FCC leader says agency is no longer independent as he’s grilled by Democrats over Kimmel controversy

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WASHINGTON (AP) — Democratic senators on Wednesday hammered the Federal Communications Commission’s leader for pressuring broadcasters to take ABC late-night host Jimmy Kimmel off the air, suggesting that Brendan Carr was politicizing an independent agency and trampling the First Amendment.

The FCC chairman refused to disown his comments about Kimmel and, when questioned by Democrats about an agency long considered autonomous, suggested it was not insulated from Trump’s pressure.

“The FCC is not an independent agency,” Carr said.

Carr later sidestepped questions about whether he considered the Republican president to be his boss and whether he had taken orders from Trump or his inner circle.

“President Trump has designated me as chairman of the FCC,” Carr added later. “I think it comes as no surprise that I’m aligned with President Trump on policy.”

Sen. Ben Ray Luján, D-N.M., noted that the FCC’s website described it as an “independent U.S. government agency overseen by Congress.”

Soon after, with the hearing still underway, the website changed, removing “independent” from a section describing its mission.

Trump has waged an aggressive campaign against the media in his second term, filing lawsuits against outlets whose coverage he dislikes and threatening to revoke TV broadcast licenses. On Wednesday, he criticized NBC for an interview with Democratic Sen. Raphael Warnock, saying the network “should be ashamed of themselves.”

“The Public airwaves, which these Networks are using at no charge, should not be allowed to get away with this any longer!” Trump wrote on Truth Social. “They should be properly licensed, and pay significant amounts of money for using this very valuable Public space.”

The 2 1/2-hour hearing before the Senate Commerce committee repeatedly circled back to Carr’s stance on Kimmel after the late-night host’s comments on slain conservative activist Charlie Kirk. At the time, Carr’s vocal criticism and veiled threats were equated with that of a mob boss.

Carr said he was simply enforcing laws holding networks to stricter scrutiny than cable and other forms of media and that “the FCC has walked away from enforcing the public interest standard.”

Democrats insisted he was warping the laws Carr invoked.

“You are weaponizing the public interest standard,” said Sen. Ed Markey, D-Mass., who told Carr that he should resign.

Republican senators referenced perceived First Amendment violations by the administration of former President Joe Biden, calling Democrats’ free speech arguments disingenuous. GOP members appeared intent on bringing up broadcast spectrum auctions, undersea cable infrastructure, algorithm-driven content, robocalls and just about anything other than Carr’s statements about Kimmel.

The committee chairman, Sen. Ted Cruz, had previously equated Carr’s comments to those of a mobster and called them “dangerous as hell.” But at the hearing, Cruz, R-Texas, took a far softer stance. He dismissed Kimmel as “tasteless” and “unfunny,” and shifted to criticizing Biden’s administration, a tack that Carr parroted throughout the hearing.

“Joe Biden is no longer president,” Sen. Amy Klobuchar, D-Minn., shot back at one point.

The hearing also included the two other commissioners, Olivia Trusty and Anna M. Gomez. Gomez, a Biden appointee, said that the FCC has “undermined its reputation as a stable, independent and expert-driven regulatory body.”

“Nowhere is that departure more concerning,” Gomez said, “than its actions to intimidate government critics, pressure media companies and challenge the boundaries of the First Amendment.”

Carr was nominated to the FCC by both Trump and Biden and unanimously confirmed by the Senate three times. But he has more recently shown more overtly right-wing views, writing a section on the FCC for “Project 2025,” the sweeping blueprint for gutting the federal workforce and dismantling agencies in Trump’s second term.

Since becoming chairman this year, Carr has launched separate investigations of all three major broadcast networks. After Kimmel’s comments on the September killing of Kirk, who was a Trump ally and leading voice of the right, Carr said: “We can do this the easy way or the hard way. These companies can find ways to take action on Kimmel or there is going to be additional work for the FCC ahead.”

Cruz was unflinchingly critical at the time, saying “I think it is unbelievably dangerous for government to put itself in the position of saying we’re going to decide what speech we like and what we don’t, and we’re going to threaten to take you off air if we don’t like what you’re saying.”

While Cruz did not repeat those words Wednesday, they were repeatedly invoked by Democrats. Carr did not directly respond to questions from reporters following the hearing about Cruz’s original comments.

“I think the hearing went really well,” Carr said in response.

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Sedensky reported from New York.