I just saw/heard an argument for TV cameras for the Trump's attempted coup case from Glenn Kirschner that I had not heard before. The fourth charge speaks to Trump's attempt to deny the exercise of the rights of registered voters who voted. We all are the victims of that crime. And 18 US Code 3771 says that the court "shall make every effort to permit the fullest attendance possible by the victim and SHALL consider reasonable alternatives to the exclusion of the victim from the criminal proceeding".
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Cornell Law
(b)Rights Afforded.—
(1)In general.—
In any court proceeding involving an offense against a
crime victim, the court shall ensure that the
crime victim is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record
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Alicia Menendez [of American Voices] (in for Nicolle Wallace):
"Do you think it makes a difference for people to watch it to hear it to see it versus what we know will happen which is to be exposed to the spin machine that happens outside of the courtroom "
Glenn Kirschner:
"Absolutely, Alicia. I agree with everything in Neal's excellent op ed and let me make two points. First of all, if cameras are not permitted into the courtroom Donald Trump and his criminal defense attorneys and Donald Trump's lackeys and sycophants at the end of every trial day will spin what happened in trial, they will probably come out and say what a great day it was for Donald Trump, you know the evidence is falling apart, the prosecution is introducing proving it's nothing but a witch hunt or elections interference whereas Jack Smith and his team of prosecutors will come out of the courtroom every day and say exactly nothing. That's not a fair fight. We need a fair fight in the court of law which Donald Trump is going to get and the American people are going to get. But you know this is also going to be fought in the court of public opinion and what the voters hear about what happened during the trial will impact their decision about who to vote for in the 2024 presidential election and the second point, real quick, is there's something called the Crime Victims Rights Act , 18 US Code 3771 and it says crime victims may not be excluded from court proceedings in which they were a victim. Look at charge four in the indictment. It is a 'Conspiracy to Deprive' us all of the full value of our vote, of our voting rights, the American people in a very real sense are crime victims, and, therefore, the Crime Victims Bill of Rights, the Crime Victims Rights Act, provides that they 'SHALL' not be excluded from the courtroom. But if this proceeding is not televised, all of the victims will be excluded from the courtroom and I think that's actually another legal statutory right that is at risk if we the people don't get to see these proceedings. "
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Neal Katyal wrote an excellent op-ed in the Washington Post explaining why this trial must be televised
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Neal Katyal, a law professor at Georgetown University, served as acting solicitor general of the United States from 2010 to 2011.
The upcoming trial of United States v. Donald J. Trump will rank with Marbury v. Madison, Brown v. Board of Education and Dred Scott v. Sandford as a defining moment for our history and our values as a people.
.Most important, live (or near-live) broadcasting lets Americans see for themselves what is happening in the courtroom and would go a long way toward reassuring them that justice is being done. They would be less vulnerable to the distortions and misrepresentations that will inevitably be part of the highly charged, politicized discussion flooding the country as the trial plays out. Justice Louis Brandeis’s observation that “sunlight is said to be the best of disinfectants” is absolutely apt here.
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He gives two paths forward for this: either Chief Justice Roberts to vote for an amendment to Rule 53 or for Congress to pass a law allowing this trial to be televised.
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If these proceedings are televised, then it would greatly reduce the ability of the right wing to lie or distort what happened in the trial. Any NON MAGA republicans who watch the trial may be influenced by what they see. This could really help protect American democracy.