Media Matters

Syndicate content
This link is for use by RSS-enabled software to retrieve the latest blog posts from Media Matters for America
Updated: 7 min 39 sec ago

Emily Arrowood: Fox Distorts Obama's Response To IRS Report In Order To Justify Calls For A Special Prosecutor

Wed, 05/15/2013 - 00:54

Fox News ignored President Obama's explicit demand for accountability in the wake of news that the Internal Revenue Service applied extra scrutiny to conservative groups. The network's omission gave it cover to accuse Obama of not taking the IRS's actions seriously and to call for a special prosecutor.

Obama first addressed the IRS controversy during a May 13 joint press conference with British Prime Minister David Cameron, where he condemned the IRS's behavior with the caveat, "If, in fact, IRS personnel engaged in the kind of practices that had been reported," then "that's outrageous and there's no place for it. And they have to be held fully accountable."

After the Inspector General published its report on the IRS's actions, concluding the agency applied "inappropriate criteria" to conservative applicants, Obama granted the IRS no such caveat. He released a statement definitively naming the IRS's actions "intolerable and inexcusable" and directing action to be taken to hold those responsible accountable:

I have now had the opportunity to review the Treasury Department watchdog's report on its investigation of IRS personnel who improperly targeted conservative groups applying for tax-exempt status.  And the report's findings are intolerable and inexcusable.  The federal government must conduct itself in a way that's worthy of the public's trust, and that's especially true for the IRS.  The IRS must apply the law in a fair and impartial way, and its employees must act with utmost integrity.  This report shows that some of its employees failed that test.

I've directed Secretary Lew to hold those responsible for these failures accountable, and to make sure that each of the Inspector General's recommendations are implemented quickly, so that such conduct never happens again.

Yet the next day, America Live host Megyn Kelly and Fox's digital political editor Chris Stirewalt pretended Obama issued no such condemnation.

Instead, Kelly claimed that even after the IG's report was released, "we still have the president saying, 'Well, if they did it, if they did it, if they did it." She ranted, "I don't understand, more so today than the other day, why the president used that word 'if.' 'If these people did this, if these people did that.' Now that I've seen the Inspector General report -- and you're telling me -- now Fox News just got it last night. But other news organizations had it leaked to them early. You're telling me President Obama couldn't have got it when it was complete on Monday?"

Kelly and Stirewalt used their mischaracterization of Obama's response to call for a special prosecutor into the IRS's actions. Stirewalt told Kelly that if he were the president, he would "find a Republican of good standing" to appoint as an independent investigator. Kelly responded with the charge, "Where is the harm to this administration, if as these IRS employees state, no one outside of the IRS had anything to do with this, this was just IRS employees deciding to target conservatives. So if the White House and no one else had anything to do with it, where is the harm? Why doesn't the president just say 'absolutely'?"

Carlos Maza: Fox Ignores Marriage Equality Victories While Peddling Anti-Equality Horror Stories

Tue, 05/14/2013 - 22:35

Fox News chose to ignore the historic passage of marriage equality in Rhode Island, Delaware, and Minnesota, opting instead to promote a handful of asinine horror stories about same-sex marriage.  

Fox News viewers are likely unaware that three states - Rhode Island, Delaware, and Minnesota -voted to legalize same-sex marriage over the past three weeks. That's because Fox News spent a total of one minute covering the stories, according to an Equality Matters analysis:

While CNN and MSNBC both covered the developments, Fox News made only three mentions of the passage of marriage equality in Rhode Island, entirely ignoring the new law in Delaware.

Jill Fitzsimmons: Nightly News Covered The Royal Family More Than Climate Change In 2012

Tue, 05/14/2013 - 09:28

More than 72,000 Americans are calling on ABC, CBS and NBC to reassess their priorities after a Media Matters analysis found that their nightly news programs devoted very little time to climate change in 2012 -- less than they covered the British royal family.

Even during the warmest year on record in the U.S., the nightly news programs combined devoted only 12 full segments to climate change. By contrast, these programs dedicated over seven times more coverage to the royals in 2012, as this graphic by the Climate Reality Project in collaboration with Media Matters illustrates:

The disparity was greatest on ABC World News, which dedicated 43 segments to the royal family and only one to climate change. NBC Nightly News wasn't much better, devoting 38 segments to the royals and only 4 to climate change. CBS Evening News covered climate change the most -- in 7 segments -- but still less than its 11 segments on the royal family.

This ongoing imbalance was illustrated just last week when scientists announced that the amount of carbon dioxide in the atmosphere is set to surpass 400 parts per million, likely for the first time in human history. ABC World News and NBC Nightly News ignored the story, even as NBC found time to cover Prince Harry's visit to the United States.

A previous Media Matters report found that the broadcast networks covered Donald Trump more than climate change in 2011.

Eric Boehlert: With Benghazi, Republicans Recruit Beltway Press For Another Whitewater Production

Tue, 05/14/2013 - 07:41

Reporting on ABC News' story about how administration talking points about the September 11 terrorist attack on a U.S. diplomatic facilities had gone through an inter-agency editing process, World News Tonight anchor Diane Sawyer on May 10 introduced the program's coverage by claiming the White House had been "challenged today during a leadership crisis." Sawyer reported the latest round of Benghazi questions and allegations about the talking points revolved around "what the president did on Benghazi" eight months ago, the night four Americans were killed.

Neither claim was true. There's no indication Obama played any role in the crafting of the talking points, which had nothing to do with what the president did during the attack. But for ABC, the editing process for a sheet of talking points is now considered a "leadership crisis."

As wildly inaccurate and misleading as Sawyer's brief introduction was, it helped in terms of marking how deeply the mainstream news media have ventured into the GOP scandal culture in order to help legitimize the right-wing effort to turn Benghazi into full fledged political firestorm at home.

With Republicans working in tandem with Fox News to prop up Congressional hearings that have provided a framework for news coverage in recent weeks, the Benghazi story has taken on a nostalgic, 1990's feel recalling a time when the same Republican Party and the same conservative media noise machine hounded a Democratic president with endless allegations of wrongdoing. Punctuated by hearings, the wild allegations were excitedly churned through news cycles by reporters and pundits in hot pursuit of "scandal." (And used by conservatives to raise campaign cash.)

It's especially reminiscent of Whitewater, the octopus-like investigation that stretched on for years, cost tens of millions of dollars, and even branched out into scrutinizing President Bill Clinton's sex life.  Over time, the vast majority of those endless Clinton allegations were proven to be hollow. But aidded by some regrettable journalism, the relentless scandal culture took hold and managed to damage to the Clinton administration. Now it's time for a rerun. ("Getting the band back together," is how Esquire's Charles Pierce describes the right-wing's obvious re-assembling of its `90s scandal machine.)

As the Beltway's Benghazi witch-hunt gathers momentum, and questions about relatively minor events, such as the inter-agency drafting of national security talking points, are portrayed as deeply disturbing news revelations (while previous, disproved Benghazi allegations get quietly shelved), it's uncanny how the storyline more and more resembles the early days of the Whitewater fiasco, and other ancillary Clinton pursuits.

Note how the formerly Whitewater-obsessed Wall Street Journal editorial page is calling for the creation of a Select Committee to investigate Benghazi. The paper insists it's the only way "for the U.S. political system to extricate itself from the labyrinth called Benghazi," when a Select Committee could accomplish the opposite and drag the story out for years. Indeed, the whole point of the GOP's Whitewater model is to create a political labyrinth for the White House, and to then wallow in it and hope the press does, too. That's the Whitewater model; to launch a "scandal" that can sustain itself through endless investigation for months and years on end.

Like Whitewater, look at how the Benghazi production now comes complete with dubious claims about whistleblowers (and their unreliable advocate), controversial talking points, and leaked Congressional testimony used to whip up media anticipation. But it's testimony that ultimately failed to advance the story.

Bill Clinton and his former senior advisers must be suffering severe bouts of déjà vu these days.

Rob Savillo: In Five Years, Diversity On Cable News Has Hardly Improved

Tue, 05/14/2013 - 07:21

Tune in to any cable news network in the evening hours and chances are that, no matter the topic, you'll be watching a white guy. Our recent study of diversity on 13 evening cable news shows revealed that white men were hosted 58 percent of the time during April 2013. And this is as true today as it was five years ago.

Back in 2008, we conducted a similar study of evening cable news shows for the month of May, and we found nearly identical results.

Ari Rabin-Havt: Benghazi: "Thank God For Fox"

Tue, 05/14/2013 - 07:05

Yesterday on Fox News, Senator John McCain (R-AZ) offered thanks to Fox News President Roger Ailes and his colleague Lindsay Graham (R-SC), giving them credit if heightened scrutiny of the terrorist attack in Benghazi results in "a full investigation."

Host Neil Cavuto agreed with the praise for his boss' handiwork, offering confirmation for McCain's suggestion by replying "yeah... head of this network for not letting go of this."

Graham -- appearing on Greta Van Susteren's program a few hours later -- agreed with McCain's assessment, telling the On the Record host "thank God for Fox" while also praising CBS -- presumably for the reporting of Sharyl Attkisson.

The examples of McCain and Graham serve as a reminder that the network has been an active player in the politicization of the Benghazi story from the beginning. This is part of a distinctive pattern we've previously reported at Media Matters in past attempts to flame supposed Obama administration scandals, known as the Fox Cycle.

From day one, when the network distorted a timeline of the attack to attempt to justify a press statement by Mitt Romney's campaign that in conservative writer David Frum's words attempted "to score political points on the killing of American diplomats," Fox viewed Benghazi as a way to score political points against the president.

It was Fox's Megyn Kelly who linked an Obama campaign poster to a blood-smeared wall left after the attack on the diplomatic facility.

Only two weeks after the attack, Sean Hannity claimed Obama was "covering up for Al Qaeda," a charge repeated by Eric Bolling who went on to blame the president for the attack because he had "spik[ed] the football on killing Bin Laden."

In October, Fox had already turned its attention to Hillary Clinton when network analyst Ralph Peters told Bill O'Reilly: "The blood of the ambassador and the other three Americans is on Hillary Clinton's hands."

Later in the month, the hosts of The Five criticized the president for preparing a response to the attacks because it "was too little far too late" and demonstrated "an inept foreign policy."

A few days later, the hosts of Fox & Friends opined that the president might order military action against Libya to gain the upper hand in the presidential debates.

As Election Day approached, Roger Ailes' personal lawyer and Fox News contributor Peter Johnson, Jr. told the hosts of Fox & Friends that the administration may have "sacrificed Americans" for political purposes.

Fox did not let up after the election. Fox & Friends host Steve Doocy asked if General Petraeus was "being blackmailed by the White House to toe the company line."

In December, after her testimony before Congress was postponed, it was Fox that accused Hillary Clinton of faking a concussion on multiple occasions.

The list goes on and on. (I haven't even touched on the network's campaign to compare Benghazi to Watergate.)

McCain and Graham should be thankful that Fox from the start has viewed the tragedy in Benghazi as a political weapon to use against the White House. No claim too paranoid, no attack too unseemly. They are right; without Roger Ailes' ability to generate a scandal, the media might be discussing how to ensure our diplomatic outposts are properly protected so a tragedy like what occurred on September 11, 2012, never happens again. Instead we are now in step four of the Fox Cycle -- mainstream media outlets eventually cover the story, echoing the right-wing distortions.

Step six -- the story is later proven to be false or wildly misleading, long after damage is done -- cannot come soon enough. 

Matt Gertz: Fox News Chairman Ailes To Receive Major Conservative Award

Tue, 05/14/2013 - 06:41

Fox News Chairman Roger Ailes will reportedly be a recipient of a major award given to "innovative thinkers" whose achievements benefit the conservative movement.

Politico's Mike Allen reported that later today the Lynde and Harry Bradley Foundation, a foundation that gives tens of millions of dollars to a "Who's Who" of right-wing movement organizations every year, will announce that a 2013 Bradley Prize will be awarded to Ailes, along with a stipend of $250,000. The forthcoming release will trumpet Ailes as "a visionary of American journalism" whose "innovative business-building strategies have revolutionized the uncovering and delivery of news in America."

Following President Obama's 2008 election, Ailes reportedly said he saw his network as "The Alamo." Fox News became the "voice of opposition," launching a four-year campaign to make Obama a one-term president. Since the president's re-election, Fox has produced a massive quantity of false and misleading coverage of the September 2012 attacks in Benghazi, Libya, as they attempt to turn those events into Obama's Watergate, earning plaudits from Republicans senators.

Past recipients of the Bradley Prize include current Fox News contributors Michael BaronePaul GigotBill KristolJohn Bolton, and Charles Krauthammer, along with a number of other leaders in the conservative movement.

Albert Kleine: Media Push Economic Inequality To The Backseat

Tue, 05/14/2013 - 06:37

Media outlets largely ignored economic inequality in discussions about the overall economy, despite mounting evidence suggesting that the problem has increased in recent years.

While media have been quick to highlight ostensibly positive gains for the economy -- notably that the Dow Jones Industrial reached 15,000 for the first time in its history, GDP grew by 2.5 percent in the first quarter of 2013, and unemployment for April edged down to 7.5 percent -- signs of rising income inequality have gone largely unmentioned.

According to a recent Media Matters

The discrepancy in covering economic inequality stretched across all major outlets. ABC, CBS, and NBC provided no mentions of the problem. MSNBC devoted the most coverage, with roughly 25 percent of segments on the economy discussing rising inequality.

While the media have pushed inequality out of the spotlight, mounting evidence suggests that the problem is getting worse.

As for the rising stock market, while any gains should be viewed as a positive for the economy as a whole, the distribution of those gains paints a less than perfect picture. According to a Gallup poll, 52 percent of Americans currently hold stocks, a number that has been consistently declining in recent years.

Other indicators highlight the deep-seated nature of economic inequality. According to Congressional Budget Office data, from 1979 to 2007 the top one percent of income earners have seen their after-tax share of total income rise by more than 120 percent, while the bottom 20 percent of earners have seen that share decline by almost 30 percent.

And according to an analysis by journalist David Cay Johnston, economic gains in recent history show an even darker reality - from 2009 to 2011, 149 percent of increased income was reaped by the top 10 percent of earners. 

Meanwhile, the economy is currently suffering from an epidemic of long-term unemployed workers, which, as noted in a Bloomberg editorial, could create a permanent underclass of workers unable to reenter the labor force.

Some of the media's attention -- albeit very little -- has  focused on the inequitable impact of sequestration on low-income individuals. The overwhelming majority of discussion of inequality in April, most notably on MSNBC, focused on Congress' unwillingness to mitigate the impacts of sequestration of the poor, while members were seemingly enthusiastic to correct inconveniences for those at the upper end of the income scale.

While some attention has been given to economic inequality, the broader trend in media is to ignore the issue, preferring instead to focus on the widely recognized non-issue of short-term deficit and debt reduction.

Samantha Wyatt: Krauthammer Still Hasn't Seen This Photo Of Obama From Night Of Benghazi Attack

Tue, 05/14/2013 - 06:17

Fox News contributor Charles Krauthammer continued to hype the right-wing myth that President Obama was missing on the night of the September 11, 2012 attack on the American consulate in Benghazi, Libya.

During a May 14 panel discussion on the Benghazi investigation during Fox News' Special Report, Krauthammer requested photographic evidence of President Obama's whereabouts on the night of the Benghazi attack:

KRAUTHAMMER: And where was the president on that night? We've all seen the video and the pictures--well the picture of the situation room--of Obama on the night of the Osama raid. And everybody looks at that, oh yeah he was really involved in that. Show me a picture of where he was on the night of the attack in Libya.

The claim that Obama was absent the night of the Benghazi attack has been

Remington Shepard: Fox Deceptively Edits Obama Remarks To Portray Him Dismissing Benghazi Attack Victims

Tue, 05/14/2013 - 06:09

Fox News accused President Obama of dismissing as a "sideshow" four Americans killed in attacks in Benghazi, Libya, by distorting remarks he made at a press conference.

During a May 13 press conference, Obama responded to a question regarding the September 2012 attack on a U.S. diplomatic facility in Benghazi and the initial talking points used to describe the attack. 

Fox & Friends co-host Gretchen Carlson accused Obama of dismissing the victims of the attack as a "sideshow," using a version of Obama's response cropped by Fox:

CARLSON: Three things jump out at me. There was the question, right off the bat. The mainstream media is finally paying attention to this story.  The president probably knew he was going to possibly get the question now after ABC jumped into the game last week. But to say that is a sideshow, is that offensive to the four people who died in Benghazi? If you're one of those family members today, do you think that's offensive to call this a sideshow?

BRIAN KILMEADE (CO-HOST): Well he said that talk--

CARLSON: We still have not apprehended anybody for those murders, number one. If he's talking about the talking points being a sideshow, you now have people saying that they were changed 12 times and what the White House said originally -- they only changed two words -- may not be the truth.

Matt Gertz: When ABC News Claimed It Had "Obtained" The Benghazi Emails

Tue, 05/14/2013 - 03:01

ABC News is now claiming that its Benghazi "exclusive" was based on summaries of emails between administration aides, not the emails themselves -- an assertion belied by their earlier reports.

CNN's Jake Tapper reported on May 14 that he had obtained an email sent by White House aide Ben Rhodes that "differs from how sources inaccurately quoted and paraphrased it in previous accounts to different media organizations," including ABC's Karl. According to Tapper, previous accounts of the email made it "appear that the White House was 'more interested in the State Department's desire to remove mentions of specific terrorist groups and warnings about these groups so as to not bring criticism to the State Department than Rhodes' email actually stated.'"

The conservative media has spent months obsessing over the Benghazi talking points that administration officials were discussing in those emails. According to right-wing conspiracy, the administration edited the talking points to downplay the role of terrorism in the attack in order to benefit the Obama reelection campaign. In fact, as then-CIA director David Petraeus noted, the talking points were changed to avoid interfering with the ongoing investigation into the perpetrators -- an account bolstered by the full version of the Rhodes email. 

ABC News has responded by claiming their original reporting was based on summaries of the emails, not the emails themselves. In a statement to the Washington Post's Erik Wemple, an ABC spokesperson wrote: "Assuming the email cited by Jake Tapper is accurate, it is consistent with the summary quoted by Jon Karl." Karl himself has responded that rather than reviewing the emails themselves, he actually had been "quoting verbatim a source who reviewed the original documents and shared detailed notes." He added that "[t]he source was not permitted to make copies of the original e-mails," suggesting that his original report was based solely on that source's summaries, and denied that the summaries provided an inaccurate take on the original email.

But ABC News and Karl himself have repeatedly suggested he had obtained the actual emails, not summaries of emails from Rhodes and others in the administration.

In the third paragraph of his May 10 ABCNews.com article, Karl reported that "White House emails reviewed by ABC News suggest the edits were made with extensive input from the State Department" (emphasis added). Three paragraphs later, he wrote that "Summaries of White House and State Department emails -- some of which were first published by Stephen Hayes of the Weekly Standard -- show that the State Department had extensive input into the editing of the talking points" (emphasis added). That was the sole reference to "summaries" in the online article. Instead, he repeatedly produced quotes from what he described as "emails," suggesting that he had personally reviewed the original documents.

Karl and his ABC News colleagues also repeatedly suggested on-air that he had obtained the actual emails.

Reporting on ABC's Good Morning America on May 10, Karl neither said he had personally reviewed the emails, nor said he had reviewed summaries. Instead, he said he had "had emails read to me," then provided what he described as a direct quote from a State Department spokeswoman's email.

Unfortunately your browser does not support IFrames.

Karl likewise cited "an email obtained by ABC" on the May 10 edition of ABC's World News and read the comments from the State Department spokeswoman as a "quote" from that email. (via Nexis).

Similarly, ABC's Martha Raddatz referred to Karl having "exclusively obtained the emails" on the May 12 edition of This Week, while Reena Ninan referenced "emails exclusively unearthed" by Karl on the May 11 World News.

It seems reasonable for readers to assume that when, for instance, a reporter publishes a direct quote attributed to a White House staffer from what is described as "an email dated 9/14/12 at 9:34 p.m.," the reporter is producing the actual words the aide wrote. Now ABC News is claiming that that is not the case.

Thomas Bishop: Fox vs. Fox: O'Reilly Pours Cold Water On "Gross Speculation" About Obama Link To IRS Controversy

Tue, 05/14/2013 - 02:51

Fox News host Bill O'Reilly is admonishing conservatives -- many of whom have appeared on the channel for which he works -- for baselessly tying President Obama to allegations that the Internal Revenue Service targeted conservative groups for extra scrutiny in their efforts to obtain nonprofit tax status.

During a May 13 joint press conference with British Prime Minister David Cameron, Obama addressed a question about the IRS controversy, calling the behavior "outrageous" if true and added that "there's no place for it. And they have to be held fully accountable."

On the May 14 edition of America Live, O'Reilly pushed back against efforts by conservatives to directly tie Obama to the IRS controversy. O'Reilly told co-host Martha MacCallum he does not believe Obama explicitly told the IRS to target conservative groups "because that's insane." O'Reilly added: "But you can't connect it to him without gross speculation. ... Conservative commentators provide cover for Obama when they go further than the facts take them, when they speculate."

Lara Schwartz: NRO Falsely Attributes Gosnell's Crimes To An Increasingly Anti-Choice Court

Tue, 05/14/2013 - 00:26

The National Review Online falsely attributed convicted murderer Kermit Gosnell's illegal practices to judges who have "declared every abortion sacrosanct."

This assertion from a May 13 editorial, "Gosnell is Not an Aberration," flies in the face of a mounting pile of judicial decisions upholding restrictions on abortion and Roe v. Wade's explicit holding that the right to reproductive choice is not unqualified.

NRO identifies judges as "enablers" of Gosnell's illegal practices, stating: 

Gosnell had thousands of enablers: every judge and justice who has declared every abortion sacrosanct, every politician who has blocked meaningful regulation and oversight of the practice, and every intellectual who has furthered the notion that what resides in a woman's womb is nothing more than a meaningless clump of cells.

[...]

The Supreme Court in theory allows for the protection of infants who have reached the stage of viability, but in practice the Court has made enforcement of such laws all but impossible, which is why prosecutions of late-term abortions are exceedingly rare, even in states such as Pennsylvania, where the practice is nominally illegal.

The Supreme Court's decisions do not support this.  Notably, although the Court in Planned Parenthood of Southeastern PA v. Casey, concluded that "the essential holding of Roe v. Wade should be retained and once again reaffirmed," the Court also upheld four provisions of a Pennsylvania statute that sharply restricted access to abortion--striking down only a provision requiring a woman to provide a signed statement that she had notified her spouse of her intent to seek an abortion.

Writing for a plurality of the Court, Justice Sandra Day O'Connor explicitly defined Roe's holding to include limitations on the right to terminate a pregnancy:

First is a recognition of the right of the woman to choose to have an abortion before viability and to obtain it without undue interference from the State. Before viability, the State's interests are not strong enough to support a prohibition of abortion or the imposition of a substantial obstacle to the woman's effective right to elect the procedure. Second is a confirmation of the State's power to restrict abortions after fetal viability, if the law contains exceptions for pregnancies which endanger a woman's life or health. And third is the principle that the State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child. These principles do not contradict one another; and we adhere to each.

In keeping with these three interests, the plurality upheld an informed consent provision, pre-procedure counseling requirements, a 24-hour waiting period, and a parental consent requirement for minors. These restrictions remain on the books today, a fact that NRO recognized:  "The state of Pennsylvania disallows most abortions after the 24th week of pregnancy, meaning that practically all of Gosnell's late-term abortions were crimes."

Not only did the Casey court uphold significant restrictions, it did so by a bare plurality. As Justice Harry Blackmun noted in a separate opinion, Roe hung by a thread:

Three years ago, in Webster v. Reproductive Health Serv., 492 U.S. 490 (1989), four Members of this Court appeared poised to "cas[t] into darkness the hopes and visions of every woman in this country" who had come to believe that the Constitution guaranteed her the right to reproductive choice. Id., at 557 (Blackmun, J., dissenting). See id., at 499 (opinion of Rehnquist, C.J.); id., at 532 (opinion of Scalia, J.). All that remained between the promise of Roe and the darkness of the plurality was a single, flickering flame. Decisions since Webster gave little reason to hope that this flame would cast much light. See, e. g., Ohio v. Akron Center for Reproductive Health, 497 U.S. 502, 524 (1990) (opinion of Blackmun, J.). But now, just when somany expected the darkness to fall, the flame has grown bright.

I do not underestimate the significance of today's joint opinion. Yet I remain steadfast in my belief that the right to reproductive choice is entitled to the full protection afforded by this Court before Webster. And I fear for the darkness as four Justices anxiously await the single vote necessary to extinguish the light.

Justice Blackmun's prediction that the Court's composition could affect the right to choose proved prophetic.  In its 2000 opinion in Stenberg v. Carthartthe Court reaffirmed the right to terminate a pregnancy when necessary to preserve a woman's health and thus struck down Nebraska's limitation on so-called "partial birth abortions." 

However, only six years later in Gonzalez v.Carhart, the Court upheld a similar federal ban.  As Justice Ruth Bader Ginsburg noted in her dissenting opinion, "for the first time since Roe, the Court blesses a prohibition with no exception safeguarding a woman's health."  She observed that the decision was in direct conflict with its prior precedent, and identified the Court's composition as the reason for that departure:

Though today's opinion does not go so far as to discard Roe or Casey, the Court, differently composed than it was when we last considered a restrictive abortion regulation, is hardly faithful to our earlier invocations of "the rule of law" and the "principles of stare decisis." Congress imposed a ban despite our clear prior holdings that the State cannot proscribe an abortion procedure when its use is necessary to protect a woman's health. See supra, at 7, n. 4. Although Congress' findings could not withstand the crucible of trial, the Court defers to the legislative override of our Constitution-based rulings. See supra, at 7-9. A decision so at odds with our jurisprudence should not have staying power.

Nonetheless, NRO mischaracterizes the Court's decisions, which have increasingly limited Roe's reach:

Thanks to the misguided social entrepreneurship of the Supreme Court, abortion is protected as a constitutional absolute, and late-term abortions, grisly as they are, enjoy substantial protection as well.

Matt Gertz: Four Media Reports From Libya That Linked The Benghazi Attacks To The Anti-Islam Video

Mon, 05/13/2013 - 23:59

For months, the Obama administration has been subject to media criticism for its initial statements linking the September attacks in Benghazi, Libya, to an anti-Islam video that had triggered protests across the Middle East at that time. President Obama has been accused of attempting to deliberately deceive the public in order to benefit his reelection campaign. But several media reports, filed from Libya in September and October and citing the statements of witnesses, show that at the time there was a reasonable case that the video played a role in the events of that day.

Much of the media's criticism has been based on a false premise. They claim that rather than accurately identify the attacks as terrorism, the administration chose to attribute them to the film. But in addition to ignoring the fact that President Obama referred to the attacks as an "act of terror" at least twice in the days after September 11, this line of logic is a false dichotomy: it ignores the possibility that the attackers may have been terrorists, but their reason for engaging in that particular act of terror was because they were enraged by the film.

That is the conclusion that the CIA's Office of Terrorism Analysis came to in the initial draft of the much-ballyhooed talking points on the attack: They reported that the attacks had been "spontaneously inspired by the protests at the U.S. Embassy in Cairo" -- protests triggered by the video -- and committed by "Islamic militants with ties to al Qa'ida." The latter point was removed from later drafts in order to avoid interfering with the ongoing investigation into the perpetrators, but every version of the talking points stated that the attacks had been "inspired by the protests," and thus the video. In fact, CIA director David Petraeus criticized the final version of the talking points for not doing enough to link the attacks to the protests.

By definition, terrorism aims to further a political agenda. That means that terrorists have stated grievances, however horribly flawed those may be. Until the perpetrators of the Benghazi attack are captured, it is impossible to say for certain what their motivations were for engaging in those terrorist acts. But a review of reporting from Benghazi shows that the administration's comments suggesting that the video provided a motivation were not far-fetched.

It's no surprise that in the immediate aftermath of the conflict, reporting was often confused and contradictory. Some of the stories below state that there was a protest outside the diplomatic facility before the attack began, while others say that there was not (the State Department's review of the attacks concluded that there had been no protest).

But all four accounts provide on-the-scene reporting finding that residents of Benghazi - in some cases witnesses to the attacks citing the claims of the attackers themselves -- linked them to the anti-Islam video.

New York Times:  "Libyans Who Witnessed the Assault And Know The Attackers" Say They Cited The Video. On October 16, in a story featuring Suliman Ali Zway's contributed reporting from Benghazi, Libya, the Times reported that according to "Libyans who witnessed the assault and know the attackers," the perpetrators had cited their anger at the video as the reason for their actions:

To Libyans who witnessed the assault and know the attackers, there is little doubt what occurred: a well-known group of local Islamist militants struck without any warning or protest, and they did it in retaliation for the video. That is what the fighters said at the time, speaking emotionally of their anger at the video without mentioning Al Qaeda, Osama bin Laden or the terrorist strikes of 11 years earlier. And it is an explanation that tracks with their history as a local militant group determined to protect Libya from Western influence.

''It was the Ansar al-Shariah people,'' said Mohamed Bishari, a 20-year-old neighbor who watched the assault and described the brigade he saw leading the attack. ''There was no protest or anything of that sort.''

United States intelligence agencies have reserved final judgment pending a full investigation, leaving open the possibility that anger at the video might have provided an opportunity for militants who already harbored anti-American feelings. But so far the intelligence assessments appear to square largely with local accounts. Whether the attackers are labeled ''Al Qaeda cells'' or ''aligned with Al Qaeda,'' as Republicans have suggested, depends on whether that label can be used as a generic term for a broad spectrum of Islamist militants, encompassing groups like Ansar al-Shariah whose goals were primarily local, as well as those who aspire to join a broader jihad against the West.

Albert Kleine: While Economy Posts Surplus, Media Still Call For Deficit Reduction

Mon, 05/13/2013 - 23:37

Economic media coverage has been heavily focused on advocating for deficit reduction, even as deficits decline and the federal government posts a surplus.

A Media Matters analysis on economic news coverage in the month of April found that media

Calls for deficit reduction beat out mentions of other economic issues, most notably the need for economic growth and job creation, and economic inequality.

The continued focus on deficit reduction is particularly interesting given the fact that, in the month of April, the federal government posted the largest budget surplus in five years. Furthermore, according to the Congressional Budget Office, current and projected deficits are expected to decline in coming years.  

Even conservatives have recently acknowledged that deficit reduction is not the country's most pressing economic issue. House Speaker John Boehner (R-OH) and House Budget Committee Chairman Paul Ryan (R-WI), agreeing with President Obama, stated that the country is not facing an immediate debt crisis, a notion shared by prominent Democrats.  And John Makin, a scholar at the conservative American Enterprise Institute, remarked that Congress has already enacted enough deficit reduction.

Meanwhile, economists have expressed concerns over media's focus on deficits, instead calling attention to resolving the very real immediate crisis of unemployment. Economist Jared Bernstein recently began a series on the path to full employment, and numerous other economists have advocated increased short-term spending to bolster economic growth and job creation.

Furthermore, former Labor Secretary Robert Reich has even pointed out that focusing on jobs and growth -- not spending cuts -- provides an effective avenue for deficit reduction.

Eric Hananoki: CNN: Media Outlets Misrepresented White House Benghazi Email

Mon, 05/13/2013 - 23:28

CNN is challenging the accuracy of reporting on a supposed email from a White House aide that seemed to suggest an effort to provide political cover for the administration following the September attacks in Benghazi, Libya. The new revelations regarding the email comes after the allegedly flawed reporting has spread through the media.

CNN host Jake Tapper reported today that a newly obtained email from White House aide Ben Rhodes about Benghazi "differs from how sources inaccurately quoted and paraphrased it in previous accounts to different media organizations." Tapper writes that the email shows that someone provided outlets like ABC News and The Weekly Standard with "inaccurate information" to make it appear that the White House was "more interested in the State Department's desire to remove mentions of specific terrorist groups and warnings about these groups so as to not bring criticism to the State Department than Rhodes' email actually stated."

From Tapper's report:

In the email sent on Friday, September 14, 2012, at 9:34 p.m., obtained by CNN from a U.S. government source, Rhodes wrote:

"All -

"Sorry to be late to this discussion. We need to resolve this in a way that respects all of the relevant equities, particularly the investigation.

"There is a ton of wrong information getting out into the public domain from Congress and people who are not particularly informed. Insofar as we have firmed up assessments that don't compromise intel or the investigation, we need to have the capability to correct the record, as there are significant policy and messaging ramifications that would flow from a hardened mis-impression.

"We can take this up tomorrow morning at deputies."

You can read the email HERE.

ABC News reported that Rhodes wrote: "We must make sure that the talking points reflect all agency equities, including those of the State Department, and we don't want to undermine the FBI investigation. We thus will work through the talking points tomorrow morning at the Deputies Committee meeting." The Weekly Standard reported that Rhodes "responded to the group, explaining that Nuland had raised valid concerns and advising that the issues would be resolved at a meeting of the National Security Council's Deputies Committee the following morning."

Whoever provided those quotes seemingly invented the notion that Rhodes wanted the concerns of the State Department specifically addressed. While Nuland, particularly, had expressed a desire to remove mentions of specific terrorist groups and CIA warnings about the increasingly dangerous assignment, Rhodes put no emphasis at all in his email on the State Department's concerns.

The allegedly inaccurate characterizations of the Rhodes email by ABC News and The Weekly Standard were repeated in numerous media outlets, and a Republican research document.  

Media Matters staff: Pat Buchanan Agrees That Hispanic Immigrants Exhibit "Underclass Behavior"

Mon, 05/13/2013 - 22:10

In his May 14 syndicated column, Pat Buchanan wrote that former Heritage Foundation researcher Jason Richwine "scandalized the Potomac priesthood" with his doctoral dissertation arguing that Hispanic immigrants may never "reach IQ parity with whites." Buchanan then bolstered Richwine's work by citing examples of what he called "underclass behavior" by Hispanics:

The 2009 Programme for International Student Assessment, PISA, which measures the academic ability of 15-year-olds worldwide, found the U.S.A. falling to 17th in reading, 23rd in science, 31st in math.

Yet, Spain aside, not one Hispanic nation, from which a plurality of our immigrants come, was among the top 40 in reading, science or math.

But these folks are going to come here and make us No. 1 again?

Is there greater "underclass behavior" among Hispanics?

The crime rate among Hispanics is about three times that of white Americans, while the Asian crime rate is about a third that of whites.

Among white folks, the recent illegitimacy rate was 28 percent; among Hispanics, 53 percent. According to one study a few years back, Hispanics were 19 times as likely as whites to join gangs.

[...]

If our huge bloc of Hispanics, already America's largest minority at 53 million, is fed by constant new immigration, but fails for a couple of generations to reach the middle-class status that Irish, Germans, Jews, Italians and Poles attained after two generations, what becomes of our "indivisible" nation?

Rather than face this question, better to purge and silence the Harvard extremist who dared to raise it.

As Media Matters senior adviser Ari Rabin-Havt explained, Buchanan and Richwine represent an ideology that remains perfectly acceptable inside the conservative movement and the right-wing media.

Timothy Johnson: Ted Nugent Proposes Treating Undocumented Immigrants "Like Indentured Servants"

Mon, 05/13/2013 - 09:54

National Rifle Association board member Ted Nugent detailed a plan for immigration reform which calls for treating undocumented immigrants like "indentured servants" and requiring undocumented male immigrants to build a fence on the United States-Mexico border.

In his regular column for WND, Nugent proposed his "Nuge Immigration Plan" because "[w]e don't need any more bloodsuckers" and promised to "apply Sherriff Joe Arpaio justice" to anyone who has been deported for committing a crime and caught trying to re-enter the country. The plan would also end birthright citizenship currently guaranteed by the Fourteenth Amendment. According to Nugent, "The anchor baby scam should be immediately rescinded. You don't need to be a constitutional expert like our president to know that the original intent of the 14th Amendment was not to provide citizenship to illegal women or their babies who are born on American soil."

The "NIP" would also involve ending the United States government practice of printing some documents in Spanish and other languages, which Nugent calls "the most racist thing our government does" by "encouraging people not to learn English."

Matt Gertz: Why Petraeus Didn't Like The Benghazi Talking Points

Mon, 05/13/2013 - 09:02

ABC News Chief White House Correspondent Jonathan Karl is helping to promote a dishonest narrative regarding why then-CIA director Gen. David Petraeus expressed disapproval for a set of talking points written in response to the September attacks on diplomatic facilities in Benghazi, Libya.

Karl's reporting on the issue has ignored the central reason Petraeus said that he didn't like the talking points: he thought they didn't do enough to connect the attacks to demonstrations in Cairo that were triggered by an anti-Islam video. Since right-wing media and Republicans in Congress have spent months accusing the Obama administration of politically-motivated lying for stating that there was a link between the attacks and the video, this point is crucial.

According to CBS News, in a September 15 email, Petraeus wrote that "he doesn't like the talking points and he would 'just assume they not use them... This is not what [Rep.] Ruppersberger asked for. We couldn't even mention the Cairo warning. But it's their call.'" 

The "Cairo warning" Petraeus mentioned appears to refer to the following sentence that CBS News reported was added to the original talking points but subsequently removed:

On 10 September we warned of social media reports calling for a demonstration in front of the Embassy [in Cairo] and that jihadists were threatening to break into the Embassy."

As has been extensively reported, the September demonstrations in Cairo, Egypt, were part of a series of global riots and protests in Muslim countries that came in response to increasing awareness of the anti-Islam video. In the days and weeks following the attack, President Obama both referred to the attacks as an "act of terror" and offered criticism of that video for "spark[ing] outrage through the Muslim world."

It was not unreasonable for Petraeus and Obama to cite a link between the attacks and the video - according to the New York Times, the Benghazi attackers told bystanders that "that they were attacking the compound because they were angry about the video." In fact, the original set of talking points prepared by the CIA's Office of Terrorism Analysis stated that the attacks "were spontaneously inspired by the protests at the U.S. Embassy in Cairo."

But in reporting on the same Petraeus email, Karl has left out Petraeus' stated reason for disliking the talking points and in one case allowed his interviewer to suggest that Petraeus actually opposed linking the attacks to the video.

Jeremy Holden: Right-Wing Benghazi Witch Hunt Sets Sights On Pickering, Mullen

Mon, 05/13/2013 - 08:32

The right-wing's Benghazi witch hunt is turning its attention to Thomas Pickering, a career diplomat, and retired Adm. Mike Mullen, in a campaign to discredit their non-partisan report on the Benghazi attacks and push for a permanent, partisan investigation -- an investigation Republicans are actively using to raise money and campaign against Democrats.

Pickering and Mullen led the State Department Accountability Review Board, which in December issued its findings as to what went wrong in Benghazi, Libya, surrounding the September 11, 2012, attacks on a diplomatic facility that led to the deaths of four Americans. The Wall Street Journal reported in a May 12 article that Pickering and Mullen would be the next targets of the right-wing campaign to politicize those attacks:

House Republicans on Monday plan to take another step in a widening Benghazi investigation, by asking leaders of an independent review board to agree to be questioned about their investigation of last year's attacks in Libya.

The formal request, to be submitted in letters on Monday, comes as GOP lawmakers move to discredit the investigation by the Accountability Review Board, a panel appointed under federal law last year by then-Secretary of State Hillary Clinton to size up the adequacy of U.S. security measures and preparations at the diplomatic mission that was overrun in the Sept. 11, 2012, terrorist assault.

This move to discredit the Accountability Review Board and push for a permanent investigation comes after Victoria Toensing, a Republican lawyer who represented a "whistleblower" who on May 8 testified for the third time about the attacks, penned a Weekly Standard blog post challenging Pickering and Mullen's report:

The White House has touted the Accountability Review Board (ARB) investigation of the Benghazi massacre as a review "led by two men of unimpeachable expertise and credibility that oversaw a process that was rigorous and unsparing." In fact, the report was purposefully incomplete and willfully misleading. 

The two men in charge of the ARB, Ambassador Thomas Pickering and Admiral Michael Mullen, a diplomat and military man respectively, have no meaningful investigative experience. Instead of letting the facts lead the direction of the investigation, the report appears designed to protect the interests of Hillary Clinton, the State Department higher ups, and the president. 

But Toensing's criticism, the foundation of the attacks on the ARB, itself is incomplete and misleading.

According to Toensing, a fatal flaw in Pickering and Mullen's investigation was their failure to interview then-Secretary of State Hillary Clinton. Pickering addressed that decision during a May 12 appearance on Meet the Press, saying that he did speak with Clinton and that the conversation was "more than sufficient for the preponderance of evidence that we had collected to make our decisions."

Toensing also built her call for further investigation on the discredited claim that the State Department's counterterrorism bureau was cut out of the decision-making process while the attacks were underway:

Mark Thompson, my husband's client, testified that he asked twice to be interviewed by the ARB and was not.  Mr. Thompson was the deputy assistant secretary in charge of coordinating the deployment of a multi-agency team for hostage taking and terrorism attacks.  Yet, he was excluded from all decisions, communications, and meetings on September 11 and 12, 2012. Why? 

But during his May 8 Congressional testimony, Thompson, an assistant secretary of state for counterterrorism, acknowledged that the counterterrorism bureau was involved. That acknowledgement supports an earlier statement from the head of the State Department's Counterterrorism Bureau, who said: "at no time was the Bureau sidelined or otherwise kept from carrying out its tasks."

At this point, the indictment of Pickering and Mullen amounts to little more than criticizing the length of their conversations with Clinton and manufactured outrage over how far down the chain-of-command a meeting invite went.

These and other already answered questions are the basis of the right's continued push for yet another hearing. As the Wall Street Journal reported:

Interest in the Benghazi attacks was rekindled by a hearing last week in which the former No. 2 U.S. diplomat in Tripoli, Libya, testified about his experiences the night of the attacks. The diplomat, Gregory Hicks, testified as a whistleblower, criticizing administration statements in the first days after the attack that it had grown out of a demonstration.

As a result of Mr. Hicks's testimony, Republican lawmakers said Sunday that additional whistleblowers are likely to emerge. They also are pushing for the appointment of a special select committee to probe the attacks, bringing together investigations now under way at five different GOP-controlled panels.

Sen. John McCain (R., Ariz.) has called the administration's response to Benghazi--including inaccurate "talking points" used as the basis for early public statements--a "coverup" and endorsed the idea of a select committee, as did Sen. James Inhofe (R., Okla.). Mr. Inhofe predicted last week that the Benghazi investigation would lead to an impeachment debate.

A hint as to why the right continues to ask questions that have already been answered came May 10 with the revelation that Republicans were using the endless Benghazi investigations to raise money. Benghazi is more than just a fundraising opportunity for the right. It's also, and perhaps more importantly, an early attack on Hillary Clinton in advance of the 2016 election cycle, a fact driven home by conservative ads pivoting off Benghazi and by Fox News' graphics team: