““We are very, very close to being able to ignore Trump most nights. I truly can’t wait.”
“I hate him passionately.”
“We’re all pretending we’ve got a lot to show for it, because admitting what a disaster it’s been is too tough to digest. But come on. There isn’t really an upside to Trump.”
Tucker Carlson sent all those texts — newly revealed as exhibits in the lawsuit brought by Dominion Voting Systems against Fox — on January 4, 2021. (Through the discovery process, many Fox internal emails and documents were provided to Dominion, and the company’s attorneys have made them public by citing them in legal filings.)
Yet Carlson devoted his shows this week to a revisionist history of the attacks on the Capitol two days afterward, omitting Trump’s then-ongoing attempt to steal the election, portraying concerns about a stolen election as reasonable and even vindicated, and minimizing the violence that took place.
But to understand what’s going on here, it’s worth taking a closer look at the bigger narrative Carlson was trying to push this week.
The story of January 6, in Carlson’s extremely selective and misleading telling to his viewers, isn’t about how a mob whipped up by the president of the United States tried to prevent the transfer of power, or how that president tried to steal the election. It’s about how Democrats and the media were mean to Trump supporters.
The story is also about how he, Tucker Carlson, would never do something like that. He loves you, Trump supporters. He respects you. Pay no attention to those texts behind the curtain about how he disdains and disbelieves Donald Trump. He is your loyal champion against your enemies. So please — don’t change the channel.”
“On Jan. 4, 2021, Fox News host Tucker Carlson was done with Donald Trump.
“We are very, very close to being able to ignore Trump most nights. I truly can’t wait,” he texted an unidentified person.
“I hate him passionately. … I can’t handle much more of this,” he added.
By this time, Fox News was in crisis mode. It had angered its audience when it correctly said Joe Biden had won Arizona in the presidential election. Executives and hosts were worried about losing viewers to upstart rivals, most notably Newsmax.
The private comments were a far cry from what Carlson’s viewers were used to hearing from the stalwart conservative host on his prime-time show every night.
“We’re all pretending we’ve got a lot to show for it, because admitting what a disaster it’s been is too tough to digest,” he wrote in another text message, referring to the “last four years.” “But come on. There isn’t really an upside to Trump.””
…
“In a group text chain from mid-November, Hannity, Ingraham and Carlson complained about their news colleagues and the network’s decision to call Arizona in favor of Biden. Fox News was the first network to do so, and the call was accurate.
“Why would anyone defend that call,” Hannity asked.
“My anger at the news channel is pronounced,” Ingraham said later in the exchange.
Carlson piped in, saying: “It should be. We devote our lives to building an audience and they let Chris Wallace and Leland [expletive] Vittert wreck it. Too much.”
Wallace and Vittert were Fox News hosts and anchors at the time.”
…
“In a conversation with Fox News journalist Chris Stirewalt on Dec. 2, 2020, about a month after the election, Bill Sammon, who was then the network’s managing editor, lamented the state of the place they worked.
“More than 20 minutes into our flagship evening news broadcast and we’re still focused solely on supposed election fraud — a month after the election. It’s remarkable how weak ratings make good journalists do bad things,” Sammon said.
Stirewalt added: “It’s a real mess. But sadly no surprise based on the man I saw revealed on election night.”
Sammon replied, “In my 22 years affiliated with Fox, this is the closest thing I’ve seen to an existential crisis — at least journalistically.””
“he is poised to pursue a criminal indictment of the former president in a case centered on a hush-money payment made to the porn actress Stormy Daniels at the height of the 2016 presidential campaign. Reimbursement for the payment was falsely recorded as legal expenses, according to federal prosecutors who first examined the case, and Bragg’s office is considering bringing a felony charge based on the falsification of business records. The charge carries a possible prison term of up to four years.”
…
“Bragg has received some criticism for pursuing a matter that some say amounts to an accounting error tied to a years-old episode. But Roiphe, now a New York Law School professor of legal ethics, said she considers a falsification of business records charge to be an important tool that has been used frequently to hold Wall Street accountable. “I don’t think it’s a minor crime,” she said. “I don’t think it’s trivial.”
“At the same time,” she said, “I think there is a cost to indicting a former president.
“I don’t know whether, when you weigh the benefits of deterrence and sending a message that, ‘No man is above the law,’ [the value of the prosecution] is potentially outweighed by the civic cost.””
“Does the media’s Trump-Russia coverage hold up? It depends on what coverage you’re talking about. The “Trump as Manchurian candidate” theories, the frenzied hunt to unearth any suspicious-sounding “contacts” with any Russians, and anything based on the Steele dossier — the explosive document that purported to have the goods on Trump but very much didn’t — have not aged well.
But the coverage and scandal were about more than that. Though it’s inconvenient for the revisionists’ narrative, the Russian government really did intervene in the 2016 election by hacking leading Democrats’ emails and having them leaked. Much of the coverage of the scandal now derided as “Russiagate” was about the investigation into whether anyone associated with Trump was involved in that Russian effort, treating this as an open question to which we simply didn’t yet know the answer.
Much of what the critics are arguing here is less about the facts of the scandal and more about the larger narrative around it. Should the media have treated Trump-Russia as the biggest political story in the country? Did the overall amount and tone of the coverage leave a false impression of his guilt? How does it compare to scandal coverage of other politicians, like Hillary Clinton?
And was the media and liberal establishment too suspicious of Trump in treating him like an unprecedented threat to the nation or have his subsequent actions proven they were right all along? The revisionists, in arguing that Trump got a raw deal, want to focus more attention on the overreaching of his liberal and establishment critics, but their one-sided account distorts the full picture of what happened, and reveals their own blind spots about the former president as he runs for office again.”
…
“A fuller recap of what the scandal was all about would go something like this: What became the FBI’s investigation into Trump-Russia was opened in the summer of 2016 for reasons having nothing to do with Steele, Fusion, or Alfa Bank.
That year, leading Democrats had seen their emails and documents stolen in hacks, later to surface on mysterious websites or to be published by WikiLeaks. Initial assessments blamed the Russian government for the hack (and Mueller’s team later confirmed those assessments, fleshing them out with much more detail).
Trump viewed these leaks as highly beneficial to him, touting them constantly on the campaign trail, and even publicly calling on “Russia, if you’re listening” to find more Clinton emails. (He then claimed this was a joke, but in private, he urged his campaign advisers to try and get ahold of more Clinton emails.)
While this was unfolding, the FBI received a tip that a little-known Trump foreign policy aide, George Papadopoulos, had been saying he knew Russia had damaging emails related to Clinton before any hack news was public. So the bureau opened a counterintelligence investigation originally focused on a discrete question: Had the Russian government conveyed information about their plans to interfere in the 2016 election to someone on Trump’s team?
This was, I would argue, an entirely reasonable question. And with hindsight, due to this investigation and reporting, we know that many shenanigans were indeed afoot.
Trump’s longtime adviser Roger Stone was trying to get hacked Democratic emails from WikiLeaks in advance, while apparently informing Trump about his efforts.
Trump campaign chair Paul Manafort was sharing the campaign’s polling data and strategy with an associate the FBI claims is tied to Russian intelligence.
Trump’s personal attorney, Michael Cohen, had reached out to the Russian government to try to get a Trump Tower Moscow project going, though it didn’t end up happening.
Donald Trump Jr. even welcomed an emailed offer of dirt on Hillary Clinton that was said to be “part of Russia and its government’s support for Mr. Trump,” setting up a meeting with Manafort and Jared Kushner to discuss it. (They didn’t find the information useful.)
Additionally, Trump later tried to get a different foreign government to help him win the 2020 election, in his effort to strong-arm Ukrainian president Volodymr Zelenskyy into investigating the Biden family — so it’s not like he’s ethically opposed to colluding with a foreign government to help him win the presidency.”
…
“the revisionists too rarely acknowledge that many other media outlets, including the New York Times and the Washington Post, were more cautious about Steele’s claims, and about theories of Trump being Putin’s puppet. Much of their coverage of the Trump-Russia investigation and the topic generally was newsworthy and stuck to the facts, making clear that it wasn’t known whether Trump conspired with the Kremlin.”
…
“recall that Trump fired the FBI director and then quickly contradicted his own aides’ explanation for why he did so, saying it was because of “the Russia thing.” Should the assumption have been that Trump had nothing to hide? (Gerth puts great weight on Trump also saying that he thought the firing actually might prolong the Russia investigation, ignoring the false explanation Trump’s team initially offered for Comey’s firing and sounding rather too credulous about whether Trump truly would have let such an investigation proceed.)”
…
“How should the media cover these unfolding investigations when information about them is incomplete and imperfect and the full story really isn’t initially clear? How much coverage is too much and how much is not enough? Can the press really know in advance which investigation is a nothingburger and which isn’t? These are tough questions with no easy answers.”
…
“To be clear, there was too much hysterical and flawed reporting in Trump-Russia coverage, and that shouldn’t be defended. But a great deal of thoughtful, rigorous, and newsworthy work took place on that beat too. Journalists did not in the end find that Trump cut a deal with the Kremlin in 2016, but they unearthed a great deal about Trump and his allies in the process.
Dismissing the whole thing as a hoax or debacle — as the revisionists are doing — is too pat a dismissal. It was a complicated, messy endeavor”
“Republicans began ignoring the blue slip process for circuit court judges when they had Senate control in 2018, a policy Democrats have continued. Activists now want Democrats to do the same for district court nominees, who could potentially get held up by Republicans looking to slow Biden’s selections. The idea is that if Republicans don’t want a seat to get filled, they could theoretically keep it open by refusing to submit blue slips regardless of who the nominee is.
Some advocating for the change, like those at the Times, argue the system is fundamentally undemocratic. Others, including many progressive activists, say that it should be changed to ensure Democrats can confirm every judge they can in the next two years.
“If they remove the blue slip impediment, they can fill all their vacancies. If they don’t, they won’t be able to fill all those vacancies,” says Alliance for Justice president Rakim Brooks.”
“Although the Biden administration left this Title 42 policy in place for many months, it eventually announced that the program must be terminated in May of 2022. But before the policy could sunset, a group of Republican state officials ran to a Trump-appointed judge — who swiftly ordered the Biden administration to leave Title 42 in place. The Trump judge’s decision (his name is Robert Summerhays) is obviously wrong. And yet it’s been in effect for most of a year now, effectively transferring the executive branch’s power to set border policy to a single judge.”
…
“As a practical matter, by removing this case from its calendar, but leaving its order blocking Judge Sullivan’s decision in place, the Supreme Court has likely ensured that Summerhays will dictate border policy until at least May 11, when the Covid-19 public health emergency ends — although, to be clear, the Court could end Summerhays’s reign as America’s de facto border czar at any point by lifting its stay of Sullivan’s decision.
That means that, absent further action by the Supreme Court, a Trump judge will have dictated federal border policy for nearly an entire year, despite the fact that Summerhays’ decision is poorly reasoned and rests on a rather glaring legal error.”
…
“The thrust of Summerhays’s Louisiana decision is that the CDC was required to undergo a lengthy process known as “notice and comment” — a process that allows the public to weigh in on policy changes but typically takes months or even years to complete — before it could terminate the Title 42 program. But the whole point of the public health statute permitting the CDC to close the border to certain foreign nationals is to allow the government to swiftly issue emergency orders to mitigate a potential public health crisis.
If the CDC had to spend months jumping through procedural hoops before it could invoke its powers under this statute, then the statute may as well not exist. Suppose that a new disease emerged in, say, Finland next month, and the CDC determined that it should close the border to Finish nationals to delay this disease’s arrival in the United States. It would be pointless to issue such an order months from now. The whole point of such an emergency public health order is that it needs to take effect right away, before the disease enters the United States.
And the Supreme Court has said explicitly that, when the government decides to terminate a policy, it need only use the same process it was required to use in order to create that policy. As the Court said in Perez v. Mortgage Bankers Association (2015), “agencies use the same procedures when they amend or repeal a rule as they used to issue the rule in the first instance.”
The Trump administration did not use notice and comment to create the Title 42 policy. (It did use the process for a later immigration regulation governing the scope of CDC’s power to close the border to foreign nationals, but not for Title 42 itself.) The CDC has since issued several other orders, also without notice and comment, that modified or extended the duration of the Title 42 program.
So Summerhays had no basis whatsoever to extend the Title 42 program on his own authority. The program should have terminated last May, when the Biden administration exercised its lawful authority to end it.”
…
“If the Supreme Court’s decision to effectively extend the Title 42 program for even more months after it lawfully should have ended were an isolated incident, then it would be easier to accept that this decision was motivated by something other than politics. It is much harder to do so, however, because the Arizona case is part of a much broader pattern in which the Court appears to be manipulating its procedures and its scheduling in ways that extend the life of Republican policies, while swiftly quashing Democratic plans.”
“A Pew Research Center report published in 2021 found that the share of American adults ages 25 to 54 who are married fell by almost 15 percentage points between 1990 and 2019, from 67 percent to 53 percent. The rising share of unmarried