Reporters are having a hard time figuring out Ken Buck.

His statements on key issues are at odds with each other, and this has left some reporters, like local TV fact checkers, disagreeing about what some of his real beliefs are.

I have sympathy for these reporters. How do you sort out a guy who says we should “immediately flip the switch” on the Department of Education one day, and then calls for slowly phasing out the Department the next.

How does a reporter reconcile Buck’s view that government shouldn’t be in the retirement or health arenas at all with his view that we have an obligation to make Social Security and Medicare work for our seniors?

To give the public a better handle on how Buck thinks about these issues, reporters should take a few minutes to learn what he thinks about the U.S. Constitution and the intent of the founders.

Speaking to a Tea Party group in December Buck made it clear that we need to honor what he sees as the intent of the founders, which was to keep the federal government small.

“We have for 70 or 80 years put ourselves in a bind where we have grown government in a way that’s inconsistent with the way the founding fathers saw the government,” Buck said. “And I’m not ready to say unconstitutional because the Supreme Court, according to our constitutional structure, is the decision-maker on whether something is constitutional or not. It has said it is constitutional. It’s certainly not consistent with what I think the founding fathers intended. But I’m not sure it’s unconstitutional at this point. But that’s semantics.”

“And so,” Buck continued, “I think we need to recognize what the federal government shouldn’t be doing, and we need to develop a plan to move those programs into the state and the private sector. But again, it isn’t going to happen overnight.”

This view of the federal government gone awry, going back to the New Deal, explains how Buck can be so hostile toward, for example, Social Security, Medicare, and the Department of Education…-and yet not want to flip the switch on all of them (though he has said this about the Education Department, perhaps because his primary opponent was ready to shutter it immediately.)

Buck’s recipe for how he would scale back the New Deal initiatives and other federal programs may help resolve the dispute among reporters about whether Buck really thinks Social Security is constitutional or not, much less “horrible” policy.  It may well be that Buck was literally speaking his mind when he said, “I don’t know whether it’s constitutional or not,” if he reduces the distinction to mere semantics, while Social Security itself is “fundamentally against what I believe” since it would be one of those government programs that have put us “in a bind” in the last 80 years.

People need help understanding how Buck would get us to the world where major federal programs, like Social Security and Medicare, are privatized and the states have more control.

What’s Buck’s plan to create a government consistent with Buck’s view of the intent of the founders? What are the details? How many years until he could see Social Security and Medicare being fully privatized and out of the control of the federal government? How long until the Education Department is cut back and returned to the states, and which programs would be cut outright in the long term and which put in state control?

These and other questions spring forth from BigMedia’s question of the week for reporters:

What’s Ken Buck’s plan for moving major federal programs to the state and private sectors?

Partial transcript of Ken Buck discussing the U.S. Constitution and the size of government December 6,2009, at a Tea Pary gathering.

We have for 70 or 80 years put ourselves in a bind where we have grown government in a way that’s inconsistent with the way the founding fathers saw the government. And I’m not ready to say unconstitutional because the Supreme Court, according to our constitutional structure, is the decision-maker on whether something is constitutional or not. It has said it is constitutional. It certainly not consistent with what I think the founding fathers intended. But I’m not sure it’s unconstitutional at this point. But that’s semantics. I think your point is government has grown beyond where it should be, in ways that in shouldn’t be, and I agree with you. And I think the key is to find ways over time to reduce programs and privatize programs and return programs to the states.

But what about that kid with student loans who couldn’t go to college otherwise. Are we really going to say for 70 years we’ve had student loans, and that is an unconstitutional program, and now you can’t go to college? Or are we going to find a way to move from where we are now, which is wrong, to a system that recognizes human behavior and human needs and let the states take over these programs in a thoughtful way. And so I think we need to recognize what the federal government shouldn’t be doing and we need to develop a plan to move those programs into the state and the private sector. But again, it isn’t going to happen overnight. We didn’t get into this problem overnight and we aren’t going to solve this problem over night. And people who say we are going to solve it overnight are either ignorant or lying to you. And it’s very frustrating to have those people out there with simplistic answers to these very complex problems.

The Denver Post yesterday references an exchange between U.S. Senate candidates Ken Buck and Michael Bennet over a Bennet TV ad showing Buck making a series of statements. The Post reports:

The candidates had a sharp exchange over that ad during their first head-to-head debate Saturday. Buck said media examinations had found its assertions to be untrue, while Bennet stood by the claims.

Assuming Buck is referring to the fact checkers CBS4, 7News, and 9News (and I don’t know other news outlets that have checked the ad), this statement is false.

Those fact checkers found numerous portions of the ad to be true.

For exmaple, CBS4 and 9News deemed it true that, according to the ad, “Buck wants to privatize Social Security.” As a Post report recently put it, Buck’s Social Security plan would “offer private Wall Street investments.” And Buck is quoted on The Fix as saying Wall Street historically gets a higher rate of return than Social Security.

9News found it true, as the ad stated, that “Buck even questioned whether social security should exist at all.” On its website, 9News stated: “Buck has said numerous times, including at the Constitutionalist Today forum in March, that the …the idea the federal government should be running health care or retirement or any of those programs is fundamentally against what I believe and that is that the private sector runs programs like that far better.’ (Source: Constitutionalist Today Forum, March 9)”

7News and 9News found it true, as asserted in the ad, that Buck opposes abortion, even in the case of rape and incest. 7News on its website quoted this Buck radio interview:  “If you believe that life begins at conception, which I do, then the exception of rape or incest, you’re taking a life as a result of the crime of the father, and even though I recognize that it’s a terrible misery that that life was conceived under, it is still taking a life in my view, and it’s wrong.”

7News and 9News (on the video version) also found the ad’s statement, “Buck even wants to ban common forms of birth control,” to be true. 9News website states: “Buck believes life …begins at conception,’ so birth control methods that don’t impact that (i.e. condoms, some forms of the pill) are fine with him. Others that would keep a fertilized egg from implanting like hormone-based birth control methods, some other forms of the pill, IUDs, RU-486 and what’s known as the morning-after pill, are not supported by him. (Source: E-mail from Buck spokesman Owen Loftus to 9NEWS, Aug. 26)  As you can see from my blog post on this topic, featuring an interview with the Chair of the Obstetrics Department at the University of Colorado Medical School, all forms of the pill could potentially prevent a fertilized egg from implanting.

As the TV fact checkers might say, here’s the bottom line: Aspects of the ad were found to be true, others out of context or misleading, and just a couple points were deemed false or opinion.

The fact checkers did not say the Bennet ad was untrue, and reporters should correct Buck if he tells them so.

Michael Bennet’s recent TV ad claims that Ken Buck has “even questioned whether Social Security should exist at all.”

The ad then shows a clip of Buck stating, “I don’t know whether it’s constitutional or not. It is certainly a horrible policy.”

In assessing this segment of the Bennet ad this month, most Denver media outlets (e.g., CBS4, 7News , 9News, and a Denver Post editorial ) have said it’s true but misleading. As 9News reported: “It is true that Buck has questioned whether the federal government should be providing a retirement plan instead of the private sector, but it’s false to say he called it a horrible policy.”

9News and other outlets pointed out that Buck wasn’t referring to Social Security when he used the “horrible-policy” line but instead to the practice of borrowing Social Security funds to pay for other federal expenses.

It’s fair to say that Buck’s specific “horrible-policy” line was directed at a narrow aspect of Social Security, and in that sense it’s misleading as used in the ad. But media outlets are being misleading themselves by not analyzing a larger collection of Ken Buck’s statements about Social Security.

Such an analysis, which was done very well by a news reporter at The Post in August and by 9News on its website, reveals the larger point that Buck indeed considers Social Security a really lousy idea, if not a horrible one, even if he doesn’t want to abolish the program. (CBS4, News7, and the Post editorial did not reference the Buck comments below.)

First, there’s this comment by Buck in March:

“But the idea that the federal government should be running healthcare or retirement or any of those programs is fundamentally against what I believe and that is that the private sector runs programs like that far better.”

Then, in an August interview with John King, Buck again said Social Security should be preserved, but he implied that the decision to establish the retirement program was a mistake:

KING: So let’s make clear to anyone, many people just getting to know you across the country, Social Security, 75th anniversary this year. A good policy? Or would you prefer the federal government not get involved in retirement policy?

BUCK: I certainly don’t think it’s what the Founding Fathers intended but we have the policy. We’ve made a promise to our seniors. We need to keep that promise. I think we need to make sure that we are putting Social Security on a sustainable path. It’s absolutely something that the federal government is going to be involved in, in the future. We can make it the best program we can make it.

To get more facts on the table, reporters should ask Ken Buck Bigmedia’s question of the week:

Given that Ken Buck has said “the idea the federal government should be running health care or retirement or any of those programs is fundamentally against what I believe and that is that the private sector runs programs like that far better,” would he have voted for the original act that established Social Security or the one that started Medicare, if he’d been in the Senate at the time?

You’re excused for missing it, but there’s some disagreement among local TV reporters about whether Ken Buck’s anti-abortion stance means he’d oppose common birth-control methods.

Three local TV news stations fact checked the segment of a Michael Bennet ad stating that Ken Buck “wants to ban common forms for birth control,” and each station came up with a different conclusion.

7News called it a fact, lumping it together with Buck’s position against abortion, even in the case of rape and incest, and stating that “this is Buck’s position on abortion.” (No citations are provided.)

News4 called it opinion, using this logic: “Buck’s position is, life begins at conception. By far, the most common forms of birth control, condoms and the pill, work before conception. And Buck is not opposed to those.” (News4 provided no citations.)

9News got uncharacteristically squishy on us and couldn’t decide if the statement was true or false. 9News told viewers that the veracity of Bennet’s ad “likely depends on what you consider common forms of birth control.” (As with all of its Truth Tests, 9News did provide detailed citations, one of which cited an email from Buck’s campaign stating that Buck opposes birth control methods that “would keep a fertilized egg from implanting, like hormone-based birth control methods, some other forms of the pill, IUDs, RU-486 and what’s known as the morning-after pill.” )

To get the facts on the table about the impact of birth-control measures on fertilized human eggs, I emailed Nanette Santoro, MD, chair of the Department of Obstetrics and Gynecology, at the University of Colorado.

She agreed to provide information, as long as I emphasized that she does not advocate any political position but instead provides current scientific thinking on the topic.

I asked her which human birth control methods don’t damage a fertilized egg.

She emailed me this list of barrier methods: Condom, diaphragm, Essure method of blocking the fallopian tubes. She also included vasectomy and tubal ligation.

I asked which methods cause damage to fertilized eggs.

Her reply:

“Combination birth control pills [made with hormones progestin and estrogen], vaginal rings, or patches interrupt ovulation and do not harm fertilized eggs. Eggs are not released in these cases.

Progestin-only pills, or implants, had been long thought to cause a hostile environment to the fertilized egg. The lining of the uterus is rendered unreceptive in this line of reasoning, and that is why women do not conceive. This conceptualization has led to the belief that these methods interrupt a fertilized egg. Therefore, a person who believes that life begins at conception would understandably be averse to such a method. However, newer research indicates that progestin-only methods make it harder for the sperm to get to the egg by affecting cervical mucus permeability to sperm, and may also interfere with the motility of the fallopian tubes, making it hard for sperm to get up there or for the eggs to get down. Therefore, the accumulated data now weighs more in favor of these methods not interfering with fertilized eggs. This is an important change in thinking.

Methods like the progestin IUD, Mirena, may also act this way and may not inhibit the fertilized egg but may prevent fertilization from occurring. The copper IUD is more likely to interfere with fertilization.”

I asked her: When you say the data “weighs more in favor” of progestin-only pills “not interfering” with fertilized eggs, do you mean that they could potentially interfere but probably won’t? This would be important to those who believe life begins at conception.

She replied:

“I think it’s unlikely but there is never any definitive evidence in that regard. So if I were a sort of ‘agnostic’ on this question of when life begins, I would feel comfort at the fact that my progestin-only method was unlikely to be interfering with a fertilized egg, and would sleep well at night.  However, if I were a very black-and-white thinker, and could not tolerate the possibility that a fertilized egg might be interfered with by my birth control method–no matter how small the possibility–it would be best for me to choose another method.”

I did a bit more research and then asked her this question: Even if taken properly, the combination pill that stops ovulation has a failure rate, meaning that sometimes ovulation occurs and an egg is fertilized accidentally. Very rare, I know. But if ovulation occurs, is implantation affected? In other words, is the accidental fertilized egg less likely to be able to implant in the uterus of a woman who’s been taking anti-ovulation pills?

Santoro replied:

“It’s not known with certainty what happens when a woman who uses birth control pills regularly ovulates.  Usually there is an error or an interaction with another medication that lowers the pill’s potency.  Because the pill contains both estrogen and progesterone, the lining is likely to be receptive to the fertilized egg.  But in some women, the lining is actually stimulated by too much progesterone.  In these cases, it gets relatively thin and might be inhospitable to a pregnancy.  It is hard to know whether this is even a credible mechanism, though, because the pill also inhibits sperm entry into the uterus and alters tubal motility.”

I asked her one last question: What kind of birth control pill is the most common, combination or progestin-only? Or are they about the same in popularity?

Her reply: I think they are all about the same in popularity.

So you can interpret Santoro’s facts for yourself, since Santoro is not taking a political position here. She’s just offering information.

But as I interpret it, if you believe that killing a fertilized egg is murder, as Ken Buck does, then you wouldn’t tolerate even the most remote chance that your birth-control pill could cause murder by potentially stopping implantation, in rare cases, of a fertilized egg that otherwise could have implanted in the uterus.  

So based on Buck’s campaign statement to 9News that he opposes birth control methods that “would keep a fertilized egg from implanting,” then he would logically oppose all types of birth-control pills, which are the most common type of birth control in America, because all of them could potentially do this.

In an excellent paper released Aug. 31, Ari Armstrong and Diana Hseih arrive at the same conclusion stating:

“While most often the pill acts to prevent fertilization, sometimes it can prevent a zygote from implanting in the uterus,” they write, adding that the birth-control-pill manufacturers, Ortho Tri-Cyden and Trinessa, state that their pills alter the lining of the uterus.”

So as you can see below, only the fact checkers at 7News appear to have properly evaluated the segment of Bennet’s ad addressing birth control.

7News reported categorically that it’s true that Ken Buck wants to ban common forms of birth control, properly combining his abortion position with his birth-control stance. That’s correct.

9News was half right, pointing out that Buck opposes birth control methods but failing to dig deeply enough into the matter to understand that all birth-control pills would be opposed by Buck, based on his own criteria for protecting fertilized eggs.

And News4 got it wrong by claiming Buck doesn’t oppose the pill when, in fact, he has said he opposes some types of birth-control pills as well as any birth-control method that makes implantation less likely, which could include all pills, at least in rare instances.

Now reporters should ask Buck himself what he has to say to women who are using forms of birth control that he opposes. About 17 million women in America who use the pill, plus millions of others who use forms of the IUD and other methods, and would like to know.

PARTIAL TRANSCRIPTS OF LOCAL TV NEWS STORIES ON BENNET’S TV AD

News4 Reality Check: Bennet Jumps in with Attack on Buck

News4: The final claim in the ad is aimed at Buck’s pro-life stance.

AD: Ken Buck even wants to ban common forms of birth control.

News4: That’s opinion. Buck’s position is, life begins at conception. By far, the most common forms of birth control, condoms and the pill, work before conception. And Buck is not opposed to those.

7News Investigators: “Fact or Fiction: Is Ken Buck too Extreme?”

AD:

Narrator: “Ken Buck wants to ban common forms of birth control. And his view on abortion?”

Buck: “I am pro-life and I’ll answer the next question, I don’t believe in the exceptions of rape or incest.”

FACT:

This is Buck’s stance on abortion. He has said that the only exception is when the life of the mother is at risk. During an interview with Craig Silverman on KHOW radio, Buck reinforced his position on abortion.

“If you believe that life begins at conception, which I do, then the exception of rape or incest, you’re taking a life as a result of the crime of the father, and even though I recognize that it’s a terrible misery that that life was conceived under, it is still taking a life in my view, and it’s wrong,” said Buck.

9News “Truth Test: More Context for Buck’s comments.”

QUOTE: Does Ken Buck speak for you? Buck supports banning common forms of birth control.

TRUTH: This likely depends on what you consider common forms of birth control.

Buck believes life “begins at conception,” so birth control methods that don’t impact that (i.e. condoms, some forms of the pill) are fine with him. Others that would keep a fertilized egg from implanting like hormone-based birth control methods, some other forms of the pill, IUDs, RU-486 and what’s known as the morning-after pill, are not supported by him. (Source: E-mail from Buck spokesman Owen Loftus to 9NEWS, Aug. 26)

According to the Centers for Disease Control and Prevention, the latter category included at least 5.2 million women in America between 2006 and 2008 (Source: CDC website: http://www.cdc.gov/nchs/nsfg/abc_list_e.htm#emergency)

You may recall that last week’s BigMedia question of the week for reporters was, “Does Ken Buck support a ban on the use of morning-after pill, even for a woman who is raped by a family member?

The answer turns out to be yes, as reported by 9News in a story fact checking a Michael Bennet ad. Buck opposes the use of the morning after pill, because it could harm a fertilized egg, according the Buck spokesman Owen Loftus, who was cited by 9News. (More on this topic later this week.)

This week’s BigMedia question of the week for reporters is: If Ken Buck had been a member of the U.S. Supreme Court at the time, how would he have voted on Brown V. Board of Education?

The question arises after ColoradoPols posted a video of Buck last week, in which  he is quoted as saying:

“In the 1950s, we had the best schools in the world. And the United States government decided to get more involved in federal education. Where are we now, after all those years of federal involvement, are we better or are we worse?”

The video got a bit of play nationally, but surprisingly the Colorado media has essentially ignored it.

The truth is, you really can’t conclude anything about Buck’s view on the topic from the video. But the fact that he specifically cites the 1950s does raise legitimate questions about his views on Brown V. Board of Education, especially in light of his general opposition to federal involvement in education.

So reporters should ask him about it. It’s definitely in the public interest to clarify what Buck thinks about one of the most significant Supreme Court cases in American history.

9News’ excellent “Truth-Test” series, which checks the facts of political ads, confirmed today that U.S. Senate candidate Ken Buck supports a ban on the morning-after pill, even for a woman who is raped by a family member.

The Colorado Independent, the Free Colorado blog, and others have pointed out that this is consistent with Buck’s endorsement of the Personhood amendment.

In fact checking an advertisement by Buck’s opponent Michael Bennet, 9News reported today:

Buck believes life “begins at conception,” so birth control methods that don’t impact that (i.e. condoms, some forms of the pill) are fine with him. Others that would keep a fertilized egg from implanting like hormone-based birth control methods, some other forms of the pill, IUDs, RU-486 and what’s known as the morning-after pill, are not supported by him. (Source: E-mail from Buck spokesman Owen Loftus to 9NEWS, Aug. 26)

According to the Centers for Disease Control and Prevention, the latter category included at least 5.2 million women in America between 2006-2008. (Source: CDC website: http://www.cdc.gov/nchs/nsfg/abc_list_e.htm#emergency)

I’m trying to determine if there are indeed forms of the pill that do no harm to zygotes, otherwise known as an egg and a sperm that have formed a union. Most if not all forms of the pill apparently do pose a serious threat to zygotes, so Buck is apparently against most if not all forms of the pill. But I’ll research this more and report back.

In a debate with Ken Buck on Sunday’s YourShow, Adam Schrager’s thoughtful public affairs TV show on Channel 20 that solicits questions and show-topic ideas from viewers like you, Jane Norton cited Schrager’s own Truth Test reporting to support her contentions that 1) under Ken Buck, the Weld County DA budget increased by 40 percent and 2) as director of the Colorado Health Department, Norton cut the department’s general fund budget by 28 percent.

Schrager immediately corrected Norton on the 40 percent figure, reminding her that 9News’ Truth Test determined that Buck’s budget had risen by 31 percent, not 40 percent. (Truth Test is an excellent 9News series that evaluates the veracity of political advertisements aired on 9News.) 

After correcting Norton on her 40 percent figure, Schrager turned the mic over to Buck, who told Norton that 9News’Truth Test also showed that she did not cut her budget when she presided over the health department.

Schrager didn’t intervene and render a verdict on whether his Truth Test supported Norton’s claim that she cut the health department budget or Buck’s claim that she didn’t. 

So I asked Schrager via email today about it. He replied:

There’s a little more to this right off the bat, but fundamentally, I let it slip.

First of all, she approached the CDPHE point differently than I had her mention it before. Had she said she cut the budget, it would have been a no-brainer, but I heard something different and it was live TV and frankly, I didn’t process exactly what she said until I went back to the tape.

The ad says she cut budgets and for the reasons I articulated, that is incorrect. It’s a power given to lawmakers and the governor. But in the debate, she specifically phrases it differently saying the general fund, “what I had responsibility for, I cut 28%.” I got caught up on the general fund and the what I had responsibility for lines and I missed the “I cut” because that obviously brings up the same point as before. Department heads play roles in the process but they are not the end arbiters of their fate. She’s also incorrect when she says he’s grown his budget as he’s also not in control of his budget, but the Weld County Commission is.

I’ve also made clear to Buck’s folks, if they accuse her of raising her budget, I’ll disagree with that for the same reasons as above.

As I wrote before, different news outlets have come up with different ways to come to the same conclusion that Norton did not cut the budget at the Colorado health department (CDPHE).

While at least three major news outlets (9News, Denver Post, Fox31) have suggested that Norton did not cut her CDPHE budget, not a single reporter has sided with Norton on the matter–and reporters haven’t even quoted budget experts supporting Norton’s position. (The Post piece did not assert that Norton’s claim was wrong but quoted a GOP budget maven saying her claim to cut the CDPHE general fund was bogus.)

In ongoing reporting on this topic, F0x31 is taking the right approach in pointing out to viewers that Norton did not cut her CDHPE budget. As Eli Stokols reported yesterday:

On the campaign trail, Norton has continued to tell voters that she cut spending at CDPHE, even though, as FOX31 was first to report in March , the budgets she oversaw have shown that spending actually increased slightly during her tenure.

That’s the most fair and accurate way to describe what happened to the CDPHE budget under Norton.

Here’s a transcript of the exchange in question between Buck and Norton on YourShow July 22.

Norton: Both Ken and I have had budgets that have been entrusted to us by the taxpayers of Colorado. I have had two, one when I was head of the state health department. And the general fund appropriation, according to your fact check, what I had responsibility for, I cut 28 percent, in the four years I was in office. I was also lieutenant governor, and in the four years I cut what I has responsibility for, according to your fact check, by 10 percent.  Ken on the other hand talks about being for limited government but he has grown his budget at Weld County District Attorney’s office by 40 percent over the time he’s been in office. So you can say you’re a fiscal conservative, and you can say you believe in limited government, but does your record match your rhetoric.

Schrager: Our truth test actually showed it was 31 percent that the Weld County District Attorney’s office went up, but I assume you want to speak to that anyhow.

Buck:  You know, don’t let truth get in the way of a good political message. The fact check on Jane’s most recent commercial shows that she was false when she says that she cut her budget and false when she says my budget went up 40 percent.  She continues to repeat those lines as if repeating them will make them true.  It won’t make them true.