National Review

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  • Anti-LGBT National Review Writer Reportedly Being Drafted To Run For President

    Blog ››› ››› CARLOS MAZA

    Weekly Standard editor Bill Kristol is reportedly considering drafting David French -- a staff writer at National Review -- to run for president as an independent candidate. French has repeatedly demonized the LGBT community in his writing and worked as a lawyer at a right-wing legal group that has defended laws criminalizing homosexuality.

    According to Bloomberg, Kristol -- who has been trying to kickstart a “never Trump” movement among Republicans -- has recently focused his search for an independent candidate on French:

    Two Republicans intimately familiar with Bill Kristol’s efforts to recruit an independent presidential candidate to challenge Donald Trump and Hillary Clinton have told Bloomberg Politics that the person Kristol has in mind is David French -- whose name the editor of the Weekly Standard floated in the current issue of the magazine.

    [...]

    Reached in Israel late Tuesday afternoon, Kristol declined to comment on his efforts to induce French to run. The two Republicans confirmed that French is open to launching a bid, but that he has not made a final decision. One of the Republicans added that French has not lined up a vice-presidential running mate or significant financial support. However, according to this person, some conservative donors look favorably on the prospect of French entering the fray.

    At National Review, French has written extensively against LGBT equality and women’s access to abortion. He announced in 2010 that he had changed his mind and decided to oppose marriage equality, later warning that America was “racing off on our own cultural experiment.” He’s written multiple pieces attacking the transgender community, lamented “transgender entitlement,” described a young transgender woman as a “man” who is “on the verge of mutilating himself,” and argued that states should reject federal education funding rather than prohibit discrimination against transgender students.

    French previously served as a lawyer for the Alliance Defending Freedom (ADF) -- formerly known as the Alliance Defense Fund -- from 2006 to 2010. He also offered legal advice to anti-abortion activist Lila Rose.

    Both before and after French’s tenure there, ADF worked to defend domestic and international anti-sodomy laws that criminalize homosexual behavior. ADF is also the group behind the recent wave of anti-LGBT “religious freedom” laws and anti-transgender “bathroom bills.” The group has a history of fighting to limit access to reproductive healthcare, including testifying against Planned Parenthood and taking part in the Supreme Court’s Hobby Lobby case.

  • Right-Wing Media Can't Believe Hillary Clinton Has Hot Sauce In Her Bag

    ››› ››› BRENNAN SUEN

    Right-wing media figures attacked Hillary Clinton for saying that she always carries hot sauce with her during an interview with a New York hip-hop radio show, attacking her for “pandering” and “casual racism.” But Salon reports that Clinton “has been talking about carrying hot sauce since 2008,” and various outlets over the years have reported that Clinton “packed pepper sauce” in her bag and had “a collection of more than 100 hot sauces” when she was first lady.

  • Right-Wing Media's Worst Attempts to Downplay Sexual Assault and Diminish Survivors

    ››› ››› DAYANITA RAMESH

    For Sexual Assault Awareness month, Media Matters looks back at right-wing media's history of downplaying, and questioning the legitimacy of, sexual assault. Right-wing media figures have called reporting statutory rape “whiny,” claimed sexual assault victims have a "coveted status," said the sexual assault epidemic is "not happening," blamed feminism for encouraging sexual assault, and said attempts to curb sexual assault constitute "a war happening on boys."

  • A Guide To The Myths & Facts On Obama’s Executive Actions On Immigration

    ››› ››› JULIE ALDERMAN

    On April 18, the U.S. Supreme Court “is weighing the fate” of President Obama’s 2014 executive actions on immigration which “could shield roughly 4 million people from deportation” and grant them legal right to work. Right-wing media have spent years misinforming about the legality, and economic impact of the executive actions. Here are the facts.

  • How Right-Wing Media Attacks Against Celebrities Who Speak Out About The Gender Pay Gap

    ››› ››› CYDNEY HARGIS

    On Equal Pay Day, Media Matters looks back at how conservative media attacked female celebrities and athletes for speaking out about wage disparities in their industry and the need for a guarantee of equal pay for equal work. Right-wing media blamed wage inequality on women’s “self-esteem,” their willingness to sign and negotiate “bad” contracts, and so-called “fuzzy math” on the part of equal pay advocates; all while continuing to push the myth that the gender gap doesn’t exist.

  • Conservatives Are Already Preparing To Cry "Cover-Up" If Hillary Clinton Isn't Indicted

    ››› ››› TYLER CHERRY

    Right-wing media figures have been laying the foundation to allege a "scandal" and "cover-up" if the FBI's investigation into Democratic presidential front-runner Hillary Clinton's email server does not result in Clinton's indictment, thus setting her up for a lose-lose situation. Yet multiple law experts have explained that an indictment is highly unlikely.

  • A Timeline Of The Anonymously Sourced FBI Agent Numbers That Distorted The Clinton Email Server Investigation

    The Numbers Have Changed From 150 To 12

    ››› ››› BRENNAN SUEN

    Since January, numerous outlets, including Fox News and The Washington Post, have cited anonymous or discredited sources to claim that up to 150 FBI agents were investigating Hillary Clinton's private email server. But the number of agents has been a moving target, with the Post later correcting itself to say it was "less than 50" and NBC saying March 30 that the number is closer to 12. NBC's source -- also anonymous -- called the earlier figures "ridiculous" and said, "You need an act of terrorism to get 50 agents working on something."

  • Washington Post Corrects Faulty Report That Nearly 150 FBI Agents Are Investigating Clinton Emails

    The Post Now Reports "The Number Of FBI Personnel Involved Is Fewer Than 50"

    Blog ››› ››› THOMAS BISHOP

    The Washington Post has retracted its anonymously sourced claim that 147 FBI agents are detailed to the investigation into former Secretary of State Hillary Clinton's use of a private email server, and is now reporting that the real number is fewer than 50. Media outlets trumpeted the Post's report of the supposedly "staggering" number of FBI agents working the investigation as bad news for Clinton.

    On March 27, the Post published a 5,000-word article detailing the FBI's investigation into Clinton's use of a private email and personal Blackberry device during her time as secretary of state. The original story reported: "One hundred forty-seven FBI agents have been deployed to run down leads, according to a lawmaker briefed by FBI Director James B. Comey."

    The Post's claim spread throughout the media, with outlets frequently highlighting the 147 figure in their headlines and some using the report to attack Clinton. National Review termed the figure "a staggering deployment of manpower," while Breitbart News celebrated the "FBI recently kick[ing] its investigation into high gear." The Washington Post's Chris Cillizza highlighted the "eye-popping" 147 figure by commenting, "W-H-A-T?", adding that the reported number of agents seemed "like a ton for a story that Clinton has always insisted was really, at heart, a right-wing Republican creation," while MSNBC's Joe Scarborough called the number the "worst kept secret in DC for months." The story was also highlighted in several segments on Fox News.

    But the next day, Politico reported that the Post's story might be inaccurate. According to Politico, an official close to the investigation refuted the Post's report, saying that "The FBI does not have close to 150 agents working the investigation into former Secretary of State Hillary Clinton's email server" and that the Post's "number is greatly exaggerated."

    The Washington Post issued a correction to both their initial story on March 29, explaining that they incorrectly reported "that 147 FBI agents had been detailed to the investigation" and that multiple U.S. law enforcement officials "have since told The Washington Post that figure is too high" and the actual number of "FBI personnel involved in the case is fewer than 50":

    CORRECTION: An earlier version of this article incorrectly said that Clinton used two different email addresses, sometimes interchangeably, as secretary of state. She used only hdr22@clintonemail.com as secretary of state.  Also, an earlier version of this article reported that 147 FBI agents had been detailed to the investigation, according to a lawmaker briefed by FBI Director James B. Comey. Two U.S. law enforcement officials have since told The Washington Post that figure is too high. The FBI will not provide an exact figure, but the officials say the number of FBI personnel involved is fewer than 50.

    Cillizza issued an update to his post, changing his headline but not the text of his piece to reflect the Post's correction and stating, "I apologize for the error."

    The Washington Post joins other media outlets that have been forced to issue embarrassing corrections after publishing faulty claims on Clinton's emails based on anonymous sources. The New York Times issued two corrections on stories claiming Clinton was the subject of a "criminal probe," based in part on unnamed "Capitol Hill" sources.  

    The media continues to scandalize Hillary Clinton during the FBI's probe, even though legal experts have repeatedly explained that Clinton is unlikely to face prosecution and have termed an indictment "ridiculous."

  • Right-Wing Media Have Been Following Their Deceptive SCOTUS Nominee Playbook To A T

    Blog ››› ››› PAM VOGEL

    supreme-court

    On March 16, President Obama announced his nomination of Judge Merrick Garland to the Supreme Court. Before the nomination, Media Matters explained how right-wing media would respond: by following their deceptive conservative playbook against the nominee, regardless of who it was. And that's exactly what they did. Right-wing media resurrected the same tired tactics they've used before to oppose Obama's judicial nominees -- distorting the nominee's record to push alarmist rhetoric, purposefully taking past statements out of context, and lobbing attacks based on the nominee's race, gender, or religion. In the last week, we've already seen many of these plays put into action, with conservative media predictably propping up dishonest talking points and false claims dedicated to obstruction.

    Judicial Crisis Network Has Led The Pack In Pushing Debunked Misinformation On Garland's Record Into Media Coverage

    The discredited conservative group Judicial Crisis Network (JCN) -- known as the Judicial Confirmation Network during the Bush administration, but now committed to opposing Obama judicial nominations -- has led the way in fearmongering around "one more liberal justice," attempting to re-cast Garland's record as that of an anti-gun, job-killing judicial extremist.

    JCN began its misinformation campaign well before Garland's March 16 nomination, pushing myths about the records of several potential nominees at the National Review's Bench Memos legal blog, in press statements and attack ads, and in media appearances by JCN chief counsel Carrie Severino. On March 11, Severino authored a post on the Bench Memos blog attempting to smear Garland as "very liberal on gun rights" by grossly distorting actions he took on two cases pulled from his nearly two decades of judicial service, one of which did not even concern the Second Amendment. Severino cited Garland's 2007 vote to rehear a case on D.C.'s handgun ban and his 2000 ruling in a case related to the national background check system for gun purchases to draw this baseless conclusion. But she failed to note crucial context -- voting to rehear a case in what's called an en banc review does not indicate how a judge might theoretically rule, and in both cases, Garland either acted in agreement with colleagues or other courts across the ideological spectrum. Veteran Supreme Court reporters and numerous legal experts quickly and summarily debunked these misleading claims, but other right-wing outlets have further distorted them, and JCN has pushed the myths in subsequent attack ads and media appearances.

    Following Garland's formal nomination, JCN released a series of "topline points" outlining its opposition, further misrepresenting Garland's guns record to falsely suggest he had "voted to uphold" D.C.'s handgun ban and "demonstrated a remarkable level of hostility to the Second Amendment," as well as contending Garland was "the sole dissenter in a 2002 case striking down an illegal, job-killing EPA regulation." Like its earlier attacks on Garland's supposedly "very liberal" guns record, JCN's newer claims about Garland's ruling in the 2002 EPA case also grossly distorted the facts.

    Some mainstream outlets have uncritically echoed JCN's debunked "topline points" and attack ads on Garland's record, and these reports -- in The New York Times, The Washington Post, and The Wall Street Journal, and on National Public Radio -- lend an air of undeserved legitimacy to the group's misinformation campaign against Garland.

    National Review Has Served As The Right-Wing-Media Source For Misleading Talking Points

    National Review's Supreme Court coverage to date has continued its tradition of injecting context-free talking points into mainstream reporting on the nominee. Its legal blog, Bench Memos, has served as a testing ground for new smears against Garland, hosting several misinformation-filled posts from JCN's Severino that eventually made their way into mainstream reporting and broadcast coverage. In giving space for JCN and other right-wing legal pundits like contributor Ed Whelan to distort Garland's record, Bench Memos quickly made it clear that a lack of evidence is no reason to avoid making sweeping claims about the nominee.

    Before Garland was nominated, National Review featured posts from both Severino and Whelan that attempted to smear several potential nominees. On March 7, Whelan questioned the intelligence of Judge Ketanji Brown Jackson absent any evidence to suggest the accomplished federal judge was anything but qualified. That same day, Severino attempted to smear Judge Jane Kelly for fulfilling her constitutional duty of providing legal representation for an unsavory client while working as a public defender. In subsequent posts, Severino attacked Judges Sri Srinivasan and Paul Watford in a series aimed to undermine their reputations as "moderates" by misrepresenting a handful of their past decisions as "extremist."

    Attacks on Garland, too, began before the March 16 nomination announcement; Severino's March 11 post on Bench Memos first floated what have since become widespread and false conservative talking points on Garland's record on guns. In the post, Severino claimed that Garland's vote to rehear a 2007 case related to the D.C. handgun ban and his joining of a ruling in a 2000 case related to the FBI's National Instant Criminal Background Check System for gun purchases together indicated "a very liberal approach" to the Second Amendment and a desire to overturn the 2008 Heller Supreme Court decision on the Second Amendment. These attacks, which legal experts quickly and repeatedly debunked, continue to pervade media coverage of opposition to Garland's nomination.

    Fox Figures Have Parroted Debunked Claims, Reporting Misinformation As Fact To A Wider Audience

    Fox News figures have predictably latched onto conservative talking points to oppose Garland, broadcasting already debunked claims about Garland's record.

    On March 16, Bret Baier, host of Fox's Special Report With Bret Baier, claimed in an interview with White House Press Secretary Josh Earnest that Garland "opposed Justice Scalia's take on the Second Amendment in the Heller case," misrepresenting both Garland's 2007 vote to rehear the D.C. handgun case and the case's relationship to a Supreme Court decision issued the following year. On Fox's The O'Reilly Factor, host Bill O'Reilly further distorted JCN's talking point, incorrectly stating that Garland had "voted to keep the guns away" from private citizens in D.C., another claim about the Supreme Court nominee that PolitiFact labeled false.

    The NRA Has Launched An Opposition Campaign Based On These Recycled Talking Points

    As Media Matters warned, the National Rifle Association (NRA) quickly began pushing these right-wing media claims to justify its involvement in obstruction efforts and to fearmonger about Garland.

    Immediately following Garland's nomination on March 16, the NRA declared him "bad on guns." In a series of tweets reacting to the nomination, the NRA linked to the debunked March 11 Severino post on Bench Memos to claim that Garland would "vote to reverse" the Heller decision, and a Washington Times article pushing the same discredited claims with quotes from Severino, a spokesperson from the opposition research group America Rising Squared, and the extremist group Gun Owners of America.

    Later that day, the NRA formally announced its opposition to Garland's nomination. The move predictably mirrored the NRA's efforts to distort Sonia Sotomayor's record and to launch an unprecedented and largely ineffective ploy to threaten senators' records over their votes to confirm Sotomayor to the Supreme Court in 2009. Days later, the executive director of the NRA's Institute for Legislative Action explained the group's opposition in an op-ed in The Washington Post, regurgitating JCN's dishonest claims about Garland's 2007 en banc vote in the Parker case to fearmonger about the moderate judge.

    The NRA's opposition to Garland helped elevate JCN's long-debunked talking points on Garland all the way to Senate Republicans leading the obstruction efforts. In a March 20 appearance on Fox News Sunday, Senate Majority Leader Mitch McConnell (R-KY) explicitly cited the NRA's opposition to Garland as a sticking point for ongoing Senate obstruction, explaining that he "can't imagine that a Republican majority in the United States Senate would want to confirm, in a lame duck session, a nominee opposed by the National Rifle Association."

  • Reminder To Media: The Judicial Crisis Network Is Still Not To Be Taken Seriously

    ››› ››› PAM VOGEL

    In the weeks leading up to the March 16 nomination of Judge Merrick Garland to the Supreme Court, media outlets uncritically featured discredited conservative group the Judicial Crisis Network (JCN) and its debunked talking points attacking Garland and other potential nominees. Following Garland's nomination, some mainstream outlets continue to credulously cite the group and its false claims, even though JCN has a history of injecting misinformation into judicial nomination fights.

  • Conservative Group Leading Obstruction Effort Against Merrick Garland Previously Lauded Him

    Judicial Crisis Network -- Whose Head Called Garland "The Best Scenario" For An Obama Nominee In 2010 -- Now Warns He's "The Ideal Judge" To Move The Court Left

    Blog ››› ››› PAM VOGEL

    Following President Obama's nomination of Judge Merrick Garland to the Supreme Court on March 16, the discredited conservative legal group Judicial Crisis Network (JCN) released talking points referring to Garland as an "ideal judge" to swing the nation to the left and highlighting supposed examples of Garland's liberal ideology. But in 2010, the group's chief counsel described a potential Garland nomination in 2010 as "the best scenario we could hope for" in terms of bipartisan agreement on a Supreme Court pick.

    In keeping with the group's widely chronicled attempts to re-brand itself with shifting partisan winds and to push misleading information on Obama's past judicial nominees, the chief counsel to JCN described a potential Garland nomination in 2010 as "the best scenario we could hope for" in terms of bipartisan agreement on a Supreme Court pick.

    On March 16, as the president prepared to announce his nomination of Garland to the Supreme Court, the Judicial Crisis Network released a series of "topline points" outlining its opposition to Garland's nomination:

    WHO IS MERRICK GARLAND?

    TOPLINE POINTS:

    • President Obama wants to move the Supreme Court dramatically to the left to cement his liberal legacy for decades into the future, and Merrick Garland has been called the ideal judge to do that.
    • Judge Garland's record on the DC Circuit Court of Appeals proves that he would be a reliable fifth vote for a laundry list of extreme liberal priorities, like gutting the Second Amendment, legalizing partial-birth abortion, and unleashing unaccountable bureaucratic agencies like the EPA and the IRS.
    • Judge Garland clerked for the court's liberal icon, Justice William Brennan, and was reportedly considered for a cabinet post in President Obama's administration.
    • In multiple cases, Judge Garland has demonstrated a remarkable level of hostility toward the Second Amendment right to keep and bear arms, voting to uphold D.C.'s very restrictive gun restrictions, and siding with the federal government in its plan to retain Americans' personal information from background checks for firearm purchases.
    • Judge Garland was the only dissenter in a 2002 case striking down an illegal, job-killing EPA regulation (the "Haze Rule") that would have, in the majority's words, forced businesses "to spend millions of dollars for new technology that will have no appreciable effect" on haze in the area. Garland would have upheld the rule.
    • Judge Garland has a long record of deference to unaccountable government bureaucrats at the Department of Labor, EPA and other agencies whose regulations kill jobs and stifle economic growth.

    JCN's "topline points" state that Garland would be "the ideal judge" to "move the Supreme Court dramatically to the left" in order to "cement [Obama's] liberal legacy." The document also attacks Garland for being a "reliable fifth vote for a laundry list of extreme liberal priorities" if confirmed, and for having "clerked for the court's liberal icon, Justice William Brennan," and it pushes a debunked attack on Garland's record on the Second Amendment based on an action he took in 2007.

    But in 2010, when Obama was considering Garland as a potential nominee to succeed retiring Supreme Court Justice John Paul Stevens, JCN chief council Carrie Severino said that Garland's nomination would be "the best scenario we could hope for" to ensure bipartisan comity. From The Washington Post:

    Carrie Severino of the conservative Judicial Crisis Network said Garland may be far more liberal than his rulings indicate because he has not yet publicly staked out his position on issues such as abortion.

    "But of those the president could nominate, we could do a lot worse than Merrick Garland," Severino said. "He's the best scenario we could hope for to bring the tension and the politics in the city down a notch for the summer."

    The Judicial Crisis Network -- previously known as the Judicial Confirmation Network -- has a long history of shifting its mission along with its name. JCN was founded during the George W. Bush administration to push through Bush's often-far-right nominees, "support the confirmation of highly qualified individuals to the Supreme Court of the United States," and "ensure that the confirmation process for all judicial nominees is fair and that every nominee sent to the full Senate receives an up or down vote." The group -- which once derided "'obstructionists' for blocking votes on Bush nominees" -- changed its name and mission after President Obama took office. Its current mission is to support "only highly qualified individuals who share" a vision of "limited government."

    JCN plans to spend millions attacking the nominee and supporting obstruction. On February 18, JCN announced a "seven figure television, radio and digital advertising campaign on the importance of the Supreme Court in the upcoming presidential election." Severino described the goal of the campaign as giving "the people a voice. Let them decide in November what kind of Court they want." On February 29, Politico reported that the group was "ramping up its efforts to oppose" Obama's nominee for the Supreme Court vacancy with the release of an alarmist ad attacking the prospects of "one more liberal justice" on the court.

    JCN's support for obstructing the nominee mirrors the Senate GOP's unprecedented blockade.

  • Conservatives Have Been Praising Merrick Garland For Years

    ››› ››› PAM VOGEL

    On March 16, President Obama announced his nomination of Judge Merrick Garland to the United States Supreme Court. Garland has faced misleading and false attacks, as well as a concerted push for continued obstruction of any Supreme Court nominee chosen by Obama. However, some of the same conservative officials and pundits have previously lavished Garland with praise arguing that he would be a "consensus nominee" representing "the best scenario" for bipartisan support.

  • Here Are The Big Players In The Inevitable Smear Campaign Against Judge Merrick Garland

    ››› ››› PAM VOGEL

    As President Obama reportedly prepares to announce Judge Merrick Garland to fill the vacancy on the Supreme Court, media should be prepared to hear from several right-wing groups dedicated to opposing the nominee, no matter who it is. These advocacy groups and right-wing media outlets have a history of pushing misleading information and alarmist rhetoric to launch smear campaigns against Obama's highly qualified Supreme Court nominees, using tactics including, but not limited to, spreading offensive rumors about a nominee's personal life, deploying bogus legal arguments or conspiracy theories, and launching wild distortions of every aspect of a nominee's legal career.

  • Myths And Facts On The Nomination Of Judge Merrick Garland To The Supreme Court

    ››› ››› ZACHARY PLEAT, TIMOTHY JOHNSON & PAM VOGEL

    Since the lead-up to President Obama's March 16 nomination of Judge Merrick Garland to the Supreme Court, the judge has faced misleading and false attacks, as well as a concerted push for continued obstruction of any Supreme Court nominee chosen by Obama. Here are the facts about the nominee, previous lines of right-wing attack, and information on the nomination and confirmation processes going forward.