Fact-checking night 1 of the Democratic National Convention

Democratic state and federal officeholders, including President Joe Biden, delivered some false, misleading or lacking-key-context claims on the first night of the Democratic National Convention on Monday.

Biden repeated misleading claims he has made in previous speeches about billionaires’ tax rates and foreign trade. He also overstated the extent to which his efforts to fight climate change are expected to reduce US carbon emissions in the next decade. He made an outdated claim about the number of Americans with health insurance. And he omitted key context about his administration’s infrastructure-building efforts, framing distant goals as if they were already achievements.

Speaking earlier in the night, Sen. Dick Durbin of Illinois denounced former President Donald Trump for having presided over a loss of jobs without mentioning the critical context that the losses occurred because of the Covid-19 pandemic that caused a global economic crash. A video played at the convention similarly left out important context on the respective job-related records of the Trump and Biden-Harris administrations.

Michigan state Sen. Mallory McMorrow falsely claimed that the Supreme Court has made Trump “completely immune from prosecution,” significantly overstating the court’s recent ruling.

And Rep. Robert Garcia of California misleadingly described Trump’s widely criticized 2020 comments about the possibility of scientists studying the use of injected disinfectant as a Covid-19 treatment, wrongly saying Trump had instructed Americans to inject bleach.

Here is a CNN fact check of these claims and some other remarks made on Monday.

Biden on taxing billionaires

During his speech, Biden asked the audience if they knew what the average billionaire in the United States pays in taxes.

“We have a thousand billionaires in America. You know what the average tax rate they pay? 8.2%,” Biden said.

Facts First: Biden used this figure in a way that was misleading. As in previous remarks, including his State of the Union address in March, Biden didn’t explain that the figure is the product of an alternative calculation, from economists in his own administration, that factors in unrealized capital gains that are not treated as taxable income under federal law.

There’s nothing inherently wrong with the alternative calculation itself; the administration economists who came up with it explained it in detail on the White House website in 2021. Biden, however, has tended to cite the figure without any context about what it is and isn’t, leaving open the impression that he was talking about what these billionaires pay under current law.

So, what do billionaires actually pay under current law? The answer is not publicly known, but experts say it’s clearly more than 8%.

“Biden’s numbers are way too low,” Howard Gleckman, senior fellow at the Urban-Brookings Tax Policy Center at the Urban Institute think tank, told CNN in 2023. Gleckman said that in 2019, University of California, Berkeley, economists Emmanuel Saez and Gabriel Zucman “estimated the top 400 households paid an average effective tax rate of about 23% in 2018. They got a lot of attention at the time because that rate was lower than the average rate of 24% for the bottom half of the income distribution. But it still was way more than 2 or 3,” numbers Biden has used in some previous speeches, “or even 8%.”

In February 2024, Gleckman provided additional calculations from the Tax Policy Center. The center found that the top 0.1% of households paid an average effective federal tax rate of about 30.3% in 2020, including an average income tax rate of 24.3%.

From CNN’s Daniel Dale

Biden on carbon emissions

Speaking about his achievements on climate, Biden said his agenda made possible “cutting carbon emissions in half by 2030.”

Facts First: Independent analysis shows the US is off-track to meet an ambitious goal Biden set early in his administration of slashing US carbon emissions in half by 2030 – even with his climate law.

Biden’s climate target of cutting emissions 50-52% below 2005 levels (2005 was the historical peak for US carbon emissions) by 2030 was always going to be a tough goal to achieve. When the Inflation Reduction Act passed in 2022, analysis suggested it would get the US most of the way toward its goal – about a 40% reduction in carbon emissions. The thinking was that regulations from agencies like the Environmental Protection Agency would help make up the rest of the goal.

But a recent analysis from the nonpartisan Rhodium Group found that the US isn’t on track to hit Biden’s goal of slashing US emissions in half by 2030. Rhodium estimates the US is currently on track to reduce emissions anywhere from 32-43% by that date. However, the report says the US could surpass Biden’s goal by 2035 if there are no major changes to current policies, finding that the US would likely pick up the pace of decarbonizing its transportation, power and heavy industry sectors in the 2030s compared to the 2020s.

One big impediment to Biden’s goal is the fact that the EPA’s marquee climate rules regulating emissions from vehicles and power plants are facing an onslaught of legal challenges and a skeptical US Supreme Court. And an even bigger question mark is the 2024 election and whether Biden will be replaced by another Democrat with similar climate ambitions or former President Donald Trump – who has vowed to reverse much of Biden’s climate agenda.

From CNN’s Ella Nilsen

Biden’s claim about removing lead pipes from schools and homes

Biden, speaking about his bipartisan infrastructure law, said: “We’re removing every lead pipe from schools and homes, so every child can drink clean water.”

Facts First: This claim needs context. While the administration is spending $15 billion and working on federal regulations to remove all lead pipes from public drinking water systems over a decade, they may not be able to replace all pipes and service lines on private properties.

Lead drinking pipes can be found all over the country; some national estimates say the total number of lead service lines is around 9.2 million. Lead in drinking water is a major health concern for babies and young children, and Biden has made eradicating it a major priority. The Biden EPA proposed a major rule that, if finalized, would compel water utilities to gradually get rid of 100% of their lead pipes and service lines over 10 years.

The EPA estimates this effort will cost utilities $20 billion to $30 billion over that decade; $15 billion of that could be covered by the bipartisan infrastructure law, and there is an additional $11.7 billion available through the Drinking Water State Revolving Fund that could be used for lead removal as well. Cities with lead pipes, including New Orleans, are currently trying to locate all of their lead pipes.

Besides funding, the other issue is the EPA rule as currently proposed doesn’t cover lead pipes or service lines on private property. Replacing these smaller pipes on private property that go into homes could present an even more complex and costly challenge. Though the Biden initiative will make a major dent in replacing the country’s lead pipes, it’s unlikely to be able to replace every single one on both private and public property.

From CNN’s Ella Nilsen

Biden’s claim about trade ignores widening deficit under his presidency

In his speech, Biden said, “We used to import products and export jobs. Now we export American products and create American jobs right here in America.”

Fact First: This claim is misleading. So far this year, the United States has imported more goods than it has exported, leading to a seasonally adjusted trade deficit of more than $567 billion, according to figures from the US Census Bureau. 

In fact, the goods trade deficit has widened since Biden took office. In 2020, the nation’s goods trade deficit was $901 billion. After Biden’s first year in office, it increased to over $1 trillion and has stayed above that threshold every subsequent year.

The dollar’s strength has played a role in widening the goods trade deficit, making it more expensive for other countries to buy US-produced goods, and at the same time, cheaper for Americans to buy goods abroad.

From CNN’s Elisabeth Buchwald 

Biden on building electric vehicle charging stations

Speaking about his administration’s goal to create more clean energy jobs, Biden said IBEW workers were at work “installing 500,000 charging stations all across America” to power electric vehicles.

Facts First: This is more of a promise than a fact, but even so, it needs context. For a few reasons, it’s questionable whether the Biden administration will be able to meet its goal of installing 500,000 electric vehicle charging stations on US roads.

Installing 500,000 electric vehicle charging stations has long been one of Biden’s goals. The president initially proposed Congress spend $15 billion to make it a reality, but just half of that – $7.5 billion – passed as part of the 2021 bipartisan infrastructure law. The latest data from the Department of Energy shows the United States is still a long way from that goal; there are currently more than 180,000 EV charging ports operating at over 66,000 station locations around the US.

Though the administration has said that could be backfilled by private investment, that change in funding could hinder the administration’s ability to meet the goal. The federal government has spent the last few years sending money to states; states can now unlock more than $900 million in funding for fiscal years 2022 and 2023, which the administration estimated will “help build” chargers across approximately 53,000 miles of US highways.

Over the next five years, the full $5 billion will be spent to build out a network of EV chargers on major highways. Another pot of $2.5 billion in grant funding is also available for states to apply to; in January, $623 million in grant funding went out the door to help counties, cities and tribes around the nation install new charging stations for electric vehicles and long-haul freight trucks.

But it’s been slow going. States are still in the process of selecting companies to actually build the charging stations, meaning it could still take months or even years to fully see the impact of the money around the nation.

There is also a wide range in how much different types of chargers cost, and individual states have a lot of leeway in deciding what kinds of chargers will go on their roads. DC fast chargers can charge a car to mostly full in 20 minutes to an hour and are meant to go on major highways and roads. Another kind of charger known as an L2 charger can take hours to charge a car to full. But DC fast chargers are much more expensive, costing around $100,000 compared to around $6,000 for an L2, Ellen Hughes-Cromwick, a senior resident fellow at the think tank Third Way, has told CNN.

From CNN’s Ella Nilsen 

Biden on number of people with health insurance

Biden touted his achievements in expanding health insurance coverage to more Americans.

“More Americans have health insurance today than ever before in American history,” he said at the Democratic National Convention.

Facts First: Biden’s claim is outdated. While it’s true that health insurance coverage hit a record high last year, fewer people were insured in the first quarter of this year than in the spring of last year – in large part because a federal law that prevented states from winnowing their Medicaid rolls lapsed last year.

Some 130 million Americans had public health insurance coverage, such as Medicare or Medicaid, in the first quarter of this year, but that’s down from nearly 138 million people in the second quarter of last year, according to the latest National Health Interview Survey. The loss outpaces the gain of just under 3 million people in private health insurance plans. (A small number of people have both types of coverage.)

At the same time, the number of uninsured Americans rose to 27.1 million in the first quarter of this year, up from 23.7 million people in the spring of 2023. That pushed the uninsured rate up to 8.2%, from 7.2%, over that time period.

One main reason why health insurance coverage hit a record high last year was because of a Covid-19 pandemic relief provision that barred states from involuntarily disenrolling residents whom they deemed no longer qualify in exchange for enhanced federal funding. That prohibition was lifted in April 2023.

Only 81.7 million people were enrolled in Medicaid and the Children’s Health Insurance Program this past April, according to the Centers for Medicare and Medicaid Services. That compares to 93.9 million people in March 2023, before the provision lapsed.

From CNN’s Tami Luhby

Biden claims Trump will do “everything to ban abortion nationwide”

Biden said Monday that “Trump will do everything to ban abortion nationwide. Oh, he will.”

Facts First: Biden is making a prediction that we cannot definitively fact check, but the claim does not reflect Trump’s most recent comments on abortion and needs context.

While Trump regularly boasts that he played a key role in getting the US Supreme Court to overturn the 1973 Roe v. Wade decision that guaranteed abortion rights across the country, Trump says it should be up to the states to decide how and when to restrict abortion. Polls show that the majority of Americans are against a federal abortion ban.

Throughout this most recent campaign, Donald Trump has repeatedly ducked direct questions about his support for a federal ban on abortions, but he said in April that he would not sign a national abortion ban if elected to the White House again. That statement reversed what he said in 2016 when he was first running for the presidency and was the opposite of statements he made throughout his time in office.

Some scholars are concerned that conservative advisers to Trump have encouraged him to ban abortions by enforcing the 1873 Comstock Act, a method that could essentially create a federal ban without Trump needing to sign any legislation to do it.

The Victorian-era anti-vice law that is still on the books is not currently enforced. The law bans the mailing of “obscene” materials used to produce an abortion. Some scholars believe Trump could use the Justice Department to enforce a ban that would not just restrict people from sending the medication currently used in the majority of abortions through the mail, but would ban any kind of materials used to produce any kind of abortion.

Trump has not officially endorsed the enforcement of the Comstock Act, but it is a strategy some of his advisers have outlined as an option for Trump to restrict abortions nationwide.

From CNN’s Jen Christensen

California congressman’s misleading claim about Trump’s comments about Covid-19 and disinfectant

Garcia claimed, among other things, that Trump “told us to inject bleach into our bodies,” while criticizing Trump’s handling of the Covid-19 crisis.

Facts First: Garcia’s claim is misleading. Trump never portrayed his ill-informed 2020 musings about the possibility of using disinfectant to treat Covid-19 as actual advice to Americans. Rather, Trump was talking about the possibility of scientists testing the possibility of using disinfectant as a treatment.

During a press briefing in April 2020, Trump expressed interest in scientists exploring the possibility of whether Covid-19 could be treated using disinfectants inside people’s bodies, “by injection inside or almost a cleaning,” or by deploying powerful light “inside the body, which you can do either through the skin or in some other way.” Trump’s comments were slammed by medical experts as highly dangerous, and they prompted urgent warnings from public health authorities and companies that sell household disinfectants. But he never actually said he was suggesting citizens go and use such products.

Trump made the ill-informed remarks after Bill Bryan, the acting undersecretary of science and technology for the Department of Homeland Security, outlined tests in which he said sunlight or disinfectants like bleach and isopropyl alcohol quickly killed the coronavirus on surfaces and in saliva.

When Trump jumped shortly afterward to the dangerous idea of injecting disinfectants inside people’s bodies, he was talking about experts somehow testing that idea. He said: “And is there a way we can do something like that, by injection inside or almost a cleaning, because you see it gets in the lungs and it does a tremendous number on the lungs, so it’d be interesting to check that, so that you’re going to have to use medical doctors with, but it sounds interesting to me. So we’ll see.”

From CNN’s Daniel Dale

Durbin’s missing context on Trump’s jobs record

Durbin of Illinois, the Senate Majority Whip, claimed of Trump: “He lost millions of jobs in America.” Durbin said shortly after that, “He is one of only two presidents in the history of the United States to leave office with fewer Americans working than when he started.”

Facts First: Durbin’s statistics are correct, but he left out some critical context about them. While there was a net loss of about 2.7 million jobs from the beginning of Trump’s four-year term to the end, there was a net gain of about 6.7 million jobs under Trump until the Covid-19 pandemic hit the country about three years into his term.  

Nearly 22 million jobs were lost under Trump in March 2020 and April 2020 when the global economy cratered on account of the pandemic. The US then started regaining jobs immediately, adding more than 12 million from May 2020 through December 2020, but not enough to make up for the massive early-pandemic losses.

From CNN’s Daniel Dale 

Beatty’s claim about the Biden administration’s expansion of the child tax credit

Ohio Rep. Joyce Beatty praised the Biden administration’s efforts to provide larger tax credits for families and lift more children out of poverty.

“Joe and Kamala have been expanding the child tax credit, and let me just tell you … cutting the poverty rate for our children,” she said.

Facts First: Beatty’s claim needs context. It’s true that the expanded child tax credit passed early in the Biden administration slashed the child poverty rate in 2021, but the benefit only lasted for the one year the temporary enhancement was in effect. Child poverty increased in 2022 to a rate roughly comparable to where it was in 2019.

The American Rescue Plan Act, which Democrats pushed through Congress in March 2021, increased the size of the child tax credit to up to $3,600 – from $2,000 – for eligible families, enabled many more low-income parents to claim it and distributed half of it on a monthly basis.

That helped send child poverty – as measured by the Supplemental Poverty Measure – to a record low 5.2% in 2021, a drop of 46% from 2020, when the rate was 9.7% according to the US Census Bureau. The child tax credit lifted 2.9 million children out of poverty in 2021, with the temporary enhancement accounting for 2.1 million of those kids, according to the Census Bureau.

The Supplemental Poverty Measure, which began in 2009, takes into account certain non-cash government assistance, tax credits and needed expenses.

But in 2022, child poverty soared to 12.4%, roughly comparable to where it was prior to the pandemic in 2019. It was the largest jump in child poverty since the Supplemental Poverty Measure began.

Earlier this year, the House passed a tax bill that would again expand the child tax credit temporarily, though the boost would not be as generous as it was in 2021. Senate Republicans blocked it from advancing in their chamber earlier this month.

From CNN’s Tami Luhby

Harris campaign video showcasing Trump’s ‘lies’ on the economy misses context

In a prerecorded video from Vice President Kamala Harris’ campaign team, a staffer shared claims Trump has made about the economy seeking to disprove them.

“Let’s take a look at his track record on jobs before Covid, as compared to the Biden-Harris administration. What do you know? Hardly the most successful ever,” the staffer said as a screen displayed average monthly job gains under Trump from January 2017 to February 2020 compared to average monthly gains during the entire Biden-Harris administration.

“And about his supposed manufacturing miracle, Trump talked a big game, but actually lost 178,000 manufacturing jobs. And just to be clear, it wasn’t just Covid here either. Manufacturing jobs were already on their way down before the pandemic.”

Facts First: The numbers the campaign staffer shared are correct, but they lack crucial context. It’s unfair to compare the average monthly job gains Trump achieved up until March 2020 to that of the Biden-Harris administration. That’s because the average monthly gains achieved under their administration were propped up by some of the gangbuster job reports that came just as the economy was recovering from the pandemic. For instance, in July 2021, 939,000 jobs were added in just one month.

And while it’s true 178,000 manufacturing jobs were lost when Trump was president, Covid-19 did in fact play a big role. In the immediate months before the pandemic, manufacturing jobs were declining very slightly. From November 2019 to February 2020, 36,000 manufacturing jobs were lost. That hardly compares to the roughly 1.4 million manufacturing jobs lost from February 2020 to April 2020. That so many of those job losses were able to be recouped by the time Trump left office is noteworthy.

From CNN’s Elisabeth Buchwald

Rodriguez’s claim on Trump wanting to terminate the Affordable Care Act

Wisconsin Lt. Gov. Sara Rodriguez on Monday accused Trump of still wanting to kill the Affordable Care Act.

“Now, Trump is promising to terminate the Affordable Care Act,” Rodriguez said at the DNC.

Facts First: Rodriguez’s claim does not reflect Trump’s recent comments on the Affordable Care Act. He did appear to express renewed support for terminating the law in one social media post late last year, but he has since said he wants to improve it, not terminate it.  Most recently, he has said he will keep the law unless he can come up with an unspecified “better” plan.

Repealing and replacing the Affordable Care Act was one of Trump’s top priorities in his 2016 presidential campaign and first term. However, even though Republicans controlled Congress and the White House the following year, they failed to unite behind a plan to do so, ending any serious attempts to completely overhaul the landmark health reform law, popularly known as Obamacare.

The former president revived the debate over the law’s fate in November 2023, when he wrote on his Truth Social platform that he’s “seriously looking at alternatives” and that the failure to terminate it “was a low point for the Republican Party, but we should never give up!”

Trump quickly walked back his comments, posting a few days later that he doesn’t “want to terminate Obamacare, I want to REPLACE IT with MUCH BETTER HEALTHCARE. Obamacare Sucks!!!”

In April, Trump said in a video posted to Truth Social: “I’m not running to terminate the ACA as crooked Joe Biden says all over the place. We’re going to make the ACA much better than it is right now and much less expensive for you.”

And at a North Carolina rally last week, he said: “(Vice President Kamala Harris) goes around saying, ‘Oh, he’s going to get rid of the health.’ No, no, I’m going to keep it unless we can come up with something that’s better for you and less expensive for you. Otherwise, we’re not doing it.”

However, Trump has yet to release a proposal on how he would make the Affordable Care Act better and less expensive.

From CNN’s Tami Luhby

Michigan state senator makes false claim about Trump immunity

During a speech at the DNC about Project 2025, McMorrow said that the conservative blueprint for a second Trump term aimed to greatly expand the power of the presidency “like no president has ever had or should ever have.”

The Democratic lawmaker went on to say that if anyone wondered if those potential new powers were legal, “Thanks to Donald Trump’s hand-picked Supreme Court, he’s now completely immune from prosecution – even if he breaks the law.”

Facts First: McMorrow’s comment about the case Trump v. US is false. In their decision last month in the historic case, the six conservative justices granted Trump some immunity from prosecution, but not blanket immunity, as the former president had sought. The court said Trump could not be criminally pursued over “official acts,” but that he could face prosecution over alleged criminal actions involving “unofficial acts” taken while in office. 

“The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law,” Chief Justice John Roberts wrote for the conservative majority.

And while Trump appointed three of the justices who helped make up the six-justice majority, the other three, including Roberts, were appointed by previous Republican presidents.

The federal judge in Washington, DC, overseeing special counsel Jack Smith’s election subversion case against Trump must now examine the allegations against the former president to determine which ones are covered by the newly granted immunity.

From CNN’s Devan Cole 

DNC video leaves out context about Trump abortion comment from 2016

A video about abortion rights that was played at the DNC on Monday featured a short clip of former Trump agreeing, in a television interview, that women who get abortions should be punished.

Facts First: The video left out some important context: Trump made this comment more than eight years ago and retracted it hours after he made it. In an interview in April 2024, Trump declined to express an opinion on the idea of a state deciding to punish women for getting an abortion after it is banned, returning to his campaign refrain that abortion policy is now a matter for each state to decide.

Trump made the comment featured in the DNC video at an MSNBC town hall during the Republican presidential primary in 2016. Trump said that “there has to be some form of punishment” for abortion. When host Chris Matthews asked, “For the woman?” Trump responded, “Yeah, there has to be some form.” When Matthews pressed further, Trump said he didn’t know what the punishment should be.

Hours later, after facing widespread criticism, Trump issued a statement in which he said women should not be punished for getting abortions.

“If Congress were to pass legislation making abortion illegal and the federal courts upheld this legislation, or any state were permitted to ban abortion under state and federal law, the doctor or any other person performing this illegal act upon a woman would be held legally responsible, not the woman,” Trump said in the statement. “The woman is a victim in this case as is the life in her womb. My position has not changed – like Ronald Reagan, I am pro-life with exceptions.”

The next day on Fox News, Trump said, “It could be that I misspoke” during an abortion discussion he claimed was “convoluted.” He said that “if, in fact, abortion was outlawed, the person performing the abortion, the doctor, or whoever it may be that’s really doing the act is responsible for the act, not the woman, is responsible.”

In an April 2024 interview, Time magazine asked Trump if he is “comfortable if states decide to punish women who access abortions after the procedure is banned,” such as after a 15-week cutoff date. Trump said, “Again, that’s going to be – I don’t have to be comfortable or uncomfortable. The states are going to make that decision. The states are going to have to be comfortable or uncomfortable, not me.”

From CNN’s Daniel Dale

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