Fox News distorted the testimony of Attorney General Eric Holder to claim that he committed perjury before the House Judiciary Committee last week.
It was recently revealed that the Justice Department obtained a search warrant for the communications records of Fox News reporter James Rosen in an effort to track down a leaker who provided him with classified information on North Korea in 2009. On May 15, during a hearing of the House Judiciary Committee, Rep. Hank Johnson (D-GA) asked Holder about the warrant and the potential for prosecuting journalists accused of publishing classified information that they obtained from government sources. Holder responded (emphasis added):
With regard to the potential prosecution of the press for the disclosure of material. That is not something that I've ever been involved in, heard of, or would think would be a wise policy.
On May 24, the Justice Department released a statement clarifying Holder's involvement in the approval process for the warrants in question (emphasis added):
"The Department takes seriously the First Amendment right to freedom of the press. In recognition of this, the Department took great care in deciding that a search warrant was necessary in the Kim matter, vetting the decision at the highest levels of the Department, including discussions with the Attorney General. After extensive deliberations, and after following all applicable laws, regulations and policies, the Department sought an appropriately tailored search warrant under the Privacy Protection Act. And a federal magistrate judge made an independent finding that probable cause existed to approve the search warrant."
Fox News' Special Report on May 24 argued that these statements were inconsistent and concluded that the Attorney General had previously lied to the Judiciary Committee and thus had committed perjury. Host Shannon Bream began the show stating, "It's his story, but he's not sticking to it," claiming that Holder has "chang[ed] his tune" on his involvement in the scrutiny of journalists. Contributor Steve Hayes claimed that Holder's two statements were "incongruent" and Charles Krauthammer speculated that it may be "a case of perjury."
In fact, the statements are not "incongruent" whatsoever. Holder's comments to the Judiciary referred to the possibility of prosecuting journalists for publishing classified information, but that is not the crime the Justice Department's warrant accused Rosen of committing. DOJ investigators were concerned with Rosen's solicitation of classified information, not any subsequent publication of it. Wired explained (emphasis added):
According to the affidavit (.pdf), FBI Agent Reginald Reyes told the judge there was probable cause to believe that Rosen had violated the Espionage Act by serving "as an aider, abettor and/or co-conspirator" in the leak. The Espionage Act is the same law that former Army intelligence analyst Bradley Manning is accused of violating when he leaked information to the secret-spilling site WikiLeaks.
To support his assertion, Reyes quoted an email exchange between Kim and Rosen, in which Rosen told him that he was interested in "breaking news ahead of my competitors" and had a particular interest in "what intelligence is picking up." He also told Kim, "I'd love to see some internal State Department analyses."
The suggestion was that Rosen broke the law by soliciting information from Kim, something that all journalists do routinely with sources.
Nonetheless, the federal judge found there was probable cause to believe that Rosen was a co-conspirator and approved the warrant.
In other words, Holder's on-the-record denial of involvement in any prosecution of news organizations for publishing classified information in no way conflicts with any knowledge he may have possessed or action the DOJ may have taken against reporters for soliciting said information. Fox's perjury accusations simply don't align with the facts.
Fox News figures are using newly released internal emails to falsely suggest that the intelligence community never connected the attack in Benghazi, Libya to protests against an anti-Islam video. In fact, every version of the talking points, including the CIA's original draft, linked the attack to protests at the U.S. Embassy in Cairo, which were part of a series of global riots and protests that were partly in response to increased awareness of the video.
On May 15, the White House released more than 100 pages of emails about the September 2012 attacks in Benghazi, Libya. The Los Angeles Times noted of the emails: "Even the very first version of the talking points suggests that the attack was inspired by the protests in Cairo over the anti-Muslim video, a perfectly plausible supposition at the time. That undermines the Republican claim that administration officials concocted the notion of a Benghazi protest to protect the president from a perception that Al Qaeda was ascendant again." Indeed, the original version of the talking points produced by the CIA's Office of Terrorism Analysis stated:
The currently available information suggests that the demonstrations in Benghazi were spontaneously inspired by the protests at the U.S. Embassy in Cairo and evolved into a direct assault against the U.S. diplomatic post and subsequently its annex. There are indications that extremists participated in the violent demonstrations.
But Fox News figures have ignored this to predictably use the emails to criticize the Obama administration for misleading Americans when officials publicly linked the Benghazi attacks to the anti-Islam video.
It was just ten days ago that Stephen Hayes of The Weekly Standard reported "fresh evidence emerged that senior Obama administration officials knowingly misled the country about what had happened in the days following the assaults" last September on U.S. diplomatic facilities in Benghazi, Libya.
Hayes' report was based on email exchanges described in a politicized report issued by House Republicans along with a timeline detailing when the emails were sent and the names of two of the participants provided most likely by Republican sources on Capitol Hill. Jonathan Karl of ABC News would later write a similar piece after receiving summaries of those emails, likely from a similar source. Never mind that this conversation is in itself a sideshow from the real question of the actual mistakes that led to the tragic death of Ambassador Chris Stevens and three others in Benghazi as laid out in the Accountability Review Board report. The DC media quickly swarmed into the sort of feeding frenzy phenomenon native to Washington. Finally, after months of fruitless effort to uncover evidence of an attempt by the administration to politicize the Benghazi talking points, the right thought they had proof to justify their conspiracies.
Fast forward a few days and the email conversations between those editing the talking points are available for public view. And as it turns out the perceptions drawn by Hayes and Karl did not match reality.
On May 15 the White House released the full email chain regarding the much-discussed Benghazi talking points, and in doing so deflated conservative and Republican allegations that the administration had engineered a politically minded "cover-up" of the circumstances surrounding the September 2012 attack on the diplomatic facility. The release of those talking points was spurred in no small part by separate reports from The Weekly Standard and ABC News that wrongly suggested the White House's overriding concern in editing those talking points was helping the State Department dodge political attacks from Republicans.
Now that the actual emails are in the public record, we can go back and see exactly what errors ABC and The Weekly Standard made that helped lead us to this point.
(For an easier-to-navigate version of the email chain, check out Yahoo News' interactive feature.)
Weekly Standard writer Stephen F. Hayes' article for the May 13 edition of the magazine noted that after the initial draft of the talking points was sent, State Department spokeswoman Victoria Nuland "responded to raise 'serious concerns' about the draft." Hayes, working primarily off a House GOP report on Benghazi, wrote that Nuland "worried that members of Congress would use the talking points to criticize the State Department for 'not paying attention to Agency warnings.'" That was, we now know, an incomplete description of Nuland's email, and made it seem as though her only concern was protecting that State Department from political attacks.
Right-wing media are using a congressional hearing to push new myths about the Obama administration's response to the September 11, 2012 attacks on a U.S. diplomatic facility in Benghazi, Libya. In fact, these myths are discredited by previous congressional reports and testimony, which show that the politicized nature of the hearings come from right-wing media and Congressional Republicans, that the military could not have rescued personnel from the second attack, that the administration was in constant communication at all levels during the attacks, and that the intelligence community believed there was a link to an anti-Islam video at the time of the attacks.
Fox News contributor Steve Hayes claimed that federal agencies "never" overestimate the costs of regulation to suggest that a new rule to reduce smog-creating pollutants will cost more than the Environmental Protection Agency predicts. But studies have found that the EPA previously overestimated the cost of regulating the same pollutant, and has historically overestimated costs.
The EPA estimates that reducing the amount of sulfur in gasoline, which contributes to smog, will add less than a penny to the price of a gallon of gasoline. Hayes suggested on Special Report that the EPA's estimate is too low, saying "of course there is going to be more cost":
Regression analysis shows that Tier 2 regulations, which required a reduction in the average sulfur content of gasoline from 300 ppm to 30 ppm, had no material impact on the retail price of gasoline.
The EPA estimated that Tier 2 would increase the average cost of refining gasoline by about two cents per gallon, and that Tier 3 will increase the average cost of refining gasoline by one cent per gallon. Because Tier 2 had no material impact on the retail price of gasoline, it is unlikely Tier 3--projected to generate private costs half the size of those generated by Tier 2--will have any impact either.
And a 2010 review by Resources for the Future found that the EPA "tend[s] to overestimate the total costs of regulations," noting that the agency overestimated costs for 14 of the rules it examined and only underestimated costs for 3 rules.
Industry estimates of regulatory costs have been shown to be even more overblown in retrospective studies. Keeping with this historical trend, the American Petroleum Institute claims that EPA's latest rule would raise gas prices by 6 to 9 cents, but its analysis didn't assess the rule that was ultimately proposed by the EPA, which provides significant flexibility to refineries.
A Bureau of Labor Statistics (BLS) report released Tuesday finds that green jobs grew four times faster in 2011* than jobs in other sectors, continuing a trend of rapid growth in the U.S. But Fox News is still pushing the narrative that investing in clean energy is a "boondoggle."
The U.S. added more than 150,000 green jobs in 2011, including more than 100,000 construction jobs and 14,000 manufacturing jobs. In total, the green sector now employs more than 3.4 million workers in the U.S. The following chart shows that green jobs in the private sector increased in nearly every category in 2011:
This is not a new trend: the Brookings Institution previously found that the clean economy added half a million jobs between 2003 and 2010, and that clean tech jobs grew "more than twice as fast as the rest of the economy" during that period.
As the Los Angeles Times noted, the recent growth in green jobs "parallels a surge in public and private money" invested in clean energy in 2011.
Nevertheless, Fox News continues to distort the facts in an effort to portray government investments in clean energy as a waste of money. Fox News' Brit Hume claimed in 2011 that the Obama administration's green investments have "utterly failed to produce meaningful jobs." Last month, the Weekly Standard's Stephen Hayes claimed on Fox News that "we haven't seen many gains" from these investments. Just this week, Neil Cavuto said on his Fox Business show that Obama's green initiatives have "not had the big tangible jobs bang for the buck that you would think."
Faced with clear evidence that clean energy investments are paying off, will Fox change its tune?
*2011 is the most recent year for which the Bureau of Labor Statistics has collected data.
From the February 15 edition of Fox News' Special Report with Bret Baier:
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Fox News is raising the red herring of Solyndra to attack President Barack Obama's proposal for an alternative vehicle research fund as a potential waste of "taxpayer dollars." But the proposal would be funded by existing fees on oil and gas companies and has received bipartisan support for its potential to improve our energy security.
The government currently collects over $10 billion a year in fees from oil and gas companies drilling on federal lands. In his 2013 State of the Union address, President Obama proposed directing $200 million of that, or a total of $2 billion over 10 years, toward research into alternative transportation technology including vehicles that can run on electricity, biofuels or natural gas. The program would aptly be named the "Energy Security Trust," as it would work to reduce our dependence on oil. A White House spokesman told Bloomberg News that the proposal "wouldn't add to the debt because money would be shifted from other programs." Yet Fox News' America's Newsroom suggested on Thursday that the administration would be using "taxpayer dollars," adding to the debt:
To help recap and analyze last night's presidential debate, Fox News' America's Newsroom trotted out a string of former Bush administration officials -- including Donald Rumsfeld and John Bolton -- to pile accolades on Mitt Romney's performance and attack President Obama. The Bush veterans were joined by several conservative commentators, Romney surrogates, and the occasional Democrat.
Below is the list of non-reporter guests America's Newsroom featured this morning to comment on the debate, in order of appearance.
John Bolton: Romney foreign policy advisor, George W. Bush's ambassador to the United Nations, and advocate of bombing Iran.
Sen. Rob Portman (R-OH): Office of Management and Budget director under George W. Bush, Romney surrogate, and Romney's debate coach.
Donald Rumsfeld: Secretary of Defense under George W. Bush who praised Romney's "terrific" speech at the Virginia Military Institute earlier this month.
Gen. Wesley Clark: Former Democratic candidate for president and Obama campaign advisor.
Sen. Roy Blunt (R-MO): Romney surrogate.
Bob Beckel: Democratic strategist and Fox News host.
Andrea Tantaros: Republican strategist and Fox News host.
During the October 22 presidential debate, conservative media took to Twitter to launch personal attacks against President Obama in an attempt to criticize his performance and distract from Mitt Romney's lies.
Conservative commentator Ann Coulter referred to Obama as "the retard":
Fox News contributor Stephen Hayes wrote, "Seems to me President Obama's condescension has crossed the line from aggressive to disrespectful. Will voters like him mocking Romney?"
Fox News has launched a cover up of Mitt Romney's debate falsehood that President Obama waited 14 days before calling the deadly September attack on the U.S. consulate in Benghazi, Libya, an act of terror.
While debate moderator Candy Crowley immediately corrected Romney's falsehood during the October 16 presidential debate, pointing out that Obama called the attack an act of terror during his first public comments after it occurred, Fox anchor Bret Baier started the Fox cover up during the network's post-debate coverage. Baier claimed Obama wasn't "specifically speaking about Benghazi" when he referred to the attack on September 12 as an act of terror, but rather was speaking "generically."
Sean Hannity followed suit, claiming that Obama was actually referring to the September 11, 2001, attacks. Straight news anchor John Roberts said that because the remarks "came at the end" of his speech, it's unclear that Obama was referring to Benghazi.
Fox's effort to cover up Romney's debate falsehood continued throughout its October 17 coverage. Watch:
At the same time Fox was trying to deflect from one Romney debate falsehood, they were completely ignoring many other Romney falsehoods from the debate, including his debunked boast that his economic agenda will be responsible for creating 12 million new jobs in 4 years.
Fox News misrepresented Mitt Romney's statement that supporters of President Obama are the 47 percent of Americans who "pay no income tax" and "believe that they are victims."
Fox claimed that Romney was actually talking "about our country becoming an entitlement society and too dependent on government," and presented polling showing that most Americans agree with him.
But Romney's 47 percent remark was not simply an argument that Americans are becoming "too dependent on the government," as Fox anchor Gregg Jarrett and the poll claimed. Romney disparaged Obama supporters, saying:
ROMNEY: There are 47 percent of the people who will vote for the president no matter what. All right, there are 47 percent who are with him, who are dependent upon government, who believe that they are victims, who believe that government has a responsibility to care for them, who believe that they are entitled to health care, to food, to housing, to you-name-it. That that's an entitlement. And the government should give it to them.
Romney also declared: "My job is not to worry about those people. I'll never convince them they should take personal responsibility and care for their lives."
But on Happening Now, Jarrett and his guest Steve Hayes hyped the findings of a Fox News poll that asked respondents if they agreed with "what Mitt Romney said on the tape about our country becoming an entitlement society and too dependent on government." Jarrett claimed that 63 percent of Americans think Romney is right. Jarrett's guest Steve Hayes said that while Romney "made an argument that had some problems with it," it is "indisputable" that Romney's "broader case is true."
Fox has defended Romney's comments since they were first revealed, but it seems clear the only way the network can get Americans to buy into its defense of the comments is by mischaracterizing them.
Right-wing media have pushed numerous myths about the attack on the U.S. consulate in Benghazi, Libya, and protests in the Middle East, from distorting the Obama administration's response to the attacks to misleading about the nature of security at the Benghazi consulate.
From the September 21 edition of Fox News' Happening Now:
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