Here’s how Senate Dems can legally obtain tape of Trump’s n-word comment on The Apprentice

31 May 2024

Being convicted of 34 felonies by a New York jury may not even be the most scandalous thing to happen to former President Donald Trump in the 2024 election. A tape apparently exists of him using a racial slur on his NBC game show, The Apprentice, and Senate Democrats may be able to get their hands on it in time for the election.

On Friday, Slate editor Jeremy Stahl wrote about Apprentice producer Bill Pruitt speaking publicly about a taped comment Trump made on the set of the show worrying about contestant Kwame Jackson winning the show, reportedly saying "would America buy a n— winning?" Pruitt noted that he could now acknowledge the tape's existence since a non-disclosure agreement (NDA) he signed has since expired.

That tape was in the possession of show creator Mark Burnett's production company, which has since been purchased by Amazon. And according to Stahl, Senate Democrats could use the power of the committees they chair to subpoena Amazon for that tape under the auspices of a decades-old law relating to the rigging of game shows.

Following a slew of game show rigging scandals in the 1950s, Congress amended the Federal Communications Act of 1934 to prevent future acts of tampering. Stahl argued that because Trump's comments about Jackson could be perceived as tampering with his game show, Congress could ask Amazon to turn over the tape to see if Trump's comments violated federal law.

And if Amazon refuses, the Senate Commerce Committee — which is chaired by Sen. Maria Cantwell (D-Washington) — could subpoena Amazon to compel the release of the tape to the committee. Additionally, the Federal Communications Commission (FCC) itself has the power to investigate any potential tampering of game shows and could also request the tape from Amazon.

And without even knowing the nature of the case itself, Sanford Williams, who is the deputy chief of staff to FCC chair Jessica Rosenworcel, said the FCC indeed has the power to investigate any potential fixing of outcomes.

"That is something we can definitely look at for game shows and reality TV shows as it pertains to them," Williams said, referencing the specific number of the statute in 47 U.S. Code § 509. "47509 talks about intellectual knowledge and skill."

Stahl observed that Trump himself has not been a "passive player" in doing everything he can to prevent the release of damning material that could negatively impact his political ambitions, pointing to his most recent felony convictions of suppressing hush money payments to adult film star and director Stormy Daniels. He then offered that Democrats should show similar zeal in pursuing materials Trump want to keep away from the public if they hope to prevail in the upcoming election.

"[T]he FCC can and should investigate this issue," he wrote. "And for all we know, Daniels’ story could have been the thing that tilted the balance of an election that was decided by less than 100,000 voters in the Rust Belt. As Daniels’ attorney, Keith Davidson, texted National Enquirer editor Dylan Howard as the votes were being counted and as it was becoming clear that Trump would win: 'What have we done?'”

"And for all we know, the tape surfacing—alongside whatever else was caught on camera during those Apprentice years—could be the thing that changes the outcome of the upcoming election," he added. "The least we can do is try."

Click here to read Stahl's article in full.

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