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The Daily

The Trial Mark Zuckerberg Couldn’t Prevent

Thu, 17 Apr 2025

Description

Testimonies began this week in one of the most aggressive cases the government has ever brought against a big tech company. Over the next eight weeks, the Federal Trade Commission will argue that Meta, the company founded by Mark Zuckerberg, should be broken up.Cecilia Kang, who covers technology and regulatory policy, discusses the strange and contentious relationship between Mr. Zuckerberg and President Trump that has led to this moment, and what the case means for them.Guest: Cecilia Kang, a reporter covering technology and regulatory policy for The New York Times.Background reading: At trial, Mark Zuckerberg defended buying Instagram and WhatsApp.Tech C.E.O.s have spent millions courting the president. It has yet to pay off.For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday. Photo: Tom Brenner for The New York Times Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.

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Transcription

Chapter 1: What is the nature of the case against Meta?

2.096 - 31.406 Rachel Abrams

From The New York Times, I'm Rachel Abrams. This is The Daily. Testimonies began this week in one of the most aggressive cases the government has ever brought against a big tech company. And over the next eight weeks, the Federal Trade Commission will argue that Meta, the company founded by Mark Zuckerberg in his college dorm room, should be broken up.

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32.489 - 62.238 Rachel Abrams

Today, my colleague Cecilia Kang on the strange and contentious relationship between Zuckerberg and President Trump that has led to this moment and what the case means for both of them. It's Thursday, April 17th. Cecilia, you are talking to me from your car, I believe. Why are you talking to me from your car?

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Chapter 2: How has Mark Zuckerberg testified in the trial?

62.598 - 90.586 Cecilia Kang

Yeah, I had to run to my car because I'm on a lunch break during an antitrust trial where the Federal Trade Commission is seeking to break up Meta. And this is a really high-stakes case for Meta and for Mark Zuckerberg because this case really threatens the company's entire existence. It's existential because... The government is trying to break up this company that he co-founded two decades ago.

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91.326 - 117.181 Cecilia Kang

And I have just spent the first half of this week watching Zuckerberg testify as the first and star witness in the government's case against Meta. And when I go back, he will finish up and then we will have the former chief operating officer, Sheryl Sandberg, testify. What's the first week been like? It's been pretty crazy. Long lines to get into the courtroom.

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117.401 - 138.072 Cecilia Kang

The courtroom itself is full of Meta's many, many lawyers, as well as the FTC's lawyers and media, and a lot of just people from the public. And it's interesting because up until really the minutes before the trial began, I wasn't even sure that it was going to happen. Why is that? In recent weeks...

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138.932 - 159.579 Cecilia Kang

Senior Facebook officials have been trying to get the White House to stop this case from going to trial. And recently, as reported, Mark Zuckerberg was at the White House himself meeting with the president and his top aides, trying to get the president to drop this case before it could go to trial. And so this case...

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Chapter 3: What is the relationship between Zuckerberg and Trump?

160.419 - 169.973 Cecilia Kang

which has huge implications, can be seen as a reflection of this ongoing and strange relationship between these two men, Zuckerberg and President Trump.

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170.785 - 188.475 Rachel Abrams

It's sort of surprising to hear what you're saying because we've talked on the show about how the big tech giants have been increasingly cozying up to President Trump. I think a lot of people, myself included, saw photos of Zuckerberg at the inauguration. I sort of had the impression that these two men were at least a little bit warm toward each other.

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188.576 - 195.9 Rachel Abrams

So maybe you could just unpack this a little bit. What exactly is their relationship and how has it affected this case?

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196.44 - 221.717 Cecilia Kang

So it's interesting, the story of Zuckerberg and Trump really goes back almost a decade. And their relationship has really changed and evolved over those years. I think it's fair to say that what started as a story of two very powerful, but very different and maybe even opposing figures has turned into something quite different. Lately, Zuckerberg has been very positive about Trump.

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221.837 - 248.346 Cecilia Kang

He's really tried to get into Trump's inner circle. But Trump at this point has not returned the same sort of interest nor affection. I would say that the relationship is pretty one-sided at this point. Zuckerberg, for most of Facebook's history, has never been overtly political. It's actually sort of a mystery as to how he votes. He donates to both parties.

248.826 - 263.671 Cecilia Kang

He's not particularly vocal about politics generally. Things get a little bit more complicated when it comes to Trump's first election victory in 2016. That was a huge deal for Facebook, but not necessarily in a positive way.

Chapter 4: How did Facebook respond to Trump's election victory?

264.151 - 269.838 Rachel Abrams

I remember that. Facebook was really widely seen as one of the reasons that Trump won the election.

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269.858 - 297.895 Cecilia Kang

That's right. The left blamed Facebook for Trump's victory. They say that there was a surge of political misinformation that really helped Trump in winning. And Zuckerberg reacts to these concerns by creating new policies and new changes to the platform, instituting things like fact-checking, all with the purpose of trying to slow the spread of misinformation on the site. And the right hates this.

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298.535 - 320.96 Cecilia Kang

They say that these actions are essentially censorship and censorship of conservatives. They say that the Companies' leaders and their employees are liberal and they have a bias that's against conservatives in Trump. And Trump comes out for the first time as anti-Facebook. It sounds like hating Facebook basically becomes like a bipartisan issue at this point.

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321.681 - 345.883 Cecilia Kang

Yes, at this point, we're starting to see Facebook getting caught in between both political parties. And eventually, the Federal Trade Commission, under the Trump administration, decides to sue in December 2020, which was right before they leave office. That lawsuit leads to the trial that I've been covering this week. And then on January 6th, we know what happens.

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348.072 - 362.462 Cecilia Kang

Trump's supporters stormed the Capitol. And at first, he is urging the crowds. And while his supporters are in the Capitol building and police are trying to take control of the situation, Trump addresses his supporters in a video.

362.802 - 372.985 Donald Trump

I know you're pained. I know you're hurt. We had an election that was stolen from us. It was a landslide election and everyone knows it.

373.845 - 377.926 Cecilia Kang

That video is posted across social media, including Facebook and Instagram.

378.806 - 383.849 Donald Trump

People in law and order, we don't want anybody hurt. It's a very tough period of time.

384.329 - 409.599 Cecilia Kang

There's never been a time like this where... And employees of the company, as well as the public, are very concerned with Trump's speech. What Facebook decides to do next is very important. They decide to remove those videos, and they cite a policy that the company has on speech. The company forbids any sort of incitement of violence. And then Facebook escalates.

Chapter 5: What are the implications of Biden's administration for Facebook?

567.249 - 571.995 Commentator

Yeah, I mean, seeing Donald Trump get up after getting shot in the face...

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572.873 - 577.177 Cecilia Kang

Zuckerberg later commented that he thought that was such a moment of heroism.

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577.197 - 579.819 Commentator

One of the most badass things I've ever seen in my life.

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581.08 - 585.404 Cecilia Kang

And that he thought that, in his words, that Trump was a real badass.

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585.504 - 594.771 Commentator

At some level, as an American, it's like hard to not get kind of emotional about that spirit and that fight. And I think that that's why a lot of people like the guy.

595.974 - 622.008 Cecilia Kang

And that was the first time that I'd heard Zuckerberg really speak out so positively about a political candidate. He'd been very careful for many years to not take any strong position in politics. And then after the 2024 election, things really start to pick up. We see Zuckerberg almost racing to show his affection for Trump.

623.109 - 628.37 Mark Carney

Facebook founder Mark Zuckerberg had a private meeting with the president-elect today at Mar-a-Lago.

628.43 - 637.953 Cecilia Kang

First, he publicly congratulates the president on his election. Well, Mark Zuckerberg's been over to see me and... He visits the president-elect in Mar-a-Lago.

637.973 - 640.854 Commentator

What's going on? You know, chill week.

Chapter 6: How did Zuckerberg's views of Trump evolve?

677.581 - 685.507 Commentator

Here's what we're going to do. First, we're going to get rid of fact checkers and replace them with community notes similar to X starting in the U.S.

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686.067 - 687.868 Cecilia Kang

He gets rid of fact checking.

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688.168 - 696.594 Commentator

What started as a movement to be more inclusive has increasingly been used to shut down opinions and shut out people with different ideas. And it's gone too far.

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697.253 - 702.315 Cecilia Kang

And he also gets sort of DEI, diversity, equity, inclusion, sort of efforts at the company.

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702.895 - 707.696 Commentator

The recent elections also feel like a cultural tipping point towards once again prioritizing speech.

708.036 - 714.258 Cecilia Kang

These two big policy changes seem very much aligned with the Trump agenda.

714.418 - 723.821 Donald Trump

For a prime example of how Trump went from pariah to powerful, look to Meta. The company confirms it made a million-dollar contribution to Trump's inaugural fund.

724.409 - 741.986 Cecilia Kang

Meta donates a million dollars to the Trump inauguration. He's really pulling out all the stops. He's pulling out all the stops. It's happening in rapid fire all within a compressed few weeks.

Chapter 7: What was Zuckerberg's reaction to Trump after the assassination attempt?

742.166 - 760.061 Rachel Abrams

And, you know, whether or not he believes in President Trump or whether he's just trying to do the best thing for his companies, I guess that doesn't really matter because he's gone full MAGA, right? Like he's fully aligning himself with the new administration. But I have to note that looking at where we are today, it doesn't seem like any of that helped him that much.

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760.962 - 777.571 Cecilia Kang

Yeah, Rachel, I don't think so. The president still holds a grudge against Zuckerberg and Mehta. And as somebody very close to the president told me just a few days ago, the president still wants his pound of flesh.

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785.375 - 786.035 Unidentified Speaker 2

We'll be right back.

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805.168 - 813.392 Rachel Abrams

So, Cecilia, we just talked about how Zuckerberg couldn't get Trump to make this case go away. But what exactly is the case that the government is bringing here?

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815.053 - 836.084 Cecilia Kang

Yeah, this case is really pretty novel in that this all centers around two acquisitions more than a decade ago, the acquisitions of Instagram and WhatsApp. And what the federal government is arguing is that Facebook had a monopoly when they bought these companies. And through these acquisitions, they were able to keep their monopoly.

836.744 - 861.816 Cecilia Kang

The reason why that is such a eyebrow-raising argument in particular is because the very agency that is suing Meta was the agency that approved those mergers more than a decade ago in the first place. Mm-hmm. Okay, explain that. So I've got to take you back in a time machine to around 2011, 2012. And this was a really pivotal time for Facebook.

862.517 - 890.613 Cecilia Kang

Facebook really struggled to create an app for the smartphone. And they were starting to see competition, particularly from Instagram, that made Mark Zuckerberg very nervous. Because Instagram had this... new and very interesting photo sharing app. And so Zuckerberg in 2012 decided to buy Instagram, which didn't have that many users and had very few employees for a billion dollars. Wow.

890.853 - 909.264 Cecilia Kang

That in itself was a big deal at that time, but regulators thought that it was such a small company, Instagram, and it didn't directly compete with Facebook as a social network, that they felt comfortable allowing that merger to go through. And then Zuckerberg got nervous again.

909.284 - 938.233 Cecilia Kang

Around 2014, he saw the rise of messaging apps like WeChat in China and WhatsApp, which was an app that was very popular globally, really picking up steam and getting tons of users around the world. And he was afraid that those kinds of messaging apps could also compete with Facebook because because they could take on more social features like sharing between friends and family.

Chapter 8: How did Zuckerberg's relationship with the Biden administration become strained?

992.805 - 1014.853 Cecilia Kang

And once people start recognizing that, especially around the 2016 and 2020 elections, it changes the perception of Facebook and Mark Zuckerberg. The other thing that changes is that regulators start looking at the Silicon Valley companies very differently. they see that these internet giants only get bigger and stronger in ways that are unexpected.

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1015.373 - 1039.486 Cecilia Kang

They start to look at acquisitions that these companies have made over the years that may have not seemed either threatening or anti-competitive at the time because these big companies are often buying very small startups. But those acquisitions become really important tools for these companies to continue to grow and to maintain their monopolies.

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1040.186 - 1065.354 Cecilia Kang

It used to be that the key way to determine if a monopoly was breaking the law was whether prices were going up for consumers. But how does that apply to an internet company, especially a company that has apps like Facebook and Instagram, which are free? And so regulators are saying there are different ways that we should look at how these companies have too much power.

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1065.922 - 1074.169 Rachel Abrams

So what is the harm that the government is arguing that Meta poses here exactly, if not ripping people off in terms of how much they're paying for a product?

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1074.849 - 1096.725 Cecilia Kang

So the government is arguing that there are other ways consumers have been harmed. They say that if these mergers were not approved— that maybe Instagram and WhatsApp would have created much more competition that would spur Facebook to be more innovative and to make their app better. So you might see fewer things like data privacy scandals.

1097.185 - 1111.314 Cecilia Kang

You might see the company do a better job when it comes to containing misinformation. All these things that are not related to price, but do affect the consumer experience. And most interestingly, the Trump administration has introduced a new wrinkle.

1112.495 - 1137.647 Cecilia Kang

President Trump and his top antitrust regulators have argued that these platforms censor speech and that their ability to censor speech is a real sign, a symptom of a problem, which is that they are too powerful. So they are arguing for the first time that I have heard a speech theory that antitrust enforcement should include concerns about speech.

1138.348 - 1160.548 Rachel Abrams

Cecilia, I can't help but notice that Zuckerberg, who has become this free speech absolutist and rolled back so much of the company's past efforts to censor content on the platform, he's actually now the target of a case the president or his administration is taking on, at least in part, because he thinks meta holds too much power to shape speech.

1161.627 - 1176.93 Cecilia Kang

So it's really ironic. In some ways, Zuckerberg and Trump want the same thing. They want complete free speech on the internet. They want no censorship. And Zuckerberg has tried to signal to Trump that, hey, we are on the same side on this issue.

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