In both the Menendez and Trump cases, prosecutors are engaging in the questionable tactic of seeking to influence the jury before trial. The photographic display of gold bars and cash in the Menendez case is an image that will remain with everyone who saw it. The same is true of the contrived photographic display by the Justice Department of allegedly classified documents spread on the floor. This “show and tell “was produced by the Justice Department and published in virtually every media outlet in the country.
Both show and tells are wrong. Both are intended to prejudice potential jurors and witnesses and to try the case in the court of public opinion before it is subject to the adversarial process to the courts of law. Both come close to ethically impermissible lines. And both should be opposed by all Americans who care about impartial justice for all defendants.
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