Any communications between 21st Century Fox and the Justice Department are likely fair game under discovery, but the White House, Bloomberg noted, would likely claim that its discussions with DOJ are privileged.
The Justice Department's antitrust division is poised to file a lawsuit to stop the deal if it can't reach an agreement with the companies. The first occasion on which he reflected on the matter in an official capacity as President came during his recent trip to Asia when he gave an ambiguous remark about AT&T's case possibly going to trial, noting how litigation still isn't guaranteed. Then he added: "I do feel you should have as many news outlets as you can - especially since so many are fake".
Convincing a court to make that information available if it exists will be a "long, hard road", he said.
AT&T will also try to get any evidence about whether Rupert Murdoch tried to influence the review, according to one of the people. The president has praised Fox News' coverage of his administration.
"I did make a comment as to what I think", Trump acknowledged, appearing to reference previous remarks he had made on the campaign trail criticizing the AT&T deal. Reuters reported the Justice Department demanded last week that AT&T divest DirecTV or the Turner Broadcasting unit in order to win approval.
"This responds to your letters dated July 27, 2017, and September 26, 2017, in which you and other Members request the appointment of a Special Counsel to investigate various matters, including the sale of Uranium One, alleged unlawful dealings related to the Clinton Foundation and other matters", Sessions writes.