Standing Rock in the first place, talking with a person directly affected, and having a media presence at the site -- is a model for all news shows to follow. Reid also covered the “grossly underreported story” the week prior.
Online publications and public media have given some coverage to the actions against the pipeline amid the national news media’s virtual blackout, bringing videos and images of the clashes directly to the nation in ways TV news networks are not. And Democracy Now, which has diligently reported on the activity at Standing Rock, posted a video of private security hired by the Dakota Access Pipeline Company attacking protesters with dogs and pepper spray that has over one million views on YouTube.
NowThisNews’ Facebook page has an informational video about the protests, including images of violent attacks by law enforcement personnel on the protesters and interviews from activists, that also has over one million views.
Media have a responsibility to provide coverage of the environmental and human rights battles occurring at Standing Rock. Denying the activists due coverage allows right-wing spin to infiltrate the conversation, plays into a long-standing problem of both the lack of representation of people of color in media and a double standard in covering progressive protesters, and is a barrier to generating the public pressure necessary to induce change.