WILL THE DONALD TRUMP COURT CASE IN DC BE TELEVISED?

 Donald Trump again, but first, a few newsworthy developments:

• Mega Millions selected a winner last night for $1.55 billion, from Florida.  Until last night, there were 31 straight Tues-Fri failed drawings.  Victor can get $783.3 million if the lump sum option is selected. Now, the jackpot resets to a lousy $20 million. 
• Abortion-rights advocates in Ohio prevailed, the #2 reason why Democrats will win in a landslide on 5November2024.  From the New York Times this morning:

• More and more of these will begin to appear, but just revealed was a secret memo from a Trump lawyer providing details of faking key state electoral votes  to overturn his 2020 election loss.

That headline look familiar?  On to The Donald, for these indictments remind me of Watergate half a century ago, which was televised and became a huge hit.  Three out of four homes in the USA watched.  I did.   Nixon became the first president in U.S. history to resign.  I was working that summer at the Lawrence Livermore National Laboratory, with an apartment adjacent to Wente Brothers.  Watergate, wine and fusion.  What a summer.  Will Donald Trump's court case regarding his attempted coup be televised live?

Let me start with two Trump truisms (note  the alliteration and some tongue-in-cheek humor):

• All the commentary and news releases seem to look at this indictment as some kind of political game, seriously dividing the country. 
• On the one hand, most Republicans believe that there was electoral fraud and this is just judicial overreach to prevent their leading candidate from running in 2024.
• On the other, Democrats say Trump did actually conspire to overthrow the 2020 election, threatening the foundation of democracy.

• 
  In American trials, you are considered to be innocent, until proven guilty.  The problem with Donald Trump is that he is a known lier and cheat, so that the prosecution only needs to prove that he is, indeed, guilty.  So only specific to this crook and egomaniac, the prevailing legal principal that should be followed for him is that he is guilty, until proven innocent.  That is truism #1.  Perfect for Trump.

• 
  The second truism related to his indictment is also well-made for Trump.  Federal rules forbid the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom. Specific to the District of Columbia, here are the options.
• Trump is a recognized TV star, and would relish this opportunity.  He would benefit from full media coverage.
• 
  Interestingly enough, the Department of Justice should also want live TV broadcasting, for then this currently split America will better be educated and united through a guilty verdict.  They should feel comfortable that the evidence is so overwhelming (after all, consider that more than a 1000 rioters got arrested, and most of them who so far went to trial were judged guilty--and there is perhaps an additional 1000 to yet be charged) that all this upcoming free publicity will result in a Democratic landslide on 5 November 2024.
• 
  There is a 2016 precedent that maybe can be tapped.  The Ninth Circuit Judicial Council began approving the following for Northern California, Western Washington and Guam.

A judge may authorize broadcasting, televising, recording, or taking photographs in the courtroom and in adjacent areas during investitive, naturalization, or other ceremonial proceedings. A judge may authorize such activities in the courtroom or adjacent areas during other proceedings, or recesses between such other proceedings, only:

1) for the presentation of evidence;

2) for the perpetuation of the record of the proceedings; 

3) for security purposes; 

4) for other purposes of judicial administration;  

5) for the photographing, recording, or broadcasting of appellate arguments; or 

6) in accordance with pilot programs approved by the Judicial Conference.

When broadcasting, televising, recording, or photographing in the courtroom or adjacent areas is permitted, a judge should ensure that it is done in a manner that will:

1) be consistent with the rights of the parties, 

2) not unduly distract participants in the proceeding, and

3) not otherwise interfere with the administration of justice.

• Thus, for a more fair trial, since Washington, DC has too many Democrats, perhaps the venue should be moved.
• Not to West Virginia, which is too red.
• What about to Northern California or Western Washington?  Certainly not Guam.

But if in fact federal courts are essentially prohibited from televising the Trump guilty confirmation proceedings, it's probable that the nation will not be able to personally see this grand spectacle unfold.  The greatest criminal case in the history of Planet Earth, and no television coverage.  What a waste.  This is akin to preventing the broadcasting of the Super Bowl to preserve neutrality.

The Supreme Court in 1985 reviewed  the matter of cameras in state courtrooms...

...broadcasters do not have a first or sixth amendment right to televise criminal trials. The Court has also ruled that States may permit cameras in their courtrooms only if the defendant's rights to due process and a fair trial are protected.

There will at some point be a fourth indictment of Trump by the state of Georgia.  State laws, while about the same as for the Feds, does have a window ajar based on that 1955 Supreme Court statement.  There is, further, a Rule 22 for the use of electronic devices in courtrooms.  There seems to be a growing sense that courts should be more open.  Golf courses now pretty much have given up on policing photo-taking because of smartphones.  However, the judiciary moves lethargically, and it might be too much to ask for Georgia to suddenly allow full national TV coverage of their Trump trial.  But Georgia has some weird laws.

Finally, much of this above brouhaha was covered by David Brooks in his recent op-ed.  I recommend you read his article.  Time magazine also has a good summary worthy of your perusal.

The above info pretty much then indicates that this historic trials of once president Donald Trump will NOT be televised.  That would be a shame.  The lack of cameras will only further exacerbate the production of fake news.

However, regarding Georgia, Donald Trump could well personally suffer more from a conviction in this state.

• Fulton County District Attorney Fani Williams has been investigating for more than two years.
• There is that incriminating phone call to Georgia Secretary of State Brad Raffensperger.  You've heard the key part.  Here is the entire hour-long call.

• 
  If judged guilty, and Trump gets re-elected, he can't pardon himself in Georgia.  Nor can't anyone else.  
• If Georgia has a Republican governor, as it currently has in Brian Kemp, he also can't do any pardoning, for in Georgia, that rests to an independent state board.
• A trial in Georgia is more likely to be televised.

Georgia, on the other hand, offers strong protections for open courts. Members of the media who submit requests to record proceedings are generally allowed to do so. If a judge intends to deny a request, they must promptly hold a hearing on the matter, according to Georgia’s Uniform Superior Court Rule 22. 

That means that if Trump is tried in Georgia for attempting to overturn the 2020 election there, the American public will likely be able to watch the proceedings, including witnesses delivering testimony against him.

Amen.

But wait....where is Melania?  She hasn't appeared with him at a single campaign rally, nor was she present when he as been indicted.  Some say she remains angry over the Stormy Daniels affair.  Others indicate that she doesn't sympathize with his current plights.

The Orient has two ocean storms of concern.  First, the two-week old now Tropical Storm Khanun will strengthen to almost hurricane strength today and make landfall west of Busan, bringing torrential rain and winds.  The Boy Scouts got out in time.  Khanun to the left and Lan to the right.

The new one, Typhoon Lan, looks fierce and will at any moment become a hurricane, attain Category 2 strength on Friday, and slam into the Tokyo area early on Monday.  If you plan to fly into Narita or Haneda that day, closely watch what is happening.

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