Rep. Pallone: FCC Chairman Pai Should Have Disclosed Sinclair Call From Top White House Lawyer

House Commerce Committee Ranking Member Frank Pallone Jr. (D-NJ) has asked Federal Communications Commission Inspector General David Hunt to investigate what he said was FCC Chairman Ajit Pai's failure to disclose a conversation he had with White House General Counsel Don McGahn about the Sinclair-Tribune merger, suggesting it could have been a "coverup." Ranking Member Pallone is wondering why Chairman Pai did not disclose the conversation during an earlier House FCC oversight hearing.

Pallone had asked during the July 25 hearing “If the President or anyone in the White House discusses or has discussed the Sinclair-Tribune merger with you or anyone at the FCC, will you commit to disclosing that in the public docket?" Chairman Pai said yes, with the caveat that "we have ex parte rules, because this is now a restricted proceeding. We are limited in what information we can receive and what we can put on the record. But consistent with our restricted ex parte rules, we would be happy to accommodate to the extent we can.”

"Even though the conversation with McGahn had taken place on July 17, eight days before the hearing, Pai did not disclose his discussion with McGahn and he has not subsequently placed a record of the discussion in the public docket," Pallone wrote the inspector general. "Since the discussion occurred prior to the adoption of the Sinclair Hearing Designation Order (HDO), Pai’s reference to “restricted ex parte rules” is irrelevant.  Pallone also asked the IG to look at phone records of other commissioners and staff to make sure that they did not have any White House communications that were not disclosed.

A spokesperson for Chairman Pai fired back. “This is yet another absurd partisan attack from House Democrats," said the spokesperson. "Chairman Pai said that he would act consistently with the Commission’s ex parte rules, and that’s exactly what he’s done with respect to the status inquiry in question. Given the FCC’s actions involving the Sinclair/Tribune merger, it is unfortunate that House Democrats are still trying to beat this dead horse, especially after their prior accusations of favoritism towards Sinclair were shown to be false.”