USA Today

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  • An Extensive Guide To The Fact Checks, Debunks, And Criticisms Of Trump’s Various Problematic Policy Proposals

    ››› ››› TYLER CHERRY & JARED HOLT

    Over the course of the 2016 presidential primary, presumptive Republican presidential nominee Donald Trump has laid forth a series of problematic policy proposals and statements -- ranging from his plan to ban Muslims from entering the United States to his suggestion that the United States default on debt -- that media have warned to be “dangerous,” “fact-free,” “unconstitutional,” “contradictory,” “racist,” and “xenophobic.” Media Matters compiled an extensive list of Trump’s widely panned policy plans thus far along with the debunks and criticism from media figures, experts and fact-checkers that go along with them.

  • USA Today Lets Extremist Gun Group Distort Merrick Garland’s Judicial Record

    Blog ››› ››› TIMOTHY JOHNSON

    USA Today gave a representative of extremist gun organization Gun Owners of America (GOA) a platform to smear Supreme Court nominee Merrick Garland. The group wrote a column distorting the facts on several U.S. Court of Appeals for the D.C. Circuit opinions to claim Garland “had 4 chances to vote against gun rights, and he took them all.”

    GOA is a far-right organization with past ties to anti-Semites and white supremacist groups and a leader, Larry Pratt, who has repeatedly suggested that politicians should fear being shot by a GOA supporter if they pass laws regulating firearms.

    In a May 1 column at USAToday.com, GOA general counsel Michael Hammond distorted Garland’s involvement in four cases decided before the D.C. Circuit, where Garland sits as chief judge, to claim Garland is “anti-gun.”

    In one case Hammond cited, Garland did not participate in the ruling, but rather took part in a vote to decide whether the entire D.C. Circuit should rehear the case, which would require the full panel of judges to consider it. According to legal experts, a judge’s vote to rehear or not rehear a case is not indicative of what the judge thinks the outcome of the case should be. Two of the cases Hammond cited were not actually decided on Second Amendment grounds and cannot be characterized as showing bias for or against gun rights. And in the fourth case he cited, Garland did not participate in the ruling and the case was not decided on Second Amendment grounds.

    Parker v. District of Columbia

    Hammond first attacked Garland for his participation in a vote related to Parker v. District of Columbia, a 2007 challenge to Washington, D.C.’s handgun ban. In a 2-1 panel decision -- which Garland did not participate in -- the D.C. Circuit reversed a lower court's decision upholding the ban, finding that D.C.'s law violated the Second Amendment.

    Following the ruling, Garland was one of four judges, including George H.W. Bush appointee Judge Raymond Randolph, to vote to have the entire D.C. Circuit rehear the case en banc. A majority of D.C. Circuit judges voted not to rehear the case, and it moved on to the Supreme Court, where it became the landmark Second Amendment decision District of Columbia v. Heller.

    The claim that Garland’s en banc vote in Parker means that he is "anti-gun" is a smear developed by the Judicial Crisis Network (JCN), a discredited right-wing group that is spending millions to oppose Garland's nomination. Numerous legal experts, however, have debunked the claim that an en banc vote is representative of how a judge would rule on the merits if the case were reheard.

    According to the Federal Rules of Appellate Procedure, an en banc rehearing “ordinarily will not be ordered unless” a full panel’s “consideration is necessary to secure or maintain uniformity of the court's decisions; or the proceeding involves a question of exceptional importance.” As PolitiFact noted, the Parker case satisfied both of those conditions.

    Seegars v. Gonzalez

    Hammond also attacked Garland for his involvement in a case preceding Parker that unsuccessfully challenged D.C.'s handgun ban. As in Parker, Garland did not participate in the decision in Seegars v. Gonzalez, but rather participated in a vote on whether to rehear the case en banc.

    The Seegars case was brought by a group of District of Columbia residents who argued that D.C.’s handgun ban and trigger lock laws violated their Second Amendment rights. In 2005, the D.C. Circuit ruled against the residents in an opinion authored by Reagan appointee Judge Stephen F. Williams.

    While the D.C. residents made a Second Amendment argument against D.C.’s gun law, the court never ruled on the merits of this argument. Instead, the court dismissed the case on procedural grounds, with the majority opinion finding that “under controlling circuit precedent no plaintiff has standing” to challenge D.C.’s handgun ban and trigger lock laws. The vote to rehear the case failed 7-3, with Garland voting against rehearing alongside D.C. Circuit judges appointed by Democrats and Republicans. Then-D.C. Circuit Chief Judge Douglas Ginsburg, a Reagan appointee, filed a concurrence in the denial to rehear the case. As in Parker, Garland’s vote does not indicate how he would have ruled on the merits of the case.

    National Rifle Association v. Reno

    Hammond also cited Garland’s joining of the 2000 decision National Rifle Association v. Reno as supposed evidence of “anti-gun” bias. As with his citation of the Parker case, Hammond’s attacks concerning NRA v. Reno originate from debunked talking points pushed by JCN.

    In Reno, the NRA claimed that the way the FBI's National Instant Criminal Background Check System (NICS) for gun purchases temporarily retained data on gun owners violated a federal prohibition on creating a registry of gun owners.

    On appeal, the NRA lost the decision, 2-1, with Garland joining Judge David S. Tatel's majority opinion, which ruled: “Finding nothing in the Brady Act that unambiguously prohibits temporary retention of information about lawful transactions, and finding that the Attorney General has reasonably interpreted the Act to permit retention of such information for audit purposes, we affirm the district court's dismissal of the complaint.”

    As with the Seegars case, the ruling was not decided on Second Amendment grounds. Rather, the case was one of statutory construction and interpretation, assessing whether the NICS system of temporary record retention was permissible under the language of the Brady Act and the Department of Justice’s interpretation of that act.

    Furthermore, no court accepted the NRA’s argument that the NICS system was tantamount to a gun registry. The NRA lost the case at the federal district court level, then again at the D.C. Circuit in the ruling Garland joined, before the then-conservative-leaning Supreme Court finally denied a request by the NRA to hear the case. In fact, Bush Attorney General John Ashcroft opposed the NRA’s request that the Supreme Court hear the case, writing that the D.C. Circuit decision Garland joined was “correct.”

    United States v. Burwell

    The last example Hammond cited as supposed evidence of Garland’s “anti-gun” bias was the 2012 decision United States v. Burwell, where the D.C. Circuit reheard a case involving a 30-year mandatory minimum sentence given to a man convicted of possessing a machine gun while committing a "crime of violence."

    At issue was whether the criminal defendant in that case, who had brandished a fully automatic AK-47 assault rifle during a series of bank robberies, knew that the firearm was capable of fully automatic fire (the gun in question was capable of both automatic and semi-automatic fire).

    A 2012 decision before the entire D.C. Circuit – after members of the court had voted to rehear the case en banc – affirmed the D.C. Circuit’s original decision in a majority opinion that upheld the defendant’s conviction.

    Garland joined the majority opinion authored by Judge Janice Rogers Brown, a George W. Bush appointee.

    Like with the Seegars and Reno cases, it is misleading to claim that the opinion here offers an indication of a judge’s view on gun rights because the case was not decided on Second Amendment grounds. Instead, the case was decided on statutory grounds: whether the sentencing minimum law required the prosecution to prove that the defendant knew whether the firearm used in a crime of violence was fully automatic.

    The ruling affirming the defendant’s conviction largely relied upon prior precedent within the D.C. Circuit -- a 1992 case called United States v. Harris. In that case, a panel of judges composed of Carter appointee Ruth Bader Ginsburg, George H.W. Bush appointee Clarence Thomas, and Reagan appointee Laurence H. Silberman issued a per curiam opinion that reached the same legal conclusion as the opinion Garland joined in the Burwell case.

  • Major News Outlets Fail To Identify The Hate Group Boycotting Target

    The American Family Association Has Been Designated An Anti-LGBT “Hate Group” By The SPLC

    ››› ››› RACHEL PERCELAY

    Major news outlets have largely failed to identify the American Family Association (AFA) -- the group organizing a boycott of Target over its transgender inclusive restroom policy -- as an anti-LGBT "hate group," often only referring to the group as a "Christian" or "conservative" organization.

  • USA Today, Bloomberg Contributors Obscure Role Of Industry-Funded Think Tank In “Exxon Knew” Scandal

    Blog ››› ››› DENISE ROBBINS

    Contributors at USA Today and Bloomberg View are echoing false attacks on attorneys general who are investigating whether oil companies deceived the public on climate change, and grossly misrepresenting why the attorney general of the U.S. Virgin Islands has subpoenaed records from an oil industry-funded think tank as part of his investigation.

    A coalition of attorneys general has committed to holding fossil fuel companies including Exxon accountable if they obfuscated climate change research in order to protect their financial interests. This follows reports from InsideClimate News and the Los Angeles Times showing that Exxon’s own scientists confirmed by the early 1980s that fossil fuel pollution was causing climate change, yet Exxon funded organizations that helped manufacture doubt about the causes of climate change for decades afterwards. One of the climate denial organizations that Exxon funded was the Competitive Enterprise Institute (CEI), and U.S. Virgin Islands Attorney General Claude Walker is now subpoenaing CEI for “records of the group's donors and activities involving climate policy,” as InsideClimate News reported. CEI said it “will vigorously fight to quash this subpoena,” and called it "an affront to our First Amendment rights of free speech and association.”

    Now, contributors at USA Today and Bloomberg View are defending CEI and Exxon by misrepresenting Exxon’s alleged wrongdoing. Bloomberg View’s Megan McArdle authored a column on April 8 headlined, “Subpoenaed Into Silence on Global Warming,” in which she claimed the attorneys general are trying to “shut down dissenters” and criminalize “advocating for policies that the attorneys general disagreed with.” Similarly, USA Today contributor Glenn Reynolds proclaimed in an April 11 column that the attorneys general investigations look like “a concerted scheme to restrict the First Amendment free speech rights of people they don’t agree with,” and that their goal is to “treat disagreement as something more or less criminal.”

    In casting the issue as a matter of “free speech,” both McArdle and Reynolds ignored the real reason the attorneys general have launched investigations into Exxon and subpoenaed records from CEI. As InsideClimate News explained, despite Exxon’s “emerging understanding of climate change science in the 1970s,” the oil giant subsequently worked to “undermine the scientific consensus, in part by financing research organizations including CEI.” InsideClimate News added:

    CEI is one of several organizations that have been repeatedly named over the years by those who have criticized Exxon and other fossil fuel companies for financing the climate denial work of third parties. After the Royal Society of the United Kingdom castigated Exxon in 2006 for giving money to groups misrepresenting climate science, Exxon said it had stopped financing the CEI.

    Additionally, the Climate Investigations Center (CIC) uncovered that the year after CEI received $270,000 from Exxon for “Global Climate Change,” “Global Climate Change Outreach,” and “General Operating Support,” CEI released a climate science-denying TV commercial with the tag line: “Carbon Dioxide: They Call it Pollution, We Call it Life.” CIC stated that the commercial “caused such an outcry, we believe it triggered ExxonMobil to cut funding to CEI altogether.” 

    Bloomberg View’s McArdle warned that the attorneys general investigations could set a bad “precedent” that would “eventually be used against” the “enemies of the Competitive Enterprise Institute and ExxonMobil.” But that has already happened: climate science denier and then-Virginia Attorney General Ken Cuccinelli was found by the Virginia Supreme Court to have overstepped his authority by demanding that the University of Virginia provide emails and other documents from climate scientist Michael Mann. Identical documents were sought by the American Tradition Institute, whose senior director of litigation, Chris Horner, was also a senior fellow at CEI.

    McArdle did mention in her column that her husband Peter Suderman had “briefly worked for CEI as a junior employee.” While she was at it, she could have disclosed that Suderman currently works for Reason magazine, and that the Reason Foundation has received hundreds of thousands of dollars from Exxon.

  • 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.

  • Media Push Right-Wing Myths After California's $15 Minimum Wage Announcement

    ››› ››› ALEX MORASH

    On March 28, Gov. Jerry Brown (D-CA) announced a legislative compromise to raise the California minimum wage gradually from $10 per hour in 2016 to $15 per hour by 2022. Right-wing media have attacked the historic wage increase, claiming it will kill jobs and that it "goes against every law of capitalism." Meanwhile, mainstream media have promoted misinformation about the minimum wage peddled by restaurant industry front groups.

  • Media Hype LA Times Report On Clinton Emails Even Though It Says Prosecution Unlikely

    ››› ››› JULIE ALDERMAN

    Fox's Andrew Napolitano and Andrea Tantaros and MSNBC's Joe Scarborough cited a March 27 report from the Los Angeles Times to push the possibility that Hillary Clinton used a private email server unlawfully, claiming she "might be a criminal defendant in a felony prosecution." But the Times article quotes legal experts who say there is "no reason to think Clinton committed any crimes with respect to the use of her email server," and the piece says the chances of a finding of criminal liability are "low."

  • "Do Your Job": Editorials Implore Senate GOP To Rise Above "Obstruction" And Act On Merrick Garland

    ››› ››› CYDNEY HARGIS & TYLER CHERRY

    Newspaper editorials roundly urged Senate Republicans to stop obstructing the nomination process of Judge Merrick Garland, President Obama's pick for the Supreme Court vacancy. The editorials chastised "obstructionist" senators for their "stupendous show of political malfeasance" and warned that the obstruction is "out of sync with the nation's best interests," among other criticisms.

  • 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.

  • NJ Newspapers Call For Gov. Chris Christie's Resignation After His Trump Endorsement

    Blog ››› ››› KATE SARNA

    Trump, Christie

    Six New Jersey newspaper editorial boards are calling for Gov. Chris Christie (R-NJ) to resign for neglecting the state's constituents during his presidential campaign and his endorsement of GOP presidential front-runner Donald Trump.

    USA Today reported that six New Jersey newspapers associated with the USA TODAY NETWORK -- including the Asbury Park Press, the Cherry Hill Courier-Post, and the Morris Daily Record -- expressed "editorial outrage" at Christie following a February 29 press conference where he refused to take questions from the press after spending "261 days out of state last year" and giving Donald Trump his endorsement:

    "We're fed up with Gov. Chris Christie's arrogance," the papers wrote. "We're fed up with his opportunism. We're fed up with his hypocrisy."

    The joint editorial notes that Christie spent part of 261 days out of state last year and traveled out of state to endorse Trump and campaign with him after he quit the race Feb. 10.

    "For the good of the state, it's time for Christie to do his long-neglected constituents a favor and resign as governor. If he refuses, citizens should initiate a recall effort," the editorial said.

    Christie faced a firestorm of media criticism after announcing his surprise endorsement of Donald Trump despite his earlier attacks on Trump during the race, calling him a "carnival barker," and criticizing Fox News' support for him.

    Trump has recently gained negative attention for his growing support among white nationalist groups and refusing to disavow the former Klu Klux Klan leader David Duke. The front-runner has also faced backlash for proposing to block all Muslims from entering the country, accusing Mexican migrants of being rapists and murderers, and insulting a journalist's disability.