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Allie Stuckey

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  • Abortion opponents celebrate Kavanaugh’s confirmation as their chance to end Roe v. Wade

    Blog ››› ››› JULIE TULBERT


    Melissa Joskow / Media Matters

    Following the confirmation of Brett Kavanaugh to the Supreme Court, anti-abortion advocates stopped downplaying the newest justice’s stance on abortion rights. Instead, once Kavanaugh had secured the necessary votes in the Senate, abortion opponents celebrated his confirmation as an opportunity to end Roe v. Wade once and for all.

    On October 6, Brett Kavanaugh was confirmed 50-48 to be an associate justice on the Supreme Court despite multiple credible reports that Kavanaugh committed sexual assault when he was in high school and college. In order to generate support for Kavanaugh’s confirmation, some right-wing media and anti-abortion advocates argued that Kavanaugh would not pose a threat to Roe or abortion rights in general. This was belied by Kavanaugh’s record on abortion access and comments about Roe and contraception before and during his confirmation hearing.

    After his confirmation, abortion opponents dropped this pretense and celebrated Kavanaugh for what he always was: the culmination of years of work by conservative and anti-abortion activists to reverse Roe. Here are some examples:

    Anti-abortion advocates celebrated the confirmation of Brett Kavanaugh to the Supreme Court

    • Marjorie Dannenfelser, president of the anti-abortion organization Susan B. Anthony List and frequent White House guest, tweeted in celebration that “Beautiful change is afoot. The wheels are turning.” During the confirmation process, Dannenfelser tweeted in support of Kavanaugh following reports that he had previously committed sexual assault, saying that the anti-abortion movement was not going to “help destroy a man” as part of a “PR image” to appear “pro woman.”
    • Tony Perkins of the Family Research Council said in a press release, “For the first time in decades, this nomination -- his nomination -- brought with it the reality of returning to a truly constitutionalist court. Many on the Left couldn’t stand such a thought. And for that, he and his family have paid a tremendous price. … Today was a major step in the journey to restore the Constitution to its rightful and intended role in our Republic.” The idea of “returning to a truly constitutional court” or being a “strict constitutionalist” is often used by anti-abortion advocates to indicate coded support for overturning Roe because they do not believe the Constitution supports the Supreme Court’s decision.
    • Students for Life of America tweeted, “What do you call someone attacked viciously by Planned Parenthood, NARAL, and every other anti-life group in the country? Justice.”
    • National Review’s Alexandra DeSanctis tweeted, “Just got a fundraising email from Planned Parenthood with the subject line ‘we’re heartbroken.’ I’m not usually a huge fan of spiking the football but...that feels pretty good.”
    • The Federalist’s Bre Payton tweeted, “the tears... they taste... delicious” in response to an actor expressing distress over Kavanaugh’s confirmation.
    • In response to a tweet from NARAL Pro-Choice America’s Ilyse Hogue that “it’s okay to feel anything right now” about Kavanaugh’s confirmation, Media Research Center’s Katie Yoder replied, “Even happiness?”

    Some abortion opponents celebrated Kavanaugh’s confirmation as a sign that Roe v. Wade could be weakened or even imminently overturned

    • After Kavanaugh’s confirmation, Rep. Steve King (R-IA) tweeted a picture of a baby and said, “Soon, babies like this little angel will be protected in the womb by law.” King recently met with President Donald Trump to discuss his proposed federal heartbeat bill that would effectively ban abortion in the U.S.
    • White House adviser Kellyanne Conway said that by nominating Kavanaugh, Trump was fulfilling his promise to appoint justices who would overturn Roe, and that now “people are going to look at state law and circuit law” to determine the legality of abortion. Since former Justice Anthony Kennedy’s retirement in June, this talking point has been used frequently by abortion opponents to suggest that overturning Roe wouldn’t outlaw abortion, but would instead return power to regulate reproductive rights to the states. However, this argument ignores both the difficulties of accessing abortion -- particularly for low-income people -- in states that could ban or restrict abortion, as well as abortion rights’ precarious reliance on a handful of pro-choice governors and state legislatures.
    • Priests for Life’s Bryan Kemper celebrated Kavanaugh’s confirmation and outlined what he thought the process would now be for banning abortion nationwide:

    • Operation Rescue’s Troy Newman said in a press release about Kavanaugh’s confirmation that Roe was a "wrongly decided ruling that has cost over 60 million innocent lives. I understand that overturning that horrendous decision will take time, but I believe we are now at last on the final road to accomplishing our goal of ending abortion in America.”
    • Similarly, March for Life President Jeanne Mancini said, “The Supreme Court plays a critical role in pro-life policy and has for decades. We look forward to Justice Kavanaugh’s tenure on the bench and the impact his dedicated public service will have towards creating a country where every human life is valued and protected equally under the law.”
    • The state anti-abortion group Texas Right to Life tweeted, “Texas Right to Life is optimistic that Judge Kavanaugh will prove to be a principled justice who will consistently recognize the Right to Life of all human beings.”
    • On Fox News Channel’s Fox & Friends, Fox News contributor Robert Jeffress said that he had “never seen Christians as stirred up about anything” as the Kavanaugh confirmation because “they knew that what really was at issue was the fear by the left that if Justice Kavanaugh got on the court, he might diminish in some way the number of babies being murdered every year through abortion -- that he would chip away at Roe v. Wade.”
    • Students for Life of America (SFLA) President Kristan Hawkins tweeted, “It’s done! Onward to reverse Roe and #abolishabortion!! This is the #prolifegen!”
    • On the day of the Senate confirmation vote, SFLA also posted a video titled “We Can Overturn Roe v. Wade.” The video argued that “the end of Roe v. Wade is in our sights now that Judge Brett Kavanaugh has been confirmed to the Supreme Court of the United States” and also outlined how Kavanaugh could be the fifth vote to overturn Roe. In the video, Hawkins also emphasized that allowing states to regulate abortion would be advantageous to the anti-abortion movement because SFLA has chapters in every state that would work to outlaw abortion entirely. Here are some screenshots from the video:

    Other abortion opponents used Kavanaugh’s confirmation to mock or attack those opposed to Kavanaugh

    • Eric Barber, a councilman in West Virginia, posted and then deleted a comment in a private Facebook group saying, “Better get you’re (sic) coathangers ready liberals” in response to the news that Sen. Joe Manchin (D-WV) was voting for Kavanaugh.
    • American Life League tweeted:

    • One America News’ Liz Wheeler, who has promoted conspiracy theories about Planned Parenthood, tweeted:

    • CRTV’s Allie Beth Stuckey -- best known for her fake interview with politician Alexandria Ocasio Cortez -- celebrated Kavanaugh’s confirmation and lambasted Democrats for their “debased, depraved tactics” and accused protesters of being “unhinged.”
    • Human Coalition’s Lauren Enriquez tweeted that she was “grateful to those men” in the Senate who voted to confirm Kavanaugh “for not letting tantrums interrupt the democratic process.”
    • In response to a video of an anti-Kavanaugh protester, Human Defense Initiative’s Devin Sena tweeted, “Purely demonic. Satan isn't happy that one day soon God's children will be allowed to be born.” As the Senate appeared likely to confirm Kavanaugh, Sena tweeted in celebration, “Roe v. Wade and Doe v. Bolton are without question the most egregiously unconstitutional decisions of all time. It's past time they are overturned! #ConfirmKavanaugh.”
    • Operation Rescue’s Cheryl Sullenger -- who was sentenced to prison for conspiring to bomb an abortion clinic in 1987, and has recently promoted Qanon conspiracy theories -- tweeted in response to a video of anti-Kavanaugh protesters:

  • 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: