Senate Democrats Press FCC Nominee on Press Freedom Record

Danielle Thumann, the top legal advisor to Federal Communications Commission Chairman Brendan Carr, told Senate Democrats on Tuesday that she was not directly involved in the regulator’s recent actions affecting ABC and other broadcasters.

The hearing took place before the Commerce Committee, where Thumann faced a series of questions about the commission’s conduct under Carr’s leadership. Republicans hold majorities in both the Senate and the House, and Thumann is expected to secure her confirmation. However, Democratic senators signaled that the agency’s actions would remain a target for oversight once their party takes control of the chamber in January.

Senator Ben Ray Luján of New Mexico led the questioning, focusing on a late April order that required ABC to apply early for the renewal of its local station licenses. That order came shortly after President Donald Trump and First Lady Melania Trump publicly criticized ABC late-night host Jimmy Kimmel. Luján asked Thumann whether she supported what he called an illegal campaign to remove Kimmel from television. Thumann responded that she had not worked with the chairman on media-related issues and was not familiar with the specific details of the ABC investigation or the early license renewal process.

When pressed to name a specific issue where she had disagreed with Carr, Thumann declined to provide an example. Luján also questioned whether it was appropriate for the FCC to call up Disney’s broadcast license for early renewal, a move tied to the same network ownership as ABC.

Senator Ed Markey of Massachusetts joined the inquiry, referring to what he described as the chairman’s censorship agenda. He asked Thumann if the FCC has the constitutional authority to punish a broadcaster because the president disagrees with its news coverage. Markey argued that this is a straightforward constitutional limitation, noting that the agency cannot penalize a station simply because the president dislikes the coverage. He accused Thumann of evading his questions and stated that anyone seeking a seat on the commission must be willing to defend the First Amendment against such threats.

Senator Tammy Duckworth also asked Thumann about the potential for political pressure to influence licensing decisions. Thumann acknowledged that the commission must address complaints against the networks it regulates. She stated that editorial decision-making is protected by the First Amendment for broadcasters and added that she does not believe a decision regarding a station’s license should be based purely on someone’s discontent with the content being aired.

Several Democratic senators also raised procedural objections, calling it inappropriate for the Commerce Committee to hold the hearing. They argued that if Republicans nominate another member of their party to the commission, they should follow past precedent and nominate a Democrat as well. The FCC currently includes Anna M Gomez, who was nominated by a Democratic president, though her term has technically expired.

As the hearing concluded, Luján issued a direct warning to Carr. He told the chairman that he would be required to answer questions before the committee and the House of Representatives, stating that Carr no longer has the protection of the gavel. Luján said the committee would use its subpoena authority to get to the bottom of what he described as nonsense and cover-ups.