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Janine Jackson interviewed the US Campaign for Palestinian Rights’ Iman Abid about Israeli genocide for the December 13, 2024, episode of CounterSpin. This is a lightly edited transcript.

https://media.blubrry.com/counterspin/content.blubrry.com/counterspin/CounterSpin241213Abid.mp3

 

CBS News (12/5/24)

Janine Jackson: “Amnesty International’s report demonstrates that Israel has carried out acts prohibited under the Genocide Convention, with the specific intent to destroy Palestinians in Gaza.” So says Agnès Callamard, secretary general of that human rights group. She says research shows that “Israel has persisted in committing genocidal acts, fully aware of the irreparable harm it was inflicting.”

Amnesty’s statement invokes an “international community” that will hopefully be roused to action. But there are questions about what levers of power that community has access to, and what it means that many or most of that community receive our understanding from elite news media—not just about what’s happening, but about possible responses, and about what the law even means in this context.

Iman Abid is the director of advocacy and organizing at the US Campaign for Palestinian Rights. She joins us now by phone. Welcome to CounterSpin, Iman Abid.

Iman Abid: Thank you so much.

JJ: Genocide isn’t a slur, or an accusation that you just throw at people that you don’t like. There are definitions, and what Amnesty is saying is that those criteria are being met. So can you talk us through how this report—and it’s not the first report—but how and why does it arrive at the conclusion of genocide?

International Federation for Human Rights (12/12/23)

IA: Yeah, I want to acknowledge the fact that we are 14 months into this genocide, and have heard the word genocide being used to describe the situation in Gaza, not just by human rights organizations but the people themselves in Palestine, and many elected officials and different international institutions, such as the International Criminal Court, that have been using the word genocide to help describe the situation. So the fact that we are at this position now, where this internationally renowned human rights organization like Amnesty International is also now joining the ranks, and claiming this as genocide, is hugely profound and necessary.

I think one of the things that they do a profound job at in this report, particularly is highlighting the fact that this thing that’s going on right now is something that meets the entire set of criteria to describe genocide within the Genocide Convention, whether it be genocidal intent, whether it be the deliberate killing of a certain ethnic and cultural population, whether it be the prevention of placement of children. Whatever it is that’s going on, is happening here in Gaza. And the report does a profound job in helping construct just why they are making this claim, and that this is [not] a one-time sort of thing, but rather this has been continuing. This has continued for 14 months, and will continue if no one chooses to stop it.

Throughout the entire report, they do a beautiful job to help folks understand just why this is happening, what specific intent is behind the Israeli government and this military plan that they have on Gaza, as well as the personal harm that has been committed against thousands and thousands of Palestinians over the course of these last 14 months.

Reuters (10/21/24)

And it goes so detailed into describing the personal and bodily harm to people, the amount of deaths that have been committed, the destruction of the infrastructure that people use to stay alive, the prevention of aid, and specifically lifesaving aid to keep people alive. Israel is doing everything in its ability to prevent people from actually living in Gaza.

And Amnesty is trying to build a case that because of those things, and because of the criteria it meets within the Genocide Convention, this is in fact genocide, and it is not disputable, but rather it is time to acknowledge what is going on, look at the facts and the findings of what we’ve seen—and in many cases, actually, Israel has almost presented to the public itself—and to look at everything that’s been livestreamed over the course of these last 14 months, and do everything in our power to try to stop it.

So I think, again, 200 pages of findings and documentation that I think many folks can actually look back on and say, “My God, I actually saw this on social media at one point or another,” or, “I heard this specifically come from the Israeli government’s testaments and testimonials,” and recognize that this is, in fact, something that we have been undergoing now for the last 14 months.

JJ: And the ongoing commission of the crime is part of what’s being talked about. Often when we think of crime, and the way that crime is covered in the media, it’s a one-time act, and so you can think, “Well, the perpetrator, what was in their mind when this one-time act occurred?”

This is not that. This is a different kind of conversation, and I think that’s an important distinction for folks who are just reading about it in the paper as, like, a bad thing that’s happening.

IA: Exactly. I think that’s something that Amnesty has been trying to do, and I want to acknowledge as well, many other human rights experts have been trying to do in this moment. It’s to show that this isn’t something that just happened after October 7, but this has deliberately been extended to happen, and continue to happen, until all Palestinians are annihilated across Gaza.

JJ: And the report, it answers a lot of questions that you might just have in a conversation, you know, with your uncle or with a stranger: Is this just callous disregard? Israel has a goal, they want to destroy Hamas, and they’re not paying enough attention to civilians that are harmed in their carrying out of that process. And this engages that and says, no, this is genocidal intent. It’s not just recklessness.

Iman Abid: They’re trying to do everything in their ability to try to legitimize these killings, and dehumanize Palestinians, as though they are military targets, not actually dignified as everyday people.
(photo: Thomas Morrisey, Rochester Democrat & Chronicle)

IA: Exactly. I think that’s the thing, is that what we’ve seen happen is that Israel is trying to prove to the rest of the world that this is, in fact, not genocide, that this is out of self-defense. But the reality is that so many of the comments have been outlined here in the report and, again, have been available to us just on an everyday basis, the reality is that Israel itself has actually built the case for us in arguing that this is, in fact, genocide. They have used statements to try to dehumanize Palestinians—and all Palestinians, not just those that have been involved in anything—but the fact that all Palestinians, in some way or another, just due to who they are, should be dehumanized. And I think that that is an argument that they’ve been trying to make to help legitimize the mass killings of Palestinians.

There are statements that have been made to completely disregard all human life in Palestine, all across Gaza and even the West Bank, to be able to, again, legitimize this forcible displacement, to legitimize the prevention of lifesaving aid, to legitimize the bombings of residential buildings, to legitimize why they’re bombing hospitals, and claiming that Hamas, for instance, has tunneled underneath hospital grounds.

They’re trying to do everything in their ability to try to legitimize these killings, and dehumanize Palestinians, as though they are military targets, not actually dignified as everyday people, just so that the rest of the world is convinced of why Israel has the right to do this.

And, again, going back to the Amnesty report, it highlights just how this is beyond a military operation, it’s been intentionalized to try to use this moment, and leverage this moment, as a way to continue killing as many Palestinians as possible.

JJ: Well, and I wish it didn’t need saying, but I’ll say it. This report, as with other reports, acknowledges crimes committed by Hamas on October 7, 2023. To say that those crimes are being ignored or being devalued is simply false. It’s just about the conversation of whether they justify what came after, and whether they should be seen in a context of what came before.

When media talk about the US and Israel and their “mutually beneficial relationship,” I always think, well, which US citizens, which even Israeli people are you telling me are individually benefiting?

Media treat nations like kaiju, like Godzilla, like there are monsters that represent countries and fight one another. And to me, that’s a big failing, in terms of representing what the US people believe and want and are capable of, and also what Israeli people want and are capable of. And that’s before we talk about ignoring the voice of Palestinians. There’s just a crudeness of the media coverage that is harmful, I think.

Intercept (2/7/24)

IA: Absolutely. Again, the fact is that for the last 14 months, we as Palestinians, even as a Palestinian-led organization here at the US Campaign for Palestinian Rights, have been trying to do our best to ensure that people do hold to account the Palestinian narrative, and the framing around what is happening.

Israel’s propaganda system is enormous, and it’s very effective. And I think we’ve seen just how media outlets go around saying the same exact thing that has now been used to legitimize this genocide. Rather than arguing the fact that it is genocide, we’re now trying to defend ourselves against the thought that this isn’t genocide, defend ourselves against the people who are saying this isn’t genocide.

And I think that it’s because of the fact that media has done such an incredible job at passing along statements that this is warranted, because of the October 7 attacks, that it’s as if the Palestinian people deserve this because of the October 7 attacks. But in reality, it’s long before October 7, and continues to happen after October 7, that this level of detriment to Palestinian civil society has existed, and Israel has done everything in its power to make these things happen.

I acknowledge the fact that in this moment, we, I think, are seeing a shift in the way that people are actually talking about this. I think that Western news outlets have been forced now to at least acknowledge that there is this mass atrocity happening. Whether or not they choose to use the word “genocide” is still a question, to some degree. But I think that when reports like this get publicized, going back to the Amnesty International report, the hope is here, we can then acknowledge the fact that this report has used, that has even the word “genocide” in its title, to the point that it has to be referenced, it has to be acknowledged.

Now, we know that there are people who go so far as still choosing to refute the 200 pages of evidence and documentation, but we know that that can only go so far.

Al Jazeera (8/20/24)

So I think that 14 months in, we’re starting to see a small shift, but I think the reality is there’s lots more work to do around it. And my hope is that reports like this can be used as a way to justify why we’re calling it as it is, and choosing not to actually try to continue using statements or saying statements that can continue legitimizing just what’s happening. Because the rhetoric we use, and especially that journalists use here in the West, is extremely harmful.

And it’s not just dehumanizing to the people in Gaza; it’s actually dehumanizing the Palestinians here in the West as well, so much so that a lot of what’s been heard on media has been used as a way to warrant hate crimes against Palestinians here in the US. And I think we saw that happen over the course of the last year. A young 6-year-old boy killed in the Chicago area, a young girl was slashed in the throat. That language is extremely violent, and can be used to justify this level of hate against a certain group of people. Again, not just in Palestine, but here across the West, for Palestinians as well.

JJ: Israel’s official response, as I see it so far in US media, is really not to address the substance, but to say Amnesty International is “deplorable and fanatical.” So then the way that we know that media choose to use a binary framing—us versus them, he said, she said—so it’s not even, “Let’s look at the substance here.” It’s just, “Oh, consider the source. Some people think Amnesty is a fanatical organization.” But I hear you saying that there are hopeful spaces in terms of media coverage, and in terms of this report pushing through in the narrative.

IA: Absolutely. I mean, even trying to debate whether or not Amnesty is legitimate or not still forces the conversation on genocide to happen. What Israel is doing right now is forcing this conversation, and even using the word “genocide,” and creating this battle out of it, that starts to make more people start to question, “Well, just why is it that this international human rights organization has put out such a report right at this moment?”

And it’s been used as a vehicle to try to prevent these things from continuing to Gaza, right? Amnesty is trying to do, in their best ability, to try to actually put something out there that can be used as a way to help us stop sending weapons to Israel, to stop sending military funding to Israel, to stop us from being complicit in this genocide here in the US, and to encourage even more elected officials to take that stance, as well as to use this as a vehicle to help explain to the American public audience, for those that are still on the fence around what is happening, that there is clear documentation, evidence, proof, whatever you want to call it, to help describe the situation, that they can then use to convince more people.

CNN (2/2/22)

I think the American public has actually been shifted dramatically over the course of this last year. We saw 70% of American voters are in agreement with the fact that this genocide does need to end, and the fact is that we know that that number continues to grow, as people have seen things escalate. And I think we want to continue seeing that happen. We want to continue educating people, and doing all of that.

This is not the first time Israel has tried to delegitimize a human rights organization. Let’s not forget the fact that there are a number of other organizations. Amnesty has already been counteracted by the Israeli government in the past. And I think that the reality is, every time Israel sees this level of documentation and evidence being put out there, they’re going to refute it.

And so, for me, it’s like if Israel has to go out of its way, especially if the Israeli government has to go out of its way, to try to delegitimize a report like this—recognize the legitimacy of the actual reporting at this point, and use that as a way to encourage yourself to learn more about the situation, and see just why these organizations are really putting this information out there.

US Campaign for Palestinian Rights

JJ: I’ll just ask you, finally, we know that the political system in this country, the corporate media, atomize us and tell us that, really, there isn’t anything that we can do. We can just watch the horror on TV.

You have a Stop Gaza Genocide toolkit. You have information on your site to help folks actually go beyond being horrified and depressed, and get engaged. And I just wonder what—you’ve started to say it—but what would you say to folks who want to take a next step?

Al Jazeera (12/11/24)

IA: Yeah, and thank you for these types of questions. I want to first acknowledge the fact that, even as we were speaking today, only a couple of hours ago, a residential building in Beit Lahiya was struck, and over 30 people were killed, right? And this is right next to a hospital that has already been deprived of receiving lifesaving aid to keep people alive. It doesn’t have enough units in the hospital to keep newborn babies alive.

The reality is that this report and everything we’ve just spoken of on the segment today isn’t a part of the past. It’s a part of what is continuing. It’s also a reminder to us that this matter is urgent, and needs to be addressed immediately. And I think that folks, as we’re entering the holidays, as we’re entering the end of the year, people just want to turn a blind eye and forget the fact that this is continuing. But it is continuing, and it will intensify the more we look away.

And so for anyone, recognize the fact that even your US tax dollars are being paid to invest in this genocide. So what are you going to do about it? We have toolkits and resources to help make people more aware as to how that money is being invested in this genocide. And there are opportunities and avenues to actually divest from this money, from continuing to fund this genocide. There are avenues out there, and I really hope folks can check out our website to figure out ways in which you can get involved in that divestment piece.

If you are someone who cares enough about changing the stance the US Congress has on this, as we know that they have continued to send military aid, even as President Biden closes his legacy out, he is choosing to still send weapons and funding to Israel, to continue committing the genocide. What are you going to do about it?

Middle East Eye (9/9/24)

So we ask both people that are part of the civil society here in the US to ask their elected officials to stop sending weapons, and to be public around choosing not to continue sending weapons. Even into the Trump administration, we ask folks to continue doing that.

There are so many avenues in which we can actually play a role as to stopping this from happening, whether it’s even putting this report out in front of your families across the holidays. We really encourage folks to use this as an opportunity to convince even more people in their surroundings to acknowledge just what’s going on, and to remind ourselves that Gaza in particular, right now in this moment, really does need the help to stop this from continuing to happen. And we in the US play a huge role in making sure that we’re not complicit in the genocide.

So people have a positionality that they can take, and there’s a moral choice here still. And we really hope that folks can continue doing everything that they can to get this to stop, because there is an opportunity for us to really make this stop.

JJ: We’ve been speaking with Iman Abid from the US Campaign for Palestinian Rights. You can find their work and their resources online at USCPR.org.

Thank you so much, Iman Abid, for joining us this week on CounterSpin. Thank you so much.

IA:  Thank you.

 

Here’s the ten posts from 2024 that got the most views on FAIR.org:

1. ‘It’s Time to Take Medicare Advantage Off the Market’ (David Himmelstein interviewed by Janine Jackson, 7/2/24)
2. Sanders Convention Speech Attacked by NYT for Advocating Popular Policies (Elsie Carson-Holt, 8/22/24)
3. Shielding US Public From Israeli Reports of Friendly Fire on October 7 (Bryce Greene, 2/23/24)
4. Exposing Bias Against Palestinians, Ta-Nehisi Coates Is Predictably Accused of Bias by CBS (Elsie Carson-Holt, 10/4/24)
5. US Media and Factcheckers Fail to Note Israel’s Refutation of Beheaded Babies Stories (David Knox, 3/8/24)
6. It’s the Economic Reporting, Stupid (Conor Smyth, 11/20/24)
7. NYT Can’t Forgive Donahue for Being Right on Iraq (Jon Schwarz, 8/23/24)
8. Media Boosted Anti-Trans Movement With Credulous Coverage of Cass Review (Lexi Koren, 7/19/24)
9. Prepping Readers to Accept Mass Slaughter in Lebanese ‘Strongholds’ (Belén Fernández, 11/9/24)
10. As Peace Protests Are Violently Suppressed, CNN Paints Them as Hate Rallies (Julie Hollar, 5/3/24)

 

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CounterSpin host Janine Jackson

CounterSpin is your weekly look behind the headlines of the mainstream news. This is the time of year when we take a listen back to some of the conversations from the past year that have helped us clarify the events that bombard us—in part by showing how elite media are clouding them.

It’s not to say Big Media always get the facts wrong; but that what facts they point us toward, day after day, whose interpretation of those facts they suggest we credit, what responses we’re told are worth pursuing—all of that serves media’s corporate owners’ and sponsors’ bottom line, at the expense of all of our lives and our futures. An important part of the work we do—as producers and as listeners—is to help create and support different ways to inform ourselves and stay in conversation.

Guests featured on this year’s Best of CounterSpin include Chip Gibbons,  Svante Myrick, Monifa Bandele, Aron Thorn, Evlondo Cooper, Joe Torres, Colette Watson, Greg Shupak and FAIR’s Julie Hollar and Jim Naureckas.

As always, we are deeply thankful to all of the activists, researchers, reporters and advocates who appear on the show.

 

Reporting on political killings in Pakistan, the Guardian (11/27/24) makes clear who is accused of violence and who the victims are said to be.

Islamabad was roiled by a days-long protest in the last week of November. Supporters of political prisoner and former Prime Minister Imran Khan, and of his Pakistan Movement for Justice party, marched into the city, demanding Khan’s release and the resignation of the military-backed Sharif government of Shehbaz Sharif.

Pakistan’s political crisis has Washington’s fingerprints all over it. However, readers of the New York Times and the Washington Post would be forgiven if they thought the protests were a purely domestic issue. Missing from the protest coverage in leading US papers was the ongoing support the Pakistani government has received from the Biden administration, continuing a pattern of obscuring US actions and interests in Pakistani political affairs.

Khan is a former celebrity cricketer who turned to politics in the 1990s. The PTI (as the party is known by its Urdu acronym) grew in power, culminating in Khan’s 2018 election as prime minister on a platform of change and anti-corruption (BBC, 7/26/18). Since August 2023, he has been continuously locked up on over 180 charges levied by the current Pakistani government (Al Jazeera, 10/24/24), accused of crimes ranging from unlawful marriage to treason (New York Times, 7/13/24).

As protesters descended upon Islamabad’s Democracy Chowk, a public square often used for political rallies, Pakistani security forces unleashed brutal repression on the movement (BBC, 11/26/24). Some protesters were shot with live ammunition, with one doctor telling BBC Urdu (11/29/24) “he had never done so many surgeries for gunshot wounds in a single night.” A man’s prayers were interrupted when paramilitary forces pushed him off a three-story stack of shipping containers (BBC, 11/27/24).

The Guardian (11/27/24) witnessed “at least five patients with bullet wounds in one hospital,” and reported that, per anonymous officials, army and paramilitary forces shot and killed 17 protesters. Independent Urdu (11/30/24) spoke to doctors and officials at two Islamabad hospitals, where over 100 protesters with gunshot wounds were admitted. Geo Fact Check (11/30/24) and Al Jazeera (12/4/24) have independently confirmed some of the deaths.

A source within the Pakistan Army later exposed to Drop Site (12/10/24) that the crackdown was premeditated by the government, and included orders to fire at a deliberately disoriented crowd.

Running cover

The New York Times (11/26/24) framed violence as a “clash” between protesters and police, and depicted the shooting of demonstrators as an effort “to defend government buildings with gunfire if needed.”

To the New York Times, the journalistic responsibility to investigate the repression of protesters by a US-supported regime went only as far as reprinting government denials. The first story (11/26/24), published 13 hours after the government crackdown, initially made no mention of murdered protesters, before later being stealth-edited to reflect that “hospital officials told local news media that at least four civilians had died from bullet wounds.” (The original version is archived here.) The possibility of government violence was framed as a defensive necessity: “Soldiers were ordered to defend government buildings with gunfire if needed,” the subhead read.

The next story (11/27/24) used similarly passive, obfuscatory language, writing that local media reported “four civilians were killed by gunfire in the unrest.” Further down, the Times reported that PTI “accused security forces of killing dozens of protesters, a claim that could not be independently verified and was repeatedly denied by officials.”

In neither story did the Times attribute the bullets to any actor; meanwhile, it did reprint comment from Pakistan’s Interior Minister Mohsin Naqvi, Information Minister Attaullah Tarar and Islamabad top cop Ali Nasir Rizvi, in addition to twice citing unnamed “officials,” all of whom claimed that security forces did not shoot protesters.

A third Times report (11/27/24) on the protests said that PTI “claimed that several of its workers were killed or injured during the protest…by the authorities,” without mentioning that protesters had in fact died; it quickly followed up that the Information Minister Tarar denied officers shot at protesters. Besides that brief mention, the story bizarrely focused on the inconvenience that protests have created for residents of Islamabad.

The headline of Washington Post’s only story (11/27/24) on the affair mentions “violent clashes,” but the outlet failed to report that anyone had died, much less been killed by security forces. Whenever “alleged” abuses were mentioned in the story, they were followed with government denials.

In all, the Times and the Post responded to brutal government repression of a mass protest by relaying government denials and reporting on bullet wounds with no apparent source.

What’s perhaps more troubling is the failure of either outlet to report that the government carrying out this repression is one well-supported by the Biden administration, even over the objection of his own party’s congresspeople. The omission of Biden’s support for the ruling government, led by the Pakistan Muslim League-Nawaz (PMLN) is glaring, but not new.

‘All will be forgiven’

The document that has the Biden State Department telling Pakistan that “all will be forgiven in Washington” if it removed its prime minister (Intercept, 8/9/23) was not quoted by the New York Times or Washington Post.

Corporate media also did their best to obscure the circumstances of Khan’s fall from power and PTI’s recent election loss. Imran Khan lost power in 2022 in the form of a no-confidence vote orchestrated by the military establishment (Foreign Affairs, 6/16/23; Dawn, 2/15/24). That move came after a March 2022 meeting between US State Department officials and the Pakistani ambassador to the United States.

Under Khan, Pakistan had increasingly charted a foreign policy course independent from US interests (Nation, 7/5/21; BBC, 6/21/21). The Biden administration’s appetite for Khan’s leadership had begun to wane, especially with regards to Afghanistan and Russia.

According to a leaked Pakistani diplomatic cable (Intercept, 8/9/23), President Joe Biden’s Assistant Secretary of State Donald Lu informed the ambassador that “if the no-confidence vote against the prime minister succeeds, all will be forgiven in Washington”—a reference to Pakistan’s posture on the Russia/Ukraine war, which Lu reportedly termed “aggressively neutral.” If not, Khan and his government would be further isolated. One month later, Khan was removed in a parliamentary vote of no-confidence.

Despite maintaining that the cable does not entail US meddling in Pakistan’s domestic affairs, Pakistani Prime Minister Shehbaz Sharif has confirmed its authenticity (Intercept, 8/16/23). US State Department spokesperson Matthew Miller stated the cable’s description of the meeting with Lu were “close-ish” in accuracy (News International, 8/10/23).

Only after Khan’s removal of power did the United States intervene to help Pakistan secure a much-needed loan from the International Monetary Fund (Intercept, 9/17/23). The conditions of the loan included forcing austerity measures on the Pakistani population and, notably, a weapons sale to Ukraine (via Global Ordnance, a controversial arms dealer).

While the Times and the Post did report on Khan’s allegation of US interference in his ouster, even reporting Khan’s claim of a secret diplomatic communique (e.g., New York Times, 4/2/22, 4/9/22; Washington Post, 4/10/22, 4/13/22), they were silent when the Intercept published the cable itself in August 2023.

Slow-walking a rigged election

A confession to vote fraud was treated by the New York Times (2/18/24) as “appear[ing] to lend weight to accusations” of vote fraud.

The next popular election took place in February 2024. (The elections were scheduled for 2023, but the military managed to delay them for another year.) It was clear that the PMLN-led government and the military were conspiring to undermine PTI at every turn, including by jailing Khan and tampering with the military-controlled national election software (Intercept, 2/7/24).

PTI candidates who were winning their elections during live vote-counting were shocked when the official results showed their constituencies had been lost by tens of thousands of votes. Far from Trumpesque fraud claims that attempt to stop vote counting while a candidate holds a tenuous lead, PTI candidates saw tens of thousands of votes erased from their vote totals between live counting and official results (Intercept, 2/9/24). The election was clearly rigged, foreign media observers concurred (Le Monde, 3/1/24; Economist, 3/14/24).

For two outlets that are ostensibly so anxious about the state of democracy in the United States, the New York Times and Washington Post were more staid in their concerns for Pakistani democracy. The Times (2/18/24), reporting on a confession by a senior Pakistani official of rigging votes, only went as far as to say that the admission “appeared to lend weight to accusations” by PTI of election-rigging.

The Post, while initially entertaining the possibility of a rigged election (e.g., 2/11/24), fell short of actually reporting that PMLN and the military stole the election. The Post didn’t report on the Pakistani official’s confession of election-rigging.

The tone struck was highly conservative compared to, say, the Times and Post coverage of the 2018 elections in Bolivia (FAIR.org, 3/5/20, 7/8/20). In that instance, US media didn’t hesitate to pounce on allegations of electoral fraud against left-wing president Evo Morales, even though the election was later found to be fair (only after a right-wing interim government was able to take power). Could it be that US media treats electoral fraud claims more seriously when they’re against official enemies?

Congressional dissent

“A growing chorus of voices in the US government is demanding accountability for Pakistan’s military junta over its attacks on political dissent, imprisonment of opponents, and the rigging of an election earlier this year,” Drop Site (10/23/24) reported—but readers of the leading US papers aren’t hearing about it.

Once it was clear that PTI didn’t have enough seats to form a governing bloc (despite the surprising popular surge behind the party and against the political-military establishment), 31 US lawmakers led by Rep. Greg Casar (D.–Texas) demanded the Biden administration withhold recognition of the Pakistani ruling government until a “thorough, transparent and credible” investigation of the election could be carried out (Intercept, 2/28/24). This letter is part of a pattern of objections by congressmembers to Biden’s acceptance of an authoritarian Pakistani government—so long as they align with US foreign policy interests (Intercept, 11/17/23).

A State Department press release (2/9/24) immediately after the election condemned abrogations of the rights of Pakistani citizens, and further said “claims of interference or fraud should be fully investigated.” The same statement, however, assured that “the United States is prepared to work with the next Pakistani government, regardless of political party.”

Less than two months later, Biden sent a letter (Times of India, 3/30/24) to Pakistani Prime Minister Shehbaz Sharif of the PMLN, “assuring him that his administration will fully back his government in addressing critical global and regional challenges.”

As recently as the past few months, two more letters have been submitted by US lawmakers urging the Biden administration to reevaluate its relationship with Pakistan’s government, which lawmakers say has been violating the human rights of the Pakistani people (Drop Site, 10/23/24; Dawn, 10/24/24; Times of India, 11/17/24).

Coverage of congressional dissent from Biden’s Pakistan policy has been absent from both the Times and the Post. Absent from the pages of leading papers were any stories about lawmaker concerns over human rights, free elections and authoritarian governance.

Continuing omissions

This New York Times article (11/27/24) presented protests against political repression in Pakistan as a big nuisance.

These trends continued in recent reporting. Two of the New York Times stories (11/25/24, 11/26/24) on the protests mentioned the rigged election only as an allegation by Khan and his supporters, countered with government denials and offering readers no sense of which side might be telling the truth. The other three stories (11/26/24, 11/27/24, 11/27/24) don’t discuss election-rigging at all. None of the stories touched on the US involvement in Khan’s fall from power, nor the Biden administration’s continued support of an authoritarian ruling government.

The Washington Post’s single story (11/27/24) also limited itself to critiquing the ruling government, without mentioning the rigged election, US intervention in Khan’s expulsion, or continuing US support for a government that is killing its own citizens.

Reporting on protests in Pakistan without mentioning US involvement in domestic politics creates a perception that Pakistani chaos is a concern mostly for Pakistani people, and readers in the United States need not examine the role of their own government in a national political crisis.

 

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Free Press (12/6/24)

This week on CounterSpin: Writing for a DC court of appeals, Douglas Ginsburg said yes, banning the wildly popular platform TikTok does raise concerns about First Amendment freedoms; but it’s still good, because in pushing for the ban, the US government “acted solely to protect that freedom from a foreign adversary nation.” If that’s clear as mud to you, join the club. We’ll get an update on the proposed ban on TikTok—in the service of free speech, doncha know—from Yanni Chen, policy counsel at the group Free Press.

https://media.blubrry.com/counterspin/content.blubrry.com/counterspin/CounterSpin241220Chen.mp3

 

Sentencing Project (12/11/24)

Also on the show: We’re all familiar with the “if it bleeds, it leads” credo of, especially but not only, local TV news. But just because we’re aware of it, doesn’t mean the phenomenon isn’t still impacting our lives in negative ways. Richard Mendel is senior research fellow for youth justice at the Sentencing Project. He joins us to talk about new research showing how news media coverage actively harms young people of color, yes, but also all of our understanding and policy-making around youth and crime.

https://media.blubrry.com/counterspin/content.blubrry.com/counterspin/CounterSpin241220Mendel.mp3

 

After Republicans turned transgender people into a central target in the 2024 election, trans issues returned to the spotlight less than a month later, when the Supreme Court heard a challenge to Tennessee’s ban on gender-affirming medical care for youth.

In what is widely considered one of the most consequential cases of the current court term, trans youth in Tennessee (joined by the Biden government) challenged their state’s law prohibiting puberty blockers, hormone treatments and surgery as a violation of the Equal Protection Clause. Many rights advocates fear that a decision upholding Tennessee’s ban—which seems likely—will quickly erode trans rights across the board, and more broadly undermine equal protection rights.

But voices in the corporate media’s opinion pages were quick to downplay the dangers of the case, leaning on false and misleading anti-trans narratives that have become all too common in US media.

‘Bedrock equal protection’

The ACLU’s Chase Strangio (New York Times, 12/3/24) notes that Tennessee’s case suggests that “somehow medical regulations are sort of exempt from heightened scrutiny when it comes to sex.”

In US v. Skrmetti, the plaintiffs argue that Tennessee’s ban on gender-affirming care for trans youth must be subject to heightened scrutiny under the Equal Protection Clause of the 14th Amendment. If a state is accused of treating people differently under a law, but it can offer a rational justification for that differential treatment, the courts generally let the law stand. But if a law discriminates based on certain classifications, including sex, gender, race and religion, the state has to prove it’s not based on prejudice—a much higher bar to clear. The Skrmetti case asks the justices to decide whether the Tennessee law discriminates based on sex and should therefore be subject to that higher bar (specifically, that the law serves an “important state interest”), which it would be unlikely to meet.

Though Tennessee’s argument rests largely on the idea that its law discriminates based on “age” and “purpose,” Tennessee solicitor general, Matthew Rice, admitted under questioning that the law does classify based on sex. As trans ACLU lawyer Chase Strangio (New York Times, 12/3/24) explained it:

If a 14-year-old goes to the doctor’s office and says, “I want to have a puberty consistent with my male friends,” the doctor can say yes to the person assigned male who’s just developing later than his peers, but not to the person assigned female who’s transgender.

So it would seem to be a fairly clear-cut decision in favor of the plaintiffs. And yet the conservative justices’ line of questioning suggested they are looking for a way to rule in favor of Tennessee—most likely by justifying an exception to heightened scrutiny, based on the fact that the case involves “medical judgments.”

Justice Ketanji Brown Jackson (Newsweek, 12/4/24) expressed serious concern over this line of thinking, arguing that creating any kind of exceptions to heightened scrutiny “​​undermin[es] the foundations of some of our bedrock equal protection cases.” Observers pointed out that doing so could open the door to other medical carveouts for sex discrimination (such as abortion or birth control), as well as exceptions for other forms of discrimination (such as racial discrimination) (e.g., Vox, 12/4/24).

Denialist game plan

The Wall Street Journal (12/3/24) affects incredulity—”believe it or not”—at the argument that it’s sex discrimination to restrict particular forms of healthcare based on the patient’s sex.

But many media pontificators obscured the important legal questions and implications, repeating spurious narratives about transition and its alleged risks in order to justify a rights-restricting ruling.

The Wall Street Journal editorial board (12/3/24) jumped out of the gates to defend the ban before oral arguments even began, arguing that the ban “is focused on diagnoses” and therefore isn’t sex discrimination. The Journal editors have returned to the issue twice since then, once (12/13/24) to hold up a lawsuit by a detransitioner as providing “context” for the case, and again (12/15/24) to incorrectly announce that Britain had “permanently banned” puberty blockers for youth, and to argue that “lawmakers in Tennessee are within their rights to insist their state’s children get the same quality of care that’s becoming standard in Britain.”

Citing healthcare, or lack thereof, across the Atlantic is (somewhat ironically) a favorite argument of trans rights opponents, who regularly point to the British Cass Review, a report conducted by people with no expertise in pediatric transgender care in the midst of a rising anti-trans panic in the UK (FAIR.org, 7/19/24). In response to the Cass Review, the British health system has not “permanently banned” puberty blockers; rather, they have made new prescriptions for puberty blockers unavailable for trans patients not already taking them, for an indefinite period of time while they conduct further studies, but to be reviewed again in 2027.

These arguments don’t like to admit that the European restrictions that they cite are far from the blanket bans that Tennessee and other US states have (FAIR.org, 6/22/23). And they are political decisions that do not represent expert medical consensus. All the relevant medical associations in the US; those in a variety of other countries, including Canada, New Zealand and France; the World Professional Association for Transgender Health and other prominent groups of medical experts on trans healthcare have rejected the Cass Review’s methods and conclusions, and support gender-affirming care for youth.

Moreover, while cases of detransition are likewise a centerpiece of arguments for banning trans healthcare, those arguments virtually never—the Journal being no exception here—acknowledge that rates of regret after such care are astonishingly low (PRS Global Open, 3/19/21). Even the Cass Review, for instance, was unable to dig up even 10 cases of detransition out of 3,306 patient records, which would translate to a rate of less than one-third of 1%.

As Joanna Wuest (The Nation, 12/4/24) pointed out, those driving the narrative of trans medical care being “risky” or “uncertain” are following the same game plan as fossil fuel, tobacco and Covid science denialists, exploiting real but marginal scientific uncertainties or outliers to promote public misunderstandings of the scientific consensus and advance their own political agenda.

The other major Murdoch paper in the US, the New York Post (12/5/24), also predictably came out swinging for Tennessee, calling youth transition “insane,” and centrally citing detransitioners and European restrictions.

‘Evidence too thin’

The Washington Post (12/15/24) demands “new research of maximum possible rigor” for gender-affirming care, “overseen by scientists who are not gender medicine practitioners”—which is just like demanding research of cancer treatment conducted by doctors who aren’t cancer specialists.

It’s no surprise that Murdoch’s mouthpieces would parrot the right-wing line against transgender rights. But the more centrist Washington Post took a line nearly as strident and misinformed. More than a week after the oral arguments, the paper published an editorial (12/15/24) taking Tennessee’s side.

The Post editors claimed the “crux of the debate” is

whether, as the plaintiffs argued, the treatments can be lifesaving or, as some global health authorities have determined, the evidence is too thin to conclude that they are beneficial and the risks are not well-understood.

From the start, then, the Post framed it in a wildly misleading way as a scientific debate between, on the one side, the Biden administration and a handful of trans youth and, on the other side, global health experts. It’s obvious who readers are meant to believe has the weight of authority here.

The Post continued:

This unresolved dispute is why Tennessee has a colorable claim before the court; it would be ludicrous to suggest that patients have a civil right to be harmed by ineffective medical interventions—and, likewise, unconscionable for Tennessee to deny a treatment that improves patient lives, even if the state did so with majestic impartiality.

The Post‘s argument illustrates why many are so concerned about the broader repercussions of the Skrmetti case. Anti-abortion and religious activists already argue that birth control is harmful, and failure rates of oral contraceptives are much higher than rates of dissatisfaction with gender-affirming care (which is presumably what the Post means by “ineffective,” since the treatments are not ineffective in their impact on a person’s sex characteristics). So if the Post wants to make the argument that medical arguments ought to trump arguments of sex discrimination, it ought to at least clue readers into the implications of that argument.

Just as importantly, while both gender-affirming care and birth control carry some side effects and risks, there’s not a legitimate medical debate about either being, on balance, “ineffective” or “harmful.” And there is plenty of evidence that they both improve patient lives.

However, the Post editorial’s readers couldn’t possibly imagine that, because the Post only presented evidence that supported their claim. In case anyone was unsure at this point about their stance, the editors’ conclusion clarified which side the Post wants you believe has greater scientific legitimacy: “The failure to adequately assess these treatments gives Tennessee reason to worry about them—and legal room to restrict them.”

The Post also ran a piece by columnist Megan McArdle (12/6/24) that essentially adopted the medical carveout position, writing that a civil rights framework is trumped by “biology.” Similar arguments could be found on op-ed pages across corporate media, from the New York Times (12/8/24) to USA Today (12/4/24) to the Hill (12/4/24).

‘Ripple effects’

Casey Parks (Washington Post, 12/5/24) reported a rare news story about trans youth that is actually from the perspective of trans youth.

Such voices did not entirely monopolize the op-ed pages, and some strong trans advocates were published as well. The New York Times, whose publisher has vehemently defended the paper’s influential role in spreading misleading anti-trans narratives (FAIR.org, 5/19/23), published trans ACLU lawyer Chase Strangio (12/3/24) arguing from both a legal and personal perspective for the right to gender-affirming care. Trans nonbinary Times columnist M. Gessen, who joined the paper in May, also published a column (12/6/24) and was interviewed by fellow Times columnist Lydia Polgreen for the Times‘ Opinions podcast (12/9/24).

At the Boston Globe, columnist Kimberly Atkins Stohr (12/4/24) drew comparisons to the Dobbs ruling and its own “ripple effects,” and called on states to enact shield laws to protect “the ability of doctors, their patients, and patients’ families to act according to their needs, wishes and the proper standard of medical care.” And the Los Angeles Times published a piece by ACLU head Anthony D. Romero (12/3/24) that also linked the Skrmetti case to the Dobbs case, and criticized “the recent retrenchment on the political left and center [that] may set back the cause of trans equality — and equal protection more broadly.”

The Post news section, meanwhile, produced some careful and sensitive reporting its editorial board ought to read, such as an FAQ (12/3/24) on the basics of gender affirming care for minors, “including what puberty blockers are and whether cross-sex hormones impact fertility.” Reporter Casey Parks relied on actual medical experts to answer the questions, rather than allowing it to be framed as a “culture war” or relaying “both sides,” as media reports too often do (FAIR.org, 11/23/22).

Parks also wrote an account (12/5/24) of the Supreme Court oral arguments through the eyes of one of the young trans plaintiffs, who ingenuously wanted to talk to the Tennessee governor and the anti-trans protesters because she believed they were “unaware of the consequences” of their actions, and she wanted to tell them how her life was “immeasurably better than it had been before she started blockers and hormones.”

Scapegoats for Democratic losses

Pamela Paul (New York Times, 11/14/24) says Democrats should embrace a “common sense” approach to trans issues—which appears to mean believing that “gender is based on sex at birth.”

In the 2024 election, Republicans spent more on anti-trans advertising than any other issue (Truthout, 11/5/24; Erin in the Morning, 11/13/24). Rather than fiercely defend trans people from the vicious attacks, several “liberal” pundits accused the Democratic party of going too far on trans rights, scapegoating trans people and their defenders for the party’s losses. That included the New York Times‘ Pamela Paul (11/14/24) and Maureen Dowd (11/9/24), and the Atlantic‘s Helen Lewis (11/10/24), all of whom approvingly quoted Massachusetts Rep. Seth Moulton, who said, “I have two little girls; I don’t want them getting run over on a playing field by a male or formerly male athlete, but as a Democrat I’m supposed to be afraid to say that.”

Moulton later walked back his comments, saying his point was that Democrats should be leading the conversation on trans rights rather than running away from it, and that he promised “unwavering” commitment to LGBTQ rights—something the aforementioned pundits expressed little interest in.

There’s no reason to doubt the incoming Republican government will continue its attacks on trans people and their rights, only now with much more power at its disposal. We need news media now more than ever to hold those in power accountable for their attacks on minority groups, but the coverage of the Skrmetti case suggests that many in the press corps will instead happily join in on the attacks.

 

Since the overthrow of the Syrian government, corporate media analysts have offered advice as to how the US should approach Syria going forward. These observers consistently opted not to call on the US and Israel to end their occupations of and violence toward Syria.

The Washington Post (12/8/24) calls for “engaged diplomacy” from the incoming Trump administration to “help write a brighter next chapter for this strategically located, and long-suffering, country.”

A Washington Post editorial (12/8/24), headlined “Why the US Needs to Help Build a New Syria,” said:

Syria might seem far removed from US interests. Before Mr. Assad’s fall, President-elect Donald Trump posted: “DO NOT GET INVOLVED!” But America is involved. Some 900 US troops and an undisclosed number of military contractors are operating in northeastern Syria near Iraq, battling the Islamic State and backing Kurdish forces fighting the Assad regime.

Estimates suggest that the US-led coalition that bombed Syria, ostensibly to defeat ISIS (Jacobin, 3/29/16), has killed at least 3,000 Syrian civilians and possibly more than 15,000. The Post misses a rather obvious point: The US can “help” Syria by withdrawing the forces that have slaughtered thousands of Syrian noncombatants.

The Post also published a piece by columnist Josh Rogin (12/8/24), “For the First Time in Decades, Syria Is Free. Now It’s Time to Help.” Set aside that Syria is not “free”; it is under foreign occupation (CBC, 12/10/24). The article provided virtually no details about the forms he thinks that “help” should take. Rogin said that “for those in Washington who have long wanted to withdraw US troops from Syria, [the ouster of Bashar al-Assad’s government] might offer a path forward.”

That falls short of saying that the US should withdraw its 900 troops and unknown number of contractors from the country, and Rogin said nothing about the US military bases in Syria, of which there are at least five, plus a minimum of two smaller sites (Stars and Stripes, 12/6/24). Through such mechanisms, the US has long exercised control over a quarter of Syrian territory, including its breadbasket and oil reserves (FAIR.org, 3/7/18; Responsible Statecraft, 7/28/24). Surely ending the US military occupation and returning sovereign control over the country’s vital resources are essential ways to “help” Syria, yet Rogin declined to call for these steps.

‘Promote stability and democracy’

Boston Globe (12/12/24): “A US military presence, however small, can make a difference.“

The Boston Globe’s editorial board (12/12/24) said that the fall of the Syrian government

represents an opportunity for the United States and the international community to reach out, to engage, and to help free Syria from the more cynical ambitions of Assad’s patrons in Iran and Russia.

Yet the paper endorsed the US occupation of Syria, writing that “a US military presence, however small, can make a difference.” It also advocated continued US meddling in Syrian affairs, asserting that “American diplomats can help promote stability and democracy in the country while sidelining extremist groups.”

Writing such a thing requires extraordinary cynicism, a goldfish’s memory, or both. The US teamed up with Al Qaeda in an effort to bring down the Assad government (Harper’s, 1/16). Weapons that America and its Saudi allies supplied to groups fighting the Syrian government “fell into” ISIS’ hands, significantly improving the quality of ISIS’ armaments, in quantities “far beyond those that would have been available through battle capture alone” (Al Jazeera, 12/14/17).

‘Cautious about removing sanctions’

“The US should be cautious about removing sanctions,” advised the LA Times (12/13/24).

In the Los Angeles Times (12/13/24), Matthew Levitt said Syria’s “people need and deserve American support now.” His definition of “support” includes the US “maintain[ing] its small but influential US military presence in Syria,” in part to enable America’s junior partners in northeast Syria, the Syrian Democratic Forces (SDF), to “continue maintaining detention camps holding Islamic State fighters.”

The conditions in these camps are abhorrent. An April report from Amnesty International concluded that the SDF and its local partners

—with the support of the US government and other members of the coalition to defeat the Islamic State (IS) armed group—are engaged in the large-scale and systematic violation of the rights of more than 56,000 men, women and children in their custody. Most of these people were detained during the final battles with IS in 2019. They are now held in at least 27 detention facilities and two detention camps and face arbitrary and indefinite detention, enforced disappearance, grossly inhumane conditions, and other serious violations. Many of those detained are victims of IS atrocity crimes or trafficking in persons.

Keeping Syrians in dungeons is a rather odd way to “support” them.

Levitt also wrote that “the US should be cautious about removing sanctions against the Syrian state.” Maintaining sanctions is the opposite of “support[ing]” Syrians. In July, the United Nations Economic and Social Commission for Western Asia reported that the sanctions are negatively “impact[ing] large sectors of the population and the economy, including basic services (education, health, [water, sanitation, and hygiene]) and productive sectors (manufacturing and agriculture), as well as the work of humanitarian organizations.”

The cruelty of the sanctions is such that during the war in Syria, according to World Health Organization (WHO) officials, Western sanctions have “severely restrict[ed] pharmaceutical imports,” undermining pediatric cancer treatment (Reuters, 3/15/17). Yet Levitt thinks the US shouldn’t hurry to lift such measures, even as doing so is a straightforward way to “support” Syrians.

Meanwhile, neither the editorial board of the Post nor that of the Globe includes sanctions removal on its list of ways to “help” Syria.

Furthermore, Levitt points out that, between the Assad government’s last hours and the first days after its overthrow, “the Israeli air force and navy have hit more than 350 strategic targets across the country, destroying an estimated 70% of Syria’s military capabilities.” Whatever Levitt’s definition is for “support,” it apparently includes the US allowing its Israeli surrogate to destroy Syria’s capacity to defend itself from foreign aggression. That won’t help Syria regain the sovereignty it has lost in the 13 years of international proxy war that have taken place on its soil, particularly when the party destroying Syrian military capacity is Israel, which maintains a decades-long regime of illegal occupation, colonization and annexation in Syria’s Golan Heights.

‘Suck Israel into Syria’

Thomas Friedman (New York Times, 12/13/24): “Middle Eastern countries…come in just two varieties: countries that implode and countries that explode.”

Similarly, the New York Times’ Thomas Friedman (12/13/24) argued that the incoming Trump administration should “help with—dare I say it—nation-building in Syria.” He went on to say “it would cost the United States and its allies little money and few troops to try to help” Syria. Friedman subsequently claimed that “without American help and leadership,” Syria could devolve into a “forever war” that would “suck Israel into Syria.”

Prior to Friedman’s article going to print, Israel had carried out 420 airstrikes in Syria in a week, hitting targets in 13 Syrian provinces. Israel had also set up shop on Mount Hermon, which is strategically located on the Syria/Lebanon border, in violation of 1974 disengagement agreement between Israel and Syria (BBC, 12/13/24).

Setting aside that Friedman bizarrely cast Israeli involvement in Syria as a hypothetical rather than a long-running reality—Israel bombed Syria hundreds of times in the 13 years of war that led to the Syrian government’s demise—the author’s notion of America “help[ing]” with “nation-building” does not exclude its underwriting Israel’s nation-destroying and nation-stealing in Syria.

In the same vein, the Globe’s editorial board says they want the US to “help free Syria,” but the Israeli violence that the US underwrites appears exempt, since it blandly describes some of what Israel has been doing, but doesn’t say it should stop:

Israel continues to launch bombing raids of Assad’s chemical weapons plants, naval vessels and Russian-made bombers, which the Israeli government says it is doing to prevent those military assets from falling into the wrong hands amid the chaos.

Thus, the authors seem to think the US can “help free Syria” without compelling its Israeli client to ends its relentless assault on the state. Meanwhile, stopping Israel’s bombing and conquest of Syria is not enumerated among the ways that Rogin or the Post’s editors think the US can “help” Syria have a brighter future.

If these commentators genuinely wanted Syria to flourish, they’d insist that the US and its allies finally end their long campaign of intervening in Syria, with quite harmful effects on the country’s population (Electronic Intifada, 3/16/17), and allow the nation to chart its own course.

 

 

In the wake of the killing of UnitedHealthcare CEO Brian Thompson and the arrest of  alleged shooter Luigi Mangione, I wrote (FAIR.org, 12/11/24) about how Murdoch outlets like the Wall Street Journal and New York Post, as well as Jeff Bezos’ Washington Post editorial board, not only decried the widespread support for Mangione but fought back against legitimate criticism of the health insurance industry.

Now the New York Times is in full-scale panic mode over the widespread boiling anger against the health insurance industry the killing has laid bare (CNN, 12/6/24; PBS, 12/7/24; Reuters, 12/9/24).

‘Working-class hero’

Bret Stephens (New York Times, 12/12/24): Brian Thompson is “a model for how a talented and determined man from humble roots can still rise to the top of corporate life.”

Times columnist Bret Stephens (12/12/24) wrote that because Thompson came from small-town beginnings, whereas Mangione was from a privileged background, it was in fact the slain CEO who was the real “working-class hero.” This shows that Stephens doesn’t understand class as a relationship of power, where people like Thompson have economic power, regardless of their cultural background.

(As music critic Kurt Gottschalk noted, it also shows that Stephens doesn’t understand the John Lennon song he’s quoting from, whose lyrics advise the would-be working-class hero: “There’s room at the top they are telling you still/But first you must learn how to smile as you kill/If you want to be like the folks on the hill.”)

Stephens said that the idea that health insurance “companies represent a unique evil in American life is divorced from the experience of most of their customers.” The aforementioned FAIR piece contains plenty of evidence that contradicts Stephens’ weak claim that Americans are perfectly fine with the status quo, noting that medical bankruptcies are exploding, that polling shows growing dissatisfaction with the American healthcare system, and that studies show the American system lags behind those of peer nations. But, really, the best evidence that many customers are dissatisfied with the health insurance system is that so many of them found the murder of a health insurance CEO perfectly understandable.

Stephens, one of the Times’ several right-wing columnists, has said (2/28/20) that socialist Vermont Sen. Bernie Sanders, one of the best-known lawmakers supporting Medicare-for-All, “scares” him, because he is “now the old man who rails compulsively against ‘the billionaire class’ and wants to nationalize the health insurance industry.” Stephens (1/31/20) complained that for Sanders’ supporters, “ordinary civility isn’t a virtue,” but rather a “ruse by which those with power manipulate and marginalize those without”; if so, they offer a pretty good critique of the way Stephens himself deploys “civility” to silence dissent.

‘Tiptoe toward justifying assassination’

Ross Douthat (New York Times, 12/13/24) : Criticism of the insurance industry in the wake of Thompson’s murder “illustrates how easily toxic elements can slip into mainstream politics right now.”

Another right-wing Times columnist, Ross Douthat (12/13/24) specifically addressed the “manifestly illiberal conceit that murder is wrong, but public enthusiasm for the murder of an executive in a deplorable industry reflects the understandable anger of people pushed too far”—a position he insisted “seems to tiptoe toward justifying assassination even if you insist that you’re disavowing violence.” He dismissed the “idea that the American model of private insurance is uniquely evil and engaged in acts of social violence because it denies people too much treatment,” maintaining that all insurance systems, public or private, ration care.

But as I noted in the earlier FAIR article, the Commonwealth Fund (NBC, 9/19/24) found that the US system does, in fact, stand out among other peer nations, ranking “as the worst performer among 10 developed nations in critical areas of healthcare.” Those areas the US falls short in include “preventing deaths, access (mainly because of high cost) and guaranteeing quality treatment for everyone.” The rest of the world is doing better than us on these scores, contrary to Douthat.

Americans see the systems working in the rest of the world and know that the United States could have a better healthcare regime, but that corporate and government leaders simply choose not to.

‘We let a murderer manipulate us’

As people shared their health insurance horror stories of denied treatments and mounting bills as ways of understanding the shooter’s outburst, bioethicist Travis Rieder (New York Times, 12/13/24) shook his finger at the masses as if they were rowdy kindergarteners:

The supposed motives assigned to the shooter may well be understandable. But not everything understandable is justifiable. This tragic situation should motivate us to change the institutions and structures that have failed so many people. But not to give murder a pass, and especially not to glorify it.

Peter Coy (New York Times, 12/13/24)suggested that UnitedHealth’s vertical monopolization of healthcare is “something like a private version of a single-payer national healthcare system.”

The paper produced an audio op-ed by political scientist Robert Pape (New York Times, 12/12/24), who urged listeners to see the public reaction as part of “the growing normalization of political violence in America,” rather than as part of the growing outrage over the broken healthcare system in America. Bypassing the latter issue, he simply likened it to the attack against the Pelosis and the two assassination attempts against Donald Trump, incidents that did not spark a national outcry against an unjust policy or system. “It is terribly important right now that national political leaders at all levels condemn political violence and the murder of the healthcare CEO and condemn the outpouring of support for the murder,” Pape said.

Times opinion contributor Peter Coy (12/13/24) investigated the complexities of for-profit healthcare and offered some band-aid solutions, while avoiding any real exploration of a more social democratic approach to healthcare, despite the popularity of publicly financed universal care (Common Dreams, 12/9/24). Coy wrote:

Tragically, Thompson’s shooting wasn’t a solution to anything. “The way we let a murderer manipulate us into having the conversation he wanted is grotesque,” Michael Cannon, the director of health policy studies at the Cato Institute, who favors a free-market approach, told me.

Coy, Pape and Rieder all pay lip service to problems with the healthcare system and suggest changing it through politics—as if people haven’t been fighting for that for decades. They offer the diagnosis that public celebrations over Thompson’s death are the result of some weakness of public character, which means that the answer is reminding people that murder is wrong.

The more honest diagnosis would be that the responses are the result of a broken political system that offers no real way for people to have their healthcare grievances addressed—but that would call not for scolding screwed-over patients, but rather demanding political reform that challenges entrenched political and corporate interests that the Times has little interest in challenging.

‘To help make it work better’

UnitedHealth CEO Andrew Witty (New York Times, 12/13/24) : “We understand and share the desire to build a health care system that works better for everyone. That is the purpose of our organization.” The $23 billion in profits the conglomerate made last year was apparently just a fortuitous happenstance.

But the most banal piece of all came from Andrew Witty (New York Times, 12/13/24), the CEO of UnitedHealth Group—the parent company of Thompson’s division—who said, offering no details and no real agenda for change:

We know the health system does not work as well as it should, and we understand people’s frustrations with it. No one would design a system like the one we have. And no one did. It’s a patchwork built over decades. Our mission is to help make it work better. We are willing to partner with anyone, as we always have—healthcare providers, employers, patients, pharmaceutical companies, governments and others—to find ways to deliver high-quality care and lower costs.

While this piece offered almost nothing other than PR for a company in desperate need for positive spin, its placement on the Times op-ed page did help demonstrate why the shooter got so much sympathy in this case. People like Witty, with access to highly compensated crisis management consultants, can have their polished messaging featured in the highest perches of American media. With all of these pieces on the opinion page lambasting the public for voicing anger against executives like Thompson, there is no voice from anyone on the opinion pages explaining why they are taking part in this national movement of solidarity against insurance profiteering.

That’s a telling omission, because those stories could easily be told, especially as more news about the hideousness of this insurance Goliath emerges. Minnesota doctors have sued UnitedHealthcare, alleging it “deliberately engages in the pattern of ‘deny, delay and underpay,’” resulting in over $900,000 in unpaid independent dispute resolution awards (KMSP, 12/12/24).

ProPublica (12/13/24) investigated how the company is limiting treatment for autistic children. Earlier this year, New York’s attorney general announced that the company was forced to pay “a $1 million penalty for failing to provide birth control coverage, a violation of New York state law” (Gothamist, 6/20/24). Senate Democrats accused the company of “denying claims to a growing number of patients as it tried to leverage artificial intelligence to automate the process,” a kind of capitalist nightmare with a sci-fi twist (Fox Business, 12/6/24).

The cancer patient being denied life-saving treatment, or the mom missing meals and working two jobs to afford their child’s medicine, don’t have PR teams like Witty does to reach the Times. That is why people are expressing such vitriol right now.

ACTION ALERT: You can send a message to the New York Times at letters@nytimes.com. Please remember that respectful communication is the most effective. Feel free to leave a copy of your communication in the comments thread.

 

Content warning: This article discusses the details of sexual assault.

The interview (This Week, 3/10/24) that cost ABC $15 million.

ABC has agreed to pay $15 million to President-elect Donald Trump’s presidential library and $1 million toward Trump’s legal fees “to settle a defamation lawsuit over anchor George Stephanopoulos’ inaccurate on-air assertion that the president-elect had been found civilly liable for raping writer E. Jean Carroll” (AP, 12/14/24).

Fox News (12/15/24) gloated that “Stephanopoulos and ABC News also had to issue statements of ‘regret’ as an editor’s note” on the online version of the offending piece (This Week, 3/10/24). The note reads:

ABC News and George Stephanopoulos regret statements regarding President Donald J. Trump made during an interview by George Stephanopoulos with Rep. Nancy Mace on ABC’s This Week on March 10, 2024.

This settlement is a dangerous omen for press freedom, given Trump’s threats to use his power to go after his media critics (NPR, 10/23/24; CNN, 11/7/24; PEN America, 11/15/24; New York Times, 12/15/24; Deadline, 12/16/24).

‘Common modern parlance’

Washington Post (7/19/23): Judge Lewis Kaplan “says that what the jury found Trump did was in fact rape, as commonly understood.”

Trump has been found liable for defaming and sexually abusing Carroll in two cases, both of which he is appealing (Politico, 9/6/24). “Donald Trump has been found liable for rape by a jury,” Stephanopoulos said (ABC, 3/10/24). “Donald Trump has been found liable for defaming the victim of that rape by a jury. It’s been affirmed by a judge.”

However, there is a legal difference between “sexual abuse” and “rape” under New York law. The jury found that Trump had violated Carroll with his fingers, not with his penis, and thus the incident was legally classified as sexual abuse, not rape (USA Today, 1/29/24).

However, as the Washington Post (7/19/23) reported:

The filing from Judge Lewis A. Kaplan came as Trump’s attorneys have sought a new trial and have argued that the jury’s $5 million verdict against Trump in the civil suit was excessive. The reason, they argue, is that sexual abuse could be as limited as the “groping” of a victim’s breasts.

Kaplan roundly rejected Trump’s motion Tuesday, calling that argument “entirely unpersuasive.”

The Post continued:

“The finding that Ms. Carroll failed to prove that she was ‘raped’ within the meaning of the New York Penal Law does not mean that she failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape,’” Kaplan wrote.

He added: “Indeed, as the evidence at trial recounted below makes clear, the jury found that Mr. Trump in fact did exactly that.”

Kaplan said New York’s legal definition of “rape” is “far narrower” than the word is understood in “common modern parlance.”

In other words, Stephanopoulos’ initial description was not legally accurate, but was instead relying on the popular understanding of the word, according to the judge overseeing the case.

Legally perplexing

Human rights lawyer Qasim Rashid (Newsweek, 12/15/24): “This is the cowardice of legacy media out to make profit, rather than uphold principle.”

For most journalists, such an offense isn’t nothing: Journalists should always be as accurate as possible, and when they do slip up, they should issue corrections. He should have used the most accurate terminology the court used.

But should this mistake cost the network $16 million, most of which will be used to prop up the legacy of the person who made the complaint, a former president on his way back to power?

Newsweek (12/15/24) noted that it was legally perplexing for ABC to settle so early: “Legal experts also criticized the broadcaster for settling the lawsuit before depositions were due to take place,” it explained. The piece quoted former prosecutor Joyce Vance:

I’m old enough to remember—and to have worked on—cases where newspapers vigorously defended themselves against defamation cases instead of folding before the defendant was even deposed.

Because this case never went to trial, we will never know if there was any evidence of actual malice or reckless disregard for the truth in this misreporting, as would be required to secure a defamation reward under New York Times v. Sullivan (Knight First Amendment Institute, 3/18/24). And while correcting the record seems reasonable for ABC, forking over millions in cash that could be otherwise used to employ teams of working journalists seems excessive.

Newsweek (12/15/24) also covered some of the backlash to the deal:

Democratic attorney Marc Elias wrote: “Knee bent. Ring kissed. Another legacy news outlet chooses obedience.”

Reporter Oliver Willis also chimed in, writing on Threads: “This is actually how democracy dies.”

Tech reporter Matt Novak said: “Not good for the rest of us when you do this shit, ABC.”

“But that’s probably half the point from management’s perspective,” he added Saturday.

A warning to other media

“The First Amendment was drafted to protect the press from just such litigation,” attorney Floyd Abrams told CNN (11/1/24). “Mr. Trump may disagree with this or that coverage of him, but the First Amendment permits the press to decide how to cover elections, not the candidates seeking public office.” 

The fact that the network is coughing up money as a result of Trump’s case sends a warning to other media that no media will be safe under a Trump regime. Trump has also sued CBS, “demanding $10 billion in damages over the network’s 60 Minutes interview with Vice President Kamala Harris.” His suit alleges that the Harris interview and “the associated programming were ‘partisan and unlawful acts of election and voter interference’ intended to ‘mislead the public and attempt to tip the scales’ of the presidential election in her favor” (CNN, 11/1/24).

If continuing the CBS lawsuit sounds petty in light of the fact that Trump won the election, that’s because it is petty. But protracted litigation could inflict real damage on the network. Fox News (12/13/24) bragged that the “CBS suit could potentially impact an enormous media merger.” As we know, Trump hates journalists, and is vowing to go after them when he gets back into power (FAIR.org, 11/14/24).

To be fair, this strategy, which is meant to create a chilling effect on speech, can backfire on Trump, as when he was ordered to “pay nearly $400,000 in legal fees to the New York Times and three investigative reporters after he sued them unsuccessfully over a Pulitzer Prize–winning 2018 story about his family’s wealth and tax practices” (AP, 1/2/24). That’s all the more reason why ABC should be fighting this dubious claim by Trump.

The New York Post editorial board (12/15/24) saw this as a big win for Trump, noting that Stephanopoulos had used the R-word several times in the segment:

The law gives even public figures some rights against such smears; if the case had proceeded, Trump’s legal team would’ve been able to access ABC News’ internal communications in order to prove the network’s reckless attitude toward the truth.

Trump was actually quite magnanimous in not making ABC pay him the settlement, even if the deal makes the company by far the largest donor to the Trump library.

Conservative legal commentator Jonathan Turley (Fox News, 12/16/24) speculated that ABC’s owner, Disney, likely wanted to start off on a better foot with a new Trump administration. “Disney is trying to adopt a more neutral stance after years of opposition to its stances on political issues and accusations of ultra-woke products,” he said. With “networks like MSNBC and CNN in a ratings and revenue free fall after the election, Disney clearly wants to start fresh with the new administration.”

In reality, ABC’s capitulation may have less to do with ratings and more to do with the GOP takeover of all three branches of federal power. Trump’s avowed plan to reward his friends and punish his enemies could force so-called “liberal” media into being more cheerleaders than a check on political power.

Even before the election, FAIR (10/25/24, 10/30/24) noted how the owners of the LA Times and Washington Post stepped in to keep their editorial boards neutral in the presidential race. In the case of the LA Times, owner Patrick Dr. Soon-Shiong has reportedly continued after the election to soften the paper’s editorial voice, a move that has “concerned many staff members who fear he is trying to be deferential to the incoming Trump administration” (New York Times, 12/12/24).

Now that Trump and his legal army see that at least one network will simply pay to have a legal complaint go away, they may feel emboldened to go after others. That could put a damper on critical coverage of the federal government when Americans need it the most.