Federal Judge Rules CNN is FAKE NEWS !!! TRUMP IS RIGHT !!!
But under federal civil procedure law, plaintiffs only need to demonstrate the plausibility of claims before a motion to dismiss is denied. So the question is — which standard should be used? If a judge just goes with plausibility instead of probability, it means that plaintiffs in a range of cases involving First Amendment activity — not just defamation, but also ones alleging stolen scripts, privacy violations, discrimination and so forth — get an easier road past initial hurdles and into discovery. That ups the cost of defending lawsuits significantly. That might help explain why the MPAA joined other media companies in telling the judge that anti-SLAPP laws are “fundamentally important.” (See here.)
On Tuesday, U.S. District Judge Orinda Evans decided that the plausibility standard under federal rules was what was most important. In coming to the decision, she notes that appellate circuits around the nation have split on the issue. The judge cites a 9th Circuit decision that there’s no conflict between a state’s anti-SLAPP law and federal rules because litigants are free to try both. Evans also nods to 9th Circuit judges like Alex Kozinski who have “challenged the wisdom of the 9th Circuit’s continued tolerance for anti-SLAPP statutes.
”Ultimately, she likes what D.C. Circuit Judge Brett Kavanaugh has to say.
“He agrees with this Court that the two are in conflict and cannot co-exist,” writes Evans. “As in D.C., here, the Georgia anti-SLAPP statute impermissibly ‘set[s] up an additional hurdle a plaintiff must jump over to get to trial’ in federal court.
”So she effectively renders Georgia’s free-speech protection statute toothless. Or at least in federal court where litigants must use federal procedure even if the claims are premised under state law. That’s important from a tactical perspective, we think, and may even influence where plaintiffs choose to file.
As for the rest of the opinion, which weighs the plausibility of Carbone’s claims, Evans feels there’s enough to move it forward. The plaintiff is disputing how CNN arrived at its infant mortality rate statistic. Carbone alleges that it should have been risk-adjusted, that CNN was doing an “apples-to-oranges comparison” when comparing St. Mary’s Medical Center to the national average.
CNN will have the opportunity to fight this contention at a later stage in the case, but the point is that it will still be fighting instead of getting the judge to address the merits of the claims now rather than later. Before Trump was elected president, we suggested that his threats necessitated a federal anti-SLAPP law. Instead, the decision, as it gets appealed upwards, may risk undercutting the existing anti-SLAPP state statutes around the nation.Read the ruling at the link below
BREAKING – Federal Judge Rules CNN is FAKE NEWS !!! – TRUMP IS RIGHT !!!
Donald Trump versus the establishment
THE OBAMA/SOROS/MEDIA SHADOW GOVERNMENT AND THE ILLUSION OF CHAOS
Feb 17, 2017 by Scott Lively
I’m encouraging Christians not to fall prey to the false-reality being spun by the elites against the Trump administration and our nation. It’s just an illusion now but could become reality if God’s people forget how the Deceiver works, and who’s really in charge. If we let the spooks deceive us into stampeding, they’ll run us right off the cliff. They’re called spooks for a reason.
“The Gates of Hell cannot prevail against the church.” The spiritual truth behind that scripture is that Satan has no power against a person who steadfastly abides in Christ. The Evil One can only do what God allows him to do, but that latitude includes the right to try to trick us into exercising our own self-will self-destructively. God measures our faith in Him by whether we cling to His truth or believe the lies. Thus, Satan’s most potent weapon is deception – especially fear-inducing illusions that tempt us to run away instead of standing firm, voluntarily giving up the ground that our adversary could never otherwise take from us.
As a veteran pro-family activist I know this principle intimately. Through testing and occasional failure in earlier years, I now understand and embrace the corollary scripture “therefore, having done all to stand, STAND.” Indeed, after more than a quarter century of taking everything the “gay” movement could throw at me, culminating in the current bogus federal lawsuit for “Crimes Against Humanity” for preaching against homosexuality in Uganda, my ministry has become a symbol of courage under fire internationally.
They can’t stop me from speaking the plain truth in love, but, importantly, that doesn’t stop them either, because the fabrications and misrepresentations they spin about me and the presumption that I am hurt by them, puts fear into others, and causes them to compromise the truth or remain silent so as not to suffer the same fate. (The truth is that standing up to their persecution has caused me to be spiritually blessed beyond what I ever thought possible.)
Satan is not creative. His strategies and tactics are tediously predictable, once you recognize them. Of course, it’s not easy to stand firm when it seems like you’re about to be engulfed by a mountainous rushing wall of fire, but if you do stand firm the illusion vaporizes on contact and you realize it was a lie. Once you’ve stood up to that wall a few times it loses most of its effect on you.
No group is better at this satanic strategy than the “gay” political movement, which was an unstated reason why open homosexuals were never allowed into the intelligence agencies in the history of the nation, a policy upheld by the none other than the 9th Circuit US Appeals Court in the 1990 case, “High Tech Gays v. Defense Industrial Security Clearance Office.” (Indicating just how dangerous to our nation the idea of homosexual spooks was even to the farthest left-wing judges in the country: J. Edgar Hoover was by no means an anomaly.) But then along came Bill Clinton who issued Executive Order 12968 on August 2, 1995, opening the intelligence agencies and top secret security clearance to the Machiavellian “gay” network.
That policy continued under W. Bush, and when Obama came into office the floodgates really flew open. My guess based solely on my knowledge of the “gay” movement and Obama’s personal priorities, is that the today’s alphabet soup of intelligence agencies could easily be condensed to just four letters: LGBT, since that’s almost certainly who’s driving the agenda evidenced in the ongoing treasonous sabotage of the Trump administration.
More critical to the process of creating the false reality by which the far left has steered American public policy for decades is the mainstream media. Again, an industry so heavily dominated by “gays” and homosexualists that there is no longer even a pretense of balance on stories related to LGBT issues. Pro-family views are openly equated with racism and denied inclusion in news reporting. That same subjectivity and arrogance drives their narrative on their entire slate of issues.
My greatest concern about the Trump administration is that secular-minded advisors will allow self-defeating politically-correct assumptions to convince them to leave the “gays” in the swamp, assuming that will win them points with the ultra-powerful LGBT lobby and the larger progressive community it dominates, as well as crossover libertarian and secularist constituencies.
My prayer is that President Trump will awaken to the correlation of anti-Trump radicalism on the left with the “gay” movement and realize that on virtually any issue one can name the most aggressive liars and agitators are homosexuals and their closest surrogates, and that these people absolutely, positively cannot be placated (just ask the Boy Scouts of America). In other words, there is a spiritual dimension to the culture war in which the key common denominator is LGBT affiliation.
I call on Mr. Trump to adopt my earlier recommendation to establish a “Separation of LGBT and State” as outlined here.
I further urge him to take the bold and courageous step of revoking Executive Order 12968 and restoring the ban on “gays” in the intelligence agencies as it existed until 1990.
As to my fellow Christian believers, I urge a steadfast resolve to back every policy of the Trump administration that works to restore America to her former greatness, regardless of the illusion of chaos being spun about them by the Obama/Soros/Media shadow government and their agents in the federal bureaucracy and on the streets. Lets not be stampeded away from Trump by the very propagandists and social engineers who consistently misrepresent us just as egregiously.
Swing-voting independents are twice as likely to trust President Donald Trump’s administration than to trust the media, according to a new poll by Fox News.
The lopsided 52 percent to 26 percent trust in Trump is hidden in the crosstabs of the poll, which was released Feb. 17. Overall, by a narrow margin of 45 percent to 42 percent, Americans think Trump is more likely to tell the truth than are reporters.
But that topline result is skewed by sharply skewed partisan opinions. Only 8 percent of Democratic voters trust Trump more than reporters, and only 9 percent of Republican voters trust the media reporters more than Trump.
So the 52 percent pro-Trump to 26 percent pro-media attitudes among independent-minded swing voters push the final result into Trump’s favor — and also give him a political and electoral advantage as the left-leaning established media repeatedly slams Trump, his deputies and his popular policies, such as curbs on immigration.
Those February 2017 numbers show a huge shift from past polls when the public trusted politicians much less than journalists.
In a June 2006 poll cited by Fox, 5 percent of respondents said they have more trust in government officials, 40 percent said they more trust in journalists and 26 percent said they trusted neither.
In an October 1997 poll cited by Fox, only 6 percent of respondents said they trusted politicians more than journalists, 61 percent said they trusted journalists more than politicians, and 20 percent said they trusted neither.
So the 2017 numbers show journalists have lost one-third of their trust level, or 19 points, from the 1997 level of 61 percent to the 2017 level of 42 percent.
The Fox news poll is validated by a recent poll from Emerson College.
The poll also shows that the public believes the media is far tougher on Trump than it was on President Barack Obama. Sixty-eight percent of the respondents told Fox News that the media has been tougher on Trump compared to Obama, while only 18 percent believe they have been easier on Trump. Twelve percent said they were treated equally.
Still, despite the skepticism towards the media, a solid majority of Americans want the media to push Trump hard. Fifty-five percent say the media should “cover the president aggressively,” while 38 percent say the president should be given the benefit of the doubt.
The telephone poll of 1,013 registered voters was conducted Feb. 11 to Feb. 13.
Sean Spicer, the White House press secretary, appeared onBreitbart News Saturday on SiriusXM Patriot Channel 125 this weekend to discuss President Donald Trump’s upcoming Saturday evening rally in Melbourne, Florida, and the vehement and vitriolic hatred that the fake news- perpetrating establishment media has for the president.
Spicer said on the show:
I think the president, after almost a month in office has, done so many things to help move the country forward—create jobs, secure the nation—and I think so many times the filter of the mainstream media loses sight of both what he’s done, accomplished, and intended to do. And I think he wants to make sure that the people who are out there who supported him, that are fighting for him and that are praying for him, know that he can talk directly to them and he can get out there and have an unfiltered conversation with them. And this is going to be a great opportunity here in Melbourne, Florida, at 5 o’clock to have that conversation with the American people so he can talk to them about all of the things he’s already done in 30 days to move the country forward.
Spicer continued by noting that people in Washington, D.C., and some in New York City—those along the so-called “Acela Corridor” that’s largely out of touch with the rest of America—“miss” what is happening. He said:
I think people who are caught up in Washington, D.C., or to some extent New York City, I think they miss what’s going on here: A successful businessman went out and got into politics and has laid out a vision for America and then has actually came to Washington and did it. And there’s like a bunch of people melting down and having their minds blown by the fact that a guy is actually keeping his word and doing exactly what he said to the American people. And not just doing it, but successfully doing it, and I think that that really sort of defies the narrative about what’s supposed to happen for a lot of these individuals. I’ll tell you, we were in South Carolina yesterday at Boeing and there were 5,000 individuals there cheering on the new 787 Dreamliner that Boeing has created—and in doing so not just that but created thousands of jobs in South Carolina to support it. It was amazing to see their support for the president and his agenda. And then down here in Florida where we are for the weekend, it’s similar. It’s refreshing to get outside of Washington, D.C., and talk to people on the street or in a convenience store who just say, ‘Hey, I really appreciate everything you’re doing, I’m standing with the president, I support everything—his agenda—and don’t get down.’ It really is reassuring to his team and to him to know that when you get outside of Washington there’s just so much support for somebody keeping his word and moving the country forward.
Spicer called out several establishment media outlets, including the Associated Press and CBS News. The AP printed fake news this week, claiming inaccurately that the Trump administration was activating the National Guard to round up and remove illegal aliens. That is not true. CBS News also reported inaccurately that Trump’s designee to serve as Secretary of the Navy, Philip Bilden, is going to withdraw from serving. Spicer noted that he spoke with Bilden and that the CBS report is simply untrue. He also called out inaccurate reporting media-wide about National Security Adviser possibility, retired Vice Admiral Bob Harward’s, reasoning for turning down the job. Spicer said:
It’s not just that, although I share your concern with that story, but I also think that just today I had someone tell me that our Secretary of the Navy was stepping down—from CBS News—I called him, Phil Bilden, he’s an amazing individual, and he says ‘I’m 100 percent committed, where is this coming from?’ Yesterday, these stories about Admiral Harward, a really dedicated public servant who retired after 40 years in the Navy. He had some personal and financial obstacles in the way that didn’t allow him to further his discussions with the president and he said ‘you know what, Mr. President, you have an amazing team. I’d be glad to be part of it, give me some time to get my family situation and financial situation straightened out after 40 years of serving this country in the Navy, and I’d love to do something in your administration.’ Yet, you read the mainstream media and they say, ‘Oh he didn’t accept it because of this’—he basically stopped the process and said, ‘I can’t go any further because of these objections, but I can’t believe what an amazing national security team you have. I’d love to be part of it in a year or two once I straighten some of this stuff out.’ Yet the reporting is quite the opposite. And it’s always, Matt, the thing that troubles me is if I say it or the President of the United States says it, it’s well, ‘We got two blind sources that say the opposite.’ At some point, it’s amazing they won’t take the president’s word, but they will take two blind sources about what the president’s word is.
Spicer said that outside the media the administration is seeing widespread support, even among former opponents—and that the president is not “holding grudges.” He went on:
Well I think there’s two groups of people—there are groups of people who truly do want to see the country succeed regardless of who they voted for. And then there are some people who are against him and are now for him based on the success he’s having. Frankly, at the end of the day, I’ll take anybody. If you were a fierce opponent of the president, but you like his agenda now that you’re seeing the vision that he has, we need to grow not subtract from people who want to support his agenda and move this country forward. The president talks all the time about unifying this country and bringing people together. One of the individuals who was one of the leading ‘Never Trump’ members of the movement, Paul Singer, was in the Oval Office right before the press conference and he basically said, ‘You know, Mr. President, you won and I want to be supportive of your agenda. And Mr. President, I embrace that.’ He’s not holding grudges. He wants to bring people together. He wants to move the country forward. And he understands that the more unified we are, the more we can enact policies that lift up people and get them to work.
But he also said there are many people in the media who presume automatically that President Trump is doing something is a negative. Spicer said:
But I think, frankly, to get to the point of your question Matt, that there are a lot of folks in the media—and I said this a couple times at the podium—the presumption is always negative. It’s ‘No matter what he does, it can’t be for the right reasons. It can’t be successful.’ It’s amazing how if you literally stripped the name from some of the words of his speeches or some of the words from Obama or Bush or Clinton rather, you could almost say the exact same thing, but the second you put his name attached to the quote it’s ‘Well, that was a negative statement because he said it—not because of the words.’ That’s what I find amazing—there’s this presumptive negativity in everything he does and says.
WHITE HOUSE PRESS SECRETARY SEAN SPICER ON BREITBART NEWS SATURDAY: