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Cameras in the Courtroom: Recording the Trials [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2023-08-13

There is an agency of the federal government which could demand access to all federal criminal proceedings against former President Donald Trump for the purposes of making a video record of those proceedings: NARA.

The National Archives and Records Administration (NARA) should file a motion to allow them to record all such proceedings on the basis that these are a proper part of the presidential record.

Ordinarily, retention of presidential records ends when a President leaves office. But I think NARA should argue that these court cases are a proper part of the presidential record because they are records of actions taken by Mr. Trump while he was in office or involve property of NARA.

The mission of the National Archives is:

We drive openness, cultivate public participation, and strengthen our nation's democracy through equitable public access to high-value government records.

[See below.]

Recording these court proceedings is consistent with this on multiple levels. It achieves the goal of openness, by making the proceedings available to the public. It cultivates public participation by helping everyone gain access to what is supposed to be an open trial. It strengthens our nation’s democracy by providing facts about the proceedings that would otherwise be difficult for the public to access, allowing the public to make a better informed decision during elections.

Typically, presidential records are available to the public through a FOIA request after five years. However, I think the courts could order and NARA could provide this record to the public earlier. If nothing else, an act of Congress could mandate that. So, I don’t expect this to result in live coverage, on its own, but it would mean there was a permanent video recording of actions in the court.

Once the courts are required to make that recording, it will make it much easier for the public to gain video access. It would put additional pressure on the courts to just open up to cameras for this trial.

The federal courts might not like cameras, but these trials are special in that they involve a former President. The public employed this guy for four years. We have a right to see the evidence presented against him and how that evidence is handled in court. NARA is our representative in making sure there is an accurate and full record of this.

Personally, I don’t think these trials should be broadcast live. I think they should be recorded and that recording made available the following day. This is plenty current enough for the public to see and understand what’s taking place. But it provides time to redact any sensitive information, including stray access to national intelligence, that might slip out during the trial.

I would like to see NARA file this motion now. That way, the preliminary proceedings can be recorded. Wouldn’t you?

NARA Resources

National Archives and Records Administration on Wikipedia

Presidential Records Act (PRA) of 1978

NARA Mission, Vision, and Values

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