Right-wing media are continuing to claim Attorney General Eric Holder lied under oath because of a a search warrant request that included Fox News reporter James Rosen, a myopic smear conservative legal experts are warning is baseless.
Picking up where Fox News and Washington Post blogger Jennifer Rubin left off, The Wall Street Journal is repeating Republican politicians' attack that either Holder perjured himself in a May 15 statement before Congress as to whether journalists were improperly surveilled or a 2010 affidavit in a search warrant request for the criminal investigation of a State Department employee's leak of classified information was "false." From a June 2 WSJ editorial:
In its 2010 affidavit seeking a warrant to search the email of Fox News reporter James Rosen, Justice said there was "probable cause" to believe Mr. Rosen "has committed or is committing a violation" of the Espionage Act "as an aider and abettor and/or co-conspirator." That sounds like a serious criminal charge, and Mr. Holder personally approved the warrant request.
Yet now, amid a media uproar, Mr. Holder's spinners are saying Justice never intended to prosecute Mr. Rosen. But if that's true, then the Department's warrant affidavit contained false claims about Mr. Rosen. Prosecutorial dishonesty is more common than it should be, but Justice officials don't usually cop to it as a way of defending an Attorney General. Should judges assume that the "probable cause" and "co-conspirator" claims in Justice's next warrant request are also a ruse?
Right-wing media continue to push the incorrect and narrow claim that Holder perjured himself by testifying that "[i]n regard to potential prosecution of the press for the disclosure of material -- this is not something I've ever been involved in, heard of, or would think would be wise policy," although Rosen had been previously named as a possible "co-conspirator" for soliciting classified information from a government official who was allegedly violating the Espionage Act.
Beyond the credibility problems of this selective outrage, conservative and libertarian legal experts are now raising another issue that this scandal-mongering is missing: right-wing media's cries of perjury are completely unsupportable.
As Fox News continues to push for a special prosecutor to investigate the Obama administration, the Wall Street Journal's editorial board has come out in opposition to that idea in favor of congressional investigations that will extract a "political price."
Characterizing this movement as "dumber follows dumb," the Wall Street Journal -- like Fox News, owned by News Corp. -- has come out in opposition to a special prosecutor for the IRS' politicized handling of nonprofits in a May 29 editorial.
The Journal argues that these investigations are "best handled in Congressional hearings" and that calls for a special prosecutor are "cheap political grace." But the paper doesn't urge this course of action for because it's simply seeking an unbiased finding of what went wrong and how to fix it. The Journal writes that instead of waiting for "potential indictments" -- which the board warns "would extend well past the 2014 election" -- hearings should take place to "educate the public" so that the White House will be forced to assert executive privilege which will carry a "political price."
So while Fox News makes a dishonest case for an open-ended investigation by a special prosecutor in order to paint the Obama administration in the worst possible light, their colleagues at the Journal supportcongressional investigations which they believe would help Republicans at the ballot box.
The Wall Street Journal demonstrated why a Senate rule change that prevents filibusters against executive and judicial nominations may be overdue when it baselessly opposed yet another of President Obama's picks.
Continuing its seemingly knee-jerk resistance to any and all of the president's nominations, the WSJ recently pushed the GOP to oppose making Tony West's job of acting associate attorney general permanent without a legitimate reason for obstruction. Rather, the WSJ floated the idea that West should be opposed because he worked at the same address as Labor Secretary nominee Thomas Perez and was consulted on a civil rights case that the WSJ has scandal-mongered. From WSJ editorial board member Mary Kissel's column:
[S]enators shouldn't miss the chance to explore Mr. West's acquiescence in the legal quid pro engineered between late 2011 and early 2012 by his colleague, Justice civil-rights chief, Thomas Perez.
[West has] promised to "work to ensure that legitimate whistleblowers are taken seriously and treated fairly and lawfully."
Did Mr. West change his mind about that statement, or did he let Mr. Perez make decisions about an important case--one that could have netted taxpayers some $200 million--on his behalf? Either way, the episode raises questions about his legal judgment. That may not be enough to stall his confirmation, but Mr. West certainly deserves scrutiny for this sorry episode.
Kissel has a record of identically using this smear against anyone "involved in 'communications'" with Perez on this matter. Such targets include the president's most recent nomination to the U.S. Court of Appeals for the D.C. Circuit, the bipartisan-supported Principal Deputy Solicitor General Srikanth Srinivasan. Senate Majority Leader Harry Reid (D-NV) recently indicated that he has reached his breaking point with the parallel GOP obstructionism to the president's nominations, fueled by right-wing media such as the WSJ.
The Wall Street Journal called for reform that would lighten the tax burden on corporations without noting that corporate tax revenue has reached historic lows in a time of historically high profits.
Following the May 21 Senate hearing into Apple's strategies to lighten its corporate tax burden, a Wall Street Journal editorial argued that the real issue was not the company's ability to dodge taxes, but the fact that U.S. corporate taxes are "the developed world's highest." The editorial concluded that the U.S. should lower its corporate tax rate to "ideally zero, but 12.5% also works."
The editorial's main argument that U.S. corporate taxes are too high hinges upon pointing to statutory corporate tax rates. In defending Apple's practices, it explains:
The genuine outrage is that Apple's profits in the U.S. are subject to a combined state and federal statutory tax rate of 39.1% that is the developed world's highest. Corporate taxation is so heavy in the U.S. relative to other countries that even while enjoying its near-zero rate in Ireland, Apple ends up with roughly the same overall effective tax rate, 14%, as South Korea's Samsung, its main global competitor.
The editorial cites statutory instead of effective tax rates for a reason. While the U.S. may rank among the world's highest in statutory corporate tax rates, what corporations typically pay is substantially lower. According to Goldman Sachs' David Kostin, in the last 45 years, the median S&P 500 firm has paid a tax rate that is substantially lower than the statutory rate due to special tax preferences, subsidies, and loopholes. Furthermore, most recent data suggest that the median firm pays an effective tax rate of 30 percent -- a full 9 percentage points below the statutory rate:
And according to the Wall Street Journal's own reporting, in FY2011, corporate tax receipts as a share of profits fell to their lowest level in 40 years. Indeed, as ThinkProgress notes, even as corporate profits have hit a 60-year high, the tax burden on U.S. corporations has hit a historic low. Furthermore, in recent years, corporate tax receipts as a percentage of total government revenue have significantly declined:
The Journal's claim that corporate taxation in the U.S. is high because of its statutory rate relative to the rest of the world also doesn't stand up to scrutiny. According to Citizens for Tax Justice, citing U.S. statutory rates in comparison to other countries is inherently misleading:
Many corporate leaders have noted that other OECD countries have lowered their corporate tax rates in recent years, but fail to mention that these countries have also closed corporate tax loopholes while the U.S. has expanded them. As a result, the U.S. collects less corporate taxes as a share of GDP than all but one of the 26 OECD countries for which data are available.
While there is broad bipartisan support for reforming the corporate tax code, The Wall Street Journal's misleading portrayal of corporate taxes stacks the deck in favor of corporations lowering their historically low tax burden.
The Wall Street Journal opinion page is turning into the go-to source for documenting President Obama's supernatural influence over the thoughts and actions of IRS employees. Reagan DOJ veterans David Rivkin and Lee Casey wrote a May 21 Journal op-ed arguing that fault for the IRS's inappropriate targeting of conservative non-profit applicants lies with the president. "The Obama administration made clear its deep dislike of Citizens United and of the various new conservative groups spawned by the 'tea party' movement," they wrote, and "the IRS has always been well-attuned to even subtle guidance from the White House." That argument was borrowed from Kimberley Strassel's May 17 Journal column: "All [Obama] needed to do was exactly what he did do, in full view, for three years: Publicly suggest that conservative political groups were engaged in nefarious deeds."
This notion of bureaucrat whispering is, in isolation, a pretty big stretch. But the tableau created by Rivkin and Casey, in which politically savvy IRS employees scrutinize the president's every syllable and gesture with decoder rings at the ready, is ludicrous given what we now know about the tax agency office in Cincinnati where groups had their non-profit applications scrutinized. According to the New York Times, it was an understaffed, chaotic mess that got into trouble because it lacked guidance:
Overseen by a revolving cast of midlevel managers, stalled by miscommunication with I.R.S. lawyers and executives in Washington and confused about the rules they were enforcing, the Cincinnati specialists flagged virtually every application with Tea Party in its name. But their review went beyond conservative groups: more than 400 organizations came under scrutiny, including at least two dozen liberal-leaning ones and some that were seemingly apolitical.
Over three years, as the office struggled with a growing caseload of advocacy groups seeking tax exemptions, responsibility for the cases moved from one group of specialists to another, and the Determinations Unit, which handles all nonprofit applications, was reorganized. One batch of cases sat ignored for months. Few if any of the employees were experts on tax law, contributing to waves of questionnaires about groups' political activity and donors that top officials acknowledge were improper.
From the Times report, it seems like there's a lot to be said regarding the IRS's inefficiency and "dysfunction," to borrow from a former IRS employee quoted by the paper. But this notion that low-level bureaucrats are standing ready to receive secret political communiques from the president is an invention of conservative pundits looking to bridge the considerable distance between the fumbling IRS employees in Ohio and the Oval Office.
The Wall Street Journal is endorsing Republican Sen. Chuck Grassley's absurd claim that the U.S. Court of Appeals for the D.C. Circuit doesn't need to fill its judicial vacancies, a position the senator didn't take when he was helping confirm former President George W. Bush's right-wing judges.
Despite the newspaper's own reporting on the rampant GOP obstructionism that has prevented President Obama from easing the judicial emergencies caused by vacancies in the federal courts, the editorial page of the WSJ continues to applaud Republican filibusters of the president's nominations.
The most recent example is the WSJ's stamp of approval for Grassley's disingenuous proposal to reduce the number of non-senior seats on the D.C. Circuit from 11 to eight, thereby preventing the current Democratic president from nominating judges to this appellate bench considered second in importance only to the Supreme Court. From the editorial:
It's good to be the king. When the federal courts overturn your Administration's rules or find decisions unconstitutional, you can pack them with judges more likely to rule your way. That seems to be the working theory at the White House, where word is that President Obama is close to nominating several new judges to sit on the D.C. Circuit Court of Appeals.
The court doesn't need the judges. The D.C. Circuit is among the most underworked court in the federal system. Lawyers can under most statutes now bring challenges to federal agencies in either the D.C. or a local circuit. Liberals prefer the Ninth Circuit, while conservatives used to favor the Fourth but might now choose the Fifth. In any case this means fewer cases for D.C.
Last year the D.C. Circuit saw 108 appeals per authorized judge, compared to roughly four times as many on the Second and Eleventh Circuits--the country's busiest. And the court's workload is trending down. Even if the court had only eight authorized judges, its docket would still be among the lightest in the country.
Mr. Obama ought to settle for adding [recent nominee and Principal Deputy Solicitor General Srikanth "Sri" Srinivasan] to the court. If he insists on trying to pack it, Republicans should just say no.
The editorial - like Grassley's plan - is extremely inaccurate, merely another transparent excuse to justify the relentless and unprecedented Republican filibusters of President Obama's judicial nominations.
As of this writing, there is no indication that the IRS's inappropriate targeting of conservative political groups has any connection whatsoever to the White House. And some conservative talking heads are even acknowledging as much. But they're not letting that stop them from naming Barack Obama as the culpable party, arguing that the president is responsible due to his preternatural ability to bend the average bureaucrat to his maleficent will from afar.
It all started with RedState founder Erick Erickson, who wrote on May 15 that "Barack Obama never specifically asked that tea party groups and conservatives be targeted." But...
But by both his language and the "always campaigning" attitude of his White House, he certainly sent clear signals to Democrats with the power and ability to fight conservatives to engage as they could. Given his rhetoric against his political opponents, it is no wonder sympathetic Democrats in the Internal Revenue Service harassed and stymied conservative groups and, though little mentioned, pro-Israel Jewish groups and evangelical groups.
"President Obama did not have to tell the IRS specifically to harass conservative, evangelical, and Jewish groups who might oppose him," Erickson observed. "His rhetoric on the campaign trail and in the permanent campaign of the White House operations made clear what he wanted."
A Wall Street Journal article highlighted Republican complaints that references to Al Qaeda and related terrorist organizations were removed from unclassified talking points on the Benghazi, Libya, attack on a U.S. diplomatic facility but failed to note that those references were removed to avoid compromising a criminal investigation and tipping off those terrorist organizations.
In a May 14 article about the Obama administration's release of more than 100 pages of emails showing the editing process behind unclassified talking points about the Benghazi attacks, the Journal channeled Republican critiques that references to Al Qaeda were removed to intentionally mislead the American public about what occurred in Benghazi:
The talking points were meant to provide a first public account of the attacks on U.S. posts in Benghazi, which claimed the lives of U.S. Ambassador Christopher Stevens and three other Americans.
The very first set of talking points said "extremists with ties to al Qaeda" took part in the attacks. The final product made no reference to al Qaeda, but to extremists.
United Nations Ambassador Susan Rice used the talking points as the basis of the administration's explanation of what happened in the assault in a series of television interviews Sept. 16, 2012, five days after the attacks.
Republicans have said the talking points show the administration misled the public about the role of al Qaeda. Democrats charge the GOP with trying to damage the standing of former Secretary of State Hillary Clinton, a 2016 Democratic presidential prospect.
But the removal of references to Al Qaeda and other terrorist organizations weren't designed to mislead anybody but terrorists. The New York Times reported in November that former CIA Director David Petraeus told lawmakers in congressional testimony that the names of terrorist organizations suspected of participating in the attacks "were removed from the public explanation of the attack immediately after the assault to avoiding alerting the militants that American intelligence and law enforcement agencies were tracking them."
Additionally, the release of the talking points emails shows that the CIA's general counsel was concerned about naming specific groups because it could "conflict with express instructions from NSS/DOJ/FBI that, in light of the criminal investigation, we are not to generate statements with assessments as to who did this." The emails also show State Department spokesperson Victoria Nuland expressing concern that naming the terrorist groups possibly involved might "prejudice the investigation."
In contrast to the Journal's report, The Washington Post included explanations about why references to specific terrorist organizations were removed from the talking points:
According to the e-mails and initial CIA-drafted talking points, the agency believed the attack included a mix of Islamist extremists from Ansar al-Sharia, a group affiliated with al-Qaeda, and angry demonstrators.
White House officials did not challenge that analysis, the e-mails show, nor did they object to its inclusion in the public talking points.
But CIA deputy director Michael Morell later removed the reference to Ansar al-Sharia because the assessment was still classified and because FBI officials believed that making the information public could compromise their investigation, said senior administration officials, who spoke on the condition of anonymity to describe the internal debate.
A senior administration official said Wednesday that the only indication the CIA had at that point that Ansar al-Sharia was involved was a single piece of intelligence, whose existence it did not want to reveal lest its sources and methods be compromised.
Right-wing media are increasingly and uniformly pushing the "personhood" position in their anti-choice attacks, an absolutist argument that equates fetuses with persons and goes beyond repealing Roe v. Wade to banning all abortions.
As recently as the 2012 presidential campaign, the GOP standard bearer claimed that although he opposed Roe v. Wade, he supported standard exceptions to abortion restrictions, and overturning 40 years of reproductive rights precedent would merely "return to the people and their elected representatives the decisions with regards to this important issue." This so-called moderate Republican position on "limits on abortion" was endorsed by prominent right-wing media figures such as Jennifer Rubin of The Washington Post, who assured her readers that "the GOP isn't waging a 'war on women'; it is waging a war on abortion on demand."
Now that the election is over, Rubin is following the lead of right-wing media and using convicted murderer Kermit Gosnell to attack extremely rare and mostly prohibited late-term abortions, by arguing a "baby is far more than a fetus" or a "a clump of cells" because "there's a lot of science out there that...allows us to save these children." From Rubin's appearance on the May 13 edition of Fox News' America Live:
We're talking about infants that if they would be operated on, for example, by a surgeon at 24 weeks, would likely survive. As you say, you can take sonogram, you can see them sucking their thumb, they respond to music, there's all sorts of indications that that baby is far more than a fetus, which is the way the pro-abortion lobby likes to refer to it. And I think this makes Americans confront that. The president doesn't want to talk about it. He goes out and talks to Planned Parenthood, and says I'm all with you folks, and those are the people who want abortion on demand for any reason, any place, any time.
I think one of the problems that the abortion lobby is having is the science. They say conservatives don't like science. Well, there's a lot of science out there that not only allows us to save these children but also allows you to see them. And to obtain an indication that this is something far more than just a clump of cells.
In falsely comparing Gosnell's killing of newborns with legal abortion, Rubin is making an important rhetorical shift that is being repeated elsewhere on Fox News. On May 14, Fox News co-host of The Five, Andrea Tantaros, did the same:
[Gosnell's conviction] gives the pro-life movement an argument against the pro-abortion movement, which is they continue to argue, argue, argue in favor of abortion. However, this court just said, you kill a baby outside the womb, it's murder. But what about a baby inside of the womb? That question has to be answered. And I think that this does give the pro-life movement some fuel for their fight.
The New York Times, The Washington Post, and The Wall Street Journal provided incomplete reporting of GOP criticism that President Obama downplayed the role of terrorism in the attacks on a U.S. diplomatic compound in Benghazi, Libya. None of these newspapers provided their readers with Obama's actual comments labeling the attacks an "act of terror," thereby giving undue weight to Republican attacks.
The Wall Street Journal debunked the false equivalency of its editorial page that insists the current GOP blockade on President Obama's judicial nominees is unremarkable "turnabout" and merely follows "filibuster precedent" set by Democrats.
In a May 13 article, the WSJ's Washington Bureau Chief Gerald F. Seib detailed the unprecedented Republican obstructionism of the president's agenda, which not only attempts to nullify his policy initiatives by hamstringing executive agencies, but more seriously by filibustering his picks for the federal courts.
As explained by Seib, the Republican refusal to allow up or down votes on President Obama's judicial nominations is both unparalleled and has turned the Senate into an "embarrassment to itself...that increasingly infects the rest of government with its paralysis." From his May 13 article:
The Obama administration must shoulder some blame for this predicament. It has been slower than its predecessors to vet and nominate judicial candidates.
But the lion's share of the blame lies with the Senate, a body that's becoming an embarrassment to itself and that increasingly infects the rest of government with its paralysis.
This problem has been building for years. A recent study by the nonpartisan Congressional Research Service shows that even noncontroversial judicial appointments--those that ultimately got bipartisan support and easily passed the Senate--are having to wait longer for confirmation across the past four presidencies of both parties.
As Republicans note, Democrats set the stage for today's problems by filibustering George W. Bush's judicial nominees. Now the problem has grown worse in the Obama years, as Republicans turn the tables and bottle up Democratic nominations.
The study found that 35.7% of George W. Bush's noncontroversial circuit-court nominees had to wait more than 200 days for confirmation--up from 22.2% for Bill Clinton. During the Obama presidency, that percentage has soared to 63.6%. No Obama circuit-court nominee has been confirmed in less than 100 days.
What's more, previously only more-sensitive appeals-court nominations were filibustered; now it's also less-sensitive district-court nominations.
A Wall Street Journal editorial asked questions that have already been answered regarding military deployments in response to the Benghazi attack when it rehashed false claims that U.S. military forces were not deployed to the region around Benghazi, Libya, and suggested that political considerations hampered a quicker response.
In a May 12 editorial, the Journal suggested that military forces were not sent to respond to the September attack on a U.S. diplomatic facility in Benghazi and dismissed explanations offered by the military and the Obama administration about why a quicker response was not possible:
One issue worth more examination is which U.S. and NATO military assets were available in the region to respond to the attack, and why they didn't. The White House and Pentagon insist there was nothing within range that would have made a difference, but we also know that military officers respond to the political tone that civilian officials set at the top.
Did the well-known White House desire to retreat from Libya influence the ability and willingness of military officials to respond in real time? The lives of Americans around the world could hang on the answer.
In fact, former Defense Secretary Robert Gates, who served under both Obama and George W. Bush, confirmed the Pentagon and administration assertions that military forces could not have responded to the attack in enough time to prevent any casualties. In a May 12 Face the Nation appearance, Gates argued that the notion that any military forces could have responded in time to possibly avert further attacks without being in harm's way was a "cartoonish impression of military capabilities."
Furthermore, it is known that "there was nothing within range that would've made a difference" because those assets were deployed. During a February 7 Senate hearing about the Benghazi attack Defense Secretary Leon Panetta explained that President Obama ordered him to "do whatever you need to do in be able to protect our people there." In that vein, Panetta ordered two anti-terrorism security teams stationed in Spain to deploy to Libya and another special operations team to deploy to the region. The anti-terrorism team headed to Libya arrived after the attack. From the November 2, 2012 CBS News timeline of the Benghazi attack:
Midnight (6 p.m. ET) Agents arrive at the annex, which receives sporadic small-arms fire and RPG rounds over a roughly 90-minute period. The security team returns fire and the attackers disperse.
Over the next two hours, Sec. Panetta holds a series of meetings and issues several orders: Two Fleet Antiterrorism Security Team (FAST) platoons stationed in Rota, Spain prepare to deploy - one to Benghazi and the other to the Embassy in Tripoli; A special operations team in Europe is ordered to move to Sigonella, Sicily - less than one hour's flight away from Benghazi; An additional special operations team based in the U.S. is ordered to deploy to Sigonella.
Around 7 p.m. (1 p.m. ET): Americans are transported out of Tripoli on a C-17 military aircraft, heading for Ramstein, Germany.
Around 8 p.m. (2 p.m. ET): U.S. special forces team arrives in Sigonella, Sicily, becoming the first military unit in the region.
Around 9 p.m. (3 p.m. ET): A FAST platoon arrives in Tripoli.
The Wall Street Journal applauded another anti-worker decision of the extremely conservative U.S. Court of Appeals for the D.C. Circuit and touted its escalating attacks on the National Labor Relations Board.
The D.C. Circuit is considered second only to the Supreme Court in importance because it has jurisdiction over the bulk of challenges to government action and regulations ranging from national security to environmental law. It is currently skewed to the far right, due to a highly successful court-packing effort by the Republican Party. The results have been predictably devastating for government protections that offend big business sensibilities.
The National Labor Relations Board (NLRB) - frequent bogeyman of the right - has been a victim of this ideological bias, and the WSJ highlighted the D.C. Circuit's radical decision invalidating the president's last two nominees to the NLRB when commentating on a more recent judicial "smackdown" of worker rights. From the WSJ:
[T]he D.C. Circuit Court of Appeals, ruling in National Association of Manufacturers v. National Labor Relations Board, struck down the NLRB's diktat that businesses put up pro-union posters in the workplace. That, the court said, violated employer free speech rights in place since Congress's 1947 Taft-Hartley Act. It got worse.
Before even getting to the heart of his opinion, Judge A. Raymond Randolph wrote, "Although the parties have not raised it, one issue needs to be resolved before we turn to the merits of the case." That "one issue" is of course the now-famous Noel Canning case, the D.C. Circuit's January opinion which held that President Obama's non-recess recess appointments to the NLRB were illegal, and thus hundreds of past and current NLRB rulings are illegitimate. While the poster rule was not affected by Canning, the appeals court felt the need to remind the NLRB of its current, weak status. Ouch.
The specific case that the WSJ used to attack the legitimacy of the NLRB in general, National Association of Manufacturers, is disturbing in its own right, if sadly typical of an appellate court that has proven to be hostile to regulations that seek to curb corporate excess. Utilizing a strained reading of the First Amendment, the D.C. Circuit held that a NLRB rule that required employers to display a notice informing workers of their rights under the National Labor Relations Act (NLRA) of 1935 impermissibly compelled employer speech.
Right-wing media continue their relentless campaign to undermine the Labor Secretary nomination of Thomas Perez, pushing the baseless claim that he acted unethically in his involvement with a withdrawn Supreme Court case that could have undone decades of civil rights precedent.
The Wall Street Journal and the National Review Online have been at the forefront of allegations, most recently made by the WSJ on May 6, that Perez perpetuated a "shady quid pro quo" with the City of St. Paul, Minnesota, because of his involvement in deliberations that resulted in a withdrawn Supreme Court case, Magner v. Gallagher, and the decision of the Department of Justice to not intervene in an unrelated False Claims Act lawsuit.
By holding a surprise hearing for the "whistleblower" who initiated the False Claims Act case against St. Paul, Congressional Republicans have used the allegations that something "awfully suspicious" occurred to push back Senate mark-up of Perez's nomination until May 8. The "whistleblower," a small business owner named Frederick Newell, may have lost a sizeable sum of money he could have been awarded if DOJ had intervened. As explained by Mother Jones, "given all the hard work he put in, it's understandable he's ticked off at Perez. But the fact that Newell didn't get his money doesn't mean Perez did anything improper."
Indeed, it's unclear if Newell could have won even if DOJ had joined the case. DOJ's top expert on these sorts of claims, Deputy Assistant Attorney General Michael Hertz, determined the case was weak, reportedly deciding "this case sucks" and to not intervene. The Magner case at the other end of this "quid pro quo," however, was of far greater significance.
Because Magner had the potential to present yet another opportunity for the conservative Justices to dismantle long-standing civil rights precedent, advocates ranging from civil rights attorneys to former Vice President Walter Mondale joined the DOJ in requesting St. Paul drop its appeal that had brought the case to the Supreme Court. In a recent op-ed for Politico, Wade Henderson, president and CEO of The Leadership Conference on Civil and Human Rights, explained the stakes:
As any lawyer knows, bad facts make bad law. This adage aptly applies to a fair housing case involving the city of St. Paul, Minn., that is now being unfairly used to tarnish the integrity of Tom Perez[.]
What made [Magner] so unusual was landlords' claim that by enforcing housing codes against them the city was committing a civil rights violation under the Fair Housing Act. Their argument was that bringing their buildings up to code would cost too much money, cause them to dispose of the properties and thus, affect the access of their minority tenants to housing. The district court dismissed the landlords' claims, but they prevailed on appeal.
This case represented a real threat to established civil rights laws that have protected millions of Americans from discrimination. It would be a real threat to the integrity of the Fair Housing Act if these landlords could use it to keep tenants in squalor.
St. Paul's mayor, Chris Coleman, was working with Perez on this issue and on an unrelated False Claims Act case against the city. The false claims case was relatively weak, and the Justice Department chose to dismiss it. During this same period, I was among the civil rights advocates who initiated conversations with the mayor to ask if he would withdraw the city's Supreme Court appeal in the landlords' case. Coleman's public interest background and commitment to preserving the Fair Housing Act made him uniquely sympathetic to our concerns. After due deliberation, the city dropped its Supreme Court appeal.
Fox News devoted significantly more airtime to the Heritage Foundation's claims that providing legal status to undocumented immigrants will have negative fiscal impact, but mostly ignored pro-immigration rallies during the same period.