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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]
Liz Cheney, a former State Department official and the daughter of former Vice President Dick Cheney, defends the Bush administration’s practices of torture by denying that anything authorized by the administration was, in fact, torture. Cheney, interviewed on MSNBC, is responding to the issues raised by the recent Senate Armed Services Committee report on Bush-era torture policies (see April 21, 2009). “The tactics are not torture, we did not torture,” she says. To bolster her denial, Cheney says that the tactics are not torture because they were derived from training methods employed in the SERE program (see December 2001, January 2002 and After, and July 2002). “Everything that was done in this program, as has been laid out and described before, are tactics that our own people go through in SERE training,” Cheney says. “We did not torture our own people. These techniques are not torture.” Progressive news Web site Think Progress notes that in the May 30, 2005 torture memo (see May 30, 2005), then-Justice Department official Steven Bradbury wrote, “Individuals undergoing SERE training are obviously in a very different situation from detainees undergoing interrogation; SERE trainees know it is part of a training program, not a real-life interrogation regime, they presumably know it will last only a short time, and they presumably have assurances that they will not be significantly harmed by the training.” [Think Progress, 4/23/2009]
Jordan’s King Abdullah, during an interview on NBC, says the US indeed tortured prisoners during the last administration. “Well, from what we’ve seen and what we’ve heard, there are enough accounts to show that this is the case,” Abdullah says. Interviewer David Gregory says: “That’s an important point. You actually do believe that the United States engaged in torture.” Abdullah responds, “What I see on the press… shows that there were illegal ways of dealing with detainees.” [Think Progress, 4/25/2009]
House Minority Leader John Boehner, protesting the release of a Senate report on the torture of prisoners in US custody (see April 21, 2009), acknowledges, probably inadvertently, that the techniques used on those prisoners amounted to torture. “Last week, they released these memos outlining torture techniques,” Boehner tells reporters. “That was clearly a political decision and ignored the advice of their director of national intelligence and their CIA director.” Boehner says the report’s release is “inappropriate” because it will alert enemies as to the kind of tactics being used, and because knowledge of the techniques being used could “denigrate” the US and its allies. “This is another sideshow here in Washington,” Boehner says, referring to the ongoing controversy surrounding torture. “When it comes to what our interrogation techniques are going to be or should be, I’m not going to disclose, nor should anyone have a conversation about what those techniques ought to be. It’s inappropriate. All it does is give our enemies more information about us than they need.” Boehner cites the 9/11 attacks as justification for the use of torture, and for keeping knowledge of torture programs secret. Boehner’s spokesman Michael Steel later attempts to clarify Boehner’s use of the word “torture,” saying: “It is clear from the context that Boehner was simply using liberals’ verbiage to describe these interrogation techniques. The United States does not torture.” [Huffington Post, 4/24/2009]
Former House Speaker Newt Gingrich (R-GA), a likely candidate for the 2012 Republican presidential candidacy, refuses to say whether waterboarding is or is not torture. Interviewed on Fox News, Gingrich calls the release of the four Bush-era Justice Department memos authorizing and defending torture (see April 16, 2009) “a big mistake,” but adds, “I want to see the United States run the risk, at times, of not learning certain things in order to establish a standard for civilization.” When asked if waterboarding is torture, Gingrich refuses to give a straight answer. “I think it’s something we shouldn’t do,” he says, but then adds: “Lawyers I respect a great deal say it is absolutely within the law. Other lawyers say it absolutely is not. I mean, this is a debatable area.” When asked if waterboarding violates the Geneva Conventions, Gingrich again demurs, saying, “I honestly don’t know.” He then says, “I think—I think that there—I am exactly where Senator [John] McCain was.” McCain has long opposed the use of torture (see July 24, 2005 and After, October 1, 2005, November 21, 2005, December 13, 2005, December 15, 2005, and April 20, 2009). [Think Progress, 4/26/2004]
New York Times editor Clark Hoyt, in a column entitled “Telling the Brutal Truth,” writes of the lengthy discussions among Times editors and staffers on using the term “torture” in their reports and editorials. Hoyt writes that the term is not used in news reports, though it is in editorials. “Until this month,” he writes, “what the Bush administration called ‘enhanced’ interrogation techniques were ‘harsh’ techniques in the news pages of the Times. Increasingly, they are ‘brutal.’” He characterizes the decision to use, or not use, the word “torture” as an example of “the linguistic minefields that journalists navigate every day in the quest to describe the world accurately and fairly.” He notes that the final decision—to rely on the adjective “brutal”—“displeas[es] some who think ‘brutal’ is just a timid euphemism for torture [as well as] their opponents who think ‘brutal’ is too loaded.”
Reader Criticism - Hoyt notes that some readers have criticized the Times for its lack of “backbone” in not using the term “torture” in its reporting, with one writing that by refusing to use the term, “you perpetuate the fantasy that calling a thing by something other than its name will change the thing itself.” Others say that even using the word “brutal” is “outrageously biased.”
'Harsh' Not Accurately Descriptive - Hoyt notes that in the process of editing an April 10 news report on the CIA’s closing of its network of secret overseas prisons (see April 10, 2009), reporter Scott Shane and editor Douglas Jehl debated over the wording of the first paragraph. Jehl had written that the interrogation methods used in the prisons were “widely denounced as illegal torture,” a phrase Jehl changed to “harshest interrogation methods.” Shane argued that the term “harshest” was not strong enough, and the two agreed to use the word “brutal.” After reading the recently released Justice Department torture memos (see April 16, 2009), managing editor Jill Abramson said a new and stronger term needed to be used. “Harsh sounded like the way I talked to my kids when they were teenagers and told them I was going to take the car keys away,” she says. She, too, came down in favor of “brutal” after conferring with legal experts and Washington bureau chief Dean Baquet. But senior editors have all agreed that the word torture will not be used except in quoting others’ descriptions of the methods. “I have resisted using torture without qualification or to describe all the techniques,” Jehl says. “Exactly what constitutes torture continues to be a matter of debate and hasn’t been resolved by a court. This president and this attorney general say waterboarding is torture, but the previous president and attorney general said it is not. On what basis should a newspaper render its own verdict, short of charges being filed or a legal judgment rendered?” [New York Times, 4/25/2009]
Accusation of Bias, Semantic Games - Media critic Brad Jacobson accuses Hoyt and the Times staff of engaging in meaningless semantic wordplay instead of labeling torture as what it is, and notes that Hoyt seems to admit that public opinion, not journalistic standards, has determined what terms the Times will and will not use. Jacobson writes: “1) If the Times called techniques such as waterboarding torture in its reporting, which it should based on US and international law, legal experts, historians, military judges, combat veterans, and human rights organizations, and described, however briefly, what that torture entailed, then the use of modifying adjectives such as ‘harsh’ or ‘brutal’ would not only be superfluous but, in a news story, better left out; and 2) isn’t the Times (along with any news outlet that has failed to report these acts as torture) directly responsible in some way for inspiring the kind of response it received from readers [who objected to the term ‘brutal’]? If readers are not provided the facts—a) waterboarding is torture and b) torture is illegal—while Times editors are simultaneously ascribing arbitrary descriptors to it like ‘brutal’ or ‘harsh,’ then the Times is not only denying its readers the necessary information to understand the issue but this denial may also lead directly to accusations of bias.” He also notes that Jehl censored Shane’s story to eliminate the reference to the methods being “widely denounced as illegal torture,” and asks why Abramson discussed the matter with legal experts rather than determining if waterboarding, physical assaults, and other techniques do indeed qualify as torture under the Geneva Conventions, the Convention Against Torture (see October 21, 1994), and other binding laws and treaties. [Raw Story, 4/26/2009]
Entity Tags: Douglas Jehl, Central Intelligence Agency, Brad Jacobson, Clark Hoyt, Dean Baquet, Scott Shane, Convention Against Torture, Jill Abramson, Geneva Conventions, US Department of Justice, New York Times
Timeline Tags: Torture of US Captives
As calls mount for the impeachment of Judge Jay Bybee (see April 21, 2009), who signed off on two key Bush-era torture memos as the head of the Justice Department’s Office of Special Counsel (see August 1, 2002 and August 1, 2002), some friends of Bybee’s say that he now regrets signing the memos. “I’ve heard him express regret at the contents of the memo,” says a fellow legal scholar who refuses to allow his name to be published. “I’ve heard him express regret that the memo was misused. I’ve heard him express regret at the lack of context—of the enormous pressure and the enormous time pressure that he was under. And anyone would have regrets simply because of the notoriety.” The scholar adds: “On the primary memo, that legitimated and defined torture, he just felt it got away from him. What I understand that to mean is, any lawyer, when he or she is writing about something very complicated, very layered, sometimes you can get it all out there and if you’re not careful, you end up in a place you never intended to go. I think for someone like Jay, who’s a formalist and a textualist, that’s a particular danger.” Democratic lawmakers complain that Bybee won quick Senate confirmation for his judgeship (see February 5, 2003) in part because he did not discuss the memos during his confirmation hearings. Patrick Leahy (D-VT), the chairman of the Senate Judiciary Committee, says, “If the Bush administration and Mr. Bybee had told the truth, he never would have been confirmed.” Leahy says that now, “the decent and honorable thing for him to do would be to resign.” ACLU senior official Jameel Jaffer says that whatever regrets or caveats Bybee may be experiencing are moot. “I don’t think the August 2002 memos reflect serious attempts to grapple in good faith with the law,” Jaffer says. “These are documents that are meant to justify predetermined ends. They’re not objective legal memos at all.” [Washington Post, 4/25/2009; Think Progress, 4/25/2009]
The CIA tortured and brutalized prisoners for at least seven years without attempting to assess whether such tactics actually resulted in the acquisition of good intelligence, the press reports. Calls to conduct such an assessment of the agency’s “enhanced interrogation techniques” began as early as 2003, when the CIA’s inspector general began circulating drafts of a report that raised serious concerns about the various torture techniques being employed (see May 7, 2004). Neither the inspector general’s report or later studies examined the effectiveness of the interrogation tactics, or attempted to verify the assertions of CIA counterterrorism officials who insisted that the techniques were essential to the program’s results. “Nobody with expertise or experience in interrogation ever took a rigorous, systematic review of the various techniques—enhanced or otherwise—to see what resulted in the best information,” says a senior US intelligence official involved in overseeing the interrogation program. As a result, there was never a determination of “what you could do without the use of enhanced techniques,” the official says. Former Bush administration officials say the failure to conduct such an examination was part of a broader reluctance to reexamine decisions made shortly after the 9/11 attacks. The Defense Department, Justice Department, and CIA “all insisted on sticking with their original policies and were not open to revisiting them, even as the damage of these policies became apparent,” according to John Bellinger, then the legal advisor to former Secretary of State Condoleezza Rice, referring to burgeoning international outrage. “We had gridlock,” Bellinger says, calling the failure to consider other approaches “the greatest tragedy of the Bush administration’s handling of detainee matters.” [Los Angeles Times, 4/25/2009]
Senator and former presidential candidate John McCain (R-AZ), a strong opponent of torture (see July 24, 2005 and After, October 1, 2005, November 21, 2005, December 13, 2005, December 15, 2005, and April 20, 2009), says that the US must “move on” from the Bush era of torture and not investigate the Bush administration’s torture policies. McCain refuses to support Democratic calls to impeach former Justice Department official Jay Bybee, who authored several of the torture memos (see August 1, 2002 and August 1, 2002), even as he acknowledges Bybee broke the law. McCain says: “He falls into the same category as everybody else as far as giving very bad advice and misinterpreting, fundamentally, what the United States is all about, much less things like the Geneva Conventions. Look, under President Reagan we signed an agreement against torture. We were in violation of that.” McCain says that “no one has alleged, quote, wrongdoing” on the part of Bush officials such as Bybee, saying only that they gave “bad advice” to Bush and other senior officials. [Think Progress, 4/26/2009]
Der Spiegel reports new evidence proving that the CIA ran a secret prison in Poland and tortured prisoners there. The prison is identified as the Polish military airbase of Stare Kiejkuty, about an hour’s drive north of the Szymany military airbase. One of the most well-known of the “high-value” prisoners kept there was accused 9/11 plotter Khalid Shaikh Mohammed, who was tortured (see March 7 - Mid-April, 2003) and waterboarded (see After March 7, 2003) in the facility. A Gulfstream N379P jet, known to Polish investigators as the “torture taxi,” landed at least five times at Szymany between February and July 2003. According to Der Spiegel, “Flight routes were manipulated and falsified for this purpose and, with the knowledge of the Polish government, the European aviation safety agency Eurocontrol was deliberately deceived.” A witness told the public prosecutor’s office in Warsaw of seeing people wearing handcuffs and blindfolds being led from the aircraft at Szymany, far from the control tower. The witness said it was always the same individuals and the same civilian vehicles that stood waiting on the landing field. Mohammed told delegates from the International Committee of the Red Cross (ICRC) that most of the group at the airfield wore ski masks, presumably to avoid being identified. “On arrival the transfer from the airport to the next place of detention took about one hour,” he told the ICRC. “I was transported sitting on the floor of a vehicle. I could see at one point that there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet-X people.” Robert Majewski, the Warsaw public prosecutor who took the witness statement cited above, has been investigating former Polish Prime Minister Leszek Miller’s government on allegations of abuse of office. One of the issues surrounding the Miller administration is its alleged secret cooperation with the CIA, and its alleged granting of free rein to the agency over the Stare Kiejkuty military base for its extraterritorial rendition program and torture interrogations. Majewski is also investigating whether the Polish intelligence agency, WSI, made 20 of its agents available to the CIA. Recently, two Polish journalists, Mariusz Kowalewski and Adam Krzykowski, have discovered flight record books from Szymany that had been declared lost. Based on these documents, and on a number of interviews with sources, the two journalists have put together a patchwork of evidence pointing to the CIA’s use of Stare Kiejkuty for secret rendition and torture purposes. They say that they lack a final piece of proof—that CIA interrogator Deuce Martinez, one of the primary interrogators of Mohammed, was in Poland at the time of Mohammed’s detention in Stare Kiejkuty. Rumors abound of Martinez’s presence, but Kowalewski and Krzykowski lack the evidence to prove it. Much of Kowalewski and Krzykowski’s reporting has been confirmed by a 2007 investigation conducted by the special investigator for the Council of Europe, Dick Marty. A WSI official told the Marty investigators, “The order to give the CIA everything they needed came from the very top, from the president,” meaning former President Aleksander Kwasniewski, who denies the allegation. The CIA has always denied any knowledge of, or involvement with, such a facility. [Der Spiegel (Hamburg), 4/27/2009]
Entity Tags: Khalid Shaikh Mohammed, Der Spiegel, Central Intelligence Agency, Aleksander Kwasniewski, Adam Krzykowski, Deuce Martinez, International Committee of the Red Cross, Dick Marty, Robert Majewski, Leszek Miller, Mariusz Kowalewski, Eurocontrol, Stare Kiejkuty, Wojskowe Sluzby Informacyjne
Timeline Tags: Torture of US Captives
Journalist Steve Benen notes that former President Bush promised that any American who performed torture on prisoners would be prosecuted (see May 5, 2004). In light of Bush’s statement, Benen writes: “‘Full investigation.’ We want to know ‘the truth.’ We believe in ‘justice.’ ‘We act’ in response to allegations of torture. We’re transparent and discuss developments ‘with the media.’ To fail to answer questions is to act like a ‘dictatorship.’ It seems to me if Democrats are looking for an excuse to do the right thing, they don’t have to say much more than, ‘We’re doing what Bush told us to do.’” [Washington Monthly, 4/27/2009]
Chicago Tribune columnist Steve Chapman writes that torture supporters have a far simpler reason for their support than is usually discussed in the media or on Capitol Hill: a fundamental desire for vengeance. Chapman writes that the arguments he has heard “show no regrets or reservations,” and instead summon a variety of justifications: the terrorists do worse than US interrogators do to their captives, saving American lives is more important than respecting the rights of terrorists, etc. “Far from recognizing the need for safeguards and limits on such techniques, they would give the government a free hand to do whatever it chooses,” he writes. But the underlying rationale is far more basic, Chapman writes: “The support stems mainly not from desire to get answers but the urge to inflict pain on people we find vile. Its advocates make it obvious that this cruelty is not an unfortunate byproduct but a positive attribute. That’s why so many people endorse inhumane methods while disregarding any evidence that suggests it is ineffective. Their hatred of our enemies has made them indifferent to civilized norms. They want to see our enemies suffer hideously regardless of whether that enhances or degrades our security. The point of torture is torture. It is not a means to an end. It is the end itself.” [Chicago Tribune, 4/27/2009]
Former prosecutor Mark McKeon, part of the international team of lawyers who prosecuted Serbian war criminal Slobodan Milosevic, writes that just as in 2001, when Milosevic was facing charges of war crimes for torturing and murdering Bosnian and Kosovar citizens, Bush administration officials must be investigated for war crimes in their advocacy and authorization of US torture of suspected terrorists. At the time, McKeon writes, “there was no doubt that Milosevic should be indicted for his responsibility for the torture and cruel treatment of prisoners. As the head of state at the time those crimes were committed, Milosevic bore ultimate responsibility for what happened under his watch.… And yet, seven years later, here we are debating whether we should hold senior Bush administration officials accountable for things they have done in the ‘war on terror.’” The evidence against Milosevic, as it was against senior officials in his government, was damning, McKeon writes. Now, he notes, the US “cannot expect to regain our position of leadership in the world unless we hold ourselves to the same standards that we expect of others. That means punishing the most senior government officials responsible for these crimes. We have demanded this from other countries that have returned from walking on the dark side; we should expect no less from ourselves.… We cannot expect the rest of humanity to live in a world that we ourselves are not willing to inhabit.” [Washington Post, 4/27/2009]
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]
Todd Hinnen. [Source: Corbis James Berglie]Todd Hinnen, the deputy assistant attorney general for law and policy in the Justice Department’s national security division, discusses his team’s focus on the nation’s security needs at a presentation at the Washington Institute for Near East Policy (WINEP). Hinnen says his team does the “30,000 foot level strategic thinking, policy development, and legal analysis” for the Justice Department’s national security work. Hinnen believes that developing an appropriate, long-term legal framework is “essential to effectively combating terrorism for reasons that are both principled and pragmatic.” Hinnen tells the gathering: “It is essential on grounds of principle because the law has defined this nation, a nation of laws, since its founding.… It would be a Pyrrhic victory if, in our struggle to preserve this country against the threat of international terrorism, we sacrificed so central a part of what this country stands for and why it has been a model for the rest of the world. It is essential on grounds of pragmatism because a lawless response to terrorism—one for instance that includes torture, black site prisons, and indefinite detention without due process—undermines our moral credibility and standing abroad, weakens the coalitions with foreign governments that we need to effectively combat terrorism, and provides terrorist recruiters with some of their most effective material.” [Think Progress, 4/28/2009]
Former Bush National Security Adviser and Secretary of State Condoleezza Rice, who has returned to Stanford University to teach political science and serve as a senior fellow at the university’s conservative Hoover Institute [Stanford University News, 1/28/2009] , refuses to take any responsibility for the Bush administration’s torture policies. All she ever did, she tells students, was “convey… the authorization of the administration” (see Late 2001-Early 2002, April 2002 and After, Mid-May, 2002, July 17, 2002, September or October 2002, Summer 2003, May 3, 2004, and April 9, 2008). However, Rice adds, since President Bush authorized the torture program, it was by definition legal, no matter what domestic law or international treaties stipulated. “The president instructed us that nothing we would do would be outside of our obligations, legal obligations under the Convention Against Torture” (see October 21, 1994), she says. “So that’s—and by the way, I didn’t authorize anything. I conveyed the authorization of the administration to the agency, that they had policy authorization, subject to the Justice Department’s clearance. That’s what I did.” Asked if waterboarding constitutes torture, Rice responds: “I just said, the United States was told, we were told, nothing that violates our obligations under the Convention Against Torture. And so by definition, if it was authorized by the president, it did not violate our obligations under the Convention Against Torture.” Ali Frick, a reporter with the progressive news Web site Think Progress, writes in response: “Rice is attempting to hide her central role in approving torture.… Rice’s opinion that a presidential authorization—‘by definition’—grants something legality is deeply disturbing. In fact, the United States—and its president—are bound by US statute and international treaties that ban the use of cruel, humiliating, degrading treatment, the infliction of suffering, and the attempt to extract coerced confessions. Memo to Rice: Bush may have been ‘the Decider,’ but he didn’t have the authority to make an illegal act magically legal.” [Think Progress, 4/30/2009] In the same conversation, Rice seems to say that al-Qaeda poses a greater threat to the US than did Nazi Germany, and again denies that the US ever tortured anyone. A student asks, “Even in World War II facing Nazi Germany, probably the greatest threat that America has ever faced—” and Rice interjects, “Uh, with all due respect, Nazi Germany never attacked the homeland of the United States.” “No, but they bombed our allies—” the student replies, and Rice once again interrupts: “No, just a second, just a second. Three thousand Americans died in the Twin Towers and the Pentagon [referring to the 9/11 attacks].” The student observes, “500,000 died in World War II—” to which Rice replies, “Fighting a war in Europe.” The student continues, ”—and yet we did not torture the prisoners of war.” Rice says, “We didn’t torture anybody here either.” [Think Progress, 4/30/2009]
The US Court of Appeals for the Ninth Circuit reinstates the case of Mohamed v. Jeppesen Dataplan, overruling strong objections from the Obama administration (see February 9, 2009), which argued that the case risked revealing “state secrets.” The New York Times writes that the verdict “deal[s] a blow to efforts by both the Bush and Obama administrations to claim sweeping executive secrecy powers.” Five victims of the CIA’s “extraordinary rendition” program are suing Jeppesen, a subsidiary of Boeing, for assisting the CIA with its transfer flights to and from secret overseas detention sites. The former detainees are joined in their suit by the American Civil Liberties Union (ACLU). A lower court had previously ruled in the government’s favor while President Bush was in office; the Obama administration supported the Bush administration’s position. The logic of the state secrets privilege, the appeals court panel writes, “simply cannot stretch to encompass cases brought by third-party plaintiffs against alleged government contractors for the contractors’ alleged involvement in tortious intelligence activities. Nothing the plaintiffs have done supports a conclusion that their ‘lips [are] to be for ever sealed respecting’ the claim on which they sue, such that filing this lawsuit would in itself defeat recovery.” The ACLU had argued that there was no compelling reason to prevent the victims from bringing suit against a government contractor who allegedly assisted in their torture. The pursuit of those claims would not necessarily endanger state secrets. [Washington Independent, 4/28/2009; New York Times, 4/28/2009]
Government Asked for Immunity from Oversight, Court Finds - Repudiating the state secrets claim in the case, the appeals court adds: “The [government’s position] has no logical limit—it would apply equally to suits by US citizens, not just foreign nationals; and to secret conduct committed on US soil, not just abroad. According to the government’s theory, the Judiciary should effectively cordon off all secret government activities from judicial scrutiny, immunizing the CIA and its partners from the demands and limits of the law.” [Salon, 4/28/2009]
Civil Liberties Advocates Celebrate Verdict - Civil liberties correspondent Daphne Eviatar calls the decision “a huge victory, not only for the five victims themselves, but also for many civil liberties advocates.” Former civil litigator and columnist Glenn Greenwald calls the government’s position a “radical secrecy theory” that should have been repudiated in its entirety. “Today’s decision is a major defeat for the Obama [Justice Department]‘s efforts to preserve for itself the radically expanded secrecy powers invented by the Bush [Justice Department] to shield itself from all judicial scrutiny,” he writes.
Further Actions Possible - The Obama administration has the option to ask for another appeals court hearing, ask that the Supreme Court review the decision, or accept the ruling. Greenwald is certain it will ask for another appeal. [Washington Independent, 4/28/2009; Salon, 4/28/2009]
Judge Jay Bybee, who authored or signed a number of memos authorizing torture while the chief of the Justice Department’s Office of Legal Counsel (OLC—see August 1, 2002, August 1, 2002, and December 2003-June 2004), defends his actions to the New York Times. Bybee has been a federal judge for over five years (see February 5, 2003); many civil libertarians and critics of the Bush administration want him to either step down from the bench or face impeachment (see April 21, 2009), and the Justice Department is investigating his professional conduct (see Before April 22, 2009). In recent days, Bybee’s friends and colleagues have reported his “regrets” over the memos (see April 25, 2009). Now, Bybee says while in hindsight he would have done some things differently, like clarifying and sharpening the analysis of some of his answers to help the public better understand the basis for his conclusions, the memos represent “a good-faith analysis of the law” that properly defined the narrow divide between harsh treatment and torture. Bybee’s memos gave a legal framework for the use of illegal interrogation tactics such as waterboarding, sleep deprivation, and enforced isolation. In a statement, Bybee says: “The central question for lawyers was a narrow one; locate, under the statutory definition, the thin line between harsh treatment of a high-ranking al-Qaeda terrorist that is not torture and harsh treatment that is. I believed at the time, and continue to believe today, that the conclusions were legally correct.” He had the support of other administration lawyers, he says. “The legal question was and is difficult. And the stakes for the country were significant no matter what our opinion. In that context, we gave our best, honest advice, based on our good-faith analysis of the law.” Bybee’s former colleague, law professor Christopher Blakesley, says he challenged Bybee on one of the memos in 2004, shortly after it became public knowledge. “I asked him how he could sign such an awful thing,” Blakesley recalls. Bybee refused to discuss the matter, and the two men have not spoken since. Blakesley says Bybee “has some basic flaws including being very naïve about leaders. He has too much respect for authority and will avoid a confrontation no matter what.” Some law clerks who worked with Bybee after he left the OLC recall him speaking about his involvement in some matters “so awful, so terrible, so radioactive” that he doubted the administration would ever disclose them. One of the then-clerks, Nina Rabin, says she finds Bybee’s position disturbing because he suggests a lawyer can be divorced from the policies being pursued under his legal rubric. “He definitely offered a view that was sanitized,” she says, “and I thought that was disingenuous in that it removed any responsibility on the part of the lawyer for what was happening.” [New York Times, 4/28/2009]
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]
The US Senate rejects an amendment to the US Bankruptcy Code supported by President Barack Obama that would have saved nearly 2 million homeowners facing foreclosure. Sponsored for the second time in as many years by Senate Majority Whip Richard Durbin (D-IL), the controversial amendment would have given judges the power to modify home mortgages, but strong opposition from the banking industry—as well as 39 Republicans and 12 Democrats—prevents passage. The House version of the controversial measure passed in March 2009. Called the ‘cramdown,’ the provision was supported by Obama as a final recourse for people to keep their homes. The amendment was a major priority of congressional Democrats and the Obama administration in a drive to tackle the housing crisis. “[H]ard to believe in a time when we’re facing a banking crisis that many of the banks created—[that the banks] are still the most powerful lobby on Capitol Hill. And they frankly own the place,” Durbin said earlier in the week during an interview with Illinois radio. [ProgressIllinois.com, 4/29/2009; MinnPost.com, 4/30/2009]
Former Nixon White House counsel John Dean says that former Secretary of State Condoleezza Rice may have unwittingly admitted to being part of a criminal conspiracy in regards to the Bush administration’s torture policies. Rice recently told students at Stanford University that she did not authorize any torture policies, she merely forwarded the authorization for them from higher up (see April 28, 2009). Dean tells MSNBC talk show host Keith Olbermann that she may have admitted to a criminal conspiracy. Dean calls Rice’s comments “surprising,” and says she has mired herself in the possibility of legal proceedings. “She tried to say she didn’t authorize anything, then proceeded to say she did pass orders along to the CIA to engage in torture if it was legal by the standard of the Department of Justice,” Dean says. “This really puts her right in the middle of a common plan, as it’s known in international law, or a conspiracy, as it’s known in American law, and this indeed is a crime. If it indeed happened the way we think it did happen.… These kinds of statements are going to come back and be interesting to any investigator.” Dean says that President Obama will stand in violation of the Geneva Conventions if he refuses to prosecute those found responsible for the torture policies. “He is indeed in violation if the United States does not undertake investigation of this, or ultimately prosecution, if that’s necessary,” Dean says. “It’s not only the Geneva Convention, the Convention Against Torture (see October 21, 1994) also requires this. There are no exceptions with torture. There are no real things like ‘torture light.’ The world community I think is going to hold the United States responsible, and if we don’t proceed, somebody is going to proceed.” [Raw Story, 5/1/2009; MSNBC, 5/1/2009]
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; Denver Post, 6/2/2009; Southern Poverty Law Center, 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]
Entity Tags: United Negro College Fund, Robert A. Taft Club, Patrick Buchanan, Marcus Epstein, Bay Buchanan, Team America PAC, Tom Tancredo, Youth for Western Civilization, University of Virginia School of Law, VDare (.com ), The American Cause
Timeline Tags: Domestic Propaganda
The announcement that Supreme Court Justice David Souter is retiring is already sparking a tremendous fundraising effort among conservative opposition groups, according to the Congressional Quarterly. “This is a nuclear weapon for the conservatives out there,” says conservative fundraiser Dan Morgan. “When you do fundraising, there’s an emotional component in this, and boy the emotion is there magnified times 100.” President Obama is expected to choose a replacement for Souter who is somewhat left of center, a choice that will be portrayed by right-wing groups as a threat to their positions on abortion, gun rights, gay marriage, and property rights, among other “hot-button” social and legal issues (see May 26, 2009). The upshot: lots of money gathered to oppose Obama’s prospective nominee. “Although Souter may be a more difficult case to make as his voting record is center-left, it does open the door for discussion of who, and how left a replacement, President Obama may choose,” says veteran Republican fundraiser Linus Catignani. “It also gives clarity to the power of the presidency and generates lots of chatter regarding the fact that Obama may make up to four replacements in short order. That obviously paints a very scary picture for many conservatives.” Catignani says that when conservative Justices John Roberts and Samuel Alito (see September 29, 2005 and October 31, 2005 - February 1, 2006) were nominated, Republican fundraisers used them as touchstones for their efforts to gather money—that time in the interest of promoting and defending the nominees. Democrats used their nominations to raise funds in opposition, much as Republicans are doing now, and Democrats will use the nomination to raise funds in defense of Obama’s nominee. Souter’s replacement will energize and invigorate a flagging and dispirited conservative base, says former Democratic National Committee Chairman Steve Grossman. “This can be a catalyst properly handled that can get people back into a sense of stakeholdership.” It can also be used to energize Democrats to fund efforts to thwart the Republicans’ own efforts to derail the nomination. Morgan says: “The Supreme Court is great. That’s going to be mail, that’s going to be phone calls. The clients I work with are in meetings already. There are letters being written already.” [Congressional Quarterly, 5/1/2009]
Misha Lerner asks his question for Condoleezza Rice. [Source: Ron Sachs / Forward]Former Secretary of State Condoleezza Rice is quizzed on the Bush administration’s use of torture as an interrogation method by a 10-year-old boy. Misha Lerner, a fourth grader at the Washington, DC, Jewish Primary Day School of the Nation’s Capital, asks, “How do you feel about the things the Obama administration has said about the ways you got information from prisoners?” Rice responds: “Let me just say that President Bush was very clear that he wanted to do everything he could to protect the country. After September 11, we wanted to protect the country. But he was also very clear that we would do nothing, nothing, that was against the law or against our obligations internationally. So the president was only willing to authorize policies that were legal in order to protect the country.… I hope you understand that it was a very difficult time. We were all so terrified of another attack on the country. September 11 was the worst day of my life in government, watching 3,000 Americans die.… Even under those most difficult circumstances, the president was not prepared to do something illegal, and I hope people understand that we were trying to protect the country.” Lerner later tells a reporter that he asked the question because he thought it would “be interesting to see her answer on it.” He had originally planned to ask Rice, “If you would work for Obama’s administration, would you push for torture?” but he was persuaded to “make it a little softer.” [Washington Post, 5/4/2009; National Public Radio, 5/4/2009; Forward, 5/6/2009] School official David Zimand, who helped Lerner and the other students formulate their questions, says he found the original wording “mind-boggling,” and asked Lerner to soften the wording a bit. However, Zimand says: “We let him ask the question. Misha’s not this crusading political person. He’s a quiet, shy, sweet, thoughtful little boy. And nobody put him up to this, either.” Zimand adds: “I told him, ‘I really want you to have an opportunity to ask this question, but I want to make sure we ask it in a way that will give her a chance to answer and to feel respected, even if we’re pressing her.‘… We reframed the question together. I said: ‘Are you comfortable with this? Is this a question you want to ask? Is it your question?’ And he said yes.” Lerner later says he is not sure he understands Rice’s response. The Bush administration used torture, he says, which “is basically like robbing someone. Like you put a gun to someone’s head and say, ‘Gimme the money,’ but you’re doing it with torture and information, not a gun and money.” Rice’s answer is not good enough, he says. [Forward, 5/6/2009]
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. [New Republic, 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).
Mark Hemingway of the conservative National Review uses law professor Jeffrey Rosen’s analysis of prospective Supreme Court nominee Sonia Sotomayor (see May 4, 2009) to call her “dumb and obnoxious.” [National Review, 5/4/2009] Fellow Review columnist John Derbyshire responds to Hemingway’s slam by writing: “Judge Sotomayor may indeed be dumb and obnoxious; but she’s also female and Hispanic, and those are the things that count nowadays. Get with the program, Pal.” [National Review, 5/4/2009] Less than a month later, Sotomayor will be nominated to the Court (see May 26, 2009). After her nomination, Hemingway will attempt to backtrack from his characterizations of Sotomayor, claiming: “I never ‘attacked’ Sotomayor. I was only characterizing what Jeffrey Rosen wrote.” [National Review, 5/26/2009]
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. [Atlantic Monthly, 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?” [Salon, 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.” [Atlantic Monthly, 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. [Salon, 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. [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. [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; Fox News, 5/8/2009; Crooks and Liars, 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. [Crooks and Liars, 5/15/2009; Crooks and Liars, 5/15/2009]
Entity Tags: Gary Marbut, Charles Duke, Barack Obama, Fox News, William Jefferson (“Bill”) Clinton, Martin Niemoller, David Neiwert, Glenn Beck, US Federal Reserve, George W. Bush, George Herbert Walker Bush, Kevin Gutzman
Timeline Tags: Domestic Propaganda
Former Vice President Dick Cheney praises President Obama’s choice of Stanley McChrystal to replace General David McKiernan as the top commander in Afghanistan. In an interview with Fox News’s Neil Cavuto, Cheney says that the Obama administration’s decision to assign Lieutenant General Stanley McChrystal the top job in Afghanistan is a good one. “I think the choice is excellent.… Stan is an absolutely outstanding officer,” Cheney tells Cavuto. “I think you would be hard put to find anybody better than Stan McChrystal to take on that assignment.” [Your World with Neil Cavuto, Fox News, 5/13/2009] In a 2006 profile of McChrystal, Newsweek noted that the secretive Joint Special Operations Command (JSOC), which McChrystal then headed, was likely part of what Cheney was referring to when he said America would have to “work the dark side” after 9/11 (see September 16, 2001). [Newsweek, 6/26/2006]
Ted Kennedy, shortly before his death. [Source: Mother Talkers (.com)]Senator Ted Kennedy (D-MA), who has just learned he has terminal and inoperable brain cancer, sends a letter to President Obama about his hope for health care reform. Obama will reveal some of the contents of the letter during a September address to Congress (see September 9, 2009). The letter reads in part: “I felt confident in these closing days that while I will not be there when it happens, you will be the president who at long last signs into law the health care reform that is the great unfinished business of our society. For me, this cause stretched across decades; it has been disappointed, but never finally defeated. It was the cause of my life. And in the past year, the prospect of victory sustained me—and the work of achieving it summoned my energy and determination. There will be struggles—there always have been—and they are already underway again. But as we moved forward in these months, I learned that you will not yield to calls to retreat—that you will stay with the cause until it is won. I saw your conviction that the time is now and witnessed your unwavering commitment and understanding that health care is a decisive issue for our future prosperity. But you have also reminded all of us that it concerns more than material things; that what we face is above all a moral issue; that at stake are not just the details of policy, but fundamental principles of social justice and the character of our country. And so because of your vision and resolve, I came to believe that soon, very soon, affordable health coverage will be available to all, in an America where the state of a family’s health will never again depend on the amount of a family’s wealth. And while I will not see the victory, I was able to look forward and know that we will—yes, we will—fulfill the promise of health care in America as a right and not a privilege.” Senator Kennedy compares Obama with his brother, former President John F. Kennedy, “who inspired a generation and the world,” and says he has “great hope[s] that as I leave, another young president inspires another generation and once more on America’s behalf inspires the entire world.” [White House, 5/12/2009; Salon, 9/9/2009]
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. [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]
Former House Speaker Newt Gingrich (R-GA), widely considered a likely candidate for the presidency in 2012, lambasts current Speaker Nancy Pelosi (D-CA) for her recent complaints about the CIA never briefing her about the Bush administration’s use of torture. “I think she has lied to the House, and I think that the House has an absolute obligation to open an inquiry, and I hope there will be a resolution to investigate her. And I think this is a big deal. I don’t think the speaker of the House can lie to the country on national security matters,” Gingrich says. Gingrich then launches a personal attack (see September 20, 1990) on Pelosi, saying: “I think this is the most despicable, dishonest, and vicious political effort I’ve seen in my lifetime. She is a trivial politician, viciously using partisanship for the narrowist of purposes, and she dishonors the Congress by her behavior.… Speaker Pelosi’s the big loser, because she either comes across as incompetent or dishonest. Those are the only two defenses. The fact is she either didn’t do her job, or she did do her job and she’s now afraid to tell the truth.” [ABC News, 5/15/2009] Former Senator Bob Graham (D-FL), who chaired the Senate Intelligence Committee, also says the CIA lied to him about the Bush administration’s use of torture. He says that the CIA’s records about its briefings of Graham and Pelosi conflict with his own records of his briefings by intelligence officials, and he has no recollection of ever being briefed about “any of the sensitive programs such as the waterboarding or other forms of excessive interrogation.” [Huffington Post, 5/14/2009]
Malalai Joya. [Source: Getty]In a series of editorials and interviews, Afghan MP Malalai Joya declares that the upcoming presidential election polls in Afghanistan are illegitimate and have been determined in advance in favor of current Afghan President Hamid Karzai by the United States in cooperation with a group of powerful allied warlords and former Mujaheddin. “Under the shadow of warlordism, corruption, and occupation, this vote will have no legitimacy, and once again it seems the real choice will be made behind closed doors in the White House,” Joya writes in a Guardian editorial. [Guardian, 7/25/2009] She echoes this in a later interview in London with the Arab daily, Asharq Al-Awsat: “Even the upcoming presidential elections in Afghanistan will not change anything because the next president will be chosen behind the closed doors of the Pentagon.” [Asharq Al-Awsat, 8/3/2009]
Karzai a 'Shameless Puppet' of Afghan Warlords, Coalition Occupiers - In an interview with Johann Hari in The Independent, Joya rails against the current government of Hamid Karzai, the US and NATO occupation, and the mafia-ridden warlordism that dominates Afghan social and political life. She asserts that Karzai keeps power only as “a shameless puppet” of both the Afghan warlords and the occupying powers, thus guaranteeing him victory in the August elections due to his fealty to these powers. “He hasn’t yet stopped working for his masters, the US and the warlords.… At this point in our history, the only people who get to serve as president are those selected by the US government and the mafia that holds power in our country,” she says. “Dust has been thrown into the eyes of the world by your governments. You have not been told the truth. The situation now is as catastrophic as it was under the Taliban for women. Your governments have replaced the fundamentalist rule of the Taliban with another fundamentalist regime of warlords. [That is] what your soldiers are dying for.” [Independent, 7/28/2009] Joya also slams the recent western troop surge as a farce masquerading as support for democratic elections. In the progressive Internet magazine ZNet, she writes: “We are told that additional US and NATO troops are coming to Afghanistan to help secure the upcoming presidential election. But frankly the Afghan people have no hope in this election—we know that there can be no true democracy under the guns of warlords, the drug trafficking mafia, and occupation.” [ZNet, 5/16/2009]
Suspended from Assembly, in Hiding from Assassins - Joya was elected to the 249-seat National Assembly, or Wolesi Jirga, in September 2005 as a representative of Farah province, but was suspended from the parliament in 2007 for publicly denouncing fellow members as drug smugglers, warlords, and war criminals. Her suspension sparked international condemnation and is currently under appeal. Joya, a champion of women’s rights and democracy in Afghanistan, lives in hiding and has survived at least four assassination attempts. [Human Rights Watch, 5/23/2007; Democracy Now!, 6/19/2007]
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.” [Los Angeles Times, 5/21/2009]
Barack Obama and Sonia Sotomayor during the nomination announcement. [Source: Associated Press]President Obama nominates Second Circuit Appeals Court Judge Sonia Sotomayor as his candidate to replace retiring Supreme Court Justice David Souter (see May 1, 2009). Sotomayor is a Hispanic woman from an underprivileged background with a stellar academic record and an extensive legal background, having served as a prosecutor, a corporate lawyer, and a judge for 17 years, having been first appointed to the bench by former President George H. W. Bush. She is expected to receive heavy support from Democrats. Republicans say they are waiting for more information to decide whether to mount organized opposition. Political observers say such a move would be chancy for Republicans, who need to attract more support from Hispanic and female voters. Obama calls Sotomayor a judge with an impressive intellect and a great capacity for empathy, and a jurist who renders judgments with “an understanding of how the world works and how ordinary people live.” He notes that Sotomayor has more legal experience than any currently sitting justice had when they ascended to the high court. Sotomayor would be the first Hispanic and the third woman to serve on the Court. Sotomayor is considered more or less ideologically consistent with the moderate-to-liberal Souter, and thus would not change the court’s ideological makeup. The Obama administration says it wants Sotomayor approved in time for the Court’s October session. In her acceptance speech, Sotomayor says of herself, “I am an ordinary person who has been blessed with extraordinary opportunities and experiences.” Of her position as a jurist, she says she is driven first and foremost by the rule of law and the principles laid down in the Constitution. “Those principles,” she says, “are as meaningful and relevant in each generation as the generation before.” Sotomayor was chosen over three other short-listed finalists: fellow appellate court judge Diane Wood, Solicitor General Elena Kagan, and Homeland Security Secretary Janet Napolitano. It is likely that one or more of the people on the list may become nominated to the court as well: Justice John Paul Stevens is 89 years old, and Justice Ruth Bader Ginsburg, 76, suffers from pancreatic cancer. [Associated Press, 5/26/2009; CNN, 5/26/2009] In response to the nomination, Republican National Committee chairman Michael Steele says: “Republicans look forward to learning more about… Sotomayor’s thoughts on the importance of the Supreme Court’s fidelity to the Constitution and the rule of law. Supreme Court vacancies are rare, which makes Sonia Sotomayor’s nomination a perfect opportunity for America to have a thoughtful discussion about the role of the Supreme Court in our daily lives. Republicans will reserve judgment on Sonia Sotomayor until there has been a thorough and thoughtful examination of her legal views.” [Think Progress, 5/26/2009]
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.” [Think Progress, 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.” [National Review, 5/26/2009; Washington Post, 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.” [New Republic, 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.” [American Enterprise Institute, 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.’” [Weekly Standard, 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.” [National Review, 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.” [Huffington Post, 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]
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?” [American Prospect, 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). [ABC News, 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). [ABC News, 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]
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]
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]
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.” [Think Progress, 5/28/2009]
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.” [Think Progress, 5/27/2009; Plum Line, 5/27/2009; Washington Times, 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.” [Think Progress, 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; Salon, 5/27/2009]
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.” [National Review, 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.” [National Review, 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.” [Politico, 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.” [Think Progress, 5/29/2009]
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.” [Think Progress, 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.” [Think Progress, 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.” [Wall Street Journal, 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. [Think Progress, 5/29/2009]
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; St. Petersburg Times, 7/1/2009]
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!” [Think Progress, 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; Think Progress, 5/28/2009]
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; Politico, 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). [Washington Post, 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]
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.” [Think Progress, 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.” [Plum Line, 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.” [Think Progress, 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).
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.’” [Washington Post, 5/29/2009]
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). [Washington Post, 5/29/2009]
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.” [SCOTUSblog, 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). [Think Progress, 5/29/2009] White House spokesman Robert Gibbs says that Sotomayor made a “poor word choice” in her 2001 comments (see May 29, 2009) [Associated Press, 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). [Think Progress, 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.” [MSNBC, 5/29/2009]
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. [Think Progress, 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]
Entity Tags: Tim Phillips, Think Progress (.org), Ralph Reed, Patients United Now, Millennium Marketing, Century Strategies, David Koch, Art Pope, Koch Industries, Americans for Prosperity, Jack Abramoff
Timeline Tags: US Health Care, Domestic Propaganda, 2010 Elections
US President Barack Obama issues a terse condemnation of the murder of late-term-abortion-provider Dr. George Tiller (see May 31, 2009) in a statement issued on the same day as the shooting. The president writes: “I am shocked and outraged by the murder of Dr. George Tiller as he attended church services this morning. However profound our differences as Americans over difficult issues such as abortion, they cannot be resolved by heinous acts of violence.” [White House Press Office, 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.” [New York Times, 5/30/2009; Think Progress, 6/1/2009]
Police arrest 51-year-old Scott Roeder of Merriam, Kansas, on the afternoon of May 31 in connection with the shooting of late-term-abortion-provider Dr. George Tiller in his church that morning (see May 31, 2009). Roeder is arrested about 30 miles southwest of Kansas City after eyewitnesses to the murder provide police with the license number of the killer’s getaway car. [CNN News, 5/31/2009] 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). Police say they found no weapon in his possession. Roeder’s uncle Clarence Roeder issues a statement this evening: “This is a tragedy for the Tiller family and we feel so badly about that, that Scott would murder the doctor in the Lutheran church. We are also Lutherans, and that adds a double touch of sadness and irony.” Family members say they haven’t seen Scott Roeder since 2000, and he was in and out of trouble in the 1990s. [KMBC.com, 5/31/2009] In video recorded by local TV station KMBC-TV, neighbors say Roeder was not a friendly person; a landlord says he was “trouble from the start,” and was “radical” and “strange.” His ex-wife Lindsay Roeder says: “He didn’t think of the consequences this would have for anybody. There were children in that church, children that will remember that for the rest of their lives.” [KMBC-TV, 5/31/2009] In 2010, Roeder will be convicted of murdering Tiller (see January 29, 2010).
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.” [The Pitch, 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?” [Kansas City Star, 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.” [Kansas City Star, 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.” [Associated Press, 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.” [Kansas City Star, 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.” [Kansas City Star, 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.” [Associated Press, 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).
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.” [CNN News, 5/31/2009; New York Times, 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.” [New York Times, 5/31/2009]
Author and pro-choice advocate Cristina Page writes that the murder of abortion provider Dr. George Tiller (see May 31, 2009) is anything but an isolated incident, and warns that more anti-abortion violence may well be forthcoming. “The pattern is clear and frightening,” she writes. Page notes that the tenure of President Clinton, who supported abortion rights, was marred by a large and ever-escalating number of violent protests and attacks on abortion providers, beginning with the murder of Dr. David Gunn in 1993 (see March 10, 1993); Gunn’s murder, Page writes, “was the beginning of what would become a five-fold increase in violence against abortion providers throughout the Clinton years.” During Clinton’s two terms, six abortion providers and clinical staff members were murdered, and 17 other attempted murders took place. There were 12 bombings or arsons during Clinton’s tenure. From 2001 through 2008, no abortion-related murders, nor attempted murders, occurred, while George W. Bush, an anti-abortion president, was in office. A single clinic bombing took place during Bush’s two terms. Since the election of President Obama, another pro-choice president, a steady escalation of anti-abortion violence has occurred (see February-May, 2009), culminating in the murder of Tiller. Page notes that in the eight years of the Bush administration, abortion and women’s health clinics registered 396 harassing phone calls. In the five months of the Obama administration, that number is at 1401 and rising. Page writes: “Battered women are at greatest danger of being killed by their abusers when they are most strong—that is, when they muster the courage to leave. The same phenomenon may be true in the abusive political abortion debate. The pro-choice movement, specifically our abortion providers, are in the greatest danger of violence when we take power. When the anti-abortion movement loses power, their most extreme elements appear to move to the fore and take control. The murder of Dr. Tiller suggests that violence against abortion providers may be far more linked to the power, or lack thereof, anti-abortion groups have politically than to laws designed to increase penalties against such acts.” She notes the violent rhetoric of numerous anti-abortion organization leaders since Obama’s election, many targeting Obama himself, with one official calling Obama a “radical pro-abortion president” and another saying that Obama will “force Americans to pay for the killing of innocents.” Elizabeth Barnes, executive director of the Philadelphia Women’s Center, says: “When the pendulum swung in the direction of protecting women’s rights, we expected something. The way the antis are reacting has changed, they’re taking more liberties, pressing the boundaries of legal, civil protest.” Page concludes: “Anti-abortion groups will put out carefully worded press statements condemning the murder of Dr. Tiller, as became routine for them during the Clinton years. But unless the rhetoric they choose from now on becomes careful too—they may be the enablers of murder and terror.” [Huffington Post, 5/31/2009]
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.” [Wall Street Journal, 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. [Huffington Post, 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]
A screenshot of Bill O’Reilly, taken during one of his segments featuring his criticism of Dr. George Tiller. [Source: Drive-By Times]Progressive author and blogger David Neiwert compiles three years of video evidence that he says proves Fox News host Bill O’Reilly helped target murdered abortion provider Dr. George Tiller (see May 31, 2009). Since 2006, Neiwert writes, O’Reilly has targeted the man he called “Tiller the Killer” in recurrent episodes of his Fox television show, The O’Reilly Factor, and on his radio show, accusing Tiller of “executing babies” and recommending that “something” be done to stop Tiller from continuing his practice. In November 2006, O’Reilly told his audience: “If we as a society allow an undefined mental health exception in late-term abortions, then babies can be killed for almost any reason.… This is the kind of stuff that happened in Mao’s China and Hitler’s Germany and Stalin’s Soviet Union.… If we allow this, America will no longer be a noble nation.… If we allow Dr. George Tiller and his acolytes to continue, we can no longer pass judgment on any behavior by anybody. What Tiller is doing is that bad.” In the same broadcast, he said: “I don’t care what you think. We have incontrovertible evidence that this man is executing babies about to be born because the woman is depressed… if you don’t believe me, I don’t care.… You are okay with Dr. Tiller executing babies about to be born because the mother says she’s depressed.” O’Reilly claimed that Tiller was a criminal and told his audience, “George Tiller will execute babies for $5,000 if the mother is depressed.” O’Reilly has urged “massive” protests at Tiller’s clinic, once in January 2006, when he said, “There should be thousands of people protesting outside Tiller’s abortion clinic in Wichita.” According to Neiwert, the anti-abortion organization Operation Rescue (see 1986), which regularly prints O’Reilly’s articles in its newsletter, answered O’Reilly’s call, and O’Reilly used information from Operation Rescue to further lambast Tiller on his shows. In May 2007, O’Reilly described Tiller with the following diatribe: “killer, murder, murderer, barbarian, barbaric procedure, disgrace.” Neiwert writes that O’Reilly is not legally culpable for Tiller’s murder, but he is “morally and ethically culpable.” [Crooks and Liars, 6/1/2009; Salon, 6/1/2009]
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. [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. [Think Progress, 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.” [Washington Post, 6/3/2009]
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]
Scott Roeder [Source: Kansas City Star]After his arrest in connection with the murder of late-term abortion provider Dr. George Tiller in Wichita, Kansas (see May 31, 2009), Scott Roeder is charged with one count of first-degree murder and two counts of aggravated assault. The latter charges are for pointing a gun at two men who were eyewitnesses to the murder. Roeder requests that the court appoint counsel for him and is referred to the public defender’s office. [Wichita Eagle, 6/2/2009] District Attorney Nola Foulston explains that the state will not seek the death penalty, as Kansas law sets out seven required criteria for a capital charge, none of which fit the Tiller murder. The maximum sentence for first-degree murder in Kansas is life imprisonment. [Wichita Eagle, 6/4/2009] 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). In 2010, Roeder will be convicted of murdering Tiller (see January 29, 2010).
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.” [Kansas City Star, 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]
Representative Todd Akin (R-MO) tells his House colleagues that he does not want to be responsible for eliminating the seasons. In a speech opposing pending legislation to reduce carbon emissions, Akin calls the transition from winter to spring “good climate change,” and repeatedly conflates “climate” with “weather.” Global warming is a “comedy,” Akin says, and he asks who would “want to put politicians in charge of the weather anyways[?]” His fellow Republicans are more knowledgeable than Democrats on the subject, he implies, because they have “passed high school science.” Akin tells the House: “This whole thing strikes me, if it weren’t so serious, as being a comedy, you know. I mean, we just went from winter to spring. In Missouri when we go from winter to spring, that’s a good climate change. I don’t want to stop that climate change, you know. Who in the world want[s] to put politicians in charge of the weather anyways? What a dumb idea.… Some of the models said that we’re going to have surf at the front steps of the Capitol pretty soon. I was really looking forward to that.… We’ve been joined by another doctor, a medical doctor but also a guy who graduated from high school science as well, from Georgia, my good friend, Congressman [Phil] Gingrey.… So to have actually a guy who’s passed high school science is tremendously helpful.” The liberal news and analysis website Think Progress notes that in Akin’s home state of Missouri, “climate change has already caused growing conditions to shift and several species of birds common to the state have migrated northward. If global warming persists, climatologists have predicted that Missouri can expect ‘warmer temperatures, shorter winters, and an overall increase in rain and flooding.’” [Think Progress, 6/3/2009]
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. [Politico, 6/3/2009] On Fox News, Graham contradicts his earlier assessment, saying that Sotomayor has “sterling character.” [Think Progress, 6/3/2009]
Max Baucus (D-MT), the chairman of the Senate Finance Committee, meets with advocates of “single-payer,” or government-run health insurance. Baucus recently chaired hearings on health care reform which excluded single-payer advocates (see April 21-May 12, 2009). He meets with representatives of the advocacy group Physicians for a National Health Program (PHNP), two Harvard University medical professors, a medical school dean, and representatives of the California Nurses Association. One of the participants, Dr. David Himmelstein of PHNP, says: “Bowing to mounting pressure from single-payer advocates around the nation, Senator Baucus has asked to meet with some representatives of the single-payer movement.… We have no illusions that our discussions alone will persuade Senator Baucus to back a single-payer bill. But the meeting is a clear indication that demonstrations and activism can move even our money-corrupted political culture.” Some polls show that a majority of Americans back single-payer insurance, as do doctors and health economists. [Single Payer Action, 5/31/2009]
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; Human Events, 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; Think Progress, 11/17/2008]
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). [Politico, 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. [The Hill, 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?” [Institute for Research & Education on Human Rights, 10/19/2010]
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.” [New Republic, 12/30/2002; CNN, 6/5/2009]
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). [Think Progress, 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.” [Think Progress, 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.” [Life Site News, 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. [New York Daily News, 6/7/2009]
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.” [Washington Times, 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. [Raw Story, 6/5/2009]
Entity Tags: US Supreme Court, National Association of Manufacturers, Sonia Sotomayor, Stan Anderson, Trent Lott, US Chamber of Commerce, Muriel Kane, Wal-Mart, Larisa Alexandrovna, John Engler, AIG (American International Group, Inc.), Karl C. Rove, Committee for Justice, Charles Pickering, Clayland Boyden Gray, Connie Mack, Curt Levey, Frank Keating, John G. Roberts, Jr, Home Depot, Haley Barbour, George W. Bush, George Herbert Walker Bush, Ameriquest Capital Corporation, American Council of Life Insurers
Timeline Tags: Domestic Propaganda
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.” [Think Progress, 6/7/2009]
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.” [Associated Press, 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). [Associated Press, 6/14/2009]
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