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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.
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.
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. //
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.”