Fish in a barrel: Berliner’s case against NPR is based on false and out-of-context facts

Robert Mueller. Photo (cc) 2012 by the White House.

Nearly 40 years ago I heard a lawyer tell a jury something in court that has stuck with me: If there’s a rotten fish floating around the top of the barrel, you’re under no obligation to reach in to see if there’s something better underneath. He was more eloquent (if no less graphic) than I, but you get the idea. If someone bolsters their argument with false or distorted facts, then you should feel free to disregard their larger point.

That’s why I want to return one more time to NPR senior business editor Uri Berliner’s long essay in The Free Press about what he regards as his employer’s move to the fringe left. Mainly he seems to be worked up about diversity workshops and a change in NPR’s audience from one that was more or less balanced ideologically to one that is overwhelmingly liberal and progressive — which, as I wrote earlier this week, is more a consequence of the great national sorting-out than of anything NPR itself has done.

But there were also three factual assertions he made. One is flat-out false; one is devoid of crucial context; and one is questionable. So here we go.

False. Berliner writes that special counsel Robert Mueller found “no credible evidence” that Donald Trump had engaged in collusion with Russia, writing, “Russiagate quietly faded from our programming.”

Berliner has essentially adopted then-Attorney General Bill Barr’s gloss of the Mueller report, which itself was false. When the full report came out, and when Mueller himself finally testified before a congressional committee, we learned that the truth was more complicated. First, “collusion” is not a legal concept. Second, there was massive evidence of ties between Russia and the Trump campaign. Third, there was evidence that Trump had obstructed justice and had attempted to obstruct justice only to be stopped by those around him.

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“In his report, Mueller said his team declined to make a prosecutorial judgment on whether to charge Trump, partly because of a Justice Department legal opinion that said sitting presidents shouldn’t be indicted,” according to this detailed fact-check by The Associated Press, headlined “Trump falsely claims Mueller exonerated him.” The AP added that Mueller “deliberately drew no conclusions about whether he collected sufficient evidence to charge Trump with a crime. He merely said that if prosecutors want to charge Trump once he is out of office, they would have that ability because obstacles to indicting a sitting president would be gone.”

Lacking crucial context. Berliner blasts NPR for failing to report on Hunter Biden’s laptop in the waning days of the 2020 campaign and for failing to come clean when it was later found to be genuine, writing: “The laptop did belong to Hunter Biden. Its contents revealed his connection to the corrupt world of multimillion-dollar influence peddling and its possible implications for his father.”

As proof, Berliner links to a Washington Post story that was published in March 2022 — that is, a year and a half after the New York Post published its initial story. That’s how long it took for The Washington to verify at least part of the hard drive’s content as genuine. The story notes: “The vast majority of the data — and most of the nearly 129,000 emails it contained — could not be verified by either of the two security experts who reviewed the data for The Post.” There’s also this:

Some other emails on the drive that have been the foundation for previous news reports could not be verified because the messages lacked verifiable cryptographic signatures. One such email was widely described as referring to Joe Biden as “the big guy” and suggesting the elder Biden would receive a cut of a business deal. One of the recipients of that email has vouched publicly for its authenticity but President Biden has denied being involved in any business arrangements.

In other words, The Washington Post was not able to find a single verified email tying President Biden to his son’s business dealings, leaving anything beyond that to the he-said/he-said that we already knew about.

In addition, Berliner makes it sounded like NPR was unique in holding back on the laptop story in October 2020. But as The New York Times reported, even the New York Post — which, after all, is part of Rupert Murdoch’s media empire — had trouble getting it out there. The reporter who wrote most of it refused to let the paper put his byline on it “because he had concerns over the article’s credibility.” Another staff member whose byline did appear did little work on the story and didn’t realize her name would be on it until after it was published.

Even worse, Fox News, Murdoch’s 800-pound gorilla, reportedly took a pass on it, according to Mediaite, because the Trump operative who brought it to them, Rudy Giuliani, could not provide “sourcing and veracity” for the emails.

Contrary to Berliner’s complaint, the restraint that NPR showed was no different from that of any other news organization — including Fox News. No more than a small portion of the emails on hard drive have ever been verified, and none of those emails suggest any wrongdoing on the part of President Biden.

• Questionable. Berliner takes NPR to task for accepting without reservation the theory that COVID-19’s origins were most likely from a wild animal market in Wuhan, China, rather than from a leak at a nearby lab, complaining that “politics were blotting out the curiosity and independence that ought to have been driving our work.”

Admittedly, this complaint by Berliner is more legitimate than his other two examples. More than four years after the virus was discovered, we still don’t fully understand its origins, and it’s a fact that the story got caught up in our toxic political environment. As I wrote for GBH News in June 2021, the media — in their haste to dismiss a right-wing conspiracy theory that COVID was created as part of a Chinese bioweapons program — leaned too hard in the other direction, rejecting any possibility that COVID had come from anywhere other than the Wuhan market.

That said, deep dives by the media over the past several years have turned up nothing definitive, and it still seems more likely than not that COVID sprang up from the market rather than from a lab experiment gone awry. Once again, I think Berliner is being too hard on his employer.

Which appears to be the point. By going public with his complaints about the culture inside NPR, Berliner may have accomplished the impossible: He’s made it so that his continued tenure at NPR is untenable while at the same time rendering himself unfirable. I detect a resignation and a fat contract with Fox News in Berliner’s immediate future.

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Hur lied

Special counsel Robert Hur. Photo (cc) 2021 by Maryland GovPics.

I’m not sure how else we can characterize what happened. Special counsel Robert Hur all but called President Biden senile recently in describing him as “a well-meaning, elderly man with a poor memory.” Hur declined to recommend charges against Biden for keeping classified information in his possession, essentially arguing that it would be cruel to do that to an 81-year-old man in the early stages of dementia. And, of course, the media fell for it.

Now we know that Hur’s report grossly mischaracterized the reality, revealed in the transcripts of Biden’s deposition with prosectors. CNN media reporter Oliver Darcy has a good roundup of the media mea culpas, writing:

The acknowledgement from some, but not all, news outlets on Tuesday about the true nature of Biden’s deposition marked another embarrassing moment for the national press, which has floundered at pivotal moments in the lead up to the crucial 2024 presidential election.

The deposition transcripts not only indicated that Biden appeared fairly sharp during his testimony, joking with investigators and retelling stories with granular detail, but that Hur was misleading in how he presented some of the information included in his report.

It’s like a rerun in reverse from 2019, when then-Attorney General Bill Barr put out a summary of special counsel Robert Mueller’s investigation into the Trump campaign’s Russia ties that falsely declared Donald Trump had not obstructed justice. It became clear that’s not what Mueller was saying once his full report came out, but truth, boots, etc.

I especially enjoyed this account of Biden’s deposition, from Charlie Savage’s report Tuesday in The New York Times:

“I don’t remember how a beat-up box got in the garage,” he [Biden] said, speculating that someone packing up must have just tossed stuff into it. He added that he had “no goddamn idea” what was in a tranche of files shipped to his house and “didn’t even bother to go through them.”

Who among us?

Now, it has to be said that it was Attorney General Merrick Garland who named Hur, a one-time Trump appointee, as the special counsel. Given Hur’s predictably mendacious performance, I’d say that chances of Garland’s serving in a second Biden administration, should there be one, are nil. And they should be.

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What, if anything, went wrong with Nina Totenberg’s story on SCOTUS and masks?

Nina Totenberg. Photo (cc) 2012 by the Asia Society.

It’s impossible to know what, if anything, went wrong with Nina Totenberg’s story about a mask dispute between Supreme Court Justices Sonia Sotomayor and Neil Gorsuch without also knowing the details of Totenberg’s interactions with her unnamed sources — or source.

But it has the hallmarks of a situation in which the justices, joined by Chief Justice John Roberts, jumped on a small wording problem in order to back away from a controversy they regretted. Totenberg, NPR’s veteran legal affairs reporter, was the collateral damage.

It began with a report last Tuesday morning in which Totenberg noted that, since the rise of omicron, all of the justices had been wearing masks to hearings — all, that is, except Gorsuch. Sotomayor, who has diabetes and who normally sits next to Gorsuch, had been appearing remotely from her office.

Roberts, Totenberg reported, had “in some form asked the other justices to mask up,” and only Gorsuch had failed to comply.

The next day came this, also under Totenberg’s byline:

On Wednesday, Sotomayor and Gorsuch issued a statement saying that she did not ask him to wear a mask. NPR’s report did not say that she did. Then, the chief justice issued a statement saying he “did not request Justice Gorsuch or any other justice to wear a mask on the bench.” The NPR report said the chief justice’s ask to the justices had come “in some form.”

NPR stands by its reporting.

So what did Roberts actually say? We don’t know. NPR’s ombudsman, Kelly McBride of the Poynter Institute, wrote that Totenberg remained confident she got it right but was hazy on exactly how Roberts indicated to the other justices that he wanted them to wear masks. “If I knew exactly how he communicated this I would say it,” Totenberg told  McBride. “Instead I said ‘in some form.’”

McBride’s conclusion was that Totenberg’s story was essentially accurate but that she shouldn’t have used the word “asked,” even modified by “in some form.” McBride also called for a “clarification,” but not a correction, to be appended to Totenberg’s story. Which in turn led Totenberg to tell The Daily Beast, “She [McBride] can write any goddamn thing she wants, whether or not I think it’s true. She’s not clarifying anything!”

The situation reminds me of the smackdown delivered by then-special counsel Robert Mueller in early 2019 after BuzzFeed News reported that former Trump lawyer Michael Cohen had told investigators that Donald Trump had “directed” him to lie under oath before Congress about a Trump Tower deal in Moscow. Mueller had his spokesman characterize the story as “not accurate,” and the episode was seen as a serious blunder by BuzzFeed.

Lo and behold, several months later we learned that BuzzFeed had it right all along. If I may speculate, it looked to me like Mueller took advantage of a minor exaggeration in the story in order to denounce the whole thing at a moment when it looked like Trump might shut down the entire special counsel’s investigation. BuzzFeed was thrown under the bus, and the investigation was saved.

Totenberg’s story was the culmination of an eventful few weeks for Justice Sotomayor. On Jan. 8, Washington Post “Fact Check” columnist Glenn Kessler took her to task for saying during oral arguments, “We have over 100,000 children, which we’ve never had before, in serious condition and many on ventilators.” That number appeared to be 20 times higher than was actually the case. Kessler saw fit to assign her statement a “Four Pinocchios” rating, thus labeling what was almost certainly a spontaneous slip-up as a lie.

At around the same time, Politico’s “Playbook” newsletter ran a story and a photo showing a woman who was identified as Sotomayor sitting back-to at a restaurant with Democratic members of Congress. O, the hypocrisy! Except that it wasn’t Sotomayor — it was Senate Majority Leader Chuck Shumer’s wife, Iris Weinshall. “Our tipster got it wrong, but we should have double-checked,” Politico said in its correction. No kidding.

As for whether and how Chief Justice Roberts asked “in some form” that the justices mask up, we’ll probably never know precisely what transpired. But we do know this: Every justice has been wearing a mask to oral arguments except Gorsuch. And Sotomayor didn’t feel it was safe for her to attend.

The Trump campaign lost its libel suit because it really did collude with Russia

Michael Flynn. Photo (cc) 2016 by Gage Skidmore.

A New York state judge Tuesday tossed a libel suit filed by Donald Trump’s campaign against The New York Times. The suit claimed that a 2019 column by former executive editor Max Frankel was false and defamatory because Frankel wrote that the 2016 Trump campaign had colluded with Russian interests.

Two-thirds of Judge James d’Auguste’s ruling is not especially interesting. He ruled that the campaign lacked standing to bring such a suit, and that Trump would be unable to prove Frankel knew or strongly suspected that what he was writing was false — the “actual malice” standard that pertains to public officials and public figures.

So that leaves us with the third leg of d’Auguste’s decision — that Frankel was merely expressing his opinion, which is protected by the First Amendment. The standard was set in a U.S. Supreme Court case called Milkovich v. Lorain Journal Co., in which Chief Justice William Rehnquist ruled that labeling a piece of writing as “opinion” provides no protection if that piece contains assertions of fact that could be proven true or false.

The way Rehnquist explains it is that to say “In my opinion Mayor Jones is a liar” would be unprotected speech (that is, if Jones could prove he’s not a liar, he might be able to bring a successful libel suit) whereas “In my opinion Mayor Jones shows his abysmal ignorance by accepting the teachings of Marx and Lenin” would be considered pure opinion and thus beyond the reach of a libel suit.

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So what did Max Frankel do? If you read his commentary, you’ll see he looked at a number of public actions and statements by Trump and people close to him to show that they were toadying to Russian interests, and that not only did the Russians expect something in return, but that Trump and his allies moved in that direction both during and after the 2016 election. We all know this. We all watched it unfold in real time. (It’s important to note in this context that “collusion” is not a legal term anymore than “toadying” is. In other words, labeling such behavior as “collusion” is protected opinion as long as the underlying facts are accurately stated.)

Among other things, Frankel cites the infamous Trump Tower meeting as well as incoming national security adviser Michael Flynn’s lying to the FBI about his discussion with the Russian ambassador before the 2017 inauguration about the possible lifting of sanctions. Those actions led to criminal charges against Flynn, to which he pleaded guilty twice before Trump, as president, pardoned him in the final days of his administration. Frankel writes:

Candidate Trump made no secret of his intention to forge a warm relationship with the Kremlin. But pledges of sanctions relief and other specific moves while not yet in office were unseemly at best and clearly offensive to the American convention that we have only one president at a time. Mr. Flynn especially had to lie because though already in transition to power he was directly undermining Mr. Obama’s still active and punitive diplomacy against Mr. Putin.

Frankel didn’t libel Trump, not just because of the technicalities of defamation law, but because he wrote the truth. Trump might as well sue Robert Mueller while he’s at it.

Of course there was collusion

It happened in plain sight. This isn’t a criticism of special counsel Robert Mueller, whose report hasn’t been released and who may not have found any criminal offenses. But we can’t unsee what we all saw.

At Mother Jones, the indispensable David Corn walks us through it. He writes:

[William] Barr’s note is clear that Mueller did not uncover evidence Trump and his gang were in direct cahoots with Russia’s covert operation to interfere with the US election and boost Trump’s odds. But the hyper-focus on this sort of collusion — as if Trump instructed Russian hackers on how to penetrate the computer network of the Democratic National Committee — has always diverted attention from a basic and important element of the scandal that was proven long before Mueller drafted his final report: Trump and his lieutenants interacted with Russia while Putin was attacking the 2016 election and provided encouraging signals to the Kremlin as it sought to subvert American democracy. They aided and abetted Moscow’s attempt to cover up its assault on the United States (which aimed to help Trump win the White House). And they lied about all this.

Read the whole thing.

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Making sense of the BuzzFeed bombshell — and what, if anything, went wrong

Previously published at WGBHNews.org.

BuzzFeed News reports that “two federal law enforcement officials” have seen evidence that President Trump “directed” his former lawyer Michael Cohen to lie under oath when he testified before Congress about a Trump Tower project in Moscow. Special counsel Robert Mueller takes the unusual step of having his spokesman denounce the story as “not accurate.” BuzzFeed’s reporters and their editor vociferously insist that they and their unnamed sources are standing behind their account.

Within 24 hours last week, what looked like a serious threat to the Trump presidency had collapsed into one big honking mess. Nor does it appear that we’re any closer to resolution. A number of media observers have pointed out that no other news organization has been able to confirm BuzzFeed’s reporting. That’s significant, of course. But no one has been able to knock it down, either.

So what is going on? Let me offer a speculative answer, based on the belief that Mueller’s office, BuzzFeed’s journalists, and their sources are all trying their best to tell the truth: everyone is right. BuzzFeed’s story is essentially accurate, but is flawed in some important way that hasn’t been explained. Mueller, worried that Trump might blow up the investigation, took advantage of those flaws to discredit the entire story. If that was Mueller’s intention, it worked, as Trump praised him after the statement was released.

In the past few days we’ve heard much about the famous mistake that Bob Woodward and Carl Bernstein made when they were hammering away at the Watergate story for The Washington Post: They attributed an otherwise accurate account of corruption within the Nixon White House to grand jury testimony that did not exist. Their error was seen as so damaging that they offered their resignations.

“Look, reporters make mistakes. News organizations make mistakes. In Watergate, we made a mistake, a very serious mistake,” Bernstein said this past Sunday on CNN’s “Reliable Sources.” But, he continued, within days the Post was vindicated when it became clear that the information they had reported was true.

The parallels between BuzzFeed’s story and Woodward and Bernstein’s erroneous attribution, though, only go so far. I think a closer analogy involves James Comey’s testimony in June 2017 before the Senate Intelligence Committee shortly after Trump had fired him as FBI director. Comey was asked about a Times story that had been published four months earlier claiming that members of Trump’s campaign “had repeated contacts with senior Russian intelligence officials in the year before the election.” Comey replied that “in the main, it was not true.”

As with the BuzzFeed report, no details were offered as to what was wrong with the Times story. Here we are, more than a year and a half later, and we still don’t know what Comey was referring to. Was it the sourcing? The underlying facts? The Times article reporting on Comey’s complaint noted that there was considerable evidence of contacts between the Trump campaign and the Russian government even then. Today, of course, there is far more evidence, going all the way up to Trump’s extremely guilty campaign manager, Paul Manafort.

If we assume that the basic facts of BuzzFeed’s report are correct, then what might have gone wrong enough for Mueller to issue his extraordinary statement? Writing at Talking Points Memo, Josh Marshall speculated that the information came not from the special counsel’s office but, rather, from the U.S. attorney’s office for the Southern District of New York. The BuzzFeed story specifically cited the special counsel’s office, but Marshall pointed out that it’s not always clear who is doing what. “The SDNY is notoriously more porous to the press than the Special Counsel’s Office,” Marshall wrote. “So we have a kind of information that seems more likely to come out of New York and an office there that seems considerably more likely to leak.”

National security blogger Marcy Wheeler, while praising the BuzzFeed report in some respects, was also critical of it for making “an absurd claim that this is the first time we’ve heard that Trump told someone to lie.” She added: “The BuzzFeed story is important for the concrete details it adds to a story we already knew — and these reporters deserve a ton of kudos for consistently leading on this part of the story. But it has unnecessarily overhyped the uniqueness of Trump’s role in these lies, in a way that could have detrimental effect on the country’s ability to actually obtain some kind of justice for those lies.”

The journalists who worked on the BuzzFeed story are first-rate. Jason Leopold, despite some serious ethical lapses early in his career, is a dogged investigative reporter who was a finalist for a Pulitzer Prize in 2018. Anthony Cormier, whose byline also appeared on the story, won a Pulitzer for investigative reporting in 2016 when he was with the Tampa Bay Times. BuzzFeed News editor Ben Smith is well regarded.

And yet there was one obvious shortcoming. According to The Washington Post, BuzzFeed’s outreach to Mueller spokesman Peter Carr for comment before publication was unacceptably vague: “Importantly, the reporter made no reference to the special counsel’s office specifically or evidence that Mueller’s investigators had uncovered.” When the story was published a short while later, the Post continued, “it far exceeded Carr’s initial impression.”

If BuzzFeed failed to give the special counsel’s office fair notice of what was coming, that would help explain the controversy that broke out after they hit “publish.” But it still doesn’t tell us what, if anything, BuzzFeed got wrong — or whether we’ll ever know.

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The tainted BuzzFeed News blockbuster: Where do we go from here?

Last night on “Beat the Press” (above) we took on the BuzzFeed News blockbuster and talked about how much credence the media should give to a story that they hadn’t independently verified. Among other things, I said that BuzzFeed News has a good reputation and that it has owned the Trump Tower story. I’ll stand by that.

Then, a few hours later, the office of special counsel Robert Mueller denied the story, which claimed that President Trump had personally directed his former lawyer Michael Cohen to lie to Congress under oath about plans to build a Trump Tower in Moscow. The Washington Post’s account is brutal:

Inside the Justice Department, the statement was viewed as a huge step, and one that would have been taken only if the special counsel’s office viewed the story as almost entirely incorrect. The special counsel’s office seemed to be disputing every aspect of the story that addressed comments or evidence given to its investigators.

BuzzFeed News editor Ben Smith said that he stands behind the story.

So where do we go from here?

First, this reminds me of James Comey, shortly after he’d been fired as FBI director, testifying before the Senate Intelligence Committee and claiming that The New York Times had gotten an important Trump-Russia story wrong. Comey offered no specifics, and we still don’t know what he was referring to. Likewise, Mueller’s spokesman did not say what BuzzFeed News had gotten wrong — other than “every aspect,” as the Post suggests.

Second, there’s been some well-informed speculation by Josh Marshall (sub. req.) and others that BuzzFeed’s sources are in the U.S. attorney’s office for the Southern District of New York, not the special counsel’s office. National security blogger Marcy Wheeler believes that BuzzFeed “unnecessarily overhyped the uniqueness of Trump’s role in these lies,” and that Mueller issued his statement in order to take the temperature down and keep his investigation on track.

Third, BuzzFeed News does, in fact, have a good reputation. Smith is a fine editor. As you may have heard, one of the two reporters on the story, Jason Leopold, was caught in several ethical lapses earlier in his career, and it’s not unfair to take that into account. But there have been no reported problems since 2006, and in 2018 he was a finalist for a Pulitzer Prize. The other reporter, Anthony Cormier, won a Pulitzer in 2016 when he was at the Tampa Bay Times.

Smith, Leopold and Cormier knew what the stakes were before this story was published. I would imagine that even BuzzFeed chief executive Jonah Peretti was involved in the decision to hit “publish.” There may turn out to be some significant problems with the story. But unless we see evidence to the contrary, I think it’s likely that everyone involved satisfied themselves that they had the goods. Did they? I hope we’ll find out.

Sunday update: Trump’s lawyer-in-charge-of-digging-the-hole-deeper, Rudy Giuliani, weighs in:

And here’s BuzzFeed reporter Anthony Cormier refusing to back down:

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My evening with Rachel and Sean; or, how cable makes polarization worse

Photo (cc) via Torange.

Previously published at WGBHNews.org.

Rachel Maddow was excited. The host of cable news’ top-rated show could barely contain her glee Wednesday night over the news that President Trump’s first national security adviser, Michael Flynn, had proven to be such a cooperative witness that special counsel Robert Mueller was recommending no jail time.

“Another few shoes are going to drop soon,” she told her viewers. She also pondered the mystery of why Trump never says anything critical about Flynn. “Not a peep about Mike Flynn since Flynn plead guilty and became a cooperator more than a year ago,” she said, adding, “There must be something else going on here. And, “The only other person he treats like this is freaking Putin!”

It was a different story on cable news’ second-highest-rated program. Sean Hannity was in full dudgeon over Mueller’s decision to go after Flynn for what Hannity called minor “process” crimes. Hannity instructed his viewers that Mueller had persecuted “a decorated military hero” for the sole purpose of building a phony case to drive Trump out of office.

“This is how desperate and how pathetic Robert Mueller is,” Hannity said, running through the reasons why Flynn might have decided to cooperate: finances ruined, his son facing possible jail time. “Is this,” Hannity asked, “what justice in America is supposed to look like to you?”

Welcome to the 2018 edition of the National Conversation. With the Mueller investigation on the verge of a possible denouement, I thought I’d spend Wednesday night watching “The Rachel Maddow Show” and “Hannity.” Hyper-polarization may be tearing us apart, but at the cable news outlets, it’s good for business. According to Adweek’s TVNewser, Maddow’s program on MSNBC this past Tuesday drew nearly 3.5 million viewers, more than anyone else on cable news in prime time (8 to 11 p.m.). Hannity, on Fox News, gathered just under 2.9 million.

And surely it’s no accident that that MSNBC, which leans left, and Fox, which has embraced the hard right, are dominating prime time while CNN brings up the rear. Though CNN, like MSNBC, is harshly critical of Trump and regularly draws the White House’s ire, the network has attempted to maintain at least some of its former image as a nonpartisan purveyor of actual news. MSNBC and Fox, bound by no such scruples, are free to toss bleeding chunks of raw meat to their aging viewers.

It should be noted that all three cable outlets employ actual journalists who do good work. It’s just that they are rarely seen during prime time, especially on MSNBC and Fox. Instead, the three networks offer a full line-up of talk shows, nine hours a night. And the queen and king of those talk shows are Maddow and Hannity, whose 9 p.m. programs have become appointment viewing for political partisans of the left and right.

Lest I be accused of false equivalence, let me make it clear that Maddow, for all her opinionating and speculating, helms a show that is grounded in facts. She’s smart, and you often learn something. Over at Fox, though, the Trump presidency has pushed Hannity and other hosts into an alternative universe of dark conspiracy-mongering in which the Mueller investigation is nothing but a corrupt attempt by the “deep state” to destroy a great president because of his willingness to stand up to the establishment.

Thus did Wednesday’s edition feature a conversation between Hannity and John Solomon, an investigative columnist with The Hill, who this week reported on an “email chain”purportedly showing that former FBI director James Comey and other officials had obtained a FISA warrant under false pretenses so that they could surveil Trump associate Carter Page. Inconveniently, Solomon admitted to Hannity that he hadn’t actually seen the emails, although they have been “described” to him. All right, then.

Hannity was apoplectic, calling Solomon’s story proof of a “conscious fraud upon the court” and saying it showed that Comey was trying to tilt the election toward Hillary Clinton — never mind Comey’s late hit on Clinton, when he reopened the investigation into her emails and found nothing, a move that may well have cost her the election.

The rest of Hannity’s hour was taken up with a visit from Newt Gingrich, who called the Mueller investigation “an anti-constitutional effort by the organized left” and who congratulated Fox News for being the only media outlet willing to tell the truth; an immigration “debate” with fellow Fox host Geraldo Rivera (Hannity and Rivera both support Trump’s wall, but Rivera, unlike Hannity, would do something for the Dreamers); and, believe it or not, an update on the war on Christmas, perhaps Fox News’ most enduring creation.

Maddow’s program was considerably less toxic than Hannity’s but not necessarily any more nutritious. Other than Flynn, her main interest was the fate of Maria Butina, an accused Russian operative who, we learned, stood up at a Trump event in 2015 and apparently became the first person ever to ask the then-candidate whether he would lift sanctions against Russia. (Trump responded that he’d strongly consider it.) Butina, Maddow observed, may be the link uniting Russian money, the Trump campaign, and the National Rifle Association.

Maddow was also visited briefly by the ubiquitous Democratic congressman Adam Schiff of California, who will soon become chairman of the House Intelligence Committee, and Alex Isenstadt of Politico, who broke the news earlier this week that a foreign government had hacked the email accounts of several top Republican campaign officials.

Significantly, neither Maddow nor Hannity spent much time on the funeral of George H.W. Bush, which has brought a sense of unity to much of the country even if praise for the one-term president has been somewhat overwrought. Maddow, at least, provided a respectful overview of the day’s events. Hannity’s main interest was to bring on New York Post columnist Michael Goodwin and former George W. Bush press secretary Ari Fleischer so they could whine that Democratic praise for the late president was just another way of trashing Trump.

Cable news has long been a wasted opportunity. So much airtime. So little news. Imagine how it might be different. How about at least one hour of prime time combining news and analysis without any partisan overlay? I’m thinking of something like Anderson Cooper’s CNN program, only with more actual journalism. Or the “PBS NewsHour” with a zippier pace and better production values.

But no. Instead we have ideological talk-show hosts exploiting the passions of their audience for ratings and profits. It’s a sorry state of affairs — but one that perfectly reflects our deep and seemingly unbridgeable divisions.

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