Judge's Order Lays Out Groundrules for Blogger Coverage of Libbby Trial

Taped up all around the walls and doors of the First Floor Media Center are copies of the court order regarding media coverage of the Libby Trial. Judge Walton, who is sitting on United States of America v. I. Lewis Libby issued a ruling on January 10th that will govern our member bloggers in covering the trial. For their benefit, as well as readers who are wondering about such details, I share them here.

There are some basic rules that apply to everyone and that bloggers need to know:

- The trial begins each day at 9:30 AM, Monday through Thursday. No Fridays! There will be an hour lunch break starting around 12:30 PM.

- No cameras of any kind (including camera telephones and laptop computer cameras), video cameras of any kind (including video telephones and video cameras connected to laptop computers), and audio recording devices of any kind are not permitted in the Courthouse.

- The original exhibits admitted in evidence and published to the jury will not be available to the public for copying or inspecting. The admitting party shall email a copy of any admitted exhibit that has been published to the jury and not restricted by the Court for dissemination to the media at the end of the trial day.

- Any attempt to contact or interact with jurors, to obtain the location of their residences or job sites, or to otherwise ascertain their identities in any way is strictly prohibited.

- Interviews of trial participants inside the courthouse are prohibited.

- Court expects counsel not to make comments to the media. The Court will not tolerate any attempts to have this case tried in the media.

- Photographic, and video and audio recording or transmission of court proceedings are strictly prohibited.

Beyond that there are parts of the order which highlight why the First Floor Media Center is clearly the best option for bloggers covering the trial. In fact, in my future discussions with the officials within the federal and state courts I will be recommending this approach in the future (assuming that judges are not likely to allow bloggers to sit in the court room and bang away at their laptop.

During discussions last November, I was asked by an official of the court whether MBA bloggers would want to be in the courtroom on in the "overflow" room. There are actually two "overflow" rooms - Courtroom 17 which is next door to Courtroom 16 where the trial will take place and the First Floor Media Center. Informed that the court would provide WiFi internet access and allow laptops for "live reporting" or "live blogging" of the trial, I expressed a preference for the Media Center.

Looking at the judge's order, you can see that being in the courtroom would be highly problematic for a blogger. We would not be allowed to have cameras, cellular telephones, camera or video telephones, tape recording devices, laptops or other electronic devices in the courtroom. We could have to be seated 15 minutes before proceedings begin and remain in the room until there is a recess. If we were late we would be locked out and would forfeit our seat.

While some of the same rules govern Courtroom 17 and the First Floor Media Center are the same as in the courtroom, cell phones are allowed in the Media Center but not the courtroom. More importantly, the judge ordered that "Laptop computers will be permitted for note taking purposes, live written reporting of the proceedings, or blogging only". In other words, the Media Center was specifically set up to accommodate bloggers. While they have not told me this, I believe that this particular part of the order stemmed from my discussions with the court last November.

As I noted the other day, the Media Center is actually perfect - the WiFi internet is good and fast, we have individual chairs not benches, we have tables to serve as "workstations" and we can talk to the people next to us without disturbing anyone in the courtroom.

There are a few items in here that make clear that being bloggers need to understand that being credentialed by the court is serious business - for them and for me as President of the Media Bloggers Association.

- There shall be no broadcasting from Courtroom 17. Any violation of this prohibition may result in the closing of the remote facility and the imposition of contempt sanctions against the violator individually and, if attending in the capacity of an employee or agent, against the employer or principal.

- Photographic, and video and audio recording or transmission of court proceedings are strictly prohibited. Any violation of this prohibition may result in the imposition of contempt sanctions against the violator individually and, if attending in the capacity of an employee or agent, against the employer or principal.

- There shall be no broadcasting from the First Floor Media Center. Any violation of this prohibition may result in the banning of all laptops from the remote facility or the closing of the facility and the imposition of contempt sanctions against the violator individually and, if attending in the capacity of an employee or agent, against the employer or principal. Only credentialed members of the media will be permitted to enter this room.

As the person who actually signed for the credentials, I sure hope our bloggers are taking that I am also on the hook for anything they might do that causes them to be found in contempt.