A lot of union
voters have cast ballots for Donald Trump: 43% of us in 2016 and 40% in 2020,
according to the Roper Center for Public Opinion Research. So organized labor’s
rank and file must be divided about whether his criminal trials should be
televised.
However, legal and
civic leaders are less divided on showing viewers the testimony and other
evidence in his upcoming trials: for January 6 (in Washington, D.C.), for taking
and keeping classified documents (in Florida), for fraud (in New York City),
and for election interference (in Georgia) – much less for campaign violations
in connection with hush money paid to an adult actress and other issues.
Trump has pleaded
not guilty to all charges.
WHY
SHOW?
* The allegations
and issues before juries of everyday Americans are important to people not
empaneled to vote not guilty or guilty;
* watching the
proceedings could help heal divisions in the country, and
* could reassure
regular people that no one’s above the law;
* the U.S.
Constitution’s 6th Amendment guarantees public trials.
January 6 – the
conservative Wall Street Journal called it “the worst offense against
democracy” – and attempts to interfere with the election in Georgia are
significant accusations deserving of a full airing. (Trump’s main lawyer, John
Lauro, also thinks it should be televised, saying, “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.”)
Americans could
find common ground by watching witnesses (almost all of whom are Republicans);
a televised trial could increase public confidence that there are at least
merits to the charges.
Conversely, such a
consequential trial conducted outside open proceedings could lead people to
doubt its legitimacy, wrote Neal Katyal, who was a special prosecutor earlier
this year in the televised murder trial of Derek Chauvin for killing George Floyd.
Plus, “this
criminal trial – the gravest matter of public concern imaginable – is being
conducted in the name of the people of the United States,” Katyal said. “It is
our tax dollars at work. We have a right to see it. And we have the right to
ensure that rumormongers and conspiracy theorists don’t control the narrative.”
WHY
NOT SHOW?
* Trump has a
history of confusing the public – or convincing them of falsehoods;
* the ex-President
excels at manipulating media; his antics and expressions of outrage get
attention.
* the cases may
seem complex – dull TV?
* televised trials
could risk the political climate getting more divisive – “If you listen to his
speeches, they are deeply, deeply divisive in addition to being horribly
negative about the immediate future of this country,” said journalist Mike
Barnicle (who nevertheless supports televising them);
Currently, only
Georgia plans to televise its case. Federal and New York state courts prohibit
televised trials. However, there are exceptions in other high-profile cases.
The U.S. Supreme Court broadcasts live audio of oral arguments it hears; the
Bush-Gore dispute in Florida in 2000 was broadcast in real time; Congressional
hearings about January 6 and Watergate were shown live, and the International
Criminal Court in The Hague, Netherlands, televises its proceedings.
Further, federal
trials may be permitted to be televised if OK’d by the U.S. Judicial
Conference, chaired by Supreme Court Chief Justice John Roberts, or if Congress
passes a law approving it. (U.S. Sen. Chuck Grassley, the Iowa Republican, has
introduced a bipartisan measure doing so, and 38 Democratic members of Congress
have urged the federal judiciary to permit a TV trial. That letter from those
dozens of House members split the difference as Members of Congress who urged
the Judicial Conference to approve televising the trial due to its
“extraordinary national importance.”
Even attorney Alan
Dershowitz (who was on Trump’s defense team for Trump’s first impeachment) said
televising the trials would directly show the cases without it being filtered
through courtroom drawings or summaries by reporters.
“If the Trump
trial is not televised, the public will learn about the events through the
extremely biased reporting of today’s media,” wrote Dershowitz. “It will be as
if there were two trials: one observed by reporters for MSNBC, CNN, the New
York Times and other liberal media, the other through the prism of reporters
for Fox, Newsmax and other conservative outlets. There will be nowhere to go to
learn the objective reality of what occurred at trial.”
MORE
PRO-TV TRIAL
Court TV founder
Steven Brill wrote, “The last thing our country and the world needs is for this
trial to become the ultimate divisive spin game, in which each side roots for
its team online and on the cable news networks as if cheering from the
bleachers.”
Televising Trump’s
trials “might temper the national mood,” he added.
Arkansas
newspaperman Gene Lyons wrote, “Some must see it to believe it.”
It’s possible that
some viewers would see facts clarified too often disputed online or by partisan
commentators.
For instance, only
17% of Republican primary voters say the indictments are legitimate, according
to a recent poll by Fairleigh Dickinson University, so it seems possible that
sworn testimony and physical proof would help observers appreciate the
investigations as legitimate, whether or not there are convictions.
“All the bad news
in the world doesn’t matter if voters aren’t paying attention to the news,” said
government and politics professor and FDU poll director Dan Cassino.
MORE
OPPOSITION
Boston University
researcher Lee McIntyre, author of the forthcoming “Disinformation and
Democracy,” warns, “Trump is an expert at disinformation and understands
intuitively how to capitalize on short attention spans and lack of political
literacy. One way he does this is by creating a constant state of chaos where
so much is happening that people don’t have time to think, talk to one another,
and form their own opinions.”
Some say people
don’t read details, like indictments, and viewers could be swayed by dramatic
or even outrageous comments or behavior, but Dershowitz disagrees, saying that
in the wall-to-wall televised O.J. Simpson trial “the judge and some of the
lawyers played to the cameras, but their presence had no discernible effect on
the trial or verdict.”
Still, Marjorie
Cohn, who analyzed the Simpson trial for her book “Cameras in the Courtroom:
Television and the Pursuit of Justice,” has misgivings.
“With a camera
present, critics assert, lawyers embellished arguments, waged unnecessary
debates, prolonged the examination of witnesses and tended to ‘perform’ for the
camera,” Cohn said.
Again, Dershowitz disputes
that conclusion, saying we should have faith in viewers.
“The public can
generally distinguish pomposity from authenticity. But whatever small risks
that there are, they are more than outweighed by the benefits of transparency.
“The more people
see it, the more justice there will be.”
Further, Trump’s popularity
with his base (and fund raising) could increase, commented Christina
Bellantori, media director at University of Southern California’s Annenberg
School for Communication and Journalism, who said, “My prediction would be that
his public-opinion ratings would go up, no matter what evidence is presented.
“People will
hate-watch it; people will rally and root for him,” she added. “And there’s not
going to be anybody that’s like, ‘Gee, I think I’ll watch this and see how
justice plays out’.”
The bottom line,
according to Bill Tubbs, publisher emeritus of the weekly North Scott Press in
Iowa, is that “every American should have the right to watch it in real time,
to see and hear witnesses for themselves instead of a talking head on any
network spinning the issues to partisan advantage – or paying attention only to
the words of the defendant himself,” he wrote. “This is not forcing anyone to
watch, but we should have that right as informed citizens – and voters. If ever
a trial needed to be televised, this is the one. Let the people watch!”
A sampling from
the chorus of comments about whether or
not we should be able to watch Trump’s
trials as they happen
“The is the trial
America deserves.”
- the neo-conservative
magazine The New Republic
Trump thrives in the
spotlight. Giving a reality TV star a reality TV trial is almost too easy.
Viewers see what they want to see. Trump’s fans are unlikely to be swayed by a
live feed.”
- Amherst College
political science professor Austin Sarat.
“Given the
historic nature of the charges brought forth in these cases, it is hard to
imagine a more powerful circumstance for televised proceedings. 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.”
- letter from 38
Democratic House members
“The reality is
that the public now expects audiovisual coverage of events that are of great
significance. The best way to counter any spin from any side is to allow people
to see what’s actually transpiring and let them draw their own conclusions, and
the only way you can do that is with cameras in the courtroom.”
- University of
Minnesota professor of media ethics and law Jane Kirtley
“In our polarized
information world, with millions getting only news that is politically
palatable, it’s excruciatingly difficult to convey basic facts. But trials,
especially trials that will dominate every single news outlet, are probably the
one way to penetrate those hermetically sealed bubbles.”
- conservative
columnist Mona Charen
“Televising the
trial would provide deep educational benefits. Law is often viewed as
inaccessible, chock-full of jargon and impenetrable procedures. This broadcast
would provide a real-time civics lesson, especially for children, in how our
legal system operates.”
- Georgetown law
professor or former Acting U.S. Solicitor General Neal Katyal
“The American
legal system is under attack from both the Right and the Left. Although it is
far from perfect, our legal system is, in general, better than how it is
perceived by partisans. Most of the participants — judges, jurors, lawyers and
even litigants — try to do their jobs honestly. Some do better than others, and
we the public are entitled to see the good, the bad and the ugly. The more
people see it, the more justice there will be.”
- Attorney Alan
Dershowitz, member of the defense team for Trump’s first impeachment trial
“It’s not just
four prosecutors. It’s grand juries — dozens of American citizens who reviewed
the evidence and indicted him — what do they know that you as a voter don’t? People
believe what they see on their screens.”
- Svante Myrick,
president of People For the American Way