Fox News continued its attacks on Debo Adegbile, President Obama's pick to head the Civil Rights Division of the Department of Justice, and seemingly conflated the advocacy efforts of a different civil rights attorney with Adegbile's legal work as proof of his supposedly "radical" past.
On March 5, all Senate Republicans and a handful of Democrats voted to block Adegbile's nomination following a smear campaign against Adegbile's sterling legal record by leveling racially-charged attacks and linking him to the crimes of his former client, Mumia Abu-Jamal. As a top official at the NAACP's Legal Defense Fund (LDF), Adegbile and a team of lawyers were successful in overturning Abu-Jamal's death sentence due to constitutional error. Because of the unconstitutional sentencing, Abu-Jamal's punishment was ultimately commuted to a life sentence after prosecutors elected not to pursue the death penalty for a second time.
After the failed Senate confirmation vote, Fox News continued its debunked attack that Adegbile was a "cop killer's coddler" for representing Abu-Jamal. The network then introduced a new argument that Adegbile's criminal defense work was politicized and that he "crusaded" for Abu-Jamal, "revealing a bitter bias." Referencing "critics," and Fox contributor Jonah Goldberg, Bret Baier claimed that Adegbile "went beyond the legal work and it was more about political rallies and leading rallies for Mumia and kind of became more political in his support for this character." Fox News contributor J. Christian Adams went even further:
[Adegbile] was not nominated in spite of his defense of Mumia Abu-Jamal, he was nominated because of it. Because these folks think that Mumia was innocent. It is not just a question of giving somebody their day in court. Adegbile took on the wider cause, claiming America was unjust towards people of color. It was because of this rancid racial attitude that President Obama appointed him in the first place and that is why he is mad.
Former Republican Senator Scott Brown's latest appearance as a Fox News contributor exemplified the ethically murky middle ground between being a potential political candidate and a news commentator.
Since his initial hiring by Fox News in 2013, there has been widespread speculation that Brown would return to politics and mount a run for Democrat Jeanne Shaheen's Senate seat in New Hampshire. Both Brown and Fox have mutually benefited from the publicity surrounding his potential run, and have discussed his possible candidacy during his appearances on the network (including his first appearance on-air after renewing his contract last month).
If Brown wants to keep his contributor status, he needs to walk the tightrope of repeatedly toying with the idea of running while not actually taking formal steps to declare his candidacy (in the past, Fox has severed the contracts of contributors once they have filed the requisite paperwork).
Earlier this week, Fox News host Greta Van Susteren tweeted that she was told it is "certain" that Brown is going to run, prompting Brown to deny the report, telling Politico, "I will make my decisions in due course."
As Brown continues to delay his decision, Fox News is happy to help bolster their employee's potential candidacy. Brown sounded like a candidate today during an appearance on Your World with Neil Cavuto, where he attacked Shaheen and Senate Democrats. He also attempted to prove his New Hampshire bona fides in the wake of carpetbagger criticism.
Cavuto wondered whether Obamacare would be Brown's "issue" if he chose to run, prompting Brown to reply that "it's no secret" he's thinking of getting into the race before launching into speech about "dysfunctional" Washington and how we "need to fix it."
Cavuto raised the attacks on Brown as a possible "carpetbagger" were he to run in New Hampshire, since he was previously senator in Massachusetts. Brown called the attacks "laughable," adding "people know that I have long and strong ties to New Hampshire, you know, going back generations" and explaining he has been a resident for "a couple of months."
Brown then turned to the "real issue," which was attacking his possible opponent Jeanne Shaheen for joining Democrats in having "rammed" health care reform through Congress.
Pressed by Cavuto for when he planned to make his decision -- and whether he would make any announcement on Cavuto's show -- Brown was coy as usual, explaining that "I'll make an announcement sooner rather than later."
In the meantime, Fox is willing to hand him a paycheck while he practices potential stump speeches.
Conservative media were unfazed by Rep. Paul Ryan's suggestion that low-income parents don't care for their children if they receive free school lunches, a response that stays true to their history of shaming low-income people.
Rep. Paul Ryan (R-WI), chairman of the House Budget Committee, helped kick off the Conservative Political Action Conference (CPAC) on March 6 with a speech on the direction of the Republican Party as the 2014 and 2016 elections approach. Ryan shared an anecdote about a child receiving free lunch from school to paint Democrats as out of touch (emphasis added):
RYAN: The Left is making a big mistake here. What they're offering people is a full stomach and an empty soul. The American people want more than that. You know, this reminds me of a story I heard from Eloise Anderson. She serves in the cabinet of my buddy Gov. Scott Walker. She once met a young boy from a very poor family. And every day at school, he would get a free lunch from a government program. He told Eloise he didn't want a free lunch. He wanted his own lunch. One in a brown paper bag, just like the other kids. He wanted one, he said, because he knew a kid with a brown paper bag had someone who cared for him. This is what the Left does not understand.
Right-wing media saw nothing objectionable in Ryan's comments. National Review Online praised his argument with the headline, "Paul Ryan's Moving Story That Explains the Difference Between Hard Work and Dependency," a take which echoes Fox News' narrative that free school lunches for children create dependency rather than encouraging hard work.
On Fox's Happening Now, correspondent Carl Cameron, reporting from CPAC, characterized Ryan's speech as taking a "middle-of-the-road tone."
Ryan's comments fit in well with conservative media's history of shaming the poor, and in particular, free school lunch programs for children of low-income families. In the past, Fox has even suggested children be forced to work for their meals.
Where else might Ryan have heard this before?
Fox News correspondent Catherine Herridge was a no-show at a Benghazi discussion panel Thursday co-hosted by Breitbart News, despite having been listed as a participant.
Moderated by newly-minted Breitbart News columnist and Center for Security Policy founder Frank Gaffney, the panel was held just blocks from the Conservative Political Action Conference (CPAC) outside Washington. The discussion was part of "The Uninvited," a national security forum co-hosted by Breitbart News featuring many speakers that "were not invited to CPAC."
Titled, "Benghazigate: The Ugly Truth and the Cover-Up," the panel included Retired Lt. General William G. "Jerry" Boykin, Chris Farrell of Judicial Watch, and Charles Woods, father of Tyrone Woods, a security officer who was killed during the Benghazi attacks.
Herridge did not respond to a request for comment on why she declined to join the panel, or why she had agreed to participate in the first place given the title of the discussion and the planned co-panelists. Boykin, for example, has a long history of making inflammatory comments about Islam; in 2003 President George W. Bush criticized him for saying Islamic extremists worship "an idol" and hate the U.S. "because we're a Christian nation."
Even with Herridge absent, she did receive support from the panel and Gaffney, who said her work on Benghazi made her a "truth-teller par excellence." He said she had informed the panel she could not make it due to unspecified work demands.
Gaffney and the other panelists offered few specifics on what Benghazi elements had been covered up. A bipartisan Senate Intelligence Committee review released in January concluded there was no "cover-up" surrounding the attacks.
"This Benghazi thing is not just about four dead Americans, it's not just about a cover up, it's not just about the things that are circulating in the media, it is about our national security," Boykin claimed, calling on Boehner to hold a bipartisan investigation. "A major ethos in America has been violated."
Boykin and the others claimed that more support should have been given to U.S. forces in Benghazi, but again offered no details on how or why they were not.
"What I really care about is why there was no effort to go to these people and be there when they needed us," Boykin claimed. "That is egregious, that is unacceptable, that is not the America I served for and fought for."
Farrell of Judicial Watch went one step further, accusing Boehner of having "guilty knowledge" of the Benghazi attacks, but (of course) offering no specifics or proof.
"We can't let this one slide away as just another scandal," Farrell said. "We will not let it go. We will pursue this until we find answers."
Fox dishonestly framed the current National Labor Relations Board (NLRB) case examining outside influence in the Chattanooga Volkswagen union vote as an attack on Sen. Bob Corker's free speech, ignoring that the board has no authority to constrain political speech.
On February 14, workers at the Chattanooga, Tennessee Volkswagen plant voted down a proposal to join the United Auto Workers (UAW) union by a vote of 712 - 626. The vote came after an extended media campaign which culminated on February 13, the day before the scheduled vote, when Corker falsely alleged that if the workers voted against the union, the plant would be rewarded with a new product to manufacture. His claim was immediately rejected by Volkswagen.
The UAW appealed for a re-vote, contending that the "coordinated and widely publicized coercive campaign" by Corker and others infringed on the workers' right to "employee free choice."
But on the March 6 edition of Fox News' Fox & Friends, co-host Elisabeth Hasselbeck framed the fallout of Corker's threats and the impending investigation as "what happens when one of America's most powerful unions doesn't get its way," and as an effort by the UAW to get "a whole new set of rules" if the votes are recast. Hasselbeck then turned to guest Sen. Bob Corker to explain the pending NLRB decision, asking whether the UAW's objection to his threat was really an attempt to stifle free speech:
HASSELBECK: This is a freedom of speech issue, is it not? I mean, The president was out there speaking on behalf of the unions. You were certainly speaking on behalf of your constituents. You worked long and hard to get Volkswagen there from the beginning. Actually had initial meetings in your home. [...] They're telling you you can't speak, but yet the president can? Is this a double standard when it comes to freedom of speech?
CORKER: Yes. And I think, you know, we'll have to see. The UAW has been given until Friday to add additional arguments to their case. You're right, the president weighed in during the election process also. Again, this has happened time and time in the past and never, never before has the NLRB ever overruled because politicians have been involved in this way. So look, I -- you're right. I built the industrial part that Volkswagen is located on when I was mayor with others, recruited them to our state, had been involved with them for five years. Know the management up and down the line, have been, you know, have relationships there. And for me to express concerns about what it would mean to our community and our state over time is something that I think people elect me to do. So again, this is an interesting case. Hopefully even though this is Obama's NLRB, these are his appointees, hopefully they will do the right thing here and not try to muzzle people that are elected by people in their state.
Fox's attempt to frame the NLRB decision as an issue of free speech is dishonest. Offering workers a second chance to consider unionization isn't the same thing as "muzzling" Corker, and giving workers some distance from his comments isn't, as Hasselbeck claimed, a UAW ploy to implement "a whole new set of rules." As former NLRB general counsel Fred Feinstein explained, "the NLRB has no authority over Sen. Corker and cannot control what he says." At most, he said, the Board could conclude that Corker's comments had unfairly tainted the election and could "conceivably order a new one."
The NLRB is responsible for protecting workers legal right to "engage in protected concerted activities-group action to improve wages, benefits, and working conditions and to engage in union activities and support a union," and works to ensure that workers are free of coercion while maintaining their right to "free choice" during union elections. The NLRB typically focuses on whether unions or companies have been involved in illegal coercion of workers during a union vote, but third-party coercion is still a concern. The Huffington Post explained that the NLRB could make the case "that Corker's highly detailed statement created an atmosphere of coercion."
The UAW is only asking for a re-vote, which, if granted, would only allow the unionization of the plant with a majority vote. That's a far cry from Fox's claim that the UAW is planning to "take over" the Volkswagen plant and block officials' free speech in the process.
Conservative Newsmax Media is reportedly set to launch its own 24-hour cable news channel in June. According to a Bloomberg Businessweek profile of Newsmax CEO Christopher Ruddy, "NewsmaxTV" will position itself as a "kinder, gentler" version of Fox News.
Ruddy tells Bloomberg that the channel's goal "is to be a little more boomer-oriented, more information-based rather than being vituperative and polarizing." That Ruddy sees an opening for a conservative outlet that is less aggressively partisan than Fox is a good indication of how far to the right that channel has veered during the Obama administration. It's also somewhat surprising, given Ruddy's personal history.
MSNBC host Chris Hayes blasted the myth that expanding unconventional energy sources in the U.S. will weaken Russia, an "absurd" claim that has been perpetuated by conservative media to pin the security crisis in Ukraine on President Barack Obama.
Conservative media are manipulating the Ukraine crisis to push a "drill, baby, drill" agenda, claiming that approving the Keystone XL pipeline and expanding the use of hydraulic fracturing ("fracking") will somehow weaken Russian President Vladimir Putin's influence in Ukraine. They are calling for expanding development of natural gas in the U.S. (including by the environmentally-contentious use of fracking) to ease the concern that Putin may cut off the natural gas supply to Ukraine and subsequently affect natural gas prices in Europe and around the globe.
Liquefying, exporting, and re-gassifying natural gas is more carbon intensive than domestically consuming it, and would likely drive up the price of natural gas in the U.S., so some oppose permitting further LNG export terminals -- at least until fugitive methane emissions are reigned in. Despite concerns, the Obama administration has permitted several LNG export terminals and is expected to permit more. Republicans and the oil and gas industry complain that it's still not fast enough. However, as LNG is very expensive, reports have suggested that even if they were approved, many LNG export terminals probably won't even be used, or at least not for years -- far too late to address the Ukraine crisis. MSNBC's Chris Hayes and his guest Dan Dicker, CEO of wealth management group MercBloc, explained on the March 5 edition of All In with Chris Hayes:
DICKER: The Russians do have a major control, major influence, on most of eastern Europe through natural gas. But we have to distinguish between natural gas -- which is a gas -- and crude oil which is a liquid. If you want to move a liquid from one place to another, you put in the a dixie cup and you can move it any way you like. Natural gas has two ways of being transported, one is through pipelines. Now, the United States can do nothing in terms of creating a pipeline to all of these eastern European nations.
The only other way you can get it across, and what they're talking about is permitting, is through what we call LNG, which is liquid natural gas. It needs to be cooled, natural gas, to be transported as LNG needs to be cooled to a minus 260 degrees Fahrenheit then put in very, very carefully into very select containers that you can now transport overseas. This costs a lot of money. This is why permitting -- you could permit all of the natural gas export plants you want, there are very few energy companies who are going to undertake building these things, they cost $2 billion to convert an import plant into an export plant.
Fox News attempted to distinguish between Chief Justice John Roberts and civil rights litigator Debo Adegbile by arguing that Adegbile is unqualified to pass Senate nomination because his defense of a murderer was politicized, due to his alleged participation in rallies supporting his former client. However, Fox is conflating Adegbile with a former colleague of his, who GOP senators suggested had politicized the trial of his former client, Mumia Abu-Jamal.
On March 5, the Senate procedural vote that would have allowed a confirmation vote on Adegbile's nomination to head the Civil Rights Division of the Department of Justice (DOJ) failed, despite the fact that Adegbile is a mainstream nominee who is regarded as one of the preeminent civil rights experts of his generation by a wide spectrum of authorities, including law enforcement executives and the American Bar Association. The Senate's failure to confirm Adegbile reflects right-wing media attempts to distort his record with lies about his background and racially charged attacks, which have included labeling Adegbile a "cop killer's coddler" and a "cop-killer advocate." These attacks reference Adegbile's defense of Mumia Abu-Jamal, whose death sentence was successfully contested by the NAACP Legal Defense Fund (LDF), which Adegbile headed at the time.
In light of the blocked confirmation, many have pointed out that defending a reprehensible murderer has not been a disqualifier for other high-profile government nominees, such as current Supreme Court Chief Justice John Roberts, who also once represented a death-row inmate convicted of killing eight people in Florida.
On the March 5 edition of Fox News' Special Report, host Bret Baier attempted to distinguish Justice Roberts from Adegbile by arguing that Adegbile, unlike Roberts, "became more political in his support" of his client. Fox contributor Charles Krauthammer concluded that blocking Adegbile's confirmation was "the right thing," because although Adegbile "didn't choose the case," "the one thing that sways it here is that he participated in rallies":
From the March 5 edition of Fox News' The Kelly File:
From the March 5 edition of Fox News' On The Record with Greta Van Susteren:
Rep. Darrell Issa (R-CA) publicly admitted that his dogged investigation into the IRS may be at a "dead end" given a former IRS official's refusal to testify, but you won't hear that on Fox News.
The Republican chairman of the House Oversight Committee called on former IRS official Lois Lerner to testify on March 5 in yet another hearing on the IRS' inappropriate targeting of organizations seeking tax exempt status. For the second time, Lerner testified that she would invoke her Fifth Amendment rights and not answer the committee's questions.
Speaking to reporters after the hearing, Issa articulated that his investigation into the IRS could "dead end" given Lerner's refusal to testify. As Talking Points Memo reported:
Issa was asked how bad of a setback Wednesday's hearing was for the investigation.
"As you can see from our questioning today, we have continued to gather facts around Ms. Lerner's absence of testimony," Issa replied. "It would have allowed us to bring this investigation to a -- probably pretty quick close if she had been willing to answers those questions. Without it we will undoubtably [sic] have a few more questions to try to find out things that she could have answered quickly today."
A reporter than asked Issa if he was still "confident" the investigation would "get to the bottom of this."
"It may well be we have gotten to the bottom of it," Issa said. "At this point, roads lead to Ms. Lerner. The witness who to took the Fifth. That becomes -- she becomes one of the key characters at this point. Had she been willing to explain those emails which were provided through separate subpoenas, then we could have perhaps brought this to a close. Without that, it may dead end with Ms. Lerner."
Fox News was quick to hype Issa's hearing, but not nearly so quick to acknowledge the congressman's admission that his IRS investigation might be over.
Summarizing the House hearing that evening on Special Report, Fox correspondent Mike Emanuel concluded, "At this point, Issa seems prepared to move forward with the IRS investigation without hearing from Lerner":
From the March 5 edition of Fox News' The Five:
Fox News treated itself to a victory lap after several Senate Democrats joined with the Republican conference and blocked the nomination of civil rights litigator Debo Adegbile, President Obama's highly-qualified pick to head the Civil Rights Division of the Department of Justice (DOJ).
On March 5, the Senate procedural vote that would have allowed a confirmation vote on Adegbile's nomination failed, after right-wing media spent months lying about his background with racially charged attacks, even publishing an offensive caricature of Adegbile that was condemned by the nation's leading civil rights groups for invoking "the racist iconography of late 19th century America designed to dehumanize and stereotype African Americans." Outlets like Fox News continued to distort Adegbile's record in the run-up to the vote despite these denouncements, and despite the fact that Adegbile is a mainstream nominee who is regarded as one of the preeminent civil rights experts of his generation by a wide spectrum of authorities, including law enforcement executives and the American Bar Association.
After the vote, Fox host Bret Baier was quick to suggest that Senate Democrats who voted in favor of Adegbile could pay a penalty in the upcoming midterm elections. Baier went on to spread further misinformation about the nominee, falsely insinuating that he was part of an effort to overturn a murderer's conviction:
Fox News is blasting Attorney General Eric Holder for allegedly telling state attorneys general that they don't have to enforce their states' gay marriage bans. In reality, Holder merely instructed the attorneys general that they don't have to defend such bans in court if they deem the laws unconstitutional.
It's unclear if Fox is misreading or simply willfully distorting what Holder actually said, but either way, the network is wrong.
Addressing the National Association of Attorneys General on February 25, Holder stated that if state attorneys general conclude that their gay marriage bans violate core constitutional principles like equal protection under the law, they're not obligated to defend those bans in court. Holder also explicitly stated that attorneys general shouldn't base such decisions on "policy or political disagreements" and should stick to legal analysis of the bans' constitutionality.
Holder's guidance doesn't mean that marriage equality bans won't be enforced while they're still in effect. However, an attorney general does have the option of refusing to defend laws that he or she believes won't survive judicial scrutiny. In such circumstances, other parties may then intervene to defend a law on the state's behalf. That's precisely what's currently happening in the court battle over Kentucky's same-sex marriage ban.
This isn't Fox News' first baseless attack on Holder when it comes to the defense of anti-gay marriage laws. It was only three years ago that Megyn Kelly asserted Holder had decided not to enforce the federal Defense of Marriage Act (DOMA) after the Obama administration dropped its defense of the law in court. But the administration kept enforcing DOMA as the law of the land until the Supreme Court struck down its core provision last summer.
Three years later, it appears that Fox remains unable - or unwilling - to get its facts right.
Fox News launched a new false attack on the Affordable Care Act's risk corridor provision, suggesting that the program which shuffles money between private insurance companies would cost taxpayers $5.5 billion.
On the March 5 edition of Fox's America's News HQ, co-host Greg Jarrett and Fox Business host David Asman promoted the GOP claim that the ACA's risk corridor provision is a "taxpayer funded bailout" for insurance companies, suggesting that an estimated $5.5 billion in payments over the next year contradicted President Obama's promise that there would be no more bailouts and that the ACA would not add to the deficit. Asman further claimed the administration is "calling it a temporary pool of money. Now maybe if you believe that Obamacare wasn't going to cost a dime, you'll buy that explanation. But most of the time when the government sends money in to that degree, into these companies, it doesn't get the money back":
The distortion that risk corridors are an insurance company bailout is a frequent theme on Fox, but this latest narrative is especially misleading. What the Fox hosts failed to acknowledge is that the estimated $5.5 billion payment doesn't come from taxpayers, but from the insurance companies themselves. The risk corridor provision transfers money from insurance companies with healthier risk pools to companies with less healthy risk pools with higher than anticipated costs.
While the federal government may be required to subsidize some of the payment in extreme circumstances, White House officials expect that the entire risk corridor cost over the next year will be borne by the insurance companies themselves. As Bloomberg reported: