Northeast
I was inside the court when the judge closed the Trump trial, what I saw shocked me: Alan Dershowitz
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I have observed and participated in trials throughout the world. I have seen justice and injustice in China, Russia, Ukraine, England, France, Italy, Israel, as well as in nearly 40 of our 50 states.
But in my 60 years as a lawyer and law professor, I have never seen a spectacle such as the one I observed sitting in the front row of the courthouse yesterday.
The judge in Donald Trump’s trial was an absolute tyrant, though he appeared to the jury to be a benevolent despot. He seemed automatically to be ruling against the defendant at every turn.
Many experienced lawyers raised their eyebrows when the judge excluded obviously relevant evidence when offered by the defense, while including irrelevant evidence offered by the prosecution.
KEY TRUMP WITNESS, ‘ROLLS-ROYCE’ OF EXPERTS NIXED AFTER JUDGE ‘RESTRICTS’ TESTIMONY
(L-R) John Coale, Chuck Zito, attorney Alan Dershowitz, former New York City Police Commissioner Bernard Kerik, U.S. Rep. Eric Burlison (R-MO), and Kash Patel listen as former President Donald Trump speaks to the media as he arrives in court during his trial for allegedly covering up hush money payments at Manhattan Criminal Court on May 20, 2024, in New York City. Trump faces 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. (Dave Sanders-Pool/Getty Images)
But when the defense’s only substantive witness, the experienced attorney Robert Costello, raised his eyebrows at one of New York Supreme Court Justice Juan Merchan’s rulings, the court went berserk.
Losing his cool and showing his thin skin, the judge cleared the courtroom of everyone including the media.
For some reason, I was allowed to stay, and I observed one of the most remarkable wrong-headed biases I have ever seen. The judge actually threatened to strike all of Costello’s testimony if he raised his eyebrows again.
That of course would have been unconstitutional because it would have denied the defendant his Sixth Amendment right to confront witnesses and to raise a defense.
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It would have punished the defendant for something a witness was accused of doing.
Even if what Costello did was wrong, and it was not, it would be utterly improper and unlawful to strike his testimony — testimony that undercut and contradicted the government’s star witness.
The judge’s threat was absolutely outrageous, unethical, unlawful and petty.
Moreover, his affect while issuing that unconstitutional threat revealed his utter contempt for the defense and anyone who testified for the defendant.
Attorney Alan Dershowitz returns from a break during former President Donald Trump’s trial for allegedly covering up hush money payments at Manhattan Criminal Court on May 20, 2024 in New York City. (Steven Hirsch-Pool/Getty Images)
The public should have been able to see the judge in action, but because the case is not being televised, the public has to rely on the biased reporting of partisan journalists.
But the public was even denied the opportunity to hear from journalists who saw the judge in action because he cleared the courtroom.
I am one of the few witnesses to his improper conduct who remained behind to observe his deep failings.
Even when journalists do report on courtroom proceedings, their accounts must be taken with a grain of salt. When you watch CNN or MSNBC, you generally see an account of a trial that never took place.
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They spin the events so much that reality is totally distorted.
I experienced that distortion firsthand yesterday, when I saw one of my former students and research assistants, a CNN legal analyst named Norman Eisen, during a break and went over to him and asked him about his family. We chatted for a few minutes in the most friendly way.
But NBC, the Daily Beast and other media decided to make up a story about the event. They claimed that I had a spat with my nemesis, rather than a friendly conversation with a former student. Their account was made up, yet it was circulated through the media.
To his credit, Eisen wrote to the media to correct the account, saying that the person sitting next to him would confirm the media’s false reporting. I doubt we will see a retraction.
Former President Donald Trump speaks to the media after arriving for court during his trial for allegedly covering up hush money payments at Manhattan Criminal Court on May 20, 2024 in New York City. (Steven Hirsch-Pool/Getty Images)
This minor incident is simply the tip of a very large and deep iceberg of false reporting about the trial that can only occur because the proceedings are not being televised.
There are television cameras in the courtroom, and they record and transmit every word, but not to the public; only select reporters in the overflow room see what the cameras transmit.
There is absolutely no good reason why a trial of this importance, or any trial, should not be televised live and in real time. Allowing the public to see their courts in action is the best guarantee of fairness. As Justice Louis Brandeis wisely said a century ago, “Sunlight is the best disinfectant.”
When I was a kid growing up in Brooklyn, we used to listen to the colorful account of Dodger games rendered by Red Barber on the radio.
Occasionally when I went to a game and brought my portable radio, I could hear how the “old redhead,” as we called him, colorfully elaborated and exaggerated what was occurring on the field.
Once television came along and everyone could watch the games live, the accounts became far more accurate, because we could see everything for ourselves.
A similar phenomenon would operate if trials were televised; it would force commentators to tell the truth and nothing but the truth.
Today there is no check on partisan reporting of trials and exaggerations and personal opinions are rampant.
The American public is the loser.
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Boston, MA
Historian clears up one of the biggest myths about the Boston Tea Party
When Americans think of the beverage that fueled the American Revolution, they usually picture black tea — but it turns out that green tea was just as popular.
The Founding Fathers and their contemporaries drank both types of tea, Bruce Richardson, the Kentucky-based founder of Elmwood Inn Fine Teas, told Fox News Digital.
British subjects “were as likely to be drinking green tea as black tea, whether you were in Jane Austen [era] England … or you were in colonial Boston,” he added.
“There were five teas, all from China, because that was the only country that was exporting tea,” Richardson said. “And of those five different teas, two of them were green and three of them were black.”
Richardson, a tea historian who works as the tea master at the Boston Tea Party Ships & Museum, said the five types of tea dumped into Boston Harbor in protest of the Tea Act of 1773 included three black varieties — Bohea, Souchong and Congou — as well as the green teas Hyson and Singlo.
Bohea, the most common and least expensive black tea of the era, was often made from older tea leaves harvested after the highest-quality leaves of the season had already been picked.
Most of the tea dumped into Boston Harbor was Bohea, Richardson said — and it was so ubiquitous that he compared it to the way Kleenex has become synonymous with tissues today.
“It was so common that often teapots at the time, or some that I’ve seen, would say Bohea on the side of the teapot,” he said. “If they wanted tea, they’d say, ‘I’ll have a cup of Bohea.’ It was that common.”
Not only did colonial Americans distinguish between green and black tea, they even stored them differently.
“They still wanted their tea time, but they didn’t want to support the British government.”
“The well-to-do people would have a tea caddy – a wooden, beautifully made tea caddy to store their tea in,” he said.
“It was kept under lock and key. And in that tea caddy, [there] would be two compartments, one for green tea and one for black tea.”
Merchants often favored black tea because it held up better during the long voyage from China to Europe and onward to the American colonies, Richardson said.
“The green tea was what China had always drunk,” he said.
“And so they were exporting that as well, but they found that the black tea actually made the voyage better than the green teas.”
Even after many colonists swore off British tea, they kept the ritual of drinking it — or at least a close substitute.
Many patriots brewed so-called “Liberty Teas” made from ingredients such as dried apples, blueberries, chamomile and herbs grown in their gardens.
“They still wanted their tea time, but they didn’t want to support the British government,” Richardson said.
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