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Speaker 1: Welcome to the Bloomberg Law Podcast. I'm June Grosso. Every

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Speaker 1: day we bring you insight and analysis into the most

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Speaker 1: important legal news of the day. You can find more

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Speaker 1: episodes of the Bloomberg Law Podcast on Apple Podcasts, SoundCloud,

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Speaker 1: and on Bloomberg dot com slash podcasts. The Senate voted

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Speaker 1: fifty two to forty seven, with three Republicans joining the

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Speaker 1: Democrats and Independence in favor of a resolution to preserve

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Speaker 1: net neutrality and eliminate the FCCS vote to gut Obama

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Speaker 1: era rules. Democratic Minority leader Chuck Schumer spoke about the

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Speaker 1: importance of net neutrality. People who use the Internet all

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Speaker 1: the time realize what this is all about, and that's

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Speaker 1: why there's been such overwhelming response. Millions of calls generated

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Speaker 1: by us. We don't get that on many issues, so

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Speaker 1: that clearly shows people care. Six million calls came to

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Speaker 1: the emails came to the FCC. Joining me as Matthew

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Speaker 1: ship Hell media and telecom litigation analysts for Bloomberg Intelligence, Matt,

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Speaker 1: why the vote for net neutrality now? Well, uh so,

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Speaker 1: so this is tied to the FCC's decision in December

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Speaker 1: of this year, and uh it's taken a while for

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Speaker 1: that to be processed, but now we're set for the

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Speaker 1: decision to take effect on on June eleven. And in

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Speaker 1: association with that, it also triggers a special timeline that

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Speaker 1: Democrats in the Senate used to get around the problem

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Speaker 1: that you normally need sixty votes to get something done

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Speaker 1: in the Senate. They used this special process called the

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Speaker 1: Congressional Review Act UH, to to allow them to vote

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Speaker 1: to undo that December vote by the FCC by only

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Speaker 1: fifty votes. And that's what we saw yesterday. Does this

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Speaker 1: stand a chance of passing in the House, It's going

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Speaker 1: to be very difficult. UH. So there are are this

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Speaker 1: is a very partisan issue. Despite the fact that that

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Speaker 1: Democrats were able to pick up three Republican votes in

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Speaker 1: the Senate yesterday and uh it would take two hundred

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Speaker 1: and eighteen members in the House to vote for it.

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Speaker 1: There are one hundred ninety three Democrats in the House,

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Speaker 1: so that means you have to pick up twenty five Republicans,

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Speaker 1: uh in order for this to go forward. Not impossible. Uh.

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Speaker 1: This is a uh, you know, a popular issue, UH

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Speaker 1: with with with many and you know it puts pressure

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Speaker 1: on Republicans for sure, But I think it's an uphill

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Speaker 1: battle for Democrats even to get a vote on this measure.

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Speaker 1: Paul Ryan is the Speaker of the House, has discretion

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Speaker 1: not to bring the thing for a vote at all,

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Speaker 1: and that's probably the most likely scenario that that it

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Speaker 1: stops there. In a speech before the vote, Schumer said,

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Speaker 1: see who votes for net neutrality and who votes against it?

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Speaker 1: Are the Democrats teemed this up as a campaign issue?

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Speaker 1: I think that's exactly what they're doing. And this is

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Speaker 1: really what what I sort of view is sort of

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Speaker 1: playing the long game here on net neutral al. I

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Speaker 1: think I think most of them would likely tell you

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Speaker 1: that that this this particular measure is a long shot.

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Speaker 1: But by playing this card, uh, it becomes an issue

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Speaker 1: in elections coming forward, and it sets you up for

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Speaker 1: down the road, you know, inlet maybe the Senate looks

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Speaker 1: a little bit different, Maybe the president, uh presidency looks different,

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Speaker 1: the FCC looks different. This is all part of that

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Speaker 1: long game strategy and politics are a big part of that.

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Speaker 1: Let's turn now to another battle, this time in the

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Speaker 1: courtroom and the boardroom. Some of the Redstones family has

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Speaker 1: fended off a challenge to their control of CBS by

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Speaker 1: CEO Leslie Moonvez and you correctly predicted the outcome of

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Speaker 1: this preliminary court fight a few days ago. Tell us

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Speaker 1: what happened in the battle for control. Sure, so, so,

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Speaker 1: what CBS decided this weekend in sort of a dramatic

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Speaker 1: dramatic form, was that two things. One that it didn't

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Speaker 1: no longer thought that this idea of a merger Viacom

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Speaker 1: was a good idea. And two, it was going to

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Speaker 1: move forward to dilute the voting interest of its controlling shareholder,

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Speaker 1: Sherry Redstone, who who runs National Amusements and what today

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Speaker 1: was about. CBS at the same time ran into court

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Speaker 1: and said, Judge, here's our plan. We're gonna do this.

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Speaker 1: Don't let Sherry Redstone in the meantime do anything to

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Speaker 1: get in the way of it. Enter a temporary restraining

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Speaker 1: order to prevent her from from interfering with this plan

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Speaker 1: we have going forward. What the court said today is no,

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Speaker 1: I'm not going to do that. She's the controlling shareholder.

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Speaker 1: She has the right to act first if she wants

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Speaker 1: to to protect her interest. You can litigate about it

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Speaker 1: later if you'd like to. Does this and some of

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Speaker 1: the other actions that Viacom has initiated mean that Moonvez

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Speaker 1: has gambled and lost or is it too soon to tell?

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Speaker 1: I think I think this is early in the game.

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Speaker 1: I think this is this is really uh, the first

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Speaker 1: stage in in this legal battle. It's really more about posturing,

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Speaker 1: positioning the parties about who can move first before the

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Speaker 1: judge really digs in on can CBS dilute its controlling

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Speaker 1: shareholder's interest. That's still to be litigated, I think down

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Speaker 1: the road. So this was really this is a loss

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Speaker 1: for CBS, to be sure, because because now Sherry Redstone

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Speaker 1: and National Amusement has the power to take any action

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Speaker 1: they need to to protect themselves. But it's not the

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Speaker 1: end by any means. I think we're going to see

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Speaker 1: an extended legal battle on this, and and most of

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Speaker 1: it hasn't been briefed at all yet. And Matt didn't

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Speaker 1: the red Stones force CBS directors to change the company's

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Speaker 1: by laws and require that of the board approve any

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Speaker 1: delusion proposal. Yes, So, so that was exactly and and

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Speaker 1: that was sort of some drama. I was at the

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Speaker 1: hearing yesterday in Wilmington's and just a couple of hours

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Speaker 1: before the hearing was ready to ready to happen. We

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Speaker 1: we received word that that that Redstone had made this

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Speaker 1: change in the by laws, and and so it kind

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Speaker 1: of shaped the whole thing. Kind of shows how fast

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Speaker 1: moving this whole process can be. And and and that's

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Speaker 1: the power that Cherry Redstone won today, the ability to

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Speaker 1: make those sorts of changes on the fly that protect

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Speaker 1: her interest. The court today said, you know, that's okay. She,

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Speaker 1: you know, the controlling shareholder can make those decisions. Maybe

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Speaker 1: we fight about them later, but for now she gets

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Speaker 1: to make them. And and so now CBS has a

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Speaker 1: board meeting set for five pm today designed to dilute

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Speaker 1: uh their interest as a controlling shareholder. But because of

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Speaker 1: that by law, it's not clear that they're going to

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Speaker 1: be able to actually win that vote. I think all

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Speaker 1: of that, again is going to lead to more legal fights.

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Speaker 1: Fascinating about thirty seconds here, Matt, Does this increase the

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Speaker 1: likelihood that CBS will have to merge with Viacom? I?

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Speaker 1: I don't. I think it's too early to say anything

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Speaker 1: like that. So, certainly, Sherry Redstone has been a big

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Speaker 1: advocate for the Viacom deal. Certain only this gives her

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Speaker 1: more control and more power if she wants to change

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Speaker 1: the makeup of the board, she can, but it's too

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Speaker 1: early to say she's in a position to do that.

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Speaker 1: We will keep changing every minute. Thanks so much, Matt.

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Speaker 1: That's Matthew Schettenhilm, Media and telecom litigation analyst for Boomberg Intelligence.

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Speaker 1: Today marks one year since Special Counsel Robert Mueller was

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Speaker 1: appointed to investigate Russian meddling in the twenty sixteen election.

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Speaker 1: The President marked the anniversary with a sarcastic tweet, calling

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Speaker 1: it the greatest witch hunt in American history. The chairman,

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Speaker 1: Republican Senator Chuck grass Lee, spoke about the far reaching

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Speaker 1: implications of the Russia investigation. These are issues with implications

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Speaker 1: beyond Muller's investigation or even the Trump administration. They would

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Speaker 1: affect every future administration, both Democratic and Republican. That's Chuck

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Speaker 1: grass Lee, the chairman of the Senate uh Judicial Committee,

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Speaker 1: and that's the committee that released more than twenty pages

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Speaker 1: of transcripts and other documents from the investigation. Joining me,

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Speaker 1: as William Banks, professor at Syracuse University Law School, built

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Speaker 1: there were a lot of revelations yesterday. Let's start with

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Speaker 1: the transcripts of the now infamous meeting in June at

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Speaker 1: Trump Tower where Donald Trump Jr. And other top officials

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Speaker 1: from the Trump campaign met with a Russian lawyer. Did

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Speaker 1: the transcripts disclose anything new to you? Not very much June.

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Speaker 1: They confirm more or less what we know. Of course,

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Speaker 1: it's important that they were released by the Senate Intelligence Committee, which,

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Speaker 1: unlike the House Intelligence Committee UH endorsed set of conclusions

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Speaker 1: that were harmonious with Intelligence communities investigation, which revealed, yes,

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Speaker 1: the Russians did attempt to influence the election, and they

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Speaker 1: attempted to do so in favor of the candidate Donald Trump.

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Speaker 1: They hoped that he would win. That's very important thing.

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Speaker 1: The June meeting, you know, we we we know that

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Speaker 1: not much came of it, that the information that that

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Speaker 1: was suggested that might be available dirt on Hillary Clinton

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Speaker 1: didn't amount to much that Don Jr. But we also

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Speaker 1: know that, unlike the interviews with with him and several

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Speaker 1: other participants in the meeting, they don't have transcript of

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Speaker 1: interviews with Paul Manafort, which could have been very enlightening

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Speaker 1: had they had his comments on the record. UH and

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Speaker 1: and a loot missed telephone numbers, telephone numbers that were

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Speaker 1: private numbers that Don Trump Junior could not identified. Donald

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Speaker 1: Trump Junior released a statement saying his answers were candid

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Speaker 1: to all the questions and that of course does not

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Speaker 1: include the questions he evaded and those that he didn't recall,

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Speaker 1: including a block number he called from his iPhone after

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Speaker 1: the initial conversation with a Russian oligarch son. And there

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Speaker 1: are suspicions that was a blocked number of his father's.

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Speaker 1: So we don't know a lot about additional things, for

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Speaker 1: example the block number, But Muller knows about those things.

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Speaker 1: I'm sure he's gotten the phone records for that block number.

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Speaker 1: So could there be more to this than we were

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Speaker 1: than we're seeing. They certainly could. So you know, this

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Speaker 1: is one year now of the Mueller investigation. There's been

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Speaker 1: several pieces of reporting the year, and as when as

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Speaker 1: this we're going to end, I think it's you and

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Speaker 1: I have talked before. I think the Muller team is

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Speaker 1: moving along as prosebutorial investigations do. They're moving along with

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Speaker 1: all deliberate speed. They're being very careful, they're not leaving

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Speaker 1: any stone unturned, and I think having what nine team

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Speaker 1: indictments and three companies charged as well and five guilty

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Speaker 1: pleas in the years as a pretty impressive out of accomplishments.

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Speaker 1: So I think on the details of the Russia h impact,

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Speaker 1: I think there's more to learn, uh. And on the

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Speaker 1: details of potential collusion or cooperation with the Trump campaign,

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Speaker 1: there's also more to learn. So one thing that struck

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Speaker 1: me is that Donald Trump Jr. Has said that his

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Speaker 1: father didn't know, he didn't tell him anything about this

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Speaker 1: meeting with the Russians. But his father, he admitted, may

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Speaker 1: have helped draft the statement that he put out to

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Speaker 1: the press after the meeting became public about that meeting.

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Speaker 1: So it seems, you know, counterintuitive to think that Trump

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Speaker 1: is writing a statement about a meeting that he knows

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Speaker 1: nothing about. It is counterintuitive. And it looks like maybe

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Speaker 1: Donald Trump didn't say that he father did not know,

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Speaker 1: but he may have simply said that he didn't tell

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Speaker 1: him about it or didn't ask him about it. That

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Speaker 1: doesn't mean even if Don Jr. Was being truthful, it

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Speaker 1: doesn't mean that the president or the candidate wasn't aware

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Speaker 1: of the meeting from some other source. There was there

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Speaker 1: was so much information yesterday a whistleblower who reportedly leaked

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Speaker 1: the financial records of President Donald Trump's personal lawyer, Michael Cohen,

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Speaker 1: told The New Yorker that he did so after discovering

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Speaker 1: that two files has disappeared from a government database. What's

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Speaker 1: your reaction to that? Yeah, it's bizarre. Another bizarre, another

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Speaker 1: bizarre thing that you know, certainly this lawyer is is

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Speaker 1: doing some grandstanding himself on behalf of his client, and

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Speaker 1: he's pretty ostentatious. It's hard to know whether there's anything

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Speaker 1: to that story. So far, he's done pretty well and

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Speaker 1: being able to back up his claims. The Cohen situation

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Speaker 1: is looking pretty dire from Mr Cohen and well yet

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Speaker 1: to yet to learn whether it's also going to implicate

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Speaker 1: President Trump. What is the impact of the separate by

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Speaker 1: part us in statement from the Senate Committee about the

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Speaker 1: fact that they back up that the the Russians did

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Speaker 1: interfere in the election or try to interfere in the election.

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Speaker 1: Does that have any weight? It does? I think it's important.

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Speaker 1: It's a it's a counterweight, heavy counterweight to the to

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Speaker 1: the very partisan House Intelligence Committee investigation and Chairman newness Uh.

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Speaker 1: Several Republicans on this committee, including the chairman came out

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Speaker 1: strongly in support of an independent investigation that the Intelligence

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Speaker 1: Committee has been undertaking since the middle of six even

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Speaker 1: before Candidate Trump was sworn in as president. We will

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Speaker 1: have to leave it there because we could go on

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Speaker 1: for hours and hours about this. That's William Banks, professor

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Speaker 1: at Syracuse University Law School. Thanks for listening to the

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Speaker 1: Bloomberg Law Podcast. You can subscribe and listen to the

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Speaker 1: show on Apple Podcasts, SoundCloud, and on Bloomberg dot COM's

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Speaker 1: Lash podcast. I'm June Brosso. This is Bloomberg. M HM.