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Zachary Pleat

Author ››› Zachary Pleat
  • As hundreds of newspapers plan editorials to denounce Trump’s war on the press, Fox hosts attack the newspapers

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Fox News and Fox Business hosts are slamming hundreds of newspapers as “anti-Trump” and “fake news” for coordinating to publish editorials on August 16 denouncing President Donald Trump’s war on the press.

    Trump and his administration publicly attacked news organizations and specific journalists hundreds of times in just his first year in office. Though he routinely attacked news organizations during his presidential campaign and the transition period between his election and inauguration, Trump’s anti-press rhetoric reached a new low in February 2017, when he began calling news organizations “the enemy of the American people”:

    Trump repeated his comments multiple times, though he eventually added the disclaimer that only “fake news” is “the enemy of the people” -- a bogus claim because he’s spent years labeling a broad range of mainstream news outlets and journalists as “fake news.”

    Many newspapers have decided that they’ve had enough and are pushing back. Led by The Boston Globe, more than 100 newspaper editorial boards around the country are reportedly planning to publish editorials on August 16 “on the dangers of the administration’s assault on the press.” Each newspaper will be writing its own editorial in this coordinated effort.

    Fox, which has both served as a platform for Trump’s attacks on the press and promoted his attacks on its own, is now criticizing the newspapers participating in this effort as anti-Trump and “fake news.” On August 13, five Fox News and Fox Business hosts took offense to the coordinated editorial release protesting Trump’s anti-press rhetoric. Fox & Friends First co-host Rob Schmitt said these newspapers are releasing editorials “attacking the president” and that “there is just kind of a mainstream, somewhat leftist bias coming from a lot of our media companies.” Fox & Friends co-host Steve Doocy commented that The Boston Globe “said essentially they’re going after the president.” Varney & Co. guest host Ashley Webster and Wall Street Journal editorial board member James Freeman both defended Trump’s rhetoric that the media are “the enemy of the people,” pushing Trump’s ridiculous claim that his critique applies only to “fake news.” Fox Business host Lou Dobbs referred to the planned editorials as “anti-Trump screeds” by “coordinated national left-wing fake news.” And Fox host Laura Ingraham, while criticizing media coverage of antifa actions against reporters, mocked the newspapers’ coordinated effort as “not collusion or anything.”

  • Fox’s Kilmeade pushes Trump administration’s false claim that 9 in 10 ICE arrests are of criminals

    About one-third of immigrants ICE is arresting under Trump have no criminal record

    Blog ››› ››› ZACHARY PLEAT

    Fox & Friends is once again carrying water for Immigration and Customs Enforcement (ICE) by fudging the agency’s record on arresting immigrants with criminal records and denying that a pizza delivery driver was arrested while doing his job.

    On the August 10 edition of the show, co-host Brian Kilmeade repeatedly claimed that “nine out of every 10” immigrants that ICE arrests “have criminal records.” When asked where he got that statistic from, he cited former ICE acting director Tom Homan.

    But that statistic from the Trump administration is misleading, as CNN explained in March. CNN reported that the administration was conflating immigrants with deportation orders with those who have actual criminal records to come up with the number Kilmeade cited:

    The Trump administration has subtly blurred the distinction between criminals and those with final orders of removal, which is a civil, not criminal charge.

    ICE has combined "ICE fugitives" -- people who have been ordered to leave the country but haven't yet -- with convicted criminals who have pending criminal charges and reinstated final orders of removal, allowing the agency to say 92% of those arrested under Trump had criminal convictions or one of the other factors -- when the number with criminal records is closer to 70%.

    As a May USA Today report showed, it was in the last two years of the Obama administration that almost nine out of 10 (87 percent) undocumented immigrants arrested had actual criminal records. But under Trump, nearly one-third of ICE arrests are of immigrants with no criminal record:

    Kilmeade also mocked Fox correspondent  Geraldo Rivera for saying that ICE officials get tempted “to go for the low-hanging fruit” and “they sweep up the poultry processing people, the meat-packing people, the pizza delivery guys.” Kilmeade scoffed at Rivera’s comment, saying, “We don't call Domino’s and then arrest the delivery guy. It’s nine out of 10 have a criminal record.” But ICE did arrest a pizza delivery person in June while he was on the job. And Fox News covered it.

    GERALDO RIVERA (FOX NEWS CORRESPONDENT-AT-LARGE): ICE is at least two agencies. I have spoken about this before in a limited way. But there are the ICE investigators. They are the guys that bust the cartels. They go after the transnational gangs. They go after MS-13, they go after the racketeers and the drug smugglers. And then there’s the enforcement and removal side of ICE. Those are the far more unpopular group. That’s the one who smash in the doors, and there’s Diego, he’s been here 20 years, and they take him out and deport him.

    BRIAN KILMEADE (CO-HOST): Nine out of every 10 have criminal records.

    RIVERA: I don't know where you get that statistic.

    KILMEADE: [Former acting ICE Director] Tom Homan.

    RIVERA: Well, I want to see an objective review of that. I do not believe that. I think that the -- too often there is a temptation to go for the low-hanging fruit. That’s when they sweep up the poultry processing people, the meat-packing people --

    STEVE DOOCY (CO-HOST): The pizza guy.

    RIVERA: -- the pizza delivery guys.

    KILMEADE: We don't call Domino’s and then arrest the delivery guy. It’s nine out of 10 have a criminal record.

  • Sean Hannity turns over his radio show to Trump’s lawyers

    Blog ››› ››› ZACHARY PLEAT

    Sean Hannity announced on Twitter that he will turn over the August 10 edition of his nationally syndicated talk radio show to two of President Donald Trump’s lawyers, Jay Sekulow and Rudy Giuliani.

    Sekulow and Giuliani are regular guests on Hannity’s both Fox News show and radio show.

    Hannity has even hired Sekulow as his attorney.

    Hannity’s pro-Trump propaganda has made both his shows indistinguishable from the narrative spun by the Trump administration. His shows are widely regarded as state media for the Trump administration. White House staffers even reportedly call Hannity Trump’s “shadow” chief of staff.

    Hannity’s singular goal for months has been to protect Trump from the Russia probe led by special counsel Robert Mueller. Now he’s giving his show to Trump’s lawyers to do exactly that.

  • “The Empire strikes back”: Right-wing media defend Alex Jones after Infowars is banned from several major platforms

    ››› ››› BOBBY LEWIS & ZACHARY PLEAT

    After Facebook, YouTube, Spotify, and iTunes all removed conspiracy theorist Alex Jones and Infowars pages from their platforms, several right-wing media figures leapt to the extremist’s defense. Jones’ defenders responded by criticizing and threatening “the entire rotten tech machine” and invoking a wide range of comparisons to support him, including Star Wars, George Orwell’s Nineteen Eighty-Four, reality TV star Kylie Jenner, and the Holocaust.

  • Fox is deceptively hyping GOP’s next tax bill that just benefits the ultra rich

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Back in December, when President Donald Trump signed into law changes in U.S. tax policy, Fox News helped Republicans spin the discussion surrounding the legislation by hyping anecdotal reports of bonuses, wage hikes, and investments. Now that Republicans are aiming to make the individual tax cuts permanent, Fox is at it again -- despite analyses showing how staggeringly disproportionate the benefits are for the wealthy and large businesses, that they barely lower tax burdens for some middle class and lower income families, and that they have had no noticeable positive effect on the economy.

    The law, officially titled the Tax Cuts and Jobs Act (TCJA), passed in December, and Fox hosts celebrated the legislation’s passage after contributing their own dishonest coverage. Fox News shows repeatedly focused on announcements of bonuses -- such as some AT&T workers receiving a $1,000 bonus their union already negotiated -- and small wage increases from some companies to portray the tax cuts as beneficial for ordinary working Americans.

    Others, including Fox’s Sean Hannity, claimed that the tax legislation would lead to increased investment by corporations, in some cases pointing to anecdotal examples of businesses announcing investments and saying they were possible because of the policy change. Two days after the legislation’s passage, Fox & Friends invited White House special adviser Ivanka Trump on to hype an increase to the Child Tax Credit in the legislation. (According to tax experts, “the expanded child credit will actually provide little relief for some of the lowest-income families.”)

    Republicans are now attempting to pass another tax bill, in part to make permanent the individual tax policy changes in the original law, which expire within 10 years. The White House is portraying a report that House Republicans are planning to advance a bill as “a big win for the middle class.” And Fox News is again helping Republicans with their spin. On July 18, Fox & Friends hosted Rep. Kevin Brady (R-TX), chairman of the House Ways and Means Committee -- the committee the bill would originate from -- who said lawmakers should make permanent “those cuts for middle-class families.” Later on the show, Fox Business host Stuart Varney said: “I think Republicans are setting a tax trap for the Democrats. … Are the Democrats going to vote against something which really supports America's middle class?”

    But as reporting from NPR and experts from the Economic Policy Institute (EPI) and the Center on Budget and Policy Priorities (CBPP) have explained, Trump’s tax cuts provide only minor benefits to the middle class, are geared toward the wealthiest Americans, and are having no noticeable positive effect on the economy.

    Trump tax cuts disproportionately benefit the wealthy

    NPR: Tax cut benefits to middle class are meager compared to those affecting the wealthy. NPR cited a December report from the nonpartisan Tax Policy Center which showed that middle-class households are receiving meager tax benefits from the Trump tax cuts compared to the wealthiest households and that when those benefits expire, middle-class households will earn slightly less income than they did before the tax cuts were passed:

    [NPR, 12/19/17]

    EPI: Republican spin of tax cuts as primarily middle-class benefits “is false.” A blog post by EPI budget analyst Hunter Blair showed that Republican lawmakers’ attempted spin of the Trump tax cuts as targeted to the middle class “is false.” The post showed that the bottom 80 percent of taxpayers earn a disproportionately small benefit from the policy change, with the top 5 percent earning a larger share of the benefits relative to their income:

    [Economic Policy Institute, 4/13/18]

    CBPP: Trump tax cuts deliver largest benefits to the wealthiest while boosting income inequality. The CBPP explained in an April report that Trump’s tax plan “will increase income inequality since it delivers far larger tax cuts to households at the top, measured as a share of income, than to households at the bottom or middle of the income distribution”:

    [Center on Budget and Policy Priorities, 4/9/18]

    CBPP: Increase in Child Tax Credit skews toward the wealthy. The CBPP report explained that “10 million children under age 17 in low-income working families will receive no CTC increase or a token increase of $75 or less.” Further, the law increased the upper limit for the Child Tax Credit from $110,000 in income annually to $400,000, with the wealthiest getting an increase worth several times more than the increase middle-class families will receive:

    [Center on Budget and Policy Priorities, 4/9/18]

    Data so far show Trump tax cuts having no positive effect on the economy

    EPI: “There is no evidence that wage growth has materially picked up since the TCJA’s passage.” In June 1 testimony submitted to the House’s Tax Policy Subcommittee, EPI explained that “there is no evidence that wage growth has materially picked up since the TCJA’s passage.”

    [Economic Policy Institute, 6/1/18]

    Bloomberg’s Noah Smith: Federal Reserve data and PayScale index show wages fell after Trump tax cuts took effect. In a July 18 Bloomberg column, Noah Smith pointed to Federal Reserve and private sector data to show that wages actually declined since the Trump tax cuts were passed:

    [Bloomberg, 7/18/18]

    EPI: Bonuses were overhyped, and they are less likely to occur in future years. EPI’s testimony explained that “nearly 40 percent of American workers get bonuses every year,” and that there was a financial incentive to give bonuses after the law’s passage at the end of 2017 when such bumps could be less expensively written off on corporate tax filings. As EPI explained: “What this means is that even if some increase in bonuses occurred in 2017 because of the TCJA (this remains a big ‘if’), there is no reason to think such bonuses will recur in the future.” [Economic Policy Institute, 6/1/18]

    EPI: “There is no serious evidence that the TCJA spurred a notable pickup in business investment.” EPI’s testimony showed that business investment has grown less than it did in either 2011 or 2014. “In short, we do not yet have economy-wide data showing a rapid upsurge of investment due to the TCJA.”

    [Economic Policy Institute, 6/1/18]

  • Study: NY Times, Wash. Post quote more than twice as many Republicans as Democrats in political coverage

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Throughout May and June, two of the nation’s leading newspapers, The New York Times and The Washington Post, quoted Republicans at more than twice the rate of Democrats in their political news coverage.

    In an analysis of the papers’ news and political coverage during May and June, Media Matters found that the Times quoted 1,466 Republicans and 611 Democrats, a ratio of approximately 2.4 Republicans for every Democrat. The Post quoted 1,403 Republicans and 615 Democrats, for a ratio of approximately 2.3 Republicans for every Democrat.

    Methodology: Media Matters searched the Nexis newspaper database for articles in the print editions of The New York Times’ and The Washington Post's news and politics sections between May 1 and June 30, 2018, that mentioned any elected official, administration official, or other government official in the headline or lead paragraph. In approximately 2,200 articles from the two newspapers during May and June that fit that criteria, we coded for political strategists; candidates; elected officials; administration officials; and close political advisers, family members, or personal lawyers of President Donald Trump who were quoted. Additionally, we coded anyone quoted whom the paper identified as partisan. We coded each individual once per article as either Democratic or Republican. Members of New York’s Working Families Party were coded as Democratic.

    Rob Savillo and Shelby Jamerson contributed research to this report.

  • Fox News is barely covering the arrest of an alleged Russian agent with ties to the NRA

    Fox didn't mention the story at all this morning while CNN and MSNBC reported on it multiple times

    Blog ››› ››› ZACHARY PLEAT

    A Russian national who worked to build ties with the National Rifle Association before the 2016 election was arrested on July 15 and charged with “conspiracy to act as an agent of the Russian Federation.” After covering the arrest when it was announced yesterday afternoon and in a short segment late last night, Fox News didn’t mention the arrest at all this morning -- even as CNN and MSNBC ran multiple news segments on the story last night and this morning.

    The Washington Post reported that the alleged Russian agent, Maria Butina, “is accused of trying to cultivate relationships with American politicians to establish ‘back channel’ lines of communication and seeking to infiltrate U.S. political groups” including the NRA. In an affidavit filed with the court, the FBI “outlined a two-year alleged effort by Butina to penetrate and influence the U.S. political system for Russia’s benefit by building ties to the American conservative movement.”

    In mid-January, McClatchy reported that the FBI is investigating whether Alexander Torshin, a Kremlin-connected Russian banker and alleged money launderer, illegally funneled money through the NRA during the 2016 election to help Donald Trump get elected. The McClatchy story noted that the NRA spent $30 million in Trump’s support, “triple what the group devoted to backing Republican Mitt Romney in the 2012 presidential race.” (According to Mother Jones, Torshin is likely the unnamed senior government official described in charging documents as Butina’s Russian handler.) In June, McClatchy additionally reported that “several prominent Russians,” including “some in President Vladimir Putin’s inner circle,” had contact with NRA officials during the 2016 election.

    Fox News, which is overtly friendly with the NRA and regularly hosts its representatives, has so far devoted minimal coverage to the arrest of the alleged Russian agent. Fox anchor Shepard Smith covered the story when it first broke yesterday, and Fox host Shannon Bream spent a couple of minutes discussing it on her late-night show. This morning, Fox did not even mention Butina or the NRA today until its noon show, Outnumbered, according to SnapStream transcripts, even as CNN and MSNBC have both covered it on multiple shows last night and this morning. CNN covered the Butina story on at least eight separate shows, not including repeats, since yesterday: CNN Newsroom with Brooke Baldwin, The Situation Room with Wolf Blitzer, Erin Burnett OutFront, Anderson Cooper 360, Early Start with Christine Romans and Dave Briggs, New Day with Alisyn Camerota and John Berman, CNN Newsroom with Poppy Harlow, and At This Hour with Kate Bolduan. MSNBC has also covered the story on at least eight different shows since last night: MTP Daily, The Beat with Ari Melber, The Rachel Maddow Show, The Last Word with Lawrence O’Donnell, The 11th Hour with Brian Williams, Morning Joe First Look, MSNBC Live with Stephanie Ruhle, and MSNBC Live with Velshi and Ruhle.

    Fox’s light coverage of this story follows a well-established pattern at the network of completely or largely ignoring stories that reflect poorly on Trump, particularly on its flagship morning show, Fox & Friends. It's especially true of stories connected to Russia’s election interference in support of Trump and the special counsel’s probe into that involvement.

  • Fox Business smears White House reporter for playing audio of crying detained children

    Larry O'Connor complains reporters covering Trump's family separation policy are "short on facts," but he misrepresents the ProPublica article he's criticizing

    Blog ››› ››› ZACHARY PLEAT

    An audio recording from ProPublica of young detained children at the border crying out for their parents, along with Border Patrol agents apparently joking about the children’s cries, received widespread attention after it was released on June 18. A Fox Business segment went after New York magazine reporter Olivia Nuzzi for playing the audio during a White House press briefing, with the host at first criticizing it as “unverified” before his guest slimed reporters in general and then lied about the ProPublica story accompanying the audio.

    The Trump administration enacted a new policy of prosecuting everyone who crosses the border without authorization and has taken the children away from family groups that cross the border and detained them separately from their parents. Conservative media have been scrambling to lie about it, downplay the effect of sticking young children in camps away from their parents, and even justify it by preying on racial fears. And on the June 19 edition of Fox Business’ Varney & Company, guest Larry O’Connor smeared “political reporters here in Washington” for “finding a slimier place in the gutter to dwell” by covering this Trump policy, especially for playing the ProPublica audio. He accused reporters of being “short on facts” on this issue, before lying about ProPublica’s coverage:

    STUART VARNEY (HOST): Homeland Security Secretary Kirstjen Nielsen faced the press, called on Congress to act. One reporter played the sound of migrant children crying -- the audio of course not verified, but it was played anyway in the middle of a press conference … . Joining us now, Washington Times associate editor Larry O'Connor. Larry, I see plenty of emotion from the media and from Democrats, but I do not see any of them offering a solution. What say you?

    LARRY O'CONNOR: Yeah. And they're also short on facts. You know, Stuart, the moment you think that the political reporters here in Washington have reached the lowest depths of cynical deceit in their campaign against this president, they find a slimier place in the gutter to dwell, and we saw that yesterday in this press briefing. That audio that they played -- first of all, it’s completely unverified, those children who were crying, except for one child. ProPublica obtained this audio, they published it, and if you dive deep into their article, tons of paragraphs down to the bottom, they talk about this one El Salvadoran girl that is on this tape. Well, yeah, she was separated by her parents. Her parents actually separated her from themselves. They gave this girl to a smuggler, a human smuggler in El Salvador, and sent her on this 2,000-mile treacherous, deadly journey to America. That's not the Americans government, that's not the Trump administration. We need some facts in this. This is an important issue. There are children at stake. But all of the mess and the noise that we're getting from journalists, that's not helping anything.

    Contrary to O'Connor’s allegation, the ProPublica article makes clear that the 6-year-old girl's parents did not "separate her from themselves" -- the Trump administration’s new policy did that. According to the girl's aunt, the girl was with her mother the entire journey until they got to the border and were separated there.

    From the article (emphasis added):

    The aunt said what made the call even more painful was that there was nothing she could do. She and her 9-year-old daughter are seeking asylum in the United States after immigrating here two years ago for the exact same reasons and on the exact same route as her sister and her niece. They are from a small town called Armenia, about an hour’s drive northwest of the Salvadoran capital, but well within reach of its crippling crime waves. She said gangs were everywhere in El Salvador: “They’re on the buses. They’re in the banks. They’re in schools. They’re in the police. There’s nowhere for normal people to feel safe.”

    She said her niece and sister set out for the United States over a month ago. They paid a smuggler $7,000 to guide them through Guatemala, and Mexico and across the border into the United States. Now, she said, all the risk and investment seem lost.

    The aunt said she worried that any attempt to intervene in her niece’s situation would put hers and her daughter’s asylum case at risk, particularly since the Trump administration overturned asylum protections for victims of gang and domestic violence. She said she’s managed to speak to her sister, who has been moved to an immigration detention facility near Port Isabel, Texas. And she keeps in touch with her niece, Alison Jimena Valencia Madrid, by telephone. Mother and daughter, however, have not been able to speak to one another.

    O’Connor concluded the segment by asserting that “the facts are still on the President’s side.” It’s unclear which facts he was referring to.

  • A Fox "voter fraud" darling and Breitbart columnist lost big in federal court -- and got personally reprimanded

    The federal court judge ruled that Kris Kobach's law wrongly prevented people from voting; Fox News barely mentioned the trial

    Blog ››› ››› ZACHARY PLEAT


    Sarah Wasko / Media Matters

    Kansas secretary of state and Breitbart columnist Kris Kobach, who frequently pushes voter fraud misinformation on Fox News, spectacularly failed in his effort to mount a defense for his state’s voter registration law in a federal court trial in March. Federal judge Julie Robinson both struck down the Kansas law and ordered Kobach to take remedial classes after repeatedly violating the judge’s orders, including trying to introduce evidence after Robinson had specifically excluded it. Fox, which has pushed the debunked specter of widespread voter fraud for a decade, provided no coverage of the trial as it progressed between March 6 and March 19.

    In 2013, Kansas began enforcing the Kobach-backed Secure and Fair Elections (SAFE) law, which required residents who did not have a driver’s license to show proof of citizenship with documents such as a birth certificate or U.S. passport when registering to vote. In May 2016, U.S. District Judge Julie Robinson temporarily blocked Kansas from enforcing the law after the American Civil Liberties Union (ACLU) filed a lawsuit, arguing that the law violated the federal National Voter Registration Act, which requires state voter registration forms to merely “contain an attestation that the applicant meets” eligibility requirements, such as citizenship. According to the ACLU, the law blocked tens of thousands of voter registrations in Kansas.

    Kobach, who writes columns for Breitbart.com, has appeared on Fox News numerous times; a search of Nexis transcripts, which cover less than half of Fox’s shows, revealed nearly 60 appearances by Kobach. During a number of these appearances, he pushed an anti-immigrant agenda. He has also discussed the Kansas voter registration law at least twice on Fox News.

    Fox has spent years pushing bunk voter fraud claims and supporting Republican efforts to make voting harder in response to the fear they inspire.Considering that history, one might expect the network to closely cover Kobach’s chance to prove the necessity of stringent voter identification laws. But that hasn’t been the case; according to a search of closed-captioning transcripts on SnapStream and iQ media, Fox mentioned the trial only twice, in two short news updates on March 7, for a grand total of 50 seconds of coverage of a trial that stretched over six days.

    Perhaps Fox’s lackluster coverage was due to Kobach’s repeated blunders during the trial. Slate legal writer Mark Joseph Stern, in an article headlined “Kris Kobach is a loser,” wrote that the trial was “an unmitigated disaster for Kobach—a merciless rebuke of his professional life’s work.” And HuffPost voting rights reporter Sam Levine noted that a witness Kobach called forward during the trial to supposedly show how easy it was to register without the required documents actually “testified there was a burdensome process” to prove her citizenship and register to vote. (This sloppiness may have been foreseeable, as Kobach has been caught plagiarizing a column for Breitbart; one of Kobach’s citations for that Breitbart column was a white nationalist writer with a reported history of Holocaust denialism.)

    The following quotes from the daily coverage of the trial by Kansas City NPR member station KCUR show just how embarrassing Kobach’s performance was:

    Day 1: The judge scolded Kobach and his team for improperly trying to introduce new evidence and not knowing courtroom rules.

    • “Kobach and an attorney from his office, Sue Becker, got off to a rocky start when they were blocked from showing to the court — and asking witnesses questions about — multiple documents that Kobach’s team hadn’t formally introduced as evidence. ‘Evidence 101 — not going to do it,’ said Judge Julie Robinson.”
    • “Kobach’s side repeatedly stumbled on other rules, too, leading the judge to cut off some of their lines of questioning to the witnesses.”
    • “In another instance, Becker appeared not to understand the rules for referencing depositions in court. She stood and took directions from the judge.”

    Day 2: Kobach’s team again tried to improperly introduce evidence

    • “Kobach’s legal team continued to trip up on courtroom procedures, such as how to introduce evidence and quote from depositions while cross-examining witnesses.”

    Day 3: Kobach’s legal team again violated courtroom procedure.

    • “The day’s court session ended abruptly amid a string of admonishments from the judge for the Kobach team, which repeatedly tried maneuvers that would have violated trial procedure.”

    Day 5: Kobach still had trouble properly introducing evidence, and one of his witnesses repeatedly interrupted the judge.

    • “Kobach’s office faced more hurdles to entering evidence — things the legal team hadn’t provided in advance of trial. That included new calculations related to how often non-citizens vote.”
    • “In the afternoon, testimony from Old Dominion University’s Jesse Richman devolved quickly into argument. In the course of answering questions from the ACLU and Robinson about his data sources, the political science professor repeatedly interrupted the judge.”

    Day 6: Kobach team witness Jesse Richman admitted a racist method for flagging potential noncitizen voters and agreed Kobach’s and Trump’s claim of millions of illegal votes in the 2016 election is baseless.

    • “An ACLU lawyer asked him whether he would label ‘Carlos Murguia’ foreign, and when Richman replied he probably would, revealed Murguia is a federal judge in that very courthouse.”
    • “The ACLU also showed a 2016 video in which Kobach, while speaking with reporters, backs President Trump’s claims that he lost the popular vote to Hillary Clinton because of millions of illegally cast ballots. Richman agreed with an ACLU lawyer that his research hasn’t shown this to be true and he doesn’t know of any research that has.”

    Day 7: The judge said a Kobach lawyer was “being schizophrenic” over failure to properly present witness testimony from a pollster.

    • “[Kobach’s team] struggled to include the pollster’s testimony in the trial, tripping up again on court rules that require disclosing expert witnesses in advance. Kobach lawyer Sue Becker argued Judge Julie Robinson had already said McFerron is an expert witness, which the judge promptly explained wasn’t true. Becker drew consternation from Robinson and ACLU lawyers by vacillating back and forth between treating McFerron as an expert witness or simply as a fact witness who was presenting poll results. ‘You're being schizophrenic,’ Robinson told Becker.”

    Though the trial ended on March 19, that wasn’t the end to Kobach’s problems regarding the ACLU’s lawsuit. On March 20, the same judge, Julie Robinson, presided over a contempt hearing stemming from Kobach’s apparent failure to enforce her May 2016 order to register the tens of thousands of voters blocked from his law. NPR reported that it didn’t go well for Kobach:

    Kansas Secretary of State Kris Kobach got a tongue lashing Tuesday from the judge who will decide whether he violated federal law by blocking tens of thousands of voter applications.

    Federal Chief District Judge Julie Robinson, a George W. Bush appointee, accused Kobach of engaging in "gamesmanship" and skirting her orders.

    In the nearly two years since Robinson ordered him to register those voters, she said, he has forced her and the American Civil Liberties Union to monitor his actions down to the tiniest details in an effort to get him to comply.

    "I've had to police this over and over and over again," she said.

    [...]

    Kobach, who hopes to be Kansas' next governor, asked the judge not to find him in contempt. The Republican candidate argued he doesn't control the county officials who carry out logistics such as sending postcards to voters to let them know where their polling stations are.

    [...]

    Robinson, at times sounding livid with the secretary, gave him a dressing-down.

    "These people are not second-class registered voters," she told him. "You assured me that they had or they would get the postcards."

    On April 18, Judge Robinson ordered Kobach to be held in contempt of court for disobeying her orders to register voters, mandating that Kobach pay for the ACLU’s attorney fees for the case. Two months later, Judge Robinson struck down Kansas’ law requiring proof of citizenship for voter registration. HuffPost’s Sam Levine reported on June 18 that the judge “found that the law violated the National Voter Registration Act and the 14th Amendment of the United States Constitution.” The court specifically rejected Kobach and Fox’s argument about voter fraud, finding that the law “acted as a deterrent to registration and voting for substantially more eligible Kansans than it has prevented ineligible voters from registering to vote.”

    Judge Robinson additionally “sanctioned Kobach with six hours of continuing legal education related to rules of civil procedure or evidence” due to his repeated violations of his rules throughout the trial.

    As of publishing, there is no word from Breitbart or Fox News on the ruling.