Three weeks from today begins a new chapter in U.S history: The first criminal trial of a former president and it is happening in Acting Manhattan state Supreme Court Justice Juan Merchan’s courtroom in 100 Centre St.
That downtown courtroom has limited seating and since New York wrongly bars cameras and microphones from trials when witnesses are testifying, Merchan must take steps to ensure maximum transparency in the proceedings of the People of the State of New York v. Donald J. Trump, defendant. The People are represented by Manhattan District Attorney Alvin Bragg, but the larger public, both Trump fans and Trump foes, must have access.
Since the venue isn’t being changed to the largest room in Manhattan, Madison Square Garden, what Merchan should do is bring in TV cameras for those portions without testimony by working with state Chief Administrative Judge Joe Zayas. That means televising the opening statements by Bragg’s prosecutors and Trump’s defense lawyers. Ditto for the closing arguments.
While not the whole trial, this is allowed under state law and will provide Americans a window to the historic event while preserving Trump’s right to a fair trial and Bragg’s ability to present his case.
And rather than be a circus, TV cameras for those portions will help reduce the circus atmosphere that we’ve seen in previous Trump trials, with him holding hallway press conferences. Merchan can’t stop Trump from talking and Zayas can’t bar the press or the public from the courthouse, but TV cameras inside for the arguments will reduce the side commentary.
What also needs to be done, as we have urged, and Daily News op-ed contributor Nick Akerman also called for in the Washington Post, is making the trial transcripts available to the public daily. As Akerman wrote, that should apply in Trump’s other trials in federal court in D.C. and Florida.
However, there’s the conundrum that New York State court stenographers, despite being public employees, with full salaries and benefits, sell the transcripts and keep the money personally and are opposed to the publication of the transcripts. That’s just wrong, as public court transcripts are public records, not copyright material and anyone who purchases a transcript should be able to freely publish it.
The stenographers can still pocket the proceeds from selling transcripts, but shouldn’t be able to restrict the use of the transcripts. Zayas and Merchan must side with the public.
The same goes for other documents from the upcoming case, such as briefs and evidence submitted by either side and orders issued by Merchan. All those paper records should be published each day, as Zayas correctly did with Merchan’s 30-page order, upholding Bragg’s charges. But neither Trump’s objections nor Bragg’s rebuttal have been published.
Compare this to Trump’s civil trial, brought by state Attorney General Tish James before Manhattan state Supreme Court Justice Arthur Engoron. That case has 1,703 documents entered on the available-to-all public docket, including many portions of the trial transcripts.
Engoron erred in not allowing TV cameras for the opening and closing statements, but the paper trail is complete, permitting anyone to read at will.
With the higher stakes of Trump’s criminal trial, Merchan should have both TV cameras and a full record of all the transcripts and documents.
