Department of Justice

Barton Lies Again, Says Obama Dropped The Ball On Child Pornography

David Barton never lets the facts get in the way of his promoting of right-wing view of history and political causes, no matter the issue. Today on his radio show WallBuilders Live with co-host Rick Green, the pseudo-historian claimed that under President Obama the Department of Justice stopped prosecuting cases of child pornography because the department has reduced its attention to obscenity. The de-emphasis on obscenity cases started well before the Obama Administration, as Religious Right groups even complained that the Bush Administration wasn’t prosecuting enough obscenity cases.

Barton told co-host Rick Green that the Justice Department has now “encouraged” licentiousness and that the department is turning a blind eye to people who “use underage kids on these movies.” But earlier this year the Associated Press reported that prosecutions for child pornography are rapidly increasing, and just since the beginning of this year the Justice Department announced convictions in at least 19 cases involving child pornography.

Barton: We’ve got laws against illegal pornography, and you can’t stop all pornography but even the liberals recognize that some pornography is over the top.

Green: I mean an easy one is child pornography.

Barton: Simple. And you’ve had this Administration in three years has not prosecuted a single what’s called ‘obscenity,’ which is hardcore pornography. Not a single case. Now what’s that tell all the pornographers and all the movie guys and all the internet guys what they can do?

Green: Do whatever you want now

Barton: Man, we can push the limits, we can get over the top, we can use underage kids on these movies, we can do snuff movies because they’re not prosecuting nothing. So what we got today is—

Green: They’ve basically given a license for licentiousness—

Barton: Exactly. They’ve encouraged it, and that’s what happened with the Justice Department.

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Mat Staver Claims that Obama’s “Radical” Support for Same-Sex Partner Benefits Led to “Tidal Wave Against Him”

Liberty University Law School Dean and Liberty Counsel Chairman Mat Staver joined David Barton and Rick Green on WallBuilders Live to denounce Obama and the Justice Department for failing to win cases on Defense Of Marriage Act (DOMA), which a federal judge in Boston ruled unconstitutional in July. Staver believes that Obama’s record of supporting gay rights undermined government action to effectively defend DOMA, and Staver went on to attack Obama for extending a number of health benefits to same-sex partners of eligible federal employees. According to Staver, Obama’s support for such benefits displays his “radical, liberal policies” that he believes voters overwhelmingly oppose and rejected in the midterm election:

He’s writing these executive orders as though that is able to change law, it’s not able to change law. What Obama’s trying to do is use a sleight of hand, an under the table kind of approach, to in fact change the law through these executive orders. He’s acting as though the law’s on his side, that it would include benefits for homosexuality and transsexuals and others. So he is forcing that through the system even though the laws are to the contrary. This is exactly what ultimately resulted in this tidal wave against him on Tuesday during the midterm elections, his radicalism and his forced agenda on the American people despite the fact that the people of America reject those radical, liberal policies.

However, Staver would have difficulties reconciling his argument with polling: a September poll conducted by the Associated Press shows that 58% of Americans agree that “couples of the same sex [should] be entitled to the same government benefits as married couples of the opposite sex,” and 52% even support federal recognition of same-sex marriages. Staver may be using Barton’s tremendously flawed reading on how opposition to same-sex marriage impacted the midterm election, while in reality “only 1%” of voters said “same-sex marriage was the single most important issue.”

Barton’s co-host Rick Green goes on to laud Staver for his role in training Religious Right activists at the Law School of Liberty University, which was founded by the late Jerry Falwell, to use the “right Biblical worldview” to shape government, politics, and the courts:

What they’re doing in terms of raising up this next generation. Not only the lawyers graduating from Liberty Law School but think of how many more people with the right Biblical worldview coming through a school like that will want to go be the bureaucrats, and we always think of that word as a negative word but the Justice Department and all these places and all these folks that work there in the past mostly did not have that Biblical worldview because we discouraged young people from going into those arenas. But because of what Mat’s doing and other schools out there doing that kind of thing I think we’re gonna have a lot more people coming into government for good reasons.

Perhaps Green wants more appointees like Monica Goodling, the graduate of Rev. Pat Robertson’s Regent University Law School, who drew attention for her Religious Right activism in the Bush Administration’s Justice Department. Goodling was implicated in the Bush White House’s drive to politicize the Justice Department and replace US Attorneys with partisan appointees. The Justice Department's Office of the Inspector General “concluded that the evidence showed that Goodling violated both federal law and Department policy, and therefore committed misconduct, when she considered political or ideological affiliations in hiring decisions for candidates for career positions within the Department.” For example, Goodling fired a US Attorney as a result of rumors that she was a lesbian and denied a promotion to a prosecutor because his wife was a Democratic activist. While Goodling was not a graduate of Liberty, Regent University has the same goals of training young right wing activists for government roles to advance the Religious Right’s agenda.

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Smear Job on David Ogden Comes up Short

The Senate is currently debating the nomination of David Ogden to be Obama’s Deputy Attorney General. That, in itself, is telling. Ogden was expected to sail through the confirmation process, but by last week there was talk of a full-on filibuster.

It’s not easy to disrupt the confirmation of a widely respected attorney with previous government experience and bipartisan backing. It takes big lies and a big megaphone. But the Religious Right and its Senate allies managed just fine.

To hear Senator Orrin Hatch talk about it, you’d think that Obama had actually nominated Larry Flynt to be Eric Holder’s deputy: “The pornography industry is excited about Mr. Ogden’s nomination.”

But that’s nothing. Here’s how the executive director of the Traditional Values Coalition summed up Ogden: “He will be a great ally for advocates for death and homosexuality inside the Justice Department.”

Bear in mind, they’re talking about a man who enjoys the backing of the National District Attorneys Association, National Association of Police Officers, Fraternal Order of Police, National Center for Missing and Exploited Children, and many others. He even won the support of Republican Senators Specter, Graham, and Kyl in committee.

Ogden’s right-wing antagonists don’t care about any of that. They’ve latched onto a handful of cases involving abortion and obscenity from his many years as a corporate lawyer and have distorted them beyond all recognition. Ogden, for instance, represented the American Library Association in its fight against overzealous internet filtering and the American Council for the Blind over whether the Library of Congress should make a Braille version of Playboy, as was the practice for other popular periodicals.

These cases had very real First Amendment implications. But never mind that. His old casework is enough for the Traditional Values Coalition to call him a “pro-pornography zealot.” Concerned Women for America has even speculated that his nomination might mean that the “United States will also fund the international production and distribution of pornography.”

These smears reached hundreds of thousands – perhaps millions – of Americans via right-wing cable news, talk radio, and blogs. Senate conservatives took notice, hence the five ‘no’ votes in the committee and the grumbling about a filibuster. In fact, Senator Majority Leader Reid was forced to file cloture on the vote.

Ogden will surely be confirmed when the Senate finally votes on his nomination today (around 2 pm). But the outlandish rhetoric from the far right and the willingness by conservative Senators to play along are sure signs of what’s to come.

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The Right Turns Its Attention to Dawn Johnsen

The Right has been working overtime to attack President Obama’s nominees to the Department of Justice.  But the grandstanding and name calling that have characterized the Right’s attacks on Elena Kagan, Tom Perrelli, David Ogden, and Eric Holder might only be skirmishes compared to the campaign they’re gearing up to wage against the President’s nominee to head the Office of Legal Counsel, Dawn Johnsen.

Today the National Review weighs in with its typical sobriety.

In Dawn Johnsen's dizzying jurisprudence, government has no business invading individual privacy and regulating abortion but is obliged to coerce taxpayers into underwriting abortions as a first step in what she unapologetically calls "the progressive agenda" of "universal health care, public funding for childcare, paid family leave, and . . . the full range of economic justice issues, from the minimum wage to taxation policy to financial support for struggling families."

If Johnsen is confirmed, OLC will be transformed from a source of non-ideological legal analysis to a culture-war agitator. And its value to the Department of Justice may be lost.

Most of the article is a tirade against Johnsen’s pro-choice credentials, but be sure not to miss the hilarious interlude describing her “smearing of John Yoo, the Cal-Berkeley law professor who, as a Bush OLC staffer, principally authored DOJ's so-called torture memo.”

In contrast to Johnsen's perversion of anti-slavery law to suit her abortion agenda, Yoo was not twisting the law to advocate torture. He was soberly attempting to construe a legal term, "severe . . . pain or suffering," part of the statutory definition of torture that had not yet been interpreted by the courts. This is what OLC does: It struggles to understand the state of the law, irrespective of staffers' predilections, so that policymakers can act in full awareness of their options.

Who says that conservatives don’t have a sense of humor?

Seriously though, as much as we’d love to smear John Yoo’s reputation, he’s already done more to shame himself than we (or Dawn Johnsen) could ever hope to do.

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