Pence's phony claim about Indiana voter fraud Vice President Pence is the former Republican governor of Indiana. He went on Fox News last week and claimed, "In 2012, there was a Democrat super PAC that was involved in our elections, that literally, there was a group of people that were prosecuted for falsifying ballots." Pence was following President Trump's example in more ways than one. Like Trump, Pence was sounding the alarm about states ramping up mail-in voting to contain the spread of the coronavirus. And like Trump, Pence got Four Pinocchios for his baseless claim. He got the year wrong (it was 2016, not 2012), the charges wrong (prosecutors did not allege ballot falsification or election tampering), and almost every other detail wrong (most of the individuals were not prosecuted but sent to pretrial diversion programs). As we often note, incidences of voter fraud are exceedingly rare in the United States, the odds being lower than those of being struck by lightning, according to the Brennan Center for Justice. Submitting a false voter registration form, as some of the Democratic super PAC employees in Indiana admitted to, is certainly illegal. But none of the registrations submitted led to a fraudulent vote in Indiana, and all were actually flagged and removed before they were processed. For the full fact check, click here. Enjoy this newsletter? Forward it to someone else who'd like it! If this email was forwarded to you, sign up here. Did you hear something fact-checkable? Send it here; we'll check it out. Malpractice on MSNBC Senate Minority Leader Chuck Schumer (D-N.Y.) made a sweeping claim on MSNBC — a Republican bill, he said, would bar all medical malpractice lawsuits until 2024. The show being "All In," Schumer doubled down on his claim when host Chris Hayes asked, "Really?" No, not really. The Safe to Work Act, sponsored by Senate Majority Leader Mitch McConnell (R-Ky.) and Sen. John Cornyn (R-Tex.), would create a new cause of action in the federal courts for medical malpractice cases involving the coronavirus. A health-care worker or facility would be held liable only for an act of gross negligence or intentional misconduct, as the bill is written. The Cornyn-McConnell bill specifically allows these lawsuits. But it also would establish federal jurisdiction over all of them, preempting similar claims in state courts, which experts say have less onerous standards of proof for medical malpractice. The Republican bill says the liability shield would be in place until the federal government's coronavirus disaster declaration expired or 2024, whichever is sooner. A Schumer spokesman said the senator's claim was accurate because the GOP bill creates an all-purpose loophole. Any provider who was "impacted" by the coronavirus could use the Safe to Work Act as a shield from liability in cases that do not involve the coronavirus, according to Schumer's office. The medical malpractice experts we consulted were split on whether the Republican bill actually would do that. "For example, if someone goes in for open heart surgery, and the MD is negligent and she dies, this law would not in my view protect that doctor from liability," Allison K. Hoffman, a medical malpractice expert and law professor at the University of Pennsylvania, wrote in an email. However, she and other experts agreed that Schumer had a point in that some provisions of the GOP bill could end up chilling meritorious lawsuits from injured patients. We gave Three Pinocchios to Schumer because the detailed and plausible argument his staff laid out was nowhere to be found in the MSNBC interview. Instead, viewers got a dizzying mischaracterization of the bill. For the full fact check, click here. Bookend Our new book is now a national bestseller. "Donald Trump and His Assault on Truth," published by Scribner, tells the story of a president who has racked up more than 20,000 false or misleading claims — and what it's like to fact check him. Over 386 pages, we debunk a host of statements and tweets Trump has made on the economy, immigration, foreign policy, his impeachment, the Russia probe, the coronavirus pandemic and more. The book is as comprehensive as it is reader-friendly, divided into chapters by subject. It's available in print, e-book and audiobook. Reviewers have called it "a great public service," "an extremely valuable chronicle," "an authoritative and pull-no-punches guide through Trump's alternate universe" and "a fascinating and necessary guide to his behavior, well-suited both to those only vaguely familiar with U.S. politics and those who follow Trump's every move." We're always looking for fact-check suggestions. You can reach us via email, Twitter (@GlennKesslerWP, @rizzoTK, @mmkelly22, @SarahCahlan) or Facebook. Read about our process and rating scale here, and sign up for the newsletter here. Scroll down for this week's Pinocchio roundup. | 
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