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1 1 (August 14, 2023)

handle is hein.crs/govemmz0001 and id is 1 raw text is: S Congressional ____ Sa Research Service Broadcasting Federal Criminal Proceedings August 14, 2023 The August 1, 2023, criminal indictment of former President Donald Trump has prompted public discussion of whether federal criminal proceedings can be televised or otherwise broadcast to the public. Whether, and potentially how, video of federal court proceedings can be made available has been a topic of interest to policymakers and commentators for decades. The anticipated publicity surrounding the criminal proceedings involving former President Trump has brought renewed attention to the issue, with some lawmakers, observers, and participants calling for the proceedings to be broadcast. While most state courts allow video coverage of courtroom proceedings under certain circumstances, recording and broadcasting of federal court proceedings is much more limited. In particular, subject to limited exceptions, broadcasting of federal criminal proceedings is prohibited. This Insight explains the current authorities that govern broadcasting of federal criminal proceedings, briefly compares the rules for criminal cases with those that apply to federal civil litigation, and concludes with considerations for Congress related to cameras in federal courts. Federal Rules and Practice Regarding Courtroom Video Prior to 1990, the Code of Conduct for United States Judges prohibited any photography or broadcasting of federal cases. The Judicial Conference of the United States then adopted a policy enabling judges to authorize cameras in the courtroom under certain circumstances. Separate procedural rules apply to federal criminal and civil proceedings and affect the use of courtroom cameras. Federal Criminal Cases Former President Trump's criminal case based on the August 1 indictment is proceeding in federal district court. The Federal Rules of Criminal Procedure (Criminal Rules) govern procedure in all criminal proceedings in U.S. district courts, courts of appeals, and the Supreme Court. Federal Rule of Criminal Procedure 53 (Criminal Rule 53) provides: Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs . . . or the broadcasting of judicial proceedings from the courtroom. As authorized in Criminal Rule 53, certain exceptions to this prohibition have been made, generally involving using video technology to facilitate courtroom proceedings rather than to broadcast them. Criminal Rules 5(g), 10(c), 40(d), and 43(b)(2) allow courts to conduct limited categories of criminal Congressional Research Service https://crsreports.congress.gov IN12220 CRS INSIGHT Prepared for Members and Committees of Congress