Guest editorial by Ernest A. Canning

In a May 3 New York Times editorial, "Drilling, Disaster, Denial," Paul Krugman points to a Gallup poll which found: "Americans are now less worried about a series of environmental problems than at any time in the past 20 years" --- a finding mirrored by surveys conducted by the Pew Research Center which revealed that the percentage of Americans who believe "there is solid evidence that the average temperature on earth has been getting warmer over the past few decades," had dropped from 71% in April 2008 to 57% in September/October 2009.

After pointing to the catastrophic events --- the 1969 Santa Barbara oil spill and the fire atop a polluted Cuyahoga River --- which gave rise to the first Earth Day in 1970, the Clean Water Act and the Environmental Protection Agency, Krugman suggested that the success alleviating "visible pollution" that was involved in these "photogenic crises" led to reduction in public concern for the less visible impact "of pollution that's invisible, and whose effects unfold over decades rather than days" --- an invisibility which opened the way for hard-right, denialist, anti-environmental propagandists like Rush Limbaugh to succeed.

While there is empirical data supporting Krugman's suggestion of an adverse impact of anti-environmental propaganda, often funded by the likes of Exxon-Mobil and others in or connected to the fossil fuel industry, Krugman's analysis falls short because he fails to examine the role of the mainstream corporate media, especially television, in fostering the invisibility he decries...

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Yesterday, Peter Hart, of the media watchdog Fairness and Accuracy in Reporting (FAIR), flagged the New York Times' latest ACORN-related report for us and notes "how far the Times is from where it started on this story."

Yes, after a full six months of out-and-out misleading the public on the now-infamous ACORN "Pimp" Hoax by repeatedly misreporting that disgraced rightwing prankster and activist James O'Keefe had dressed as a 70's-era blaxploitation pimp while scamming low-level workers in ACORN offices --- and even as the Times finally conceded it was wrong on at least that point just two weeks ago --- the paper has still been standing by the misleading assertion that O'Keefe "clearly presented himself as" a pimp in those offices.

But the NYTimes' latest story is decidedly "pimp"-less and seems to tacitly serve as an admission that even that false narrative was previously misreported. Of course, they've yet to issue a public acknowledgment --- much less a correction, retraction, apology, or explanation --- for having gotten that point so wrong, for so long.

Last week's finding by the CA Attorney General, that ACORN committed "no violations of criminal law" in any of the illicitly and likely-illegally taped videos that O'Keefe and his partner Hannah Giles created in CA offices, may finally have convinced the people running the paper they had it wrong. At least if one notices the glaring absence of what wasn't reported this time around by the Times in its most recent story...

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Echoing the recent report of the Kings County, NY, District Attorney who completed a five-month probe finding "no criminality" seen in video tapes secretly taken of low-level ACORN and ACORN Housing workers last year in New York, California's Attorney General has now reached a similar conclusion regarding videos recorded in three different cities in the Golden State last Summer, according to a report released today which finds the workers "committed no violation of criminal law."

While describing "highly inappropriate behavior" by some of the workers caught on secret video tapes made by Rightwing activists, CA AG Jerry Brown's report finds that "the evidence does not show that the ACORN employees in California violated state criminal laws in connection with their conversations" with activists posing as a prostitute and her boyfriend.

In a press release announcing his 28-page report [PDF] (and accompanying 55 pages of attachments and exhibits [PDF] with it), the AG's office says the publicly released videos taken in Los Angeles, San Diego and San Bernardino were "severely edited."

Brown's statement in the announcement is highly critical of Rightwing activists James O'Keefe III and Hannah Giles, who posed as a prostitute and her law school boyfriend in the videos posted on Rightwing media mogul Andrew Breitbart's "Big Government" website last year and played extensively on Fox News, as well as other non-partisan media outlets.

"The evidence illustrates that things are not always as partisan zealots portray them through highly selective editing of reality," says Brown in the statement. "Sometimes a fuller truth is found on the cutting room floor."

His report notes that the office's "investigation has involved attorneys from all three legal divisions – Criminal Law, Public Rights, and Civil Law – as well as Special Agents from the Department’s Bureau of Investigation and Intelligence" and included a review of "the unedited recordings made by O’Keefe and Giles."

In exchange for "immunity from prosecution," O'Keefe and Giles provided "the full, unedited videotapes" to Brown's office who, therefore, "did not determine if they violated California's Invasion of Privacy Act" when secretly recording the ACORN workers. Those workers, he notes in his report, may still "be able to bring a private suit against O'Keefe and Giles for recording a confidential conversation without consent."

O'Keefe, Giles, and Breitbart have previously refused to release the unedited footage of their videos publicly. Brown's report details why they likely did not wish to, as important, often exculpatory details from each encounter were not included in the edited versions, released to much partisan fanfare last year.

The unedited California videos have now been posted on the CA Attorney General's website. (They are also linked at the end of this article.) The press release also notes that the AG has unedited tapes from other cities outside of California as well. The BRAD BLOG has made a request for those videos from the office of the Attorney General.

'Severely Edited'

The description of the videos as "severely edited" also echoes the Brooklyn D.A.'s office, which was quoted as describing them as a "heavily edited splice job" when his report was released several weeks ago.

Brown's report also echoes an independent investigation [PDF] released by former MA Attorney General Scott Harshbarger early last December, but unreported in the New York Times and many others. That report was commissioned by ACORN as an external review. In it, Harshbarger found serious organizational concerns with the four-decade old community organizing group, but "no pattern of criminality" as seen in any of the highly-edited, heavily-overdubbed video tape releases.

Despite repeated official investigations finding a complete lack of criminality in any of the O'Keefe/Giles/Breitbart tapes --- other than by the filmmakers themselves, who may have broken the law in at least two different states by secretly taping workers --- ACORN recently announced that the publicity from the hoax videos had succeeded in drying up their private funding, and forced them to shutter their doors as of today.

Of the four ACORN employees O'Keefe and Giles met with in three different California cities, none "committed, solicited or conspired to commit any criminal acts," says Brown in his report. "There is no evidence that any of the ACORN employees had the intent to aid and abet such criminal conduct or agreed to join in [O'Keefe and Giles purported] illegal conduct."

The Attorney General also confirms that O'Keefe never appeared in any of the offices "dressed as a 1970s Superfly pimp," as he had been edited to appear at the beginning and end of each of the videos. Neither did O' Keefe ever claim to be a pimp to any of the workers whose good natures, AG Brown says, O'Keefe and Giles preyed upon...

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Sorry this took a few days to get posted. Have been busy. As noted last week, on Saturday I made my third appearance in as many years at the annual "L.A. Media Reform Summit" sponsored by CA Common Cause. It was again held at Occidental College, and I was honored to serve as their keynote speaker for the first time this year.

Below is the video of my full speech, in which I discussed the serious crisis we now face as our corporate mainstream media hit full fail mode. That point, as I argued, is exemplified by 1) the massive failures of the old "dead tree" media to meet their constitutional responsibilities to help protect the public from bad guys (as illustrated by the NYTime's months of damaging and flagrant misreporting on the ACORN "Pimp" Hoax, as we've been covering at The BRAD BLOG for months), and 2) the full, rightwing take-over of nearly every inch of the public's broadcast spectrum by a handful of corporations that do not meet their FCC license obligations to manage those airwaves in the public's interest (as we've been covering at The BRAD BLOG and elsewhere for years).

I also discussed your responsibility in doing something about both of those serious problems!

The video is posted below the fold, since it's about 40 minutes in all, and might otherwise get interupted by the main page's auto-refresh routines. Enjoy. And get to work!...

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Read the text transcript here...

[Hat-tip BRAD BLOG commenter "BlueHawk"]

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I appeared earlier this afternoon on RT (formerly "Russia Today"), an English-language Russian news service seen in the U.S. and elsewhere.

Despite yesterday's six-months-late admission from the New York Times that they were repeatedly bamboozled by the Rightwing con-artists who produced deceptively edited hit videos in order to take down ACORN (which they successfully did), U.S. television --- including those so-called "liberal" bastions like CNN and MSNBC --- don't seem to much care that the entire thing was a hoax from the jump. At least they've yet to cover it, while RT has done so with at least three live hits over the past 24 hours.

Once again, RT seems to have more interest in issues that actually effect Americans than American broadcast news outlets do. Here's my choppy web-cam appearance earlier today.

Yesterday, my colleague and friend David Swanson was also a guest on RT to discuss the ACORN issue, as was nationally syndicated radio host Thom Hartmann. Both of those short segments are posted below and well worth watching...

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Last night, the New York Times issued a pathetic "correction" in which the paper finally admitted it had gotten one very important element of the ACORN "Pimp" Hoax story wrong by reporting on at least four occasions that Rightwing activist James O'Keefe had dressed in his ridiculous 70s-era blaxploitation "pimp" get-up while secretly video-taping low-level ACORN and ACORN Housing workers last Summer. He didn't. That was a lie by O'Keefe and his publisher Andrew Breitbart, and it was forwarded uncritically by the New York Times over and over again.

After two months of my badgering the paper's Senior Editor for Standards Greg Brock and its Public Editor (ombudsman) Clark Hoyt about it --- and after each offered all sorts of extraordinary excuses (see here and here for just a start) as to why they stood by the paper's demonstrably inaccurate reporting --- the "paper of record" was finally, and begrudgingly, forced to admit it was wrong on that one element, and has issued a correction to it.

The "correction" came six months after the Times first damagingly misreported the story, and was followed by repeated similar misreports. It also came on the same day that the four-decade-old community organization announced it had been forced to close shop in the wake of the phony scandal, which was helped along by the gross misreporting by the Times and many others that followed suit.

But the Times' correction still made it a point to include the false notion that, while O'Keefe didn't dress as a pimp in ACORN offices, he still "represented himself" as one, by "posing" as a pimp.

Well, no, as we've shown time and again, he didn't do that either. He posed as the law school student (or sometimes a banker or politician) boyfriend to Hannah Giles who was dressed similarly to a prostitute. During the secretly-taped interviews, they both told the low-level ACORN and ACORN Housing workers they were trying to save her from an abusive pimp who had attempted to stalk and kill her.

Yet, the Times is still standing by its inaccurate reporting.

So, to help them out, here are just a few more examples of O'Keefe "posing as a pimp," as the New York Times, the "paper of record," would have you believe, as taken from O'Keefe's own unauthenticated text transcripts...

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The once-great New York Times has now become the new shame of this nation. Tonight they have run a "correction" concerning their repeated misreporting of the ACORN "Pimp" Hoax for tomorrow's papers. And, as you'll see below, it's pathetic --- simply pathetic --- and still inaccurate.

It has been...

• ...six months after the New York Times ran their first incorrect story on the ACORN "Pimp" Hoax;

• ...five months since their ombudsman and reader's representative Public Editor Clark Hoyt (Public@NYTimes.com) chided the paper for waiting "nearly a week" before reporting on the phony videos, and announcing the assignment of a new editor to specifically follow "the issues that are dominating Fox News and talk radio";
• ...almost four months since the former MA Attorney General correctly reported [PDF] what had really gone on in those ACORN offices (though his report was entirely ignored by the NYT until last weekend);
• ...two months after their Senior Editor for Standards Greg Brock (SeniorEditor@NYTimes.com) wrote via email that James O'Keefe "appeared on a live Fox show wearing what HE said was the same exact costume he wore to ACORN's offices...We believe him. Therefore there is nothing for us to correct";
• ...two months after Hoyt (Public@NYTimes.com) wrote via email to back up the editors and the paper's reporting to say that "The story says O'Keefe dressed up as a pimp and trained his hidden camera on Acorn counselors. It does not say he did those two things at the same time";
• ...two days after Hoyt finally admitted in his column that "The Times was wrong…and I have been wrong in defending the paper's phrasing" and that "Editors say they are considering a correction";
• ...and on the very same day that ACORN announced they were shutting their doors on April 1 following a lack of funding, in light of the damage done by the highly-doctored, falsely promoted and inaccurately reported hit videos released by known Rightwing partisan propagandists and liars...

...the "paper of record" has issued a correction for tomorrow's papers, in which they repeat the falsehood that James O'Keefe "posed as a pimp" in ACORN offices. He didn't. He posed as the fake prostitute's law school boyfriend trying to help save her from a pimp who had stalked and threatened to kill her, as a review of even O'Keefe's own unauthenticated text-transcripts show.

Here is the absolutely shameful squib published tonight on the web, and running in tomorrow's paper, along with just the shortest explanation of how they are still getting it completely wrong, but don't seem to care...

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"The Times was wrong…and I have been wrong in defending the paper's phrasing."

Even as the New York Times once again misreported the ACORN "Pimp" Hoax on its pages in a report on the community organization's possible declaration of bankruptcy in Saturday's paper, their Public Editor (ombudsman) Clark Hoyt finally admits in his column tonight, for tomorrow's paper, that both he and the paper were "wrong" in their reports about rightwing dirty trickster James O'Keefe's "pimp" costume, adding that "editors say they are considering a correction."

Considering?! What exactly would be the hold up?

The paper and Hoyt, as The BRAD BLOG has been detailing for nearly two months now, were out and out wrong in their reports about O'Keefe, and what his highly-edited, heavily-overdubbed, secretly-taped videos misleadingly suggested to show, and in their failure to report exculpatory information, such as the refusal to release the unedited raw videos made by the rightwing propagandists, as well as the results of an investigation by MA's former Attorney General [PDF] finding no "pattern of illegal conduct" by ACORN employees as seen in the videos as published by the rightwing media mogul and fabulist Andrew Breitbart.

More than a month and a half after the paper's Senior Editor for Standards, Greg Brock, first attempted to defend the "paper of record's" reporting by pointing to Fox "News" and the accused felon O'Keefe himself in support of their inaccurate reports, as we exclusively detailed here, and more than a month and a half after Hoyt himself offered similar excuses and was shown that he was absolutely wrong, as we exclusively detailed here, the Public Editor offers his extremely reluctant mea culpa tonight in "The Acorn Sting Revisited" [emphasis added]:

Hoyt also conceded in his long-overdue admission that the paper erred in failing to ever mention (until a story in today's paper finally!) the independent findings of former MA Attorney General Scott Harshbarger which were released on December 7th of last year....

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Guest blogged by Ernest A. Canning

On Wednesday, March 10, 2010 The BRAD BLOG posted breaking coverage about U.S. District Court Judge Nina Gershon’s finding that day, that the Congressional funding ban on ACORN was an unconstitutional bill of attainder. Her finding included an order to resume federal funding to the community group which has been targeted by a years-long GOP smear campaign.

A March 10 AP story covering Judge Gershon's finding appeared in the March 11 edition of the Washington Post.

It's now Wednesday, March 17 --- a full week since the historic ruling was issued by a federal judge (in New York, of all places) yet, not one word about the ruling has appeared in the New York Times, America's so-called "paper of record."

What's wrong with this picture?

[Update 3/19/2010: See "Correction/Clarification" at end of article. The Times appears to have run something on this, at least a version of the AP's coverage, at least on their website, if not in their print editions, after all. See below for more details and one encouraging point to go with it. - BF]

As we now know, the NYTimes has misreported the ACORN "Pimp" Hoax story time and again since last fall, yet both their Senior Editor for Standards, Greg Brock, as seen in emails published by The BRAD BLOG, and their Public Editor (ombudsman) Clark Hoyt, as seen in emails also published by The BRAD BLOG, have both refused to issue or recommend corrections despite being shown the gross, factual inaccuracies in the paper's coverage.

Furthermore, Gershon's decision last week heavily referenced a report [PDF] by the former MA Attorney General Scott Harshbarger, released on December 7 of last year, finding no criminality by ACORN workers as seen in the highly-edited, heavily-overdubbed, secretly-taped videos released last year by James O'Keefe and Andrew Breitbart. The publication of those videos led to the unconstitutional legislation undone last week by Gershon. Yet the New York Times has never so much as mentioned the Harshbarger report in its pages either.

So, again, I ask: what's wrong with this picture?

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From Katrina vanden Heuvel, editor and publisher of The Nation last Monday on "The Rightwing Witch Hunt Against ACORN":

From Detroit's Metro Times last Wednesday in "Pimps, weasels and ACORN: The truth is slowly catching up with the smears":

Both of those two articles merit reading in full, along with a number of others published elsewhere of late, which follow up on The BRAD BLOG's weeks-long focus on exposing the Rightwing cult's ACORN "Pimp" Hoax and the corporate media outlets and public officials who shamefully fell for it. We've been too busy working on the exposé itself to keep you apprised of much of the coverage of it elsewhere, but there's been quite a bit, so let's try to put that right and get caught up on some of the more noteworthy pieces...

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"This reporting was done by not just the right-wing press, but every one of the mainstream press, and I’m talking about...the New York Times," said John Atlas, author of the new book Seeds of Change: The Story of ACORN, America’s Most Controversial Anti-Poverty Community Group on this morning's Democracy Now!.

"And there’s a whole movement out there now trying to get the public editor to go on record saying the Times botched the story," Atlas, the president of the National Housing Institute, continued.

He was on the show to discuss this week's finding by a federal judge that Congressional legislation crafted specifically to defund ACORN was unconstitutional.

"The first thing I want to say, that needs to be said over and over again, is that the act of defunding ACORN by Congress is a national disgrace. We should all be outraged about that. Basically what happened is Congress bowed to Fox News, Glenn Beck, the rest of the right-wing echo chamber --- we’re talking about the United States Congress --- and then scapegoated the most effective anti-poverty organization in the country. That’s a scandal of enormous proportions," Atlas chided.

In the bargain, he set the record straight about what ACORN does, how important their work is to those in our country who most count on them, and how the story of the ACORN "Pimp" Hoax was so unforgivably misreported over and again by the New York Times (and others) who still continue their journalistic malpractice by flat-out refusing to responsibly correct the record, as The BRAD BLOG has detailed in great length over the past several weeks.

The full transcript is posted here, the full video of the Democracy Now! segment (appx 11 mins) with Atlas, Amy Goodman, and Juan Gonzalez is below, along with excerpts from Atlas' opening comments on the important role of ACORN, and the dreadful failure of the New York Times...

[Hat-tip BRAD BLOG commenters "Jeannie Dean" and "Big Dan"]

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From BRAD BLOG commenter "Billy" as posted in response to our breaking coverage Wednesday night of the Congressional legislation to defund ACORN in the wake of the "pimp" hoax videos, having been declared in federal court to have been an unconstitutional bill of attainder...

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The New York Times "was duped" and "refuses to own up to mistakes in the paper's coverage" of the now-infamous ACORN "pimp" hoax video tapes published by partisan Rightwing activists James O'Keefe, Hannah Giles, and Andrew Breitbart.

That coverage, according to a devastating, no-holds barred, well-documented action alert issued today by the decades-old media watchdog group Fairness and Accuracy in Reporting (FAIR), was "wildly misleading" as a result of the paper having "decide[d] to skip the standard rules of journalism."

FAIR has been covering bias in the media since 1986 and today's detailed action alert calls on the "paper of record" to issue retractions, apologies, and explanations for their repeatedly incorrect and uncritical coverage of the Rightwing ACORN "pimp" hoax videos.

The group also excoriates New York Times Public Editor Clark Hoyt's often-absurd emailed justifications to The BRAD BLOG for refusing to recommend the paper issue retractions and apologies, as they decry: "It is hard to believe that Hoyt actually believes what he's saying here."

Finally, FAIR's analysis of the reportage, videos, and transcripts comes to the damning conclusion: "The videos were in fact a hoax, and the Times was duped. Its readers deserve to know as much--and ACORN, which suffered serious political damage as a result of the false stories, deserves an apology."

They ask readers, as we have for many weeks, to contact the Times' Public Editor Hoyt to "recommend that the paper investigate the ACORN videos and produce a report that clarifies the record"...

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Guest blogged by Ernest A. Canning

“A lie can travel halfway around the world while the truth is still putting on its shoes.” - Mark Twain

"All that is needed for the forces of evil to triumph is for enough good men to do nothing." -Edmund Burke

In a society increasingly dominated by dictatorial and corrupt corporate wealth and power, a collection of community organizations, The Association of Community Organizations for Reform Now (ACORN), steps forward to become the voice of the most vulnerable of our citizens --- the poor and lower-middle class. It is a national coalition which not only strives to insure that these otherwise atomized and powerless masses retain and exercise their equal right to vote, but a caring organization which seeks a living wage for all citizens; that tries to protect them from predatory lenders and phony foreclosure assistance scams.

At a time when the heartless and uncaring Bush/Cheney cabal left thousands of our fellow citizens to sink or swim in a toxic soup of petrochemicals, flood waters and decaying bodies, ACORN, according to the Congressional Research Service [PDF], stepped forward to assist "in the clean-up of 1,850 homes and" organized "10,000 hurricane survivors into the ACORN Katrina Survivors Association."

So it comes as no surprise that ACORN has become the target of a years-long relentless right-wing assault, most recently spearheaded by the likes of accused federal felon James O'Keefe and his serial dissembling employer and publisher, Andrew Breitbart. Neither is it a surprise that the phony pimp's video hit pieces emerged on Rupert Murdoch's own Fox "News" Channel, which Robert Greenwald so forcefully demonstrated was but the propaganda arm of the GOP in Outfoxed: Rupert Murdoch's War on Journalism.

It is, however, slightly more surprising, and certainly most noteworthy, that now that they've been exposed as hoaxes, even Murdoch's own New York Post was forced to describe the doctored tapes as a "'heavily edited' splice job that only made it appear as though the organization's workers were advising a pimp and prostitute on how to get a mortgage...[with] many of the seemingly crime-encouraging answers...taken out of context so as to appear more sinister."

What is truly disturbing, however, is that this concocted tale would be unquestioningly accepted as legitimate by the corporate media and by Congress, which, in their rush to mollify the noisy hard-right, displayed a profound ignorance of basic concepts of fundamental fairness and due process of law.

ACORN was prematurely and inappropriately tried and convicted in the press and in Congress, without so much as a single hearing, vis a vis a grotesque and shameful word-of-mouth propaganda lynch job unseen since the days of Joseph McCarthy, the disgraced, right-wing demagogue who misused his powerful perch in the U.S. Senate to smear "loyal Americans as disloyal" and who falsely "charged that the government was being undermined from within"...

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