From the November 18 edition of CNN's CNN Tonight:
Loading the player reg...
The Wall Street Journal is misleading about President Obama's proposed executive action on immigration by suggesting he does not have enough legal authority to support the move.
As The New York Times recently reported, Obama is expected to announce as soon as this week an executive order aimed at improving the nation's immigration system. Although specific details about the order have yet to be disclosed, it is expected in part to build upon the Deferred Action for Childhood Arrivals (DACA) program, which has deferred deportation proceedings for some categories of immigrants. There is plenty of legal precedent and justifications for such a move, and even right-wing media figures like Fox News hosts Bill O'Reilly and Megyn Kelly have admitted that the president has the authority to take action on immigration in this way through the exercise of prosecutorial discretion.
But in a November 16 editorial, the Journal questioned whether Obama had the legal authority to issue his executive order because his administration hadn't yet received "written legal justification" from the Department of Justice's Office of Legal Counsel. The editorial also misrepresented how prosecutorial discretion actually works and ignored the use of similar executive orders on immigration by Republican presidents in the past.
From the editorial:
If the White House press corps wants to keep government honest, here's a question to ask as President Obama prepares to legalize millions of undocumented immigrants by executive order: Has he sought, and does he have, any written legal justification from the Attorney General and the Justice Department's Office of Legal Counsel (OLC) for his actions?
This would be standard operating procedure in any normal Presidency. Attorney General Eric Holder is the executive branch's chief legal officer, and Administrations of both parties typically ask OLC for advice on the parameters of presidential legal authority.
Yet as far as we have seen, Mr. Obama sought no such legal justification in 2012 when he legalized hundreds of thousands of immigrants who were brought to the U.S. illegally as children. The only document we've found in justification is a letter from the Secretary of Homeland Security at the time, Janet Napolitano, to law enforcement agencies citing "the exercise of our prosecutorial discretion." Judging by recent White House leaks, that same flimsy argument will be the basis for legalizing millions more adults.
It's possible Messrs. Obama and Holder haven't sought an immigration opinion because they suspect there's little chance that even a pliant Office of Legal Counsel could find a legal justification. Prosecutorial discretion is a vital legal concept, but it is supposed to be exercised in individual cases, not to justify a refusal to follow the law against entire classes of people.
Gun Owners of America executive director Larry Pratt said in an interview that President Obama "clearly doesn't like the fact that the American people can own guns because we might just want to use them to keep people like him from becoming tyrants."
Pratt, who heads a gun rights group considered to the right of even the National Rifle Association, made the comment during a November 17 appearance on Newsmax TV's America's Forum. He also bragged that his group was responsible for the 2013 defeat of a U.S. Senate bill to expand background checks on gun sales.
The latest inflammatory remark from Pratt comes hours after the release of a video project by The American Independent Institute (TAII) and gun safety group Coalition to Stop Gun Violence (CSGV) on the state of the gun lobby that discusses how media turn to Pratt for commentary on the gun issue, often while ignoring his lengthy history of extremism and past association with white supremacists.
Pratt's claim on America's Forum came during a discussion of the United Nations Arms Trade Treaty (ATT). The purpose of the treaty is to prevent the transfer of arms to human rights abusers and it would have no impact on domestic gun laws. Nonetheless, GOA, the NRA, and conservative media often advance the conspiracy theory that the ATT will be used by international entities to register or even confiscate privately held guns in the United States.
While the Senate has thus far refused to ratify the ATT -- as it has been dogged by right-wing conspiracy theories -- Pratt suggested that Obama would use "international community agreement" to unilaterally enact the provisions of the ATT. According to Pratt, Obama's motivation for this extra-constitutional action would be "because he clearly doesn't like the fact that the American people can own guns because we might just want to use them to keep people like him from becoming tyrants."
Conservative media long argued that stopping the NYPD's discriminatory stop-and-frisk tactics would result in higher violent crime rates. But even after the dramatic decrease in stop-and-frisk's application in the city, a NYPD report shows that the city's crime rate dropped to a 20 year low.
The media's short "attention span" has given Gun Owners of America executive director Larry Pratt access to a mainstream television audience despite his "long, multi-decade history of radicalism and extremism," according to journalist Alexander Zaitchik, who recently profiled Pratt for RollingStone.com.
Zaitchik discussed his investigation in a three-part series of videos chronicling the state of the pro-gun movement produced by The American Independent Institute (TAII), which funded Zaitchik's profile, and the gun safety group Coalition to Stop Gun Violence (CSGV).
In part one, released on November 12, Zaitchik and CSGV executive director Josh Horwitz discussed how media turned to Pratt for analysis during the gun debate following the Sandy Hook mass shooting in 2012, often while ignoring Pratt's history of extremism. Part two is a conversation about the gun rights movement's embrace of insurrectionist ideology, while part three covers the role of money in gun rights groups and the National Rifle Association's efforts to reach out to a younger and more diverse audience while retaining inflammatory figures like board member Ted Nugent.
Watch part one here:
A recent study indicated that viewers of Fox News are far more likely than viewers of other TV news to believe that voter fraud is a more significant problem than voter suppression, an unsurprising finding given the network's misleading reports on voter ID laws and in-person voter fraud.
Right-wing media have repeatedly defended the need for strict voter ID laws while denying the reality of voter suppression -- particularly in the run-up to the midterm elections. On the November 2 edition of America's News HQ, National Review Online contributor Hans von Spakovsky argued that it was "not true" that strict voter ID laws can "suppress minority voters," even though there were already concrete examples of people of color, women, and the poor being turned away from the polls this past election because they didn't have the type of identification required to vote. Even though a federal court has called one voter ID law an "unconstitutional poll tax," right-wing media have previously called such restrictive ID requirements "a good thing."
Fox News was back on the supposed harmlessness of strict voter ID again on the November 12 edition of The O'Reilly Factor. Host Bill O'Reilly rejected a federal court's uncontroverted finding that implementation of Texas' new voter ID law "may prevent more than 600,000 registered Texas voters (about 4.5% of all registered voters) from voting in person for lack of compliant identification," as Supreme Court Justice Ruth Bader Ginsburg noted in her dissent from the Supreme Court's refusal to block the law. O'Reilly's guest, fellow Fox News host Eric Shawn, concluded that Ginsburg's prediction was "[n]ot true" because a roundup of disenfranchised voters compiled by the Brennan Center for Justice listed only "about 12" instances of voters being turned away in Texas:
Segments like the one on the Factor might explain why viewers of Fox News disproportionately believe that voter fraud is a bigger problem than voter suppression, despite evidence to the contrary. As Talking Points Memo reported, a new study from the Public Religion Research Institute suggests that "people who consider Fox News their most trusted TV news source say that 'people casting votes who are not eligible to vote' is the bigger problem while most people who trust other news stations (CNN, broadcast news, or public television) say that eligible voters who are denied the right to vote is the bigger issue in voting today."
President Obama is expected to announce immigration orders that build upon the 2012 Deferred Action for Childhood Arrivals (DACA) program and provide temporary administrative relief for certain undocumented immigrants, an exercise of prosecutorial discretion that right-wing media have attacked as "lawless." But experts across the political spectrum acknowledge that this type of executive action has long been practiced and authorized under federal immigration law.
From the November 12 edition of MSNBC's The Rachel Maddow Show:
Loading the player reg...
Right-wing media outlets are criticizing Loretta Lynch, the highly-qualified attorney that President Obama has nominated to replace outgoing Attorney General Eric Holder, by attacking her support of voting rights litigation and claiming her membership in one of the country's leading African-American sororities is "controversial."
On September 25, Holder announced that he would step down as attorney general, but would stay in office until his replacement was confirmed. The president nominated Lynch to the post on November 8, citing her extensive legal experience and stating that "it's pretty hard to be more qualified for this job than Loretta." Even conservative figures appear to agree, with Republican Senator Lindsay Graham calling her a "solid choice." News Corp Chairman Rupert Murdoch echoed Graham's sentiment, noting that the nominee has a "reputation for fairness and strict legality." Lynch is a Harvard Law graduate, has decades of experience as a successful and widely praised federal prosecutor, and has served as U.S. attorney for the Eastern District of New York since 2010, when she was confirmed by unanimous consent.
But after Obama's announcement, conservative media ignored her qualifications and began to attack Lynch anyway, falsely accusing her of partisanship. Breitbart.com was so eager to find fault in her nomination that it went after the wrong Lynch, erroneously claiming that she was involved in former President Bill Clinton's defense during the Whitewater investigation in 1992. In reality, it was a different attorney named Loretta Lynch who defended the president during the probe that cleared the Clintons; the current nominee Lynch was serving in the U.S. attorney's office at the time.
The attacks have continued even after Breitbart.com issued a correction to its story. On the November 11 edition of Lou Dobbs Tonight, host Lou Dobbs claimed Lynch's membership in one of the country's leading African-American sororities was "controversial" because Holder's wife, a classmate of Lynch's, also pledged Delta Sigma Theta.
National Rifle Association executive vice president Wayne LaPierre warned that "all we've worked for" with regard to "our freedom since the founding of the country could be in jeopardy" in the 2016 elections while also stating that "every American owes NRA members and gun owners a debt of gratitude" for the 2014 election outcomes.
The NRA frequently rallies its supporters by suggesting each election cycle could bring about the destruction of the Second Amendment or even the entire United States of America while baselessly giving itself credit in instances where Republicans do well at the polls.
During a November 6 appearance on the NRA's radio show Cam & Company, LaPierre wasted no time turning to 2016, stating, "We've won the first half here of the game, but we won't win the battle until we win all the game and 2016 is a big deal."
"I mean if we end up with an anti-Second Amendment president in 2016, I mean all we've worked for in the last 30 years or our freedom since the founding of the country could be in jeopardy," LaPierre added.
Arguing that "we need to get NRA stronger," LaPierre went on to describe the 2016 election as "the fight of our lives for American freedom." LaPierre also said in the 2014 elections that the NRA had "beat the Bloombergs, we beat the Clintons, this time, but they're not going away and if they win in '15 and '16 the damage that they can do to the Second Amendment is unimaginable. (Former New York City Mayor Michael Bloomberg is a prominent gun safety activist and was the primary backer of an "historic" 2014 ballot initiative to expand background checks on gun sales in Washington state.) LaPierre concluded his remarks by saying, "we are never going to have a bigger challenge than what we have to pull off together in 2016."
That sentiment from the NRA is one that observers have heard time and again.
Just days ago the NRA warned that the "the future of our Second Amendment rights comes down to one day -- Election Day 2014," which is "the most important of our lifetime" because "[o]ur fundamental right to keep and bear arms has never been in greater jeopardy."
Members of the conservative media are attempting to scandalize President Obama's Attorney General nominee Loretta Lynch by suggesting she was involved in the Whitewater investigations of the 1990s. However, the Loretta Lynch that played a bit role in Whitewater -- an investigation into fraudulent real estate deals that did not include any wrongdoing by the Clintons -- is a different person than Obama's attorney general nominee.
According to a November 8 Breitbart.com article by Warner Todd Huston, "few are talking about" the fact nominee Lynch "was part of Bill Clinton's Whitewater probe defense team in 1992." Huston pointed to a March 1992 New York Times article that "reported that Lynch was one of the Clintons' Whitewater defense attorneys as well as a 'campaign aide.'" And in a November 9 article Huston's colleague, Breitbart.com Senior Editor-at Large Joel Pollak wrote, "The connection to Whitewater ought to provide additional fodder for Republicans during Lynch's confirmation hearings":
The connection to Whitewater ought to provide additional fodder for Republicans during Lynch's confirmation hearings. It is odd that Obama chose someone so close to the Clintons--or perhaps not, given the prominent role played by Clinton insider John Podesta in the second term of the Obama White House. Lynch has been rewarded throughout her career for her political loyalty--not an unusual path up the career ladder for federal prosecutors, but certainly one that will allow the GOP, as well as Obama, to raise the political stakes.
The Loretta Lynch referred to in the New York Times article is a California based attorney who has worked on several prominent political campaigns, not Attorney General nominee Loretta Lynch. Obama's nominee is shown on the right, while the Loretta Lynch Breitbart refers to is on the left:
Fox News is sending a mixed message about whether or not President Barack Obama has the legal authority to address the immigration crisis through executive action, even though legal experts agree that such action is perfectly lawful.
After Republicans in the House failed to consider a comprehensive and bipartisan immigration reform bill passed by the Senate, President Obama announced that he would take steps to address the issue through lawful executive actions. One possibility is the expansion of the Deferred Action for Childhood Arrivals (DACA) program, which temporarily halts deportation proceedings for young law-abiding undocumented immigrants -- an exercise of standard prosecutorial discretion typical of law enforcement agencies. After the Democrats lost control of the Senate on November 5, the president repeated his promise to move on immigration reform in the absence of congressional action, explaining at a press conference that "we're gonna take whatever lawful actions that I can take that I believe will improve the functioning of our immigration system."
Some Fox News hosts were skeptical about whether the president has the authority to take unilateral executive action, however. On the November 7 edition of Outnumbered, co-host Andrea Tantaros complained that Obama "doesn't care about the constitution" and that he would "get away with" executive action on immigration because "some pointy-nosed Harvard lawyers [will argue] whether or not this is constitutional."
Tantaros' complaints echoed her Fox colleague Sean Hannity, who on the November 6 edition of his show criticized the president's pledge to take executive action on immigration. In an interview with Sen. Mike Lee (R-UT), Hannity argued that the president "may not have the authority do this" and that "immigration law does not allow for the amnesty that the president wants to grant." Lee agreed with Hannity's assessment, and suggested that the proposed order would "lead us from behind into a constitutional crisis":
The National Rifle Association and its allies in conservative media are attempting to downplay the significance of an "historic" victory for gun safety in Washington state, where voters overwhelmingly approved a ballot initiative to expand background checks on gun sales.
On November 4, Washington voters backed Initiative 594, a proposal to require a background check on nearly all gun sales, with some exceptions for temporary transfers and transfers between family members. In doing so, Washingtonians closed a loophole in federal law that allowed guns to be bought without a background check at gun shows, over the Internet, and through other venues from non-licensed sellers.
Voters also rejected I-591, a competing initiative that would have prohibited the enactment of any background check law that was stricter than the loophole-riddled federal law. The NRA stayed neutral on 591 and spent nearly $500,000 opposing 594.
Journalists labeled the successful ballot initiative approach to a background check law as "historic," while the head of Everytown for Gun Safety, a prominent backer of I-594, said the outcome "proved the polls right -- when Americans vote on public safety measures to prevent gun violence, gun safety wins."
Prior to Election Day, an NRA spokesperson expressed concern about the potential passage of I-594 stating, "If [gun safety advocate Michael Bloomberg] is successful in this ballot initiative in Washington, we are very concerned that he will replicated this across the country and we will have ballot initiative like this one across the country. That is why we are so concerned."
In an attempt to spin the unfavorable outcome, conservative media and the NRA are offering weak arguments to downplay the significance of this major victory for gun safety advocates:
Fox News hosts Jon Scott and Heather Nauert suggested that California voters did not know what they were doing when they passed a ballot measure that will reduce criminal penalties and address unconstitutional overcrowding in the state's prisons.
On November 4, Californians voted to pass Proposition 47, known as the Safe Neighborhoods and Schools Act. As the Huffington Post reported, the measure would downgrade "nonviolent felonies like shoplifting and drug possession" to misdemeanors, an act that would lead to about "40,000 fewer felony convictions" and save the state "hundreds of millions of dollars on prisons" annually.
On the November 6 edition of Happening Now, hosts Heather Nauert and Jon Scott hosted a panel that included the author of Proposition 47 to discuss what the legislation would mean for California. Nauert suggested that those who voted for measure may not have known what they were doing. Asking "if the people who voted for that proposition knew what it was really all about," Nauert called its title "misleading" while Scott mused that "you do have to wonder" about it since "everybody wants safe schools and neighborhoods... but do they know what they were really voting for?":
But Fox's assessment of voters' inability to grasp what they were voting for ignores the wide-margin by which the measure passed. Capturing 58 percent of the vote, Proposition 47 proved widely popular with Californians at the ballot box.
Moreover, the new law will bring the California justice system in compliance with its constitutional obligations. In 2011, the Supreme Court ordered California officials to reduce its prison population, which had grown to unconstitutionally high levels after the state enacted a "three-strikes law" in 1994 that forces judges to sentence repeat offenders to prison for life. Writing for the majority, conservative Justice Anthony Kennedy determined that California's prison system resulted in "needless suffering and death" as a result of "serious constitutional violations." Kennedy continued:
Overcrowding has overtaken the limited resources of prison staff; imposed demands well beyond the capacity of medical and mental health facilities; and created unsanitary and unsafe conditions that make progress in the provision of care difficult or impossible to achieve. The overcrowding is the "primary cause of the violation of a Federal right," specifically the severe and unlawful mistreatment of prisoners through grossly inadequate provision of medical and mental health care.
California lawmakers were still struggling to address "severe overcrowding" in the state's prison system earlier this year, but Proposition 47 is one step towards getting the state in line with the Supreme Court's order while still ensuring that violent offenders remain in prison.
Nauert and Scott's comments are just the latest Fox attack on voters. The network has previously suggested that young women shouldn't vote, that young people should stay away from polls "if they don't know the issues," and that Americans should have to pass citizenship tests before gaining the right to vote.
Media commentators are highlighting "historic" gun safety victories on election night, including the passage of a background check ballot initiative in Washington state, the reelection of governors who passed the toughest gun safety laws in the wake of Newtown, and the recapture of Colorado state senate seats targeted by gun activists in a 2013 recall campaign. The media attention given to these victories stands in contrast to frequent reporting advancing the myth of the National Rifle Association's electoral dominance.