Illustration: Aïda Amer/Axios
President Trump is pushing the bounds of the law with the firing of FTC Democrats and sparking questions over the future of the FCC.
Why it matters: Democrats in other agencies could be targeted and norms around having bipartisan commissions could be shattered, experts and former officials say.
Here's what to know about how this could play out at the FCC.
1. Quorums
- The 1934 Communications Act establishes the FCC's quorum as three members, regardless of party affiliation.
- No more than three members of the five can be from the same political party.
- That means Trump can nominate independents, Democrats or no one at all to fill vacancies.
2. Recusals
- The Communications Act does not have specific language about recusals. Conflict of interest law does require commissioners to divest where appropriate.
- FCC observers don't foresee any current commissioners or nominees as needing to recuse themselves.
- SpaceX lobbyist David Goldman, reportedly a top FCC nominee contender, would be more likely to need to divest.
Catch up quick: Trump has nominated longtime Hill staffer Republican Olivia Trusty to fill the vacant seat on the commission.
- Democratic commissioner Geoffrey Starks announced this week he is retiring, leaving commissioner Anna Gomez as the last Democrat.
What they're saying: Benton Institue senior fellow and public advocate Gigi Sohn said that this administration has "shown that norms" is a "meaningless term."
- In an X post reacting to the FTC firings, Gomez said, "We all have a duty to keep speaking truth to power and to stand firm in our beliefs."
The bottom line: Should Trusty be confirmed, chair Brendan Carr would have the votes he needs to advance his agenda, with or without Gomez.
