Will Paramount Settle With Trump?

0:12This is raw video footage from 60 Minutes, the longstanding news magazine show on CBS. Last fall, veteran correspondent Bill Whitaker sat down with Democratic presidential candidate Kamala Harris. You good? I'm good. All right. Well, Madam Vice President... Whitaker kicked the interview off with questions about the Middle East and pressed Harris on the Biden administration's relationship with Israel's prime minister. But it seems that Prime Minister Netanyahu is not listening. The Wall Street Journal said that he, that your administration has repeatedly been blindsided by Netanyahu. And in fact, he has rebuffed just about all of your administration's entreaties.

1:06Well, Bill, the work that we have done has resulted in a number of movements in that region by Israel that were very much prompted by or a result of many things, including our advocacy for what needs to happen in the region. And we're not going to stop doing that. We're not going to stop pursuing what is necessary for the United States to be clear about where we stand on the need for this war to end. This answer, and how it was edited, has become the center of a storm involving President Trump, claims of election interference, and questions about media independence. This storm is also threatening an$8 billion merger that CBS's parent company, Paramount Global, desperately wants to get done.

2:07Welcome to The Journal, our show about money, business, and power. I'm Kate Leinbaugh. It's Thursday, February 27th.

2:20Coming up on the show, Trump's fight against the news media runs headlong into a massive entertainment merger.

2:44Soon after 60 Minutes aired its interview with Harris, her opponent, Donald Trump, took to the stage at a campaign rally and asked his supporters a question. So you know what? If you want me to, I will sue them. Should I?

3:02Because they are among the most, see the media? They're among the most dishonest people that we have. They're the biggest... Trump did sue CBS for$10 billion. And our colleague Jessica Tunkel has been following the case. So Trump files this massive lawsuit. And, you know, frankly, at the time, I'm not sure everyone took it super seriously because they felt like it was grandstanding. But in the claim, what he says is that there was a promotion for the interview on Face the Nation. Face the Nation is another CBS show, and it aired a preview of the interview. And then when you actually saw the interview, it was much more, it was a cleaner answer.

3:49It was a more succinct answer. Here is Harris's answer as it aired on Face the Nation. But it seems that Prime Minister Netanyahu is not listening. Well, Bill, the work that we have done has resulted in a number of movements in that region by Israel that were very much prompted by or a result of many things, including our advocacy for what needs to happen in the region. And here's what aired on 60 Minutes. We are not going to stop pursuing what is necessary for the United States to be clear about where we stand on the need for this war to end. When you actually saw the interview on 60 Minutes, it was a much more succinct answer.

4:38And so Trump is saying this was deceitful. You did this to favor her campaign over mine. How did CBS respond? So CBS was pretty vehement. They said, you know, it's the same question. Same answer, different portions of the response. And this is a frivolous lawsuit. And like sort of stepping back in media generally, what is best practice when it comes to this kind of editing? I think the best practice is to make sure that whatever the promotion is, is in line with what the answer was on the interview. I want to clarify that 60 Minutes is unusual in that it is like an hour's worth of footage that they like cut down to 21 minutes.

5:29So there is an expectation there's going to be a lot of editing of that interview. But sources have told me that since this happened, they are going to be more rigid about making sure that it's exactly the same language that's used in promotions. And I would say that this is a tricky area in media, editing politicians. Yes, this is a complete minefield. It's damned if you do, damned if you don't, you know, because they do so much editing to get a longer interview down to just around 20 minutes. It's tricky.

6:06After Trump won the election, several companies that he sued announced settlements. In December, ABC said it would pay Trump$15 million to settle a defamation lawsuit. The case involved an inaccurate statement by anchor George Stephanopoulos about a sexual abuse case against Trump. In January, Metta settled a case over Trump's suspension on Instagram and Facebook, paying him$25 million. X also settled a similar case for$10 million. So since then, it felt like CBS was not publicly as vehement in its outrage over the lawsuit. and they've been going back and forth in court. Trump recently, a few weeks ago, amended his complaint to increase the amount to$20 billion.

6:58$20 billion? Yes. What have legal experts said are the chances that Trump's lawsuit would succeed in court? So it kind of depends who you talk to. I will say that First Amendment attorneys say this is completely frivolous and ridiculous. and that has no standing. I mean, you know, when I talk to sources close to Paramount, I think the concern is even if they were to win this ultimately, it could mean years in court battling the president of the United States. Could be hundreds of millions of dollars. And what would it mean for CBS News then? And if they choose to settle, What do legal experts say that would show?

7:49I think if they choose to settle, the concern is that all news outlets are sort of at the whims of the president of the United States. And if he feels like what is being said is unfair or not accurate, regardless of whether it is or not, they could risk litigation. So it does feel like we are entering this era of media versus the president. But in the case of CBS, there's this other layer. In the case of CBS, they have to get this merger done. This merger. CBS parent company Paramount is trying to get an$8 billion merger completed. But first, it needs approval from the Federal Communications Commission, which is now run by a Trump appointee.

8:49That's after the break.

9:02Paramount is a huge media conglomerate. It not only owns CBS, it also owns Showtime, Paramount Pictures, and its own streaming platform. And the company has been struggling for years. Long before the Harris interview aired, Paramount's owners had started merger talks with a production company called Skydance. The controlling shareholder Sherry Redstone did not want to sell. She had a lot of belief that the company could turn around until finally in comes David Ellison, who runs his own production company, which is much smaller than Paramount, by the way. But his father is Larry Ellison, who's a billionaire.

9:45He has this vision of taking tech and, you know, making Paramount a new media company. And he has billions of dollars to back it up. David Ellison and Skydance seemed like a perfect suitor for Paramount and Sherry Redstone. But talks dragged on for more than a year. And there were ups and there were downs. You know, the deal was canceled, then it was back on, then it was off, then it was on. And then you had other suitors coming in and saying they wanted to buy Paramount. I mean, it was very dramatic. You really didn't know until the very end if this deal was actually going to be announced.

10:25The deal was announced last summer. But to be finalized, it needed government approval, specifically the FCC. All my sources were telling me this is just going to fly through. Like, the election will happen and it will fly through because people at that point were thinking Trump was going to win and that the deal would happen. That is not what happened. What's holding up the deal at this moment? So that is not what has happened. And what's holding up the deal primarily is this concern around bias at CBS News. So the FCC has first said, we want to see the transcript of the interview with Kamala Harris.

11:07We want to see the raw footage and we want to review all of that. The FCC also reopened a third party complaint against CBS News about bias, which the Biden administration had tossed out. So the FCC has made it very clear that this is a focus for them. They are reviewing bias at CBS News as part of their review. And that is totally separate from the Trump lawsuit. On paper, that is totally separate. There are separate filings, a separate docket for the FCC review than from Donald Trump's personal lawsuit. So whether Paramount settles with Trump should not have any impact on the FCC review. Theoretically, it should not have any impact.

11:55If there is a settlement, it should not impact the FCC review. Is that unusual for the FCC, the Federal Communications Commission, to bring up the idea of bias as part of a merger review. I do not recall a time when you've seen the FCC look at this issue of bias. The FCC usually looks at the stations and like whether two companies, if you put them together, they own too many stations and that will be an issue. I don't recall a time where I've seen bias be this much of an issue with the FCC and a merger. — And what about people inside Paramount? How are they thinking about all of this? — We had heard that there were discussions internally at Paramount to settle the lawsuit.

12:49And that has caused a lot of controversy within Paramount, within CBS News, specifically within 60 Minutes, because you have journalists and executives at the company who do not want to settle, who think it's a terrible precedent. And you have a controlling shareholder, Sherry Redstone, who is starting to see that the only option to not be in litigation for the next several years is by settling this lawsuit. Since CBS and Paramount have been so vehement that this case is frivolous, if they do settle, could it be interpreted as a quid pro quo for approval for the merger? Well, that's the concern.

13:36The concern is if the settlement is viewed as a quid pro quo for getting the merger approved, that these executives could then be sued for bribing a public official. I reported a few weeks ago that one major concern among executives at Paramount is if Paramount settles this lawsuit, and then a few weeks later or whenever, the FCC and the other regulators approved this deal with Skydance, some state attorney general could file criminal charges for bribing a public official. I've heard people talk about jail time.

14:17A spokesperson for Paramount Global said, quote, This lawsuit is completely separate from and unrelated to the Skydance transaction and the FCC approval process. We will abide by the legal process to defend our case. And what has Skydance said? Skydance has not said anything publicly. Skydance does not own Paramount, so they really technically can't get involved in any of this. Would Skydance go ahead with the deal if the Trump lawsuit is still out there? So sources have told me that Skydance wants Paramount to get rid of this before they buy the company. They don't want to deal with this. And yesterday, there was an indication that a deal could be in the works.

15:08Trump told reporters that settlement talks are underway in his case against CBS. So we sued and we are in discussions of settlement. When you look at this, do you think it's more of a media story or a business story or a politics story? Everything is so intertwined. You know, I think it's all three of those things. It is a media story, obviously, because of the precedent it could set and because of the controversy within news organizations around the globe. People have very strong feelings about whether Paramount should settle or not. I think it's a business story because you have Paramount, which is in the middle of this merger with Skydance Media.

15:57And that merger in and of itself has been through many, many iterations and challenges. And then you have it as a politics story because of the Trump of it all, of course.

16:34by Joe Flint and Drew Fitzgerald. Thanks for listening. See you tomorrow.