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federal communications commission
Alito and Thomas Urged to Recuse From Key Case Over 'Cozy Ties' to Right-Wing Kingpin
"Americans deserve a legal system that isn't influenced by billionaires and special interest backers pushing an agenda at the expense of working families," said a watchdog group leader.
Mar 19, 2025
Ahead of U.S. Supreme Court arguments next week, a watchdog group asserted Wednesday that right-wing Justices Samuel Alito and Clarence Thomas must recuse themselves from a case "whose outcome could have sweeping consequences," citing "significant conflicts of interest" due to their relationships with "conservative kingpin Leonard Leo."
In Federal Communications Commissionv. Consumers' Research, a right-wing group is challenging the constitutionality of the FCC's Universal Service Fund program.
Vox's Ian Millhiser reported Wednesday that "if the Supreme Court accepts an argument raised by a federal appeals court, which struck down the federal program, it would bring about one of the biggest judicial power grabs in American history, and hobble the government's ability to do, well, pretty much anything."
In the new report about Alito and Thomas, the watchdog Accountable.US issued a similar warning about the case's potential impacts: "Effectively defunct for almost a century, the nondelegation doctrine prohibits Congress from passing off its legislative power to federal agencies... Reviving the doctrine would cripple agencies' ability to govern consumer safeguards, social security, Medicare, and more during a time when the Trump administration has begun to slash federal agencies."
"Now before the high court, the case presents an obvious conflict of interest for many of the justices who are personally tied to (and in some cases, friends of) the conservative activist Leonard Leo, who is closely connected to Consumers' Research," the analysis explains, pointing to reporting that Leo is the group's "main backer."
While "all six conservatives now sitting on the Supreme Court can credit Leo with helping to shepherd their confirmations," the watchdog's report states, the right-wing legal activist is "close personal friends" with Alito and Thomas.
According to the report:
- Leo has known Justice Thomas since the early 1990s when Leo was clerking in D.C. Since then, Leo has traveled with Thomas and invited him to his personal residence in Maine. The justice is also the godfather to one of Leo's daughters. Justice Thomas' wife, Ginni, has previously called Leo her "hero" and "mentor." Over the past 15 years, Leo and Ginni have worked together on several projects, operationalizing the outside game of conservative dark money and politics.
- Leo has also traveled with Justice Alito, most notably to Alaska on a private fishing trip (which Justice Alito did not disclose at the time). Leo's Federalist Society has also sponsored numerous trips overseas for Alito, some of them attended by Leo himself.
"Americans deserve a legal system that isn't influenced by billionaires and special interest backers pushing an agenda at the expense of working families. Justices Thomas and Alito's cozy ties to Leonard Leo and thereby Consumers' Research fly straight in the face of that, and present a clear conflict of interest impeding their ability to rule impartially on the case," said Accountable.US president Caroline Ciccone in a statement.
"Public trust in the Supreme Court is already at an all-time low because of misguided conduct by justices–this case threatens to degrade it further," Ciccone continued. "The Supreme Court simply cannot be trusted to defend the Constitution if it doesn't adopt an obligatory, enforceable code of conduct that cleans up the impropriety that's existed on the court for years. Thomas and Alito must recuse themselves and restore a semblance of integrity to the highest court."
In addition to releasing the report, Accountable.US and two other groups, Take Back the Court and United for Democracy, argued for Alito and Thomas' recusal in a letter to Chief Justice John Roberts—who on Tuesday publicly condemned right-wing attacks on the federal judiciary.
"The Supreme Court has been engulfed by corruption scandals, many of which centering around the right-wing justices' overly friendly relationships with powerful billionaires and special interests," United for Democracy senior adviser Meagan Hatcher-Mays said Wednesday. "At the same time that Justices Thomas and Alito were accepting lavish gifts and trips from billionaires, they were hearing cases with those same billionaires' legal interests at stake."
"It's impossible for the American public to trust in Supreme Court rulings when this kind of glad-handing is taking place," she added. "The appearance of impropriety is clear in FCC v. Consumers' Research given Leonard Leo's long-time friendship with Justices Thomas and Alito and his financial entanglements with Consumers’ Research. Justices Thomas and Alito must recuse themselves immediately."
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'Profoundly Dangerous': Trump Moves to Seize Control of Independent Agencies
"Americans should understand exactly what this is: A giant gift to the corporate class and a Trumpian power grab."
Feb 19, 2025
U.S. President Donald Trump on Tuesday signed an executive order aimed at bringing the nation's independent agencies—including the Federal Trade Commission and Securities and Exchange Commission—under his control, a sweeping power grab that's expected to spark a legal fight with enormous stakes for the country.
The new executive order, titled "Ensuring Accountability for All Agencies," laments that previous administrations "have allowed so-called 'independent regulatory agencies' to operate with minimal presidential supervision" and states that, going forward, "the president and the attorney general, subject to the president's supervision and control, shall provide authoritative interpretations of law for the executive branch."
The order goes on to require that "all executive departments and agencies"—including those granted some independence from the presidency by Congress—"shall submit for review all proposed and final significant regulatory actions to the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President before publication in the Federal Register."
OIRA is part of the Office of Management and Budget, which is run by Project 2025 architect and far-right extremist Russell Vought.
In a fact sheet released alongside the order, the White House specifically names the FTC, the SEC, and the Federal Communications Commission (FCC) as agencies it claims have "exercised enormous power over the American people without presidential oversight."
The new order exempts from its far-reaching mandates the "monetary policy functions of the Federal Reserve."
"Not incidentally, both the FTC and SEC have ongoing investigations or enforcement actions against companies owned by Elon Musk."
Robert Weissman, co-president of Public Citizen, said in a statement that the executive order marks an "illegal" attempt to "shield corporations from accountability and centralize more power with Trump and his minions."
"This is a profoundly dangerous idea for the nation's health, safety, environment, and economy—and for our democracy," he added. "Congress made independent agencies independent of the White House for good reason."
Weissman noted that the independence of agencies such as the FTC and SEC is "designed to enable them to perform these duties without undue political pressure from giant corporations, the super-rich and the super-connected."
"Trump's EO would dissolve that independence and put the agencies under Trump's thumb, ensuring they turn a blind eye to wrongdoing by favored corporations and leave consumers and investors out to dry," Weissman continued. "Not incidentally, both the FTC and SEC have ongoing investigations or enforcement actions against companies owned by Elon Musk. Americans should understand exactly what this is: A giant gift to the corporate class and a Trumpian power grab."
The Washington Postreported that Trump's order sets the stage for "a potential Supreme Court fight that could give him significantly more power over those agencies' decisions, budgets, and leadership." Trump has already trampled decades of legal precedent by firing protected officials without cause, including the former chair of the National Labor Relations Board (NLRB).
"Courts have blocked or limited the reach of some of Trump's executive actions, but legal observers expect that the conservative-dominated Supreme Court may be open to broadening presidential power in at least some of the cases," the Post observed. "The justices are already considering a case regarding the scope of Trump's power over independent agencies, and Tuesday's executive order seems sure to prompt additional legal challenges."
Deborah Pearlstein, a constitutional scholar at Princeton University, told the newspaper that the White House is "deliberately teeing up a major question of constitutional law that will go to the Supreme Court for review."
The Supreme Court is currently controlled by a right-wing supermajority that includes three Trump-appointed justices.
Prior to Trump's order, the U.S. Justice Department—headed by Attorney General Pam Bondi—indicated that it would no longer defend the independence of the NLRB, FTC, and other agencies and would ask the Supreme Court to reverse precedent that has shielded independent agency leaders from termination without cause.
Reutersreported that "about two dozen companies, including Amazon and Elon Musk's SpaceX, have filed lawsuits since last year claiming the president should have the power to fire NLRB members at will."
"Several companies sued by the FTC have filed similar challenges against that agency," the outlet added. "They include Meta Platforms, Walmart, and Cigna's Express Scripts."
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FCC Probe Into NPR, PBS Denounced as 'Attack on the Freedom of the Press'
"The FCC chair is clearly undertaking an effort to bully and intimidate independent journalism, which is a hallmark of authoritarian regimes where democracy is under siege," said one critic.
Jan 31, 2025
U.S. press freedom advocates this week forcefully condemned Republican Federal Communications Commission Chair Brendan Carr's investigation into National Public Radio and Public Broadcasting Service that could lead to stripping them of government funding.
"If they weren't ringing already, alarm bells should be going off loudly," said Tim Richardson, program director for journalism and disinformation at PEN America, in a Thursday statement. "By using its investigatory powers, the FCC chair is clearly undertaking an effort to bully and intimidate independent journalism, which is a hallmark of authoritarian regimes where democracy is under siege."
"The Trump administration is clearly embracing such tactics and putting independent media at risk by undermining accountability of elected leaders and risking a less informed public," Richardson added. "We call on the FCC to dispense with such politically motivated investigations."
Jenna Leventoff, senior policy counsel at the ACLU, was similarly critical, saying that "the commission should not bring frivolous investigations into media outlets simply because they do not like their coverage. Investigations like this can chill coverage and threaten the independence of the press, making it harder to hold the government accountable and keep us all informed."
I told @nytimes.com that Carr's claim that NPR and PBS broke sponsorship disclosure rules is an obvious pretext to attack their funding and independence. Carr was appointed to do Trump's censorial bidding. All his moves should be viewed through that lens.This “investigation” is a sham and meant to terrorize NPR and PBS. They have *rigorous* oversight on vetting the “this program brought to you by” statements and literally pages of documentation about it that they give to filmmakers like me. Support your local stations, they’re going to need it.
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— Ariel Waldman (@arielwaldman.com) January 30, 2025 at 2:39 PM
Free Press co-CEO Craig Aaron declared that "his seat as FCC chairman is barely warm, but Brendan Carr is already abusing his power and harassing public broadcasters with a sham investigation designed to scare journalists into silence. This is all part of Carr's far-right, Project 2025-inspired agenda."
"This bogus investigation is an attack on the freedom of the press and a bungling attempt to bash public broadcasters and further weaken their resolve to question the extremism, corruption, and cruelty of the Trump administration," Aaron warned. "This unjustified investigation isn't based on any genuine concern about whether there's too much advertising on public media. It's a blatant attempt to undermine independent, rigorous reporting on the Trump administration."
"Carr may not like public media—and that's no surprise given that he isn't a fan of journalism that holds public officials and billionaires accountable. In this, as in so many other areas under his purview, Chairman Carr is far out of step with the American public and their needs," he continued. "Communities all across the country rely on their local public radio and TV stations to provide trustworthy news reporting and a diversity of opinions. In every survey, the American public indicates it wants more support for public and community media, not less."
Aaron added that "in a healthy democracy, we would be investing enough in our public-media system that it wouldn't need to seek any corporate underwriting. Unfortunately, Carr's cronies in Congress and the Big Media barons they serve have instead for decades tried to zero out funding for public media. They have repeatedly failed because millions of viewers and listeners opposed them."
Carr—whom President Donald Trump first appointed to the FCC in 2017 and recently elevated to chair after he contributed to the Heritage Foundation-led Project 2025—announced the probe in a Wednesday letter to NPR president and CEO Katherine Maher and PBS president and CEO Paula Kerger.
"I am concerned that NPR and PBS broadcasts could be violating federal law by airing commercials," Carr wrote. "I have asked the FCC's Enforcement Bureau, with assistance from the FCC's Media Bureau, to initiate an investigation into the underwriting announcements and related policies of NPR, PBS, and their broadcast member stations."
The chair added:
I will be providing a copy of this letter to relevant members of Congress because I believe this FCC investigation may prove relevant to an ongoing legislative debate. In particular, Congress is actively considering whether to stop requiring taxpayers to subsidize NPR and PBS programming. For my own part, I do not see a reason why Congress should continue sending taxpayer dollars to NPR and PBS given the changes in the media marketplace since the passage of the Public Broadcasting Act of 1967.
To the extent that these taxpayer dollars are being used to support a for-profit endeavor or an entity that is airing commercial advertisements, then that would further undermine any case for continuing to fund NPR and PBS with taxpayer dollars.
Some federal lawmakers have already responded on social media. Sen. Ed Markey (D-Mass.) said that "the letter from Chairman Carr announcing a new FCC investigation into NPR and PBS member stations is baseless. He cites no evidence at all. Instead, this investigation is a dangerous attack on public media and local journalism."
Rep. Doris Matsui (D-Calif.) said that "public television and radio are essential for their local communities. The FCC must not be weaponized to intimidate and silence broadcast media. We should be supporting, not undermining, their contributions to journalism and the marketplace of ideas."
I told @nytimes.com that Carr's claim that NPR and PBS broke sponsorship disclosure rules is an obvious pretext to attack their funding and independence. Carr was appointed to do Trump's censorial bidding. All his moves should be viewed through that lens. www.nytimes.com/2025/01/30/b...
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— Seth Stern (@seth-stern.bsky.social) January 30, 2025 at 5:27 PM
The two Democratic members of the FCC have also responded critically to Carr's move. Commissioner Anna Gomez said that "this appears to be yet another administration effort to weaponize the power of the FCC. The FCC has no business intimidating and silencing broadcast media."
Commissioner Geoffrey Starks said that "public television and radio stations play a significant role in our media ecosystem.
Any attempt to intimidate these local media outlets is a threat to the free flow of information and the marketplace of ideas. The announcement of this investigation gives me serious concern."
Maher said in statement that "NPR programming and underwriting messaging complies with federal regulations, including the FCC guidelines on underwriting messages for noncommercial educational broadcasters, and member stations are expected to be in compliance as well."
"We are confident any review of our programming and underwriting practices will confirm NPR's adherence to these rules," she added. "We have worked for decades with the FCC in support of noncommercial educational broadcasters who provide essential information, educational programming, and emergency alerts to local communities across the United States."
In a statement to NPR media correspondent David Folkenflik, who reported on the probe, Kerger said that "PBS is proud of the noncommercial educational programming we provide to all Americans through our member stations... We work diligently to comply with the FCC's underwriting regulations and welcome the opportunity to demonstrate that to the commission."
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