Hannity and Dershowitz Display Their Utter Ignorance and Disrespect for the Constitution

On Wednesday Donald Trump announced that he intends to file a lawsuit against Facebook, Twitter, Google, and their executives for not allowing him to disseminate dangerously inflammatory lies. It’s a laughably pathetic legal stunt populated by a clown show of disreputable attorneys making preposterous arguments.

Fox News Sean Hannity

Trump’s lawsuit has been recognized by most legal experts as a frivolous abuse of the court system that is aimed more at fleecing his cult followers than prevailing in court. But undeterred by rational legal analysis, Fox News jumped eagerly into supporting Trump’s futile legal antics. On Wednesday evening Sean Hannity invited Alan Dershowitz to comment on the litigation. Dershowitz was a member of Trump’s impeachment defense team, so his prejudices and intellectual deficiencies are apparent. However, he was truly skirting the edges of coherence when he engaged in this exchange with Hannity:

Hannity: Seems like a strong case. But obviously nothing is a slam dunk.
Dershowitz: This is the most important First Amendment case of the 21st century, and it’s important because it pits freedom of speech on the one hand against the First Amendment on the other hand. That may sound paradoxical, but remember, it’s the high tech giants that are banning freedom of speech. They are censoring. But they are claiming the right to do so under the First Amendment. So they’re using the First Amendment as a sword against freedom of speech.

First of all, Hannity’s assertion that Trump has a “strong case” is contrary to reality. Not only does the case fail on legal grounds, it was filed in in the wrong jurisdiction – Florida rather than California – and may be dismissed on that alone. That’s just more proof that this is a charade for profit and that Trump and his lawyers don’t have any real intention of winning.

As for Dershowitz, he is making it hard to believe that he was ever regarded as a constitutional scholar. He began his remarks by portraying the case as “the most important First Amendment case of the 21st century,” when it isn’t actually a First Amendment case at all. For it to be a First Amendment case there would have to be government involvement in suppression of free speech. But Trump’s targets are all private companies. Trump’s lawyers are trying to claim that the social media companies are “government actors,” but that’s an imaginary label with no legal validity.

Where Dershowitz goes off the rails entirely is the nonsense that the “high tech giants” are claiming First Amendment protection to censor Trump. They are not. They have never asserted a First Amendment protection because they aren’t being suppressed by the government. What’s more, they have every right to monitor what appears on their websites. By Dershowitz’s standards, I should be able to force Fox News to give me airtime every night.

Furthermore, they are not “banning freedom of speech.” Trump, as he has said himself, has many opportunities to express himself, some of which he has claimed are superior to the companies he’s suing. “I’m really getting the big word out,” Trump bragged, “because we’re doing releases. And every time I do a release it’s all over the place. It’s more elegant than Twitter.”

Once again, Trump opens his big mouth and undermines his own arguments. In fact, his “releases” are actually undermining the entire premise of his lawsuit. Every time he makes incendiary statements about how the Radical Left Democrats will “further DESTROY our Country,” and that the 2020 presidential election was disgraceful and corrupt and “RIGGED and STOLEN,” he’s affirming the decisions by the social media platforms to remove his violence inciting account. So the more he keeps talking, the better. (Geez, I never thought I’d say that).

And meanwhile…

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How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.

Trump’s Perverse Impeachment Defense: He Should Not Be Impeached Even If He’s Guilty

The Senate trial of Donald Trump’s Articles of Impeachment is set to begin on Tuesday. In advance of that, the Democrats released a 111 page brief on how they intend to prosecute the case against Trump. It’s a detailed and comprehensive outline of the high crimes and misdemeanors that justify Trump’s conviction and removal from office.

Donald Trump, Constitution

On the other side of the aisle, Trump’s motley crew of Fox News lawyers released a shallow and lie-riddled response that hardly touches on the specific allegations against Trump. In fact, Trump’s official answer to the Articles of Impeachment is an emotional seven page rant that repetitiously makes a single point: that “the Articles of Impeachment are constitutionally invalid” because they “fail to allege any crime or violation of the law.” It further states that it is “a lawless process that violated basic due process,” and that its consideration would be “subverting the will of the American people.”

Every bit of that is utterly false and has no legal basis as a defense. The charge that there is no crime alleged is false because Trump’s efforts to coerce the Ukrainian president into aiding his scheme to smear Joe Biden is, in fact, a crime. So is withholding military aid allocated by Congress and signed by the President. So is ignoring Congressional subpoenas for documents and ordering his subordinates not to cooperate. But even if those weren’t crimes, it wouldn’t matter because the Constitution doesn’t require violations of criminal statutes. For one thing, there weren’t any criminal statutes at the time the Constitution was written.

As for due process, that is a right granted in courts of law conducting criminal prosecutions. Due process doesn’t apply here because impeachment is a political process conducted in the Congress. Even so, Trump was permitted to present his witnesses and defense, but he declined to do so. He even refused after complaining about not having such an opportunity. And he’s still refusing to allow witnesses and documents that he says are exculpatory.

The claim that impeachment “subverts” the will of the people is bizarre on its face. Was it subverting the will of the people when Clinton was impeached? How could any impeachment – which is, of course, in the Constitution – be pursued without the prospect of removing an elected president? To suggest, as Trump’s response does, that impeachment is “a dangerous attack on the right of the American people to freely choose their President,” is to assert that the Framers were out of their minds for including impeachment in the Constitution in the first place. They obviously didn’t include it with the intention that it never be used because it might result in a president being removed from office. And Trump probably shouldn’t raise the issue of “the will of the people” to “freely choose their President,” when he lost the election by 3,000,000 votes. If the will of the people were being respected, Hillary Clinton would be president.

To bolster his argument that impeachment is invalid, Trump assigned the newest member of Fox News legal team, Alan Dershowitz, the task of presenting his case to the media. Dershowitz was interviewed by George Stephanopoulos where he offered up this preposterous legal theory:

Stephanopoulos: Is it your position that President Trump should not be impeached even if all the evidence and arguments laid out by the House are accepted as fact?
Dershowitz: That’s right.

The foundation of Dershowitz’s argument is that abuse of power and obstruction of Congress do not meet the criteria for impeachment under the Constitution. So he isn’t arguing that Trump isn’t guilty of abuse of power or obstruction of Congress, only that, in his view, the Constitution allows him to do so.

Think about that. Dershowitz, as well as Trump’s defenders in Congress and the press, believe that a president may abuse power and obstruct Congress without ever having to worry about being held accountable. They can collude with adversarial foreign governments to interfere with an election. They can publish stolen emails and other private documents to smear their opponents. They can withhold critical funds in order to coerce foreign leaders to do their bidding on personal matters. And they can refuse to disclose such behaviors, and even lie about them to the American people.

That’s the crazy vision that Trump and the Republican Party are offering to the nation. That’s their depraved interpretation of the Constitution. And that’s the legal basis for which they believe Trump should be exonerated. They know that they cannot defend Trump as innocent, so they’re embracing his guilt as acceptable. That’s how far Trump and the GOP have fallen.

How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.

BONUS ADDITION: Dershowitz is flagrantly contradicting himself on the question of whether a crime is a necessary criteria for impeachment. In an interview with CNN’s Larry King in 1998, Dershowitz said that impeachment “certainly doesn’t have to be a crime if you have somebody who completely corrupts the office of president and who abuses trust and who poses great danger to our liberty, you don’t need a technical crime.” So there’s that. Democrats should play video of that during the Senate trial immediately after Dershowitz’s statement.

Reality TV Law: Trump Recruits His Impeachment Defense Team from Fox News

Donald Trump famously boasted that he “knows all the best people.” It turns out that that’s only true if what he meant by “best” was the foremost crooks, liars, and bootlickers. His administration has witnessed a parade of moral slackers and incompetents. He has fired more of his own appointees than any president in history. These are people that he lauded as “brilliant” until their termination, when he castigated them as “idiots.”

Fox News, Impeach Trump

A troubling hallmark of the Trump White House has been its reliance on staffers that Trump plucked from Fox News. They include Larry Kudlow, K.T. McFarland, Ben Carson, Sebastian Gorka, Richard Grennell, Jonathan Wachtel, Heather Nauert, and more. The truth is that Trump doesn’t really know anybody with any experience or record of accomplishment. He’s a former reality TV game show host who does nothing but golf, tweet, and watch Fox News.

So it comes as no surprise that as his impeachment looms before him, he resorts to the only source for personnel he’s familiar with to recruit his legal team. That team is already led by a frequent Fox News talking head, Jay Sekulow. And now Trump has announced that he’s filling up the roster with more of the same flunkies he’s seen over and over again on Fox.

The new members of Trump’s impeachment defense team are Ken Starr, Alan Dershowitz, Robert Ray, and Pam Bondi. All of them have been regular fixtures on Fox News as the network strives to host only those who will shamelessly suck up to the President by unflinchingly defending him and ruthlessly maligning his critics. And it’s from these televised auditions that Trump selects his closest associates and most trusted allies. This is a president who only values appearances. It is more important to him that his advocates perform well on television than that they exhibit intelligence, integrity, or fealty to facts. So let’s take a closer look at the stuffed suits Trump has hired to defend him:

Ken Starr…
…is best known as the independent counsel who couldn’t find any wrongdoing on the part of Bill Clinton, so he settled for a smarmy, albeit consensual, sex scandal as the basis for impeachment. Starr himself was later fired from his post as the president of Baylor University amid allegations of sexual misconduct on the football team. And another item on his resume is having worked for Trump pal and pedophile, Jeffrey Epstein.

Alan Dershowitz…
…is remembered as a member of the O.J. Simpson defense team. Trump likely appreciates his ability to get acquittals for people who are obviously guilty. He also must appreciate Dershowitz’s slobbering displays of affection and total faith in Trump’s purity and innocence. Dershowitz also worked for Epstein. Is this a pattern forming?

Robert Ray…
…took over the independent counsel office when Ken Starr left. Other than his frequent Trump-fluffing appearances on Fox and Friends, he isn’t particularly well known for anything significant.

Pam Bondi…
…is the former Attorney General for the state of Florida. She was caught in a campaign finance scandal wherein she accepted an illegal $25,000 donation from a Trump charity and then promptly dropped a case against his bogus Trump University that was later found to be guilty of fraud.

So the reality TV presidency is now being extended to the legal team that he’s relying on to absolve him of the high crimes and misdemeanors that led to his impeachment. It’s not much more than a cast of made-for-TV characters who will be preaching to the cameras and viewers at home, rather than to the assembled “jurors” in the Senate chamber. From Trump’s perspective this might seem like a smart move since the majority Republicans in the Senate have pretty much already declared their intentions to acquit him regardless of the evidence.

However, the American people are not going to be as forgiving as Trump’s GOP sycophants in Washington. They already believe that Trump is guilty, and a majority support his impeachment and removal from office. So it isn’t likely that Trump will find success in the melodramatic soap opera stunts deployed by this team of Fox News litigators. Team trump may have the system rigged for an acquittal, but the voters are going to hear all the evidence and make their own judgment come November.

How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.

Fox News Senior Legal Analyst on Trump: ‘The Remedy of Impeachment is Acutely Needed’

The impeachment of Donald Trump is finally being debated in the House of Representatives. The outcome is not expected to surprise anyone. Trump will be be impeached and will wear that mantle of disgrace for the rest of his life. Even if the Senate fails to remove him from office, the stain of impeachment is an indelible affirmation that Trump breached his constitutional duties and betrayed his country.

Donald Trump Walking the Plank

The partisan players in this battle are easily recognizable in most instances. Republicans and Fox News pundits are staunchly devoted to Trump regardless of what laws he has been shown to have broken. But every now and then someone steps out from behind the curtain of political prejudice to act as an advocate of truth and justice.

Now, as Trump’s impeachment looms, a lone voice from Fox News is standing up to the right-wing group-think that the network so rigidly enforces. Andrew Napolitano is Fox’s Senior Legal Adviser. And on Wednesday morning, as Congress was weighing Trump’s fate, Napolitano penned an op-ed with the headline: “Trump impeachment: Undisputed evidence that he abused his power.”

The article was published in the arch-conservative Washington times. For some reason, Fox News has been spiking Napolitano’s commentaries that support Trump’s impeachment. And this article had some blunt opinions on the matter. For instance…

“In Mr. Trump’s case, we have undisputed evidence that he abused his power by inviting a foreign government to interfere in the 2020 presidential election and then compounded this by directing subordinates to refrain from giving congressionally commanded evidence of his behavior.”

“It is undisputed that Mr. Trump withheld the delivery of the $391 million in military aid to Ukraine that Congress authorized and ordered and that Mr. Trump himself signed into law. He said he withheld that aid because he first wanted “a favor” from the president of Ukraine. The favor, requested by others on Mr. Trump’s behalf, was the announcement of a Ukrainian government criminal investigation of Mr. Trump’s potential political adversary, former Vice President Joe Biden.

“In the language of the streets, this is a shakedown; it sought to enhance Mr. Trump’s personal political needs and bears no relationship to American foreign policy.

Napolitano went on to describe the criminal violations Trump committed. They included the federal prohibition on soliciting campaign aid from a foreign government, and bribery. He also explained that these acts are crimes whether or not they are consummated by the exchange of money or services. It is the solicitation that triggers the offense.

And that’s not all. Napolitano also noted the criminal obstruction of justice by Trump for having “directed his subordinates to disregard congressional subpoenas, lawfully issued and validly served.” And he was troubled by Trump’s apparent belief that he is above the law. Napolitano made clear that this was dangerous, and that there is something that the Founders had in mind for just such a problem:

“Everyone who believes in the rule of law should be terrified of a president who thinks and behaves as if it does not apply to him. As the DOJ has stated repeatedly, impeachment is the proper constitutional remedy for that.”

Trump has been frantically trying to dodge accountability for his clearly impeachable activities. But his legal basis is virtually nonexistent, and he has refused to even defend himself before the committees of jurisdiction in Congress. Instead, he relies on bootlicking Fox News hacks like Gregg Jarrett and Alan Dershowitz (each of which he retweeted six times on Wednesday) for legal advice. Even worse, his idea of “legal scholars.” is Sean Hannity and Tucker Carlson.

Former federal judge Napolitano, on the other hand, says that “the remedy of impeachment is acutely needed.” But you can rest assured that Trump will dismiss that as fake news and malign Napolitano (who was a close friend of Trump’s for decades) as a Never-Trumper. That’s just how the mind of a paranoid narcissist works.

How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.

Fox News Recruits Trump-Fluffing Lawyer Alan Dershowitz to Smear Mueller and Michael Cohen

Thursday morning Donald Trump’s holiday season took a turn toward total apocalypse. And it wasn’t going all that well to begin with. This week alone Trump has exhibited his fear and desperation by attacking special counsel Robert Mueller as the new Joseph McCarthy, and posting deranged tweetstorms in a lame effort to undermine Mueller’s investigation. But the news this morning is certain to burst some blood vessels in Trump’s cartoon brain (or gut, as the case may be).

Robert Mueller Trump

Trump’s former personal attorney, Michael Cohen, appeared in court to plead guilty to lying to Congress with regard to Trump’s business dealings in Russia. This confession irredeemably implicates Trump in his own web of lies and certifies a motive for colluding with Russia.

The seriousness of these revelations cannot be overstated. Cohen’s testimony alleges that Trump was actively seeking to build a Trump Tower in Moscow while he was also running for president. Trump defended himself by saying that that isn’t illegal. He’s right. But he had no defense for his having lied repeatedly when he said that he had no such deals in Russia. And those lies were told in order to cover up the deals, perhaps because of the influence that Putin was holding over him while the election was in progress. In other words, collusion.

So what is a devotedly pro-Trump, State TV, propaganda network like Fox News to do in the face of this devastating news? Naturally, they will spin furiously and call up reinforcements to shield their Dear Leader from any harm. So anchor Bill Hemmer frantically searched his phone book and found just the right unprincipled shill to take on this looming crisis (video below): the reliably unethical legal gun-for-hire, Alan Dershowitz. And if anyone was skeptical of whether Dershowitz was a fully pledged member of the Trump cult, that skepticism can now be laid to rest.

Dershowitz put on show that cannot be described as anything but full-on supplication to Trump. He made utterly ludicrous legal arguments that would embarrass a first-year law student. He began by asserting that Cohen’s “credibility as a witness diminishes” because he admitting to lying. However, Mueller surely has documents corroborating Cohen’s testimony, so he isn’t just taking his word. That fact also destroys Dershowitz’s argument that “the special prosecutor is making his decisions off of false statements.” Then Dershowitz launched this absurdity:

“They are going to comb through every one of his answers and see if they can come up with anybody who can contradict anything the president said. That’s why it’s called a perjury trap. Because even if the president believes what he said was true, if somebody will contradict it, then the president can be charged with lying to government officials, which is the equivalent of perjury. So, that’s why it is so dangerous for anybody who is the subject of an investigation to answer questions by the prosecution, because the prosecution then combs through evidence, tries to get evidence that they can then use to show contradictions.”

First of all, “combing through answers” isn’t a perjury trap. It’s an investigation. And if Trump were to be contradicted, that isn’t perjury. He would have to be shown to be deliberately lying about material matters. Furthermore, it isn’t “dangerous” to talk to prosecutors. It’s dangerous to lie to prosecutors. Dershowitz is a law professor and presumably knows all of this. But that didn’t stop him from making this idiotic statement:

“The very fact that [Mueller] is conducting an investigation has created these crimes. These are not crimes that have been committed prior to his appointment. They are crimes that were committed as a result of his appointment. And that raises some questions about the role of special prosecutors in creating crimes or creating opportunities for crimes to be committed. In the end, I don’t think Mueller is going to come up with very much in terms of criminal conduct. This was before he was appointed. That is quite shocking.”

That isn’t shocking. It’s actually quite routine. Let’s say “Dave” robs a bank. Then the police begin an investigation to find the perpetrators. So Dave becomes concerned that his accomplice “Billy” might talk. So Dave kills Billy to shut him up. That’s a crime that was committed after the investigation began. Perhaps because of the investigation. But it’s still a crime and can’t be dismissed as something investigators “created” because they were investigating. Dershowitz’s argument is laughably incoherent. It suggests that there shouldn’t be investigations because criminals might commit additional crimes in order to avoid getting caught.

That’s the depth of the derpitude that Dershowitz is engaging in. And he’s doing it in the service of a corrupt president on a “news” network that exists only to disseminate disinformation and propaganda.

Now that the election is over, there are likely to be more public disclosures like this. Trump’s former campaign chairman, Paul Manafort is already digging himself (and Trump) into deeper holes. And Ivanka has gotten into her own “lock her up” email scandal. The White House is in total disarray with once loyal rats deserting (or being cast off of) the ship of state. And Trump is left with legal counsel like Dershowitz and Rudy Giuliani to shore things up. Good luck with that, Donnie.

How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.

Huh? Fox News Slams Bill Clinton for Being Seated Near Farrakhan at Aretha Franklin’s Funeral

Last week was a difficult one for many Americans, and particularly those close to music legend Aretha Franklin and senate icon John McCain. The media was more consumed with funerals than at any other time in recent memory. And, sadly, the services for these deceased notables were exploited for political gain by media cretins like Fox News who seem to have forgotten how to show respect for the families of the fallen.

Fox News, Bill Clinton, Louis Farrakhan

However, the passage of time over the weekend did nothing to temper the madness at Fox News. They must be getting pretty desperate for disparaging material to throw at their political enemies, because the latest assault really scrapes the bottom of the barrel.

In a segment on Fox and Friends (video below), the “Curvy Couch” potatoes served up a story that criticized President Bill Clinton for his attendance at Aretha Franklin’s funeral. The objection they had was that he was seated near Minister Louis Farrakhan of the Nation of Islam. Farrakhan is unarguably a repugnant bigot who has been inciting racial and religious hatred for decades. It was surprising to see him at the service for a woman known for her support of civil rights and her closeness to Rev. Martin Luther King Jr.

But for Fox News to make an issue of the seating arrangements is ludicrous. The intro to the segment had co-host Ed Henry saying that “The very controversial Nation of Islam leader who has notoriously declared that ‘Jews are my enemy’ and ‘white folks are going down,’ was seated prominently alongside former President Bill Clinton.” In fact, there were several references to Clinton sitting next to Farrakhan. But that’s a lie. Al Sharpton and Jesse Jackson were separating Clinton from Farrakhan.

More to the point, Clinton had nothing to do with the seating arrangements. He likely didn’t know who else was attending or where they would be seated. Does Fox News think that Clinton should have stood up and stomped out of Franklin’s funeral after spotting Farrakhan in the crowd? Apparently so. They even brought in Alan Dershowitz to suggest that option. And co-host Pete Hegseth was aghast at the lack of media whining about this scandalous chair affair, saying “What about the question to the elites of our country? This is not a story? They’re not blinking an eye.”

Of course, the reason the press isn’t blinking is because, in fact, it isn’t a story to anyone but the craven loons at Fox News who are grasping at straws to denigrate Clinton and any other Democrat that they happen to bump into. They previously faulted Clinton for looking in the direction of Ariana Grande when she was singing. Which is something that humans do while entertainers are performing. They also complained bitterly about the eulogies at both funerals when they thought expressions of unity, civility, and respect were attacks on Donald Trump. Now why do you suppose they thought that? Perhaps because he is anathema to those honorable personality traits?

It’s noteworthy that while America was mourning, Trump was golfing and tweeting. Maybe he DM’d his BFF Vladimir Putin. And what’s really worse: Clinton sitting near, but not speaking to, Farrakhan, or Trump lavishing effusive praise on, and doing the bidding of the murderous dictator and enemy of America, Putin?

How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.

With Mueller Looming, Trump Auditions Alan Dershowitz to Be His Newest Fox News Spawned Lawyer

The legal swamp that Donald Trump finds himself in continues to get deeper and muddier. The news that his personal attorney, Michael Cohen had his home and office raided can only be regarded as a bad omen. And while Trump is flailing in a legal morass, his legal representation is falling apart. Along with Cohen’s troubles, Trump lost his lead attorney, John Dowd, last week. And Dowd’s replacement, Joseph DiGenova, was hired and fired within the space of a couple of days.

Robert Mueller Trump

This leaves a legal team that consists of Ty Cobb and Jay Sekulow, neither of whom have any expertise in the sort of political intrigue that is engulfing Trump. Consequently, he needs to expand his legal roster with someone who has the appropriate skills and competence. Unfortunately, Trump doesn’t know anyone with those qualities. Plus, many of those people have already turned the President’s offer of employment down. The only people Trump knows are the ones he sees on television. That’s why he is now meeting with Alan Dershowitz, O.J. Simpson’s attorney and frequent Fox News guest.

Dershowitz has been spending a lot of time lately on Fox defending Trump and criticizing anyone who has an opinion that doesn’t advance Trump’s interests. Dershowitz insists that the special counsel, Robert Mueller, is running an illegal shop that should never have opened up in the first place. He believes that obstruction of justice cannot be alleged absent an underlying crime. Regarding pardons, he takes the absurd position that “engaging in a constitutionally authorized act cannot be the basis of a criminal charge.” Were that true, a president could solicit a hit man to murder an opponent with the promise that he’ll get pardoned.

Dershowitz has been actively arguing Trump’s case before the court of public opinion. And coincidentally, every opinion he expresses is one that’s pro-Trump. His prominence and obvious biases as aired on Fox News is certainly what brought him to Trump’s attention. So now he’s dining at the White House as the legal clouds surrounding Trump get more Stormy. That’s curious considering that just yesterday he told Sean Hannity that “I don’t give advice to the president except on television. If he wants to listen, he can listen.”

Well, now that may all be changing and Dershowitz will become Trump’s advisor. If not, there are still a bunch of wingnut, Trump-fluffing, Fox News “lawyers” up for grabs. “Judge” Jeanine Pirro, Gregg Jarrett, and Kimberly Guilfoyle are all prospects that Trump might consider. Although none of them would actually serve the purpose of advancing his legal interests, they sure could get booked on Fox News to spread his lies and propaganda.

How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.