Did Amy Coney Barrett Reverse a Decision to Make a Jail Guard Pay Damages for Raping a Female Inmate?
In June 2017, a federal jury awarded $6.7 million in damages to Shonda Martin, a woman who testified that she had been raped multiple times by guard Xavier Thicklen while she was being held in the Milwaukee County Jail in 2013: testified Martin arrived at the jail in February 2013 at the age of 19. She soon learned she was pregnant. She testified she could not control her activities or movements in jail; the guards did. Thicklen raped Martin in jail. He had sexual contact with her three times while she was pregnant, including vaginal intercourse, and two times after delivery. [Thicklen] told her he was in gray and she was in blue, and his co-workers would believe him and not her. She understood him to mean "he's in authority and ... he has power over me." She understood him to mean his co-workers would believe anything he said; he could falsely say she tried to grab or hit him, or tried to take his taser or gun, and she would be punished. She testified, "I believed everything he said.... I knew that his authority over me would trump anything that I said." Martin testified that during each sexual assault, Thicklen was in uniform, armed, and on duty working for County. All five assaults occurred in jail. Every time, he had to use his keys, power, and authority. He told her he would be fired if people found out. He took steps to hide the assaults. For example, he assaulted her off camera. Finally, on December 3, 2013, she reported the sexual assaults when she was concerned he possibly gave her a disease which spread to her child. An investigation began that day. She was transferred the next day. Thicklen was dismissed and prosecuted. This case (Martin v. Milwaukee County) came to widespread public attention over three years later, in October 2020, after President Donald Trump nominated U.S. Court of Appeals Judge Amy Coney Barrett to fill a vacancy on the U.S. Supreme Court. Barrett had been involved in an appeal of the case two years earlier, during which, a popular meme held, she had "reversed the lower court's decision to award" money to the victim: Martin v. Milwaukee County   As is often the case, the meme presented a simplified version of facts that could be considered misleading. Barrett was part of a three-judge Seventh Circuit Court of Appeals panel that heard an appeal from Milwaukee County. That panel did not "overturn" the damages award to Martin; rather, it ruled that because Thicklen's actions in sexually assaulting Martin were outside the scope of his employment, Thicklen alone  and not the county  was liable for paying those damages: scope of his employment Here, we may take it as granted that the sexual assaults occurred during the authorized time and space limits of Thicklen's employment (although there may be some question about whether Thicklen was actually authorized to be in the particular locations of the sexual assaults at the times he perpetrated them). But even when viewing the evidence in the light most favorable to Martin and the verdict, we hold no reasonable jury could find the sexual assaults were in the scope of his employment ... Uncontested evidence at trial demonstrated County thoroughly trained Thicklen not to have sexual contact with inmates. County expressly forbade him from having sexual contact with an inmate under any circumstances, regardless of apparent consent. County's training warned him that such sexual contact violates state law and the Sheriff's Office's mission. Martin argues [Thicklen] might have intended to exert power, dominion, and control over her by sexually assaulting her. But that inference, while reasonable, still does not bring the sexual assaults within the scope because under that theory he would still have pursued purely personal goals. Any power, dominion, and control asserted or achieved through these sexual assaults would "belong to" and "benefit" only him, not County, on these facts. Olson reminds us that an employee's being "at least partially actuated by a purpose to serve the employer" is a sine qua non of scope. Olson Martin presented no evidence at trial that the sexual abuse was similar in kind to work Thicklen was employed to perform. This case is distinguishable from cases involving excessive force by police officers. Some force, even deadly force, is sometimes permissible for police officers. But the rapes in this case were not part of a spectrum of conduct that shades into permissible zones. Inmate rape by a guard usually involves no gray areas. Even though all of the judgments against Thicklen (who was not a party to the appeal) were allowed to stand, in a practical sense the ruling meant the victim would likely collect little in damages, since Thicklen was not required to be indemnified by the county and likely does not possess assets worth anything close to $6.7 million  a fact the panel recognized: indemnified As an aside, we note our conclusion is consistent with the Wisconsin Supreme Court's understanding of the public policy behind [the state's indemnification statute]. Wisconsin courts have determined that the purpose of the statutory indemnification is to enable public employees to perform their duties without fear of having to pay out of pocket for such performance. Indemnification here would not further this purpose. We have sympathy for Martin, who loses perhaps her best chance to collect the judgment. But [the law] does not make public employers absolute insurers against all wrongs. Critics of Barrett's have noted that in a similar case heard by the Indiana Supreme Court in 2018 (Cox v. Evansville Police Department), involving sexual assaults committed by police officers, that court arrived at the opposite conclusion: Cox v. Evansville Police Department Two on-duty police officers  one in Fort Wayne and one in Evansville  sexually assaulted women, who then brought civil actions against the officers city employers. We address two theories of employer liability: (1) the scope-of-employment rule, traditionally called respondeat superior, and (2) the rules common-carrier exception, which imposes a more stringent standard of care on certain enterprises. We hold that the cities may be liable under the scope-of-employment rule and that the exception does not apply. Resounding in our decision today is the maxim that great power comes with great responsibility. Cities are endowed with the coercive power of the state, and they confer that power on their police officers. Those officers, in turn, wield it to carry out employment duties  duties that may include physically controlling and forcibly touching others without consent. For this reason, when an officer carrying out employment duties physically controls someone and then abuses employer-conferred power to sexually assault that person, the city does not, under respondeat superior, escape liability as a matter of law for the sexual assault. Investing officers with considerable and intimidating powers comes with an inherent risk of abuse. When that abuse is a tortious act arising naturally or predictably from the police officers employment activities, it falls within the scope of employment for which the city is liable. Thus, if an on-duty police officer commits a sexual assault by misusing official authority, the sexual assault is within the scope of employment if the employment context naturally or predictably gave rise to that abuse of official authority. Oddly, perhaps, in 2019 another three-judge Seventh Circuit panel (not including Barrett) similarly reversed a lower court's ruling to hold a Wisconsin county responsible for paying damages over the sexual assault of female inmates by a male jailer: reversed ruling Darryl Christensen, a former Polk County jailer, was convicted in 2016 of sexually assaulting five female inmates hundreds of times over a three-year period. Two of his victims, identified as J.K.J. and M.J.J., sued Christensen and Polk County over the assaults in federal court. The complaint claimed the county sheriffs department was indifferent to the risk of assault because it allowed one male officer with the ability to prevent the entrance of other jailers to supervise female inmates in areas without cameras. The county also deliberately chose not to accept state training materials regarding sexual assault in jails. A jury awarded the women $11.5 million in compensatory and punitive damages, of which the county was responsible for paying $4 million. Given that Christensen was sentenced to 30 years in prison for his conduct, this figure is the only part of the award the women will ever possibly receive. But in June [2019], a three-judge panel of the Seventh Circuit reversed the ruling against the county, holding that it could not be held accountable for the actions of a rogue guard who knew that he was violating jail policy, his training and the law. In that case, however, the full court voted to rehear the issue, and in a non-unanimous decision  with Barrett joining the majority  the court vacated the three-judge panel's opinion and upheld the original jury verdict that held both the county and Christensen liable for the latter's abuse of female inmates: vacated Darryl Christensens long-term abuse of J.K.J. and M.J.J. more than justified the jurys verdict against him. And the jury was furnished with sufficient evidence to hold Polk County liable not on the basis of Christensens horrific acts but rather the countys own deliberate choice to stand idly by while the female inmates under its care were exposed to an unmistakable risk that they would be sexually assaulted  a choice that was the moving force behind the harm inflicted on J.K.J. and M.J.J., U.S. Circuit Judge Michael Scudder wrote for the full courts majority. Based on the evidence presented at trial, the jury was entitled to conclude that if Polk County had taken action in response to the glaring risk that its female inmates health and safety were in danger, J.K.J. and M.J.J.s assaults would have stopped sooner, or never happened at all, Scudder said. His opinion was joined by U.S. Circuit Judges Diane Wood, Michael Kanne, Ilana Rovner, David Hamilton, Amy Barrett and Amy St. Eve. U.S. Circuit Judge Michael Brennan, who authored the original opinion, wrote a blistering 62-page dissent, and was joined by U.S. Circuit Judges Diane Sykes and William Bauer. Under the majority opinion, a single subordinate employee may secretly override municipal policy and create a new policy under which that public employer is accountable. That is vicarious liability, a collapse into respondeat superior against which the Supreme Court has repeatedly warned for 60 years, Brennan said. Diedrich, John.  "Woman Describes Rapes by Milwaukee County Jail Guard and Giving Birth While Shackled."
  Milwaukee Journal Sentinel.  5 June 2017. Diedrich, John.  "Jury Awards $6.7M to Inmate Raped by Guard in Milwaukee County Jail, Shackled During Childbirth."
  Milwaukee Journal Sentinel.  7 June 2017. Bailey, Lorraine.  "Full Seventh Circuit Finds Wisconsin County Liable in Prison Rape Case."
  Courthouse News Service.  15 May 2020. Bailey, Lorraine.  "Full Seventh Circuit Hears Debate Over Municipal Liability in Prison Rape."
  Courthouse News Service.  5 December 2019.
Editor's note: Shortly after this article was published, U.S. President Donald Trump vetoed the National Defense Authorization Act. You can read more about Trump's veto here from the Associated Press. The original article continues below. Associated Press House Resolution 6395, or the National Defense Authorization Act for Fiscal Year 2021 (NDAA), was surprisingly controversial during the final weeks of 2020. U.S. President Donald Trump threatened to veto the military budget bill, which passed the House and Senate with more than a two-thirds majority vote, because it did not call for the removal of Section 230, an unrelated piece of legislation that provides internet publishers legal immunity from third-party content.  threatened to veto Section 230 On Dec. 22, 2020, conservative commentator Chuck Callesto claimed that there was another reason Trump might want to veto the bill. Callesto wrote that the NDAA contained a provision that "Nullifies the President's use of the Insurrection Act."   While Callesto presents his claim as if he is quoting directly from the bill, the phrase "nullifies the President's use of the Insurrection Act" does not appear anywhere in the NDAA (which numbers 1,480 pages, not 5,893 as Callesto claimed), the full text of which can be found here.  here Insurrection Act House Amendment 833 It's a bit of a moot point, however, as this amendment did not make it into the final bill. As of this writing, the NDAA does not include any language pertaining to the Insurrection Act.  The Hill reported on Dec. 6 that the amendment pertaining to the Insurrection Act was removed as Congress debated the NDAA: reported The NDAA also includes a modest rebuke of Trumps use of Pentagon funding on his southern border wall. The compromise includes House-passed language capping emergency military construction spending at $100 million annually for domestic projects. Trump took $3.6 billion from military construction funds to build the wall. The compromise jettisoned some rebukes of Trump, including House-passed language to restrict a presidents Insurrection Act powers and block funding for a nuclear test. But this year stands in stark contrast to last year, when most of House Democrats efforts to box in Trump on defense policy were stripped from the final product. In summary, the viral tweet claiming that the NDAA "nullified" the Insurrection Act is based on a House amendment proposed in July that would have restricted (not nullified) the president's use of the Insurrection Act. This amendment, which would have required the president to make certifications to Congress before invoking the Insurrection Act, did not make it into the final form of the legislation. In late July 2020, Snopes readers asked for verification of numerous social media posts that stated Target had canceled its annual "Shop with a Cop" program, which is officially known as "Heroes & Helpers," in an effort to "distance themselves from Police Officers." Here is an example of one such post circulating on Facebook:   Similar posts also made the rounds on Twitter, and to add to the confusion, a website called The Courier Daily only reported that people were talking about the rumor on Twitter but didn't offer any evidence for the claim. posts website We reached out to the source itself, asking Target Corporate whether it had ended the long-standing program that pairs children from low-income backgrounds with local law enforcement officers for holiday shopping trips funded by charitable donations. A spokesperson for Target told us that the program will continue, although details about how it will move forward amid the COVID-19 pandemic are still pending. In response to our question asking whether the program had been canceled, the company sent the following statement: We plan to continue to support children with Heroes & Helpers events across the country this holiday season. Like many of our holiday programs, were carefully considering how to manage these events during the COVID-19 environment in a way that ensures the health and safety of our team and guests. We will have additional details to share as we approach the holiday season. The program was launched in 2009 and takes place in stores nationwide. To date, $5 million in grants has been used to support the shopping trips, and more than 100,000 children and 60,000 police officers have participated, per Target. program The false social media rumors may have been inspired by the fact that since the May 25, 2020, death of George Floyd in Minneapolis police custody, there have been ongoing protests against and conversation about police violence and racism in America, spurring calls to reform policing practices and even some activists calling for police departments to be defunded. George Floyd However, Target, as of this writing, doesn't plan to cancel the program as a result of the racial justice protests. With the information currently available, we rate this claim  A Bullseye View.  "Target Teams Up with Donnie Wahlberg to Celebrate 10 Years of Heroes & Helpers."
  4 December 2019. Trujillo, Damian.  "Shop With a Cop Foundation Considers Name Change to Reconnect with Community."
  KNTV.  2 July 2020. Hill, Evan, et al.  "How George Floyd Was Killed in Police Custody."
  The New York Times.  31 May 2020. An image supposedly showing a "Beware of Artists" poster issued during the 1950s by Joseph McCarthy, a U.S. senator known for making accusations of treason and spreading fears of communism, is frequently shared on social media: frequently shared social media The poster reads, "Beware of artists. They mix with all classes of society and are therefore the most dangerous":   The McCarthy era certainly saw its fair share of propaganda posters, and artists  particularly filmmakers  were often the targets of Congressional investigations into "un-American activities." Although the poster displayed above may express the sentiments of that time, its phrasing did not originate in the 1950s. propaganda posters This warning about "dangerous" artists can actually be traced back to the 19th century. In 1845, Leopold I, King of the Belgians, wrote a letter to Queen Victoria in which he expressed a similar warning against artists (emphasis ours): letter expressed The King of the Belgians to Queen Victoria. St. Cloud, 10th October 1845. My Dearest Victoria - All you say about our dear Albert, whom I love like my own child, is perfectly true. The attacks, however unjust, have but one advantage, that of showing the points the enemy thinks weakest and best calculated to hurt. This, being the case, Anson, without boring A. with daily accounts which in the end become very irksome, should pay attention to these very points, and contribute to avoid what may be turned to account by the enemy. To hope to escape censure and calumny is next to impossible, but whatever is considered by the enemy as a fit subject for attack is better modified or avoided. The dealings with artists, for instance, require great prudence; they are acquainted with all classes of society, and for that very reason dangerous; they are hardly ever satisfied, and when you have too much to do with them, you are sure to have des ennuis... Your devoted Uncle, Leopold R. We have not been able to determine who revised King Leopold's words into a more modern phrasing or exactly when posters bearing those words may have been created, but we found no record of such a poster's circulating during the 1950s. The earliest iteration of this image we've found (multiple online versions of this version employ different fonts, colors, and composition) only dates as far back as 2012. versions version different 2012 This "Beware of Artists" poster is a modern expression of a political opinion that has been extant since at least the mid-1800s. Queen Victoria.  The Letters of Queen Victoria: A Selection from Her Majesty's Correspondence Between the Years 1837 and 1861.
  Longmans, Green, and Company, 1907. Schwab, Katherine.  "The NSA's Newly Declassified Propaganda Posters Are Wild."
  Fast Company.  6 August 2018. Claim:  Canadian Richard Brunt penned an open letter about America's midterm elections.  On 7 November 2014, shortly after midterm elections in the U.S., the Detroit Free Press published Canadian Richard Brunt's open letter to American voters, a missive that quickly went viral on the Internet: published  A Canadian perspective on the #GOPtakeover. pic.twitter.com/NmBaPjnqju #GOPtakeover pic.twitter.com/NmBaPjnqju  Rick Strandlof (@RickStrandlof) November 9, 2014 November 9, 2014  Brunt wrote in his letter, titled "You Americans have no idea just how good you have it with Obama," that his fellow Canadians were confused about the results of the midterm elections. For Brunt, the Republican gains in those elections did not make sense to him when things were seemingly going so well in the U.S.:  Many of us Canadians are confused by the U.S. midterm elections. Consider, right now in America, corporate profits are at record highs, the country's adding 200,000 jobs per month, unemployment is below 6%, U.S. gross national product growth is the best of the Organization for Economic Cooperation and Development (OECD) countries. The dollar is at its strongest levels in years, the stock market is near record highs, gasoline prices are falling, there's no inflation, interest rates are the lowest in 30 years, U.S. oil imports are declining, U.S. oil production is rapidly increasing, the deficit is rapidly declining, and the wealthy are still making astonishing amounts of money. America is leading the world once again and respected internationally  in sharp contrast to the Bush years. Obama brought soldiers home from Iraq and killed Osama bin Laden. So, Americans vote for the party that got you into the mess that Obama just dug you out of? This defies reason. When you are done with Obama, could you send him our way? Richard Brunt Victoria, British Columbia The letter was soon shared thousands of times on Facebook and Twitter by both Republicans and Democrats, although their reasons for sharing the message were very different:  Hey Richard Brunt, of Victoria, British Columbia... if you want our Obama, you can have our Obama.  Frank Miani (@FJM2425) November 11, 2014 November 11, 2014  Richard Brunt from British Columbia, telling it like it is... pic.twitter.com/OKm0Rkfu5x pic.twitter.com/OKm0Rkfu5x  Baumer Kid (@bostonsboy87) November 11, 2014 November 11, 2014  Richard Brunt's letter represented one man's opinion, but it wasn't the first such expression of admiration from fans of President Obama up north. In a 2009 article titled "Canada's Love Affair with Barack Obama," for example, author Charlie Gillis wrote: Charlie Gillis We love him, with an asterisk. The broad-band smile, the Lincolnesque bearing, the sense of the man as an avatar of multiculturalism  it all makes Barack Obama the perfect U.S. president in the eyes of Canadians. Heaven knows we've been waiting. When the motorcade rolls down Wellington Street, or pulls up to Rideau Hall, you can expect dewy-eyed kids to line barricades with paper flags, no matter how foul the Ottawa weather. Eighty-two per cent of us say we approve of Obama, the polls indicate, and the number requires a moment to digest. Never mind American politicians. Who's the last American we can say that about?   Last updated:  11 November 2014 Following the Oct. 25, 2023, election of U.S. Representative Mike Johnson, R-La., to the post of Speaker of the House, a meme attributing the statement "Every American woman has a duty to birth at least one able-bodied worker" to him went viral: meme  Snopes has not identified any instance of Johnson saying these words. They instead appear to stem from an inaccurate paraphrase of a statement Johnson made about Roe v. Wade. Democrats on the House Judiciary Committee, and others, posted the seed that spawned that meme on social media following Johnson's election: others posted During a House Judiciary Committee hearing, Rep. Mike Johnson attacks Roe v. Wade, insisting that if only women were compelled to bring more "able-bodied workers" into the world, Republicans wouldnt need to slash Social Security and Medicare. pic.twitter.com/RGzg09TYEW pic.twitter.com/RGzg09TYEW  House Judiciary Dems (@HouseJudiciary) October 25, 2023 October 25, 2023  "During a House Judiciary Committee hearing," the post read, "Rep. Mike Johnson attack[ed] Roe v. Wade, insisting that if only women were compelled to bring more 'able-bodied workers' into the world, Republicans wouldnt need to slash Social Security and Medicare." This is a fair characterization of arguments made by Johnson during a May 11, 2022, House Judiciary Subcommittee hearing that discussed, in part, Supreme Court ethics. post hearing Johnson shared this excerpt to his official YouTube channel in the form of a video titled "Congressman Johnson on Overturning Roe v. Wade: I will not yield" on the day of the hearing. Viral versions of the video circulating in October and November 2023 omitted the middle paragraph of Johnson's remarks, which are shown below: a video Roe v. Wade gave constitutional cover to the elective killing of unborn children in America. Period. Think about it. Let it settle on you. As a result, the lives of more than 63 million American children have been lost. Think about the staggering implications of that. I was born in January, 1972. I'm just a year older [...] than Roe. [...] 63 million represents somewhere between one half and one third of my entire generation. My high school class should have been almost twice as large as it was [...]. If you're under the age of 50, your class should have been twice as larger, maybe a third larger than it was. Your classmates were not allowed to be born. You think about the implications of that on the economy. We're all struggling here to cover the bases of social security and Medicare and Medicaid and all the rest. If we had all those able-bodied workers in the economy, we wouldn't be going upside down and toppling over like this. Listen, [...] Roe was a terrible corruption of America's constitutional jurisprudence. Viral posts on social media following the shorter Oct. 25 release of the video were quick to paraphrase the statement in ways similar to the meme form in circulation now. One representative post from Oct. 28 on X that had received over 500,000 views at the time of this reporting compared Johnson to Chinese President Xi: post Chinese President Xi: "Every ... woman has a duty to birth at least one able-bodied worker." Wait... That wasn't Xi. Or any communist. That was GOP Speaker of the House Mike Johnson. NPR affiliate Red River Radio KDAQ, which serves East Texas, Louisiana, Arkansas and parts of Mississippi, quoted a local activist who repeated the above characterization of the quote as if it were fact in an Oct. 31, 2021, story: serves quoted Local LGBTQ activist Alana Oldham tells me the mood has changed lately, into a climate of fear for some. Im 53 years old and Ive been out as a lesbian since I was 18 and Ive never once been afraid for my safety until 2023 happened. Oldham cites one remark in particular by Johnson that left the greatest impression on her: Im looking at this quote from Mike Johnson where he says every American woman has a duty to birth at least one able-bodied worker. And that is just, thats Handmaids Tale level scary stuff. remark duty to birth The KDAQ story, which repeated a second-hand characterization, is the only media source attributing the quote  as it appears in memes  to Mike Johnson. Because the underlying source that serves as the basis for that statement does not use these words, the claim that he said them is False. About Us. Red River Radio, https://www.redriverradio.org/about-us. Accessed 6 Nov. 2023. Chinese President Xi: Every ... Woman Has a Duty to Birth at Least One Able-Bodied Worker. X (Formerly Twitter), https://twitter.com/iche_me/status/1718251006092324882. Accessed 6 Nov. 2023. Congressman Johnson on Overturning Roe v. Wade: I Will Not Yield. www.youtube.com, https://www.youtube.com/watch?v=fdyifVvEO-w. Accessed 6 Nov. 2023. During a House Judiciary Committee Hearing, Rep. Mike Johnson Attacks Roe v. Wade, Insisting That If Only Women Were Compelled to Bring More Able-Bodied Workers into the World, Republicans Wouldnt Need to Slash Social Security and Medicare. X (Formerly Twitter), https://twitter.com/HouseJudiciary/status/1717183190463336780. Accessed 6 Nov. 2023. Markup: H.R. 6943, the Public Safety Officer Support Act of 2022" | Part 1. www.youtube.com, https://www.youtube.com/watch?v=Z6Um3ZwhDKU. Accessed 6 Nov. 2023. Speaker Johnsons Shifting Sands of Public Opinion. Red River Radio, 31 Oct. 2023, https://www.redriverradio.org/2023-10-31/speaker-johnsons-shifting-sands-of-public-opinion. In January 2017, a photograph appeared to show a poster on display at the United States Holocaust Memorial Museum in Washington, D.C., listing off early warning signs of looming fascism: In the US Holocaust Museum.I'm shook. pic.twitter.com/EeuHEXWusE pic.twitter.com/EeuHEXWusE  Sarah Rose (@RaRaVibes) January 30, 2017 January 30, 2017 The picture wasshared with criticism of President Donald Trump, as people claimed that his administration had alreadychecked off several of the boxes on the list: shared checked The posteris real, in the sense that it exists in a physical form; however, it was not created by the United States Holocaust Memorial Museum, nor was it on display at one of the museum's exhibits.  You can see a price tag in the bottom right corner of the viral image. Sarah Rose, who first shared the photograph on social media, confirmed to us that she took thepicture in the museum's gift shop. We reached out to the USHHM to confirm that it sold a poster showing "early warning signs of fascism," and they told us that themuseum no longer carries theposter. The list was originally created by Laurence Britt in 2003, for an article published by Free Inquiry magazine (a publication for secular humanist commentary and analysis). While subsequent postings of thelist often attribute it to "Dr. Laurence Britt," the author saidthat he was not actually a doctor (nor did he claim to be). Britt himself said that he could be more accuratelydescribed as an amateur historian: Laurence Britt said I've read this thread with interest. For your information I never made a claim that I was a "Dr." Someone on the internet made that ASSUMPTION when they passed on the artice. I am a retired bsunessman with a life long interst in history and current events. I have a personal book collection on these subjects of over 3000 volumes. I've contributed chapters to three books, written another, and am working on a second. I've written aproximately 25 magazine and newespaper articles on political and econmic affairs. I spent about 200 hours researching the fascism article building on a lifetime interst in the subject. My novel, "June , 2004" was written in 1997 and published in 1998. It was a fictional treatment of a future of fascism in America, which has turned out quite predictive of actual events since it was published.Regards, Larry Britt Britt created this list during George W. Bush's tenure as president of the United States. While he did not actually nameBush, he wrotein theoriginal articlethat some of the early warning signs had alreadymanifested in the United States: Does any of this ring alarm bells? Of course not. After all, this is America, officially a democracy with the rule of law, a constitution, a free press, honest elections, and a well-informed public constantly being put on guard against evils. Historical comparisons like these are just exercises in verbal gymnastics. Maybe, maybe not. While the text in the image is difficult to read, another version of theposter sold bySyracuse Cultural Workers carries the same (more legible) disclaimer: Syracuse Cultural Workers   Laurence W. Britt wrote about the common signs of fascism in April 2003, after researching seven fascists regimes. Those were Adolf Hitler's Nazi Germany, Benito Mussolini's Italy, Francisco Franco's Spain, Antontio de Oliveira Salazar's Portual, George Papadopoulos's Greece, August Pinochet's Chile, Mohamed Suharto's Indonesia. These signs resonate with the political and economic direction of the United states under Bush/Cheney. Get involved in reversing this anti-democratic direction while you still can! While it is true that this poster exists, it was not displayedtheUnited States Holocaust Memorial Museum, and has since been removed from its gift shop. Riese, Monica.  "Holocaust Museum Poster on 'Warning Signs of Fascism' Goes Viral."   The Daily Dot.  30 January 2017. Britt, Lawrence.  "Fascism Anyone?"   Free Inquiry.  31 March 2003. The Right Stuff.  "14 Warning Signs of Nothing in Particular."   22 January 2014. Claim:  If John Kerry were elected President, the Secret Service would have to protect him and every property he owns for the rest of his life. Status:  False. Example:  [Collected on the Internet, 2004] You will pay upkeep/Secret Service for 5 Kerry mansions.  It is good to be John F. Kerry....... The F stands for Forbes in case you ever wondered. He is one of the richest Senators in Government. When someone is elected president, it means the Secret Service has to protect the President and his family as well as his property. The Kerry's have five US properties not counting the several foreign properties they own too. The cost to run these homes are more than what the average American could afford, even if the rent was free, and all you had to pay the water, gas & electric. Including ground keepers, maintenance, pool, and house keepers. To be President would require the taxpayers to pay for all that now if elected. Including a complete staffed Secret Service security 24 hours a day. In addition to that we will have to pay for each of their homes for security improvements even if they never go to them all there is that just in case. Who do you think will pay for all this? We Pay! This takes all the expense off Kerry and puts it on us. Nevertheless, factor another major cost to Americans that Kerry does not want you to know about. Becoming president would automatically include taking care of all their properties with Secret Service Agents that includes 5 agents per 6 hour shift 4 times a day 365 days of the year for the rest of their lives so long as they own those properties. It comes with being President once you are elected. It requires us the taxpayers, to pay for this as well as his annual salary as well as his retirements including the cost of living adjustments to boot.  These salaries and agents protect all their real estate property with Secret Service Agents and pay the bills for the rest of his life. In addition, feed the Secret Service Agents and rotate new ones every 6 hours for the rest of his life. Do the math. Five properties need to be protected. This requires five Secret Service Agents per shift, daily every six hours, per property! That is 20 Secret Service Agents per day per property everyday including Holidays. Wow, what does that cost? Lets say an average of 20 agents per property, each earning a about $60K per agent to survey the perimeters and protect. Now times that by five properties so far. That is if the Kerry's do not buy any more properties afterwards. This also includes the Agents vehicles and repairs, gas, meals, days off, paid vacation, and medical plan visits etc per agent. Who pays? YOU pay, the whole time they are alive after becoming President! Is this the best use of our tax money electing Kerry to take care of all their properties both foreign and domestic? On the other hand, shouldn't he pay for his own? Yet, the Presidential salary could not afford it. The more I think about paying for Kerry's properties everyday, just makes me happy keeping President Bush all the more merrier. Without raising taxes to boot. How on earth would Kerry pay for everyone to have Healthcare, increase our military, and have us pay to protect his investments, all without raising our taxes? Tax and spend Kerry is his party motto. Which really has to make you wonder why anyone with his wealth, would take a salary of that of a U.S. Senator, never mind wanna be President? Do you believe him now why he needs to be the Prez? To serve the people? On the other hand, the people serve Him and his wife! IF YOU AREN'T COMPLETELY APPALLED, THEN YOU HAVEN'T BEEN PAYING ATTENTION Origins:   The fact that Senator John Kerry's middle name is "Forbes" is about the only piece of information this latest political diatribe gets  right. John Kerry and his wife, Teresa Heinz Kerry, together own several homes, but since they signed a prenuptial agreement and have kept their premarital assets separate,  a Boston townhouse (which John Kerry mortgaged in 2003 to finance his presidential bid) is the only one of these homes that they technically own as a couple.  The government is obligated to provide Secret Service protection to the President and his immediate family, so if John Kerry were elected to that office, of course he and his family would be entitled to the same level of security detail that the Secret Service provides to every President.  That protection might indeed include the use of public funds to pay the costs of installation and maintenance for security systems at some of the Kerrys' homes, because the protection of First Families is viewed as a right and proper charge upon the nation.  Security measures of this level would not be specific to the Kerrys; the homes of all Presidents are treated this way, as (to a lesser extent) are the homes of all former Presidents.  homes It is not true, however, that every single residence owned by the either of the Kerrys (whether it be in America or abroad) would be staffed by five Secret Service agents around the clock, and that those agents would be guarding the Kerrys and all their properties for the rest of John Kerry's life.  Secret Service staffing levels vary as the situation requires, and lifetime protection for former Presidents and their spouses was eliminated by Congressional legislation in 1997.  President Clinton and his wife, Hillary, are the last First Couple who will receive such a benefit; President George W. Bush and all who succeed him in the White House will be limited to receiving Secret Service protection for a period of not more than 10 years from the time they leave office.  protection In any case, the idea that U.S. voters would have to pay higher taxes if John Kerry were elected President in order to "protect his investments" is just silly.  The projected U.S. federal budget for 2005 is $2.4 trillion  the amount of money spent to protect the President and his family (whoever that President might be) is but a teeny-tiny fraction of a drop in that vast bucket.  The only thing sillier than that notion that taxes would have to be raised to protect a putative President Kerry is the suggestion that the cost of Secret Service protection should be a factor in voters' choosing who should serve as President of the United States. budget For more information about the protection afforded former Presidents, see our article about a similar rumor that was attached to the previous First Couple when President Bill Clinton left office in 2001. article Last updated:  2 October 2004    Sources:   Burger, Timothy and Kenneth Bazinet.  "Hil and Bill Buy 3M Home, Sweet Home in Capital."   [New York] Daily News.  30 December 2000  (p. 6).     DeFrank, Thomas.  "1st Family's N.Y. Bunker."    Fuchs, Marek.  "First Family's Arrival Changes the Focus of Secret Service Office."   The New York Times.  29 October 2000  (Weekend Calendar; p. 5).     Grove, Lloyd.  "The Reliable Source."   The Washington Post.  12 January 2001  (p. C3). On July 5, 2021, the U.S. women's soccer team defeated Mexico 4-0 in their final match before the Olympic Games. While many cheered America's accomplishment, conservative commentators started to share a video along with the claim that the team had "disrespected" the 98-year-old World War II veteran, Pete DuPr, who performed the national anthem on his harmonica.  The controversy was a bit unclear from the start. Dinesh D'Souza, for instance, claimed that the players had turned their backs on the veteran during the performance. Richard Grenell, former acting director of U.S. national intelligence, claimed that they turned their back on the flag.  Dinesh D'Souza Richard Grenell,   Both of these messages (as well as the articles, videos, and additional tweets pushing this claim) mischaracterized the actions of the U.S. women's soccer team.  While the video (below) does appear to show some awkward positioning (some players were facing forward while some were facing to the side), this was not a protest or a gesture of disrespect against the flag or the veteran. When DuPr began his performance, some players opted to face him, while others turned to face an American flag at the end of the stadium.  When you watch the video below, pay attention to the direction the audience members were facing behind DuPr . Many of them were angled away from the harmonica-playing veteran and toward a flag at the end of the stadium. This is the same direction that the players were facing. As the flag is a bit difficult to see in the video (since it is only shown at the far-end of the field), here's a photograph from sports reporter Jeff Kassouf that shows the location of the flag for reference: photograph from sports reporter Jeff Kassouf  Here's a video of DuPr's performance of the National Anthem from ESPN:  Many of the people claiming that the U.S. team "disrespected" this veteran or the flag noted that the Mexican team was facing forward. It's worth noting that the members of Mexico's soccer team were facing their flag (in the same direction as the U.S. players) when the national anthem of Mexico was played.     The claim that the U.S. Soccer team disrespected this veteran is also contradicted by the fact that the players signed a ball for DuPr after his performance. Meghan Rapinoe, for example, who can be seen in the video facing toward the flag, not DuPr, can be glimpsed in this video signing a ball for the veteran:   Some U.S. soccer players, such as midfielder Cari Lloyd, have also disputed this claim on social media:  The U.S. soccer team also posted a statement on Twitter:  The claim that the U.S. women's soccer team was protesting during veteran DuPr's National Anthem performance is not true. The players did not turn away from this veteran. They turned toward the U.S. flag. In March 2019, news reports emerged warning readers in the United States that they would need a new kind of visa to visit Europe beginning in 2021, prompting inquiries from our readers about the veracity of those claims.  On 9 March, CNN published an article with the headline, "United States citizens will need a visa to visit Europe starting in 2021," which went on: article "U.S. citizens traveling to Europe without a visa will be a thing of the past come 2021. The European Union announced on Friday that American travelers will need a new type of visa  a European Travel Information and Authorization System or ETIAS  to visit the European Schengen Area. The Schengen Area is a zone of 26 European countries that do not have internal borders and allow people to move between them freely, including countries like Spain, France, Greece, Germany, Italy and Poland. Currently, U.S. citizens can travel to Europe for up to 90 days without a visa." That article was subsequently syndicated by other news websites, as part of CNN's wire service. other news websites In fact, the European Travel Information and Authorization System is not a visa. It is a new kind of travel authorization  similar to the ESTA program available to visitors to the United States  that citizens of certain non-European countries will need in order to make short visits to some European countries. ESTA CNN quickly corrected the errors in its original article, but some versions published by other websites remained uncorrected, as of 15 March 2019.  corrected The European Travel Information and Authorization System was first announced in September 2016, not on 8 March 2019 as CNN's article originally claimed, by Jean-Claude Juncker, president of the European Commission, a body that is akin to the executive branch of the European Union (E.U.)  In his 2016 "State of the Union" speech, Juncker said: speech "We will defend our borders, as well, with strict controls, adopted by the end of the year, on everyone crossing them. Every time someone enters or exits the E.U., there will be a record of when, where and why. By November, we will propose a European Travel Information System  an automated system to determine who will be allowed to travel to Europe. This way we will know who is traveling to Europe before they even get here. And we all need that information. How many times have we heard stories over the last months that the information existed in one database in one country, but it never found its way to the authority in another that could have made the difference?" Over the following two years, the proposal went through the E.U.'s somewhat complicated ratification processes, ultimately gaining the approval of the European Parliament in July 2018 and the European Council in September 2018. On 19 September 2018, the regulations establishing ETIAS were published in the Official Journal of the E.U. ratification published In response to our inquiries, a spokesperson for Frontex, the E.U.'s Border and Coast Guard Agency that oversees ETIAS, told us that since September 2018, "no significant new developments" emerged in relation to the program, which the spokesperson said is still on track to be launched in 2021.  For that reason, it's not clear what prompted the March 2019 news reports about ETIAS. CNN's original article claimed that the E.U. had "announced" what the article mistakenly called a "new type of visa" on 8 March, linking to a post on the website Etiasvisa.com, which bore the headline "ETIAS Visa Waiver for Americans." original article post However, as we have explained, the ETIAS program was first announced in 2016 and officially ratified in 2018. Furthermore, the spokesperson for Frontex confirmed that Etiasvisa.com is not operated by the European Commission or any other E.U. agency or body. Along with the website Etias.com, it is an unofficial, privately run site.  As of March 2019, the citizens of 60 non-European countries do not need a visa for short visits to a group of 26 European countries known as the "Schengen Area" (named after the town of Schengen, Luxembourg, where the 1985 agreement that formed the Schengen Area was signed).  agreement Historically and in principle, travelers moving between Schengen states saw no internal border checks, although in recent years some Schengen countries have availed themselves of a controversial, temporary reinstatement of internal Schengen border controls.  reinstatement The 60 "visa-exempt" countries include the United States, Canada, Australia, New Zealand, Mexico and several Asian, Pacific and South American nations. The full list is available here.  here The Schengen Area is composed of 22 E.U. member states (including Germany, France, Spain, and Italy) as well as four non-E.U. countries: Norway, Iceland, Switzerland and Liechtenstein. Two E.U. member states, Ireland and the U.K., have opted out of the Schengen agreement. Four other E.U. member states  Bulgaria, Romania, Cyprus and Croatia  have not yet joined the Schengen Area, although Bulgaria and Romania are currently in the process of being admitted. This official map outlines the Schengen Area: admitted official map   Travelers from one of the 60 visa-exempt countries can enter and move throughout the Schengen Area for a maximum of 90 days in any 180-day period, provided they have a valid passport and border agents don't determine that they present a threat to public safety and security. Those traveling from one of the roughly 100 "visa-obliged" countries (largely in Africa and the Middle East) must obtain a visa in advance. This "short stay" visa system allows the holder to enter and move throughout the Schengen Area (again, for a maximum of 90 days in any 180-day period). However, it also allows E.U. member states to obtain advance information about would-be visitors and make a case-by-case decision on whether to admit them into their country (and thereby, into the Schengen Area), a capability that is inherently advantageous from a security point of view.  By contrast, E.U. member states and E.U. authorities generally gain little advance knowledge about the arrival of visitors from visa-exempt nations, presenting a security liability that the ETIAS program was designed to address. A European Parliament briefing document explains the impetus behind ETIAS: document "For the purposes of combating serious crime and terrorism, law enforcement authorities can obtain information on visa holders from the visa information system (VIS). For visa-exempt travelers, this is only possible if they arrive by air, as, according to the PNR Directive, data on such travelers are transferred to the Member States law enforcement authorities to process for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime. However, for visa-exempt passengers arriving on foot or by car, bus or train, no such comparable information exists prior to their arrival." According to a fact sheet published by the European Commission, the basic process of applying for travel authorization under ETIAS should work as follows: fact sheet Further details about the planned workings of the ETIAS program can be found on this European Commission fact sheet.  fact sheet Johnson, Lauren M.; Holcombe, Madeline. "United States Citizens Will Need a Visa to Visit Europe Starting in 2021."
 CNN. 9 March 2019. Juncker, Jean-Claude. "State of the Union 2016: Towards a Better Europe -- a Europe That Protects, Empowers and Defends."
 European Commission. 14 September 2016. Radjenovic, Anja. "European Travel Information and Authorization System (ETIAS)."
 European Parliamentary Research Service. 18 October 2018. Official Journal of the European Union. "Regulation (EU) 2018/1240, Regulation (EU) 2018/1241."
 19 September 2018. Directorate-General for Migration and Home Affairs. "Temporary Reintroduction of Border Control."
 European Commission. 15 March 2019. Directorate-General for Migration and Home Affairs. "SchengenArea."
 European Commission. 15 March 2019. European Commission. "Fact Sheet -- Security Union: A European Travel Information and Authorization System."
 5 July 2018. Democratic congressman Beto O'Rourke of Texas came to national prominence in 2018 through his high-profile campaign to unseat incumbent Republican U.S. senator Ted Cruz. During the course of his campaign, the Democratic candidate has been confronted with various claims and allegations about himself and his family. One such meme, entitled "'Beto' Reality Check," was shared widely on Facebook in August 2018:A spokesperson for O'Rourke's campaign described the meme as "factually incorrect in countless ways" and largely referred us to several existing news reports about the allegations. The following is our breakdown of the five sections contained in the meme.O'Rourke adopted the name "Beto" to appeal to Latino voters: The meme claimed:NOT HISPANIC"Robert O'Rourke" became "Beto" for his political campaigns and on the ballot, a tactic that gives the false impression he's Latino, misleading voters in a state with many Hispanics.In fact, O'Rourke was known as "Beto" long before he entered political life, although his birth name is Robert and he appears to use both first names interchangeably. (For example, his July 2018 Federal Election Commission "Statement of Candidacy" lists his name as "Robert Beto O'Rourke.")O'Rourke told CNN that his parents referred to him as Beto "from day one," and that it "just stuck." Others have noted that the name is likely derived from a pronunciation of the Spanish "Roberto," and O'Rourke himself described it as "a nickname for Robert in El Paso." (According to the U.S. Census Bureau, around 78 percent of El Paso county residents listed themselves as being of Mexican heritage in 2016.)O'Rourke's family is of Irish heritage. According to the New York Times, his family "came over from Ireland four generations ago to work on the railroad." His father Pat O'Rourke was a prominent El Paso County official during the 1980s.A 1986 article about Pat O'Rourke in the El Paso Times referred to his then 14-year-old son as "Beto O'Rourke." In 1999, six years before O'Rourke ran for El Paso city council, the same newspaper referred to "web site designer Beto O'Rourke" in a short article about his I.T. business Stanton Street Design.After checking the archives of the El Paso Times, we found multiple references to "Beto O'Rourke" between 1986 and 2004, when O'Rourk was either a child or a businessman and had never run for political office.In March, the campaign of O'Rourke's Republican opponent, Ted Cruz, launched a radio jingle that poked fun at the name "Beto" and included the following lyrics: "I remember reading stories/Liberal Robert wanted to fit in/So he changed his name to 'Beto'/And hid it with a grin ...":FIRST LISTEN: our new 60-second statewide radio ad introducing our liberal opponent, Congressman Robert ORourke, to Texas voters.Help #KeepTexasRed: https://t.co/PVsiCtbbyL #CruzCrew #TXSen pic.twitter.com/OxK61gZ0ek Ted Cruz (@tedcruz) March 7, 2018The next day, O'Rourke posted a photograph of himself as a young boy, wearing a sweater with the nickname "Beto" stitched into it, establishing that, contrary to false accusation, he did not "change his name" for political reasons:pic.twitter.com/1IO1dgmCkv Beto O'Rourke (@BetoORourke) March 7, 2018O'Rourke used his father's connections to avoid trial for two felonies: UNPROVENThe meme claimed:FELONY ARREST RECORDAs an adult in his mid-20s, O'Rourke was caught breaking into the University of Texas El Paso. Charged with breaking and entering and burglary, he mysteriously avoided trial. A few years later, arrested for drunk driving, he again walked with a "deal." Being the song of a powerful, politically connected County Judge apparently has benefits. O'Rourke dismisses his felony convictions as "youthful pranks" and "mistakes"; it's old news, move along, nothing to see here.O'Rourke has indeed been arrested for burglary and drunk driving, a history which he has discussed several times over the course of his political career, as his spokesperson told us: "While charges were dismissed, this is something that Beto has always publicly addressed -- during his initial run for the city council, his run for Congress, in profiles written about him, during dozens of interviews, and at town halls across the state during this campaign."In a 27 August 2018 op-ed for the Houston Chronicle and  San Antonio Express-News, O'Rourke himself wrote:Twenty-three years ago I was arrested for attempted forcible entry after jumping a fence at the University of Texas at El Paso. I spent a night in the El Paso County Jail, was able to make bail the next day, and was released. Three years later, I was arrested for drunk driving -- a far more serious mistake for which there is no excuse.According to El Paso county jail records, O'Rourke was arrested for attempted burglary on 19 May 1995, when he was 22 years old. He was released from custody the same day. Court records show that the prosecutor dropped the charge in February 1996.O'Rourke was also arrested for driving while intoxicated on 27 September 1998, the day after his 26th birthday. He completed a "misdemeanor diversion program" (namely "DWI school") in October 1999, and the charge was dropped.In August 2018, the Houston Chronicle and San Antonio Express-News cited police reports, including a witness account, which suggested that the incident leading to O'Rourke's DWI arrest was relatively serious and involved a collision with another vehicle and a possible attempt by O'Rourke to leave the scene:State and local police reports obtained by the Chronicle and Express-News show that ORourke was driving drunk at what a witness called a high rate of speed in a 75 mph zone on Interstate 10 about a mile from the New Mexico border. He lost control and hit a truck, sending his car careening across the center median into oncoming lanes. The witness, who stopped at the scene, later told police that ORourke had tried to drive away from the scene. O'Rourke recorded a 0.136 and 0.134 on police breathalyzers, above a blood-alcohol level of 0.10, the state legal limit at the time.In the case of his DWI arrest, O'Rourke did not face prison time because he completed an alternative adjudication program. It's not clear why the attempted burglary charge was dropped in 1996 (we asked the O'Rourke campaign about this but didn't receive a response to that particular question in time for publication). However, we could find no evidence that O'Rourke's father had any role in either case, nor did the meme offer any evidence.Congressman O'Rourke's father Pat was the El Paso County judge until 1986 -- a kind of chief executive of the county's governing body, the Commissioners Court -- so he had not held office for nine years by the time of his son's attempted burglary arrest.O'Rourke violated 'insider trading' laws: The meme claimed:INSIDER TRADING VIOLATIONSAfter being sent a memo specifically prohibiting investment in Twitter's IPO [initial public offering], O'Rourke made a tidy one-day profit on it. When uncovered by a government watchdog, he quickly turned himself in. This violation of the STOCK Act (Stop Trading on Congressional Knowledge) is apparently a habit, as there are several other instances of this behavior; he characterizes them as mistakes.Despite the meme's claim, O'Rourke has never been charged with, or convicted of, violating any laws related to insider trading, including the STOCK Act, which bars members of the U.S. Congress from benefiting from financial transactions made on the basis of information they received in their capacity as members of Congress.But this section of the meme does contain elements of truth in that -- after the matter was brought to light by a third party -- O'Rourke reported his potential violation of rules to the House Ethics Committee (for stock transactions he maintained were executed by his broker without his knowledge), and the matter was resolved without any charges being brought against him:U.S. Rep. Beto ORourke alerted the House Ethics Committee that he might have violated a new law restricting members of Congress from engaging in certain stock transactions.It is the first case to come before the committee involving a 2012 law that prohibits members of Congress from participating in initial public offerings, or IPOs, other than what is available to members of the public generally, said Melanie Sloan, executive director of the Committee for Ethics and Responsibility in Washington, a watchdog group.ORourke, a Democrat whose district covers a portion of western Texas, reported the possible violation after Legistorm, an online news site that tracks congressional issues, informed him that his Nov. 15 disclosure saying he participated in the Twitter IPO earlier in the month might indicate a violation of a 2012 law called the Stop Trading on Congressional Knowledge Act, or STOCK Act.The freshman congressman also reported that, through his stockbroker, he participated in six other initial public offerings this year. In an interview, ORourke said he didnt see a Nov. 5 memo from the House Ethics Committee warning members of Congress about participating in IPOs.On 27 November 2013, O'Rourke wrote on Facebook that the ethics committee had informed him they would consider the issue resolved once he sold off any remaining shares that he bought during any IPOs, and sent the U.S. Treasury a check equal to the amount he earned in profits from those IPO-related shares:Upon receiving the letter from the Committee today I instructed my broker to sell all remaining shares, which he did. I then sent a check for the full amount of the profit from all IPO trades this year to the U.S. Treasury by overnight mail. Copies of the trades and the check have been sent to the Ethics Committee.I apologize to the House of Representatives and to the people I represent for not exercising due diligence. I will be much more thorough in the future concerning financial transactions and do my best to ensure that I am in full compliance with all rules covering members of Congress.Records filed with the Clerk of the House of Representatives show that O'Rourke bought between $1,000 and $15,000 worth of shares in Twitter on 7 November 2013 (the first day the company was traded on the stock market), before selling off between $1,000 and $15,000 in shares later that day.Records also indicate that on 27 November 2013, O'Rourke again sold off between $1,000 and $15,000 worth of Twitter shares "pursuant to the recommendations made by House Ethics Committee in a letter from 11/27/13."A condom full of "white powder" was found in O'Rourke's father's car: trueThe meme claimed:FATHER'S DRUG SCANDALO'Rourke's father, while county judge, had a 2-way radio installed in his Jeep. Installers discovered a condom packed with a "white powder" concealed in his vehicle and called police. Much to the dismay of investigating officers, the Captain on duty, a friend and political ally of O'Rourke, flushed the evidence down the toilet and dropped the charges. The Captain was subsequently suspended and tried for tampering with evidence.This section of the meme relates to incidents which took place in 1983, when Beto O'Rourke was 10 years old, and which had absolutely nothing to do with him.Nevertheless, it's true that in February 1983, El Paso County Sheriff's Captain Willie Hill told two police officers to get rid of a condom full of white powder which they had found in Pat O'Rourke's car while they were installing a radio in it. The officers suspected the powder to be heroin or cocaine, but the substance was never tested to determine its true nature.Hill was temporarily suspended but was reinstated after being acquitted on a misdemeanor charge of evidence tampering. (The prosecutor had earlier dropped a charge of misconduct against him.) Hill testified that he made a snap decision about the discovery of the powder, which he strongly suspected had been planted there to embarrass or undermine either O'Rourke or one of the officers installing the radio.O'Rourke and Hill were friends, as O'Rourke (then county judge) told the El Paso Times: "Because he's a good man, it would be an injustice if Willie were to suffer grievous consequences from this whole episode. You have an honest and honorable man implicated by pure fluke. And that's just damn right not fair."O'Rourke was involved in a family business that was prosecuted for tax violations: The meme claimed:FAMILY BUSINESS FEDERALLY PROSECUTEDO'Rourke's family business "Charlotte's Furniture," a store "Beto," his mother and sister are involved with, was charged in 2010 with altering records to avoid IRS reporting. Investigators found they accepted cash payments, in one instance over $630,000 from an unnamed individual (that's a LOT of furniture)! Found guilty on 15 counts, the sentence was a $250,000 fine and 5 years' probation. Around the time O'Rourke announced as a senate candidate, the business was shuttered and its records became unavailable. O'Rourke passes the prosecution off as a "mistake"; it's been covered, move along, nothing to see here.The meme got the basic facts right about the federal tax case against Charlotte's, but it falsely claimed that Congressman O'Rourke was personally "involved" in the company. He was not.In 2010, Charlotte's Inc., an El Paso furniture store company started by O'Rourke's grandmother in 1951, was convicted of "structuring transactions to evade reporting requirements, a tax-related felony. The company was charged as a corporate entity, but the Congressman's mother, Melissa O'Rourke, acted as its authorized representative.The company pled guilty to accusations that it had restructured transactions in order to present relatively large cash payments as having been made in installments of less than $10,000. Anti-money laundering provisions of U.S. law require that a business reveal the identity of any individual who makes a cash payment above that threshold.In total, Charlotte's and its employees illegally restructured $630,000 in payments, all from one customer, in this way between May 2005 and October 2006. The identity of that customer is not known. U.S. District Court judge Kathleen Cardone gave a sentence of five years' probation and a $500,000 fine, with $250,000 of that suspended.In 2017, Melissa O'Rourke announced that she intended to close down the business but denied the decision was connected to her son's U.S. Senate campaign or the 2010 conviction.According to Texas Comptroller of Public Accounts records for 2017, Congressman O'Rourke had no formal role with Charlotte's Inc., whose directors were Melissa O'Rourke and the Congressman's sister Charlotte O'Rourke.Records for 2005 and 2006 (when the I.R.S. reporting violations took place) as well as 2010 (when the conviction happened) show that Congressman O'Rourke had no formal role with the company at those times, either.The Congressman is part owner of the property where Charlotte's was located. According to O'Rourke's 2013 congressional financial disclosure, his mother gifted him an ownership stake worth between $1 million and $5 million in Peppertree Square, a shopping center on North Mesa St. in El Paso.However, his part ownership of the Peppertree Square property (which does not appear to entail any management function in any of the businesses located there) did not accrue until 31 December 2012, more than six years after the conclusion of the I.R.S. reporting violations at Charlotte's.  One such meme, entitled "'Beto' Reality Check," was shared widely on Facebook in August 2018: meme   A spokesperson for O'Rourke's campaign described the meme as "factually incorrect in countless ways" and largely referred us to several existing news reports about the allegations. The following is our breakdown of the five sections contained in the meme. The meme claimed: NOT HISPANIC "Robert O'Rourke" became "Beto" for his political campaigns and on the ballot, a tactic that gives the false impression he's Latino, misleading voters in a state with many Hispanics. In fact, O'Rourke was known as "Beto" long before he entered political life, although his birth name is Robert and he appears to use both first names interchangeably. (For example, his July 2018 Federal Election Commission "Statement of Candidacy" lists his name as "Robert Beto O'Rourke.") Statement O'Rourke told CNN that his parents referred to him as Beto "from day one," and that it "just stuck." Others have noted that the name is likely derived from a pronunciation of the Spanish "Roberto," and O'Rourke himself described it as "a nickname for Robert in El Paso." (According to the U.S. Census Bureau, around 78 percent of El Paso county residents listed themselves as being of Mexican heritage in 2016.) CNN noted listed O'Rourke's family is of Irish heritage. According to the New York Times, his family "came over from Ireland four generations ago to work on the railroad." His father Pat O'Rourke was a prominent El Paso County official during the 1980s. New York Times A 1986 article about Pat O'Rourke in the El Paso Times referred to his then 14-year-old son as "Beto O'Rourke." In 1999, six years before O'Rourke ran for El Paso city council, the same newspaper referred to "web site designer Beto O'Rourke" in a short article about his I.T. business Stanton Street Design. article article After checking the archives of the El Paso Times, we found multiple references to "Beto O'Rourke" between 1986 and 2004, when O'Rourk was either a child or a businessman and had never run for political office. In March, the campaign of O'Rourke's Republican opponent, Ted Cruz, launched a radio jingle that poked fun at the name "Beto" and included the following lyrics: "I remember reading stories/Liberal Robert wanted to fit in/So he changed his name to 'Beto'/And hid it with a grin ...": FIRST LISTEN: our new 60-second statewide radio ad introducing our liberal opponent, Congressman Robert ORourke, to Texas voters. Help #KeepTexasRed: https://t.co/PVsiCtbbyL #CruzCrew #TXSen pic.twitter.com/OxK61gZ0ek #KeepTexasRed https://t.co/PVsiCtbbyL #CruzCrew #TXSen pic.twitter.com/OxK61gZ0ek  Ted Cruz (@tedcruz) March 7, 2018 March 7, 2018  The next day, O'Rourke posted a photograph of himself as a young boy, wearing a sweater with the nickname "Beto" stitched into it, establishing that, contrary to false accusation, he did not "change his name" for political reasons: pic.twitter.com/1IO1dgmCkv pic.twitter.com/1IO1dgmCkv  Beto O'Rourke (@BetoORourke) March 7, 2018 March 7, 2018  The meme claimed: FELONY ARREST RECORD As an adult in his mid-20s, O'Rourke was caught breaking into the University of Texas El Paso. Charged with breaking and entering and burglary, he mysteriously avoided trial. A few years later, arrested for drunk driving, he again walked with a "deal." Being the song of a powerful, politically connected County Judge apparently has benefits. O'Rourke dismisses his felony convictions as "youthful pranks" and "mistakes"; it's old news, move along, nothing to see here. O'Rourke has indeed been arrested for burglary and drunk driving, a history which he has discussed several times over the course of his political career, as his spokesperson told us: "While charges were dismissed, this is something that Beto has always publicly addressed -- during his initial run for the city council, his run for Congress, in profiles written about him, during dozens of interviews, and at town halls across the state during this campaign." In a 27 August 2018 op-ed for the Houston Chronicle and  San Antonio Express-News, O'Rourke himself wrote: op-ed Twenty-three years ago I was arrested for attempted forcible entry after jumping a fence at the University of Texas at El Paso. I spent a night in the El Paso County Jail, was able to make bail the next day, and was released. Three years later, I was arrested for drunk driving -- a far more serious mistake for which there is no excuse. According to El Paso county jail records, O'Rourke was arrested for attempted burglary on 19 May 1995, when he was 22 years old. He was released from custody the same day. Court records show that the prosecutor dropped the charge in February 1996. records records O'Rourke was also arrested for driving while intoxicated on 27 September 1998, the day after his 26th birthday. He completed a "misdemeanor diversion program" (namely "DWI school") in October 1999, and the charge was dropped. arrested In August 2018, the Houston Chronicle and San Antonio Express-News cited police reports, including a witness account, which suggested that the incident leading to O'Rourke's DWI arrest was relatively serious and involved a collision with another vehicle and a possible attempt by O'Rourke to leave the scene: cited State and local police reports obtained by the Chronicle and Express-News show that ORourke was driving drunk at what a witness called a high rate of speed in a 75 mph zone on Interstate 10 about a mile from the New Mexico border. He lost control and hit a truck, sending his car careening across the center median into oncoming lanes. The witness, who stopped at the scene, later told police that ORourke had tried to drive away from the scene. O'Rourke recorded a 0.136 and 0.134 on police breathalyzers, above a blood-alcohol level of 0.10, the state legal limit at the time. In the case of his DWI arrest, O'Rourke did not face prison time because he completed an alternative adjudication program. It's not clear why the attempted burglary charge was dropped in 1996 (we asked the O'Rourke campaign about this but didn't receive a response to that particular question in time for publication). However, we could find no evidence that O'Rourke's father had any role in either case, nor did the meme offer any evidence. Congressman O'Rourke's father Pat was the El Paso County judge until 1986 -- a kind of chief executive of the county's governing body, the Commissioners Court -- so he had not held office for nine years by the time of his son's attempted burglary arrest. judge governing body The meme claimed: INSIDER TRADING VIOLATIONS After being sent a memo specifically prohibiting investment in Twitter's IPO [initial public offering], O'Rourke made a tidy one-day profit on it. When uncovered by a government watchdog, he quickly turned himself in. This violation of the STOCK Act (Stop Trading on Congressional Knowledge) is apparently a habit, as there are several other instances of this behavior; he characterizes them as mistakes. Despite the meme's claim, O'Rourke has never been charged with, or convicted of, violating any laws related to insider trading, including the STOCK Act, which bars members of the U.S. Congress from benefiting from financial transactions made on the basis of information they received in their capacity as members of Congress. STOCK Act But this section of the meme does contain elements of truth in that -- after the matter was brought to light by a third party -- O'Rourke reported his potential violation of rules to the House Ethics Committee (for stock transactions he maintained were executed by his broker without his knowledge), and the matter was resolved without any charges being brought against him: violation U.S. Rep. Beto ORourke alerted the House Ethics Committee that he might have violated a new law restricting members of Congress from engaging in certain stock transactions. It is the first case to come before the committee involving a 2012 law that prohibits members of Congress from participating in initial public offerings, or IPOs, other than what is available to members of the public generally, said Melanie Sloan, executive director of the Committee for Ethics and Responsibility in Washington, a watchdog group. ORourke, a Democrat whose district covers a portion of western Texas, reported the possible violation after Legistorm, an online news site that tracks congressional issues, informed him that his Nov. 15 disclosure saying he participated in the Twitter IPO earlier in the month might indicate a violation of a 2012 law called the Stop Trading on Congressional Knowledge Act, or STOCK Act. The freshman congressman also reported that, through his stockbroker, he participated in six other initial public offerings this year. In an interview, ORourke said he didnt see a Nov. 5 memo from the House Ethics Committee warning members of Congress about participating in IPOs. On 27 November 2013, O'Rourke wrote on Facebook that the ethics committee had informed him they would consider the issue resolved once he sold off any remaining shares that he bought during any IPOs, and sent the U.S. Treasury a check equal to the amount he earned in profits from those IPO-related shares: wrote Upon receiving the letter from the Committee today I instructed my broker to sell all remaining shares, which he did. I then sent a check for the full amount of the profit from all IPO trades this year to the U.S. Treasury by overnight mail. Copies of the trades and the check have been sent to the Ethics Committee. I apologize to the House of Representatives and to the people I represent for not exercising due diligence. I will be much more thorough in the future concerning financial transactions and do my best to ensure that I am in full compliance with all rules covering members of Congress. Records filed with the Clerk of the House of Representatives show that O'Rourke bought between $1,000 and $15,000 worth of shares in Twitter on 7 November 2013 (the first day the company was traded on the stock market), before selling off between $1,000 and $15,000 in shares later that day. filed Records also indicate that on 27 November 2013, O'Rourke again sold off between $1,000 and $15,000 worth of Twitter shares "pursuant to the recommendations made by House Ethics Committee in a letter from 11/27/13." indicate The meme claimed: FATHER'S DRUG SCANDAL O'Rourke's father, while county judge, had a 2-way radio installed in his Jeep. Installers discovered a condom packed with a "white powder" concealed in his vehicle and called police. Much to the dismay of investigating officers, the Captain on duty, a friend and political ally of O'Rourke, flushed the evidence down the toilet and dropped the charges. The Captain was subsequently suspended and tried for tampering with evidence. This section of the meme relates to incidents which took place in 1983, when Beto O'Rourke was 10 years old, and which had absolutely nothing to do with him. Nevertheless, it's true that in February 1983, El Paso County Sheriff's Captain Willie Hill told two police officers to get rid of a condom full of white powder which they had found in Pat O'Rourke's car while they were installing a radio in it. The officers suspected the powder to be heroin or cocaine, but the substance was never tested to determine its true nature. Hill was temporarily suspended but was reinstated after being acquitted on a misdemeanor charge of evidence tampering. (The prosecutor had earlier dropped a charge of misconduct against him.) Hill testified that he made a snap decision about the discovery of the powder, which he strongly suspected had been planted there to embarrass or undermine either O'Rourke or one of the officers installing the radio. being acquitted O'Rourke and Hill were friends, as O'Rourke (then county judge) told the El Paso Times: "Because he's a good man, it would be an injustice if Willie were to suffer grievous consequences from this whole episode. You have an honest and honorable man implicated by pure fluke. And that's just damn right not fair." El Paso Times The meme claimed: FAMILY BUSINESS FEDERALLY PROSECUTED O'Rourke's family business "Charlotte's Furniture," a store "Beto," his mother and sister are involved with, was charged in 2010 with altering records to avoid IRS reporting. Investigators found they accepted cash payments, in one instance over $630,000 from an unnamed individual (that's a LOT of furniture)! Found guilty on 15 counts, the sentence was a $250,000 fine and 5 years' probation. Around the time O'Rourke announced as a senate candidate, the business was shuttered and its records became unavailable. O'Rourke passes the prosecution off as a "mistake"; it's been covered, move along, nothing to see here. The meme got the basic facts right about the federal tax case against Charlotte's, but it falsely claimed that Congressman O'Rourke was personally "involved" in the company. He was not. In 2010, Charlotte's Inc., an El Paso furniture store company started by O'Rourke's grandmother in 1951, was convicted of "structuring transactions to evade reporting requirements, a tax-related felony. The company was charged as a corporate entity, but the Congressman's mother, Melissa O'Rourke, acted as its authorized representative. felony The company pled guilty to accusations that it had restructured transactions in order to present relatively large cash payments as having been made in installments of less than $10,000. Anti-money laundering provisions of U.S. law require that a business reveal the identity of any individual who makes a cash payment above that threshold. restructured provisions In total, Charlotte's and its employees illegally restructured $630,000 in payments, all from one customer, in this way between May 2005 and October 2006. The identity of that customer is not known. U.S. District Court judge Kathleen Cardone gave a sentence of five years' probation and a $500,000 fine, with $250,000 of that suspended. sentence In 2017, Melissa O'Rourke announced that she intended to close down the business but denied the decision was connected to her son's U.S. Senate campaign or the 2010 conviction. announced According to Texas Comptroller of Public Accounts records for 2017, Congressman O'Rourke had no formal role with Charlotte's Inc., whose directors were Melissa O'Rourke and the Congressman's sister Charlotte O'Rourke. records Records for 2005 and 2006 (when the I.R.S. reporting violations took place) as well as 2010 (when the conviction happened) show that Congressman O'Rourke had no formal role with the company at those times, either. Records The Congressman is part owner of the property where Charlotte's was located. According to O'Rourke's 2013 congressional financial disclosure, his mother gifted him an ownership stake worth between $1 million and $5 million in Peppertree Square, a shopping center on North Mesa St. in El Paso. disclosure However, his part ownership of the Peppertree Square property (which does not appear to entail any management function in any of the businesses located there) did not accrue until 31 December 2012, more than six years after the conclusion of the I.R.S. reporting violations at Charlotte's. O'Rourke, Robert Beto.  "Statement of Candidacy."
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  The El Paso Times.  4 August 2017. Correction [4 September 2018]: This article has been updated to more accurately describe the role of El Paso County judge.