Former President Donald Trump's "hush money" trial—over payments made to adult film star Stormy Daniels to cover up an alleged affair between the two—is historic. The first criminal trial of a former U.S. president could have been the sort of television ratings smash that Trump, the reality TV star-turned-leader of the free world, might have raved about.
Except, you can't watch it on television.
Instead, America and the world will be getting updates from a select group of reporters and other observers inside the Manhattan courtroom.
Not for the American viewer, the sight of Donald Trump appearing to fall asleep. Nor Trump's lawyers requesting the former president be allowed a day off to attend his son Barron's graduation in May.
Those hoping for a spectacle akin to the Los Angeles trial of O.J. Simpson in 1995, who was acquitted of murdering his ex-wife and her friend, will have to make do with court sketches.
That's because Judge Juan Merchan has not granted permission for television cameras to broadcast from inside the courtroom. And he can make that call thanks to another celebrity-centered criminal trial that took place nearly 90 years ago.
New York's Courtroom Camera Ban
During the 1935 trial of the man accused of kidnapping and murdering celebrated aviator Charles Lindbergh's baby, chaos reigned as "some 700 writers and broadcasters and 132 still and video cameramen" descended on the courtroom, according to a report by The Fund for Modern Courts.
New York is now one of only two states that does not allow trial proceedings to be broadcast.
Current law prohibits the use of cameras in courtrooms without the judge's approval. This is why there was video from inside the courtroom during Trump's civil fraud trial last year, and some photography during the first day of the "hush money" trial.
The restrictions in place "hinder transparency and limit public access to crucial legal proceedings," according to NYCourtCameras.com, an advocacy group that is calling for reform.
Efforts are underway in the state legislature, where lawmakers introduced a bill to amend the law.
"There's no time to waste in opening the doors of the courthouse to the media and the American public," said State Senator Brad Hoylman-Sigal, who sponsored the bill.
What About Trump's Other Court Cases?
Trump faces charges of conspiring to overturn the 2020 election result in Georgia, where judges can decide whether to allow cameras into their courtroom. The judge overseeing that case, Scott McAfee, has already let hearings involving Fulton County District Attorney Fani Willis be broadcast.
The former president is also facing separate charges on election interference and mishandling classified documents at the federal level. Federal courts do not allow cameras into courtrooms.
Trump has repeatedly denied wrongdoing in all cases.
In November, Trump supported a media request for live coverage of his election interference trial, saying that every person in the U.S. should have the opportunity to study the case firsthand.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Daniel Orton is an editor on the live news team at Newsweek, based in London, UK. He was previously Video ... Read more
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