Fox guest: Intersectionality means "the more kind of minority points that you have ... the more privileged you are"
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New York Gov. Andrew Cuomo signed a bill on January 22 that will protect abortion access even if the Supreme Court overturns Roe v. Wade -- a very salient threat with Justice Brett Kavanaugh now on the court. Anti-abortion advocates and right-wing media immediately responded by framing the law as a “barbaric” action by Cuomo and the New York legislature.
The new law, called the Reproductive Health Act, changed a pre-Roe state law criminalizing abortions that was still on the books in New York. As Mother Jones’ Rosa Furneaux explained, abortions after 24 weeks were formerly criminalized because “the law made self-induced abortions a misdemeanor crime, and made providing one a felony punishable by up to seven years in prison.” According to Furneaux, “The threat of a more conservative Supreme Court has brought new energy to repealing archaic pre-Roe laws nationwide (just as it has given pro-lifers more hope for overturning Roe).”
If Roe is overturned, the new law will mitigate the impact in New York and also expand abortion rights in a few other ways. For example, it:
Right-wing media and anti-abortion activists have focused much of their outrage on the portion of the law allowing abortions after 24 weeks for nonviable pregnancies or if the pregnant person’s health is at risk. The reality is that abortions that happen later in a pregnancy are extremely rare (slightly more than 1 percent take place past the 21-week mark), and are performed in response to complicated personal and medical reasons. As The Cut’s Sarah Jones explained, prior to the New York law’s passage, people “who needed later-term abortions to end nonviable pregnancies were forced to travel far outside the state — a financial and psychological burden.” The impact of these barriers cannot be understated. Writing for Jezebel, Jia Tolentino interviewed one New York woman about the excruciating experience of having to travel out of state for a medically necessary later abortion because of New York’s previous law. In The New Yorker, Tolentino recounted the woman’s ordeal: “Her baseline experience of pregnancy had been punishing to begin with, and New York law had made it much worse.”
Despite the personal nature of these decisions, right-wing media often portray later abortions as part of a supposedly extreme Democratic agenda which allegedly encourages abortions up to the day of birth. Right-wing media and anti-abortion advocates have continued to use this extreme and inaccurate language to stir outrage over New York’s law.
In New York City, thousands more babies of African-American mothers are aborted than born, and the abortion rate among these moms is three times higher than it is for white mothers. Seeing an African-American woman smiling behind Andrew Cuomo as he signed the bill into law was so incongruous. How could she smile, knowing that even more black children will die?
Live Action News lamented, “The new law also allows non-physicians to commit non-surgical abortions and moves the abortion law from the state’s penal code to its health code – which removes any threat of the prosecution of abortionists.”
LifeNews.com alleged that the law will not allow restrictions on abortion “even for common-sense reasons such as parental consent for minors, informed consent or limits on taxpayer-funded abortions.” The website also circulated a petition calling for Cuomo’s excommunication from the Roman Catholic Church:
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:
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.
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]
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]
Fox News’ Sean Hannity:
A source familiar with the supplemental report told Fox News it shows no evidence corroborating the allegations of sexual assault or misconduct against Kavanaugh https://t.co/jCuIpZa2c7
— Sean Hannity (@seanhannity) October 4, 2018
Conservative pundit Erick Erickson:
The White House is suddenly very upbeat about the Kavanaugh confirmation. I hear the FBI report is very strong for Kavanaugh and the Democrats are left with only process arguments that third party non-witnesses with hearsay were not interviewed.
— Erick Erickson (@EWErickson) October 4, 2018
I can't wait for the Democrats to cast doubt on the FBI later today.
— Erick Erickson (@EWErickson) October 4, 2018
Turning Point USA’s Charlie Kirk:
No corroboration of sexual misconduct found in FBI report
— Charlie Kirk (@charliekirk11) October 4, 2018
Fox News senior political analyst Brit Hume:
On the FBI Kavanaugh inquiry he brokered with Jeff Flake, Dem. Senator Chris Coons said this a.m. that he doesn’t think enough people were interviewed. You can see where this is going. Dems won’t accept the report. Of course they won’t.
— Brit Hume (@brithume) October 4, 2018
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:
Y’all wanted an FBI investigation, you got one. So sorry it didn’t turn out in your favor, you selfish, power-hungry life ruiners.
— Allie Beth Stuckey (@conservmillen) October 4, 2018