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Librarian Tells a Patriot Act Story

Posted on June 30, 2010 by Benny Hollywood| Leave a comment

Besides the Shakespeariana and Elizabethan maritime rarities on display, the highlight of the evening was the story former ALA President Carol Brey-Casiano told—for the first time in its entirety, she said—about an experience she described as the worst in her professional career. It involved a Texas Ranger, a lawyer named Paco, the Patriot Act, and the Merritt Fund. Shortly after the September 11 attacks in 2001, two men came into the El Paso (Tex.) Public Library where Brey-Casiano was (and still is) director. One man, wearing a white cowboy hat and a huge belt buckle, identified himself as a Texas Ranger. He told her a threat had been sent recently from one of the library computers and demanded to see the sign-up sheets. Brey-Casiano replied that she could not release patron records without a court order and that, in any case, the sign-up sheets were shredded every night. The ranger’s sidekick began citing the USA Patriot Act as authority, but she reminded him that it was a federal law, which cannot be invoked by a state law enforcement official. The two men left, but the next morning a court order arrived asking for specific sign-up sheets—ones that could not be handed over because they had already been shredded. The following Monday, Brey-Casiano got a call from the mayor of El Paso, who accused her of withholding information (a felony in Texas) and told her he was putting her on administrative leave. Knowing her rights, she insisted she had done nothing wrong and followed proper legal procedures. The mayor admitted it was out of his hands, since the Texas Ranger had filed the complaint. He agreed to let her stay on the job as long as she told no one about the situation—effectively a gag order—during the course of an official investigation of her actions. She immediately called the ALA Office for Intellectual Freedom, which advised her to find a lawyer quickly. OIF Director Judith Krug told her she should apply for assistance from the Merritt Fund. She applied and received a grant of $1,000, which helped her pay for her lawyer, an El Paso attorney named Francisco “Paco” Dom

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Kagan Hearings, Day 1: Evening Newscasts Downplay; NBC Offers Just 24 Seconds

Posted on June 29, 2010 by Benny Hollywood| Leave a comment

All three network evening newscasts on Monday downplayed the start of Supreme Court nominee Elena Kagan’s confirmation hearings, with NBC Nightly News squeezing in just 24 seconds for Kagan at the tail end of a story about the Supreme Court’s ruling in favor the 2nd Amendment. For their part, CBS and ABC offered full stories outlining Kagan’s first day before the Judiciary committee after packages devoted to the gun rights’ ruling. Only CBS’s Jan Crawford suggested the hearings were more than a ritual leading to Kagan’s inevitable confirmation: “When President Obama nominated her in May, her confirmation was considered a sure bet. But Republicans are emboldened by what they see as a weakened president and sense that support for Kagan in the country has dropped.” Both Crawford and ABC correspondent Jonathan Karl included Republican criticisms of Kagan’s lack of experience and the hostility to the military she displayed at the Harvard Law School. As for NBC, they mentioned none of those issues, and only included a brief soundbite of Kagan promising to be “impartial.” Here’s the entirety of NBC’s brief discussion of Monday’s hearing: PETE WILLIAMS: This was the last day on the bench for John Paul Stevens after 34 1/2 years. He told the court, “If I’ve overstayed my welcome it’s because this is such a unique and wonderful job.” In tribute, many in the courtroom wore bowties, his neck wear of choice. And across the street the Senate began confirmation hearings for Elena Kagan, nominated to replace him. ELENA KAGAN: I will do my best to consider every case impartially, modestly, with commitment to principle and in accordance with law. PETE WILLIAMS: And the senators begin asking their questions tomorrow. Brian: BRIAN WILLIAMS: Pete Williams with all the news from the Supreme Court in Washington tonight. Pete, thanks. Compare and contrast that with ABC’s World News (transcribed by MRC intern Rachel Burnett) and the CBS Evening News (anchored by Harry Smith from the Gulf Coast): # ABC World News: DIANE SAWYER, after discussion of Steven’s last day on the bench: And, speaking of Justice Stevens, that other drama playing out nearby was the new nominee for the court, Elena Kagan. Walking into the arena to be questioned about her qualifications to replace him, qualifications of the job, and John Karl is on Capitol Hill tonight. Jon? JON KARL: Diane, right from the start, it was crystal clear that Kagan faces a Senate deeply divided over her nomination, with Democrats overwhelmingly supporting her and Republicans, for the most part, on the attack. After weeks of the silence imposed on all Supreme Court nominees, Elena Kagan at last had a chance to speak, promising that if confirmed – ELENA KAGAN: I will work hard, and I will do my best to consider every case impartially. KARL: Kagan once criticized past nominees for turning hearings into ‘a vapid and hollow charade’ by refusing to say anything specific. But now, as the nominee, she stuck to generalities. KAGAN: The court must also recognize the limits on itself and respect the choices made by the American people. KARL: Kagan had to sit through more than three hours of opening statements, trying to keep a poker face. But it didn’t work. Just watch her expression as Republicans call her a political partisan, or when Democrats praise her real-world experience. SENATOR CHARLES SCHUMER: She is the right person at the right time. KARL: The top Republican on the committee suggested she is unqualified. SENATOR SESSIONS: Miss Kagan has less real legal experience of any nominee in at least 50 years. KARL: And condemned her decision as Dean of Harvard Law school to ban the military from the campus career office. SESSIONS: Her actions punished the military and demeaned our soldiers as they were courageously fighting for our country in two wars overseas. KARL: But Republican Lindsey Graham said he believes Kagan is qualified and offered her some advice: SENATOR GRAHAM: Good luck. Be as candid as possible. And it’s okay to disagree with us up here. KARL: There will be some fireworks tomorrow as the Senators get a chance to question Kagan. But Democrats are even more confident she will be confirmed than they were with the Sotomayor nomination last year, and that she may actually get fewer votes, Diane, because all but a handful of Republicans are already poised to oppose her nomination. # CBS Evening News: HARRY SMITH: It didn’t take long for today’s gun decision to come up at Elena Kagan’s confirmation hearing in the Senate. She’s been nominated to succeed Justice John Paul Stevens on the Supreme Court. Let’s go back now to Jan Crawford. Jan? JAN CRAWFORD: Harry, Elena Kagan has spent the past two months getting ready for these hearings, but it was just a matter of minutes before the ranking Republican brought up today’s gun ruling. SEN. JEFF SESSIONS (R-AL): The personal right of every American to own a gun hangs by a single vote. CRAWFORD: Elena Kagan sat stoically while Sessions and other Republicans began describing her as a liberal activist. But after hours of opening statements, she was sworn in – ELENA KAGAN: I do. CRAWFORD: – and finally answered back. KAGAN: I will do by best to consider every case impartially, modestly, with commitment to principle and in accordance with law. CRAWFORD: When President Obama nominated her in May, her confirmation was considered a sure bet. But Republicans are emboldened by what they see as a weakened president and sense that support for Kagan in the country has dropped. Today, they outlined their attack. They seized on her lack of judicial and courtroom experience. SESSIONS: Miss Kagan has less real legal experience of any nominee in at least 50 years. CRAWFORD: And her decision while Dean at Harvard Law School to limit military recruiting because of the Pentagon’s “Don’t Ask/Don’t Tell” policy. SENATOR JON KYL (R-AZ): A surprising number of things in her relatively thin body of work do raise substantive concerns. CRAWFORD: The battle lines drawn, Democrats painted a starkly different picture. They praised Kagan’s intellect and took shots at the conservative Roberts’ court. SENATOR SHELDON WHITEHOUSE (D-RI): Things are looking good for your confirmation. CRAWFORD: The Republican worry is that Kagan could serve a generation on a court that often divides 5-4 on key social issues. Harry? SMITH: Jan Crawford, thanks for all your help tonight.

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Kagan Hearings, Day 1: Evening Newscasts Downplay; NBC Offers Just 24 Seconds

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Salon’s Walsh Jumps the Shark — Calls GOP Senators Bigots for Invoking Manhattan’s Upper West Side

Posted on June 29, 2010 by Benny Hollywood| Leave a comment

Did you know that calling attention to an area where a Supreme Court justice nominee is from, which happens to be a well-known bastion of liberalism, is bigoted ?  If you didn’t, you want to take a look at the wisdom of Salon.com’s Joan Walsh. In her June 28 post “It’s not even coded bigotry anymore,” Walsh argued that references to SCOTUS nominee Elena Kagan’s Upper West Side of Manhattan roots are bigoted -since the neighborhood has Jewish features, references to it are anti-Semitic and as she puts it, “not even coded.” “That said, Republicans on the Senate Judicial Committee are trying to make the case she’s outside the mainstream of American jurisprudence, by attacking her clerking for (and admiring) legal giant Thurgood Marshall, the first African American Supreme Court justice, while singling her out as a denizen of ‘Manhattan’s Upper West Side’ – you know, the neighborhood known for Zabar’s and bagels and, well, Jews,” Walsh wrote. Walsh wasn’t clear about what she thinks these Senate Republicans are trying to accomplish. Conventional wisdom suggests Kagan will be easily confirmed, but pointing out the neighborhood she is from, with documented evidence of having an ideological liberal leaning , is going to accomplish what? She also took a stab at ranking Senate Judiciary Committee Republican Sen. Jeff Sessions, with her own efforts to be coded – by invoking his middle name, “Beauregard.” (Remember when liberals hemmed and hawed over using President Barack Obama’s middle name, “Hussein,” as if that were a coded effort to suggest he was Muslim ?) Her beef with Sessions was that he voiced his disapproval of judicial activism. “Sen. Jefferson Beauregard Sessions of Alabama, who wasn’t crazy about Sonia Sotomayor, you’ll recall, denounced Kagan having ‘associated herself with well-known activist judges who have used their power to redefine the meaning of our constitution and have the result of advancing that judge’s preferred social policies,’ and he cited Marshall, the NAACP Legal Defense Fund leader who argued Brown vs. Board of Education,” Walsh wrote. Therefore with that evidence, Walsh declared any GOP senator that opposes Kagan a bigot. “So there you have it. Unable to find any personal statements by Kagan they can use to prove she’s beyond the pale, so to speak – no ‘wise Latina’ moments on her transcripts – they deride her for coming from the Upper West Side, and admiring one of the heroes of American justice, who happens to be black,” Walsh wrote. “Stay tuned for more not-so-coded bigotry from the GOP.”

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Salon’s Walsh Jumps the Shark — Calls GOP Senators Bigots for Invoking Manhattan’s Upper West Side

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Jon Stewart Asks David Axelrod: Has This Government Proven Itself Competent Enough To Regulate Industry?

Posted on June 28, 2010 by Benny Hollywood| Leave a comment

Jon Stewart on Monday asked David Axelrod a truly extraordinary question: has this government proven itself competent enough to regulate industry? Speaking to President Obama’s senior advisor on “The Daily Show,” the Comedy Central star was in the middle of a rather interesting discussion when he surprisingly said, “It’s clear that this administration believes that government can have a stronger hand in regulating Wall Street, in regulating energy, in doing these things.” “But, has government during this time proved itself competent? And are our only two choices sort of an incompetent bureaucracy that doesn’t quite regulate properly or free market anarchy?” he asked. When Axelrod predictably tried to blame all the problems in the country on the previous administration’s supposed lack of regulation and oversight, Stewart wasn’t having any of it (video follows with transcript and commentary):  JON STEWART, HOST: It’s clear that this administration believes that government can have a stronger hand in regulating Wall Street, in regulating energy, in doing these things. But, has government during this time proved itself competent? And are our only two choices sort of an incompetent bureaucracy that doesn’t quite regulate properly or free market anarchy? Before you can make the case that this administration and government can effectively regulate shouldn’t they, you know, the MMS case makes a pretty clear point that the regulatory system is somewhat broken, and you guys had a chance to… DAVID AXELROD, SENIOR OBAMA ADVISOR: The answer Jon is not to abandon the notion that there have to be rules and oversight. The answer is to make it, to make it work better. There’s a long legacy there at MMS, and frankly at other agencies of government because the last administration wasn’t really interested in regulating. STEWART: But why then, why not then go in and really, with the urgency? You know, the fear is the government is not agile enough, is not urgent enough to deal with things like a catastrophic oil spill. AXELROD: There is, there is no doubt that in retrospect we would have liked to move faster on the MMS situation, but understand that we were also dealing with the economic crisis, and, and, and, and, and the wars, and a whole range of issues, and we, that was, that was a defect that we’re correcting and moving aggressively to correct now. But the answer isn’t to walk away from it. I think we tested the proposition of what no regulation means. What you get, you get the leak, you get the mine disaster in West Virginia, and you get an economic crisis. And everybody recognizes that government has to play a role. It shouldn’t be an oppressive role, but there has to be some firm oversight and some rules of people respond to. These, you know, it’s pretty clear the oil industry is not going to regulate itself. STEWART: But do you think, I guess my point is before you have the opportunity, before you can earn the ability to go in and, and, and do that, don’t, don’t we have to show a certain baseline level of competence. Wait until you hear what Axelrod used as an example of the Obama administration’s competence:  AXELROD: Yeah, well I mean, I would argue that we have shown a baseline level of competence. The thing is that when you show a level of competence, it doesn’t become a story. It only becomes a story when there are problems. Take the H1N1 flu for example. We jumped on that quickly. Some people criticized us for being too aggressive on it, but I think we averted a larger public health disaster. Yeah, they sure did a GREAT job with that swine flu scaring the heck out of people over what turned out to be nothing just like in the 70s. If that’s what this White House considers competence, we’re REALLY in trouble. As for Stewart, that’s one heckuva good job by a comedian. Makes the clowns at MSNBC look like the real jokers, doesn’t it?  What really made this so marvelous is that he went in a direction most journalists today would eschew at all costs. Consider that today’s liberal media members view industry as the enemy that needs to be vigorously constrained by government, but they never ask if government is competent enough to do it.  Obviously this oil spill has to raise some uncertainty in this regard, and Stewart marvelously challenged a senior administration official to explain why this White House is up to the task.   On the other hand, he better be careful with this line of questioning or he just might get thrown off the liberal reservation as Keith Olbermann recently was when he dared criticize Obama.  Maybe that would be a good thing for Stewart who then would really be free to ask the questions of this administration most so-called journalists won’t. A man can dream, can’t he? 

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Jon Stewart Asks David Axelrod: Has This Government Proven Itself Competent Enough To Regulate Industry?

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Matthews: Republicans Putting Pins in Kagan Like She’s a Voodoo Doll

Posted on June 28, 2010 by Benny Hollywood| Leave a comment

From the morning to the evening Chris Matthews, during MSNBC’s coverage of Elena Kagan’s hearing on Monday, berated what he saw as GOP mistreatment of Barack Obama’s Supreme Court nominee, calling their performance at times, a “brutal assault” and even evoking strange imagery of Kagan having pins stuck in her by Republicans. Early in the day the MSNBC host complained that Republican Senator Jeff Sessions engaged in “a brutal assault on this nomination” by calling her “pro-terrorist” and “anti-military.” Matthews also claimed today’s hearing reminded him of how Anita Hill was treated by Republicans during Clarence Thomas’ hearings as he asked Democratic Senator Dick Durbin: Some Republicans paid a heavy price for being tough with Anita Hill when she came to testify in the Clarence Thomas hearings. Have we gotten past that era of sensitivity about a bunch of guys going after a single woman here just bashing her?…Can these guys like Jeff Sessions just go at her like this without any fear of rebuke? Then finally, in the evening, on Hardball, Matthews charged the GOP had turned Kagan “into a voodoo doll , and they keep putting pins in her, as a way of getting at President Obama.” The following exchanges are from live MSNBC coverage (as transcribed by MRC intern Matthew Hadro) of the Kagan hearings and the June 28 edition of Hardball: CHRIS MATTHEWS: Andrea Mitchell, I’ve got to get your reaction. Very tough opening statement by Jeff Sessions. ANDREA MITCHELL: Well, he has laid the Republican line against her. And it was tough, and he is the ranking Republican. He said earlier today that he would not even rule out a filibuster, which has not happened, as Ron Brownstein pointed out earlier, when the same party controlled the Senate in a Supreme Court case. This is a very tough, particularly on the issue of the military, on the terror law. He went through all the top talking points from the Republicans. And she’s going to have a tough time defending that. MATTHEWS: …she’s anti-military, pro-terrorist, pro-illegal immigrant, and a socialist. It’s pretty tough. And by the way, I’ll go back to it – infelicitous reference – but she is being used as Barack Obama… EUGENE ROBINSON, WASHINGTON POST: This is throwing stuff against the wall, seeing- (Crosstalk) ROBINSON: -trying to create an atmosphere and an image that goes beyond her that also envelops the President and the whole administration. He’s trying to say this is an elite, Ivy League, out-of-touch- MATTHEWS: Well, it’s a strong cultural shot at her, and she does represent, if you will, academic excellence of the highest degree, coming from the best schools, dean of Harvard Law, it’s hard to get above that, to a person out in the country, from Alabama, like Jeff Sessions represents, that is probably a pretty rich target. … MATTHEWS: Now take a look at, what I think so far has been the toughest attack on this nomination. This is Sen. Jeff Sessions, the ranking Republican. He is from Alabama. He was especially tough, as I said, in his opening statements. Let’s look at a montage of his toughest shots at the nominee. (Clip) SEN. JEFF SESSIONS: Ms. Kagan has less real legal experience of any nominee in at least 50 years, and it’s not just that the nominee has not been a judge. She has barely practiced law, and not with the intensity and duration from which I think a real legal understanding occurs. Her actions punished the military, and demeaned our soldiers as they were courageously fighting for our country in two wars overseas. Ms. Kagan has associated herself with well-known activist judges who have used their power to re-define the meaning of words of our Constitution and laws in ways that, not surprisingly, have the result of advancing that judge’s preferred social policies and agendas. (End Clip) MATTHEWS: Joining us right now is Sen. Dick Durbin, Democrat of Illinois. He’s the Senate Majority Whip. Senator Durbin, if you listen to Jeff Sessions, your colleague, it’s a brutal assault on this nomination. She’s pro-terrorist in a sense, she’s anti-military, she’s a socialist, she’s for expansion of the government. He just about hit her on every cultural, political, ideological issue you can, and basically said he is definitely voting against her. He may lead a filibuster, based on his tone. SEN. DICK DURBIN: I can just tell you, my Alabama colleague did not surprise me. He dismissed Elena Kagan out of hand and didn’t really get into the whole question of her role in Supreme Court. And then came the bill of particulars for the election in November. This was the Republican National Committee bill of particulars, all of the things they want to accuse the Obama administration of. Socialism, secular humanism, you name it, went through the long litany. You get an idea of what this hearing is going to be all about. MATTHEWS: Well, do you think it’s really a hearing or is it something else? Is this going to be like a political convention on the right? SEN. DURBIN: Well I’m afraid it looks, from Senator Session’s statement, that there are going to be political overtones. And it’s not surprising, Chris, let’s be honest. If the shoe were on the other foot, and a nominee came along, we would be making points on our side of the aisle, too. But in fairness to Elena Kagan, At the end of the day, you have to look at what she has done, how she’s been cleared by this committee to be Solicitor General of the United States, her own achievements, and where she stands. MATTHEWS: You know, back not too many years ago, some Republicans paid a heavy price for being tough with Anita Hill when she came to testify in the Clarence Thomas hearings. Have we gotten past that era of sensitivity about a bunch of guys going after a single woman here just bashing her? SEN. DURBIN: Well I think so. But I tell you, the record shows – MATTHEWS: Wait a minute. You think we have gotten past we’re that insensitive? Can these guys like Jeff Sessions just go at her like this without any fear of rebuke? SEN. DURBIN: I think it’s fine. Jeff has raised issues, and that’s important. I may disagree with the issues. But it is not personal. I don’t see it reaching the level that would cause that kind of a backlash. And I think we’re learning. Just remember, this is our fourth time in history to entertain a woman as a Supreme Court justice – four times, out of 111, this is the fourth. And I think there were lessons learned in the past. We do know that women nominees tend to get tougher questions. Think of what Sonia Sotomayor went through over one phrase, “Wise Latina.” You would think that the woman had declared that she was a traitor, treason on the United States. And instead they made that one phrase the focal point, they just went overboard on it. … MATTHEWS DURING HARDBALL: This is, this is pretty rough stuff. I’ve been saying this morning, watching the hearing. It’s almost to use an old, crude phrase. They’ve turned this nominee into a voodoo doll, and they keep putting pins in her, as a way of getting at President Obama.

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Matthews: Republicans Putting Pins in Kagan Like She’s a Voodoo Doll

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Lib Talker Malloy Happy Cheney’s In Hospital, Hopes ‘Miserable Bastard’ Dies

Posted on June 28, 2010 by Benny Hollywood| Leave a comment

Is there any limit to the hatred liberal talk radio host Mike Malloy is willing to express on the air about conservatives? Have we as a nation really degraded to a point that it’s acceptable to verbalize over the airwaves one’s hope that a fellow American dies? Such questions naturally arise when one hears the kind of unhinged invective that came out of Malloy’s mouth on Friday after it was announced that former Vice President Dick Cheney was back in the hospital with heart troubles. As a courtesy to our readers, the audio and partial transcript of this abomination have been intentionally placed after the break due to the despicable nature of their content (h/t Radio Equalizer ): MIKE MALLOY: Cheney has had five heart attacks, and history of heart trouble. Well, I guess they’re one and the same. The cause of his latest health problem is not clear. I think I know, but (long pause) he’s done too much cannibalism, drunk too many cups of blood! Cheney’s in the hospital. Ah, the first good news all day. Malloy then read an e-mail from a caller asking, “What will it make him to lie still and actually die? He has more lives than a cat. I’m beginning to believe he really does need a stake through the heart.” After finishing this disgusting letter and laughing, Malloy continued: MALLOY: No, I’m not going to feel anything but intense gratitude that this miserable bastard has stepped off this earthly coil! Really! And I’m sure on a much lesser scale when I die, there will probably be some of you right-wing flip tops who will feel the same way – I frankly don’t give a damn! But no – Cheney is responsible. Cheney is a murderer. He’s a killer. He’s a torturer. He is evil personified! He is a walking mass of horror and when he’s gone, this planet will be cleaner! Honestly, what causes all this hatred from folks on the left? Conservative talkers might dislike President Obama and Vice President Biden, but they don’t go on the air hoping our political leaders die. Makes you wonder when the Department of Homeland Security is going to issue a warning about all this hate-speech on the left inciting acts of violence from domestic terrorists, although I wouldn’t hold my breath waiting for that report.  Now please excuse me – I have to wash my hands and keyboard of this detritus.  

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Lib Talker Malloy Happy Cheney’s In Hospital, Hopes ‘Miserable Bastard’ Dies

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Five Out of Five Lib Journalists Agree: Obama’s Big Government Push Helps Dems in ’10!

Posted on June 28, 2010 by Benny Hollywood| Leave a comment

On the syndicated Chris Matthews show over the weekend, Chris Matthews praised Barack Obama’s “legislative success” in getting all sorts of overbearing, big government laws passed and asked his panel to rate if those wins in Congress will lead to victory for the Democratic Party in the fall. Just before closing his show Matthews posed the following big question to HDNet’s Dan Rather, the BBC’s Katty Kay, CNN’s Gloria Borger and the Politico’s John Harris: “Will the President’s legislative success with the stimulus, with health care, with Wall Street reform and maybe even an energy bill be a net positive or negative for his party this fall?” The following are their individual responses as aired on the June 27 Chris Matthews Show: CHRIS MATTHEWS: Welcome back. This week another big feather in Barack Obama’s cap – Wall Street reform. Which brings us to our big question. Will the President’s legislative success with the stimulus, with health care, with Wall Street reform and maybe even an energy bill be a net positive or negative for his party this fall? Dan Rather? DAN RATHER, HDNET: Slight positive. MATTHEWS: Katty? KATTY KAY, BBC: Net positive. MATTHEWS: Gloria? GLORIA BORGER, CNN: I’m with Dan, slight positive. JOHN HARRIS, POLITICO: Positive. Takes away the Jimmy Carter ineffectual argument. MATTHEWS: Wow! Slight positive. Maybe just solid positive.

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Five Out of Five Lib Journalists Agree: Obama’s Big Government Push Helps Dems in ’10!

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Chicago Tribune: Supreme Court ‘Extends Gun Rights’

Posted on June 28, 2010 by Benny Hollywood| Leave a comment

“Supreme Court extends gun rights” a headline on the Web site for the Chicago Tribune erroneously claims today. The link on the page brought readers to a story entitled “Supreme Court extends gun rights in Chicago case.” Here’s the opening paragraph: WASHINGTON — The Supreme Court reversed a ruling upholding Chicago ‘s ban today and extended the reach of the 2nd Amendment as a nationwide protection against laws that infringe the “right to keep and bear arms.” But that language suggests that the Court invented a right out of whole cloth rather than grounded its decision in the Constitution itself. In truth, what the Supreme Court found in McDonald v. City of Chicago was that the 2nd Amendment’s guarantee of the individual’s right to firearm ownership is incorporated to the states via the 14th Amendment’s Due Process Clause. “The right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an even handed manner,” Justice Alito wrote for the Court.  The bottom line: The Supreme Court recognized that the City of Chicago was in violation of the the 2nd and 14th Amendments to the federal Constitution. A more accurate headline would have been “Supreme Court finds Chicago gun ban violates Constitution.” Of course, that presupposes the liberal media in Chicago are interested in shooting straight when it comes to reporting developments with which they have an ideological disagreement.

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Networks Defend ‘Consensus Builder’ Kagan; Downplay Military Recruiter Ban

Posted on June 28, 2010 by Benny Hollywood| Leave a comment

The Monday morning shows on CBS, ABC, and NBC all worked to portray President Obama’s Supreme Court nominee Elena Kagan as a moderate and open-minded legal scholar, downplaying her liberal views. All three network programs also minimized her controversial decision to ban military recruiters on campus while Dean of Harvard Law School. On CBS’s Early Show, legal correspondent Jan Crawford touted Kagan as “an intellectual heavyweight and consensus builder.” Crawford noted how Republicans had “several lines of attack” against Kagan and would “try to paint her as a liberal activist.” Crawford herself recently described Kagan as having “stood shoulder to shoulder with the liberal left.” On ABC’s Good Morning America, correspondent Claire Shipman did a fawning segment on Kagan in the 8AM ET hour, describing the former Dean as “intellectual” and “full of personal charm” during her tenure at Harvard. Shipman claimed that Kagan had “a determination to be open-minded,” despite banning military recruiters from the university’s campus over the ‘Don’t Ask, Don’t Tell’ policy. On that issue, Shipman explained that despite Kagan’s decision being unpopular “among student military vets…. Iraq War veteran Kurt White says they were won over by Kagan’s persistent outreach , another example of her political skills.” Shipman failed to mention that White would be testifying on Kagan’s behalf during the confirmation hearings. Shipman went so far to portray Kagan as open-minded that she touted how “though her political views are quite different than his, she honored conservative justice Antonin Scalia at the law school a few years ago, calling him a great justice.” Shipman even argued: ” It’s an openness to all voices that worries some liberals, but colleagues argue Kagan’s style is just what the Court needs.” NBC’s Today did not provide quite as strong a defense of Kagan, but a report by legal correspondent Pete Williams did feature a soundbite from Kagan supporter and SCOTUS blog founder Tom Goldstein declaring: “Elena Kagan isn’t a political partisan.” Williams, like Shipman, attempted to downplay the military recruiter ban: “Republicans also accuse Kagan of treating the military unfairly when she was dean of Harvard Law….But student military veterans say she made them feel welcome at Harvard and praised them for their service, even though she strongly opposed the policy on gays in the military.”   Here is a full transcript of Shipman’s June 28 segment on Good Morning America: 8:15AM GEORGE STEPHANOPOULOS: Supreme Court nominee Elena Kagan is preparing to take the stand for Senate confirmation hearings this afternoon, and they’re meant to tease out the nominee’s judicial philosophy. Well for some clues, Claire Shipman talked to some people who knew Kagan during the most substantial legal job of her career, the first woman dean of Harvard Law School. CLAIRE SHIPMAN, ABC correspondent: Good morning, George, well that’s right. We decided to look for clues at Harvard Law School where she had a very distinctive style. She was only there for six years, made a large number of changes. She was intellectual, yes, but also full of personal charm, say colleagues, and a determination to be open-minded. It’s an institution usually resistant to change, some might say an immovable object, until it was confronted with the irresistible force of Dean Elena Kagan. ELENA KAGAN: This is a wonderful time, and it’s so good to be with you. LAURENCE TRIBE, Harvard Law professor: I’ve watched Harvard Law School go through lots of transitions, but there has never been anything like Elena Kagan. MARTHA MINOW, Harvard Law dean: She was going to turn over every stone at this institution and figure out a way to make it better. SHIPMAN: She thinks big. MINOW: She thinks big. SHIPMAN: But she was savvy enough at times to start small, offering perks like free coffee for students. Then bigger battles, fighting to hire more conservative professors like John Manning.   JOHN MANNING, Harvard Law professor: She felt that her job as dean was to foster an atmosphere in which all sorts of ideas would be presented. SHIPMAN: And selling a total curriculum overhaul, the first in a hundred years. KAGAN: For the most part, a first year curriculum now looks like what it looks like back in 1880. SHIPMAN: Some say her meteoric rise is impressive, but also suggests a calculating careerism. Two of her best friends, roommates at law school, say she’s just always just reveled in the work. JOHN BARRETT, friend of Kagan: A visual that I have, a memory, is her sitting at her desk with a cigarette and a pen and a book and a little desk lamp, and she could kind of grind it out for a long time. UNIDENTIFIED FRIEND OF KAGAN: I think what was clear was that she really loved the law, and reading about it, and thinking about it, and talking about it. SHIPMAN: Her time as dean wasn’t without controversy. She decided to renew a ban keeping military recruiters from using the career services office because of opposition to the “Don’t Ask, Don’t Tell” policy. Support was high on campus, but not among student military vets. KURT WHITE, Harvard Law student: It didn’t seem like banning military recruiters from the law school campus was going to be something that was likely to lead to a change in this law. SHIPMAN: Still, Iraq War veteran Kurt White says they were won over by Kagan’s persistent outreach, another example of her political skills. WHITE: It was really her showing her appreciation for the military and being very supportive of us. SHIPMAN: And though her political views are quite different than his, she honored conservative justice Antonin Scalia at the law school a few years ago, calling him a great justice. MANNING: She as dean was able to recognize his accomplishments and celebrate them without reservation. SHIPMAN: It’s an openness to all voices that worries some liberals, but colleagues argue Kagan’s style is just what the Court needs. TRIBE: I think that her ability to find common ground, bring people along, see long-term implications, will make a very large impact on the Court. SHIPMAN: It’s certainly a good place to start hearings as a potential liberal justice when you have the support of a conservative justice, like justice Scalia. George, but of course the hearings will still be heated, they’ll look at that military recruitment issue, and also try to pin her down specifically on how she might rule on some controversial issues. STEPHANOPOULOS: That’s right, and in an election year, likely to get a lot of no votes as well. Okay Claire Shipman, thanks very much.

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Networks Defend ‘Consensus Builder’ Kagan; Downplay Military Recruiter Ban

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VIDEO: Media Routinely Used ‘Conservative’ Label on Bush Nominees to Supreme Court; Obama Picks Always ‘Centrist’

Posted on June 28, 2010 by Benny Hollywood| Leave a comment

When President Bush nominated John Roberts and Samuel Alito to the Supreme Court in 2005, the media did not hesitate to describe both men as “very conservative,” but when President Obama nominated Sonia Sotomayor in 2009 and Elena Kagan this year many in the press couldn’t seem to identify any liberal ideology. The Media Research Center has produced a video compilation of examples to further demonstrate the obvious double standard. [Audio available here ] During ABC’s live special coverage of Roberts’s nomination on July 19, 2005, then This Week host and former Democratic operative George Stephanopoulos declared: “This is a very conservative man with a strong paper trail that proves it.” NPR’s Nina Totenberg could hardly contain her urge to label, using the word “conservative” several times during a July 23 appearance on Inside Washington: “John Roberts is a really conservative guy…he’s a conservative Catholic….[President Bush] has given conservatives a hardline conservative.” The same labeling followed Alito’s nomination months later. CBS’s Bob Schieffer opened the October 31 Evening News by proclaiming: “Conservatives wanted a conservative on the Supreme Court, and said the President ought to risk a fight in the Senate to get one. Their wishes have been fulfilled.” Later that evening, on a special 7PM ET hour edition of CNN’s The Situation Room, anchor Wolf Blitzer described: “…there is a new nomination and new controversy. A battle shapes up as the president picks a staunch conservative who could help reshape the U.S. Supreme Court.” Compare those characterizations of Roberts and Alito with how Stephanopoulos introduced Sotomayor to Good Morning America viewers on May 1, 2009: “She’s built up a strong centrist record on the court.” On the May 27 CBS Evening News, anchor Katie Couric scratched her head when it came to Sotomayor’s political views: “Now pundits usually label judges as either liberal or conservative, but that won’t be easy with Judge Sotomayor.” Meanwhile, Totenberg actually remained consistent, arguing Obama’s nominee was actually on the Right: “…she’s more conservative than some members of the Supreme Court, including Justice Scalia, perhaps.” With Kagan, on CBS’s April 11 Face the Nation, legal analyst Jan Crawford described the broad support the potential nominee would receive: “…she’s got some support among conservatives because she hired a lot of those conservative law professors at Harvard.” On the May 10 Good Morning America, ABC World News anchor Diane Sawyer explained how Kagan “is expected to play a role as somewhat of a conciliator, the bridge across the conservative and liberal wings of the Court.” Like Totenberg with Sotomayor, on the May 11 CBS Early Show co-host Maggie Rodriguez floated the idea that Kagan was conservative: “she may actually shift the Court to the Right, compared with Justice Stevens.”      As evidence of Kagan’s staunch liberalism comes out in her confirmation hearings, one wonders if the media will finally be willing to accurately describe her left-wing views.

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VIDEO: Media Routinely Used ‘Conservative’ Label on Bush Nominees to Supreme Court; Obama Picks Always ‘Centrist’

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