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Quotes

March 22, 2002

“There is still no practical or legal justification for having the tribunals. [The tribunals] still constitute a separate, inferior system of justice, shielded from independent judicial review.” [New York Times, 3/22/2002]

Associated Events

July 24, 2004

“The authors of this 300-page whitewash say they found no ‘systemic’ problem—even though there were 94 documented cases of prisoner abuse, including some 40 deaths, 20 of them homicides; even though only four prisons of the 16 they visited had copies of the Geneva conventions; even though Abu Ghraib was a cesspool with one shower for every 50 inmates; even though the military police were improperly involved in interrogations; even though young people plucked from civilian life were sent to guard prisoners—50,000 of them in all—with no training.” [New York Times, 7/24/2004]

Associated Events

New York Times was a participant or observer in the following events:

Page 4 of 4 (304 events)
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Columnist Adam White, writing for the conservative Weekly Standard, lambasts a recent article by the New Yorker’s Jeffrey Toobin about the internal decision-making process behind the 2010 Citizens United decision (see January 21, 2010 and May 14, 2012). Most publications describe the decision as allowing corporations and labor unions to spend money freely in campaigns, but White defines it differently, calling it an affirmation of “a corporation’s First Amendment right to spend money on independent speech on political issues, even when that speech criticizes candidates for office” (see January 21, 2010, January 22, 2010, and February 2, 2010). Law professors Tom Goldstein and Jonathan Adler have found some “spin” in Toobin’s account of events (see May 14, 2012), and law professor Richard Hasen has asked that a draft dissent highly critical of the decision and its methodology be made public to shed light on Toobin’s narrative (see May 14-16, 2012). However, White goes significantly further than any of the professors in tarring Toobin’s article, and in some instances Toobin himself. White writes flatly that everyone outside of “Toobin’s base,” presumably meaning liberals who comprise “Chief Justice [John] Roberts’s critics,” is “skeptical” of the article, and cites Goldstein and National Review columnist Ed Whelan (see May 15-17, 2012) as examples of those presumed skeptics who have “poured cold water” on the story. According to White, Toobin “front-load[ed] his story with easily disprovable mischaracterizations of the case” that [e]ven a cursory review of the case’s briefs, and contemporary news coverage, disproves Toobin’s thesis” of Roberts using a narrowly drawn case to revamp and invalidate most of US campaign finance law. White writes that Toobin’s characterization of the narrow focus of the case is wrong: “The First Amendment stakes were well known, and much discussed, in the run-up to oral argument.” He cites the New York Times editorial published at the time of the first arguments, in March 2009 (see March 23, 2009), warning that if the Court ruled in favor of Citizens United, “it would create an enormous loophole in the law and allow corporate money to flood into partisan politics in ways it has not in many decades. It also would seriously erode the disclosure rules for campaign contributions.” He also notes that respected court reporter Lyle Denniston warned before the oral arguments that the Citizens United case threatened to deliver “a sweeping rejection of Congressional authority to regulate campaign spending by corporations.” Toobin himself made some of the same arguments on CNN the day of the arguments, White notes. He calls Toobin’s version of events in the article a “clumsy fictionalization of the case” designed to vilify Roberts. He also questions Toobin’s characterization of the first arguments from Citizens United (CU) lawyer Theodore Olson, going considerably further than either Goldstein or Adler in accusing Toobin of fundamentally misrepresenting Olson’s original, narrowly focused case. According to White, Olson’s opening argument claimed that the restriction being challenged by CU was “unconstitutional as applied to the distribution of Citizens United’s documentary film through video on demand… [it] plainly exceeds Congress’s sharply limited authority to abridge the freedom of speech.” White claims that Olson cited First Amendment grounds in a portion of the arguments not reported by Toobin, and quotes from Olson’s argument; that quote describes Olson’s citation of the 2007 case Wisconsin Right to Life (WRTL—see Mid-2004 and After and June 25, 2007), which indeed used First Amendment grounds for its successful positioning, and quotes Olson as saying the WRTL decision “errs on the side of permitting the speech, not prohibiting the speech.” White accuses Toobin of deliberately misrepresenting Olson’s argument to “advanc[e] his own anti-Roberts narrative.” White is unable to check the accuracy of Toobin’s behind-the-scenes narrative, as Toobin’s sources are not revealed in the article, but White is “skeptical,” writing, “Given Toobin’s inability of accurately handling straightforward, easily confirmable facts, why should anyone take at face value Toobin’s description of the justices’ private discussions, and their draft opinions—especially when Toobin only describes, never quotes, those deliberations or draft opinions?” Like Adler, Toobin questions the ethics of the person or persons at the Court who “leaked” the story to Toobin. [Weekly Standard, 5/17/2012]

Entity Tags: New York Times, Ed Whelan, Adam White, Jeffrey Toobin, Lyle Denniston, John G. Roberts, Jr, Theodore (“Ted”) Olson, Jonathan Adler, Richard L. Hasen, Thomas Goldstein

Timeline Tags: Civil Liberties

Senate Minority Leader Mitch McConnell (R-KY) accuses President Obama and Congressional Democrats of subverting the constitutional guarantees of free speech by trying to restrict political campaign contributions, and says Democrats are using “mob” tactics against their critics. McConnell, speaking at the American Enterprise Institute, says that the White House has shown “an alarming willingness itself to use the powers of government to silence” political speech of groups with which it disagrees. “It is critically important for all conservatives—and indeed all Americans—to stand up and unite in defense of the freedom to organize around the causes we believe in, and against any effort that would constrain our ability to do so,” he says. McConnell is referring to Democrats’ push for the DISCLOSE Act, a campaign finance bill that would force disclosure of the identities of campaign donors that was defeated by a Republican filibuster in 2010 (see July 26-27, 2010) and is being brought up again. The DISCLOSE Act would affect both corporations and unions. Corporate spending in elections tends to favor Republicans, while union spending tends to favor Democrats. McConnell says the act would require “government-compelled disclosure of contributions to all grass-roots groups, which is far more dangerous than its proponents are willing to admit. This is nothing less than an effort by the government itself to expose its critics to harassment and intimidation, either by government authorities or through third-party allies.… The courts have said that Congress doesn’t have the authority to muzzle political speech. So the president himself will seek to go around it by attempting to change the First Amendment.” McConnell cites the Internal Revenue Service (IRS) as one government agency “persecuting” Republican-allied groups, saying, “Earlier this year, dozens of tea party-affiliated groups across the country learned what it was like to draw the attention of the speech police when they received a lengthy questionnaire from the IRS demanding attendance lists, meeting transcripts, and donor information.” The IRS has denied targeting groups based on their political views. IRS Commissioner Douglas H. Shulman says the information requirements stemmed from the tea party groups’ applications for nonprofit status, which triggered automatic IRS review procedures. “There’s many safeguards built in so this has nothing to do with election cycles and politics,” Shulman said before a House Appropriations subcommittee. “This notion that we’re targeting anyone is off.” McConnell says of Obama, “Not only did his campaign publish a list of eight private citizens it regards as enemies—an actual old-school enemies list—it recently doubled down on the effort when some began to call these thuggish tactics into question.” McConnell is referring to an Obama campaign “truth team” document that publicized information about eight wealthy Republican donors. “The tactics I’m describing extend well beyond the campaign headquarters in Chicago. To an extent not seen since the Nixon administration, they extend deep into the administration itself.” McConnell cites the example of Idaho businessman Frank VanderSloot, the national finance co-chair of the Mitt Romney presidential campaign, who was “smeared” as being “a bitter opponent” of gay rights by the Obama campaign. [Bloomberg, 6/15/2012; New York Times, 6/15/2012] VanderSloot is an outspoken opponent of gay rights, though he has hotly denied advocating such positions and often threatens lawsuits against those reporting his positions (see February 17-21, 2012). [Salon, 2/17/2012; KIFI Local News 8, 3/1/2012] The New York Times calls McConnell’s remarks “incendiary.” Fred Wertheimer of Democracy 21, a campaign-finance reform advocacy group, says McConnell “doesn’t have a constitutional or policy leg to stand on.” Democrats note that McConnell has failed to criticize organized efforts by the Romney campaign to heckle and disrupt campaign press conferences, nor has he criticized tea party efforts to disrupt and shout down Democrats during town hall meetings around the country. Wertheimer says McConnell is using his fiery rhetoric to, in the Times’s phrasing, “run interference for the secret donors pumping hundreds of millions of dollars into the US Chamber of Commerce and American Crossroads.” Obama campaign spokesperson Ben LaBolt says, “Senator McConnell has been running a cover-up operation for the special interest donors attempting to buy the election for the GOP in order to promote their agendas over the national interest.” [Bloomberg, 6/15/2012; New York Times, 6/15/2012]

Entity Tags: Barack Obama, Ben LaBolt, Douglas H. Shulman, Internal Revenue Service, Frank VanderSloot, US Congress, Fred Wertheimer, Mitch McConnell, New York Times

Timeline Tags: Civil Liberties, 2012 Elections

Analyses by the New York Times and FactCheck.org show that presidential candidate Mitt Romney made some fundamental misstatements when he criticized the Obama administration’s green energy program (see February 2009). During the October 3 presidential debate, Romney claimed Obama had given $90 billion of federal money to clean energy programs, saying at one point: “Now, I like green energy as well, but that’s about 50 years’ worth of what oil and gas receives. Ninety billion—that—that would have—that would have hired two million teachers.” The Times reports that while the $90 billion is an accurate number drawn from the 2009 economic stimulus package, not all of it was spent on green energy, and much of the money that was spent on green energy programs was authorized during the Bush administration. Of the $90 billion authorized by the Obama administration, $29 billion went to energy efficiency programs; much of that was spent on retrofitting homes and apartments of low-income households to be more energy efficient and lower their energy costs. $18 billion was spent on fast, energy-efficient trains and $21 billion was spent on wind farms, solar panels, and other renewable energy. Much of these expenditures was matched by private investments. Romney claimed, “I think about half of them, of the ones have been invested in, they’ve gone out of business,” and cited the example of Solyndra, a maker of solar equipment that went bankrupt, costing the government some $528 million. The Times notes that Solyndra began receiving money during the Bush administration, and that the government has been able to recover some of its funds from other firms that went bankrupt. The Times writes, “The defaults were far less than Congress had allocated to cover losses, and far, far less than half of the ventures, although some others may yet fail.” FactCheck, a project of the Annenberg Public Policy Center, goes further, noting, “In summary, Romney said a lot about the $90 billion in stimulus spending on clean energy—and very little of it was accurate.” FactCheck accuses Romney of making “numerous bogus claims” about the $90 billion energy funding. Only six percent of the firms loaned money by the government for clean energy technology have gone bankrupt, it notes, not “about half,” as Romney claimed. Romney also wrongly stated that the entire $90 billion was spent on “solar and wind” projects; in reality, less than a third was spent on those programs. His claim that the $90 billion was equivalent to “about 50 years’ worth of what oil and gas receives” in tax breaks was doubly wrong; by his own figures, it would have been 32 years’ worth, but real data shows it is closer to about 10 years’ worth of oil and gas subsidies. The claim that Obama could “have hired two million teachers” was wrong, since much of that $90 billion was in the form of loans, and, FactCheck notes, “the government can’t hire teachers with loans.” Even data provided by the Romney campaign to back up its claims disproves Romney’s assertions. [New York Times, 10/4/2012; FactCheck (.org), 10/4/2012]

Entity Tags: New York Times, Barack Obama, Bush administration (43), Obama administration, FactCheck (.org), Willard Mitt Romney, Solyndra Corporation

Timeline Tags: Domestic Propaganda, 2012 Elections, US Solar Industry

Arizona Public Service (APS), the state’s largest utility company, is using a new project it calls Solana to store solar energy collected during daylight hours to serve power demands during the night, according to an article published in the New York Times. APS had a three-mile stretch of desert near Gila Bend, southwest of Phoenix, bulldozed flat, and installed a network of parabolic mirrors that focus the sun’s energy onto a series of black-painted pipes. The pipes funnel the heat to large tanks of molten salt, which traps the heat until the plant draws the heat out of the salt and uses it to generate steam and electricity. The Solana project is an attempt to overcome one of the largest drawbacks of solar energy, the dearth of energy when the sun is not shining. “We’re going to care more and more about that as time goes on,” says APS general manager Brad Albert. Other states are watching the Solana project closely; California has just approved a rule requiring the state’s utilities to install storage facilities by 2024. Robert Gibson of the Solar Electric Power Association says: “The impetus to require storage is definitely inspired by the success of solar. Hopefully the California initiative is going to kick-start this and bring down costs.” Battery storage has always been a promise, he says, but cost-effective storage “has always been a few years out.” The biggest challenge for Arizona solar users, mainly individuals with rooftop solar arrays, is generating power in the early morning hours, before the sun has risen enough to activate the panels. Arizona and California also face similar problems in the evening, when the sun is too low for the panels to work well and people are returning home. By 6 p.m., most solar arrays are working at half capacity at best, even if they are installed on tracking devices that tilt the panels to follow the sun across the sky. Solana was built with a $1.45 billion loan guarantee from the US Department of Energy. Another similar project, also built with federal loan guarantees, is the Ivanpah project in California (see September 22, 2013). Cara S. Libby of the Electric Power Research Institute says, “There will be a trend towards storage as we see more variable renewables like photovoltaics and wind being added to the grid.” The flexibility of such a system becomes more important as a utility adds higher volumes of inflexible renewables, Libby says. Solana is not the first renewable energy plant with storage; others use banks of electric batteries. But battery storage is so expensive that it is primarily used to smooth the output of the plant and not to store large amounts of energy overnight. Storing energy as heat is much cheaper, but is mechanically inefficient. [New York Times, 10/17/2013]

Entity Tags: Brad Albert, Arizona Public Service, Cara S. Libby, New York Times, Solana, Robert Gibson

Timeline Tags: US Solar Industry

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