Talking Points Memo: Trump Administration Loses Plot During ‘Free Speech’ Struggle Session

Hello it’s the weekend. This is The Weekender ☕️

To some extent, every new excess by the Trump administration is unsurprising to us, the writers and editors of Talking Points Memo, and, I imagine, to you, our readers. These guys told us what they were going to do, after all. It sounded authoritarian. Trump’s own former military leaders said he was “fascist.” But given that priming, we heavy consumers of news can, I think, sometimes lose track of how far the Trump administration has gone, even by its own standards.

Nicole on Thursday flagged an interview with CNBC during which FCC director Brendan Carr outlined his belief that both his agency and the “media ecosystem” overall are in the midst of a “massive shift” given the “permission structure that President Trump’s election has provided.”

“And I would simply say we’re not done yet with seeing the consequences of that,” Carr said.

“Will you only be pleased when none of these comedians have a show on broadcast television?” CNBC anchor David Faber asked.

“No, it’s not any particular show or any particular person,” Carr replied. “It’s just we’re in the midst of a very disruptive moment right now, and I just, frankly, expect that we’re going to continue to see changes in the media ecosystem.”

Carr and the rest of the Trump administration have tried to get a lot of mileage out of the whole idea that the 2024 election represented a substantiation of an American cultural “vibe shift” post-COVID (though Carr’s talk of a new, Trumpian “permission structure” is a particularly chilling way to articulate that idea).

But setting aside that Trump’s electoral victory was, in the end, not that large, are Trump’s leaders in government still doing what they understood themselves to have won permission to do?

“This was all in Project 2025, btw,” an actor from “Glee” tweeted, and Carr at 11:43 p.m. replied with that GIF of Jack Nicholson nodding with an ecstatic, unhinged look, a seeming affirmation that, yes, this was all the plan.

But was it? Carr, in fact, wrote the FCC chapter of Project 2025. There was nothing about revoking broadcast licenses or using the “Equal Time” rule in creative ways, as he has threatened to do with “The View,” a program that is seemingly his next ABC-broadcast target. “The FCC should promote freedom of speech,” his chapter of Project 2025 began.

That’s an ideal his party is now seemingly somewhat confused about. Early this week, Pam Bondi got in trouble for trying to distinguish anti-Charlie Kirk “hate speech” from “free speech.” “An FCC license, it’s not a right. It really is a privilege,” Sen. Cynthia Lummis (R-WY) told Semafor on Thursday. “Under normal times, in normal circumstances, I tend to think that the First Amendment should always be sort of the ultimate right. And that there should be almost no checks and balances on it. I don’t feel that way anymore,” she added. Other Republicans took the opposite side of the issue, with Sen. Ted Cruz (R-TX) of all people calling Carr’s tactics “right out of Goodfellas.”

It’s in these moments where the Trump administration and its allies lose the plot — when they do an about-face on the same ideas they bear hugged in weeks and months and years prior, casting about for enemies to punish — that the MAGA coalition frays a bit, straining under the weight of cognitive dissonance. We saw the same thing with Trump’s short-lived war on Iran and, much more so, with his aggressive insistence that there was nothing important going on with that Jeffrey Epstein guy. The cause of ending cancel culture launched a thousand MAGA-aligned influencer careers; it is the supposed raison d’être of entire MAGA-friendly publications. Now that the government they serve has turned the page on free speech, what do they do?

It’s not just the MAGA faithful. Booting a late-night host watched by millions from the air over some muddled remarks about your slain political ally is the kind of thing that gets the attention of the “normies” who have decided to tune out from the whole lurid spectacle of American democracy in 2025. (Ditto for revising childhood vaccine recommendations while confessing you’re not even totally clear what you’re voting on.)

Ten years into this, only fools predict we’ve reached the beginning of the end of Donald Trump. And that’s not what I’m saying. But moments like these are not good for Trump’s already limited base of support, and bring us toward the next chapter of America’s authoritarian experiment, whatever that chapter may be.

https://talkingpointsmemo.com/the-weekender/the-trump-admins-free-speech-struggle-session

Talking Points Memo: GAO Makes Official What’s Been Obvious: Trump Admin Is Breaking Impoundment Control Act

The independent agency embedded within the legislative branch that is designed to review federal spending and make recommendations to Congress on cost savings and waste, as well as investigate policy implementation (the real one, not DOGE), has released a new finding that none of us will find surprising.

As part of its 39 different investigations into various actions the Trump administration has taken in the last four months that could qualify as Impoundment Control Act violations, the Government Accountability Office determined this afternoon that the Trump administration has, in fact, done just that.

Big picture, the non-partisan congressional watchdog is expected to issue more rulings in coming months as it works its way through nearly 40 other similar investigations into whether the Trump administration has violated the 51-year-old law in other ways. The Trump White House has already called the GAO finding “wrong” and GAO opinions are, in general, considered nonbinding recommendations to Congress. Such a finding might matter more in an era where congressional Republicans were not already so willing to choke down all of Trump’s DOGE cuts.

https://talkingpointsmemo.com/where-things-stand/gao-makes-official-whats-been-obvious-trump-admin-is-breaking-impoundment-control-act

Talking Points Memo: Trump DOJ Admits It Used Bogus Info In Key Deportation Case

In an important federal case in Massachusetts over whether deportees can be sent to third countries rather than their countries of origin, the Trump administration admitted Friday to a grievous error and managed to compound it in the process.

It’s a bit complicated so let me boil it down to its essentials:

  • Background: A gay Guatemalan national who had a U.S. immigration judge order barring his removal to his home country because he feared continued persecution was instead deported to Mexico in February by the Trump administration, partly on the grounds that he had told ICE that he didn’t fear being sent to Mexico. That was odd because the man, identified only by the initials O.C.G., had previously testified that he had been targeted and raped in Mexico, his lawyers say.
  • Thursday: The Trump DOJ abruptly cancelled the scheduled deposition of an ICE official “whom Defendants previously identified as giving Plaintiff O.C.G. notice of deportation to Mexico and recording his response of lack of fear,” O.C.G.’s lawyers later told the court.
  • Friday: The Trump DOJ filed a “Notice of Errata” admitting that during the judge’s ordered discovery in the case it had been unable to “identify any officer who asked O.C.G. whether he had a fear of return to Mexico.” A key factual element of the Trump administration’s case had evaporated. But it got worse …
  • Sunday: Lawyers for the deportee – who is now in hiding in Guatemala because he fears persecution as a gay man – filed an emergency motion pointing out, among other things, that the government’s filing about its own error revealed the deportees name and other information, further jeopardizing his safety despite a court order anonymizing his identifying information.

Still with me? In the course of admitting its error, the Trump administration outed the gay man who it had wrongfully deported in the first place.

This is what happens when you staff up with a bunch of sycophantic suck-ups and bimbos instead of competent personnel!

https://talkingpointsmemo.com/morning-memo/trump-doj-admits-it-used-bogus-info-in-key-deportation-case