Trump Withdraws O'Rielly Renomination

President Donald Trump withdrew his renomination of FCC Commissioner Mike O’Rielly to another term, the White House announced Monday (see 2008030072). The Trump administration and O’Rielly’s office didn’t comment. The agency declined to comment.

O’Rielly’s nomination had been seen to be on hold until at least September due to a hold from Senate Armed Services Committee Chairman Jim Inhofe, R-Okla., and opposition from several Senate Commerce Committee Democrats over an FCC order approving Ligado’s L-band plan (see 2007310001). Until now, however, there hadn't been any public indication that the renomination wouldn't move forward.

People across the political spectrum saw the move as possibly linked to O’Rielly’s criticisms of regulation of social media platforms’ content policies (see 2007290039), although the GOP commissioner has said those concerns aren't related to the White House. NTIA petitioned the FCC at Trump's order for clarification on Communications Decency Act Section 230.

"This is a surprising development with considerable consequences,” emailed Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman. “In the short term it means that Trump can’t possibly get favorable action on the Section 230 petition unless and until he is reelected and then gets a compliant replacement.” Schwartzman said the move could also mean that Chairman Ajit Pai is “off the hook” from having to decide whether to support the petition.

The withdrawal could be a message to Pai about Ligado, Schwartzman said. The nomination was seemingly pulled because O’Rielly, “wasn't supportive of Trump's illegal & unconstitutional request that @FCC interpret #Section 230,” Georgetown Law fellow Gigi Sohn tweeted. “Give Mike props -- he stuck to his principles even as it may have cost him another term as Commissioner.”

TechFreedom Senior Fellow Berin Szoka tweeted that O’Rielly had “the courage to (oh so gently) remind his fellow Republicans that the First Amendment bars the FCC from policing speech online (no matter how much Trump whines about "Big Tech censorship") and the White House retaliated.” Technology Policy Institute President Scott Wallsten tweeted, “Major props to Mike for supporting 1A and staying true to his convictions despite personal cost. Few people pass that test if they face it.”