Publicity may have caused Republicans to be more cautious about giving Fox’s Tucker Carlson carte blanche to all 44,000 hours of the January 6 footage after warnings of violating national security. After House Speaker Kevin McCarthy (R-KCA) bragged about handing over tapes with no caveats, other GOP leaders say that prior security clearance will be required for broadcasting the clips. After days of silence, some Republicans promised to screen all footage before giving it to Carlson.
To save face, the Republicans accused Democrats of violating national security in showing some of the footage, but Democrats stated they vetted any release to the public with the Capitol Police and did not show full views in Pence’s route out of the Capitol. Rep. Bennie Thompson (D-MS), former chair of the January 6 investigative committee, said his requests of written procedures regarding how many hours of footage would be released and how it would be used would not be honored, but Barry Loudermilk (R-GA), chair of the House Administration Subcommittee on Oversight, said the procedures haven’t been completed. He also said that he would try to see that any copies of the footage given to Carlson wouldn’t pose security risks. Loudermilk said that Tucker had only “controlled access” to see the tapes. Carlson had suggested to McCarthy that he release the tapes to Carlson to get votes for his speakership.
Under oath, media executive Rupert Murdoch expressed regret in not more strongly denouncing his hosts’ false narrative about the “stolen election” that Deposed Donald Trump (DDT) pushed immediately after the 2020 presidential election. Murdoch said he could have stopped the hosts but didn’t. His statements reinforced recently released information in depositions that Fox hosts knew the stolen election narrative was false but still promoted it on air. In talking about MyPillow CEO Mike Lindell to spread his lies on Fox, Murdoch said, in reference to his desperation to make money from his falsehoods, “It is not red or blue; it is green.”
Murdoch also talked about how Fox gave DDT’s senior adviser and son-in-law, Jared Kushner, confidential information about Joe Biden’s campaign ads before they were broadcast on Fox as well as debate strategy. Rep. Ted Lieu (D-CA) raised the issue of whether sharing these ads could be an illegal contribution to DDT’s campaign because it’s outside normal press functions and therefore not a “media exemption.” Lieu said, “At the very least, it would appear to be a campaign contribution of significant value, well over federal campaign limits.”
On Truth Social, DDT fumed about Murdoch’s admissions in his deposition and used Dinesh D’Souza’s conspiracy film 2000 Mules as his evidence:
“Why is Rupert Murdoch throwing his anchors under the table, which also happens to be killing his case and infuriating his viewers, who will again be leaving in droves—they already are. There is MASSIVE evidence of voter fraud & irregularities in the 2020 Presidential Election.”
Right-wing columnist David French wrote that Fox went beyond money, power, and fame to “representation” in providing information it knew to be false. He added, “Journalism centered on representation ultimately isn’t journalism at all.” Fox goes beyond a “source of news” to be “the place where Red America goes to feel seen and heard,” according to French. It’s a “cultural cornerstone,” dominant among all the right-wing media. Fox figures refer to the need to “respect” their audience, but they don’t mean “tell the truth.” They mean “represent.” According to French, that “can result in audience capture (writing to please your audience, not challenge it) and in fear and timidity in reporting facts that contradict popular narratives. And in extreme instances — such as what we witnessed from Fox News after the 2020 presidential election — it can result in almost cartoonish villainy.”
Jury selection for the Dominion-Fox trial in Delaware begins in April. Fox typically smears targets with little or no resources, but this is not the case with Dominion. Media lying to its audience and calling it news is not unusual, but the result of this case will determine if these sources are running any risks.
Another major story for the day was the Supreme Court argument about President Joe Biden’s use of a national emergency law to provide student loan relief up to $20,000 for millions of poor and middle-class people in the U.S. Arguments seemed to be 5-4 against the directive with Justice Amy Comey Barrett joining the progressive side to question what standing states have in opposing order. Although the loans are only those provided by the federal government, the lawsuit against the loan forgiveness uses the proposition that private loan companies will suffer. Conservatives also argue the major questions doctrine, that an agency decides matters of vast economic and political significance if Congress provides clear authority.
Biden is using the HEROES Act, stating that the Education secretary is able to “waive or modify” federal student financial assistance programs “as the Secretary deems necessary in connection with a war or other military operation or national emergency” such as the COVID-19 pandemic. Justice Elena Kagan disagreed that the loan relief program is executive power because Congress created the authority to cancel debts in national emergencies.
“Congress doesn’t get much clearer than that. We deal with congressional statutes every day that are really confusing. This one is not.”
Chief Justice John Roberts joined four other conservative justices in complaining about the $400 billion cost of the relief. Arguments have used the term “unfair”—not illegal—in objecting to helping 50 million people to avoid bankruptcy when they are forced back into paying off their loans. If the ruling is announced before June 30, the current pandemic repayment pause will end 60 days after the Supreme Court announces its decision.
In her questioning, Justice Sonia Sotomayor addressed how one of the two cases ignores the huge advantages of generational wealth in paying for education and the hardship faced by borrowers without financial help if Biden’s program is cancelled. She said that the program’s opponents only excuse to shut it down is that they don’t like it. To the originalists who want to follow the exact wording of the constitution but prevent the program, Sotomayor said:
“That really has us, the third branch of government, changing Congress’s words.”
The major GOP argument was that the words “waive” and “modify” don’t really mean their definitions, that they permit only small changes to existing programs. Sotomayor said a rewrite is a rewrite, no matter what. She told the opponent’s attorney, “You just want to say, ‘This is a bigger rewrite than I like.”
The Supreme Court will also hear a case about whether to do away with the entire Consumer Financial Protection Bureau by declaring it unconstitutional. The 5th Circuit Court has already done away with the independent agency with enforcement authority over 18 federal statutes including credit cards, car payments, mortgages, and student loans. Removing the CFPB will eliminate much of the government’s ability to fight financial fraud.
Unlike most other federal agencies funded by an annual congressional appropriation, the CFPB operates on a separate funding source passing through the Federal Reserve, limited to 12 percent of the Fed’s operating expenses. The appeals court declared CFPB unconstitutional because of its “unique” funding structure; the Constitution provides that “no money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” In 1937, the Supreme Court declared in Cincinnati Soap Co. v. United States that money can be paid from the Treasury if it’s congressionally appropriated. In 2010, an act of Congress legalized the CFPB funding. All three DDT justices want to do away with the Consumer Financial Protection Bureau and will surely get support from Justices Clarence Thomas and Samuel Alito.
After telling taxpayers in over 22 states to delay their federal taxes, the IRS determined that it will not collect federal taxes against state-issued inflation relief payments or tax refunds. These state payments do not need to be reported on their returns because they were “for the promotion of the general welfare or as a disaster relief payment.” The IRS has also greatly improved its telephone-answering from 11 percent in 2021 and 13 percent in 2022 to 88.6 percent answers from the beginning of tax filing season through February 4. Including callers receiving automated phone and chat support, the answering success rose to 93.3 percent of taxpayers able to reach IRS resources.
The GOP wants to remove the $80 billion additional IRS funding over a decade to improve its services and strengthen tax enforcement for high-income earners and corporations. Investments in new technology and 5,000 new workers to staff phones are using some of that funding. Taxpayers can now electronically check the status of their amended returns and file non-wage earnings. Eliminating that funding will increase the deficit by $100 billion.
Alaska state Rep. David Eastman of Wasilla, Sarah Palin’s hometown, has shown how tolerant Republicans are—at least for now. He suggested that the state could save millions if only child abuse victims would die. It’s a “cost savings,” he said. Eastman recently, Eastman was sued by a former constituent who claimed Eastman’s membership in the far-right Oath Keepers made him ineligible to hold office in Alaska, but an Anchorage judge ruled in Eastman’s favor. The state House unanimously voted to censure Eastman except for his own vote, but he’s still in the legislature with no consequences for current or previous charge except for statements on his record.