A federal judge is expected to decide within weeks whether Donald Trump can become the first president to personally profit from selling early access to government information through his social media posts. At a Wednesday hearing, Department of Justice civil attorney Brantley Mayers argued there is no conflict in Trump charging up to $100,000 monthly for instant API access to Truth Social posts that often break news about his administration.
Trump is the largest stakeholder and majority owner of Trump Media & Technology Group, the parent company of Truth Social. News groups suing have argued that the API fees violate the First Amendment and the Presidential Records Act by creating tiers of access to government information in posts Trump does not technically own. They also contend the fees undermine the Fifth Amendment, which bars the government from charging unreasonable sums and granting preferential access to crucial information for arbitrary reasons.
Mayers compared Trump's posts, which have announced military strikes, ceasefires, tariffs and immigration policies, to Franklin D. Roosevelt's radio "fireside chats," calling the feed an unvarnished public service rather than a profit grab. Judge Paul Oetken interrupted him, asking whether Roosevelt charged money for his broadcasts. Mayers replied that similar "barriers to entry" existed, since many Americans in the 1930s and 1940s could not afford radios, just as some news groups cannot afford $60,000 to $100,000 for Truth Social's API.
The case centers on whether Trump could potentially make $1.2 million per subscriber annually by selling access to information that is not his property. The ruling could set a precedent for how a sitting president monetizes official communications.
Source: Ars Technica · Summarized by HeadlinesBriefing