Appointments

On Wednesday's Today show, NBC's Chuck Todd touted President Obama's "swiftness" in dealing with the controversy surrounding General Stanley McChrystal comments in Rolling Stone magazine as a "commander-in-chief moment," and hinted that it was a blessing in disguise, given the executive's tanking approval ratings.

Todd led the 7 am Eastern hour with his report on the President appointing General David Petraeus to replace General McChrystal, who was relieved of command following the Rolling Stone interview. The NBC White House correspondent remarked that with the Petraeus appointment, "the President signaled to his team, no more firestorms like this one will be tolerated." After playing a clip of Mr. Obama stating that he "won't tolerate division," he continued that "the President's aides don't expect there will be much division in the Senate, either, where some are predicting Petraeus will have the fastest confirmation in history, and the praise is bipartisan."

Later in the report, Todd used his "commander-in-chief moment" term as he emphasized the apparent good timing of the controversy and detailed the public's decreasing confidence in the President, according to NBC's own poll:

Far-left MSNBC ranter Ed Schultz just can't let facts get in the way of his rank partisanship and liberal propagandizing. His latest whopper, that Gen. Stanley McChrystal was "another problem [President Obama] inherited from the Bush administration," was blatantly untrue, and just earned him a "pants on fire" rating from Politifact.com.

Politifact, which has busted up other untruths propagated by media liberals, noted a valuable lesson for liberals and Democrats: "not everything can be blamed on President Bush." Indeed.

Not only did President Obama not "inherit" McChrystal's command from the previous administration, he "effectively sacked the general in charge to create a vacancy that he then proceeded to fill with McChrystal as his fix-it man," notes Politifact.

We applaud the folks at Politifact for checking Schultz's inane rantings. Welcome to our world!

Did you know that President Obama has nominated for a federal judgeship someone who believes a serial killer and rapist's "sexual sadism" should be a cause to give him a less serious punishment? Probably not, since the media have given it almost no coverage.

Robert Chatigny, nominated for the Second Circuit Court of Appeals, believes that sexual sadism should be what's known as a "mitigating factor" in determining guilt and punishment for murder and rape. Counterintuitive as it may be, he thinks sexual sadism should be cause for a lighter sentence.

On top of all this, today NewsBusters sister site CNS News reported that 13 years before Chatigny delayed the execution of one Michael Ross, a serial killer and rapist, he had served as Ross's private defense attorney. Apparently he forgot to recuse himself. Will the media report this tidbit?

Via the Associated Press (link may be dynamic and subject to change): 

A federal judge in New Orleans has blocked a six-month moratorium on new deepwater drilling projects that was imposed in response to the massive Gulf oil spill.

The White House says President Barack Obama's administration will appeal.

Several companies that ferry people and supplies and provide other services to offshore drilling rigs had asked U.S. District Judge Martin Feldman in New Orleans to overturn the moratorium.

This later paragraph from AP's breaking news report explains why I believe Ken Salazar's dissenting experts from the National Academy of Engineering may have influenced the judge's outlook on the case:

Feldman says in his ruling that the Interior Department failed to provide adequate reasoning for the moratorium. He says it seems to assume that because one rig failed, all companies and rigs doing deepwater drilling pose an imminent danger.

Feldman's take seems to mirror the language of the dissenting experts.

The presidential commission tasked with investigating the BP oil spill is so short on technical expertise and packed with left-leaning politicians and knee-jerk environmentalists that even the Associated Press's resident ClimateGate apologist Seth Borenstein is concerned.

On December 12, 2009, over two weeks after the ClimateGate e-mails first appeared, Borenstein wrote that "the exchanges don't undercut the vast body of evidence showing the world is warming because of man-made greenhouse gas emissions." What part of Kevin Trenberth's famous October 12, 2009 assertion that "The fact is that we can’t account for the lack of warming at the moment and it is a travesty that we can’t" did Seth not understand?

Nonetheless, non-skeptical Seth is somewhat taken aback at the lack of expertise in the spill commission's membership:

Obama spill panel big on policy, not engineering

The panel appointed by President Barack Obama to investigate the Gulf of Mexico oil spill is short on technical expertise but long on talking publicly about "America's addiction to oil." One member has blogged about it regularly.

Plenty of prominent media figures were upset with President Obama over his substandard address to the nation last night (full text). While most are distraught, none seem to be doing what should be the essential journalistic task of the day: pointing out all of the factual misstatements the president made.

So, in absence of a serious attempt at fact-checking from the legacy media, let us undertake some of our own.

In all, the president misrepresented the federal government's--and especially his cabinet's--role in creating the conditions that led to the spill, the state of the nation's oil reserves, and his own administration's involvement with BP. Futhermore, his transition from discussing the Gulf spill to advocating "clean energy" legislation was a huge logical leap, and one that necessarily misrepresents the problems the nation faces with regard to energy.

A tale of two disasters: On ABC’s Good Morning America this morning, weatherman Sam Champion’s piece included reaction from several residents of Florida, Alabama and Louisiana to President Obama’s oil spill speech, and found three outright critics and no defenders of the administration’s handling of the disaster. One woman exclaimed: “What I would have liked to heard from him – that he actually had a plan.”

The kindest review came from a man in Alabama who merely hoped the federal response would improve: “I think we're seeing a change in how he's handling the situation. And I hope it's for the better.”

Five years ago, after President Bush spoke in New Orleans a few weeks after Hurricane Katrina hit the Gulf coast, ABC assembled a focus group of six people displaced by the storm, and taking refuge in Houston’s Astrodome. But to the evident astonishment of ABC’s correspondent, not one member of that group would denounce President Bush, but instead leveled their criticism at local officials who failed to prepare the city ahead of time.

As NewsBuster’s Brent Baker reported at the time:

The Associated Press's Mark Sherman didn't try very hard to mask his true feelings on a couple of matters on which Obama Supreme Court nominee Elena Kagan was working on during the late 1990s.

The dictionary from which Sherman is working must have interesting definitions of "unsentimental" and "compassionate."

See for yourself in the first four paragraphs of the AP writer's report on what is known thus far from the documents provided by the Clinton Library relating to Ms. Kagan:

Has it dawned on the MSM that the only thing that would have carried any weight today would have been Joe Sestak unequivocally stating that he wasn't offered the Sec. of the Navy job?  He didn't.  Sure, Pres. Obama's mouthpiece issued a denial.  But if there was any way under heaven that the White House could have strong-armed Sestak into flatly stating that no one offered him the Navy post, it would have happened. It didn't.

Instead, all Sestak says is that Pres. Clinton offered him some measly advisory board position, which he rejected.  And indeed, Sestak tells a reporter that Clinton told him that "Rahm Emanuel" had mentioned the possibility of an advisory board position.  So we know Emanuel was in the mix. Sestak is quoted as saying that he only had "one phone call" with Pres. Clinton.  But he never said he didn't subsequently hear from Emanuel or some other senior Obama aide.

Just how desperately does the MSM want to bury the Sestak job-bribe story?  Yesterday we reported Time editor Rick Stengel's risibly feigned ignorance of the matter.

On Morning Joe today, Joe Scarborough broke off a colorful metaphor to describe the liberal media's see-no-evil approach to the subject, saying the MSM wouldn't cover the story "if Rahm Emanuel announced it in the middle of Pennsylvania Avenue wearing nothing but a Speedo."

Mika Brzezinski broached the subject by mentioning that she had gotten "hammered" by her husband and friends for her criticism of the MSM's failure to ask the tough questions on the matter.

On the one hand, you might say it was the least surprising coming-out since Ricky Martin announced he was gay. On the other, it was refreshing to hear Mika Brzezinski say words we knew to be true but at least in my case had never heard her unequivocally pronounce before: "I'm a Democrat."

Mika made her declaration in the context of arguing that just because she's a Democrat doesn't mean she shouldn't ask tough questions about the Sestak job-offer allegations or Pres. Obama's handling of the oil spill in the Gulf of Mexico.

Mika also took a surprising shot at her fellow MSMers for failing to ask the tough questions . . . 

President Obama's nominee to the United States Second Circuit Court of Appeals, Judge Robert N. Chatigny, holds a disturbing fringe opinion that sexual sadism should be a legal mitigating factor. In fact, Chatigny put this belief in action while presiding over the case against the "Roadside Strangler" where he did everything in his power to keep serial rapist and killer Michael Ross from getting the death penalty. (WARNING: DISTURBING CONTENT)

Make sure you read this post at the Eyeblast Blog for more details on Judge Chatigny.

Washington Post ombudsman Andrew Alexander responded online to yesterday’s NewsBusters post on Frum’s Tuesday Style section review of the new book Rush Limbaugh: An Army of One. Alexander wondered "Was Frum too biased to review book on Rush Limbaugh?"

He suggested the problem wasn’t Frum’s anti-Limbaugh bias, but that the Post should have disclosed something to readers about Frum’s record of lamenting Limbaugh -- such as suggesting he's "kryptonite" for Republicans. The book review editor claimed she was somehow unaware of their corporate cousin Newsweek’s "Why Rush Is Wrong" cover story last year:

Post Book World Editor Rachel Shea said she was unaware that Frum had written last year's critical Newsweek piece, which was headlined: "Why Rush is Wrong." But she said she was aware of debate Frum had stirred over how the GOP could best position itself with voters. And she said The Post chose Frum precisely because "it's no surprise where he was coming from."

Another day, another liberal meme.

Yesterday I tackled how Newsweek's Howard Fineman was attacking Kentucky Republican Senate nominee Rand Paul for picking a fight that the liberal media, in fact, was whipping up.

Today, it's Fineman colleague Ben Adler and his insistence that conservatives are fixated on smearing both Elena Kagan and softball players everywhere as gay.

Adler made his argument in his May 20 The Gaggle blog post, "What Is With Conservatives, Gays, and Softball" by picking apart a comment Fox Business Network's John Stossel made on Fox News Channel in which he defended Paul's comments regarding the Civil Rights Act of 1964.What annoyed Adler most was Stossel's quip that gay softball leagues, for example, should not be forced to admit straight players:

The gay softball team? The proverbial black student association has long been every anti-civil-rights pundit's favorite shibboleth, but why suddenly gay softball team? Do gay people have separate softball teams that don't allow straight people to play for them? If so, it's still an awfully random example. Oh wait, no it isn't, it's a dog whistle to everyone who thinks that women who play softball are gay, and that therefore Solicitor General Elena Kagan is gay. Stay classy, John. 

There are two problems with this. First and foremost, it was gay groups that first made a stink about an innocuous photo by the Wall Street Journal that was clearly selected as a clever tease for a story in the May 11 edition. The headline and caption for the Kagan-playing-softball photo were as follows:

Last Friday on TV, NPR legal reporter Nina Totenberg touted Obama Supreme Court nominee Elena Kagan as "spectacularly successful" -- twice. But that was mellow compared to her Tuesday report for Morning Edition, where she enthusiastically pitched her record as dean of Harvard Law School as a Superman legend (The audio valentine is here):  

NINA TOTENBERG: In some ways, the descriptions of Elena Kagan as dean sound a little bit like the beginning of the old "Superman" TV series.

INTRO TO OLD SUPERMAN TV SHOW: Superman, who can change the course of mighty rivers, bend steel in his bare hands!

TOTENBERG: Translate that to Harvard, and you can almost hear the music. (Superman music in background)

Kagan, who can raise money by the millions!

Kagan, who can end the faculty wars over hiring!

Kagan, who won the hearts of students!

In 2005, then-Senator Barack Obama cast doubt on President Bush's pick of Harriet Miers in part because "her [legal] experience does not include serving as a judge" and as such "we have yet to know her views on many of the critical constitutional issues facing our country today."

Yet five years later, after President Obama named his solicitor general -- who has also never served as a judge -- to the Supreme Court, the media are not picking up on the parallels between the Miers pick and Obama's choice of Elena Kagan.

Media Research Center President and NewsBusters Publisher Brent Bozell discussed this on today's "Fox & Friends" program in an interview via satellite shortly before 8:30 a.m. EDT [MP3 audio available here].:

Give that lady a Peabody!  

The Peabody folks claim they give their awards for "outstanding" journalism and "excellence."  So just how clueless do you have to be to qualify? Take Katty Kay, the BBC's chief US correspondent, in New York today to pick up her prize.  On Morning Joe, Kay got off a double-barreled dose of classic MSM-think:

1. She defended Elena Kagan's opposition to military recruiting on campus on the theory that the nominee is in the mainstream . . . of college deans.

2. Chatting with the man who made Third World micro-loans famous and who preaches business without profits, Kay fretted that the crash  "has not been long enough" to turn people off capitalism.

Appearing on the May 13 "Hannity" program for a "Media Mash" segment,  NewsBusters publisher Brent Bozell tackled the media coverage of the Elena Kagan nomination. After the Fox News host played some clips of network anchors focusing on how the Obama Court nominee loves opera, softball, and poker, Bozell noted it was par for the course.

While "from the moment he was nominated, [Clarence Thomas] was savaged," whenever a liberal is nominated by a Democratic president, the media label him or her a moderate and focus on humanizing them, Media Research Center President Brent Bozell noted.

[MP3 audio available here]

Also of note, Bozell argued, was how the media have been largely quiet about a promotional video the White House produced to gin up positive PR for Kagan:

In the latest example of a pattern of opacity, the White House has cut off the press's access to Supreme Court nominee Elena Kagan. Kagan has extensive ties to journalists, which only serves as a testament to this administration's determination to control the message on its major initiatives, including Kagan's nomination.

"Tell her we're deeply frustrated," one reporter told White House press secretary Robert Gibbs of the administration's refusal to grant Kagan a traditional interview with the press. Kagan did do a short interview with a White House staff member released only online, in what CBS White House correspondent Peter Maer called "Kagan 'in her own words' without anyone else's words."

Washington Examiner White House correspondent Julie Mason was harsher in her criticism. The White House interview "doesn't count toward the administration's 'accountability' totals," she wrote on the paper's Beltway Confidential blog. "It's just another campaign commercial, masquerading as openness."

Supreme Court nominee Elena Kagan wrote in a 1996 article entitled "Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine" that "redistribution of speech" is not "itself an illegitimate end" for government. 

As first reported by Matt Cover at the Media Research Center's news wing CNSNews.com, Kagan offers up this gem:

"If there is an ‘overabundance' of an idea in the absence of direct governmental action -- which there well might be when compared with some ideal state of public debate -- then action disfavoring that idea might ‘un-skew,' rather than skew, public discourse."

So if talk radio suffers from an "overabundance" of conservative voices, government action to "un-skew" this particular public discourse is just fine by her. 

Hello so-called "Fairness" Doctrine.  Not to mention Federal Communications Commission (FCC) Diversity Czar Mark Lloyd's liberally "skewed" interpretations of FCC "media diversity" and "localism" rules.

Brent Baker remembered NPR reporter Nina Totenberg found Judge John Roberts carried conservatism to wretched excess. On NPR's All Things Considered back in 2005, she prefaced “conservative” with three verys, describing him as “a very, very, very conservative man.” But in a taped soundbite on the next day's Good Morning America on ABC, she cut back to merely “a very, very conservative man.”

But Totenberg matched other media liberals in finding no measurable ideology in Elena Kagan when her nomination was announced. Within minutes (for the West Coast stations still in Morning Edition time), Totenberg could only exclaim Kagan was "was a star student at Princeton, at Oxford, at Harvard Law School -- then clerked for the man she calls her mentor, Supreme Court Justice Thurgood Marshall, who used to refer to her as Shorty."

CNN's Jack Cafferty expressed skepticism of President Barack Obama's nomination of Elena Kagan to the Supreme Court during a commentary on Tuesday's Situation Room. After outlining Kagan's elite background, Cafferty noted that many thought that "someone who has spent so much time in elite academic settings is out-of-touch with average Americans."

The CNN commentator began by pointing out a promised made by the President in the past: "President Obama promised us all Supreme Court candidates who can relate to the real world and how the law affects ordinary Americans, but there are questions about whether Elena Kagan fits that description. Kagan comes from a world unknown to most Americans: from Manhattan's Upper West Side, to Princeton University, and on to Harvard Law School."

60 Minutes journalist Lesley Stahl on Monday appeared on Morning Joe and touted Barack Obama's Supreme Court pick as a "mediator" who was chosen "in his image." The CBS correspondent enthused that a conciliator is "what [Obama] was." [Audio available here.]

Continuing the media spin that Elena Kagan might not be a liberal, Stahl proclaimed the judge's moderation: "And that he went for that instead of a brilliant ideological liberal to sort of balance Scalia."

In a seemingly contradictory moment, Stahl extolled, "I love that she's a woman and it's not a big deal." But, she then lobbied for a quota system for females on the court: "And we need to have six. We're halfway there."

At The New Yorker website (his other gig), CNN legal analyst Jeffrey Toobin explained that he is a longtime friend of Supreme Court nominee Elena Kagan and went to law school with her, even studied with her in a small group -- and yet, her political views are somehow a "mystery" to him. Not even liberals are buying this (take Matthew Yglesias at Think Progress). Toobin stated:

The justices are not really managers of people, certainly not in comparison to the dean of a major law school. Judgment, values, and politics are what matters on the Court. And here I am somewhat at a loss. Clearly, she’s a Democrat. She was a highly regarded member of the White House staff during the Clinton years, but her own views were and are something of a mystery. She has written relatively little, and nothing of great consequence.

In quite a contrast to the immediate tagging of the Bush and Obama Supreme Court nominees as “conservative” (and that includes Sonya Sotomayor), on Monday night ABC and NBC refrained from applying any ideological description to Supreme Court nominee Elena Kagan while CBS snuck in one. CBS's Jan Crawford declared “her career has put her solidly on the left,” but contended “she will have significant conservative support among academics and lawyers” and warned “that support alarms some liberals.”

Amongst the non-ideological superlatives: ABC's Diane Sawyer trumpeted the “historic nomination” of the “five foot three inch powerhouse,” CBS's Crawford insisted “her interests reflect her openness. She loves softball and poker” (poker reflects “openness”?) and NBC's Pete Williams hailed her as an “accomplished poker player, opera lover.”

ABC, CBS and NBC all highlighted Kagan's high school yearbook picture of her in a robe and holding a gavel (ABC's Moran: “Even in high school, check out her yearbook photo here, she had her sights set on the high court”), but none pointed out the explicitly very liberal polemical points she made just a year or two later, nor did CNN's The Situation Room.

On Monday's GMA, ABC's George Stephanopoulos dealt with the Elena Kagan Supreme Court nomination by interviewing former Obama official Greg Craig, but no one from the conservative/Republican side as a guest. The anchor did raise potential threats to Kagan's nomination, but failed to follow through when Craig omitted a key detail about the nominee's anti-military record as dean of Harvard Law School.

Stephanopoulos led off the interview, which began 8 minutes into the 7 am Eastern hour, with a softball question: "What's the single thing that impresses President Obama most about Kagan?" After the former White House counsel and former Clinton administration official played up Kagan's allegedly "extraordinary" amount of experience, the ABC anchor then asked, "What do you think is the single greatest threat to her nomination- to confirmation?"

During ABC’s live coverage of President Obama’s nomination of Elena Kagan to the Supreme Court, Diane Sawyer and a quartet of correspondents failed to find a single thing to criticize about the new nominee. Instead, Sawyer touted it as a “history making day” (although why is unclear, since she's the fifth woman to be nominated), and touted Kagan as a feminist “trailblazer” and a “conciliator” between “the conservative and liberal wings of the Court.”

Good Morning America co-anchor George Stephanopoulos agreed Kagan had a “reputation for bringing conservatives and liberals together,” and recounted how he and Kagan worked side-by-side in Bill Clinton’s White House: “She does have a great temperament, very easy-going, a good sense of humor.” Then, as Kagan and President Obama strode to the podium, Sawyer quoted the nominee complimenting herself: “We had a soundbite from her saying she had a reputation for being a very good teacher.”

When Supreme Court Justice John Paul Stevens announced his retirement, President Obama promised he would appoint someone like Stevens, who “knows that in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens.”

In the world of politics, that phrase is self-explanatory. In the cultural arena, it’s more murky. When it comes to First Amendment cases on broadcast indecency, who is the “powerful interest” and who was the “ordinary citizen”? The roles are now reversed.

The president can’t use that analogy, because the powerful interests are now in Hollywood, facing the millions of regular Americans who oppose graphic violence, gratuitous sex, and avoidable profanity on television. Sadly, judges like Stevens have labored ever harder to protect perverse televised “expression” like orgy scenes or “wardrobe malfunctions” on CBS as somehow the sun-kissed summit of all free-speech causes.

National Public Radio correspondent Nina Totenberg severely misquoted a conservative legal scholar to make it seems as if he considered Clarence Thomas a radical Supreme Court justice. An examination of his full statement clearly demonstrates that this was not what he actually said.

In an April 16 NPR segment, Totenberg, picture right in a file photo, sought to paint radical Berkeley law professor, and Obama nominee to the Ninth Circuit U.S. Court of Appeals, as the left's equivalent to Justice Thomas. She quoted Curt Levey, executive director of the conservative Committee for Justice as saying "Goodwin Liu is not your typical liberal. He’s very far out on the left wing, even in academia. So I think you could think of Liu as the Democratic Clarence Thomas." (Audio embedded below the fold.)

But the spliced audio in Totenberg's segment actually mis-represented what Levey said. He was not comparing Liu's and Thomas's stances on constitutional law. Here is his full statement, according to Big Journalism's Matthew Vadum (italicized portions quoted by Totenberg):

On Thursday's Good Morning America, ABC journalist Sam Donaldson touted a liberal hero for the Supreme Court, one that even made George Stephanopoulos chuckle: Al Gore. After arguing that Barack Obama should choose a politician, Donaldson enthused, "Let's go further...I give you Al Gore." [Audio available here.]

The veteran reporter, who was participating in GMA's Morning Mix panel, argued his case for the former Democratic presidential nominee: "He's 62. But, he's still a few years kicking [sic]. I think he's confirmable, although there would be a fight to some extent. I think he might make a very good justice."

Stephanopoulos, a former Democratic operative, incredulously responded, "There would be a massive fight!" He then broke out laughing. Donaldson, perhaps realizing the unlikely nature of this liberal fantasy, conceded, "I said to some extent." He, too, started laughing.