Fox News’ Judicial Analyst Falsely Claims Trump “Can’t Reveal” Classified Info To A Court
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Meanwhile, The White House Freeze-Out Of CNN Continues
The Trump administration offered White House senior adviser Stephen Miller -- and reportedly no one else -- to appear on the Sunday morning political talk shows of ABC, NBC, CBS, and Fox Broadcasting Co. In his appearances on the four shows, Miller repeatedly dodged questions, made blatantly false claims, and attacked the media. Recent profiles of Miller have highlighted his extreme ideological views, his close relationship with Stephen Bannon, and the “enthusiasm” of white nationalists like Richard Spencer over his role in the administration.
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Since President Donald Trump signed a controversial executive order banning visitors and refugees from seven Muslim-majority countries from entering the United States, conservative media figures have defended him as being “within his mandate” as president and claimed the constitutionality of the order is “crystal clear,” but the recent federal appeals court decision against his order proves otherwise. Here are some of the right-wing media myths -- and the corresponding facts -- on Trump’s Muslim ban:
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The national security law expert miscited by President Donald Trump to criticize a court ruling against his administration is actually a frequent critic of the president who has called the president’s travel ban “malevolence tempered by incompetence.”
Following the 9th Circuit Court of Appeal’s February 9 unanimous ruling against the Trump administration that declined to reinstate the administration’s executive order targeting people from seven majority-Muslim countries, Trump attacked the decision by citing on Twitter a Lawfare article authored by the site’s editor-in-chief, Benjamin Wittes:
LAWFARE: "Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute." A disgraceful decision!
— Donald J. Trump (@realDonaldTrump) February 10, 2017
Unfortunately for Trump, the article he cited actually reached the conclusion that the 9th Circuit “is correct to leave the [temporary restraining order] in place.” (ThinkProgress notes that Trump likely discovered the article by watching MSNBC’s Morning Joe, which had a segment highlighting the portion of the Lawfare article Trump referenced on Twitter.)
Wittes, who is also a senior fellow in governance studies at The Brookings Institution, took to Twitter to ridicule Trump over other parts of his Lawfare article that Trump could have cited:
#NotesFromUnderTrump, Day 22: Perhaps the President would like to tweet the below passage re yesterday’s decision? https://t.co/uKXkO1Co3a pic.twitter.com/UWjhk32qmM
— Benjamin Wittes (@benjaminwittes) February 10, 2017
#NotesFromUnderTrump, Day 22: Or maybe the president would consider tweeting the conclusion of the essay he quoted. https://t.co/uKXkO1Co3a pic.twitter.com/5c3EAEiE10
— Benjamin Wittes (@benjaminwittes) February 10, 2017
Wittes also referenced his harsh critique of the travel ban executive order in a January 28 Lawfare article (headlined “Malevolence Tempered by Incompetence: Trump’s Horrifying Executive Order on Refugees and Visas”), where he wrote that “the malevolence of President Trump’s Executive Order on visas and refugees is mitigated chiefly -- and perhaps only -- by the astonishing incompetence of its drafting and construction”:
#NotesFromUnderTrump, Day 22: If he enjoyed my piece last night, he might also like my first essay on the travel ban https://t.co/zR9JXUJHr3 pic.twitter.com/UJIRk6CGSy
— Benjamin Wittes (@benjaminwittes) February 10, 2017
#NotesFromUnderTrump, Day 22: For more tweetable options, may I suggest my comment on the quality of his lawyers?https://t.co/zR9JXUJHr3 pic.twitter.com/t645nUuPrd
— Benjamin Wittes (@benjaminwittes) February 10, 2017
#NotesFromUnderTrump, Day 22: POTUS should think about tweeting my view of EO's needless vulnerability to challenge. https://t.co/zR9JXUJHr3 pic.twitter.com/COAGleyF7v
— Benjamin Wittes (@benjaminwittes) February 10, 2017
He also shared some of his past criticism of the president, such as his routine argument that Trump is a threat to democracy in the United States:
#NotesFromUnderTrump, Day 22: I might also suggest a tweet about my prescient essay on an important security threat. https://t.co/0odNl0kpLf pic.twitter.com/ITeaM7sJHD
— Benjamin Wittes (@benjaminwittes) February 10, 2017
#NotesFromUnderTrump, Day 22: POTUS might find my work on "Trump & the Powers of the Presidency" illuminating, too.https://t.co/5YDCjKRbTv pic.twitter.com/ssHvONhwYq
— Benjamin Wittes (@benjaminwittes) February 10, 2017
#NotesFromUnderTrump, Day 22: Most important, he should endorse my #CoalitionOfAllDemocraticForces to oppose him! https://t.co/ygcCWaeXn3 pic.twitter.com/q4JBJ2mVOm
— Benjamin Wittes (@benjaminwittes) February 10, 2017
Wittes also called Trump’s patriotism into question after Trump held a July 2016 press conference where he encouraged Russia to commit espionage against his then-opponent Hillary Clinton. In a July 27 article, Wittes wrote, “I am pretty careful about not questioning people's patriotism, but when a presidential candidate calls on a foreign intelligence service to engage in operations against the United States, he leaves us little choice.” That same day he co-authored another article that described Trump as a “useful idiot” for Russian President Vladimir Putin, noting that Trump “has taken public positions exceedingly favorable to Russia and far outside of the American mainstream.”
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Right-wing media figures took to Twitter to lament over the Ninth Circuit Court of Appeals’ unanimous decision not to reinstate President Donald Trump’s travel ban targeting seven majority-Muslim countries, calling the decision “judicial tyranny” and the judges “pro-terrorists activists.”
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Some media have called President Donald Trump’s Supreme Court nominee, District Court Judge Neil Gorsuch, “relatively mainstream.” But this label is misleading -- if Trump’s nominee is a “mainstream” conservative judge, it is only because conservative legal thought has shifted to the far right, as The New York Times’ Linda Greenhouse explained. That shift is also reflected in the extreme anti-choice and anti-LGBTQ “originalist” decisions Gorsuch has issued, which have radical impacts that some in the media have downplayed.
David Duke: “Another Great Win By Trump! Hillary Over The Next 8 Years Would Make The Supreme Court Indistinguishable From The Israeli Knesset!”
White nationalists heavily praised President Donald Trump’s nomination of Judge Neil Gorsuch to the Supreme Court, lauding the fact he is “old stock American,” "a white male," "WASPy," and not Jewish.