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The Ninth Circuit’s Stay On Trump’s Immigration Order Is Legal Garbage

It’s clear the judges went through the exercise of writing an opinion so they could get to the outcome they wanted. The problem is, the outcome they wanted is, legally speaking, wrong.

The Trump administration confirmed Sunday they are considering issuing new executive orders about immigration now that courts have halted an initial order restricting travel from seven countries. “The president’s powers here are beyond question,” said Trump aide Stephen Miller, responding to court orders to the contrary. The administration is also considering accelerating the action to the U.S. Supreme Court.

Most significantly, on February 9, a three-judge panel of the Ninth Circuit Court of Appeals upheld a lower-court temporary restraining order (“TRO”) which held that the U.S. government could not enforce President Trump’s executive order on immigration.

The ruling is no surprise. Two of the judges were appointed by presidents Carter and Obama. And it is the Ninth Circuit, which is not exactly a hotbed of conservative thought. After hearing the oral arguments, my only question was whether it would be a 2-1 ruling against President Trump, or a 3-0 ruling. Turns out, we’re not even 100 percent sure on that front (more on that later).

More surprising was just how sloppy the opinion was. It was weak on facts. Weak on law. Weak on analysis. Heavy on conjecture and supposition and misspeak. It’s clear the judges were simply going through the exercise of writing an opinion so they could get to the outcome they wanted. The problem is, the outcome they wanted is, legally speaking, wrong.

What Legal Standard to Follow

Traditionally, courts have respected the separation of powers doctrine, which provides that Congress and the president have exclusive authority to regulate immigration and handle sensitive matters of national security. Courts have generally shied away from interfering in these areas, which is why the Guantanamo Bay detention facility continues to hold prisoners involved in 9/11. Especially on national security matters, courts generally stay out of the discussion. This court did not. It jumped right in and provided an incorrect and misguided analysis.

One of the first things you learn in law school is to determine the proper standard of review when looking at a case. On page 13 of the opinion, the Ninth Circuit Court stated it is “an uncontroversial principle” that it must give “substantial deference to the immigration and national security policy determinations of the political branches.” However, by page 14, the court made deference to the executive branch seem like a mere suggestion.

By page 16, reference was only encouraged where a court lacked information on the subject matter and could be avoided completely “to secure the protection that the Constitution grants to individuals, even in times of war.” By page 18, under the title “Legal Standard,” the court did away with the concept of deference all together, deciding to analyze the case just as it would with a normal TRO. So much for consistency, or following the long-established law.

What Does the Law Say?

Next, generations of law professors teach lawyers to look to the controlling law to provide guidance on what an appropriate outcome should be. Here, the law is very clear. In 8 USC 1182(f), passed in 1952, Congress gave the president the power to “suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate” “whenever the President finds that the entry . . . [of such persons] would be detrimental to the interests of the United States.” This is plain as day. It’s been enforced since 1952. Unless the court somehow found this law to be unconstitutional, it is very clear that President Trump’s executive order was on firm footing.

Unfortunately, the court didn’t mention this law even once in its 29-page opinion. It didn’t even hint at the law’s existence as the basis for the executive order, even though multiple presidents (including President Obama) used the same law to exclude entire classes of people from the country, and the executive order referenced the law multiple times.

Instead of focusing on the strong powers granted the president by relevant law that has been found valid for the past 65 years, the court chose to focus on the specific constitutionality of the executive order itself, as if it had no legal basis whatsoever.

Do Noncitizens Have Constitutional Rights?

So, the question the court asked was whether the Trump administration could prove that its order complied with the Constitution’s Due Process clause. However, it is not at all clear that the persons affected by the executive order even have constitutional rights. Of course, that wasn’t going to stop this court.

The court said that permanent resident aliens (those with a green card) likely had some constitutional rights. The Trump administration clarified that the executive order would not apply to those with green cards. Did the court give “substantial deference” to the administration’s statement? Nope. Instead, it questioned whether the White House counsel was authorized to make such a statement, or had the authority to enforce it. They questioned why President Trump didn’t draft a new executive order. They even went so far as to imply that President Trump may be lying until after the hearing was over to fool the court. “Substantial deference,” my eye.

The court then went on to say that the executive order would violate the constitutional rights of those who hold visas, illegal immigrants, and merely “want” to someday come to the United States but don’t yet have a visa. When the Trump administration pointed out the Constitution did not necessarily provide these individuals any rights, the court admitted that these people only had “potential claims regarding possible due process rights.” But, then, utilizing the exact opposite of “substantial deference,” the court held that it’s reasoning in matters of immigration and national security was more valid than the Trump administration’s because of these “potential claims” and “possible rights.”

The government argued that the TRO was overly broad and extended protections to those who have no constitutional rights. The court actually agreed, stating “there might be persons covered by the TRO who do not have viable [constitutional] claims.” But the court didn’t really care, saying “it is not our role” to limit the TRO. It demanded President Trump re-write the executive order to fit the overly-broad TRO, rather than limit the defective TRO to something even approximating a lawful order.

The Court’s Balancing Test Puts Your Safety in the Last Place

This is where you should begin to get angry. After the court found it likely that Trump’s executive order violated constitutional rights of people who have no constitutional rights, it put those make-believe “rights” ahead of the country’s national security, and your right to be safe in your home, workplace, and place of worship. The court put the rights of the following people ahead of your safety:

  • Two visiting scholars (one without a visa) who wanted to spend time at Washington State University;
  • Three “prospective employees” of the University of Washington who had no visas; and
  • Two medicine and science interns without visas.

Yes, the court found that the make-believe “rights” of seven people (only one of which actually had a visa, and none of which were in the country) trump your right to live free and without fear. Their “rights” trump the national security interests of the U.S. government and its 300 million citizens. This is 100 percent wrong.

When presented with the fact that all seven countries Trump’s executive order affected were labeled “countries of concern” by the Obama administration (more than 60 terrorism-related arrests have occurred since 9/11 involving citizens of these countries), the court essentially said it didn’t care. Unless it was presented with something really juicy, like intelligence it has no authority to view, it would give no deference to the government’s argument that national security concerns must be taken into account. It’s a shameful and sad outcome.

What the Court Should Have Done

The right outcome is pretty simple and doesn’t take 29 pages to extrapolate. The analysis should have gone something like this:

“It’s clear that Congress has given the president significant powers to exclude foreigners from immigrating to the United States when he believes such immigration would be detrimental to the national interest. This law is legal and has been used by presidents for the last 65 years. President Trump made the determination that citizens from seven different countries that have sponsored terrorism worldwide pose a security concern to the United States and its citizens. The appropriate legal standard shows we must give President Trump’s decision substantial deference. Reviewing President Trump’s actions with substantial deference, it is clear that the order is legal, valid, and meant to protect the United States and its citizens from harm.”

The fact the analysis didn’t go that route and needed 29 pages to misspeak, contradict, and misinterpret its way to an improper decision that puts us all at risk, should give us all pause. Do you want to know what’s even lousier? As a per curium order, none of the three judges even had the courage to sign his or her name.

Cameron Kinvig is a lawyer who lives in Dallas, Texas. Cameron was president of the Dallas chapter of the Federalist Society for three years, and general counsel to the Dallas County Republican Party for five years. He also worked on ballot integrity efforts for the McCain and Romney campaigns and the Republican National Lawyers Association.

WATCH: Former Marine Posts Warning From Iraq After Travel Ban Uproar

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A former U.S. Marine who works as a private security contractor took to Facebook to warn of the dangers Americans still, face in Iraq.

Steven Gern’s video, which was posted from Iraq and has been viewed more than 44 million times, came just a few days after President Trump’s executive order triggered massive protests at U.S. airports.

The order temporarily banned travel from seven Muslim-majority countries, including Iraq, Iran, and Syria.

Gern relayed a short message about conversations he had with the controversial order with Iraqis. He said he asked them what would happen if he, an American, “went out in town.”

“[I asked] would I be welcome? And they instantly said, ‘Absolutely not. You would not be welcome,'” Gern recalled.

“And I said, ‘OK. What would happen if I went out in town?’ And they said the locals would snatch me up and kill me within an hour,” said Gern, adding that he what their answer would be.

Gern said he wanted to let Americans back home know what’s going on in one of the countries covered by the order, which has now been struck down by the courts.

“This is the local populace that would do this. This isn’t ISIS, this isn’t al Qaeda,” he added.

He said he then asked, “if you would do this to me in your country, why would I let you in my country?”

Gern said many Americans are “naive” about how people in Iraq and other countries actually feel about Americans.

Trump has argued that the ban is necessary for national security in order to make sure “extreme vetting” procedures are enacted.

What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions, can come into U.S.?

After the post went viral, the Dallas native was informed by his private security contractor that he would need to return to the United States because his life was in danger, FOX Dallas reported.

Gern said that he saw firsthand that our enemies in Iraq and Afghanistan are “very good at manipulation,” so “extreme vetting” is absolutely necessary.

“They can tell you what they want you to hear and they can keep that up for many, many years,” Gern said. “And then, eventually when it’s time, they’ll do what they believe is right.”

“If that is to hurt an American – or hurt many of us at one time – they’re going to do it.”

Betcha Didn’t Know Abraham Lincoln Was An Inventor

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Of the 45 persons who have served as president, only one ever received a Letters Patent for an invention: a man whose 208th birthday we commemorate on the twelfth of this month. A week after retiring from Congress, Abraham Lincoln filed a patent application for his invention “Buoying Vessels over Shoals,” an inflatable floatation device for freeing a river boat run aground in shallow water.

The Patent Office issued Lincoln’s patent 6,469 a few months later on May 22, 1849. Lincoln conceived his side-mounted hull bellows from knowledge gained as a circuit lawyer in Illinois on behalf of conflicting transportation interests. As the citizenry expanded westward, these means included river vessels and railroads, particularly at bridge intersections. Despite the effort he put into it, Lincoln’s bellows were never commercialized, and controversy lingers as to whether his concept would have successfully functioned.

America in the nineteenth century exhibited an inventive spirit, particularly in agriculture where most people gained their livelihood. The sparseness of rural population necessitated mechanization for grain crops in the Midwest, particularly for harvesting.

Cyrus McCormick and John Manny were the most famous producers of reaping machines. In 1855, the former sued the latter for $400,000 over infringement on two patents. With public attention on the upcoming courtroom battle, both sides hired big-league legal teams. Among others, McCormick retained the future Secretary of State William H. Seward from New York, while Manny retained the future Secretary of War Edwin M. Stanton from Philadelphia.

Because McCormick v. Manny was to be tried in Chicago, Manny’s lawyers decided to hire a member of the Illinois bar, selecting an obscure attorney from Springfield. Lincoln’s unpolished speech, ill-fitting clothing, and back-woodsman appearance dismayed the defense team to such extent that Stanton described him as “a damned gawky long-armed ape.” The venue transferred to Cincinnati, enabling Stanton to personally present arguments in court, which resulted in a favorable bench verdict.

The “Reaper” patent infringement suit marked a turning point for Lincoln, despite his sidelined participation. Uninformed of the venue’s change, Lincoln labored on legal arguments in a lengthy brief, which was summarily discarded, unread. Nonetheless, Lincoln listened with rapt attention to Stanton’s arguments in court, later reporting to Ralph Waldo Emerson that he would return home “to study law,” recognizing that “these college-trained men are coming West… [with] all the advantages of a life-long training in the law… and when they appear [in Illinois] I will be ready.”

Learning from the experience, Lincoln honed his skills for the important navigation case Hurd v. Rock Island Railroad in 1857. Effie Afton, a modern steamboat, collided with the Rock Island Bridge, built in 1856 and the first bridge to span the Mississippi River. The steamboat sank, and her owner declared the bridge a hazard to river traffic. Lincoln argued on behalf the railroad and won.

At a lecture in 1859, Lincoln expressed his appreciation of technical advancements and the need to reward such endeavors: “[C]ertain inventions and discoveries occurred, of particular value, on account of their great efficiency in facilitating all other inventions and discoveries. Of these were the arts of writing and of printing – the discovery of America, and the introduction of Patent laws. The date of the first… was as much as fifteen hundred years before the Christian era; the second – printing – came in 1436…. The others followed more rapidly – the discovery of America in 1492, and the first patent laws… in England in 1624, and in this country, with the adoption of our constitution. Before then, any man might instantly use what another had invented, so that the inventor had no special advantage from his own invention. The patent system changed this, secured to the inventor, for a limited time, the exclusive use of his invention, and thereby added to the fuel of interest to the fire of genius, in the discovery, and production of new and useful things.”

The inventive mind of his predecessor Thomas Jefferson envisioned many practical innovations, but that Founding Father had eschewed developing his ideas for market. By contrast, Lincoln preferred rewarding creative people with enforceable incentives to encourage further advancements.

Incidentally, participation on Manny’s team on the “Reaper” case also benefited Lincoln financially. He received a $2,000 fee, which he split with his partner William Herndon. Lincoln used a portion of his share to build a house in Springfield that his wife Mary Todd had wanted. The remainder of the fee enabled Lincoln to debate with Stephen Douglas in their 1858 election bids for the Senate, thereby opening Lincoln’s path to the White House. The notoriety from these debates catapulted him to the Republican nomination in 1860. The rest, as they say, is history.

G. W. Thielman has bachelor’s and master’s degrees in engineering. He is currently employed as a patent attorney and lives in Fredericksburg, Virginia. His opinions are his own.

16 Fake News Stories Reporters Have Run Since Trump Won

Since at least Donald Trump’s election, our media have been in the grip of an astonishing, self-inflicted crisis. Despite Trump’s constant railing against the American press, there is no greater enemy of the American media than the American media. They did this to themselves.

We are in the midst of an epidemic of fake news. There is no better word to describe it than “epidemic,” insofar as it fits the epidemiological model from the Centers for Disease Control: this phenomenon occurs when “an agent and susceptible hosts are present in adequate numbers, and the agent can be effectively conveyed from a source to the susceptible hosts.”

The “agent” in this case is hysteria over Trump’s presidency, and the “susceptible hosts” are a slipshod, reckless, and breathtakingly gullible media class that spread the hysteria around like—well, like a virus.

It is difficult to adequately sum up the breadth of this epidemic, chiefly because it keeps growing: day after day, even hour after hour, the media continue to broadcast, spread, promulgate, publicize, and promote fake news on an industrial scale. It has become a regular part of our news cycle, not distinct from or extraneous to it but a part of it, embedded within the news apparatus as a spoke is embedded in a bicycle wheel.

Whenever you turn on a news station, visit a news website, or check in on a journalist or media personality on Twitter or Facebook, there is an excellent chance you will be exposed to fake news. It is rapidly becoming an accepted part of the way the American media are run.

How we will get out of this is anyone’s guess. We might not get out of it, not so long as Trump is president of these United States. We may be up for four—maybe eight!—long years of authentic fake news media hysteria. It is worth cataloging at least a small sampling of the hysteria so far. Only when we fully assess the extent of the media’s collapse into ignominious ineptitude can we truly begin to reckon with it.

Since Trump’s election, here’s just a small sampling of fake news that our media and our journalist class have propagated.

Early November: Spike in Transgender Suicide Rates

After Trump’s electoral victory on November 8, rumors began circulating that multiple transgender teenagers had killed themselves in response to the election results. There was no basis to these rumors. Nobody was able to confirm them at the time, and nobody has been able to confirm in the three months since Trump was elected.

Nevertheless, the claim spread far and wide: Guardian writer and editor-at-large of Out Zach Stafford tweeted the rumor, which was retweeted more than 13,000 times before he deleted it. He later posted a tweet explaining why he deleted his original viral tweet; his explanatory tweet has shared a total of seven times. Meanwhile, PinkNews writer Dominic Preston wrote a report on the rumors, which garnered more than 12,000 shares on Facebook.

At Mic, Matthew Rodriguez wrote about the unsubstantiated allegations. His article was shared more than 55,000 times on Facebook. Urban legend debunker website Snopes wrote a report on the rumors and listed them as “unconfirmed” (rather than “false”). Snopes’s sources were two Facebook posts since deleted, that offered no helpful information regarding the location, identity, or circumstances of any of the suicides. The Snopes report was shared 19,000 times.

At Reason, writer Elizabeth Nolan Brown searched multiple online databases to try to determine the identities or even the existence of the allegedly suicidal youth. She found nothing. As she put it: “[T]eenagers in 2016 don’t just die without anyone who knew them so much as mentioning their death online for days afterward.”

She is right. Just the same, the stories hyping this idea garnered at least nearly 100,000 shares on Facebook alone, contributing to the fear and hysteria surrounding Trump’s win.

November 22: The Tri-State Election Hacking Conspiracy Theory

On November 22, Gabriel Sherman posted a bombshell report at New YorkMagazine claiming that “a group of prominent computer scientists and election lawyers” were demanding a recount in three separate states because of “persuasive evidence that [the election] results in Wisconsin, Michigan, and Pennsylvania may have been manipulated or hacked.” The evidence? Apparently, “in Wisconsin, Clinton received 7 percent fewer votes in counties that relied on electronic-voting machines compared with counties that used optical scanners and paper ballots.”

The story went stratospherically viral. It was shared more than 145,000 times on Facebook alone. Sherman shared it on his Twitter feed several times, and people retweeted his links to the story nearly 9,000 times. Politico’s Eric Geller shared the story on Twitter as well. His tweet was retweeted just under 8,000 times. Dustin Volz from Reuters shared the link; he was retweeted nearly 2,000 times. MSNBC’s Joy Reid shared the story and was retweeted more than 4,000 times. New York Times opinion columnist Paul Krugman also shared the story and was retweeted about 1,600 times.

It wasn’t until the next day, November 23, that someone threw a little water on the fire. At FiveThirtyEight, Nate Silver explained that it was “demographics, not hacking” that explained the curious voting numbers. “Anyone making allegations of a possible massive electoral hack should provide proof,” he wrote, “and we can’t find any.” Additionally, Silver pointed out that the New York Magazine article had misrepresented the argument of one of the computer scientists in question.

At that point, however, the damage had already been done: Sherman, along with his credulous tweeters and retweeters, had done a great deal to delegitimize the election results. Nobody was even listening to Silver, anyway: his post was shared a mere 380 times on Facebook, or about one-quarter of 1 percent as much as Sherman’s. This is how fake news works: the fake story always goes viral, while nobody reads or even hears about the correction.

December 1: The 27-Cent Foreclosure

At Politico on December 1, Lorraine Woellert published a shocking essay claiming that Trump’s pick for secretary of the Treasury, Steve Mnuchin, had overseen a company that “foreclosed on a 90-year-old woman after a 27-cent payment error.” According to Woellert: “After confusion over insurance coverage, a OneWest subsidiary sent [Ossie] Lofton a bill for $423.30. She sent a check for $423. The bank sent another bill, for 30 cents. Lofton, 90, sent a check for three cents. In November 2014, the bank foreclosed.”

The story received widespread coverage, being shared nearly 17,000 times on Facebook. The New York Times’s Steven Rattner shared it on Twitter (1,300 retweets), as did NBC News’s Brad Jaffy (1,200 retweets), the AP’s David Beard (1,900 retweets) and many others.

The problem? The central scandalous claims of Woellert’s article were simply untrue. As the Competitive Enterprise Institute’s Ted Frank pointed out, the woman in question was never foreclosed on, and never lost her home. Moreover, “It wasn’t Mnuchin’s bank that brought the suit.”

Politico eventually corrected these serious and glaring errors. But the damage was done: the story had been repeated by numerous media outlets including Huffington Post (shared 25,000 times on Facebook), the New York PostVanity Fair, and many others.

January 20: Nancy Sinatra’s Complaints about the Inaugural Ball

On the day of Trump’s inauguration, CNN claimed Nancy Sinatra was “not happy” with the fact that the president and first lady’s inaugural dance would be to the tune of Frank Sinatra’s “My Way.” The problem? Nancy Sinatra had never said any such thing. CNN later updated the article without explaining the mistake they had made.

January 20: The Nonexistent Climate Change Website ‘Purge’

Also on the day of the inauguration, New York Times writer Coral Davenport published an article on the Times’s website whose headline claimed that the Trump administration had “purged” any “climate change references” from the White House website. Within the article, Davenport acknowledged that the “purge” (or what she also called “online deletions”) was “not unexpected” but rather part of a routine turnover of digital authority between administrations.

To call this action a “purge” was thus at the height of intellectual dishonesty: Davenport was styling the whole thing as a kind of digital book-burn rather than a routine part of American government. But of course, that was almost surely the point. The inflammatory headline was probably the only thing that most people read the article, doubtlessly leading many readers (the article was shared nearly 50,000 times on Facebook) to believe something that simply wasn’t true.

January 20: The Great MLK Jr. Bust Controversy

On January 20, Time reporter Zeke Miller wrote that a bust of Martin Luther King Jr. had been removed from the White House. This caused a flurry of controversy on social media until Miller issued a correction. As Time put it, Miller had apparently not even asked anyone in the White House if the bust had been removed. He simply assumed it had been because “he had looked for it and had not seen it.”

January 20: Betsy DeVos, Grizzly Fighter

During her confirmation hearing, education secretary nominee Betsy DeVos was asked whether schools should be able to have guns on their campuses. As NBC News reported, DeVos felt it was “best left to locales and states to decide.” She pointed out that one school in Wyoming had a fence around it to protect the students from wildlife. “I would imagine,” she said, “that there’s probably a gun in the school to protect from potential grizzlies.”

This was an utterly noncontroversial stance to take. DeVos was simply pointing out that different states and localities have different needs, and attempting to mandate a nationwide one-size-fits-all policy for every American school is imprudent.

How did the media run with it? By lying through their teeth. “Betsy DeVos Says Guns Should Be Allowed in Schools. They Might Be Needed to Shoot Grizzlies” (Slate). “Betsy DeVos: Schools May Need Guns to Fight Off Bears” (The Daily Beast). “Citing grizzlies, education nominee says states should determine school gun policies” (CNN). “Betsy DeVos says guns in schools may be necessary to protect students from grizzly bears” (ThinkProgress.) “Betsy DeVos says guns shouldn’t be banned in schools … because of grizzly bears” (Vox). “Betsy DeVos tells Senate hearing she supports guns in schools because of grizzly bears” (The Week). “Trump’s Education Pick Cites ‘Potential Grizzlies’ As A Reason To Have Guns In Schools” (BuzzFeed).

The intellectual dishonesty at play here is hard to overstate. DeVos never said or even intimated that every American school or even very many of them might need to shoot bears. She merely used one school as an example of the necessity of federalism and as-local-as-possible control of the education system.

Rather than report accurately on her stance, these media outlets created a fake news event to smear a reasonable woman’s perfectly reasonable opinion.

January 26: The ‘Resignations’ At the State Department

On January 26, the Washington Post’s Josh Rogin published what seemed to be a bombshell report declaring that “the State Department’s entire senior management team just resigned.” This resignation, according to Rogin, was “part of an ongoing mass exodus of senior Foreign Service officers who don’t want to stick around for the Trump era.” These resignations happened “suddenly” and “unexpectedly.” He styled it as a shocking shake-up of administrative protocol in the State Department, a kind of ad-hoc protest of the Trump administration.

The story immediately went sky-high viral. It was shared nearly 60,000 times on Facebook. Rogin himself tweeted the story out and was retweeted a staggering 11,000 times. Washington Post columnist Anne Applebaum had it retweeted nearly 2,000 times; journalists and writers from Wired, The Guardian, the Washington Post, BloombergABC, Foreign Policy, and other publications tweeted the story out in shock.

There was just one problem: the story was more a load of bunk. As Vox pointed out, the headline of the piece was highly misleading: “the word ‘management’ strongly implied that all of America’s top diplomats were resigning, which was not the case.” (The Post later changed the word “management” to “administrative” without noting the change, although it left the “management” language intact in the article itself).

More importantly, Mark Toner, the acting spokesman for the State Department, put out a press release noting that “As is standard with every transition, the outgoing administration, in coordination with the incoming one, requested all politically appointed officers submit letters of resignation.” According to CNN, the officials were actually asked to leave by the Trump administration rather than stay on for the customary transitional few months. The entire premise of Rogin’s article was essentially nonexistent.

As always, the correction received far less attention than the fake news itself: Vox’s article, for instance, was shared around 9,500 times on Facebook, less than one-sixth the rate of Rogin’s piece. To this day, Rogin’s piece remains uncorrected regarding its faulty presumptions.

January 27: The Photoshopped Hands Affair

On January 27, Observer writer Dana Schwartz tweeted out a screenshot of Trump that, in her eyes, proved President Trump had “photoshopped his hands bigger” for a White House photograph. Her tweet immediately went viral, being shared upwards of 25,000 times. A similar tweet by Disney animator Joaquin Baldwin was shared nearly 9,000 times as well.

The conspiracy theory was eventually debunked, but not before it had been shared thousands upon thousands of times. Meanwhile, Schwartz tweeted that she did “not know for sure whether or not the hands were shopped.” Her correction tweet was shared a grand total of…11 times.

January 29: The Reuters Account Hoax

Following the Quebec City mosque massacre, the Daily Beast published a story that purported to identify the two shooters who had perpetrated the crime. The problem? The story’s source was a Reuters parody account on Twitter. Incredibly, nobody at the Daily Beast thought to check the source to any appreciable degree.

January 31: The White House-SCOTUS Twitter Mistake

Leading up to Trump announcing his first Supreme Court nomination, CNN Senior White House Correspondent Jeff Zeleny announced that the White House was “setting up [the] Supreme Court announcement as a prime-time contest.” He pointed to a pair of recently created “identical Twitter pages” for a theoretical justices Neil Gorsuch and Thomas Hardiman, the two likeliest nominees for the court vacancy.

Zeleny’s sneering tweet—clearly meant to cast the Trump administration in an unflattering, circus-like light—was shared more than 1,100 times on Twitter. About 30 minutes later, however, he tweeted: “The Twitter accounts…were not set up by the White House, I’ve been told.” As always, the admission of a mistake was shared far less than the original fake news: Zeleny’s correction was retweeted a paltry 159 times.

January 31: The Big Travel Ban Lie

On January 31, a Fox affiliate station out of Detroit reported that “A local business owner who flew to Iraq to bring his mother back home to the US for medical treatment said she was blocked from returning home under President Trump’s ban on immigration and travel from seven predominately Muslim nations. He said that while she was waiting for approval to fly home, she died from an illness.”

Like most other sensational news incidents, this one took off, big-time: it was shared countless times on Facebook, not just from the original article itself (123,000 shares) but via secondary reporting outlets such as the Huffington Post (nearly 9,000 shares). Credulous reporters and media personalities shared the story on Twitter to the tune of thousands and thousands of retweets, including: Christopher Hooks, Gideon Resnick, Daniel Dale, Sarah Silverman, Blake Hounshell, Brian Beutler, Garance Franke-Ruta, Keith Olbermann (he got 3,600 retweets on that one!), Matthew Yglesias, and Farhad Manjoo.

The story spread so far because it gratified all the biases of the liberal media elite: it proved that Trump’s “Muslim ban” was an evil, racist Hitler-esque mother-killer of an executive order.

There was just one problem: it was a lie. The man had lied about when his mother died. The Fox affiliate hadn’t bothered to do the necessary research to confirm or disprove the man’s account. The news station quietly corrected the story after giving rise to such wild, industrial-scale hysteria.

February 1: POTUS Threatens to Invade Mexico

On February 1, Yahoo News published an Associated Press report about a phone call President Trump shared with Mexican president Enrique Pena Nieto. The report strongly implied that President Trump was considering “send[ing] U.S. troops” to curb Mexico’s “bad hombre” problem, although it acknowledged that the Mexican government disagreed with that interpretation. The White House later re-affirmed that Trump did not have any plan to “invade Mexico.”

Nevertheless, Jon Passantino, the deputy news director of BuzzFeed, shared this story on Twitter with the exclamation “WOW.” He was retweeted 2,700 times. Jon Favreau, a former speechwriter for Barack Obama, also shared the story, declaring: “I’m sorry, did our president just threaten to invade Mexico today??” Favreau was retweeted more than 8,000 times.

Meanwhile, the Yahoo News AP post was shared more than 17,000 times on Facebook; Time’s post of the misleading report was shared more than 66,000 times; ABC News posted the story and it was shared more than 20,000 times. On Twitter, the report—with the false implication that Trump’s comment was serious—was shared by media types such as ThinkProgress’s Judd Legum, the BBC’s Anthony Zurcher, Vox’s Matt Yglesias, Politico’s Shane Goldmacher, comedian Michael Ian Black, and many others.

February 2: Easing the Russian Sanctions

Last week, NBC News national correspondent Peter Alexander tweeted out the following: “BREAKING: US Treasury Dept easing Obama admin sanctions to allow companies to do transactions with Russia’s FSB, successor org to KGB.” His tweet immediately went viral, as it implied that the Trump administration was cozying up to Russia.

A short while later, Alexander posted another tweet: “Source familiar [with] sanctions says it’s a technical fix, planned under Obama, to avoid unintended consequences of cyber sanctions.” As of this writing, Alexander’s fake news tweet has approximately 6,500 retweets; his clarifying tweet has fewer than 250.

At CNBC, Jacob Pramuk styled the change this way: “Trump administration modifies sanctions against Russian intelligence service.” The article makes it clear that, per Alexander’s source, “the change was a technical fix that was planned under Obama.” Nonetheless, the impetus was placed on the Trump administration. CBS News wrote the story up in the same way. So did the New York Daily News.

In the end, unable to pin this (rather unremarkable) policy tweak on the Trump administration, the media have mostly moved on. As the Chicago Tribune put it, the whole affair was yet again an example of how “in the hyperactive Age of Trump, something that initially appeared to be a major change in policy turned into a nothing-burger.”

February 2: Renaming Black History Month

At the start of February, which is Black History Month in the United States, Trump proclaimed the month “National African American History Month.” Many outlets tried to spin the story in a bizarre way: TMZ claimed that a “senior administration official” said that Trump believed the term “black” to be outdated. “Every U.S. president since 1976 has designated February as Black History Month,” wrote TMZ. BET wrote the same thing.

The problem? It’s just not true. President Obama, for example, declared February “National African American History Month” as well. TMZ quickly updated their piece to fix their embarrassing error.

February 2: The House of Representatives’ Gun Control Measures

On February 2, the Associated Press touched off a political and media firestorm by tweeting: “BREAKING: House votes to roll back Obama rule on background checks for gun ownership.” The AP was retweeted a staggering 12,000 times.

The headlines that followed were legion: “House votes to rescind Obama gun background check rule” (Kyle Cheney, Politico); “House GOP aims to scrap Obama rule on gun background checks” (CNBC); “House scraps background check regulation” (Yahoo News); “House rolls back Obama gun background check rule” (CNN); “House votes to roll back Obama rule on background checks for gun ownership” (Washington Post).

Some headlines were more specific about the actual House vote but no less misleading; “House votes to end rule that prevents people with mental illness from buying guns” (the Independent); “Congress ends background checks for some gun buyers with mental illness” (the Pittsburgh Post-Gazette); “House Votes to Overturn Obama Rule Restricting Gun Sales to the Severely Mentally Ill” (NPR).

The hysteria was far-reaching and frenetic. As you might have guessed, all of it was baseless. The House was actually voting to repeal a narrowly tailored rule from the Obama era. This rule mandated that the names of certain individuals who receive Social Security Disability Insurance and Supplemental Security Income and who use a representative to help manage these benefits due to a mental impairment be forwarded to the National Instant Criminal Background Check System.

If that sounds confusing, it essentially means that if someone who receives SSDI or SSI needs a third party to manage these benefits due to some sort of mental handicap, then—under the Obama rule—they may have been barred from purchasing a firearm. (It is thus incredibly misleading to suggest that the rule applied in some specific way to the “severely mentally ill.”)

As National Review’s Charlie Cooke pointed out, the Obama rule was opposed by the American Association of People With Disabilities; the ACLU; the Arc of the United States; the Autistic Self-Advocacy Network; the Consortium of Citizens With Disabilities; the National Coalition for Mental Health Recovery; and many, many other disability advocacy organizations and networks.

The media hysteria surrounding the repeal of this rule—the wildly misleading and deceitful headlines, the confused outrage over a vote that nobody understood—was a public disservice.

As Cooke wrote: “It is a rare day indeed on which the NRA, the GOP, the ACLU, and America’s mental health groups find themselves in agreement on a question of public policy, but when it happens it should at the very least prompt Americans to ask, ‘Why?’ That so many mainstream outlets tried to cheat them of the opportunity does not bode well for the future.”

Maybe It’s Time to Stop Reading Fake News

Surely more incidents have happened since Trump was elected; doubtlessly there are much more to come. To be sure, some of these incidents are larger and more shameful than others, and some are smaller and more mundane.

But all of them, taken as a group, raise a pressing and important question: why is this happening? Why are our media so regularly and so profoundly debasing and beclowning themselves, lying to the public and sullying our national discourse—sometimes on a daily basis? How has it come to this point?

Perhaps the answer is: “We’ve let it.” The media will not stop behaving in so reckless a manner unless and until we demand they stop.

That being said, there are two possible outcomes to this fake news crisis: our media can get better, or they can get worse. If they get better, we might actually see our press begin to hold the Trump administration (and government in general) genuinely accountable for its many admitted faults. If they refuse to fix these serial problems of gullibility, credulity, outrage, and outright lying, then we will be in for a rough four years, if not more.

No one single person can fix this problem. It has to be a cultural change, a kind of shifting of priorities industry-wide. Journalists, media types, reporters, you have two choices: you can fix these problems, or you can watch your profession go down in flames.

Most of us are hoping devoutly for the former. But not even a month into the presidency of Donald J. Trump, the outlook is dim.

 

“POCAHONTAS IS NOW THE FACE OF YOUR PARTY”

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Anger and rage appear to be the emotions of choice for liberals after CNN accused President Trump of declaring, “Pocahontas is now the face of [the Democratic] party” in reference to Senator Elizabeth Warren.

According to CNN, Trump made his comment during a meeting with senators earlier this week as Warren – who has been accused of faking Native American heritagemade headlines for criticizing Attorney General Jeff Sessions.

Trump has traditionally been critical of Warren for claiming to have Native American heritage. During his Presidential campaign, he once joked at a rally, “She’s got less Native American blood in her than I have, ok?”

Liberals were triggered then and they most certainly are now, if comments on CNN’s Facebook post are any indicator.

Some, like the commenter below, even appear to be blaming President Trump for the recent immigration raids, even after numerous people have pointed out that similar raids have been carried out in Obama’s term.

“Last I checked, Pocahontas was a very respected historical figure who helped relations between natives and the invading whites,” declared one Facebook user, Lisa-Marie Snyder.

Some commenters, however, are defending Trump and bashing Warren for her supposed “appropriation” of Native culture.

Surprisingly even Mary Katharine Ham – whom Trump actually slammed not long ago as being too negative – defended Trump’s joke.

Sources:
The Federalist
CNN
NYT

I THINK WE SHOULD HAVE THEM ALL OVER FOR DINNER

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Hundreds of thousands of people reportedly took to the streets of Iran today to express their disdain for U.S. President Donald Trump.

According to The Daily Mail, the parade was initially organized to celebrate the anniversary of Iran’s 1979 Islamic Revolution, which saw the U.S.-backed government in the nation overthrown.

The Washington Post reports that Iran’s “supreme leader” Ayatollah Ali Khamenei urged celebrants at this year’s festival to use it as an opportunity to respond to President Trump’s recent policies and comments against Iran.

Pictures from the parade appear to show them doing just that.

Image via Abedin Taherkenareh/European Pressphoto Agency

Image via The Daily Mail

Image via Atta Kenare, AFP, Getty Images

Reuters reports that several people were also carrying signs that read, “Thanks to American people for supporting Muslims.”

Image via EPA/Abedin Taherkenareh

The Daily Mail reports that Iranian President Hassan Rouhani was also in attendance at the parade. He told revelers, “This turnout is a response to false remarks by the new rulers in the White House.”

“Iranians will make those using threatening language against this nation regret it,” he reportedly added.

While it is unclear if Rouhani made any indication of what exactly he was so upset about, President Trump has made a number of moves against Iran recently.

This article from the Washington Post highlights how his administration is considering a proposal to designate Iran’s most powerful security force as a terrorist group.

President Trump also announced sanctions against the country last week due to its recent missile testing. Iran was also one of seven countries on President Trump’s executive order tightening immigration.

Image via The Daily Mail

News of Iranians’ very vocal disdain for the United States and President Trump has prompted quite a few people to point out the humor of the situation online.

@AnnCoulter Every Leftist Protester against Trump, is on the same side as the people chanting death to America, and burning flags in Iran.

@FoxNews @FoxNewsInsider well shit, just open up the floodgates now.. I think we should have them all over for dinner.

“Are the liberals now still unclear they are on the wrong side of history?” wrote Facebook user Russell Feery. “Do they need an endorsement from Charles Manson, or Kim John-un to wake up?”

“Well if you have Iran – the largest terrorist country in the nation – on your side, you must be doing the right thing,” joked Karen Delorey McGathey.

Sources:
Washington Post
The Washington Post
Independent.co.uk
The Daily Mail

CNN’s Chris Cuomo: Calling a Journalist ‘Fake News’ Is Like Calling Someone The N Word

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Leave it to CNN’s Chris Cuomo to say something categorically moronic on live television.This morning, Cuomo interviewed Senator Richard Blumenthal about his meeting with Supreme Court justice nominee Neil Gorsuch. According to Blumenthal, Gorsuch said that Trump’s attacks on Judge Robart last week were “demoralizing.” This prompted the President to write this angry tweet.

Cuomo, the younger brother of New York Governor Andrew Cuomo, took offense to Trump’s tweet and said the following:

Fake news is the worst thing you can call a journalist. It’s like an ethnic disparagement.

This is insane. Many journalists have spread misinformation and at times even lied and it is justifiable to call them out on it. However, there is no justification for referring to a black American as the n-word. That word effectively dehumanizes individuals not by their character but rather by race.

For Cuomo to even compare being referred to as a fake news journalist to being called the n-word or any other derogatory ethnic or racial term demonstrates how absurd the mainstream media have become. If the media don’t want to be referred to as fake news, then they need to stop grandstanding and start holding the President, both political parties, and our Congressional representatives accountable, fairly and honestly.

Cuomo himself has mischaracterized plenty of events during his tenure on CNN. For example, during the last war between Israel and Hamas, Cuomo claimed that Israelis in Jerusalem have caused the same issues for Christians as the Palestinian-Arabs have done since taking control of Bethlehem and other Palestinian-controlled cities. That was deemed false.

Cuomo’s comments today only help legitimize President Trump’s claim that the CNN journalist is a putz.

Watch the clip here:

https://youtu.be/he3bKG2ZbcA

UPDATE

He apologized for the remark.

The Terms And Names Used For “Illegal Alien” and “Illegal Immigrant”

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In this photo made Thursday, March 6, 2015, a U.S. Immigration and Customs Enforcement agent escorts a handcuffed undocumented immigrant convicted of a felony that was taken into custody during an early morning operation in Dallas. The Department of Homeland Security has been conducting a nationwide roundup of undocumented immigrants convicted of felonies in order to deport them to their country of origin. (AP Photo/LM Otero)

The term “illegal alien” or “illegal immigrant” had been used to describe those who came to the US without permission and proceeded to establish residence without authorization. Since around 2000, however, many news sources at the behest of immigrant activists changed their terminology to “undocumented immigrant” instead.

Not only is the new term less accurate than the old one, but it also confuses the reader because the word “undocumented” can have two meanings. It can refer to those who never had proper documentation and those who don’t have the required documentation on their person right at that moment. It is kind of like when you are stopped for driving without a license. You may have it at home, just not with you in the car.

The term “illegal” means that your continued situation is not legal and thus you are an “outlaw” in the Old West sense of that word by being outside of the law until you are apprehended and dealt with by the legal system, in this case, US Immigration and Customs Enforcement (ICE). Almost always, illegal immigrants knew they were breaking American law by not going through proper channels to immigrate here legally.

Moreover, since they did not come to the US legally, they still retain their citizenship/immigrant status of the country they left, which is properly referred to as “alien” status. Therefore, the term “illegal alien” is appropriate and more meaningfully descriptive than the politically correct term “undocumented immigrant”.

Author:

Chris Machina

Donald J. Trump’s Führer Draconian Muslim Ban

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Hello everyone, welcome to this week of stupid. Today is February 10, 2017. Let me start by saying–I’m really fucking sick of talking about Donald Trump, but it seems that we literally cannot do anything now but– talk about Donald Trump. I’m really sorry, but– you have to hear the things that are being said about Donald Trump’s Supreme Court nominee, Neil Goetsch. It is being said that he was the founder of the student group called “fascism forever club.” This is a major headline that went around almost to all of the “quote-unquote” credible mainstream left-leaning websites. Donald Trump’s choice for Supreme Court Justice allegedly founded the group “fascism forever club” when he was a student. Neil Goetsch reportedly set up the club to rebel against the left-wing staff members at Georgetown preparatory school in Washington DC, where he studied in the ’80s. I see– so this isn’t real, is it? This is fake news, correct? This is just bullshit, isn’t it? This is going to turn out to be a joke. Neil Goetsch did not start an actual fascism high school club, and political circles are presenting Goetsch’s fascism forever club as absolute truth. The faculty actually said, “there has never been a fascist club. It never existed”. This is what our current media does– no independent research was done, zero. This culminated and spread in the alt-left media. Are you FUCKING SERIOUS? This is pathetic. You have lost touch with voters, viewers, and you, THE MEDIA– are increasingly lazy and irresponsible. I didn’t know anything about Neil Goetsch, and I’ve never heard of him until he was selected.

Both the burden and the sharing are in the eye of the beholder. I don’t know if any EU country will ever find the equity that is being sought

Now, I am forced to defend him like another Mike Pence– some utterly regressive fundamentalist Christian. Who thinks the earth is flat, and the earth is only 6000 years old and that God touches him at night.  Just stop lying–I spent half my time catching you in lies, MEDIA; this was nothing but slander and absolute bullshit! Speaking of fascist, this petition is going around with 40,000 signatures to petition the president to declare ANTIFA a terrorist group. Since ANTIFA met the English definition of a terrorist group– I actually think that should happen. Honestly, though, outside of the ANTIFA and they’re regressive defenders like CNN and Cenk Uygur, why the fuck would anyone be opposed to classifying them as a terrorist organization. They are literally using violence and intimidation for political purposes. That is one definition of terrorism. Of course, they feel it’s justified, but every terrorist organization feels it’s justified– that’s the problem—they are not justified, but they do it anyway. I’ll tell you what, the left-wing press and their constant lies and hysteria against Donald Trump are vamping these people up and egging them on. They are painting the most unrealistic picture of reality, a distorted– funhouse, hall of mirrors that Donald Trump is Hitler with a swastika on his arm. Then we see people on TV that are beating and smashing things up. They believe and are encouraged by the left– that this is an acceptable way to express your anger at losing a Democrat election.

The backdrop is the difficulty that many European countries have in integrating minorities into the social mainstream”

And the absolute lunacy of the week goes to Germany’s Der Spiegel news when they painted a cover of Donald Trump apparently converting to Islam. Obviously, they don’t mean it like that. Obviously, they’re just acting like he’s like some tyrant who took the United States office with a military coup and is now doing things illegal and illegitimate. Do you think Obama would never have done that? Even though he did almost the same things and put all of these powers into place. This is unbelievable, Der Spiegel put this out there, and I’m not surprised that the Internet started meaning it. Since we are on the subject of Germany, since we are on the subject of Angela Merkel– let us see what the Independent News have to say about Merkel this week. Independent News quote, “Angela Merkel is now the leader of the free world and not Donald Trump” HA-HA-HA, Adolf Hitler’s dream has been realized, honestly, I’ve had to edit out my true response/reaction to this several times, I can hardly get the words out without flying into an apoplectic rage. Why in the living fuck– would someone want Merkel when her unilateral policy on migrants has seen thousands of people raped and murdered hundreds of thousands of other crimes, just, billions of euros spent from Germany and Euros budget on hosting people who are taking advantage of them.

Merkel’s tenure as Chancellor of Germany will be highly tainted by the abandonment of her country’s duty and care. She did this– she made all of this happen. The burden should fall on her shoulders. Under the doctorate in quantum chemistry, the thrice-elected soft-spoken former scientist from East Germany just doesn’t carry the weight of East Germany and Europe on her shoulders.

I think Angela Merkel is not capable of defending liberalism and freedom worldwide, and Germany is not capable of defending freedom and liberalism around the world. I honestly think that a large portion of the German establishment is so far to the left– that they have become trapped in the grip of some feverish pathological altruism which seems to be what is driving Merkel’s decision to let in approximately 2 million migrants over the last couple of years. I think this is absolutely crazy. Merkel herself is directly responsible for the deaths and rapes and damage were done to the German citizen because of her decision and the rise of the populist-nationalist left-wing. She has caused this, at least in large part, through policies. The idea that she is the defender of freedom and liberalism around the world shows you how detached from reality the author of this article is. The idea that she even gives a shit about freedom liberalism is baffling to me. Where do you get this impression from? This is not an attempt to be provocative or exaggerate or effects, god forbid. Donald Trump cannot claim the mantle of leading the free world by default America’s military might– is not the only criteria necessary. Do I have to make the case?  Yes, yes, I do. Since the inauguration, Trump has undermined and ignored judges even though an independent judiciary and separation of powers are key to a democracy.  But the ban on immigrants highlighted something far more draconian– are you serious? Do you think that not allowing foreigners into a country is more draconian than him taking over all of the state’s separated powers? You’re insane! If you believe that– you’re a fucking idiot! You don’t know what you’re talking about. Suppose a president can abruptly restrict the rights of U.S. citizens without bothering lawmakers or government departments. Some people say he is in effect an autocrat for doing this– he wasn’t– he was restricting the rights of “non-US citizens” who don’t have a right to enter the United States! That is not a right– that they have.

Sources:

Niel Goetsch, founder of the fascist group:
http://www.justice-integrity.org/index.php?option=com_content&view=category&layout=blog&id=22
Petition to classify Antifa as a terrorist organization:
https://www.change.org/p/president-of-the-united-states-declare-antifa-a-terrorist-organization
Des Spiegel crazy article on Trump:
http://www.spiegel.de/international/world/donald-trump-the-role-of-the-media-in-addressing-the-threat-a-1133520.html
Germany’s rape and murder from migrants are out of control:
https://www.gatestoneinstitute.org/8663/germany-migrants-rape

Author:

Gustavo Frias
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