Jay Sekulow

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  • Who Are The Anti-Choice Activists On Evening Cable?

    Meet the Anti-Choice Figures Who Appear Most Often To Spread Misinformation About Abortion

    Blog ››› ››› SHARON KANN

    In 2015 and early 2016, evening cable news programming featured three anti-choice activists a total of 23 times, despite these guests’ consistent efforts to spread misinformation and outright falsehoods about Planned Parenthood, reproductive health care, and abortion access. According to a new Media Matters study, all 23 of these appearances occurred on Fox, which during this same timespan hosted only a single advocate representing a pro-choice organization.

    Media Matters analyzed 14 months of evening cable programming, examining details including the frequency with which people who self-identified as anti-choice were involved in discussions about abortion and reproductive rights.

    From January 1, 2015, to March 6, 2016, the three anti-choice activists who appeared the most on evening cable news programs were Lila Rose and David Daleiden -- both notorious for their discredited attempts to smear Planned Parenthood using deceptively edited videos -- along with Tony Perkins of the Family Research Council, an extremist hate group. Collectively, these three anti-choice activists appeared a total of 23 times on Fox News’ evening programs to talk about abortion-related topics.

    Dishonorable mentions also go to Jay Sekulow of the American Center for Law and Justice, the Rev. Frank Pavone of Priests for Life, and Operation Rescue president Troy Newman, another infamous extremist with ties to anti-choice violence. Each of these speakers appeared at least once to attack Planned Parenthood and spread misinformation about reproductive health.

    The Anti-Choice Speakers Who Appeared The Most Often On Evening Cable Programs To Talk About Abortion

    1. Lila Rose, Live Action

    Lila Rose, the president and founder of the anti-choice group Live Action, was the most frequent anti-choice guest to appear during evening cable programming, with 10 appearances over 14 months. Rose is best known for her connections to right-wing activists and her long, disreputable history of perpetrating hoaxes and concocting false allegations against abortion providers.

    These allegations have been repeatedly debunked and proved to be unfounded.

    According to a 2009 profile in the Los Angeles Times, Rose began her career partnered with right-wing activist James O’Keefe in 2006. O’Keefe had a history of attempting to smear liberal organizations by using doctored undercover video, but the two “came up with the idea to infiltrate clinics” after being “inspired by the work of Mark Crutcher, a Texas anti-abortion activist who in 2002 taped faked calls to hundreds of Planned Parenthood clinics,” the Los Angeles Times reported. Rose has staged (and illicitly filmed) conversations with Planned Parenthood providers and staff while masquerading as a young woman seeking an abortion. She then heavily edited these conversations to allege that Planned Parenthood engaged in a variety of systemic criminal activities.

    Beyond O’Keefe, Rose has been supported by a larger infrastructure of right-wing media and anti-choice organizations. For example, when Rose released her deceptive videos in February 2011, Fox News provided frequent coverage. Rose herself appeared on Fox to promote the videos multiple times in the months that followed. Rose has also greatly benefited from the “generous assistance” of “powerful players” on the right such as anti-LGBT legal giant Alliance Defending Freedom and the Gerard Health Foundation -- an organization known for promoting fringe views on birth control, sex education, and reproductive rights. In 2008, Rose received the anti-choice group Operation Rescue’s Person of the Year award, and she also previously employed David Daleiden as Live Action’s director of research.

    Rose also has a history of making extreme comments about abortion, such as that the procedure should be “done in the public square” so that people could experience outrage and then “hear angels singing as we ponder the glory of conception.” Rose has also attacked abortion providers, once calling Planned Parenthood “the single most evil organization in human history” and alleging that they provide abortions on behalf of Satan.

    2. David Daleiden, Center For Medical Progress

    David Daleiden is the founder and “project lead” at the Center for Medical Progress (CMP), the organization responsible for propagating an extensive smear campaign against Planned Parenthood so fraudulent that CMP earned the title of Media Matters’ 2015 Misinformer of the Year. After CMP released its first deceptively edited video in July 2015, Daleiden appeared seven times on evening cable news programs over the next nine months to promote the false allegations that Planned Parenthood profited from the sale of fetal tissue.

    CMP’s videos have been consistently discredited while over 13 state investigations have cleared Planned Parenthood of any wrongdoing. On January 25, a Houston grand jury, which was called upon to investigate allegations made by CMP, decided not to take action against Planned Parenthood and instead indicted Daleiden and one of his associates for using fraudulent means to gain access to Planned Parenthood clinics in the state. Likewise, a federal judge determined that CMP’s work constituted “misleadingly edited videos and unfounded assertions … of criminal misconduct.”

    Daleiden is not only well-connected to other anti-choice extremist groups; he also enjoys support from conservative media. Daleiden has used this media prominence as an opportunity to attack abortion providers. For example, in an interview on Glenn Beck’s radio program, Daleiden described one provider as “evil” and having “the predator look … that you see in someone who is accustomed to killing people.” Even when right-wing media have not given Daleiden himself a platform, they have frequently carried water for his misleading allegations.

    CMP’s work has also prompted a variety of baseless congressional investigations and multiple efforts by anti-choice legislators to defund Planned Parenthood at the state and federal level. Most recently, the congressional Select Investigative Panel on Infant Lives -- established by Republicans in October 2015 to investigate fetal tissue donation practices -- has extensively relied on “evidence” pulled directly from CMP’s website and deceptively edited videos to allege wrongdoing by Planned Parenthood.

    According to the National Abortion Federation (NAF), harassment, violence, and threats against abortion providers and clinics have all been increasing. NAF’s 2015 statistics confirm that “the sharp rise in threats and violence in 2015 ... directly correlates to the release of inflammatory videos aimed at demonizing providers.”

    3. Tony Perkins, Family Research Council

    With six appearances over the span of 14 months, Tony Perkins -- an extremist hate group leader -- was the third-most hosted anti-choice advocate. Perkins is president of the Family Research Council (FRC), an anti-LGBT group that was listed as a “hate group” in 2010 by the Southern Poverty Law Center for its role in propagating known falsehoods about LGBT people.

    In addition to Perkins’ anti-choice views, he also has a history of making inflammatory comments about the LGBT community. For example, Perkins has equated being gay with using drugs and committing adultery, accused gay people of attempting to “recruit” children, and compared gay advocates to terrorists. As president of FRC, he has repeated the extensively debunked myth that pedophilia is “a homosexual problem,” argued in favor of the dangerous and discredited practice of so-called “reparative therapy,” and falsely claimed that children are harmed by having same-sex parents.

    Perkins is responsible for organizing key evangelical support behind former Republican presidential candidate Ted Cruz. Perkins served on the former candidate’s “Pro-Lifers for Cruz Coalition” alongside known anti-choice extremist Troy Newman. Cruz has made no secret of his disdain for Planned Parenthood, or of his support for David Daleiden and CMP’s smear campaign.

    Dishonorable Mentions -- Other Anti-Choice Activists Hosted By Fox

    1. Jay Sekulow, American Center For Law And Justice

    Jay Sekulow is the chief counsel for the American Center for Law & Justice (ACLJ) -- a conservative anti-choice legal group that is defending former CMP board member Troy Newman in a lawsuit filed by the National Abortion Federation (NAF). Sekulow has been a vocal opponent of Planned Parenthood funding and the contraceptive mandate of the Affordable Care Act (ACA).

    Following CMP’s release of deceptively edited video, Sekulow joined anti-choice legislators and extremists in calling for the defunding of Planned Parenthood. Beyond attacking Planned Parenthood, Sekulow and the ACJL have frequently defended Daleiden and CMP as “investigative journalists.” A grand jury, a federal judge, and many journalists have rejected this characterization.

    Sekulow is also a proponent of Senate Republicans' ongoing obstruction of Merrick Garland’s nomination to the Supreme Court, and he has suggested support for state policies that “punish” people for obtaining an abortion. In an April 1 edition of his radio show, Sekulow said that the idea of punishing people for receiving abortions was “not craziness” and that “for any other person that somebody killed, they’d be held culpable.”

    Sekulow also represented one of the plaintiffs in Burwell v. Hobby Lobby -- the first challenge heard by the Supreme Court to the ACA’s contraceptive mandate. In Burwell v. Hobby Lobby, the court found that certain classes of employer could not be compelled to include contraception in their employees’ insurance plans if doing so ran counter to the employers’ sincerely held religious beliefs. In explaining his client’s position, Sekulow wrongly argued that the ACA’s contraceptive mandate would include coverage of “abortion-inducing drugs.”

    Neither of his assertions is true.

    Medical experts agree that there are stark differences between emergency contraception and abortion procedures or drugs that act as "abortifacients." According to a March 2016 white paper from the Princeton University Office of Population Research, emergency contraception pills "do not interrupt an established pregnancy" and therefore “are not abortifacient[s]," in part because the medical consensus defines "implantation" as the beginning of a pregnancy.

    2. The Rev. Frank Pavone, Priests For Life

    The Rev. Frank Pavone is the national director of the Catholic anti-choice group Priests for Life. Pavone is well-connected to other anti-choice groups -- notably bragging about his “partnership with Operation Rescue” and the “close” relationship he enjoys with CMP. In his work, Pavone regularly insults abortion providers, attacks Planned Parenthood, and promotes the stigmatization of abortion.

    Pavone has a history of making extreme and false comments about abortion providers and reproductive rights advocates. For example, when the president of Planned Parenthood, Cecile Richards, spoke at Georgetown University, Pavone argued that inviting Richards was akin to inviting “representatives of ISIS” to speak in order to “understand terrorism.” Similarly, when defending CMP’s work, Pavone wrongly accused abortion providers of “doing a lot of other evil things” as well. His examples were: “medical malpractice, sexual abuse of patients, violation of OSHA standards, insurance laws, money laundering, all kinds of fraud and, yes, even the sale of body parts.” In response to the deadly November 2015 attack on a Planned Parenthood center in Colorado, Pavone blamed supporters of abortion access for “poisoning the moral climate in our nation.”

    Despite Daleiden’s mounting legal troubles, Pavone has warned that “the troubles for Planned Parenthood have only just begun.” He has championed the efforts of anti-choice extremist Mark Crutcher -- who previously promised to train and “unleash a whole army of David Daleidens” to infiltrate and baselessly attack reproductive health care providers.

    Pavone has also worked to stigmatize abortion, saying that anti-choice groups like his “exploit the stigma of abortion, we lift it up high for people to see, we reinforce it.” Abortion stigma is the shared idea that abortion is morally wrong or socially unacceptable, but in reality, abortion is an incredibly common procedure that 30 percent of women will undergo by age 45.

    3. Troy Newman, Operation Rescue

    Troy Newman is the president of Operation Rescue -- an extremist anti-choice group with a history of spouting violent rhetoric and harassing abortion providers, whose senior policy advisor, Cheryl Sullenger, was convicted of conspiring to bomb a clinic in 1987. A Rolling Stone profile of Operation Rescue described the organization’s strategy as a “smear campaign … to shut down abortion clinics by systematically harassing their employees into quitting.”

    To further this strategy, Newman has trained other anti-choice activists and supported the development of spin-off groups that continue Operation Rescue’s work across the country. He previously served as one of CMP’s founding board members before resigning after a Texas grand jury indicted Daleiden and one of his associates.

    Newman claims that Operation Rescue has never endorsed violence, yet in his book Their Blood Cries Out, Newman wrote that the U.S. government had “abrogated its responsibility to properly deal with the blood-guilty,” which he said would involve “executing convicted murderers, including abortionists, for their crimes.” Similarly, when Paul Jennings Hill was executed for the murder of an abortion provider and a clinic escort, Newman argued that Hill should have been able to mount the defense that it was “necessary” to kill the providers in order to save "the lives of pre-born babies." Operation Rescue's Sullenger also reportedly helped convicted murderer Scott Roeder keep track of legal proceedings for his eventual victim, abortion provider Dr. George Tiller.

    Beyond his work with Operation Rescue, Newman also has a personal history of harassing providers -- a reputation that caused Australia to deport him out of concern that his “presence would be ‘a threat to good order’” and that he would “compromise the safety and wellbeing” of abortion providers and those seeking care.

  • Zubik v. Burwell: The Conservative "Abortifacient" Myth That Became The Latest Attempt To Block ACA Contraceptive Coverage

    ››› ››› SHARON KANN

    On March 23, the Supreme Court will hear oral arguments in Zubik v. Burwell, a consolidated case brought by religious nonprofits challenging a process for opting out of the Affordable Care Act's (ACA) contraception mandate. These groups argue that the process of opting out of providing insurance coverage for forms of contraception that they falsely deem "abortifacients" poses a "substantial burden" to their religious beliefs, a claim right-wing media have endorsed.

  • Fox Twists Loss Of IRS Emails Into Nefarious Conspiracy

    ››› ››› THOMAS BISHOP

    Fox News personalities baselessly accused the Obama administration of engaging in a cover-up following reports that the IRS lost emails connected to the alleged targeting of organizations seeking tax-exempt status, ignoring the fact that government agencies regularly lose emails due to antiquated computer systems and policies.

  • Right-Wing Media Cash In On Benghazi Obsession

    Five Examples Of How Conservative Pundits Are Using Their Benghazi Witch Hunt To Fundraise

    Blog ››› ››› ERIC HANANOKI

    The right-wing media's smear campaign against the Obama administration over the 2012 attacks in Benghazi, Libya, appears to be paying dividends in the form of donations.  

    A Media Matters review of fundraising emails and websites found that conservatives have routinely invoked Benghazi to ask followers for money. The fundraising solicitations accuse the Obama administration of "lies," "cover-ups," a "dereliction of duty," and crimes worse than Watergate.   

    The fundraising is only likely to intensify with the recent creation of a House select committee, led by Rep. Trey Gowdy (R-SC), to investigate the attacks. The Republican leadership convened the committee despite numerous previous inquiries into Benghazi. The Department of Defense wrote in March that it had already participated in "approximately 50 congressional hearings, briefings, and interviews" about the 2012 attacks.

    Gowdy said on MSNBC today that fellow Republicans should not fundraise off of the Benghazi attacks, stating: "Yes, and I will cite myself as an example. I have never sought to raise a single penny on the backs of four murdered Americans."

    Like their counterparts in the media, the main Republican Party campaign apparatuses are actively fundraising off of Benghazi. The Republican National Committee has a donation page asking Republicans to demand "the truth about Benghazi" by contributing money. The National Republican Senatorial Committee asks Republicans to "donate today" because of Benghazi. And the National Republican Congressional Committee has a fundraising page stating: "You're now a Benghazi Watchdog. Let's go after Obama & Hillary Clinton. Help us fight them now." The page features an image of President Obama and former Secretary of State Hillary Clinton with the text, "Benghazi Was A Coverup. Demand Answers."

    UPDATE (5/9/14): Following the publication of this post, the Republican National Committee took down the fundraising page. A screenshot of the page as it originally appeared can be found here.

    Here are five recent examples of conservative pundits raising money off their Benghazi witch hunt. 

  • Top 6 Reasons Women Should Be Thankful Conservative Media Aren't Their Doctor

    ››› ››› SAMANTHA WYATT, OLIVIA MARSHALL & OLIVIA KITTEL

    2013 was an epic year of right-wing media misinforming the public on the health care debate, particularly on women's health issues. Ignoring women's health experts, conservative media spent this year stoking fears about everything from birth control to maternity care, ignoring science, distorting state and federal regulations, and demonizing women's health care options in the process. These are the top six scare tactics from 2013.

  • Fox Uses Hobby Lobby Case To Falsely Call Morning-After Pill Abortion

    ››› ››› BRIAN POWELL & SAMANTHA WYATT

    Fox News repeatedly conflated the emergency contraceptive Plan B (also known as the morning-after pill) with abortion while covering two Supreme Court cases brought by companies that object to the Affordable Care Act's (ACA) birth control coverage benefits. However, experts agree that the morning-after pill is not abortion -- it prevents pregnancy but cannot stop pregnancy after fertilization takes place.

  • Fox Expands IRS "Scandal" To Include Legitimate Practices

    Blog ››› ››› JUSTIN BERRIER

    Jay Sekulow

    Fox News is helping American Center for Law and Justice's chief counsel Jay Sekulow baselessly accuse the Obama administration of continuing to use inappropriate screening to scrutinize nonprofit groups even after Obama condemned that practice. Sekulow's Fox-fueled campaign comes as legal experts say the IRS must continue assessing whether groups are eligible for nonprofit status.

    A recent Inspector General report found that one of the IRS offices responsible for approving nonprofit status was targeting conservative groups. Following the report, President Obama condemned the actions of the office as "intolerable and inexcusable" and called for those responsible to be held accountable. Acting IRS commissioner Steven Miller was fired as a result of the improper scrutiny, and Attorney General Eric Holder ordered a criminal investigation.

    Fox hosted Sekulow to discuss the controversy. During the segment, Sekulow complained that, despite the investigation, the IRS was continuing to apply heavy scrutiny to conservative groups that he represents in court. Sekulow cited an eight-page compliance letter that an unnamed nonprofit received that contained "intrusive questions," calling the IRS' actions "harassment":

    But although one office of the IRS improperly delayed the nonprofit status of some groups, Sekulow provided no evidence that the groups he represents were targets of the same tactics. While the Inspector General's report criticized the actions of that office, it did not call for an end to scrutiny on groups applying for nonprofit status, and legal experts have pointed out that the investigation should be used as a reason to draw down the review process on those groups. 

  • Fox News Attacks Attorney General's Praise Of Anti-Defamation League Support For American Muslims

    Blog ››› ››› SERGIO MUNOZ

    Fox News host Megyn Kelly and frequent contributor Jay Sekulow attacked Attorney General Eric Holder for a speech he gave highlighting the work of the Anti-Defamation League (ADL) in combatting threats against Muslims, a timely topic given the anti-Muslim backlash seen in right-wing media following the Boston Marathon bombings.

    On April 29, Holder spoke at the centennial summit of the ADL and commended the organization for its long history fighting anti-Semitism, stating the organization would continue to "find a committed and active ally in this Attorney General." Holder closed his remarks by noting that it was two weeks to the day of the Boston bombings and praised ADL for its additional work fighting anti-Muslim bigotry, a commitment Holder assured the audience the Department of Justice shares. As explained by Holder, "just as we will pursue relentlessly anyone who would target our people or attempt to terrorize our cities - the Justice Department is firmly committed to protecting innocent people against misguided acts of retaliation."

    In a "Fox News Alert" segment on America Live, Kelly attacked this speech by asking, "Has there been backlash against Muslims in the wake of Boston? And is this a time for the attorney general to be effectively scolding Americans, not to be bigoted and not to be ignorant?" Kelly also claimed that because Holder said this at the ADL's summit, "the context could be perceived by some to be somewhat offensive." In addition to pushing the argument that the bombing suspect should have been treated as an un-Mirandized "enemy combatant," Sekulow admonished Holder because "the attorney general of the United States needs to do us all a favor. Catch the terrorists. That's what he needs to be doing."

  • Fox Continues To Mix "Racial Hostility" Smear Against Nominee Perez With Ignorance Of Voting Rights Act

    Blog ››› ››› SERGIO MUNOZ

    Fox News and Fox Business are butchering civil rights precedent and the Voting Rights Act (VRA) in their continued campaign to suggest President Obama's nominee for Labor Secretary, Assistant Attorney General for Civil Rights Thomas Perez, doesn't want to protect white people.

    Following the pre-existing practice of smearing President Obama and his administration as hostile to whites and biased toward people of color, Fox has joined right-wing media in attacking Perez for his enforcement of long-standing civil rights law and advocacy for Hispanic immigrants. This right-wing campaign against Perez has focused on the Civil Rights Division (CRD), which under Perez's supervision has been very effective at using the VRA to protect historical victims of voter suppression.