Guest Opinion, Pennsylvania Capital-Star
Former president Donald Trump’s federal trial for allegedly conspiring to overturn the 2020 election must be televised into every living room, on every laptop and every iPhone in America, for anyone who wants to see it for themselves.
Everyone in the country, and around the world, should
have the opportunity to watch, in real time, the unfiltered presentation of
evidence from special counsel Jack Smith and Trump’s legal team, if he chooses
to present evidence.
News of the trial should not come exclusively from
talking heads and media outlets sometimes biased in their reporting.
Cameras in the courtroom are not new. Court TV
and the Law and Crime Network televise live trials at the state level every
day. The former president’s latest indictment in Georgia on racketeering charges
almost certainly will end up being televised.
The same is not true for federal courts. Cameras in
federal courtrooms are exceedingly rare, but not completely unprecedented.
Pilot programs in the District Court for the Northern District of California,
the District Court of Guam, and the District Court for the Western District of
Washington have permitted some civil cases to be televised. Cameras in certain federal civil cases continue in
Northern California.
The U.S. Supreme Court had, for over a decade, allowed
audio recordings of arguments to be released following a brief delay.
During the pandemic, Chief Justice John Roberts authorized the real-time audio
of arguments—that policy remains in place today.
Although almost nonexistent in the federal courts,
cameras are common in state courts. Only four states—Pennsylvania, Louisiana,
Iowa, Delaware—and the District of Columbia do not allow cameras in the
court, according to
the Radio Television Digital News Association (RTDNA).
Pennsylvania law prohibits coverage of any judicial proceedings and
transmission of communications by phone, radio, television, or other advanced
communication technology.
However, the Pennsylvania Supreme Court allows
the Pennsylvania Cable Network (PCN), a public service
cable network, to record its proceedings, as well as the state’s intermediate
appellate courts, and to broadcast those proceedings after approval.
Trump’s D.C. trial will be conducted in the Federal
District Court for the District of Columbia. Although the D.C. district and
circuit courts have not allowed cameras, some federal circuits—federal courts
of appeal—have permitted cameras. The Second Circuit allows one unintrusive
camera for some proceedings. However, that does not include criminal matters
like appeals, motions, or petitions challenging a court ruling.
With recent reports of serious allegations of apparent ethical breaches against two members of the court,
Clarence Thomas and Samuel Alito, the need for transparency has become even
more urgent
In March, a bipartisan group of U.S. Senators introduced a bill that would permit cameras and live
broadcasts. Congress must not stop with the Supreme Court—and Trump’s trial is
the impetus to open all courtrooms to public scrutiny. The First
Amendment provides the right, but each of us has the responsibility, to
shine light into darkness, and that includes our federal courts.
The unprecedented trial of a former president charged
with crimes related to the overturning of an election should be available for
all Americans to witness.
To read more CLICK HERE
(Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly and George. P.C. and the former district attorney of Lawrence County, PA. He is the author of The Executioner’s Toll. You can follow him on twitter @MatthewTMangino or contact him at mmangino@lgkg.com
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