Fox News used the supervised release of immigrants to fearmonger about public safety, ignoring the fact that the vast majority of released immigrants have no criminal conviction or that for those with aggravated felony convictions under immigration law can mean crimes that are neither aggravated nor considered a felony.
A Miami Herald article highlighting the release of immigrant detainees reported that 225 immigrants were released in the Miami deportation unit that includes Florida, Puerto Rico, and the U.S. Virgin Islands but remained under supervision.
Discussing the story on Fox News' Your World, host Neil Cavuto argued that the fact that some of the immigrants were considered "aggravated felons" contradicted the government's claim that no one released was dangerous. Conservative pundit Katie Pavlich of Townhall.com stated that the decision "shows a gross disregard for public safety," while falsely claiming that a third of the immigrants released had aggravated felony convictions.
In fact, as the Miami Herald reported, only two immigrants released in the Miami deportation unit had such convictions -- and the nature of their crimes was not divulged. Moreover, immigrants who have been convicted of such crimes are automatically subject to deportation, without a court hearing, and face the harshest penalties under immigration law -- which immigration experts argue are more severe than even criminal convictions.
As immigration expert David Leopold, General Council of the American Immigration Lawyers Association, explained to Media Matters, an aggravated felony under immigration law can include more than violent offenses like murder and sexual assault:
Determining whether a crime is an aggravated felony under the immigration law requires a confusing analysis of state and federal statutes and precedent court decisions. Some crimes, such as theft or assault, are considered aggravated felonies based of the length of the jail sentence imposed by a federal or state court -- even if the entire sentence is suspended.
Other crimes, such those involving fraud and deceit, are considered aggravated felonies if the amount of loss to the victim exceeds $10,000, whether or not the money has been paid back. A state controlled substance offense is considered an aggravated felony if it would be a felony under the federal law. States are sovereign political entities with their own set of civil and criminal laws.
Right-wing media are attempting to rebut a TV ad calling for stronger gun laws by claiming that it depicts unsafe gun handling.
According Fox News, conservative bloggers, and the National Rifle Association's news program, an ad calling for expanding the background check system features a man with his finger on the trigger of a firearm that is not ready to be fired, an unsafe practice. In fact, footage from another ad featuring the same firearm clearly indicates that the right-wing media are wrong about where the gun's trigger is; the man's finger is actually nowhere near the trigger in either ad.
The claim originated with Washington Times senior opinion editor Emily Miller, who claimed in a March 25 article that ads recently released by Mayors Against Illegal Guns (MAIG) are "irresponsible" because the man in the ad "violates all three gun safety rules taught by the National Rifle Association." Miller specifically claims that "the man has his finger on the trigger, as if ready to shoot," and comments, "To make an ad demonstrating actual gun responsibility, the man would put a straight forefinger above the trigger guard to make sure he doesn't accidentally touch the trigger."
Miller was referencing this moment from the ad "Responsible":
But another ad released by MAIG, "Family," which features the same man and firearm, shows the position of the trigger on that particular firearm to be much closer to the buttstock than where the man's index finger is in "Responsible":
Based on the trigger location clearly seen in "Family," the trigger of the firearm would sit approximately behind the base of the man's hand in "Responsible" making it impossible for his finger to be on the trigger or within the trigger guard.
Miller's claims have nonetheless been picked up by The Daily Caller, The Blaze, Hot Air, and a Townhall column authored by Fox contributor Katie Pavlich and have also been featured on Fox & Friends and the NRA's Cam & Company on the Sportsman Channel.
Fox News contributor and Townhall news editor Katie Pavlich made the unfounded claim that Department of Homeland Security Secretary Janet Napolitano lied about her knowledge of the Bureau of Alcohol, Tobacco, Firearms' Operation Fast and Furious, a failed gun trafficking sting. This accusation is a serious one, as Napolitano has testified under oath before Congress that she was unaware of the ATF program while it was ongoing.
Pavlich's claim, which centers around the fact that Napolitano has a relationship with the former U.S. attorney involved in Fast and Furious, is entirely speculative and is unsupported by a recent independent investigation by the DHS Office of the Inspector General. The report concluded, "The DHS Secretary did not learn about Operation Fast and Furious, its flawed methodology, or that [Immigration and Customs Enforcement] had assigned an [Homeland Security Investigations] special agent to the task force until mid-March 2011" when the existence of the operation was public knowledge.
But according to Pavlich it is "implausible" that Napolitano didn't know about Fast and Furious while the operation was ongoing because of her "personal and professional relationship" with former U.S. Attorney Dennis Burke, who was involved in Fast and Furious. From the March 25 edition of Fox & Friends:
GRETCHEN CARLSON, HOST: So you do not believe that it's feasible that Janet Napolitano did not know about this before she said she did?
PAVLICH: It really is implausible that Janet Napolitano is getting off scot-free with this report. Let me tell you why. Former U.S. Attorney Dennis Burke, who was in charge of the Department of Justice side of Operation Fast and Furious in Arizona, has a longstanding personal and professional relationship with Janet Napolitano. He served as her staffer when Janet Napolitano was the attorney general in Arizona, as her chief of staff when she was governor of Arizona, followed her into Washington D.C. as her advisor for Homeland Security for a year before being appointed back to U.S. Attorney by President Obama. At the same time he was in Arizona he was serving on Attorney General Eric Holder's advisory board and he was with Janet Napolitano two days after the murder of [U.S. Border Patrol agent] Brian Terry in Arizona and yet this report claims they never talked about this case. But it seems as if Janet Napolitano would ask about it at least.
Pavlich's claim that Napolitano is lying about her knowledge of Fast and Furious is entirely premised on an assumption about the relationship between Napolitano and Burke and is plainly contradicted by the DHS OIG report which found no evidence that Napolitano had any knowledge of the operation prior to what she indicated in testimony before Congress.
From the 2013 Conservative Political Action Conference on March 15:
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The Conservative Political Action Conference (CPAC) bills itself as an event convened to "crystallize the best of the conservative thought in America" that will showcase "all of the leading conservative organizations and speakers." Media covering CPAC 2013 should know that the conference's speakers, from the most prominent to the lesser-known, have a history of launching smears, pushing conspiracy theories, and hyping myths about the validity of President Obama's birth certificate.
Conservatives in media have adopted the false National Rifle Association claim that the term "assault weapon" was invented by proponents of assault weapons bans in order to arbitrarily single out certain firearms for further regulation. However, before the gun industry trade association attempted to rebrand assault weapons as "modern sporting rifles" in 2009 -- a change in terminology also adopted by the NRA -- the gun industry and firearm publications routinely used the term assault weapon to describe the very military-style semi-automatic rifles that would be covered by Sen. Dianne Feinstein's assault weapons ban.
As Sen. Feinstein prepares another hearing on gun violence for later this month, members of right-wing media are now dishonestly attempting to hide the history and special capabilities of assault weapons.
In a February 4 appearance on CNN's Piers Morgan Tonight, Ted Nugent, a NRA board member who uses his Washington Times column to argue against strengthening gun laws, covered up how assault weapons have been marketed when he claimed that President Obama's proposal to reduce gun violence "still calls personal defense weapons assault weapons, which is a nomenclature created by the anti-gun agenda."
As Fox News contributor Katie Pavlich, who writes about gun policy for the conservative Townhall website, put it, "the term 'assault weapon' is a made up political term." Washington Times senior opinion editor Emily Miller has also attempted to rewrite history, recently claiming, "President Obama and his allies, such as Mrs. [Dianne] Feinstein, deliberately misuse the term 'assault weapon' to confuse the public. Assault weapons are machine guns, automatic rifles that continue to fire until the trigger is released."
On the January 19 edition of Fox News program Fox & Friends Saturday, Miller claimed that the term assault weapon was invented during the 1980s by gun violence prevention organizations for "fearmongering" purposes:
Pundits like Miller and Pavlich are merely adopting the NRA screed on this subject. Miller's claim about the origin of the term assault weapon mirrored a January 14 press release from the NRA's lobbying wing, the Institute for Legislative Action, that claims gun violence prevention advocates coined the term during the 1980s.
During January, NRA News host Cam Edwards frequently spoke about the definition of an assault weapon on his Cam & Company show. According to Edwards, the term assault weapon is "a made up phrase" and assault weapons can be defined as "gun I'm trying to ban" or alternately "gun I want to ban."
The Drudge Report and others are suggesting that energy efficiency efforts somehow caused the power outage that occurred during the Super Bowl. But these attempts to scapegoat green energy are wrongheaded -- the outage occurred within the stadium, not among the energy efficient lighting outside the stadium.
Prior to Super Bowl XLVII, the New Orleans Host Committee worked to reduce the environmental impact of the game on and off the field, including by installing an energy efficient lighting display of LEDs outside the stadium.
During the second half of the game, many of the Superdome stadium's overhead lights blinked off, along with scoreboards, CBS-run cameras and other systems. The partial outage lasted for more than 30 minutes. The Drudge Report used the blackout to mock the possible "CURSE" from an efficient lighting display composed of LEDs on the outside of the Superdome:
Many prominent conservative media figures seized on the false implication -- Fox News contributor Katie Pavlich said "it's all [former Energy Secretary Steven Chu's] fault," and the Daily Caller suggested that the energy efficient lighting was the "cause" of the blackout.
But, as Politico and TIME's Mike Grunwald pointed out, these exterior LED lights did not go dark:
The Drudge Report snarkily linked to an Energy Department article published Saturday that praised New Orleans for being at the "Energy Efficient Forefront" and noted that the Superdome "features more than 26,000 LED lights" that conserve energy. However, others quickly pointed out that those are exterior lights, not the lights that went dark inside the dome.
Whatever the cause turns out to be, New York Times reporter Jonathan Weisman saw one enduring U.S. tradition alive and well in the blackout aftermath.
"Only in America," he tweeted Sunday night, linking to Drudge's DOE link. "Blackout at Superdome actually becoming a political issue."
While polling has consistently shown that nearly all Americans support requiring a criminal background check on every gun sale, some conservatives in the media are writing in opposition to expanding background checks, a position also held by the National Rifle Association.
A January 23 Gallup poll indicates that 91 percent of Americans would vote for a law that required a criminal background check on every gun sale. Only eight percent of respondents would vote against such a law. As ThinkProgress notes, this polling indicates that opposition to strengthening background checks is less popular than human cloning, polygamy and the perennially unpopular Congress.
[ThinkProgress, accessed 1/30/13]
In recent columns, Washington Times senior opinion editor Emily Miller, MSNBC host S.E. Cupp and Fox News contributor Katie Pavlich all expressed opposition to expanding background checks, even as research demonstrates that a significant proportion of firearms are sold and purchased without a check.
In a New York Daily News column, Cupp quoted the faulty logic of NRA executive vice president Wayne LaPierre, who said before the Senate Judiciary Committee on January 30 that checks should not be strengthened "because criminals will never submit to them," before worrying about the "psychological" impact of background checks on gun purchasers.
Ultimately, Cupp compared criminal background checks -- the vast majority of which are completed in seconds -- to Arizona's infamous SB 1070 immigration law:
But even though we accept background checks as a necessary preemptive measure, there is a real psychological and cultural impact when law-abiding gun owners are routinely treated en masse like suspects.
If it sounds silly to worry about the hurt feelings of gun owners, let me point out that liberals are both familiar and comfortable with this argument. Arizona's so-called "papers please" law, which allowed law enforcement officials to determine an individual's immigration status during a lawful stop, barred the use of racial profiling as the sole basis for investigating immigration status. But that didn't stop liberal critics of SB 1070 from insisting it was offensive, prejudicial and unfairly treated minorities as if they were criminals.
Townhall news editor Katie Pavlich, who was recently hired as a Fox News contributor, twisted comments made by Sen. Dianne Feinstein (D-CA) at a press conference announcing the introduction of assault weapons ban legislation to make it seem as if the senator claimed that all weapons used in mass shootings were obtained from gun shows.
Palvich, who reversed the order and altered the content of Sen. Feinstein's statements, used this distortion to claim that "no gun purchased at a gun show has ever been used in a mass shooting," a false statement contradicted by the 1999 massacre at Columbine High School in Littleton, Colorado. All four firearms used in that shooting -- which left 13 dead and 21 wounded -- passed through an area gun show. From Pavlich's article:
Since Sen. Dianne Feinstein (D-CA) revealed a plan to introduce legislation banning assault weapons and high-capacity magazines, members of the right-wing media have launched hysterical, and often false, attacks against her proposal to crack down on weapons like the one used in the mass shooting at Sandy Hook Elementary School in Newtown, CT.
In two December 27 pieces published on Brietbart.com, contributor AWR Hawkins grossly exaggerated the scope of Feinstein's legislative proposal to suggest that the assault weapons ban would require that all firearms be registered with the government and claim that "the details of Senator Dianne Feinstein's pending assault weapons ban show that her real goal is to ban handguns."
Sen. Feinstein's actual proposal allows current owners of assault weapons to keep their firearms so long as the owner fulfills a registration requirement and includes no mandate to register firearms that are not assault weapons. While the proposed ban would cover some handguns with military characteristics, Hawkins' claim that the legislation would lead to a general handgun ban is based on the speculation "that as soon as a public crime is committed with a double-action revolver, Feinstein and Co. will try to add those to the list as well."
But an even bigger problem lurks -- right now the focus is only on "assault weapons" and semi-auto handguns, however, as soon as a public crime is committed with a double-action revolver, Feinstein and Co. will try to add those to the list as well.
The bottom line: If we are foolish enough to embrace a ban on any weapon in the coming Congress then we are unwittingly embracing a ban on every weapon.
Hawkins repeated these claims on National Rifle Association News, calling the proposed assault weapons ban "garbage" and "anti-freedom to the core."
Townhall news editor Katie Pavlich makes a facile comparison between "two gun cultures" in America and claims that gun violence is largely limited to urban areas. However, high levels of gun death exist throughout America, and many of the states with the highest rates of gun death are rural states with weak gun laws.
In one gun culture, Pavlich claims firearms are used "to celebrate American history, for collection, personal protection, hunting and sport" while the other gun culture "can be found in the inner city of Chicago, Washington D.C., New York City, Los Angeles and others."
In publishing today's column, Pavlich joined a growing chorus of conservatives in media scrambling to deny the link between firearm availability and gun violence in the wake of the murder-suicide involving NFL player Jovan Belcher. From her column:
Historically in America we've had a deep respect for firearms. The vast majority of people have used them to celebrate American history, for collection, personal protection, hunting and sport. We see American gun culture celebrated each year when dads take their kids elk hunting for the first time. We see it when women head to the range to safely practice shooting their new pink pistols. We see it when a mother shoots an intruder while she is home alone in order to protect her children. We see it practiced when thousands of people sign up for concealed carry permit and hunters' safety classes each year. Not to mention, the multi-billion-dollar firearms industry employs millions of people and provides the government with billions in tax revenue every year.
The other gun culture in America can be found in the inner city of Chicago, Washington D.C., New York City, Los Angeles and others. Ironically, violent gun culture is found within gangs in cities with the strictest gun laws. It is the same culture promoted in Hollywood films made by liberals, glorified by rappers whose music is worshiped in violent gang plagued neighborhoods and disrespectfully joked about at NBA parties.
Right-wing media are attacking ABC reporter Martha Raddatz, the moderator of the vice-presidential debate, complaining that she interrupted GOP candidate Paul Ryan significantly more than Vice President Joe Biden. In fact, Raddatz interrupted Biden and Ryan roughly the same number of times.
Following the October 11 debate, right-wing media figures complained that Raddatz cut Ryan off significantly more often than she did Biden. Washington Examiner senior editorial writer Philip Klein tweeted, "Every time Biden starts interrupting Ryan, Martha Raddatz cuts Ryan off." Fox News contributor Laura Ingraham complained that Raddatz interrupted Ryan when he rebutted "Biden's illogical position on abortion and Catholic Church." Town Hall news editor Katie Pavlich wrote, "This debate should be renamed: Joe Biden and the Moderator Interrupt Paul Ryan!"
But Raddatz interrupted Biden and Ryan approximately an equal number of times. According to a Media Matters review of the debate, Raddatz interrupted Biden 15 times and Ryan 18 times:
During his radio show today, Rush Limbaugh again claimed that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Operation Fast and Furious was hatched as an Obama administration plot to disarm Americans.
Limbaugh's baseless claim was refuted by a report onthe failed gun trafficking sting released by the Department of Justice Office of the Inspector General on Wednesday. The DOJ watchdog found "no evidence" that the agents involved in Fast and Furious had "improper motives" and that the goal of the operation was "dismantling a dangerous firearms trafficking organization."
RUSH LIMBAUGH: American people don't want to give up their guns. What do you do? What liberals always do. Try to create a false narrative or impression that the American people have had it and are fed up with it and we got to get guns out of people's hands. They want that cry erupting from all over America. So many people think that the point of Fast and Furious was very simple: get these guns into the hands of some of the deadliest, vicious, trigger happy criminals you can find. And they are very close. They run drug cartels south of the border. They're in Mexico. So you give them the guns and they will go crazy. Because people die in gun raids, drug cartel activities every day. And what happened was one of our agents, Brian Terry, died and more than a hundred Mexicans. And what was supposed to happen, the American people were supposed to hear this news and they were supposed to be outraged at two things. A, that drug cartels have American guns. You mean it's that easy that some local weed can cross the border buy a gun and take it home to Mexico and another to stop -- that's right. And then they start shooting people. The outcry was supposed to -- the American people were supposed to rise up in indignation. So you've gotta shut that down. We've got to stop making guns so easily. That's what they were trying to shape public opinion so that you ended up demanding gun control.
But Limbaugh's theory -- which MSNBC host Rachael Maddow termed the "specific" version of the National Rifle Association's grand conspiracy that Obama secretly plans to eliminate the Second Amendment if re-elected -- was debunked by the Inspector General report:
The right-wing media's conspiracy theory that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Operation Fast and Furious was hatched as a nefarious plot by the Obama administration to impose draconian gun control upon the United States has been debunked by an independent investigation into the failed gun trafficking sting.
According to a report issued by the Department of Justice Office of the Inspector General, there is "no evidence that the agents responsible for the cases had improper motives or were trying to accomplish anything other than dismantling a dangerous firearms trafficking organization." This is consistent with a June 2011 report by Republican congressional staff, which found that "The operation's goal was to establish a nexus between straw purchasers of assault-style weapons in the United States and Mexican drug-trafficking organizations (DTOs) operating on both sides of the United States-Mexico border." From the OIG report (emphasis added):
ATF's Phoenix Field Division, together with the U.S. Attorney's Office, bore primary responsibility for the conduct of Operations Wide Receiver and Fast and Furious. While we found no evidence that the agents responsible for the cases had improper motives or were trying to accomplish anything other than dismantling a dangerous firearms trafficking organization, we concluded that the conduct and supervision of the investigations was significantly flawed. For reasons described in Chapters Three and Four, the Phoenix and Tucson offices adopted and adhered to a strategy that deferred taking overt action against subjects, even when evidence of the illegality of the purchasing activity was overwhelming, and we concluded, did so without adequate consideration of how that strategy placed the public at risk and what measures could be taken to minimize that risk. Further, as the case progressed, there was no discussion about whether the goals of the investigation should yield to what should have been an imperative to end the firearms trafficking taking place.
The Inspector General also specifically found no link between Operation Fast and Furious and plans to regulate firearms. According to the report, there is "no evidence that ATF Phoenix initiated the investigation in order to facilitate efforts to obtain long gun legislation." The report also found that then-Acting ATF Director Kenneth Melson did not use Fast and Furious as a justification for an ATF-backed reporting requirement for the sale of multiple assault rifles that went into effect in August 2011. From the report (emphasis added):
Melson told the OIG that the impetus for the long gun reporting requirement came from him, though he could not recall the date that he asked his staff to pursue the matter. He also stated that when he discussed the long gun reporting requirement with staff at ATF Headquarters, "[n]o one ever suggested that [Operation Fast and Furious] was being done for purposes of supporting our position on the long guns," and that he did not make any decisions concerning the case in order to increase the likelihood that the long gun reporting requirement would be implemented. We found no evidence that contradicted Melson's statements to us concerning the long gun reporting requirement; and no evidence that ATF Phoenix initiated the investigation in order to facilitate efforts to obtain long gun legislation.
This report directly contradicts baseless claims made about Fast and Furious by members of the right-wing media and National Rifle Association leadership.
Today the United States House of Representatives will vote to hold Attorney General Eric Holder in contempt of Congress. The push for a contempt citation followed a lengthy investigation by the House Oversight Committee into Holder's supposed role in the failed ATF Fast and Furious operation, in which, according to whistleblowers, the agency allowed guns to be trafficked across the border as part of an investigation intended to take down a Mexican drug cartel.
Throughout the investigation members of the right-wing media have engaged in numerous distortions about Fast and Furious while sycophantically parroting allegations made by the Republican-led House Oversight Committee. Below some of these narratives are examined and debunked.
The National Rifle Association is one of the primary promoters of the conspiracy theory that Operation Fast and Furious was designed to create violence in Mexico, which in turn would be pointed to by the Obama administration as the justification for more restrictive gun laws, a bizarre claim that has gained a solid foothold in the right-wing media's Fast and Furious narrative. Conservative commentator Rush Limbaugh has frequently told his listeners that the failed ATF operation was a premeditated "attack on the Second Amendment," citing this theory.
But none of the people promoting this theory have ever provided any hard evidence to prove its existence. Townhall News Editor Katie Pavlich breathlessly hashed out the conspiracy theory in her book, Fast and Furious: Barack Obama's Bloodiest Scandal and its Shameless Cover-up, on the shaky premise that the fact that some members of the Obama administration have supported gun violence prevention measures was evidence enough of an anti-Second Amendment plot. But even Fox News host Bill O'Reilly dismissed such claims as a "conspiracy thing." And for good reason; the "evidence" offered by Pavlich and other promoters is circumstantial and the theory's logic entirely speculative. In fact, Obama has expanded, rather than restricted, the right to carry a gun during his first term.
When Obama asserted executive privilege over a set of internal Department of Justice (DOJ) documents on June 20, Fox News was quick to push the narrative -- straight from the GOP spin room -- that the president's use of privilege implied something sinister was afoot at the White House. As Happening Now guest host Gregg Jarrett put it, "If the president was not involved then executive privilege does not apply. If the president was involved, then three things, either Holder was not telling the truth in front of Congress, and or the White House was not telling the truth when it denied the White House and the president were involved, and the president himself may have not been telling the truth when he made statements."
There are two problems with this argument. First, Obama only asserted executive privilege over documents generated after February 4, 2011. Fast and Furious was terminated in January 2011. According to the letter that DOJ sent to Obama asking the president to assert his privilege, the documents in question "were created after the investigative tactic at issue in that operation had terminated and in the course of the Department's deliberative process concerning how to respond to congressional and related media inquiries into that operation."
Secondly, presidents have traditionally asserted executive privilege over matters in which they are not personally involved. When President George W. Bush first used executive privilege in December 2001, he acted to shield internal DOJ documents. In a separate instance in 2008, his Attorney General, Michael Mukasey, advised the president that he could shield Environmental Protection Agency documents because "[t]he doctrine of executive privilege also encompasses Executive Branch deliberative communications that do not implicate presidential decisionmaking."