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  • 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:

  • 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"

  • Media Matters president responds to reports that Jeff Sessions aims to open federal investigation against Facebook, Google, Twitter

    Blog ››› ››› MEDIA MATTERS STAFF

    Media Matters President Angelo Carusone released the following statement after the Justice Department’s “listening session” with state attorneys general concerning tech companies:

    Today’s so-called listening session was nothing more than another attempt for the Trump administration to game the refs so that they can continue to cheat social media platforms the way the Trump campaign did in 2016.

    In 2016, right-wing efforts to game the refs at Facebook greatly contributed to amplification of fake news. Baseless cries of bias no doubt contributed to Twitter’s inconsistent enforcement of its terms of service and response to its climate of harassment.

    If the Trump administration wanted to hold tech companies to account they could pressure them to better protect Americans from foreign interference, misinformation, and hate speech. Instead, they’ve chosen to focus on claims of supposed bias against conservatives that have no basis in fact. Jeff Sessions should stop wasting taxpayer resources for nefarious and political reasons.

  • 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.