Dems Use Thumann Nomination Hearing To Attack FCC Actions

Senate Democrats on Tuesday pressed Danielle Thumann, President Donald Trump’s nominee to join the Federal Communications Commission, about actions by the agency under Chairman Brendan Carr that critics say threaten press freedom.

Thumann, a senior counsel to Carr, is expected to win confirmation, with Republicans controlling the Senate and House. But Sen. Ben Ray Luján, D-N.M., said Democrats would closely scrutinize the agency when they take control of the Senate in January.

Luján repeatedly asked whether Thumann supported Carr’s actions, including an order in late April requiring ABC to apply early to renew licenses for its local stations. The order followed criticism of late-night host Jimmy Kimmel by Trump and first lady Melania Trump. Carr was also accused last fall of pressuring ABC affiliates to drop Kimmel’s show.

“Do you support Chairman Carr’s illegal campaign to remove Jimmy Kimmel from the nation’s airways?” Luján asked.

“I have not worked with the chairman on any media-related issues, and I’m not familiar with all of the details regarding the investigation of ABC or the early license renewal of their licenses,” Thumann said. She added that she had not been involved in discussions about ABC’s practices or Kimmel.

Luján asked Thumann to identify an issue on which she disagreed with Carr. She did not name one. He also asked whether it was appropriate for the FCC to call Disney’s broadcast licenses up for early renewal.

Other Democrats questioned Thumann about the agency’s treatment of broadcasters. Sen. Ed Markey, D-Mass., asked whether the FCC could punish a broadcaster because the president disagreed with its news coverage.

Markey said the agency could not punish a broadcaster simply because the president disliked its coverage, and accused Carr of threatening to do so. He said Thumann was evading his questions and argued that FCC nominees should be willing to defend the First Amendment.

Sen. Tammy Duckworth, D-Ill., asked whether Thumann would give in to political pressure to punish networks. Thumann said the commission must address complaints about broadcasters it regulates, but said broadcasters’ editorial decisions are protected by the First Amendment. A station’s license decision, she added, should not be based solely on someone’s displeasure with its content.

Several Democrats also questioned whether the Senate Commerce Committee should hold the hearing. They said that if Republicans nominated another Republican to the commission, they should follow past precedent and nominate a Democrat as well. The FCC has one commissioner nominated by a Democratic president, Anna M. Gomez, whose term has technically expired.

At the end of the hearing, Luján warned Carr that he would face congressional scrutiny if Democrats took control of the Senate.

“Mr. Carr, if you’re listening now, know you’re going to be in this body once a month, if not more, and in the House of Representatives as well, answering questions, and you don’t have the protection of the gavel any longer,” Luján said. He cited subpoena authority and said lawmakers would seek answers about what he called “the nonsense and the cover-ups that have been taking place.”