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Sean Davis

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  • How right-wing media defended Trump after Mueller's press conference

    Blog ››› ››› BOBBY LEWIS & ZACHARY PLEAT

    Special counsel Robert Mueller read a statement at a May 29 press conference in which he explained that his investigation did not attempt to determine whether President Donald Trump had committed any crimes because it would be against Department of Justice policy to charge a president who is in office. Mueller also announced that he was formally closing the special counsel's office and resigning from the DOJ to return to private life. Conservative media figures responded by criticizing Mueller for not exonerating Trump, claiming his statement is a “huge win” for the president, complaining that Mueller helped make Democrats’ case for impeaching Trump, misrepresenting what he said about his findings, and suggesting he might be lying in his statement.

    Claiming Mueller didn’t do his job properly by failing to recommend whether Trump should be charged

    Daily Wire Editor-in-Chief Ben Shapiro: “‘If we had confidence that the president did not commit a crime, we would have said so.’ That is not the standard of a prosecutor. Prosecutors exist to determine whether someone committed a chargeable offense, not whether they are exonerated of charges.”

    National Review Online Editor Charles C. W. Cooke: “Is this how it works? Isn't it the other way around? You look for evidence that a crime was committed, and if you don't find it you say ‘we didn't find any.’ You don't look for evidence that it wasn't and then say, ‘we couldn't find evidence of innocence.’”

    The Federalist co-founder Sean Davis: “Also, Mueller's view of a prosecutor's role -- to prove and declare a target's innocence, rather than to charge criminality -- is a despicable affront to the rule of law and the Constitution. Cops and lawyers don't grant innocence. It is our default legal state absent conviction.”

    Fox News Radio host Guy Benson: “If he had the evidence, Mueller could have identified criminal conduct & *recommended* charges, then let DOJ decide whether OLC guidance would or would not permit those charges being filed against a sitting POTUS. Instead, he decided not to recommend anything.”

    Fox News contributor Newt Gingrich: “Muller tried today to have [it both] ways. If he thought President [Trump] was guilty of something he should have said he was guilty of something. Ken Starr used the word guilty 11 times on 11 different counts in his report on President Clinton. If not guilty Trump is innocent.”

    Claiming Mueller’s statement represents a victory for Trump

    Breitbart.com White House correspondent Charlie Spiering: “Huge win for Trump: Mueller steps down, refuses to testify, states that president cannot be charged with a crime, urges Americans to secure future elections.”

    Far-right blog The Gateway Pundit: “Mueller Dunks on Pelosi and Dems – Praises Attorney General Bill Barr For Releasing Entire Report in Good Faith.”

    Gingrich: “In the absence of proof in America, you are innocent. Therefore, by definition, President Trump is innocent.”

    Claiming Mueller is inviting chaos and impeachment of Trump

    Commentary Associate Editor Noah Rothman: “The impeachment case just got a lot easier to make.”

    Fox Nation and Fox News Radio host Todd Starnes: “Mueller just poured gasoline on the Democrats' Impeachment fire.”

    Radio host Rush Limbaugh: “He begged [Congress] to impeach. He gave them the green light. He said that’s what you people have to do.”

    Fox News contributor and Townhall Editor Katie Pavlich: “Impeachment is coming.”

    Former Fox News host Bill O’Reilly: “After Robert Mueller’s deflection to Congress on the obstruction issue, we can expect democrats to begin impeachment proceedings. That will harm the country economically and lead no where as the Senate will not convict.”

    Fox’s Martha MacCallum and Brian Kilmeade agreed Mueller “threw some kerosene on the fire.” Fox & Friends co-host Brian Kilmeade said on his radio show Mueller “closed his office, he called it quits, but before he did it, he actually threw some kerosene on the fire and then threw the match.” Fox News anchor Martha MacCallum agreed, saying: “Absolutely, no doubt.” Kilmeade then added: “So my sense was he saw the chaos that happened after he released the report that was supposed to put a fine point on a 22-month investigation, and he made it worse.”

    Fox's Lisa Boothe: “Robert Mueller is a hack. And we know that he’s a hack because he gave Democrats exactly what they wanted ... more fuel to the fire of impeachment.”

    Claiming Mueller said things he didn’t say

    Fox host Pete Hegseth falsely claimed that Trump will “rightfully” say there was “no obstruction” and that he's “exonerated.” Mueller actually explained that he was prevented from considering charging Trump with a crime because of Department of Justice policy.

    Wash. Examiner’s Philip Klein: “Impeachment or bust: Robert Mueller just made clear he won't give Democrats a second crack at his report through testimony.” The text of Klein’s article was more accurate than its headline, correctly noting that Mueller said the report covers everything he has to say about the investigation.

    Claiming that Mueller may have been lying

    The Federalist Senior Editor Mollie Hemingway: “Multiple people at DOJ say Mueller stated that [Office of Legal Counsel] opinion had nothing to do with his decision not to charge obstruction, and report itself doesn’t make determination on obstruction, as it did on collusion. Remarks today curiously at odds with both.” While responding to a reply pointing that Mueller had set the record straight with his statement, Hemingway added that Mueller “wasn’t speaking under oath while someone who said otherwise was, so…..”

    Claiming Mueller did it to appease his “social circles”

    Fox contributor Jason Chaffetz: “It’s purely a guess, but from where I sit I think it was to cover his butt within his own political, social circles. … Barr was actually out there telling the truth, and it scared Mueller and his reputation. He was supposed to be the guy to get Trump, and he didn't, and he feels bad about that.”

    Gingrich: “My guess is that in his social circles, people felt that he had failed to serve the worthy cause of destroying Donald Trump, and he was trying to sort of cleverly toss it to the Congress."

    Claiming Mueller was fairer to the indicted Russians than to Trump

    Boothe: “Robert Mueller gave more deference to the Russians yesterday than he did to President Trump.”

    Hegseth: Mueller “went out of his way when talking about the Russians that had been indicted to say that they are innocent until proven guilty. The Russians. Which he never went out of his way to say about a sitting president.” 

    Gingrich: Mueller “says of the Russians they’re innocent until proven guilty, and in the next paragraph he says he can’t prove the president’s innocence. So, his standard for the American president is dramatically lower than his standard for Russians. You couldn’t have made that up.”

  • Right-wing media are pushing Rachel Mitchell’s flawed memo about Christine Blasey Ford’s report of sexual assault by Kavanaugh 

    Blog ››› ››› GRACE BENNETT & BOBBY LEWIS


    Melissa Joskow / Media Matters

    After professor Christine Blasey Ford testified on September 27 that Supreme Court nominee Brett Kavanaugh attempted to rape her in the 1980s, The Washington Post published a memo from Rachel Mitchell, the sex crimes prosecutor hired by Senate Republicans to interrogate Ford, explaining why she theoretically would not prosecute Kavanaugh.

    Multiple news outlets have noted that the conclusions in Mitchell’s memo -- among them that Ford’s claims are “even weaker” than a "'he said, she said’ case" -- cannot be seen as credible. The Washington Post pointed out that since there hasn’t been an actual investigation of the claims, Mitchell’s assertion of no corroborating evidence falls flat. Think Progress noted that while Mitchell questioned Ford extensively, she spoke to Kavanaugh, the alleged assailant, for just 15 minutes. Mother Jones reported that a former colleague of Mitchell’s, Matthew Long, dismissed her “willingness to author” the memo as “absolutely disingenuous,” and he asserted that the prosecutor “doesn’t have sufficient information to even draw these conclusions.” Long also criticized Mitchell for attacking Ford’s gaps in memory, noting that he was “trained by Ms. Mitchell about how trauma explicitly does prevent memory from happening” and concluding, “Ms. Mitchell knows better than that.”

    Additionally, as journalists and outlets have pointed out, a Supreme Court nomination is not a trial; it’s more akin to a job interview. The question of whether a prosecutor is willing to bring charges against Kavanaugh is not equivalent to that of whether he should serve on the highest court of the land.

    Desperate to undercut Ford, right-wing media figures have ignored the obvious problems in Mitchell’s memo and instead portrayed the document as credible evidence of Kavanaugh’s innocence:

    Fox & FriendsBrian Kilmeade: Mitchell “concluded that she would not -- this was a weak case and I never would recommend, wouldn’t think anyone would recommend, they prosecute this case.”

    Fox’s Laura Ingraham wrote, “Sex Crimes Prosecutor Rachel Mitchell’s report exhonerates (sic) Kavanaugh,” linking to a Gateway Pundit piece with a similar title. Radio host Bill Mitchell and Judicial Watch’s Tom Fitton also shared the article.

    NBC’s Megyn Kelly: Mitchell “submitted a memo” saying that Ford’s case “doesn’t even satisfy by the preponderance of the evidence standard, … which is the lowest bar in any case. … And now we want the FBI to spend this week going back and scouring the Maryland neighborhood and … figuring out who renovated and when.”

    Fox contributor Lisa Boothe shared Mitchell’s report and wrote, “Can everyone please stop pretending like Dr. Ford is credible now? She is NOT credible. It’s painfully obvious. I feel like I’ve been living in the Twilight Zone.”

    NRA’s Dana Loesch quoted a Daily Mail article on Mitchell’s report, writing that “there is NOT enough evidence to back accuser's claims.”

    Former presidential candidate Herman Cain: “Even the lady that asked the questions during the judiciary committee [hearing], she wrote an eight-page report that said that there was no there there.”

    The Federalist’s Sean Davis: “This memorandum from Rachel Mitchell is a rather stunning indictment not of Kavanaugh, but of Ford and her story, which seems to change each time she tells it. The only consistent aspect of Ford’s story is how often it changes.”

    Townhall editor and Fox contributor Katie Pavlich: “I’d like to point out that nearly everyone in the media, minus a few (myself included), said Ford was ‘very credible.’ She wasn’t.”

    Gateway Pundit’s Jacob Wohl: “Sex crimes prosecutor Rachel Mitchell COMPLETELY EXONERATES Brett Kavanaugh,” and “finds Ford's allegations totally suspect, potentially fraudulent.”

    FoxNews.com’s Stephen Miller: “I believe Rachel Mitchell”

    Mark Levin: Mitchell, “a real sex crimes prosecutor,” did an “excellent job” of “exposing gaps & contradictions in Ford’s Senate testimony.”

    Townhall’s Guy Benson: Mitchell’s memo “is extremely compelling”

    Daily Wire’s Ashe Schow: “Mark my words, the media is currently looking for other sex crimes prosecutors to say they would absolutely take this case to court.”

    The Daily Wire’s Michael Knowles: “I believe Rachel Mitchell. #IBelieveWomen”

    The Daily Caller’s Benny Johnson: “BELIEVE 👏 ALL 👏 WOMEN 👏”

    Conservative commentator Michelle Malkin’s site Twitchy: “RUH-ROH: Rachel Mitchell’s independent analysis spells even BIGGER trouble for Senate Dems and Ford’s attorneys.”

    Frequent Fox guest Morgan Ortagus: “A professional prosecutor is saying… there’s too many inconsistencies with the story. ... I know you’re shaking your head, but, I mean, she’s spent a lifetime as a career prosecutor working on this.”

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

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Conservatives use latest accusation to demand Republican senators stand by Kavanaugh

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

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

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

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

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

    Trump campaign adviser Katrina Pierson: “#ConfirmBrettKavanaughNow.”

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

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

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

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

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

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

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

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

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

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