Dan Froomkin writes a blog called Press Watch. He calls out reporters who fudge the facts or distort the story by omission or commission. In this post, he critiques the press for refusing to acknowledge that Trump is racist and wants to expel 350,000 Haitians because they are Black.
This issue is important because it played an important role in the Supreme Court decision about whether to cancel the Haitians’ Temporary Protected Status. Lawyers for Haitians argued that his actions were motivated by his racism. The Supreme Court disagreed.
Froomkin believes that the press took the familiar stance of bothsiderism. Some think he’s racist, others think he’s not.
Justice Elena Kagan, who wrote the dissent for the three liberal judges, argued that Trump’s racism was undeniable, and she cited numerous vile and racist statements he had made.
Even George Will agreed with Kagan.
The legal and moral question at the heart of Thursday’s 6-3 Supreme Court opinion giving Donald Trump the go-ahead to deport over 350,000 mostly Haitian immigrants was a simple one: Was Trump’s decision motivated even in part by racial animus?
And that, in turn, came down to the question: Were Trump’s past statements about Haiti racist?
That is not a tough one.
Trump has accused Haitians of eating their neighbor’s pets. He has called Haiti a “shithole” country and has said he preferred immigrants from “nice” predominantly white countries. He has said that most Haitian immigrants “probably have AIDS.” He has said nonwhite immigrants are “poisoning the blood of our country.”
Even the mainstream political journalists who bend over backwards not to call Trump a racist outright have acknowledged that some of his comments about Haiti in particular qualify as racist smears and as elements of a racist and inflammatory narrative.
But after Justice Samuel Alito wrote in the majority opinion that none of Trump’s statements about Haiti were “overtly racial,” I had a bad feeling that our top political journalists would wimp out and treat Alito’s assertion as debatable –- as one of two plausible sides of a political argument –- rather than as the bald-faced, ridiculous lie that it is.
I was worried that rather than state the obvious, they would throw up their hands and say, effectively, “You decide whether what Trump said is racist or not. You decide whether his statements on race represent reasonable, legitimate political discourse. We’re not going to judge.”
Readers, I was right to worry.
Our elite political media is now bothsidesing racism.
Most of the coverage of Thursday’s Supreme Court decision -– to the extent that it raised the issue of racial animus at all — consisted of, literally, both sides. Reporters briefly quoted Alito’s opinion, briefly quoted Justice Elana Kagan’s blistering dissent, and left it at that. Jump ball.
See the Associated Press, the Washington Post, and NBC Nightly News coverage, for instance. The CBS Evening News and ABC World News Tonight whiffed entirely on the racial element.
That was bad enough.
What was even worse was the New York Times “news analysis” headlined “Justices Clash on Whether Race Played a Role in Trump’s Bid to Deport Haitians.” In it, chief legal affairs correspondent Adam Liptak explicitly treated Trump’s obvious racism as an open question, with two sides.
Here’s the top:
The Supreme Court on Thursday confronted two questions that have also confounded many Americans for the past decade: How seriously should people take President Trump’s wild, coarse and ugly statements? And are some of them marred by racial animus?
Like the country itself, the court was deeply divided on both.
This is pure poppycock. The question about Trump’s racial animus has not “confounded” many Americans. His animus is on display almost daily.
Who thinks Trump’s “wild, coarse and ugly statements” are some sort of joke? Nobody.
Indeed, everybody in touch with reality knows very well that Trump holds “racial animus.” Even Alito and the five other Trump acolytes on the high court know that, they just choose to lie about it.
To the extent that the country is “deeply divided,” it is between a minority of people who share Trump’s views and an overwhelming majority (I hope) who don’t.
And that shouldn’t be a “both sides” issue. Journalists should have the integrity to call out racist language and racist acts by name, and to cast racism as a societal ill.
The coverage should have made it clear that Alito was making an indefensible argument.
Here’s what the top of my “news analysis” would have looked like:
The six hard-right justices who control the Supreme Court on Thursday gave Donald Trump the go-ahead to deport hundreds of thousands of legal Haitian and Syrian immigrants, insisting – against a mountain of evidence – that Trump’s decision-making was not even slightly motivated by racial animus.
The Opinion
If you haven’t read the key sections of Alito’s opinion and Kagan’s dissent, they are really worth your time. The opinion approves the termination of Temporary Protected Status (TPS) for immigrants from Haiti and Syria, taking away their legal status and making them subject to deportation.
In his discussion of Trump’s comments, Alito split hairs:
The President’s comments fall into four main categories. First, many express strong objections to the immigration that this country has experienced in recent decades and to many of the immigrants who have come here, particularly those who have come to or stayed in the United States illegally. These statements associate these immigrants with crime and other social ills. Second, some statements express great displeasure with TPS. They note, among other things, that TPS designations have often been far from temporary and that aliens who are allowed to stay in the United States under the program are not vetted like other aliens who seek admission. Third, some statements broadly denigrate the countries for which TPS designations have been granted—including Haiti—portraying them as hellish places in which to live. And fourth, some statements malign Haitians who have come to the United States.
Then he concluded:
None of the cited statements by either the President or the Secretary was overtly racial, and in substance all expressed policy views that could rest on race-neutral justifications. For example, one may oppose TPS and favor tighter restrictions on immigration for economic or other reasons that have nothing to do with race. And a person without racial bias can provide a harshly unfavorable description of living conditions in some of the countries with TPS designations. The criteria for TPS designations guarantee that many, if not most, designated countries have such characteristics.
Alito casually shrugged off Trump’s “heated language” as the new normal. (The case, Mullin v. Doe, was formerly known as Trump v. Miot):
In offering the cited statements as proof that the termination of Haiti’s TPS termination was motivated by race, Miot respondents seek to capitalize on the statements’ heated language. Political discourse by prominent public figures is increasingly couched in terms that would have scandalized the public just a short time ago, and the statements cited by Miot respondents—especially those concerning Haiti and Haitian immigrants to this country—exemplify this development. But whatever one may think of the cited statements, they are insufficient to show that the termination of Haiti’s TPS designation was based on the race of the Haitian people.
Interestingly enough, Alito personally distanced himself from Trump’s statements, expressing empathy for Haitians and writing that “there is no justification for denigrating the character of Haitians who suffer from and bear no responsibility for their country’s ills.”
I agree that there is no justification. But there is an explanation. And that explanation is that Trump is racist.
The Dissent
Kagan, in dissent, wrote that the Haitian plaintiffs had provided clear evidence that race played a role in Trump’s decision:
The evidence they have offered includes statements by the President so repellent and racially inflected that the majority declines to put them in print. (Indeed, one measure of the President’s way of speaking about Haitians is to compare it with the majority’s, which is unfailingly respectful.)
So here are some of those statements. Haitians are “eating the dogs . . . . They’re eating the cats. They’re eating—they’re eating the pets of the people that live [in Springfield, Ohio].” And: Haitians are also eating “other things too that they’re not supposed to be.” And: Haitians in the United States “probably have AIDS.” And:Haiti is a “shithole country,” which is “filthy, dirty, [and] disgusting.” And: Haitian immigration is “like a death wish for our country.” And: Haitians, along with some others, are “poisoning the blood” of our country. And: “Why is it we only take people from shithole countries” like “Haiti [and] Somalia”? “Why cannot we have some people from Norway [and] Sweden?”
The majority briefly replies that those remarks are not “overtly racial,” but it is hard to know what that means. Haitians are Black. (Norwegians and Swedes not so much.) The references—of filth, disease, and primitiveness—are shot through with racial stereotypes and tropes. It is hard to imagine the statements being made today of any White community. No very “sensitive inquiry” …. is needed to see them for what they are; judges, as we often say, are “not required to exhibit a naiveté from which ordinary citizens are free.”
The statements fairly shout, in their racial undertones and overtones alike, that race entered into the President’s resolve to remove Haitians from this country.
No reasonable person could read Kagan’s dissent and take Alito’s opinion at face value.
The Honest Takeaway
For an antidote to the mainstream media’s whitewashing of the racial issue, read Elie Mystal’s piece in the Nation, headlined: “The Supreme Court Once Again Endorses Trump’s Racism.” Mystal wrote:
Alito and the other Republicans on the Supreme Court have given constitutional protection to the openly racist and white supremacist policies of the Trump administration.
And he concluded:
The decision to ignore Trump’s racism means that the Republicans on the Supreme Court are racist. I don’t claim to know what’s in their hearts, but more to the point, I don’t care. I can see their racist actions. And their actions affirm, time and again, Trump’s own overt racial biases. It has been clear for a long time that that affirmation must be interpreted as an endorsement.
Matt Ford authored an excellent overview of the case for the New Republic, headlined: “The Supreme Court Backs Trump’s Gutter Racism.”
He wrote that “the court effectively blessed Trump’s bigotry toward Haitians and dealt potentially catastrophic damage to federal civil rights laws.” He called attention to the “echoes of Nazi Germany when the president says that a minority group is ‘poisoning the blood’ of our country.” And he concluded:
In the end, it comes as no real surprise that the Supreme Court’s conservative majority takes no issue with Trump’s description of Haiti as a “shithole country,” nor that it finds no racist motivation in describing Haitians as eating people’s pets or poisoning the blood of the American Volk. They don’t see Trump’s remarks or actions as racist because they apparently agree with him.
It’s the Whole Party
If you’re going to write about politics and racism, one of the most important stories to tell is that not just Trump, but the entire Republican Party – inspired and liberated by Trump — is becoming more and more overtly racist. And that includes the Republicans on the high court.
As I wrote in October, “It’s becoming increasingly clear that white supremacy is one of the core animating principles of the Republicans who control all three branches of government.”
Case in point, Rep. Tom Emmer of Minnesota, who as majority whip is the third-ranking Republican in the House, proudly acknowledgedovertly racist views on Thursday at a Faith and Freedom Coalition event on Capitol Hill.
“Minnesotans are so afraid that you’re gonna call us a racist, you’re gonna call us an Islamophobe…. You know what?… I’m done being careful, even the least bit careful,” he said. Somalis “don’t assimilate,” he said, “And if they don’t assimilate, then they should go the hell back to where they came from.”
This is a change. Ten years ago, Emmer was bragging about how quickly Somalis assimilated and saying he supported them “wholeheartedly.”
Racism is now rampant in one of our two political parties. But that’s not an excuse for journalists to treat it like an issue with two legitimate sides -– or to cover it up.

Journalists are committed to the both sides argument because they fear being targeted by Trump. There are no both sides to the issue of Trump’s racism. He has been an overt racist with history of vile racist comments. I worked in a community with large Haitian population. The crime rate was low, and the local cats were not endangered. Most Haitians are law abiding members of society. According to the Cato Institute, “Haitian immigrants in the U.S. have incarceration rates significantly lower than native-born Americans.” Trump’s claims about Haitians are racist to the core. Haitians are generally grateful for being given the opportunity to live in this country. They work hard, respect the laws and greatly value education. I had the good fortune to teach Haitian students and other new immigrants for over thirty years. As with other immigrant groups they may have some cultural differences, but as a largely Christian group, they tend to attend church and assimilate easily. Haitians are an asset to our country.
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Thank you for a reality-based comment.
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I had a long-winded comment ready, when I discovered you had already made all my points. I will add one story. On one of our travels sometime ago, I met a Haitian lady who was working the counter at a Walgreens. She was so pleasant and helpful that I could not help asking her what her story was. She talked about immigrating from Haiti and where she went to church. Such a danger!
My father-in-law lived in a neighborhood in transition on the southeast side of Nashville. That part of town is more ethnically diverse than any place in the country. 76 different languages attend the high school where my wife grew up. His favorite experience? He regularly walked around the block to get exercise with a Haitian woman with whom he felt completely comfortable.
When you put faces on Trump’s atrocities, you realize what a place we have gotten ourselves into.
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MAGA is fueled by hate.
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“In it, chief legal affairs correspondent Adam Liptak explicitly treated Trump’s obvious racism as an open question, with two sides.“
NYT legal writer Adam Liptak specializes in normalizing the the most authoritarian actions of the far right Supreme Court by giving the NYT stamp of approval to them as absolutely fine and appropriate, because some admirable people think that decision is good and other people (often described as partisan anti-Trumpers) do not. Liptak wrote a similar article after the Supreme Court’s outrageous immunity decision, reassuring readers that even the liberal NYT legal expert thinks that the Supreme Court’s immunity decision was totally reasonable, because no one knows for sure and both sides have different opinions. The only “truth” – when it comes to a Republican using lies – is that there is no truth! That’s why Liptak doesn’t know if a president telling America that Haitian immigrants are killing and eating their neighbor’s pets is racist. Or whether a president tweeting racist things over and over is racist!
Liptak’s take seems to be that it would be FALSE for him to write that something racist is racist, but it is TRUE for Liptak to write that NO ONE KNOWS FOR SURE whether something racist is racist because whether something racist is racist is simply a partisan opinion. It’s journalism turned upside down, and George Orwell could have skewed his faux journalism so easily.
The Supreme Court could rule that Trump can shoot someone on Fifth Avenue, and Liptak’s “analysis” would be that some legal experts think that the Constitution does give Trump that right, and some (anti-Trump) people do not, but Liptak himself has no idea because the “truth” according to Liptak is that there is no truth! Just two opposite opinions. (Except when it comes to how fair-minded, brilliant and overall a good person Brett Kavanaugh was as a law professor according to 100% of his students, which Liptak presented as an absolute truth in a fawning piece I refer to below.)
Liptak’s “journalism”, if he was writing about Trump standing stark naked while claiming that he had the most fabulous new clothes on:
“Many people admired Trump’s new clothes. ‘It’s a fabulous outfit’ says respected law professor Amy Chua and admired author JD Vance”. Some little boy who hates Trump says he is wearing no clothes. There is no agreement on how beautiful Trump’s new clothes are.”
I used Amy Chua and JD Vance because if you want to read a prime example of Liptak’s “journalism” (lol!) this article is worth reading:
Headline: ‘Best Professor.’ ‘Very Evenhanded.’ ‘Great Hair!’: Brett Kavanaugh, as Seen by His Law Students
by Adam Liptak, July 19, 2018
“Anonymous evaluations of professors by their students can be caustic or catty. But they are also unfailingly candid, and collectively they paint a revealing picture of a teacher’s strengths and weaknesses.
Over the last decade, about 350 law students at Harvard, Yale and Georgetown expressed views on classes offered by Judge Brett M. Kavanaugh, President Trump’s Supreme Court nominee. With rare exceptions, they praised his mastery of legal materials, intellectual rigor, fair-mindedness and accessibility.
…..But on the whole, in 12 sets of evaluations spanning 700 pages, there was almost only glowing praise for Judge Kavanaugh’s teaching. More than a few students said he was the most impressive law school professor they had encountered.
“Significantly better than any full-time faculty I’ve had,” a Harvard student wrote. “Kavanaugh is the best professor I have had in law school,” wrote another. “Best class I’ve taken at HLS by a mile,” said a third.”
END Quote
If you keep reading through the article, you will find this throwaway line:
“the evaluations, which were made available to The New York Times by Judge Kavanaugh’s confirmation team.”
In other words, Liptak doesn’t even say whether this is ALL the evaluations or not! Did he even bother asking?
This throwaway line was part of Liptak’s grudging attempt to “balance” his rabidly pro-Kavanaugh article:
“Elizabeth B. Wydra, the president of the Constitutional Accountability Center, A LIBERAL GROUP, said it would be a mistake to read too much into the evaluations, which were made available to The New York Times by Judge Kavanaugh’s confirmation team.
“Just because he’s a nice guy or a great teacher doesn’t mean he should be a Supreme Court justice,” she said. “It might mean that he will be able to persuade his colleagues more readily or speak to the public more effectively in his opinions, but none of that matters in terms of his fitness for the bench if he has a skewed vision of the law.”
BUT J.D. Vance, the author of “Hillbilly Elegy” and a former student of Judge Kavanaugh’s at Yale, said good teachers and good judges shared important qualities, including civility and intellectual honesty.
“He really didn’t like it when you’d try to tear down another argument unfairly,” said Mr. Vance, whose wife, Usha Vance, served as a law clerk to Judge Kavanaugh. “He really wanted you to identify the best version of an argument and not assume that your intellectual opponents were all idiots. That goes to how he’ll treat litigants. It goes to how he’ll treat his colleagues on the bench.”
END quote
Notice how even in the small paragraph about the “LIBERAL” (clearly identified as such) criticism of Kavanaugh, Liptak presents as non-debatable “truth” that Kavanaugh is an upright, fair-minded, beloved law teacher beloved by his students. The only “debate” is whether such an upright and honorable teacher, beloved by students, would make a good judge because of his conservative views. That’s why Liptak immediately follows his short “I’m presenting the partisan anti-Kavanaugh side” sentences with “BUT” – and presents JD Vance as a non-partisan authority who can very credibly vouch for Kavanaugh’s goodness and he would also have reason to know from his wife.
Liptak can always be trusted to present the approved right wing narrative – regardless of the sketchiness of the evidence – as absolute truth in his articles. And Liptak can always be counted on to present obvious truth supported by reams of credible evidence as something unknowable based entirely on the single fact that Republicans deny something is true.
Wanna bet that Liptak tells himself he was bravely criticizing Kavanaugh because he included in the article that among the 100% of students who vouched for Kavanaugh’s fair-mindedness, intellectual prowess and just plain being a very good person and nice guy, a couple mentioned the textbook the honest and upright Kavanaugh used was too conservative.
In short, according to this Adam Liptak article, it is an absolute certainty that Kavanaugh was a beloved, very fair-minded teacher and person. No question about that Adam Liptak TRUTH.
But the question of Trump’s racism is still up in the air, since Liptak has no idea what is true and what isn’t!
I strongly recommended two legal writers whose brilliant analyses shows how much of Liptak’s “journalism” is just lazy stenography that always is in service of normalizing the anti-constitutional actions of a far right Supreme Court, and framing the “debate” in the way that serves the right wing narrative.
Marcy Wheeler, of emptywheel.net
Dahlia Lithwick, of Slate (and other places)
When Liptak writes, he presents Republicans greatest “weaknesses” the way someone at a job interview would present their weaknesses. ‘The other side”, when it comes to Liptak’s legal writing, is always that Republicans care a lot about the issues they care about and there is a very partisan difference of opinion on whether the Republicans caring too much is good or not. And the truth of any reality that the Republicans say isn’t true can never be discerned, at least to Liptak, regardless of the evidence on one side, and the lack thereof on the other side.
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Appalling! Not even “both sides.”
It’s hard to normalize Kavanaugh.
Liptak did it.
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The last school I taught it before retiring was very diverse, with kids from Nigeria, Albania, Haiti, the Dominican Republic, English-speaking Caribbean nations, Central America and a bunch of kids from poorer Boston neighborhoods.
One day in January of 2010, in the hallway, I met a senior Haitian student whom I had taught previously, but was no longer in my classes. I knew she had been admitted with full scholarships to 6 or 7 very elite schools, so I asked her if she had made a decision yet. In response, she said it felt wrong to be contemplating which glittering path to follow, given that she still did not have reliable information whether any of her relatives had survived the earthquake or its after effects. But, she continued, it was more important to look to her future education, in order to fulfill her goal of returning to Haiti as a doctor to provide medical care to her country.
I’m certain Trump or Stephen Miller would have only seen a young Black girl who had been admitted to these schools as DEI.
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Christine, you were blessed to have such a fine young woman in your classes. Trump and Miller want to deport her to the hellish conditions in Haiti.
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Blessed is the correct word, Diane. It was a joy to teach young people like her and so many others. I was fortunate to have only one student like Miller was as a high school student, out of the some 5000 kids I had over my career.
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