From FAIR <[email protected]>
Subject With Bolsonaro Facing Prosecution, NYT Renews Attacks on Brazil's Courts
Date December 6, 2024 9:51 PM
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With Bolsonaro Facing Prosecution, NYT Renews Attacks on Brazil's Courts Brian Mier ([link removed])


Brazil's Federal Police released an 884-page report ([link removed]) on November 26, laying out the evidence used for its November 21 indictments of former President Jair Bolsonaro and 36 of his cronies. Among the revelations are evidence showing that Bolsonaro knew about a plot carried out by army special forces officers to assassinate President Lula da Silva, Vice President Geraldo Alckmin and Supreme Court Minister Alexandre de Moraes, and proof that Bolsonaro oversaw a complex plan with six working groups to enact a military coup after losing the election in 2022.

This news was covered in media outlets around the world, from the Washington Post ([link removed]) , Reuters ([link removed]) and AP ([link removed]) to the Guardian ([link removed]) and Le Monde ([link removed]) . Curiously enough, the New York Times, which has given ample coverage to Brazilian politics and the ongoing investigations against Bolsonaro, remained silent.
NYT: Brazilian Police Accuse Bolsonaro of Plotting a Coup

When former Brazilian President Jair Bolsonaro was accused of trying to overthrow the government, the New York Times (11/21/24 ([link removed]) ) reported that "the police did not provide any specifics about Mr. Bolsonaro’s actions"—but when the Federal Police released 884 pages of specifics days later, the Times was silent.

Five days earlier, in an article about the indictments, Times reporter Ana Ionova (11/21/24 ([link removed]) ) misleadingly wrote, "The police did not provide any specifics about Mr. Bolsonaro’s actions that led to their recommendations." So why, five days later, when a mountain of material evidence and plea bargain testimony transcripts were released, demonstrating exactly why the police recommended that the attorney general file three criminal charges against Bolsonaro, would the Times not join in with the other media outlets to add clarification?

As I've written before (FAIR.org, 7/7/23 ([link removed]) ), the Times has aligned itself with a toxic narrative pushed by Bolsonaro, along with international allies like Elon Musk ([link removed]) and Tucker Carlson ([link removed]) , to discredit Brazil's court system. Most of their efforts have focused on Moraes, the former Electoral Court president and current Supreme Court minister. As the police report shows, delegitimizing Moraes was one of the strategies used to build public support for the 2023 coup attempt.

Furthermore, since the failure of that attempt, the attacks on Moraes have been used by conservatives ([link removed]) to build public sympathy for amnesty for Bolsonaro, in a move to pressure Congress to restore his political rights so that he can run for election in 2026.

Moraes' central position as a target in the strategy is demonstrated in intercepted WhatsApp conversations between members of the group who were indicted in the coup investigation. A review of Times articles covering Moraes over the last two years shows that, at the least, the newspaper has acted as an unwilling accomplice, or "useful idiot" by perpetuating the coup plotters' judicial overreach narrative.


** 'Knowingly false allegations'
------------------------------------------------------------
Photo of Bolsonaro event released by the Brazil president's office

Brazilian President Jair Bolsonaro spreading doubts about his country's electoral system (New York Times, 7/19/22 ([link removed]) ).

On July 19, 2022, Bolsonaro held ([link removed]) an event in the Presidential Palace for dozens of foreign diplomats. There he spent over an hour railing against Brazil's renowned ([link removed]) electronic voting system. Without providing any evidence to back up his statements, he announced that if he lost the October 2 presidential election, it would be a sign of voter fraud.

The entire event was broadcast live on TV Brazil, Brazil's national public television station, in violation of Brazil's election laws against abuse of power for electoral purposes. It was this event which, months later, caused the Superior Electoral Court to bar Bolsonaro ([link removed]) from running for office for eight years.

Thirteen days earlier, according to the Federal Police report (p. 7 ([link removed]) ), the president held a meeting with high-ranking military officers and cabinet ministers. There, he

presented a narrative which had been built to spread knowingly false allegations, without any concrete evidence, suggesting that there would be fraud and manipulation of votes in the Brazilian elections. [He] used the meeting to spread attacks and make insinuations of crimes he said would be committed by current President Luiz Inacio Lula da Silva and, primarily, Supreme and Superior Electoral Court ministers Luis Roberto Barroso, Edson Faschin and Alexandre de Moraes.

Intercepted communications between the people indicted show that, in the ensuing months, Moraes would become the primary target or, as they proclaimed in military jargon, the "center of gravity" of the coup (p. 14 ([link removed]) ).


** 'Going too far?'
------------------------------------------------------------
NYT: To Defend Democracy, Is Brazil’s Top Court Going Too Far?

The New York Times (9/26/22 ([link removed]) ) attacked the Brazilian Supreme Court's efforts to rein in the country's authoritarian far right: "According to experts in law and government, the court has taken its own repressive turn."

Weeks after Bolsonaro's event, and six days before the first round of Brazil's presidential election, the New York Times published a hit piece (9/26/22 ([link removed]) ) on Brazil's judiciary, called "To Defend Democracy, Is Brazil’s Top Court Going Too Far?"

As I later wrote for FAIR (5/14/24 ([link removed]) ), the primary target of the article, written by the Times' Jack Nicas and André Spigariol, was Moraes. One of Brazil's 11 Supreme Court ministers, Moraes at the time was also serving a four-year term as Superior Electoral Court president. Clearly basing its analysis on US law, the Times described in alarming terms activities that were completely legal in Brazil:

The power grab by the nation’s highest court, legal experts say, has undermined a key democratic institution in Latin America’s biggest country as voters prepare to pick a president on October 2.

This wasn't original analysis by the Times. As the Federal Police report (p. 11) stated:

The dissemination of false narratives through digital influencers and some members of the traditional media, with strong penetration among a segment of the population aligned with the right-wing of the political spectrum, maintained the discourse of an illicit action by the Judiciary, especially the Supreme and Superior Electoral Courts, claiming that they overstepped their constitutional limits in order to prevent the re-election of then-President Jair Bolsonaro.

The narrative of Supreme Court overreach continues to be the key pillar of the amnesty movement. As this campaign picked up momentum, the Times spread doubt regarding the judiciary as it oversaw investigations into anti-democratic behavior by the far right. In an article explaining why Bolsonaro had been barred from running for office, the Times' Nicas (7/1/23 ([link removed]) ) wrote that the judiciary's "hands on" approach to investigating election fraud "has also put what some analysts say is too much power in the hands of the electoral court’s seven judges, instead of voters."


** 'Crisis of democracy?'
------------------------------------------------------------

As time passed, an investigation into illegal use of social media during the 2022 election season, an inquiry ordered by the Supreme Court due to death threats made against its justices and their families, began to draw the attention of the international far right. This was thanks in part to the efforts of Glenn Greenwald, whoridiculously claimed ([link removed]) , to his Ruptly audience of millions, that Moraes was the de facto ruler of Brazil.

In May 2024, a group of GOP lawmakers held a congressional subcommittee hearing ([link removed]) called "Brazil: A Crisis of Democracy, Freedom and the Rule of Law?" As I documented for FAIR (5/14/24 ([link removed]) ), the most-cited source in the GOP's supporting document for the hearing was the Times' 2022 election-season article (9/26/22 ([link removed]) ) about judicial overreach.
NYT: Elon Musk’s X Backs Down in Brazil

For an expert on "free expression," the New York Times (9/21/24 ([link removed]) ) turned to a far-right influencer under investigation for electoral disinformation.

One of the panelists at the hearing was Paulo Figueiredo. Introduced as an "investigative journalist," Figueiredo—grandson of Brazil's last military dictator, Gen. João Figueiredo—is a far-right influencer who relocated to Florida to flee a fraud investigation ([link removed]) into the fleecing of Brazilian investors in a failed real estate deal with Donald Trump in 2019. On November 21, Figueiredo was indicted as one of the coup plotters in the Federal Police report (p. 15), which describes how military leaders who refused to join the operation were targeted with disinformation campaigns. The coup plotters

made use of the modus operandi developed by the digital militia, selecting targets to insert into a machine for amplifying personal attacks, using multiple channels and influencers in positions of authority over their "audience." Economist and digital influencer Paulo Renato de Oliveira Figueiredo Filho was integrated into the core group responsible for inciting military personnel to join the coup, due to his ability to penetrate the military sphere because he is the grandson of former president of the republic, Gen. João Baptista Figueiredo.

In February, 2024, the Federal Police announced that Figueiredo was under investigation ([link removed]) for spreading electoral disinformation during the lead-up to the January 8, 2023, coup attempt. Many journalists at the time remembered the fact that, before becoming military dictator, his grandfather served as National Intelligence Service chief ([link removed]) during the most repressive phase of the government's death squad and torture operations.

In an article by Jack Nicas and Ana Ionova on Musk's losing battle with the Brazilian Supreme Court, the Times (9/21/24 ([link removed]) ) turned to Figueiredo for analysis:

Mr. Musk “has bowed down,” Paulo Figueiredo, a right-wing pundit who had his X account blocked in Brazil, wrote in a post on Thursday, when X first hired new lawyers in Brazil, signaling a shift in stance. “It’s a very sad day for freedom of expression.”

The Times failed to mention why Figueiredo was blocked, or his family ties—a connection it had made before, in the 2019 article "Investors in Former Trump-Branded Hotel in Brazil Charged With Corruption" (1/31/19 ([link removed]) ):

Mr. Figueiredo, the grandson of the last military dictator in the authoritarian government that ran Brazil from 1964 to 1985, displayed a picture of himself with Mr. Trump at the Trump Tower in New York, both men flashing a thumbs-up sign.

The different framing illustrates the Times' double standard: When it's useful to attack Trump, Figueiredo is identified as the grandson of an authoritarian. When used to criticize a left-wing Brazilian government as authoritarian, he's introduced merely as a "right-wing pundit."


** 'I'll say what I want'
------------------------------------------------------------
NYT: Is Elon Musk’s Brazilian Nemesis Saving Democracy or Hurting It?

The New York Times (10/16/24 ([link removed]) ) declared that Brazil's Supreme Court may be "a threat to democracy itself" because it prosecutes violent threats against judges.

The Times' Nicas (10/16/24 ([link removed]) ) continued to platform far-right figures with suspect backgrounds while using the story of X's ban and reinstatement in Brazil to undermine Brazil's judiciary in "Is Elon Musk's Brazilian Nemesis Saving Democracy or Hurting it?" The article opened with:

Daniel Silveira, a policeman turned far-right Brazilian congressman, was furious. He believed Brazil’s Supreme Court was persecuting conservatives and silencing them on social media, and he wanted to do something about it.

So he sat on his couch and began recording. “How many times have I imagined you getting beat up on the street,” he said in a 19-minute diatribe against the court’s justices, muscles bulging through his tight T-shirt. He posted the video on YouTube in February 2021, adding, “I’ll say what I want on here.”

A Brazilian Supreme Court justice immediately ordered his arrest. A year later, 10 of the court’s 11 justices convicted and sentenced him to nearly nine years in prison for threatening them.

While the Times notes Silveira's YouTube rant against the Supreme Court, it failed to explain the context of his arrest. Silveira, who was kicked out of Rio de Janeiro's Military Police after 60 disciplinary procedures ([link removed]) , had been publicly inciting violence against the Supreme Court and its ministers for months, even after receiving warnings.

In one YouTube video, quoted ([link removed]) in the Supreme Court case, he says: "When a soldier or a corporal knocks on your door, locking it won't help. It will be ripped down. Yes, the armed forces will intervene and this is what we want."

In the US, federal judges can investigate threats against them through the judiciary's own police forces, such as the US Marshals and US Supreme Court Police. Yet the Times described the Brazilian Supreme Court's investigation as a "highly unusual move," while citing Moraes, central target in Brazil's failed coup attempt, 22 times.


** A target omitted
------------------------------------------------------------
NYT: Lula Was Target of Assassination Plot, Brazilian Police Say

Another target was Supreme Court Minister Alexandre de Moraes, whom the New York Times has frequently criticized—but the Times (11/19/24 ([link removed]) ) couldn't bring itself to report his name.

A series of events that unfolded in November have put a halt to the amnesty movement and attempts to prepare Bolsonaro for a Trump-like return in the 2026 elections.

On November 13, a member of Bolsonaro's Liberal Party (PL) detonated bombs in Brasilia’s Three Powers Plaza. Security footage shows him setting off a car bomb, attacking the Supreme Court with fireworks, and accidentally blowing himself up when his backpack bomb ricocheted off a statue. Several PL officials immediately called him a lone suicide bomber, a narrative echoed by the Times in a piece by Ionova (11/13/24 ([link removed]) ). However, due in part to his links to the PL party ([link removed]) , whose president was indicted along with Bolsonaro on November 21, the police are investigating ([link removed]) the case as a terrorist act.

On November 19, Federal Police arrested ([link removed]) a police agent and four army officers from the "Kids Pretos ([link removed]) ,” an army special forces division, for plotting to assassinate President-elect Lula, Vice President-elect Geraldo Alckmin and Moraes in December 2022. Planning ([link removed]) reportedly occurred at the home of Bolsonaro’s former defense minister and VP candidate, General Walter Braga Netto. Police said a hit man had been stationed near Moraes’ home on the planned assassination night, but the attempt was aborted
([link removed]) due to a scheduling change at the Supreme Court.

Despite outlets like AP (11/19/24 ([link removed]) ) and CNN (11/19/24 ([link removed]) ) naming Moraes as a target, the Times' Ionova (11/19/24 ([link removed]) ) omitted his name, stating only that “authorities did not divulge the name of the justice.” Brazil’s largest news outlet, Globo (11/19/24 ([link removed]) ), broke the story hours earlier, listing Lula, Alckmin and Moraes as targets.

Although the Times ignored it, the news that Justice Moraes was an assassination target has undermined the far right's narrative portraying him as overreaching in his oversight of federal police investigations into threats against Supreme Court justices and their families.

Just three days after the indictments, a November 24 ([link removed]) Times article by Nicas and Ionova, headlined "A Corruption Case That Spilled Across Latin America Is Coming Undone," targeted another Supreme Court minister, Dias Toffoli. It dusted off the discredited Car Wash investigation, an ostensible anti-corruption probe that ended in February 2021 (FAIR.org, 11/14/19 ([link removed]) , 12/20/23 ([link removed]) ), to further undermine Brazil’s judiciary. The article blamed Toffoli, who discarded tampered evidence and reversed convictions based on new proof from leaked Telegram chats showing collusion between Car Wash Judge Sergio Moro and the prosecution team, for causing an investigation that ended four years ago to "unravel."

On the same day, the article was published verbatim in Portuguese in Brazil’s third-largest newspaper, the conservative Estado de S. Paulo (11/24/24 ([link removed]) ).


** Historic window
------------------------------------------------------------

The November 21 indictments have opened a historic window of opportunity in Brazil. For the first time since Brazil's return to democracy in 1985, the judiciary is poised to hold high-ranking military officials—including those, like Bolsonaro security advisor Gen. Augusto Heleno ([link removed]) , who were actors in Brazil's bloody military dictatorship—accountable for breaking the law. Furthermore, there is a real possibility that Brazil will avoid suffering from the same system failure that led to Trump's return to the White House, by jailing former President Bolsonaro for crimes that are more serious than anything Trump was indicted for.

Why, at a moment like this, would the Times continue to bolster Brazil's Trump-aligned far right by delegitimizing one of Brazil's three branches of government? Could it simply be another, regrettable chapter in the Times'long history ([link removed]) ofsmear campaigns ([link removed]) againstleftist governments ([link removed]) in Latin America?



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