Jack Smith wants cameras out of Trump's election trial

Special counsel Jack Smith's team is seeking to prevent the televising of former President Donald Trump's federal election trial, asserting that to do so could undermine the impartial nature of the proceedings.

Trump faces a litany of charges related to his efforts to challenge the 2020 presidential election results. The case is one of two brought against him by Smith. The other stems from his alleged mishandling of classified documents.

The motion comes in response to separate efforts from a group of media organizations and from NBC Universal to televise the trial in light of its historical significance. Smith's team, however, hopes to keep the proceedings behind closed doors, arguing there exists no constitutional right to a televised trial.

In an 18-page filing submitted November 3, the prosecutors asserted that Rule 53 of the Federal Rules of Criminal Procedure bar the televising of the trial. 

"Since its original adoption in 1946, Rule 53 has expressly prohibited the broadcasting of criminal trials in federal court," they wrote. They further argued that such a ban on televised proceedings would not violate the First Amendment.

"[E]very court to have considered the issue has concluded that there is no constitutional right to a televised trial," the prosecutors continued. "As an initial matter, a broadcast ban arguably does not burden speech or implicate the First Amendment in any way."

"The Supreme Court has repeatedly indicated that there is no First Amendment right to broadcast a criminal trial," they went on.

But the media groups argued otherwise, saying "[w]e have never, in the history of our Nation, had a federal criminal trial that warrants audiovisual access more than the federal prosecution of former President Trump for allegedly trying to subvert the will of the people," the Epoch Times reported.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.