Finally, something we can all agree on: The Trump trial must be televised
And other notes from a wild news week.
In a rare bit of unity in our fractured world, there seems to be general agreement about the importance of televising Trump’s trial on charges of trying to overturn the 2020 election.
However, cameras are banned in federal courtrooms, and it would take some special judicial action to make that happen.
As Charlotte Klein reported in Vanity Fair (she’s excellent, by the way), “dozens of Democratic lawmakers have called on the Judicial Conference — the policy-setting body of the federal judiciary — to allow cameras into the courtroom for Donald Trump’s criminal trials. ‘Given the historic nature of the charges brought forth in these cases, it is hard to imagine a more powerful circumstance for televised proceedings,’ the lawmakers, led by Rep. Adam Schiff, wrote in a letter to Judge Roslynn Mauskopf, who oversees the administration of federal courts. ‘If the public is to fully accept the outcome, it will be vitally important for it to witness, as directly as possible, how the trials are conducted, the strength of the evidence adduced and the credibility of witnesses.’”
Trump’s defense lawyer in this case, John Lauro, seemed in agreement. He said on Fox News recently that the defense would ask a judge to allow cameras for the sake of transparency: “I would hope that the Department of Justice would join in that effort so that we can take the curtain away and all Americans can see what’s happening.”
The prominent litigator Neal Katyal made the case in the Washington Post this week (gift link; no paywall) that “broadcasting lets Americans see for themselves what is happening in the courtroom and would go a long way toward reassuring them that justice is being done. They would be less vulnerable to the distortions and misrepresentations that will inevitably be part of the highly charged, politicized discussion flooding the country as the trial plays out.”
I can’t imagine Trump himself would disagree since he never passes up on a chance to be in the limelight, even if the show might conclude with him behind bars.
In short: Transparency is crucial. Televise the trial!
Two related items:
— The New York Times did a good job annotating the latest indictment. Here’s a gift link to that, as well. Special prosecutor Jack Smith has asked all Americans to read the 45-page document; it’s not a heavy lift, and the annotations make it even more interesting.
— I wrote in the Guardian about why Trump’s likely “free speech” defense looks like a loser. The First Amendment is powerful, but it doesn’t cover criminality, even if it takes the form of speech. Come for the quote about Tony Soprano.
Finally, thanks very much to all the new subscribers here, with particular gratitude to those who have paid for a subscription in order to support this pro-democracy work. Next week’s podcast features Jelani Cobb, an esteemed New Yorker writer and the dean of the Columbia University Graduate School of Journalism. It was a great chat about how journalists can best approach this fraught moment in American history. Please join us!