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Domestic Propaganda and the News Media

General Events

Project: Domestic Propaganda and the News Media
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Rick Santelli, the CNBC commentator whose on-air “rant” is credited for sparking the right-wing “tea party” movement (see February 19, 2009 and February 27, 2009), refuses to take part in the upcoming April 15 anti-tax rallies being put on across the country by various “tea party” organizations (see April 15, 2009). CNBC spokesman Brian Steel says Santelli is “not going and not in any way involved” in the protests. Fox News anchors Neil Cavuto and Sean Hannity are joining with protesters in Sacramento and Atlanta, respectively, and former House Speaker Newt Gingrich plans to attend a rally in New York. Organizers say over 300 different protests will take place across the nation. Eric Odom, who owns a Chicago-based “tea party” Web site, says, “We have fully confirmed protests in 360 cities” and he is “very confident that all the protests will happen.” Odom predicts that the rallies featuring Cavuto and Hannity will bring at least 5,000 to 10,000 participants. He stresses that the protests will be made up of people from “all walks of life,” not just conservatives opposed to the Obama administration’s policies. Odom does not mention Santelli’s non-involvement. (Delaney 4/2/2009)

Fox News on-screen chyron falsely claiming Obama’s 2010 budget is four times larger than biggest Bush budget.Fox News on-screen chyron falsely claiming Obama’s 2010 budget is four times larger than biggest Bush budget. [Source: Media Matters]Fox News’s flagship morning news broadcast, America’s Newsroom, displays an on-screen “chyron” that falsely claims the 2010 budget proposed by President Obama—$3.6 trillion—is four times the largest budget ever submitted by former President Bush. As progressive media watchdog Web site Media Matters notes, Bush submitted a $3.1 trillion budget for 2009 and a $2.9 trillion budget for 2008 (see October 13, 2009). (Media Matters 4/3/2009)

Conservative pundits on Fox News and other media outlets falsely claim that President Obama ceded the government’s authority over its economy to an international consortium during the G-20 summit, which concluded on April 2, 2009 in London. On April 3, pundit Dick Morris appears on Fox News’s America’s Newsroom to claim that Obama “effectively ceded massive areas of American sovereignty to Europe and to the global economic mavens.… [T]his literally is a massive surrender of sovereignty to an essentially European body.” On April 3, US Representative Don Manzullo (R-IL) tells CNN’s Kitty Pilgrim that Treasury Secretary Timothy “Geithner’s proposing, with the help of the administration, a worldwide international control over all financial interests—in fact, over any corporation, to the extent of even controlling the compensation of the employees. That’s not only radical, Kitty, that’s frightening.” Pilgrim responds, “Yeah, it certainly is.” On April 5, Fox News host Monica Crowley, appearing on the syndicated McLaughlin Group, says the G-20 agreement is “the first step to abrogating American sovereignty here, because… it is going to allow European bureaucrats to step in, not just on the hedge fund regulation and the other explicit things that they agreed to, but buried deep down in this communiqué was the ability for European bureaucrats sitting in Brussels to decide what kind of executive compensation American executives should—” Financial Times US managing editor Chrystia Freeland interjects, “No, there was no authority like that there, Monica.” Crowley responds, “I read it in the communique this morning.” (Media Matters 4/7/2009) In an April 6 column titled “The Declaration of Independence Has Been Repealed,” Morris writes: “On April 2, 2009, the work of July 4, 1776 was nullified at the meeting of the G-20 in London. The joint communique essentially announces a global economic union with uniform regulations and bylaws for all nations, including the United States. Henceforth, our SEC [Securities and Exchange Commission], Commodities Trading Commission, Federal Reserve Board, and other regulators will have to march to the beat of drums pounded by the Financial Stability Board (FSB), a body of central bankers from each of the G-20 states and the European Union.… Obama, perhaps feeling guilty for the US role in triggering the international [economic] crisis, has, indeed, given away the store. Now we may no longer look to presidential appointees, confirmed by the Senate, to make policy for our economy. These decisions will be made internationally.” Noting that the FSB is numerically dominated by European members, Morris writes: “The Europeans have been trying to get their hands on our financial system for decades. It is essential to them that they rein in American free enterprise so that their socialist heaven will not be polluted by vices such as the profit motive. Now, with President Obama’s approval, they have done it.” (Dick Morris 4/6/2009) On the evening of April 6, Morris makes the same claims on Fox News’s Hannity, telling viewers: “Basically, from an economic standpoint, [Obama’s] repealed [the Declaration of Independence]. We no longer have economic sovereignty.” (Landler and Sanger 4/3/2009) None of these claims are true, as Freeland tried to assert. The FSB has no cross-border authority and therefore no authority over American economic decisions. On April 3, the New York Times reports, “While the [G-20] leaders agreed to create a new Financial Stability Board to monitor the financial system for signs of risks, they stopped well short of giving regulators cross-border authority, something France has long advocated.” (Landler and Sanger 4/3/2009; Media Matters 4/7/2009)

Fox News talk show host Glenn Beck attempts to disavow any connection between his rhetoric and accused murderer Richard Poplawski, who killed three police officers in Pittsburgh two days ago (see April 4, 2009). Poplawski said he was influenced by Beck and other conservative talk show hosts who have repeatedly warned that the government intends to forcibly confiscate citizens’ guns (see April 4, 2009). Beck tells his listeners, “[T]he press, the blogs, everybody immediately went to, ‘This guy’s a conservative with guns that says Obama’s coming.’” But later in his show, Beck repeats his assertions, telling viewers that President Obama “will slowly but surely take away your gun or take away your ability to shoot a gun, carry a gun. He will make them more expensive; he’ll tax them out of existence. He will because he has said he would. He will tax your gun or take your gun away one way or another.” (Media Matters 4/9/2009)

Cliff Kincaid, the editor of the conservative Accuracy in Media, accuses President Obama of seeking to appoint an advocate of the “new world order” to the State Department. Kincaid is referring to Obama’s nomination of Yale Law School dean Harold Koh as legal adviser to the State Department. Kincaid says Koh’s nomination “is beyond worrisome. This is terrifying that—the thought of this kind of guy with these views becoming the top lawyer at the State Department. But seen in the light of the some of the other appointments Obama has made, it’s consistent with his push, which is now out in the open, for the US to become really subsumed into this, quote, ‘new world order’ that everybody keeps talking about, in which our sovereignty has been sacrificed for the, quote, ‘greater good.’” Kincaid is harking back to claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010). (Media Matters 4/10/2009) Three days later, former Republican Senator Rick Santorum (R-PA) will say that Obama’s nomination of the “internationalist” Koh shows that Obama is “contemptuous of American values” (see April 9, 2009).

’America’s Newsroom’ advertisement featuring Bill Hemmer.’America’s Newsroom’ advertisement featuring Bill Hemmer. [Source: Zap2It (.com)]Fox News anchor Bill Hemmer, host of Fox News’s flagship news program America’s Newsroom, interviews several people involved with the April 15 “tea party” protests (see April 8, 2009), including Felicia Cravens, the organizer of an April 15 “tea party” in Houston. During the interview, Fox News displays information about the protest on screen. Though both Hemmer and Craven call the protests “non-partisan,” Fox displays protest footage throughout the interview criticizing President Obama. At the end of the segment, Hemmer directs viewers to go to the Web site of his program for more information about the protests. Hemmer also interviews FoxNews.com contributor Andrea Tantaros, who says of the upcoming protests, “People are fighting against Barack Obama’s radical shift to turn us into Europe.” The program also states that “Tea Parties Are Anti-Stimulus Demonstrations” and part of a “Growing Revolution” (see October 13, 2009). (Media Matters 4/8/2009)

According to an analysis by progressive media watchdog Media Matters, Fox News airs at least 20 segments on the so-called “tea party” protests (see April 6-7, 2009, April 8, 2009, and April 13-15, 2009) scheduled for April 15 (see April 15, 2009, April 15, 2009 and April 15, 2009). The network also airs at least 73 in-show and commercial promotions for its April 15 coverage. Media Matters claims that Fox is “aggressively promot[ing] the events… encouraging viewers to get involved with tea party protests across the country.” Fox describes the events as “FNC [Fox News Channel] Tax Day Tea Parties.” The network has assigned four of its hosts, including Glenn Beck, Sean Hannity, Greta Van Susteren, and Neil Cavuto, to broadcast live from various “tea parties” around the nation. The analysis does not include a number of “teasers” that Fox shows air to preview upcoming segments on “tea parties.” (Media Matters 4/15/2009) On April 15, Fox will devote much of its day’s coverage to the tea parties. (Media Matters 9/11/2009)

Mike Gallagher.Mike Gallagher. [Source: All Access (.com)]Conservative radio host Mike Gallagher discusses an exchange between the Second Amendment Foundation’s Alan Gottlieb and MSNBC anchor David Shuster that occurred the night before, on MSNBC’s Hardball. Gallagher lauds Gottlieb’s “great job in explaining logically why people are worried about what the Obama administration wants to do with our guns,” and airs a clip from the conversation in which Shuster asked Gottlieb, “Do you believe that the Obama administration and the Feds are coming to take away everybody’s guns?” Gottlieb replied: “I believe that’s what they would like to do. I don’t think we’re going to let them get away with it.” Gallagher later tells his listeners: “[L]isten to the way Gottlieb leaves the liberal columnist stuttering and stammering, explaining very eloquently why so many of us are worried and scurrying to buy guns right now.… [I]f you think the government might take your rights away from you, you want to try and exercise them before that happens. It’s a normal reaction.” Gallagher suggests “a national movement to register as many people as we can… to become gun owners,” and continues: “We’re going to set up a Web site, we’re going to get listener participation on this, we’re going to register and create as many gun owners—new, first-time gun owners as possible. I don’t even want to set a number. I’m number one—I’ll be the first one.” However, Gallagher criticizes media reports that state Pittsburgh cop-killer Richard Poplawski killed three police officers for fear that government or law enforcement officials would take away his guns (see April 4, 2009). (Media Matters 4/7/2009; Media Matters 4/9/2009)

Betty Brown.Betty Brown. [Source: Houston Chronicle]Texas State Representative Betty Brown (R-Terrell) says during House testimony on voter identification legislation that since Asian-Americans often have names that are difficult for other Americans to pronounce, they should just change their names to something “easier for Americans to deal with.” The Texas House Elections Committee hears testimony from Ramey Ko, a representative of the Organization of Chinese Americans, who says that Americans of Chinese, Japanese, and Korean descent often have problems with voting and with other forms of identification because they have both a legal transliterated name and then a common English name used on their driver’s license and school registrations. Brown suggests that Asian-Americans find a way to make their names more accessible, asking, “Rather than everyone here having to learn Chinese—I understand it’s a rather difficult language—do you think that it would behoove you and your citizens to adopt a name that we could deal with more readily here?” Later in the session, she tells Ko, “Can’t you see that this is something that would make it a lot easier for you and the people who are poll workers if you could adopt a name just for identification purposes that’s easier for Americans to deal with?” Democratic Chairman Boyd Richie says Republicans are attempting to suppress votes with a partisan identification bill, and that Brown “is adding insult to injury with her disrespectful comments.” Brown refuses to apologize for her statements. A spokesman for Brown, Jordan Berry, says that her comments have nothing to do with race, and are merely focused on overcoming problems with identifying Asian names for voting purposes. Democrats are the ones guilty of using racial rhetoric, says Berry, not Brown: “They want this to just be about race.” (Ratcliffe 4/9/2009)

Screenshot of Fox News promoting the ‘Tea Party’ rally in Houston.Screenshot of Fox News promoting the ‘Tea Party’ rally in Houston. [Source: Fox News / Media Matters]Republican lawmakers announce their intention to join with right-wing protesters on April 15, 2009, in what is envisioned as a nationwide protest against the Obama administration’s tax policies. The primary organizers are the think tanks Americans for Prosperity and Freedom Works, and right-wing bloggers such as Michelle Malkin. They say that under President Obama, taxes are “too high” and freedoms are being “eroded.” They have also called for Obama’s impeachment and refer to him as “Obama bin Lyin” and other derogatory nicknames.
Republicans, Neo-Nazis, Secessionists Joining in 'Tea Party Protests' - Malkin has called the movement the “Tea Party Protests,” in an attempt to connect the protests with the American Revolution’s Boston Tea Party. Senator David Vitter (R-LA) is sponsoring legislation to honor the protests. Representatives David Davis (R-TN), Jason Chaffetz (R-UT), Rob Bishop (R-UT), Todd Tiahrt (R-KS), John Fleming (R-LA), Ander Crenshaw (R-FL), Bob Latta (R-OH), John Shadegg (R-AZ), Sue Myrick (R-NC), Bill Posey (R-FL), and Louie Gohmert (R-TX) will attend local protests, as will Governor Mark Sanford (R-SC) and former Representative J.D. Hayworth (R-AZ). Officials from Senator Bob Corker’s (R-TN) and Representative Sam Graves’s (R-MO) office will attend the rallies as well, and Representatives Denny Rehberg (R-MT), Jack Kingston (R-GA), and Tom Rooney (R-FL) are urging their constituents to attend tea party protests. Former House Speaker Newt Gingrich (R-GA), who heads American Solutions for Winning the Futures (ASWF) and who will speak at the New York City rally, is encouraging his supporters to join the protests, and has provided them with what he calls a “toolkit” of talking points. ASWF is funded by oil and energy interests, and led the recent “Drill Here, Drill Now” campaign. ASWF has been an official “partner” in the Tea Party campaign since March. The Tea Party Protests are being joined by gun rights militias, secessionists, and neo-Nazi groups.
Protests Orchestrated by Lobbyist Organizations and Promoted by Fox News - The protests are being heavily promoted on Fox News, which intends to hold all-day “news reports” on April 15 featuring several of its commentators, including Glenn Beck (see March 3, 2009), Sean Hannity, Neil Cavuto, and Greta Van Susteren, live at different venues. Many of the protest organizers’ Web sites feature one or more of the Fox commentators as part of their promotion efforts (see October 13, 2009). Beck is one of several Fox commentators and hosts who claims that the protests are “grassroots” organizations “spontaneously” led by “ordinary people,” but in reality, the protests are being orchestrated by two lobbyist-run and lobbyist-organized organizations, Americans for Prosperity and Freedom Works. According to progressive news site Think Progress, “[t]he two groups are heavily staffed and well funded, and are providing all the logistical and public relations work necessary for planning coast-to-coast protests.” Freedom Works staffers are coordinating conference calls among protesters and working with conservative organizers to give them what it calls “sign ideas, sample press releases, and a map of events around the country” as well as guides featuring talking points and instructions on delivering a “clear message” to the public and the media. Freedom Works has set up numerous Web sites, some of which Think Progress claims are deliberately constructed to appear as the work of amateurs, to promote the protests. In Florida, Freedom Works took over the planning of events. Americans for Progress is writing press releases and planning events in New Jersey, Arizona, New Hampshire, Missouri, Kansas, and several other states. Think Progress calls these activities “corporate ‘astroturfing,’” which it defines as corporations’ attempts to orchestrate events appearing to be grassroots, citizen-led actions. Freedom Works is headed by former Texas Republican Representative Dick Armey, who is a lobbyist for the firm DLA Piper; Americans for Prosperity is headed by Tim Phillips, who is a former partner of right-wing activist Ralph Reed in the lobbying firm Century Strategies. Americans for Prosperity has organized numerous pro-oil company “grassroots” events. (Fang 4/8/2009; Media Matters 4/8/2009; Fang 4/9/2009)

Spencer Bachus.Spencer Bachus. [Source: Chicago Tribune]US Representative Spencer Bachus (R-AL) tells a group of local leaders in Trussville, Alabama, “Some of the men and women I work with in Congress are socialists.” Asked to clarify his comment, Bachus tells a reporter that 17 members of the House of Representatives are socialists. (Bouma 4/9/2009; Alarkon 4/9/2009)
Only Names One of 17 - When pressed, Bachus only names one of his “socialists”—Representative Bernie Sanders (I-VT), who has repeatedly recommended that the US adopt a program of “democratic socialism” similar to some practiced in Scandinavian countries. He refuses to name the other 16. Sanders asks rhetorically: “Has Spencer released his list yet? Everybody’s waiting with bated breath.” He adds, “I think at the very least he has to tell people what his definition of socialism is—and I think, yeah, he should tell us who he was referring to, who’s on the list.”
Possible Reference to Congressional Progressive Caucus - Many Congressional staffers and advisers believe that Bachus is referring to some members of the Congressional Progressive Caucus, a left-leaning coalition of 77 House members founded by Sanders in the early 1990s. Although the caucus has not espoused socialism in any form, it does advocate reduced military spending, universal health care, and higher taxes on the rich. Right-wing groups have long labeled the caucus’s agenda as “fringe-left socialism”; one hard-right pundit, WorldNetDaily’s Joseph Farah, has called the caucus “Congress’s very own Red Army… marching the nation inevitably toward its self-proclaimed socialist ideal.”
Differing Definitions - Politico’s Glenn Thrush writes that the term “socialism” has different meanings for different people. “To many on the left, it’s a relatively benign—if outdated—term, representing an activist, interventionist government that prioritizes economic security over the unfettered freedom of the marketplace. To many on the right, it’s practically an epithet—suggesting a return to Soviet-style Communism or a leap toward a hyper-regulated European brand of capitalism that stifles innovation and hikes taxes. It’s safe to say that more people in Bachus’s suburban Birmingham district—the most GOP-tilting seat in the country, according to the Cook Political Report—view socialism as a bad, bad thing.”
Mixed Reactions - Doug Thornell, speaking for Representative Chris Van Hollen (D-MD), says of Bachus’s accusation: “House Republicans’ solution to the current economic crisis is to launch head-scratching, ‘50s-style accusations against unidentified members of Congress. Next thing you know they’ll be going after beatniks and calling for the auto industry to bring back the Edsel.… With all the challenges we face, it’s stunning this is what Republicans are talking about. They sound like a broken record of GOP low points from the 2008 campaign.” Erin Kanoy of the Heritage Foundation is glad Bachus “called out” his colleagues, saying: “I think that people expressing where they see someone on the political spectrum has tended to be an off-limits thing and very politically incorrect—but sometimes I think you’ve got to call a spade a spade. If Bachus believes members of Congress are part of this movement, he should be able to say it.… He’s really reflecting a much larger frustration with the landslide of legislation that we’ve had coming at us that seems to be marching towards socialist government.” Conservative activist Grover Norquist agrees with Bachus’s position, but says he should not have gotten into the subject of lists. “We shouldn’t get into a labeling thing with the other side,” Norquist says. “We shouldn’t call them socialists—we should call them stupid because they are spending all this money we don’t have.” Sanders notes that conservatives tried to tar Barack Obama with similar accusations: “They said a lot of this stuff about Obama during the [presidential] campaign, calling him a socialist, and trying to instill fear in people” (see August 1, 2008 and After, October 10, 2008, October 27, 2008, and March 5, 2009). Many progressive and liberal bloggers have accused Bachus of launching an attack on Democrats worthy of the McCarthyite “Red scare” of the 1950s. (Akers 4/10/2009; Thrush 4/14/2009)
Defending Socialism, Decrying 'Scare Tactics' - In an op-ed for the Huffington Post, Sanders writes: “I doubt that there are any other socialists, let alone 17 more, in all of the Congress. I also respectfully doubt that Spencer Bachus understands much about democratic socialism.… At its worst, Washington is a place where name-calling partisan politics too often trumps policy.… [B]randing someone as a socialist has become the slur du jour by leading lights of the American right from Newt Gingrich to Rush Limbaugh. Some, like Mike Huckabee, intentionally blur the differences between socialism and communism, between democracy and totalitarianism. ‘Lenin and Stalin would love this stuff,’ Huckabee told last winter’s gathering of the Conservative Political Action Conference. If we could get beyond such nonsense, I think this country could use a good debate about what goes on here compared to places with a long social-democratic tradition like Sweden, Norway, and Finland, where, by and large, the middle class has a far higher standard of living than we do.… [W]e should be prepared to study and learn from the successes of social democratic countries. Name-calling and scare tactics just won’t do.” (Sanders 4/22/2009)

Former Republican senator Rick Santorum writes in an op-ed for the Philadelphia Inquirer that President Obama is “contemptuous of American values.” Santorum, now a columnist for the Inquirer, ties his comments to the pending nomination of Harold Koh to become the State Department’s lead counsel. Santorum and other far-right conservatives oppose Koh, a former Yale Law School dean, because of his “internationalist” views. Obama’s nomination of Koh for the State Department, and Obama’s recent supposed “apology for American arrogance” to European audiences, “helped convince me that [Obama] has a deep-seated antipathy toward American values and traditions,” Santorum writes. Santorum opposes Koh’s view that the US must become part of the international legal community, and instead insists that the US hold itself apart from international law, a position Santorum shares with the former Bush administration. “Koh’s ‘transnationalism’ stands in contrast to good, old-fashioned notions of national sovereignty, in which our Constitution is the highest law of the land,” Santorum writes. “In the traditional view, controversial matters, whatever they may be, are subject to democratic debate here. They should be resolved by the American people and their representatives, not ‘internationalized.’ What Holland or Belgium or Kenya or any other nation or coalition of nations thinks has no bearing on our exercise of executive, legislative, or judicial power. Koh disagrees. He would decide such matters based on the views of other countries or transnational organizations—or, rather, those entities’ elites.” Koh supports the International Criminal Court, which Santorum views as an objectionable intrusion upon American sovereignty. (Santorum 4/9/2009) Santorum is echoing recent arguments by Fox News host Glenn Beck (see April 1, 2009) and Accuracy in Media editor Cliff Kincaid (see April 6, 2009).

Johnny Lee Clary.Johnny Lee Clary. [Source: Christian Family Churches of Australia (.com)]The Reverend Johnny Lee Clary, who describes himself as a former imperial wizard of the Ku Klux Klan who abandoned his allegiance to white supremacist ideology after converting to Christianity and now preaches against racism and white separatism, answers a number of questions about the Klan and related organizations on his Web site.
The John Birch Society - According to Clary, the John Birch Society (JBS—see March 10, 1961 and December 2011) “is just a political version of the KKK, without the name of the KKK. They center on the political ideas of the Klan and are not as vocal in public on the ideas of the racial superiority, but they attract the same people and say the same things behind closed doors.… The John Birch Society is the Klan.… They are racist, and full of hate and are officially listed as a hate group with several civil rights organizations throughout the USA.” Tom Metzger, the founder and leader of the White Aryan Resistance (WAR), is an active leader of a California chapter of the JBS, Clary writes, as are many other members of the Klan and various neo-Nazi and white supremacist militia groups. Clary explains why the Klan is openly racist and the JBS is not, stating: “The John Birch Society’s function is to recruit professional people into their ranks of anti-government conspiracy freaks, that would be too afraid to join an organization with the name of the KKK. They suck these people into their ranks and use the donations to further the cause of radical un-American fascist racist KKK activities. This is a ploy for the KKK to get funding to help spread their agenda.” In response to an email from a JBS member portraying his organization as “conservative,” Clary writes: “Please do not try to represent your organization as ‘conservative.’ You are not conservative, and are disowned by the Republican Party and are considered a disgrace to true conservatives everywhere. Ronald Reagan, the greatest conservative American ever, would have nothing to do with any of you. Neither will President Bush for that matter.”
Positive Aspects of the Klan - While Clary repudiates the Klan’s racism, he says there are some “good” aspects to the organization: it “stands against abortion, homosexuality, and drug dealers. They are for prayer in the schools and the use of the Bible in the classroom. These are good things that would entice some people into joining the Klan, however, if someone joined because of these reasons they would soon see that the evil the Klan does is so sinister that it far outweighs the good. The Klan is guilty of bombings, murder, and hatred of their fellow man because of the shade of their skin.”
Why the KKK Hates African-Americans - In response to a letter from an African-American student asking this question, Clary writes: “I believe that one of the reason’s the Klan hates African-Americans so much is because they look different [from whites]. By putting others down they make themselves feel superior. One who hates so much really does not like his or her own self. They know deep down inside that they are a loser in society and they are searching for some way to try to achieve some sort of superiority. You have to remember also that the majority of KKK members are what would be classified as ‘poor white trash.’ Very few Klan members come from upper middle class backgrounds or even middle class for that matter. They come from backgrounds that are poor and down trodden. Instead of doing something to better themselves they build up resentment until it turns into hatred. They blame the Jews, blacks, and others for their own failures in life and they are a product of a learned response. That is, they are taught to hate.… If the blacks were not around for Klansmen to hate, it would be the Jews and if they were not around it would be the Native American Indians and if not them then someone else. When no one else that appears to be different is around then they start hating and bickering with each other. Many of them are crying out for a separate ‘Aryan’ homeland. They scream for a place where people that believe like they do can all go and live and not have to be around other races. That could be a solution that would benefit everybody. Even if there were no other races around them, their hatred is so deeply imbedded within them that they would start hating each other and finally destroy one another.” (Clary 2007; Johnny Lee Clary 4/13/2009)

Fox News’s flagship morning news broadcast, America’s Newsroom, repeatedly airs video clips promoting the upcoming “tea party” protests for April 15 (see April 8, 2009, April 15, 2009, April 15, 2009, and April 15, 2009). Host Bill Hemmer urges viewers to attend protests near them, and alerts them to “virtual tea parties” being hosted on Fox’s “non-partisan” Web site Fox Nation. One clip exhorts viewers to “say no to biased media and yes to fair play and free speech,” and then prompts them to “express your views, your values” at Fox Nation. Hemmer then tells viewers that commentators Glenn Beck (see April 15, 2009), Sean Hannity, Neil Cavuto, and Greta Van Susteren are reporting and helping host protests in four separate areas around the nation. “Can’t get to a tea party?” Hemmer asks. “Fox Nation hosts a ‘virtual tea party.’ You can check it out on the site.” During Hemmer’s pitch, Fox News airs a clip of a protest sign with “NO to socialism!” written across an American flag with a Soviet-style hammer and sickle in place of the 50 stars (see October 13, 2009). (Media Matters 4/13/2009)

FreedomWorks logo.FreedomWorks logo. [Source: FreedomWorks]The progressive news and advocacy site Think Progress profiles FreedomWorks, a conservative lobbying firm that uses the practice of “astroturfing” to press its agenda home. FreedomWorks is one of the organizations behind the anti-tax “tea party” movement (see April 8, 2009). The organization denies that it is “astroturfing”—creating fake “citizens groups” that purport to be spontaneously organized grassroots organizations—and compares its work to that of liberal activism group MoveOn.org. However, Think Progress notes that MoveOn is a citizen-organized group, while FreedomWorks is headed by former Republican activists and corporate officials, and is funded by oil, energy, and tobacco companies. Former House Majority Leader Dick Armey and current Washington lobbyist (R-TX) leads FreedomWorks. (Fang 4/14/2009)
'Amateur-Looking' Astroturfing Sites - Last year, the Wall Street Journal exposed FreedomWorks’ use of “amateur-looking” Web sites for its “astroturf” groups to bolster their credibility as purported “citizen groups” pushing for corporate interests (see May 16, 2008). (Fang 4/14/2009)
Represented by PR Firm with GOP Links - FreedomWorks is represented by the Washington public relations firm Shirley & Banister Public Affairs. Shirley & Banister also represents conservative organizations such as the National Rifle Association, Citizens United, news outlet Human Events, and organizer Richard Viguerie’s direct-mail firm. (It also represents the Bradley Foundation, a conservative funding organization that in 2008 gave $25,000 to both FreedomWorks and Americans for Prosperity [AFP], gave FreedomWorks $75,000 in 2009, and is considering a grant request from AFP.) One of Shirley & Banister’s partners is Craig Shirley, a veteran Republican PR operative who helped develop the overtly racist 1988 “Willie Horton” political ad (see September 21 - October 4, 1988). Progressive MSNBC host Rachel Maddow tells her audience: “This is a perfect system for the Republican Party. It’s a constant feedback loop. The Republican Party activists stir up fear and anger on the Internet… Fearful, angry people go to town hall events and then Republican Party officials say they are just responding to that anger and they have no idea where it came from. It’s [a] perfect cycle. Rile them up with made-up stuff and then sympathize with them that are so riled.” (MSNBC 8/14/2009; MSNBC 8/17/2009)
Led by Millionaires - Three of FreedomWorks’ most prominent senior officials are millionaires. Armey makes over $500,000 a year working for the organization, and lives in a Texas home valued at $1.7 million. FreedomWorks president Matthew Kibbe lives on Capitol Hill in Washington, DC, in a home valued at $1.17 million. Board member Steve Forbes, the billionaire publisher of Forbes magazine, lives in a New Jersey home valued at $2.78 million, owns a chateau in France, and recently sold a private island in Fiji and a palace in Morocco. (Phillips 5/16/2008)
FreedomWorks Supports Armey's Lobbying Efforts - Armey’s lobbying firm, DLA Piper, represents pharmaceutical firms such as Bristol-Myers Squibb, medical device supplier SleepMed, health care provider Metropolitan Health Networks, and another pharmaceutical firm, Medicines Company. One member of FreedomWorks’s board of directors is Richard Stephenson, the founder and chairman of Cancer Treatment Centers of America. He is also the president of International Capital and Management Company, which runs a hospital consulting company. The president of FreedomWorks is Matt Kibbe, the former senior economist for the Republican National Committee and the former chief of staff for Representative Dan Miller (R-FL). FreedomWorks is organizing protests against health care reform that would cut into pharmaceutical firms’ profits. DLA Piper represents a number of life insurance firms; FreedomWorks has organized support for the deregulation of the insurance industry. DLA Piper represents not only several American oil firms, but also Sheikh Mohammed Bin Rashid Al Maktoum, prime minister of the United Arab Emirates (UAE), on energy related issues such as maintaining the close ties between the US and the UAE. US oil firms are deeply involved in the UAE’s oil industry. (Center for Responsive Politics 2009; Fang 4/14/2009; MSNBC 8/12/2009) In August 2009, after reporting on FreedomWorks, MSNBC host Rachel Maddow will tell her audience: “Washington lobbyists and health care executives and former Republican Party officials have just as much a right to shout down the policy debate about health care reform as anyone else does. These folks have just as much a right to try to derail this entire process as anyone else does. But we have a right to know who they are and who is paying them for their efforts. These guys are pros. This is an industry. This is beltway politics being organized and played out in town halls across the country.” (MSNBC 8/12/2009) DLA Piper has also received $830,000 this year, so far, from the pharmaceutical firm Medicines Company; the same firm paid DLA Piper $1.5 million in 2008. (MSNBC 8/7/2009)
FreedomWorks Lobbying on Behalf of DLA Piper? - In August 2009, Maddow will ask, “[W]hy are DLA Piper’s clients relevant?” She answers herself, “There appears to be some pretty good evidence that when you pay Dick Armey’s lobbying firm, DLA Piper, you get what Dick Armey’s grassroots organization FreedomWorks does.” In the first half of 2007, the American Council of Life Insurers paid DLA Piper $100,000 to lobby on its behalf. During that time span, FreedomWorks began lobbying Congress on a “grassroots” basis to deregulate the life insurance industry. Maddow will sarcastically ask: “And, of course, perhaps it is just mere coincidence that FreedomWorks happened to have a newfound, ideological, purist grassroots commitment to life insurance deregulation at the same time the American Council of Life Insurers hired Dick Armey’s lobbying firm. It could just be a coincidence. Could be, right?” In 2006, DLA Piper began lobbying for the Senado de Republica, the Mexican Senate, for the purpose of “enhancing US-Mexico relations.” At the same time, FreedomWorks began promoting itself as “one of the few organizations willing to aggressively promote meaningful immigration reform.” In 2004, during the Bush administration’s push to privatize Social Security, a single mom from Iowa was introduced at a White House economic conference as a supporter of privatization. That mom was a FreedomWorks employee. Maddow will say: “This is how FreedomWorks does their work. They try to create the impression that their just regular grassroots Americans without any financial or political interests in the outcome of these policy fights.” (MSNBC 8/12/2009)

The Center for American Progress (CAP), a progressive think tank and lobbying organization, releases a report that says the “tea party” movement protesting the various policies of the Obama administration (see April 8, 2009) is not, as purported, entirely a grassroots movement of ordinary citizens, but an “astroturf” movement created, organized, and funded by powerful conservative and industry firms and organizations. (CAP notes that the anti-tax “tea parties,” with “tea” standing for “Taxed Enough Already,” fail to note that President Obama’s recent legislation actually has cut taxes for 95 percent of Americans.) Two of the most prominent organizations behind the “tea parties” are FreedomWorks and Americans for Progress (AFP). FreedomWorks (see April 14, 2009) is a corporate lobbying firm run by former House Majority Leader Dick Armey (R-TX), and organized the first “tea party,” held in Tampa, Florida, on February 27. It then began planning and organizing “tea parties” on a national scale; officials coordinated logistics, called conservative activists, and provided activists with sign ideas and slogans and talking points to use during protests. AFP has coordinated with FreedomWorks. AFP is a corporate lobbying firm run by Tim Phillips, a former lobbying partner of conservative activist Ralph Reed, and funded in part by Koch Industries, the largest private oil corporation in America (see May 29, 2009). Former House Speaker Newt Gingrich (R-GA) is also involved, through his lobbying form American Solutions for Winning the Future, which is supported by oil companies.
Support, Promotion from Fox News - On cable news channels, Fox News and Fox Business have run promotions for the “tea parties” in conjunction with enthusiastic reports promoting the affairs (see April 13-15, 2009, April 15, 2009, April 15, 2009, and April 6-13, 2009); in return, the organizers use the Fox broadcasts to promote the events. Fox hosts Glenn Beck, Neil Cavuto, and Sean Hannity all plan to broadcast live reports from the events. Fox also warns its viewers that the Obama administration may send “spies” to the events. (Fox justifies its depth of coverage by saying that it provided similar coverage for the 1995 Million Man March. However, Fox did not begin broadcasting until 1996—see October 7, 1996.)
Republican Support - Congressional Republicans have embraced the “tea parties” as ways to oppose the Obama administration. Many leading Republicans, such as Minority Leader John Boehner (R-OH), Paul Ryan (R-WI), and some 35 others, will speak at AFP-funded “tea parties.” Republican National Committee Chairman Michael Steele has moved the RNC to officially support the protests. And Senator David Vitter (R-LA) has introduced legislation formally honoring April 15 as “National Tea Party Day.” “It’s going to be more directed at Obama,” says reporter and commentator Ana Marie Cox. “This is very much, I think, part of the midterm strategy” to win elections in 2010.
Fringe Elements - According to CAP, many “fringe” elements of the conservative movement—including “gun rights militias, secessionists, radical anti-immigrant organizations, and neo-Nazi groups”—are involved in the “tea parties.” (Shakir et al. 4/15/2009; Fang 5/29/2009)

Fox News host Glenn Beck, broadcasting live from a “tea party” protest at the Alamo in San Antonio, Texas, interviews Joe Horn, who was charged with shooting to death two illegal immigrants whom Horn says he caught burglarizing his neighbor’s home. The Alamo is the site of the Republic of Texas’s 1836 stand against the Mexican Army, and apparently Beck’s interview of Horn is chosen to symbolize American “resistance” to Mexican immigrants. “It’s a different world in Texas,” Beck says, and Horn replies, backed by cheers from a small audience behind Beck, “Thank God for it.” Regarding the shooting, Horn says, “I thought it was the right thing to do, and I did it.” As Beck retells the story, Horn saw the two men burglarizing the neighbor’s home, called 911, and, before the police could respond, told the 911 operator that he was going to the home to “stop them.” Defying the operator’s request not to confront the two, Horn took his shotgun to the neighbor’s home and shot both intruders, killing them. (His admission of shooting them triggers wild cheering; the Fox News cameras focus on a “Don’t Tread on Me” flag waved from the crowd.) Horn claims that the men were approaching him when he opened fire. The crowd cheers at Beck’s retelling of another story of a homeowner shooting an alleged burglar, and cheers at every subsequent mention of guns and shootings. “Joe, what kind of world are we living in that people don’t understand you have a right to life, liberty, and the pursuit of happiness?” Beck asks. Horn says he had no intention of “letting those two men kill me,” even though police investigations showed that he shot both of them in the back, apparently as they were fleeing, and he told the 911 operator before leaving his home, “I’m going to kill them.” Neither one of the alleged burglars was armed. Texas prosecutors failed to indict Horn. (Blumenthal 12/13/2007; Media Matters 4/15/2009)

A ‘tea party’ protester carries a sign during a Chicago rally.A ‘tea party’ protester carries a sign during a Chicago rally. [Source: Huffington Post]Fox News devotes much of its day’s coverage to the conservative, anti-tax “tea parties” taking place around the nation. The network has promoted the tea parties in the previous weeks (see April 6-13, 2009, April 15, 2009, and April 15, 2009). Fox hosts Glenn Beck, Neil Cavuto, Sean Hannity, and Greta Van Susteren all provide extensive live coverage from the sites of separate events, which the network promotes as “FNC [Fox News Channel] Tax Day Tea Parties” (see October 13, 2009). Many of the network’s shows, such as America’s Newsroom, Beck’s show, and others provide on-air and online information about the times and locations of events, and broadcast interviews with event organizers. Beck tells his viewers they can “[c]elebrate with Fox News” at any of four “FNC Tax Day Tea Parties.” Beck, who is at San Antonio’s Alamo for an event (see April 15, 2009) tells his audience: “If you can’t make the one in San Antonio, please go to the one with Neil or with Sean in Atlanta, that’s supposed to be great, Greta is in Washington, DC. Just get out and let your face be seen.” Hannity encourages viewers to send in their “Tax Day Tea Party” videos for on-air broadcast. Cavuto’s guest host in the studio, Stuart Varney, says plainly, “It’s now my great duty to promote the tea parties.” Fox News’s Web site, “Fox Nation,” actively promotes the events, with links to blogs, maps, videos, and event calendars. The network even hosts its own “virtual tea party” on its Web site. Fox host Gretchen Carlson suggests that viewers hang teabags from their cars’ rearview mirrors, “like fuzzy dice.” Fox Business anchor Cody Willard tells viewers to “figh[t] the fascism” of the current administration by attending a “tea party.” He asks his viewers, “Guys, when are we going to wake up and start fighting the fascism that seems to be permeating this country?” He adds that in his opinion, conservatives and liberals are “both fascists who are taking my money and building up corporate America with my welfare.” And Fox Business anchor David Asman advises his viewers to buy “tea party” merchandise. The push is successful: after the April 15 protests, many mainstream news outlets report that Fox News reports helped drive crowds to protests. CNN and Washington Post media critic Howard Kurtz will say, “I don’t think I’ve ever seen a news network throw its weight behind a protest like we are seeing in the past few weeks with Fox and these tea parties.” (Media Matters 9/11/2009)

The various “tea party” organizations around the nation (see After November 7, 2008, February 1, 2009, February 16-17, 2009, February 19, 2009, and February 19, 2009 and After) host rallies and protests throughout the day. The date has been chosen because April 15 is the day American citizens must submit individual income tax returns to the IRS; some tea party members say “tea” stands for “Taxed Enough Already?” The number of rallies is anywhere between 200 and 750, depending on who does the estimating; similarly, national attendance is later estimated at anywhere from 250,000 to 500,000. Some protests, such as the one in Atlanta, Georgia, draw thousands of participants and onlookers, whereas other rallies draw only a few people. A protest outside the White House is broken up by police when a demonstrator tosses a box of tea bags over the fence. This is the first time that a series of protests by tea party groups has been orchestrated on a national level. (Beth Rowen 2/9/2010) Fox News provides nationwide coverage, both on the national cable news channel and for local affiliates, promotes and markets the rallies, and provides blogs and forums for scheduling, outreach, and coordination (see April 6-13, 2009, April 13-15, 2009, and April 15, 2009). The network promotes the rallies as “FNC [Fox News Channel] Tax Day Tea Parties.”

Fox News anchor Megyn Kelly, interviewing Brent Bozell of the conservative media watchdog organization Media Research Center, lets slip an admission that her network provided public relations services to the “tea party” protests that took place yesterday (see April 15, 2009, April 15, 2009 and October 13, 2009). Kelly says: “You know, Brent, it’s been interesting because Fox News covered these tea parties, and we were one of the only organizations to give it any publicity or PR prior to the fact that it happened, and it was so under-covered by virtually every news organization. Why is that? Why was it so ignored up until the very last day by virtually everyone?” Talking Points Memo reporter Brian Beutler calls Kelly’s comment “a media version what some of us like to call a Kinsley gaffe”; such a “gaffe” is defined as an instance where a politician mistakenly tells the truth. (Beutler 4/16/2009) Steve Benen of the Washington Monthly notes: “Fox News is ostensibly a news outlet. Obviously, it’s not a legitimate journalistic enterprise, and equally obvious was the fact that it was doing ‘public relations’ work for the conservative rallies. But Megyn Kelly isn’t supposed to admit this on the air. As for the substance of her concerns about the legitimate news organizations, Kelly is no doubt convinced that there’s a nefarious media bias at play, but it’s at least possible major outlets didn’t have much pre-event coverage because there wasn’t that much, you know, news. Most mainstream outlets didn’t feel the need to do ‘p.r.’ work for enraged partisans in advance of their protests. That’s probably a good thing.” (Benen 4/16/2009)

The Senate Finance Committee, chaired by Senator Max Baucus (D-MT), holds a series of hearings about health care reform, on April 21, May 5, and May 12. In all, 41 experts testify, but none of them advocate the so-called “single-payer” form of health care, a system which essentially has the government providing health care insurance instead of private insurers—“Medicare for all Americans,” as some characterize it. (Brown 5/5/2009; Single Payer Action 5/21/2009) The experts are from organizations like America’s Health Insurance Plans (AHIP), the health industry’s largest lobbying firm, and health insurers Blue Cross and Aetna. Some of the invited organizations employ former Baucus staff members. (Taibbi 9/3/2009) Baucus says that single-payer is “off the table,” and will not be considered. (TPM Cafe 5/5/2009)
Health Industry Heavy Donors to Baucus - The nonpartisan organization Consumer Watchdog has reported that Baucus, one of the Senate’s most important architects of Congressional health reform, has accepted more campaign contributions from the health insurance and pharmaceutical corporations than any other current Democratic member of the House or Senate. During the last two election cycles, he received $183,750 from health insurance companies and $229,020 from drug companies. (Single Payer Action 5/21/2009)
Protesters Disrupt Hearings - Protesters disrupt the hearings by standing up and shouting criticisms of the committee over its failure to bring single-payer into the discussion. Eight protesters are led out of the hearing room and later arrested. At one point, Baucus asks for more police officers to enforce security. The protests are organized by Healthcare Now, Physicians for a National Health Program, and Single Payer Action, all of whom support a single-payer, government-run health care system. One protester calls the hearings nothing more than “political theater.” For his part, Baucus assures the audience, “I want you to know I care deeply about your views.” (Brown 5/5/2009) The eight protesters spend around seven hours in jail. One, Dr. Margaret Flowers, later recalls: “It’s funny, the policemen were all telling us their horror stories about health care. One was telling us about his mother who was 62 and lost her job and was uninsured, waiting to get Medicare when she was 65.” The protesters are sentenced to six months’ probation. Baucus later admits that not allowing single-payer advocates to participate in the hearings was a mistake; he will eventually agree to meet with a group of those advocates (see June 3, 2009).
Single-Payer Never Considered - In September, Rolling Stone reporter Matt Taibbi will note that Baucus, like President Obama and other prominent Democrats, has supported single-payer insurance in theory, but asserts such a proposal would never get through Congress. Journalist Russell Mokhiber, who advocates for single-payer as a member of Single Payer Action, later says that the Obama administration and Congressional Democrats made an agreement with health industry leaders months before considering legislation for health care reform that single-payer would not be part of their proposals. In return, Mokhiber will say, they asked the industry not to oppose their reform efforts, a request that the industry has generally not honored. (Taibbi 9/3/2009)

Chyron displayed during Fox News broadcast touting Republican ‘watchdog’ efforts on Democratic spending.Chyron displayed during Fox News broadcast touting Republican ‘watchdog’ efforts on Democratic spending. [Source: Media Matters]Fox News anchor Bill Hemmer tells his viewers that Fox is “keeping up” with four “interesting” projects reportedly funded by the economic stimulus act. Hemmer says that the research on the projects was done by Fox News itself. He does not tell viewers that the research, and the text and graphics displayed on-screen during his report, come directly from the Web site of Eric Cantor (R-VA), the Republican House Minority Whip. Cantor’s site lists 12 so-called “wasteful spending” projects funded by the recovery act. The four cited by Hemmer are from a section of Cantor’s site called “Washington Watch Report,” which calls itself “your one stop shop to learn about examples of government waste that have been uncovered by House Republicans.” The four projects include a skate park in Pawtucket, Rhode Island; an “art walk” in Rochester, New York; funding for a homeless project in Union, New York; and a transportation study in Ohio. Hemmer and guest Representative Mike Pence (R-IN) list each project and then criticize it. During the segment, Pence twice promotes Cantor’s Web site, and concludes by saying: “I commend you all. I commend my colleagues and the Republicans’ whip’s office with the Washington Watch Web site. People can go online and read more of these—we’re finding more everyday.” During Pence’s concluding statement, Fox News displays a “chyron” at the bottom of the screen that reads, “GOP Watchdog Exposes Wasteful State Spending of Gov’t Money” (see October 13, 2009). (Media Matters 4/23/2009)

Fox News legal analyst Andrew Napolitano, a former federal judge and a guest on Fox News host Glenn Beck’s broadcast, says: “How about floating a constitutional amendment amongst the states? Let’s rescind the 16th Amendment. That’s the income tax. If 25, 30 states start thinking about it and talking about it seriously, the Congress will take note because they will be scared to death it will starve them out of existence. And they won’t be able to regulate progressively or retrogressively how we live.” (Media Matters 9/7/2010) The 16th Amendment allows Congress to collect income taxes. It was passed by Congress and submitted to the states in 1909 and ratified in 1913, both under President William Howard Taft. Recently, far-right Republicans (see 1951-1967, 1970-1972, 1976-1978, Early 1980s, and 1985) and tea party activists have begun calling for its repeal, joined by some members of Congress (see April 28, 1999). (Media Matters 9/7/2010; Legal Information Institute 2011)

Fox News correspondent Molly Henneberg, during a broadcast of Fox’s “straight news” show America’s Newsroom, repeats the false claim made by religious groups that the Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA) would allow individuals or groups to “be prosecuted for their religious beliefs.” Some conservative religious groups have claimed that, under the proposed legislation, they could be, in Henneberg’s words, “prosecuted for their religious beliefs if they believe that homosexuality is a sin, that it could gag ministers who preach that, or even if a church may not want to marry a gay couple. There is concern that they could face lawsuits as well.” Henneberg fails to report that Section 8 of the bill says: “Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the Constitution,” and the First Amendment to the Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The House Judiciary Committee’s report on the bill clearly states, “Nothing in this legislation would prohibit the constitutionally protected expression of one’s religious beliefs.” Henneberg does not report the committee’s finding. Later in the broadcast, anchor Bill Hemmer notes that supporters claim “there’s nothing in this law that will stymie the free expression of any religion” (see October 13, 2009). (Media Matters 4/29/2009)

Conservative columnist and political activist Jonathan Moseley writes an article for his blog US News and Views that asserts President Obama is, and always has been, a “closet Muslim.” This assertion has been made numerous times by conservative opponents of Obama, and has been thoroughly debunked (see October 1, 2007, December 19, 2007, Before October 27, 2008, January 11, 2008, Around March 19, 2008, and April 18, 2008). Moseley accuses the national news media of “acting as the palace guard for ‘Dear Leader’ Barack Obama” and refusing to report what he calls “the truth” of Obama’s “secret Muslim” beliefs. Apparently, Moseley’s primary evidence is a February 2007 interview with New York Times columnist Nicholas Kristof, where Obama recited the Muslim call to prayer and called it “one of the prettiest sounds on earth at sunset.” Moseley calls the Muslim call to prayer “screeching,” and says no one who listened to it would believe it to be beautiful “without enormous indoctrination into Islam.” Obama says he learned the call to prayer as a child, when he attended school in Indonesia. According to Moseley, the recitation of the call to prayer “makes one a Muslim. The words express a Muslim’s complete acceptance of, and total commitment to, the message of Islam.… Having attended Islamic religion classes, Obama knows this.” Moseley also cites as “evidence” a false claim that in April 2009, Obama demanded that “Georgetown University cover up the name of Jesus in a campus hall before” he would give a speech there. And, he says, at a recent economic summit, Obama “bowed reverently to Saudi Arabia’s King Abdullah,” but did not bow to Queen Elizabeth of England; Mosely writes that “a Muslim would instinctively give reverence to” the king of Saudi Arabia, but would not bow to the Queen of England, who, he writes, “is technically the head of the Church of England. Obama did not bow to the royal queen who is guardian of the world’s first and oldest Protestant Christian Church.” Moseley incorrectly calls Queen Elizabeth a “head of state” equal to the king of Saudi Arabia; in reality, Elizabeth is queen in title only, with the real head of the British government being the prime minister. Moseley states falsely that Obama “was raised as a Muslim,” citing the fact that his biological father was Muslim as well as his stepfather Lolo Soetoro (see October 28, 2008), and falsely states that Obama’s stepfather enrolled him in school under the name “Barry Soetoro” (see June 27, 2008, August 21-24, 2008, and Shortly Before June 28, 2010). Moseley even claims: “Since Obama changed his name back from Barry Sotero [an alternate spelling of ‘Soetoro’], he could have legally removed [his middle name] ‘Hussein’ in the process had he wished to. He did not.” This, Moseley claims, is further proof of Obama’s Muslim status. Moseley says that Obama has been masquerading as a Christian for over 20 years, ever since his “profess[ed]” conversion to Christianity at Trinity United Church of Christ in Chicago (see January 6-11, 2008), but dismisses Trinity United as “little more than a left-wing political club” and not a real church. And, Moseley says, Obama incorrectly claimed he had been to “57 states” on the presidential campaign trail, and cites this as evidence of Obama’s “closet Muslim” status, noting that there are 57 “states” in the Organization of Islamic Conference. “So the number of Islamic OIC states appears to have sprung more readily to Obama’s mind than the 50 states of the USA,” he writes. (Jonathan Moseley 4/29/2009; The British Monarchy 2011) Obama said after that statement that he had misstated both the number of states and the number of victims of a cyclone in Myanmar in that speech, and blamed fatigue for his misstatement; there are also less than 57 members in the OIC. (Snopes (.com) 7/1/2009) Moseley will later become a senior campaign aide to Christine O’Donnell (R-DE) in her unsuccessful bid for the Senate (see September 13, 2010); O’Donnell’s campaign will assert that Obama is a Muslim, and both O’Donnell and Moseley will assert that Obama, like other Democrats, is a secret Communist. (Mother Jones 9/20/2010)

Marcus Epstein.Marcus Epstein. [Source: Pensito Review]Marcus Epstein, a “nativist” leader with close ties to numerous racist and white supremacist organizations (see October 8, 2007 and January 31, 2009), pleads guilty to assaulting an African-American woman both physically and verbally. According to court documents, on the evening of July 7, 2007, an intoxicated Epstein was walking down a Washington, DC, street and making apparently random racial imprecations. When he saw the woman in question, he called her a “n_gger” and “delivered a karate chop” to her head. He was briefly detained by the woman’s husband but managed to break away and flee. Within minutes Epstein was taken into custody by a Secret Service officer who witnessed the incident. Epstein pleads guilty to simple assault. He faces a maximum punishment of 180 days in jail and a $1,000 fine. He is bound by a restraining order to stay away from the couple, has agreed to seek mental health treatment, complete an alcohol treatment program, write an apology to the victim, and donate $1,000 to the United Negro College Fund. Epstein consistently denies being a racist, though he writes for the overtly racist VDare.com Web site, attends racist conferences, and heads a discussion group, the Robert A. Taft Club, that regularly hosts racists as guest speakers. Epstein, who is of Korean and Jewish ancestry, has become something of a “star” in some conservative circles, particularly among groups interested in hindering or stopping immigration into America. Epstein is executive director of The American Cause, a white nationalist group headed by MSNBC commentator Pat Buchanan. He also serves as executive director of Team America PAC, a political action committee run by Buchanan’s sister Bay Buchanan and founded by former Representative Tom Tancredo (R-CO), an outspoken opponent of immigration. He is a leader of Youth for Western Civilization (YWC), a group dedicated to launching a right-wing youth movement at university campuses around the nation, and which was prominently featured at February’s Conservative Political Action Conference (CPAC). Some of Epstein’s colleagues do not denounce him for his crime. Bay Buchanan merely calls the incident “out of character” for Epstein and explains that he was struggling with personal issues at the time of the assault. She adds, however, that he will soon be leaving Team America PAC. Tancredo dismisses the incident entirely, blaming the news coverage on the fact that a Hispanic, Sonia Sotomayor, has been nominated to the Supreme Court (see May 28, 2009). (Southern Poverty Law Center 10/8/2007; One People's Project 5/19/2009; Riley 6/2/2009; Holthouse 6/3/2009) On his Web site, Epstein will claim that he has been admitted to the University of Virginia School of Law for the fall 2009 term, and thusly “will more or less suspend my political activities.” However, the law school will deny admitting Epstein, and will write that it does “not expect him to be an enrolled student in the future.” (DC Indymedia 5/27/2009)

From left to right: Brandon Piekarsky, Colin Walsh, and Derrick Donchak.From left to right: Brandon Piekarsky, Colin Walsh, and Derrick Donchak. [Source: Moral Low Ground (.com)]Two Pennsylvania teenagers who beat an illegal immigrant to death (see July 12, 2008 and After) are found not guilty of the major crimes they were alleged to have committed. The all-white jury in Shenandoah, Pennsylvania, finds Brandon Piekarsky and Derrick Donchak guilty of simple assault against Luis Ramirez. Piekarsky is found innocent of third-degree murder; both are found innocent of ethnic intimidation. Friends and relatives of the two teenagers have to be restrained by court officers when they attempt to rush the defense table to congratulate the two defendants. Gladys Limon, a lawyer for the Mexican American Legal Defense and Education Fund, calls the jury’s verdicts “a complete failure of justice.” She adds, “It’s just outrageous and very difficult to understand how any juror could have had reasonable doubt.” Piekarsky and Donchak may face federal charges over the murder of Ramirez. Prosecutors said they were two of a group of four drunken teenagers who targeted Ramirez because of his race, and beat him to death while screaming racial epithets. Piekarsky delivered the fatal blow, a kick to the head. Ramirez died of the injury two days later. Defense lawyers called Ramirez the aggressor, and called the incident a street brawl that ended badly. Jury foreman Eric Macklin says the evidence led them to acquit Piekarsky and Donchak of all but the most minor charges. “I feel bad for Luis’s friends and family,” Macklin says. “I know they feel they haven’t gotten justice.” Neither Piekarsky nor Donchak will serve more than two years in prison. Another assailant, Colin Walsh, who actually knocked Ramirez unconscious before Piekarsky began stomping him, pled guilty to a charge of violating Ramirez’s civil rights, earning four years in prison; Walsh testified for the prosecution. A fourth assailant, Brian Scully, is charged in juvenile court with aggravated assault and ethnic intimidation (see May 18, 2009). (Grinberg 5/2/2009; Rubinkam 5/4/2009; Martinez 5/19/2009)
Hispanic Residents Say Verdict Encourages More Racial Intimidation - Shenandoah residents say after the verdict that other white teenagers apparently feel empowered by the verdict, and have issued threats against other Hispanic residents. One, high school student Felix Bermejo, is told by a group of white males that he will be the next one to be beaten to death. Residents who have spoken out against the murder are harassed and threatened. One white resident, who asks that her name not be used for fear of retaliation, tells a reporter: “It’s only gotten worse since the verdict. The whole thing has set us backwards, and if the trial had swung the other way, it would have just been the whites who were angry.” Some white residents say that the only racial tensions in Shenandoah are those sparked by the national media coverage, but some Hispanic residents say differently. Fermin Bermejo, the father of the threatened Felix Bermejo, tells a reporter, “This town is a place where people can be very kind, but there are also a lot of folks who don’t like change and they don’t like people who are different, and they make sure you know it.” The Bermejos are American citizens. Fermin Bermejo says he has tried repeatedly to get school authorities to intervene in what he calls the bullying of his son; instead, his son has been suspended for standing up to the white youths. “All we were asking the principal to do is talk to the bullies and tell them that if the accusations were true, they would be in serious trouble,” Bermejo says. Other Hispanic residents tell of being targeted by ethnic slurs and criticized for speaking Spanish in public. One Hispanic shopkeeper says his store’s front window was shattered by vandals after the verdict. (Urbina 5/16/2009)
Federal Investigation Mounted - After the verdict, Governor Ed Rendell (D-PA) calls the verdict racially motivated, and calls for a Justice Department investigation. In a letter to Attorney General Eric Holder, Rendell writes: “The evidence suggests that Mr. Ramirez was targeted, beaten, and killed because he was Mexican. Such lawlessness and violence hurts not only the victim of the attack, but also our towns and communities that are torn apart by such bigotry and intolerance.” After an FBI investigation, federal charges will be filed against Piekarsky, Donchak, and three local police officers (see December 15, 2009). (CNN 12/15/2009)

New Republic legal correspondent Jeffrey Rosen, a law professor at George Washington University, writes an analysis of appeals court judge Sonia Sotomayor, considered by many to be a leading candidate to replace retiring Justice David Souter on the Supreme Court.
Rose from Poverty to Consideration for High Court - Rosen gives a brief biographical sketch of Sotomayor, whom he labels as a “compelling” candidate both for her legal accomplishments and her life story. Sotomayor is the daughter of poor Puerto Rican immigrants, grew up in the South Bronx, and graduated with high academic honors from Princeton and Yale. She has served as a prosecutor, a corporate litigator, and a judge. If nominated and confirmed, Sotomayor would be the Court’s first Hispanic member and only its third female member. She has the support of both New York senators, Democrats Charles Schumer and Kirsten Gillibrand.
Conflicting Opinions Largely from Anonymous Sources - Rosen notes that her former clerks praise her as “demanding but thoughtful” and “commit[ted] to legal fairness,” a “rule-bound pragmatist—very geared toward determining what the right answer is and what the law dictates, but her general approach is, unsurprisingly, influenced by her unique background.” Rosen quotes several anonymous sources—“nearly all… former law clerks… or former federal prosecutors in New York”—who, he says, question “her temperament, her judicial craftsmanship, and most of all, her ability to provide an intellectual counterweight to the conservative justices, as well as a clear liberal alternative.” According to one former law clerk, Sotomayor is “not that smart and kind of a bully on the bench,” egotistical, and “domineering.” In contrast, one of his named sources, fellow Second Circuit appeals court judge Jose Cabranes, said of her, “She is not intimidated or overwhelmed by the eminence or power or prestige of any party, or indeed of the media.” Anonymous sources tell Rosen that Sotomayor is more apt to quibble with a colleague’s grammar and syntax rather than the focus of their legal arguments. Another former clerk praises Sotomayor for being tough-minded and “impressive.” Rosen admits that he has not read enough of Sotomayor’s opinions “to have a confident sense of them,” nor has he “talked to enough of Sotomayor’s detractors and supporters, to get a fully balanced picture of her strengths. It’s possible that the former clerks and former prosecutors I talked to have an incomplete picture of her abilities. But they’re not motivated by sour grapes or by ideological disagreement—they’d like the most intellectually powerful and politically effective liberal justice possible. And they think that Sotomayor, although personally and professionally impressive, may not meet that demanding standard.” Rosen concludes that President Obama would be taking an unnecessary “gamble” by nominating her to the high court. (Rosen 5/4/2009)
Repercussions of Analysis - Rosen’s column triggers several demeaning characterizations of Sotomayor in the conservative press (see May 4, 2009 and May 5, 2009), characterizations that will intensify when she is nominated for the Court (see May 26, 2009). His use of anonymous sources to base his negative coverage will be repudiated by a number of critics (see May 5, 2009).

Columnist Marc Ambinder joins in the wave of conservative criticism against prospective Supreme Court nominee Sonia Sotomayor (see May 4, 2009) triggered by an analysis in the New Republic (see May 4, 2009). Ambinder warns the Obama administration not to choose Sotomayor simply because some liberals and Hispanics want her on the bench, calls her “solid if unspectacular,” and writes, “And the respectable intellectual center… is beginning to have doubts.” Ambinder does not note who, exactly, makes up the “intellectual center” he cites. (Ambinder 5/5/2009) Nation columnist Chris Hayes retorts: “One gossipy article from Jeff Rosen means ‘the respectable intellectual center… is beginning to have doubts.’ Really?” (Greenwald 5/5/2009) Less than a month later, Sotomayor will be nominated to the Court (see May 26, 2009).

Atlantic columnist Ta-Nehisi Coates lambasts law professor Jeffrey Rosen for his recent analysis of prospective Supreme Court nominee Sonia Sotomayor (see May 4, 2009). Citing Rosen’s line, “I haven’t read enough of Sotomayor’s opinions to have a confident sense of them, nor have I talked to enough of Sotomayor’s detractors and supporters, to get a fully balanced picture of her strengths,” Coates responds: “Rosen is attacking Sotomayor’s ability to do the necessary intellectual heavy-lifting, while explicitly neglecting to do any of his own. In this instance, his piece reads like a burglar’s brief against rampant criminality. Authored mid-robbery, no less.” She also slams her Atlantic colleague Marc Ambinder’s criticisms of Sotomayor (see May 5, 2009), noting, “You don’t get to be the ‘respectable intellectual center’ and then practice your craft in the gossip-laden, ignorant muck.” (Coates 5/5/2009) Former civil litigator Glenn Greenwald joins Coates in criticizing the early attacks on Sotomayor. Greenwald calls Rosen’s reliance on anonymous sources to attack Sotomayor’s character and professional conduct “shoddy, irresponsible, and… intellectually irresponsible,” and cites several instances where Rosen’s reporting has been countered by sources willing to go on the record. Greenwald writes of his amazement at how quickly Sotomayor has been “transformed in conventional wisdom, largely as a result of Rosen’s piece, into a stupid, shrill, out-of-her-depth Puerto Rican woman who is being considered for the Supreme Court solely due to anti-merit, affirmative action reasons.” Greenwald writes that he twice faced Sotomayor in court, and found her “extremely perceptive, smart, shrewd, and intellectually insightful.” She could be forceful, “at times unpleasantly so,” he recalls, and remembers being dressed down by her for a “substantial procedural mistake” he committed, but notes that such behavior by judges “is the opposite of uncommon.” Greenwald writes that behavior usually characterized as “tough,” “forceful,” and “authoritative” by white males is often reworked into characterizations of “domineering” and “egotistical” when the same behaviors are exhibited by women. Greenwald also notes that Rosen was one of the strongest media voices in favor of the nomination of conservative jurist John Roberts (see September 29, 2005) to the Court. (Greenwald 5/5/2009) Less than a month later, Sotomayor will be nominated to the Court (see May 26, 2009).

Fox News chyron accusing Democrats of voting to protect pedophiles but not veterans.Fox News chyron accusing Democrats of voting to protect pedophiles but not veterans. [Source: Media Matters]Several Fox News anchors and commentators, along with the Fox News Web site, falsely claim that House Democrats tried to “protect” or “defend” pedophiles by voting against an amendment to the Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA). The legislation defines as a federal crime specific acts of violence or attempted violence “because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person.” The amendment, advanced by Representative Steve King (R-IA), stated that “the term ‘sexual orientation’ shall not include pedophilia.” Representative Tammy Baldwin (D-WI) noted that federal statutes already exclude pedophilia from the definition of “sexual orientation,” and called King’s amendment “unnecessary and… inflammatory in terms of insinuations.” Fox News anchor Bill Hemmer, commentator Sean Hannity, and Fox Nation now characterize the Democrats’ successful opposition to King’s amendment as an attempt to “protect” or “defend” pedophiles. All three claim that Democrats defended pedophiles while refusing to defend veterans.
Hannity: 'Special Category for Pedophiles' - Hannity tells his viewers, “Democrats just voted to extend special legal protections to pedophiles.” He also falsely claims that the Democrats inserted a “special category for pedophiles” in the legislation. Interviewing King, Hannity says: “I want to be perfectly clear. So hate—we have a hate crimes bill, and you’re saying, all right, we should exempt pedophiles. Every Democrat says no.” King calls Hannity’s characterization “absolutely right,” and says that “on the top of that, the amendment that I offered to exempt pedophiles from a special protected status was after Tammy Baldwin, one of the lead sponsors on the bill, had argued that the sexual orientation, special protective status in the bill, only covered heterosexuals and homosexuals, so that doesn’t include a pedophile. But she opposed the amendment anyway, as did all the Democrats, as you just showed tonight.” Later, Hannity asks King, “Is it safe to say that Democrats were willing to protect pedophiles?” and King replies: “Sean, it is a matter of Congressional record. Absolutely true—beyond any doubt whatsoever.” Hannity and King then claim that Democrats refused to support another section that would create “special protection” for veterans returning from Iraq and Afghanistan. King calls the Democrats’ actions furtherance of the “agenda… of the homosexual activists.”
Hemmer: Protecting Pedophiles, Not Veterans - Fox’s “non-partisan” newscast, America’s Newsroom, runs an on-screen “chyron” that claims, “House Dems vote to protect pedophiles, but not veterans.” Anchor Bill Hemmer tells viewers that Democrats “voted to give special protection to pedophiles” (see October 13, 2009).
Fox Nation: Defending Pedophiles over Veterans - Fox Nation, which claims to be free of bias, runs a headline saying, “House Democrats Defend Pedophiles Over Veterans.” (Media Matters 5/6/2009)

Fox News legal analyst Andrew Napolitano, a former federal judge and a guest on Fox News host Glenn Beck’s broadcast, advocates repealing the 16th Amendment, something he has done previously on Beck’s show (see April 28, 2009). Beck asks about “this solution that you and I have talked about on a constitutional amendment, or a threat of a constitutional amendment.” Napolitano replies: “If two-thirds of the states ask the Congress to call a constitutional convention to consider the adoption of this amendment, which I’ll describe in a moment, as it gets closer and closer to the two-thirds necessary and Congress would be required to call the convention, you’ll see some reaction on the part of Congress to attempt to placate the states that want to call this. Now, the constitutional amendment is a simple one. It simply abolishes the 16th Amendment and states affirmatively that Congress shall have no power to tax the personal incomes of individual persons. If that were enacted, it would starve the federal government back into the original footprint that the founders intended for it. But as it gets closer to enactment, Congress will have to do something for fear that it might be enacted.” (Glenn Beck 5/6/2009; Media Matters 9/7/2010) The 16th Amendment allows Congress to collect income taxes. It was passed by Congress and submitted to the states in 1909 and ratified in 1913, both under President William Howard Taft. Recently, far-right Republicans (see 1951-1967, 1970-1972, 1976-1978, Early 1980s, and 1985) and tea party activists have begun calling for its repeal, joined by some members of Congress (see April 28, 1999). (Media Matters 9/7/2010; Legal Information Institute 2011)

A photo from Glenn Beck’s ‘The Civilest War’ broadcast on Fox News. Beck is at far left.A photo from Glenn Beck’s ‘The Civilest War’ broadcast on Fox News. Beck is at far left. [Source: Fox News]Fox News talk show host Glenn Beck writes an article for Fox News promoting his upcoming special program The Civilest War, which he says is an expose of the “tyranny” of the Federal Reserve over the American economy. Beck compares the program to the popular science fiction movie The Matrix, explaining that in the movie: “Nothing was real, the world people lived in was a fabrication—a computer program. Our lives have been like that movie and it is not about Barack Obama. It’s about Obama and [George W.] Bush and [Bill] Clinton and [George H. W.] Bush. It has been going on for years, it is just a play and it goes back to the progressive movement—on both sides of the aisle. In the movie the hero is offered two pills: red to learn the truth about the Matrix; blue to go on living blissfully ignorant to what is really going on. The way to take our country back will short-circuit the Matrix we are living in. And it has to do with gun rights, state’s rights, and what I call the civilest war. It is too much to get into now—but next week take the ‘red pill’ and get the truth.” The hour-long program begins with an adaptation of the famous poem by Martin Niemoller, rewritten by Beck as follows: “I think this is the problem. First they came for the banks. I wasn’t a banker, I didn’t really care. I didn’t stand up and say anything. Then they came for the AIG executives. Then they came for the car companies. Until it gets down to you. Most people don’t see—they are coming for you at some point! You’re on the list! Everybody’s on the list. You may not be rich—as currently defined.” The show features a Utah Republican legislator accusing the federal government of imposing “tyranny” on the citizenry, neo-Confederate historian Kevin Gutzman who gives a very different explanation of the meaning of “constitutional” liberties that would abolish suffrage for women and rights for minorities, and a Montana militia member, Gary Marbut, who concludes that the most sacred rights of the US citizen are to keep and bear arms. (Fox News 5/2009; Beck 5/8/2009; Neiwert 5/15/2009) Author David Neiwert, an expert on right-wing extremism, notes that the ideas Beck is promoting in The Civilest War are identical to those promulgated by far-right “Patriot” and militia movements in the 1990s, including the idea of absolute “state sovereignty” (see 1983-1995). The ultimate idea behind Beck’s proposals, Neiwert writes, is the dissolution of the federal government and the transformation of the United States into 50 independent and disparate national entities. One of the earliest proponents of Beck’s ideas, Neiwert writes, was former Colorado state legislator Charles Duke (R-CO—see May 15-21, 1996), who still has deep ties to militia and anti-government organizations in the Western states. (Neiwert 5/15/2009; Neiwert 5/15/2009)

On his radio show, conservative host Glenn Beck warns that the Democrats’ “socialistic” health care reform proposal will lead to “eugenics” as envisioned by leaders of the Nazi Third Reich. Beck tells his listeners that the reform package will not only result in senior citizens being forced to die before their time in order to save on medical costs (see November 23, 2008, January 27, 2009, February 9, 2009, February 11, 2009, and February 18, 2009), but also says: “This is Nazi Germany stuff. This is the kind of stuff that is progressive in its nature. It is eugenics. It is survival of the fittest. It is the reason why the abortion argument makes so much difference. You can’t devalue life at either end because these people are waiting to swoop in and say it’s just not worth doing these things. Don’t waste the money on old people. They’re not going to live long anyway. Spend it on someone who meets the requirements of our cost-benefit analysis. So old people, thanks for all the contributions you made to society during your better years but now we’re sorry to say it’s time to send you to a better place, heaven.” (Glenn Beck 5/13/2009)

Fox News’s Web site, Fox Nation, features a banner advertisement for May 14’s ‘Tea Party 2.0’ events.Fox News’s Web site, Fox Nation, features a banner advertisement for May 14’s ‘Tea Party 2.0’ events. [Source: Media Matters]As it did with the April 15 “tea parties” (see April 15, 2009), Fox News actively promotes the May 14 anti-tax “tea party” protests scheduled to take place at venues around the country. The protests, dubbed “Tea Party 2.0,” are a major portion of Fox’s coverage before and during the May 14 events. On May 13, Fox News host Greta Van Susteren hosts one of the events’ highest-profile organizers, Governor Mark Sanford (R-SC), speaking on behalf of the Republican Governors Association (RGA), one of the hosts of the events. “If you wanted to go to a tea party on April 15 but could not make it or there was none in your hometown, tomorrow’s your big chance,” she says. She also asks Sanford if viewers can log on to a Web site for more information, and asks for a phone number for more information. During the interview, Fox News shows an on-screen text crawl that reads, “To sign up for Tea Party 2.0 go to: www.thegopcomeback.com” (see October 13, 2009). (Media Matters 5/14/2009; Media Matters 5/15/2009)

One of the billboards erected by WorldNetDaily.One of the billboards erected by WorldNetDaily. [Source: WorldNetDaily]The conservative news blog WorldNetDaily (WND), which has been at the forefront of the “birther” movement challenging President Obama’s citizenship (see August 1, 2008 and After, October 21, 2008, October 24, 2008, November 12, 2008 and After, and December 5, 2008), begins erecting billboards asking “Where’s the Birth Certificate?” Joseph Farah, editor and chief executive officer of WND, calls the billboard initiative “the truth and transparency campaign.” The first, a digital electronic billboard, is displayed along Highway 165 in Ball, Louisiana, and two more standard billboards are being prepared for display in Los Angeles and Pennsylvania. Farah says the “national [billboard] campaign is going to be big and long-lasting,” and uses WND to solicit donations for more billboards. Farah says he and the WND staff deliberately chose not to name Obama in the billboards: “There are several reasons we chose the message, ‘Where’s the birth certificate?’ There is only one birth certificate controversy in this country today—despite the near-total absence of this issue from coverage in the non-WND media. This is a grass-roots issue that resonates around the country, as our own online petition with nearly 400,000 signers suggests. In addition, I like the simplicity of the message. I like the fact that the message will cause some people to ask themselves or others about the meaning of the message. It will stir curiosity. It will create a buzz. I’m assuming when these billboards are springing up all over the country, it might even make some in the news media curious. And there’s one more factor that persuaded me this was the way to go. Come 2012, campaign laws will pose restrictions on political advertising mentioning the names of presidential candidates. This one clearly doesn’t. I would like to see the federal government make the case that this is somehow a political ad.” Farah blames “timid elected officials in Washington, corrupt judges around the country, and a news media that show a stunning lack of curiosity about the most basic facts of Obama’s background—especially how it relates to constitutional eligibility for the highest office in the land” for failing to investigate the “birther” controversy. Obama released his birth certificate in 2008 (see June 13, 2008), and since then it has been validated by multiple governmental and independent sources (see June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). Farah, however, is not convinced, and believes the birth certificate “controversy” is part of a larger, sinister scheme by the Obama administration: “As Obama transforms this country from self-governing constitutional republic to one governed by a central ruling elite, the simple fact remains that no controlling legal authority has established that he is indeed a ‘natural born citizen’ as the Constitution requires,” he says. “Obama’s promises of transparency have become a bad joke as he continues to hide simple, innocuous documents like his birth certificate and his student records.” Farah says WND is operating as an “independent watchdog on government” by launching the billboard campaign, and not acting as a partisan organization. “I wish such a campaign were not absolutely necessary,” he says. “I wish there were checks and balances in our political and electoral systems to ensure that constitutional eligibility of presidential candidates was established before politicians could assume the highest office in the land. I wish my colleagues in the news media believed the Constitution really means what it says and pressed this issue as hard as we have pressed it at WND. I wish radio talk show hosts were bold enough to ask this question. But wishing is not enough. It’s time to raise the visibility of this issue vital to the rule of law in America. I ask everyone to pitch in and help WND make a simple yet profound statement: The Constitution still matters.” (WorldNetDaily 5/20/2009) In November 2010, WND will erect a “birth certificate” billboard along Highway 93 near Kingman, Arizona, the small town in which Oklahoma City bomber Timothy McVeigh planned the destruction of the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Other billboards will be erected in Pennsylvania, Texas, Alabama, and Delaware. (WorldNetDaily 11/8/2010)

Conservative groups run attack ads and public relations campaigns against three of President Obama’s prospective nominees to replace retiring Supreme Court Justice David Souter, even though Obama has not yet named a replacement. The three being targeted for attack are Judge Diane Wood of the Seventh Court of Appeals, US Solicitor General Elena Kagan, and Judge Sonia Sotomayor of the Second Court of Appeals, who will eventually get the nod (see May 26, 2009). Progressive groups counter the attacks with their own ads and blog campaigns. Wood is targeted as too pro-abortion, Kagan has come under fire for not being supportive enough of the military, and in Sotomayor’s court, one ad says, “the content of your character is not as important as the color of your skin.” Tom Goldstein, who runs the influential SCOTUSblog, a non-partisan website focusing on Supreme Court issues, says: “I think that the Internet and blogs have been great in terms of being able to distribute information easily. The downside is that there is an equal leveling effect in which totally idiotic wing nuts can go off—that’s true on both the far left and far right.… So it contributes to good people being torn apart for no reason.” Gary Marx of the Judicial Confirmation Network, a conservative group that assembled the attack ads, says the spots are an attempt to properly “frame the issue.” Law professor Jonathan Adler says the ads are more about fundraising than any real attempt to derail whichever nominee Obama selects. “If you are a conservative group and you want more Republicans in the Senate, then you really harp on this issue.” Adler says the nomination process for Supreme Court choices has been locked in a “downward spiral” for more than 20 years. “I think we’re talking about the wrong things,” he says. “It can have negative effects on the judiciary. And it could steer people away from the court who are easy to demonize.” The ultimate result, he says, “is a worse judiciary and a tainted confirmation process.” Former Bush administration lawyer Bradford Berenson blames the Obama administration for the preemptive attacks, citing the White House’s choice to conduct what he calls a “lengthy, semipublic deliberation” over the nomination. That “virtually guarantees that the interest groups will mount attacks and exert both public and private pressure in an effort to influence the selection,” he says. “In some ways, that is the point of proceeding in this way—to get a feel for the strength and type of opposition particular candidates will face.” (Oliphant 5/21/2009)

Tom Tancredo (R-CA), a former House member and 2008 presidential candidate known for his radical isolationism and anti-immigrant views (see September 9, 2006), tells MSNBC host Ed Schultz that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) is a racist. Tancredo uses a statement from 2001 that seems to suggest Sotomayor believes Latinas (Hispanic women) make better rulings than white males (see October 26, 2001) to launch his attack. “I’m telling you she appears to be a racist,” Tancredo says. “She said things that are racist in any other context. That’s exactly how we would portray it and there’s no one who would get on the Supreme Court saying a thing like that except for a Hispanic woman and you’re going to say it doesn’t matter. Well, man. Where are you coming from? How can you possibly say that? There’s plenty of stuff.” Another guest, liberal columnist Bill Press, says that Sotomayor will get no “special protection” because of her race and gender, to which Tancredo scoffs, “Oh, jeez.” Responding to Press’s reiteration of Sotomayor’s extensive judicial background, Tancredo says: “You can still be a racist and have all of those things in your background. You can be a racist and have all of that stuff in your background. One does not preclude the other.” Schultz asks his third guest, reporter Mike Allen, if he would “check out to see if she had some racist comments?” Allen responds, “No,” to which Tancredo says: “You won’t do it? You won’t check it out? There you go.… They won’t even check it out.” Tancredo also calls Sotomayor a “radical” and in the same sentence admits he knows nothing of her judicial record. Allen says of Tancredo’s remarks, “Ed, we’re getting a preview here of a lot of phony outrage, theatrics, posturing.” (MSNBC 5/26/2009)

The conservative National Review lambasts Supreme Court nominee Sonia Sotomayor (see May 26, 2009) for being a “liberal judicial activist of the first order who thinks her own personal political agenda is more important that the law as written.” The Review’s Wendy Long writes: “She thinks that judges should dictate policy, and that one’s sex, race, and ethnicity ought to affect the decisions one renders from the bench (see October 26, 2001). She reads racial preferences and quotas into the Constitution, even to the point of dishonoring those who preserve our public safety. On September 11, America saw firsthand the vital role of America’s firefighters in protecting our citizens. They put their lives on the line for her and the other citizens of New York and the nation. But Judge Sotomayor would sacrifice their claims to fair treatment in employment promotions to racial preferences and quotas. The Supreme Court is now reviewing that decision. She has an extremely high rate of her decisions being reversed, indicating that she is far more of a liberal activist than even the current liberal activist Supreme Court.” (Long 5/26/2009)

Echoing and repeating his calls for President Obama to “fail” (see January 16, 2009), conservative radio host Rush Limbaugh, in a diatribe against Supreme Court nominee Sonia Sotomayor (see May 26, 2009), says he wants her to fail as well. “Do I want her to fail? Yeah,” he says. “Do I want her to fail to get on the court? Yes! She’d be a disaster on the court. Do I still want Obama to fail as president? Yeah. AP [Associated Press], you getting this? He’s going to fail anyway, but the sooner the better.” (Think Progress 5/26/2009)

Former Bush White House political director Karl Rove attacks Supreme Court nominee Sonia Sotomayor (see May 26, 2009) on the grounds that she is less than intelligent. During a debate with former Clinton political director James Carville, moderator Charlie Rose notes, “She is very smart.” Rove responds, “Not necessarily.” Rose notes that Sotomayor “went to Princeton where she graduat[ed] with honors and then went on to Yale Law School,” to which Rove replies, “I know lots of stupid people who went to Ivy League schools.” Rose points out that Rove himself never graduated from college, and Rove says, “Message to the kids out there—don’t do what I did—I am the last of a generation.” (Hidary 5/26/2009) In an appearance on Fox News, Rove continues denigrating Sotomayor’s intellect, saying that according to former colleagues, she was more like a “schoolmarm” than an intellectual force. Rove says: “What she would do is she would mark them up [legal opinions] like she was your English school teacher and—with your typos and misspellings and other words that she wanted to have changed and send it back to her colleagues. Not exactly the best way to ingratiate yourself with your colleagues. Rather than say, ‘Oh, I thought you had an interesting legal argument here and I’d like to talk to you more about this here,’ she was acting like sort of a schoolmarm.” (Think Progress 5/27/2009)

Conservative activist Curt Levey, the executive director of the Committee for Justice, attacks Supreme Court nominee Sonia Sotomayor (see May 26, 2009) as an “intellectual lightweight,” and compares her to the Bush administration’s failed nomination of White House lawyer Harriet Miers for the Court (see October 3-27, 2005). “I would point you to the Harriet Miers nomination under the second President Bush,” he tells radio listeners on WTOP. “She was also, many people felt, an intellectual lightweight, picked because she was a woman, people felt. And even though Republicans controlled the Senate, she ultimately had to withdraw. And that could happen here. This is someone who clearly was picked because she’s a woman and Hispanic, not because she was the best qualified. I could certainly see red and purple state Democrats gawking at it and she may very well have to withdraw her nomination.” (Terkel 5/26/2009) At the Washington Post and National Review, conservative columnist Ramesh Ponnaru attacks Sotomayor as “Obama’s Harriet Miers.” He continues to slam the nominee for asserting that judges sometimes make policy, claims—without naming names—that some Democrats believe she lacks “the intellect to be on the high court,” falsely claims that President Obama chose her because she passed “a pro-abortion litmus test,” criticizes her for having “empathy, at least for some groups” (a veiled reference to her Hispanic heritage and her gender), and claims that she has a “high reversal rate” before the Court. He calls her “the crassest of political picks.” (Ponnaru 5/26/2009; Ponnaru 5/26/2009)

Fox News anchor Megyn Kelly and ABC News correspondent Jan Crawford Greenburg misrepresent a remark by Supreme Court nominee Sonia Sotomayor (see October 26, 2001 and May 26, 2009) that Kelly tells viewers said “Latina judges are obviously better than white male judges.” Kelly calls Sotomayor’s remarks “reverse racism,” and adds it is “[l]ike she’s saying that Latina judges are obviously better than white male judges.” Kelly goes on to claim, “I’ve looked at the entire speech that she was offering to see if that was taken out of context, and I have to tell you… it wasn’t” (see October 13, 2009). On ABC’s Good Morning America, Greenburg claims that Sotomayor “suggest[ed] that a wise Latino may actually be a better judge than a white man, and that white men have had some attitude adjustments and reached moments of great enlightenment, but there’s a long way to go.” (Media Matters 5/26/2009)

Conservative talk show host Rush Limbaugh attacks Supreme Court nominee Sonia Sotomayor (see May 26, 2009), a Hispanic woman, and President Barack Obama, a half-African-American male, over their race, accusing them of racism. Limbaugh tells his listeners: “So, here you have a racist. You might want to soften that and you might wanna say a reverse racist. And the libs [liberals] of course say that minorities cannot be racists because they don’t have the power to implement their racism. Well, those days are gone because reverse racists certainly do have the power to implement their power. Obama is the greatest living example of a reverse racist and now he’s appointed one.” Limbaugh goes on to call Sotomayor a “party hack.” (Real Clear Politics 5/26/2009; Politico 5/27/2009; CNN 5/27/2009)

New Republic columnist Jeffrey Rosen, stung by criticism of his recent article using anonymous sources questioning the character and reputation of Supreme Court nominee Sonia Sotomayor (see May 4, 2009, May 5, 2009, and May 26, 2009), attempts to backtrack from his original assertions. He writes, “Of course, Judge Sotomayor should be confirmed to the Supreme Court,” and continues: “In my view the strongest case to be made for Sotomayor is not her inspiring life story: [Supreme Court Justice] Clarence Thomas overcame similar personal obstacles, but far from giving him a sense of empathy, his background has created a sense of anger and ideological rigidity. Instead, the strongest case to be made for Sotomayor is the idea that the range of her experience—as a trial judge, appellate judge, and commercial litigator—might give her the humility to recognize that courts participate in a dialogue with the political branches when it comes to defining constitutional rights, rather than having the last word.… Conservatives are already citing my initial piece on Sotomayor as a basis for opposing her. This willfully misreads both my piece and the follow-up response. My concern was that she might not make the most effective liberal voice on the Court—not that she didn’t have the potential to be a fine justice. Questions of temperament are often overlooked, but history suggests that they are the most relevant in predicting judicial success. (Justice [Antonin] Scalia may be a brilliant bomb-thrower, but has failed in his attempts to build coalitions and bipartisan majorities.) Now is the time to think more broadly about the role Justice Sotomayor is likely to play on the Supreme Court, and I look forward to doing that in the weeks ahead.” (Rosen 5/26/2009)

Former Justice Department lawyer John Yoo, who authored numerous legally untenable memos authorizing torture and the preeminence of the executive branch (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, November 6-10, 2001, and January 9, 2002), writes that in the nomination of Sonia Sotomayor to the Supreme Court (see May 26, 2009), “empathy has won out over excellence in the White House.” Yoo, who calls the Justice she is replacing, David Souter, an equally “weak force on the high court,” writes that President Obama “chose a judge distinguished from the other members of [his list of potential nominees] only by her race. Obama may say he wants to put someone on the Court with a rags-to-riches background, but locking in the political support of Hispanics must sit higher in his priorities.” Sotomayor’s record is “undistinguished,” Yoo writes, and “will not bring to the table the firepower that many liberal academics are asking for.” She will not be the intellectual and legal equal of conservatives Antonin Scalia and Clarence Thomas, he says. “Liberals have missed their chance to put on the Court an intellectual leader who will bring about a progressive revolution in the law.” Conservatives should challenge her nomination, Yoo writes, because the Court is “a place where cases are decided by a faithful application of the Constitution, not personal politics, backgrounds, and feelings. Republican senators will have to conduct thorough questioning in the confirmation hearings to make sure that she will not be a results-oriented voter, voting her emotions and politics rather than the law.” (Yoo 5/26/2009)

Tom Goldstein, a veteran lawyer who maintains the Supreme Court-focused, nonpartisan “SCOTUSblog,” writes that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) will be the focus of caricatures and character attacks from the right, just as Justices Samuel Alito (see October 31, 2005 - February 1, 2006) and John Roberts (see September 29, 2005) were from the left. Goldstein’s assessment is echoed by ABC’s “The Note,” an influential daily political newsletter. Goldstein, who has argued cases before the Court over 20 times, writes that barring some serious revelation of ethical violations, Sotomayor is almost guaranteed to be confirmed by the Senate, but before that, she will be subjected to attacks from what he calls “committed ideologues.” Few “mainstream Republican politicians will vocally join the criticism,” he predicts. In a political sense, it would be disastrous for Republicans to mount serious opposition to a Hispanic woman, or Latina. “To Hispanics, the nomination would be an absolutely historic landmark,” Goldstein writes. “It really is impossible to overstate its significance. The achievement of a lifetime appointment at the absolute highest levels of the government is a profound event for that community, which in turn is a vital electoral group now and in the future.” Such attacks would comprise “a strategy that risks exacting a very significant political cost among Hispanics and independent voters generally, assuming that the attacks aren’t backed up with considerable substance.” The attacks will come from any of four major areas, Goldstein predicts. (Tom Goldstein 5/26/2009)
Attacks Led by Conservatives outside Congress - ABC’s Jonathan Karl agrees. He writes: “At the start, Senate Republicans will likely make innocuous statements about the need to thoroughly review her record, but make no mistake, GOP leaders, with a big assist from outside conservative groups, will wage a vigorous campaign against this nomination.… Senate Republicans don’t expect to defeat the Sotomayor nomination. But they hope to raise enough questions about the nomination to make it a tough vote for Democratic senators in more conservative states. They will also use the confirmation battle as an opportunity to motivate a demoralized Republican base” (see May 1, 2009). (Karl 5/26/2009)
Attacks on Sotomayor's Intellect - The first series of attacks, Goldstein writes, will focus on the claim that she “is not smart enough for the job.” He writes that this is a powerful line of argument with an equally strong potential for backlash, so it will be handled carefully and obliquely. Unfortunately for this position, he writes, “Sotomayor is in fact extremely intelligent.” She graduated at the top of her class at Princeton, and her judicial opinions “are thorough, well-reasoned, and clearly written. Nothing suggests she isn’t the match of the other Justices.” Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 29, 2009, and May 31, 2009).
'Liberal Ideologue and Judicial Activist' - The second line of attack will be purely ideological, focusing on the claim that she is a “liberal ideologue” and a “judicial activist.” While Sotomayor would be on the left of the Court, Goldstein writes, she is hardly a radical liberal. She is very similar to the man she is slated to replace, Justice David Souter, as a moderate, centrist liberal. Her appellate opinions as reviewed by the Court put her squarely with the left-center wing of the current Court. Karl writes, “They will call her an ‘activist’ judge intent on making law from the bench, not interpreting law.” Their predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, and June 3, 2009).
Intolerant of Positions Contrary to Her Own - The third wave of attack will claim, Goldstein writes, that she is intolerant of positions with which she disagrees. Proponents of this line of attack will focus on a decision she wrote that upheld affirmative action laws to the detriment of white firefighters, on a panel appearance in which she acknowledged that appellate judges sometimes make public policy, and a speech where she talked about the role her gender and ethnicity played in her decision-making. They will also focus, Karl notes, on a 2002 speech where she said the sex and ethnic origin of a judge can affect their decisions. Sotomayor said, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life” (see October 26, 2001). “These reeds are too thin for that characterization to take hold,” Goldstein writes. The public “is easily able to accept a judge’s recognition of the lawmaking effects of her decisions and the influences of her background. There just isn’t any remotely persuasive evidence that Judge Sotomayor acts lawlessly or anything of the sort.” Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 29, 2009, and June 3, 2009). (Karl 5/26/2009; Tom Goldstein 5/26/2009)
Personality Characteristics - The fourth wave of attacks will characterize her as, Goldstein writes, “gruff and impersonable,” based on some excerpts from oral arguments and a few anonymous criticisms voiced in the “Almanac of the Federal Judiciary.” Sotomayor can easily quash these attacks with a few well-turned statements in the public eye. From his own experiences arguing cases before the Court, Goldstein believes Sotomayor is similar in demeanor and temperment to Justices Roberts, Souter, and Antonin Scalia. Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 27, 2009. May 29, 2009, and June 3, 2009).
Missed Line of Attack - Neither Goldstein nor Karl write about the direct attacks on Sotomayor’s race and gender that some conservatives will launch (see May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009. May 29, 2009, June 2, 2009, June 3, 2009, and June 5, 2009). Goldstein’s own analysis of Sotomayor’s rulings will thoroughly disprove the allegations of racial bias (see May 29, 2009).
Conclusion - Goldstein concludes, “All in all… her easy confirmation seems assured.” (Tom Goldstein 5/26/2009)

Continuing the conservative lambasting of Supreme Court nominee Sonia Sotomayor (see May 26, 2009), columnist Michael Goldfarb attacks her as an advocate of “affirmative action” for Hispanics and writes, “[P]erhaps what’s most striking is that on the issue of diversity, Obama seems to have the views of a 21-year-old Hispanic girl—that is, only by having a black president, an Hispanic justice, a female secretary of state, and Bozo the Clown as vice president will the United States become a true ‘vanguard of societal ideas and changes.’” (Goldfarb 5/26/2009)

Representative Lamar Smith (R-TX) attacks Supreme Court nominee Sonia Sotomayor (see May 26, 2009) for what he calls “personal bias based on ethnicity and gender.” Smith says, “Judge Sotomayor will need to reassure the country that she will set aside her biases, uphold the rule of law, and interpret the Constitution as written, not as she believes it should have been written.” Senator Jeff Sessions (R-AL), who will vote to confirm or deny Sotomayor’s nomination as a member of the Senate Judiciary Committee, says Sotomayor has shown disrespect for the law in her time on the bench. Eleven years ago, Sessions voted against allowing her to become an appeals court judge. Sotomayor was confirmed despite Sessions’s vote. Now, Sessions says she will get a “fair and respectful hearing” before the committee, but says he and other conservatives worry about her “history of activism.” Legal analysts say Sotomayor has a history of complying with the law, and far from being a judicial activist, has usually shown judicial restraint and a deference to existing case law and judicial precedent. (Fox News 5/26/2009) In a statement, Senator James Inhofe (R-OK) questions “her ability to rule fairly without undue influence from her own personal race, gender, or political preferences.” (Senator James Inhofe 5/26/2009) Liberal columnist Dana Goldstein retorts that the same question could be asked of the seven white males already on the bench, and asks sardonically, “White men are raceless and genderless, haven’t you heard?” (Goldstein 5/26/2009)

Former House Speaker Newt Gingrich (R-GA) says that because Supreme Court nominee Sonia Sotomayor (see May 26, 2009) is what he calls a “Latina woman racist,” she should immediately withdraw her nomination. Gingrich bases his remark on a 2001 comment by Sotomayor in which she said she “hopes that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life” (see October 26, 2001). Sending a text message on Twitter, Gingrich writes: “Imagine a judicial nominee said, ‘My experience as a white man makes me better than a Latina woman.’ New racism is no better than old racism.” He follows with another message: “White man racist nominee would be forced to withdraw. Latina woman racist should also withdraw.” Republican National Committee (RNC) media chairman Todd Herman quickly “retweets” Gingrich’s message, which usually signifies agreement with the message, but the RNC will refuse to say whether or not it officially endorses Gingrich’s comment. White House press secretary Robert Gibbs replies that Gingrich is probably not the best source of information or guidance on the issue, and warns against excessive rhetoric: “I think it is probably important for any involved in this debate to be exceedingly careful with the way in which they’ve decided to describe different aspects of the impending confirmation. I think we’re satisfied that when the people of America and the people of the Senate get a chance to look at more than just the blog of a former lawmaker that they’ll come to the same conclusion that the president did.” (Terkel 5/27/2009; Sargent 5/27/2009; Bellantoni 5/28/2009) Orrin Hatch (R-UT), who sits on the Senate Judiciary Committee, refuses to align himself with Gingrich’s characterization. Asked about Gingrich’s remark, Hatch says, “No, I don’t agree with that.” (Terkel 5/27/2009) Days later, Gingrich will appear to withdraw the “racist” characterization, although he will go on to accuse Sotomayor of “betray[ing]” the “American system” of law (see June 3, 2009).

Salon columnist Glenn Greenwald notes that in 2006, conservative Supreme Court nominee Samuel Alito (see October 31, 2005 - February 1, 2006) made remarks about his ethnic identity influencing his decisions from the bench that are strikingly similar to those made in 2001 by Supreme Court nominee Sonia Sotomayor (see October 26, 2001 and May 26, 2009). Sotomayor is being called a “racist” by conservatives based on her remarks (see May 26, 2009, May 26, 2009, May 27, 2009, and May 28, 2009). In 2006, as Greenwald notes, Alito told the Senate Judiciary Committee: “[W]hen a case comes before me involving, let’s say, someone who is an immigrant—and we get an awful lot of immigration cases and naturalization cases—I can’t help but think of my own ancestors, because it wasn’t that long ago when they were in that position. And so it’s my job to apply the law. It’s not my job to change the law or to bend the law to achieve any result. But when I look at those cases, I have to say to myself, and I do say to myself, ‘You know, this could be your grandfather, this could be your grandmother. They were not citizens at one time, and they were people who came to this country.‘… When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account.” Greenwald writes, “Anyone who is objecting now to Sotomayor’s alleged ‘empathy’ problem but who supported Sam Alito and never objected to this sort of thing ought to have their motives questioned (and the same is true for someone who claims that a person who overcame great odds to graduate at the top of their class at Princeton, graduate Yale Law School, and then spent time as a prosecutor, corporate lawyer, district court judge, and appellate court judge must have been chosen due to ‘identity politics’).” (Washington Post 1/11/2006; Greenwald 5/27/2009)

Fox News pundit Sean Hannity attacks the character of Supreme Court nominee Sonia Sotomayor (see May 26, 2009), using carefully selected quotes from former colleagues who remain anonymous. Hannity tells his listeners: “[W]hat do the lawyers who have appeared in her courtroom think of her judicial temperament? Well, not much. The Almanac of the Federal Judiciary solicits commentary from practicing attorneys about our federal judges. Now here’s what some lawyers who have argued before Judge Sotomayor had to say about her. Quote, ‘She is a terror on the bench. She is overly aggressive, not very judicial. She behaves in an out-of-control manner. She is nasty to lawyers.’” Hannity does not tell his listeners of some of the other comments about Sotomayor in the Almanac: “very smart,” “very intelligent,” “stern,” “an exceptional judge overall,” and “has a very good commonsense approach to the law.” One commentator wrote: “She can be tough as nails, but, in truth, I think some lawyers give her a hard time or are threatened by her. She’s very accomplished and clearly smart, and, in truth, I think they’re intimidated. She has always been decent enough to me.” Another wrote: “She’s very smart and well prepared, and she expects lawyers to rise to her level. She has very little tolerance for lawyers who can’t match her intellectually.” (Powers 5/28/2009)

National Review columnist Mark Krikorian complains that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) should not insist on her name being pronounced properly—with the emphasis on the last syllable. “Putting the emphasis on the final syllable of Sotomayor is unnatural in English,” he writes, “and insisting on an unnatural pronunciation is something we shouldn’t be giving in to.” Krikorian continues: “This may seem like carping, but it’s not. Part of our success in assimilation has been to leave whole areas of culture up to the individual, so that newcomers have whatever cuisine or religion or so on they want, limiting the demand for conformity to a smaller field than most other places would. But one of the areas where conformity is appropriate is how your new countrymen say your name, since that’s not something the rest of us can just ignore, unlike what church you go to or what you eat for lunch. And there are basically two options—the newcomer adapts to us or we adapt to him. And multiculturalism means there’s a lot more of the latter going on than there should be.” (Krikorian 5/27/2009) Two days later, MSNBC host Keith Olbermann derides Krikorian’s argument, noting: “I don’t know when your ancestors arrived in this country, Mr. Krikorian, but there was a time in which immigrants with tough-to-pronounce names were encouraged to change them, or sometimes had them changed for them at Ellis Island and elsewhere. Unless Sitting Bull is one of your ancestors, they either got here afterwards, or, like mine, they resisted this racist wall papering pap that you are now spouting. If they hadn’t, today, your name, by your own logic, would be Mark Krik.” (MSNBC 5/29/2009)

National Review columnist Mark Krikorian complains that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) should not insist on her name being pronounced properly—with the emphasis on the last syllable. “Putting the emphasis on the final syllable of Sotomayor is unnatural in English,” he writes, “and insisting on an unnatural pronunciation is something we shouldn’t be giving in to.” Krikorian continues: “This may seem like carping, but it’s not. Part of our success in assimilation has been to leave whole areas of culture up to the individual, so that newcomers have whatever cuisine or religion or so on they want, limiting the demand for conformity to a smaller field than most other places would. But one of the areas where conformity is appropriate is how your new countrymen say your name, since that’s not something the rest of us can just ignore, unlike what church you go to or what you eat for lunch. And there are basically two options—the newcomer adapts to us, or we adapt to him. And multiculturalism means there’s a lot more of the latter going on than there should be.” (Krikorian 5/27/2009) Two days later, MSNBC host Keith Olbermann derides Krikorian’s argument, noting: “I don’t know when your ancestors arrived in this country, Mr. Krikorian, but there was a time in which immigrants with tough-to-pronounce names were encouraged to change them, or sometimes had them changed for them at Ellis Island and elsewhere. Unless Sitting Bull is one of your ancestors, they either got here afterwards, or, like mine, they resisted this racist wall-papering pap that you are now spouting. If they hadn’t, today, your name, by your own logic, would be Mark Krik.” (MSNBC 5/29/2009)

Fox News host Glenn Beck, speaking on his morning radio show, tells listeners that the nomination of Sonia Sotomayor to the Supreme Court (see May 26, 2009) is more evidence of a Marxist “hostile takeover” of the United States. The conflict between Republicans and Democrats over the nomination is nothing more than a “game,” Beck says. “Marxism,” he says. “It is Marxism. She is a Marxist.” As proof, he notes that Sotomayor quoted Socialist philosopher Norman Thomas in her yearbook at Princeton (he does not cite the quote: “I am not a champion of lost causes, but of causes not yet won”), a “socialist… whose quote leads her life.… It has influenced her.” He concludes by asking: “How many Marxists do we have to turn up before we say our country is being taken over? This is a hostile takeover.” (Smith 5/27/2009; Media Matters 5/28/2009)

Right-wing radio host and convicted felon G. Gordon Liddy (see January 30, 1973) denigrates Supreme Court nominee Sonia Sotomayor (see May 26, 2009)‘s race and gender in comments on his show. Liddy refers to the Spanish language as “illegal alien,” and speculates that Sotomayor’s rulings may be influenced by her menstrual cycle. Liddy says: “I understand that they found out today that Miss Sotomayor is a member of La Raza, which means in illegal alien, ‘the race’ (see May 28, 2009). And that should not surprise anyone because she’s already on record with a number of racist comments.… Let’s hope that the key conferences aren’t when she’s menstruating or something, or just before she’s going to menstruate. That would really be bad. Lord knows what we would get then.” After making these attacks, Liddy then states his belief that the Supreme Court should not represent a diversity of Americans: “And everybody is cheering because Hispanics and females have been, quote, underrepresented, unquote. [T]he Supreme Court is not designed to be and should not be a representative body.” (Frick 5/29/2009)

Lester Kinsolving, in a photo taken during a 2007 Christmas celebration at the White House.Lester Kinsolving, in a photo taken during a 2007 Christmas celebration at the White House. [Source: Houston Chronicle]Journalist Lester Kinsolving, representing the conservative news blog WorldNetDaily (WND), asks White House press secretary Robert Gibbs about President Obama’s birth certificate. Obama has been hounded for well over a year with questions concerning his heritage and his citizenship. Kinsolving begins by asking: “One question concerning what the president said in his speech on Thursday, and I quote: ‘I ran for president promising transparency, and I meant what I said. This is why, whenever possible, we will make information available to the American people so they can make informed judgments and hold us accountable.’ End of quote. Do you remember that statement?” Gibbs responds, “I can confirm he said that.” Kinsolving says: “Good. In consideration of this very good promise of transparency, why can’t the president respond to the petitioned requests of 400,000 American citizens by releasing a certified copy of his long form birth certificate listing hospital and physician?” Kinsolving is referring to an online petition hosted by WND that, the site claims, has over 400,000 signatures asking for Obama’s “true” birth certificate. Gibbs tells Kinsolving that the certificate “is on the Internet, Lester” (see June 13, 2008). Kinsolving responds, “No, no, no—the long form listing his hospital and physician” (see July 1, 2009). Kinsolving is referring to the “long form” birth certificate that is by Hawaiian law kept in state vaults; only “short form” certificates are given to individuals and/or family members. Gibbs replies: “Lester.… This question in many ways continues to astound me. The state of Hawaii provided a copy, with a seal, of the president’s birth (see June 27, 2008 and August 21, 2008). I know there are apparently at least 400,000 people that continue to doubt the existence of and the certification by the state of Hawaii of the president’s birth there, but it’s on the Internet because we put it on the Internet for each of those 400,000 to download. I certainly hope by the fourth year of our administration that we’ll have dealt with this burgeoning birth controversy.” WND will respond to Gibbs’s statement by taking out an ad in the conservative publication Human Events calling Gibbs “arrogant… factually incorrect,” and a liar, and accuses other journalists in the White House press corp, “members of the liberal elitist media,” of “openly laugh[ing]” at Kinsolving’s line of inquiry. PolitiFact researcher Robert Fairley will confirm that journalists could indeed be heard “chuckling” at Kinsolving’s questions. (St. Petersburg Times 6/17/2009; Fairley 7/1/2009)

Pat Buchanan on MSNBC.Pat Buchanan on MSNBC. [Source: Vosizneias (.com)]Conservative pundit Pat Buchanan calls Supreme Court nominee Sonia Sotomayor (see May 26, 2009) an “affirmative action candidate” for the Court. “I don’t say it’s an outrage, I say it’s affirmative action,” Buchanan says. “They were picked because she’s a woman and a Hispanic and you know it as well as I do.” His sole evidence for his claim is the fact that President Obama apparently had no males on his short list of potential nominees. When host Norah O’Donnell points out that in past nominations the list of nominees had been exclusively white males, and perhaps “there weren’t any white men who were qualified” this time around, Buchanan calls her a bigot. When guest Lawrence O’Donnell, a former Democratic Senate staffer (and no relation to the host), asks if he would have raised similar objections if the list had contained no women, Buchanan refuses to answer. Think Progress correspondent Amanda Terkel notes that Buchanan has, in the past, avowed that slavery was good for African-Americans, wished for an America that was 90 percent white, and accused Hispanics of not wanting to “assimilate.” Lawrence O’Donnell says of Buchanan’s argument: “It’s like watching a dead fish flop around on the deck. You’re dead on this one, Pat. It’s all over.” (Terkel 5/27/2009) The next day, Weekly Standard editor Fred Barnes follows Buchanan’s lead, saying that Sotomayor is “one of those who has benefited from affirmative action over the years tremendously.” Radio host William Bennett, featuring Barnes as his guest, replies, “Did she get into Princeton on affirmative action, one wonders,” to which Barnes repeats, “One wonders.” (Corley 5/28/2009)

National Council of La Raza logo.National Council of La Raza logo. [Source: National Council of La Raza]Former House member Tom Tancredo (R-CO—see September 9, 2006) continues his attacks on Supreme Court nominee Sonia Sotomayor (see May 26, 2009). As in his earlier commentary, Tancredo vilifies Sotomayor over her supposed racism. On CNN, Tancredo says that her affiliation with the National Council of La Raza (NCLR), a Hispanic civil rights group, is the equivalent of a white person belonging to the Ku Klux Klan. “If you belong to an organization called La Raza, in this case, which is, from my point of view anyway, nothing more than a Latino—it’s a counterpart—a Latino KKK without the hoods or the nooses,” he says. “If you belong to something like that in a way that’s going to convince me and a lot of other people that it’s got nothing to do with race. Even though the logo of La Raza is ‘All for the race. Nothing for the rest.’ What does that tell you?” When host Rick Sanchez attempts to redirect Tancredo from his statements about the civil rights group, Tancredo shouts: “She’s a member! She’s a member of La Raza!” (Frick 5/28/2009; NewsMax 5/28/2009) Liberal news website Think Progress notes that La Raza has been targeted by conservative critics since the 2006 immigration rallies, with some making the false claim that La Raza advocates the secession of the Western United States “as a Hispanic-only homeland,” and right-wing blogs calling the organization “an anti-white extremist group.” In reality, La Raza is the nation’s largest Latino civil rights and advocacy group, focusing primarily on “civil rights/immigration, education, employment and economic status, and health.” The name “La Raza” translates to “the people,” not “the race,” as Tancredo insists. And the group’s motto is not “All for the race, nothing for the rest,” as Tancredo says, it is actually “Strengthening America by promoting the advancement of Latino families.” La Raza, or NCLR as it is officially known, points to its recognition by the Office of the Surgeon General and the Leadership Council for Civil Rights for its efforts on behalf of underprivileged Hispanic-Americans, and its work alongside Habitat for Humanity and the Heritage Foundation as a nonprofit organization working for positive social change. (National Council of La Raza 2009; Frick 5/28/2009)

Former White House political director Karl Rove continues his attacks on Supreme Court nominee Sonia Sotomayor (see May 26, 2009). In a column for the Wall Street Journal, Rove echoes former Justice Department official John Yoo in claiming that the Obama administration chose “empathy” over capability in Sotomayor’s selection (see May 26, 2009). Rove goes one step further than Yoo in equating Sotomayor’s “empathy” with “liberal judicial activism.” “‘Empathy’ is the latest code word for liberal activism,” Rove writes, “for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn’t pass the legislative branch or, if it did, would generate voter backlash.” He accuses Sotomayor, and indirectly President Obama, of a “readiness to discard the rule of law whenever emotion moves them.” He also accuses Obama of attempting to “placate Hispanic groups who’d complained of his failure to appoint more high profile Latinos to his administration.… Mr. Obama also hopes to score political points as GOP senators oppose a Latina. Being able to jam opponents is a favorite Chicago political pastime.” Rove advises Republicans to use Sotomayor’s nomination as an opportunity to “stress their support for judges who strictly interpret the Constitution and apply the law as written.” He notes: “A majority of the public is with the GOP on opposing liberal activist judges. There is something in our political DNA that wants impartial umpires who apply the rules, regardless of who thereby wins or loses.” (Rove 5/28/2009) Hours after his attack column is printed, Rove tells a Fox News audience that Republicans need to treat Sotomayor with “respect” and criticize her over her “philosophy,” not her background. (Terkel 5/29/2009)

John Cornyn (R-TX), a member of the Senate Judiciary Committee, says he is “troubled” by Supreme Court nominee Sonia Sotomayor (see May 26, 2009) in light of her supposed “judicial activism” (see May 26, 2009) and supposed willingness to put her personal background above her dedication to the rule of law (see October 26, 2001). However, Cornyn repudiates some of the more vicious attacks on Sotomayor from former House Speaker Newt Gingrich, former House Republican Tom Tancredo, radio talk show host Rush Limbaugh, and others who have termed her “racist” (see May 26, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, and May 28, 2009). “I think it’s terrible. This is not the kind of tone that any of us want to set when it comes to performing our constitutional responsibilities of advice and consent,” Cornyn says. Of Gingrich and Limbaugh, Cornyn adds: “Neither one of these men are elected Republican officials. I just don’t think it’s appropriate and I certainly don’t endorse it. I think it’s wrong.” (National Public Radio 5/28/2009; Smith 5/28/2009) The next day, Jeff Sessions (R-AL), the ranking Republican on the committee, says the inflammatory rhetoric from right-wingers such as Limbaugh, Tancredo, and Gingrich makes him “uneasy,” and he advises Republicans to limit their criticisms of Sotomayor to her judicial record. “I don’t think that’s good rhetoric,” says Sessions. “The question is, has the judge gone too far or not, given the established law of the land?” The Washington Post notes that in 1986, Sessions was denied a federal judgeship because of his record of racial insensitivity (see June 5, 2009). Neither Sessions nor the Post mentions Sessions’s recent attack on Sotomayor (see May 26, 2009). (Eggen and Kane 5/29/2009) On May 31, Sessions tells an NBC audience that his Republican colleagues should refrain from calling Sotomayor a racist, and he would prefer that they not continue to attack her over her 2001 remarks. (Associated Press 5/31/2009)

President Barack Obama lambasts critics of Supreme Court nominee Sonia Sotomayor (see May 26, 2009) for their attacks on her (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, and May 29, 2009). Obama says that Sotomayor regrets her choice of words in a 2001 speech in which she said a “wise Latina” judge would often make better decisions than a white male (see October 26, 2001), but goes on to condemn “all this nonsense that is being spewed out” by critics who have accused her of racism and belonging to racist groups. Of her speech, Obama says: “I’m sure she would have restated it. But if you look in the entire sweep of the essay that she wrote, what’s clear is that she was simply saying that her life experiences will give her information about the struggles and hardships that people are going through. That will make her a good judge.” White House spokesman Robert Gibbs says of the racial accusations: “It’s sort of hard to completely quantify the outrage I think almost anybody would feel at the notion that you’re being compared to somebody who used to be a member of the Ku Klux Klan. It’s amazing.” Republican strategist John Ullyot, who worked on judicial nominations as a Congressional staffer, says that “any comments politically on race or gender are fraught with peril for Republicans.” He continues: “A few conservatives from outside of the Senate, in their zeal to pick a fight over Obama’s nominee, decided to get very ugly very quickly. No one in the Senate has followed along, and that’s the loudest condemnation you can have.” Ullyot fails to mention attacks from Republican Senators James Inhofe (R-OK) and Jeff Sessions (R-AL—see May 26, 2009). (Eggen and Kane 5/29/2009)

David Duke.David Duke. [Source: Hip Hop Republican (.com)]Conservative radio host Rush Limbaugh, continuing the attacks on Supreme Court nominee Sonia Sotomayor (see May 26, 2009), says that Sotomayor “brings a form of bigotry and racism to the court” similar to views espoused by former Ku Klux Klan leader David Duke. Within hours, Duke counters on his own Web site, disparaging Limbaugh’s comparison and claiming that while he believes Sotomayor is a racist, he himself has never embraced racist views. “Limbaugh, a recent addict to illegal drugs, has no business making personal attacks against me for my past,” Duke writes. “I have consistently supported true equal rights, stating again and again that I support the best-qualified person regardless of race in hiring and promotions.” Duke goes on to write that Sotomayor’s racism is “proven” by remarks she made during a 2001 speech in which she said a “wise Latina” judge would often make better decisions than a white male (see October 26, 2001), and calls her “an activist for radical-Left Mexican organizations and an enthusiastic proponent of racial discrimination against White people called affirmative action” (see May 28, 2009). He then claims that her nomination is part of an overarching Jewish conspiracy to control “any person who is influential or who may at some point in the future become influential.” (Millhiser 6/1/2009)

Republican National Committee chairman Michael Steele, guest-hosting William Bennett’s radio show, says that Republicans should not attack Supreme Court nominee Sonia Sotomayor (see May 26, 2009) over her race (see May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, May 28, 2009, and May 28, 2009). Doing so risks damaging the Republican Party’s image, he says. Steele, who is an African-American, warns that the “liberal media,” and particularly MSNBC, will use the racially motivated attacks to paint Republicans as bigots. “MSNBC will rip everything we have to say up into shreds,” he says. “I’m excited that a Hispanic woman is in this position,” he says. Republicans should stop “slammin’ and rammin’” on Sotomayor, and instead “acknowledge” the “historic aspect” of the pick and make a “cogent, articulate argument” against her for purely substantive reasons. Steele says the party doesn’t want to “get painted as a party that’s against the first Hispanic woman” picked for the Supreme Court. Democrats have made similar attacks on conservative candidates in the past, Steele avers, and says that the “liberal media” gave Democrats an unfair advantage in such controversies. Steele does not mention two of the loudest voices in the racially-based attacks against Sotomayor, former House Speaker Newt Gingrich and conservative radio host Rush Limbaugh. Washington Post columnist Greg Sargent writes: “It’s a reminder of Steele’s predicament: He knows how badly these attacks are damaging the party and how neatly they play into the hands of Dems, but he can’t call out the leading figures launching those attacks, because that risks infuriating the base and feeding the meme that the GOP is hopelessly divided.” (Sargent 5/29/2009) Two weeks before, while hosting Bennett’s show, Steele had attacked Sotomayor’s intellect and personality, calling her “not a bell ringer” and “abrasive.” (Corley 5/29/2009) A week later, while hosting Bennett’s show, Steele will say, “God help you if you’re a white male coming before her bench” (see June 5, 2009).

Progressive news and advocacy Web site Think Progress profiles Tim Phillips, the president of Americans for Prosperity (AFP), the conservative Washington lobbying organization that is planning to coordinate anti-tax “tea party” protests (see April 8, 2009 and April 15, 2009) with a summer push against the White House’s health care reform proposals. AFP is largely funded by Koch Industries, the largest private oil corporation in the US; AFP has long advocated positions favorable to the energy and health care industries. AFP also uses the technique of “astroturfing,” the creation of ostensibly citizen-driven “grassroots” advocacy groups that are actually funded and driven by corporate and lobbying interests. AFP’s most recent creation is a “front group” called “Patients United Now” (PUN), a group explicitly designed to thwart health care reform. PUN’s Web site declares, “We are people just like you,” and actively solicits participation and donations from ordinary Americans without revealing its corporate roots. AFP employs close to 70 Republican operatives and former oil industry officials.
Other 'Astroturf' Campaigns - Think Progress notes that other AFP “Astroturf” groups have organized events such as the “Hot Air Tour” attacking environmental regulation, the “Free Our Energy” movement to promote domestic oil drilling, the “Save My Ballot Tour” which sent conservative activist “Joe the Plumber” (see October 10, 2008) around the country attacking the Employee Free Choice Act, the “No Climate Tax” group aimed at defeating the Clean Energy Economy legislation, and the “No Stimulus” organization, which opposes the Obama administration’s economic policies.
Headed by Former Abramoff Colleague - AFP’s president is Tim Phillips, a veteran conservative lobbyist and “astroturfer.” In 1997, Phillips, then a Republican campaign strategist, joined Christian conservative activists in a new lobbying firm, Century Strategies. The firm promised to mount “grassroots lobbying drives” and explained its strategy as “it matters less who has the best arguments and more who gets heard—and by whom.” Century Strategies was given a boost by Texas GOP political operative Karl Rove, and began its career representing the Texas oil giant Enron. The firm was paid $380,000 to mobilize “religious leaders and pro-family groups” to push energy deregulation on the federal and state level, an effort which helped lead, says Think Progress, “to the energy crisis and economic meltdown of 2001.” As part of their efforts, Phillips and his partner, former Christian Coalition official Ralph Reed, used their congressional connections and “placed” purported “news” articles in the New York Times and other prominent newspapers. Phillips managed the firm’s direct mail subsidiary, Millennium Marketing, which was hired by then-GOP lobbyist Jack Abramoff to pressure members of Congress to oppose federal wage and worker safety legislation. Phillips and Reed also worked with Abramoff in the lobbyists’ efforts to fraudulently charge Native American tribes millions of dollars in lobbying fees over their efforts to build casinos on tribal lands. And they helped Abramoff launder gambling money. Phillips and Reed are responsible for the ads that helped Republicans win election victories by comparing Democratic candidates to Osama bin Laden, and helped George W. Bush (R-TX) defeat Senator John McCain (R-AZ) in 2000 by accusing McCain of fathering an illegitimate black child. They were unsuccessful in preventing the 2000 election of Republican Eric Cantor (R-VA) to the House by attacking his Jewish heritage. (Fang 5/29/2009)
Headed by Oil Billionaire, Republican Party Funder - MSNBC’s Rachel Maddow will later note that AFP’s director is Art Pope, a multi-millionaire who has given so much money to the North Carolina Republican Party that it named its headquarters after him. The national chairman of AFP is David Koch, who with his brother runs Koch Industries, the largest privately held oil company in the US and a longtime supporter of right-wing causes. Koch is the 19th richest man in the world. (MSNBC 8/6/2009)

Tom Goldstein, the veteran lawyer who maintains the nonpartisan Supreme Court watchdog Web site “SCOTUSblog” (see May 26, 2009), completes an analysis of Supreme Court nominee Sonia Sotomayor’s (see May 26, 2009) rulings on race-related court cases. Sotomayor has come under intense fire for supposedly being a “racist” and allowing her “personal bias”—her Hispanic heritage—to influence her decisions from the bench (see May 26, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, and May 28, 2009). As a member of the Second Circuit Court of Appeals, Sotomayor has ruled on 96 race-related cases. One of those is still on appeal to the Supreme Court. Of those 96 cases, Sotomayor and the entire panel rejected the claim of discrimination 78 times, and agreed with the claim 10 times. The remaining eight involved other kinds of claims or dispositions. Of the 10 favorable rulings, nine of those were unanimous. Seven of those nine rulings involved at least one Republican-appointed judge. In the one divided ruling, the dissent involved a technical question of whether the criminal defendent had forfeited his right to challenge the jury selection in his case. Goldstein concludes: “So Judge Sotomayor rejected discrimination-related claims by a margin of roughly 8 to 1.… [I]n sum, in an 11-year career on the Second Circuit, Judge Sotomayor has participated in roughly 100 panel decisions involving questions of race and has disagreed with her colleagues in those cases (a fair measure of whether she is an outlier) a total of four times.… Given that record, it seems absurd to say that Judge Sotomayor allows race to infect her decisionmaking.” (Goldstein 5/29/2009)

The conservative Judicial Confirmation Network releases a television and Internet advertisement that attacks Supreme Court nominee Sonia Sotomayor (see May 26, 2009) for being “personally biased” in her rulings. The ad, which claims Sotomayor’s ascension to the high court will place “equal justice… under attack,” is based largely on comments Sotomayor made in a 2001 speech (see October 26, 2001). (Millhiser 5/29/2009) White House spokesman Robert Gibbs says that Sotomayor made a “poor word choice” in her 2001 comments (see May 29, 2009) (Feller 5/29/2009) , but both President Obama and liberal news and analysis Web site Think Progress note that in that same 2001 speech, Sotomayor was firm in reiterating her belief that judges must base their decisions on the rule of law, not on personal bias or preference. And an analysis of her record shows that she has ruled against plaintiffs in discrimination lawsuits a large majority of the time (see May 29, 2009). (Millhiser 5/29/2009) After the ad draws fire from across the political spectrum, Judicial Confirmation Network spokeswoman Wendy Long (see May 26, 2009) backs away from the controversy, writing that the debate over Sotomayor “is turning into an argument about race and identity politics.” She adds, “Many of us in the conservative movement believe that Judge Sotomayor is intelligent, and that, at least on paper, she has professional qualifications that are certainly sufficient for occupying a seat on the US Supreme Court.” Long continues to call Sotomayor’s judicial philosophy “very troubling.” (Guthrie 5/29/2009)

Neoconservative columnist Charles Krauthammer advises fellow Republicans not to use racial or gender-based attacks against Supreme Court nominee Sonia Sotomayor (see May 26, 2009). Noting that barring an unforeseen incident, she will be confirmed to the high court, Krauthammer writes: “What should a principled conservative do? Use the upcoming hearings not to deny her the seat, but to illuminate her views. No magazine gossip from anonymous court clerks (see May 4, 2009). No ‘temperament’ insinuations (see May 27, 2009). Nothing ad hominem (see May 26, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009. May 29, 2009, June 2, 2009, and June 3, 2009). The argument should be elevated, respectful, and entirely about judicial philosophy.” The debate should focus “on her statements about the inherent differences between groups, and the superior wisdom she believes her Latina physiology, culture, and background grant her over a white male judge (see October 26, 2001). They perfectly reflect the Democrats’ enthrallment with identity politics, which assigns free citizens to ethnic and racial groups possessing a hierarchy of wisdom and entitled to a hierarchy of claims upon society.… Vote Democratic and you get mainstream liberalism: a judicially mandated racial spoils system and a jurisprudence of empathy that hinges on which litigant is less ‘advantaged.’” (Krauthammer 5/29/2009)

A 2002 photo of Dr. George Tiller.A 2002 photo of Dr. George Tiller. [Source: Abortion Essay (.com)]Dr. George Tiller, one of the handful of doctors in the USA willing to perform late-term abortions, is shot to death while attending services at the Reformation Lutheran Church in Wichita, Kansas. The 67-year-old doctor is slain in front of several witnesses by a single assailant in the foyer of his church while serving as an usher at about 10 a.m. Law enforcement officials say they believe the murder is “the act of an isolated individual,” but add that they are also looking into the suspected assailant’s “history, his family, his associates.” (Smith 5/31/2009; Stumpe and Davey 5/31/2009) Tiller’s murderer is eventually identified as anti-abortion activist Scott Roeder (see May 31, 2009).
Murder Caps Off Years of Violence, Harassment - Tiller’s murder comes after repeated harassment and violence against him, his clinic, and his patients. In 1986, the clinic was bombed, causing serious damage. In 1991, 2,000 protesters outside the clinic were arrested over the course of the summer. In 1993, Tiller was shot in both arms outside the clinic (see August 19, 1993). During a trial for performing illegal abortions, in which he was acquitted (see March 27, 2009), Tiller testified that he had spent years under the protection of federal agents after the FBI learned in 1994 that he was a top target on an anti-abortionist assassination list. (Agence France-Presse 5/31/2009) In recent months, Tiller had been targeted by Fox News talk show host Bill O’Reilly, who repeatedly referred to him as “Tiller the Killer.” Tiller’s clinic was defaced with a poster titled “Auschwichita,” that claimed Tiller was like Hitler because he espoused Christianity just as Hitler did. The poster also used the term “Tiller the Killer,” and called Tiller an “equal opportunity executioner.” (Sarah Jones 10/20/2010)
Responses from Family, President, Activists - Responding to Tiller’s murder, President Obama tells the nation, “However profound our differences as Americans over difficult issues such as abortion, they cannot be resolved by heinous acts of violence” (see May 31, 2009). Troy Newman, the president of the anti-abortion organization Operation Rescue (OR—see 1986), says his organization has always sought “nonviolent” measures to challenge Tiller, including efforts in recent years to have him prosecuted for crimes or investigated by state health authorities. “Operation Rescue has worked tirelessly on peaceful, nonviolent measures to bring him to justice through the legal system, the legislative system,” Newman says. “We are pro-life, and this act was antithetical to what we believe.” Newman says that Roeder may have posted on OR-hosted Web sites, but says of the suspect, “He is not a friend, not a contributor, not a volunteer.” The media will quickly unearth deeper ties between OR and Roeder than Newman initially acknowledges (see May 31, 2009). In a statement, the Tiller family says: “George dedicated his life to providing women with high-quality health care despite frequent threats and violence. We ask that he be remembered as a good husband, father, and grandfather, and a dedicated servant on behalf of the rights of women everywhere.” (Stumpe and Davey 5/31/2009)

Right-wing pundit Pat Buchanan continues to attack Supreme Court nominee Sonia Sotomayor (see May 26, 2009), this time during an appearance on C-SPAN’s Washington Journal. Buchanan continues his allegations that Sotomayor is an “affirmative action nominee” (see May 28, 2009), and mocks her recent discussion of her difficulties with the English language: Sotomayor told a New York Times reporter that during her first years in college, she honed her English skills by reading children’s books, practiced with lower-level grammar books, and worked with a professor who provided her tutoring in the language. Buchanan says in reference to the article: “Well I, again in that Saturday piece, she went to Princeton. She graduated first in her class it said. But she herself said she read, basically classic children’s books to read and learn the language and she read basic English grammars and she got help from tutors. I think that, I mean if you’re, frankly if you’re in college and you’re working on Pinocchio or on the troll under the bridge, I don’t think that’s college work.” The article did not characterize her outside, self-directed remedial work with English as “college work.” Amanda Terkel, a reporter for left-leaning Think Progress, will note: “Buchanan has long claimed that Hispanic immigrants are resistant to learning English and has said that it would be easier for them to ‘assimilate’ if they did so.… So basically, Buchanan yells when Hispanics are allegedly unwilling to learn English. However, when they make an attempt to do so, he mocks them as being dumb.” (Kirkpatrick 5/30/2009; Terkel 6/1/2009)

TV station KMBC reports on the arrest of Scott Roeder in connection with the murder of late-abortion-providing OB/GYN Dr. George Tiller (see May 31, 2009), and mentions an envelope found in the getaway car with the words “Op Rescue” and “Cheryl” and a phone number on it. (KMBC-TV 6/3/2009) Kansas news blogger Justin Kendall finds out that the number is a direct line to Cheryl Sullenger, a senior policy advisor with Operation Rescue, a hardline anti-abortion activism group. Sullenger served two years imprisonment after bombing an abortion clinic in 1988. She tells Kendall she hasn’t spoken to Roeder recently and says: “You know, he’s somebody who’s been around. My name is on the Internet. It’s on every press release. My phone number is on every press release it. It’s all over the Internet. I don’t know. He probably has lots of people’s phone numbers.” (Kendall 6/1/2009) Sullenger says she kept Roeder up to date on court hearings involving Tiller, who was acquitted of failing to properly justify late-term abortions in January 2009: “He would call and say, ‘When does court start? When’s the next hearing?’ I was polite enough to give him the information. I had no reason not to. Who knew? Who knew, you know what I mean?” (Bauer and Thomas 6/3/2009) Kendall also reveals that in a May 2007 comment on an Operation Rescue forum, a “Scott Roeder” advocated attending Tiller’s church—the eventual scene of his murder—with “as many people as possible” to ask questions of church leaders and members and bring attention to Tiller. (Scott Roeder 5/19/2007) In 1996, Roeder, then a member of the anti-government militia group known as the Freemen, was arrested on charges of possessing explosives (see April 16, 1996). In 2010, Roeder will be convicted of murdering Tiller (see January 29, 2010).

Fellow anti-abortionists say that Scott Roeder, arrested in connection with the murder of late-term-abortion-providing OB/GYN Dr. George Tiller (see May 31, 2009), has long been a hard-line opponent of abortion. Kansas anti-abortion activist Regina Dinwittie, who was ordered by a judge to cease using a bullhorn within 500 feet of an abortion clinic in 1995, says: “I know that he believed in justifiable homicide. He very strongly believed that abortion was murder and that you ought to defend the little ones, both born and unborn.” Dinwittie recounts Roeder confronting Dr. Robert Crist, who worked at the Kansas City Planned Parenthood clinic in 1996: “He stared at him for approximately 45 seconds. Then he [Roeder] said, ‘I’ve seen you now.’ Then he turned his back and walked away, and they were scared to death.” (Thomas 5/31/2009) Dinwittie says she herself is “glad” of Tiller’s death, saying, “I wouldn’t cry for him no more than I would if somebody dropped a rat and killed it.” (Hegeman and Fisher 6/1/2009) After attending Tiller’s trial, Roeder told fellow Kansas anti-abortion activist Eugene Frye that the whole process was “a sham.” Frye says, “He felt justice had not been served.” (Bauer and Thomas 6/2/2009) “In this situation, Scott viewed Tiller as the violent person,” Frye said. “Scott didn’t see himself as that. He saw this man as perpetrating murder on these innocent babies.… Scott had that conviction.” (Bauer and Thomas 6/5/2009) Dave Leach, publisher of the Iowa magazine Prayer and Action News, which has said “justifiable homicide” against abortion providers can be supported, and to which Roeder subscribed, says: “Scott is not my hero in that sense; he has not inspired me to shoot an abortionist. But definitely, he will be the hero to thousands of babies who will not be slain because Scott sacrificed everything for them.” (Hegeman and Fisher 6/1/2009) In signing a petition against Tiller in September 2007, someone giving the name Scott Roeder wrote, “Tiller is the concentration camp ‘Mengele’ of our day and needs to be stopped before he and those who protect him bring judgment upon our nation.” (Scott Roeder 9/3/2009) In 1996, Roeder, then a member of the anti-government militia group known as the Freemen, was arrested on charges of possessing explosives (see April 16, 1996).

Former George H. W. Bush speechwriter Peggy Noonan joins the ranks of Republicans (see May 28-31, 2009, May 29, 2009, and May 29, 2009) asking for a more moderate and less inflammatory tone in recent criticisms of Supreme Court nominee Sonia Sotomayor (see May 26, 2009 and May 26, 2009). Republicans should “play grown-up,” she advises, in opposing the Sotomayor nomination, and notes that her background—disadvantaged, Hispanic, female—makes her dangerous to oppose too vehemently: “Politically she’s like a beautiful doll containing a canister of poison gas: Break her and you die.” Noonan continues: “New York is proud of her; I’m proud of our country and grateful at its insistence, in a time when some say the American dream is dead, that it most certainly is not. The dream is: You can come from any place or condition, any walk of life, and rise to the top, taking your people with you, in your heart and theirs. Maybe that’s what they mean by empathy: Where you come from enters you, and you bring it with you as you rise. But if that’s what they mean, then we’re all empathetic. We’re the most fluid society in human history, but no one ever leaves their zip code in America, we all take it with us. It’s part of our pride. And it’s not bad, it’s good.” Noonan calls Republicans who launch virulent attacks on her racial heritage or gender “idiots,” and writes that instead of “exciting the base,” as one Republican strategist has said the attacks will do, “How about excit[ing] a moderate, or interest[ing] an independent? How about gain[ing] the attention of people who aren’t already on your side? The base is plenty excited already, as you know if you’ve ever read a comment thread on a conservative blog.… They don’t need to be revved, they’re already revved. Newt Gingrich twitters that Judge Sotomayor is a racist (see May 27, 2009). Does anyone believe that? He should rest his dancing thumbs, stop trying to position himself as the choice and voice of the base in 2012, and think.… The choice for Republicans isn’t between ‘attack’ and ‘roll over.’ It’s broader than that, and more interesting. There’s a new and fresh opportunity here for Republicans in the Senate to be serious, and, in their seriousness, to be seen and understood in a new light.” (Noonan 6/1/2009)

Former anti-abortion activist Frank Schaeffer, author of the book Crazy for God: How I Grew Up as One of the Elect, Helped Found the Religious Right, and Lived to Take All (or Almost All) of It Back, says publicly that the religious right anti-abortion movement shares the blame for the murder of late-term-abortion-provider George Tiller (see May 31, 2009). In a column on the “Huffington Post” website, Schaeffer writes that, in books they wrote that were bestsellers on the religious right, both he and his father, Francis Schaeffer, advocated using force to stop abortion if legal avenues failed. His father, he writes, “compared America and its legalized abortion to Hitler’s Germany and said that whatever tactics would have been morally justified in removing Hitler would be justified in trying to stop abortion.” He points out that Paul Hill, who was executed in 2003 for murdering abortion provider Dr. John Bayard Britton and one of his volunteer escorts in 1994, was “an avid follower of my father’s.” Schaeffer, who left the religious right in the mid 1980s, writes that he is “very sorry” for his own part. (Schaeffer 6/1/2009) In an interview on the “Rachel Maddow Show,” Schaeffer apologizes again for the anti-abortion campaign he helped found and build, and says, “[T]his is what helps unhinge a society.” (MSNBC 6/1/2009)

Jeffery Pederson, office manager of the Central Family Medicine/Aid for Women Clinic in Kansas City, says that he reported to both the FBI and local police that a man whose description and license plate matched those of Scott Roeder, the man charged with murdering late-abortion-provider Dr. George Tiller (see May 31, 2009), had glued the locks of the clinic doors. One of the reports was made the day before the killing. “I was just sick,” Pederson says. “That was the plate I gave the FBI Saturday [May 30]. I called the FBI back and said, ‘It’s the same car. It’s the same guy.’” FBI spokeswoman Bridget Patton says, “When we are notified when vandalism occurs at a clinic, we look into the matter, but we’re not going to comment on anything regarding that incident.” Kansas City police spokesman Michael Golden says the police report resulting from Pederson’s complaint contained “no suspect information.” (Thomas 6/2/2009) In an interview with Amy Goodman of Democracy Now!, Pederson says that he told the FBI the vandal’s first name, Scott, which his staff knew from anti-abortion protests at the clinic, as well as giving them his license plate number and security camera videos. He also notes that complaints to the FBI of the same man committing similar vandalism in 2000 resulted in no action other than “talking to” Roeder. (Democracy Now! 6/4/2009) A New York Times editorial will later criticize the FBI for not being more vigilant. (New York Times 6/7/2009)

A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo.A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo. [Source: Council of Conservative Citizens / Think Progress]The Council of Conservative Citizens (CofCC), a pro-segregation group that the Southern Poverty Law Center has called “brazenly racist,” posts a doctored photograph of Supreme Court nominee Sonia Sotomayor (see May 26, 2009) on its Web site. The altered photograph depicts Sotomayor wearing what appears to be a robe and hood similar to those worn by members of the Ku Klux Klan. The robe has a raised fist and the words “La Raza.” Sotomayor is a member of the National Council of La Raza (NCLR), a Hispanic civil rights organization which some conservatives have falsely claimed is a racist organization (see May 28, 2009 and May 29, 2009). An NCLR spokesman confirms that the logo in the photograph is not used on any basis by the organization. (Terkel 6/2/2009)

Gun rights advocates’ attempts to portray Supreme Court nominee Sonia Sotomayor (see May 26, 2009) as “anti-gun” hit a snag when a panel of conservative judges upholds her ruling in favor of restricting gun ownership. Sotomayor has been called an “anti-gun radical” by some activists for joining an opinion, cited in Maloney v. Cuomo, that found the Second Amendment does not prevent state and local governments from restricting arms ownership. That ruling, rejecting a challenge to Chicago’s tough gun laws, was unanimously upheld by the Seventh Circuit Court of Appeals, which is made up largely of conservative judges. The ruling could, according to the Washington Post, “complicate efforts to portray Sotomayor as a judicial activist trying to undermine the Supreme Court’s landmark decision last year holding that the amendment protects the right to own a gun for self-defense.” The Seventh Circuit’s opinion was written by chief judge Frank Easterbrook, described by the Post as “one of the nation’s leading conservative judges,” and joined by two Republican-appointed judges, including “conservative favorite Richard A. Posner.” Walter Dellinger, who argued a related case and supports Sotomayor’s nomination, says, “When two of the most highly regarded, conservative judges agree that courts of appeal should not reach out and make new law on this issue, it renders Judge Sotomayor’s opinion on this subject beyond criticism.” But some continue their opposition. David Kopel, a lawyer who has criticized Sotomayor’s stance on gun ownership, says the ruling will not change the views of gun activists that she is “anti-gun” and the Maloney opinion was intellectually “dishonest.” (Barnes 6/3/2009)

US President Barack Obama and French President Nicolas Sarkozy review French troops during Obama’s 2009 visit to Strasburg.US President Barack Obama and French President Nicolas Sarkozy review French troops during Obama’s 2009 visit to Strasburg. [Source: Shawn Thew / EPA]Jon Scott and Jane Skinner, hosts of Fox News’s “straight news” program Happening Now (see October 13, 2009), air selectively edited clips of President Obama to give the false impression that he has singled out the US for criticism during a trip to France. The segment hinges on an upcoming trip by Obama to Europe and the Middle East. Scott asks if “the president’s upcoming trip [will] be what conservatives might call another apology tour”; in teasing Scott’s segment, Skinner raises the same point. Both Scott and Skinner then air cropped clips from Obama’s April 2009 visit to France. During his April speech, Obama both praised and criticized actions taken by the US, and criticized anti-American sentiment in Europe. However, Scott and Skinner air carefully selected portions of the speech to give impetus to their contention that Obama only criticized the US during his time in France. Fellow Fox News host Sean Hannity has suggested that Obama embarked on a “blame America first” visit and “apology tour.” On-air text and graphics illustrate the “apology tour” contention. Neither Scott nor Skinner inform their audience that in the same speech, Obama criticized Europe and praised the US. Guest Elliott Abrams, the convicted Iran-Contra conspirator (see October 7, 1991), advises Obama “to stop apologizing for our country,” and adds that Obama is making a mistake in spending time talking to Muslims during the trip. (Media Matters 6/2/2009)

Former House Speaker Newt Gingrich (R-GA) writes what appears to be a retraction or withdrawal of his previous accusations that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) is a racist (see May 27, 2009). He writes that he was reacting to the news of remarks she made during a 2001 speech in which she said a “wise Latina” judge would often make better decisions than a white male (see October 26, 2001), and calls his “initial reaction… perhaps too strong and too direct.” Others have criticized his “word choice” in his vilification of Sotomayor, and Gingrich writes, “The word ‘racist’ should not have been applied to Judge Sotomayor as a person, even if her words themselves are unacceptable (a fact which both President Obama and his press secretary, Robert Gibbs, have since admitted)” (see May 29, 2009). Gingrich then launches an attack on Sotomayor’s “judicial impartiality” and accuses her of “a betrayal of a fundamental principle of the American system—that everyone is equal before the law.” Gingrich is either unaware of, or ignoring, a recent analysis which disproves the thesis that Sotomayor has systematically exhibited racial bias in her rulings (see May 29, 2009). He calls her a “radical liberal activist” masquerading as a “convention[al] liberal,” and lambasts Obama for believing that “judicial impartiality” is “no longer a quality we can and should demand from our Supreme Court justices.” (Think Progress 4/3/2007; Gingrich 6/3/2009) Liberal news and analysis Web site Think Progress notes that Gingrich may not be the most impartial person to weigh in on this issue, having called Spanish “the language of living in the ghetto” and warned of “gay and secular fascism” as an imminent threat to American society. (Think Progress 4/3/2007; Yglesias 11/17/2008)

After meeting with Supreme Court nominee Sonia Sotomayor (see May 26, 2009), Senator Lindsey Graham (R-SC) says he has fundamental questions about her judicial philosophy and temperament, and adds he will likely not vote to confirm her to the high court. “I was very direct,” he tells reporters of his conversation with Sotomayor. “I have to decide how to play this game, quite frankly. If I use the same standard that Senator [Barack] Obama used, then I would not vote for you, quite frankly.” Graham is referring to votes cast by then-Senator Obama against Justices John Roberts (see September 29, 2005) and Samuel Alito (see October 31, 2005 - February 1, 2006) in which Graham asserts that Obama voted against them on ideological grounds. “He used a standard, I think, that makes it nearly impossible for a person from the opposite party to vote for the nominee,” Graham says. Many political observers feel that Graham is something of a bellwether of Republican sentiment; a former judge advocate general officer, Graham is considered one of the better legal minds in the party, and his opinion carries great weight with his colleagues. Other Republicans may follow his lead in coming out in public opposition to the nominee. Graham says he asked Sotomayor about her “wise Latina” comment (see October 26, 2001), but refuses to say how she responded. Graham also says he has questions about her temperament, saying that while she was friendly in the meeting, he cannot ignore other lawyers’ negative assessments of her personality (see May 4, 2009). “I think she does have the intellectual capacity to do the job,” Graham says. “But there’s a character problem. There’s a temperament problem that they—during the time they’ve had to be a judge, that they were more of an advocate than an impartial decider of the law. And I’ve got to find out, in my own mind” about her temperament. (Isenstadt 6/3/2009) On Fox News, Graham contradicts his earlier assessment, saying that Sotomayor has “sterling character.” (Think Progress 6/3/2009)

Republican lawmakers have moved to tone down the incendiary rhetoric surrounding the nomination of Sonia Sotomayor to the Supreme Court (see May 26, 2009). Senator Lindsey Graham (R-SC) says he is happy that former House Speaker Newt Gingrich (R-GA—see June 3, 2009) and others (see May 28-31, 2009, May 29, 2009, May 29, 2009, and June 1, 2009) are backing away from the accusations of racism and liberal activism that have marked conservative responses to Sotomayor’s nomination (see May 26, 2009). “I think she deserves to be challenged,” Graham says. “It is fair to make her address that question and prove it. It is not fair to say that she’s a racist.” Governor Tim Pawlenty (R-MN) says his fellow Republicans “shouldn’t jump to conclusions, particularly with, you know, overheated rhetoric.” Gingrich spokesman Rick Tyler says Gingrich made his own decision to tone down his rhetoric, and was not asked by other Republicans to do so. Gingrich hopes to “reset the argument,” Tyler says, but notes that “nothing has changed in the structure of his argument, he is just retracting the word racist.” Conservative radio host Rush Limbaugh says that the attacks on Sotomayor should continue, and says he doesn’t know why Gingrich is backing off. “I didn’t know why he had retracted it, and I still don’t,” he says. “I have my own theory about what Newt’s doing, but since I’m not doing it, I’m not going to comment.” Curt Levey of the conservative legal group Committee for Justice says: “The fact that the most extreme voices have softened I think is good. It’s good. We have to keep the debate civil. Republican senators should be keeping an open mind.… Calling her a racist was a racially insensitive remark. Frankly all we can do at this point is raise questions about her.” Levey has called Sotomayor an intellectual “lightweight” (see May 26, 2009). (Barr 6/4/2009) Concurrently with the Republican lawmakers’ public statements towards moderating the attacks on Sotomayor, an aide to Senate Minority Leader Mitch McConnell (R-KY), Lanier Swann, advises conservative activists to keep up their pressure on Sotomayor. The aide gives the advice during a weekly meeting of influential conservative activists, radio hosts, and others hosted by veteran Washington activist Grover Norquist. “Swann told us she wanted to encourage all of us in our talking points and that we’re having traction among Republicans and unnerving Democrats,” says one attendee. “The point was we should keep it up. She told us at this meeting to put our foot on the pedal.” A second attendee confirms the account. A spokesman for McConnell says he is sure Swann did not call for further attacks. (Bolton 6/3/2009)

Pam Farnsworth, the marketing director for Tea Party Nation, asks on Twitter, “Where’s the birth certificate?” referring to President Obama’s supposed lack of a valid birth certificate (see June 13, 2008) and accusations that he is ineligible to be president because of his lack of American citizenship. Farnsworth also writes: “New bill would make Obama a US natural-born citizen. Doesn’t the Constitution mandate he already be one to hold office?” (Burghart and Zeskind 10/19/2010)

Republican National Committee chairman Michael Steele implies that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) has racist tendencies, a week after urging fellow Republicans to stop “slammin’ and rammin’” Sotomayor over the issue of race and deal with her nomination on the issues (see May 29, 2009). While guest-hosting William Bennett’s radio show, Steele discusses criticisms that have been made of Sotomayor. “[T]he comments that she made that have been played up about, you know, the Latina woman being a better judge than the white male is something that she has said on numerous occasions,” Steele tells a caller (see October 26, 2001). “So this was not just the one and only time it was said. They’ve now found other evidences and other speeches… that she has made mention of this, this fact that her ethnicity, that her cultural background puts her in a different position as a judge to judge your case.… And God help you if you’re a white male coming before her bench.” A recent analysis of Sotomayor’s decisions as a judge in race-based cases proves that she does not discriminate against white plaintiffs (see May 29, 2009). (Corley 6/5/2009) Four days later, Steele will defend his remarks. “Well, that’s not inflammatory,” he tells a CNN audience. “It’s based off of what—the inference that she left and what she said. You know, if you have a judge, where you have a situation where you have—you’re going before a trier of fact, and the trier of fact is on record as saying that this individual’s background experience is better positioned to make a decision than someone else, that gives one pause. And so my view of it was, in looking at it, you’re now segregating out white men by your comments. So, God help you if you’re a white male. If you’re seeking justice, this may not be the bench you want to go before.” (Corley 6/10/2009)

In a phone interview from jail with the Associated Press, Scott Roeder, who is charged with first degree murder in the shooting death of late-term abortion provider George Tiller (see May 31, 2009), complains, “I haven’t been convicted of anything, and I am being treated as a criminal.” Roeder objects to the media attention received by his family, and says, “I appreciate your prayers.” (Gilbert 6/5/2009) He also complains about “deplorable conditions in solitary,” saying he is worried about contracting pneumonia because his cell is cold and he needs a CPAP machine for his sleep apnea. (Kennedy 6/7/2009)

Jeff Sessions (R-AL), the ranking Republican on the Senate Judiciary Committee, says he intends to be fair to Supreme Court nominee Sonia Sotomayor (see May 26, 2009) when she appears before the committee for confirmation to the bench. Sessions says he knows how it feels to be accused of racism (see May 26, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, May 29, 2009, June 2, 2009, June 3, 2009, and June 5, 2009) because he weathered such accusations when he was turned down for a federal judgeship in 1986. As a US attorney in Alabama, Sessions had demonstrably shown bias during his prosecution of civil rights activists for voting fraud, called the NAACP an “un-American” and “Communist” organization, called a black attorney “boy” and warned him to “be careful what you say to white folks,” and expressed his admiration for the Ku Klux Klan. None of those assertions were true, Sessions now says, claiming he was “caricatured,” even though at the time, multiple witnesses made the claims. Then, Sessions says, he couldn’t counter “the message” that he was a racist. While he does not directly repudiate the accusations of racism leveled against Sotomayor, he recently told her, “You will get a fair hearing before this committee.” (Wildman 12/30/2002; CNN 6/5/2009)

A press investigation reveals that corporate interests are behind a supposedly grassroots effort to block Supreme Court nominee Sonia Sotomayor (see May 26, 2009) from ascending to the high court. Raw Story reporters Larisa Alexandrovna and Muriel Kane have learned that the Committee for Justice (CFJ), an organization they call “an astroturf group established by big business in July 2002 to create an appearance of popular support for President Bush’s judicial nominees,” is taking the lead in the effort to oppose the Sotomayor nomination. The head of the CFJ, Curt Levey, lambasted Sotomayor as an “intellectual lightweight” the day of her nomination (see May 26, 2009), and has made regular media appearances since then attacking her as racist and biased. CFJ was created in 2002 by Senator Trent Lott (R-MS), who recruited Washington lawyer C. Boyden Gray to “create a fake grassroots organization” to support conservative, pro-business jurists such as Charles Pickering and Chief Justice John Roberts. Gray, a former White House counsel, received the support of former President George H. W. Bush, Republican political adviser Karl Rove, and former Republican National Committee chairman Haley Barbour. Gray has a strong history of creating “astroturf” organizations, which are lobbying and activist groups supposedly founded and led by ordinary citizens but that in fact are created and funded by large political and corporate interests. CFJ is one of the most successful of these creations, and has often been successful in placing pro-business judges on the bench. CFJ and other astroturf organizations founded or assisted by Gray have been funded by, among other firms, Wal-Mart, Home Depot, insurance giant AIG, and the Ameriquest Capital Corporation, receiving over $100 million since 1998. CFJ’s board includes Stan Anderson, the legal advisor to the Chamber of Commerce; John Engler, the president of the National Association of Manufacturers; former Republican governor Frank Keating, now president of the American Council of Life Insurers; and former Republican Senator Connie Mack. (Alexandrovna and Kane 6/5/2009)

Wesley Pruden, the editor emeritus of the conservative Washington Times, accuses President Obama of being “our first president without an instinctive appreciation of the culture… whence America sprang.” Pruden accuses Obama of going to Germany to apologize for America’s role in defeating that nation during World War II, says that Obama portrays himself as a Muslim while overseas, implies that Obama supports Islamic “sharia” law, claims that Obama routinely “grovels” to foreign leaders, and concludes: “Mr. Obama’s revelation of his ‘inner Muslim’ in Cairo reveals much about who he is. He is our first president without an instinctive appreciation of the culture, history, tradition, common law, and literature whence America sprang. The genetic imprint writ large in his 43 predecessors is missing from the Obama DNA. He no doubt meant no offense in returning that bust of Churchill (‘Who he?’) (see June 29, 2009).… The great Cairo grovel accomplished nothing beyond the humiliation of the president and the embarrassment of his constituents, few of whom share his need to put America on its knees before its enemies. No president before him has ever shamed us so. We must never forget it.” (Pruden 6/5/2009)

Phoning the Associated Press from his jail cell, Scott Roeder, the suspect in the murder of late-term abortion provider George Tiller (see May 31, 2009), says, “I know there are many other similar events planned around the country as long as abortion remains legal.” He refuses to elaborate. A Justice Department spokesperson says the threat is being taken seriously, but Troy Newman, president of the anti-abortion organization Operation Rescue, dismisses it, saying, “This guy is a lunatic.” (Hegeman 6/7/2009) In response, Judge Warren Wilbert raises Roeder’s bond amount from $5 million to $20 million, citing concerns that Roeder could “perpetuate, participate or enact any more violence on his own or in concert with others.” The judge explains that his decision is influenced in part by police having discovered weapons and explosives in his possession in 1996, which he said he planned to use on an abortion clinic (see April 16, 1996). (Hegeman 6/14/2009)

Former House Speaker Newt Gingrich, who recently seemed to retract his characterization of Supreme Court nominee Sonia Sotomayor as a “racist” (see May 27, 2009 and June 3, 2009), now calls Sotomayor a “racialist.” On CBS News’s Face the Nation, Gingrich says: “When I did a Twitter about her, having read what she said, I said that was racist—but I applied it to her as a person. And the truth is I don’t know her as a person. It’s clear that what she said was racist, and it’s clear—or as somebody wrote recently, ‘racialist’ if you prefer.” (Shakir 6/7/2009)

Former First Lady Laura Bush says some positive things about Supreme Court nominee Sonia Sotomayor (see May 26, 2009). On ABC’s Good Morning America, Bush says: “I think she sounds like a very interesting and good nominee.… As a woman, I’m proud there might be another woman on the Court. So we’ll see what happens, but I wish her well.” (Shakir 6/8/2009) Bush’s comments stand in contrast to some conservatives’ gender-based attacks on Sotomayor (see May 26, 2009, May 28, 2009, and June 5, 2009).

Flowers adorn the sidewalk outside George Tiller’s clinic in Wichita, Kansas, laid in his memory.Flowers adorn the sidewalk outside George Tiller’s clinic in Wichita, Kansas, laid in his memory. [Source: AP: Charlie Riedel]The family of George Tiller, a doctor who provided late-term abortions as part of his practice before being murdered (see May 31, 2009), decides that his Wichita, Kansas, clinic will be closed permanently. Nebraska doctor LeRoy Carhart, who worked at the clinic, said he was willing to continue, but the decision is the family’s. Warren Hern, one of the few remaining doctors in the US who performs late-term abortions, says: “This is what they want, they’ve been wanting this for 35 years. The anti-abortion fanatics have to shut up and go home. They have to back off and they have to respect other people’s point of view. This is a national outrage.” Randall Terry, original founder of the anti-abortion group Operation Rescue, says, “Good riddance,” and predicts that Tiller’s clinic will be remembered similarly to Nazi death camps. In a statement, the Tiller family says, “We are proud of the service and courage shown by our husband and father and know that women’s health care needs have been met because of his dedication and service.” (Hegeman 6/9/2009)

After meeting one-on-one with Supreme Court nominee Sonia Sotomayor (see May 26, 2009), Senator Mel Martinez (R-FL) predicts that she will be confirmed “with pretty good numbers” and will “fit in” well on the Court. Martinez, like Sotomayor a Hispanic, says he is not concerned about her “wise Latina” comments from 2001 (see October 26, 2001). He knows of no evidence that shows she has ever let her heritage or personal feelings influence her judicial decisions (see May 29, 2009). “For someone who is of Latin background, personally, I understand what she is trying to say,” Martinez comments. “Which is, the richness of her experience forms who she is. It forms who I am.” (CNN 6/9/2009)

Stormfront logo.Stormfront logo. [Source: Stormfront (.org)]Journalist and media observer Greg Mitchell reports on the reaction on an extreme-right Web site to the museum shooting by white supremacist James von Brunn (see June 10, 2009 and After). Mitchell pays a visit to the Web site of the neo-Nazi organization Stormfront, and finds that an apparently lively discussion thread about the shooting has already been shut down; one poster says that the thread was closed because commentators were overly supportive of the shooting. Other threads, including what Mitchell calls “years-old tributes” to von Brunn, are still active. Many of the comments are critical of the shooting because of the negative publicity sure to ensue from it. Other comments are neutral. Some posters call von Brunn a “victim of Jewish extremism,” setting off a number of anti-Semitic responses. One poster writes that “von Brunn was trying to send a powerful and courageous message,” and someone else writes: “Heroes refuse to go out with a whimper. An example to all of us.” One poster writes: “I am watching the media try to pull to heart strings of white Americans who are watching. Remember if you ever question whats going around you you’ll eventually be led to psychotic acts of violence.” And other posters predict that the shooting, and the subsequent publicity, “will do some recruiting for us.” (Mitchell 6/10/2009)

James von Brunn.James von Brunn. [Source: UPI / TPM Muckraker]James von Brunn, an 88-year-old man with a long history of violence and anti-Semitism, opens fire inside Washington’s Holocaust Museum. Von Brunn kills a security guard, Stephen T. Johns, before being brought down by fire from other security guards. Von Brunn is hospitalized in critical condition. Von Brunn brought a .22 rifle into the museum and began shooting almost immediately upon entering the building. (WJLA-TV 6/10/2009; Sisk and Kennedy 6/11/2009) The New York Daily News identifies von Brunn as a “neo-Nazi.” (Sisk and Kennedy 6/11/2009)
Targeting Jewish White House Official - Von Brunn has a list of nine locations in his car, including the White House, the US Capitol, and media outlets such as Fox News and the Washington Post. (WJLA-TV 6/10/2009) A note in a notebook found in the car reads: “You want my weapons, this is how you’ll get them. The Holocaust is a lie. Obama was created by Jews. Obama does what his Jew owners tell him to do.” In September 2010, the press will learn that von Brunn intended to kill President Obama’s senior adviser David Axelrod, a Jew. Von Brunn did not believe he could get to Obama, authorities will later confirm, but he had the “motive, means, and intent” to kill Axelrod, one of Obama’s closest aides. Axelrod will be given special Secret Service protection. (Taylor and Nasaw 6/11/2009; Gellman 9/30/2010; Sladja 9/30/2010)
Shock, Sadness Mark Reactions - Within hours, President Obama and a number of political and cultural organizations will express their shock and sorrow over the shooting (see June 10-11, 2009).
Long History of Violence, White Supremacist Ties, and Anti-Semitism - Von Brunn maintains a Web site, “holywesternempire.org,” described by reporters as “racist [and] anti-Semitic,” and is the author of a book, Kill the Best Gentiles, which alleges a Jewish “conspiracy to destroy the white gene pool.” Von Brunn served six years in prison for a 1981 attempt to kidnap members of the Federal Reserve Board. (On his Web site, he complained of being convicted by a “Jew/Negro” conspiracy of lawyers and judicial officials.) His Web site alleges that the Holocaust is a hoax, and calls Nazi Germany the “cultural gem of the West.” The FBI is investigating the shooting as a possible hate crime or a case of domestic terrorism. The Southern Poverty Law Center (SPLC) lists von Brunn’s Web site as a hate site. (WJLA-TV 6/10/2009; NBC New York 6/11/2009; Hall, Bello, and Heath 6/11/2009) “We’ve been tracking this guy for decades,” says SPLC official Heidi Beirich. “He thinks the Jews control the Federal Reserve, the banking system, that basically all Jews are evil.” (Associated Press 6/10/2009) Von Brunn’s son, Erik von Brunn, says his father’s virulent racism and anti-Semitism has blighted their family for years. In a statement, he writes: “For the extremists who believe my father is a hero: it is imperative you understand what he did was an act of cowardice. His actions have undermined your ‘movement,’ and strengthened the resistance against your cause. He should not be remembered as a brave man or a hero, but a coward unable to come to grips with the fact he threw his and his families lives away for an ideology that fostered sadness and anguish.” (Turgue 6/14/2009) Further investigation turns up evidence that Von Brunn has connections to white supremacist organizations and anti-government groups. In 2004, von Brunn stayed for four days in Hayden, Idaho, with Stan Hess, then the representative for white supremacist David Duke’s European rights group. Hess recalls von Brunn as being “very angry about society and the Jewish influence at the Federal Reserve.” Von Brunn, Hess says, alluded to violence but never spoke specifically about a target. (NBC New York 6/11/2009; Hall, Bello, and Heath 6/11/2009) FBI investigators find a painting of Adolf Hitler and Jesus Christ standing together in von Brunn’s home. They also find more firearms, and child pornography on his computer. (MyFoxDC 6/17/2009; Wilber 6/19/2009) Von Brunn also has ties to the far-right, white supremacist British National Party, and had attended meetings of the American Friends of the British National Party. (Taylor and Nasaw 6/11/2009)
Eradicating Evidence of Support - Within hours of the murder, Web sites featuring von Brunn’s work begin removing his material from their pages; some of those sites are operated by organizations whose members had praised and supported von Brunn’s white supremacist and anti-Obama statements (see June 10-11, 2009).
Connections to Anti-Obama 'Birther' Movement - Von Brunn has also written about his belief that Obama is at the heart of a conspiracy to cover up his Kenyan citizenship (see October 8-10, 2008). Reporter Ben Smith writes, “The penetration of the birther mythology into the violent fringe has to be a worry for the Secret Service, because at it’s heart, it’s about denying Obama’s legitimacy to hold the office of president.” (Smith 6/10/2009; Hall, Bello, and Heath 6/11/2009)
Indicted for Murder, Dies before Trial - Von Brunn will be indicted for first-degree murder in the death of Johns. (Wilber 7/29/2009) However, he will die in prison before his trial can commence. (BBC 1/6/2010)

Within hours of the murder of a security guard by white supremacist James von Brunn (see June 10, 2009 and After), Web sites that had praised von Brunn’s cultural and political stances begin removing his material. Wikipedia had already eradicated his user page and changes because, according to a spokesman, von Brunn violated the site’s policy on hate speech. An art site removes posts from von Brunn, including an image of a painting he created. (Mackey 6/10/2009) The progressive Internet news site Talking Points Memo finds a cached copy of a December 2008 anti-Obama post by Von Brunn on the far-right Free Republic news and commentary site; Free Republic had removed it from its listings soon after the shooting became known. Von Brunn’s post garnered over 200 responses, almost all positive and supportive. (Roth 6/10/2009)

Hours after a white supremacist kills a security guard in the Washington, DC, Holocaust Museum (see June 10, 2009 and After), White House press secretary Robert Gibbs says that President Obama is “obviously saddened by what has happened.” The next day, Obama says: “We have lost a courageous security guard who stood watch at this place of solemn remembrance. This outrageous act reminds us that we must remain vigilant against anti-Semitism and prejudice. No American institution is more important to this effort than the Holocaust museum.” A week before, on a visit to the site of a Nazi concentration camp at Buchenwald, Germany, Obama said: “There are those who insist the Holocaust never happened.… This place is the ultimate rebuke to such thoughts, a reminder of our duty to confront those who would tell lies about our history.” Israeli government official Yuli Edelstein says the shooting is “further proof that anti-Semitism and Holocaust denial have not passed from the world.” And the Council on American-Islamic Relations, a prominent American Muslim organization, says in a statement, “We condemn this apparent bias-motivated attack and stand with the Jewish community and with Americans of all faiths in repudiating the kind of hatred and intolerance that can lead to such disturbing incidents.” (WJLA-TV 6/10/2009; NBC New York 6/11/2009; Hall, Bello, and Heath 6/11/2009)

Former President George H. W. Bush condemns the right-wing attacks against Supreme Court nominee Sonia Sotomayor (see May 26, 2009), speaking out specifically against the charges that she has racist tendencies (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, June 2, 2009, June 5, 2009, and June 7, 2009). “I don’t know her that well but I think she’s had a distinguished record on the bench and she should be entitled to fair hearings,” he says. “Not—[it’s] like the senator John Cornyn said it (see May 28-31, 2009). He may vote for it, he may not. But he’s been backing away from these… backing off from those radical statements to describe her, to attribute things to her that may or may not be true.… And she was called by somebody a racist once. That’s not right. I mean that’s not fair. It doesn’t help the process. You’re out there name-calling. So let them decide who they want to vote for and get on with it.” (Terkel 6/12/2009)

Conservative author and pundit Pat Buchanan continues the argument that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) is a product of “affirmative action” (see May 28, 2009, May 29, 2009, and May 31, 2009). “By her own admission, Sotomayor is an ‘affirmative action baby,’” Buchanan writes, referring to a panel discussion from the early 1990s where she called herself a “product of affirmative action.” Buchanan writes that her stellar academic record, including graduating at the top of her class at both Princeton and Yale, is “a fraud from beginning to end, a testament to Ivy League corruption.… Sotomayor got into Princeton, got her No. 1 ranking, was whisked into Yale Law School and made editor of the Yale Law Review—all because she was a Hispanic woman. And those two Ivy League institutions cheated more deserving students of what they had worked a lifetime to achieve, for reasons of race, gender, or ethnicity. This is bigotry pure and simple. To salve their consciences for past societal sins, the Ivy League is deep into discrimination again, this time with white males as victims rather than as beneficiaries. One prefers the old bigotry. At least it was honest, and not, as Abraham Lincoln observed, adulterated ‘with the base alloy of hypocrisy.’” (Buchanan 6/12/2009; Media Matters 6/14/2009)

Dan Monnat, who acted as George Tiller’s attorney until the late-term abortion provider was murdered (see May 31, 2009), discusses his relationship with Tiller, and the fears and threats leading up to the murder, in a lengthy interview with the Wichita Eagle. One observation he makes is that, since Barack Obama came into office, federal authorities have been more attentive to complaints of vandalism against abortion clinics. “I think there had been other requests during the previous administration for Dr. Tiller’s clinic to be protected under the FACE [Freedom of Access to Clinic Entrances] Act and nobody had done anything,” he says. However, when clinic staff reported vandalism on May 1 that showed “a little more cloak and dagger planning and sophistication” than most acts of vandalism, according to Monnat, the FBI opened an investigation (see June 2, 2009). Federal authorities say they will investigate a possible conspiracy in the Tiller murder. (Sylvester 6/13/2009)

After announcing plans to commemorate the death and clinic closing of murdered late-term-abortion-providing OB/GYN George Tiller (see May 31, 2009) by laying flowers at the clinic building, hardline anti-abortion group Operation Rescue changes the location of the event to its Wichita headquarters due to an announced counter-protest by abortion rights supporters. However, about ten abortion opponents return to the clinic in the evening to lay hundreds of flowers, after the abortion rights supporters have left. (Operation Rescue 6/20/2009) Marla Patrick, state co-ordinator for the National Organization for Women, which organized the counter-protest, says: “Our original intent was to prevent them from doing their proverbial dance on a murdered man’s grave. The fact they changed plans tells me we were successful.” (Hegeman 6/20/2009) Suspicions persist of murder suspect Scott Roeder’s connection with Operation Rescue (see May 31, 2009).

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