One of my top three favorite Internet sites is Josh Marshall's Talking Points Memo (often appreviated as TPM). I go there as often as to DKos, and I think TPM is starting to have the jump on DKos in terms of reporting on breaking news and also on investigating important news not covered by the MSM. TPM is also very good on investigative reporting.
I fondly remember the days of TMP from about 2003, with the old unflattering picture of Josh they used to highlight. I have tremendous respect for the site.
Therefore, I'm dismayed that today Josh himself repeated an indisputable falsehood about the "birther" controversy, and he and his site have failed to follow up despite several communications from me. This, by the way, is the first time in eight years I have ever written to him.
A little before noon today, Josh himself posted the following:
04.11.11 -- 11:41AM // RECOMMEND RECOMMEND (44)
Maybe I'll Picket This Fool's Gaudy Building
Donald Trump, more stupid than racist or more racist than stupid? Here's his latest angle on why President Obama wasn't born in the USA. Watch it.
Weirdly, Trump doesn't seem to realize that for the purposes he's discussing, an American mother makes you an American citizen. Period. Full stop.
What makes this all comical and egregious is that I don't get the impression that Trump is any sort of conspiracy theorist or racist. But if that's what's necessary to pump up his latest 'campaign' stunt, bring it on.
--Josh Marshall
Here is a link to that: http://www.talkingpointsmemo.com/... [thanks to little for the link]
That is still prominent on their page. Trouble is, it has a major legal error!
I wrote them at noon, and they ignored me, and five hours later I sent this:
Sent at 5 p.m. EST:
I don't see any way to send email to Josh Marshall directly, so I sent the email below to your Comments address. I'm disappointed to see no change or correction after five hours. His piece continues a serious legal error about the birther conspiracy. You should not publish indisputable errors of law.
*********
To Josh Marshall:
Your current top article on Trump birtherism says this:
"Weirdly, Trump doesn't seem to realize that for the purposes he's discussing, an American mother makes you an American citizen."
For the record, that is WRONG. But it is irrelevant, since Obama was clearly born in the U.S. so he is a U.S. citizen, and the citizenship of both of his parents is irrelevant.
I speak as an immigration and nationality lawyer with more than 20 years of experience.
You're passing along a very common legal error, which is NOT needed to fight the birthers.
Detail: according to the nationality law in effect at the time Obama was born, a U.S. citizen mother could pass citizenship to a child born outside the United States only if she had resided in the United States for five years after her 14th birthday, and Stanley Ann Dunham could not meet that test, since she was 18 when Obama was born.
Also, people sometimes claim that this law was changed retroactively after Obama was born. That is also wrong and also incorrect. (In fact, McCain was actually born outside the U.S., and the law regarding his acquisition of citizenship was changed after his birth; but this is irrelevant to Obama's situation.)
You need to issue a correction.
[my real name and contact information]
Everybody's busy. Everybody gets a lot of email.
On the other hand, a site like TPM has lots of people paid to check email constantly. Josh Marshall may have never seen my emails. (Anybody got his email address? It's not on his site.)
But the site as a whole damn sure dropped the ball on this.
And yes, I think this is really important. It just plays into the hands of the birthers and all the Tea Party types to just make up shit like that. Marshall is not a lawyer and he should check his facts before loudly promoting untruth. And he should have the humility to admit an indisputable error.