• 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.

• Check out Dylan’s reporting – puck.news/author/dylan-byers/
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TRANSCRIPT

Jane Coaston: 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. [music break] 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 says 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 sixth 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. Its former pollster, Ann Selzer, 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. 

[clip of President elect Donald Trump] 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. I, 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. 

Jane Coaston: 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 anchor 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. 

Dylan Byers: Thank you for having me. I think this is my inaugural visit. It’s good to be here. 

Jane Coaston: The first of many. So let’s start with the ABC settlement. What was your reaction– 

Dylan Byers: Yeah. 

Jane Coaston: –to the news, both as a guy who reports on the media but also a member of the media? 

Dylan Byers: 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 Jeff Bezos or a Mark Zuckerberg donating $1 million to the inauguration fund. Presumably they would have done the same thing for 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. 

Jane Coaston: Why do you think ABC and Disney just folded and decided not to fight Trump’s claims? 

Dylan Byers: Yeah, well, the 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–

Jane Coaston: Right. 

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

Jane Coaston: What message do you think it sent to Trump? 

Dylan Byers: I think it would embolden him. I think it would leave. I think it would leave him with the impression that um 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 on much even thinner claims. Right. 

Jane Coaston: Right. Let’s talk about it. Like he’s going after The Des Moines Register to talk about Ann Selzer’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–

Dylan Byers: Yeah. 

Jane Coaston: –that a judge would be like, get the hell out of here. What’s going on here? 

Dylan Byers: You know, there 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 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. 

Jane Coaston: 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? 

Dylan Byers: Yeah, it’s much harder if you’re a much smaller news organization. You know, I mean, I spend a lot of time covering the media, thinking about the 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 resources and the fortitude to stand up to administrations um in situations like these or to stand up to government or big business or anyone else. And I think if you are a you know, 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. 

Jane Coaston: 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. 

Dylan Byers: Yeah. 

Jane Coaston: 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? 

Dylan Byers: 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 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, you know, put a big premium on the, you know, 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 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 to see this overwhelming you know, resistance style journalism of the democracy dies in darkness. You know, CNN’s this is an apple, this is not a banana like that sort of campaigning. I don’t think they’re going to market themselves that way. Alright look, I think most of these media organizations remain left of center. But I think there’s going to be an an effort to be a little bit more thoughtful about how they do that and a little less emotional about it. 

Jane Coaston: Dylan this has been incredibly helpful. Thank you so much for joining us. 

Dylan Byers: Sure. Thank you for having me. It’s a pleasure. 

Jane Coaston: 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. [music break]. 

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Jane Coaston: And now the news. 

[sung] Headlines. 

[clip of Representative Gerry Connolly] I think my colleagues who are measuring their votes by who’s got experience and seasoned, who can be trusted, who’s capable and who’s got a record of productivity. And I think that prevailed. 

Jane Coaston: Virginia Representative Gerry Connolly beat New York Representative Alexandria Ocasio-Cortez Tuesday in the contest for top Democrat on the House Oversight Committee. It’s a 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. 

[clip of Representative Gerry Connolly] I think that’s a false narrative, frankly, propounded by the media. Um. We’re looking at capability. We’re not looking at age. Uh. Is somebody capable? Irrespective of how old they are.

Jane Coaston: Connolly also told reporters his strategy to fight back against the Republicans in the majority is to tell the truth. 

[clip of unnamed reporter] Are you up for the potential combat with the Trump administration? I know you’ve had some health issues as well. 

[clip of Representative Gerry Connolly] I did it before for four years and bested them on a number of occasions, and I’m rearing to go again. 

Jane Coaston: 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 in 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.” 

[clip of DA Alvin Bragg] 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. 

Jane Coaston: Manhattan District Attorney Alvin Bragg detailed the charges against Luigi Mangione, the alleged shooter of the United Health care 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 is 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 Kirillov. Russia’s investigative committee said Kirillov 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 Kirillov of being responsible for, quote, “the massive use of banned chemical weapons in the country.” The SBU claims Russian forces have used chemical weapons in battle more than 4800 times since the war started. Russia denies the accusations. Kirillov 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 esthetically 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. 

[clip of Carla Hayden] The 2024 National Film Registry. The films are stunning, evocative and thrilling. Captivating us with stories of unwavering grit, complex relationships, and gripping [?]. 

Jane Coaston: This year’s edition spanned 130 years and 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. [music break] 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 busses 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 Ebbs. Stephanie, welcome back to What a Day. 

Stephanie Ebbs: Thanks, Jane. 

Jane Coaston: 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? 

Stephanie Ebbs: Yeah. So the 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 three billion American households that have access to 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 of 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 um by at least 50%. 

Jane Coaston: 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? 

Stephanie Ebbs: 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. 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’s stance is we’re going to get all of this money out the door before we’re done. And they are on very legally sound ground to do that. So far, the Biden administration says that they have obligated more than 80% of the 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, too, to keep kind of clean energy progress moving. 

Jane Coaston: 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’ed 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? 

Stephanie Ebbs: 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. It’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–

Jane Coaston: Right. 

Stephanie Ebbs: –fans. Trump, on the other hand, he can, through the agencies, take steps to basically slow this things down. A lot of the IRA programs were authorized for ten 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 going to 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 or 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. 

Jane Coaston: Stephanie, thank you so much for joining me again. 

Stephanie Ebbs: Thanks, Jane, so much. 

Jane Coaston: That was my conversation with Crooked correspondent Stephanie Ebbs. [music break]

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Jane Coaston: That’s all for today. If you like the show, make sure you subscribe. Leave a review. Contemplate what it means that a kid’s movie that came out while I was in eighth 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 a Day is also a nightly newsletter. Check it out and subscribe at Crooked.com/subscribe. I’m Jane Coaston and what I’m saying is that being in your late 30s is fun and cool and normal. [music break] What a Day is a production of Crooked Media. It’s recorded and mixed by Desmond Taylor. Our associate producer is Raven Yamamoto. Our producer is Michell Eloy. We had production help today from Tyler Hill, Johanna Case, Joseph Dutra, Greg Walters and Julia Claire. Our senior producer is Erica Morrison and our executive producer is Adriene Hill. Our theme music is by Colin Gilliard and Kashaka. 

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