WASHINGTON – U.S. Senator Amy Klobuchar (D-MN), Ranking Member on the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights, and Senator Richard Blumenthal (D-CT) pressed the Justice Department to respond to allegations published in a recent report from the New Yorker that the White House attempted to interfere with the Department of Justice’s enforcement decisions related to AT&T’s acquisition of Time Warner, Inc. In a letter to Assistant Attorney General for the Antitrust Division Makan Delrahim, Klobuchar and Blumenthal asked for information regarding President Donald Trump’s alleged attempts to influence the Justice Department in this case.

“The notion that federal law enforcement is a tool to serve the political and personal interests of our leaders is corrosive to our society and system of government. The public should be able to trust that antitrust enforcement—in fact all federal law enforcement—is impartial and free of political influence,” the members wrote.

The full text of the letter can be found below:

Dear Assistant Attorney General Delrahim:

We have repeatedly raised concerns about reports that the White House attempted to interfere with the Department of Justice’s enforcement decisions related to AT&T’s acquisition of Time Warner, Inc., as have many of our colleagues. Following news reports earlier this week that that the President ordered Administration officials to pressure the Justice Department to block the AT&T/Time Warner merger, we are compelled to raise these troubling issues yet again.

This week, the New Yorker reported that President Trump ordered Gary Cohn, then Director of the National Economic Council, to pressure the Antitrust Division to block the merger. President Trump reportedly exclaimed to his then chief of staff John Kelly, “I’ve been telling Cohn to get this lawsuit filed and nothing’s happened! I’ve mentioned it fifty times. And nothing’s happened. I want to make sure it’s filed. I want that deal blocked!”

This latest report comes after the district court rejected the Justice Department’s challenge to the AT&T/Time Warner merger, and after the D.C. Circuit turned down its appeal. Like many of our colleagues, we were encouraged that the Department took enforcement action against the merger, and we have appreciated your assurances that the Division’s activities are conducted “without regard to political considerations.” But these latest revelations are extremely disturbing.  

Since July 2017, the Justice Department has received three Klobuchar letters asking for answers to questions about potential political interference by the White House into the AT&T/Time Warner matter. In addition, Senator Blumenthal has made clear that the Department of Justice’s actions in this merger should not be guided by undue political pressure. While the Department responded to these letters, those responses did not include adequate and complete answers to certain specific questions. For example, the Department’s response to one letter states, “the Department is not aware of any influence by the White House on the substance or merits of the AT&T/Time Warner matter or any other matter under review by the Antitrust Division.” But a number of those questions also sought information about Administration efforts to exert influence over the Department’s activities, whether or not they were successful. The American people deserve this information. 

Accordingly, we respectfully request that the Department provide separate and complete answers to each of the following questions, many of which were previously submitted:

  • Please describe any efforts by President Trump, of which you are aware, to exert influence over the Department of Justice regarding the AT&T/Time Warner transaction.
  • 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?
  • 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 in connection with CNN? If so, please detail those interactions.
  • If these interactions occurred, did those interactions and any subsequent conduct by Department officials or employees comply with existing Department or other Executive Branch policies?
  • Do you have any knowledge of any payments that AT&T may have made in an effort to exert influence with any Administration official, White House official, transition official, or adviser to the President (either official or unofficial) regarding the AT&T/Time Warner transaction?

The efforts of the Justice Department enforcers who brought a difficult but worthwhile case in the face of criticism are worthy of praise, but now many are wondering why they were allowed to bring the case in the first place. The notion that federal law enforcement is a tool to serve the political and personal interests of our leaders is corrosive to our society and system of government. The public should be able to trust that antitrust enforcement—in fact all federal law enforcement—is impartial and free of political influence. 

Thank you for your prompt attention to this request.

Sincerely,

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