The miserable Donald Trump and his lapdog, go sic ‘em “Department of Injustice” are at it yet again, led by Todd Blanche, who has exchanged power for his principles and his subservience to the dark master Donald Trump.
Blanche will have a very special place when the history of this administration is written.
The Department of Justice (DOJ) has launched an “antitrust” investigation into the actions of five major networks because they boycotted coverage of Trump after he ejected CNN, MSNOW, and Politico from the White House, in violation of their First Amendment rights.
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And, incidentally, the Trump appointed federal judge, Timothy Kelly, (appointed in 2017) did his job and extended the TRO he issued requiring that the three networks be returned to the White House. Now, he’s considering making it a preliminary injunction that will stay in place until trial, if ever there will be a trial.
The DOJ issued a statement that a group boycott of coverage among “commercial competitors’’ can violate anti-trust laws. Can, yes, but not here amigo.
The networks, like the print media, have always divided their business sides from their editorial sides.
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It’s quite likely the court will recognize that division and that these actions were taken against the editorial side, exercising their First Amendment rights even if the underlying boycott is not an antitrust violation, regardless of which side did it.
All this is retaliation and intended to control the media’s coverage of Trump to send a message to other members of the media. It’s something a despot and his agencies do.
This should be the subject of blaring editorials in every media carrying the news in this country.
Liberal and conservative media is included in the investigation, even Fox News. Talk about shooting off your own big toe, but this is not a bright Administration.
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Generally, for an antitrust violation under the Sherman Act to occur among competitors who control the market it must be for commercial reasons. The purpose of this boycott was to promote the First Amendment and to show solidarity.
It did not have a commercial purpose, and the DOJ is well aware. It does not care.
There was never an obligation to cover Trump, and there is no business issue to be found in the boycott.
Experts are calling the investigation baseless and assert it was only done over animus of the media‘s coverage.
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You might say that the DOJ’s antitrust division does not know what it’s doing, but I’d say they know enough about basic text book antitrust law to say that this is done out of pure spite, and in an effort on the part Administration to threaten and chill the media and deny its First Amendment rights.
Perhaps, it’s even a warning to those who heavily advertise on these media that they, too, can become subject to government attack for no reason at all other than their media buys. Scary stuff.
This threatened action is also being done to require networks to provide documents to the DOJ, an invasive maneuver into their inner workings by the government.
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Best guess is that as soon as subpoenas are served to the media by the DOJ, the media will move to quash them in court and to shut down this false investigation, particularly on First Amendment grounds.
Talk about stepping all over constitutional rights by a president that has taken a solemn oath to enforce the Constitution. But he lies about everything else so why not take a false oath.
Jim Astrachan is lawyer who represents clients in intellectual property law and litigation, mediation, and business, regulatory, and transactional matters. He’s a Life Fellow of the Baltimore City Bar Foundation, the Maryland Bar Foundation, and the American Bar Foundation.