Newsmax Legal Analysts Push Back on Trump DOJ’s Antitrust Probe of TV Networks

Two legal analysts appearing on the conservative television network Newsmax cast doubt on the Trump administration’s antitrust investigation into five major television networks, arguing that the broadcasters’ coordinated response to White House press restrictions may be protected by the First Amendment.

Former judge Andrew Napolitano and attorney Wendy Patrick questioned the legal basis for the Justice Department’s investigation during an appearance on Newsmax’s Bianca Across the Nation, according to reporting by Mediaite republished by AOL.

The investigation involves ABC, CBS, CNN, Fox News and NBC, which jointly suspended participation in White House press pool coverage after President Donald Trump excluded CNN, MS NOW and Politico from certain reporting access, according to the report.

The criticism was notable because it came during a discussion on Newsmax, a conservative broadcaster generally associated with pro-Trump political commentary.

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Read more: Fox Accuses Newsmax of Litigation Tactics in Ongoing Antitrust Dispute

Patrick told host Bianca de la Garza that the circumstances presented an unusual application of federal antitrust law. When asked whether the broadcasters’ conduct amounted to an antitrust violation, she answered, “Probably not,” according to Mediaite.

Napolitano went further, arguing that the networks’ actions were political rather than commercial and that constitutional protections for freedom of expression could limit the Justice Department’s ability to pursue the case.

He also supported criticism from the Reporters Committee for Freedom of the Press, which characterized the investigation as an attempt to intimidate journalists, according to the report.

The Sherman Antitrust Act prohibits certain agreements that restrict competition. But the Newsmax commentators questioned whether a collective decision by news organizations to protest government restrictions could reasonably be treated as unlawful coordination among competitors.

Their assessments underscore the legal uncertainty surrounding the administration’s effort to use antitrust enforcement in a dispute over press access.

The analysts’ comments do not amount to a court ruling, and their objections do not establish whether the Justice Department could ultimately pursue a successful case.

Source: AOL