Media and legal experts believe President Donald Trump's recent calling on the Federal Communications Commission to punish "Meet the Press" host Kristen Welker regarding her coverage of his campaign endorsements ahead of the crucial midterm elections would be inconsistent with the law.
Trump wrote in a Truth Social post on Aug. 30 that the NBC anchor "Kristen Welker, the Unpopular 'Hostess' of the once great Meet the Press, now considered Meet the Fake Press, just stated that Donald Trump has 'mixed results' on his Endorsements of Candidates, when the recent WINS of Darline Graham and Mike Mazzei, stand at 100% for the U.S. Senate, and 98% for the U.S. House.
"Because of this purposeful inaccuracy, she will be reported to the FCC for rebuke or punishment.
Unfortunately, she is not the only one," the president added.
Trump endorsees have a 95.7% Republican primary win rate when his endorsements in state and local races such as governor are included, according a USA TODAY review of data collected by Ballotpedia, an elections "encyclopedia."
Trump endorsements powered winners such as Wisconsin GOP gubernatorial nominee Rep. Tom Tiffany and Michigan Republican candidate for governor John James, but he also backed losing gubernatorial candidates such as Georgia Lt. Gov. Burt Jones, South Carolina Lt. Gov. Pamela Evette and MyPillow founder Mike Lindell in Minnesota.
Johanna Dunaway, a political science professor at Syracuse University, told USA TODAY on Aug. 31 that Trump's chances for reprimanding Welker to the FCC are unlikely.
"I just don’t see how they can, at least in good faith. Several other outlets made similar statements about his endorsements and recent upsets in primaries," said Dunaway, also a research director for the Institute for Democracy, Journalism & Citizenship in Washington D.C. "President Trump’s post references 'purposeful inaccuracy' in an apparent attempt to suggest her comment meets the standard for libel, but characterizing his record on recent endorsements as 'mixed' is neither inaccurate nor malicious."
The FCC did not immediately return USA TODAY's request for comment.
In an Aug. 30 statement to USA TODAY, NBC News said that "Kristen is one of the best in the business and we stand by her."
Trump's stated intent to report Welker to the FCC comes afterDisney and ABC sued the agency on Aug. 18. The network argued that the Trump administration is attempting to censor journalists by urging the agency to conduct an early review of the news outlet’s broadcasting licenses.
This isn't the first time Trump has been angry at Welker. The presidentabruptly walked away from a recorded interview with Welker in Wisconsin in June and called her either "crooked or stupid" after she challenged his comments about California election security.
Did Kristen Welker and NBC intentionally slant the news? No, expert says
The FCC, which is described as a "U.S. government agency overseen by Congress," licenses individual broadcast stations, not national networks such as ABC and NBC. The FCC's website cites both the First Amendment and the Communications Act of 1934, which prohibits the agency from censoring broadcast content and states that its "role in overseeing program content is very limited."
Challenging what Welker said, who is protected under the First Amendment for freedom of speech, would be a hard argument for the FCC to sell in court, said Conor Gaffney, an attorney at Protect Democracy, a nonpartisan civil rights organization.
"The First Amendment protects the press and protects speech," Gaffney said. "It's pretty clear that what Welker said wasn't false. The Supreme Court has set an extremely high bar for when the government can take adverse action because of speech about a public official or matters of public concern."
FCC Commissioner Anna Gomez, appointed by former President Joe Biden, said in an Aug. 30 post on X that the agency doesn't have those types of rights.
"The FCC has no authority to punish journalists this administration doesn’t like," Gomez said. "These threats to press freedom are dangerous. They undermine the foundation of our democracy, and they have no place in it."
Despite Trump indicating a possible FCC probe about Welker's comments, it will very likely not proceed legally, said Brandon Shaw, a partner at Seven Letter, a strategic communications firm.
"Do I think the president has a legitimate argument to stand on? Absolutely not. Do I think that Kristen Welker and NBC actually distorted the news to intentionally slant coverage? No. We’re a very long way from that when Welker says 'mixed results,'" said Shaw, a former vice president for communications at the Walt Disney Company. "So for the president to hold her accountable for distorted news in this case, we are very far from that precedent and threshold."
Shaw said while he doesn't believe the FCC will take any legal action against Welker and NBC, he thinks that FCC Chairman Brendan Carr will say something on behalf of the Trump adminstration, similar to his actions with ABC.
In April, Carr ordered an early review of broadcast license renewals for eight Disney-owned local ABC stations, years ahead of their scheduled expiration. The move came a day after Trump called for ABC late night host Jimmy Kimmel to be fired for saying first lady Melania Trump had a "glow like an expectant widow" ahead of the White House Correspondents' Dinner shooting.
In May, Carr announced the commission had taken action against ABC in line with equal time rules after state Rep. James Talarico, D-Texas, appeared on "The View" while running in the state’s Democratic U.S. Senate primary.
Carr described the matter as a procedural issue during the FCC’s open meeting in March. Disney-owned ABC, he said, had not submitted the proper filing declaring an appearance by a political candidate that would then open the window for an opposing candidate to request "comparable time and placement."
The feud lingered, and ABC subsequently filed a lawsuit accusing the agency of an unconstitutional "retaliatory campaign."
Under Carr's helm, the FCC has opened investigations into whether National Public Radio (NPR) and Public Television Stations (PBS) violated federal laws against airing commercial advertisements during underwriting announcements.
Both outlets maintained they follow all FCC regulations and say they are confident they can prove it. Shortly after Trump was elected to a second presidential term, he appointed Carr as FCC chairman in November 2024. Carr has worked at the agency for more than a dozen years, including as a commissioner during Trump's first term and as the FCC's general counsel.
Trump could be 'jawboning' to influence behavior, scholar says
Nikolas Guggenberger, an assistant law professor at the University of Houston, said Trump's comments about Welker could be a case of "jawboning," where government officials try to influence behavior or policy through heavy persuasion, lobbying or verbal pressure rather than formal laws or direct orders.
While the president and the FCC might not have a legal right to impose something, they can impose their will and make things harder for Welker and the network in other ways, Guggenberger said.
"Her comments don't seem to be distorting the news," Guggenberger said. "I just don’t see a legal basis here."
Contributing: BrieAnna Frank, Jay Stahl, and Emily R. Condon, USA TODAY
This article originally appeared on USA TODAY: Experts say any Trump FCC rebuke of Kristen Welker won't stand legally
