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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.
"The War Powers Resolution doesn’t give the president a 'free' 60 days—and the Constitution certainly doesn’t either," said one conservative critic.
Critics from both sides of the political aisle on Monday denounced President Donald Trump's effort to construct a facade of legality for the illegal US-Israeli war of choice on Iran by notifying Congress of renewed military strikes on the Mideast nation.
Trump claimed in a letter to members of Congress that, on July 7, he ordered "defensive strikes against targets within Iran, including missile launch sites, air defenses, military maritime assets, military support infrastructure, and command and control capabilities."
"These strikes are limited, measured, planned, and executed in a manner designed to minimize civilian casualties," wrote Trump, whose war has killed more than 3,400 people—hundreds of them children—and wounded over 26,500 others since February 28, according to Iran's Ministry of Health.
"I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution," the president added.
The War Powers Resolution of 1973—also known as the War Powers Act—requires the president to notify Congress within 48 hours of committing troops to military action and limit such action to 60 days, with a 30-day withdrawal period, unless lawmakers declare war or issue an authorization for the use of military force.
Elected Democrats and legal experts have rejected Trump's argument that the negotiated ceasefire he's now abandoned resets the War Powers Resolution's 60-day limit; absent congressional authorization, the statutory clock generally starts from the first US strike and continues uninterrupted until military action ends.
Asked Monday by CNN's Kaitlan Collins if this is "just the new normal for the American people," Trump—who has called himself the "peace president"—replied, "No, well, you know, we were in Vietnam for 19 years; we're [in Iran] for four months."
Trump said during the same press conference that "we're doing another very major attack tonight" in Iran.
US Central Command (CENTCOM) said Monday that US forces "began launching the third consecutive night of strikes against Iran, at the Commander in Chief's direction."
"These strikes will continue imposing a heavy cost on Iranian forces and degrade their ability to attack innocent civilians and commercial shipping in the Strait of Hormuz," CENTCOM added.
Responding to the president's letter, former libertarian Congressman Justin Amash (R-Mich.) said on social media: "This is not how it works. The War Powers Resolution doesn’t give the president a 'free' 60 days—and the Constitution certainly doesn’t either. Regardless, we’re talking about a single war. You don’t get to pause it and then pretend it’s a different war."
Congresswoman Teresa Leger Fernández (D-NM) also took to social media, writing: "Trump said the war with Iran was over. He lied."
"Now he is telling Congress the United States is at war again—and claiming another 60 days to wage it without congressional approval," she added. "He cannot end a war on paper to dodge the law, then restart the clock when it suits him. No more lies. No more endless wars."
Aaron Fritschner, Rep. Don Beyer's (D-Va.) deputy chief of staff, said that Trump administration officials "may think the Congress and citizenry are extremely stupid, and they are mistaken," adding that the Iran War "is obviously illegal."
Foreign policy journalist Laura Rozen dragged what she described as "a forever war in 60-day increments."
Politico House leadership reporter Riley Rogerson asked House Minority Leader Hakeem Jeffries (D-NY) whether Democrats are planning on pursuing another war powers resolution like the one passed last month by both chambers of Congress aimed at blocking Trump's ability to keep attacking Iran.
"We have advanced multiple war powers resolutions up until this point, and we will continue to use every legislative tool available to end Donald Trump and the Republican reckless and costly war of choice in Iran," Jeffries replied.
"It is horrific. ICE needs to be disbanded. People who work for ICE are untrained. And we want them out of Biddeford," one resident said. "Killing people in cold blood. They need to be out of Maine."
Mainers descended on the city of Biddeford Monday after a US Immigration and Customs Enforcement officer fatally shot a 26-year-old Colombian man, with protesters demanding an end to a federal agency that has killed citizens and immigrants alike.
"Is this the America we want?" asked a sign carried by a woman through the streets of the city, which is about 18 miles southwest of Portland. Other messages included "Abolish ICE," "ICE Out Now," "ICE Kills," and "Murderers."
The agency's deadly invasions of US cities—including in Maine earlier this year—as part of President Donald Trump's mass detention and deportation campaign have fueled growing calls for abolishing ICE.
"It is horrific. ICE needs to be disbanded. People who work for ICE are untrained. And we want them out of Biddeford," Maine resident Marcia Hanes told WGME. "Killing people in cold blood. They need to be out of Maine. They need to be out of the United States."
While authorities have not named the man killed on Monday, the Portland Press Herald identified him as Joan Sebastian Guerrero, citing one of his neighbors and an immigrant advocacy organization that said it had been in touch with the family.
The Maine Immigrants' Rights Coalition (MIRC) and Presente! Maine said in a statement that "the young man was authorized to work in the United States and had been issued a Social Security number," and that they "are devastated and outraged" by his death.
"Our communities are hurting," said MIRC executive director Mufalo Chitam. "Today, a 26-year-old member of our community is dead following an incident involving ICE. We are grieving, we are furious, and we will not allow his death to be treated as routine or inevitable. How much more harm must our communities endure before those with the power to act acknowledge that this has gone too far?"
As with previous shootings involving ICE and other Department of Homeland Security agents, DHS Secretary Markwayne Mullin claimed that the deceased man had "weaponized" a vehicle he was driving, according to US Sen. Angus King (I-Maine).
Videos from earlier shootings have cast doubt on or debunked some of the Trump administration's claims, including in Texas last week. While some clips of Monday's encounter have circulated online, King noted that there is apparently no body camera footage.
"Body cameras were not on the agents. So we have no video evidence of what occurred in this case," the senator said. "We don't know the circumstances at this point, but my statement to Secretary Mullin, I said, 'I'm going to say that you have committed to me that this investigation will be full, fair, and transparent. Can I say that? He said, 'Yes, absolutely.'"
King added that Mullin told him the driver was not the target of the warrant the officers were executing in Biddeford.
The office of Maine Attorney General Aaron M. Frey said that it "is investigating a fatal use of deadly force that occurred this morning," and "Biddeford, Saco, and the Maine State Police are assisting with the investigation as well as federal authorities."
Initial statements indicate ICE "was conducting an enforcement operation related to a final order of removal when the subject attempted to flee in a vehicle in the direction of the officer and was fatally shot," the attorney general's office said. "We encourage any member of the public to come forward if they have information they feel would be helpful to the investigation. Please contact your local law enforcement agency."
Some of the protesters headed to the local office of Sen. Susan Collins (R-Maine), who is up for reelection in November.
According to the Press Herald:
As the crowd marched down Main Street and gathered outside Sen. Collins' Biddeford office, about a dozen people made it inside the entryway, chanting "Vote her out!" and banging their fists on the office’s locked doors.
Staffers inside could be seen on the phone as the crowd grew. Minutes later, five Biddeford police officers pushed through the entryway and placed themselves between protestors and the door.
"This is your fault Susan!" one man shouted.
"You're a fascist!" another person yelled at the officers.
Collins responded to the shooting by calling for "a full and impartial investigation," and faced fierce responses from some Democrats running to replace primary winner Graham Platner as her challenger in the November election.
"Sen. Collins voted for the Republican bill to give ICE another $70 billion to terrorize our communities with no accountability. Maybe sit this one out," said Nirav Shah, who previously led the Maine Center for Disease Control and Prevention and then served in leadership at the federal CDC. "I'm running for Senate to end this blank check, stop ICE's lawlessness, and protect Mainers."
Jordan Wood, another Senate hopeful who was previously a congressional chief of staff, told Collins, "What it requires is for you to have the courage to stop funding this lawless agency that's been terrorizing our streets for over a year."
"ICE needs to get out of Maine," Wood said. He called for ICE to be "abolished and replaced with a new agency that protects and serves the people," and will "not murder them."
The national progressive group Our Revolution—which is backing former Maine Senate President Troy Jackson as Platner's replacement—declared: "Collins voted to hand ICE $70 billion. No reforms. No accountability. She funded this. She owns this. Vote her out!"
As with previous ICE shootings, Monday's deadly encounter drew alarmed responses from across the United States. "When is shit like this going to end?" asked US Sen. Ruben Gallego (D-Ariz.).
In Minnesota—where federal agents fatally shot US citizens Renee Good and Alex Pretti, and injured Venezuelan national Julio Sosa-Celis, in January—Democratic Gov. Tim Walz said: "Americans are once again watching in horror as Trump's lawless federal agents took another life—this time in Maine. We must seek accountability and justice and an end to this madness."
The elected attorney in Minnesota's Hennepin County, Mary Moriarty, announced Monday that after "six months of relentless collective effort," prosecutors had finally "obtained hard drives of previously withheld evidence" about the shootings from the federal government.
Minnesota Attorney General Keith Ellison said it "should never have taken this long."
After being shut out of the investigations by the Trump administration, Minnesota prosecutors announced on Monday that federal investigators finally turned over reams of unseen evidence related to shootings by immigration agents that killed Renee Good and Alex Pretti and injured Julio Sosa-Celis in January.
Hennepin County Attorney Mary Moriarty announced that after "six months of relentless collective effort," state and local prosecutors had "obtained hard drives of previously withheld evidence" about the killings, which took place during the administration's aggressive surge of immigration agents in and around Minneapolis and sparked a wave of protests.
Moriarty added that prosecutors had also obtained some physical evidence that was "previously withheld" by federal investigators. This includes the SUV that Good, a 37-year-old US citizen and mother of three, had been driving when she was shot through her driver's side window by US Immigration and Customs Enforcement (ICE) agent Jonathan Ross as she appeared to be leaving the scene of an enforcement operation.
Attorney Antonio Romanucci and the legal team representing the family of Good said in a statement that turning over the vehicle and other evidence was "an important and meaningful step towards justice and accountability," and that they were "grateful for the resumption of regular investigatory protocols, which is not only important for the families impacted in these cases, but it is essential for the community and the country."
Shortly after Good was shot, Department of Homeland Security (DHS) spokesperson Tricia McLaughlin portrayed her as a “violent rioter" who had attempted to run over Ross with her car, which then-Secretary Kristi Noem claimed was an "act of domestic terrorism." But video evidence showed that her wheels were pointed away from the agent, indicating that she was attempting to leave.
Homeland Security adviser Stephen Miller similarly described Pretti, a 37-year-old intensive care nurse, another US citizen, as a "would-be assassin” while DHS said he showed up at a protest against ICE attempting to "massacre law enforcement" based on the fact that he was carrying a legal firearm when he was shot by two Customs and Border Protection (CBP) agents.
Videos showed that Pretti had intervened to stop agents from harming another protester and only held his phone during the confrontation, never reaching for his gun.
Sosa-Celis, a 24-year-old Venezuelan national, was called a "violent criminal alien" by DHS, which accused him and his two roommates of having attacked agent Christian Castro with snow shovels, leading Sosa-Celis to be shot in the leg through the door of the home.
Assault charges against him and his roommate were dropped by federal prosecutors after video and medical evidence showed that Castro had not been attacked. ICE Director Todd Lyons acknowledged that the agents had lied about the incident, and Castro has since been arrested after being charged by Moriarty's office as part of an independent investigation.
Neither Ross nor the two CBP agents who shot Pretti—Jesus Ochoa and Raymundo Gutierrez—have been charged.
Federal authorities have repeatedly rejected demands from Minnesota officials to cooperate with investigations into the three shootings and grant access to evidence and the ability to interview witnesses.
In the case of Pretti, agents blocked investigators with the Minnesota Bureau of Criminal Apprehension from entering the shooting scene after the BCA had obtained a search warrant and removed physical evidence before Minnesota investigators could document it. This included Pretti's gun, cellphone, and body camera footage, and other physical and digital evidence.
In March, Minnesota sued the Trump administration over its refusal to cooperate with the investigations, a lawsuit that was still ongoing as of Monday.
The federal government did not explain its sudden change of direction. The Associated Press described it as part of an agreement in which Minnesota agreed to share evidence it had collected in Castro's case if the federal government shared evidence it was withholding about the shootings of Good and Pretti.
Moriarty thanked the federal officials for "their willingness to consider changing course to share evidence and promote public trust."
But Minnesota Attorney General Keith Ellison emphasized that it "should never have taken this long."
"I remain deeply troubled that the federal government spent more than half a year attempting to conceal this evidence from state investigators," he said in a statement. "And I hope this is the beginning of a major course correction on the part of the federal government."
US Sen. Tina Smith (D-Minn.) agreed that "this took way too long" and said, "It's not enough."
"Minnesotans' trust has been fundamentally broken," she said. "There's a long way to go before we get true justice for ICE killing two of our neighbors."
The federal government's decision to turn over evidence to Minnesota officials came less than a week after an ICE agent shot and killed Lorenzo Salgado Araujo, a 52-year-old Mexican father in Houston, whom DHS claimed had attempted to attack officers with his car, only to once again be undermined by video and witness accounts.
DHS has acknowledged that it was not attempting to target Salgado for removal and had mistaken his van for someone else's.
Harris County District Attorney Sean Teare has said that, just like in Minnesota, the federal government was refusing to share evidence with local officials.
“The federal government has not invited us in,” Teare said. “The federal government is not collaborating with us with this investigation.”
On Monday, ICE agents killed another man in Maine, 26-year-old Colombian father Joan Sebastian Guerrero, who was reportedly shot several times after stopping his vehicle, according to video footage.
DHS Secretary Markwayne Mullin has said Guerrero “weaponized” his vehicle and attempted to ram officers. One eyewitness told Reuters they saw a federal SUV ram Guerrero's car.
According to Sen. Angus King (I-Maine), Mullin said that Guerrero, who was authorized to work in the US and had a Social Security number, was not the target of the warrant agents were executing.