There are no ground rules for covering the indictment of a former president because it’s never happened in our nation’s history. Here are some thoughts on what journalists should do and not do as this case plays out, and some tips on how Americans should process the flood of information headed their way.
Yes, the indictment is shocking and violates precedent but that doesn’t make it wrong. Donald Trump violated many norms as a candidate and a president. He has flouted convention at nearly every turn, causing damage to many of our democratic systems. It stands to reason that if our democratic system is going to hold up, it will have to do some things that normally aren’t done - some things that are uncomfortable for all of us.
Tip #1: Journalists need to show restraint in reporting Trump’s bombastic statements. There will be an understandable desire to be fair and report his side of the story. But when the only thing we have to go on is his written statements on social media, that’s tantamount to handing him the microphone or the reporter’s notebook. A written statement doesn’t allow reporters to ask questions, to challenge his statements or to seek clarification. It’s a one-sided communication. That’s not journalism. That’s PR spin. When his social media posts go so far over the line, by urging citizen protests, promising “death and destruction” if he’s indicted, I would severely limit his ability to encourage yet another violent protest against our country. Wasn’t once enough?
Tip #2: Reporters and news consumers should stay focused on the alleged crimes. Trump defenders so far are all making process arguments. “It’s a political prosecution.” “It happened long ago.” They don’t want to talk about the allegations themselves. At this point we don’t have specifics, other than it an alleged political payoff to an adult film star, to keep her quiet about an affair. Remember that this alleged payoff came immediately after release of the Access Hollywood audio tape where Trump bragged about sexually assaulting women and being able to get away with it because he’s a celebrity. That happened in the final month of the 2016 campaign. One more salacious allegation of an affair with a porn star could have peeled off unknown numbers of evangelical voters. Or women voters. Keeping that information out of voters’ hands means Trump cheated to win. In an election where he lost the popular vote and won narrowly in the electoral college, that’s important.
Tip #3: Reporters must make every effort to be fair and report a wide variety of opinions about the indictment. Case in point: a story in today’s Des Moines Register offering Iowa reaction to the indictment quotes Governor Kim Reynolds calling the case a “sham” and Senator Chuck Grassley calling it “weak”. The story then quotes Congresswoman Ashley Hinson, Attorney General Brenna Bird, Senator Joni Ernst and Iowa Republican party chair Jeff Kaufmann all saying pretty much the same thing. That’s reaction from SIX Republicans. Not one Iowa Democrat is included. Granted, there aren’t a whole lot of Democratic office holders in Iowa these days, but the reporter couldn’t find Democratic party chair Rita Hart or Hillary Clinton supporter who might want to talk about the impact of the alleged payoff on the 2016 campaign? Journalists need to be better than that, and readers need to call out a lazy effort when they see it.
While I’m on the subject of Senators Grassley and Ernst, journalists should not report their comments on the case by simply grabbing their Twitter feeds. If the senators want to comment on the case, they should do so in a forum where reporters can ask challenging questions, such as why they both voted twice to acquit Trump in impeachment trials. Grassley and Ernst have no room to complain about the criminal justice system stepping in to protect democracy when they lacked the courage to do so through the political process.
Tip #4: Let’s all take a deep breath. The New York indictment, plus possible federal and Georgia indictments, means Trump is once again going to be at the center of the media universe for years to come. He may not love being indicted but he surely loves being the center of attention. I’m an avid news consumer but I can only take so much of this stuff. Let’s all vow to take a walk in the woods, read a book or listen to some music so as not to get too fixated on the media circus.
On another topic, a Delaware judge on Friday declined to grant either Fox News or Dominion Voting Systems a summary judgment, so Dominion’s defamation trial looks like it’s headed to court in a few weeks. The judge rejected much of Fox’s defense strategy, writing “The evidence developed in this civil proceeding…is CRYSTAL clear that none of the statements related to Dominion about the 2020 election are true.”
The Society of Professional Journalists, which would normally support a media entity sued for defamation, issued a strong statement this week criticizing Fox News. It reads in part, “Text messages, emails and other recently disclosed court evidence in this case appear to show that popular prime-time Fox News hosts, with support from network executives, gave their viewers false and misleading information, apparently out of concern that fact-based reporting would damage the company’s brand, allowing competitors to siphon away viewers.”
“News organizations have a fundamental obligation to be honest in the reporting and opinion they disseminate. It is unprofessional, unethical and potentially harmful for a journalist or news organization to deliberately mislead their audience, no matter the motivation or format.”
Amen to that.
There are lazy efforts everywhere. Elected state, local and county officials without term limits ensures distance from those who are neither politically connected directly nor working for a high-profile organization.
Thoughtful, sensible column. Our democracy is not designed to deal with a malignant narcissist so our nation’s various institutions are being stretched beyond anyone’s imagination. That makes restraint challenging.