Ben Ray Lujan To FCC Nom: Was It 'Appropriate' For Trump To Demand ABC Lose Their License After Debate?

4/10/2025

During a Senate Commerce Committee hearing on Wednesday, Sen. Ben Ray Lujan (D-NM) spoke about President Trump calling for ABC's broadcast license to be revoked after saying, without evidence, that the debate against Vice President Harris last year was 'rigged'.

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Transcript

00:00I would ask Senator Blackburn, is the ice cream limited to the children?

00:04Senator Cruz, you showed up on time today, so you too deserve ice cream.

00:12I will be certain that at lunch I serve you ice cream.

00:16I will take it. Senator Lujan.

00:18It looks like I'm joining you for lunch, Mr. Chairman.

00:21Mr. Chairman, thank you for this hearing today.

00:25It's good to see you both here and with family support. That means something.

00:30Mr. Trustee, in last month's Supreme Court oral arguments in the USF case,

00:36the Solicitor General noted that the FCC commissioners do not have statutory for-cause removal protections.

00:44In our meeting yesterday, you stated that the issue of for-cause removal was subject to pending litigation and that you would not weigh in.

00:53Regardless, it appears that President Trump believes he can fire you at will when confirmed.

01:00How will you maintain your independence if the President can fire you simply because he may not like a position you take?

01:08Thank you, Senator. I appreciate the question and I understand the importance of the issue.

01:13My job, if confirmed, is to focus on upholding and enforcing the law.

01:19Whatever happens with subject to pending litigation, my first obligation is to fax the law with respect to the proceeding that comes before the commission.

01:31I think the FCC has a very transparent and open process.

01:35And my commitment would be to making sure that I have, what I would commit to, I have no fear.

01:45Without fear or favor, I would make a decision with respect to any individual or entity that comes before the commission.

01:54I appreciate that. Yesterday when we spoke, I shared with you, I was a former utility commissioner, and the importance of the training I received as an administrative law judge.

02:03And while we may be able to gather information elsewhere, it's the importance of the record.

02:10The decisions that will be made that are in front of you will be based on the record that is established.

02:15Is that something you agree with?

02:16Yes, Senator.

02:17I appreciate that.

02:18Ms. Trustee, as I shared with you yesterday, I've also been very disturbed by the actions taken by Chair Carr to investigate broadcast companies for their editorial decision making.

02:29In January, Chair Carr reinstated complaints against ABC regarding its moderation of the debate between Trump and Harris.

02:37Trump complained that the debate was, quote, rigged, and stated, quote, they ought to take away their license for the way they did that.

02:45Do you think it's appropriate for the president to call for the revocation of broadcast licenses?

02:50So, Senator, I think President Trump has First Amendment rights to express his views.

02:56My responsibility, if confirmed, is to focus on the facts, FCC precedent, and the law in carrying out whatever the decision making process is for proceeding before the commission.

03:06As part of that, in March of 2025, Chair Carr gave an interview to Bloomberg News in which he said,

03:12any business that are looking for FCC approval, I would encourage them to get busy ending any sort of their invidious forms of DEI discrimination.

03:22In addition, Chair Carr said that CBS's editorial decision regarding an interview with Vice President Harris would factor into the review.

03:30My question to you is, do you think it's appropriate to consider a broadcaster's editorial decisions when reviewing a merger?

03:37So, Senator, with respect to mergers or transactions, I would look at them through the lens of what advances the public interest.

03:44As you know, these are very fact-specific cases that require a thoughtful and thorough review of information in the record, and I would be guided by the statute.