Former President Donald Trump speaks at a campaign event at the South Carolina Statehouse, Jan. 28, 2023, in Columbia, S.C. I’ll admit to being troubled by the Aug. 31 ruling by the judge in Donald Trump’s upcoming Georgia trial that the proceedings will be televised and live-streamed. With all due respect, I’d like to offer a brief dissent. I’m no fan of former President Trump.
The case in favor of televising Trump’s trial is most clearly put in the recent letter from leading Democrats to the Judicial Conference of the United States, seeking waiver or reconsideration of the rule barring cameras at most federal court proceedings: “If the American people are to accept the outcome, it will be vitally important for them to witness, as directly as possible, the full facts and evidence.
Warren made the comment in his concurring opinion, joined by fellow liberals William Douglas and Arthur Goldberg, in a 1965 case where the U.S. Supreme Court essentially imposed a moratorium on cameras at criminal trials. The court would change its mind 16 years later, but with next month marking the 70th anniversary of Warren’s elevation to the center chair, his concerns are worth repeating.
The argument the other way assumes both that large numbers of people will watch Trump’s trial — trials? — gavel to gavel, and that the audience will largely comprise people who haven’t made up their minds and plan to weigh the evidence with care. But I suspect that the most likely viewers are exactly those most likely to view the proceedings through the lens of confirmation bias. What they thought about the former president’s guilt before the trial, they will think after.
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