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Garland makes good on Biden’s promise to stop harassing the press

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On July 20, 2021

In First Amendment, Media, Politics

Attorney General Merrick Garland. Photo (cc) 2016 by Senate Democrats.

Give President Joe Biden credit for having a keen understanding of what it takes to hold together his Democratic-liberal-progressive coalition.

When he said in May that it was “simply, simply wrong” for the government to spy on journalists, I was skeptical that he would follow up his sentiment with concrete action. After all, he was vice president under Barack Obama, whose harassment of reporters in his campaign against leaks was legendary. Other presidents also thought nothing about going after reporters, including Donald Trump, George W. Bush and, of course, Richard Nixon.

But press secretary Jen Psaki followed up by assuring reporters that Biden meant what he said. And, on Monday, it came to fruition with Attorney General Merrick Garland’s announcement that the administration would stop attempting to seize journalists’ records in nearly all circumstances. In a memo quoted by The New York Times, Garland wrote:

The Department of Justice will no longer use compulsory legal process for the purpose of obtaining information from or records of members of the news media acting within the scope of news-gathering activities.

Bruce Brown, executive director of the Reporters Committee for Freedom of the Press, issued a statement of approval, saying:

The attorney general has taken a necessary and momentous step to protect press freedom at a critical time. This historic new policy will ensure that journalists can do their job of informing the public without fear of federal government intrusion into their relationships with confidential sources.

Technically, Garland was acting on his own. The attorney general is supposed to be independent of the president. But Garland could hardly continue with the anti-press policies of Biden’s predecessors after Biden himself had spoken out so strongly in favor of reform.

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Garland’s actions come in response to some truly shocking actions undertaken by the Trump administration, some of which spilled over into the first few months of the Biden presidency. Acting on what appeared to be political motivations, the Trump Justice Department sought phone and email records from journalists at The Washington Post, The New York Times and CNN. Judging from the timeline, the Trumpsters seemed to be looking into those news organizations’ reporting on the 2016 Trump campaign’s ties to Russian interests.

There are some exceptions to Garland’s order in the case of life-or-death situations, or if a reporter is believed to be actively helping a source obtain classified information. But these exceptions strike me as reasonable rather than being easily exploited loopholes.

Garland’s memo also says that the Justice Department will support efforts to pass legislation making the guidelines permanent so that they don’t expire as soon as Biden leaves office. That’s really the key, since future presidents and attorneys general would otherwise not be bound by Biden and Garland’s good intentions.

Mere months after his suspension, Jeffrey Toobin is back at CNN

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On June 11, 2021

In Media

Jeffrey Toobin. Photo (cc) 2017 by Gage Skidmore.

Jeffrey Toobin, who was suspended seven months ago after he was caught masturbating on a Zoom call, is back at CNN. Lukas I. Alpert reports for The Wall Street Journal that the legal analyst appeared on TV Thursday afternoon with anchor Alisyn Camerota. He called his behavior “deeply moronic and indefensible” but repeated his longstanding claim that it was accidental. “I didn’t think I was on the call,” he said. “I didn’t think other people could see me.”

Well, now. What are we to make of this? In addition to his CNN perch, Toobin was a high-profile writer for The New Yorker, and it was during a meeting with colleagues at the magazine that he decided to fondle himself. The New Yorker fired him. There have been no public signs that there’s been any thought given to reversing that decision.

Although Toobin’s quotes from his CNN appearance Thursday come across as contrite and sincere, he did say he thought his firing by The New Yorker was “excessive punishment,” which suggests that he still doesn’t get it.

I believe in second chances. The problem with Toobin is that his suspension — for truly appalling behavior — didn’t even last a year, and he’s picking up right where he left off rather than being asked to regain the viewers’ trust in a less visible spot. I will say that his commentary is first-rate.

Writing in today’s CNN “Reliable Sources” newsletter, Brian Stelter says, “There were a wide range of reactions to the news on Thursday afternoon. But by nightfall, I pretty much sensed that the social media conversation had moved on to other subjects.” That may be true, but I don’t think Stelter should take it as an indication that people are OK with it. Many, I’m sure, are disgusted.

Count me with Poynter media analyst Tom Jones, who writes, “Regardless of Toobin’s intentions and past history, this feels like something so egregious that it simply can’t be dismissed. Frankly, I’m stunned CNN brought him back.”

It’s time for the feds to stop hassling and spying on the press

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On June 9, 2021

In First Amendment, Media

FBI headquarters. Photo (cc) 2008 by zaimoku_woodpile.

Previously published at GBH News.

It was a move reminiscent of the post-9/11 Patriot Act, which allowed federal investigators to spy on the reading habits of library and bookstore customers in the name of fighting terrorism.

Last week we learned that the FBI had subpoenaed USA Today in pursuit of Internet Protocol addresses and other data. The goal was to help the agency figure out the identities of people who had read a story last February about a Florida shootout in which two FBI agents were killed and three were wounded. The subpoena specifically cited a 35-minute time frame on the day that the shootings took place.

Fortunately, USA Today’s corporate owner, Gannett Co., the nation’s largest newspaper chain, took a principled stand and fought the subpoena. On Saturday, the FBI backed down. There’s already little enough privacy on the internet without having to worry about the possibility that government officials will be looking over our shoulders as we’re reading.

We are in the midst of a systematic assault on the media’s role in holding the powerful to account. And it’s long past time for our elected officials to do something about it by passing legislation rather than relying on assurances by President Joe Biden that he’s ending these abuses. After all, Biden’s assurances can be undone by the next president with the flick of a pen. We need something stronger and more stable.

Barely a month ago I wrote about the revelation that the Trump Justice Department had spied on three Washington Post reporters’ phone records. I observed that Trump’s actions were in line with a long string of presidential attacks on the media, from Richard Nixon to George W. Bush to Barack Obama.

Since then, the revelations have come at a dizzying pace. In addition to the USA Today subpoena, which strikes me as especially egregious since it targets readers rather than journalists, there have been at least two other noteworthy instances of abuse:

• In late May, CNN reported that the Trump administration had secretly obtained 2017 email and phone records of Barbara Starr, a longtime reporter for the network. The period in question was June 1 to July 31, 2017.

• In a particularly noxious abuse of the government’s power, The New York Times reported several days ago that the Justice Department had subpoenaed Google for the email records of four Times reporters — and that, though the inquiry had begun under former President Donald Trump, it continued under Biden. As recently as March, the Justice Department obtained a gag order prohibiting Google from informing the Times. That order was later amended so that a few top officials at the Times could be told, but not executive editor Dean Baquet.

“It is urgent that we hear from the attorney general about all three Trump-era records seizures, including the purported reasoning behind them and the rationale for not notifying the journalists in advance,” said Bruce Brown, executive director of the Reporters Committee for Freedom of the Press, in a statement released last week. “The goal must be to ensure that such abuses never occur again.”

Compounding the problem is the widely misunderstood belief that government officials are violating the First Amendment. For instance, on CNN’s “Reliable Sources” this past Sunday, Adam Goldman, one of the four Times reporters targeted in the Google probe, said, “The U.S. attorney’s office in D.C. has a history of trampling on the First Amendment, so that’s why I wasn’t surprised. They treat the media, they treat newspapers like drug gangs.”

In fact, over the past century the Supreme Court has interpreted the First Amendment in such a way that the protections for news gathering are exceedingly weak.

Protections for publication and broadcast are strong, which is why the press has been able to report on secret stolen documents — from the Pentagon Papers to the Snowden files — with few concerns about facing prosecution.

But the court has ruled that journalists have no constitutional right to protect their anonymous sources. And with regard to the current string of spying revelations, the court has held repeatedly that journalists enjoy no special rights that would not be available to ordinary citizens.

President Biden recently pledged to end the practice of seizing reporters’ records, saying the practice is “simply, simply wrong.” Some observers questioned whether he actually meant it, since he’d be breaking not just with Trump’s abuses but with longstanding practice. That, in turn, led press secretary Jen Psaki to assure journalists that Biden planned to follow through on his pledge.

But what a president does, a future president can undo. To guarantee that the press will be able to perform its watchdog role, we need a federal shield law so that reporters won’t be compelled to reveal their confidential sources. Such protections — either by law or by court decision — are already in place in 49 states, with the sole exception being Wyoming.

We also need legislation that prevents the government from secretly spying on journalists’ online activities — and on readers’ activities as well.

No doubt opponents will insist that the government needs to be able to spy in order to keep us safe. But the Post, CNN and Times cases appear to involve the Trump administration’s politically motivated attempts to learn more about the origins of the Russia probe, including the activities of former FBI Director James Comey. The USA Today case did involve a much more serious matter. But after dropping its demands, the FBI told the BBC that “intervening investigative developments” made the information unnecessary.

Which is nearly always the case. Rarely does the government’s desire to interfere with the press’ role involve a situation that’s literally a matter of life or death. And the law can accommodate those rare instances.

In general, though, the government should go about its business without compromising the independence or freedom of the press.

The future of cable news will be smaller, but still obsessed with ratings

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On May 13, 2021

In Media

Photo (cc) 2006 by Ayush

The golden age of cable news, in my curmudgeonly view, stretched from 1980, when CNN was founded, to 1996, when Fox News and MSNBC came along, ending CNN’s monopoly.

It’s not that I like monopolies. Competition is good. But after the one became three, the race to the bottom was on, with all of them going with opinionated talk shows in prime time rather than covering the news. It almost doesn’t matter that CNN and MSNBC are liberal and relatively grounded in the truth while Fox is firmly a part of the conspiratorial extreme right. The point is that if it’s news you want rather than hot takes, you need to turn elsewhere.

But if the golden age has long since passed, the green age only started to fade recently. From 2015 through Jan. 6, 2021, all things Trump drove cable news ratings and revenues into the stratosphere. So what’s next for cable news in the post-Trump era? As I wrote in March, the future looks uncertain, with cable news ratings — and, in fact, audiences for all news organizations — down considerably. When the news is more or less normal and inspires something other than horror and perverse fascination, well, maybe “Beat Bobby Flay” looks like a better alternative.

Earlier this week, Vanity Fair published a lengthy article on the state of cable news by media reporter Joe Pompeo. It’s filled with interesting details and insights. What’s depressing about it, though, is that there isn’t a single executive who’s quoted, either on the record or anonymously, who talks about how moving the focus away from Trump might give them an opportunity to serve journalism and democracy better than they do now. It was all about ratings before. It still is.

Pompeo quotes Rich Greenfield, a media analyst with LightShed Partners, on what the future is likely to hold:

It honestly feels like we’re back to the run-up to the 2016  election, like we’re going back in time five years to when cable news was really about old people. The volatility, the anger, the hatred that was spewed across cable news over the last few years, from both sides, clearly brought an audience. I would feel very comfortable  saying I don’t think we’ll ever see sustained full-year ratings like we’ve just seen.

OK, so maybe that’s how cable news will serve democracy: by reaching smaller audiences.

At the beginning of 2019, I wrote a column headlined “Five Ways to De-Trumpify Your Life.” No. 4: Stop watching cable news. There are many superior sources of news and information. If there’s major breaking news taking place, sure, I’ll tune in to CNN. If Anderson Cooper is at the anchor desk, I might even stick around.

But the class of the television news universe is the “PBS NewsHour,” which has improved and toughened up considerably over the past few years. We record it every night; we rarely watch the whole thing, but we appreciate the intelligence and context, which you just can’t get elsewhere.

And yes, I’ll watch Rachel Maddow occasionally, too. She’s smart and well-informed, and her politics are pretty much the same as mine. But it’s entertainment as much as it is news, and what’s important isn’t always entertaining.

As described by Pompeo, it sounds like cable news is going to be the same as it ever was, only with fewer viewers. It’s a lost opportunity. But what did we expect?

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Words are inadequate to describe the ongoing police assault on Black lives

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On April 13, 2021

In Media, News

The must-see video clip from Monday night’s protests in Brooklyn Center, Minnesota, features CNN reporter Sara Sidner. Though she makes the interview about herself to an uncomfortable degree, there’s also some real power in hearing her unnamed interview subject describe what’s going on in plain and profane language.

Tom Jones of Poynter put it this way:

The language was R-rated, and yet credit CNN for staying with the interview. Most networks would have dumped out after someone started repeating expletives, but CNN wisely hung in there because it felt as if the man had something important to say. Sidner did a good job keeping the interview going and allowing the man to say what he wanted to say.

If you back up and try to look at the big picture, it’s so overwhelming that words are inadequate. The protests were in response to the police killing of Daunte Wright, a 20-year-old Black man whose car had been pulled over, reportedly because the license tags had expired. There was a struggle after police discovered a warrant for Wright’s arrest and they tried to take him into custody. One officer, Kim Potter, fatally shot Wright because, we are told, she meant to use her Taser and pulled her gun by mistake — an excuse that clearly needs thorough investigation.

All of this was playing out as the murder trial of Derek Chauvin, the ex-police offer who killed George Floyd, was taking place nearby, and against a backdrop of Black men (and a few women) being killed or harassed by police officers. Among them: National Guard officer and war veteran Isiah Jones, who was assaulted by police in Virginia last year as he was politely asking why he had been pulled over. Video of that encounter recent went viral.

The arrest of CNN journalists was shocking, but less unusual than you might think

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On May 29, 2020

In First Amendment, Media

The arrest and brief detention of a CNN crew on live television in Minneapolis early this morning was a stunning blow to the First Amendment. They were literally handcuffed and led away for doing their jobs in reporting on protests over the killing of George Floyd, a Black man, by a white police officer.

As the video reveals, the journalists were respectful, and correspondent Omar Jimenez clearly identified himself as a reporter. He told the state police officers several times that he and his crew would move wherever they were told.

That said, what happened to Jimenez and his colleagues was more common than you might realize — and more common than it should be. Last year, we bestowed a New England Muzzle Award upon Police Chief Armando Perez of Bridgeport, Connecticut for arresting and detaining Tara O’Neill, a reporter for Hearst Connecticut Media, during a Black Lives Matter protest.

“This is a public sidewalk and I’m the press,” O’Neill later recalled telling the officer who arrested her, according to media reports. “He said, ‘OK,’ and cuffed me.”

As with this morning’s Minneapolis arrests, the misconduct by police enabled them to operate without being watched by O’Neill and her pesky smartphone. Nevertheless, she was able to film her own arrest:

 

In a better-known case, Washington Post reporter Wesley Lowery and Huffington Post reporter Ryan Reilly were arrested at a McDonald’s in Ferguson, Missouri, during the demonstrations in 2014 over the killing of Michael Brown, a young African American man, by a white police officer.

Before that, Josh Stearns, now director of the Public Square Program at the Democracy Fund, put together a massive compilation of social-media posts documenting the arrest of journalists at Occupy protests around the country. (Here is a very small slice of what was going on from the Committee to Protect Journalists.) Storify, a tool for aggregating social media, recognized Stearns’ efforts with a “Storify of the Year” award.

Unfortunately, Storify later shut down, taking much of Stearns’ work with it.

Update. Stearns has posted a Twitter thread offering more background.

 

Update II. Noting that Jimenez is Black and Latino. A white CNN reporter standing nearby was not arrested.

 

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Pundits wonder if Warren’s good night may have come too late

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On January 15, 2020

In Media, Politics

Elizabeth Warren in April 2019. Photo (cc) by Gage Skidmore.

Previously published at WGBHNews.org.

Elizabeth Warren rose above her dispute with Bernie Sanders over who said what and offered a powerful argument about gender and politics at Tuesday’s Democratic presidential debate. But it might be too late to matter.

That, at least, appears to be the consensus in my quick scan of political punditry following the final candidates’ forum before the Iowa caucuses on Feb. 3.

The debate probably didn’t shift many votes. As Nate Silver put it at FiveThirtyEight, “it wasn’t a game-changer,” saying that even though Warren won on substance, Joe Biden may have been the overall winner because his front-runner status wasn’t challenged. But for Warren fans who’ve been disheartened by her slide in the polls since last fall, Tuesday was a good moment.

The question of who was telling the truth regarding Warren’s claim that Sanders had told her a woman couldn’t be elected president was left unresolved, and in a particularly unsatisfying manner — which I’ll get to in a bit. First, though, here’s how Warren moved past the he-said/she-said issue.

“So can a woman beat Donald Trump?” asked Warren (transcript). “Look at the men on this stage. Collectively, they have lost 10 elections. The only people on this stage who have won every single election that they’ve been in are the women. The only person on this stage who has beaten an incumbent Republican anytime in the past 30 years is me, and here’s what I know. The real danger that we face as Democrats is picking a candidate who can’t pull our party together or someone who takes for granted big parts of the Democratic constituency.”

Amy Klobuchar chimed in effectively, saying that “every single person that I have beaten, my Republican opponents, have gotten out of politics for good” — although she did have a hold-your-breath moment when she couldn’t summon up the name of Kansas Gov. Laura Kelly.

Warren, by citing her gender as a political strength, Emma Green wrote at The Atlantic, “managed to move the conversation to a new level — past any disagreement with Sanders, past a referendum on what happened to Clinton in 2016, past a debate over how sexist America really is.”

Eugene Robinson of The Washington Post called it “the best line of the night.” Frank Bruni of The New York Times said that Warren and Klobuchar “turned the stubborn, sexist notion that their presence and presidential ambitions were exotic on its head, citing yardsticks by which they were demonstrably superior to their male rivals.” And James Pindell of The Boston Globe pulled up the significant fact that 57% of Iowa caucus-goers are expected to be women.

Now, about the actual exchange between Warren and Sanders, who are vying to emerge as the leading progressive in the race. There is a school of thought, especially among those who support one or the other, that the matter of whether Sanders said what Warren claims is of little account, and that we should move on.

Is it the most pressing issue in the race? Of course not. But Sanders and Warren are each accusing the other of lying, and that’s not nothing. Yet moderator Abby Phillip of CNN bizarrely cut short their exchange and endorsed the idea that it’s Sanders who’s lying and Warren who’s telling the truth.

“So Senator Sanders, I do want to be clear here,” Phillip said after Sanders’ initial denial. “You’re saying that you never told Senator Warren that a woman could not win the election?”

Sanders: “That is correct.”

Phillip: “Senator Warren, what did you think when Senator Sanders told you a woman could not win the election?”

What? I honestly couldn’t tell whether Phillip’s question to Warren was her snarky way of labeling Sanders as a liar or if she was just robotically reading the script. Either way, it was the low moment of the debate. “It was tantamount to calling Sanders a liar,” wrote Tom Jones of Poynter Online. As Jim Geraghty put it at National Review: “The right question in that situation was, ‘Senator Warren, did Senator Sanders just lie?’”

At The Bulwark, Jonathan V. Last saw Phillip’s performance as part of the media’s determination to give Warren a pass on what he argues is her lack of honesty about matters such as her claimed Native American heritage and whether she was fired from a teaching job because she was pregnant.

“CNN has two candidates calling each other plain liars about a factual matter on a story that CNN broke. Yet they didn’t follow up by pressing the candidates to get to the bottom of who was lying on their stage,” Last wrote, adding: “Are you sensing a pattern? It sure looks as if Warren has a habit of making up claims of victimhood to advance her interests. And no debate moderator has pushed her on it.”

Debate moderators have a tough job, of course, but I thought the Tuesday crew fell short in a number of ways. CNN’s Wolf Blitzer started off by essentially demanding to know whether the candidates were tough enough to be commander-in-chief given that the United States and Iran are “on the brink of war.” Blitzer offered no acknowledgment that the crisis was precipitated by President Trump’s reckless actions, backed up by apparently false claims. The question really should have been about judgment rather than toughness — which, in fact, is how the candidates answered it.

Moreover, we didn’t hear a peep from the moderators about the trillions of dollars that have been spent on the endless wars the U.S. has been fighting since 2001 (or 1992, if you prefer), or the cost of the tax cut for the wealthy ($2.3 trillion over 10 years, according to Politico) that still stands as Trump’s sole legislative accomplishment.

Yet when it came time to ask Sanders about the cost of his Medicare for All plan, Phillip didn’t hesitate to put it this way: “How would you keep your plans from bankrupting the country?”

The third moderator, 31-year-old Brianne Pfannenstiel of the Des Moines Register, did a respectable job. Maybe in the future all debate moderators should come from local news organizations.

Three weeks from now, some ballots are finally going to be cast. The contest feels thoroughly nationalized, and the debates are a large part of the reason. Will organizational strength matter? It might, especially in Iowa, where caucus-goers are required to sit for hours and where second and third choices sometimes matter. And then it’s on to New Hampshire.

This is no way to pick a president. For now, though, it’s all we’ve got.

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Van Jones should acknowledge that he was wrong about Clinton and Gabbard

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On October 19, 2019

In Media, Politics

Tulsi Gabbard earlier this year. Photo (cc) by Marc Nozell.

Van Jones is ripping Hillary Clinton for suggesting that Russian interests are seeking to use Tulsi Gabbard’s fringe presidential campaign to divide Democrats and help President Trump get re-elected. Here’s what Jones said on CNN:

If you’re concerned about disinformation … that is what just happened, just throw out some information, disinformation, smear somebody. She is Hillary Clinton. She’s a legend. She’s going to be in the history books, she’s a former nominee of our party, and she just came out against a sitting U.S. congresswoman, a decorated war veteran, and somebody who’s running for the nomination of our party with a complete smear and no facts.

In fact, there was nothing novel about Clinton’s contention. NBC News reported on Russian interest in Gabbard’s candidacy last February (via Sue O’Connell) in a detailed investigative report that begins:

The Russian propaganda machine that tried to influence the 2016 U.S. election is now promoting the presidential aspirations of a controversial Hawaii Democrat who earlier this month declared her intention to run for president in 2020.

An NBC News analysis of the main English-language news sites employed by Russia in its 2016 election meddling shows Rep. Tulsi Gabbard of Hawaii, who is set to make her formal announcement Saturday, has become a favorite of the sites Moscow used when it interfered in 2016.

Now, I realize that CNN talking heads are required to speak many words, and sometimes things go haywire. But for Jones not to be aware of longstanding concerns about Gabbard and Russian propaganda is unacceptable.

Here is what Clinton said on David Plouffe’s podcast, in which she doesn’t name Gabbard but clearly points to her:

I think they [the Russians Republicans] have got their eye somebody who’s currently in the Democratic primary and are grooming her to be the third-party candidate. She’s a favorite of the Russians. They have a bunch of sites and bots and other ways of supporting her so far.

Clinton also said Jill Stein, who ran a third-party campaign in 2016, was a “Russian asset,” which is an uncontroversial assertion to anyone who paid attention. As with Gabbard, we can’t know what Stein was thinking, but it’s simply a fact that Stein’s candidacy was pushed by RT and other elements of Russian’s propaganda machine.

What Clinton said was the opposite of fake news, and Jones should acknowledge it. Then again, liberal commentators like Jones have a huge incentive to rip other liberals so they will be seen as “fair.” And the Clintons have been everyone’s favorite punching bag for such exercises for nearly 30 years.

Correction and update: Thanks to this Wall Street Journal story and Dylan Smith’s transcript of the Clinton-Plouffe exchange, we now know that Clinton said Gabbard was being groomed by the Republicans, not by the Russians, and that she did not call Gabbard a “Russian asset” (that was reserved solely for Stein). So Jones was even more unprepared and offbase than I originally thought.

Cable pundits agree: Tuesday was a big night for Klobuchar and Buttigieg. Will it matter?

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On October 16, 2019

In Media, Politics

Amy Klobuchar earlier this year. Photo (cc) by Gage Skidmore.

Previously published at WGBHNews.org.

Amy Klobuchar was having her moment. The Minnesota senator, an also-ran since entering the presidential race in the middle of a snowstorm last February, turned in her strongest debate performance Tuesday night. And now she was pressing her advantage, appearing on all three cable news outlets to repeat her message that Elizabeth Warren isn’t the only candidate with big ideas. Moderates can have them, too.

“There’s not just one idea out there. There are many,” she said on CNN. Klobuchar offered some pointed criticism of Warren as the night wore on, telling MSNBC’s Chris Hayes, “Her way or no way is how it feels every single time,” and Fox News’ Shannon Bream, “Your idea is not the only idea.”

Following Tuesday’s marathon Democratic debate, I spent an hour — 20 minutes each — with CNN, MSNBC and Fox News to get a feel for the instant take on what had just transpired. What I heard may or may not shape the conversation about the campaign in the days ahead. But the consensus was that Klobuchar and Pete Buttigieg had a good night — and that, given Joe Biden’s continued inability to take charge of the race, one of them may emerge as the moderate challenger to Warren and Bernie Sanders, the leading progressives.

“To the extent that they gain, it could be at Biden’s expense,” Democratic analyst David Axelrod said on CNN. Added his nonpartisan colleague Gloria Borger: “In some ways Buttigieg explains Biden better than Biden explains Biden.”

On MSNBC, the message was the same, with Washington Post political reporter Robert Costa saying there was “a real impression tonight about Mayor Buttigieg trying to compete for that Biden vote.”

On Fox News, Bret Baier showed some clips of Biden’s “word salad” performance and said, “Joe Biden did not have a good night.” If Biden continues to fade, Baier added, Democrats will want to have the option of a moderate like Klobuchar or Buttigieg to go up against Warren or Sanders — who, Baier said (this was Fox, after all), are part of “the progressive far left.”

The big question is whether these predictions of a Klobuchar and/or Buttigieg breakout will become reality, or if they’re wishful thinking. Klobuchar may not even qualify for the next debate. The media thrive on conflict and a simple story line. In the most recent polls, Warren and Biden have established themselves as the front-runners, with Sanders not too far behind. A Biden-versus-Warren race satisfies the media’s desire for a clash between an establishment moderate trying to hang on against an insurgent progressive — but not if Biden can’t hold up his end.

Thus, Tuesday was the best opportunity for the second-tier candidates to emerge, with Klobuchar and Buttigieg making the most of it.

Buttigieg, oddly enough, had his best moment during the debate by going after Beto O’Rourke, who has been a non-factor in the campaign. O’Rourke is pushing a mandatory gun buyback plan that Buttigieg has called unworkable as well as a distraction from more modest measures that might actually get passed.

“Let’s … lead and not be limited by the polls and consultants and focus groups,” O’Rourke told Buttigieg during the debate — which brought a withering retort from Buttigieg.

“I don’t need lessons from you on courage, political or personal,” Buttigieg said, a response that, among other things, was a not-so-subtle reminder of his military service.

During a post-debate appearance on CNN, Chris Cuomo tried to get Buttigieg to expand on his criticism of O’Rourke, but Buttigieg wasn’t going there. Instead, he stuck with his talking points that he is “the best positioned to beat Donald Trump,” and that Democrats win when they embrace generational change.

Klobuchar, on the other hand, was only too happy in her post-debate interviews to keep bashing Warren, for whom she has “a lot of respect.” (But of course!) In her interview with Chris Hayes, Klobuchar cast her own proposals to add a public option to the Affordable Care Act and rein in the pharmaceutical industry as ideas as worthy of discussion as Warren’s embrace of Medicare For All — and, ultimately, more practical. Of Warren’s oft-repeated contention that the moderates aren’t willing to fight, Klobuchar added, “I’ve really had it with that.”

Next it was on to Fox News, where Klobuchar repeated her criticisms in an interview with Shannon Bream. Klobuchar also made a pitch for right-leaning Fox News viewers who would presumably be out of reach for her more progressive adversary.

“There are a lot of moderate Republicans who agree with me,” she said, “and a lot of independents, and even some conservative Republicans.”

Thankfully, Klobuchar left out the right-wing conspiracy theorists who watch Fox’s prime-time lineup every night.

My own take? Warren was not perfect, but she was basically OK. The media are throwing a fit, not because she won’t answer their question about the tax increases that would be needed to pay for Medicare For All, but because she refuses to accept their framing. She’s answered the question: Medicare For All would result in lower overall costs for the middle class. She might be wrong, but you can’t call that an evasion.

Biden was so-so, showing some emotion over the false smears the Trump camp has directed at him and his son Hunter over Hunter’s business interests in Ukraine and China. Biden’s yelling at Warren and waving his hand in her face was, uh, interesting.

And Sanders, two weeks after suffering a heart attack, turned in maybe his best debate performance — making his points with his usual gusto, but also showing a warm and funny side, especially when Cory Booker noted that Sanders is in favor of medical marijuana.

“I’m not on it tonight,” Sanders responded.

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Zap! Pow! The debates need to move beyond conflict, time limits and fringe candidates

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On August 1, 2019

In Media, Politics

The good old days: Abraham Lincoln debates Stephen Douglas in 1858.

Previously published at WGBHNews.org.

Here we go again.

Four years ago the media gave an enormous boost to Donald Trump by making him the star of their multi-candidate Republican presidential debates. Despite his racist demagoguery and his utter lack of qualifications, Trump was moved to center stage and allowed to talk longer than anyone else because of his poll numbers and his salutary effect on TV ratings.

This time, at least, the Democratic candidates getting the center-stage treatment are reasonably plausible future presidents. But during CNN’s two-night extravaganza this week, and at the NBC debates last month, the same flaws were on display: an emphasis on combat over substance, a ridiculous adherence to time limits (at least NBC let Kamala Harris and Joe Biden go at it), and the elevation of fringe candidates who really have no business being there.

As the historian Kevin Kruse put it:

Although the moderators could have done a better job (I’ll get to that in a bit), the format itself is the real problem. CNN deserves credit for holding one-hour, one-candidate town halls with many of the contenders earlier this year. But how many viewers can make that sort of time commitment? The debates are what truly matter, and they are broken.

One alternative would be to schedule six hours of prime time over three nights for 15-minute interviews. You could actually accommodate all 24 candidates, and it would be a vast improvement over 15-second responses. Another idea comes from my former Northeastern colleague Alan Schroeder, an expert on presidential debates: bring in groups of two or three candidates for 15-minute rounds and have an open discussion. “The point is,” he said on Twitter, “there are much better ways to distribute the precious airtime.”

Even within the ridiculous constraints of the multi-candidate format, though, the moderators could have done better. In the first round, Chuck Todd took a lot of well-deserved heat with his demand for one-word answers to complicated policy questions (grunt once for “yes,” twice for “no”). This time, critics have targeted Jake Tapper for tossing undiluted Republican talking points at the Democrats and for all but encouraging the candidates to verbally assault each other. Tom Jones, who writes the newly renamed Poynter Report (and who, oddly enough, is a fan of Todd’s moderating style), described it this way:

“Tapper’s moderating strategy appeared to be nothing more than antagonizing the candidates into disagreeing with one another. Many of his questions were a version of, ‘Why is (such-and-such candidate) wrong?’

“That’s different than the approaches of fellow moderators Dana Bash and Don Lemon. Bash was the star of the night, asking candidates to state and defend their policy ideas — which is the point of a debate when voters are still trying to figure out who everyone is and who they might support. Lemon, meanwhile, started many of his questions with a very solid, ‘Tell us why you’re the best candidate to …’

“It’s not Tapper’s job to make the candidates look good or bad, but the leaders of the Democratic party could not have been happy that the tone of the debate was so nasty and that nastiness was often a direct result of Tapper’s questions.”

Or as the pollster Matt McDermott put it (via The Washington Post): “Imagine CNN asking in a Republican debate: ‘Democrats want to ensure health care for all Americans. You want to kill people. Care to respond?’”

So who won? I have no novel observations. Like just about everyone, I thought Elizabeth Warren was the week’s clear winner on both substance and style. They say you shouldn’t punch down, but her evisceration of some guy named John Delaney was one for the ages. Biden was OK, and much better than he was in June, even though he screwed a few things up and is already getting roasted for being disingenuous about his past and for not knowing the difference between a website and a text message. He was energetic, fought back, and launched a few attacks of his own. If Biden is going to drop in the polls, I’d say it won’t be quite yet.

Harris, who strikes many people (including me) as uniquely positioned to unite the progressive and moderate wings of the party, took a big step back from her breakthrough moment during the first round of debates. She blew it in several ways, including substance: she seemed utterly incapable of explaining her new health-care proposal coherently. That was a lost opportunity given the reservations people have over a pure single-payer Medicare for All plan on the one hand and the reluctance to simply nibble at the edges of Obamacare on the other.

Pete Buttigieg, Julián Castro, and especially Cory Booker all did well and probably deserve one more shot. But honestly, at this point it’s hard to imagine that the nominee will be anyone other than one of the frontrunners — Biden, Warren, Harris, and Bernie Sanders. We deserve to hear from the four of them directly. The others can be relegated to undercards and other events.

What do the media owe us in televised debates? Substance, focus, and seriousness of purpose. It’s a cliché, of course, to say that this is the most important election of our lifetime. But the stakes may be nothing less than a recommitment to democracy versus a continued slide into authoritarianism.

Grunt once if you agree, twice if you disagree.

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