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Hello, and welcome to another episode of the David Frum Show. I'm David Frum, a staff writer at the Atlantic. My guest this week will be Congressman Richie Torres, who represents the South Bronx in the United States House of Representatives. It's such a pleasure and an honor to welcome Congressman Torres to this program. We'll be discussing the contest, the struggle between Democratic centrists and Democratic progressives in New York City, state, and federal politics. And we'll talk as well about his vision for the future and direction of American politics and his beliefs and principles as he's become one of the most important voices in the United States Congress. I want to begin with a few preliminary remarks about a new Trump administration attack on press freedom and press integrity. The Wall Street Journal recently released an important story on the personal connections between Donald Trump, the private citizen, as he then was, and Jeffrey Epstein, the disgraced financier and sex trafficker who died in 2019. President Trump, as he now is, responded to the story by filing a massive lawsuit against the Wall Street Journal, one of many lawsuits in a long series that Donald Trump has brought against press institutions. Now, a private citizen who feels himself or herself ill used by the press, of course, has a right to sue for defamation. These suits usually don't go very far. It's difficult to win a defamation suit in the United States. And people usually, while they may file them or threaten to file them, they usually don't proceed. For one thing, they bump into the threat of discovery where the news organization will be able to say, well, since you're suing us, we get to ask some questions of you, and the person sued. The person suing often doesn't want to answer those questions. And that's where the whole thing changes, tends to break down. But President Trump has approached these lawsuits in a very different way. The President of the United States. Under Donald Trump, the presidency has become a very different kind of institution from what it ever was before. It has acquired large new immunity from criminal prosecution. The Supreme Court of the United States has made it much more difficult than it ever was to hold a president to account for criminal actions committed by that president or alleged criminal actions committed by the president. The court has carved out zones of immunity in which the president simply cannot be questioned or challenged about criminal activity. Meanwhile, Donald Trump, while he has all those august powers of the presidency, he's using the powers of a private citizen to sue in ways that are augmented by the powers of the presidency. The suits that Donald Trump has brought against ABC News and CBS News were suits he almost certainly was not going to win. The CBS lawsuit was particularly feeble. It was a lawsuit where he said he didn't like the way 60 Minutes had edited an interview with Vice President Kamala Harris. And he was invoking a Texas consumer protection statute to attack the way that CBS had edited this interview. Now, the courts for 50 years has been, have been very clear about the enormous protection of the right to edit under the First Amendment. And the Federal Communications Commission has made it clear they want no part of second guessing the editorial judgments of news organizations. This lawsuit would not go anywhere. It's almost guaranteed not to go anywhere. But CBS and ABC have corporate parents, and those corporate parents have a lot of business before the federal government. In the CBS case, the business was especially urgent. Paramount, the owner of cbs, wanted to execute a merger that would need FCC approval. And the President Trump's chairman of the FCC had made clear that regulatory approval could hinge on whether Paramount made some kind of settlement with President Trump in his complaint against cbs. So President Trump used his regulatory powers over parent corporations to squeeze settlements out of ABC and cbs. He also extracted a big payday for his family from Amazon. At the beginning of the administration, Amazon announced that it was going to make a documentary or a movie about the life of First Lady Melania Trump and pay her millions and millions of dollars for the film rights for a movie that doesn't look like it's ever going to see the light of day and, and maybe was never intended to see the light of day. So the President is immune criminally. He sues like any private citizen. But his lawsuits are backed up by the regulatory power of the federal government and under his control, exerting powers in new ways in ways that had never been contemplated before by the Federal Communications Commission. Now President Trump is using the same maneuver against the Wall Street Journal. Shortly before the story appeared, Vice President Vance made a special trip to visit the Murdoch family and presumably, or apparently to plead the case against the story. So that was another form of pressure. So far, the Wall Street Journal has resisted. But how long they will resist is unclear because the parent corporation behind the Wall Street Journal also has a lot of business before the federal government. And of course, the Murdoch family that owns the parent corporation and President Trump have deep other causes. So what we're witnessing here is an attempt to use federal power to, by a criminally immune president to snuff out discussion of things that bear on that President's potential criminal liability or potential civil liability. You know, abuses of power by the President tend to bleed One into the other. You start with something small like, I don't want people to know about my connections to Jeffrey Epstein. And pretty soon you're deploying powers over the press and you're abusing the FBI. I think the point is there's no easy way to out of this for any of us. And I think this is one of the reasons why the Epstein story has become so important. Whatever is the exact truth of what happened between Donald Trump and Jeffrey Epstein, how deeply they were connected or when their relationship began, when their relationship ended, what happened in between, why it ended, how Jeffrey Epstein's future career, why his prosecution was handled in the way that it was, what happened in the final hours and moments before his death, all of those unanswered questions. In order to protect the president from potential revelations, we're having to break apart all kinds of institutions, beginning with the FBI and ending with the First Amendment. You know, I think a lot of people hope there's some way to box in or limit the Trump presidency, to treat it like, you know, not one of one's favorite presidents, not one of America's finest hours, but something that doesn't threaten to do tremendous and permanent damage to the structure of American government. But as this latest story reveals, even in the most intimate and personal aspects of his life, Donald Trump's needs and imperatives and his attitude toward the presidency are a threat to every American institution. If we're going to come out of this unscathed, we're going to have to have a real reckoning with what Donald Trump did. We're not going to be able to box this in. We're not going to be able to say, well, that was then and this is now, or this is his personal life, or these are his personal matters. For him, there is no barrier between the personal and, and the constitutional. And for the reverse, there's no barrier for those who want to protect the Constitution against the person of Donald Trump. It's going to be one or it's going to be the other. And that situation here we are at the very beginning of the second Trump presidency is only likely to become more intense as that presidency continues. Now, my dialogue with Congressman Torres, and we'll be talking about some of these very same issues in that conversation. I hope you'll continue to watch. But first, a quick break.
