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Isabel Macdonald
212 633 6700 x 310
imacdonald@fair.org
Fox News Channel senior vice president John Moody took issue with FAIR's action alert, "Fox News
Nailbiter! Conservative Channel Pushed Notion of a Tightening
Election." But Moody's claims--and his suggestion that FAIR "retract
your article and provide an appropriate apology"--are based on a
peculiar argument.
As FAIR's alert documented, Fox personalities
spent an unusual amount of time in the days preceding the election
suggesting that the race between Barack Obama and John McCain was
"tightening." Moody seems to dismiss the argument by suggesting the
quotes are "from political pundits, whose opinions we do not attempt to
control." In fact, the quotes are from a variety of sources--Fox campaign reporters, Fox hosts like Sean Hannity and Bill O'Reilly, and regular Fox News
contributors like Dick Morris. To suggest that Fox has no control over
the guests it chooses to put on the air (especially Morris, who was a
fixture of the channel's campaign coverage) is rather
unusual--especially given that the charge comes from someone who has
penned well-known political memos for his channel. (See the documentary
"Outfoxed"; Huffington Post, 11/14/06.)
Moody also suggests that Fox's own poll was
showing the race getting much closer, and points to two other polls as
evidence that his poll was correct. There's a name for selecting data
because it tells you what you want to hear: It's called cherrypicking.
Averaging all the available polls, which was done by several websites,
painted a very different picture. Take the average provided by Real Clear Politics,
for example: On September 27, it had John McCain at 43.6 percent and
Barack Obama at 47.9 point. Over the final 37 days of the campaign,
McCain's average never rose or fell by more than a full percentage
point, ending up on November 3 at 44.3 percent, while Obama's rose more
or less steadily to 51.6 percent. The wide swings seen in the Fox poll--a 9-point lead for Obama on October 20-21 turning into a 3-point lead on October 28-29 and becoming a 7-point lead in Fox's final poll on November 2--disappear when you look at the much larger sample surveyed by a combination of all polls.
And what about Fox News personalities
suggesting that Obama was losing voters on economic issues--an argument
that is contradicted both by other polls at the time and by the exit
polls of actual voters? Or the argument that McCain was gaining among
younger voters, whom exit polls showed Obama winning by a 2-to-1 margin?
How a given media outlet reports on polls reflects certain political judgments; at Fox,
much of the commentary was provided by hosts and network analysts who
were clearly eager to promote the idea that the momentum was shifting
in McCain's favor. FAIR's alert illustrated how Fox News Channel
was distinguishing its election coverage from its competitors by hyping
a close race between Obama and McCain. Given the channel's well-known
political orientation, this is not surprising. Documenting this reality
is not something that requires a correction of any sort.
Moody's email appears below.
***
Dear Ms. Macdonald:
I received the email below this morning, and this afternoon, I notice
an orchestrated email campaign concerning an article on the FAIR
website. Your article inaccurately suggests that the Fox News
poll provided misleading information about the tightness of the
presidential race. It supports this contention with quotes from
political pundits, whose opinions we do not attempt to control. I would
like to request that you retract your article and provide an
appropriate apology.
The Fox News/Opinion Dynamics poll of Oct. 24
depicted an 8-point Obama lead. It is true - and I make no apology for
the fact - that our next week's poll, released Oct. 31, showed Obama's
lead had shrunk to 3 percent. Similar tightening was recorded by
Investor's Business Daily (2 percent) and Zogby (dead even, if memory
serves). Our FINAL pre-election poll, released Nov. 3, showed Obama's
lead had returned to 7 percent. The final Rasmussen poll - with which Fox has a cooperative agreement - was spot-on, projecting a 6 percent difference.
A story today on page 16 of the Wall Street Journal
(presumably beyond your permitted reading orbit) pointed out the
relative accuracy of the major polls toward the end of the campaign.
Ms. Macdonald, since I do not know you, I will restrict myself to two observations:
1) You attempted to "check if this is still the correct email" address,
followed by a high-schoolish exclamation point, without explaining the
purpose of your inquiry. As most of your colleagues would tell you, had
you checked with them, this amounts to journalistic deception.
2) Your organization, which presumes to discern unfairness (though
always with a consistent political bias) itself got the facts wrong in
this instance. I doubt you will have the courage to include this email
on your website with the same prominence you gave your flawed story.
But who knows? Miracles happen all the time.
John Moody
This release is available online at: https://www.fair.org/index.php?page=3650
FAIR, the national media watch group, has been offering well-documented criticism of media bias and censorship since 1986. We work to invigorate the First Amendment by advocating for greater diversity in the press and by scrutinizing media practices that marginalize public interest, minority and dissenting viewpoints.
A leader at the human rights group called the proposal "a dangerous and dramatic step backwards and a product of ongoing impunity for Israel’s system of apartheid and its genocide in Gaza."
As Israel continues its "silent genocide" in the Gaza Strip one month into a supposed ceasefire with Hamas and Israeli settler attacks on Palestinians in the illegally occupied West Bank hit a record high, Amnesty International on Tuesday ripped the advancement of a death penalty bill championed by far-right National Security Minister Itamar Ben-Gvir.
Israel's 120-member Knesset "on Monday evening voted 39-16 in favor of the first reading of a controversial government-backed bill sponsored by Otzma Yehudit MK Limor Son Har-Melech," the Times of Israel reported. "Two other death penalty bills, sponsored by Likud MK Nissim Vaturi and Yisrael Beytenu MK Oded Forer, also passed their first readings 36-15 and 37-14."
Son Har-Melech's bill—which must pass two more readings to become law—would require courts to impose the death penalty on "a person who caused the death of an Israeli citizen deliberately or through indifference, from a motive of racism or hostility against a population, and with the aim of harming the state of Israel and the national revival of the Jewish people in its land."
Both Hamas—which Israel considers a terrorist organization—and the Palestine Liberation Organization slammed the bill, with Palestinian National Council Speaker Rawhi Fattouh calling it "a political, legal, and humanitarian crime," according to Reuters.
Amnesty International's senior director for research, advocacy, policy, and campaigns, Erika Guevara Rosas, said in a statement that "there is no sugarcoating this; a majority of 39 Israeli Knesset members approved in a first reading a bill that effectively mandates courts to impose the death penalty exclusively against Palestinians."
Amnesty opposes the death penalty under all circumstances and tracks such killings annually. The international human rights group has also forcefully spoken out against Israeli abuse of Palestinians, including the genocide in Gaza that has killed over 69,182 people as of Tuesday—the official tally from local health officials that experts warn is likely a significant undercount.
"The international community must exert maximum pressure on the Israeli government to immediately scrap this bill and dismantle all laws and practices that contribute to the system of apartheid against Palestinians."
“Knesset members should be working to abolish the death penalty, not broadening its application," Guevara Rosas argued. "The death penalty is the ultimate cruel, inhuman, and degrading punishment, and an irreversible denial of the right to life. It should not be imposed in any circumstances, let alone weaponized as a blatantly discriminatory tool of state-sanctioned killing, domination, and oppression. Its mandatory imposition and retroactive application would violate clear prohibitions set out under international human rights law and standards on the use of this punishment."
"The shift towards requiring courts to impose the death penalty against Palestinians is a dangerous and dramatic step backwards and a product of ongoing impunity for Israel's system of apartheid and its genocide in Gaza," she continued. "It did not occur in a vacuum. It comes in the context of a drastic increase in the number of unlawful killings of Palestinians, including acts that amount to extrajudicial executions, over the last decade, and a horrific rise of deaths in custody of Palestinians since October 2023."
Guevara Rosas noted that "not only have such acts been greeted with near-total impunity but with legitimacy and support and, at times, glorification. It also comes amidst a climate of incitement to violence against Palestinians as evidenced by the surge in state-backed settler attacks in the occupied West Bank."
Prime Minister Benjamin Netanyahu launched the devastating assault on Gaza in response to the Hamas-led attack on southern Israel on October 7, 2023. Since then, Israeli soldiers and settlers have also killed more than 1,000 Palestinians in the West Bank, according to the United Nations Office for the Coordination of Humanitarian Affairs.
Netanyahu is now wanted by the International Criminal Court for war crimes and crimes against humanity, and Israel faces an ongoing genocide case at the International Court of Justice. The ICJ separately said last year that Israel's occupation of Gaza and the West Bank, including East Jerusalem, is unlawful and must end; the Israeli government has shown no sign of accepting that.
The Amnesty campaigner said Tuesday that "it is additionally concerning that the law authorizes military courts to impose death sentences on civilians, that cannot be commuted, particularly given the unfair nature of the trials held by these courts, which have a conviction rate of over 99% for Palestinian defendants."
As CNN reported Monday:
The UN has previously condemned Israel's military courts in the occupied West Bank, saying that "Palestinians' right to due process guarantees have been violated" for decades, and denounced "the lack of fair trial in the occupied West Bank."
UN experts said last year that, "in the occupied West Bank, the functions of police, investigator, prosecutor, and judge are vested in the same hierarchical institution—the Israeli military."
Pointing to the hanging of Nazi official and Holocaust architect Adolf Eichmann, Guevara Rosas highlighted that "on paper, Israeli law has traditionally restricted the use of the death penalty for exceptional crimes, like genocide and crimes against humanity, and the last court-ordered execution was carried out in 1962."
"The bill's stipulation that courts should impose the death penalty on individuals convicted of nationally motivated murder with the intent of 'harming the state of Israel or the rebirth of the Jewish people' is yet another blatant manifestation of Israel's institutionalized discrimination against Palestinians, a key pillar of Israel’s apartheid system, in law and in practice," she asserted.
"The international community must exert maximum pressure on the Israeli government to immediately scrap this bill and dismantle all laws and practices that contribute to the system of apartheid against Palestinians," she added. "Israeli authorities must ensure Palestinian prisoners and detainees are treated in line with international law, including the prohibition against torture and other ill-treatment, and are provided with fair trial guarantees. They must also take concrete steps towards abolishing the death penalty for all crimes and all people."
"In our democracy, the press is a watchdog against abuse," said Marion County Record publisher Eric Meyer. "If the watchdog itself is the target of abuse, and all it does is roll over, democracy suffers.”
A Kansas county has agreed to pay $3 million over 2023 police raids of a local newspaper and multiple homes—one of which belonged to its elderly publisher, whose death shortly followed—sparking nationwide alarm over increasing attacks on the free press.
Marion County agreed to pay the seven-figure settlement and issue a formal apology to the publishers of the Marion County Record admitting that wrongdoing had occurred during the August 11, 2023 raids on the paper's newsroom and two homes.
The apology states that the Marion County Sheriff's Office "wishes to express its sincere regrets to Eric and Joan Meyer and Ruth and Ronald Herbel for its participation in the drafting and execution of the Marion Police Department’s search warrants on their homes and the Marion County Record. This likely would not have happened if established law had been reviewed and applied prior to the execution of the warrant."
Bernie Rhodes, an attorney for the Record, told the paper, "This is a first step—but a big step—in making sure that Joan Meyer’s death served a purpose, in making sure that the next crazed cop who thinks they can raid a newsroom understands the consequences are measured in millions of dollars."
Rhodes was referring to the 98-year-old Record co-owner, who was reportedly in good health for her age, but collapsed and died at her home in the immediate aftermath of the raid by Marion police and country sheriff's deputies.
"This is a first step—but a big step—in making sure that Joan Meyer’s death served a purpose."
Eric Meyer, Joan Meyer's son and the current publisher of the Record, said: “The admission of wrongdoing is the most important part. In our democracy, the press is a watchdog against abuse. If the watchdog itself is the target of abuse, and all it does is roll over, democracy suffers.”
According to the Record, awards include:
Record business manager Cheri Bentz—who suffered aggravation of health conditions following one of the raids—previously settled with the county for $50,000.
Katherine Jacobsen, the US, Canada, and Caribbean program coordinator at the Committee to Protect Journalists, hailed the settlement as "an important win for press freedom amid a growing trend of hostility toward those who hold power to account."
"Journalists must be able to work freely and without fear of having their homes raided and equipment seized due to the overreach of authorities," she added.
The raids—during which police seized the Record‘s electronic equipment, work product, and documentary materials—were conducted with search warrants related to an alleged identity theft investigation.
However, critics—who have called the warrants falsified and invalid—noted that the raids came as the Record investigated sexual misconduct allegations against then-Marion Police Chief Police Gideon Cody. The raids, they say, were motivated by Cody's desire to silence the paper's unfavorable reporting about him.
State District Judge Ryan Rosauer ruled last month that Cody likely committed a felony crime when he instructed a witness with whom he allegedly had an improper romantic relationship to delete text messages they exchanged before, during, and after the raids.
While Cody will not be tried in connection with Meyer's death or the 2023 raids, Rosauer ordered him to stand trial over the deleted texts.
Meyer at the time expressed dismay that Cody wasn't being tried for his mother's death or the raids. He also worried that Cody was being made a scapegoat, as other people and law enforcement agencies were involved in the incident.
Following the announcement of the settlement, Meyer said that "this never has been about money, the key issue always has been that no one is above the law."
"No one can trample on the First and Fourth Amendments for personal or political purposes and get away with it," he continued. "When my mother warned officers that the stress they were putting her under might lead to her death, she called what they were doing Hitler tactics."
"What keeps our democracy from descending as Germany did before World War II is the courage she demonstrated—and we’ve tried to continue—in fighting back," Meyer added.
"This never has been about money, the key issue always has been that no one is above the law."
Five consolidated federal civil rights lawsuits have been filed in the US District Court for the District of Kansas, alleging wrongful death, unlawful searches, retaliation for protected speech, and other claims tied to the raids.
“It’s a shame additional criminal charges aren’t possible,” Meyer said, “but the federal civil cases will do everything they can to discourage future abuses of power.”
Although unable to savor the Record's victory, Joan Meyer presciently told the officers raiding her home, "Boy, are you going to be in trouble."
“She was so right," said Rhodes.
Despite Mamdani's campaign pledge, legal experts have consistently cast doubt on a New York City mayor's authority to order the arrest of a foreign leader.
New York City Mayor-elect Zohran Mamdani may have a chance to fulfill one of his campaign promises on his first day of office, although legal experts have repeatedly cast doubt on his power to make it happen.
Republican New York City Councilwoman Inna Vernikov on Tuesday sent a formal invitation to Israeli Prime Minister Benjamin Netanyahu to speak in New York City on January 1, 2026, while at the same time daring Mamdani to keep his pledge to have him arrested on war crimes charges.
"On January 1, Mamdani will take office," Vernikov wrote in a post on X. "And also on January 1, I look forward to welcoming Bibi to New York City. NY will always stand with Israel, and no radical Marxists with a title can change that."
The International Criminal Court (ICC) last year issued an arrest warrant for Netanyahu and former Defense Minister Yoav Gallant for war crimes and crimes against humanity committed during Israel's war in Gaza that has killed at least 69,000 Palestinians.
During his successful mayoral campaign, Mamdani repeatedly said that he would enforce the warrant against Netanyahu should the Israeli leader set foot in his city.
Although Mamdani backed off some of his most strident past statements during the campaign, particularly when it comes to the New York Police Department (NYPD), he doubled down on arresting Netanyahu during a September interview with The New York Times.
"This is a moment where we cannot look to the federal government for leadership," Mamdani told the paper. "This is a moment when cities and states will have to demonstrate what it actually looks like to stand up for our own values, our own people."
However, legal experts who spoke with the Times cast doubt on Mamdani's authority as the mayor of a major American city to arrest a foreign head of government, even if the person in question has been indicted by the ICC.
Among other things, experts said that the NYPD does not have jurisdiction to arrest Netanyahu on international war crimes charges, and the Israeli leader would have to commit some crime in violation of local state or city laws to justify such an action.
Additionally, the US has never been party to the ICC and does not recognize its legal authority.
Matthew Waxman, a professor at Columbia Law School, told the Times that Mamdani's stated determination to arrest Netanyahu was "more a political stunt than a serious law-enforcement policy."