Why Trials Like Trump's Must Be Televised

by Alan M. Dershowitz  •  May 15, 2024 at 5:00 am

  • The result of making us rely on partisan secondary sources rather than our own direct observations is inevitable distrust in the justice system. If "Sunlight is the best disinfectant," lack of visibility is a major source of distrust.

  • The framers of the Constitution intended all judicial proceedings to be public – no secret trials. At the time of the framing, public meant open to print journalists. Today, public means audio and video publication.

  • The New York trial of Trump is a national scandal. There is no real crime. The judge has allowed testimony that is highly prejudicial and irrelevant. He has made numerous unfair rulings, of which the prosecution has taken advantage. The public has the right to see this abuse... so that we all can judge for ourselves and not allow possibly biased reporters to judge for us.

The New York trial of Trump is a national scandal. There is no real crime. The judge has allowed testimony that is highly prejudicial and irrelevant. He has made numerous unfair rulings, of which the prosecution has taken advantage. The public has the right to see this abuse... so that we all can judge for ourselves and not allow possibly biased reporters to judge for us. Pictured: Trump speaks to the media at Manhattan Criminal Court on May 14, 2024 in New York City. (Photo by Craig Ruttle/Pool/Getty Images)

If you were flipping between CNN and Fox News following the cross-examination of Stormy Daniels in the New York criminal case against former President Donald Trump, you would have had the impression that the CNN commentator, who professed to be reporting what happened in the courtroom, described a completely different event from what the Fox News reporter, who was also in the courtroom, described. It was as if they had seen two different witnesses and two different lawyers.

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