FCC Chairman Ajit Pai didn’t drop the mic on President Trump so much as he stated agency policy and, in a low key manner, quoted the U.S. Constitution. Asked about Trump’s threat to pull the licenses of television networks based on their reporting, Pai responded: “I believe in the First Amendment.”
He didn’t rant. He didn’t grandstand to win points. He didn’t even mention Trump by name. That was a good move. Needlessly antagonizing the president further would’ve jeopardized his job.
Appointed by the president and confirmed for a five-year term by the Senate, Pai can’t be fired. He can be demoted, though. It’s completely possible and plausible for Trump to strip him of the chairmanship and appoint a replacement. If that happens, assuming the nominee would make it through the Senate, the FCC could become a small nightmare for news networks.
Maybe that’s why Pai didn’t come out blazing at a telecom event Tuesday, staying as close to precedent and the law while staying away from sharing his own opinion.
“The FCC under my leadership will stand for the First Amendment,” Pai responded to a question, skipping an opportunity to slam Trump. “And under the law,” he continued, “the FCC does not have the authority to revoke a license of a broadcast station based on content of a particular newscast.”
Following up on his answer when asked if it was the FCC’s job to regulate fake news, Pai again leaned on precedent.
“Traditionally that has not been within the FCC’s jurisdiction,” the chairman continued. “I’m a lawyer by training, of course. I tend to hew as closely as I can to the terms of the Communications Act and of course to other applicable legal principles, and so that’s the standard that we adopt, at least, going forward.”
That was prudent. While a full-throated, no-holds-barred body-slam of Trump might have been gratifying, it wouldn’t have been sensible. By pointing back to the law, rather than going full #resistance, Pai sidestepped unnecessary controversy, keeping his powder dry for the next time he might actually have to check the administration.
Philip Wegmann is a commentary writer for the Washington Examiner.
