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.
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:
Right-wing media maligned Obama's economic policy initiatives announced during his State Of The Union address as both divisive class warfare and Santa Claus-style giveaways.
Fox News and other conservative media outlets are attacking gun safety group Coalition to Stop Gun Violence (CSGV) by falsely claiming that the group insulted slain Navy SEAL sniper Chris Kyle. But CSGV did nothing of the sort. The attacks rely on blaming CSGV for statements made by commenters to its public Facebook page.
Kyle was a decorated veteran of the Iraq War who was well known for having 160 confirmed kills. In January 2013, Kyle published a book about his experiences, but was murdered just days later at a shooting range by a veteran allegedly suffering from PTSD. Kyle's life story has been turned into a movie, American Sniper.
During the January 13 edition of Fox & Friends, host Heather Nauert falsely claimed, "This morning the anti-gun group Coalition to Stop Gun Violence is blasting Kyle, inviting its Facebook users to trash the American hero." On-screen text included "Dishonoring A Hero" and "Anti-Gun Group Trashes Chris Kyle."
The January 13 edition of Fox & Friends First similarly claimed CSGV was "trashing Chris Kyle" and "taking swipes at the U.S. military's most lethal sniper," and later displayed a graphic asking, "Should This Group Be Trashing One Of Our Military Heroes Who Defended Our Freedom?"
The smear likely originated from a January 12 article at the conservative Washington Examiner that claims CSGV "is targeting Clint Eastwood's potential Oscar nominee 'American Sniper." As evidence, the Examiner links to an October 2, 2014, post by CSGV on its Facebook page that calls the upcoming movie an "Interesting project," while linking to a USAToday.com article about the film:
Right-wing media rushed to exploit the deadly attack on the French satirical newspaper Charlie Hebdo in Paris. But this is just the latest in right-wing media's long history of politicizing tragedy to push political objectives.
Right-wing media quickly offered Rep. Louie Gohmert (R-TX) and Rep. Ted Yoho (R-FL) glowing praise and endorsements after they announced plans to challenge Speaker John Boehner (R-OH) for the Speaker of the House position.
Right-wing media websites continued to undermine their credibility in 2014 by peddling a number of false, ridiculous, and bigoted smears. Here are the top smears from conservative websites The Daily Caller, Breitbart.com, and The Washington Free Beacon.
This year saw clean energy technologies become cost-competitive with fossil fuels and gain prominence worldwide. The fossil fuel industry, desperate to stymie clean energy's continuing expansion, enlisted conservative media to do their bidding and attack clean technologies in every shape and form. From stoking fears about public transit being a form of "government control," to providing one-sided stories falsely predicting clean energy's downfall, here are the media's six most absurd attacks on clean energy this year.
1. 60 Minutes Produces "Poor Piece Of Journalism" To Attack Clean Energy
In January, CBS' 60 Minutes aired a report titled, "The Cleantech Crash," which attempted to label clean energy a "dirty word." The report was widely criticized by reporters, government officials, and clean energy advocates alike for offering a one-sided look at renewable energy and narrowly focusing on a few failures while ignoring the majority of clean energy's success. Two of the guests interviewed in the report later criticized it for selectively airing their comments to provide an overly negative portrait of the industy and for "fail[ing] to do the most elementary fact checking and source qualification."
Further, the report made no mention of climate change, which as energy reporter Dana Hull pointed out is "the whole point of cleantech, after all: using the promise of technology and innovation to try to wean our economy off of fossil fuels."
Right-wing media outlets manufactured phony outrage over President Obama's recent remark on ESPN Radio that he usually watches SportsCenter while working out in the morning. In 2007, President Bush similarly admitted to watching ESPN while working.
Right-wing media outlets hyped widely discredited research from the Heritage Foundation to push the myth that President Obama's executive actions on immigration will cost the U.S. economy more than $2 trillion in federal benefits paid to those undocumented immigrants whose deportations are deferred. But Obama's exercise of prosecutorial discretion on behalf of certain undocumented parents of U.S. Citizens and lawful permanent residents does not confer federal means-tested benefits and economists report that allowing more immigrants to legally work will raise revenues and boost the economy.
Conservative media outlets are attacking President Obama's immigration action with myths that the newly protected workers will hurt the economy and the tax system. In reality, immigration increases wages and doesn't hurt employment, and the executive action is likely to boost tax revenue.
Right-wing media's outrage over President Obama's upcoming speech outlining plans to improve enforcement of the immigration system included accusations that Obama is engaging in "home-grown tyranny," calls for his impeachment, and even a Hitler comparison.
From the November 10 edition of MSNBC's The Rachel Maddow Show:
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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:
Right-wing media are disingenuously claiming Democratic incumbent Sen. Jeanne Shaheen's (NH) widely-publicized support of basic campaign finance rules is "bombshell" evidence that she urged the "targeting" of conservatives.
Just hours before election day, the Daily Caller released a report alleging that Shaheen was "principally involved in a plot with Lois Lerner and President Barack Obama's political appointee at the IRS to lead a program of harassment against conservative nonprofit groups during the 2012 election." As evidence, it pointed to the fact that Shaheen had corresponded with the IRS lawyer William J. Wilkins about decades-old campaign finance regulations.
The Daily Caller added that a "major conservative super PAC" included Shaheen's name in a Freedom of Information Act request pertaining to the IRS. "If YOUR NAME is the search term that the conservative super PAC uses in its bid to get public information," writes Patrick Howley, "then you just might be involved in something."
Other right-wing media sources rapidly seized on the opportunity to attack Shaheen. Fox News, which has relentlessly promoted the campaign of her challenger, former Fox News employee Scott Brown, trumpeted the claim as "a death sentence" for Shaheen's Senate hopes.
But the Daily Caller's piece does not demonstrate a scandal of any kind and appears only to be repackaging already-reported information about a benign exchange of letters between several Democratic senators and IRS attorneys.
It's no secret that Senate Democrats asked the IRS to clearly define how much money 501(c)4 nonprofits, which gain tax exemption as "social welfare" organizations, are allowed to spend on election-related activities. In 2012, Democratic Senators, including Shaheen, released a letter publicly requesting that the IRS offer more specific "administrative guidance" on campaign finance restrictions for nonprofit groups. The request received media attention at the time, and IRS lawyer William J. Wilkins responded to Shaheen and others with a letter describing existing campaign finance rules:
"These regulations have been in place since 1959," Wilkins wrote. "We will consider proposed changes in this area as we work with Tax-Exempt and Government Entities and the Treasury Department's Office of Tax Policy to identify tax issues that should be addressed" in designing new regulations and "guidance."
"I hope this information is helpful," Wilkins wrote. "I am sending a similar response to your colleagues. If you have questions, please contact me or have your staff contact Cathy Barre at (202) 622-3720."
Right-wing media have repeatedly used unfounded conspiracy theories to prop up the IRS "scandal" after the allegations that the IRS solely investigated conservative groups' campaign spending began to crumble. Meanwhile, the political influence of money spent by outside groups has soared to record levels in the 2014 election cycle.