San Diego Union-Tribune (Sunday)

TRUMP ASKS JUDGE TO TELEVISE ELECTION TRIAL

Prosecutor­s say doing so would violate federal rules

- BY ALAN FEUER & MAGGIE HABERMAN Feuer and Haberman write for The New York Times.

Lawyers for former President Donald Trump have told a judge that she should permit his trial on federal charges of plotting to overturn the 2020 election to be televised live from the courtroom.

It was the first time that Trump has formally weighed in on the issue of whether to broadcast any of the four criminal trials he is facing.

His motion to Judge Tanya Chutkan, who is overseeing the federal election trial in Washington, came after similar requests made by several media organizati­ons and was filed late Friday.

A judge in Georgia who is handling Trump’s state election subversion case has said that proceeding will be televised. But the request to Chutkan is likely to face an uphill battle given that federal rules of criminal procedure — and the Supreme Court — generally prohibit cameras in federal courtrooms.

In the motion, Trump’s lawyers argued that a televised trial was needed because the office of special counsel Jack Smith had “sought to proceed in secret” with the election case, even though the prosecutio­n has attracted enormous attention from the news media, had several public hearings and had countless rounds of court papers filed on a public docket.

The lawyers also used the motion to complain that Trump has been treated “unfairly” by the Biden administra­tion even though the election case — and another federal case in which Trump stands accused of mishandlin­g classified documents — have been overseen by Smith, an independen­t prosecutor.

It is little surprise that Trump, a former reality television star, would want to have the trial broadcast live from U.S. District Court in Washington.

As his testimony this past week in his civil fraud trial in New York has shown, he has opted to pursue a strategy of creating noisy conflict to obscure the legal issues underpinni­ng his cases and to use the proceeding­s to amplify the message of victimhood and grievance that sits at the heart of his reelection campaign.

Trump’s Friday night filing to Chutkan was a sharp turn from his stance on the issue last week when prosecutor­s told Chutkan, at his request, in their filing that his lawyers were taking “no position” on televising the trial.

In that filing, prosecutor­s working for Smith also told Chutkan that televising the trial was “clearly foreclosed” by federal rules.

The prosecutor­s acknowledg­ed that the public and the media had “a constituti­onal right of access” to the trial. But that, they claimed, was “the right to attend a criminal trial — not the right to broadcast it.”

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