Former Watergate prosecutor Nick Akerman warned that the transparency of upcoming Donald Trump trials would be considerably lacking — and he suggested a solution.
Writing for the Washington Post on Tuesday, the legal eagle explained that judges in the federal trials are likely to nix cameras in the courtroom, but that doesn't mean that the transcripts can't be released.
"Transcripts of trial proceedings are verbatim and contemporaneous records produced by court reporters for every court session, including pretrial conferences," he explained.
"These transcripts accurately record every word uttered by witnesses, lawyers and the judge. Trial lawyers use transcripts extensively as an accurate record that can be referred to while cross-examining witnesses, in final summation arguments to the jury and in arguing potential appeals. Most important[ly] if, during their deliberations, jurors have questions about a witness’s testimony, the trial transcript can be read back to assist the jury in reaching a verdict."
He confessed that there isn't a system for releasing the transcripts to the public; still, doing so would give a truly non-political, non-partisan glimpse into proceedings.
Of those trials that have taken place thus far, the media has been able to live-tweet what was unfolding, but he said that it hasn't "exactly been a paradigm of transparency."
He gave an example that, during the first E. Jean Carroll defamation and sexual assault civil trial, the public never got "a full picture of her case against Trump." The media only pushed out highlights of her testimony.
While the second trial provided a little bit more, the public still was forced to rely on social media updates and legal reporters.
"The complete transcript of her direct testimony and cross-examination, and that of supporting witnesses, would have provided a much clearer picture of why the jury found her credible," argued Akerman.
He also explained that over the three months, the Trump Organization has been on trial for fraud in New York. He alleged a "black hole of information," specifically citing Donald Trump Jr.'s testimony and whether it was supported by other witnesses.
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"Ironically, the one party in that fraud trial who appears to recognize the value of the public release of transcripts is Trump," Akerman explained. "On Jan. 4, weeks after testimony ended, Trump’s lawyers e-filed the complete daily transcripts covering his defense on the case’s public docket sheet in support of his final motion to dismiss the case."
He closed by saying that it might mean a little extra work for court reporters, but that the benefit of information to ensure accuracy is "the best available solution."
