In Miami, Press Asks For Cameras, Judge Confiscates Their Phones

A motion by the media to bring the federal judiciary into the 2020s for the Trump trial seems to have prompted a giant step back to the 1990s in the Southern District of Florida.

Yesterday, a coalition of news outlets moved to allow cameras in the courtroom and contemporaneously released recordings of the initial appearance by the former president, who has been indicted on 37 felony counts, along with his valet Waltine Nauta.

"As the Court is aware, this is the first federal indictment ever brought against a former President of the United States. The American public's interest in this case is beyond exaggeration," they wrote.

"First, the coalition requests that the Court permit a limited number of photographs and video recordings in the courtroom and/or the outside corridor before the arraignment," they continued, noting that "Local Rule 77.1 provides judicial discretion to permit limited photographs during 'special proceedings, as approved by a Judge of this Court.'"

"Second, the coalition asks that the Court, immediately following the arraignment tomorrow and in future proceedings in this case, release to the public the recordings that will be made with the Court's own audio recording technology," adding that "Because Mr. Trump has alleged that this entire case is an illegitimate witch hunt, the actions of the judiciary, prosecution, and defense will receive exceptional scrutiny, and any informational vacuum will be filled with wild speculation and conjecture. Complete transparency--in the form of swift availability of audio recordings--will both ensure the integrity and legitimacy of the case and keep Americans informed about this critically important matter."

Almost immediately, Magistrate Judge Jonathan Goodman denied the request.

Noting that he'll have no role in this case and is only answering as the duty judge, Judge Goodman said it would be outside his "lane" to presume to rule about media access to future proceedings. But he observes that Rule 77.1 is traditionally applied to allow photography of naturalization proceedings, which are "special" because of their personal nature, not the public interest in them. And he vows that an expedited transcript will be made available this afternoon.

Then, as if to underscore that the press is barking up the wrong tree, Chief Judge Cecilia Altonaga put out an administrative order stating that "on Tuesday, June 13, 2023, all cellular phones and/or electronic equipment are hereby prohibited for news reporters and other members of the media inside the Wilkie D. Ferguson, Jr. United States Courthouse in Miami."

This would appear to ban members of the media from bringing their phones and/or laptops into the courthouse at all, even to the overflow room where them will be housed during the hearing to watch the proceedings -- i.e., on television. So there will be no live-tweeting or contemporaneous coverage. And while this won't matter much at a ten minute arraignment where Trump will simply say he's not guilty and scowl at the cameras, it will be a massive impediment to covering the case if Judge Altonaga -- or Judge Cannon -- continues this prohibition during the trial in West Palm Beach.

In short, the court is signaling that it does not intend to make accommodation to allow the media to cover this trial, and may in fact work to stymie press access to whatever insane clown f*ckery Judge Cannon is cooking up to bury this case.

Not an auspicious start!

US v. Trump [Docket via Court Listener]

Liz Dye lives in Baltimore where she writes about law and politics and appears on the Opening Arguments podcast.