There are admittedly a couple of problems with these procedural protections. On the one hand, a transfer of venue hardly solves the problem of a high-profile case. Perhaps in a pre-internet, pre-television, pre-telegraph age, the notoriety of a case was somewhat confined to a particular county. But in the social media, iPhone era, transfer is a hollow protection. Indeed, by definition, a"high profile" case means people everywhere are interested in the case.
Even if transfer is granted, it probably won't be to a venue where people have never heard of the case. For example, Bill Cosby's trial teamto transfer venue of his state court trial out of Montgomery County, Pennsylvania, citing prejudicial pretrial publicity. His motion was denied, but even if it had been granted, every other county in Pennsylvania had people who knew about Bill Cosby and his alleged crimes.
A former president is likely to benefit from transfer in a way that no other celebrity defendant could, because of what we know about the 2020 election results. For example, Trump has already tried to transfer his New York state criminal case from New York county to Staten Island . While election results tell us nothing about whether jurors can be impartial, a transfer here is not a cosmetic fix—a transfer could make the difference between acquittal or conviction.
What this means is that if his case is transferred, Trump would receive a"fairer" trial than most. If not, an appellate court might determine that he did not receive a fair trial. Statistically, courts virtually never overturn convictions based upon the publicized nature of the trial. But, it does happen.
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