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  • Right-wing media hype flawed report on illegal voting pushed by serial conservative misinformers

    ››› ››› JULIE ALDERMAN

    Conservative media are reporting on a study claiming that thousands of illegal votes have been cast in Virginia since 1988. However, the study's authors have reportedly used “unreliable methodology” before, its findings go against those of several other studies and experts on voter fraud, and a person inaccurately targeted in it has called it a “gross misrepresentation of the facts.” Additionally, the study was put out by groups known for spreading conspiracy theories and fables about voter fraud and intimidation and which have previously used dubious methodologies in their studies.

  • How The Media Fell For A Lie That A Muslim American Veteran Was Arrested For Connection With ISIS

    The Intercept Debunks Right-Wing Media Lie: "The Widespread Smearing Of Saadiq Long As Having Joined An ISIS Cell, Is Completely False"

    Blog ››› ››› KATE SARNA

    An investigative report by The Intercept explained how national and local media outlets uncritically repeated a false right-wing story that claimed a Muslim American veteran was arrested in Turkey for his connection with the terrorist group ISIS. The story originated from a right-wing blog that used anonymous sources with no knowledge of why the veteran was detained. Saadiq Long was not arrested for or accused of having a connection with a terror cell and currently faces no criminal charges.

    In November, PJ Media published a story claiming that Long, an American veteran who received media attention after he was secretly placed on no-fly list, was "arrested in Turkey as part of ISIS cell."

    Fox NewsRedState, and right-wing anti-Muslim figures like Pam GellarRobert Spencer, and Ann Coulter also pushed the story. Local media in Oklahoma, where Long's family resides, also joined the conservative media outlets repeating the false story.

    The Intercept's Glenn Greenwald and Murtaza Hassain debunked the PJ media story in a December 10 Intercept post reporting that "the widespread smearing of Long as having joined an ISIS cell, is completely false" (emphasis added):

    A RIGHT-WING BLOG called "Pajamas Media" published an article on November 24 claiming that Saadiq Long, a Muslim American veteran of the U.S. Air Force, was arrested in Turkey for being an ISIS operative. Written by Patrick Poole, a professional anti-Muslim activist and close associate of Frank Gaffney, the article asserted that Long "finds himself and several family members sitting in a Turkish prison -- arrested earlier this month near the Turkey-Syria border as members of an ISIS cell." Its only claimed sources were anonymous: "U.S. and Turkish officials confirmed Long's arrest to PJ Media, saying that he was arrested along with eight others operating along the Turkish-Syrian border. So far, no U.S. media outlet has reported on his arrest."

    Long's purported arrest as an ISIS operative was then widely cited across the internet by Fox News as well as right-wing and even non-ideological news sites. Predictably, the story was uncritically hailed by the most virulent anti-Muslim polemicists: Pam Geller, Robert Spencer, Ann Coulter, and Sam Harris. Worst of all, it was blasted as a major news story by network TV affiliates and other local media outlets in Oklahoma, where Long is from and where his family -- including his sister and ailing mother -- still reside.

    But the story is entirely false: a fabrication. Neither Long nor his wife or daughter have been arrested on charges that he joined ISIS. He faces no criminal charges of any kind in Turkey.


    To begin with, it's irresponsible in the extreme to spread claims that someone has been arrested for joining ISIS without a very substantial basis for believing that's true. That's a claim that will be permanently attached to the person's name. The people who uncritically spread this "report" had nothing approaching a sufficient basis for doing so, and worse, most of them simply repeated the assertion that he was an ISIS operative as though it were verified fact.

    Beyond that, the only outlet to have "reported" this claim about Long and his family is Pajamas Media. Does anyone find that to be a credible news source, let alone one credible enough to permanently vilify someone as an ISIS member? The specific author of the report, Poole, swims exclusively in the most toxic, discredited, anti-Muslim far-right swamps -- he's a favorite of Frank Gaffney, last seen as the prime mover of Donald Trump's "ban Muslims" proposal -- and it is nothing short of shameful that so many people vested this anonymous smear with credibility. 

  • Conservative Media Cite National Parks To Mislead On EPA Ozone Standard

    ››› ››› ANDREW SEIFTER

    In addition to repeating debunked claims that a new Environmental Protection Agency (EPA) ozone standard will harm the economy and do nothing to improve public health, conservative media are pointing to ozone that naturally occurs in national parks as supposed evidence that the EPA standard is unfair and unnecessary. But while some "background ozone" does come from natural sources like wildfires -- and from industrial pollution drifting into a state from outside the U.S. -- levels of background ozone are not high enough to prevent states from meeting the EPA's new standard, and states are not responsible for reducing it.

  • Right-Wing Media: Donate To Donald Trump (And We'll Take A Cut)

    Blog ››› ››› ERIC HANANOKI

    Conservative media outlets are trying to cash in on Donald Trump's presidential run through paid email solicitations.

    The Washington Post reported, "Newsmax Media has reached out to owners of conservative e-mail lists with a request to help raise money for Trump  -- all while allowing them to keep 30 percent of what's contributed to the candidate."

    The Post wrote that Newsmax sent an email stating the "Trump team is willing to pay 3rd party email list owners like yourself 30 percent of gross donations made to your email list" and "we think this will be highly profitable." Newsmax said they could provide sample Trump banners, links, and emails, and added that "these are considered paid ads, and don't imply an endorsement on the part of Newsmax or by any third party affiliate like yourself for the Trump campaign."

    The Daily Caller, Dick Morris, Michael Reagan, PJ Media, and Herman Cain have sent paid email fundraising solicitations on behalf of the Trump campaign to their newsletter subscribers, according to a Media Matters search of its newsletter archive. Morris and Reagan state their emails came via Newsmax. The Caller, Cain and PJ Media emails do not mention Newsmax (the Post, which noted Cain's email, said Newsmax wouldn't confirm if Cain sent the Trump email through them). The emails sent by the outlets appear to work off the same "Urgent Letter from Donald Trump" template referenced in the Newsmax solicitation highlighted by the Post. 

    An August 10 email sent by Dick Morris, for instance, asked after the Fox News debate: "Trump or Megyn? Show Your Support for Donald."  A notice at the bottom notes that Morris "is represented exclusively by Newsmax Media."

    Newsmax is also peddling Trump's "Make America Great Again" hat as a bonus for signing up for a trial subscription to its magazine. 

    Newsmax is a natural partner for Trump, as it has been a frequent promoter of his political ambitions. 

    Breitbart has been accused of accepting financial backing from Trump in exchange for positive coverage, a charge the outlet denies. 

    It's not clear why the campaign of a billionaire who has said he's rich enough to self-fund and doesn't "need anybody's money" has to solicit donations. Media Matters has frequently documented how much of the conservative media is trying to cash-in on their followers. 

  • Conservative Men: Hillary Clinton Would Be Nothing "If She Hadn't Married The Guy"

    Blog ››› ››› ERIC HANANOKI

    Conservative pundits are attacking Hillary Clinton as "anathema to feminists" because she "married up," never achieved anything aside from being "the president's wife," and "has only ever gotten anywhere in politics because of who she's married to."

    During the 2008 campaign, Clinton was frequently the target of sexist remarks by pundits.

    Erika Falk, an executive director at Georgetown's McCourt School of Public Policy, wrote in Women for President: Media Bias in Nine Campaigns that during the 2008 campaign, media "conveyed disrespect for Clinton ... by implying that she has no personal accomplishments and all her success was due to her husband." University of Maryland professor Shawn J. Parry-Giles similarly noted in Hillary Clinton in the News: Gender and Authenticity in American Politics that pundits "complained that Clinton's accomplishments derived from her opportunistic marriage rather than her own credentials, further eroding her feminist commitments and her political authenticity."

    The refrain that Clinton "has only ever gotten anywhere in politics because of who she's married to" has resurfaced again regarding her 2016 presidential campaign.

  • Right-Wing Media Cite Lesbian "Throuple" To Attack Marriage Equality

    Blog ››› ››› LUKE BRINKER

    Right-wing media are seizing on the story of a lesbian "throuple" to falsely suggest that legalizing same-sex marriage inevitably leads to the acceptance and legalization of polygamy.

    On April 23, the New York Post reported that Doll, Kitten, and Brynn Young, three Massachusetts women in a polyamorous relationship, were expecting their first child after uniting in an August 2013 commitment ceremony. Conservatives pounced on the story as evidence that once the institution of marriage is made available to gay couples, polygamy is a logical consequence.

    Fox News' Todd Starnes set the tone for the right-wing reaction to the story with an April 23 Facebook post declaring that "[w]hen you redefine marriage - it's anything goes":

    Erick Erickson's offered a similar take, with contributor streiff calling polygamy "the logical and foreseeable consequence" of the push for marriage equality, which the post argued made marriage "a means for satisfying the libido." Likewise, the National Organization for Marriage (NOM) predicted a rash of similar stories "in the wake of same-sex 'marriage.'"

    Writing for First Things, NOM co-founder Robert George asserted that seeing marriage as a "sexual-romantic companionship" rather than a "conjugal bond" formed to produce children left no good reason to oppose "polyamorous sexual ensembles of three or more persons." Similarly, right-wing website LifeSiteNews wondered whether the throuple's story portended "the next marriage redefinition."

  • Conservative Media Cheer "You're Not Married Anymore" Legislation

    Blog ››› ››› LUKE BRINKER

    Conservative media outlets are lauding a legislative effort to enact what experts are calling an attempt to reincarnate the Defense of Marriage Act (DOMA), the core provision of which the U.S. Supreme Court struck down last summer.

    On February 12, Sens. Ted Cruz (R-TX) and Mike Lee (R-UT) introduced the Senate version of the State Marriage Defense Act, a bill introduced in the House by Rep. Randy Weber (R-TX) in January. The bill would require the federal government to yield to state definitions of marriage, meaning that same-sex spouses would lose the federal benefits and protections of marriage if they moved to states that prohibit same-sex marriage. Accordingly, ThinkProgress has dubbed the bill the "'You're Not Married Anymore' Bill."

    The bill - which stands an infinitesimal chance of passage in the Democratic-controlled Senate - would push back on the Supreme Court's June 2013 ruling against Section 3 of DOMA, which barred the federal government from recognizing validly performed same-sex marriages. Section 2 of DOMA, which wasn't considered in the Supreme Court case, allows states to define marriage, but there's a strong argument - increasingly supported by the courts - that the logical end-point of the Supreme Court's ruling is the demise of state-sanctioned discrimination against same-sex couples.

    Since the Court issued its ruling, five federal courts have overturned state marriage equality bans, citing Justice Anthony Kennedy's opinion that DOMA served no legitimate purpose. The most recent such ruling came on February 13 when U.S. District Judge Arenda L. Wright Allen struck down Virginia's marriage equality ban.

    Right-wing media, however, won't let DOMA die without waging a fight for anti-gay discrimination. championed Cruz and Lee's bill as a defense of state's rights, reprising the argument advanced by anti-civil rights figures who supported placing racial minorities' constitutional rights at the whim of state authorities. The website's William Bigelow asserted that the bill "protects the states from having the federal government encroach"  on their ability to deny equal rights to same-sex couples.

    Following the same narrative, The Daily Caller touted the bill as an effort "to prevent the federal government from imposing conflicting definitions of marriage on the states," promoting Cruz's claim that President Obama "should not be trying to force gay marriage on all 50 states." PJ Media also acted as stenographer for the bill's sponsors, extensively quoting the bill in addition to Cruz and lee. The bill, PJ Media's headline read, tells the federal government to "mind states' rights on same-sex marriage."

  • Myths And Facts About DOJ Civil Rights Nominee Debo Adegbile

    ››› ››› SERGIO MUNOZ

    Right-wing media have sunk to new lows in smears against President Barack Obama's nominee to head the Department of Justice's Civil Rights Division, former NAACP Legal Defense Fund (LDF) top official Debo Adegbile, a highly-qualified and widely praised civil rights litigator who has been senior counsel to the Senate Judiciary Committee.

  • This Is How Right-Wing Media Start Their Inevitable Race-Baiting Of Certain Presidential Nominees

    Blog ››› ››› SERGIO MUNOZ

    Immediately after President Barack Obama nominated the highly-qualified and widely respected Debo Adegbile to be the next assistant attorney general for civil rights at the Department of Justice, right-wing media attacked this top lawyer of the NAACP Legal Defense Fund for purportedly being a "racialist."

    Writing on an obscure right-wing blog, J. Christian Adams, a frequent Fox News guest who served in the highly politicized and disgraced Bush-era DOJ and "whose claim to fame as a federal lawyer seems to be his penchant for accusing black people of discriminating against whites," accused Adegbile of "racialis[m]" and the venerable NAACP Legal Defense Fund of a "radical racial agenda." From a November 14 post on Pajamas Media:

    Adegbile hails from the NAACP Legal Defense Fund, an organization that has pushed a radical racial agenda including attacks on election integrity measures, opposition to criminal background checks for hiring, and racial hiring quotas for state and local governments.


    Adegbile's name was mentioned as a possible nominee to the federal bench.  Because of his advocacy for racialist policies, such a nomination would face serious confirmation difficulties.  But in Eric Holder's Justice Department, nakedly racialist policies are standard fare, and Adegbile will fit right in.

    This is an an-your-face nomination.  This is the White House sending a message to Republicans and conservatives that the radical racial policies of the Justice Department will continue full speed ahead.


    [I]n the Obama Justice Department, the law is not as important as the cause. And with Adegbile, the cause is racialist.

    In another context, the venue and content of this thinly-veiled insinuation of so-called reverse racism could be easily ignored. Unfortunately, on the topic of executive and judicial nominees of the current president, Adams' attack is disturbingly similar to the same sort of race-baiting that jumps from little-read blogs to prominent right-wing platforms like Fox News, the editorial page of The Wall Street Journal, National Review Online, and even the mouths of GOP congressmen engaged in the ongoing blanket filibustering of the president's diverse nominees.

    Accusing select presidential nominees of racialism or anti-white bias is a tired page of right-wing media's playbook against those who litigate and uphold longstanding civil rights precedent, a body of law that tends to help most those systematically disadvantaged by racism. This rant has been directed with more or less subtlety at Labor Secretary Thomas Perez (who previously led the DOJ's Civil Rights Division), Supreme Court Justice Sonia Sotomayor, and Attorney General Eric Holder.

    Assumedly, these charges have some sort of salience with those unfamiliar with American history and basic civil rights law.

  • Right-Wing Media And The Return Of Matthew Shepard Trutherism

    Blog ››› ››› LUKE BRINKER

    Stephen Jimenez
    Right-wing media outlets are already celebrating a forthcoming book that claims that brutal 1998 murder of gay Wyoming student Matthew Shepard - which became a rallying cry for LGBT activists - was actually fueled more by drug use than anti-gay bias.

    In The Book of Matt: Hidden Truths about the Murder of Matthew Shepard, journalist Stephen Jimenez argues that Aaron McKinney and Russell Henderson bludgeoned Shepard in a meth-fueled rage. Jimenez minimizes the role of anti-gay bias in the murder, writing that Shepard and McKinney had previously had sex and done meth together (an assertion that McKinney himself denies). 

    Although his report of a sexual history between Shepard and McKinney is new, Jimenez's central thesis - that drugs were the motivating factor in Shepard's murder - has been called into question before.

    In November 2004, Jimenez co-produced a piece on the Shepard murder for ABC News' 20/20.  GLAAD highlighted key shortcomings in 20/20's report, including the lack of hard evidence that drugs were a factor and its failure to point out that McKinney himself had cited ant-gay bias as a central element in the case, even attempting to employ a "gay panic" defense at trial. Shepard's mother also condemned the report, criticizing its selective reading of evidence and accusing ABC of taking her comments out of context.

    The 20/20 report neglected to mention another crucial detail: that Jimenez was a friend of Tim Newcomb, Henderson's defense attorney

    Most disturbingly, email correspondence revealed that the Jimenez had already decided that Shepard's murder wasn't an anti-gay hate crime before 20/20 even started its reporting. As Gay City News reported in December 2004:

  • Right-Wing Media Trumpet Cruz's Flawed Constitutional Argument Against Assault Weapons Ban

    Blog ››› ››› TIMOTHY JOHNSON

    Conservatives in media are hyping the argument of Sen. Ted Cruz (R-TX) that a ban on assault weapons would be similar to the government deciding which books people are allowed to read, even though Cruz's argument is based on a misunderstanding of constitutional law and courts have held that assault weapon bans are constitutional.  

    During a March 14 meeting of the Senate Judiciary Committee, where a party line vote advanced an assault weapons ban proposed by Sen. Dianne Feinstein (D-CA) to the floor of the Senate, Cruz drew an equivalence between banning assault weapons and an act of Congress "to specify that the First Amendment shall apply only to the following books" or a law stating that the Fourth Amendment "could properly apply only to the following specified individuals, and not to the individuals that Congress has deemed outside the protection of the Bill of Rights":

    CRUZ: It seems to me that all of us should be begin as our foundational document with the Constitution. And the Second Amendment in the Bill of Rights provides that "the right of the people to keep and bear arms shall not be infringed." The term "the right of the people," when the framers included it in the Bill of Rights they used it as a term of art. That same phrase "the right of the people" is found in the First Amendment, the right of the people to peaceably assemble and to petition their government for readdress of grievances, it's also found in the Fourth Amendment, "the right of the people to be free from unreasonable searches and seizures." And the question that I would pose to the senior senator from California is, would she deem it consistent with the Bill of Rights for Congress to engage in the same endeavor that we are contemplating doing with the Second Amendment in the context of the First or Fourth Amendment. Namely, would she consider it constitutional for Congress to specify that the First Amendment shall apply only to the following books, and shall not apply to the books that Congress has deemed outside the protection of the Bill of Rights. Likewise, would she think that the Fourth Amendment's protection against searches and seizures could properly apply only to the following specified individuals and not to the individuals that Congress has deemed outside the protection of the Bill of Rights?

    Cruz's comments were promoted by Fox NationThe BlazeRed StateBreitbart.comPJ MediaThe Daily Caller and The Gateway Pundit. wrote that Cruz "destroys" Feinstein's argument for an assault weapons ban. Red State ran a headline that Feinstein was struck by a "Ted Cruz Missile." The Daily Caller titled its article on Cruz's comments, "Ted Cruz offends Dianne Feinstein by bringing up the Constitution."

    The praised heaped upon Cruz by conservative media outlets ignores that the junior Texas senator's constitutional argument is flawed because it fails to acknowledge longstanding and widely accepted limitations on all of the liberties guaranteed by the U.S. Constitution.

  • Von Spakovsky Gets Mainstream Media Platforms To Attack Voting Rights Act And Department Of Justice

    Blog ››› ››› SERGIO MUNOZ

    Conservative media's Charlotte Allen recently wrote an extensive cover piece for The Weekly Standard that relies on discredited right-wing activists Hans von Spakovsky and J. Christian Adams to attack the Department of Justice's renewed focus on properly enforcing the Voting Rights Act. But while conservative media typically advances these sources and their debunked myths, it is disturbing that mainstream coverage of the Supreme Court case of Shelby County v. Holder is relying on von Spakovsky and not disclosing his highly unreliable background.

    Allen, responsible for a piece dubbed "The Stupidest Thing Anyone Has Written About Sandy Hook" by lamenting in National Review Online that no men or "huskier 12-year-old boys" were available to protect the "feminized" victims of the Newtown massacre, takes on the "politiciz[ed]" DOJ under President Obama in her story for the The Weekly Standard. In the article, Allen manages to repeat most of von Spakovsky's and Adams' stale misinformation of years past, ranging from the non-scandalous New Black Panther fiasco and non-existent Fast and Furious conspiracy, to DOJ's "belligerent stances" on enforcement of the Voting Rights Act. Allen also successfully writes over 6,500 words on the alleged "politicizing" of DOJ without divulging von Spakovsky and Adams were poster children for such conduct when they worked for the DOJ under George W. Bush, disparages U.S. Attorney General Eric Holder because his "people" are not black enough to claim civil rights history, and finally undermines her main thesis by admitting that - under any presidency - DOJ follows the policy preferences of the White House.

    Ultimately, however, that Allen uses the collected works of von Spakovsky and Adams is unsurprising. What is troublesome is that mainstream outlets are also publishing the opinions of von Spakovsky and Adams as the "conservative" perspectives on Shelby without disclosing their extremist background.

  • Right-Wing Media Tout New Conspiracy Over DOJ's Involvement In Voting Rights Act Bailouts

    Blog ››› ››› SERGIO MUNOZ

    Opponents of effective voting rights enforcement have taken to right-wing media outlets to allege that the Department of Justice engaged in "collusive," "illegal," and "crooked" acts for its role in the determination of whether a California county and the state of New Hampshire qualify to opt-out of Section 5 of the Voting Rights Act (VRA). But these allegations of "trickery," most recently pushed by National Review Online contributor Hans von Spakovsky, ignore that DOJ is complying with the text of the VRA as interpreted by the courts.

    Two former Bush administration DOJ officials have accused the department of acting improperly in the successful removal of Merced County, California, from the voter protection requirements of Section 5 and the ongoing consideration of such an opt-out for New Hampshire. Writing on the right-wing blog PJ Media, J. Christian Adams argued that in the Merced case DOJ had "ignore[d] the law" and "conned" a federal court as part of an "elaborate legal ruse" to preserve the VRA in Shelby County v. Holder, the case in which the U.S. Supreme Court will consider a claim that Section 5 is unconstitutional. Continuing this attack, von Spakovsky accused the DOJ in the National Review Online of similar "deception" and "manipulation" of the VRA in its considerations of the New Hampshire case, again in order to "manipulate the Supreme Court in the Shelby case." A conservative advocacy group immediately adopted their argument and filed a motion to intervene in the New Hampshire case, as was predicted by election law expert and law professor Rick Hasen:

    I expect this argument to get a lot of play.

    The great irony here, for those who don't follow this issue closely, is that you have people who oppose section 5 of the VRA complaining that DOJ is making it too easy for those jurisdictions subject to its preclearance provision to escape from the Act's coverage.

    Under Section 5 of the Voting Rights Act, Southern jurisdictions who illegally denied citizens the right to vote during the Jim Crow era - and subsequent jurisdictions that engaged in similar conduct - are forbidden from changing covered election practices without federal approval. There is a legal opt-out to Section 5, by which jurisdictions can "bailout" of the "preclearance" requirements by proving they are no longer breaking the law. To encourage successful bailouts, Congress increasingly "liberalized" this process. Similarly, the Supreme Court in its last VRA case -NAMUDNO v. Holder - "rewrote" the bailout requirements to encourage even more use of the process.

    Nevertheless, right-wing activists have successfully placed the Shelby case before the Supreme Court, which could release all covered jurisdictions if Section 5 is declared unconstitutional. Adams and von Spakovsky, who quote anonymous sources and internal DOJ documents to support their arguments, argue that DOJ has "designed" a "legal strategy" to avoid this outcome by aggressively following NAMUDNO.

    Beyond the unremarkable fact that the DOJ - the defendant in Shelby - would prefer not to both lose the case and part of the most effective civil rights law in history, Adams and von Spakovsky misrepresent the bailout cases to claim neither Merced nor New Hampshire qualify. Adams complains that the extensive DOJ investigation of Merced's bailout request revealed that the county should have submitted certain past election changes for preclearance and because the county "settled" a Section 5 case, it was ineligible for bailout. But Merced's counsel responded to Adams' accusations, pointing out that "case law under Section 5...holds that the preclearance obligation can be retroactively satisfied":

    Mr. Adams is simply incorrect about the Lopez litigation.  There was no "settlement"; the County won that lawsuit outright, having summary judgment granted in its favor.  See Lopez v. Merced County, 2008 U.S. Dist. LEXIS 3941 (E.D. Cal. Jan. 16, 2008).  Thus, the County was not disqualified from bailout by virtue of the provision relating to consent decrees entered within the last 10 years.  42 U.S.C. § 1973b(a)(1)(B).

    [R]egarding the submission of a number of historical voting changes for preclearance in connection with the bailout, there are a number of points to be made:


    Section 5 itself provides that oversights in preclearance compliance may be forgiven in a bailout action if they were "were trivial, were promptly corrected, and were not repeated."  42 U.S.C. § 1973b(a)(3). In other words, Mr. Adams's implication that Section 5 has a "no tolerance" standard--and that the Attorney General is therefore ignoring the command of Congress--is refuted by the text of Section 5 itself.


    "[P]ost hoc" preclearances are typical in connection with bailout, seriously undermining the notion that such an approach is part of a vast conspiracy to save Section 5.

    Adams subsequently admitted "retroactive" preclearance was possible.

    Von Spakovsky repeated Adams' claim that states seeking bailouts must not have "failed to submit for changes they have made" over the past ten years, without acknowledging the retroactive preclearance that may occur for New Hampshire. Von Spakovsky used this misleading point as proof that New Hampshire is actually less qualified than Shelby County for a bailout, because New Hampshire allegedly has more unsubmitted preclearance requests than Shelby County did. But the footnote from the Shelby case on appeal that von Spakovsky partially quoted for the uncontroversial rule that unprecleared voting changes - absent retroactive approval - preclude bailout, explicitly notes that Shelby County's primary problem was DOJ's objection:

    Although the Court did not permit discovery into the question of Shelby County's bailout-eligibility, it is clear -- based on undisputed facts in the record -- that Shelby County is not eligible for bailout. Under Section 4(a)(1)(E), a jurisdiction is only eligible for bailout if, during the ten years preceding its bailout request, "the Attorney General has not interposed any objection...with respect to any submission by or on behalf of the plaintiff or any governmental unit within its territory."  42 U.S.C. § 1973b(a)(1)(E).  The Attorney General concedes that, in 2008, he interposed an objection [.]

  • More Nonsense Complaints About DHS Targeting Conservatives

    Blog ››› ››› CHRIS BROWN

    In 2009, conservative media perpetually mischaracterized a Department of Homeland Security (DHS) report on potential increases in right-wing terrorism to suggest DHS was targeting conservatives for political reasons. On Sunday, PJ Media correspondent Patrick Poole extended this long-running attack by criticizing a new DHS document that defines categories of "domestic terrorism and homegrown violent extremism." The document doesn't mention conservatives, but does include a definition of "militia extremists." According to the document DHS defines "militia extremists" as:

    (U//FOUO) Groups or individuals who facilitate or engage in acts of violence directed at federal, state, or local government officials or infrastructure in response to their belief that the government deliberately is stripping Americans of their freedoms and is attempting to establish a totalitarian regime. These individuals consequently oppose many federal and state authorities' laws and regulations, (particularly those related to firearms ownership), and often belong to armed paramilitary groups. They often conduct paramilitary training designed to violently resist perceived government oppression or to violently overthrow the US Government. [emphasis added]

    Poole's flawed analysis of the DHS document concludes that DHS classifies essentially everyone that dislikes or distrusts the government for conservative reasons as "militia extremists." In a post titled "Homeland Security: You're All 'Militia Extremists' Now," Poole quotes the DHS definition of "militia extremists" and then complains:

    So what drives militia extremism according to DHS now is "belief that the government deliberately is stripping Americans of their freedoms." It is demonstrated by opposing "many federal and state authorities' laws and regulations, (particularly those related to firearms ownership)." Would writing about those topics (as I am now) fall under "facilitation"? On its face, it's hard to see how it could be excluded under DHS's broad definition.

    So despite the fact that "militia extremists" are classified as "Groups or individuals who facilitate or engage in acts of violence," Poole suggests DHS would unfairly target conservatives not engaged in or facilitating violence. In reality DHS isn't saying militia extremism is "demonstrated by opposing" federal laws and regulations, but by opposing them through violence.

    Poole's argument further falls apart given that DHS isn't even focusing on conservative ideologies. While listing "militia extremists" as one category of extremist activity, DHS also defines non-conservative categories such as, "anarchist," "animal rights," and "environmental rights." Under Poole's logic, DHS would also be saying that opposing environmental degradation makes you a terrorist.

    Violent militia extremism isn't a hypothetical concern for our nation's law enforcement. A 2009 report by the Southern Poverty Law Center concluded that militia and other right-wing extremists groups were experiencing a "second wave" of growth following the election of Barack Obama. Last summer militia members in Alaska were arrested on charges of conspiracy to murder judges and State Troopers. In November four members of a Georgia militia were arrested in connection with an alleged plot to kill federal employees.