What A Day - Media Braces For Trump's Revenge

Episode Date: December 18, 2024

President-elect Donald Trump made good on his promise late Monday to sue The Des Moines Register, the newspaper's former pollster, Ann Selzer, and the paper's parent company, Gannett. His lawyers argue that Selzer's early November poll showing Vice President Kamala Harris beating Trump in Iowa amounted to "election interference." The suit comes on the heels of ABC News' decision to pay $15 million to settle a defamation lawsuit brought by Trump. Dylan Byers, media reporter and founding partner of Puck News, explains what it could mean for coverage of Trump's second term. Later in the show, Crooked correspondent and longtime climate reporter Stephanie Ebbs breaks down the Biden Administration's rush to spend funds for clean energy projects tied to the Inflation Reduction Act.And in headlines: Virginia Rep. Gerry Connolly beat New York Rep. Alexandria Ocasio Cortez in the contest to be the top Democrat on the House Oversight Committee, the UnitedHealthcare CEO shooting suspect is charged with murder, and Ukraine claimed credit for the killing of a senior Russian general in Moscow.Show Notes:Check out Dylan's reporting – puck.news/author/dylan-byers/Subscribe to the What A Day Newsletter – https://tinyurl.com/3kk4nyz8What A Day – YouTube – https://www.youtube.com/@whatadaypodcastFollow us on Instagram – https://www.instagram.com/crookedmedia/For a transcript of this episode, please visit crooked.com/whataday

It's Wednesday, December 18th. I'm Jane Coaston and this is What a Day, the show that will not be bidding on an ancient tablet containing nine of the Ten Commandments that Sotheby's is putting up for auction. Because honestly, where would we put it? With the Ark of the Covenant and the One True Cross and the Shroud of Turin already taking up a lot of space in our apartment, we are reaching our limit on possibly haunted religious relics. On today's show, Biden's inflation reduction act spending spree, and AOC loses her bid for top Democrat on the House Oversight Committee. Let's get into it.

I frequently say that President-elect Donald Trump just has a lot of stuff. He makes a lot of promises that he can't possibly keep and probably doesn't want to. He's the kid running for 6th grade class president. Pizza and ice cream for everyone, all the time. But there's one promise he's actively working to keep. Suing the media. Late Monday night, Trump filed a lawsuit against the Des Moines Register, it's former pollster Ann Seltzer, and the paper's parent company, Gannett.

Why? Because of Seltzer's poll published right before the election showing Vice President Kamala Harris with a three-point lead in the state. Turns out Seltzer was wrong, very wrong. Trump won Iowa by 13 points. But never one to just take the win and move on, Trump says Seltzer's poll

amounted to election interference. He previewed the suit during a press conference at Mar-a-Lago. I feel I have to do this. I shouldn't really be the one to do it. It should have been the Justice Department or somebody else, but I have to do it. It costs a lot of money to do it, but we have to straighten out the press. Our press is very corrupt,

almost as corrupt as our elections. And on Tuesday, Trump's lawyers asked a federal judge to advance another one of his media lawsuits against famed journalist Bob Woodward of the Washington Post. Trump sued him last year for releasing recordings of their interviews. The judge denied Trump's request a few hours later. Still, Trump is probably feeling emboldened after he scored a legal win against ABC late last week. The network decided to settle with him for $15 million. Trump sued ABC and anchored George Stephanopoulos for defamation. Because Stephanopoulos said a jury found Trump, quote, liable of rape instead of liable of sexual assault.

And that's not all. In November, Trump sued CBS News for a very reasonable $10 billion. And not even over something the network said about him. He's suing over Harris's interview on 60 Minutes for what he says was, quote, deceitful editing that disadvantaged him in the election. This all may seem petty and silly and frivolous because it is, but it also has media organizations worried. It all fits neatly into Trump's campaign promises of vengeance and retribution, and he's showing that there's almost no norm-shattering level to which he won't stoop. So for more on what this all means for coverage of Trump's second term, I spoke with Dylan Byers.

He's a media reporter and a founding partner at Puck News. Dylan, welcome to What a Day! Thank you for having me. I think this is my inaugural visit. It's good to be here. The first of many. So let's start with the ABC settlement. What was your reaction to the news,

both as a guy who reports on the media, but also a member of the media? Well, you know, I try to keep like a very sober, even keeled attitude about these things and not to overreact to them. And I certainly understand in the Trump administration that among the business community, generally, there's a lot of sort of, some people have used the word

capitulation, I think it's more recognizing the need to do business with Trump. So I understand the business leaders who are going to Mar-a-Lago to meet with Trump and talk with him. I can even sort of countenance the idea of a I can even sort of countenance the idea of a Jeff Bezos or a Mark Zuckerberg donating $1 million to the inauguration fund. Presumably they would have done the same thing for Kamala or Biden or anyone else. $15 million to settle a defamation case

that you almost certainly could have won in court is a problem of a whole different magnitude. And I think that Bob Iger and Disney caved here, and I think that in so doing, they set a very terrible precedent for what other media organizations are going to do over the course of the next four years. Why do you think ABC and Disney just folded and decided not to fight Trump's claims? Yeah, well, we should start with the caveat here that technically speaking, George Stephanopoulos

was wrong in what he said. It still doesn't mean he would have lost the case, right? The bar for defamation is fortunately in this country, at least for the time being, we'll see what the Supreme Court does. But the bar for defamation for public figures is really high as it should be. I can't explain it.

I don't know. I mean, I understand the calculation is you don't want Trump on your back. You don't wanna deal with being demonized by the Trump administration. You don't want to deal with being demonized by the Trump administration. You don't want to put Disney at a disadvantage or put the news division at a disadvantage. But again, I don't really think it's defensible.

What message do you think it sent to Trump? I think it would embolden him. I think it would leave him with the impression that he should go after more media organizations. And we've seen that already, you know? I mean, he's going after media organizations now on much even thinner claims, right? Right, let's talk about it.

Like he's going after the Des Moines Register to talk about Ann Seltzer's poll. Trump is arguing it amounted to election interference, even though he won Iowa by like 13 points. And a poll is not election interference, it seems bonkers. Like this seems like the kind of thing that a judge would be like, get the hell outta here.

What's going on here? You know, he has said this in the past, when he has lost, and the Des Moines Register case is not a defamation case, it has to do with some Iowa state law about fraud, but he has said in the past that even when he loses these legal cases, he has said it was worth it because, and I'm paraphrasing now, but effectively

because it made the defendant's life a living hell. And I think he is just creating a climate in which news organizations feel like they are going to think twice before doing anything that might get on his bad side. Now, I don't want to overstate the case. I don't think the New York Times or CNN or anyone else is going to stop covering Trump in a tough way. But I do think that they are going to be, you know, the bar is going to be raised for

them in terms of how they approach it, because I think they're just going to be, you know, the bar is going to be raised for them in terms of how they approach it, because I think they're just going to be fearful that he's going to take some sort of legal action to really complicate things for them or just make life harder for them. And that, again, that that's not the kind of climate we want to live in. And talking about companies that aren't the New York Times and CNN, which no matter what financial difficulties CNN might be facing, still billions of dollars. What effects could these seemingly frivolous suits have on media organizations that aren't exactly raking in money right now?

Yeah, it's much harder if you're a much smaller news organization. You know, I mean, I spent a lot of time covering the media, thinking about decline of legacy institutions and the rise of startups. But one thing that's great about institutions is that they have the muscle and the rise of startups. But one thing that's great about institutions is that they have the muscle and the resources and the fortitude to stand up to administrations

in situations like these, or to stand up to government or big business or anyone else. And I think if you're a small paper and you get bogged down in needing to spend money on legal resources to fight against the president of the United States, I think, yeah, I think that could become

an existential challenge for a small media organization. I think that the first Trump presidency was a boon for the news industry in a lot of ways, but a lot has changed since 2017. And if you talk to people, there's a real sense of people just being tired. Like they did this once, they're tired. I don't think you're going to get the same massive bump to subscribers for a lot of places.

Though I think some outlets like Slate have said like, oh, we're actually receiving a bump right now. How do you think coverage of Trump and the audience's appetite for that kind of coverage, the kind of like 24 hours a day, seven days a week, in-depth, constant discussions of Trump that we saw in 2017, 2018. How do you think that's going to look different this time around? You know, I think it'll vary media organization to media organization.

You will certainly still have organizations like MSNBC or the Atlantic or Slate that will continue to sort of, that sort of progressive liberal anti-Trump posture. I think what will be different from last time is I think last time there was so much shock and I think media organizations felt so unsettled by the result of the 2016 campaign, that the sort of resistance posturing became, I think, sort of not just the smartest business strategy, but sort of like the natural knee-jerk reaction

of media organizations that had put a big premium on the values of like the fourth estate. And I think this time around, there's more nuance to how more mainstream organizations, I'm thinking here about CNN, the Washington Post, think about that. And I think they recognize that Trump is the president, he won the election, he won the popular vote, and the strategy of positioning yourself as a counterweight to that, rather than just doing the work of covering the administration and telling the story and recognizing that

like you don't want to alienate half of your audience. I think they're thinking more strategically about that. And so I think as a result, we are not going see this overwhelming, resistance style journalism of the democracy dies in darkness, CNN's, this is an apple, this is not a banana, like that sort of campaigning. I don't think they're gonna market themselves that way. I look, I think most of these media organizations remain left of center, but I think there's gonna be

an effort to be a little bit more thoughtful about how they do that and a little less emotional about it. Dylan, this has been incredibly helpful. Thank you so much for joining us. Sure, thank you for having me. It's a pleasure. That was my conversation with Dylan Byers, media reporter and founding partner at Puck News.

We'll get to more of the news in a moment, but if you like the show, make sure to subscribe, leave a five-star review on Apple Podcasts, watch us on YouTube, and share with your friends. More to come after some ads. -♪ And now, the news. -♪ Headlines... -♪ And now, the news. Head of Lines.

I think my colleagues were measuring their votes by who's got experience, who's seasoned, who can be trusted, who's capable, and who's got a record of productivity. And I think that prevailed. Virginia Representative Jerry Connolly beat New York Representative Alexandria Ocasio-Cortez Tuesday in the contest for top Democrat on the House Oversight Committee. It's the main investigative committee in the House and works to hold the federal government accountable. The secret ballot vote was held in a private Democratic caucus meeting.

Connolly, who's 74, bested the 35-year-old by a significant margin, prompting questions from reporters about whether Democrats are rejecting the youth movement in Congress. Here's how Connolly responded. Connolly also told reporters his strategy to fight back against the Republicans and the majority is to tell the truth. Are you up for the the potential combat with the Trump administration? I know you've had some issues as well. I did it before for four years and bested them on a number of occasions and I'm raring to go again. Connolly said Trump may feel more emboldened in his upcoming term, but quote, that may also make him more reckless. He went on to say that there is a law on this land

and he's going to make sure it's enforced. AOC wrote on Blue Sky, quote, tried my best, sorry I couldn't pull it through everyone. We live to fight another day. We are here to announce that Luigi Mangione, the defendant, is charged with one count of murder in the first degree and two counts of murder in the second degree, including one count of murder in the second degree as an act of terrorism for the brazen, targeted, and premeditated shooting of Brian

Thompson. Manhattan District Attorney Alvin Bragg detailed the charges against Luigi Mangione, the alleged shooter of the UnitedHealthcare CEO. Bragg said at a press conference on Tuesday that Mangione is also facing weapons and forgery charges in New York. He faces a maximum penalty of life without parole. Mangione is currently being held in Pennsylvania on weapons and forgery charges. He's set to appear in a Pennsylvania court on Thursday for an extradition hearing, which his lawyers say they will not fight. A top Russian general was killed Tuesday in a bomb attack outside an apartment building in Moscow. An official with Ukraine's security service, the SBU, claimed Ukraine was behind the killing of Lieutenant General Igor Kuralov.

Russia's investigative committee said Kuralov and one of his aides died after the device, which was planted in a scooter, detonated remotely. The attack came a day after Ukraine accused Kyrilov of being responsible for the massive use of banned chemical weapons in the country. The SBU claims Russian forces have used chemical weapons in battle more than 4,800 times since the war started. Russia denies the accusations. Karlov was sanctioned by several countries,

including the UK and Canada, for his part in the war. What do the movies, Spy Kids, The Social Network, and No Country for Old Men all have in common? According to the Library of Congress, they're Americana. On Tuesday, the library announced it's adding 25 films to the National Film Registry for 2024. The National Film Registry is a list of films the Library of Congress deems culturally,

historically, or aesthetically important to preserving the country's film heritage. Carla Hayden, Librarian of Congress, announced this year's inductees in a video which featured interviews with filmmakers and actors in the films. The 2024 National Film Registry. The films are stunning, evocative, and thrilling.

Captivating us with stories of unwavering grit, complex relationships, and gripping breakthroughs. This year's edition span 130 years in countless genres. Among them is 1938's Angels with Dirty Faces, and 1991's My Own Private Idaho, as always, R.I.P. River Phoenix. The list is now 900 titles long. And today, Turner Classic Movies will broadcast a selection of the films. And that's the news. One more thing. The Inflation Reduction Act was signed into law in August of 2022, and

it was intended to do a bunch of stuff. One of the primary goals of the law was to fight climate change. In fact, it's the largest piece of federal legislation aimed squarely at climate change, with nearly $900 billion targeted at everything from encouraging renewable energy growth to supporting rural energy cooperatives. And Donald Trump hates it. But what exactly could he do about it as president? Could he take back all that money that's gone to Democratic and Republican districts to get

electric school buses on the roads and help preserve wetlands? And what is President Biden doing to get the money out the door before Inauguration Day? To find out, I called up crooked correspondent and longtime climate reporter Stephanie Ebs. Stephanie, welcome back to Waterday. Thanks, Jane. So, how do we measure the impact of the Inflation Reduction Act since it was passed two years ago? What has it done to help mitigate climate change? Yeah, so the Biden administration a few weeks ago actually released a bunch of statistics

about the success. Some of them included $154 billion in clean energy investments from the private sector, things like factories to manufacture solar panels domestically. There's also more than 3 billion American households that have accessed tax credit through the IRA in some form. That's more than $8 billion in tax credits, mostly for improvements for your home. The administration would call that a big economic win, but also steps that save homeowners money kind of in the more immediate sense. And then there's of course the climate benefits, which is more of a long game situation where all of these steps to increase clean energy capacity in the United States, it was a really big part of

President Biden's goal of reducing the country's overall emissions by at least 50%. Biden's trying to spend all the money granted by the IRA in his last few weeks as president, and he wants to get all these funds out the door so that Trump can't rescind them. Why the rush? Well, exactly that. Because Congress has appropriated this money, we know that President Trump is saying he wants to eliminate the IRA, he calls it a scam, he wants to rescind this money. We know that President Trump is saying he wants to eliminate the IRA, he calls it a scam, he wants to rescind this money. It's actually really difficult for him to take back money that's been given out. An incoming president can't just take them back because he disagrees politically with the policy. The Biden administration

stances we're going to get all this money out the door before we're done. And they're on very legally sound ground to do that. So far the Biden administration says that they have obligated more than 80% of the grant money from the IRA. That's more than $100 billion. So that's a very healthy chunk of money that they are kind of banking on being safe from Trump to keep kind of clean energy progress moving. So what could Trump and Republicans do to the IRA over the next four years? Could they completely eliminate it?

Clearly taking back that money would be pretty tough as anyone who has ever Venmo'd anyone knows. It's tough to get money back that you sent to someone else. But what could they do? What couldn't they do? They could try to revoke the Inflation Reduction Act, right? Congress could try. But we are seeing some fighting on the Hill already among Republicans, some of whom are

getting quite a lot of money from these initiatives to their districts. There's actually three times more IRA clean energy money that has gone to Republican districts compared to Democratic ones. So we're already seeing things maybe soften from the stance that we're going to completely repeal this. We might see them carve out very specific things like the electric vehicle tax credit, which some Republicans in Congress say is wasteful. Others who have new EV factories in their districts, big fans of it, or maybe not big fans, but moderate fans.

Trump, on the other hand, he can, through the agencies, take steps to basically slow this thing down. A lot of the IRA programs were authorized for 10 years, so there's still a lot of money, a lot of programs on the table under EPA, under energy, under other federal agencies. And it is within their discretion to say, we need to do a review of this program. We think it was spending too much money, or we're gonna change the parameters

for who's eligible for these grants. So while there's kind of the legislative conversation going on about do we get rid of this law, do we change it, the agencies have a lot of power to basically slow roll these programs so they aren't continuing the way we have seen them for the last two years. Stephanie, thank you so much for joining me again.

Thanks Jane so much. That was my conversation with Crooked correspondent Stephanie Ebs. Before we go, if you've been wondering what the hell is going on in Syria and how the US government is approaching it, or want to understand many of the other major international stories happening around the world, check out Pod Save the World. It's hosted by Tommy Vitor and former Obama Deputy National Security Advisor Ben Rhodes. Pod Save the World drops every Wednesday.

Find it wherever you get your podcasts or on YouTube. That's all for today. If you liked the show, make sure you subscribe, leave a review, contemplate what it means that a kids movie that came out while I was in 8th grade is now in the national film registry, and tell your friends to listen. And if you're into reading, and not just about how actually 2001 was super recent and not a very long time ago, if you think like about the nature of time and space, like me, what today is also a nightly newsletter.

Check it out and subscribe at Crooked.com slash subscribe. I'm Jane Coaston and what I'm saying is that being in your late 30s is fun and cool and normal. What Today is a production of Crooked Media. It's recorded and mixed by Desmond Taylor. Our associate producer is Raven Yamamoto. Our producer is Michelle Eloy. We had production help today from Tyler Hill, Johanna Case, Joseph Dutra, Greg Walters,

and Julia Clare. Our senior producer is Erica Morrison, and our executive producer is Adrian Hill. Our theme music is by Colin Gileard and Kashaka.