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Broadcasters to lobby Supreme Court chief justice to allow cameras at TrumpB次元官网网址檚 trials

The high court began streaming live audio of arguments back in 2020
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Donald Trump likes being on television. But the most dramatic moment of his political career 聴 standing trial in the U.S. capital on charges of trying to subvert democracy 聴 is set to transpire beyond the gaze of cameras. This artist sketch depicts former President Donald Trump, right, conferring with defense lawyer Todd Blanche, left, during his appearance at the Federal Courthouse in Washington, Thursday, Aug. 3, 2023. THE CANADIAN PRESS/AP-Dana Verkouteren

Donald Trump likes being on television. But the most dramatic moment of his political career B次元官网网址 standing trial in the U.S. capital on charges of trying to subvert democracy B次元官网网址 is set to transpire beyond the gaze of cameras.

A growing chorus of voices, including from the former presidentB次元官网网址檚 own defence team, hopes to convince the chief justice of the U.S. Supreme Court to change that.

B次元官网网址淭he public not only has a right but has a need to see what happens in that courtroom,B次元官网网址 said Dan Shelley, president and CEO of the Radio Television Digital B次元官网网址 Association.

B次元官网网址淭he only way the world can have any modicum of trust in whatever the outcome of the case is if theyB次元官网网址檙e able to see it and hear it with their own eyes and ears.B次元官网网址

The RTDNA has been advocating for American broadcast journalists since 1946, the very same year the U.S. court system first prohibited photography or broadcasting during federal criminal proceedings.

That 77-year symmetry will come full circle when the association leads a coalition to petition the Judicial Conference, a policy-making arm presided over by Supreme Court Chief Justice John Roberts, to make an exception for Trump.

The high court began streaming live audio of arguments back in 2020, at the height of the COVID-19 pandemic. Roberts opted last year to leave the feature in place even after the courtroom doors were reopened to the public.

B次元官网网址淚tB次元官网网址檚 not too much of a leap to go from that to video,B次元官网网址 Shelley said.

B次元官网网址淏ut there seems to be something in the DNA of the federal judiciary, particularly most if not all of the nine sitting members of the U.S. Supreme Court, who feel like that would be a step too far. And it makes no logical sense to us.B次元官网网址

TrumpB次元官网网址檚 own lawyer, John Lauro, has said he would welcome live coverage. And a group of Democrats in Congress also wants cameras allowed at both the D.C. trial and the classified documents trial playing out in Florida.

B次元官网网址淕iven the historic nature of the charges brought forth in these cases, it is hard to imagine a more powerful circumstance for televised proceedings,B次元官网网址 the 38 Democrats, including California Rep. Adam Schiff, wrote to the conference.

B次元官网网址淚f 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.B次元官网网址

Time appears to be of the essence: prosecutors in Washington proposed Thursday that TrumpB次元官网网址檚 trial begin as soon as Jan. 2 of next year to B次元官网网址渧indicate the publicB次元官网网址檚 strong interestB次元官网网址 in a speedy trial.

ItB次元官网网址檚 only the latest step in a long, meandering journey that has produced a patchwork landscape across the U.S., from networks that offer gavel-to-gavel coverage of state murder trials to federal courtrooms where even cellphones are banned.

It began in the 1930s with the trial for Richard Hauptmann, who was convicted of first-degree murder and sentenced to death in the sensational kidnapping case of famed aviator Charles LindberghB次元官网网址檚 20-month-old son.

B次元官网网址淭he Lindbergh trial is often blamed as the watershed moment when cameras were pushed out of the courts,B次元官网网址 said Mary Angela Bock, a journalism professor at the University of Texas at Austin.

B次元官网网址淚t took until the mid-20th century for various state court systems to allow cameras back at different levels, but the federal courts have resisted it every single step of the way.B次元官网网址

ItB次元官网网址檚 a far cry from Canada, a country that has only dabbled with cameras B次元官网网址 with the odd exception of the Supreme Court itself, which livestreams arguments that are later carried on the Canadian Parliamentary Access Channel.

B次元官网网址淐anada has been always, at least at the trial level, more measured,B次元官网网址 said Janice Tibbetts, a journalism professor at Carleton University in Ottawa who teaches a course on covering CanadaB次元官网网址檚 legal system.

B次元官网网址淭he law profession in Canada is generally pretty conservative. And they have strongly argued against the potential of impeding a fair trial B次元官网网址 so I donB次元官网网址檛 think youB次元官网网址檙e going to see Canadian Court TV any time soon.B次元官网网址

There are compelling arguments for keeping cameras outside the courthouse, Tibbetts noted, including the protection of witnesses and victims, ensuring the integrity of their testimony and discouraging lawyers from grandstanding.

B次元官网网址淭here are all of these things that can really change the way a trial happens because there are cameras there to capture it.B次元官网网址

And Bock pointed out that amending the rules for a single high-profile accused would risk jeopardizing one of the most sacrosanct principles of the justice system: equal treatment under the law.

B次元官网网址淭he essence of this particular federal case is that he is not above the law, and therefore must be treated just like everybody else.B次元官网网址

Indeed, during a hearing Friday that Trump did not attend, U.S. District Judge Tanya Chutkan made clear to his lawyers that their client would receive no special treatment just because heB次元官网网址檚 running for president.

B次元官网网址淚f that means he canB次元官网网址檛 say exactly what he wants to say about witnesses in this case, then thatB次元官网网址檚 how itB次元官网网址檚 going to be,B次元官网网址 Chutkan said.

Trump was contesting restrictions proposed by prosecutors who fear the former presidentB次元官网网址檚 penchant for picking fights on social media could be used to intimidate witnesses or disclose sensitive information.

The judge eventually issued an order later Friday restricting the disclosure of B次元官网网址渟ensitive materials,B次元官网网址 including strict conditions on how the former presidentB次元官网网址檚 lawyers can share such information with their client.

Trump is expressly forbidden from having access to a smartphone or other copying device while reviewing material. Counsel must also review his handwritten notes to ensure he does not copy down any B次元官网网址減ersonally identifying information.B次元官网网址

Rarely does the sheer magnitude of a trial change how the legal system operates. But prosecuting a former U.S. president B次元官网网址 let alone one as outspoken as Trump B次元官网网址 is already proving seismic.

B次元官网网址淭his criminal trial is being conducted in the name of the people of the United States,B次元官网网址 Neal Katyal, a former acting solicitor general and decorated D.C. litigator, wrote last week in the Washington Post.

B次元官网网址淚t is our tax dollars at work. We have a right to see it. And we have the right to ensure that rumour mongers and conspiracy theorists donB次元官网网址檛 control the narrative.B次元官网网址

James McCarten, The Canadian Press

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