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Five Years After Sandy Hook, Major U.S. Papers Still Have a Serious Gun Problem

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http://progressive.org/dispatches/five-years-after-sandy-hook-newspapers-still-have-gun-problem-171221/

On December 21, 2012, the National Rifle Association called a rare press conference to respond to the Sandy Hook Elementary School shooting in Newtown, Connecticut, which happened seven days earlier. The killing left twenty young children and six of their educators dead.

“The only thing that stops a bad guy with a gun is with a good guy with a gun,” said NRA Executive Vice President Wayne LaPierre, who took no questions afterward. Critics at the time derided his remarks as “tone-deaf,” but five years on, the NRA has still managed to defeat every subsequent attempt at gun reform in Congress.

What is the secret of the NRA’s success? It may involve the NRA’s ability to speak to and write for media outlets without being questioned, like it did after the Sandy Hook tragedy. Key to this strategy is the use of alleged “independent” experts who spread its pro-gun views throughout the press.

Take, for example, the pro-gun scholar, David Kopel. Today the news and opinion sections at both The New York Times and The Washington Post are out of sync over whether to disclose his receipt of NRA funding, while The Wall Street Journal misleads readers by never disclosing it.

“Writers and editors make their own decisions, which I don’t second-guess,” said Kopel in an email to The Progressive.

“I think most credible news organizations are pretty good about disclosing relevant information about those who write guest columns or op-ed pieces, and it is always best to provide similar disclosures about experts quoted in news stories,” Jane Kirtley, who teaches media ethics at the University of Minnesota, said in an email.

“The news people should not obey different rules from the opinion people,” said Ed Wasserman, a journalism ethics expert and Dean of the University of California Berkeley Graduate School of Journalism, in a telephone interview.

Washington Post editors disagree.

“The news department was not involved in how the opinion section chose to identify Mr. Kopel,” the Post’s Communications Manager Molly Gannon Conway said in an email. She was referring to how the paper’s opinion section discloses Kopel’s NRA funding while the news section does not.

Gannon Conway defended the news editors’ decisions, writing, “At times, Kopel’s positions have not been in sync with the NRA, even though one organization he is affiliated with gets some NRA funding. We don’t see a reason at this time to single out the NRA in referring to Mr. Kopel, given his affiliation with multiple entities, with varied sources of funding.”

Key to the NRA’s strategy is the use of alleged “independent” experts who spread its pro-gun views throughout the press.

David Kopel’s pro-gun positions rarely, if ever, seem out of sync with the NRA. It’s true, he does wear several hats. Mr. Kopel is an associate policy analyst at the libertarian CATO Institute in Washington, D.C., and an adjunct professor teaching one elective course a year at the Denver University law school.

Kopel’s main job is research director and Second Amendment project director at the Denver-based Independence Institute. A self-described “action tank,” the institute has received more than $2 million from the NRA’s Civil Rights Defense Fund since 2004, according to its publicly available tax filings. David Kopel is mentioned by name. He earns $194,258 per year from the Independence Institute, and has also long been its highest paid employee.

“If he is financially dependent on the NRA, you do have to point out that there is a relationship,” said Dean Wasserman of Berkeley.

Last month the Times ran a news story about “Ghost Guns,” homemade firearms that are hard to track. The story quoted David Kopel, describing him as “the research director of the Independence Institute, a libertarian think tank, who is also an adjunct professor of law at the University of Denver.”

In the story, Kopel compared the nation’s current level of gun regulation to “prohibition or quasi-prohibition,” adding that the nation’s allegedly restrictive gun laws are “the lever that pushes up homemade production.” That seems odd considering that gun laws have only grown more lax across the nation over the past twenty years. But, knowing that his Independence Institute has received NRA funding, his comments make a lot more sense.

The New York Times’s assistant managing editor for standards, Philip B. Corbett, declined to comment.

Three years earlier, Times’s opinion editors ran an online column by Kopel where he complained about, “Bloomberg’s Gun Control That Goes Too Far for the Average Citizen.” Might readers have looked at it differently had they known that the author was the top-paid employee at an NRA-funded think tank? I brought the matter to Times’ online opinion editors, and as previously reported in The Progressive, they “updated” Kopel’s author identification and changed the wording to note that his Independence Institute “has received NRA funding.”

Back in 2013, the paper still had a public editor, Margaret Sullivan, who is now a media columnist at the Post. She commented back then about the lack of disclosure in Kopel’s Times opinion pieces.

“The more readers know about the background of an opinion writer, the better they are served. And that applies here,” Sullivan told me after I pointed out to her that the paper had failed to disclose Kopel’s NRA funding with his 2013 article, “The N.R.A. Is Still Vital, Because the 2nd Amendment Is.” That piece ran little more than two weeks after the Sandy Hook tragedy in Newtown.

The Washington Post’s news and opinion sections are similarly out of sync. Only four days after the Sandy Hook shooting, the Postquoted Kopel in a news story saying that the AR-15 rifle used by the shooter was “the best-selling rifle in the country,” and that it would meet a future Supreme Court standard for being in common use.

A central goal of the NRA has been to normalize the use of military-style, semi-automatic rifles, some of whose models were outlawed for 10 years due to a now-expired federal ban on “assault weapons.” Yet the Post identified Kopel only as an independent scholar without mentioning his NRA funding.

This year in October, in another news story that ran three days after America’s largest modern mass shooting at a country music festival in Las Vegas, the Post similarly identified Kopel as “an adjunct professor at Denver University’s Sturm College of Law and an analyst at the libertarian Cato Institute,” never mentioning either his main position as Research Director of the Independence Institute or its steady receipt over more than a decade of annual six-figure NRA foundation grants, according to the foundation’s tax filings.

The Post’s online opinion section has done better. The paper runs Kopel’s opinion columns as part of The Volokh Conspiracy, a consortium of conservative-leaning legal scholars hosted by the Postonline. But for years, the Post ran Kopel’s columns without identifying his NRA funding.

The Post finally began noting Kopel’s NRA financial ties after a critical post by the liberal group Media Matters. The paper’s opinion editors quietly changed his identification retroactively in all his columns. Editors call that a “rowback,” as if to row backwards over water and then forward again to smooth any ripple of an error. On this point Post spokeswoman Gannon Conway declined to comment.

Both the news and opinion sections of The Wall Street Journal, meanwhile, have shared Kopel’s views with readers without ever disclosing his NRA funding. Journal editors declined to comment.

This incongruity among America’s top newspapers misleads readers. An easy online search of his name locates a “Supported Research” page (now outdated) on the NRA’s Civil Rights Defense Fund website with Kopel’s name listed multiple times.

Frank Smyth has written on the gun movement for The Progressive, MSNBC, and The Washington Post. His Mother Jones story after Sandy Hook, “Unmasking the NRA’s Inner Circle,” won the Society of Professional Journalists Delta Sigma Chi award for National Magazine Investigative Reporting.

Swamp Things: Texas Governor Abbott’s Debt to the Gun Lobby

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See the original article here: http://progressive.org/dispatches/swamp-things-texas-governor-abbott{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}99s-debt-to-the-gun-lobby/

Texas Governor Greg Abbott made no mention of guns at his press conference in Sutherland Springs about five hours after a man opened fire during a Sunday morning church service there, killing twenty-six people and wounding twenty. Instead, he spoke of the family members killed or injured, and asked for God’s comfort and guidance for the survivors and loved ones.

Later, after the shooter’s military conviction for domestic violence came to light, Abbott told CNN that David Kelley’s request for a permit to carry a concealed handgun had been rejected in Texas, and that, because of his prior record of domestic abuse, he should not have been allowed to buy rifles.

But ever since he ran for his first Texas legislative seat more than twenty years ago, Abbott has been a steady advocate for expanding Texans’ access to guns. He has earned a 100 percent approval rating from the National Rifle Association, and is proud of it.

“I supported #gun rights BEFORE the campaign began & have an A rating by @NRA,” Abbott tweeted during his last race. “I’ll keep Texas free.

What Abbott has not mentioned is that he owes part of his rise in Texas politics to the gun lobby.

Back in 2002, twelve years before the NRA publicly endorsed him for governor, the gun lobby used a law enforcement front group to quietly help elect Abbott as Texas attorney general. Back then, Democrats still held a majority in the Texas state house and in the Texas delegation to Congress. It was a time when the gun lobby was learning how to reach out to other right-leaning groups, forging alliances that predated both the Tea Party and the Trump campaign. It was the beginning of a redistricting or “gerrymandering” process that has since helped bring the Republican party in Texas and other states to unprecedented political power.

Abbott faced a tight race for attorney general against Austin’s popular mayor Kirk Watson. Shortly before the election, television ads appeared, attacking Watson for allegedly being soft on crime, and favoring Abbott, who was then a Texas Supreme Court justice, for supporting “the swift and aggressive prosecution of sexual predators and child pornographers.”

The ads were signed by the Law Enforcement Alliance of America. Mayor Watson said he had never before heard of this group. As I later reported in The Texas Observer in 2004, it was established in 1991 with a grant from the National Rifle Association, and opened offices just eleven miles away from NRA headquarters in Virginia. The Law Enforcement Alliance had a budget of $5 million in 2001. The Alliance’s attack ads often favored the same candidates as Texans for a Republican Majority, a group founded by then-Texas state house representative and later-U.S. House Leader Tom Delay.

Justice Abbott won the 2002 election by fifteen points—the same year that Texas Republicans gained control of the Texas House for the first time since Reconstruction. Attorney General Abbott later approved a Republican-led redistricting plan that soon helped give Texas Republicans a majority in the Senate as well. House Leader Delay was later tried and convicted of violating election laws, though this was overturned on appeal. But politicians like Attorney General Abbott continued to rise and he was elected Texas governor in 2014.

No one should doubt that the Law Enforcement Alliance was a front, one with a small office just off the Washington Beltway, rooted in the so-called “swamp.” Today its website still boasts color photos and topics like “2nd Amendment” and “Support Your Local Police.” But most of the text is just gibberish oddly in Latin, with the same lines and paragraphs repasted throughout the site.

The Alliance’s executive director for 23 years was James J. Fotis, now president of the National Center for Police Defense. Mr. Fotis recently wrote an op-ed for FoxNews.com in support of former Arizona sheriff Joe Arpaio, initially failing to disclose that his new charity had paid for Arpaio’s legal defense.

Until it become inert, the Alliance quietly influenced elections around the nation. The group succeeded in helping defeat twelve state-level candidates in fourteen years, according to an investigation by the Center for Public Integrity. It choose tight races, running attack ads often accusing candidates of being soft on crime. The candidates it targeted were in states including Kansas, Nevada, Mississippi, Illinois, Michigan and Arkansas.

These are classic gun lobby tactics. Last month, in response to the Las Vegas country music shooting, legal scholar David Kopel, the highest paid employee of the Independence Institute, penned an op-ed in The Wall Street Journal. He noted, correctly, that mass shootings are not as common as Senator Chris Murphy, Democrat of Connecticut, had just claimed, but did not disclose that his Institute has received more than $2 million since 2004 from NRA foundations.

After the Newtown Sandy Hook Elementary School Shooting, Mr. Kopel and another legal scholar who has received NRA grants, David T. Hardy, testified in Congress about gun violence without disclosing their NRA funding.

No wonder no one is talking about gun reform—even as mass shootings go on devastating communities. Instead, bolstered by the Trump Administration and Republican control of both the House and Senate, the NRA has publicly gone on the offensive for the first time in decades, seeking either a Supreme Court ruling or new federal legislation that would allow a permit to carry a concealed handgun issued in any one state like Texas valid across the country.

Governor Abbott recently signed one bill dropping the fee for a concealed carry permit in Texas to among the lowest in the country, joking about shooting reporters at the same time. After Hurricane Harvey, he promptly announced that concealed carry permits lost or damaged in the storm would be replaced at no charge. Governor Abbott is hardly the only elected official to benefit from the gun lobby, but his story reveals how they hide in the swamp.

Frank Smyth is a freelance journalist who has covered the NRA for more than twenty years, writing for The Village Voice, The Washington Post, The Texas Observer, MSNBC.com and The Progressive. He won a Society of Professional Journalists national investigative award for his Mother Jones story, “Unmasking NRA’s Inner Circle,” after the Sandy Hook massacre.

The Times Has Finally (Quietly) Outed an NRA-Funded “Independent” Scholar

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This article originally appeared in The Progressive on April 23, 2014 here.

The Progressive, April 23, 2014

by Frank Smyth

Last Friday The New York Times finally addressed a conflict of interest that it had been ignoring for years. Although, among the powerful institutions that have long done so, the Times is hardly alone. The matter helps illustrate how the gun lobby has managed to shape the nation’s gun debate without showing its hand. The news comes to light one day before the start of the National Rifle Association’s annual convention in Indianapolis.

David Kopel is the Research Director and Second Amendment Project Director of the Colorado-based nonprofit Independence Institute, which describes itself as a “free-market think tank.” He is an Associate Policy Analyst at the Washington-based Cato Institute, and an adjunct professor of advanced constitutional law at Denver University. Kopel is also the author of 15 books and 90 scholarly articles many having to do with the Second Amendment and gun policies.

Kopel is widely known as one of the nation’s leading legal scholars on gun issues, writing from a pro-gun rights perspective. He testified in the Senate last year as an apparent independent expert in the nationally televised hearings held in the wake of the Newtown, Connecticut Sandy Hook Elementary School tragedy. For even longer, he has regularly written opinion pieces for newspapers like The Wall Street Journal while being similarly identified as an independent scholar.

David Kopel has managed to establish himself as an independent authority on gun policy issues even though he and his Independence Institute have received over $1.42 million including about $175,000 a year over eight years from the NRA.

NRA officials at the nonprofit group’s Virginia headquarters declined to respond to repeated requests for comment.

Kopel, for his part, has rarely disclosed his NRA funding. But when presented with evidence of it, he has not denied it, either.

“If that’s her editorial judgement, that’s fine with me,” he said in a brief telephone interview on Friday from his Colorado office at the “Independence Institute” about a New York Times editor’s decision to disclose his NRA funding in an opinion piece under his byline posted the day before. “I’m not going to second-guess an editor.”

For years, Kopel’s defense of the gun lobby has been unmistakable. “Today, with 4 million members, the N.R.A. is one of the largest civic organizations in the U.S., and by far the largest civil liberties organization on the planet,” he wrote in the Times “Room for Debate” section last year less than one month after the Newtown Sandy Hook shooting.

Kopel also often suggests, much like NRA leaders, that there is little possible compromise in the gun policy debate. “The only item on the agenda of today’s antigun advocates that realistically could have prevented a psychopath from stealing his mother’s legally registered guns would be banning and confiscating the more than 300 million firearms in the United States,” he added in his Times’ piece last year right after a disturbed young man in Newtown used his mother’s guns to murder first his mother and then 26 others including 20 first-grade children.

Last week, in the same Times forum, Kopel painted former New York City Mayor Michael Bloomberg, who recently pledged to devote $50 million to promote gun reform efforts, as an extremist. “[A]ccording to my analysis, the Bloomberg version of background checks felonizes the vast majority of American gun owners.” A link embedded into the words “my analysis” refers to an article last spring under his byline in the National Review that similarly fails to disclose Kopel’s NRA funding.

His arguments often set up straw men that he then knocks down. How many gun control advocates or groups, for instance, have ever suggested that Mexico’s failed gun policies could somehow be a model for us? Yet Kopel recently wrote online in The Washington Post, one of two major newspapers to run his gun policy opinions last week, a piece titled “Mexico’s gun control laws: A model for the United States?”

News broadcasters and a leading journalism institute have also treated Kopel as an independent expert. Both PBS and NPR have brought him into gun policy debates as an apparent independent voice. The nonprofit Poynter Institute has asked Kopel to help lead seminars for journalists on gun policy issues including last spring during the Congressional gun debate. (This coming Friday Kopel will help lead a Firearms Law Seminar at the NRA convention in Indianapolis.)

Newspapers like The Christian Science Monitor have cited Kopel as an independent expert in news reports. Although two newspaper reporters, Ed O’Keefe and Tom Hamburger, in the news section of the Washington Post did identify Kopel’s NRA funding at least once last spring, after I broke news of it on MSNBC.com, and after the NRA itself began distributing one of Kopel’s opinion pieces during the Congressional debate over gun control legislation.

LAST FRIDAY at 3:53 PM in New York editors at The New York Times “Room for Debate” online section changed Kopel’s author ID on his opinion piece almost 22 hours after it had been originally posted. The change informed readers that Kopel “has received grant money from the National Rifle Association’s Civil Rights Defense Fund.” Kopel had been previously identified in this piece, like in his previous Times “Room for Debate” pieces, as an independent researcher, author and legal scholar.

Kopel received $1.39 million in grant money from the NRA Civil Rights Defense Fund between 2004 and 2011, according the Fox News affiliate television station in Denver, Fox31, in a May 2013 report by Eli Stokols. The report was about a lawsuit filed by Kopel and his Independence Institute on behalf of 55 of Colorado’s 62 elected sheriffs challenging Colorado gun control laws passed last year.

The same day that Kopel led a press conference with Colorado sheriffs to announce the law suit, Colorado resident Tom Mauser called the Independence Institute to ask the think-tank whether it has received money from the NRA. Mauser has been a well-known Colorado gun control advocate for years, ever since his 15-year-old son, Daniel, was one of 12 students murdered along with one teacher in the 1999 Columbine High School shooting.

“I asked them if they got money from the NRA, and they wouldn’t tell me,” Mauser told Fox31 Denver. “They said, ‘look it up for yourself.’”

In February 2013, less than one month after Kopel testified in the Senate, I reported in MSNBC.com that two of the Senate’s recent witnesses, Kopel and David T. Hardy, another legal expert who similarly testified at the nationally televised Senate hearing as an independent witness, had received over $108,000 and $67,500, respectively, from the NRA Civil Rights Defense Fund in 2011.

At the hearing, Senate Judiciary Committee Chairman Senator Patrick Leahy from Vermont read Kopel’s biography including his affiliations with the Independence Institute, the Cato Institute and Denver University Strum College of Law. Chairman Leahy jokingly added, “Did I get that all correct?”, before giving Kopel the floor. No one, not any Senators, Kopel or the press made any mention of his NRA funding.

Kopel later conceded to me that he has received NRA funds, but maintained that he was not obligated to disclose them.

“I’ve never heard of [a] think tank or interest group employees naming donors during legislative testimony,” Kopel wrote to me in an email last year.

Kopel’s role at the Independence Institute is larger than it appears. Dozens of staff members and experts including the institute’s President Jon Caldara are listed on the institute’s website. But the highest paid employee is not the organization’s president but Kopel who earned $187,666 including bonuses, a total of $67,000 more than Caldara in 2011, according to the group’s latest financial records available.

The same year, Kopel received not only one $108,000 grant from the gun lobby, but part of another grant from the NRA’s Civil Rights Defense Fund, this one for a $55,000 grant to him and two other Independence Institute scholars.  The NRA fund has continued supporting the Independence Institute, giving the group $317,500 in 2012, according to the NRA fund’s latest records on file.

Kopel has bona fide Ivy League credentials. He graduated with honors from Brown University and earned his J.D. magna cum laude from the University of Michigan Law School. He has written for scholarly journals at Yale, New York University, Johns Hopkins, Notre Dame and the University of Pennsylvania.

Kopel is a regular contributor, too, to “The Volokh Conspiracy,” an influential and self-described “libertarian, conservative, centrist” legal blog that since January has been hosted by The Washington Post. Kopel wrote another piece there on Monday arguing that both the First and Second Amendments “safeguard natural, pre-existing human rights.”

At the same time, Kopel’s gun lobby funding is now no longer in doubt. The question is how should those who give him a platform to air his gun rights views like Congress and the Times identify him to the public?

“The more readers know about the background of an opinion writer, the better they are served. And that applies here,” The New York Times Public Editor Margaret Sullivan told me last year in an email after I first broke news of Kopel’s NRA funding.

Last Friday, I forwarded her email to editors at the Times “Room for Debate” section, after they ran another one of Kopel’s pieces without disclosing his NRA funding. Editors made the change to identify Kopel’s receipt of NRA grant money little over an hour later, after first calling Kopel to confirm his receipt of NRA funds.

Kopel’s piece last Friday in the Times was part of an online series by six different authors about the nation’s gun policies pegged to both Bloomberg’s funding announcement and this weekend’s NRA convention. The series was titled, “Toe to Toe with the NRA.”

Frank Smyth is an independent, award-winning investigative reporter who has covered the gun lobby for The Progressive and MSNBC. His Mother Jones story last year, “Unmasking the NRA’s Inner Circle,” won the Society of Professional Journalists Delta Sigma Chi award for National Magazine Investigative Reporting. His clips are posted at www.franksmyth.com. Follow him on Twitter @SmythFrank.

– See more at: http://www.progressive.org/news/2014/04/187663/times-has-finally-quietly-outed-nra-funded-{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}9Cindependent{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}9D-scholar#sthash.OYfZhMvM.dpuf