Court rules in Georgia won’t shield Trump, defendants from recordings, photos

Published 4:37 pm Wednesday, August 16, 2023

ATLANTA — The date is nearing for former President Donald Trump and 18 other defendants in Georgia’s election interference case to turn themselves in to the Fulton County Jail by Aug. 25.

And unlike the criminal proceedings in Trump’s previous three indictments, he will be booked into the jail and photographed. There will also be access to his criminal court proceedings for recording and photographs.

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Fulton County Superior Court Judge Robert McBurney made the announcement in his courtroom Aug. 14 before the grand jury elected to indict Trump and 18 co-conspirators for attempting to overturn the state’s 2020 presidential election results.

“In federal courts, people can go in and watch the proceedings but there’s no federal rule that’s like the equivalent of Rule 22 in Georgia that says there’s a right to actually record and broadcast what you’re seeing,” Clare Norins, assistant clinical professor for the University of Georgia and director of UGA’s First Amendment Clinic.

In Georgia, as it would be in most state courts, recording will be allowed in the courtrooms in the state’s case against Trump and his alleged co-conspirators.

The media and public will have to submit a Rule 22 form, which governs the use of devices to record sounds or images in a courtroom.

“The Georgia constitution says criminal trials shall be open, and it’s the openness of criminal trials in Georgia [that] has been interpreted by the courts to be even broader than under the U.S. Constitution,” said Gerry Weber, a First Amendment attorney in Georgia. “Rule 22 is kind of a parcel of that, ensuring that cameras can be in the courtroom, absent the most extraordinary circumstances.”

Certain exceptions and limitations could be cases involving sexual assault victims, minors testifying or trademark protection, Weber explained.

Anyone planning to record, photograph or film inside the courtroom must get a Rule 22 form approved by the presiding judge.

Forms can be obtained through the Fulton County Clerk of Court website or office.

According to the Radio Television Digital News Association website, “nearly every state in the union has provisions to allow the media to use video cameras and microphones in courtrooms in some circumstances.

“In some, cameras are a routine sight at the trial court level. In others, the state’s appellate courts or supreme court have cameras, operated by the courts themselves. On the federal appellate level, the Second and Ninth Circuits allow the media to use cameras.”

Per Rule 22 in Georgia, judges may require pooled recording to limit the number of devices inside the courtrooms as when it is likely that lack of space may become a factor.

“Under Rule 22, judges have discretion to state ‘Here’s where you can put the camera and this is how many people can come in and record at one time,’” Norins said. “That’s all provided for in Rule 22, which I think is necessary because, like in a situation like these indictments where there’s just such incredible public interest, it could become sort of a zoo.”

Nineteen defendants are listed on the nearly 100-page indictment with a range of felony charges stemming from a months-long coordinated conspiracy to overturn the 2020 elections through the spread of false information, harassment, intimidation and fraud.

Fulton County DA Fani Willis said after the Aug. 14 indictment that she plans to try all of the defendants together.

An Aug. 15, media advisory from Fulton County Sheriff’s Office said that some arraignments and appearances may be virtual as dictated by the presiding judge. The sheriff’s office expects that all 19 defendants named in the indictment will be booked at the Fulton County Jail, located at 901 Rice St. NW in Atlanta.

“Keep in mind, defendants can turn themselves in at any time. The jail is open 24/7,” an Aug. 15 media advisory from the Fulton County Sheriff’s Office states. “Also, due to the unprecedented nature of this case, some circumstances may change with little or no warning.”

At a previous news conference, Fulton County Sheriff Patrick Labat said when booked, Trump’s (and all defendants’) mugshots will be available to the public.

Trump has been indicted in three jurisdictions in the U.S. this year, but has yet to go through the normal booking process when charged with a crime. Trump has been indicted by the State of New York for falsifying business records; by a Florida federal district court for unlawful access for classified documents; and a D.C. federal district court for his alleged involvement in attempts to overturn the 2020 presidential election results in several states.

“Unless someone tells me differently, we are following our normal practices,” Labat said. “It doesn’t matter your status, we have mugshots ready for you.”

Norins said Rule 22 helps foster trust and transparency within the judicial system.

“That helps people accept the outcomes of court cases and criminal prosecutions. Even if people don’t agree with the outcome, they can at least see that it was a fair process and they can understand some of the reasoning behind the outcome,” Norins said.