Virginia Republican Senate candidate Hung Cao mocked his Democratic opponent, incumbent Sen. Tim Kaine, for appearing on "Saturday Night Live" amid outrage that NBC appeared to violate a Federal Communications Commission (FCC) equal-time rule for featuring both Kaine and Vice President Kamala Harris on the comedy show without showcasing their political opponents.
"Many of my supporters are saying I should sue NBC for giving free airtime to my opponent Tim Kaine right before my election. I disagree," Cao said in a statement posted to his social media.
"I was barnstorming 12 towns and cities across Virginia yesterday talking about how we're going to secure our border & lower prices, while Tim was being a human punch-line in New York City."
Social media erupted on Saturday as news spread that Harris' planned flight to Detroit for a campaign event was diverted to New York City, as speculation mounted the Democratic nominee would make a surprise appearance on "SNL." Harris, as well as Kaine, did appear on the comedy show, sparking outrage from Trump supporters, as well as a commissioner on the FCC, who said NBC appeared to violate the agency's equal-time rule for hosting the political candidates in the final episode of "SNL" before Election Day.
The equal-time rule, established in 1934, requires radio and television broadcast stations to provide the same amount of time for competing political candidates. There are exceptions to the rule, such as newscasts, documentaries and political debates.
"This has all the appearances of, at least some leadership at NBC, at ‘SNL,’ making clear that they wanted to weigh in in favor of one candidate before the election. That's exactly why, for decades, we've had an equal-time rule on the book, is to prevent that. Because remember, broadcasters are placed in a special position of trust. They're not just like any other person with a soapbox on the corner. They have a license from the federal government that obligates them to operate in the public interest," Republican FCC commissioner Brendan Carr told Fox News Digital in a Zoom interview Sunday morning.
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Carr said Cao, former President Trump, Green Party presidential candidate Jill Stein, and even Robert F. Kennedy Jr. – who is still on the ballot in some states after dropping out of the presidential and endorsing Trump – are likely eligible to receive the same amount of time on "SNL" as their respective challengers this election cycle.
"Later on in the program, Sen. Kaine here in Virginia, where I am, appeared on the program, and he's up for election on Tuesday as well. There's an opposing campaign, the Hung Cao campaign, they may also have a right now to comparable time in programming," he told Fox News Digital on Sunday.
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Kaine, Hillary Clinton's running mate during her failed 2016 presidential run, appeared in a skit as a contestant on a game show who couldn't remember who Kaine was. His appearance followed Harris joining "SNL" alum Maya Rudolph in the comedy show's cold open.
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Fox News Digital reached out to Cao for additional comment on the debacle, but did not immediately receive a response. The Virginia Republican and retired Navy captain did thank NBC and Kaine for the appearance in his initial comment.
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"I want to thank NBC & Tim Kaine for making the contrast so clear about the stakes on Tuesday," he capped off his statement.
Lorne Michaels, the creator of "Saturday Night Live," said just last month that it was highly unlikely that either Trump or Harris would appear on the comedy show, explicitly citing the equal time provision laws.
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"You can’t bring the actual people who are running on because of election laws and the equal time provisions," Michaels told the Hollywood Reporter in October. "You can’t have the main candidates without having all the candidates, and there are lots of minor candidates that are only on the ballot in, like, three states and that becomes really complicated."
Carr noted in the Fox News Digital interview that Michaels was aware of the FCC's equal time rule just the other week.
"This is exactly why Lorne Michaels just weeks ago went public and said they would not be doing any candidate appearances, because he understood the thicket that it would throw NBC into. Something changed at the last minute, and they've now gone down this path. And again, I think it's important that the FCC come together and we take action. Otherwise, our rules are absolutely meaningless," he said.
Late Sunday, NBC and affiliates ultimately filed equal-time notices regarding Harris' and Kaine's appearances on the show.
"Kamala Harris, the Democratic candidate for president in the 2024 national election, appeared without charge on NBC's "Saturday Night Live" (SNL) for a total period of 1 minute and 30 seconds on November 2, 2024," the notice reads.
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Amid outrage over the appearances, an election ad for Trump aired on NBC toward the end of its broadcast of a NASCAR event and the NFL's coverage of the Minnesota Vikings-Indianapolis Colts game on Sunday night.
"We're losing everything, including viability," Trump said in the ad. "We're going to end up in a depression based on what's been happening. We've never seen anything like it, at least in the last 40 years."