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Zachary Pleat

Author ››› Zachary Pleat
  • Fox News interview hides that Montana Republican Senate candidate would allow insurance companies not to cover pre-existing conditions

    Fox News did not mention that Matt Rosendale reauthorized a program, previously banned for fraud, that excluded coverage for pre-existing conditions

    Blog ››› ››› ZACHARY PLEAT

    Montana’s Republican Senate nominee and state insurance Commissioner Matt Rosendale told Fox anchor Bill Hemmer that he has “really worked very hard to make sure pre-existing conditions and chronic conditions are covered.”

    But as Montana newspapers have detailed, Rosendale supports repealing the Affordable Care Act (ACA), which guarantees coverage for pre-existing conditions. Furthermore, in his role as insurance Commissioner Rosendale even authorized the sale of insurance-like products that “do not guarantee coverage to people with pre-existing conditions.”

    Instead of giving his viewers these facts, Hemmer offered only a weak rebuttal, citing a brief quote from Rosendale’s opponent, Sen. Jon Tester (D-MT): “He’s arguing that you’re putting pre-existing conditions at risk.”

    From the October 17 edition of Fox News’ America’s Newsroom:

    BILL HEMMER (HOST): Matt Rosendale is my guest now in Montana. ... I did a lot of reading trying to figure out what the issues are. Health care keeps coming up time and again. Is that what decides this race in Montana?

    MATT ROSENDALE (MONTANA GOP SENATE CANDIDATE): Health care is one of the real big factors here, Bill. Jon Tester is the fella who brought us Obamacare, and my work in the auditor's office has shown that I have really worked very hard to make sure pre-existing conditions and chronic conditions are covered, and make sure people of Montana have a broad range of health care options to accommodate --

    HEMMER: Because he is arguing that you are putting pre-existing conditions at risk. This is the one thing you guys agree on, is that you both believe health care costs are going higher and there has to be a solution to it, but you differ on what the solution is.

    ROSENDALE: Absolutely. The problem is he brought us Obamacare, which is what is driving the costs up, Bill.

    HEMMER: Based on his vote for the ACA.

    ROSENDALE: I've been working for quite some time now to make sure that the people of Montana have a broad range of options to make sure they can accommodate their health care needs in a way that recognizes their budget, their personal needs, and their personal choices as well.

    Montana news coverage shows how misleading and insufficient this Fox segment is. Rosendale has introduced and supported insurance-like schemes that do not cover pre-existing conditions. Specifically, Rosendale re-authorized Medi-Share, a program that was banned for “fraudulent practices” for refusing to pay for the health care of a Montana man who had cancer. In another instance, Medi-Share refused to pay for the treatment of a Montana pastor until a court ordered otherwise.

    Here is an article from the Helena, MT-based Independent Record (emphasis added):

    In his role as state Auditor, which oversees the insurance industry in Montana, Rosendale has brought in primary care agreements that allow people to enter into direct contracts with primary care providers outside of the health insurance framework.

    He’s also advocated for the short-term plans, the ones Tester calls “junk plans,” and allowed a religious health care sharing ministry to return to operating in the state after it was banned in 2007.

    “People have a multitude of options to take care of their needs in a way that recognizes their budget, their specific health care needs and their personal choices,” Rosendale said.

    The primary care agreements were twice vetoed by Montana Gov. Steve Bullock, a Democrat, who said they did not provide value to consumers and often charged for treatments already covered by insurance.

    Medi-Share, the health ministry that is operating in Montana, was banned in 2007 because of fraudulent practices after it did not pay a claim for a Montana man who had cancer. Both products are not regulated by the auditor's office because they are not traditional insurance.

    Medi-Share and the short-term insurance plans do not guarantee coverage to people with pre-existing conditions, one of the landmark protections in the Affordable Care Act.

    Medi-Share explicitly excludes coverage for pre-existing conditions. In 2017, Montana Cowgirl Blog described what Medi-Share does offer:

    Here’s how this works: To join the pyramid you must must pledge your devout Christian faith (and even get a reference from a minister). You must not drink, take drugs or have sex outside of a “traditional” marriage. Pre-existing conditions make you ineligible to participate at all, although one does get the benefit of a “prayer chain.”

    The coverage doesn’t include products of “un-Biblical lifestyles,” such as contraception or substance use rehabilitation–or preventive care like PAP tests, colonoscopies and mammograms.

    Usually, bill-sharing plan members contribute a predetermined amount each month. When they have a medical bill, they receive monetary help from fellow members. All of the programs are careful to bury in the fine print that they not promising to pay bills, only “facilitating a voluntary sharing.” Some of these schemes even publish your medical problems in a newsletter to “share” your bill with the community in case anyone wants to chip in–so much for medical privacy.

    The pro-ACA advocacy organization Protect Our Care provided additional details about how Rosendale’s policies could leave Montana residents without coverage for pre-existing conditions.

  • Arizona journalists debunk edited video used by conservatives to smear Democratic Senate candidate Kyrsten Sinema

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Conservative media used an out-of-context video to falsely claim that Senate candidate Rep. Kyrsten Sinema (D-AZ) called all Arizonans "crazy." As local journalists explained, the full context of her remarks shows that Sinema was clearly referring only to Republican lawmakers in Arizona who were promoting extremist legislation, such as the state’s racially discriminatory SB 1070 "papers please" law.

    This smear originated with an October 11 tweet from the Twitter account “The Reagan Battalion,” described by The Associated Press as “an anonymous conservative group,” which published a 65 second-long video with clear edits at the 23 and 30 second marks, stripping Sinema's remarks of necessary context. According to the tweet, Sinema mocked “Arizonans as 'Crazy' and calls Arizona the 'crazy' state."

    As of 11 a.m. EDT today, that crudely edited video had roughly 240,000 views. The Reagan Battalion later posted a full 5 minute 23 second version on its YouTube account, suggesting it had the full context all along. The original, uncut video had only 3,129 views as of 11 a.m.

    Fox News host Sean Hannity ran with this false framing, citing The Reagan Battalion and saying the video showed Sinema "calling Arizonans, the people she wants to vote for her, crazy."
     

    Conservative outlet Independent Journal Review (IJR) embedded the deceptively edited Reagan Battalion video and tweet in a piece that falsely blared in its headline: “Leaked Video Shows Arizona Dem Senate Candidate Mocking Arizonans as ‘Crazy’ While in Texas.” Talk radio host and MSNBC contributor Hugh Hewitt tweeted: “Wow: ‘Sinema Called Arizonans “Crazy” at Texas Democratic Event in 2011,’” linking to a Washington Free Beacon story with a similarly misleading headline, despite the body of the piece acknowledging that she was referring to Republican lawmakers. Fox & Friends also aired an edited version of Sinema’s remarks which included her reference to Republicans lawmakers, yet the show still falsely claimed in an on-air graphic that “Sinema mocked Arizonans as ‘crazy’ in 2011.”

    But local journalists quickly made clear that conservatives were wrong to claim Sinema was referring to all Arizonans as “crazy.” Arizona Capitol Times editor Luige del Puerto called out The Reagan Battalion in a tweet, pointing out the clear edits and demanding it “show the unedited version so we can hear her whole speech.” He also told IJR that it was wrong to promote the misleadingly edited video. And The Arizona Republic published an article on Sinema’s full remarks with the correct context and a factually correct headline: “Kyrsten Sinema in 2011: 'There’s something wrong with the people in public office in Arizona.’” The lede of the article stated: “Rep. Kyrsten Sinema seven years ago ridiculed as ‘crazy’ the Republican elected officials leading the state at the time, and the anti-illegal immigration legislation that began in Arizona and was being replicated in state Capitols across the nation.”

    And Sinema was absolutely correct about the extremist nature of the Republican legislators in Arizona. The 2010 Arizona anti-immigrant bill SB 1070, known as the “papers please” law because it required police to check the immigration status of anyone they suspect of being in the country without authorization, was so extreme that the Supreme Court struck down three out of four provisions of the law in 2012. The remaining provision that required officers to question people’s immigration status and demand immigration documents was largely rendered moot in 2016 when the state settled a lawsuit brought by immigrants’ rights groups. The Arizona Republic explained that the law “sparked a national outcry” and “led to a torrent of canceled trips to Arizona by would-be tourists and conventioneers, and travel bans by cities and organizations around the country who deemed the legislation discriminatory and in violation of federal law.” The same article pointed out other extreme legislation introduced by Republicans in the state legislature that year:

    In 2011, the year of Sinema’s remarks, Republicans at the Arizona Capitol had introduced other legislation targeting undocumented immigrants.

    One bill would have required hospitals to check a person’s legal status and notify law enforcement if they suspected the person was in the United States illegally. Another would have banned illegal immigrants from going to state universities and community colleges, and from getting federal benefits.

    A third targeted the issue of birthright citizenship.

    All of the bills failed.

    Russell Pearce, who was singled out in Sinema’s remarks and authored the SB 1070 legislation, was forced into a recall election over the bill and lost to another Republican the year after it was signed into law.

  • “Free speech” advocates suddenly furious that Rep. Kyrsten Sinema (D-AZ) invited a controversial criminal defense attorney to speak in 2003

    Pro-Trump media figures smear Sinema, a Senate candidate, as “an actual Islamic terrorist”

    Blog ››› ››› ZACHARY PLEAT

    The Republican Party and pro-Trump media figures are smearing Rep. Kyrsten Sinema (D-AZ) as either a terrorist supporter or “an actual Islamic terrorist” over two 2003 events at Arizona State University she promoted that featured controversial criminal defense attorney Lynne Stewart. Stewart, who represented terror group leader Omar Abdel Rahman, known as “the blind sheikh,” was convicted two years after these events for conspiracy to provide material support of terrorism.

    Following publication of an October 10 FoxNews.com article headlined “Senate Dem hopeful Kyrsten Sinema promoted events featuring convicted terror lawyer,” the National Republican Senatorial Committee (NRSC) quickly issued a press release smearing Sinema for supposedly having “promoted terrorists.” (The FoxNews.com headline itself is misleading as the article notes that, at the time, Stewart had been charged but not yet convicted.) The NRSC press release inaccurately stated that Sinema was “sympathizing with convicted terrorists.” It also claimed that she “fervently defended the attorney who was convicted of providing material support to a terrorist organization, and promoted her on campus, saying she was ‘emphatically not guilty’ and blamed the ‘hastily enacted PATRIOT Act’ for her conviction.” The quotes are from 2003, before Stewart was convicted. Stewart died in 2017, but her conviction remains controversial in legal circles.

    NRSC communications staffer Calvin Moore leaped beyond this smear in a tweet claiming Sinema has “ties to the mastermind behind the first World Trade Center bombing,” which is patently absurd and false.

    Two far-right media personalities helped push the Republican smear about Sinema. Gateway Pundit’s Jim Hoft falsely declared in an October 11 blog post that “Democrat Kyrsten Sinema is a terrorist supporter.” Hoft pulled this description from Mike Cernovich, who at first tweeted that Sinema “worked with an actual Islamic terrorist,” then descended further into absurdity by eventually calling Sinema “an actual Islamic terrorist” and saying she’s “an actual terrorist supporter, a literal f-cking terrorist.”

    Hoft is no stranger to inviting people under indictment to speak. Former national security adviser Mike Flynn, who pleaded guilty to lying to the FBI, recently spoke and received an award at an event sponsored by Hoft’s Gateway Pundit. His website also has a history of supporting controversial speakers who are invited to college campuses. For his part, Cernovich is accustomed to drawing opposition to his controversial campus appearances, and he has even accompanied a neo-Nazi to a campus rally. Yet they are nevertheless suggesting that by inviting people to a campus event to hear from a defense attorney, Sinema is either supporting terrorists or acting as one herself.

  • Conservative media run with flawed FBI investigation and GOP's spin to vindicate Kavanaugh

    Blog ››› ››› ZACHARY PLEAT & TIMOTHY JOHNSON


    Melissa Joskow / Media Matters

    Conservative media are hyping claims from the White House and Senate Judiciary Committee Chairman Sen. Chuck Grassley (R-IA) that the results of an FBI investigation into Supreme Court nominee Brett Kavanaugh do not corroborate multiple women’s accounts that he sexually assaulted them while at the same time attacking anyone who pointed out flaws in the investigation. The FBI investigation was extremely limited in scope and time; did not include interviews of Kavanaugh, Christine Blasey Ford, or approximately 40 others who say they tried to talk to the FBI but couldn’t get through; and did not look into the likelihood that Kavanaugh lied in his Senate testimony. Ford, whose report that Kavanaugh sexually assaulted her in high school is central to determining Kavanaugh’s fitness for the Supreme Court, offered to speak with the FBI, but was rebuffed.

    Trump and Senate Republicans purposely limited the scope of the FBI investigation

    The FBI was initially authorized by the Trump administration and Senate Republicans to interview just four people. From The New York Times:

    Mr. Trump ordered the one-week F.B.I. investigation on Friday after Senator Jeff Flake, Republican of Arizona and a key swing vote, insisted the allegations be examined before he committed to voting to confirm Judge Kavanaugh. But the White House and Senate Republicans gave the F.B.I. a list of only four people to question: Ms. Ramirez and Mark Judge, P.J. Smyth and Leland Keyser, three people Dr. Blasey identified as being at the house where she said Judge Kavanaugh sexually assaulted her when they were teenagers. [The New York Times, 10/1/18]

    Trump later reportedly authorized the FBI to interview more witnesses, but still kept it limited by an arbitrary deadline. From The New York Times:

    The White House authorized the F.B.I. to expand its abbreviated investigation into sexual misconduct allegations against Judge Brett M. Kavanaugh by interviewing anyone it deems necessary as long as the review is finished by the end of the week, according to two people briefed on the matter.

    At an event on Monday celebrating a new trade deal with Canada and Mexico, President Trump said he instructed his White House counsel, Donald F. McGahn II, over the weekend to instruct the F.B.I. to carry out an open investigation, but the president included the caveat that the inquiry should accommodate the desires of Senate Republicans.

    The new directive came after a backlash from Democrats, who criticized the White House for limiting the scope of the bureau’s investigation into Judge Kavanaugh, Mr. Trump’s nominee for the Supreme Court. The F.B.I. has already interviewed the four witnesses it was originally asked to question, and on Monday it reached out to others. [The New York Times, 10/1/18]

    In the end, only 10 witnesses were reportedly interviewed. [Twitter, 10/4/18]

    The investigation finished within only a few days. CNN reported that the White House sent the information gleaned from the investigation to the Senate on the morning of October 4, just days after the investigation was set into motion on September 28. [CNN, 10/4/18]

    The FBI reportedly did not investigate whether Kavanaugh lied to the Senate. New York magazine’s The Cut noted that, according to Sen. Bernie Sanders (I-VT), the FBI did not investigate whether Kavanaugh perjured himself by lying about his high school and college behavior:

    What’s not being investigated is Kavanaugh’s behavior in high school and college, which his classmates say was defined by partying and drinking to excess, at which point the SCOTUS nominee would allegedly become “aggressive” —accounts that drastically differ from those Kavanaugh offered while under oath. Some senators, including Bernie Sanders, have raised concern over the FBI’s apparent disregard for the likelihood that Kavanaugh may have perjured himself.

    “The FBI investigation of Brett Kavanaugh must include a review of his numerous untruthful statements in his previous testimony before Congress,” Sanders tweeted. “Lying to Congress is a federal crime.” He then outlined the numerous examples in which Kavanaugh appears to have lied under oath. [The Cut, 10/3/18]

    Neither Kavanaugh nor Ford were interviewed by the FBI. Kavanaugh repeatedly lied under oath about his behavior in high school and college, but he didn’t have to defend his statements during an FBI interview. Ford sought to speak with the FBI, but was turned down. From Vox:

    Notably, Ford and Kavanaugh are both not yet on the list of people that the FBI has interviewed. A spokesperson for Ford’s attorneys said she had still not been contacted by the FBI as of early Wednesday afternoon.

    “We have received no response from anyone involved in this investigation, and no response to our offer for Dr. Ford to be interviewed,” Ford’s attorneys emphasized in a Tuesday letter to FBI Director Christopher Wray. “This afternoon, we learned of media reports that the FBI does not intend to interview either Dr. Ford or Judge Kavanaugh. We hope that this reporting is inaccurate.”

    There could be a crucial reason for their omission from the investigation. Sources have told Bloomberg that the FBI has not done interviews with Ford or Kavanaugh because the White House hasn’t granted it the authority to conduct them. [Vox, 10/3/18]

    NBC News: “More than 40 people with potential information into the sexual misconduct allegations against Kavanaugh have not been contacted by the FBI.” [NBC News, 10/4/18]

    Legal and criminal experts explain that conditions Trump placed upon the FBI investigation make it a sham

    Chris Kang, former Obama administration deputy counsel: “President Trump and Senate Republicans are turning this much-needed FBI investigation into a sham. … The entire investigation must be made public, so the American people can know which witnesses were interviewed and whether the FBI was able to follow a full range of questioning, including regarding Kavanaugh's candor and credibility.” [The Leadership Conference on Civil and Human Rights, 10/3/18]

    Mike Zubrensky, former deputy assistant attorney general at DOJ Office of Legal Counsel: “The investigation of Kavanaugh’s alleged sexual misconduct is far too serious for a rigged process. … Senator Flake and his Senate colleagues must insist that McConnell respect the confirmation process. And they should demand that the FBI take the time it needs to conduct a thorough and meaningful investigation.” [The Leadership Conference on Civil and Human Rights, 10/3/18]

    Frank Figliuzzi, former FBI assistant director for counterintelligence: “Existing background investigation protocols between the White House and the FBI regarding presidential appointees are flawed and need to be reexamined. ... When the White House can prevent the nation’s premier investigative agency from fully determining the suitability of a Supreme Court nominee we have a problem.” [The Leadership Conference on Civil and Human Rights, 10/3/18]

    Kristine Lucius, former top legal and policy advisor to Sen. Patrick Leahy: “During my over 14 years on the committee, I can’t remember any supplemental investigation in which the FBI did not interview the person who brought forth the allegations, and the nominee himself. … That has been – and must remain – a minimum base line for credibility. No senator should even consider agreeing to proceed with this nomination unless and until the FBI investigation is determined to be thorough and unfettered.” [The Leadership Conference on Civil and Human Rights, 10/3/18]

    Former FBI officials said past background checks were not limited by politics. From The New York Times:

    Several former F.B.I. officials said that they could think of no previous instance when the White House restricted the bureau’s ability to interview potential witnesses during a background check. Chuck Rosenberg, a former F.B.I. chief of staff, said background investigations were frequently reopened, but the bureau decided how to pursue new allegations.

    “The White House normally tells the F.B.I. what issue to examine, but would not tell the F.B.I. how to examine it, or with whom they should speak,” he said. “It’s highly unusual — in fact, as far I know, uniquely so — for the F.B.I. to be directed to speak only to a limited number of designated people.” [The New York Times, 10/1/18]

    Leah Litman, UC Irvine assistant law professor: Restricted FBI investigation makes it “a joke.” From The New Yorker:

    Leah Litman, an assistant professor of law at the University of California, Irvine, said the severe restrictions on the scope of the investigation made it “a joke.” She asked, “What kind of an investigation into an assault that happened under the influence of alcohol doesn’t include investigating the accused’s use of alcohol?” She said, “Usually, the F.B.I. investigators aren’t told who to call and who not to.” She said that Rasor should be interviewed, given her past relationship with Judge. “If Mark Judge is on the ‘approved’ list of witnesses, and they are interviewing him, there is no reason not to interview Rasor, who has testimony that is very relevant to his credibility, and the testimony that he would offer,” she said. [The New Yorker, 9/30/18]

    John Mindermann, former FBI special agent: The restrictions on the probe means it’s not a “real, authentic FBI investigation.” From an October 4 MSNBC interview:

    JOHN MINDERMANN (FORMER FBI SUPERVISORY SPECIAL AGENT): What will be laid out within the limits of the scope and the time that the FBI had to do the investigation will be a portrait of the individual who is being investigated. That's in any background check. The key to a background check is comprehensive running out of all available leads. Apparently in this case, those leads, which were available, were not run out by the FBI because of the limits of time and scope. That is very, very problematic because that limits the overall portrait. It's like taking the brush out of the hand of the painter midway through the portrait session. What will be in there will be, corroborating or not, statements, data, information, times, dates, et cetera, that may or may not corroborate specific allegations that were brought forward.

    HALLIE JACKSON (HOST): We know that the FBI has spoken with nine people that have been interviewed. And we know the names of six of them. We don't know who the other three people are. We know that they originally contacted 10 people. It's not clear to us just yet, based on our sources, why that 10th person was not actually interviewed. You can see who we know and who we don't know there. Dr. Ford's attorney says because she's not on this list -- right, you don't see Christine Blasey Ford on that screen right there -- so her lawyer says this can't be called an investigation. The FBI was not actually seeking the truth. So John, do you agree? Is this a comprehensive investigation or not?

    MINDERMANN: I actually agree that really this does not fall under the definition of a real, authentic FBI investigation. It really is an investigation which is just limited in terms of targeting specific individuals, and for reasons unknown, eliminating a vast majority of people who could have provided corroborating evidence, corroborating information, positive, negative, neutral, whatever. But in an FBI investigation -- and I've done these and I've supervised these -- in these investigations, you encourage your agents to go out, cover all bases, run out all leads, develop that comprehensive look so that whoever is looking at this is well versed and can make that judgment call. This is a judgment call. There's a lot of subjectivity if you don't have factual information. [MSNBC, MSNBC Live with Hallie Jackson, 10/4/18]

    Conservative media figures carry water for the sham investigation -- and treat its spin by GOP officials -- as vindication for Kavanaugh

    Fox News’ Sean Hannity:

    Conservative pundit Erick Erickson:

    Erickson:

    Turning Point USA’s Charlie Kirk:

    Fox News senior political analyst Brit Hume:

    Fox News’ Jeanine Pirro: The FBI didn't need to talk to Ford because "there is nothing else to ask her. There is nothing else that they need to do”:

    Fox & Friends applauded the investigation by claiming "the very narrow scope" avoided "tangents":

    CRTV’s Allie Stuckey:

  • Following Trump's attack, conservatives call Ford a liar deserving of prison

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Conservative media personalities are attacking Christine Blasey Ford following President Donald Trump’s attack on her at a political rally. Ford testified last week before the Senate Judiciary Committee that Supreme Court nominee Brett Kavanaugh sexually assaulted her.

    Trump inspired a second wave of attacks from conservatives by mocking her public account of high school sexual assault at his October 2 political rally in Mississippi, as The Washington Post reported:

    President Trump mocked the account of a woman who accused Supreme Court nominee Brett M. Kavanaugh of assault and told a Mississippi crowd that the #MeToo movement was unfairly hurting men.

    Trump, in a riff that has been dreaded by White House and Senate aides, attacked the story of Christine Blasey Ford at length — drawing laughs from the crowd. The remarks were his strongest attacks yet of her testimony.

    “ ‘I don’t know. I don’t know.’ ‘Upstairs? Downstairs? Where was it?’ ‘I don’t know. But I had one beer. That’s the only thing I remember,’ ” Trump said of Ford, as he impersonated her on stage.

    “I don’t remember,” he said repeatedly, apparently mocking her testimony.

    While three Republican senators criticized Trump’s denigration of Ford, other conservatives responded by defending Trump’s attack on her and doubling down with their own.

    Gateway Pundit’s Jim Hoft: “BOOM! President Trump Mocks Christine Ford's Flimsy Accusations at Mississippi Rally - CROWD ROARS!”

    MSNBC contributor Hugh Hewitt: Ford’s “story is crumbling, and the president just broke the glass last night. He was not mocking her. He was attacking the credibility of her testimony.”

    Other right-wing media figures accused Ford of repeatedly lying in her testimony, drawing on a letter from an ex-boyfriend that said, among other things, that she helped a friend prepare for a polygraph test -- a claim that was soon countered by the friend in question.

    Hoft: “SHE’S A FRAUD: Dr. Ford Lied About Flying, Tight Spaces, Closed Quarters, Polygraph Tests.”

    Conservative talk radio host Erick Erickson: “Dr. Ford lied. Kavanaugh’s reputation died. All intentional to ruin a good man.”

    Fox News contributor Lisa Boothe: “You look at ... what looks like blatant lies” Ford “has told people about flying. … There’s been so many inconsistencies, so many lies.”

    And Hoft, along with others, have stated that Ford should be criminally investigated or even locked in prison.

    Fox News guest Joe diGenova: Ford “should be investigated and if necessary charged with the crime of submitting a false statement to the Senate.”

    Turning Point USA’s Candace Owens: “I would like to be among the first to say that I want Christine Blasey Ford to serve time in PRISON.”

    Hoft, citing Owens: “Is It About Time to Lock Up Christine Ford in a Prison Cell With Two Front Doors?”

  • Conservative media freak out in response to senators calling for an FBI investigation of Kavanaugh

    What are they afraid of?

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Conservative media personalities are attacking calls by a bipartisan group of senators for the FBI to investigate allegations of sexual assault against Supreme Court nominee Brett Kavanaugh following Thursday’s hearing with the nominee and Christine Blasey Ford, who testified that Kavanaugh attempted to rape her in the 1980s.

    A day after Thursday’s hearing, where Ford’s testimony was widely acknowledged as “credible” and Kavanaugh misled the senators in his own testimony, the Senate Judiciary Committee voted to send Kavanaugh’s nomination to the Senate floor for a final vote. Following some last-minute drama,Sen. Jeff Flake (R-AZ) announced he was voting to send Kavanaugh's nomination to the full Senate for a vote under the condition that the FBI spend up to a week investigating current allegations against the judge. Sens. Joe Manchin (D-WV), Susan Collins (R-ME), and Lisa Murkowski (R-AK) also voiced support for Flake’s call for a delay on the floor vote so that the FBI can investigate.

    Conservative media personalities, a couple of whom had smeared or discounted the women who reported sexual misconduct by Kavanaugh, quickly attacked the calls for the FBI investigation and called for Senate Majority Leader Mitch McConnell (R-KY) to ignore the request and quickly hold a vote to confirm Kavanaugh:

    Fox News host Sean Hannity: "Now we need one more week, why so another 15 people can be brought up by Democratic operatives?"

    Conservative author Ann Coulter: Investigation "surrenders advice & consent to corrupt FBI."

    NRA spokesperson Dana Loesch: “Because the seventh FBI background check will definitely do the trick.”

    FoxNews.com’s Stephen Miller: “If you think Dems are going to hold on a one week FBI investigation deadline you're absolutely bananas.”

    Fox News contributor Katie Pavlich: “Mitch McConnell better veto this delay. Hold the vote.”

    Conservative talk show host Erick Erickson: “Get ready -- the Democrats are going to flood the zone. Kavanaugh will be a suspected serial killer by Friday.”

    Fox News contributor Lisa Boothe: “This just means the Democrats and their friends in the media have more time to find and exploit unverified and unsubstantiated allegations against #JudgeKavanaugh.”

    Conservative talk radio host Buck Sexton: “There is nothing for the FBI to investigate. … This is just rewarding the worst political behavior of my lifetime.”

    The Daily Wire’s Ben Shapiro: “This will satisfy no one, next week will be a complete tornado of crap, and we’ll see you here next Friday!”

    Conservative author David Limbaugh: “This is not about due diligence but another delay designed to defeat Judge Kavanaugh’s confirmation.”

    Media Research Center’s Dan Gainor: “Liberals: We will keep investigating you until you are found guilty.”

    Daily Caller’s Benny Johnson: “Why give the monster a cookie in the first place?”

    MSNBC contributor Hugh Hewitt: This is a “sham of a process.”

    Hannity radio guest Jonathon Gilliam: "We do still have a realistic expectation that the deep state is part of the FBI"

  • Prominent right-wing media embrace fever swamp conspiracy theories in last ditch effort to save Kavanaugh nomination

    Blog ››› ››› ZACHARY PLEAT & TIMOTHY JOHNSON

    Melissa Joskow / Media Matters

    Update (10/2/18): This piece was updated with additional conspiracy theories that spread after publication.

    Conservative media’s response to multiple reports of sexual assault by Supreme Court nominee Brett Kavanaugh have largely relied on false claims and conspiracy theories that often originated from from fake news websites or 4chan trolls.

    Christine Blasey Ford and Deborah Ramirez have both now reported that Kavanaugh sexually assaulted them. Ford came forward first and said that Kavanaugh assaulted her during a party when she was 15 and he was 17. Ramirez told The New Yorker about an incident in which he exposed himself and put his penis in her face during a party while she and Kavanaugh attended Yale.

    Conservatives have attempted to discredit Ford and Ramirez by pushing a panoply of evidence-free claims, including misidentifying other people as Ford and Ramirez; sharing false information about legal proceedings involving Ford’s family; misrepresenting professional work done by Ford’s brother; proclaiming that Ford previously accused Supreme Court Justice Neil Gorsuch of sexual assault; and lying about Ford’s professional backgrounds.

    While many of the attacks originated from fringe outlets -- 4chan, 8chan, The Gateway Pundit, and conspiracy theorist Alex Jones' Infowars -- these false claims have been embraced by influential conservative media figures including Erick Erickson, Laura Ingraham, Rush Limbaugh, and John Fund.

    The timeline below shows when some of the most widely spread conspiracy theories in defense of Kavanaugh bubbled up and which right-wing media figures pushed them:

    September 17:

    Pro-Trump media figures attacked Ford based on student reviews of a different professor with a similar name. Right-wing media personalities, including Fox News hosts Laura Ingraham and Mark Levin and right-wing blogger Jim Hoft, highlighted student reviews of the wrong professor Ford in an absurd attempt to discredit her accusation against Kavanaugh. The falsehood gained traction after it was published by far-right website Grabien News. [Media Matters, 9/17/18]

    Right-wing websites and media figures pushed a conspiracy theory that Ford’s accusation was motivated by revenge for her parents’ home foreclosure. Right-wing bloggers Hoft and Erick Erickson repeated a conspiracy theory that Ford reported Kavanaugh for assault because his mother, also a judge, presided over a foreclose of Ford’s childhood home. But Kavanaugh’s mother had actually dismissed the foreclosure case after Ford’s parents worked out an agreement with their lender, and Ford’s parents still own the home. [Media Matters, 9/18/18]

    Trump media sycophants fabricated a connection between Ford and Fusion GPS to discredit her accusation. Right-wing websites and social media trolls smeared Ford over her brother Ralph Blasey’s work at a law firm that did legal work for Fusion GPS, a company connected to the Trump/Russia investigation. But according to the trolls’ own “evidence,” Blasey’s work at the law firm ended six years before Fusion GPS was even founded. [Media Matters, 9/18/18]

    September 18:

    Rush Limbaugh and other conservative media spread a fake claim from a serial hoaxer that Ford similarly accused Supreme Court Justice Neil Gorsuch. Right-wing media figures including Rush Limbaugh repeated a made-up claim by serial hoaxer Josh Cornett that Sen. Dianne Feinstein (D-CA) was reluctant to share a letter Ford wrote with Feinstein’s colleagues because Ford sent a similar letter about Gorsuch last year during his confirmation hearings. [Media Matters, 9/19/18]

    September 19:

    Conspiracy theorist Alex Jones falsely identified a high school yearbook photo of a girl wearing a miniskirt as Ford and called her “captain of the sluts.” Jones and his website, Infowars, smeared Ford over excerpts from high school yearbooks of Ford’s school, falsely identifying a girl wearing a miniskirt as Ford and calling her a “hussy” and “captain of the sluts.” [Media Matters, 9/20/18]

    September 20:

    Conservative media figures embraced the outlandish theory that Ford misidentified her attacker, who they claimed was really Kavanaugh’s doppelganger. Conservative media outlets and figures including Fox News, Erick Erickson, New York Times columnist Ross Douthat, and The Gateway Pundit supported a theory tweeted by conservative legal commentator Ed Whelan that Ford had confused Kavanaugh with another boy who Whelan claimed looked similar. Ford debunked the claim of mistaken identity and by the next day, Whelan had deleted his Twitter thread and apologized for publicly naming the person he suggested was the actual assailant. [Media Matters, 9/21/18]

    Far-right websites falsely claimed Ford worked for a company that manufactured an “abortion pill” to question her motive. The Gateway Pundit and other far-right websites claimed Ford’s accusation against Kavanaugh was politically motivated because of work she did for a pharmaceutical company that manufactured a so-called “abortion pill.” They said  she opposed Kavanaugh because of the possibility he would be the pivotal vote in overturning Roe v. Wade. But the pill is intended to treat a hormonal condition called Cushing’s syndrome, and it is not permitted to be prescribed to pregnant patients. [Media Matters, 9/24/18]

    September 24:

    Right-wing columnists attacked the wrong Deborah Ramirez over a “tie to George Soros.” After Ramirez told The New Yorker that Kavanaugh exposed himself to her at a party in college, right-wing columnists Quin Hillyer and John Fund claimed that Ramirez won a Soros Justice Fellowship in 2003 and criticized the magazine for leaving out that irrelevant detail -- but they identified the wrong Deborah Ramirez. Hillyer and Fund later apologized for mixing up the two women. [Media Matters, 9/24/18]

    Fox News falsely claimed Republicans were kept in the dark about Ramirez’s report until it was published by The New Yorker. In its article on Ramirez’s report of sexual assault by Kavanaugh, The New Yorker wrote that “senior Republican staffers also learned of the allegation last week. … Soon after, Senate Republicans issued renewed calls to accelerate the timing of a committee vote.” But Fox News hosts instead pushed Judiciary Committee Chairman Sen. Chuck Grassley’s (R-IA) evidence-free claim that Republican staff didn’t know about the report. [Media Matters, 9/24/18]

    September 25:

    Fox News legal analyst tried to hurt Ramirez's credibility by falsely claiming The New York Times “refused to report” Ramirez’s accusations in an effort to hurt her credibility. Fox News legal analyst Andrew Napolitano claimed Ramirez had “no credibility” with her accusation against Kavanaugh because “The New York Times refused to report her story.” But the Times didn’t publish an initial story on Ramirez’s accusation because she was already exclusively talking to The New Yorker. [Media Matters, 9/25/18]

    September 26:

    TMZ and Erick Erickson pushed a false 8chan claim that Ford’s lawyer was pictured with Hillary Clinton during the presidential election. Right-wing blogger Erickson and Trump-friendly entertainment website TMZ ran with a false claim -- originiating on 8chan message board -- that Ford’s lawyer Debra Katz was spotted in a photo with Hillary Clinton in August 2016. In fact, the woman in the photo was Clinton photographer Barbara Kinney. [Media Matters, 9/26/18]

    September 27

    Conservative media figures alleged a conspiracy after Ford gave the innocuous answer that she didn’t know who paid for her polygraph test. Prior to coming forward, Ford underwent a polygraph exam that concluded that her account of the assault by Kavanaugh was “not indicative of deception.” During her September 27 appearance before the Senate Judiciary Committee, Ford was asked who paid for the exam and she responded that she didn’t know. Conservative media figures, including Fox News writer Stephen Miller, Fox News contributor Katie Pavlich, and Turning Point USA’s Charlie Kirk, suggested that her answer was indicative of some sort of anti-Kavanaugh conspiracy. Later during the hearing, Ford’s lawyers said that they paid for it, which would be standard practice for the pro bono representation Ford is receiving. [Media Matters, 9/27/18]

    Members of right-wing media fabricated a “gotcha” moment by making a big deal about the fact that Ford has flown on planes. Ford’s fear of flying played a role in the back-and-forth with the committee leading up to her testimony, which she ultimately decided to fly to D.C. to deliver. During her testimony, Ford was questioned by a sex crimes prosecutor about past instances when she has flown, including for vacation. Conservative outlets and media figures, including Breitbart, Washington Examiner, National Rifle Association spokesperson Dana Loesch, and Ben Shapiro, all ran with the prosecutor’s insinuation that Ford had lied about being afraid of flying, failing to acknowledge that plenty of people who are scared of flying nonetheless can and do fly. [Media Matters, 9/27/18]

    September 28

    Michael Savage spread a conspiracy theory that Ford is “deeply tied to the CIA.” Conservative radio host and conspiracy theorist Michael Savage sent a tweet that went viral that claimed to list three areas where Ford had connections to the Central Intelligence Agency, all of which fell apart upon cursory inspection. In one of the instances, Savage claimed that the law firm that Ford’s brother previously worked at shares office space with several businesses he said was operated by the CIA. But there is no evidence those businesses are connected to the CIA; one of them is actually a janitorial company that doesn’t even share office space with the firm in question. Infowars’ Alex Jones promoted Savage’s conspiracy theory, which was also the top Google search result for “Christine Ford CIA” on September 28. [Media Matters, 9/28/18]

    October 1:

    A contributor to The Federalist suggested that Ford hypnotized herself in order to create a false memory of assault by Kavanaugh. Margot Cleveland, a senior contributor to The Federalist, seized on a 2008 academic article co-authored by Ford, who is a psychology professor, and 10 others that mentioned the use of hypnosis in therapy. The bizarre conspiracy theory was a misrepresentation of the article, which cited research from 1964 about hypnosis being used by therapy patients to “improve rapport in the therapeutic relationship, assist in the retrieval of important memories, and create artificial situations that would permit the client to express ego-dystonic emotions in a safe manner.” The study described by the article involved participants who were trained in self-hypnosis for use in “relaxation and affect regulation” -- not to create false memories. One of Ford’s co-authors spoke to Media Matters and slammed the conspiracy theory as “absolutely ridiculous” and that “the study had absolutely nothing to do with the creation of false memories, or the creation of memories of any kind.” The co-author noted additionally that Ford was a statistical consultant on the report, not a participant in the study, and that she worked on the data after it was collected. The disreputable website The Gateway Pundit advanced the conspiracy theory, which also spread on 4chan and Reddit’s pro-Trump “r/TheDonald” subreddit. [Media Matters, 10/1/18]

    Various dates:

    Photos falsely represented as Ford have been repeatedly shared online to discredit her. The fact-checking website Snopes.com has debunked several purported images of Ford that were spread online to discredit her. One of them was actually a photo of Ukrainian human rights activist Lyudmyla Kozlovka with philanthropist George Soros, whom the right-wing treats as a boogeyman. Another featured a photo of a half-naked woman pouring alcohol that is apparently from the 1960s, possibly before Ford was even born. Another smear attempt claimed that various women pictured at anti-Trump protests were Ford; one of them was identified as a woman named Liz Darner, while the other doesn’t “have much resemblance” to Ford, according to Snopes. The anti-choice outlet Life News and the conservative Daily Caller promoted the miscaptioned protest photos. [Snopes.com, 9/25/18, 9/23/18, 9/19/18, Twitter, 9/18/18]

  • Conservative media rally around Kavanaugh amid second allegation of sexual misconduct

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Conservative media figures reacted to a New Yorker story that a second woman reported Supreme Court nominee Brett Kavanaugh for sexual misconduct by digging in on their support for him and demanding that Republicans hurry up and confirm him.

    The New Yorker reported on Sunday evening that Deborah Ramirez, who attended Yale University with Kavanaugh, said that according to her recollection, “Kavanaugh had exposed himself at a drunken dormitory party, thrust his penis in her face, and caused her to touch it without her consent as she pushed him away”:

    Ramirez said that, when both she and Kavanaugh were freshmen at Yale, she was invited by a friend on the women’s soccer team to a dorm-room party. She recalled that the party took place in a suite at Lawrance Hall, in the part of Yale known as Old Campus, and that a small group of students decided to play a drinking game together. “We were sitting in a circle,” she said. “People would pick who drank.” Ramirez was chosen repeatedly, she said, and quickly became inebriated. At one point, she said, a male student pointed a gag plastic penis in her direction. Later, she said, she was on the floor, foggy and slurring her words, as that male student and another stood nearby. (Ramirez identified the two male onlookers, but, at her request, The New Yorker is not naming them.)

    A third male student then exposed himself to her. “I remember a penis being in front of my face,” she said. “I knew that’s not what I wanted, even in that state of mind.” She recalled remarking, “That’s not a real penis,” and the other students laughing at her confusion and taunting her, one encouraging her to “kiss it.” She said that she pushed the person away, touching it in the process. Ramirez, who was raised a devout Catholic, in Connecticut, said that she was shaken. “I wasn’t going to touch a penis until I was married,” she said. “I was embarrassed and ashamed and humiliated.” She remembers Kavanaugh standing to her right and laughing, pulling up his pants. “Brett was laughing,” she said. “I can still see his face, and his hips coming forward, like when you pull up your pants.” She recalled another male student shouting about the incident. “Somebody yelled down the hall, ‘Brett Kavanaugh just put his penis in Debbie’s face,’ ” she said. “It was his full name. I don’t think it was just ‘Brett.’ And I remember hearing and being mortified that this was out there.”

    Ramirez acknowledged that there are significant gaps in her memories of the evening, and that, if she ever presents her story to the F.B.I. or members of the Senate, she will inevitably be pressed on her motivation for coming forward after so many years, and questioned about her memory, given her drinking at the party.

    And yet, after several days of considering the matter carefully, she said, “I’m confident about the pants coming up, and I’m confident about Brett being there.” Ramirez said that what has stayed with her most forcefully is the memory of laughter at her expense from Kavanaugh and the other students. “It was kind of a joke,” she recalled. “And now it’s clear to me it wasn’t a joke.”

    Another classmate told The New Yorker that he heard about the incident at the time and that he was told Kavanaugh was the one who exposed himself to Ramirez.

    The new reporting follows a week of right-wing media attacks on Kavanaugh’s first accuser, Christine Blasey Ford, who says Kavanaugh attempted to rape her when they were in high school. Ford has agreed to testify before the Senate Judiciary Committee this coming Thursday, but after this new allegation, Sen. Dianne Feinstein (D-CA) has called for that hearing to be delayed.

    At least one right-wing pundit, Ann Coulter, became unhinged on Twitter following the publication of Ramirez’s story:

    Other conservatives called Ramirez’s accusation fake, criticized the timing of her going public, demanded Republicans stand by Kavanaugh anyway, and painted Kavanaugh as the true victim of these alleged sexual assaults.

    Conservatives allege Ramirez’s account is part of a Democratic conspiracy

    Fox & Friends co-host Anna Kooiman: “Is this a drip, drip, drip … by the Democrats trying to delay everything until the midterm elections and really fire up their base saying Republicans are bullies?”

    Conservative talk radio host Erick Erickson: “It seems more and more likely that the Blasey Ford delays were not to let her drive across country, but were to allow the Ramirez hit to get out. This is all coordinated and none of it is credible.”

    Wall Street Journal columnist Kimberley Strassel: “The left made a mistake with this Ramirez story. … It strongly suggests the Ford delay demands were about cooking this up. Destroys credibility all around.”

    Fox Business anchor Dagen McDowell: “I think that this -- the timing is suspect and people have [a] right to question this second accuser coming forward.”

    Daily Wire’s Matt Walsh: “Democrats were stalling last week to give themselves more of an opportunity to conjure up another accuser against Brett Kavanaugh,” and “they whipped together another accusation.”

    Conservatives use latest accusation to demand Republican senators stand by Kavanaugh

    Turning Point USA’s Charlie Kirk: “Senate Republicans: DO NOT CAVE! If you were up for this nomination I bet many of you would have plenty of these fake accusations come up. Stand by our guy. Do not waver.”

    NRATV’s Dan Bongino: “Hill Democrats are consumed by raw hatred. Their capacity for evil knows no limits anymore. Correspondingly, the Hill Republicans shamefully showed weakness & cowed to their demands. … Hill Republicans let us down again.”

    The Rebel’s Amanda Head: If Sen. Charles Grassley (R-IA) and Republicans “don’t fight these allegations and #ConfirmKavanaghNow we will lose midterms, we will lose 2020, and what’s worse, we will lose any chance at seeing a conservative majority SCOTUS in our lifetime.”

    Federalist co-founder Sean Davis: “Senate Republicans have a simple choice: stand up to a coordinated Democrat smear campaign and confirm Kavanaugh, which will energize GOP voters and preserve House/Senate majorities, or buckle under Democrat lies and give up congressional GOP majorities for a decade or more.”

    CRTV’s Michelle Malkin: If Senate Republicans “refuse to man up & stop coordinated Dem smear campaign once & for all, the consequences reach far beyond the electoral landscape.”

    Trump campaign adviser Katrina Pierson: “#ConfirmBrettKavanaughNow.”

    One America News Network host Jack Posobiec: “Raise your hand if you think the GOP should stop playing games and hold the Kavanaugh vote Monday.”

    Conservatives complain Kavanaugh is the real victim here, not Ford or Ramirez

    Fox News host Laura Ingraham: Accusations against Kavanaugh are “a left-wing cabal, a left-wing conspiracy all coming together, swarming together.”

    Fox News anchor Martha MacCallum: “‘Sickening’ was the word I heard most often this weekend to describe what is happening. Innocent until proven guilty is how we do this in America.”

    Fox News contributor Lisa Boothe: “What is happening to #JudgeKavanaugh is wrong and terrifying.”

    Former Fox News host Bill O’Reilly: “Republicans are becoming terrified of the Kavanaugh situation because they know the media will embrace every lurid accusation without scrutiny, and no one will be held accountable for ignoring due process.”

    Independent Women Forum’s Julie Gunlock: “What Ms. Ramirez and her enablers have done is odious. She’s destroying the life of a good man based on her own hazy memory of an event that happened decades ago when she was admittedly drunk.”

    Turning Point USA's Charlie Kirk: “These are POLITICAL HIT JOBS against a sterling person.”

    American Conservative Union’s Matt Schlapp: “This Kavanaugh confirmation has transformed into a disgrace. How is it when Dems win their SC noms get an easy time, but ours get mauled.”

    Daily Caller’s Amber Athey: “I have no words for how sickened I am by how the left and the establishment media are weaponizing non-credible sexual assault claims to destroy a human being.”

  • Here are the conservative media outlets and figures pushing the outlandish theory that Christine Blasey Ford misidentified her attacker

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Conservative legal commentator Ed Whelan yesterday pushed a theory that it wasn’t Supreme Court nominee Brett Kavanaugh who sexually assaulted Christine Blasey Ford, but another man who looked like Kavanaugh. While many have denounced the speculation, calling it, for instance, “wildly irresponsible,” several mainstream and fringe conservative media outlets and personalities endorsed Whelan’s theory.

    Ford has debunked the claim, saying there’s “zero chance that I would confuse them.” Though Whelan later deleted his tweets and apologized for identifying the supposed doppelganger, he hasn’t retracted his theory.

    In the days before Whelan tweeted his ridiculous theory, other conservative media figures and even a Republican lawmaker speculated that Ford was mistaken about who assaulted her. A Wall Street Journal editorial published on September 17 with the title “The #MeToo Kavanaugh Ambush” claimed, “Mistaken identity is also possible.” The same day, Fox News The Five co-host Jesse Watters speculated, “Maybe it was a case of mistaken identity.” And Sen. Orrin Hatch (R-UT), who sits on the Senate Judiciary Committee, suggested Ford is “mixed up.” On September 18, conservative Washington Post columnist Kathleen Parker wrote that “as crazy as that sounds, it wouldn't be unheard of” for this to be just a matter of “mistaken identity,” in a column titled “Is there a Kavanaugh doppelganger?”

    But it was Whelan’s now-deleted thread of tweets, posted on September 20, that spread throughout conservative media. Those who promoted it include:

    Fox & Friends co-host Steve Doocy: Whelan “figured out what house it may have happened at, because it was a house closest to the golf course, and then realized whose house it was and looked at a picture of the young man who lived there at the time who was a classmate of Mr. Kavanaugh's. Put up side by side images, they look a lot alike.”

    Conservative blogger Erick Erickson: Whelan “decided to put up a more compelling story that embraces Ford’s theory of assault.”

    While I am still not convinced there was an assault on Professor Ford, an intriguing theory has come forward that embraces the idea she was assaulted and makes a far more plausible case than that Brett Kavanaugh did it.

    Ed Whelan of the Ethics and Public Policy Center decided to put up a more compelling story that embraces Ford's theory of assault, while filling in the details she provided. And while I continue to find it unseemly to drag another innocent person into a fraudulent claim, the facts are very compelling that this is the location and things make more sense if you assume Ford was assaulted.

    The facts, as Ed Whelan laid them out, are that Brett Kavanaugh did go to school with someone who has a striking resemblance. That person lived within walking distance of the club Ford claims she had been at. The home matches the limited description Ford provided. I suspect more information will roll out as well over the coming days.

    I continue to believe Ford's accusation is not credible. If you find it credible, Whelan's evidence is compelling unless you're just trying to stop Kavanaugh for partisan or ideological reasons.

    Conservative NY Times columnist Ross Douthat: I “assume there’s more reason to believe [Whelan’s] doppelganger theory than just what he just tweeted.”

    Gateway Pundit: Whelan “drops pictures and evidence that blows Christine Ford’s case wide open.”

    Accuser Christine Blasey Ford is waging a war on Trump’s SCOTUS nominee Brett Kavanaugh with decades-old, unsubstantiated claims of sexual assault in an effort to derail his confirmation to the Supreme Court.

    Judge Kavanaugh has categorically denied the allegations and even told Senator Orin (sic) Hatch he wasn’t at the party in question.

    Ed Whelan, Justice Scalia’s former law clerk and president of conservative think tank the Ethics and Public Policy Center (EPPC), came out in defense of Brett Kavanaugh and said compelling evidence will come out next week exonerating Kavanaugh.

    On Thursday afternoon, Ed Whelan started dropping pictures and evidence that may blow Christine Ford’s case wide open.

    Twitchy: “Ed Whelan’s BOMBSHELL thread takes Ford’s accusations against Kavanaugh apart.”

    Earlier today, Twitchy covered the ‘rumor’ that information had been obtained that some felt would 100% exonerate Kavanaugh. This originally stemmed from tweets Ed Whelan sent out in the first part of this week.

    Welp, looks like Ed made good on his claim and posted a thread of facts that would give anyone pause as to what really did and did not happen to Ford and could eventually prove Kavanaugh’s innocence.

    Keep in mind, we can neither confirm nor deny anything Whelan has stated in his bombshell thread.

    Zero Hedge: “Was Kavanaugh accuser almost raped by his doppelganger? A new theory emerges.”

    A new theory has emerged in the case of whether Supreme Court nominee Brett Kavanaugh sexually assaulted accuser Christine Blasey Ford roughly 35 years ago; it was Kavanaugh's high school look-alike, whose high school house better fits Ford's description, and who kept in touch with the other guy allegedly in the room, Mark Judge.

    The theory was presented Thursday afternoon by Ed Whelan, a former clerk to USSC Justice Antonin Scalia and currently president of the Ethics and Public Policy Center (EPPC), a conservative think tank.

    The Goldwater: “Breaking: Attorney Ed Whelan drops explosive evidence of vindication for Judge Kavanaugh.”

    Ford has been traumatized by the memory of sexual assault for 35 years. She sought therapy in 2012 due to the horrible memories. No one would go to all that trouble for nothing. Something happened to her.

    I couldn’t wrap my head around this story. What happened here? There had to be an explanation. Something I was missing. Then I read a story today that closed some loopholes for me. Below is the story I read.

    Please note that I am in no way stating that this is true. We have no idea what happened to Ford back when she was a teenager. This is just one idea, one possibility. Keep in mind that Ford can’t remember much about the details. It was a long time ago. This is why Kavanaugh should have never been put through this. He and his family are suffering, and Ford has no facts to base her allegations on.

    Ed Whalen’s Theory of Kavanaugh Rape…

    Conservative Firing Line: “It looks like the case brought against Judge Brett Kavanaugh just took another serious hit.”

    It looks like the case brought against Judge Brett Kavanaugh just took another serious hit. The Washington Post reported that Ed Whelan, a former clerk for the late Supreme Court Justice Antonin Scalia and the president of conservative think tank the Ethics and Public Policy Center (EPPC), said “compelling evidence” which apparently includes photos and maps would exonerate Kavanaugh from allegations brought by Christine Blasey Ford.

    Powerline promoted Whelan’s tweets with headline “Mistake identity?”

    Paul (and Senator Orrin Hatch) has already mentioned the possibility that Dr. Ford’s allegation of sexual assault by Brett Kavanaugh may be a case of mistaken identity, based in part on Ed Whelan’s cryptic tweets that Kavanaugh is going to be fully exonerated. This has set off a firestorm of rumors and expectations. Whelan has just now (6 pm eastern time) provided one specific scenario of this on Twitter, offering up a specific name (though careful to note that he makes no allegation of implication that the other person, Chris Garrett, assaulted Ford as claimed).

    Read the whole thread—it doesn’t take long, but it is not easily summarized here.

  • Right-wing media go all-out to denigrate Christine Blasey Ford, who says Kavanaugh assaulted her

    Ford said Supreme Court nominee Brett Kavanaugh attempted to rape her when they were high school students, but many media conservatives attacked her or say Kavanaugh should be confirmed anyway

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    The Washington Post reported on Sunday that Christine Blasey Ford had written a letter this summer to a Democratic lawmaker saying that Supreme Court nominee Brett Kavanaugh sexually assaulted her when they were both high school students. Soon after Ford’s account was published, right-wing media figures and outlets began attacking her credibility, publicly discounting her story, or calling on Kavanaugh to be confirmed by Republicans anyway.

    Details from the letter, which she wrote to Sen. Dianne Feinstein (D-CA), leaked out several days earlier, and then Ford “decided that if her story is going to be told, she wants to be the one to tell it.” From the Post’s story:

    Speaking publicly for the first time, Ford said that one summer in the early 1980s, Kavanaugh and a friend — both “stumbling drunk,” Ford alleges — corralled her into a bedroom during a gathering of teenagers at a house in Montgomery County.

    While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.

    “I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”

    Ford said she was able to escape when Kavanaugh’s friend and classmate at Georgetown Preparatory School, Mark Judge, jumped on top of them, sending all three tumbling. She said she ran from the room, briefly locked herself in a bathroom and then fled the house.

    Ford said she told no one of the incident in any detail until 2012, when she was in couples therapy with her husband. The therapist’s notes, portions of which were provided by Ford and reviewed by The Washington Post, do not mention Kavanaugh’s name but say she reported that she was attacked by students “from an elitist boys’ school” who went on to become “highly respected and high-ranking members of society in Washington.” The notes say four boys were involved, a discrepancy Ford says was an error on the therapist’s part. Ford said there were four boys at the party but only two in the room.

    Notes from an individual therapy session the following year, when she was being treated for what she says have been long-term effects of the incident, show Ford described a “rape attempt” in her late teens.

    Kavanaugh has denied the report after Ford went public, calling it “a completely false allegation.” He previously said, “I categorically and unequivocally deny this allegation.” The immediate reaction from many conservative media figures was terrible: Many cast doubt on her account, others suggested they might believe her but said Kavanaugh should be confirmed as a Supreme Court justice anyway, and others impugned her motives, suggesting a political or personal grudge.

    Conservatives who cast doubt on Ford’s account

    FoxNews.com’s Stephen Miller: “This was not a sexual assault. … Hold the vote. Confirm him. … It was drunk teenagers playing seven minutes of heaven.”

    Breitbart’s John Nolte: “GOP blows Kavanaugh, falls for this, they will be massacred in November.”

    Conspiracy theorist Alex Jones mocked Ford’s accusation: “Brett Kavanaugh in 1986 came to Dallas, TX, and I was in high school, and he raped me.”

    Trump ally and conservative political operator Roger Stone: “This is a woman looking for her Anita Hill moment. This is her 15 minutes.”

    Turning Point USA’s Candace Owens: “Nothing to see here, folks,” Ford is “just another woman who conveniently tripped and fell out of amnesia.”

    Conservative radio host Erick Erickson: “If the GOP does not stand up to this character assassination attempt on Kavanaugh, every judicial nominee moving forward is going to suffer last minute sexual assault allegations.”

    Erick Erickson: “I do not believe Brett Kavanaugh’s accuser. I do believe there is a Democrat PR firm working this story.”

    Erick Erickson: “People who want to keep killing kids really shouldn’t be throwing Jesus in the face of those who don’t believe the accusation against Kavanaugh.”

    Fox News’ Tomi Lahren: “Decades-old allegations against Kavanaugh come out just days before a vote….victim or opportunist?”

    Tomi Lahren: "Female empowerment is NOT using sexual assault allegations to torpedo someone you disagree with politically."

    Fox contributor Tammy Bruce: Report of assault by Kavanaugh is “an attempt at a political assassination.”

    Newsmax’s John Cardillo: “No, 35+ year old dubious allegations about a non-crime made by a left-wing activist … do not hold water.”

    NRATV’s Grant Stinchfield: “I have no idea if Judge Kavanaugh pushed this woman down on a bed at a high school house party where she wriggled free and ran away or not. What I do know is in the 35 years since, not one other woman has raised such an allegation. Sixty-five other women have, in fact, now come to his defense.”

    Fox Business host Dagen McDowell: “You have to press [Ford] on any potential bias that’s there” against Republicans.

    Fake news site TruthFeed: Ford’s story has “more holes than a slice of swiss cheese.”

    The despicable Democrats are pulling out all the stops to try and derail the Judge Kavanaugh vote for SCOTUS.

    They’re now claiming that Judge Kavanaugh attacked a woman in high school, nearly killing her. The woman, whose story has more holes than a slice of swiss cheese, claims there was a man in the room who witnessed the entire thing.

    One big problem. That man, says it never happened.

    Facebook page Silence is Consent posted a meme misleadingly claiming Ford was “so ‘devastated’” by incident “she contacted Feinstein 35 years later.”

    Fox Business host Bob Massi:The thing that’s remarkable to me” is that someone “with amazing credentials, amazing resumes, and an allegation like this comes out … and their entire career credibility is gone. … That’s the trouble with this.”

    Sean Hannity radio show guest David Schoen: "The real crime here that happened" is Sen. Dianne Feinstein "presenting this thing under ... this veil of mystery."

    Fox News host Sean Hannity cast doubt on Ford's accusation because of "everything else you see about Judge Kavanaugh's life ... this is a guy that spends a lot of time feeding the homeless."

    CRTV's Gavin McInnes: Ford is "clearly full of crap." 

    CRTV's Mark Levin on Ford's accusation: "This whole thing to me sounds like a sham and a setup. ... This is an entire political scam and sham as far as I'm concerned."

    Ethics and Public Policy Center Lance Morrow's Wall Street Journal op-ed likened Ford's accusation to Salem Witch Trials, diminished alleged rape attempt: "No clothes were removed, and no sexual penetration occurred."

    The Salem witch trials turned on what was called “spectral evidence.” That was testimony from witnesses—either malicious or hysterical—who claimed the accused had assumed the form of a black cat or some other devilish creature and had come visiting in the night in order to torment the witness with bites and scratches, or to rearrange the bedroom furniture, or to send the baby into paroxysms.

    ...

    Three hundred twenty-six years later, an anonymous woman—a spectral and possibly nonexistent woman, for all that one knew when the story emerged—accused Brett Kavanaugh of sexually assaulting her 36 years ago, when he was a high-school student. It seemed as if the American constitutional process might be drawn back to the neighborhood of Salem, Mass. According to this phantom testimony, 17-year-old Brett held the girl down, pawed her and tried to force himself upon her, and held his hand over her mouth when she screamed, until a second prep-school devil piled on top, they all tumbled to the floor, and the girl managed to slip away. The boys were “stumbling drunk,” according to the account.

    ...

    The thing happened—if it happened—an awfully long time ago, back in Ronald Reagan’s time, when the actors in the drama were minors and (the boys, anyway) under the blurring influence of alcohol and adolescent hormones. No clothes were removed, and no sexual penetration occurred. The sin, if there was one, was not one of those that Catholic theology calls peccata clamantia—sins that cry to heaven for vengeance.

    The offense alleged is not nothing, by any means. It is ugly, and stupid more than evil, one might think, but trauma is subjective and hard to parse legally. Common sense is a little hard put to know what to make of the episode, if it happened. The dust of 36 years has settled over the memory. The passage of time sometimes causes people to forget; sometimes it causes them to invent or embellish. Invention takes on bright energies when its muse is politics, which is the Olympics of illusion. 

    Conservatives who indicated that whether or not they believe Ford, Kavanaugh should be confirmed

    Federalist contributor Tom Nichols: “I’m good with the story being true,” but it shouldn’t “derail [his] nomination.”

    Daily Wire’s Matt Walsh: Ford’s report can’t be proven, “so he should be confirmed.”

    Cato Institute’s Ilya Shapiro: “The Senate should just vote” on Kavanaugh.

    The Federalist: Kavanaugh “should be confirmed” despite Ford’s report.

    Townhall.com editor Guy Benson: “Absent additional evidence, I don’t know how it would be remotely just to derail the nomination” of Kavanaugh.

    The Wall Street Journal editorial board suggested Ford possibly misremembered "in the cauldron of a therapy session to rescue a marriage," and stated that letting Ford's accusation "stop Mr. Kavanaugh's confirmation would ratify what has all the earmarks of a calculated political ambush."

    The woman accusing Brett Kavanaugh of a drunken assault when both were teenagers has now come forward publicly, and on Monday it caused Republicans to delay a confirmation vote and schedule another public hearing. Yet there is no way to confirm her story after 36 years, and to let it stop Mr. Kavanaugh’s confirmation would ratify what has all the earmarks of a calculated political ambush.

    ...

    Mr. Kavanaugh denies all this “categorically and unequivocally,” and there is simply no way to prove it. The only witness to the event is Mr. Kavanaugh’s high school male friend, Mark Judge, who also says he recalls no such event. Ms. Ford concedes she told no one about it—not even a high school girl friend or family member—until 2012 when she told the story as part of couples therapy with her husband.

    The vagaries of memory are well known, all the more so when they emerge in the cauldron of a therapy session to rescue a marriage. Experts know that human beings can come to believe firmly over the years that something happened when it never did or is based on partial truth. Mistaken identity is also possible.

    ...

    This is simply too distant and uncorroborated a story to warrant a new hearing or to delay a vote. We’ve heard from all three principals, and there are no other witnesses to call. Democrats will use Monday’s hearing as a political spectacle to coax Mr. Kavanaugh into looking defensive or angry, and to portray Republicans as anti-women. Odds are it will be a circus.

    ...

    Letting an accusation that is this old, this unsubstantiated and this procedurally irregular defeat Mr. Kavanaugh would also mean weaponizing every sexual assault allegation no matter the evidence. It will tarnish the #MeToo cause with the smear of partisanship, and it will unleash even greater polarizing furies.

    Conservatives who attacked Ford’s motives

    Mike Cernovich: “Christine Blasey is a far left wing activist. ... this is straight activism on her part.”

    The Gateway Pundit: Ford is a “far-left activist.”

    Gateway Pundit’s Jim Hoft: Ford is an “unhinged liberal professor who former students describe as dark, mad, scary and troubled.”

    Fox News host Laura Ingraham: “Apparently this accuser was fine with leaving Brett Kavanaugh on the second highest court of the land. … But it was when he was up for the Supreme Court that suddenly the stakes got higher.”

    Laura Ingraham: "This all has the whiff of a political smear masquerading as a sexual assault allegation."

    Fake news site RedstateWatcher: Ford is a "registered Democrat and Democrat activist.”

    Conservative talk radio host Rush Limbaugh: Ford is "a political activist. She's an angry political activist. She's much more than just a victim of alleged attempted rape."

    Fox News host Tucker Carlson: "Does anyone really believe this story would have surfaced if Brett Kavanaugh had pledged allegiance to Roe v. Wade? Of course it wouldn't have."​

    Right-wing Facebook meme pages and groups engaged in a smear campaign against Ford

    Many right-wing meme pages attacking Ford falsely painted her as a Democratic political operative. [1, 2, 3, 4]

    Some pages tried to undermine Ford’s allegations by questioning her timing in coming forward and her memory of the incident. [1, 2, 3, 4, 5]

    A woman from a Shuttershock photo of an anti-Trump protest in New York City was falsely attributed as Ford. [1, 2]

    Alex Kaplan and Natalie Martinez contributed research to this post.