Thune, Other GOP Senators Push Trump to Again Nominate O'Rielly

“I wish [the White House] would” undo the withdrawal “and I’ve expressed that to them,” Senate Majority Whip John Thune, R-S.D., said in an interview. Thune, who chairs the Senate Communications Subcommittee, told us he has “conveyed to them my concerns about being able to get a replacement in there in the near time frame. I think we’ve got some challenges that we face with that. And besides that, I think O’Rielly has done a very commendable job.” The White House didn’t comment Thursday.

“A large number” of other Republican lawmakers besides Thune are also “urging [the White House] to reverse this decision,” said a senior Senate official. “There’s some encouragement” it "might possibly” be having some effect in swaying Trump, but “it would be unusual for them" to reverse a decision of that magnitude. Those Republicans include McConnell and most Senate Commerce Committee members, the official said. McConnell's office didn't comment. An early O’Rielly departure before the current Congress ends or other actions have the potential to endanger Chairman Ajit Pai’s ability to accomplish any further policy items without Democratic support (see 2008050059).

A White House reversal on O’Rielly would require Trump to renominate the commissioner, but the Senate may be able to speed up other parts of the confirmation process. Senate Commerce might need to hold another confirmation hearing and would likely need to hold another committee vote to advance him back to the floor, the Senate official said.

Former Senate Majority Whip John Cornyn, R-Texas, emphasized “it’s the president’s decision” to name nominees and retract them as he sees fit. O’Rielly “serves at [Trump’s] pleasure, so” Monday's reversal is “something that we have to live with,” Cornyn said. He praised O’Rielly as “a great guy” who “served with distinction." O’Rielly worked for Cornyn when he was majority whip, among other GOP lawmakers (see 1303210038).

Democrats' Concerns

Senate Democrats noted misgivings about implications for FCC independence.

Some suggested the issue would become a bigger factor in future FCC nominations and oversight hearings. Trump's Section 230 EO came up during Senate Commerce's June FCC oversight panel (see 2006240069). The FCC is seeking comment on an NTIA petition on the matter (see 2008030025).

“It is the president’s appointment” to make, but “you want the FCC commissioners to be able to speak freely and have discussion about their policies and what they believe in,” said Senate Commerce ranking member Maria Cantwell of Washington. “You don’t want it to be based on” whether it will cause the president to exact retribution. “I’m going to definitely look at any nominee’s viewpoints on the challenges that we face, because there’s a lot at stake as we move forward” on issues like net neutrality and broadband, she said: “We’re in an information age, so it’s going to get more complex from here. I want people who are going to be thoughtful about policy.”

“I’m concerned about [Trump’s] repeated attempts to exercise political influence over the FCC and other agencies that are supposed to be independent,” said Sen. Richard Blumenthal, D-Conn. O’Rielly’s removal “is only the latest example.” It’s something that “might” be on many lawmakers’ minds if Trump names a nominee to replace O’Rielly, Blumenthal said.

FCC Meeting

None of the FCC commissioners addressed Trump’s about-face during the short, at times somber, monthly meeting Thursday.

O’Rielly was quiet. He voted for the three items presented but didn't read any statements. He had a written one on final rules for the C-band auction (see 2008060069). Neither Chairman Ajit Pai nor O’Rielly did a news media call, as they had been routinely doing. The agency's Democratic members haven't been doing them during COVID-19.

O’Rielly posted his first tweet Wednesday evening since word of the White House reversal. He tweeted to wish NAB President Gordon Smith a speedy recovery from a stroke (see personals section).

Commissioner Brendan Carr told reporters he learned of the withdrawal when it was reported. “I’ve got, needless to say, just a tremendous amount of respect for the work that Mike has been doing here, that’s what he has always been doing through his career,” he said: “I don’t want to get out ahead of him, or the White House, in terms of addressing it.” Carr said he played no role in the White House decision.

“We welcome views across the spectrum,” Carr said of CDA Section 230. “If you think we have the authority and should do it, let us know. … We will take a look at the record that is developed from there.” Carr doesn’t want to “prejudge” a decision but “we should move forward expeditiously,” he said: “I do see a path forward. At this point, I have not been persuaded that the FCC lacks the authority to adopt rules. … I’m open to hearing contrary views.” His views on “internet speech have been pretty consistent,” he said. “We should have more speech, more ideas, a diversity of opinions,” he said.

Carr said he doesn’t expect any delays at the FCC due to the withdrawal of the nomination (see 2008050059). “We’re full steam ahead,” he said. “We’re going to continue to be pretty busy here for the foreseeable future.”