THE DAILY NEWSLETTER - TUESDAY, MAY 3, 2022

Media Winners & Losers

MEDIA WINNER:
Politico's Josh Gerstein & Alexander Ward

A Monday night scoop from Politico’s Josh Gerstein and Alexander Ward is now all but certain to dominate the headlines and reshape the 2022 midterms. The scoop of lifetime for the two reporters will undoubtedly be recorded in the history books as a major moment for the Supreme Court and abortion rights in the U.S.

Gerstein and Ward reported the leaked decision from Justice Samuel Alito that would overturn Roe v. Wade and end the federal protection for abortion rights in the country.

Gerstein, a former White House and China correspondent for ABC, serves as Politico’s senior legal affairs reporter and shares the byline with national security reporter Ward – who previously worked at Vox.

The Supreme Court verified the authenticity of the leaked draft, although few doubted the veracity of the reporting from the veteran journalists.

"It is not a final opinion. It was a draft opinion circulated in the court as a first draft by Justice Alito,” explained to Rachel Maddow.

Politico’s editors released a note to their staff defending the publication of the leaked draft, writing, “This unprecedented view into the justices’ deliberations is plainly news of great public interest.”

“We take our responsibilities to our readers and our publication with the greatest seriousness. Our obligation, as protected by the First Amendment, is to report the news and inform our audience,” the note added.

Politico urged staff exercise caution around the story, not least for their own safety. That wise advice has had no tempering effect on the earthquakes that ensued across media.

As Politico wrote: “No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term.”

It is the scoop of the decade, as the A Block below attests. Lightning captured in a bottle by Politico's reporters, and taking that fact isolated from the nature of the story itself, a big win.

MEDIA LOSER:
Megyn Kelly

Megyn Kelly baselessly accused CNN’s Don Lemon of paying a “nice fat check” to settle a lawsuit on Monday, doubling down on the accusation after several reporters pushed back.

A former Hamptons bartender named Dustin Hice accused Lemon of assaulting him in a 2019 lawsuit. Hice’s case fell apart in stunning fashion.

Puck News senior correspondent Dylan Byers tweeted the news that Hice had dropped his suit entirely,  Monday. Byers included both a statement from Hice claiming he had “come to realize" his "recollection of the events that occurred" were not what he'd said when filing the lawsuit, as well as a statement from Lemon's attorney Caroline Polisi specifically stating that Lemon had not paid Hice any money to settle the case.

Kelly reacted to the news by posting several tweets retweeting Byers and accusing Lemon of paying off Hice, without evidence to support that accusation.

Multiple Twitter users replied to Kelly, including Byers, Mediaite's Sarah Rumpf, and CNN’s head of strategic communications Matt Dornic, pointing out Polisi’s statement that no money was paid to Hice and the case record showing the case “falling apart.”

But in a series of arguments by tweet, Kelly did not relent.

Polisi was unequivocal in her rejection of Kelly’s accusation, telling Mediaite “not a single penny was paid by Don Lemon or any of his representatives to Mr. Hice or anyone having anything to do with Mr. Hice.”

“The only monetary judgment in this case came from the Court ordering Mr. Hice to pay Mr. Lemon’s attorneys fees because of his egregious misconduct in this litigation,” she added. “It doesn’t get much clearer than that.”

“That’s not spin, that’s a fact, and there’s nothing more to say,” Polisi concluded.

Kelly insists that Polisi's word should not be taken seriously, and that eventually a payoff will be exposed. Until then, her claims remain just that -- claims, without actual evidence to support them.

The A-Block

Roe v Wade

President Joe Biden has weighed in on the leaked draft of a Supreme Court Roe v. Wade decision, calling for Americans to elect more pro-choice officials in order to regain the protection of abortion rights.

On Tuesday morning, the White House released Biden’s first statement on the leaked draft of a SCOTUS majority opinion which would overturn the landmark case. The president caveated his words by noting “We do not know whether this draft is genuine, or whether it reflects the final decision of the Court,” and after describing his administration’s efforts on behalf of abortion rights, urged American voters “o elect pro-choice officials this November.”

Since then, Chief Justice John Roberts has confirmed that the draft is genuine, and blasted the leak as both a "betrayal" and an attempt to undermine or abrogate the court's authority.

President Biden talked to reporters after the authenticity was confirmed, calling the opinion a "radical" decision that "would mean that every other decision related to the notion of privacy is thrown into question."

Everyone everywhere has likewise spoken out about one of the most significant pieces of news from the Supreme Court since ... well since Roe v Wade.

Laura Ingraham on Monday night was apoplectic about the leak, calling it a "naked attempt" to try to change the outcome of the court's deliberations, and Alan Dershowitz theorized a "liberal law clerk" was resopnsible. Ari Fleischer and Mike Huckabee called the leaking of the document an "insurrection," a variation on a refrain rocketing across conservative media.

Senator Lisa Murkowski said the decision has rocked her confidence in the court. Senator Susan Collins says he was caught off guard, after a video of her prior comments went viral. Leader Mitch McConnell, however, joined the conservative focus on the leak itself, ranting that 'liberals want to rip the blindfold off Lady Justice!"

MSNBC's Neal Katyal said "honestly I want to cry." Rachel Maddow and Chris Hayes warned of a "South America-style abortion ban." Hayes also thinks this could be the work of a conservative leaker. Joe Scarborough exploded on Tuesday morning, saying that this proves American's voices "no longer matter."

In fact, the thing motivating so many to express their views on TV and in print has concerned authorities in D.C. when it comes to the safety of the court itself.


LATEST ROE V. WADE COVERAGE HERE


🇺🇦 LATEST UKRAINE COVERAGE HERE


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Sony Reportedly Refused Chinese Government’s Demand to Scrub Statue of Liberty From Latest Spider-Man Film

RICHMAN: Trevor Noah Redeems the Comedy Portion of the White House Correspondents’ Dinner


RATINGS: April 29 - Baier Tops Hannity, Ingraham

Must See Clip

Tornado

Stunning drone footage captured the moment a strong tornado ripped through suburban Wichita, Kansas, on Friday evening just before dusk.

Some residents of the city of Andover began their weekend displaced or homeless. A strong EF3 tornado ripped through the community as a severe storm system passed through the area. Footage from the storm has gone viral.

It almost defies description - and hardly needs it.

Links We Like

Black Twitter Is Not a Place. It’s a Practice.
- Tressie McMillan Cottom, New York Times
Elon Musk Tweeted My Cartoon
- Colin Wright, Wall Street Journal
‘There Is No Ministry of Truth,’ Minister of Truth Confirms
- Nate Hochman, National Review
Just Admit That You Loooove Twitter
- Rebecca Jennings, Vox
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