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Old 12-13-2011, 02:36 PM   #434
BigV
Goon Squad Leader
 
Join Date: Nov 2004
Location: Seattle
Posts: 27,063
Quote:
Originally Posted by Undertoad View Post
i have... frequently
http://video.foxnews.com/v/127946468...sy-in-hc-case/

The newscaster introduces the reporter as national correspondent Steve Centanni. He goes on to tell about Justice Kagan's previous connections with the health care legislation.

At about 0:40 the correspondent says:

"...she would legally be required to recuse herself from the case. But according to the Constitution, a Justice must recuse even if he or she quote, 'expressed an opinion concerning the merits of the particular case in controversy'. That's from Article 28 of the Constitution. In spite of this controversy though, Kagan has given no indication yet that she will recuse herself in this case, in fact, Justices rarely do so.

The title to the graphic during this segment reads:

'expressed an opinion concerning the merits of the particular case in controversy'

U.S. Constitution, Article 28, Section 144.

There are some real problems with this story. First of all, as numerous other sources have pointed out, there is no Article 28 or Section 144 of the US Constitution whatsoever--that was made up out of thin air to lend some semblance of credibility to their opinion-making--"wait, it isn't just me saying she should recuse him/herself, it's in the Constitution!!".

This isn't just a mistake. This is a lie. It is a deliberate attempt to deceive. This isn't news, it isn't Fair. They attempt to distract by invoking "Balance" by telling about Justice Thomas' recusal "situation" due to his wife's employment and potential conflict of interest. Interestingly, everything I can find actually supports the validity of the statements about the Thomas side of the story, but no invocation of the Constitution or calls for his recusal.

My questions to you, UT, are: Where is the retraction for this error? Why is it still being published on Fox's own website? What do you think of this kind of story? Do you consider it news? Do you think Fox is trying to present it as news?
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