Former President Donald Trump‘s Georgia racketeering trial is slated to be televised to millions of people worldwide — but whether that actually happens could be contingent on co-defendant Marks Meadows’s bid to move his case to a much less media-friendly federal courthouse.
Fulton County Superior Court Judge Scott McAfee, who is overseeing the sprawling indictment against Trump and 18 other defendants, said this week he would make all hearings and possible trials available for broadcast on the Fulton County Court YouTube channel. In the backdrop, Trump’s former chief of staff, Meadows, has been pushing to remove his case to the federal court based in Atlanta, which bans the use of cellphones, laptops, and cameras for reporters.
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When asked whether Meadows’s removal bid could jeopardize plans for a televised Trump trial, defense attorney Philip Holloway told the Washington Examiner it’s “too soon to tell.”
“But there’s a lot that has to fall into place before any televised Trump trial,” he added.
At least five defendants, including Meadows, former Justice Department official Jeffrey Clark, and three alternative electors, are asking for their cases to be moved to federal court, a much more concealed and tech-free venue. A summary of their removal filings argues they operated under an official role tying themselves back to the federal government under the “color” of their official duties.
Meadows’s bid to remove his case to federal court means that he and four others may have the transparency of their proceedings subdued, and a potentially more diverse jury pool, compared to the solidly Democratic Fulton County. Meadows took the witness stand Monday during a full-day hearing before U.S. District Court Judge Steve Jones, who is also handling removal motions for the other defendants.
Because of tight restrictions on access to electronics in Jones’s court on Monday, reporters were only permitted to take notes, and even a courtroom transcript from the day won’t be published until Sept. 21 because parties have yet to “Request for Redaction,” according to an Aug. 31 filing in the District Court for the Northern District of Georgia.
Jones said he would try to act “as fast as possible” when considering Meadows’s motion, adding that his decision over the former chief of staff’s request could set precedent for future cases, according to Lawfare.
Trump, who is facing 13 counts and is at the center of the indictment alleging he took part in subverting the 2020 election results in the Peach State, has not filed a motion to remove his case to federal court, though sources familiar with the matter told the Wall Street Journal he is likely to follow.
“If Meadows fails, Trump can still try to remove his case to federal court,” Holloway said. “Most certainly the Trump defense lawyers are watching the Meadows case very closely.”
The judge’s forthcoming decision over Meadows’s removal may signal whether the public will get to watch the former chief of staff live on television or by an online livestream in state court, though Holloway said the ruling is subject to appeal by either losing party, delaying certainty over a televised trial.
“It’s a complicated legal question, particularly as Meadows is concerned. And a ruling in Meadows’s favor leads to other complicated issues such as whether to also remove co-defendants and even whether to remove only certain charges while possibly leaving other charges in the state court system,” Holloway added.
Public visibility of Trump’s two federal criminal cases, one alleging he retained classified materials and the other alleging he schemed to subvert the 2020 election, have been limited to in-person access, transcripts, and courtroom sketches of the former president in federal courts located in Florida and the District of Columbia, respectively.
In his New York case of alleged falsified business records, Judge Juan Merchan made the decision to allow five still photographers to capture images of Trump flanked by his attorneys inside the courtroom before his arraignment. A 48-minute deposition of Trump used in his civil defamation trial against E. Jean Carroll was also released earlier this year and displayed during that trial in March.
Trump’s own counsel in the Washington, D.C., case has welcomed the introduction of cameras in that venue, according to a statement from attorney John Lauro shortly after he was hired in July. Nearly three dozen House Democrats have asked the Judicial Conference, the governing body of federal courts, to allow cameras in the courtroom in that case, though any decision would likely come from Chief Justice John Roberts.
Whether the optics of an eventual live trial helps or hurts Trump is anyone’s guess, said Michael O’Neill of the Landmark Legal Foundation.
“It is entirely possible that Mr. Trump thrives in the media circus that would surround a livestreamed criminal trial and further solidify his standing among Republican candidates for president,” O’Neill said, adding that it may “hurt” him in the general election should he maintain his wide polling advantage and take the GOP primary crown.
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Trump, who is facing 13 felonies for his alleged illegal attempts to overturn the 2020 election in Georgia, entered his not guilty plea on Thursday.
He and the 18 other defendants had arraignments scheduled for Sept. 6, but per a standing order filed this month by McAfee, defendants are able to waive their arraignments and enter not guilty pleas in lieu of physically appearing at the court. Trump, Meadows, and 9 other defendants have filed such waivers as of Friday evening.
