Outnumbered Overtime | Media Matters for America

Outnumbered Overtime

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  • Fox downplays report that Trump ordered officials to give son-in-law Kushner a security clearance

    Blog ››› ››› COURTNEY HAGLE


    Melissa Joskow / Media Matters

    The New York Times reported on Thursday that President Donald Trump “ordered his chief of staff to grant his son-in-law and senior adviser, Jared Kushner, a top-secret security clearance last year, overruling concerns flagged by intelligence officials and the White House’s top lawyer.” Even though the decision could pose serious national security risks, Fox News shows either ignored or downplayed the report.

    On February 28, The New York Times reported that Trump ordered top-level security clearances for Kushner despite opposition and concerns from the FBI, the CIA, the White House counsel, and his then-chief of staff John Kelly. According to the Times, “Officials had raised questions about [Kushner’s] own and his family’s real estate business’s ties to foreign governments and investors, and about initially unreported contacts he had with foreigners.” Kushner regularly expressed his frustration to Trump, but when the White House counsel’s office recommended to the president in May that Kushner not be given a top-secret clearance, Trump “ordered Mr. Kelly to grant it to Mr. Kushner anyway.” The Washington Post released a separate investigation on the topic later that day, confirming the Times report.

    Kushner’s clearance had been held up for over a year and was even “downgraded from interim top secret to secret” in February 2018. But after he was given the top-security clearance, the White House claimed that the president was not involved in the security clearance process. Kushner’s lawyer said that his client followed a standard process. Ivanka Trump, Kushner’s wife and Trump’s eldest daughter who also serves as a senior adviser in the White House, said only a few weeks ago that Trump “had no involvement pertaining to my clearance or my husband’s clearance, zero.” Ivanka also pushed back on reports that Kushner had trouble receiving a clearance, dismissing them as “anonymous leaks.” In a January interview with the Times, Trump also repeatedly denied being involved in the security process, saying that he “was never involved with the security.”

    Trump’s decision to sidestep security processes posed egregious national security risks, and it was an insult to public servants who have to go through the standard process. But Fox News failed to emphasize the seriousness of his decision. Most of the network’s shows ignored the report entirely, and those that did cover it worked to downplay the story’s significance. On Lou Dobbs Tonight, Fox Business analyst Ed Rollins dismissed the report, saying, “Ultimately, the president has the right to clear anybody he wants to clear.” He added, “The bottom line is we should be grateful [Kushner is] there.”

    On The Ingraham Angle, former New Jersey Gov. Chris Christie, who says he was pushed off the presidential transition team over his personal conflict with Kushner, said that the “president had the absolute right to give a security clearance to whoever he wanted to,” but that the real issue is that Trump and Ivanka repeatedly lied about it. Host Laura Ingraham argued that Ivanka “might not have any knowledge of any of this” before conceding, “We all commit unforced errors in our lives, and it’s an unforced error if the reporting is accurate.”

    On Fox News @ Night, host Shannon Bream mentioned the report for less than 20 seconds.

    On the March 1 edition of Fox & Friends, Christie talked about the report in a segment that lasted for about one minute and 30 seconds. Christie again asserted that “ordering the clearance is not problematic” and that “the problem is they didn’t tell the truth.”

    America’s Newsroom aired one brief segment on Kushner’s denial of the report. When asked about the story, White House senior advisor Kellyanne Conway replied, “We don’t discuss security clearances.” Later in the show, Fox News host Chris Wallace discussed the report and described Conway’s comments as “a classic non-denial denial,” pointing out that Ivanka and others have discussed the security clearance in the past. Wallace also pointed out that if the report was “false, if in fact the president hadn’t been involved, I can’t imagine they wouldn’t say that. They have no qualms about saying when news is fake, when [there’s] reporting they think is inaccurate. They are not saying that about this story, so I think that speaks for itself.

    On Outnumbered, the five-person panel sought to justify Trump's actions, with co-host Melissa Francis asking, "Why are they continuing to make a big deal out of this story?" Co-host Morgan Ortagus said she would have liked the report to discuss whether Clinton officials lost their security clearances while she was secretary of state.

    On Outnumbered Overtime, host Harris Faulkner mentioned the report briefly in a segment that lasted less than one minute.

    Media Matters looked at Fox News segments from when the Times' report was published on February 28 until 2 pm on March 1.

  • Conservative media want you to believe Trump has been “tough” on Russia. They’re not telling the full story.

    Secretary of State Pompeo echoed right-wing media talking points on Trump’s toughness. In reality, Trump has undercut a number of actions Congress and his administration have tried to take against Russia.

    Blog ››› ››› NICK FERNANDEZ


    Melissa Joskow / Media Matters

    Following President Donald Trump’s disastrous bilateral meeting with Russian President Vladimir Putin in Helsinki, Finland, the president’s administration flacks and conservative media lackeys quickly scrambled to his defense, arguing that Trump has been “tough” in his “actions against Russia” and rattling off a series of actions he has taken since 2017 that supposedly support such a claim. The president himself and administration officials have also parroted the talking points in an attempt to dispel the idea that he is somehow in the pocket of the Russian government. But a closer look at the actions Trump shills have pointed to reveals a foreign policy that is more concerned with posturing for media than being “tough” in the face of Russian aggression.

    On July 16, Trump met with Putin for a meeting behind closed doors in which no other American -- except an interpreter -- was present, and they emerged more than two hours later to give a wide-ranging press conference. When asked whether he holds the Russian government accountable for its multifaceted interference campaign during the 2016 elections, Trump repeatedly denied Russia’s involvement, saying, “I don’t see any reason why it would be” Russia. (The president would later claim to have gotten “would” and “wouldn’t” confused.)

    To counter the deluge of negative press in the wake of the meeting, right-wing media and administration officials pointed to various foreign policy and military responses to Russian aggression that the United States and its allies have undertaken during Trump’s presidency to argue that the president’s “actions” actually “have been tough.” About a week after the bilateral meeting, Secretary of State Mike Pompeo echoed Trump’s conservative media defenders as he faced senators on the Senate Foreign Relations Committee, insisting Trump “has taken a truckload of punitive actions against Moscow” and that he has been “tough on Russia” as president. White House press secretary Sarah Huckabee Sanders repeated the meme, as did the president himself.

    Trump’s defenders have pointed to sanctions against Russia that were imposed under Trump, the American strikes against the Russian-backed Syrian regime in 2017 and 2018, the March 28 expulsion of Russian diplomats and seizure of a Russian consulate, Trump’s demands for other countries to increase their NATO spending, the sale of lethal arms to Ukraine to fend off the Russian military and rebels in the eastern portions of the country, and the pressure Trump put on German Chancellor Angela Merkel over a proposed natural gas pipeline from Russia, among other specific actions. But Trump’s defenders are not telling the full story behind these actions.

    Sanctions

    In the aftermath of Trump’s meeting with Putin, a number of the president’s defenders touted sanctions that were imposed against Russia as evidence of Trump’s clear-eyed approach with regard to Russia. But, not only were the sanctions drawn up and passed by Congress while the Trump administration loudly opposed the move, the administration also dragged its feet in implementing them, missing a deadline to begin the implementation and only taking action after Congress demanded it do so. Moreover, Trump left United Nations Ambassador Nikki Haley out to dry by walking back, without explanation, an announcement she made regarding additional sanctions against Russia.

    Additionally, one of the first official actions the Trump administration attempted was “to relax or remove punitive measures imposed by President Obama in retaliation for Russia’s intervention in Ukraine and meddling in the 2016 election.” The effort to remove sanctions that were already on the books appeared to continue into Trump’s presidency, as one of his top fundraisers and former deputy finance chairman for the Republican National Committee, Elliott Broidy, reportedly offered in 2017 to “help a Moscow-based lawyer get Russian companies removed from a U.S. sanctions list.”

    Syria

    Right-wing media have also cited U.S. airstrikes conducted against the Syrian regime as evidence that Trump has stood up to Russian aggression. But, in 2017, Trump “notified Russia in advance of” the strike, “giving time for both Russian and Syrian forces to avoid casualties in an attack,” and by the very next day, Syrian warplanes were using the airfield that was targeted. Additionally, in 2018, the strikes Trump authorized against the Syrian regime targeted chemical weapons infrastructure, “and not the bases where the Russians and Iranians are.”

    Trump’s defenders have also pointed to an American counterattack on Russian mercenaries and Syrian military personnel in February, saying Trump “authorized” the attack. While the U.S. military did in fact fend off a Russian-backed attack after “repeatedly” warning about the “growing mass of troops,” the strike was an “act of self-defense.” Citing the incident as evidence that Trump is countering Russian interests in Syria does not address the larger picture that, under Trump, Russia has become even more entrenched, further solidifying its support for Syrian President Bashar al-Assad's regime, as Trump lacks a coherent overarching strategy for the war-torn country. Not to mention the fact that, in May 2017, Trump disclosed sensitive “code-word information” originating from Israeli intelligence services to the Russian foreign minister and Russian ambassador to the United States at the time.

    Expulsion of Russian diplomats

    Trump sycophants are additionally highlighting the March 26 expulsion of 60 Russian intelligence operatives who were in the United States under diplomatic cover and the closure of a Russian consulate as further proof of Trump’s tough stance on Russia. But the expulsion of diplomats is an expected reaction that “represent[s] more symbol than substance.” And Trump also berated administration officials for expelling too many Russian officials, as he was reportedly “furious that his administration was being portrayed in the media as taking by far the toughest stance on Russia” as compared to European allies, who joined the United States in the symbolic gesture.

    Moreover, in a still-unexplained proposition in the early days of the Trump administration, officials looked at “handing back to Russia two diplomatic compounds, near New York City and on Maryland’s Eastern Shore, that its officials were ejected from in late December as punishment for Moscow’s interference in the 2016 presidential election.”

    Weapons to Ukraine

    In what has emerged as a favorite talking point for Trump defenders in the wake of the meeting with Putin, conservative media are touting an arms deal with Ukraine. The deal, which the Obama administration had resisted, is meant to bolster Ukrainian defenses against the Russian military and pro-Russian Ukrainian rebels. Except Trump stooges in right-wing media fail to mention that the Ukrainian investigation into Trump’s former campaign manager’s shady business dealings in that country conspicuously stopped just “as the Trump administration was finalizing plans to sell the country sophisticated anti-tank missiles.” Not to mention the fact that, during the 2016 campaign, Trump made the laughable claim that the Russian military is “not going into Ukraine,” even though it effectively annexed the Crimean peninsula in 2014. According to Ukraine’s deputy foreign minister, Ukrainian officials were “tearing their hair and running around like crazies” when Trump was elected because of fears over what it would mean for the country.

    NATO spending

    Trump’s Fox News sycophants have also insisted that by “beating up the NATO allies” at the 2018 NATO summit, Trump succeeded in getting allies to “cough up more money” for the alliance when in fact Trump’s efforts had little to do with members’ increases in direct spending on their national military budgets. According to The New York Times, “each NATO member pledged in 2014,” after the Russian invasion of Ukraine, “to spend 2 percent of its gross domestic product on its own defense each year by 2024. … As a share of G.D.P., spending by European members and Canada began to rise before Mr. Trump took office.”

    Nord Stream 2

    Conservative media have also pointed to Trump’s critical comments to Merkel at the 2018 NATO summit over the proposed Nord Stream 2 natural-gas pipeline that would run from Russia to Germany as confirmation that Trump is “tough” in dealing with Russia. But previous administrations and a bipartisan group of senators also opposed Nord Stream 2, and Trump himself toned down his criticism after meeting with Putin, conceding that the United States cannot block Germany’s domestic energy decisions. The German Marshall Fund’s Ulrich Speck said the president’s attacks against Merkel “looked as if Trump is looking for ammunition against Germany. If he would have been serious on pushing against Nord Stream, he would probably have brought this up much more forcefully with Putin.” Indeed, a “tough” U.S. policy toward Russia would avoid driving such a wedge between the United States and an ally that has disregarded domestic business concerns to wrangle European Union member states, which had their own economic apprehensions, to join sanctions against Russia for its 2014 invasion of Ukraine.

  • Trump pushes false anti-abortion talking point claiming there's a lack of public support for Roe​

    ››› ››› JULIE TULBERT

    In a recent interview, President Donald Trump repeated a right-wing, anti-abortion talking point alleging that Americans’ support for abortion is evenly divided. This talking point -- and Trump’s comment -- has emerged as part of the push to confirm Trump’s Supreme Court nominee Brett Kavanaugh and to paint any warnings about his likelihood of overturning of Roe v. Wade as overblown.

  • The Supreme Court could overturn Roe v. Wade. Don’t buy these right-wing excuses that it’s not a big deal.

    Blog ››› ››› SHARON KANN & JULIE TULBERT


    Melissa Joskow / Media Matters

    Following the announcement of Supreme Court Justice Anthony Kennedy’s retirement, media have been speculating about the possibility of a nominee selected by President Donald Trump casting the deciding vote overturning Roe v. Wade.

    While some mainstream outlets have rightly warned about the likelihood and negative impacts of overturning, or even further hollowing out, Roe’s protections, many conservative outlets and figures deployed a variety of excuses either to suggest that Roe is not at risk or to downplay any potential negative effects such a move would have. But make no mistake -- the Trump administration and its anti-abortion allies haven’t been shy about their goal: making abortion inaccessible or even illegal in the United States, no matter what the consequences.

    In 2016, then-candidate Trump said in response to a debate question about whether he would overturn Roe: “Well, if we put another two or perhaps three justice on, that’s really what’s going to be — that will happen. And that’ll happen automatically, in my opinion, because I am putting pro-life justices on the court.” Previously, in July 2016, then-vice presidential nominee Mike Pence said that he believed that electing Trump would lead to the overturning of Roe and that he wanted to see the decision “consigned to the ash heap of history where it belongs.” In return, anti-abortion groups have also supported the administration -- a fact underscored by Trump’s keynote address at the anti-abortion group Susan B. Anthony List’s (SBA List) gala in May.

    Despite the administration’s promise, conservative media and figures are deploying a number of inaccurate excuses to either deny or downplay the severity of the threat to abortion rights with another Trump-appointed justice on the court:

    1. Claiming that abortion rights are safe because Roe is precedent, and none of the current justices will vote to overturn it.

    In the aftermath of Kennedy’s announcement, some conservative media argued that abortion rights are not threatened because the sitting justices -- including Chief Justice John Roberts and Trump’s previous nominee Justice Neil Gorsuch -- would be reticent to overturn precedent.

    For example, an editorial in The Wall Street Journal argued that because “the Court has upheld [Roe’s] core right so many times, ... the Chief Justice and perhaps even the other conservatives aren’t likely to overrule stare decisis on a 5-4 vote.” Similarly, during a June 27 appearance on Fox Business Network’s Lou Dobbs Tonight, conservative lawyer Alan Dershowitz claimed that Roe is safe because “true conservatives also follow precedent,” and therefore any conservative appointee would not vote to overturn it. Short-serving former White House Communications Director Anthony Scaramucci said it is unlikely that Roe would be overturned because “the court recognizes that there are certain fundamental principles that are in place and certain presidential precedent-setting principles in place." He concluded, “I know there are conservatives out there that want it to be overturned but I just don't see it happening."

    It appears highly unlikely that the new Supreme Court would keep Roe intact. Slate’s Mark Joseph Stern wrote that Kennedy’s retirement “ensured” that Roe will be overturned -- even if it ultimately will “die with a whimper” as the Supreme Court would allow anti-choice lawmakers to foist “extreme regulations on clinics, outlawing abortion after a certain number of weeks, or barring a woman from terminating a pregnancy on the basis of the fetus’ disability or identity.” As Stern concluded, “the constitutional right to abortion access in America is living on borrowed time.” This argument was also echoed by The Daily Beast’s Erin Gloria Ryan who contended that one more Supreme Court vote against abortion would mean that “the conservative minority in this country will have the power to uphold laws designed to force pregnant women into motherhood.” During the June 27 edition of MSNBC’s Deadline: White House, host Nicole Wallace explained that the impact of Kennedy’s retirement means “actually talking about a future generation growing up with abortion being illegal again” and “young women and men taking the kinds of risks that a generation now hasn't had to consider.”

    2. Arguing that Roe is “bad” law, and therefore a Trump nominee would only be correcting judicial overreach.

    In other instances, conservative media have argued that Roe is "bad" law because the constitution doesn't include a right to abortion. By this logic, they contend, a reversal of precedent is inconsequential because the new nominee would merely be helping correct previous judicial overreach.

    In an opinion piece for The Sacramento Bee, The Daily Wire’s Ben Shapiro argued that Roe v. Wade is a decision that was rendered “without even the most peremptory respect for the text and history of the Constitution,” but that “pleased the Left.” An improved Supreme Court, according to Shapiro, “would leave room for legislatures – Democrats or Republicans – to make laws that don’t conflict with the Constitution.”

    In National Review, Rich Lowry similarly said that Roe “is, in short, a travesty that a constitutionalist Supreme Court should excise from its body of work with all due haste.” Lowry concluded that Roe “has no sound constitutional basis” and implied that it should be overturned because it is an embarrassment for the court.

    The Federalist’s Mollie Hemingway claimed on Fox News’ Special Report with Bret Baier, “Even people who are pro-choice recognize that it was a poorly argued judicial decision.” She also said that Trump does not need to ask the judicial candidates about Roe v. Wade as “so many people regard it as such a poorly reasoned decision.” Fox News contributor Robert Jeffress also said on Fox News’ Hannity that Trump doesn’t need to ask about Roe because “there is no right to abortion.” Jeffress continued that though abortion is “nowhere in the Constitution” there is, however, a constitutionally protected “right to life that has been erased for 50 million children butchered in the womb since 1973.”

    But, as legal analyst Bridgette Dunlap wrote for Rewire.News, these claims that Roe is bad law are part of a conservative tactic to invalidate abortion rights more broadly. She explained: “In order to portray abortion rights as illegitimate, conservatives like to argue—inaccurately—that the Court legalized abortion in Roe v. Wade by inventing a right to privacy that is not grounded in the Constitution’s actual text.” Instead, she noted, Roe is based on the idea that “using the force of law to compel a person to use her body against her will to bring a pregnancy to term is a violation of her physical autonomy and decisional freedom—which the Constitution does not allow.”

    In addition, Roe is not just an important acknowledgement of the right to legally access abortion care -- even if states have already chipped away at the accessibility of that care. As Lourdes Rivera of the Center for Reproductive Rights explained in the National Law Journal, overturning Roe would impact the right to privacy and mean “uprooting a half-century of judicial decision-making, with profound consequences for our most cherished rights and essential freedoms.” Lawyer Jill Filipovic similarly wrote for Time magazine that “if Roe is done away with under the theory that privacy rights don’t exist, this could mean that there is no constitutional right to birth control, either.” In addition, she said, “cases that came after Roe, including Lawrence v. Texas, which invalidated a Texas law that criminalized sex between two men, were decided on similar premises — and could be similarly imperiled.”

    3. Claiming that abortion would not be completely outlawed because regulatory power would merely be “returned to the states.”

    A common argument by conservative media -- and in some cases, Trump himself -- is that an overturning of Roe would merely return abortion regulations to the states and not completely outlaw the practice.

    For instance, according to Fox News guest and constitutional attorney Mark W. Smith, even if Roe were overturned, it wouldn’t “outlaw abortion” in the United States, it would just allow “states and voters [to] decide what to do about abortion.” Fox News commentator Andrew Napolitano also made this claim, saying the “worst case scenario” is that if Roe “were to be repealed or reversed, the effect would be the 50 states would decide” their own abortion regulations. This inaccurate claim was also made during segments on CNN and MSNBC. During a June 27 appearance on CNN Newsroom with Brooke Baldwin, CNN legal commentator and former Virginia Attorney General Ken Cuccinelli argued that “all overturning Roe v. Wade does is” give the regulation power “to the states.” The Weekly Standard’s Bill Kristol made a similar claim on MSNBC Live with Velshi and Ruhle, when he argued that overturning Roe would merely “kick [abortion regulation] back to the states.”

    In reality, sending abortion regulation “back to the states” would functionally outlaw abortion access across large parts of the country. As Reva Siegel, a professor at Yale Law School wrote for The New York Times, returning the issue to the states would be disastrous because already, “27 major cities are 100 miles or more from the nearest abortion provider, and we can expect these ‘abortion deserts’ in the South and the Midwest to spread rapidly” if states are given free reign. New York magazine’s Lisa Ryan similarly reported that currently “there are only 19 states in which the right to abortion would be secure” if Roe is overturned.

    This landscape could easily worsen with anti-abortion groups turning their attention more directly to legislation on the state level rather than the federal level. As HuffPost’s Laura Bassett noted, a number of “abortion cases are already worming their way through the lower courts” that could further entrench abortion restrictions in a number of states. In 2016, ThinkProgress explained what a world before Roe looked like: “Wealthy women were able to access safe, though illegal, abortions, but everyone else had to risk their safety and sometimes their lives, and doctors had to risk going to jail.”

    4. Casting blame on abortion rights supporters for “overreacting” or trying to “attack” any Trump nominee on principle.

    Another common reaction among conservative media has been to cast blame back on abortion rights supporters. In this case, right-wing media have attacked supporters of Roe for “overreacting” to the potential loss of abortion rights, and accused others of opposing Trump’s nominee not on facts, but on principle.

    For example, during the June 27 edition of Fox Business’ Making Money with Charles Payne, guest and attorney Gayle Trotter argued that abortion rights supporters were just “trying to scare people” in order to “defeat the president’s nominee.” Federalist Society Executive Vice President Leonard Leo also echoed this argument during a June 27 appearance on Fox News’ Special Report with Bret Baier. According to Leo, “The left has been using the Roe v. Wade scare tactic since 1982, when Sandra O’Connor was nominated. And over 30 years later, nothing has happened to Roe v. Wade.”

    Similarly, on June 29, Trump supporters and YouTube personalities Lynnette Hardaway and Rochelle Richardson, popularly known as Diamond and Silk, appeared on Fox News’ Fox and Friends to discuss potential replacements for Kennedy. During the segment, Diamond asked why Democrats were “fearmongering” and “going into a frenzy” before knowing the nominee or their position on abortion. After interviewing Trump on Fox Business about his thought process for nominating Kennedy’s replacement, Maria Bartiromo said on the Saturday edition of Fox & Friends Weekend she believed that “all of this hysteria” about a potential overturn of Roe was being "a little overdone” by the left.

    Pro-choice advocates are not “overreacting” to potential attacks on the protections afforded by Roe. As journalist Irin Carmon explained on MSNBC Live with Craig Melvin, Kennedy’s retirement “is the point that the conservative movement, that the anti-abortion movement, has been preparing for for 40 years” by “taking over state legislatures and passing laws that are engineered to chip away at the abortion right.” Carmon said that even with Kennedy on the bench, “access to abortion, and in many cases contraception, was a reality [only] on paper already.” Now, “it is disportionately Black and brown women who are going to suffer with the regime that is going to come forward.” Attorney Maya Wiley similarly argued on MSNBC’s The Beat that overturning of Roe would mean “essentially barring a huge percentage of women from huge swaths of the country from access” to abortion.

    5. Claiming that there’s no public support for Roe or abortion access.

    Polling shows a large majority of Americans support the outcome of Roe. But some right-wing media personalities have said that such findings ignore other polling about Americans’ supposed support for restrictions on later abortion.

    For example, The Weekly Standard’s John McCormack argued on Fox News’ Outnumbered Overtime that the claims of support for abortion access are inaccurate because there is a “great misunderstanding about Roe v. Wade” and the impact it has on abortion restrictions and that “there is actually pretty popular support for second trimester regulations.” This talking point has been used elsewhere, such as by the Washington Examiner and anti-abortion outlet Life News, in an attempt to discredit perceived support for Roe.

    The argument deployed by McCormack has also frequently been used by right-wing outlets in the past -- despite the disregard such an argument shows for the complexities involved in abortion polling. As Tresa Undem, co-founder and partner at the public-opinion research firm PerryUndem, wrote for Vox, most “standard measures” that are used “to report the public’s views on abortion ... don’t capture how people really think” about the issue. In contrast to right-wing media and anti-abortion claims, polling done by Harvard T.H. Chan School of Public Health and Hart Research Associates shows that support for later abortions goes up when people realize that abortions in later stages of pregnancy are often undertaken out of medical necessity or for particular personal circumstances.

    As Trump prepares to announce his selection for the Supreme Court on Monday, July 7, right-wing and conservative media will only offer more of these excuses to downplay that Roe v. Wade is firmly in the crosshairs.