Right-wing media are celebrating Gov. Bruce Rauner's (R-IL) executive order blocking public-sector unions from collecting "fair share" fees from the state employees they represent, even though there is no precedent for such a move. National Review and The Wall Street Journal are praising Rauner for "thinking creatively" by effectively turning Illinois into a "right-to-work" state without legislative approval, even though those same outlets have criticized President Obama for issuing lawful executive orders without Republican input.
Rauner's order specifically targets "fair share" dues that nonmembers in unionized workplaces pay to cover the cost of union representation for their collective bargaining agreements. Illinois law already prohibits fair share fees (as opposed to full membership dues) from being used to fund union political activities, but Rauner nevertheless issued his executive order and wrongly claimed that "an employee who is forced to pay unfair share dues is being forced to fund political activity with which they disagree." A number of states have passed "right-to-work" laws that target these kinds of dues with the express purpose of weakening the bargaining power of unions. But Rauner saved himself some time by ignoring decades of Supreme Court labor-law precedent and imposing the "right-to-work" standard on state employees without running it past the legislature first.
Right-wing media are not particularly concerned with Rauner's unilateral and legally questionable antics. Rauner's lawyers, however, apparently realize the unusual nature of this executive action. On the governor's behalf, they have defensively filed a lawsuit asking a district court to preemptively declare his order legal on the radical assumption that all union activity -- even that related to collective bargaining -- is inherently political.
In a February 11 post, National Review writer Patrick Brennan applauded Rauner's "daring" and legal manuevering, celebrating that "Rauner's Illinois is in limbo -- and, duly elected, he deserves credit for putting them there." The Journal also praised Rauner in a February 10 editorial for "thinking creatively" since the "Democrats who have a supermajority in the state legislature won't make Illinois a right-to-work state."
This is an interesting about-face on executive orders from these outlets, which have attacked Obama's executive action on immigration in the face of an obstructionist GOP-controlled House as an "abuse of power" and "executive overreach" -- despite there being plenty of legal and historical precedent to support Obama's orders. In a November 16 editorial, the Journal argued that it would "support more liberal immigration but not Mr. Obama's means of doing it on his own whim because he's tired of working with Congress." Similarly, in a November 6 editorial, National Review complained that for Obama to "act on immigration without engaging the country's new congressional majority would be a defiance of the legislative branch, and of the American electorate."
But Rauner's order gets a pass from National Review now, because it is enough that "after a deep legal review, he thinks the fair-share fees are unconstitutional forced expression."
Apparently Rauner's deep legal review involves rewriting the basics of labor law. As the Illinois Economic Policy Institute explained, Rauner's claim that "state workers are forced to pay union dues for political purposes" is "false":
Illinois law does not prohibit labor organizations with state collective bargaining agreements from contributing to elected officials, but it also does not mandate that workers must pay for political activities that are endorsed by their representative union. The Illinois Public Labor Relations Act requires all employees covered by a collective bargaining agreement to pay their "fair share" of the cost of collective bargaining and contract administration. Fair share dues "shall not include any fees for contributions related to the election or support of any candidate for political office" but an employee can make "voluntary political contributions in conjunction with his or her fair share payment" [emphasis added]. Since the 1988 Communications Workers of America v. Beck case in the U.S. Supreme Court, unions are authorized to collect from non-members only fees and dues necessary to perform collective bargaining operations, and workers can object to paying a portion of their dues toward political activities.
As conservative Justice Antonin Scalia explained in a 1991 labor law case, nonmembers who don't pay dues "are free riders whom the law requires the union to carry -- indeed, requires the union to go out of its way to benefit, even at the expense of its other interests. In the context of bargaining, a union must seek to further the interests of its nonmembers; it cannot, for example, negotiate particularly high wage increases for its members in exchange for accepting no increases for others." Without compulsory fair share dues for the collective bargaining agreement from which both non-members and members benefit, unions face a serious "free rider" problem and threat to their financial viability.
Which, for the National Review and the Journal, is clearly the point.
There's no question that the current makeup of the Supreme Court is less sympathetic to the labor movement than it has been in the past. In 2014, the conservative majority ruled that home care workers in Illinois (who are paid with state Medicaid funds but are not full-fledged public employees) cannot be compelled to pay dues to a union they don't want to join, but ultimately declined to strike down a 1977 case that allows public-sector unions to collect "fair share" dues from nonmembers. Even though Justice Samuel Alito's majority opinion questioned the "foundations" of that 1977 ruling -- basically inviting a challenge like Rauner's -- the case is still good law.
In light of this precedent, some might call Rauner's actions an appeal to the "judicial activism" they frequently condemn. The WSJ, on the other hand, is calling this "thinking creatively."
The Washington Post's Erik Wemple, who writes a reported opinion blog on the media, criticized Washington, D.C. Fox affiliate WTTG chief investigative reporter Emily Miller for speaking at a gun rights rally in Annapolis, Maryland, noting that "Miller's appearance puts WTTG in a bind vis-a-vis Maryland politics."
Miller addressed gun advocates at a rally organized by Maryland Shall Issue, the National Rifle Association's lobbying arm, the Institute for Legislative Action, and other Maryland gun groups on February 10 outside of the Maryland State House. After the rally, which also featured speeches by representatives from Maryland gun rights groups and Maryland legislators, attendees were urged to lobby lawmakers to loosen Maryland's gun laws.
As a reporter for WTTG, Miller often covers gun-related issues. Prior to joining WTTG in 2014, Miller was the senior opinion editor for the conservative Washington Times and ran the paper's guns blog. Miller has been a frequent source of conservative misinformation about gun violence.
The Supreme Court will soon hear King v. Burwell, a right-wing challenge to the Affordable Care Act that could strike down the subsidies that Americans rely on to purchase health insurance. Here is a media guide to some of the health care and legal experts -- including conservative industry groups, members of Congress, and state officials -- who are asking the Court to reject the challengers' reading of the ACA, which flouts common sense and rules of statutory interpretation.
Discredited gun researcher John Lott misled about a controversial NRA-backed law that is being used to challenge Pennsylvania gun ordinances, the same day he hoped to testify as an expert witness in a related lawsuit.
In 2014, Republican Pennsylvania Governor Tom Corbett signed legislation that expanded the scope of a longstanding Pennsylvania state preemption law that limits the ability of local governments to pass gun ordinances that go beyond state gun laws. The new law, Act 192, expands how the preemption law can be enforced with an unusual provision that gives gun rights groups a special status to sue the local municipalities who allegedly violate the state preemption law.
The NRA has called the law "a much-needed protection for gun owners in the Keystone State" and has already moved to sue several Pennsylvania cities over local gun laws. Philadelphia Magazine called the law "astonishing" and "appalling" because the special "standing" to sue, carved out for gun rights groups under the law, means "[t]he NRA can sue -- and it can win without having to show that anybody actually had their rights violated." The magazine also noted that the law would allow the NRA to capture Pennsylvanians' tax dollars in the form of attorney's fees granted to the victor of a lawsuit under the law. Prior to the enactment of Act 192, the NRA had attempted to sue a Pennsylvania municipality, but had its lawsuit dismissed for lack of standing.
In a February 6 opinion piece for The Patriot-News, a Harrisburg newspaper, Lott misled in two ways about the scope of Act 192 in order to normalize the law's unusually broad standing to sue. Lott's piece was appended with the note that he is "serving as an expert witness in Friday's case against Harrisburg."
An AL.com columnist incorrectly described the legal challenges to prohibitions on same-sex marriage and declared he is "thankful" for Alabama Supreme Court Chief Justice Roy Moore, who recently announced he was opposed to recent federal marriage equality rulings. Moore has urged the state's Governor to stand against "judicial tyranny" and warned he might not accept the U.S. Supreme Court's final decision on this matter.
On January 23, a federal judge in Mobile struck down Alabama's voter-approved prohibition on same-sex marriage, ruling that the ban violated the 14th Amendment of the U.S. Constitution. On January 27, Moore wrote a letter to Alabama Governor Roy Bentley, asking Bentley to join him in ignoring the federal civil rights decision. Moore also expressed his "dismay" that probate judges in Alabama planned to "recognize and unilaterally enforce a federal court decision which does not bind them" and stated that he "would advise them that the issuance of such licenses [to same-sex couples] would be in defiance of the laws and Constitution of Alabama."
On January 28, he appeared on the Family Research Council's radio show to defend the Supreme Court's now-overturned decision in Bowers v. Hardwick that affirmed state bans on gay sex. Moore told host Tony Perkins that "the danger of [marriage equality decisions] is, if we let judges overturn the will of the people and do nothing about it and do not push that, then the United States Supreme Court turns around and says, 'Well, now, 30 states have adopted this, and that's a majority of the people that want it.'" He followed up this defense of anti-LGBT discrimination on January 29 in a radio interview on The Matt Murphy Show, where he reportedly claimed "that's a very hard decision" as to whether or not he would follow the decision of the Supreme Court if it upheld the marriage equality decisions he condemns.
"Good for him," AL.com's J. Pepper Bryars wrote in support of Moore's recent stand against the federal judiciary's endorsement of marriage equality in his February 3 column. He also applauded Moore's decision to take "an all-too-rare stand against judicial activism in America," and admonished "lawmakers [who] loudly complain about federal judges, but then meekly abide by their rulings without any serious action, it's refreshing to see someone finally push-back in a real way":
Whatever side of the aisle you're on, it should be troubling that our democratic society so easily -- and perhaps too eagerly -- bends the knee to the bench on practically every issue. Is there anything that isn't under their purview? Is there anything that "we the people" can decide for ourselves? It appears that when the courts decide those questions for themselves, without any serious check and balance, the answer is clearly "no."
It's not that federal courts don't have the power of judicial review -- the ability to ensure that laws aren't clearly forbidden by the federal constitution -- it's a matter of scope. As noted in Moore's letter, "nothing in the United States Constitution grants the federal government the authority to redefine the institution of marriage."
He's right. There's nothing in the constitution that remotely touches upon marriage, or abortion for that matter, except the part that says whatever isn't written in there must be left to the states to figure out, or to the people. Yet we allow more than a million unborn babies to be killed annually in the United States because nine judges said it was okay back in the 1970s. We're still submitting to that unjust ruling.
A profile of the gun industry's trade group, the National Shooting Sports Foundation (NSSF), published by The Hill credulously adopted false claims from the NSSF to discount the work of gun safety groups in improving the national background check system for firearms sales.
In a February 3, 2015, lobbyist profile of NSSF senior vice president Larry Keane, The Hill reported that, "Perhaps the NSSF's most surprising safety effort -- at least, to gun control advocates -- is its campaign to improve background checks," before describing an effort by NSSF to encourage states to submit more disqualifying records to the National Instant Criminal Background Check System (NICS), an FBI-administered database used by federally licensed firearm dealers to process background checks on customers.
NICS has stopped more than 2 million prohibited purchasers from buying firearms over the past two decades, but the records contained within the system are incomplete, often due to failures by states to submit disqualifying records to NICS.
While the NSSF's efforts in improving NICS are laudable, The Hill credulously quoted false claims from Keane that suggested gun safety groups have played no role in improving NICS. According to Keane, gun safety groups funded by prominent gun safety supporter and former New York City Mayor Michael Bloomberg "don't actually do anything" to improve NICS while NSSF "put our money where our mouth is":
All gun dealers are required to use the National Instant Criminal Background Check System (NICS) to search for records that would make potential buyers ineligible to own a gun, such as those convicted of a crime. The system is notoriously unreliable, plagued by a lack of data and governed by a patchwork of state laws -- problems that all sides of the gun debate have long tried to fix.
Still, Keane argues that his organization is the only one with "boots on the ground."
"People will talk about it, most notably the Bloomberg-funded groups, but they don't actually do anything," he said. "We put our money where our mouth is."
A basic examination of the history of legislative efforts to improve NICS shows that Keane's claim is entirely untrue. Missing records in NICS came under major scrutiny following the 2007 Virginia Tech mass shooting. The gunman in that incident passed a background check to purchase two firearms, even though he should have been flagged because of a disqualifying mental health record.
In a bi-partisan manner, Congress passed legislation called the NICS Improvement Amendments Act of 2007 that offered incentives for states to submit disqualifying records into NICS. In a 2008 letter, Bloomberg, writing on behalf of his gun safety group Mayors Against Illegal Guns (which later became part of Everytown for Gun Safety), called on Congress to fully fund the legislation, which President George W. Bush signed into law.
Bloomberg's gun safety efforts have repeatedly made an issue of missing NICS records and have issued regular reports on progress to add missing records to NICS.
National Review's editorial board is arguing that Senate Republicans should "resist" Loretta Lynch's nomination to become the next U.S. attorney general because the board refuses to believe that "amnesty" is not forthcoming, and it falsely claims Lynch thinks there is a constitutional right for undocumented immigrants to work.
On January 28, Lynch appeared before the Senate Judiciary Committee, where questions from Republican members focused primarily on whether Lynch believes that President Obama's immigration action was legal. Legal experts agree that the action -- which temporarily defers deportations for some undocumented immigrants who meet a series of qualifications and pass a criminal background check -- is a lawful exercise of the president's authority to use prosecutorial discretion to prioritize some deportations over others.
Nevertheless, right-wing media are playing up questions from Republican senators who believe that the immigration order is unconstitutional and attacking Lynch for her responses, even if they don't understand what she said. National Review took it further in a January 29 editorial, claiming that confirming Lynch would be "an abnegation of [Senate Republicans'] November mandate and, even more important, their constitutional duty."
The editorial also claimed that Lynch had "evaded questions" from Sen. David Vitter (R-LA) about whether Obama's "amnesty order" will allow law-enforcement agencies to make decisions case by case. The editorial went on to take Lynch's comments about whether undocumented immigrants have the right to work out of context and ignored her subsequent clarification, calling her remarks "constitutionally insupportable":
In Senate confirmation hearings held this week, Ms. Lynch has evaded questions from Louisiana senator David Vitter about whether the amnesty order will actually be carried out on a "case-by-case basis," as even the administration's own lawyers say is required by law, and from Utah senator Mike Lee and Texas senator Ted Cruz about whether a future president could, under President Obama's rationale of "prosecutorial discretion," decline to enforce tax or labor or environmental laws. But among the things she has stated unequivocally is her belief that the president's executive order is "legal and constitutional." She even went further, telling Alabama senator Jeff Sessions that "the right and the obligation to work is one that's shared by everyone in this country regardless of how they came here." Such an assertion is both ahistorical and constitutionally insupportable. But it is the president's own alarming view, and simply confirms that Ms. Lynch, like Eric Holder, would lend the Justice Department's endorsement to the president's lawlessness.
As even Fox News host Megyn Kelly has admitted, the executive action is not amnesty -- it is an exercise of prosecutorial discretion, common in all forms of law enforcement and not just in the context of immigration. According to Kelly, the word "amnesty" is "a hot-button term that the right uses to sort of get people upset."
From the January 29 edition of Fox News' Hannity:
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Conservative media outlets hyped a misleading Breitbart report on an "Islamic Tribunal using Sharia law" in Texas to fear monger that the tribunals could supersede federal law. But the tribunals are completely voluntary and do not override federal law.
From the January 29 hearing of the Senate Judiciary Committee:
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From the January 28 edition of MSNBC's The Rachel Maddow Show:
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The Washington Post blog The Fix is claiming that an upcoming Supreme Court decision that could eliminate health care subsidies for millions of Americans under the Affordable Care Act (ACA) "might not matter" because Republicans might restore the subsidies, a proposition that seems not to consider the fact that the GOP has long ignored these tax credits' popularity in their quest to bring the law down, subsidies and all.
In March, the Supreme Court will hear arguments in King v. Burwell, a right-wing challenge to the ACA. The challengers argue that, based on their strained reading of the subsidies provision of the law, which was designed to make health insurance affordable, the IRS does not have the authority to provide tax credits to Americans who purchased their insurance through the federal health care exchange website. Instead, they argue, only consumers who bought insurance through state-based exchanges are eligible for the subsidies -- a problem since Republican-controlled states refused to set up their own sites.
In a January 28 post, The Fix argued that it "might not matter" if the Supreme Court strikes down the subsidies, because a new poll from the Kaiser Family Foundation suggests that the majority of Americans would want the Republican-controlled Congress to restore the subsidies.
But it actually matters a lot -- leading Republicans have repeatedly and publicly sided with the right-wing challengers of the subsidies as a way to bring down the ACA. In September, a group of congressional Republicans filed a brief with the Supreme Court asking the justices to hear the case and to rule that the IRS doesn't have the authority to provide subsidies to Americans who bought insurance through the federal exchange. Republican members of Congress know full well that if they are successful, the ACA will collapse -- that's their self-admitted goal.
Earlier this month, Sen. John Cornyn (R-TX), who was one of legislators who filed the brief, told Roll Call that he expected the court to "render a body blow to Obamacare from which I don't think it will ever recover." In December, Sen. John Barrasso (R-WY) similarly argued that blocking the subsidies was "enough to bring down the health care law. ... We're going to continue to try one, repeal; two, strip out the worst parts of the law; and three, look to the courts." Senate Majority Leader Mitch McConnell similarly made it clear that Republicans are not interested in restoring anything about the ACA if the court "take[s] it down," but rather are looking for a "mulligan here, a major do-over of the whole thing." Even The Fix's post acknowledged that "just because restoring subsidies might be popular doesn't mean congressional Republicans would do it. The GOP base would certainly cry foul if they moved to do so."
Breitbart.com is incorrectly claiming that Loretta Lynch "undercut the legal argument" supporting President Obama's executive action on immigration, when in reality she did no such thing.
On January 28, Lynch appeared before the Senate Judiciary Committee for her confirmation hearing to become the next attorney general of the United States. Lynch is widely considered by people on both sides of the aisle to be a well-qualified pick for the post, but she still faced tough questions from Senate Republicans who, as The New York Times put it, wanted "assurances she would break from some of the practices" of current Attorney General Eric Holder.
One line of questioning in particular centered around Lynch's thoughts on the legality of Obama's recent executive action on immigration that will defer deportation proceedings for some undocumented immigrants. Legal experts agree that the president's action, which will provide temporary administrative relief for certain undocumented parents of U.S. citizens or lawful permanent residents who pass a background check, is "clearly within his discretionary power." Immigrants whose deportations are deferred under this form of prosecutorial discretion are then eligible to apply for work authorization permits and driver's licenses (depending on the state) -- a benefit that was not introduced by Obama, but rather is permitted under the Immigration Reform and Control Act of 1986 and the Real ID Act of 2005, respectively.
Breitbart.com, a site that once spectacularly confused nominee Lynch with a completely different Loretta Lynch in its rush to smear her qualifications, made yet another error in reporting on the confirmation hearing. A January 28 post on Breitbart claimed that Lynch "[p]erhaps by accident" had "undercut the legal justification the president has given for his executive amnesty for millions of illegal aliens during her confirmation hearing." Aside from incorrectly defining the president's immigration actions as "amnesty" -- a mistake that other conservative media figures like Fox News' Megyn Kelly have avoided -- Breitbart homed in on an exchange between Lynch and Sen. Mike Lee (R-UT), who asked about limitations on using prosecutorial discretion to prioritize deportations. Breitbart quoted Lynch's response:
I think that if a prosecutor were to come to the view that they had to prioritize one crime over another, you would always still want to retain the ability -- even if it was an area that was not an immediate priority -- if for example it became one. Because if a particular neighborhood was being victimized, or again to use your issue of speeding, there were deaths resulting from that. You would want to have the ability to, if you could, take resources and focus on that issue. It might not be the first priority but you would want to have the ability to go back and deal with that issue.
Breitbart went on to argue that, in her response, "Lynch effectively admits that what Obama has done with executive amnesty -- providing legal documentation and work permits for millions of illegal aliens, thereby legalizing their status in the United States -- far exceeds any reasonable definition of prosecutorial discretion. She also said that prosecutors should keep the door open to prosecuting an illegal action that isn't currently a priority if it becomes one eventually. So even if illegal immigration isn't a priority right now for whatever reason, prosecutors need to be able to go after that crime later."
What she said does not "undercut" the policy at all. By definition, the executive actions (which are reversible themselves) that grant temporary administrative relief by deferred action "keep the door open" and allow law enforcement "to go after that crime later," as Lynch stated. The hint is in the name of the actions, which Breitbart did not cite: the "case-by-case" Deferred Action for Parental Accountability (DAPA) and the expanded Deferred Action for Childhood Arrivals (DACA) programs.
Given the fact that it would be impossible for law enforcement to deport every person currently living in the United States without the appropriate documentation, it is essential to prioritize some removals over others. Lynch's comments do not undermine the administration's position, which she said was "reasonable" -- they simply explain how prosecutorial discretion, such as DAPA and DACA, works in practice.
UPDATE: Daily Caller editor-in-chief Tucker Carlson expanded on Nugent's role during a January 28 appearance on WMAL's Mornings on the Mall. Carlson said Nugent will likely write a weekly column, adding: "I think he'll participate a lot. I really -- I like him. I mean, he's, you know, he's like a rock star with political views. So, you know, he doesn't hold back. And he says intemperate, sometimes borderline, demented things, but I think he's interesting, and I think he's a good guy, and I think he has actually some really informed, interesting opinions on the 2nd Amendment, and hunting, so I love the fact that he's working for us."
National Rifle Association board member Ted Nugent says he has joined the opinion page of conservative website The Daily Caller. Nugent wrote in a January 27 Facebook post, "Proud to join Tucker Carlson & his DAILY CALLER team of truth, logic, commonsense, reality writers at this fine website," and linked to a column he wrote for that website that responded to recent criticism of the NRA.
It is unclear whether Nugent's piece was a one-time column or whether, as his Facebook comment suggests, he is now a paid regular contributor or staff columnist. Asked to clarify Nugent's role, Daily Caller executive editor Vince Coglianese responded sarcastically to Media Matters reporter Joe Strupp, saying only: "It was a common sense decision for us. We've long been associated with the political right, and we felt it was time to broaden our appeal with the sensible middle. We're paying him in venison." He did not respond to follow-up questions. A Daily Caller spokesperson did not respond to a request for comment.
Daily Caller senior contributor Matt K. Lewis previously warned conservatives from associating with Nugent and other inflammatory conservative figures after Nugent was widely criticized for calling President Obama a "subhuman mongrel."
In a February 21, 2014, column -- headlined "The enemy of my enemy is my friend: Why conservatives are always defending the indefensible" -- Lewis wrote, "Like the girl who always falls for the guy who's bad for her, conservatives keep trusting the wrong people and making the same mistakes" before naming Nugent as an example.
The witness list for the Senate Judiciary Committee's hearing on Loretta Lynch, the highly regarded nominee for attorney general, indicates the process will be a forum for right-wing media favorites and myths but will have little to do with her qualifications.
Lynch, the U.S. attorney for the Eastern District of New York, has long been praised across the political spectrum as a model federal prosecutor. Lynch has been confirmed twice as a U.S. attorney -- including by some of the same Republican senators now in control of the Judiciary Committee -- and news of her nomination in November brought a new round of support, including from conservative law enforcement sources.
Current New York Police Department Commissioner William Bratton called Lynch "a remarkable prosecutor with a clear sense of justice without fear or favor." Former FBI director Louis Freeh wrote in a letter to Judiciary Committee leadership that he couldn't think of "a more qualified nominee" and was "happy to give Ms. Lynch my highest personal and professional recommendation." Freeh also wrote that he had spoken with "several of my former judicial colleagues who echo this support, and note that Ms. Lynch has gained a terrific reputation for effectively, fairly and independently enforcing the law." Former New York City Mayor Rudy Giuliani, who worked with Lynch on an infamous police brutality case, has said "if I were in the Senate, I would confirm her."
Fringe right-wing media outlets and figures initially ignored this broad support and attacked Lynch anyway. The effort was spectacularly unsuccessful, as they mixed up the nominee with an entirely different Loretta Lynch and then claimed that her membership in Delta Sigma Theta, one of the country's leading African-American sororities, was "controversial."
Leading Fox News figures were better informed about the New York nominee, most notably News Corp. chairman Rupert Murdoch, who immediately noted Lynch had a "reputation for fairness and strict legality." In an O'Reilly Factor segment with Megyn Kelly on November 10, Bill O'Reilly said he was "heartened" she would be the new attorney general. In response, Kelly praised Lynch:
KELLY: I have to say that I think this is the person who should be the most acceptable to the right wing or the Republicans in this country of anybody who President Obama was considering. She is a straight shooter. First of all, she would be the first black female attorney general, right? I mean, that in and of itself is a pretty amazing accomplishment. Went to Harvard undergrad, went to Harvard Law School. She has no close ties to the White House. She is not some firm ideologue or partisan. She has prosecuted Democrats and Republicans. She's been a hero on gang crime, on terrorism.
Republican senators have been similarly honest about Lynch's record, admitting that she "seems to be a solid choice" and will instead use her hearing as a forum for grievances they have with the administration and outgoing Attorney General Eric Holder. The new chairman of the committee, Sen. Chuck Grassley (R-IA), told Politico: "All I can tell you is that immigration is going to be a big part of it. ... Not because of her views on immigration, but of the president's action on immigration and the extent of what she feels he's acted in a legal way."
Unfortunately, a review of the newly released witness list reveals that the Republican choices for this "proxy war of sorts" rely heavily on right-wing media favorites who frequently spread debunked smears and myths: