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The US Supreme Court hears the case of Citizens United v. Federal Election Commission, in which the Federal Election Commission (FEC) refused to let the conservative lobbying organization Citizens United (CU) air a film entitled Hillary: The Movie during the 2008 presidential primary season (see January 10-16, 2008). The FEC ruled that H:TM, as some have shortened the name, was not a film, but a 90-minute campaign ad with no other purpose than to smear and attack Senator Hillary Clinton (D-NY) as being unfit to hold office. A panel of appeals judges agreed with the FEC’s ruling, which found the film was “susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” As a campaign ad, the film’s airing on national network television came under campaign finance laws, particularly since the film was financed by corporate political donations. CU was allowed to air the film in theaters and sell it in DVD and other formats, but CU wanted to pay $1.2 million to have the movie aired on broadcast cable channels and video-on-demand (pay per view) services, and to advertise its broadcast. CU president David Bossie (see May 1998) hired former Bush Solicitor General Theodore Olson after the Supreme Court agreed to hear the case. Bossie denies that he chose Olson because of their shared loathing of the Clintons—they worked together to foment the “Arkansas Project,” a Clinton smear effort that resulted in Congress unsuccessfully impeaching President Clinton—but because Olson gave “us the best chance to win.” Bossie dedicated the Clinton film to Barbara Olson, Olson’s late wife, who died in the 9/11 attacks (see (9:20 a.m.) September 11, 2001). [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009] “I just don’t see how the Federal Election Commission has the authority to use campaign-finance rules to regulate advertising that is not related to campaigns,” Bossie told reporters last year. [Christian Science Monitor, 2/1/2008]
Uphold or Cut Back McCain-Feingold? - Observers, unaware of the behind-the-scenes machinations, believe the case gives the Court the opportunity to either uphold or cut back the body of law stemming from the Bipartisan Campaign Reform Act (BCRA, or McCain-Feingold) campaign finance law (see March 27, 2002), which limits the ability of corporations and labor unions to spend unlimited amounts of money on political advertising before elections. CU is arguing that the BCRA is unconstitutional, having argued before a previous court that the the BCRA law was unconstitutional in the way it was being enforced by the FEC against its film. In its brief to the Court, CU denies the film is any sort of “electioneering,” claiming: “Citizens United’s documentary engages in precisely the political debate the First Amendment was written to protect… The government’s position is so far-reaching that it would logically extend to corporate or union use of a microphone, printing press, or the Internet to express opinions—or articulate facts—pertinent to a presidential candidate’s fitness for office.” The Justice Department, siding with the FEC, calls the film an “unmistakable” political appeal, stating, “Every element of the film, including the narration, the visual images and audio track, and the selection of clips, advances the clear message that Senator Clinton lacked both the integrity and the qualifications to be president of the United States.” The film is closer to a political “infomercial” than a legitimate documentary, the Justice Department argues. The film’s “unmistakable message is that Senator Clinton’s character, beliefs, qualifications, and personal history make her unsuited to the office of the President of the United States,” according to a Justice Department lawyer, Edwin Kneedler, who filed a brief on behalf of the FEC. The Justice Department wants the Court to uphold FEC disclosure requirements triggered by promotional ads, while Olson and CU want the Court to strike down the requirements. Olson says financial backers of films such as H:TM may be reluctant to back a film if their support becomes publicly known. Kneedler, however, writes that such disclosure is in the public interest. The Reporters Committee for Freedom of the Press (RCFP) is joining CU in its court fight, stating in a brief, “By criminalizing the distribution of a long-form documentary film as if it were nothing more than a very long advertisement, the district court has created uncertainty about where the line between traditional news commentary and felonious advocacy lies.” Scott Nelson of the Public Citizen Litigation Group, which supports the BCRA, disagrees with RCFP’s stance, saying, “The idea that [the law] threatens legitimate journalism and people who are out creating documentaries, I think, is a stretch.” [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009] The RCFP has said that the movie “does not differ, in any relevant respect, from the critiques of presidential candidates produced throughout the entirety of American history.” And a lawyer with the RCFP, Gregg P. Leslie, asked, “Who is the FEC to decide what is news and what kind of format news is properly presented in?” [New York Times, 3/5/2009]
Filled with False Information - The movie was relentlessly panned by critics, who found much of its “information” either misrepresentative of Clinton or outright false. CU made several other films along with the Clinton documentary, which included attacks on filmmaker Michael Moore, the American Civil Liberties Union, illegal immigrants, and Clinton’s fellow presidential contender Barack Obama (D-IL—see October 28-30, 2008). [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009]
Arguments Presented - Olson and his opponent, Deputy Solicitor General Malcolm Stewart, present arguments in the case to the assembled Court. Traditionally, lawyers with the Solicitor General (SG)‘s office are far more straightforward with the Court than is usual in advocacy-driven cases. New Yorker reporter Jeffrey Toobin later writes: “The solicitor general’s lawyers press their arguments in a way that hews strictly to existing precedent. They don’t hide unfavorable facts from the justices. They are straight shooters.” Stewart, who clerked for former Justice Harry Blackmun and is a veteran of the SG office since 1993, is well aware of the requirements of Court arguments. Justice Samuel Alito, a conservative justice with a penchant for asking tough questions that often hide their true intentions behind carefully neutral wording, is interested in seeing how far he can push Stewart’s argument. Does the BCRA apply only to television commercials, he asks, or might it regulate other means of communication during a federal campaign? “Do you think the Constitution required Congress to draw the line where it did, limiting this to broadcast and cable and so forth?” Could the law limit a corporation from “providing the same thing in a book? Would the Constitution permit the restriction of all those as well?” Stewart says that the BCRA indeed imposes such restrictions, stating, “Those could have been applied to additional media as well.” Could the government regulate the content of a book? Alito asks. “That’s pretty incredible. You think that if a book was published, a campaign biography that was the functional equivalent of express advocacy, that could be banned?” Stewart, who tardily realizes where Alito was going, attempts to recover. “I’m not saying it could be banned,” he responds. “I’m saying that Congress could prohibit the use of corporate treasury funds and could require a corporation to publish it using its—” Justice Anthony Kennedy, considered a “swing” justice in some areas but a reliable conservative vote in campaign-spending cases, interrupts Stewart. “Well, suppose it were an advocacy organization that had a book,” Kennedy says. “Your position is that, under the Constitution, the advertising for this book or the sale for the book itself could be prohibited within the 60- and 30-day periods?” Stewart gives what Toobin later calls “a reluctant, qualified yes.” At this point, Roberts speaks up. According to Toobin, Roberts intends to paint Stewart into something of a corner. “If it has one name, one use of the candidate’s name, it would be covered, correct?” Roberts asks. Stewart responds, “That’s correct.” Roberts then asks, “If it’s a 500-page book, and at the end it says, ‘And so vote for X,’ the government could ban that?” Stewart responds, “Well, if it says ‘vote for X,’ it would be express advocacy and it would be covered by the preexisting Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980) provisions.” Toobin later writes that with their “artful questioning, Alito, Kennedy, and Roberts ha[ve] turned a fairly obscure case about campaign-finance reform into a battle over government censorship.” Unwittingly, Stewart has argued that the government has the right to censor books because of a single line. Toobin later writes that Stewart is incorrect, that the government could not ban or censor books because of McCain-Feingold. The law applies to television advertisements, and stems from, as Toobin will write, “the pervasive influence of television advertising on electoral politics, the idea that commercials are somehow unavoidable in contemporary American life. The influence of books operates in a completely different way. Individuals have to make an affirmative choice to acquire and read a book. Congress would have no reason, and no justification, to ban a book under the First Amendment.” Legal scholars and pundits will later argue about Stewart’s answers to the three justices’ questions, but, as Toobin will later write, “the damage to the government’s case had been profound.” [New Yorker, 5/21/2012]
Behind the Scenes - Unbeknownst to the lawyers and the media, the Court initially renders a 5-4 verdict in favor of CU, and strikes down decades of campaign finance law, before withdrawing its verdict and agreeing to hear rearguments in the fall (see June 29, 2009). Toobin will write that the entire case is orchestrated behind the scenes, by Roberts and his fellow majority conservatives. Toobin will write of “a lengthy and bitter behind-the-scenes struggle among the justices that produced both secret unpublished opinions and a rare reargument of a case” that “reflects the aggressive conservative judicial activism of the Roberts Court.” Toobin will write that although the five conservatives are involved in broadening the scope of the case, and Kennedy actually writes the majority decision, “the result represented a triumph for Chief Justice Roberts. Even without writing the opinion, Roberts, more than anyone, shaped what the Court did. As American politics assumes its new form in the post-Citizens United era, the credit or the blame goes mostly to him.” The initial vote on the case is 5-4, with the five conservative justices—Alito, Kennedy, Roberts, Scalia, and Clarence Thomas—taking the majority.
Expansive Concurrence Becomes the Majority Opinion - At the outset, the case is decided on the basis of Olson’s narrow arguments, regarding the issue of a documentary being made available on demand by a nonprofit organization (CU). Roberts takes the majority opinion onto himself. The four liberals in the minority are confident Roberts’s opinion would be as narrow as Olson’s arguments. Roberts’s draft opinion is indeed that narrow. Kennedy writes a concurrence opining that the Court should go further and overturn McCain-Feingold, the 1990 Austin decision (see March 27, 1990), and end the ban on corporate donations to campaigns (see 1907). When the draft opinions circulates, the other three conservatives begin rallying towards Kennedy’s more expansive concurrence. Roberts then withdraws his draft and lets Kennedy write the majority opinion in line with his concurrence. Toobin later writes: “The new majority opinion transformed Citizens United into a vehicle for rewriting decades of constitutional law in a case where the lawyer had not even raised those issues. Roberts’s approach to Citizens United conflicted with the position he had taken earlier in the term.” During arguments in a different case, Roberts had “berated at length” a lawyer “for his temerity in raising an issue that had not been addressed in the petition. Now Roberts was doing nearly the same thing to upset decades of settled expectations.”
Dissent - The senior Justice in the minority, John Paul Stevens, initially assigns the main dissent to Justice David Souter. Souter, who is in the process of retiring from the Court, writes a stinging dissent that documents some of the behind-the-scenes machinations in the case, including an accusation that Roberts violated the Court’s procedures to get the outcome he wanted. Toobin will call Souter’s planned dissent “an extraordinary, bridge-burning farewell to the Court” that Roberts feels “could damage the Court’s credibility.” Roberts offers a compromise: Souter will withdraw his dissent if the Court schedules a reargument of the case in the fall of 2009 (see June 29, 2009). The second argument would feature different “Questions Presented,” and the stakes of the case would be far clearer. The four minority justices find themselves in something of a conundrum. They feel that to offer the Kennedy opinion as it stands would be to “sandbag” them and the entire case, while a reargument would at least present the issues that the opinion was written to reflect. And there is already a 5-4 majority in favor of Kennedy’s expansive opinion. The liberals, with little hope of actually winning the case, agree to the reargument. The June 29, 2009 announcement will inform the parties that the Court is considering overturning two key decisions regarding campaign finance restrictions, including a decision rendered by the Roberts court (see March 27, 1990 and December 10, 2003) and allow essentially unlimited corporate spending in federal elections. Court observers will understand that the Court is not in the habit of publicly asking whether a previous Court decision should be overruled unless a majority is already prepared to do just that. Toobin will call Roberts and his four colleagues “impatient” to make the decision, in part because an early decision would allow the ruling to impact the 2010 midterm elections. [New Yorker, 5/21/2012]
Created to Give Courts Shot at McCain-Feingold - Critics, as yet unaware of the behind-the-scenes maneuvering, will later say that CU created the movie in order for it to fall afoul of the McCain-Feingold campaign finance law, and give the conservatives on the Court the opportunity to reverse or narrow the law. Nick Nyhart of Public Campaign will say: “The movie was created with the idea of establishing a vehicle to chip away at the decision. It was part of a very clear strategy to undo McCain-Feingold.” Bossie himself will later confirm that contention, saying: “We have been trying to defend our First Amendment rights for many, many years. We brought the case hoping that this would happen… to defeat McCain-Feingold.” [Washington Post, 1/22/2010] CU’s original lawyer on the case, James Bopp, will later verify that the case was brought specifically to give the Court a chance to cut back or overturn campaign finance law (see January 25, 2010). The Court will indeed overturn McCain-Feingold in the CU decision (see January 21, 2010).
Entity Tags: Clarence Thomas, US Department of Justice, Theodore (“Ted”) Olson, Scott Nelson, US Supreme Court, Bipartisan Campaign Reform Act of 2002, Citizens United, Barbara Olson, American Civil Liberties Union, Anthony Kennedy, Barack Obama, Samuel Alito, Reporters Committee for Freedom of the Press, William Jefferson (“Bill”) Clinton, Michael Moore, Hillary Clinton, Gregg P. Leslie, Nick Nyhart, Edwin Kneedler, David Souter, Federal Election Commission, James Bopp, Jr, John Paul Stevens, David Bossie, John G. Roberts, Jr, Jeffrey Toobin, Malcolm Stewart
Timeline Tags: Civil Liberties
Martha MacCallum. [Source: The Activity Pit]Fox News anchor Martha MacCallum, host of Fox’s “straight news” show The Live Desk, airs clips of Vice President Joseph Biden taken during a September 2008 campaign event to falsely imply that Biden is contradicting the Obama administration’s current stance on the economy. MacCallum tells viewers that “after weeks of economic doom and gloom, the Obama administration is now singing a slightly different tune. Take a look at what was said in recent interviews this weekend.” Fox then airs a clip of Biden telling an audience, “The fundamentals of the economy are strong.” The clip is not from an interview held over the weekend, but from a campaign event held seven months before. MacCallum does not inform her viewers of the timing of the clip, nor does she note that Biden was criticizing Republican presidential candidate John McCain’s economic views, which he characterized as unrealistically rosy. Instead, she goes on to claim that the administration has fundamentally, and dishonestly, shifted its views on the economy from a positive campaign outlook to a more “doom and gloom” viewpoint. In the September 2008 campaign rally, Biden told a Michigan audience: “I believe that’s why John McCain could say with a straight face, as recently as this morning—and this is a quote, ‘The fundamentals of the economy are strong.’ That’s what John says. He says that ‘we’ve made great progress economically’ in the Bush years.… I could walk from here to Lansing, and I wouldn’t run into a single person who thought our economy was doing well, unless I ran into John McCain.” Alongside the Biden clip, Fox also airs footage of Austan Goolsbee, a member of the White House Council of Economic Advisers. On March 15, Goolsbee told a Fox News Sunday audience that “the core strength of the economy is middle-class workers.” Fox airs that clip immediately after the Biden clip. What it does not air is Goolsbee’s statement just after the broadcast statement, in which he said, “Over the last eight years, before this president came into office, we saw an unbelievable squeeze on the middle class like nothing we have seen in decades.” MacCallum uses the clips to accuse the Obama administration of “singing… a bit of a different tune” now than during the campaign. [Media Matters, 3/16/2009] The next day, MacCallum apologizes for asserting the seven-month-old clip was recent. She tells viewers that Fox News “inadvertently used a piece of video of Vice President Biden saying that, quote, the fundamentals of the economy are strong. This video was from the campaign trail, when the vice president was a candidate, and was actually quoting Senator John McCain. When we get something wrong, we admit it. We did so yesterday, and for that, we apologize” (see October 13, 2009). [Media Matters, 3/17/2009]
Journalist and author Mark Danner, who has just published a lengthy examination of torture under Bush administration policies (see March 15, 2009), says as long as the press continues to dodge the use of the word “torture,” the country will continue to have trouble coming to grips with the issues surrounding the policies. Danner, appearing on C-SPAN’s Washington Journal, says the press continues to engage in a “semantic debate” over whether the US committed torture under the Bush administration. “One can continue to talk about torture is in the eye of the beholder, etc., etc., but frankly, nobody of any legal reputation believes that,” says Danner. Danner adds he is “frustrated by the practices of the press” that are “interfering with a clear debate.” Danner says: “I think the definitional question is extremely important, and… I think it’s extremely important to get by it already. We’re debilitated in that by some degree by the practices of the American press, frankly, which is that as long as the president or people in power continue to cling to a definition that they assert is the truth—as President Bush did when it came to torture, he said repeatedly the United States does not torture—the press feels obliged to report that and consider the matter as a question of debate.” [Think Progress, 3/17/2009]
Fox News talk show host Glenn Beck, joined by National Review deputy managing editor Kevin Williamson, asserts that Obama administration members are working behind the scenes to move towards what they call a “one-world government.” Williamson tells Beck and their viewers that Carol Browner, assistant to the president for energy and climate change, belongs to a group that is “arguing for… the same stuff that the left is always arguing for, which is transferring wealth and power out of citizens’ hands and into the government’s hands.” Williamson continues: “You know, the left always needs an emergency because they can’t get this stuff done through normal democratic means. So, in the ‘30s, it was the Depression, and then it was World War II. Then it was the Cold War and the threat of nuclear annihilation. And then after the Soviet Union fell apart, it became the environmental movement.” Beck responds: “Right. Let me—I’m going to have them take you someplace that I like to call ‘one-world government.’” Beck later says that Browner “was involved in a socialist organization” that “wants one-world government.” Williamson agrees: “Yeah, they’re big on what they call, you know, global architecture, transnational architecture, which is just another way of saying sort of UN-style bureaucracies that would be international in nature and would de-emphasize American power and global leadership.” [Media Matters, 4/10/2009] Beck and Williamson are echoing claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010).
The Obama administration’s choice to head the Justice Department’s Office of Legal Counsel (OLC), Indiana University law professor Dawn Johnsen, is endorsed by the Senate Judiciary Committee. All the committee Democrats vote to endorse her, and all but one Republican committee member vote against her; Arlen Specter (R-PA) abstains. After the endorsement, Senate Republicans use a variety of parliamentary procedures to delay or block her appointment. Legal expert and columnist Scott Horton writes, “The real reason for their vehement opposition is that Johnsen is committed to overturning the Bush administration’s policies on torture and warrantless surveillance that would clip the wings of the imperial presidency.” Johnsen formerly worked for the American Civil Liberties Union (ACLU) and the National Abortion and Reproductive Rights Action League (NARAL), earning her the enmity of social conservatives who have made her the target of a massive opposition campaign. Anti-abortion groups call her a “radical, pro-abortion activist.” However, Horton notes, observations from Republican officials and opinion leaders show that the GOP’s real concern is not over Johnsen’s support for abortion, but for her apparent intent to roll back Bush-era policies on torture and warrantless surveillance. Even worse, Horton writes, is her intention to reveal secret information from the Bush years about those subjects. But it is politically difficult to attack Johnsen on these issues, Republicans say, so instead she is being targeted for her views on abortion. President Obama’s choice of Johnsen’s two deputies—Harvard law professor David Barron and Georgetown law professor Marty Lederman (see January 20, 2009)—are, like Johnsen, experienced in both academia and politics, and have been vehement critics of the OLC during the Bush years. [Daily Beast, 3/26/2009]
Condoleezza Rice on the Charlie Rose show. [Source: PBS]Former Secretary of State Condoleezza Rice tells PBS’s Charlie Rose that “no one” in the White House ever asserted that Saddam Hussein had any connections to 9/11. Rose says, “But you didn’t believe [the Hussein regime] had anything to do with 9/11.” Rice replies: “No. No one was arguing that Saddam Hussein somehow had something to do with 9/11.… I was certainly not. The president was certainly not.… That’s right. We were not arguing that.” Rice refuses to answer Rose’s question asking if former Vice President Dick Cheney ever tried to make the connection. In reality, former President Bush and his top officials, including Cheney and Rice, worked diligently to reinforce a connection between Iraq and 9/11 in the public mind before the March 2003 invasion (see (Between 10:30 a.m. and 12:00 p.m.) September 11, 2001, Shortly After September 11, 2001, Shortly After September 11, 2001, After September 11, 2001, Mid-September, 2001, September 17, 2001, September 19, 2001, September 20, 2001, September 28, 2001, November 6-8, 2001, December 9, 2001, 2002-March 2003, March 19, 2002, June 21, 2002, July 25, 2002, August 2002, August 20, 2002, September 12, 2002, September 16, 2002, September 21, 2002, September 25, 2002, September 26, 2002, September 27, 2002, September 28, 2002, October 7, 2002, October 7, 2002, October 15, 2002, December 2, 2002, December 12, 2002, January 26, 2003, January 28, 2003, Early February 2003, February 5, 2003, (2:30 a.m.-9:00 a.m.) February 5, 2003, February 5, 2003, February 6, 2003, February 11 or 12, 2003, and February 17, 2003). [Think Progress, 3/19/2009]
Fox News senior judicial analyst Andrew Napolitano hosts radio host Alex Jones on the online program Freedom Watch. Jones says that he has long pointed out “how hundreds of mainstream news articles a week are saying there is a new world order, a global government. It will be run by the very banks that are collapsing society by design, and we will pay carbon taxes to them.… [T]he good news is, I’ve never seen an awakening this big. And I’m seeing, you know, people like Glenn Beck talk about the new world order on Fox. I’m seeing you talk about it for years before him. We’re seeing [CNN host] Lou Dobbs talk about it. We’re seeing, you know, mainline talk show hosts—[radio host Rush] Limbaugh is even talking about global government now. [Radio host] Michael Savage is talking about how he thinks, you know, Obama may stage crises to bring in martial law.” [Media Matters, 4/10/2009] Jones is echoing claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010), and that are echoed by Fox News pundits such as Glenn Beck (see March 17, 2009), Bill O’Reilly (see April 1-2, 2009), and others (see April 6, 2009).
President Obama disagrees with recent statements from former Vice President Dick Cheney that his administration’s policies are endangering America (see February 4, 2009 and March 15, 2009). “I fundamentally disagree with Dick Cheney—not surprisingly,” Obama tells CBS reporter Steve Kroft. “I think that Vice President Cheney has been at the head of a movement whose notion is somehow that we can’t reconcile our core values, our Constitution, our belief that we don’t torture, with our national security interests. I think he’s drawing the wrong lesson from history. [CNN, 3/22/2009; CBS News, 3/22/2009] The facts don’t bear him out.” Cheney “is eager to defend a legacy that was unsustainable,” Obama says, and notes that Cheney’s politics reflect a mindset that “has done incredible damage to our image and position in the world.” [Raw Story, 3/22/2009; CBS News, 3/22/2009] In response to Cheney’s advocacy of extreme interrogation methods—torture—of suspected terrorists, Obama asks: “How many terrorists have actually been brought to justice under the philosophy that is being promoted by Vice President Cheney? It hasn’t made us safer. What it has been is a great advertisement for anti-American sentiment.” [Politico, 3/21/2009; CBS News, 3/22/2009] “The whole premise of Guantanamo promoted by Vice President Cheney was that, somehow, the American system of justice was not up to the task of dealing with these terrorists,” Obama continues. “This is the legacy that’s been left behind and, you know, I’m surprised that the vice president is eager to defend a legacy that was unsustainable. Let’s assume that we didn’t change these practices. How long are we going to go? Are we going to just keep on going until, you know, the entire Muslim world and Arab world despises us? Do we think that’s really going to make us safer? I don’t know a lot of thoughtful thinkers, liberal or conservative, who think that was the right approach.” [Raw Story, 3/22/2009; CBS News, 3/22/2009]
Conservative commentator Bill O’Reilly writes an op-ed that claims, apparently sarcastically, that former Vice President Cheney would have had reporters assassinated if he really controlled a military assassination squad. Responding to the allegations by investigative journalist Seymour Hersh that Cheney controlled an “executive assassination wing” (see March 10, 2009), O’Reilly writes: “The other day, left-wing muckraker Seymour Hersh went on MSNBC and said he had information, provided by the usual anonymous sources, that Dick Cheney was running an assassination squad out of the White House. I have but one simple observation: If Cheney really had such a crew, Hersh would have been dead a long time ago, and so would most everybody at MSNBC.” [Boston Herald, 3/22/2009; Think Progress, 3/22/2009]
Bill Hemmer. [Source: New York Daily News]Fox News anchor Bill Hemmer, host of Fox News’s flagship news program America’s Newsroom, hosts several segments touting the April 15 “tea party” protests (see April 8, 2009 and April 15, 2009). Hemmer notes protests in Florida and Ohio that occurred in recent days, and directs viewers to the Web site for America’s Newsroom for more information. He says: “Protesters, well, they waved flags and signs and with slogans like ‘Repeal the Pork’ and ‘Our Bacon is Cooked.’ I say, our bacon is cooked. They’re popping up literally all across the country now.… If you go to our Web site, you will find a growing list of these events, hundreds of photos, and a new tea party anthem that you will hear from the man who wrote it and recorded it next hour. And there’s a list of the nationwide Tax Day tea party events coming up on the 15th of April, which will be a huge deal for those organizations. So check it out online right now” (see October 13, 2009). The song is by Lloyd Marcus of the National Association for the Advancement of Conservative People of Color, who has been on what he tells Hemmer was “a 40-city ‘Stop Obama’ tour.” Marcus’s song is extremely critical of President Obama’s policies and supportive of the “tea parties.” The lyrics are posted on FoxNews.com. [Media Matters, 4/8/2009]
Arguing against taxing corporate bonuses, Fox Business Network anchor Dagen McDowell compares such taxation to sexual abuse: “You don’t want to think if you get in bed with Uncle Sam he’s going to strip you naked, chain you to the bed, leave you there, and then take nasty pictures of you and then put them on the Internet. Because that’s what’s been happening.” Fox News correspondent Bill Hemmer calls McDowell’s remarks “well stated.” [Think Progress, 3/24/2009]
At least 19 Congressional Republicans, including House Minority Leader John Boehner (R-OH) and Senate Minority Leader Mitch McConnell (R-KY), say that the Obama administration’s “cap-and-trade” proposal would cost American families $3,128 apiece in extra taxes.
Misrepresenting an MIT Study - Boehner, McConnell, and their fellow Republicans base their claim on a 2007 MIT study. However, one of the study’s researchers, John Reilly, says that the Republicans are misreading it. According to Reilly, any tax burden on American families would not be felt until 2015, and the cost would be closer to $31 per person and $79 per year. The controversial claim originates in a Web posting by the House Republican Conference on March 24, which says: “The administration raises revenue for nationalized health care through a series of new taxes, including a light switch tax that would cost every American household $3,128 a year. What effect will this have on Americans struggling to pay their mortgages?” The St. Petersburg Times explains that the GOP’s “light switch tax” is a reference to President Obama’s proposal to tax power companies for carbon dioxide emissions, and allow companies to trade emissions credits among themselves. The program is called cap-and-trade. Republicans say the power companies would pass the tax on to electricity consumers, thus creating what they call a “light switch tax”—a term the Times calls misleading in and of itself. According to the MIT study, such a program would raise around $366 billion per year; Republicans divide that figure by the 117 million households in the US and get $3,128 in additional costs. Reilly says the Republicans are “just wrong. It’s wrong in so many ways it’s hard to begin.”
Corrected by Study's Author - And, Reilly says, he told House Republicans so when they contacted him on March 20. “I had explained why the estimate they had was probably incorrect and what they should do to correct it, but I think this wrong number was already floating around by that time.” Republicans also claim that the Obama administration intends to use cap-and-trade money to pay for what they call “nationalized health care,” a claim refuted by details of the program released by Obama officials. (House Republicans later amend this claim to say that the program will pay for “increased spending.”) The Times notes that Boehner rebuffs a second attempt by Reilly to correct the claim that the program will cost American households over $3,000 per year.
Further Falsehoods - Instead, nine other Republicans and the neoconservative Weekly Standard begin echoing the claim, with the Standard claiming that their figures show an annual cost of over $3,900 and accusing Reilly of “low-balling the cost of cap-and-trade by using some fuzzy logic.” Reilly says the Standard “just completely twisted the whole thing.… It’s false.” Senator Judd Gregg (R-NH) takes the claim even further, saying that the huge annual tax would be levied on “every living American.” Representative Paul Ryan (R-WI) restates the cost to $4,500 per family, and fellow House colleague Cynthia Lummis (R-WY) raises the rate to $4,560. Fox News correspondent Jim Angle reports Gregg’s claim without refutation or examination; on a later Fox broadcast, Gregg says, “every time you turn on your light switch, you’re going to be paying a tax.”
Denouncing the Lies - Reilly has written to Boehner and the Select Committee on Energy Independence and Global Warming to denounce the GOP’s distortion of the MIT study. Democratic Representative Earl Blumenauer (D-OR) accuses the Republicans of “using an intentional misrepresentation of the study,” and says: “One of the things I find most distressing is their repeated falsehood about somehow a $3,000 increase in taxes on the American people based on a research done by MIT. They talked about it four times again last night!… The fact is that in the budget we have an opportunity for people who want to be legislators not communicators to help us allocate how those benefits will be utilized.” [St. Petersburg Times, 3/30/2009; Think Progress, 4/1/2009; Think Progress, 4/2/2009]
Entity Tags: Judd Gregg, Mitch McConnell, Paul Ryan, Obama administration, John Reilly, Jim Angle, Cynthia Lummis, Earl Blumenauer, House Select Committee on Energy Independence and Global Warming, House Republican Conference, John Boehner
Timeline Tags: Global Warming, Global Economic Crises
Fox News talk show host Glenn Beck, with former UN Ambassador John R. Bolton as his guest, says that the Obama administration is pushing for a “global currency.” The assertion is part of Beck’s larger claim that Obama wants to steer the US towards some sort of “one-world government.” Beck says: “Ambassador, everybody is calling for global currency. I think part of this is a game, but I think, also, part of it is a—I mean, now the UN is saying, you know what? We should have a global currency. It’s also a movement to tie the entire globe together into one big government. Am I wrong or right?” Beck adds later in the interview: “You’re known as a fighter. I mean, you are a guy in there, man, you were just taking the fight right to them. So, what does the average person do? I mean, the average person, they hear, you know, I might be losing my sovereignty.… What—who do—who’s on our side?” Bolton responds: “Well, you know, I think it’s important we understand what we mean by sovereignty. To Europeans and many left-wing intellectuals in this country, it’s just kind of an abstract concept that doesn’t mean much. But I think to most Americans, sovereignty means our control over our own government. It’s about self-government.” Beck later says: “Ambassador, when you say world government, it does sound nuts. And because everybody knows, nobody is for world government,” and Bolton responds: “That’s why they don’t call it world government anymore. And they’ll try and find these other phrases. But you have to look underneath of it. And it’s on a range of issues, not just the money supply, but gun control, the death penalty, abortion, all—global warming—all of which are issues we can and should debate in our—in our constitutional democratic framework. We don’t need to decide them internationally. But that’s what the agenda is of many people very close to the Obama administration.” [Media Matters, 4/10/2009] Beck and Bolton are echoing claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010), and that are echoed by Fox News pundits such as Glenn Beck (see March 17, 2009), Bill O’Reilly (see April 1-2, 2009), and others (see April 6, 2009).
Fox News contributor Charles Payne, appearing on Fox’s morning show Fox & Friends, tells viewers that under the Obama administration the US is moving towards a “one-world” government. Payne is echoing claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010), and that will be echoed by Fox News pundits such as Bill O’Reilly (see April 1-2, 2009) and others (see April 6, 2009). Payne says: “Listen, one day I think that we are heading toward a one-world sort of government. I think Obama probably likes that,” and says moments later, “We’re taking itty-bitty steps towards that.” [Media Matters, 3/24/2009; Media Matters, 4/10/2009] Payne is following recent, similar claims by Fox News guest Alex Jones (see March 18, 2009) and Fox host Glenn Beck and his guests (see March 17, 2009 and March 24, 2009).
During a House Subcommittee on Energy and Environment hearing, Representative John Shimkus (R-IL) argues against a so-called “cap-and-trade” system to limit carbon dioxide emissions in the atmosphere. Shimkus argues that the world’s ecology depends on carbon dioxide to survive: “It’s plant food.… So if we decrease the use of carbon dioxide, are we not taking away plant food from the atmosphere?… So all our good intentions could be for naught. In fact, we could be doing just the opposite of what the people who want to save the world are saying.” The National Wildlife Fund responds to Shimkus’s statement by noting that the world’s plant life has sufferred tremendous damage from the inordinate amount of carbon dioxide and other gases resulting from the burning of fossil fuels. Liberal analyst Matthew Yglesias writes: “The point about our CO2 emissions is that the rate at which fossil fuel use puts new carbon into the atmosphere greatly exceeds the rate at which plants remove it. The aim is not to eliminate the CO2 from the atmosphere but to stabilize the amount of CO2, which means curtailing emissions to a level much closer to the rate at which plants consume it.” [Think Progress, 3/27/2009]
Eric Cantor (R-VA), the House Minority Whip, while appearing on C-SPAN’s “Washington Journal,” agrees with a caller that the Obama administration is moving the US towards one-party fascist rule. The caller says: “But what really is scaring the rest of us, the other half of us, is the fascism. I mean the true fascism that is happening in this country today.… The belligerent takeover of a one-party system.” Without repeating the terminology, Cantor agrees: “Now as far as a one-party government in here, I think what the public is doing, they’re finally waking up and everybody is realizing that checks and balances are a part of the system and divided government is something that is beneficial to a balanced debate, and something that can produce a better outcome. Which is exactly why Republicans in the House have said, ‘Look, we want to work with our colleagues on the other side of the aisle. We want to try to bring this president back into the mainstream.’” [Think Progress, 3/25/2009]
Fox News host Sean Hannity and former House Speaker Newt Gingrich (R-GA) join to accuse President Obama of attempting to impose a “dictatorship” in America. Discussing the Obama administration’s plans to implement new financial regulations and oversight, Hannity begins by accusing Obama of “mov[ing] America down the road to socialism.” He asks Gingrich to “explain” to the audience “how dangerous this power grab is.” Gingrich responds: “We are seeing the biggest power grab by politicians in American history. The idea that they would propose that the treasury could intervene and take over non-bank, non-financial system assets gives them the potential to basically create the equivalent of a dictatorship.… Look, it absolutely moves it towards a political dictatorship.” [Think Progress, 3/26/2009]
House Minority Leader John Boehner (R-OH) produces a Republican alternative to the Obama administration’s $3.6 trillion budget proposal. Calling President Obama’s budget “completely irresponsible,” Boehner holds up a booklet on the floor of the House and says: “Two nights ago the president said, ‘We haven’t seen a budget yet out of Republicans.’ Well, it’s just not true because—Here it is, Mr. President.” Boehner calls the booklet a “blueprint for where we’re going.” However, the booklet contains almost no details and no actual numbers; the Associated Press calls it “a glossy pamphlet short on detail.” Boehner’s House colleague Paul Ryan (R-WI) says more details will be revealed next week. “We’re going to show a leaner budget, a budget with lower taxes, lower spending, and lower borrowing,” Ryan says. “Our plan curbs spending, creates jobs, and cuts taxes, while reducing the deficit,” says Boehner. When asked about specifics, including where the cuts would come from, Boehner tells a reporter, “We’ll wait and see next week.” [CNN, 3/26/2009; Associated Press, 3/27/2009]
Cutting Deficits, Lowering Taxes for Wealthy Americans and Working Class - The proposal does not specify how it would reduce the federal deficit. It does advocate heavy cuts in domestic spending and lowering tax rates: the Republicans propose reducing the 35 percent, 33 percent, and 28 percent tax brackets to 25 percent, which would result in significant tax cuts for wealthier Americans. The proposal would also reduce the tax rate for those making below $100,000 to 10 percent. Liberal analyst Matthew Yglesias notes, “It’s strange that the Republicans railing about long-term deficits seem to love long-term deficits when the point of the deficits is to further enrich the rich.” [Think Progress, 3/26/2009]
No Actual Numbers - Representative Mike Pence (R-IN) says “[i]t’s not likely” that the GOP budget will be adopted. However, Pence says he believes “that a minority in Congress plus the American people equals the majority.” Pence adds, “We intend to take our case for fiscal discipline, growth, and tax relief to the American people from sea to shining sea and if the American people will rise up, anything is possible on Capitol Hill.” White House press secretary Robert Gibbs laughs at the Republicans’ budget proposal, noting that the blueprint contains more pictures of windmills than charts. “It’s interesting to have a budget that doesn’t contain any numbers,” he says. “I think the ‘party of no’ has become the ‘party of no new ideas.‘… The administration is glad that the Republicans heard the president’s call to submit an alternative,” he says. “We just hope that next time it will contain actual numbers so somebody can evaluate what it means.” Obama’s proposal is likely to be modified by more conservative Democrats in the upcoming days. Senate Republicans later say that they do not intend to submit a specific alternate proposal to Obama’s budget, a decision that the Associated Press notes “spares them the need to make politically difficult choices.” [CNN, 3/26/2009; Associated Press, 3/27/2009] Asked about the proposal’s effect on the federal deficit by MSNBC correspondent Norah O’Donnell, Pence is unable to answer the question. O’Donnell asks: “So you don’t have the numbers now? About what your plan would be in terms of how it would cut the deficit or add to the deficit? You don’t have any numbers on that?” Pence attempts to duck the question: “Well, it’s really a broad—when the White House a few minutes ago was attacking the numbers in this bill, the tax cut numbers. There’s plenty of numbers in the Republican recovery plan. And we just really believe the president’s plan to raise taxes by nearly 2 trillion dollars on almost every American… deserves a debate on Capitol Hill.” O’Donnell responds, “[H]ow is your plan credible?” Pence replies: “Well, I thought through this morning, we didn’t have a plan, so it may be progress our plan is being attacked.… This is the broad outline.” [Think Progress, 3/26/2009]
'Marketing Document' - Five days later, Ryan will admit that the “budget proposal” being offered by Boehner is nothing more than a “marketing document” (see April 1, 2009).
Dr. George Tiller, one of three doctors in the US that perform late-term abortions, is acquitted of misdemeanor charges that he violated laws governing such abortions. Within minutes of the acquittal, the Kansas Board of Healing Arts announces that it is investigating allegations against Tiller almost identical to the charges rejected by the jury. Prosecutors alleged that in 2003, Tiller had gotten second opinions on late-term abortions, not from an independent doctor as required by law, but from a doctor that was an employee of his. The jury takes an hour to reject the 19 charges. “You would hope it would be over,” says Tiller’s attorney Dan Monnat, “but there is a group of people who want to suppress the constitutional rights of women.” Tiller has maintained that the charges are politically motivated. He has long been a target of violent anti-abortion protests; his clinic was bombed in 1985 and targeted by the 1991 “Summer of Mercy” protests featuring violent demonstrations, and in 1993 he was shot by an anti-abortion activist (see August 19, 1993). [Associated Press, 3/27/2009] Tiller will be murdered by anti-abortion activist Scott Roeder several weeks later (see May 31, 2009).
Fox News host Glenn Beck, on his daily radio show, hosts US Representative Michele Bachmann (R-MN) to discuss her proposed constitutional amendment “to prohibit the president from entering into a treaty or other international agreement that would provide for the United States to adopt as legal tender in the United States a currency issued by an entity other than the United States.” Beck says to Bachmann: “I don’t want to believe that there are people in our country that would trash our dollar like this. And what’s going to happen is if you start to talk about a global currency, which I’m telling you, there’s no way out of what we’re doing now besides devaluing the dollar to pay off our debt and then have a new currency. There’s just no other way.… [W]hat happens is when you stand up, and when you say those things, then you’re deemed a kook. Then you’re deemed a militia member.” Bachmann says later in the interview: “The president is committing us so much now, and Congress is committing us to so much spending, that the only way out will be for him to continue to print money and have wild inflation. And once that collapses, then it’s a global currency. Well, then we are no more as a nation. We cease at that point.” Beck responds: “I believe it. But convincing everybody else may be a different story.” [Glenn Beck, 3/29/2009; Media Matters, 4/10/2009]
Glenn Beck. [Source: New York Times]The New York Times profiles Fox News talk show host Glenn Beck, describing him as a “rising star” and “one of the most powerful media voices for the nation’s conservative anger.” Beck’s show typically draws about 2.3 million viewers, putting him third among all cable news hosts behind fellow Fox conservatives Bill O’Reilly and Sean Hannity. Beck describes himself as identifying with Howard Beale, the mad “television prophet” of the 1976 film Network, and particularly Beale’s most famous line, “I’m mad as hell, and I’m not going to take it anymore.” [New York Times, 3/29/2009] (Media pundit Eric Boehlert calls Beck’s attempt to associate himself with Beale “nonsense,” and observes: “Beale’s unvarnished on-air rants… targeted conformity, corporate conglomerates, and the propaganda power of television.… Beale’s attacks were not political or partisan. Beck, by contrast, unleashes his anger against, and whips up dark scenarios about, the new president of the United States. Big difference.”) [Media Matters, 4/7/2009]
Apocalyptic Rhetoric - Though he insists he believes every word he says on his TV show as well as on his daily radio broadcast, Beck also calls himself a “rodeo clown” and an “entertainer” who reminds his listeners, “If you take what I say as gospel, you’re an idiot.” (Beck is a former morning show disc jockey who regularly performs stand-up comedy in shows around the country.) The Times writes that Beck “is capturing the feelings of an alienated class of Americans.” He regularly preaches against liberal politicians, hosts segments entitled “Constitution Under Attack” and “Economic Apocalypse,” and sometimes bursts into tears. [New York Times, 3/29/2009] Progressive media watchdog site Media Matters will note in a later article that Beck regularly terms President Obama a Marxist, a socialist, and/or a fascist. [Media Matters, 4/7/2009] In a recent week-long segment titled “War Games,” Beck advocated for armed citizen militias to overthrow the government (see February 20, 2009), though he later denied such advocacy. America is “on the road to socialism,” he tells his viewers, and claims, “God and religion are under attack in the US.” He recently accused the Federal Emergency Management Agency (FEMA) of setting up “concentration camps” for citizen dissenters, presumably conservatives. He has accused the Obama administration of trying to “indoctrinate… your child into community service through the federal government” [Media Matters, 3/27/2009] , says America is about to go through “depression and revolution” [Media Matters, 2/13/2009] , and, three days after the Times article is published, compares the administration’s actions to those in “the early days of Adolf Hitler.” [Media Matters, 4/1/2009] He will accuse the government of being what he calls “a heroin pusher using smiley-faced fascism to grow the nanny state.” [Media Matters, 3/31/2009]
Voice of the 'Disenfranchised' - Phil Griffin, the president of Fox News cable rival MSNBC, says of Beck: “That’s good dramatic television. That’s who Glenn Beck is.” Tom Rosenstiel, the director of the Project for Excellence in Journalism, says: “There are absolutely historical precedents for what is happening with Beck. There was a lot of radio evangelism during the Depression. People were frustrated and frightened. There are a lot of scary parallels now.” Conservative writer David Frum calls Beck’s success “a product of the collapse of conservatism as an organized political force, and the rise of conservatism as an alienated cultural sensibility.” Beck’s shows are “for people who feel they belong to an embattled minority that is disenfranchised and cut off,” Frum adds. Fox News senior vice president Joel Cheatwood says Beck’s audience is “somewhat disenfranchised,” and adds, “[I]t’s a huge audience.” Author and media professor Jeffrey Jones says that Beck engages in “inciting rhetoric. People hear their values are under attack and they get worried. It becomes an opportunity for them to stand up and do something.” Beck denies inciting attacks on the government or any other citizens, saying that those “who are spreading the garbage that I’m stirring up a revolution haven’t watched the show.” Fellow talk show host Bill Maher recently accused Beck of producing “the same kind of talking” that led Timothy McVeigh to bomb a federal building in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995); Beck responded by saying in part: “Let me be clear. If someone tries to harm another person in the name of the Constitution or the ‘truth’ behind 9/11 or anything else, they are just as dangerous and crazy as those we don’t seem to recognize anymore, who kill in the name of Allah.” [New York Times, 3/29/2009] (The Times does not publish Beck’s next line: “There are enemies both foreign and domestic in America tonight. Call it fearmongering or call it the truth.”) [Media Matters, 4/7/2009] He describes himself as having to “be… the guy I don’t want to be—the guy saying things that are sometimes pretty scary, but nobody else is willing to say them.” Currently Beck is the voice of the “We Surround Them” movement (see March 3, 2009) and is part of the “Tea Party” or “teabaggers” civil protest project (see April 8, 2009). [New York Times, 3/29/2009]
Entity Tags: Glenn Beck, David Frum, Eric Boehlert, Tom Rosenstiel, Bill Maher, New York Times, Jeffrey Jones, Phil Griffin, Fox News, Media Matters, Joel Cheatwood
Timeline Tags: Domestic Propaganda
US CENTCOM commander General David Petraeus disagrees with assertions by former Vice President Cheney that President Obama is endangering the country (see February 4, 2009 and March 15, 2009). Petraeus, whom Cheney has called “extremely capable,” says when asked about Cheney’s comments: “Well, I wouldn’t necessarily agree with that. I think in fact that there is a good debate going on about the importance of values in all that we do. I think that if one violates the values that we hold so dear, that we jeopardize.… We think for the military, in particular that camp, that’s a line [torture] that can’t be crossed. It is hugely significant to us to live the values that we hold so dear and that we have fought so hard to protect over the years.” [Think Progress, 3/29/2009]
The CIA’s torture of a supposed high-ranking al-Qaeda operative, Abu Zubaida, produced no information that helped foil any terrorist attacks or plots, according to former senior government officials who closely followed the interrogations. Zubaida was subjected to intensive waterboarding and other tortures (see April - June 2002), and provided information about a fantastic array of al-Qaeda plots that sent CIA agents all over the globe chasing down his leads. But none of his information panned out, according to the former officials. Almost everything Zubaida said under torture was false, and most of the reliable information gleaned from him—chiefly the names of al-Qaeda members and associates—was obtained before the CIA began torturing him. Moreover, the US’s characterization of Zubaida as “al-Qaeda’s chief of operations” and a “trusted associate” of Osama bin Laden turned out to be false as well. Several sources have challenged the government’s characterization of Zubaida as a “high-level al-Qaeda operative” before now (see Shortly After March 28, 2002 and April 9, 2002 and After).
'Fixer' for Islamists before 9/11 - Zubaida, a native Palestinian, never even joined al-Qaeda until after 9/11, according to information obtained from court documents and interviews with current and former intelligence, law enforcement, and military sources. Instead, he was a “fixer” for a number of radical Islamists, who regarded the US as an enemy primarily because of its support for Israel. Many describe Zubaida as a “travel agent” for al-Qaeda and other radical Islamists. He joined al-Qaeda because of the US’s preparations to invade Afghanistan. US officials are contemplating what, if any, charges they can use to bring him into court. Zubaida has alleged links with Ahmed Ressam, the so-called “Millennium Bomber” (see December 14, 1999), and allegedly took part in plans to retaliate against US forces after the overthrow of the Taliban in late 2001 (see December 17, 2001). But some US officials worry that bringing him into a courtroom would reveal the extent of his torture and abuse at the hands of the CIA, and that any evidence they might have against him is compromised because it was obtained in part through torture. Those officials want to send him to Jordan, where he faces allegations of conspiracy in terrorist attacks in that country.
Defending Zubaida's Information - Some in the US government still believe that Zubaida provided useful information. “It’s simply wrong to suggest that Abu Zubaida wasn’t intimately involved with al-Qaeda,” says a US counterterrorism official. “He was one of the terrorist organization’s key facilitators, offered new insights into how the organization operated, provided critical information on senior al-Qaeda figures… and identified hundreds of al-Qaeda members. How anyone can minimize that information—some of the best we had at the time on al-Qaeda—is beyond me.… Based on what he shared during his interrogations, he was certainly aware of many of al-Qaeda’s activities and operatives.” But the characterization of Zubaida as a well-connected errand runner was confirmed by Noor al-Deen, a Syrian teenager captured along with Zubaida at a Pakistani safe house (see March 28, 2002). Al-Deen readily answered questions, both in Pakistan and in a detention facility in Morocco. He described Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. (Al-Deen was later transferred to Syria; his current whereabouts and status are unknown to the public.) A former Justice Department official closely involved in the early investigation of Zubaida says: “He was the above-ground support” for al-Qaeda and other radicals. “He was the guy keeping the safe house, and that’s not someone who gets to know the details of the plans. To make him the mastermind of anything is ridiculous.” A former intelligence officer says the US spent an inestimable amount of time and money chasing Zubaida’s “leads” to no effect: “We spent millions of dollars chasing false alarms.”
Connected to KSM - Zubaida knew radical Islamist Khalid Shaikh Mohammed for years. Mohammed, often dubbed “KSM” by US officials, approached Zubaida in the 1990s about finding financial backers for a plan he had concocted to fly a small plane into the World Trade Center. Zubaida declined involvement but recommended he talk to bin Laden. Zubaida quickly told FBI interrogators of Mohammed and other al-Qaeda figures such as alleged “dirty bomber” Jose Padilla (see May 8, 2002). He also revealed the plans of the low-level al-Qaeda operatives he fled Afghanistan with. Some wanted to strike US forces in Afghanistan with bombs, while others harbored ideas of further strikes on American soil. But he knew few details, and had no knowledge of plans by senior al-Qaeda operatives. At this point, the CIA took over the interrogations, and the torture began (see Mid-April-May 2002). As a result of the torture, Zubaida began alternating between obstinate silence and providing torrents of falsified and fanciful “intelligence”; when FBI “clean teams” attempted to re-interview some detainees who had been tortured in order to obtain evidence uncontaminated by abusive treatment, Zubaida refused to cooperate. Joseph Margulies, one of Zubaida’s attorneys, says: “The government doesn’t retreat from who KSM is, and neither does KSM. With Zubaida, it’s different. The government seems finally to understand he is not at all the person they thought he was. But he was tortured. And that’s just a profoundly embarrassing position for the government to be in.” Margulies and other lawyers want the US to send Zubaida to another country besides Jordan—Saudi Arabia, perhaps, where Zubaida has family. Military prosecutors have already deleted Zubaida’s name from the charge sheets of detainees who will soon stand trial, including several who were captured with Zubaida and are charged with crimes in which Zubaida’s involvement has been alleged.
Pressure from the White House - The pressure from the White House to get actionable information from Zubaida was intense (see Late March 2002), according to sources. One official recalls the pressure as “tremendous.” He says the push to force information from Zubaida mounted from one daily briefing to the next. “They couldn’t stand the idea that there wasn’t anything new. They’d say, ‘You aren’t working hard enough.’ There was both a disbelief in what he was saying and also a desire for retribution—a feeling that ‘He’s going to talk, and if he doesn’t talk, we’ll do whatever.’” [Washington Post, 3/29/2009]
Entity Tags: Jose Padilla, Al-Qaeda, Ahmed Ressam, Abu Zubaida, Bush administration (43), Federal Bureau of Investigation, Khalid Shaikh Mohammed, US Department of Justice, Joseph Margulies, Central Intelligence Agency, Noor al-Deen
Timeline Tags: Torture of US Captives
CNN anchor Wolf Blitzer interviews investigative journalist Seymour Hersh, who recently alleged that an “executive assassination wing” operated out of the White House (see March 10, 2009). Blitzer notes that the entity Hersh cited, the Joint Special Operations Command (JSOC), denies Hersh’s claim, and says, in Blitzer’s words, “their forces operate under established rules of engagement and the law of armed conflict.” The JSOC “has no command and control authorities over the US military,” the JSOC has told Blitzer. Additionally, former Bush national security expert Frances Townsend has denied Hersh’s claim.
Not New Reporting - Hersh tells Blitzer that though he has not written specifically about the “assassination wing,” he and others have written about the actions of the JSOC well before now. “[I]t’s a separately independent unit that does not report to Congress, at least in the years I know about.… It has been given executive authority by the president in as many as 12 countries to go in and kill we’re talking about high value targets. That’s absolutely correct.” He says that such actions are not only illegal, but have no basis in intelligence. “The idea that you’re telling a group of American combat soldiers,” he says, “[t]he idea that we have a unit set up who goes after high-value targets who up to a certain point I know for sure until very recently were clearing lists. That doesn’t mean Cheney has an assassination unit that he says I want to go get somebody. That’s how it sort of played out in the press. The idea that we have a unit that goes around and without reporting to Congress, Congress knows very little about this group, can’t get clearings, can’t get hearings, can’t get even a classified hearings on it. Congresspeople have told me this. Those are out and has authority for the president to go into a country without telling the CIA station chief or the ambassador and whack somebody and I’m sorry, Wolf, I have a lot of problems with that.”
Poor Choice of Phrase - Hersh says he regrets using the phrase “executive assassination wing,” because it is a “loaded phrase.” Word choice aside, Hersh says: “It comes down to the same thing, that you can—you’ve delegated authority to troops in the field to hit people on the basis of whatever intelligence they think is good and I can tell you it’s always not good and sometimes things get very bloody.… The bottom line is, it’s—if it were the way your little presentation set up, that everything was checked and cleared, in fact, it was an awful lot of delegation to this group, which does not brief the Congress. And this does raise profound questions of constitutional authority. It’s the same questions that have come up repeatedly in the Bush administration. That is a unitarian president, the notion that a president can do things without telling Congress and unilaterally. This is an extension of that issue.”
Implied Confirmation from Former Cheney Adviser - John Hannah, the former national security adviser to Vice President Cheney, says Hersh’s allegations are “not true,” but in his next statement, he seems to confirm Hersh’s allegations to an extent. Blitzer says: “Explain exactly what’s going on in terms of a list. Is there a list of terrorists, suspected terrorists, out there who can be assassinated?” Hannah replies: “There is—there’s clearly a group of people that go through a very extremely well-vetted process—interagency process, as I think was explained in your piece, that have committed acts of war against the United States, who are at war with the United States, or is suspected of planning operations of war against the United States, who authority is given, to our troops in the field in certain war theaters to capture or kill those individuals. That is certainly true.… Osama bin Laden and his number two are right at the top of the list. [The number of individuals to be assassinated] is a small group and the point is that it is very, very heavily vetted throughout the interagency process.” Hannah says that he has trouble believing that Congress was not aware of actions, presumably including possible assassinations, carried out by the JSOC: “I don’t know exactly what the consultations are with the Congress, but it’s hard for me to believe that those committee chairman and the leadership on the Hill involved in intelligence and armed services, if they want to know about these operations, cannot get that information through the Defense Department.” Asked if such assassinations are legal and Constitutional, Hannah says: “There is no question. And in a theater of war, when we are at war, and there’s no doubt, we are still at war against al-Qaeda in Iraq, al-Qaeda in Afghanistan, and on that Pakistani border, that our troops have the authority to go out after and capture and kill the enemy, including the leadership of the enemy.” [CNN, 3/30/2009; MinnPost (.com), 3/31/2009]
Louisiana State Representative John LaBruzzo (R-Metarie) introduces legislation in the Louisiana State House of Representatives that would require all new applicants for state welfare to submit to drug testing. Those who fail would be denied benefits until they completed a required counseling program. Currently, Louisiana screens applicants through interviews and questionnaires. Those suspected of being drug users are tested, and they can still get Temporary Assistance for Needy Families as long as they comply with the state-paid treatment program. They are denied benefits only if they refuse the counseling-treatment program or when they fail to meet its requirements. LaBruzzo triggered a storm of criticism last year when he suggested paying welfare recipients to be sterilized (see September 23, 2008); the ensuing controversy cost him the vice chairmanship of the House Health and Welfare Committee. That idea was quickly shelved, and LaBruzzo now calls it “one of several ideas” from a “brainstorming session” on how to reduce public assistance rolls. “I never intended to draft legislation,” he says. LaBruzzo has said that Louisiana is losing tax revenues because people receiving government aid reproduce at a faster rate than wealthier, better-educated people who pay more in taxes. He calls his idea of drug-testing all welfare applicants a “sensible way” to trim the number of households on assistance, and says it will “prove that welfare recipients in Louisiana are not criminals,” by giving taxpayers assurance that anyone on assistance is drug free. His idea would mandate the Department of Social Services (DSS) to outsource the testing program to a private firm. LaBruzzo also says that anyone convicted of a drug felony should have to wait 10 years before receiving public assistance. Currently, the law mandates a one-year waiting period. In 2008, about 14,000 families received a total of $17 million in assistance. The monthly benefit to a qualifying parent with two children is about $250. LaBruzzo incorrectly says Louisiana already spends $40 million on testing and treatment programs, but DSS spokesperson Trey Williams says the actual figure is a tenth of LaBruzzo’s claim—$4.1 million. LaBruzzo also claims that Louisiana is suffering from a “growing problem of welfare,” though the number of recipients has been much lower since 1996, when President Clinton signed a federal law that limited recipients to a cumulative five years of benefits. [New Orleans Times-Picayune, 3/30/2009]
The New York Post publishes an article headlined “Scary! Obama nominee wants one world order.” The article, by Post reporter Meghan Clyne, attacks President Obama’s nomination of Yale Law School dean Harold Koh as legal adviser to the State Department. Clyne says Koh is a “fan of ‘transnational legal process,’ arguing that the distinctions between US and international law should vanish.” She says that according to Koh’s views, judges should put aside the Constitution in favor of “legal ‘norms’” from other nations’ laws. “Sharia law could apply to disputes in US courts,” she writes. “The United States constitutes an ‘axis of disobedience’ along with North Korea and Saddam-era Iraq.” The newly launched Fox Nation, the blog for Fox News, links to the article, which disappears from the Post’s Web archive shortly thereafter. [Fox Nation, 3/31/2009; Media Matters, 4/10/2009] An extraordinarily racist conservative blog, Chimpout, hosts a forum discussion of the article under the heading “Osambo picks another douche bag for his cabinet.” The forum’s thread is part of a larger discussion section entitled “N_gger College” and a subsection entitled “F_cked Up Facts about First Monkey,” an apparent reference to Obama. Commenters immediately begin launching “birther”-styled accusations of Obama being an illegal president because of his “Kenyan birth” (see October 8, 2008, October 16, 2008 and After, November 10, 2008, August 1-4, 2009, and August 4, 2009), and say Obama should be relegated to “picking cotton.” [Chimpout, 3/31/2009] Days later, Fox News talk show host Glenn Beck, conservative editor Cliff Kincaid, and former Republican Senator Rick Santorum will join in attacking Koh (see April 1, 2009, April 6, 2009, and April 9, 2009).
Entity Tags: Glenn Beck, Chimpout (.com), Barack Obama, Fox Nation, US Department of State, Obama administration, Harold Koh, Rick Santorum, New York Post, Meghan Clyne, Cliff Kincaid
Timeline Tags: Domestic Propaganda
Dick Morris discussing the economy on Fox News. [Source: Fox News]Conservative political pundit Dick Morris tells a Fox News audience that the recent G20 economic summit advocated a “global approach” to the current economic crisis, and discussed putting both the Securities and Exchange Commission (SEC) and the Federal Reserve under the control of the International Monetary Fund—a position not advocated or discussed by anyone in the Obama administration. He worries that there will soon be what he calls “a supernational authority run by bureaucrats, not by elected officials, that will be telling the elected governments, including the United States, what its [economic] regulations should be.” President Obama is far more amenable to the idea of allowing a multinational authority to control the US economy, Morris insists, and adds that Obama intends to preside over what he calls “a global redistribution of income, downward,” using environmental policy as “an excuse.” “We’re about to meet Barack Obama the internationalist,” Morris continues, “not fighting for American interests, but looking for global coordination.” He concludes, “Those crazies in Montana who say, ‘We’re going to kill ATF agents because the UN’s going to take over’—well, they’re beginning to have a case.” [Media Matters, 3/31/2009]
A new neoconservative think tank, the Foreign Policy Initiative (FPI—see Before March 25, 2009) holds a conference entitled “Afghanistan: Planning for Success.” The focus will be, according to the organization’s website, a push to escalate US military efforts in that nation. The featured speaker is Senator John McCain (R-AZ), the 2008 presidential candidate and a close friend of two of FPI’s founders, William Kristol and Robert Kagan. In February, McCain gave a speech at the neoconservative American Enterprise Institute (AEI) arguing for a new military “surge” in Afghanistan. Other speakers include AEI fellow Frederick Kagan, counterinsurgency expert Lieutenant Colonel John Nagl, and Representative Jane Harman (D-CA), a foreign policy hawk. [Inter Press Service, 3/25/2009; Foreign Policy Initiative, 3/31/2009] Matt Duss of the Center for American Progress wryly observes: “[G]iven the heavy representation of Iraq war advocates [in the conference], I think a far better title would be ‘Afghanistan: Dealing With The Huge Problems Created By Many Of The People On This Very Stage.’ The broad consensus among national security analysts and aid officials is that the diversion of troops and resources toward Iraq beginning in 2002 was one of the main reasons the Taliban and al-Qaeda were able to to re-establish themselves in the Afghanistan-Pakistan border areas, facilitating the collapse of the country back into insurgent warfare. Having failed to complete the mission in Afghanistan, Bush and the Iraq hawks handed the Obama administration a war that promises to be as difficult and costly as Iraq has been—if not more. It’s deeply absurd that some of the people most responsible for the crisis in Afghanistan would now presume to tell us how to deal with it.” [Think Progress, 3/26/2009]
Americorps/VISTA logo. [Source: Americorps]Congress sends the Edward M. Kennedy Serve America Act to President Obama, who will sign the act into law sometime in April. The bill passed both houses of Congress with large majorities. Senator Orrin Hatch (R-UT), who co-sponsored the Senate legislation, says the bill is “probably the most bipartisan bill we will see on the Senate floor this year.” House Republicans wrote in the House committee report: “[W]e applaud the inclusion of reforms that Committee Republicans have long championed to ensure that recipients of taxpayer funds are held accountable for results. We are pleased to join with the Majority in supporting bipartisan efforts to strengthen the national service laws and improve service delivery throughout the country.” The bill provides for the expansion of the AmeriCorps program from 75,000 to 250,000, creating new groups of volunteers focusing on health care, education, renewable energy, and veterans, and reauthorizing such AmeriCorps organizations as VISTA (Volunteers in Service to America) and the National Civilian Community Corps. The Kennedy Act also calls for awarding college students who complete a full-time national service job an “educational award having a value equal to the maximum amount of a Federal Pell Grant.” AmeriCorps says this would increase the amount its members receive upon completion of service from $4,725 to $5,350, which they can use to pay for school or pay back student loans. First Lady Michelle Obama says the bill is of particular concern to her, as volunteerism is one of her priorities. The legislation was originally known as the “Generations Invigorating Volunteerism and Education (GIVE) Act,” but senators renamed it in honor of ailing Senator Edward Kennedy (D-MA), who helped craft the bill. Kennedy says of its final passage in the House of Representatives: “Today’s House vote again demonstrates the high priority Congress gives to encouraging citizens of all ages in all communities across America to participate in public service. This legislation will enable many more Americans to do something for their country to meet the many challenges facing us. I look forward to the president signing this bill into law so that a welcome new era of national and community service can begin.” The bill also establishes September 11 as a national day of service. [New York Times, 3/31/2009; Annenberg Political Fact Check, 3/31/2009]
'Re-Education Camps' - Some Republican lawmakers, along with a variety of conservative pundits and radio show hosts, have claimed that the bill is far more sinister than it seems. House Representative Michele Bachmann (R-MN) says the bill will allow the Obama administration to create what she calls “re-education camps for young people…” Bachmann tells a Minnesota radio audience: “It’s under the guise of—quote—volunteerism. But it’s not volunteers at all. It’s paying people to do work on behalf of government.… I believe that there is a very strong chance that we will see that young people will be put into mandatory service. And the real concerns is that there are provisions for what I would call re-education camps for young people, where young people have to go and get trained in a philosophy that the government puts forward and then they have to go to work in some of these politically correct forums. [Minnesota Independent, 4/6/2009] The Annenberg Public Policy Center’s FactCheck.org receives numerous letters asking questions such as: “Is Congress creating a mandatory public service system? Are participants not allowed to go to church?” One writer tells FactCheck: “I have been getting all kinds of e-mails from people claiming that bill calls for mandatory service and in violation of our 13th amendment, and that I should call my congressman and tell them that this bill is modern day slavery. I have also received e-mails saying that service would still be voluntary and that the bill is just expanding current volunteer opportunities.… There is a lot of confusion out there right now regarding this very important legislation and was hoping you guys could shed some light.”
Debunking Claims - FactCheck reports, “The national service bill does not mandate that youth must participate nor does it forbid anyone who does participate from going to church.” It notes that many conservative pundits and bloggers have claimed that the bill “requires the government to draw up plans for a ‘mandatory service requirement for all able young people.’ Others say the bill forbids participants from attending church. These claims are false. Neither the House-passed bill nor the Senate-passed version says these things.”
'Mandatory Service Requirement?' - Bachmann and others have also claimed that the bill provides for a “mandatory service requirement for all able young people,” but that provision is not in any version of the bill. The original House bill did advance that as an idea worthy of study, and called for a “Congressional Commission on Civil Service” to “address and analyze” several topics, including “issues that deter volunteerism” and how they can be overcome, how expanding international public service might affect diplomacy and foreign relations, and “[w]hether a workable, fair, and reasonable mandatory service requirement for all able young people could be developed, and how such a requirement could be implemented in a manner that would strengthen the social fabric of the Nation.” The proposed commission would also investigate “[t]he need for a public service academy, a 4-year institution that offers a federally funded undergraduate education with a focus on training future public sector leaders.” However, that entire section was removed from the final bill. Hatch has confirmed that the bill contains no such provisions, saying on the floor of the Senate: “Consistent with our All-Volunteer Army and volunteer opportunities and individuals’ choice in communities, nothing in this legislation is mandatory. This bill simply provides more Americans more choices and opportunities to give back to their neighborhoods and their country all through the means which they freely choose.” The bill does provide for the inclusion of service-learning programs in public schools.
Church Attendance Prohibited? - Perhaps the most inflammatory claim is the one promulgated on conservative blogs and talk radio shows claiming that the bill would prohibit volunteers from attending church. FactCheck notes that such a provision “would be an incredibly draconian law—and a clear violation of the First Amendment right to freedom of religion, upon which this country was founded…” The claim seems to originate from the Jonas Clark Ministries, which has made Web postings and sent out mass e-mails claiming that the language of section 125 of the bill “prohibited activities and ineligible organizations,” and as such volunteers would be prohibited from attending church. The bill makes no such prohibition. It does, however, says that national service volunteers cannot attempt to “influence legislation,” organize “protests, petitions, boycotts or strikes,” promote “union organizing,” engage in “partisan political activities, or other activities designed to influence the outcome of an election to any public office,” and engage in “religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization.” The language is virtually identical to what AmeriCorps and Senior Corps has told their volunteers for years. FactCheck writes: “In other words, public service activities can’t include anything overtly religious or political. And this is nothing new.” AmeriCorps spokesman Sandy Scott later tells FactCheck: “Both House- and Senate-passed bills codify long-standing regulatory restrictions on engaging in certain activities while ‘on-duty’ as an AmeriCorps member. They do not cover what individuals do on their own time at their own initiative.” [Annenberg Political Fact Check, 3/31/2009]
Entity Tags: Edward M. Kennedy Serve America Act, Edward M. (“Ted”) Kennedy, Annenberg Public Policy Center, AmeriCorps, Volunteers in Service to America, Barack Obama, Senior Corps, Orrin Hatch, Michelle Obama, Michele Bachmann, National Civilian Community Corps, Sandy Scott, Obama administration, Jonas Clark Ministries
Timeline Tags: Domestic Propaganda, 2010 Elections
The virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) begins actively targeting Jewish synagogues, Jewish community centers, Israeli consulates, and other Jewish organizations and individuals, in what the Anti-Defamation League will consider an orchestrated attempt to express anti-Semitic views. The WBC begins announcing planned protests at dozens of sites, as well as bombarding various Jewish institutions and individuals with anti-Semitic faxes and emails. [Anti-Defamation League, 2012] In an April 23 press release, the WBC declares its opposition to Jews, writing: “JEWS KILLED JESUS! Yes, the Jews killed the Lord Jesus.… Now they’re carrying water for the fags; that’s what they do best: sin in God’s face every day, with unprecedented and disproportionate amounts of sodomy, fornication, adultery, abortion and idolatry! God hates these dark-hearted rebellious disobedient Jews.” [Anti-Defamation League, 2012; Southern Poverty Law Center, 2012]
The image used by San Mateo tea partiers to promote their upcoming anti-tax, pro-Ron Paul event. [Source: Contra Costa Times]Ron Nehring, the chairman of the San Mateo, California, Republican Party asks local tea party organizers not to use what Nehring calls anti-Semitic graphics to advertise their upcoming events. A graphic on a Web site asking for tea party members to attend an anti-tax rally depicts a bucket of money being poured into a funnel with a Star of David on it, which in turn drips blood into a bottle where a person holding a Palestinian flag is seen drowning in blood. The text reads: “Uncle Sam Reminds You: KEEP PAYING TAXES. The ongoing extermination of Palestinian Children Can’t be Done Without Your Help.” The tea party organization is affiliated with the presidential campaign of Representative Ron Paul (R-TX). Nehring writes: “The taxpayer movement is incredibly important for California, and we applaud the success of the tea parties that took place across the state on April 15. Because we remain intensely interested in the growth and success of the mainstream taxpayer movement, we strongly condemn the use of anti-Semitic imagery in the promotion of the recent event in San Mateo County.” [Contra Costa Times, 4/20/2009; Institute for Research & Education on Human Rights, 10/19/2010] The organizing group responds by taking its Meetup.com page private, thus denying access to non-members. Group leader Kathy McGrade writes to the Contra Costa Times that the organization has no direct affiliation to Paul, nor does it control the content on its Meetup pages. She accuses Nehring of enlarging the image to “read the fine print, something I had not done,” and says, “In retrospect I may have chosen a different graphic had I first scrutinized it more carefully.” McGrade then says the image is merely “provocative” and not anti-Semitic or anti-Israel, and attacks Nehring for calling the image posters “fringe” members of the tea party movement. Nehring, she writes, has launched “an unjustified smear of Dr. Paul and the people who support him.” [Contra Costa Times, 4/22/2009]
The right-wing advocacy group Americans for Prosperity (AFP), funded largely by Koch Industries (see August 30, 2010), has worked closely with the “tea party” movement since its inception (see February 27, 2009 and April 15, 2009). In the weeks before the first Tax Day protests (see April 8, 2009, April 15, 2009, and April 15, 2009), AFP hosts a Web site offering its visitors “Tea Party Talking Points.” The Arizona branch of AFP urges people to send tea bags to President Obama. The Missouri AFP urges its members to sign up for “Taxpayer Tea Party Registration” and provides driving directions to nine protests. After the protests, the North Carolina AFP will launch a “Tea Party Finder” Web site, advertised as “a hub for all the Tea Parties in North Carolina.” [New Yorker, 8/30/2010]
A proposal by two Senators, Jon Kyl (R-AZ) and Blanche Lincoln (D-AR), to cut $250 billion in estate taxes for the children of multi-millionaires, garners what progressive think tank the Center for American Progress calls “a disturbing amount of support.” The New York Times writes that for Kyl and Lincoln: “[T]he most pressing [economic] issue is clear: America’s wealthiest families need help. Now.” The Kyl-Lincoln proposal would raise the estate tax exemption from $7 million to $10 million per couple and lower the top rate from 45 percent to 35 percent. Kyl, Lincoln, and other supporters say the estate tax cuts would protect small farms and businesses. This claim is refuted by the Center on Budget and Policy Priorities, which notes that “only 0.2 percent of the additional cost of the proposal, relative to [the Obama proposal for estate taxes], would go toward tax cuts for small businesses and farms.” Around $249.5 billion of that money would go to the inheritors of estates worth over $7 million. According to both the Times and the Center for American Progress, less than 0.3 percent of Americans would pay estate taxes under Obama’s proposal; only those households worth over $7 million. The Times observes: “In addition to creating the false impression that the estate tax eventually hits everyone—by mislabeling it a ‘death tax’—opponents routinely denounce the 45 percent top tax rate as confiscatory. In fact, the rate applies only to the portion of the estate that exceeds the exemption. As a result, even estates worth more than $20 million end up paying only about 20 percent in taxes. Another misleading argument is that the estate tax represents double taxation. In truth, much of the wealth that is taxed at death has never been taxed before. That’s because such wealth is often accrued in the form of capital gains on stocks, real estate, and other investments. Capital gains are not taxed until an asset is sold. Obviously, if someone dies owning an asset, he or she never sold it and thus never paid tax on the gain. If those arguments aren’t enough to stop the Lincoln-Kyl show, lawmakers should consider this: The estate tax creates a big incentive for high-end philanthropy, because charitable bequests are exempt.” [New York Times, 4/1/2009; Think Progress, 4/1/2009]
Republican Representative Paul Ryan (R-WI) admits that the “budget proposal” offered the previous week by the GOP in response to President Obama’s own budget proposal (see March 26, 2009) was never anything more than a “marketing document.” On MSNBC’s “Morning Joe,” Ryan says, “The thing you saw last week was not the alternative budget, this is our alternative budget.” Ryan is referring to a budget the GOP intends to release later today. The “budget” touted on the floor of the House by Minority Leader John Boehner (R-OH) was a “marketing document,” Ryan says. “Somewhere along the line there was a misimpression given that that was our budget.” In the Wall Street Journal, Ryan says the GOP budget will include the following:
A five-year non-defense spending freeze;
Cutting the deficit 50 percent more than Obama’s proposal by 2019;
More oil exploration and fewer regulations on pollution;
A revamping of Medicare for those currently below age 55;
Making permanent the Bush administration’s tax cuts for wealthy Americans, and a simplified tax code that taxpayers could choose to use.
Of President Obama’s budget, Ryan says, “If this agenda comes to pass, it will mark this period in history as the moment America turned European.” [The Hill, 4/1/2009] The Center for American Progress, a progressive think tank, says that a spending freeze as advocated by the GOP budget would be calamitous for the American economy. The freeze would negate the entirety of the Obama administration’s multi-billion stimulus package, and would rely entirely on economic recovery generated by supply-side tax cuts. MSNBC’s Chris Matthews compares the idea to the economic ideas that led to the Great Depression: “[I]t sounds very much like [former President Herbert] Hoover. This is a doctrine which was tried in 1932 and failed. In a period of international deflation, the worst thing you can do is join in the deflation by cutting spending.” [Think Progress, 4/1/2009]
Twice in the same broadcast, Fox News airs a segment called “FOXFacts” that echoes almost verbatim claims made in a Wall Street Journal op-ed written by Representative Paul Ryan (R-WI). Ryan appears for an interview on Fox News’s Happening Now, a “straight news” broadcast, hours after his editorial appears in print, and is interviewed by co-host Jon Scott. The seven “FOXFacts,” which appear on-screen during the interview, are nearly identical to the claims and even the wording of Ryan’s editorial. In February, Scott passed off a Republican press release as independently researched news, even to the point of repeating a typographical error from the press release (see February 10, 2009). Ryan and the accompanying FOXFacts claim that the Republican budget proposal achieves lower deficits than the Obama plan, prioritizes national defense and veterans’ health care, rejects Obama’s “cap-and-trade scheme,” makes permanent the 2001 and 2003 tax cuts for the wealthy, lowers capital gains and dividend taxes, repeals estate taxes, and slashes corporate income taxes. An hour later, while interviewing Rob Nabors, deputy director of the Office of Management and Budget, Scott again airs the same “FOXFact” graphics. [Media Matters, 4/1/2009; Media Matters, 4/1/2009; Wall Street Journal, 4/1/2009] Before appearing on Fox, Ryan admits to MSNBC host Joe Scarborough that the Republican “budget plan” is nothing more than a “marketing document” containing few specifics (see April 1, 2009).
Former Secretary of State Colin Powell, in an interview with MSNBC’s Rachel Maddow, refuses to acknowledge his role in approving the torture of suspected terrorists. In 2008, ABC News named Powell as one of the members of the National Security Council’s principals committee who repeatedly authorized a variety of torture techniques to be used on detainees (see April 9, 2008). He also declines to affirm that several techniques, including waterboarding and sleep deprivation, qualify as torture. Powell says the torture of Abu Zubaida (see April - June 2002) and other al-Qaeda suspects “were not play-by-play discussed but there were conversations at a senior level with regard to what could be done with these types of interrogation. I cannot say further because I don’t have knowledge of all the meetings that took place or what was discussed at each of those meetings and I think it’s going to have to be in the written record of that meeting what will determine whether anything improper took place. But it is always the case that at least in the State Department’s standpoint, we should be consistent with the requirements of the Geneva Convention and that’s why this was such a controversial, controversial issue that you have to go—in due course I think we all will go to the written record. I’m not sure what memos were signed or not signed. I didn’t have access to all of that information.” Maddow asks, “If there was a meeting, though, at which senior officials were giving the approval for sleep deprivations, stress positions, waterboarding, were those officials committing crimes when they were getting their authorization?” Powell refuses to answer, saying, “I don’t know If any of these items would be considered criminal and I would wait for whatever investigation that the government or the Congress intends to pursue with this.” Maddow asks if he regrets his own participation in discussions about interrogations and torture, but Powell cuts her off to state: “There was no meeting on torture. It is constantly said that the meetings—I had an issue with this—we had meetings on what torture to administer. What I recall, the meetings I was in, I was not in all the meetings and I was not an author of many of the memos that have been written and some have come out and some have not come out. The only meetings I recall was where we talked about what is it we can do with respect to trying to get information from individuals who were in our custody. And I will just have to wait until the full written record is available and examined.… I don’t know where these things were being approved at a political level.” [MSNBC, 4/1/2009; Think Progress, 4/1/2009]
Alisyn Camerota. [Source: Fox News]Several media outlets report discredited Republican claims that the Obama administration’s “cap-and-trade” global warming initiative would cost American taxpayers over $3,000 per year. Fox News anchors Eric Shawn and Alisyn Camerota (see October 13, 2009), CNN producer Ted Barrett, and the Washington, DC, newspaper Roll Call repeat the claim, which originated in a March 23 House Republican Conference (HRC) “talking points” press release. [GOP (.gov), 3/23/2009; Media Matters, 4/6/2009] The claim points to a 2007 study by the Massachusetts Institute of Technology, but one of the study’s authors, John Reilly, says the Republicans’ interpretation of it is wrong (see March 24 - April 2, 2009). Reilly says the average household cost of $3,128, as calculated by the HRC, is “nearly 10 times the correct estimate” based on his study’s cap-and-trade model. The HRC’s error is further shown by a March 30 analysis conducted by the St. Petersburg Times. [St. Petersburg Times, 3/30/2009; Media Matters, 4/6/2009] Both Reilly and the Times show that the average annual cost per household will be closer to $340. On Fox News’s America’s News HQ, Shawn claims “this cap-and-trade, or as the Republicans call it, cap-and-tax—could add $3,000 a year on our electric bills.… [T]hat’s about—$290 or so a month. I mean, imagine the American public, everyone watching right now—all of us—getting an extra 300 bucks or so a month tacked on to our utility bills.” Camerota tells viewers of Fox News’s America’s Newsroom that the cap-and-trade proposal “would be $3,100 per US household.” Roll Call’s Jay Heflin publishes a claim by Senator John Cornyn (R-TX) that “the effort equates to a ‘light switch tax’ of up to $3,128 each year for families” without informing readers of Reilly’s and the Times’s differing analysis. [Media Matters, 4/6/2009; Roll Call, 4/6/2009] Similarly, on CNN’s Political Ticker blog, Barrett repeats a similar claim, writing, “Senate Republican Leader Mitch McConnell praised the Senate for having ‘slammed the door on using the fast-track process to jam through a new national energy tax’ that Republicans say will cost families $3,000 a year in higher energy costs.” [CNN, 4/1/2009; Media Matters, 4/6/2009]
Entity Tags: Obama administration, Ted Barrett, St. Petersburg Times, John Reilly, House Republican Conference, Jay Heflin, Alisyn Camerota, John Cornyn, CNN, Fox News, Eric Shawn, Roll Call
Timeline Tags: Global Economic Crises, Domestic Propaganda
Fox News host Glenn Beck, speaking on his daily radio show, lambasts President Obama’s nomination of Yale Law School dean Harold Koh as legal adviser to the State Department. Beck says Koh “believes in internationalism. He believes that we should not have a Constitution, that the Constitution is trumped by international law.” Beck later says: “[T]he idea is, have our courts answer to international law. Forget about the Constitution. Forget about your sovereignty.” [Media Matters, 4/10/2009] Days later, conservative editor Cliff Kincaid and former Republican Senator Rick Santorum will join Beck in attacking Koh (see April 6, 2009 and April 9, 2009).
Former Danish Prime Minister Poul Nyrup Rasmussen, president of the Party of European Socialists, writes a Wall Street Journal op-ed that advocates a greater level of communication and cooperation between governments to address the global economic crisis. Rasmussen writes in part: “We must keep up the pressure by demanding a globalization that works for everyone, and forge new alliances and new lines of communication across national boundaries. We must develop new, progressive ways to achieve global justice.” He advocates the expansion of European “state health care, social housing, education, unemployment support, and other universal, tax-funded services” to “the developing world, where according to the World Health Organization between 200,000 and 400,000 additional children will die each year due to the global economic downturn.” He calls free-market capitalist ideology “simplistic” as “championed by Reagan, Thatcher, and their ideological heirs,” and a failure “on a momentous scale.” The next night, Fox News talk show host Bill O’Reilly attacks Rasmussen as advocating a Marxist solution, and espousing a “one-world” view. O’Reilly says: “Well, Karl Marx could not have said it better. Global justice requires that a one-world government seize private property and distribute it so that every human being has roughly the same amount of resources. The Denmark guy’s vision is nothing new, but it’s now being recycled as justice.” O’Reilly says that “[s]ome believe Speaker Nancy Pelosi (D-CA), Senator Harry Reid (D-NV), and President Obama himself are sympathetic to the one-world, global-justice view,” and concludes: “Key question: Where does Barack Obama stand? Are the right-wing pundits correct? Is he down with the global-justice jihad? There’s no hard evidence to suggest that he is, but he has not repudiated the false vision either. Until President Obama does, speculation will rage.” [Wall Street Journal, 4/2/2009; Media Matters, 4/10/2009] O’Reilly is following recent, similar claims by Fox News guest Alex Jones (see March 18, 2009), Fox host Glenn Beck and his guests (see March 17, 2009 and March 24, 2009), and Fox News contributor Charles Payne (see March 24, 2009).
Rick Santelli, the CNBC commentator whose on-air “rant” is credited for sparking the right-wing “tea party” movement (see February 19, 2009 and February 27, 2009), refuses to take part in the upcoming April 15 anti-tax rallies being put on across the country by various “tea party” organizations (see April 15, 2009). CNBC spokesman Brian Steel says Santelli is “not going and not in any way involved” in the protests. Fox News anchors Neil Cavuto and Sean Hannity are joining with protesters in Sacramento and Atlanta, respectively, and former House Speaker Newt Gingrich plans to attend a rally in New York. Organizers say over 300 different protests will take place across the nation. Eric Odom, who owns a Chicago-based “tea party” Web site, says, “We have fully confirmed protests in 360 cities” and he is “very confident that all the protests will happen.” Odom predicts that the rallies featuring Cavuto and Hannity will bring at least 5,000 to 10,000 participants. He stresses that the protests will be made up of people from “all walks of life,” not just conservatives opposed to the Obama administration’s policies. Odom does not mention Santelli’s non-involvement. [Huffington Post, 4/2/2009]
Fox News on-screen chyron falsely claiming Obama’s 2010 budget is four times larger than biggest Bush budget. [Source: Media Matters]Fox News’s flagship morning news broadcast, America’s Newsroom, displays an on-screen “chyron” that falsely claims the 2010 budget proposed by President Obama—$3.6 trillion—is four times the largest budget ever submitted by former President Bush. As progressive media watchdog Web site Media Matters notes, Bush submitted a $3.1 trillion budget for 2009 and a $2.9 trillion budget for 2008 (see October 13, 2009). [Media Matters, 4/3/2009]
Conservative pundits on Fox News and other media outlets falsely claim that President Obama ceded the government’s authority over its economy to an international consortium during the G-20 summit, which concluded on April 2, 2009 in London. On April 3, pundit Dick Morris appears on Fox News’s America’s Newsroom to claim that Obama “effectively ceded massive areas of American sovereignty to Europe and to the global economic mavens.… [T]his literally is a massive surrender of sovereignty to an essentially European body.” On April 3, US Representative Don Manzullo (R-IL) tells CNN’s Kitty Pilgrim that Treasury Secretary Timothy “Geithner’s proposing, with the help of the administration, a worldwide international control over all financial interests—in fact, over any corporation, to the extent of even controlling the compensation of the employees. That’s not only radical, Kitty, that’s frightening.” Pilgrim responds, “Yeah, it certainly is.” On April 5, Fox News host Monica Crowley, appearing on the syndicated McLaughlin Group, says the G-20 agreement is “the first step to abrogating American sovereignty here, because… it is going to allow European bureaucrats to step in, not just on the hedge fund regulation and the other explicit things that they agreed to, but buried deep down in this communiqué was the ability for European bureaucrats sitting in Brussels to decide what kind of executive compensation American executives should—” Financial Times US managing editor Chrystia Freeland interjects, “No, there was no authority like that there, Monica.” Crowley responds, “I read it in the communique this morning.” [Media Matters, 4/7/2009] In an April 6 column titled “The Declaration of Independence Has Been Repealed,” Morris writes: “On April 2, 2009, the work of July 4, 1776 was nullified at the meeting of the G-20 in London. The joint communique essentially announces a global economic union with uniform regulations and bylaws for all nations, including the United States. Henceforth, our SEC [Securities and Exchange Commission], Commodities Trading Commission, Federal Reserve Board, and other regulators will have to march to the beat of drums pounded by the Financial Stability Board (FSB), a body of central bankers from each of the G-20 states and the European Union.… Obama, perhaps feeling guilty for the US role in triggering the international [economic] crisis, has, indeed, given away the store. Now we may no longer look to presidential appointees, confirmed by the Senate, to make policy for our economy. These decisions will be made internationally.” Noting that the FSB is numerically dominated by European members, Morris writes: “The Europeans have been trying to get their hands on our financial system for decades. It is essential to them that they rein in American free enterprise so that their socialist heaven will not be polluted by vices such as the profit motive. Now, with President Obama’s approval, they have done it.” [Dick Morris, 4/6/2009] On the evening of April 6, Morris makes the same claims on Fox News’s Hannity, telling viewers: “Basically, from an economic standpoint, [Obama’s] repealed [the Declaration of Independence]. We no longer have economic sovereignty.” [New York Times, 4/3/2009] None of these claims are true, as Freeland tried to assert. The FSB has no cross-border authority and therefore no authority over American economic decisions. On April 3, the New York Times reports, “While the [G-20] leaders agreed to create a new Financial Stability Board to monitor the financial system for signs of risks, they stopped well short of giving regulators cross-border authority, something France has long advocated.” [New York Times, 4/3/2009; Media Matters, 4/7/2009]
Within hours of Richard Poplawski’s murder of three Pittsburgh police officers (see April 4, 2009), the media learns that he is an avowed racist and white supremacist who has been preparing for a violent confrontation with authorities. Poplawski has contributed to racist Web sites, writing about his hatred of “race mixing,” the economic recession, Zionist conspiracies, and his fondness for his “AK” rifle. He also bears what one columnist will describe as a “Nazi-style tattoo,” and on Stormfront, a neo-Nazi Web site, described the tattoo as a “deliberately Americanized version of the [Nazi] iron eagle.” In a March 13 post on a racist site, he wrote: “One can read the list of significant persons in government and in major corporations and see who is pulling the strings. One can observe the policies and final products and should walk away with little doubt there is Zionist occupation and—after some further research [and] critical thinking—will discover their insidious intentions.” In the same month, Poplawski also posted that “the federal government, mainstream media, and banking system in these United States are strongly under the influence of—if not completely controlled by—Zionist interest. An economic collapse of the financial system is inevitable, bringing with it some degree of civil unrest if not outright balkanization of the continental US, civil/revolutionary/racial war.… This collapse is likely engineered by the elite Jewish powers that be in order to make for a power and asset grab.” His more recent posts, according to the Anti-Defamation League (ADL), were escalating in their rhetorical violence, urging fellow white supremacists to achieve “ultimate victory for our people” by “taking back our nation.” He promised that he would be “ramping up the activism” soon. After the Pittsburgh Steelers won the Super Bowl in February 2009, Poplawski dismissed NFL football as what he called “negroball,” then went out, conducted surveillance of how police tried to control crowds, and posted about his findings, saying that it was a prelude to the government rounding up citizens for imprisonment in concentration camps. Most of Poplawski’s postings were on Stormfront and Infowars, a conspiracy-minded Web site hosted by radio talk show host Alex Jones. The posts began, as far as can be ascertained, in 2007 and ended a few hours before the shootings. The ADL’s Mark Pitcavage says of Poplawski’s writings: “Cumulatively, what these postings reveal is a lot more about his mindset. They show a growing anti-government and anti-police hostility.” Other postings made by Poplawski show his intense, race-based dislike of President Obama and his intention to violently resist any government attempts to take away his guns. Pitcavage notes that in the last month, Poplawski changed his online moniker from “Rich P” to “Braced for Fate.” He says of the change, “I mean, this is talking about some inevitable confrontation, and possibly a fatal confrontation.” [New York Times, 4/7/2009; Anti-Defamation League, 4/8/2009; Jewish Telegraphic Agency, 6/12/2009] Mrs. Poplawski tells police that her son, who was discharged from the Marine Corps for assaulting his drill sergeant during basic training, had been “stockpiling guns and ammunition, buying and selling the weapons online, because he believed that as a result of the economic collapse, the police were no longer able to protect society.” [Pittsburgh Post-Gazette, 4/6/2009] Poplawski and his friend Edward Perkovic collaborated on an Internet broadcast where they showed video clips and talked politics [Pittsburgh Post-Gazette, 4/4/2009] , including a clip and subsequent discussion of a discussion on Fox News between host Glenn Beck and guest Representative Ron Paul (R-TX), which featured warnings about concentration camps run by FEMA, the Federal Emergency Management Agency. Perkovic, who shares many of Poplawski’s beliefs, will say of his friend: “He was really into politics and really into the First and Second Amendment. One thing he feared was he feared the gun ban because he thought that was going to take away peoples’ right to defend themselves. He never spoke of going out to murder or to kill.” He adds: “We recently discovered that 30 states had declared sovereignty. One of his concerns was why were these major events in America not being reported to the public.” [Pittsburgh Post-Gazette, 4/5/2009; Anti-Defamation League, 4/8/2009] On his MySpace page, Perkovic has written of his admiration for a novel called The Turner Diaries, which depicts the white supremacist takeover of the US and the extermination of minorities (see 1978), and the long-debunked “Protocols of the Elders of Zion,” a manifesto that purports to lay out the plans of “Zionists” to take over the world. [Crooks and Liars, 4/4/2009] Perkovic has posted about the “Zionist occupied government,” “mixed bloodlines that will erase national identity,” and Jewish control of the media. [Anti-Defamation League, 4/8/2009]
Richard Poplawski. [Source: Pittsburgh Post-Gazette]Pittsburgh resident Richard Poplawski kills three police officers after his mother calls 911 to have him removed from her home. According to a criminal complaint and affidavit, around 7 a.m. Margaret Poplawski and her son begin arguing over a dog urinating in the house; the argument escalates to the point where she calls the police to have him removed. When officers Stephen Mayhle and Paul Sciullo arrive, Mrs. Poplawski asks them inside. Unbeknownst to his mother, Poplawski has donned a bulletproof vest and taken up an AK-47 semi-automatic rifle, a .22 long rifle, and a pistol. From a position behind his mother, he shoots both officers in the head, killing them almost instantly. His mother hears the gunshots and flees to the basement, screaming, “What the hell have you done?” Poplawski shoots Mayhle again to ensure his death, then shoots a third officer, Eric Kelly, when he arrives to provide assistance. Kelly, critically wounded, manages to call for assistance; a fourth officer, Timothy McManaway, is shot in the hand as he arrives on the scene and attempts to help Kelly. Kelly will die at the hospital from multiple wounds to the torso and legs.
Four-Hour Siege - Poplawski retreats to his bedroom and, as police assemble outside the home, fires at the officers. Police return fire, and between them, hundreds of shots are exchanged. During the siege, Poplawski calls a friend, Edward Perkovic, and tells him: “Eddie, I’m going to die today. Tell your family and friends I love them. This is probably the end.” The standoff between Poplawski and police lasts some four hours before officers finally persuade Poplawski to surrender; they enter the house and lead him out in handcuffs. Poplawski suffers at least one bullet wound during the exchange of gunfire. After the standoff, neighbors describe the scene as a “war zone.” Police have been called numerous times to the Poplawski residence to break up fights and disputes between mother and son. Deputy Chief Paul Donaldson will later say of the shootings: “I’d like to understand why. It’s senseless.” [Associated Press, 4/5/2009; New York Times, 4/5/2009; Pittsburgh Post-Gazette, 4/6/2009; Pittsburgh Post-Gazette, 4/8/2009] Poplawski is held without bail in the Alleghany County Jail, charged with the murder of three police officers, the shooting of a fourth, and eight counts of assault derived from his shooting at other officers. His grandmother, Catherine Scott, will tell a reporter that she is praying for her grandson, but: “My grandson did a terrible thing. There is no mercy for what he did.” [Associated Press, 4/5/2009; New York Times, 4/13/2009] Poplawski will later say he planned on forcing the police to kill him, but decided to surrender so he could write a book from inside prison. He will express no remorse for the men he kills. [Pittsburgh Post-Gazette, 4/8/2009]
White Supremacist, Anti-Semitic, Feared Gun Confiscation - The media will soon learn that Poplawski is a white supremacist who hates Jews and fears his guns will be taken away by the government (see April 4, 2009 and April 4, 2009 and After).
Many in the media speculate as to the motivations behind Richard Poplawski’s murder of three Pittsburgh police officers, which takes place on this day (see April 4, 2009). Findings that Poplawski is a white supremacist who hates Jews and fears that the federal government will confiscate his guns (see April 4, 2009) lead some to speculate that he was driven to violence by right-wing speculation and hate speech. In June 2009, New York Times columnist Bob Herbert will call Poplawski’s action a “right-wing, hate-driven attack,” and note that Poplawski and others like him have been inflamed by information provided by such organizations as the National Rifle Association (NRA), which consistently tells its Web site visitors that President Obama is planning to mount a nationwide gun confiscation. Herbert will also note that a friend of Poplawski’s told reporters that the shooter “feared the Obama gun ban that’s on the way.” [New York Times, 6/19/2009] In the days after Poplawski’s killing spree, Daily Beast columnist Max Blumenthal will speculate that Poplawski was driven to violence by the steady diet of right-wing hate speech and anti-government conspiracy theories he immersed himself in. Blumenthal notes that Alex Jones of Infowars, while himself not an advocate of white supremacy, is popular on the neo-Nazi Web site Stormfront.org for his incessant diatribes about the imminent takeover of the citizenry by FEMA and the Obama administratrion’s plans on confiscating guns as part of its plan to establish a leftist dictatorship. Blumenthal also notes Poplawski’s fondness for Fox News’s Glenn Beck, who often repeats and embellishes Jones’s conspiracy theories on his show, and his apparent self-affiliation with the radical fringes of the Tea Party movement. Author and reporter David Neiwert will tell Blumenthal: “It’s always been a problem when major-league demagogues start promulgating false information for political gain. What it does is unhinge fringe players from reality and dislodges them even further. When someone like Poplawski hears Glenn Beck touting One World Government and ‘they’re gonna take your gun’ theories, they believe then that it must be true. And that’s when they really become crazy.” [Daily Beast, 4/7/2009] Heidi Beirich of the Southern Poverty Law Center (SPLC), an expert on political extremists, says of Poplawski’s views, “For some time now there has been a pretty good connection between being sucked into this conspiracy world and propagating violence.” She says Poplawski’s attack on the police is “a classic example of what happens when you start buying all this conspiracy stuff.” [Pittsburgh Post-Gazette, 4/5/2009]
Cliff Kincaid, the editor of the conservative Accuracy in Media, accuses President Obama of seeking to appoint an advocate of the “new world order” to the State Department. Kincaid is referring to Obama’s nomination of Yale Law School dean Harold Koh as legal adviser to the State Department. Kincaid says Koh’s nomination “is beyond worrisome. This is terrifying that—the thought of this kind of guy with these views becoming the top lawyer at the State Department. But seen in the light of the some of the other appointments Obama has made, it’s consistent with his push, which is now out in the open, for the US to become really subsumed into this, quote, ‘new world order’ that everybody keeps talking about, in which our sovereignty has been sacrificed for the, quote, ‘greater good.’” Kincaid is harking back to claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010). [Media Matters, 4/10/2009] Three days later, former Republican Senator Rick Santorum (R-PA) will say that Obama’s nomination of the “internationalist” Koh shows that Obama is “contemptuous of American values” (see April 9, 2009).
Fox News talk show host Glenn Beck attempts to disavow any connection between his rhetoric and accused murderer Richard Poplawski, who killed three police officers in Pittsburgh two days ago (see April 4, 2009). Poplawski said he was influenced by Beck and other conservative talk show hosts who have repeatedly warned that the government intends to forcibly confiscate citizens’ guns (see April 4, 2009). Beck tells his listeners, “[T]he press, the blogs, everybody immediately went to, ‘This guy’s a conservative with guns that says Obama’s coming.’” But later in his show, Beck repeats his assertions, telling viewers that President Obama “will slowly but surely take away your gun or take away your ability to shoot a gun, carry a gun. He will make them more expensive; he’ll tax them out of existence. He will because he has said he would. He will tax your gun or take your gun away one way or another.” [Media Matters, 4/9/2009]
According to an analysis by progressive media watchdog Media Matters, Fox News airs at least 20 segments on the so-called “tea party” protests (see April 6-7, 2009, April 8, 2009, and April 13-15, 2009) scheduled for April 15 (see April 15, 2009, April 15, 2009 and April 15, 2009). The network also airs at least 73 in-show and commercial promotions for its April 15 coverage. Media Matters claims that Fox is “aggressively promot[ing] the events… encouraging viewers to get involved with tea party protests across the country.” Fox describes the events as “FNC [Fox News Channel] Tax Day Tea Parties.” The network has assigned four of its hosts, including Glenn Beck, Sean Hannity, Greta Van Susteren, and Neil Cavuto, to broadcast live from various “tea parties” around the nation. The analysis does not include a number of “teasers” that Fox shows air to preview upcoming segments on “tea parties.” [Media Matters, 4/15/2009] On April 15, Fox will devote much of its day’s coverage to the tea parties. [Media Matters, 9/11/2009]
’America’s Newsroom’ advertisement featuring Bill Hemmer. [Source: Zap2It (.com)]Fox News anchor Bill Hemmer, host of Fox News’s flagship news program America’s Newsroom, interviews several people involved with the April 15 “tea party” protests (see April 8, 2009), including Felicia Cravens, the organizer of an April 15 “tea party” in Houston. During the interview, Fox News displays information about the protest on screen. Though both Hemmer and Craven call the protests “non-partisan,” Fox displays protest footage throughout the interview criticizing President Obama. At the end of the segment, Hemmer directs viewers to go to the Web site of his program for more information about the protests. Hemmer also interviews FoxNews.com contributor Andrea Tantaros, who says of the upcoming protests, “People are fighting against Barack Obama’s radical shift to turn us into Europe.” The program also states that “Tea Parties Are Anti-Stimulus Demonstrations” and part of a “Growing Revolution” (see October 13, 2009). [Media Matters, 4/8/2009]
Mike Gallagher. [Source: All Access (.com)]Conservative radio host Mike Gallagher discusses an exchange between the Second Amendment Foundation’s Alan Gottlieb and MSNBC anchor David Shuster that occurred the night before, on MSNBC’s Hardball. Gallagher lauds Gottlieb’s “great job in explaining logically why people are worried about what the Obama administration wants to do with our guns,” and airs a clip from the conversation in which Shuster asked Gottlieb, “Do you believe that the Obama administration and the Feds are coming to take away everybody’s guns?” Gottlieb replied: “I believe that’s what they would like to do. I don’t think we’re going to let them get away with it.” Gallagher later tells his listeners: “[L]isten to the way Gottlieb leaves the liberal columnist stuttering and stammering, explaining very eloquently why so many of us are worried and scurrying to buy guns right now.… [I]f you think the government might take your rights away from you, you want to try and exercise them before that happens. It’s a normal reaction.” Gallagher suggests “a national movement to register as many people as we can… to become gun owners,” and continues: “We’re going to set up a Web site, we’re going to get listener participation on this, we’re going to register and create as many gun owners—new, first-time gun owners as possible. I don’t even want to set a number. I’m number one—I’ll be the first one.” However, Gallagher criticizes media reports that state Pittsburgh cop-killer Richard Poplawski killed three police officers for fear that government or law enforcement officials would take away his guns (see April 4, 2009). [Media Matters, 4/7/2009; Media Matters, 4/9/2009]
Betty Brown. [Source: Houston Chronicle]Texas State Representative Betty Brown (R-Terrell) says during House testimony on voter identification legislation that since Asian-Americans often have names that are difficult for other Americans to pronounce, they should just change their names to something “easier for Americans to deal with.” The Texas House Elections Committee hears testimony from Ramey Ko, a representative of the Organization of Chinese Americans, who says that Americans of Chinese, Japanese, and Korean descent often have problems with voting and with other forms of identification because they have both a legal transliterated name and then a common English name used on their driver’s license and school registrations. Brown suggests that Asian-Americans find a way to make their names more accessible, asking, “Rather than everyone here having to learn Chinese—I understand it’s a rather difficult language—do you think that it would behoove you and your citizens to adopt a name that we could deal with more readily here?” Later in the session, she tells Ko, “Can’t you see that this is something that would make it a lot easier for you and the people who are poll workers if you could adopt a name just for identification purposes that’s easier for Americans to deal with?” Democratic Chairman Boyd Richie says Republicans are attempting to suppress votes with a partisan identification bill, and that Brown “is adding insult to injury with her disrespectful comments.” Brown refuses to apologize for her statements. A spokesman for Brown, Jordan Berry, says that her comments have nothing to do with race, and are merely focused on overcoming problems with identifying Asian names for voting purposes. Democrats are the ones guilty of using racial rhetoric, says Berry, not Brown: “They want this to just be about race.” [Houston Chronicle, 4/9/2009]
Retired Lieutenant General Thomas McInerney appears on Fox News to discuss piracy off the coast of Somalia. During the discussion, McInerney offers a plug for the F-22 Raptor fighter plane currently facing defunding (see March 17, 2009). McInerney says: “I’d put F-22s and combat air patrol out there, two of them, with tankers.… The reason I’d put the F-22s is because they can go 1.6 to Mach 2, and they have a very quick reaction time and a 20 millimeter cannon.” Neither McInerney nor Fox News informs their viewers that McInerney is a former consultant to Northrop Grumman, the defense contractor who builds the F-22. [Think Progress, 4/9/2009] The day after McInerney’s appearance, reporter Ryan Tate observes that McInerney has been involved in previous instances of promoting defense contractors’ interests on television news shows (see Early 2002 and Beyond, April 19, 2003, April 14-16, 2006, Late 2006, and Late April, 2008). Of the F-22, Tate writes: “He neglected to mention virtually every US fighter made in the last 30 years carries such a cannon (usually the six-barrel M-61 Vulcan), including the F/A-18 Hornet already in use by the US Navy.… He also fails to mention that, no matter how fast the F-22 might be, it can’t be based off an aircraft carrier. So its reaction time could never be as good (from a land base on, say, the Arabian Peninsula) as a Hornet or other existing Navy jet floating in the waters nearest the pirates. Finally, McInerney fails to mention that, though capable of ground attack, the F-22 is optimized for air-to-air operations, i.e., shooting down other fighters.” [Gawker, 4/9/2009]
Spencer Bachus. [Source: Chicago Tribune]US Representative Spencer Bachus (R-AL) tells a group of local leaders in Trussville, Alabama, “Some of the men and women I work with in Congress are socialists.” Asked to clarify his comment, Bachus tells a reporter that 17 members of the House of Representatives are socialists. [Birmingham News, 4/9/2009; Hill, 4/9/2009]
Only Names One of 17 - When pressed, Bachus only names one of his “socialists”—Representative Bernie Sanders (I-VT), who has repeatedly recommended that the US adopt a program of “democratic socialism” similar to some practiced in Scandinavian countries. He refuses to name the other 16. Sanders asks rhetorically: “Has Spencer released his list yet? Everybody’s waiting with bated breath.” He adds, “I think at the very least he has to tell people what his definition of socialism is—and I think, yeah, he should tell us who he was referring to, who’s on the list.”
Possible Reference to Congressional Progressive Caucus - Many Congressional staffers and advisers believe that Bachus is referring to some members of the Congressional Progressive Caucus, a left-leaning coalition of 77 House members founded by Sanders in the early 1990s. Although the caucus has not espoused socialism in any form, it does advocate reduced military spending, universal health care, and higher taxes on the rich. Right-wing groups have long labeled the caucus’s agenda as “fringe-left socialism”; one hard-right pundit, WorldNetDaily’s Joseph Farah, has called the caucus “Congress’s very own Red Army… marching the nation inevitably toward its self-proclaimed socialist ideal.”
Differing Definitions - Politico’s Glenn Thrush writes that the term “socialism” has different meanings for different people. “To many on the left, it’s a relatively benign—if outdated—term, representing an activist, interventionist government that prioritizes economic security over the unfettered freedom of the marketplace. To many on the right, it’s practically an epithet—suggesting a return to Soviet-style Communism or a leap toward a hyper-regulated European brand of capitalism that stifles innovation and hikes taxes. It’s safe to say that more people in Bachus’s suburban Birmingham district—the most GOP-tilting seat in the country, according to the Cook Political Report—view socialism as a bad, bad thing.”
Mixed Reactions - Doug Thornell, speaking for Representative Chris Van Hollen (D-MD), says of Bachus’s accusation: “House Republicans’ solution to the current economic crisis is to launch head-scratching, ‘50s-style accusations against unidentified members of Congress. Next thing you know they’ll be going after beatniks and calling for the auto industry to bring back the Edsel.… With all the challenges we face, it’s stunning this is what Republicans are talking about. They sound like a broken record of GOP low points from the 2008 campaign.” Erin Kanoy of the Heritage Foundation is glad Bachus “called out” his colleagues, saying: “I think that people expressing where they see someone on the political spectrum has tended to be an off-limits thing and very politically incorrect—but sometimes I think you’ve got to call a spade a spade. If Bachus believes members of Congress are part of this movement, he should be able to say it.… He’s really reflecting a much larger frustration with the landslide of legislation that we’ve had coming at us that seems to be marching towards socialist government.” Conservative activist Grover Norquist agrees with Bachus’s position, but says he should not have gotten into the subject of lists. “We shouldn’t get into a labeling thing with the other side,” Norquist says. “We shouldn’t call them socialists—we should call them stupid because they are spending all this money we don’t have.” Sanders notes that conservatives tried to tar Barack Obama with similar accusations: “They said a lot of this stuff about Obama during the [presidential] campaign, calling him a socialist, and trying to instill fear in people” (see August 1, 2008 and After, October 10, 2008, October 27, 2008, and March 5, 2009). Many progressive and liberal bloggers have accused Bachus of launching an attack on Democrats worthy of the McCarthyite “Red scare” of the 1950s. [Washington Post, 4/10/2009; Politico, 4/14/2009]
Defending Socialism, Decrying 'Scare Tactics' - In an op-ed for the Huffington Post, Sanders writes: “I doubt that there are any other socialists, let alone 17 more, in all of the Congress. I also respectfully doubt that Spencer Bachus understands much about democratic socialism.… At its worst, Washington is a place where name-calling partisan politics too often trumps policy.… [B]randing someone as a socialist has become the slur du jour by leading lights of the American right from Newt Gingrich to Rush Limbaugh. Some, like Mike Huckabee, intentionally blur the differences between socialism and communism, between democracy and totalitarianism. ‘Lenin and Stalin would love this stuff,’ Huckabee told last winter’s gathering of the Conservative Political Action Conference. If we could get beyond such nonsense, I think this country could use a good debate about what goes on here compared to places with a long social-democratic tradition like Sweden, Norway, and Finland, where, by and large, the middle class has a far higher standard of living than we do.… [W]e should be prepared to study and learn from the successes of social democratic countries. Name-calling and scare tactics just won’t do.” [Huffington Post, 4/22/2009]
Entity Tags: Congressional Progressive Caucus, Spencer Bachus, Chris Van Hollen, Barack Obama, Bernie Sanders, Newt Gingrich, Rush Limbaugh, Joseph Farah, Doug Thornell, Conservative Political Action Conference, Erin Kanoy, Mike Huckabee, Grover Norquist, Glenn Thrush
Timeline Tags: Domestic Propaganda, 2010 Elections
Former Republican senator Rick Santorum writes in an op-ed for the Philadelphia Inquirer that President Obama is “contemptuous of American values.” Santorum, now a columnist for the Inquirer, ties his comments to the pending nomination of Harold Koh to become the State Department’s lead counsel. Santorum and other far-right conservatives oppose Koh, a former Yale Law School dean, because of his “internationalist” views. Obama’s nomination of Koh for the State Department, and Obama’s recent supposed “apology for American arrogance” to European audiences, “helped convince me that [Obama] has a deep-seated antipathy toward American values and traditions,” Santorum writes. Santorum opposes Koh’s view that the US must become part of the international legal community, and instead insists that the US hold itself apart from international law, a position Santorum shares with the former Bush administration. “Koh’s ‘transnationalism’ stands in contrast to good, old-fashioned notions of national sovereignty, in which our Constitution is the highest law of the land,” Santorum writes. “In the traditional view, controversial matters, whatever they may be, are subject to democratic debate here. They should be resolved by the American people and their representatives, not ‘internationalized.’ What Holland or Belgium or Kenya or any other nation or coalition of nations thinks has no bearing on our exercise of executive, legislative, or judicial power. Koh disagrees. He would decide such matters based on the views of other countries or transnational organizations—or, rather, those entities’ elites.” Koh supports the International Criminal Court, which Santorum views as an objectionable intrusion upon American sovereignty. [Philadelphia Inquirer, 4/9/2009] Santorum is echoing recent arguments by Fox News host Glenn Beck (see April 1, 2009) and Accuracy in Media editor Cliff Kincaid (see April 6, 2009).
Johnny Lee Clary. [Source: Christian Family Churches of Australia (.com)]The Reverend Johnny Lee Clary, who describes himself as a former imperial wizard of the Ku Klux Klan who abandoned his allegiance to white supremacist ideology after converting to Christianity and now preaches against racism and white separatism, answers a number of questions about the Klan and related organizations on his Web site.
The John Birch Society - According to Clary, the John Birch Society (JBS—see March 10, 1961 and December 2011) “is just a political version of the KKK, without the name of the KKK. They center on the political ideas of the Klan and are not as vocal in public on the ideas of the racial superiority, but they attract the same people and say the same things behind closed doors.… The John Birch Society is the Klan.… They are racist, and full of hate and are officially listed as a hate group with several civil rights organizations throughout the USA.” Tom Metzger, the founder and leader of the White Aryan Resistance (WAR), is an active leader of a California chapter of the JBS, Clary writes, as are many other members of the Klan and various neo-Nazi and white supremacist militia groups. Clary explains why the Klan is openly racist and the JBS is not, stating: “The John Birch Society’s function is to recruit professional people into their ranks of anti-government conspiracy freaks, that would be too afraid to join an organization with the name of the KKK. They suck these people into their ranks and use the donations to further the cause of radical un-American fascist racist KKK activities. This is a ploy for the KKK to get funding to help spread their agenda.” In response to an email from a JBS member portraying his organization as “conservative,” Clary writes: “Please do not try to represent your organization as ‘conservative.’ You are not conservative, and are disowned by the Republican Party and are considered a disgrace to true conservatives everywhere. Ronald Reagan, the greatest conservative American ever, would have nothing to do with any of you. Neither will President Bush for that matter.”
Positive Aspects of the Klan - While Clary repudiates the Klan’s racism, he says there are some “good” aspects to the organization: it “stands against abortion, homosexuality, and drug dealers. They are for prayer in the schools and the use of the Bible in the classroom. These are good things that would entice some people into joining the Klan, however, if someone joined because of these reasons they would soon see that the evil the Klan does is so sinister that it far outweighs the good. The Klan is guilty of bombings, murder, and hatred of their fellow man because of the shade of their skin.”
Why the KKK Hates African-Americans - In response to a letter from an African-American student asking this question, Clary writes: “I believe that one of the reason’s the Klan hates African-Americans so much is because they look different [from whites]. By putting others down they make themselves feel superior. One who hates so much really does not like his or her own self. They know deep down inside that they are a loser in society and they are searching for some way to try to achieve some sort of superiority. You have to remember also that the majority of KKK members are what would be classified as ‘poor white trash.’ Very few Klan members come from upper middle class backgrounds or even middle class for that matter. They come from backgrounds that are poor and down trodden. Instead of doing something to better themselves they build up resentment until it turns into hatred. They blame the Jews, blacks, and others for their own failures in life and they are a product of a learned response. That is, they are taught to hate.… If the blacks were not around for Klansmen to hate, it would be the Jews and if they were not around it would be the Native American Indians and if not them then someone else. When no one else that appears to be different is around then they start hating and bickering with each other. Many of them are crying out for a separate ‘Aryan’ homeland. They scream for a place where people that believe like they do can all go and live and not have to be around other races. That could be a solution that would benefit everybody. Even if there were no other races around them, their hatred is so deeply imbedded within them that they would start hating each other and finally destroy one another.” [Johnny Lee Clary, 2007; Johnny Lee Clary, 4/13/2009]
A three-judge panel rules that Al Franken (D-MN) is the legitimate winner of Minnesota’s hotly contested US senate seat (see November 4-5, 2008), ruling against Franken’s opponent, former Senator Norm Coleman (R-MN—see January 26, 2009). Ironically, when the judges reviewed the ballots under consideration, Franken was awarded almost 100 more votes, setting his margin of victory at 312 votes. Coleman says he will appeal the decision, which will continue to block Franken from taking his seat in the Senate. [Associated Press, 4/14/2009]
Fox News’s flagship morning news broadcast, America’s Newsroom, repeatedly airs video clips promoting the upcoming “tea party” protests for April 15 (see April 8, 2009, April 15, 2009, April 15, 2009, and April 15, 2009). Host Bill Hemmer urges viewers to attend protests near them, and alerts them to “virtual tea parties” being hosted on Fox’s “non-partisan” Web site Fox Nation. One clip exhorts viewers to “say no to biased media and yes to fair play and free speech,” and then prompts them to “express your views, your values” at Fox Nation. Hemmer then tells viewers that commentators Glenn Beck (see April 15, 2009), Sean Hannity, Neil Cavuto, and Greta Van Susteren are reporting and helping host protests in four separate areas around the nation. “Can’t get to a tea party?” Hemmer asks. “Fox Nation hosts a ‘virtual tea party.’ You can check it out on the site.” During Hemmer’s pitch, Fox News airs a clip of a protest sign with “NO to socialism!” written across an American flag with a Soviet-style hammer and sickle in place of the 50 stars (see October 13, 2009). [Media Matters, 4/13/2009]
Fox News host Glenn Beck, broadcasting live from a “tea party” protest at the Alamo in San Antonio, Texas, interviews Joe Horn, who was charged with shooting to death two illegal immigrants whom Horn says he caught burglarizing his neighbor’s home. The Alamo is the site of the Republic of Texas’s 1836 stand against the Mexican Army, and apparently Beck’s interview of Horn is chosen to symbolize American “resistance” to Mexican immigrants. “It’s a different world in Texas,” Beck says, and Horn replies, backed by cheers from a small audience behind Beck, “Thank God for it.” Regarding the shooting, Horn says, “I thought it was the right thing to do, and I did it.” As Beck retells the story, Horn saw the two men burglarizing the neighbor’s home, called 911, and, before the police could respond, told the 911 operator that he was going to the home to “stop them.” Defying the operator’s request not to confront the two, Horn took his shotgun to the neighbor’s home and shot both intruders, killing them. (His admission of shooting them triggers wild cheering; the Fox News cameras focus on a “Don’t Tread on Me” flag waved from the crowd.) Horn claims that the men were approaching him when he opened fire. The crowd cheers at Beck’s retelling of another story of a homeowner shooting an alleged burglar, and cheers at every subsequent mention of guns and shootings. “Joe, what kind of world are we living in that people don’t understand you have a right to life, liberty, and the pursuit of happiness?” Beck asks. Horn says he had no intention of “letting those two men kill me,” even though police investigations showed that he shot both of them in the back, apparently as they were fleeing, and he told the 911 operator before leaving his home, “I’m going to kill them.” Neither one of the alleged burglars was armed. Texas prosecutors failed to indict Horn. [New York Times, 12/13/2007; Media Matters, 4/15/2009]
The Center for American Progress (CAP), a progressive think tank and lobbying organization, releases a report that says the “tea party” movement protesting the various policies of the Obama administration (see April 8, 2009) is not, as purported, entirely a grassroots movement of ordinary citizens, but an “astroturf” movement created, organized, and funded by powerful conservative and industry firms and organizations. (CAP notes that the anti-tax “tea parties,” with “tea” standing for “Taxed Enough Already,” fail to note that President Obama’s recent legislation actually has cut taxes for 95 percent of Americans.) Two of the most prominent organizations behind the “tea parties” are FreedomWorks and Americans for Progress (AFP). FreedomWorks (see April 14, 2009) is a corporate lobbying firm run by former House Majority Leader Dick Armey (R-TX), and organized the first “tea party,” held in Tampa, Florida, on February 27. It then began planning and organizing “tea parties” on a national scale; officials coordinated logistics, called conservative activists, and provided activists with sign ideas and slogans and talking points to use during protests. AFP has coordinated with FreedomWorks. AFP is a corporate lobbying firm run by Tim Phillips, a former lobbying partner of conservative activist Ralph Reed, and funded in part by Koch Industries, the largest private oil corporation in America (see May 29, 2009). Former House Speaker Newt Gingrich (R-GA) is also involved, through his lobbying form American Solutions for Winning the Future, which is supported by oil companies.
Support, Promotion from Fox News - On cable news channels, Fox News and Fox Business have run promotions for the “tea parties” in conjunction with enthusiastic reports promoting the affairs (see April 13-15, 2009, April 15, 2009, April 15, 2009, and April 6-13, 2009); in return, the organizers use the Fox broadcasts to promote the events. Fox hosts Glenn Beck, Neil Cavuto, and Sean Hannity all plan to broadcast live reports from the events. Fox also warns its viewers that the Obama administration may send “spies” to the events. (Fox justifies its depth of coverage by saying that it provided similar coverage for the 1995 Million Man March. However, Fox did not begin broadcasting until 1996—see October 7, 1996.)
Republican Support - Congressional Republicans have embraced the “tea parties” as ways to oppose the Obama administration. Many leading Republicans, such as Minority Leader John Boehner (R-OH), Paul Ryan (R-WI), and some 35 others, will speak at AFP-funded “tea parties.” Republican National Committee Chairman Michael Steele has moved the RNC to officially support the protests. And Senator David Vitter (R-LA) has introduced legislation formally honoring April 15 as “National Tea Party Day.” “It’s going to be more directed at Obama,” says reporter and commentator Ana Marie Cox. “This is very much, I think, part of the midterm strategy” to win elections in 2010.
Fringe Elements - According to CAP, many “fringe” elements of the conservative movement—including “gun rights militias, secessionists, radical anti-immigrant organizations, and neo-Nazi groups”—are involved in the “tea parties.” [Think Progress, 4/15/2009; Think Progress, 5/29/2009]
Entity Tags: Ralph Reed, Republican National Committee, Paul Ryan, Tim Phillips, Obama administration, Sean Hannity, Newt Gingrich, John Boehner, Michael Steele, Barack Obama, Neil Cavuto, Center for American Progress, Ana Marie Cox, Americans for Progress, Fox Business Channel, Fox News, Koch Industries, David Vitter, American Solutions for Winning the Future, FreedomWorks, Glenn Beck, Dick Armey
Timeline Tags: Domestic Propaganda, 2010 Elections
A ‘tea party’ protester carries a sign during a Chicago rally. [Source: Huffington Post]Fox News devotes much of its day’s coverage to the conservative, anti-tax “tea parties” taking place around the nation. The network has promoted the tea parties in the previous weeks (see April 6-13, 2009, April 15, 2009, and April 15, 2009). Fox hosts Glenn Beck, Neil Cavuto, Sean Hannity, and Greta Van Susteren all provide extensive live coverage from the sites of separate events, which the network promotes as “FNC [Fox News Channel] Tax Day Tea Parties” (see October 13, 2009). Many of the network’s shows, such as America’s Newsroom, Beck’s show, and others provide on-air and online information about the times and locations of events, and broadcast interviews with event organizers. Beck tells his viewers they can “[c]elebrate with Fox News” at any of four “FNC Tax Day Tea Parties.” Beck, who is at San Antonio’s Alamo for an event (see April 15, 2009) tells his audience: “If you can’t make the one in San Antonio, please go to the one with Neil or with Sean in Atlanta, that’s supposed to be great, Greta is in Washington, DC. Just get out and let your face be seen.” Hannity encourages viewers to send in their “Tax Day Tea Party” videos for on-air broadcast. Cavuto’s guest host in the studio, Stuart Varney, says plainly, “It’s now my great duty to promote the tea parties.” Fox News’s Web site, “Fox Nation,” actively promotes the events, with links to blogs, maps, videos, and event calendars. The network even hosts its own “virtual tea party” on its Web site. Fox host Gretchen Carlson suggests that viewers hang teabags from their cars’ rearview mirrors, “like fuzzy dice.” Fox Business anchor Cody Willard tells viewers to “figh[t] the fascism” of the current administration by attending a “tea party.” He asks his viewers, “Guys, when are we going to wake up and start fighting the fascism that seems to be permeating this country?” He adds that in his opinion, conservatives and liberals are “both fascists who are taking my money and building up corporate America with my welfare.” And Fox Business anchor David Asman advises his viewers to buy “tea party” merchandise. The push is successful: after the April 15 protests, many mainstream news outlets report that Fox News reports helped drive crowds to protests. CNN and Washington Post media critic Howard Kurtz will say, “I don’t think I’ve ever seen a news network throw its weight behind a protest like we are seeing in the past few weeks with Fox and these tea parties.” [Media Matters, 9/11/2009]
The various “tea party” organizations around the nation (see After November 7, 2008, February 1, 2009, February 16-17, 2009, February 19, 2009, and February 19, 2009 and After) host rallies and protests throughout the day. The date has been chosen because April 15 is the day American citizens must submit individual income tax returns to the IRS; some tea party members say “tea” stands for “Taxed Enough Already?” The number of rallies is anywhere between 200 and 750, depending on who does the estimating; similarly, national attendance is later estimated at anywhere from 250,000 to 500,000. Some protests, such as the one in Atlanta, Georgia, draw thousands of participants and onlookers, whereas other rallies draw only a few people. A protest outside the White House is broken up by police when a demonstrator tosses a box of tea bags over the fence. This is the first time that a series of protests by tea party groups has been orchestrated on a national level. [Beth Rowen, 2/9/2010] Fox News provides nationwide coverage, both on the national cable news channel and for local affiliates, promotes and markets the rallies, and provides blogs and forums for scheduling, outreach, and coordination (see April 6-13, 2009, April 13-15, 2009, and April 15, 2009). The network promotes the rallies as “FNC [Fox News Channel] Tax Day Tea Parties.”
The White House releases four key Justice Department memos documenting the CIA’s use of harsh interrogation methods—torture—against suspected terrorists. The memos were released as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). The documents show that two high-level detainees were subjected to waterboarding at least 266 times between them. Al-Qaeda operative Abu Zubaida was waterboarded at least 83 times in August 2002, contradicting earlier CIA reports that he “broke” after a single waterboarding session (see December 10, 2007). Confessed 9/11 mastermind Khalid Shaikh Mohammed was waterboarded at least 183 times in March 2003. The so-called “insect” technique—exposure to insects within an enclosed box—was approved for use on Zubaida, but apparently never used. Numerous prisoners were subjected to “walling” and “sleep deprivation,” with at least one detainee subjected to the technique for 180 hours (over seven days). Three of the memos were written by then-Office of Legal Counsel (OLC) chief Steven Bradbury in May 2005 (see May 10, 2005, May 10, 2005, and May 30, 2005), and the fourth by Bradbury’s predecessor, Jay Bybee, in August 2002 (see August 1, 2002). [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009] Senate Judiciary Committee chairman Patrick Leahy (D-VT) says: “These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for ‘high value detainees’ in US custody. The techniques are chilling. This was not an ‘abstract legal theory,’ as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.” [CNN, 4/17/2009] House Judiciary Committee chairman John Conyers (D-MI) agrees, saying: “This release, as well as the decision to ban the use of such techniques in the future, will strengthen both our national security and our commitment to the rule of law and help restore our country’s standing in the international community. The legal analysis and some of the techniques in these memos are truly shocking and mark a disturbing chapter in our nation’s history.” [Think Progress, 4/16/2009] Senate Intelligence Committee chairwoman Dianne Feinstein (D-CA), whose committee is conducting an investigation of abusive interrogation methods used during the Bush administration, says Bush officials “inaccurately interpreted” the Geneva Conventions prohibiting torture. “I find it difficult to understand how the opinions found these interrogation techniques to be legal,” she says. “For example, waterboarding and slamming detainees head-first into walls, as described in the OLC opinions, clearly fall outside what is legally permissible.” [United Press International, 4/16/2009]
White House Condemns Methods, Opposes Investigations - Attorney General Eric Holder says of the memos: “The president has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.” Holder adds that, according to a Justice Department statement, “intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.” Holder states, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.” [US Department of Justice, 4/16/2009] President Obama condemns what he calls a “dark and painful chapter in our history,” and promises that such torture techniques will never be used again. However, he restates his opposition to a lengthy investigation into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.” In contrast, Leahy says that the memos illustrate the need for an independent investigation. Dennis Blair, the director of national intelligence, points out that the memos were written at a time when the CIA was working to prevent a repeat of the 9/11 attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” he says. “But we will absolutely defend those who relied on these memos.” [New York Times, 4/19/2009] The ACLU demands criminal prosecution of Bush officials for their torture policies (see April 16, 2009). [American Civil Liberties Union, 4/16/2009]
Techniques Include Waterboarding, Insect Exposure, 'Walling' - The memos show that several techniques were approved for use, including waterboarding, exposure to insects within a “confinement box,” being slammed into a wall, sleep deprivation, stress positions, forced nudity, and others. [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009]
Waterboarded Well beyond Allowed Procedures - Because the information about the waterboarding of Zubaida and Mohammed comes from the classified and heavily redacted CIA’s inspector general report, which has not yet been released to the public, the information is at least in part based on the videotapes of Zubaida’s interrogation sessions that were later destroyed by CIA officials (see March 6, 2009). The CIA memo explained that detainees could be waterboarded between 12 and 18 times in a single day, but only on five days during a single month—which mathematically only adds up to 90 times in a month, and thus does not explain how Mohammed could have been waterboarded 183 times in a month if these procedures were being followed. The memos also reveal that in practice, the waterboarding went far beyond the methodologies authorized by the Justice Department and used in SERE training (see December 2001 and July 2002).
Information Unearthed by Blogger - Initial media reports fail to divulge the extraordinary number of times Zubaida and Mohammed were waterboarded. It falls to a blogger, Marcy Wheeler, to unearth the information from the CIA memo and reveal it to the public (see April 18, 2009). [Marcy Wheeler, 4/18/2009]
Entity Tags: Marcy Wheeler, Central Intelligence Agency, Dennis C. Blair, Khalid Shaikh Mohammed, Dianne Feinstein, Jay S. Bybee, Geneva Conventions, Eric Holder, Barack Obama, Bush administration (43), John Conyers, Office of Legal Counsel (DOJ), US Department of Justice, American Civil Liberties Union, Steven Bradbury, Patrick J. Leahy, Abu Zubaida, Obama administration
Timeline Tags: Torture of US Captives
Montana Governor Brian Schweitzer (D-MT) signs into law House Bill 246. It exempts Montana-made guns from federal regulation. The law is the latest in a long list of legislative initiatives designed to strip power from the federal government and give it to the states. “It’s a gun bill, but it’s another way of demonstrating the sovereignty of the state of Montana,” Schweitzer says. The impact is limited to Montana, which currently has only a small number of specialty gun makers who make mostly replica and recreation rifles from US history, and most of their customers are out of state. However, supporters of the new law hope it will trigger a court case testing the legal basis for federal rules governing gun sales. State Representative Joel Boniek (R-MT), who sponsored the bill, said during the House debate, “What we need here is for Montana to be able to handle Montana’s business and affairs.” Many legislators among the 50 states have introduced legislation designed to push back against what they see as unconstitutional federal intrusion, often in response to the Obama administration’s economic stimulus plan. Some legislators consider themselves part of, or sympathetic to, the “tenther” movement, that construes the Tenth Amendment of the Constitution as vastly restrictive of the federal government’s powers. Another Montana representative, Michael More (R-MT), recently said of the gun bill and similar legislation, “The whole goal is to awaken the people so that we can return to a properly grounded republic.” Legislatures in 15 other states are considering resolutions that attempt to take back power from the federal government. “The balance has swung far to the extreme to the empowerment of the federal government, and to the harm of the individual states,” More says. However, critics warn that the “tenther” movement and the move to give power to the states is in line with anti-government militia ideals. “When you really actually get in and look at it there is a lot of what we feel is very dangerous, very anti-government language that reads very similar to posters for the militia movement in the 1990s,” says Travis McAdam of the Montana Human Rights Network. Montana Senator Christine Kaufmann (D-MT) says, “I do think that there is a kind of renewed vehemence to this kind of right-wing rhetoric being spewed by conservative talk show hosts to rile the troops and they are using the fact that we have a Democratic, black president as one of their rallying calls.” In Montana, the states’ rights bills are being sponsored by freshman legislators who were elected as part of an effort to oust more moderate Republicans and replace them with more conservative, “tea party-friendly” representatives. Supporters of House Bill 246 now intend to find someone to challenge a regulation by the Bureau of Alcohol, Tobacco and Firearms (BATF) that requires federal dealership licensing to build and sell firearms; they will use that pretext to file a lawsuit that they hope will end in the Supreme Court. The Montana Shooting Sports Association, which drafted House Bill 246, has said it will raise the money to pay for any legal costs. [Associated Press, 4/16/2009] Author and columnist David Neiwert later notes, in agreement with Kaufmann, that the Montana gun bill echoes the ideas of “state sovereignty” promoted by radical-right militia groups and “constitutionalists” in the 1990s. The idea behind the bill originated with Charles Duke (R-CO), a far-right Colorado legislator from the 1990s who had close ties to the Rocky Mountain-area militias (see May 15-21, 1996). Duke is considered one of the first “tenther” proponents, and is popular with white supremacists who espouse the “Christian Identity” belief system (see 1960s and After). Neiwert will also note that the gun legislation prompts a series of segments from Fox News host Glenn Beck on the bill and how he hopes it is the first of a larger number of legislative and court initiatives that will ultimately cripple the federal government. [Crooks and Liars, 5/15/2009]
Entity Tags: Montana Shooting Sports Association, David Neiwert, Christine Kaufmann, Charles Duke, Brian Schweitzer, Glenn Beck, Michael More, Obama administration, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Joel Boniek, US Supreme Court, Travis McAdam
Timeline Tags: Civil Liberties
Fox News anchor Megyn Kelly, interviewing Brent Bozell of the conservative media watchdog organization Media Research Center, lets slip an admission that her network provided public relations services to the “tea party” protests that took place yesterday (see April 15, 2009, April 15, 2009 and October 13, 2009). Kelly says: “You know, Brent, it’s been interesting because Fox News covered these tea parties, and we were one of the only organizations to give it any publicity or PR prior to the fact that it happened, and it was so under-covered by virtually every news organization. Why is that? Why was it so ignored up until the very last day by virtually everyone?” Talking Points Memo reporter Brian Beutler calls Kelly’s comment “a media version what some of us like to call a Kinsley gaffe”; such a “gaffe” is defined as an instance where a politician mistakenly tells the truth. [TPMDC, 4/16/2009] Steve Benen of the Washington Monthly notes: “Fox News is ostensibly a news outlet. Obviously, it’s not a legitimate journalistic enterprise, and equally obvious was the fact that it was doing ‘public relations’ work for the conservative rallies. But Megyn Kelly isn’t supposed to admit this on the air. As for the substance of her concerns about the legitimate news organizations, Kelly is no doubt convinced that there’s a nefarious media bias at play, but it’s at least possible major outlets didn’t have much pre-event coverage because there wasn’t that much, you know, news. Most mainstream outlets didn’t feel the need to do ‘p.r.’ work for enraged partisans in advance of their protests. That’s probably a good thing.” [Washington Monthly, 4/16/2009]
The Senate Finance Committee, chaired by Senator Max Baucus (D-MT), holds a series of hearings about health care reform, on April 21, May 5, and May 12. In all, 41 experts testify, but none of them advocate the so-called “single-payer” form of health care, a system which essentially has the government providing health care insurance instead of private insurers—“Medicare for all Americans,” as some characterize it. [Politico, 5/5/2009; Single Payer Action, 5/21/2009] The experts are from organizations like America’s Health Insurance Plans (AHIP), the health industry’s largest lobbying firm, and health insurers Blue Cross and Aetna. Some of the invited organizations employ former Baucus staff members. [Rolling Stone, 9/3/2009] Baucus says that single-payer is “off the table,” and will not be considered. [TPM Cafe, 5/5/2009]
Health Industry Heavy Donors to Baucus - The nonpartisan organization Consumer Watchdog has reported that Baucus, one of the Senate’s most important architects of Congressional health reform, has accepted more campaign contributions from the health insurance and pharmaceutical corporations than any other current Democratic member of the House or Senate. During the last two election cycles, he received $183,750 from health insurance companies and $229,020 from drug companies. [Single Payer Action, 5/21/2009]
Protesters Disrupt Hearings - Protesters disrupt the hearings by standing up and shouting criticisms of the committee over its failure to bring single-payer into the discussion. Eight protesters are led out of the hearing room and later arrested. At one point, Baucus asks for more police officers to enforce security. The protests are organized by Healthcare Now, Physicians for a National Health Program, and Single Payer Action, all of whom support a single-payer, government-run health care system. One protester calls the hearings nothing more than “political theater.” For his part, Baucus assures the audience, “I want you to know I care deeply about your views.” [Politico, 5/5/2009] The eight protesters spend around seven hours in jail. One, Dr. Margaret Flowers, later recalls: “It’s funny, the policemen were all telling us their horror stories about health care. One was telling us about his mother who was 62 and lost her job and was uninsured, waiting to get Medicare when she was 65.” The protesters are sentenced to six months’ probation. Baucus later admits that not allowing single-payer advocates to participate in the hearings was a mistake; he will eventually agree to meet with a group of those advocates (see June 3, 2009).
Single-Payer Never Considered - In September, Rolling Stone reporter Matt Taibbi will note that Baucus, like President Obama and other prominent Democrats, has supported single-payer insurance in theory, but asserts such a proposal would never get through Congress. Journalist Russell Mokhiber, who advocates for single-payer as a member of Single Payer Action, later says that the Obama administration and Congressional Democrats made an agreement with health industry leaders months before considering legislation for health care reform that single-payer would not be part of their proposals. In return, Mokhiber will say, they asked the industry not to oppose their reform efforts, a request that the industry has generally not honored. [Rolling Stone, 9/3/2009]
Entity Tags: Aetna, Healthcare Now, Consumer Watchdog, Barack Obama, America’s Health Insurance Plans, Single Payer Action, Blue Cross, Russell Mokhiber, Margaret Flowers, Matt Taibbi, Senate Finance Committee, Max Baucus, Obama administration, Physicians for a National Health Program
Timeline Tags: US Health Care, Domestic Propaganda
Former Bush White House press secretary Ari Fleischer says he has no problem with certain methods of torture documented in recently released Bush administration memos (see April 16, 2009). “I don’t know what I think about waterboarding,” Fleischer says. “I think waterboarding is pretty close to the line. But I’m not an expert in it, and I think, when it comes to that, you really can’t go by what a layman has come to learn by reading newspapers.… [S]leep deprivation, I have no problem with. I think it’s all is how it’s conducted and to what extent things go (see April 21, 2009). [I]f you read those documents, it was conducted with medical people being present to make certain that it didn’t enter the area where you go from a harsh technique—and I think it’s appropriate to be harsh with people after September 11 who might be able to prevent the next attack.” Even so, Fleischer says he is not a proponent of torture. Asked by interviewer Anderson Cooper, “If it works, do you think, then, it’s justified?” Fleischer replies, “No, I don’t.” [CNN, 4/21/2009]
Ali Soufan, an FBI supervisory special agent from 1997 to 2005, writes an op-ed for the New York Times about his experiences as a US interrogator. Soufan, who was one of the initial interrogators of suspected al-Qaeda operative Abu Zubaida (see Late March through Early June, 2002), says he has remained silent for seven years “about the false claims magnifying the effectiveness of the so-called enhanced interrogation techniques like waterboarding.” Until now, he has spoken only in closed government hearings, “as these matters were classified.” But now that the Justice Department has released several memos on interrogation (see April 16, 2009), he can publicly speak out about the memos. “I’ve kept my mouth shut about all this for seven years,” Soufan says. “I was in the middle of this, and it’s not true that these techniques were effective. We were able to get the information about Khalid Shaikh Mohammed in a couple of days. We didn’t have to do any of this [torture]. We could have done this the right way.” [New York Times, 4/22/2009; Newsweek, 4/25/2009] In early 2002, Soufan trained Guantanamo interrogators in the use of non-coercive interrogation techniques; a colleague recalls the military intelligence officials in the session being resistant to the ideas Soufan proposed (see Early 2002). [Newsweek, 4/25/2009]
'False Premises' Underpinning Use of Torture - Soufan says the memos are based on what he calls “false premises.” One is the August 2002 memo granting retroactive authorization to use harsh interrogation methods on Zubaida on the grounds that previous methods had been ineffective (see August 1, 2002). Soufan asserts that his questioning of Zubaida had indeed been productive (contradicting earlier CIA claims—see December 10, 2007), and that he used “traditional interrogation methods” to elicit “important actionable intelligence” from the suspected operative. The harsh methods later used on Zubaida produced nothing that traditional methods could not have produced, Soufan says; moreover, those harsh techniques—torture—often “backfired” on the interrogators. Many of the methods used on detainees such as Zubaida remain classified, Soufan writes: “The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.”
False Claims 'Proving' Usefulness of Torture - Some claim that Zubaida gave up information leading to the capture of suspected terrorists Ramzi bin al-Shibh and Jose Padilla. “This is false,” Soufan writes. “The information that led to Mr. Shibh’s capture came primarily from a different terrorist operative who was interviewed using traditional methods. As for Mr. Padilla, the dates just don’t add up: the harsh techniques were approved in the memo of August 2002, Mr. Padilla had been arrested that May.”
Restoring the 'Chinese Wall' - Because of the use of torture by the CIA, the two agencies will once again be separated by what Soufan calls “the so-called Chinese wall between the CIA and FBI, similar to the communications obstacles that prevented us from working together to stop the 9/11 attacks.” Since the FBI refused to torture suspects in its custody, “our agents who knew the most about the terrorists could have no part in the investigation. An FBI colleague of mine who knew more about Khalid Shaikh Mohammed than anyone in the government was not allowed to speak to him.”
Targeted Investigations - Soufan writes that any investigations into the use of torture by the CIA should not seek to punish the interrogators who carried out the government’s policies. “That would be a mistake,” he writes. “Almost all the agency officials I worked with on these issues were good people who felt as I did about the use of enhanced techniques: it is un-American, ineffective, and harmful to our national security.” Soufan goes farther, adding, “It’s worth noting that when reading between the lines of the newly released memos, it seems clear that it was contractors, not CIA officers, who requested the use of these techniques.” The CIA itself must not be targeted for retribution, Soufan writes, as “[t]he agency is essential to our national security.” Instead, “[w]e must ensure that the mistakes behind the use of these techniques are never repeated.” [New York Times, 4/22/2009; Newsweek, 4/25/2009]
Rachel Maddow and Ron Suskind during their MSNBC interview. [Source: Huffington Post]MSNBC host Rachel Maddow interviews author Ron Suskind, who has written several books documenting the clandestine activities of the Bush administration. Maddow is most interested in the recent release of the Senate Armed Services Committee report documenting the use of torture against prisoners in US custody (see April 16, 2009 and April 21, 2009). Suskind notes that there were two separate but parallel tracks being followed in the administration, authorizing both the military and the CIA to torture prisoners. He believes the administration’s underlying motive was to find, or create through false confessions, a link between Iraq and al-Qaeda that would justify the invasion of Iraq. Suskind tells Maddow: “What’s fascinating here is that if you run the timelines side by side, you see for the first time… that the key thing being sent down by the policymakers, by the White House, is ‘Find a link between Saddam [Hussein] and al-Qaeda, so that we can essentially link Saddam to the 9/11 attacks and then march into Iraq with the anger of 9/11 behind us.’ That was the goal and was being passed down as the directive.… It’s often called ‘the requirement’ inside the CIA, for both agents with their sources and interrogators with their captives: ‘Here’s what we’re interested in, here’s what we, the duly elected leaders want to hear about. Tell us what you can find.’ What’s fascinating, is in the Senate report, is finally, clear confirmation that that specific thing was driving many of the activities, and, mind you, the frustration inside of the White House… as frustration built inside of the White House that there was no link that was established, because the CIA told the White House from the very start that there is no Saddam to al-Qaeda link—‘We checked it out, we did it every which way, sorry’—the White House simply wouldn’t take no for an answer, and it went with another method: torture was the method. ‘Get me a confession, I don’t care how you do it.’ And that bled all the way through the government, both on the CIA side and the Army side.” Suskind notes that the “impetus was not to foil potential al-Qaeda attacks. The impetus here was largely political and diplomatic. The White House had a political/diplomatic problem. It wanted it solved in the run up to the war.” [Huffington Post, 4/22/2009; MSNBC, 4/22/2009]
Senator John Ensign (R-NV) calls the recently released Senate Armed Services Committee report on Bush-era torture policies (see April 21, 2009 and April 21, 2009) a “Democrat partisan” report. MSNBC’s Chris Matthews asks Ensign if he is shocked that those torture practices were based on techniques used by Chinese Communists to elicit false confessions from American prisoners of war (see 1957). Ensign accuses Matthews of being “inflammatory.” Matthews says he is not being inflammatory because he is reading directly from the report. At that point, Ensign says: “Chris, the reason I said it is because you didn’t preface that with saying that was a Democrat report. That was a Democrat partisan report. And you have to understand where the people who were doing that report—where their ideology comes from.” Matthews retorts: “Well, apparently, Senator John McCain [R-AZ] is part of what you call a ‘Democrat report.’ It’s the full committee report.… [I]t’s the Armed Services Committee report. It went through three months of review by the Defense Department, until its final release just yesterday. It seems to me this was vetted, sir. And you say this was some Democrat report.” Ensign responds: “The Democrats are in control of all of the committees. This was a Democrat majority report. This was not with the participation of the minority where the minority signed it, ‘Yes, we agree with these views.’” Before the interview, another MSNBC correspondent noted that both McCain and another Republican committee member, Lindsey Graham (R-SC), endorsed the report. And reporter Amanda Terkel, of the progressive news Web site Think Progress, reports that she spoke with a committee spokesman who confirmed that the full, unanimous committee released the report. When Matthews informs Ensign that McCain endorsed the report, Ensign says: “Well, I disagree with you. We had a discussion at lunch about this and many members of the [Senate Intelligence Committee and Armed Services Committee] completely disagreed with the report. That’s why I said it was a Democrat partisan report.” [Think Progress, 4/22/2009]
Former Vice President Dick Cheney says that the Obama administration’s decision to release a spate of Justice Department torture memos (see April 16, 2009) was a mistake, but now that these have been released, he says the CIA should release memos which he says prove torture works. “[I]n the aftermath of 9/11 with 3,000 dead Americans, 16 acres of downtown New York devastated, a big hole in the Pentagon,” and anthrax attacks shortly thereafter, the US had to obtain “good first-rate intelligence” quickly to “prepare and defend against” future threats, Cheney tells Fox News host Sean Hannity. “That’s what we did. And with the intelligence programs, terror surveillance programs, as well as the interrogation program, we set out to collect that type of surveillance.” The upshot was, Cheney says, “It worked.” Cheney objects to what he characterizes as selective declassification on the part of the Obama White House, saying: “One of the things that I find a little bit disturbing about this recent disclosure is that they put out the legal memos… but they didn’t put out the memos that show the success of the effort.… There are reports that show specifically what we gained as a result of this activity. They have not been declassified. I formally ask that they be declassified now.” Cheney does not specify which, if any, unreleased memos might prove his contention that waterboarding and other torture methods produce accurate and reliable information. [BBC, 4/21/2009; Christian Science Monitor, 4/21/2009] Cheney is reiterating a call he made two days ago, again on Hannity’s show (see April 20, 2009).
Fox News talk show host Sean Hannity displays his angry support for torture and waterboarding on his show, in response to the controversy over the recently released Senate report on torture (see April 21, 2009). Hannity says: “Barack Obama is so weakening our defenses in every regard, sucking up to all the world’s dictators, that people are gonna die because of what Barack Obama is doing right now. People are going to die.” When a guest objects that Americans may die because of the Bush administration’s torture policies, and that American torture policies are “spawning terrorists,” Hannity accuses her of “blam[ing] America” for terrorism, and begins shouting: “They [terrorists] are not Americans! They are at war with us!” He then raises a football over his head and says, “Imagine this is [9/11 plotter] Khalid Shaikh Mohammed’s head.” He slams it on the table and shouts: “Dunk it in water so we can save American lives! You bet!” [Media Matters, 4/22/2009]
Al Franken (D-MN), who won the recount to become the junior US senator from Minnesota but who has been blocked from taking his seat by a legal challenge filed by his opponent, Norm Coleman (R-MN—see January 5, 2009 and January 7, 2009), asks the Minnesota Supreme Court to expedite Coleman’s legal challenge to the recount. Coleman is appealing the recent decision by a lower court to uphold the recount findings and declare Franken the winner of the race (see April 13, 2009). Franken won the recount by 312 votes. Franken’s lawyer David Lillehaug says in a court filing, “Because of the important public policy concern of ensuring that the interests of the citizens of Minnesota are properly represented in Congress, this appeal should be expedited.” Lillehaug is echoing concerns made by Franken and his campaign that Minnesota is suffering by having only one, and not two, sitting US senators. Coleman’s campaign says through a spokesperson that it will comply with a Supreme Court ruling; Coleman himself has said he wishes the process to move as quickly as possible. Franken wants oral arguments before the Minnesota high court to begin in early May, but Coleman’s lawyer James Langdon says those arguments probably will not begin until late May or early June. Minnesota’s version of the Democratic Party, the Democratic-Farmer-Labor Party (DFL), has begun a “Give It Up, Norm” campaign prodding Coleman to concede the election. DFL official Brian Melendez says of Coleman, “If he fights this through to its bitter conclusion, he’ll be not only a sore loser but a permanent loser.” Minnesota Republican Party spokesperson Gina Countryman says, “The number that matters in this whole scenario is the number of voters that remain disenfranchised,” continuing Coleman’s argument that if the ballots were properly counted, he would have won the recount. [Minneapolis Star-Tribune, 4/22/2009]
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]
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]
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]
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]
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]
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 former deputy head of British intelligence, MI6, says that Britain was “dragged into a war in Iraq which was always against our better judgment.” Nigel Inkster served as deputy director of MI6 at the time Britain entered the war in Iraq. Inkster says there were always deep reservations about the war among the senior officials of MI6, Britain’s Secret Intelligence Service. MI6 has taken the brunt of the blame for the failed intelligence that helped lead Britain to join the US in the war, including the “sexed-up” or “dodgy” dossier that led then-Prime Minister Tony Blair to claim that Iraq had the capability to launch weapons of mass destruction within 45 minutes. Inkster, during a speech at the Institute for Public Policy Research, says weakness at the Foreign Office allowed Britain to become involved in a war that few felt comfortable joining. “The Foreign Office no longer does foreign policy,” Inkster says. “It acts as a platform for a multiplicity of UK departments and the lack of a clearly articulated sense of our strategic location in the world explains how we got dragged into a war with Iraq which was always against our better judgment.” Inkster also criticizes Britain’s role in Afghanistan, saying Britain has been attempting to implement an agenda that is “ludicrously at variants with the resources allocated to that task.” Inkster says the world is moving from “being policed by America to be policed by nobody,” and the dangers of an increasingly unstable world mean populations are likely to fall back on the “snake oil and voodoo” of religious and nationalistic movements. [Daily Telegraph, 5/3/2009]
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]
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
Mary and Pat Tillman Sr. in 2002 at a halftime ceremony held during an Arizona Cardinals game in honor of their son. [Source: Associated Press]Mary Tillman, mother of Ranger Pat Tillman (see May 23-June 1, 2002), a former NFL star killed under disputed circumstances in Afghanistan in 2002 (see April 23, 2004), sends a one-sentence email to the Associated Press: “It is imperative that General [Stanley] McChrystal be scrutinized carefully during the Senate hearings.” McChrystal, once a ‘black ops’ Special Forces chief, is to head up the war in Afghanistan, replacing fired General David McKiernan.
Due for Confirmation, McChrystal Participated in Tillman Death Cover-Up - On April 29, 2004, McChrystal, then a lieutenant general, urged top generals to warn “our nation’s leaders,” particularly the president, not to refer to “the devastating enemy fire” story cited in paperwork he had already approved to award Tillman the Silver Star (see April 29, 2004) posthumously. He wrote that it was “highly possible” Tillman’s death was due to friendly fire. [USA Today, 5/13/2009]
Pentagon Wanted McCrystal Punished, but Senate Voted to Promote - When these facts regarding McCrystal’s role in the Pentagon’s suppression of the truth about the circumstances of Tillman’s death became known in 2007, the Pentagon wanted him to be sanctioned. However, in 2008, the Senate overwhelmingly voted for his promotion from a two-star to a three-star general.
Father Accuses McChrystal of Being on Board with Deception - In an interview with the Associated Press, Tillman’s father, Pat Sr., says that McChrystal had joined a “falsified” investigation into criminal conduct in an earlier Army probe. McChrystal’s confirmation process is slated to be finalized in late June. [USA Today, 5/13/2009]
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]
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]
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]
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