NPR argues White House pressured CPB to defund national radio system

WASHINGTON (CN) — A top NPR executive took the stand Tuesday to detail how the Trump administration has sought to punish the media outlet for its coverage by redirecting $36 million intended for the operation of a national radio satellite system to an ill-equipped public media group.

U.S. District Judge Randolph Moss scheduled the evidentiary hearing to figure out why the Corporation for Public Broadcasting, in an apparent effort to appease President Donald Trump in his campaign against NPR, reversed course two days after approving a five-year, multimillion-dollar contract with the media outlet.

Badri Munipalla, vice president of distribution at NPR, took the stand Tuesday to shed light on the Public Radio Satellite System and how the media company has operated it across the country.

Munipalla explained that the satellite system broadcasts NPR’s national programming, as well as international programming from outlets like the BBC, to the 246 member stations across the country.

Theodore Boutrous, of Gibson Dunn and representing NPR, argued Thursday that the corporation was “seeking to curry favor with the administration to save themselves” as Trump began eyeing the entity for massive funding cuts — ultimately an unsuccessful effort, as Congress passed a rescission bill in July, canceling $1.1 billion earmarked for the corporation.

He pointed to an April 2 CPB board meeting, where the members reportedly authorized the distribution of $36 million to NPR to continue operating the satellite system.

Then, following a meeting with an unidentified official from the Office of Management and Budget on April 3, where the official expressed “her intense dislike for NPR” but suggested it would “be a shame to throw the baby out with the bath water,” an apparent reference to the satellite system funding.

Boutrous argued that the corporation took the OMB official’s message to heart and ultimately decided at an April 4 board meeting to redirect NPR’s congressionally allocated funds to another entity, the Public Media Infrastructure, which could take over operating the radio satellite system. NPR has repeatedly argued that the entity is a “fiction” and still does not actually exist.

Munipalla testified that it would take the Public Media Infrastructure at least four years to create the infrastructure necessary to operate the satellite system, and if the system were to fail at any point before then, local stations across the country would have to deal with wide swaths of dead air normally filled by national programming.

The intent, Boutrous said, was to indirectly punish NPR for its apparent bias against Trump without any direct actions, a practice commonly referred to as “jawboning.”

Joseph Lipchitz, of Saul Ewing and representing the corporation, argued that NPR is not entitled to the $36 million and had misinterpreted the April 2 board decision as a final decision rather than an agreement to negotiate an amendment to its existing agreement.

He rejected Boutrous’ assertion that CPB was working on behalf of the Trump administration, reminding Moss that it had filed a lawsuit against the president in April to block the summary termination of three board members.

Moss, a Barack Obama appointee, seemed skeptical of Lipchitz’s description, noting it seemed reasonable to view the corporation as fighting against the administration in public while working in private to assist in its efforts against NPR.

He further compared the corporation’s decision to “sacrifice NPR to save itself” with Britain and France’s policy to appease Nazi Germany before the outbreak of World War II and refuse Poland’s calls for aid.

Kathy Merritt, CPB’s chief operating officer, said in a declaration that the board had paid close attention to the Department of Government Efficiency’s actions at independent agencies throughout Washington, such as the U.S. Institute for Peace, in March.

There, DOGE agents forcefully took over the building with assistance from FBI agents, Department of State security personnel and several Metropolitan Police officers, raising concerns of an armed standoff.

Merritt wrote that DOGE’s conduct worried her because a similar takeover would leave the corporation unable to distribute funds necessary for “interconnection,” the system via which local stations receive NPR programming via the Public Radio Satellite System.

NPR filed the suit on May 27, describing Trump’s May 1 executive order freezing federal funding to NPR and PBS as “textbook” First Amendment retaliation and viewpoint discrimination, as well as a clear violation of the separation of powers and spending clauses by disregarding Congress’ funding decisions in the Public Broadcasting Act of 1967.

Follow @Ryan_Knappy