Tag: Deadline News

In the latest twist in the Jimmy Kimmel–James Talarico interview drama, the White House is now accusing the ABC late-night host and his network of spinning a fake tale of federal strong-arming.

Put another way, Team Trump insists there was never pressure put on Kimmel and ABC from the Trump administration to scuttle an interview with the poll-topping Texas Democrat and Senate hopeful.

“Jimmy Kimmel is play-acting — as he often does — to create a false narrative about this administration’s policies,” Assistant White House Press Secretary Davis Ingle said Thursday.

“Chairman Carr has not threatened him regarding interviewing James Talarico, or any other candidate.,” Ingle added of Carr, the FCC chairman, just before the second night of Donald Trump‘s GOP midterm convention aka pageant reconvenes. “Any media outlet blindly amplifying Kimmel’s egocentric delusion should insist on proof. Of which they will find none.”

ABC parent company Disney had no comment on the response from the White House when contacted by Deadline. The lack of response is unsurprising given that the company is the midst of an escalating legal and regulatory First Amendment clash with the FCC over station license renewals and charges of political thumbs on the scale.

Wednesday’s Jimmy Kimmel Live! monologue had some distinct déjà vu of what Stephen Colbert went through on CBS last year with Talarico, who is looking to flip the Lone Star state for the Dems for the first time in decades. The L.A.-based Kimmel revealed that an on-air sit-down with Talarico would not air on ABC tonight.

After naming off various political candidates including Trump, who Kimmel has talked to over the years, the Live! host put federal regulatory enforcement under the spotlight. “[The] FCC has threatened me, threatened our show, threatened our network, ABC, our affiliates, our local stations, based on simple, traditional editorial decisions,” Kimmel said. “Guest bookings, it would seem, they don’t like.”

“And so, out of consideration for our local stations, especially our ABC affiliates in Texas who would have to deal with this nonsense, my interview tomorrow with James Talarico will not air on television,” he stated. “It will be posted on YouTube instead.”

Interestingly, Talarico, who is in Los Angeles today and Friday for a series of deep-pocket Hollywood fundraisers, was not officially listed as a guest on Kimmel before the host made his announcement. In a separate interview with MS NOW’s Symone Sanders Townsend today on The Weeknight, Talarico called the Kimmel situation the “most dangerous form of cancel culture.” With the knowledge that much of the consumption of late-night shows actually happens online anyway, the candidate went on to say: “I’m still hopeful that we can have this interview on the air. So we’ll see what happens tonight.”

Between Trump in Texas and Talarico in California, we certainly will.

At the same time, with the wounds still fresh from Disney’s sudden sidelining of Kimmel for almost a week a year ago over affiliate fallout from a remark he made about the tragic assassination of conservative activist Charlie Kirk, there is a tendency for some to get lost in the weeds of this. There is also a tendency for some to start shouting about equal-time rules without a read of the fine print.

The equal time rule requires broadcasters that feature political candidates offer comparable airtime to rivals — if it is requested. Daytime and late-night talks shows have long operated under the assumption that they fell under an exemption for news and news interview programming. But in January, Carr issued guidance suggesting that such talk shows may not be free from the rule.

The equal time rule also is often misunderstood. It applies to political candidates in a certain cycle. So, for instance, Ted Cruz’s appearance on The View this week makes no difference because he’s not up for reelection this midterm.

Carr has argued that nothing is preventing late-night or daytime talk shows from featuring a political candidate as a guest. They just have to be prepared to offer time to rivals as well.

As ABC pushes back on Carr’s investigation of The View, the network’s argument is one of selective enforcement as the FCC chairman has not singled out other broadcasters, like conservative talk radio. The network has also pointed to a 2002 letter from the FCC confirming the show’s exemption from the equal time rule. The network also has characterized the equal time rule as unworkable, given that its stations may be on the hook not just for major party candidates but also third-party rivals.

Again, let’s see what happens tonight.

Worth noting that when the now axed Colbert’s interview with Talarico was shifted over to YouTube, it got a huge number of views and the candidate raised more than $2.5 million in just over 24 hours. That might be history worth repeating itself for the Texas Democrat, false narrative or not.

In the latest twist in the Jimmy Kimmel–James Talarico interview drama, the White House is now accusing the ABC late-night host and his network of spinning a fake tale of federal strong-arming.

Put another way, Team Trump insists there was never pressure put on Kimmel and ABC from the Trump administration to scuttle an interview with the poll-topping Texas Democrat and Senate hopeful.

“Jimmy Kimmel is play-acting — as he often does — to create a false narrative about this administration’s policies,” Assistant White House Press Secretary Davis Ingle said Thursday.

“Chairman Carr has not threatened him regarding interviewing James Talarico, or any other candidate.,” Ingle added of Carr, the FCC chairman, just before the second night of Donald Trump‘s GOP midterm convention aka pageant reconvenes. “Any media outlet blindly amplifying Kimmel’s egocentric delusion should insist on proof. Of which they will find none.”

ABC parent company Disney had no comment on the response from the White House when contacted by Deadline. The lack of response is unsurprising given that the company is the midst of an escalating legal and regulatory First Amendment clash with the FCC over station license renewals and charges of political thumbs on the scale.

Wednesday’s Jimmy Kimmel Live! monologue had some distinct déjà vu of what Stephen Colbert went through on CBS last year with Talarico, who is looking to flip the Lone Star state for the Dems for the first time in decades. The L.A.-based Kimmel revealed that an on-air sit-down with Talarico would not air on ABC tonight.

After naming off various political candidates including Trump, who Kimmel has talked to over the years, the Live! host put federal regulatory enforcement under the spotlight. “[The] FCC has threatened me, threatened our show, threatened our network, ABC, our affiliates, our local stations, based on simple, traditional editorial decisions,” Kimmel said. “Guest bookings, it would seem, they don’t like.”

“And so, out of consideration for our local stations, especially our ABC affiliates in Texas who would have to deal with this nonsense, my interview tomorrow with James Talarico will not air on television,” he stated. “It will be posted on YouTube instead.”

Interestingly, Talarico, who is in Los Angeles today and Friday for a series of deep-pocket Hollywood fundraisers, was not officially listed as a guest on Kimmel before the host made his announcement. In a separate interview with MS NOW’s Symone Sanders Townsend today on The Weeknight, Talarico called the Kimmel situation the “most dangerous form of cancel culture.” With the knowledge that much of the consumption of late-night shows actually happens online anyway, the candidate went on to say: “I’m still hopeful that we can have this interview on the air. So we’ll see what happens tonight.”

Between Trump in Texas and Talarico in California, we certainly will.

At the same time, with the wounds still fresh from Disney’s sudden sidelining of Kimmel for almost a week a year ago over affiliate fallout from a remark he made about the tragic assassination of conservative activist Charlie Kirk, there is a tendency for some to get lost in the weeds of this. There is also a tendency for some to start shouting about equal-time rules without a read of the fine print.

The equal time rule requires broadcasters that feature political candidates offer comparable airtime to rivals — if it is requested. Daytime and late-night talks shows have long operated under the assumption that they fell under an exemption for news and news interview programming. But in January, Carr issued guidance suggesting that such talk shows may not be free from the rule.

The equal time rule also is often misunderstood. It applies to political candidates in a certain cycle. So, for instance, Ted Cruz’s appearance on The View this week makes no difference because he’s not up for reelection this midterm.

Carr has argued that nothing is preventing late-night or daytime talk shows from featuring a political candidate as a guest. They just have to be prepared to offer time to rivals as well.

As ABC pushes back on Carr’s investigation of The View, the network’s argument is one of selective enforcement as the FCC chairman has not singled out other broadcasters, like conservative talk radio. The network has also pointed to a 2002 letter from the FCC confirming the show’s exemption from the equal time rule. The network also has characterized the equal time rule as unworkable, given that its stations may be on the hook not just for major party candidates but also third-party rivals.

Again, let’s see what happens tonight.

Worth noting that when the now axed Colbert’s interview with Talarico was shifted over to YouTube, it got a huge number of views and the candidate raised more than $2.5 million in just over 24 hours. That might be history worth repeating itself for the Texas Democrat, false narrative or not.

Jimmy Kimmel‘s interview with James Talarico was posted to YouTube on Thursday evening rather than the late-night host’s ABC broadcast amid concerns over an FCC enforcement action.

“Why are they so scared of you?” Kimmel asked Talarico at the outset of the 20 minute interview, noting that Stephen Colbert also posted a sit down with the Texas U.S. Senate candidate in February over concerns it would invoke the the rule.

“They are worried that we’re going to win this race in Texas,” Talarico said. “But we are the underdogs until the last vote is counted.”

For decades, daytime and late night TV talk shows have operated on the assumption that they were exempt from the FCC’s equal time rule, which requires broadcasters who feature candidates to provide comparable time to their rivals, if it is requested.

But in January, the FCC under chairman Brendan Carr, appointed by Donald Trump, issued guidance to broadcasters that TV talk shows may not be exempt, a move that critics saw as a regulatory effort to crackdown on daytime and late-night hosts the president does not like. Weeks later, the FCC started an investigation of The View after it featured Talarico as a guest. The equal time rule includes an exemption for news coverage and news interviews.

ABC has pushed back against the FCC’s actions, releasing a 2002 letter from the FCC affirming that The View was exempt. The network also has argued that the FCC is selectively enforcing the rule, as its January guidance did not address talk radio, where conservative hosts routinely feature political candidates, including Talarico’s Republican opponent, Ken Paxton.

Kimmel opened his interview by noting that, until recently, the FCC has long recognized that late-night talk shows have been exempt, pointing to Donald Trump’s guest spots.

“When he was running, he was on the show two times, but now I guess he doesn’t like me anymore, or the First Amendment, and so the FCC has threatened me or threaten my show, our network, even our local ABC stations, because they want to make our editorial decisions for us, which of course we cannot accept,” Kimmel said. “And so tonight we’re bypassing the public airwaves and hosting this YouTube interview on YouTube, even though our government would clearly prefer that we not do it at all.” The FCC does not regulate streaming platforms.

In a statement earlier on Thursday, a White House spokesman claimed that Kimmel was creating “a false narrative about this administration’s policies.

“Chairman Carr has not threatened him regarding interviewing James Talarico, or any other candidate,” a spokesperson said.

Carr has not commented, but previously said that the TV talk shows are free to feature political candidates, but they may be on the hook to offer time to their competitors. He also suggested that the Colbert interview was a publicity stunt designed to drive up fundraising for Talarico.

In his monologue on the Jimmy Kimmel Live TV broadcast, Kimmel challenged the White House’s statement. He told the audience that he would be interviewing Talarico but viewers would not see it. He called the threat of FCC action “yet another attack on free speech, something that is all too familiar for the show for us.” Kimmel also said that he would “love” to interview Paxton, but the rule would not just apply to Talarico’s GOP rival. “Our affiliates in Texas would have to give equal time to as many candidates as there are on the ballot. There’s about 10 candidates on the ballot,” Kimmel said. ABC’s legal team has argued that offering all candidates such time is untenable.

The interview was otherwise a pretty standard sitdown for Talarico, giving him the opportunity to repeat some of his campaign themes, including how his life has been shaped by religion and Jesus Christ.

It was also clear that Kimmel was a fan of Talarico, and he even ran a portion of one of his campaign ads.

He said, “I’ve been following you for a long time. I’ve been watching your videos. I think what you’re doing is great. I really do. … You hit on something that used to be on all of the bumper stickers. ‘What would Jesus do?’ I think Jesus has been co-opted by this MAGA enterprise in this way. It makes no sense when you really think about it. Would Jesus be throwing people into vans and separating them from their children? Would Jesus be taking kids off food stamps? … This is not the Jesus that I learned about growing up. And you bring it right back to the Bible, to the real teachings of Jesus, and it is it is very authentic.”

If the past is any guide, the Kimmel interview may ultimately draw more attention that Talarico would have gotten via a standard broadcast. His interview with Colbert has drawn 9.5 million views on YouTube, far more than the show’s average.

In the latest twist in the Jimmy Kimmel–James Talarico interview drama, the White House is now accusing the ABC late-night host and his network of spinning a fake tale of federal strong-arming.

Put another way, Team Trump insists there was never pressure put on Kimmel and ABC from the Trump administration to scuttle an interview with the poll-topping Texas Democrat and Senate hopeful.

“Jimmy Kimmel is play-acting — as he often does — to create a false narrative about this administration’s policies,” Assistant White House Press Secretary Davis Ingle said Thursday.

“Chairman Carr has not threatened him regarding interviewing James Talarico, or any other candidate.,” Ingle added of Carr, the FCC chairman, just before the second night of Donald Trump‘s GOP midterm convention aka pageant reconvenes. “Any media outlet blindly amplifying Kimmel’s egocentric delusion should insist on proof. Of which they will find none.”

ABC parent company Disney had no comment on the response from the White House when contacted by Deadline. The lack of response is unsurprising given that the company is the midst of an escalating legal and regulatory First Amendment clash with the FCC over station license renewals and charges of political thumbs on the scale.

Wednesday’s Jimmy Kimmel Live! monologue had some distinct déjà vu of what Stephen Colbert went through on CBS last year with Talarico, who is looking to flip the Lone Star state for the Dems for the first time in decades. The L.A.-based Kimmel revealed that an on-air sit-down with Talarico would not air on ABC tonight.

After naming off various political candidates including Trump, who Kimmel has talked to over the years, the Live! host put federal regulatory enforcement under the spotlight. “[The] FCC has threatened me, threatened our show, threatened our network, ABC, our affiliates, our local stations, based on simple, traditional editorial decisions,” Kimmel said. “Guest bookings, it would seem, they don’t like.”

“And so, out of consideration for our local stations, especially our ABC affiliates in Texas who would have to deal with this nonsense, my interview tomorrow with James Talarico will not air on television,” he stated. “It will be posted on YouTube instead.”

Interestingly, Talarico, who is in Los Angeles today and Friday for a series of deep-pocket Hollywood fundraisers, was not officially listed as a guest on Kimmel before the host made his announcement. In a separate interview with MS NOW’s Symone Sanders Townsend today on The Weeknight, Talarico called the Kimmel situation the “most dangerous form of cancel culture.” With the knowledge that much of the consumption of late-night shows actually happens online anyway, the candidate went on to say: “I’m still hopeful that we can have this interview on the air. So we’ll see what happens tonight.”

Between Trump in Texas and Talarico in California, we certainly will.

At the same time, with the wounds still fresh from Disney’s sudden sidelining of Kimmel for almost a week a year ago over affiliate fallout from a remark he made about the tragic assassination of conservative activist Charlie Kirk, there is a tendency for some to get lost in the weeds of this. There is also a tendency for some to start shouting about equal-time rules without a read of the fine print.

The equal time rule requires broadcasters that feature political candidates offer comparable airtime to rivals — if it is requested. Daytime and late-night talks shows have long operated under the assumption that they fell under an exemption for news and news interview programming. But in January, Carr issued guidance suggesting that such talk shows may not be free from the rule.

The equal time rule also is often misunderstood. It applies to political candidates in a certain cycle. So, for instance, Ted Cruz’s appearance on The View this week makes no difference because he’s not up for reelection this midterm.

Carr has argued that nothing is preventing late-night or daytime talk shows from featuring a political candidate as a guest. They just have to be prepared to offer time to rivals as well.

As ABC pushes back on Carr’s investigation of The View, the network’s argument is one of selective enforcement as the FCC chairman has not singled out other broadcasters, like conservative talk radio. The network has also pointed to a 2002 letter from the FCC confirming the show’s exemption from the equal time rule. The network also has characterized the equal time rule as unworkable, given that its stations may be on the hook not just for major party candidates but also third-party rivals.

Again, let’s see what happens tonight.

Worth noting that when the now axed Colbert’s interview with Talarico was shifted over to YouTube, it got a huge number of views and the candidate raised more than $2.5 million in just over 24 hours. That might be history worth repeating itself for the Texas Democrat, false narrative or not.

Janelle Rodriguez, who has been a key figure in building streaming platform NBC News Now and also has overseen NBC Nightly News and breaking news and specials, is departing the network.

Rodriguez, who has served as executive vice president of programming, wrote in a memo to staffers pn Thursday, “I’ve spent a long time thinking about what comes next, and I’ve decided to leave now to pursue it. It’s the right moment.” She did not go into details of her next move. She has been with the network for 12 years.

Rodriguez also oversaw the anchor transition of NBC Nightly News from Lester Holt to Tom Llamas. The network has noted thta it has narrowed the ratings gap with ABC News’ World News Tonight and has won the 25-54 demo on certain weeks.

Rebecca Blumenstein, NBC News president, editorial, said in a memo to staffers that Catherine Kim would become executive vice president, editorial and content, and expand her duties to include NBC News Now and specials, adding to oversight over digital and newsgathering. Kim will continue to lead digital publishing, digital docs, social, the network’s Here’s the Scoop team and Decision Desk, as well as work in partnership with exec VP David Verdi leading bureaus and newsgathering.

Matt Carluccio will get added duties overseeing editorial units, including business, health, investigations and climate, and will continue to lead editorial initiatives like Common Ground and Business in America, as well as the weekend editions of Today. He will report to Blumenstein and Libby Leist, the executive vice president of Today and lifestyle.

In addition, Matt Frucci, the executive producer of NBC Nightly News, will report to Blumenstein.

Blumenstein wrote in a memo that the changes “will build on the significant progress we’ve made over the past year bringing NBC News closer together — connecting the strength of our coverage, talent and teams across broadcast, streaming and digital.”

She credited Rodriguez for playing a central role in building NBC News Now into “the leading streaming news service it is today and helping lead NBC Nightly News, Specials and some of our most significant coverage.”

In the latest twist in the Jimmy Kimmel and James Talarico interview drama, the White House is now accusing the late night host and his network of spinning a fake tale of federal strong-arming.

Put another way, Team Trump insists there was never any pressure on Kimmel and ABC from the MAGA administration to scuttle an interview with the poll topping Texas Democrat and Senate hopeful.

“Jimmy Kimmel is play-acting—as he often does—to create a false narrative about this administration’s policies,” Assistant Press Secretary Davis Ingle said Thursday.

“Chairman Carr has not threatened him regarding interviewing James Talarico, or any other candidate.,’ the White House’s Ingle added of the Brendan Carr just as the second night of Donald Trump‘s mildly covered GOP midterm convention AKA pageant prepares to begin. “Any media outlet blindly amplifying Kimmel’s egocentric delusion should insist on proof. Of which they will find none.”

ABC parent company Disney had no comment on the response from the Executive Mansion when contacted by Deadline. The House of Mouse response is unsurprising given that they are the midst of an escalating legal and regulatory First Amendment clash with the FCC over station license renewals and charges of political thumbs on the scale.

Wednesdays’ Jimmy Kimmel Live! monologue had some distinct déjà vu of what Stephen Colbert went through on CBS last year with Talarico — with maybe a similar result. Last night the L.A.-based host revealed an on-air sit-down with Talarico would not be seen on the FCC fighting ABC tonight.

After naming off various political candidates including Trump, who Kimmel has talked to over the years, the Live! frontman put federal regulatory enforcement under the spotlight. Kimmel added: “FCC has threatened me, threatened our show, threatened our network, ABC, our affiliates, our local stations, based on simple, traditional editorial decisions. Guest bookings, it would seem, they don’t like.”

 “And so, out of consideration for our local stations, especially our ABC affiliates in Texas who would have to deal with this nonsense, my interview tomorrow with James Talarico will not air on television,” Kimmel stated “It will be posted on YouTube instead,’ he concluded of the chat with the man who might flip the Lone Star state for the Dems for the first time in decades.

Interestingly, Talarico, who is in LA today and Friday for a series of deep pocket Hollywood fundraisers, was not listed officially as a guest on Kimmel before the host made his announcement. In a separate interview with MS NOW’s Symone Sanders Townsend on The Weeknight today, Talarico called the Kimmel situation the “most dangerous form of cancel culture”. In the knowledge that much of the watching and consuming of late nighters actually happens online anyway, the candidate went on to say:  “I’m still hopeful that we can have this interview on the air. So we’ll see what happens tonight.”

Between Trump in Texas and Talarico in California, we certainly will.

At the same time, with the wounds still fresh from Disney’s sudden sidelining of Kimmel for almost a week a year ago over affiliate fallout from a remark he made about the tragic assassination of conservative activist Charlie Kirk, there is a tendency for some to get lost in the weeds of this. There is also a tendency for some to start shouting about equal time rules without a read of the fine print.

The equal time rule requires broadcasters that feature political candidates offer comparable airtime to rivals — if it is requested. Daytime and late-night talks shows have long operated under the assumption that they fell under an exemption for news and news interview programming. But in January, Carr issued guidance suggesting that such talk shows may not be free from the rule.

The equal time rule also is often misunderstood. It applies to political candidates in a certain cycle. So, for instance Ted Cruz’s appearance on The View this week makes no difference because he’s not up for reelection this midterm.

The FCC’s Carr has argued that nothing is preventing late night or daytime talk shows from featuring a political candidate as a guest. They just have to be prepared to offer time to rivals as well.

As ABC pushes back on Carr’s investigation of The View, the network’s argument is one of selective enforcement, as the FCC chairman has not singled out other broadcasters, like conservative talk radio. And the network has pointed to a 2002 letter from the FCC confirming the show’s exemption from the equal time rule. The network also has characterized the equal time rule as unworkable, given that its stations may be on the hook not just for major party candidates, but third party rivals as well.

Again, let’s see what happens tonight.

Worth noting that when the now axed Colbert’s interview with Talarico was shifted over to YT, it got a huge number of views and the candidate raised over $2.5 million in just over 24 hours. That might be a history worth repeating itself for the Texas Democrat — false narrative or not.

UPDATED with statement from Iowa AG Brenna Bird: When all is said and done, the antitrust clash between Paramount Skydance and a dozen blue states may be best articulated by a certain Earth, Wind & Fire tune and remembering a day or two in September.

In a move that could be read as a lifeline or a death knell depending on your POV, the Supreme Court just told California Attorney General Rob Bonta and 11 of his colleagues that they have two weeks to respond to a challenge by Iowa and Montana to their efforts to kneecap the $111 billion ParaBros merger.

“Upon consideration of plaintiffs’ motion for expedited consideration, it is hereby ordered that defendants are allowed until September 25, 2026, to file responses to the motion for leave to file a bill of complaint,” the SCOTUS said in an order Wednesday.

While the edict doesn’t mean the conservative High Court is taking up the red states’ request for Motion For Leave to File a Bill of Complaint, it doesn’t mean they’re not either. Today’s order could suggest the Supreme Court is considering Iowa and Montana’s request for “expedited consideration” in the partisan matter. Still, even if the red states get their way if might be months before any hearing in DC — time that will surely deepen and harden already Mariana Trench-deep animosity between the Melrose lot-based Paramount and the various state capitols.

Also, the September 25 deadline puts the coalition of Arizona, California, Colorado, Connecticut, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Washington in a bit of a bottleneck. The SCOTUS deadline is one day after the dozen blue states are set to argue against the David Ellison-owned Para’s desire for a $1.88 billion bond in front of a federal judge in Oakland. It also comes just a few days before a $7 million a day ticking fee to Warner Bros Discovery shareholders kicks in for Team Ellison. That ticking fee, which is the basis of Paramount’s protest of “extraordinary losses” out of the court case and its March 2, 2027 trial start date, adds up to over $635 million a quarter — so do the math.

Waving off MAGA-chummy Para’s leaked threats of leaving California for a kinder red state and more as “blackmail,” Golden State AG  Bonta, in an August 10 guest column for Deadline, called the long anticipated July 13 filing against Paramount and WBD “a straight up antitrust enforcement case. One that is very cut and dry.” David Ellison and crew disagree, pointing to midterms real politick and CNN ownership as the true cause of the move to stymie a deal that has been approved by “good friend” Donald Trump‘s DOJ, the UK, the EU, Canada, and many more.

In her promise to take the matter to the Supreme Court, Iowa AG Brenna Bird, while seeing no sin in the DOJ white glove sign-off on the merger earlier this year, condemned Bonta and the other 11 AGs on August 25 as “more hostile to this pro-competition merger than Europe and China.”

“Attorney General Bird sued California because California is trying to raise Iowans’ costs,” Bird’s office said in a statement Tuesday to Deadline. “Today’s order for California to respond quickly shows the United States Supreme Court is taking our request seriously. We look forward to California trying to justify why it is so committed to raising prices for streaming and entertainment for Americans across the country.”

Bonta’s staff at the California Department of Justice have not responded to Deadline’s request for comment on the order by the John Roberts-led SCOTUS. Paramount reps also were as quiet as church mice on what could be a defining moment in this big stakes, big egos battle.

Or, to put it in a dance move mode, with a bit of tweak: “Do you remember/the twenty-fifth night of September? ..how the stars stole the night away?”

Among many D.C. lobbyists, when the bet is on whether a piece of legislation will pass Congress or not, the rule of thumb always is to take the latter. Yet, a long-desired federal film and television tax incentive that’s suddenly coming to life with the recent backing of Donald Trump could prove the exception. Maybe.

Lawmakers on both sides of the aisle are drafting legislation, with current plans for a 20% incentive and an additional 5% to 10% for rural areas or spread across several states. A bill could be introduced this month, with some announcement on the status expected when Congress returns next week, and the details are not set in stone.

“This is the best opportunity now we’ve had to get this done in really decades,” Sen. Adam Schiff (D-CA) said on CNN this week. On Tuesday, Schiff complimented talks among the White House, House members and some of his fellow Senators, but cautioned a deal is not yet done. “Negotiations are ongoing,” Schiff, who Trump has long attacked personally and politically, told Deadline.

So far, the anticipated multibillion-dollar federal incentive also has the advantage of backing by some members of the House Ways & Means Committee, which controls the purse strings, and that support is bipartisan. Among those said to be working on legislation are two members — Rep. Nathaniel Moran (R-TX) and Rep. Linda Sanchez (D-CA) — each from a state that has a lot of production in its past, present and hopefully future.

RELATED: Sacramento’s Mad Legislative Dash To Fix Tax Credits SNAFU, Get Post-Production Incentive Passed, Or Not

That said, even though proponents see the best prospects in years for passage of something, there still is a long way to go despite the backing of a fickle POTUS and the other good intentions.

Here are some of the hurdles ahead:

Timing

With so few days left in the legislative session before the midterms, there just isn’t time left to pass legislation before then, especially a bill that is still in the works. Advocates including studio representatives and union officials are expected to up their PR campaign in the coming weeks, particularly if there is a concrete proposal on the table.

RELATED: The Enemy Of My Enemy: Left And Right Search For Common Ground To Prop Up U.S. Entertainment Business

That leaves the question of when. The lame-duck session will likely focus on whether an agreement can be reached on an overall bill to fund the government, with an expiration of December 11. If the past is any guide, it’s much more likely that the bill would be attached to some end-of-year funding measure than as stand-alone legislation.

Midterm results

While a number of Republicans and Democrats are said to be on board with the legislation now, the question is what the sentiment will feel like after November 3. Would polarization only harden after a Democratic rout? What’s the appetite for bipartisan legislation if the election results are contested? That said, there is a strong desire to pass incentives legislation this year, rather than restart the process in the next Congress, when priorities could very well shift.

Cost

Supporters of state tax incentives long have held that the benefits greatly outweigh the costs, but there will be plenty of scrutiny on the bottom line. That typically comes via an analysis from the Congressional Budget Office, so expect to see a lobbying push to outline how the incentive will save or restore jobs.

RELATED: California Governor Frontrunner Xavier Becerra Wants To Save Hollywood, But Offers Few Specifics

A key factor will be whether the ultimate incentive figure is large enough to persuade producers to forgo the UK or Australia or even Canada and locate in the United States. One of the big criticisms of California’s early incentive program was that it was too little, too late, especially with states like New York and Georgia offering much heftier sums of money. Proponents will have to make the case that the incentive will have to be large enough to be meaningful.

Indications are that the bulk of what is being discussed behind closed doors is based in large part on the format and execution of California’s annual program, now at $750 million. A goal of any federal incentive is to snag relocating productions, series or films first made outside the country or content that had already been assured foreign credits but haven’t yet started production.

Trump

With a few words from his pal Jon Voight, the president threw his support behind an incentive earlier this month, undoubtedly generating some momentum for getting something passed. But he also could change his mind. It’s not out of the realm of possibility that something will trigger him — particularly entertainment-related — that would cause him to shift course.

RELATED Trump Backs Federal Film & TV Tax Incentive: “Hollywood Is A Complete & Total Disaster!”

Among proponents, there’s also a push to highlight support among Republicans, in part to emphasize that the legislation would not just benefit California and New York. That could counterweight the visibility of one of the champions of a federal incentive, California’s junior senator Schiff, one of the president’s biggest foes. He recently told CNN: “Just because it’s this president, if it’s a good idea, I’m not going to oppose it. In fact, I fully support this.”

Asked by Elex Michaelson whether his relationship with the president would make passage more difficult, Schiff said, Schiff noted that Trump has “mentioned bipartisan support, mentioned my support for it, so he didn’t deterred at all by it. He thought that that was a positive.”

The entertainment industry is an easy punching bag, especially on the right, and it’s not hard to see the incentive being cast as a bailout to an elite industry dominated by the left. The Wall Street Journal editorial page quickly weighed in last week, with the headline, “Handouts for Hollywood — Really? Adam Schiff and Donald Trump unite to subsidize the rich and famous.”

“A production tax credit would provide a short-term stimulus for one industry, which primarily supports Democrats,” the Journal‘s editorial team wrote.

RELATED: Illinois Boosts State Film Tax Credit For Environmentally Sustainable Productions

That’s why the support of lawmakers in red states such as Texas, Louisiana and Tennessee might be critical, even with Trump’s backing, as well as the emphasis on legislation as a jobs bill, benefiting an aspect of the manufacturing sector and across different parts of the country.

The Motion Picture Association knows the territory well, as it has sought to make issues like piracy and copyright relevant to the average public whose impressions of the entertainment industry tend toward red carpets and awards show glamour. “The use of the word ‘Hollywood’ has got to stop,” says one booster.