Archives for category: Bias

The commentators at NBC and MSNBC are furious that NBC top brass hired Ronna Romney McDaniel as a paid commentator for the network. Presumably, the executives thought it would broaden their audience to bring on someone who had led the Republican National Committee for the past eight years.

They now face an internal rebellion. As Dan Rather explains on his blog Steady, prominent newscasters at NBC were apoplectic. The commentators at MSNBC—where Trump is despised—were assured that they did not have to invite her onto their programs.

Last night, I watched MSNBC, and every commentator lashed out against the hire. Joy Reid, Jen Psaki, Rachel Maddow, and Laurence O’Donnell expressed their outrage. They did not care that she was a Republican. They did not care that she was a conservative. They cared that she was an election denier and a liar. She did whatever Trump wanted, and he booted her anyway. She was actively involved in the fake electors scheme in Michigan. She even dropped her middle name (Romney) to please Trump. She lacks integrity. She insulted the media, as Trump did. As Jen Psaki said, she is not honest.

Dan Rather shared their views:

Journalism Lesson #1 for 2024:

The mainstream media should not normalize Donald Trump’s behavior, nor should they give a platform to his lies or those of his sycophants, who for years have spread disastrous untruths that may have irreparably damaged our nation.

But in one fell swoop, NBC News has managed to do both. By hiring former Republican National Committee chief Ronna McDaniel, NBC has given credence and legitimacy to a Republican who has been in lockstep with the lies, helping spread plenty of the former president’s falsehoods. Allowing McDaniel to be in the same area code as NBC News is a huge mistake and will only further shred the small amount of trust Americans still have in the mainstream media. I don’t blame journalists at NBC. They have long been some of the finest in the business. But one wonders what the hell executives at the network were thinking.

Before she sold her soul, Ronna McDaniel was considered Republican royalty. She’s the granddaughter of George Romney, former GOP governor of Michigan, and niece of Senator Mitt Romney, former Republican presidential nominee and former governor of Massachusetts. She has been the chair of the RNC since the day Donald Trump took office in 2017. And she has been loyal to him at all costs, especially the truth.

During her tenure, she was a prolific fundraiser yet oversaw the net losses of Republican governorships and congressional seats. But her biggest claim to fame during her seven years on the job is that she was a Trump supporter, loyalist, and apologist above all else.

One could argue that this is the role of the head of a political party: to support the highest-ranking member of said party. Yes, that is typically true. But McDaniel spent years repeating Trump’s disinformation, making cases for his lies and paying his legal bills. Here are just a few of her misdeeds:

  • Told CNN’s Chris Wallace of Joe Biden’s election win, “I don’t think he won it fair.”
  • Characterized the January 6 insurrection as “legitimate political discourse.”
  • Orchestrated the censure of Representatives Liz Cheney and Adam Kinzinger, the two Republican January 6 Committee members.
  • Encouraged Michigan canvassers not to certify the 2020 election results, promising them lawyers.
  • Took part in Trump’s scheme to assemble fake electors.
  • Refused to condemn QAnon to George Stephanopoulos on ABC News.
  • Mocked Senator John Fetterman and President Biden for speech impediments.
  • Warned that those Republicans who didn’t embrace Trump’s policies “will be making a mistake.”

McDaniel made her NBC News debut on this Sunday’s “Meet the Press.” At the top of the broadcast, host Kristen Welker disclosed McDaniel’s new role. She said, “This interview was scheduled weeks before it was announced that McDaniel would become a paid NBC News contributor. This will be a news interview, and I was not involved in her hiring.”

During the interview, McDaniel defended her time as chair with what may be the quote of the year. “When you’re the RNC chair, you kind of take one for the whole team. Now I get to be a little bit more myself, right?”

No, Ms. McDaniel, you don’t get to have it both ways. The truth does not change depending on who signs your paycheck. Whom are we supposed to believe, your RNC or NBC self?

McDaniel walked back some of her more outrageous statements, sort of. As of yesterday, she now admits that Joe Biden won the election “fair and square.” However, she continued to insist there were issues with the election. When pushed, she mentioned the huge increase in mail-in ballots in Pennsylvania and suggested voter fraud. Reminder: No significant fraud of any kind was found in any state in the 2020 election.

In defending their hire, NBC News’s Carrie Budoff Brown, senior vice president of politics, said, “It couldn’t be a more important moment to have a voice like Ronna’s on the team.”

Many on the NBC team vehemently disagreed. “We weren’t asked our opinion of the hiring, but, if we were, we would have strongly objected to it for several reasons,” Joe Scarborough, the “Morning Joe” co-host, said at the top of the broadcast Monday. Mika Brzezinski added, “We hope NBC will reconsider its decision. It goes without saying that she will not be a guest on ‘Morning Joe’ in her capacity as a paid contributor.”

Chuck Todd, NBC’s chief political analyst, could barely contain his anger and disbelief on “Meet the Press.”. “She [McDaniel] wants us to believe that she was speaking for the RNC when the RNC was paying for it. So she has — she has credibility issues that she still has to deal with. Is she speaking for herself or is she speaking on behalf of who’s paying her?”

He continued, “There’s a reason why there’s a lot of journalists at NBC News who are uncomfortable with this because many of our professional dealings with the RNC over the last six years have been met with gaslighting, have been met with character assassination.”

Now we come to the why. Why would NBC News hire someone as controversial as Ronna McDaniel? 

News gathering is a business, as unfortunate as that is. As a business, it needs to make money. In television news, more viewers equals more money. So news organizations feel they need to appeal to the broadest spectrum of viewers possible. We will exempt Fox, which calls itself a news organization but is more of a propaganda outfit for the GOP.  

The mainstream middle is a much more crowded field that is bombarded by accusations of bias and liberalism. So they feel the need to show their Republican bona fides by hiring conservative voices.

But that is the crux of the problem. Which Republicans? Trump loyalists who are election deniers and January 6 apologists? Never-Trumpers who are as likely to appeal to many Republican viewers as progressives? How do they represent the political right without alienating their loyal viewers and their correspondents? These are the new political realities ushered in by Donald Trump. And another reason independent journalism is essential right now, essential to provide unvarnished coverage in one of the most important elections in American history and to hold the mainstream media accountable.

I watched clips of yesterday’s hearings about the report of Robert Hur, who was selected by Merrick Garland to be Special Counsel to investigate Biden and documents found in his home and offices. The big takeaway from his voluminous report was that he considered Biden’s memory to be weak and that a jury would treat him as a kindly old man with a poor memory.

Republicans wanted to use the hearings to demonstrate that Biden is senile. Democrats wanted to use the hearings to show that Trump has a worse memory than Biden and that—unlike Biden— he willfully retained top-secret documents and refused to return them.

Hur resigned from the Department of Justice the day before the hearing and hired a Trump insider to represent him.

Mary Trump includes in her post the video introduced by Eric Swalwell. It shows Trump in numerous gaffes, memory lapses, and moments of incoherence. Trump later claimed all the clips were generated by AI.

Not included is the question posed by Eric Swalwell that was shown last night on Laurence O’Donnell’s MSNBC show. Swallwell read the transcript of Hur’s interview and quoted it. At one point, the transcript says, Hur observed that Biden had “a photographic memory” of the layout of his home. Not a sign of a poor memory. Apparently the transcript portrayed Biden differently than Hur’s report.

One of the Republicans read the dictionary definition of senile and asked Hur if he believed Biden was senile. Hur did not.

The question I kept wondering was why Merrick Garland thought that it was a good idea to select a trusted Trump appointee to investigate Biden.

Jennifer Rubin is one of my favorite columnists at The Washington Post. She is both a journalist and a lawyer. She cuts to the heart of whatever matter she examines. She was hired to be the conservative commentator on the opinion page; she had Sterling credentials. But Trump pushed her out of the conservative bubble and into the center.

Here she pins the blame for the Hur fiasco where it belongs: on Merrick Garland, who appointed Hur knowing he was a loyal Republican.

She wrote:

Special counsel Robert K. Hur had a single task: determine if President Biden illegally retained sensitive documents after his vice presidency. The answer should not have taken nearly 13 months or a more than 300-page report. Hur also should have avoided trashing “the fundamental ethos of a prosecutor to avoid gratuitous smears,” as former White House ethics czar Norm Eisen told me.

Hur found that “the evidence does not establish Mr. Biden’s guilt beyond a reasonable doubt” and that prosecution was “also unwarranted based on our consideration of the aggravating and mitigating factors.” He seemed to intentionally disguise that conclusion with contradictory and misleading language that “Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” He conceded that was not legally provable. (As Just Security pointed out, the media predictably and widely misreported this: “The press incorrectly and repeatedly blast out that the Hur report found Biden willfully retained classified documents, in other words, that Biden committed a felony; with some in the news media further trumpeting that the Special Counsel decided only as a matter of discretion not to recommend charges.”)

Hur acknowledged that Biden’s cooperation, “including by reporting to the government that the Afghanistan documents were in his Delaware garage,” leaves the impression he made “an innocent mistake, rather than acting willfully — that is, with intent to break the law — as the statute requires.” Moreover, Hur conceded that the documents “could have been stored, by mistake and without his knowledge, at his Delaware home since the time he was vice president, as were other classified documents recovered during our investigation.”

The body of the report refutes the element of willfulness — noting a variety of factors (e.g., a good-faith belief the Afghanistan memo was no longer classified, presidents’ practice of taking notes with them). Hur also distinguished Biden’s behavior from four-times-indicted former president Donald Trump:

Several material distinctions between Mr. Trump’s case and Mr. Biden’s are clear. Unlike the evidence involving Mr. Biden, the allegations set forth in the indictment of Mr. Trump, if proven, would present serious aggravating facts. Most notably, after being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite. According to the indictment, he not only refused to return the documents for many months, but he also obstructed justice by enlisting others to destroy evidence and then to lie about it. In contrast, Mr. Biden turned in classified documents to the National Archives and the Department of Justice, consented to the search of multiple locations including his homes, sat for a voluntary interview, and in other ways cooperated with the investigation.

That should have been the end of the matter.
But it was Hur’s gratuitous smear about Biden’s age and memory — most egregiously, his far-fetched allegation that Biden could not recall the date of his son Beau’s death — that transformed a snide report into a political screed. Speculating about how a jury might have perceived the president years after the incidents took place was entirely irrelevant because the lack of evidence meant there would be no case.

Former prosecutors were almost uniformly outraged. Jeffrey Toobin remarked, “It was outrageous that Hur put in some of that stuff in this report. That had no place in it.” He added, “There is no reason this report had to be 300 pages. There is no reason this fairly straightforward case had to be treated this way. … The job of prosecutors is to put up or shut up.”

Former prosecutor Andrew Weissmann called Hur’s jabs “entirely inappropriate.” He tweeted, “Of course, no crime was committed by Biden, but as anticipated, Hur takes the opportunity to make a gratuitous political swipe at Biden. … [Attorney General Merrick] Garland was right to have appointed a Special Counsel but wrong to pick Hur and to think only a Republican could fit the bill.” (Weissmann analogized to former FBI chief James B. Comey, who exonerated Hillary Clinton of crimes but savaged her conduct just days before the 2016 election.)

Likewise, ethics guru Matthew Seligman told me, “What Hur should have written — and all he should have written — is that there is insufficient evidence to prove beyond a reasonable doubt that President Biden’s level of intent rose to the willfulness standard required by the statute.” Eisen argues that Hur violated the Justice Department’s prosecutorial principles. (“Federal prosecutors should remain sensitive to the privacy and reputation interests of uncharged parties,” the rules say.)
Hur is not solely to blame for going beyond his mandate and introducing smears. Garland erred in appointing and giving free rein to a Republican loyalist. He should have anticipated that a rock-ribbed Republican such as Hur would echo GOP campaign smears attacking Biden’s memory and age. Garland’s lousy judgment wound up sullying and politicizing the Justice Department.

As former prosecutor Shan Wu wrote, “It was Garland’s responsibility to ensure that Hur’s report did not stray from proper Justice Department standards. Garland should have known the risks when he picked Hur — who had clerked for conservative Chief Justice William Rehnquist, served as the top aide to Deputy Attorney General Rod J. Rosenstein, who assisted [Attorney General] Bill Barr’s distortion of the Mueller Report, and who was a Trump-appointed U.S. Attorney.” (Hur also clerked for Judge Alex Kozinski, a right-wing icon on the U.S. Court of Appeals for the 9th Circuit who was forced to resign over accusations of decades-long egregious sexual harassment.) Unlike Barr, Garland did not even release a summary to focus on the salient facts. This blunder, coupled with his unconscionable delay in investigating Trump, bolsters criticism that Garland has been the wrong man for the job.

Finally, the media — which made a spectacle of itself hollering at and interrupting Biden in his news conference after the report was released — certainly amplified the GOP talking point. Many outlets failed to explain that there was insufficient evidence of willfulness. For days, headlines focused on the memory smear rather than on Biden’s exoneration. Worse, Sunday news shows misreported the report.

The Biden-Harris campaign decried the media’s obsession with Biden’s age while virtually ignoring another rambling, incoherent Trump speech in which he insisted Pennsylvania would be renamed if he lost. (In South Carolina on Saturday, he was at it again, inviting Russia to invade NATO countries and insulting Nikki Haley’s deployed husband.) By habitually and artificially leveling the playing field, much of the media enables MAGA propaganda and neglects Trump’s obvious mental and emotional infirmities.

Still, facts matter. Biden acted responsibly and committed no crime. Trump faces multiple felony counts, including intentionally withholding top-secret documents and obstructing an investigation. Three years separate Biden and Trump in age, but the distance between their mental and emotional fitness remains incalculable — as is the chasm between the media we have and the media democracy requires.

I have not seen Tucker Carlson’s interview of Vladimir Putin but I’ve heard plenty about it. On Chris Wallace’s show, Bret Stephens of the New York Times called Tucker the “Tokyo Rose” of our time. Hillary Clinton, interviewed on MSNBC by Alex Wagner, said he was “a useful idiot,” a term first used by Lenin to describe the dupes who parroted Soviet propaganda.

British investigative journalist John Sweeney reviewed Tucker’s interview and was even more scathing in his reaction. John Sweeney blogs at JohnSweeneyRoars. There is more to read so open the link.

He wrote:

Two narcissists but only one looking-glass: what was so bleakly and blackly comical about the Russian strong man Vladimir Putin granting an audience to the far-right showman, Tucker Carlson, was that even the American stooge could not hide his irritation at how boring the little man in the Kremlin was. Putin sensed that annoyance and gave Carlson bitch-slap after bitch-slap.

It would have been more amusing if Carlson had tottered out but the gravity of their shared neo-fascist agenda kept the two planet-sized egos in orbit, just. However, the big reveal of the-useful-idiot-meets-serial-killer show was that the two beauties really didn’t get on. Down the track, I look forward to a leak of what Carlson really felt about Putin. Lines like: “ungrateful dwarf sonofabitch” come to the novelist in me.

Sweeney the journalist notes the glorious moment when Putin upends the conventions and attacks the supplicant for a previous job application. Putin, puffy cheeked on steroids as ever, is waxing long about the 2014 Maidan revolution when the unarmed Ukrainian opposition took to the streets to bring down Kremlin puppet President Viktor Yanukovych:
Putin: “The armed opposition committed a coup in Kiev. What is that supposed to mean? Who do you think you are? I wanted to ask the then US leadership.

Tucker: With the backing of whom?

Vladimir Putin: With the backing of CIA, of course, the organization you wanted to join back in the day, as I understand. We should thank God, they didn’t let you in.

Carlson looks so mortified that I wondered whether his carefully coiffed hairdo might levitate in horror, as well it might. Who would have known that this career anti-elite hobgoblin had once tried to join the Company? Well, the former head of the Russian intelligence service, for one.

I feel I am entitled to be critical of Tucker Carlson because, firstly, he is a traitor to the human soul, and, secondly, I have interviewed Putin myself. Back in 2014, after the shooting down of MH17 by a Russian BUK missile, my colleagues at BBC Panorama and I worked out that the little man in the Kremlin was going to open some museum of mammothology in Yakutsk in the far east of Siberia. I rocked up, popped my question, Putin was caught in the bright lights of the Kremlin’s patsy media cameras – they thought my popping up had official permission – and Peskov, his PR man, was embarrassed. A few hours a goon came and punched me in the stomach. The Kremlin didn’t like my question. Still, I got off lightly.

Carlson’s interview set out several things about Putin to his core audience of ignorant white Americans who don’t like the twenty-first century (although they have been pretty clear to some of us for two decades, more): that Putin is boring, very; that he is nasty, very; that he is used to getting his own way to a pathological extent; that he is a liar; that he is incapable of explaining why he has invaded Ukraine in simple terms that make sense because he can’t.

Carlson wanted so little from the Russian dictator but the pleonexic couldn’t bring himself to be the least bit generous. Pleonexia is a term first applied to Putin by the great Kremlin-watcher Masha Gessen, meaning: having an irresistible urge to take things that rightfully belong to another. I wrote a whole chapter of my book, Killer In The Kremlin, on Putin’s craving to take from others: objects, countries, yes and yes, but also the time of others too. Putin turned up late for our departed Queen, late for the King of Spain, late for the Pope and four and a half hours late, of course, for then German Chancellor, Angela Merkel. So Carlson should not have been the least bit surprised that Putin stole his time, wasting the precious first half hour of the interview by setting out a dark fairy story that history showed that Russia has a right to repress Ukraine.

How can I best summarise Putin’s case? He was talking bollocks, total bollocks. The evolution of Ukraine and then Russia – Kyiv was a well-organised citadel in the tenth century when Moscow was still a few sticks in a bog – is messy and complicated. But the modern world started in 1945 and rule number one, in Europe at least, was that no country should invade another. Nothing whatsoever from the past trumps that. Full stop.

One other Putin comment which will drive up the Polish defence budget by another five percentage points was that the Poles somehow brought on 1939 themselves, that they should have negotiated with Hitler. What? Hello?

Carlson is a great showman, his glands unctuous, his tongue fluent but he is also a profoundly stupid man who even failed to get a degree from the rich kid’s diploma factory his family money sent him to.  I didn’t expect him to challenge Putin on the Russian’s fairytale history lesson but there is one simple thing that even a very thick CIA reject should have cottoned on to. One of Putin’s beefs about Ukraine is that their leaders are Nazi. President Zelenskiy is Jewish. Hello?

OK, let me break this down in a simple way by telling a true story of just how un-Nazi Ukraine is, from my own personal experience. At the height of the Battle of Kyiv, when the Russian army was twelve miles away from the city centre, I got a call from the Jewish Chronicle in London, inviting me to be their stringer. I explained that I wasn’t Jewish. They replied that they knew but there was no-one else. I said yes because it struck me as funny to work for a Jewish paper in a country the Kremlin said was Nazi. I got to hang out with the Chief Rabbi of Ukraine, to see Jewish aid relief to the front lines of Ukraine, to talk to soldiers who were Jewish – and also Muslim and Christian and those with no faith. The one thing I have not seen is strong evidence of Ukraine being Nazi. Because it isn’t.

All Carlson had to do was say: “but Mr Putin, how could Ukraine be Nazi if the President is Jewish?”

He did nothing of the kind. Carlson’s commitment to the cause, some kind of lower case Fascist International, was greater than his nous. But we knew that, didn’t we?
The worry remains that Carlson’s core audience will, once again, place their prejudices above their ability to weigh evidence. That is what the political religion they call MAGA does. What we all saw is a thoroughly horrible human being with a closed mind meeting the President of Russia. The latter, it turns out, is also a thoroughly horrible human being with a very closed mind and a bore – a crushing one at that.

Open the link and read on.

Perry Stein of The Washington Post asked the question that many others are asking: Did Special Counsel Robert Hur include inappropriate speculation about Biden in his voluminous report about the classified documents found in Biden’s home and offices? Why? The Justice Department typically does not disclose lengthy reports about a person who has been exonerated and will not be charged. Why did DOJ violate that long-standing policy? Who allowed Hur’s political ruminations to remain in the report? Why was it published? Did Hur recognize that his personal observations would affect the Presidential campaign? Did he “Comey” Biden? Why did Garland select a former Trump appointee to investigate Biden? Is he naive or was he trying to prove how nonpartisan he is?

She writes:

The conclusion laid out in special counsel Robert K. Hur’s final report was straightforward: Joe Biden mishandled classified materials in 2017, though there was not enough proof that he intended to break the law to meet the Justice Department’s high prosecution threshold.

But the 345-page report also contained explosive information about President Biden’s allegedly faulty memory, overshadowing the issue of how he stored sensitive government materials after his vice presidency ended.

Hur portrayed the president as an elderly man who shared sensitive information with his ghostwriter andstruggled to remember key details in his life — unleashing calls from Republicans that Biden is unfit to serve, and a furious backlash from Democrats who said assessments of the president’s memory were inappropriate.

The appointment of a special counsel is intended to make high-profile, sensitive investigations as independent and apolitical as possible. But current and former Justice Department officials said the increasing reliance on special counsels to handle such investigations has upended a central principle of the agency: to avoid prejudicing the public against people who are not charged.

“Special Counsel Hur report on Biden classified documents issues contains way too many gratuitous remarks and is flatly inconsistent with long standing DOJ traditions,” former Attorney General Eric Holder, a Democrat, wrote on social media Friday. “Had this report been subject to a normal DOJ review these remarks would undoubtedly have been excised.”

Hur’s blistering characterization of Biden has made the report intractable from politics during an election year in which Biden’s opponents already were focused on his age and questioning his mental fitness.

Some legal experts say aspects of thereport have echoes of FBI Director James B. Comey’s decision in 2016 to call Hillary Clinton “extremely careless” as he publicly announced that he would be closing an investigation into her use of a private email server while she was secretary of state.

Comey was a top federal law enforcement official whose agency is not responsible for deciding when to prosecute. Unlike Hur, he was not tasked with issuing a report to explain his investigation. But he broke with FBI protocol by publicly discussing an investigation that ended without charges. And his words impugned Clinton’s credibility ahead of the presidential election in which she was the Democratic nominee, just as Hur’s report seems to have done with Biden as he seeks a second term.

Attorneys general typically name special counsels to lead investigations when the public could reasonably perceive a conflict of interest if the attorney general — a presidential appointee — were to oversee it. A special counsel has more independence from Justice Department leaders than other federal prosecutors, but still ultimately answers to the attorney general.

Hur was appointed by Attorney General Merrick Garland, who promised Congress even before he saw the report that he would make as much of it public as he was legally allowed to do.

Garland named Hur to investigate classified material found in Biden’s private home and former think tank office months after he appointed a special counsel to investigate former president Donald Trump’s potential mishandling of classified materials, as well as Trump’s alleged efforts to overturn the 2020 election results. Garland also appointed a special counsel to investigate Biden’s son, Hunter. Both the Trump and the Hunter Biden special counsels have led to criminal charges detailed in federal grand jury indictments, which contain far less information than special counsel reports.

Under department regulations, a special counsel submits a confidential report to the attorney general, explaining his or her decisions whether to prosecute (Justice Department policy precludes charging sitting presidents). It is up to the attorney general to decide whether to make that report public.

When Garland received Hur’s report Monday, he could have made redactions before he sent it to Congress. President Biden could have also exerted executive privilege and made redactions. But neither did. Had they wanted to, legal experts said, they would have had to inform Congress, and likely would have received intense backlash from Republicans.

Congressional leaders are likely to ask Hur to testify about the report. Lawmakers have already asked the Justice Department to release the transcripts and records of the interviews that were part of the investigation.

Hur’s report lists many reasons it would be difficult to convict Biden of willfully mishandling classified documents when he was out of office — including that Biden knew some of his predecessors also had kept notebooks with sensitive information, and that his handling of his own notebooks in 2017 showed instances where he “took steps to ensure” he did not share classified information with the person helping him to write a memoir. The report said some classified material found in Biden’s possession appeared to have been packed up by staff by mistake, and noted that, as president, Biden quickly handed over classified material his aides found last year.

But Hur also used scathing details about Biden’s memory lapses to help explain why he was declining to recommend pursuingcharges against the president after he leaves office. Among the reasons: Biden’s memory was reportedly so bad that a jury would struggle to believe he intentionally retained the classified information.

“We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory,” Hur wrote in the report. “It would be difficult to convince a jury that they should convict him — by then a former president well into his eighties — of a serious felony that requires a mental state of willfulness.”

Hur is a well-respected attorney who served as U.S. attorney in Maryland and as a senior Justice Department official during the Trump administration. When he was appointed special counsel, his former colleagues described him as fair-minded and apolitical. He vowed to lead the investigation with “fair, impartial, and dispassionate judgment.”

Harvey Eisenberg, a recently retired assistant U.S. attorney who worked with Hur in Maryland, said that Justice Department rules require prosecuting decisions based on a “reasonable probability of conviction.”

In the report, Harvey said that Hur appeared to include details about Biden’s memory to show how he assessed whether there was a strong chance that Biden would, hypothetically, be convicted at trial. Hur wrote that the president’s struggle to recall specific details of when and where he handled documents would have made it harder to convince a jury that he deliberately broke the law.

“He never uttered a political word to me or showed an inclination to have politics play a part in any decisions that I was making,” said Eisenberg, who was not involved with the special counsel. “I’m sure he didn’t take it lightly, that would be atypical of who I know the man to be.”

Neal Katyal, a former acting solicitor general under President Barack Obama, helped craft the special counsel regulations in the 1990s, as a young Justice Department lawyer. Katyal said officials at the time expected that most special counsel reports would not be made public, given long-standing Justice Department guidelines to not comment when prosecutors decline to indict someone.

But that’s changed in recent years. In 2019, special counsel Robert S. Mueller III’s investigation into possible Russian interference in the 2016 presidential election helped establish a new norm: Reports would be made public, in an effort to demonstrate transparency and that an investigation was thorough and fair.

Katyal, citing his own role in creating the special counsel rules, wrote an op-ed in The Washington Post that year saying Mueller’s report should be released so that the public would “have confidence that justice was done.”

On Friday, Katyal questioned Hur’s decision to include Biden’s alleged mental lapses during hours of interviews, including that he could not remember the year his son Beau died of cancer and struggled to recall the years of his vice presidency (Biden angrily denied those characterizations after the report was released).

“Perhaps there was some justification for special counsel Hur to comment on the president’s age and mental fitness, but I severely doubt it, and the report is not reassuring in this regard,” Katyal said in an email. “It seems gratuitous and wrong.”

Justice Department declination memos — which prosecutors write when they decide not to pursue charges, essentially ending an investigation — are virtually never made public. That’s in part because Justice Department guidance says that prosecutors should be sensitive to the privacy and reputation of people they are not charging. When charged,criminal defendants have the chance to defend themselves in a court of law. But when a person is publicly accused of problematic behavior but not charged, they have no opportunity to present evidence and mount a defense. [My emphasis added-DR]

Legal experts said that what’s so striking about the Hur report.

“It would have been sufficient to say that we did not have sufficient evidence that he was acting willfully,” Barbara McQuade, a law professor at the University of Michigan Law School and former federal prosecutor, said at a public roundtable on Friday. “To instead besmirch his reputation struck me as going a bit above and beyond what you would expect from an ordinary prosecutor.”

As a special counsel, Hur’s “legal outcome is indeed fair and appropriate,” said Anthony Coley, a former Justice Department employee who was the agency’s top spokesman when Garland appointed Hur last January. “But the editorializing — the excessive, unnecessary commentary about an uncharged individual — does not reflect DOJ’s best traditions.”

Aaron C. Davis and Ann E. Marimow contributed to this report.

Perry Stein covers the Justice Department and FBI for The Washington Post. She previously covered D.C. education. Before she joined The Post in 2015, she was a staff writer for Washington City Paper and wrote for the Miami Herald.

Matt Viser of The Washington Post spoke to sources inside the Biden White House who had first-hand knowledge of President Biden’s five-hour interview with Special Counsel Robert K. Hur and his team. Viser reports that Biden’s associates were shocked by the derogatory statements in Hur’s report, casting doubt on Biden’s mental competence. They thought the meeting went well. From the report, it appears that Hur asked questions about dates and details that caught Biden off-guard, and Hur used Biden’s uncertainty to demean his intelligence.

As you read the reporting from people who were in the room, it appears that Hur asked “gotcha” questions (do you remember what you did six years ago? And do you remember the exact date? And what about that memo from 2009? Do you know which box it is in? Who put it there?)

Viser wrote:

President Biden had just spoken with Israeli Prime Minister Benjamin Netanyahu the morning of Oct. 8, agonizing over how to rescue hostages taken by Hamas in its bloody attack the previous day, pledging American assistance, and weighing a volatile situation that threatened to spiral out of control in the Middle East.

Shortly after they hung up, the president’s personal attorney, Bob Bauer, and White House counsel Ed Siskel arrived at the White House. The group walked down one flight of stairs to the Map Room, where Biden was to be interviewed by special counsel Robert K. Hur, who for nine months had been investigating Biden’s handling of classified documents.

Those five hours and 10 minutes of interviews, unfolding over two days, would turn out to be momentous. But at the time, few foresaw how they would blow up four months later — not because of their content, but because Hur would repeatedly deride Biden’s memory during their time together. In a long-awaited report issued this week, Hur declined to prosecute Biden over his handling of classified documents but cast doubt on his memory, threatening to upend Biden’s pursuit of reelection by dwelling on perhaps his biggest political liability.

Hur’s description of Biden’s demeanor as that of a “well-meaning, elderly man with a poor memory” would infuriate Biden’s aides, who saw it as sharply at odds with what occurred as the president sat for voluntary questioning, according to two people familiar with the matter who spoke on the condition of anonymity to recount internal discussions. Hur cited the president’s ostensible memory problems in concluding that he would have trouble convincing a jury that Biden had willfully mishandled classified documents.

In the view of Biden’s team, the interviews proceeded in a routine, even dry, manner, as prosecutors asked Biden where he bought a particular file cabinet and how certain boxes were packed.

Biden himself was focused at the time on more immediate and world-shaking matters, having just made a round of phone calls to U.S. allies that would affect the roiling situation in the Middle East.

Biden and his attorneys even discussed postponing the interview, but they ultimately decided against it. They had already blocked off two days on the president’s schedule and, with the investigation already dragging on much longer than anticipated, were eager to put it behind them. They never contemplated resisting Hur’s request for the interview, figuring Biden had little to hide and would benefit from being transparent, according to members of his legal team.

Inside the White House, workers had converted a space on the first floor into a secure setting where classified information could be discussed. Long tables were brought into the Map Room, which takes its name from President Franklin D. Roosevelt’s use of the space to consult maps and track the progress of World War II. It is also the room where, in 1998, President Bill Clinton testified to independent counsel Kenneth W. Starr about his role in the Monica Lewinsky scandal.

Biden and Hur sat across from each other, each with about four aides. Bottles of water sat on the table. Biden was flanked by Bauer to his right and Siskel to his left. Hur, who would be asking the questions, was accompanied by his deputy Marc Krickbaum, a former U.S. attorney for the Southern District of Iowa, and several FBI agents.

The session started roughly on time, a rarity for the perennially late Biden. Hur introduced himself, noted the presence of a tape recorder that would be recording the session, listed everyone in the room, and began matter-of-factly interrogating the president.

The topics were straightforward, according to the people familiar with the matter and Hur’s later report, tracking years-old movements of boxes full of documents, including those that were packed up as Biden finished his vice-presidential term. Hur asked how documents were packed and shipped, and by whom. Biden was asked when he purchased specific file cabinets and what he stored in them.

There were a few moments when one side or the other cracked a modest joke, with a mood more conversational than confrontational. But the subject matter, and the tone, was mostly dry and factual, according to the people.

In some cases, Hur or his assistants would ask Biden to confirm that the handwriting on certain documents was his own — including on a folder that contained “Afganastan,” a misspelling that prosecutors later said repeatedly showed up in Biden’s writing dating back to the 1980s.

The president’s team had spent significant time preparing Biden to discuss his role in handling the documents, as well as his views on the propriety of keeping notecards where he had jotted down classified information, assuming that was what Hur was interested in. They did not anticipate that the president’s ability to recall dates or other details would figure into the questioning, let alone form such a devastating element of Hur’s report.

“Christ, that goes back a way,” Biden said at one point, reviewing a folder that read “Pete Rouse,” a longtime Senate staffer who was later an aide to President Barack Obama.

Biden at times told Hur he had limited knowledge of how the documents ended up where they did. He was asked at one point how a binder labeled “Beau Iowa” ended up in a well-worn box in his garage that also contained sensitive government material. Beau Biden, the president’s son, died of brain cancer in 2015.

“’Somebody must’ve, packing this up, just picked up all the stuff and put it in a box, because I didn’t,” he said, according to Hur’s report.

Hur later recounted that Biden could not remember exactly what year his vice-presidential tenure began or ended, citing that as evidence his memory was “significantly limited.” The president’s allies forcefully reject that characterization.

At some point, the discussion turned to the year when Beau died; Hur later reported that Biden could not recall the year with specificity. Biden has angrily denied not knowing when his son passed away, adding that it was not Hur’s business to ask such a question in the first place.

It is unclear exactly how Beau Biden came up during the interview, but some classified documents were found intermingled with photos of Beau and condolence notes that were received after his death. Investigators also reviewed Biden’s notebooks, some of which included “entries about purely personal subjects, such as the illness and death of his son, Beau,” they later reported. Beau also came up as they asked about his post vice-presidential pursuits, which included the Cancer Moonshot.

In addition, investigators explored the use of classified materials for Biden’s book “Promise Me, Dad,” which covered the aftermath of Beau’s death, though they concluded that no secret material made it into publication.

After several hours of questioning on Oct. 8, the two sides came to a stopping point and finished for the day. Later that afternoon, a live band could be heard from outside the White House as the president and first lady Jill Biden hosted a barbecue for staffers of the executive residence and their families.

The next day was Columbus Day, a Monday and a federal holiday. In the morning, Biden met with his senior national security advisers to continue discussing the situation in Israel. They were especially concerned about Iran and its proxies seizing advantage of the unstable situation and the possibility that the conflict could spread and engulf the broader Middle East.

One senior administration official involved in the Israel response, speaking on the condition of anonymity to discuss private discussions, said they had no idea that Biden had also been sitting for the special counsel interviews in the midst of the international crisis.

Biden planned that afternoon to speak with close allies of the United States, in hopes of sharing information and coming up with a joint position and strategy. But first, around midday, it was time to continue the meeting with the special counsel and his team. The two sides again filed into the Map Room, where the setup was the same as the day before.

One line of inquiry that afternoon involved a memo that Biden had sent to Obama in 2009 about Afghanistan — a classified document that Biden took from the White House and was later found in his garage, sitting in a damaged cardboard box near a dog crate, a broken, duct-taped lamp, and synthetic firewood. Biden had a copy of the memo, the special counsel later said, because he viewed it as a key piece of evidence showing that he was right to argue within the Obama administration for a drawdown of troops in Afghanistan, a recommendation Obama nonetheless rejected.

Biden told Hur that he had stayed up late on Thanksgiving, writing by hand the only memo that he ever sent solely to Obama and no one else in the government, Hur’s report said.
“I was trying to change the president’s mind, and I wanted to let him know I was ready to speak out … and to really, quite frankly, save his ass,” Biden told the special counsel during the Oct. 9 interview.

He initially told Hur that he was not aware he had kept the memo after his vice presidency ended in January 2017. Asked a follow-up question, he responded, “I guess I wanted to hang on to it for posterity’s sake. I mean, this was my position on Afghanistan. And it later became discussed …. It became discussed inside the foreign policy establishment that I was recommending it.”

Emerging from the interview, Biden and his team felt the sessions had mostly gone as expected. It never occurred to them that Hur’s final report would provide scathing descriptions of Biden’s ostensible memory lapses, making his conclusions politically explosive even as he concluded that no charges were merited against Biden for mishandling classified documents.

The shock of Biden’s lawyers is evident in a letter they wrote in response to the report.
“At the outset of the interview, you recognized that the questions you planned to ask ‘relate to events that happened years ago,’ but nonetheless expressed your hope that the president would ‘put forth [his] best efforts and really try to get [his] best recollection in response to the questions we ask,’” Biden’s attorneys wrote. “It is hardly fair to concede that the president would be asked about events years in the past, press him to give his ‘best’ recollections, and then fault him for his limited memory.”

All that, however, was in the future. For the moment, Biden’s lawyers felt the interview had gone as well as could be expected.

And Biden had more urgent issues.

Immediately after the interview concluded, he walked to the Oval Office to meet with his national security team and call European counterparts. He also called Sen. Cory Booker (D-N.J.) who was in Israel, to check on him and see if there was anything the White House could provide.

That night, the White House was illuminated in blue and white, the colors of the Israeli flag, to express solidarity with an ally that had just lost more than 1,000 citizens to a terrorist attack and was about to launch a long, deadly war. Biden, according to a person close to him, had retired to the residence that night to work on a speech he would deliver the next day.


Yasmeen Abutaleb, Perry Stein and Tyler Pager contributed to this report.

Matt Viser is a White House reporter for The Washington Post. He joined The Post in October 2018, covering the midterms and the 2020 presidential election before moving over to the White House to cover President Biden’s administration. He was previously deputy chief of the Washington bureau for the Boston Globe.

Marcy Wheeler, at her Empty Wheel blog, submits the nearly 400-page Robert K. Hur report to a close textual analysis and concludes that his long-winded effort to find evidence of Biden’s criminality produced nothing other than his gratuitous and mean-spirited comments about Biden’s mental health. The full post is not reproduced here. Open the link to finish it.

She begins:

In the middle of his explanation for why he believed that Joe Biden had willfully retained classified records pertaining to Afghanistan but that he couldn’t prove that beyond a reasonable doubt, Special Counsel Robert Hur admitted that jurors “who are unwilling to read too much into” what Hur describes as an 8-word utterance would find his case lacking.

But reasonable jurors who are unwilling to read too much into Mr. Biden’s brief aside to Zwonitzer–“I just found all the classified stuff downstairs”–may find a shortage of evidence to establish that Mr. Biden looked through the “Facts First” folder, which is the only folder known to contain national defense information. These jurors would acquit Mr. Biden of willfully retaining national defense information from the “Facts First” folder.

I’m puzzled how this is not a confession that he, Hur, was really reading too much into two file folders the FBI found in a box in Biden’s garage.

Indeed, that’s what two bizarre chapters in his story are, Hur the novelist, spinning a story about this box because, he admitted much earlier, this is the best he’s got.

As explained in Chapter Eleven, the strongest case for criminal charges against Mr. Biden relating to the Afghanistan documents would rest on his retention of the documents at the Virginia home in 2017.

The only other retained documents he even considered charging were Biden’s diaries, which Biden seems to have kept under the Presidential Records Act’s exclusion of diaries from the definition of Presidential Records (though Hur included a picture of Biden taking notes in one of these notebooks during a key meeting in the Situation Room, so that notebook, at least, was a Presidential Record).

(3) The term “personal records” means all documentary materials, or any reasonably segregable portion thereof, of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term includes–

(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;

To sustain his claim that those notebooks represented willful retention that he couldn’t prove, Hur got in a squabble about the precedent set by Ronald Reagan’s diaries, which similarly included classified information, but which weren’t charged even after they bcame key evidence in the Iran-Contra investigation. Biden had a precedent to rely on, and so Hur didn’t charge.

So left with only the box in the garage to appease the Republicans, Hur worked backward from this reference in a conversation Biden had with his ghost writer in 2017, the 66-word utterance on which he built a 388-page report:

So this was – I, early on, in ’09-I just found all the classified stuff downstairs-I wrote the President a handwritten 40-page memorandum arguing against deploying additional troops to Iraq-I mean, to Afghanistan-on the grounds that it wouldn’t matter, that the day we left would be like the day before we arrived. And I made the same argument … I wrote that piece 11 or 12 years ago. [my emphasis]

Only Hur didn’t call it a 66-word utterance. He called it an 8-word utterance, repeating those bolded eight words 23 times in the report without mention of the 40-page memorandum that Biden mentioned in the same sentence. Only once did he provide the full context.

Biden’s attorneys argued that given that Biden mentioned it in the very same sentence, it’s more likely that Biden was referring to that memo than two folders of documents found in a box in Biden’s garage.

We believe that an accurate recitation of the evidence on this point would recognize the strong likelihood that the President was referring in the recording to his private handwritten letter to President Obama — the one mentioned on this recording immediately after the eight words that you are focused on — rather than the marked classified Afghanistan documents discovered in the Wilmington garage.

There were drafts of the memo — which Biden wrote over Thanksgiving in 2009 in an attempt to dissuade President Obama from surging more troops into Afghanistan — in the box in the garage, but the FBI found the hand-written memo itself stored elsewhere in Biden’s Wilmington home. It too had classified information in it, but Hur treated it like the diaries it was found in, something Biden wrongly treated as a personal document.

Because these documents on Afghanistan were the only thing he had, Hur went to some length to spin a story that might be consistent with Biden finding those documents in a rental house in Virginia in early 2017 and, just weeks after having sent other marked classified documents back to the Naval Observatory, deciding to keep them.

Part of that involved telling two stories, which narratively collapse events from 2017 with the discovery of the documents in question, to provide motive.

Hur’s first attempt suggested that Biden willfully retained these documents to help write his book, Promise Me, Dad, on which he was working with the ghost writer to whom he mentioned classified documents.

MR. BIDEN’S SECOND BOOK, PROMISE ME, DAD, AND THE DISCOVERY OF CLASSIFIED AFGHANISTAN DOCUMENTS

Like many presidents, Mr. Biden has long viewed himself as a historic figure. Elected to the Senate at age twenty-nine, he considered running for president as early as 1980 and did so in 1988, 2008, and 2020. During his thirty-six years in the Senate, Mr. Biden believed he had built a record in both domestic and foreign affairs that made him worthy of the presidency.

In addition to the notebooks and notecards on which he took notes throughout his vice presidency, Mr. Biden collected papers and artifacts related to noteworthy issues and events in his public life. He used these materials to write memoirs published in 2007 and 2017, to document his legacy, and to cite as evidence that he was a man of presidential timber.

Only, that story didn’t work, because Promise Me, Dad wasn’t about Afghanistan, it was about Beau’s death and Biden’s subsequent decision not to run for President in 2016. And while Hur tried to fudge what surely was the result of a classification review, that book had no classified information in it.

Please open the link to finish this excellent exegesis of the Hur report.

Heather Cox Richardson confirmed my reaction to the Hur report. It rambles on repetitively and tediously for 388 pages. But a one-page summary would have told its central funding: classified documents— from the 1970s and from his Vice-Presidency (2009-2017), mostly in his hand-written notebooks—were found in his homes and offices, but there will be no charges against him because there is no evidence of a crime. Biden was completely exonerated. The report’s multiple references to Biden’s age, mental acuity, and memory were gratuitous.

The media takeaway, however, was purely political: Biden’s mental fitness to serve as President became the headline, not the fact that he was completely exonerated.

Should Merrick Garland have expected something different from a prosecutor who is a member of the Federalist Society and who previously was appointed by Jeff Sessions and Trump? Of course, the full report would have leaked, given the political background of its author.

Garland had the duty to review the voluminous and repetitive text before it was released. He could have decided that it should be condensed into a 1-3 page summary, as the investigation of Mike Pence’s documents was. But Garland was afraid it would leak so he didn’t touch it.

Richardson writes:

Yesterday, Special Counsel Robert Hur, appointed by Attorney General Merrick Garland in January 2023 to investigate President Joe Biden’s handling of classified documents before he was president, released his report. It begins: “We conclude that no criminal charges are warranted in this matter. We would reach the same conclusion even if Department of Justice policy did not foreclose criminal charges against a sitting president.” The Department of Justice closed a similar case against former Vice President Mike Pence on June 1, 2023, days before Pence announced his presidential bid, with a brief, one-page letter.

But in Biden’s case, what followed the announcement that he had not broken a law was more than 300 pages of commentary, including assertions that Biden was old, infirm, and losing his marbles and even that “[h]e did not remember, even within several years, when his son Beau died” (p. 208).

As television host and former Republican representative from Florida Joe Scarborough put it: “He couldn’t indict Biden legally so he tried to indict Biden politically.”

Biden, Vice President Kamala Harris, and their teams came out swinging against what amounted to a partisan hit job by a Republican special counsel. The president’s lawyers noted that it is not Department of Justice practice and protocol to criticize someone who is not going to be charged, and tore apart Hur’s nine references to Biden’s memory in contrast to his willingness to “accept…other witnesses’ memory loss as completely understandable given the passage of time.”

They pointed out that “there is ample evidence from your interview that the President did well in answering your questions about years-old events over the course of five hours. This is especially true under the circumstances, which you do not mention in your report, that his interview began the day after the October 7 attacks on Israel. In the lead up to the interview, the President was conducting calls with heads of state, Cabinet members, members of Congress, and meeting repeatedly with his national security team.”

Nonetheless, they note, Biden provided “often detailed recollections across a wide range of questions, from staff management of paper flow in the West Wing to the events surrounding the creation of the 2009 memorandum on the Afghanistan surge. He engaged at length on theories you offered about the way materials were packed and moved during the transition out of the vice presidency and between residences. He pointed to flaws in the assumptions behind specific lines of questioning.”

They were not alone in their criticism. Others pointed out that Republicans have made Biden’s age a central point of attack, but Politico reported last October that while former House speaker Kevin McCarthy (R-CA) was publicly mocking Biden’s age and mental fitness, he was “privately telling allies that he found the president sharp and substantive in their conversations.” Dan Pfeiffer of Pod Save America and Message Box noted that the report’s “characterizations of Biden don’t match those relayed by everyone who talks to him, including [Republicans].”

He explained: “There are few secrets in [Washington], and if Joe Biden acted like Hur says, we would all know. Biden meets with dozens of people daily—staffers, members of Congress, CEOs, labor officials, foreign leaders, and military and intelligence officials…. If Biden was regularly misremembering obvious pieces of information or making other mistakes that suggested he was not up to the job, it would be in the press. Washington is not capable of keeping something like that secret.”

But the media ran not with the official takeaway of the investigation—that Biden had not committed a crime—or with a reflection on the accuracy or partisan reason for Hur’s commentary, but with Hur’s insinuations. Josh Marshall of Talking Points Memo noted that the New York Times today ran five front-page stories above the fold about the report and Biden’s memory….

As far back as 1950, when Senator Joe McCarthy (R-WI) insisted—without evidence—that the Department of State under Democratic president Harry Truman had been infiltrated by Communists, Republicans have used official investigations to smear their opponents. State Department officials condemned McCarthy’s “Sewer Politics” and the New York Timescomplained about his “hit-and-run” attacks, but McCarthy’s outrageous statements and hearings kept his accusations in the news. That media coverage, in turn, convinced many Americans that his charges were true.

Other Republicans finally rejected McCarthy, but in 1996, congressional Republicans frustrated by the election of Democratic president Bill Clinton in 1992 and the Democrats’ subsequent expansion of the vote with the so-called Motor Voter law in 1993 resurrected his tactics. They launched investigations into two elections they insisted the Democrats had stolen. They discovered no fraud, but their investigation convinced a number of Americans that voter fraud was a serious problem.

There were ten investigations into the 2012 attack on two U.S. government facilities in Benghazi, Libya, in which four Americans were killed and several others wounded; Republican-dominated House committees held six of them. Kevin McCarthy bragged to Fox News personality Sean Hannity that the Benghazi special committee was part of a “strategy to fight and win” against then–Secretary of State Hillary Clinton.

The strategy of weaponizing investigations went on to be central to the 2016 election, when Trump ran on the investigation of Clinton’s email practices, and to the 2020 election, when Trump tried to weaken Biden’s candidacy by trying to force Ukraine president Volodymyr Zelensky to say that Ukraine was opening an investigation into Hunter Biden and the company he worked for.

Going into 2024, the House is investigating Hunter Biden, and while witness testimony and evidence has not supported their contention that President Biden is corrupt, the stench of the hearings has convinced a number of MAGA voters of the opposite.

And now the media appears to be falling for this strategy yet again.

Political commentator Brian Tyler Cohen outlined how Biden’s performance disproves the argument that he is unfit for the presidency: “The thing about Biden’s memory,” Cohen wrote, “is that he’s presided over the addition of ~15 million jobs & 800k manufacturing jobs, 23 straight months of sub-4% unemployment, surging consumer sentiment, wages outpacing inflation, the American Rescue Plan, Inflation Reduction Act, CHIPs Act, PACT Act, infrastructure law, gun safety law, VAWA, codified marriage equality, canceled $136 billion in student loan debt for 3.7 million borrowers, bolstered NATO, and presided over electoral wins in ‘20, ‘22 and ‘23….”

It may be, though, that the report has been a game changer in a different way than Hur intended it. Hur’s suggestion that Biden does not remember when his son died seems to echo the moment in the 1954 Army-McCarthy hearings in which Senator McCarthy was trying to prove that the U.S. Army had been infiltrated by Communists. Sensing himself losing, McCarthy attacked on national television a young aide of Joseph Nye Welch, the lawyer defending the Army.

“Have you no sense of decency, sir?” Welch demanded. “At long last, have you left no sense of decency?” McCarthy didn’t, but Americans did, and they finally threw him off the public stage.

Biden supporters took their gloves off today, producing videos of Trump’s incoherence, gaffes, and wandering off stages, and noting that he mistook writer E. Jean Carroll, whom he sexually assaulted, for his second wife, Marla Maples, when asked to identify Carroll in a photograph. They also produced clips of Fox News Channel personalities Sean Hannity and Jesse Watters messing up names themselves on screen, and gaffes from Republican lawmakers.

Senior communications advisor for the Biden-Harris campaign T.J. Ducklo released a statement lambasting Trump for a speech he gave tonight in Harrisburg, Pennsylvania, saying: “Tonight, he lied more than two dozen times, slurred his words, confused basic facts, and placated suingvthe gun lobby weeks after telling parents to ‘get over it’ after their kids were gunned down at school. But you won’t hear about any of it if you watch cable news, read this weekend’s papers, or watch the Sunday shows.”

But it was Biden who responded most powerfully. “There’s even a reference that I don’t remember when my son died,” he told reporters. “How in the hell dare he raise that…. I don’t need anyone to remind me when he passed away.” And when asked about Hur’s dismissal of him as a “well-meaning, elderly man with a poor memory,” Biden responded with justified anger: “I am well-meaning, and I’m an elderly man, and I know what the hell I’m doing. I’ve been President. I put this country back on its feet.”

Writing in The New Republic, Michael Tomasky describes how the rightwing has deftly invested in buying up media properties, even those that lose money. They play the long game, Tomasky argues, while Democrats and liberals ignore the reality of media control. Sinclair has been so successful in rural areas that Democratic candidates don’t have a chance. He wonders whether Democratic big wheels will ever catch in.

I subscribe to The New Republic. So should you.

He writes:

You have no doubt seen the incredibly depressing news about the incredibly depressing purchase of The Baltimore Sun by the incredibly depressing David Smith, chairman of Sinclair Broadcast Group, the right-wing media empire best known for gobbling up local television news operations and forcing local anchors to spout toxic Big Brother gibberish like this.

The Sun was once a great newspaper. I remember reading, once upon a time, that it had sprung more foreign correspondents into action across the planet than any American newspaper save The New York Times and The Washington Post. It had eight foreign bureaus at one point, all of which were shuttered by the Tribune Company by 2006. But the Sun’s real triumphs came in covering its gritty, organic city. And even well after its glory days, it still won Pulitzers—as recently as 2020, for taking down corrupt Mayor Catherine Pugh, who served a stretch in prison thanks to the paper.

Smith wasted no time in showing his cards during his first meeting with the staff Wednesday. He was asked about a comment he made to New York magazine back in 2018, when he said, “Print media is so left wing as to be meaningless dribble.” (“Dribble”? Let’s hope he won’t be on the copy desk.) Did he feel that way about the Sun specifically? “In many ways, yes,” Smith said, adding that he wants the paper to emulate the local Fox affiliate, which is owned … by Sinclair.

But this column isn’t about the Sun and Smith. In fact, I applaud Smith and Sinclair in one, and only one, respect. They get it. They understand how important media ownership is. They are hardly alone among right-wing megawealthy types. Of course there’s Rupert Murdoch, but there are more. There’s the late Reverend Sun Myung Moon, who, after he got rich from his Unification Church, sprouted media properties, most notably The Washington Times, still owned by the church’s News World Communications (once upon a quaint old time, it was shocking that the conservative newspaper in the nation’s capital was started by a cult). And Philip Anschutz, whose Clarity Media Group started the tabloid newspaper The Washington Examiner in 2005. These days, the list includes Elon Musk with X/Twitter, Peter Thiel and Senator J.D. Vance with Rumble (a right-wing YouTube alternative), Ye with his attempted purchase of the now-defunct Parler, and, of course, Donald Trump, with Truth Social. They all understand what Viktor Orbán told the Conservative Political Action Conference in 2022: “Have your own media.” Shows like Tucker Carlson’s old Fox show, the Hungarian strongman said, “should be broadcast day and night….”

The right-wing media is now the agenda-setting media in this country, and it’s only getting bigger and more influential every year.

And how have the country’s politically engaged liberal billionaires responded to this? By doing roughly nothing.

I’ve been in the trenches of this fight for many years. Back in the George W. Bush era, the late Rob Stein, a Democratic insider and good friend of mine, mapped for the first time the conservative infrastructure in a PowerPoint presentation that became such a hot ticket in Washington liberal circles that The New York Times Magazine did a story about it. He showed, from looking over conservative groups’ 990s (because they were mostly all nonprofits), how much was spent on policy development, how much on field operations, how much on youth training, and how much on media. I don’t remember the numbers, but the media figure was high.

Much of this spending was coordinated. Murdoch’s empire didn’t count, because his properties were for-profit, as was The Washington Times. But a lot of the nonprofit spending was directed by a handful of anointed movement leaders, and they made certain that a big chunk of money was spent on media.

I used to try to argue, whenever I was lucky enough to get the ear of one of our side’s rich people for five minutes, that we needed to build an avowedly liberal media infrastructure. I was told that they just weren’t that interested. They had other priorities. They were concerned with the issues. They weren’t prepared to lose all that money, and for what?

For what? Ask Viktor Orbán. He knows. Ask Rupert. Why has he held onto the New York Post? News Corp., the parent company, makes a profit. But the Post loses kajillions. Nobody knows how much, but here’s an estimate from 12 years ago that put the paper’s losses at $60 to $120 million a year.

So why does he keep it? Because it’s worth every penny. It gives him power. The Post’s editors know how to use its front page and its news pages to shape discourse. Where did last fall’s New York crime scare come from, the one that had Westchesterites convinced they dare not set foot in the city, and which elected all those Republican members of Congress? From the Post, that’s where.

I used to be told sometimes, “Yes, but we have The New York Times, The Washington Post …” Really? No, not really. Sure, they endorse Democrats mostly. And sure, much of their social and cultural coverage proceeds from liberal assumptions. They, and almost all of the mainstream media, will not write a story today suggesting, for example, that undocumented immigrants across America should be rounded up en masse and deported. This has been a hard-won reality forged by many activists and intellectuals over many years, and it is a good thing.

But it isn’t capital-P Politics. On capital-PPolitics, The New York Times and The Washington Post often let liberals down. I was having these arguments, as I said, back when Dubya was president, and he and his vassals were ginning up their phony case for invading Iraq. Which newspaper published the infamous “aluminum tubes” story charging that Saddam Hussein was seeking material that could only be used in nuclear centrifuges? The Times, on its front page on a crucial Sunday in the fall of 2002, as Bush officials spent the day fanning out onto the political chat shows touting the article.

It was false. Eventually, the Times itself debunked the story—but in 2004, well after the war had started. And as for the Post, that liberal paper’s editorial page was one of the most important promoters of the Iraq invasion in all of American media. (Speaking of the unreliability of liberal media outlets at that time, it would be evasive of me not to mention The New Republic’s own fervent support of the war, but that wasn’t me; I was helming The American Prospect at the time, and we opposed it.)

I used to say to people: What we need is a full-throated liberal tabloid in Washington—a Washington version of the New York Post that would use its front pages and its news columns to promote embarrassing stories and scandals about Bush administration officials, evangelical grifters, and other prominent right-wingers. It would be agenda-setting. It would have some juicy gossip columns and a great sports section because a tabloid newspaper has to. And most of all, it would have done the vital work of connecting liberal values to a proletarian tabloid sensibility.

Everyone I mentioned this to laughed in my face, and maybe you are too. But Phil Anschutz didn’t laugh. He started a conservative tabloid right around the same time I was saying our side should start a liberal one. And what’s happened? I suppose he’s lost money, although I don’t really know. But The Washington Examineris a respected property (it gave up on print in 2013, but that was fine; by then it was an established presence). I see its people on cable news, and it has produced some legit stars like Tim Alberta. It has influence, I assume its reporters have Hill press credentials, and I don’t see anybody laughing at it…

And now let’s return our thoughts to Sinclair. How different would things be out there in America if, 15 or 20 years ago, some rich liberal or consortium of liberals had had the wisdom to make a massive investment in local news? There were efforts along these lines, and sometimes they came to something. But they were small. What if, instead of right-wing Sinclair, some liberal company backed by a group of billionaires had bought up local TV stations or radio stations or newspapers all across the country?

Again, we can’t know, but we know this much: Support for Democrats has shriveled in rural America to near nonexistence, such that it is now next to impossible to imagine Democrats being elected to public office at nearly any level in about two-thirds of the country. It’s a tragedy. And it happened for one main reason: Right-wing media took over in these places and convinced people who live in them that liberals are all God-hating superwoke snowflakes who are nevertheless also capable of destroying civilization, and our side didn’t fight it. At all. If someone had formed a liberal Sinclair 20 years ago to gain reach into rural and small-town America, that story would be very different today…

What will the result be 20 years from now? Will we be raising a generation of children in two-thirds of the country who believe that fossil fuels are great and trees cause pollution, that slavery wasn’t the cause of the Civil War, that tax cuts always raise revenue, and that the “Democrat” Party stole the 2020 election? Yes, we will. And it will happen because too many people on the liberal side refused to grasp what Murdoch, Anschutz, Smith, and Viktor Orbán see so clearly. Have your own media.

The text messages between Ginni Thomas, wife of Supreme Court Justice Clarence Thomas, and Mark Meadows, Trump’s chief of staff, show how determined Ginni Thomas was to keep Trump in office. She was certain that Democrats were stealing the election. She urged Meadows to listen closely to lawyer Sidney Powell. She urged Meadows to “release the kraken,” Powell’s words. Even when Meadows told her that Powell had no evidence of voter fraud, Ginni Thomas was undeterred.

Note: Sidney Powell subsequently claimed that no reasonable person would believe what she said about the election. When indicted in Atlanta for lying about the election, she pleaded guilty. But Ginni Thomas believed her. This suggests that Ginni Thomas is not a “reasonable person.”

If you listen to the text exchanges, you are likely to conclude that Justice Thomas must recuse himself from any case brought to the Supreme Court about the 2020 election. He is not impartial.

This message was tweeted by Denver Riggleman, a former Republican Congressman from Virginia who served as a technical advisor to the January 6 Committee.

Denver Riggleman⁦‪@RepRiggleman‬⁩On the 3-year anniversary of #Jan6, I read aloud all 29 texts between Ginni Thomas and Mark Meadows.

It’s a reminder of the delusion that fueled the J6 attack- all the way to the top. Listen to the Bourbon texts because you’ll need a drink. youtu.be/UeDqnuSlrCA?si… via ⁦‪@YouTube‬⁩ 1/6/24, 9:12 PM