NEW YORK, NY – In less than three weeks, the first criminal trial of a former United States president will commence. Taking place in Acting Manhattan state Supreme Court Justice Juan Merchan’s courtroom at 100 Centre St., this historic event has drawn attention from both supporters and detractors of former President Donald J. Trump.
The limited seating capacity of the downtown courtroom and New York’s ban on cameras and microphones during witness testimonies present challenges for ensuring transparency throughout the trial. To address this, Merchan should collaborate with state Chief Administrative Judge Joe Zayas to allow TV cameras for certain parts of the proceedings. This would include televising the opening statements by Manhattan District Attorney Alvin Bragg’s prosecutors and Trump’s defense lawyers, as well as the closing arguments.
While this would not cover the entirety of the trial, it is permissible under state law and would provide the public with insight into this historic event while preserving Trump’s right to a fair trial and enabling Bragg to present his case effectively.
In addition to televising critical portions of the trial, it is essential to make the trial transcripts available to the public on a daily basis. This would allow for greater accessibility and transparency. As public court records, these transcripts should be freely accessible to anyone interested in the proceedings. However, it must be noted that New York State court stenographers, despite being public employees, currently sell the transcripts and personally keep the profits. This practice should be discontinued to ensure full transparency.
Furthermore, all documents related to the case, including briefs, evidence, and orders issued by Merchan, should be published each day. This would provide a complete record of the trial and enable the public to review the materials at their discretion. By doing so, it would be possible to minimize any circus-like atmosphere and allow for a more focused and informed discussion of the trial.
In comparison, the civil trial brought against Trump by state Attorney General Tish James, before Manhattan state Supreme Court Justice Arthur Engoron, offers a model of transparency. With over 1,703 publicly available documents on the docket, including parts of the trial transcripts, the public can review the proceedings and gain insights.
Given the higher stakes of Trump’s criminal trial, it is imperative that Merchan ensures both TV cameras and a comprehensive record of all transcripts and documents. This will contribute to the transparency and fairness of the trial, ensuring that the public can engage in informed discussions about this significant event in U.S. history.