In her letter, Klobuchar requests information on contacts between the White House and the Department of Justice regarding the AT&T/Time Warner merger

WASHINGTON, D.C. – U.S. Senator Amy Klobuchar, Ranking Member of the Antitrust Subcommittee, today said that political interference in antitrust enforcement is unacceptable. In a letter sent to U.S. Attorney General Jeff Sessions, Klobuchar requested information on contacts between the White House and the Department of Justice regarding the pending merger between AT&T and Time Warner, a parent company of CNN. Klobuchar’s effort followed a New York Times report that White House advisers have discussed the pending merger as a potential point of leverage against adversary CNN.

“Although I have raised serious questions about the impact of AT&T’s proposed acquisition of Time Warner, Inc., the transaction should be judged solely on its impact on competition, innovation, and consumers, not as “leverage” for political gain,” Klobuchar wrote. “Any political interference in antitrust enforcement is unacceptable. Even more concerning, in this instance, is that it appears that some advisers to the President may believe that it is appropriate for the government to use its law enforcement authority to alter or censor the press. Such an action would violate the First Amendment.”

“Has any employee of the White House or adviser to the President (either official or unofficial) had any contact with any Department of Justice employee regarding the AT&T/Time Warner transaction?” Klobuchar asked.

In February, Klobuchar outlined antitrust issues on the proposed merger between AT&T and Time Warner, Inc. to Attorney General Jeff Sessions and highlighted three considerations the Department should take into account when evaluating the proposed transaction. During a December Subcommittee hearing, Klobuchar examined the acquisition’s effect on independent content providers, possible harm for consumers, and the effectiveness of conditions that would remedy concerns over the merger.

The full text of the letter is below:

Dear Attorney General Sessions:

As Ranking Member of the Antitrust Subcommittee, I am writing to urge the Department of Justice to oppose any attempt by White House advisers to interfere with antitrust enforcement decisions, particularly for political reasons. 

Yesterday, the New York Times reported that “White House advisers have discussed a potential point of leverage over their adversary [CNN], a senior administration official said: a pending merger between CNN’s parent company, Time Warner and AT&T.” This report is deeply troubling. I hope you agree that the President or his advisers’ concerns about the content of CNN’s press coverage have no place in antitrust enforcement.

Although I have raised serious questions about the impact of AT&T’s proposed acquisition of Time Warner, Inc., the transaction should be judged solely on its impact on competition, innovation, and consumers, not as “leverage” for political gain.

Any political interference in antitrust enforcement is unacceptable. Even more concerning, in this instance, is that it appears that some advisers to the President may believe that it is appropriate for the government to use its law enforcement authority to alter or censor the press. Such an action would violate the First Amendment.

I am committed to maintaining the professionalism and independence of the antitrust enforcement agencies. I appreciate that you also expressed support for these goals. As you responded to one of my questions during your nomination and confirmation process, “there will not be political influence” in antitrust enforcement decisions.

In light of the report today, I respectfully request responses to the following questions.

  • Has any employee of the White House or adviser to the President (either official or unofficial) had any contact with any Department of Justice employee regarding the AT&T/Time Warner transaction?
  • If so, did those interactions comply with existing policies?
  • Will you commit to notifying the Chairman and Ranking Member of the Senate Judiciary Committee, as well as the Chairman and Ranking Member of the Antitrust Subcommittee, should any such contacts occur?

Thank you for your prompt attention to this request.

Sincerely,

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