EXCLUSIVE: Trump Admin Demands ABC Lawsuit Be Tossed and Claims Disney – Not Jimmy Kimmel – Triggered FCC License Probe
Donald Trump and Jimmy Kimmel are in the middle of ABC’s escalating FCC license fight.
Sept. 4 2026, Published 7:00 p.m. ET
The Trump administration is demanding ABC's lawsuit against the Federal Communications Commission be tossed, insisting Disney's allegedly "deficient" responses to a discrimination probe – not retaliation involving Jimmy Kimmel – triggered the agency's controversial license review, RadarOnline.com can reveal.
The FCC and Chairman Brendan Carr filed a 56-page motion on Thursday, September 3, asking a federal judge to dismiss the case for lack of subject-matter jurisdiction while also opposing ABC's request for preliminary relief.
Trump Admin Moves to Kill ABC's Case
The Trump administration wants ABC's lawsuit against the FCC thrown out.
According to court documents obtained by Radar, the dispute stems from an FCC Enforcement Bureau investigation into allegations of unlawful discrimination at The Walt Disney Company, including policies and practices involving ABC and eight ABC-owned television stations.
Government lawyers claimed Disney’s responses to FCC information requests were "deficient and nonresponsive" after roughly a year of investigation.
The filing states that the alleged lack of cooperation led the FCC's Media Bureau to order the eight stations on April 28 to apply for early renewal of their broadcast licenses.
ABC has accused the agency of retaliating against the company over constitutionally protected speech and has pointed to Carr's public statements about the network and its programming as evidence of alleged animus.
Jimmy Kimmel Pulled Into the FCC Fight
Kimmel's comments about Charlie Kirk have become part of ABC's retaliation battle with the FCC.
That fight has also dragged Kimmel into the case.
The FCC filing references Carr's public comments surrounding ABC affiliates pulling Jimmy Kimmel Live! following the comic's monologue about Charlie Kirk.
However, government lawyers argued those statements do not prove the FCC was using its regulatory authority to punish ABC over Kimmel or other programming.
The filing notes Carr has also publicly said the FCC "should not operate as a speech police" and argued he has consistently maintained that broadcasters across the industry – not just ABC – must comply with their public-interest obligations.
FCC Says Disney Failed to Cooperate
Disney's alleged lack of cooperation is now central to the FCC's defense.
The government said ABC faces a major hurdle in proving its First Amendment retaliation claim because it must establish a "causal link" showing retaliatory animus was the "but-for" reason the early-renewal proceeding occurred. Carr's own comments are now central to that defense.
According to the filing, Carr said the FCC had gone through "rounds and rounds of discovery" with Disney, adding: "Their responses were deficient."
He also claimed the timing of the early-renewal process was based on where the agency stood in its discovery process rather than ABC's speech.
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The administration says ABC cannot prove retaliation triggered the license review.
The FCC further accused Disney of "unilaterally" limiting its responses to investigative requests.
After Disney allegedly failed to fully answer two written demands, officials said early renewal gave the FCC access to public input and the possibility of a broader evidentiary hearing.
Government lawyers also accused the network of presenting a selective chronology that left out key stages of the discrimination investigation.
The administration is now asking the judge to deny ABC's request for preliminary relief and dismiss the lawsuit altogether.
