The Elizabeth Holmes trial: The defense gets smacked down twice in one day
Prosecutors and defense attorneys are battling over Elizabeth Holmes in her fraud trial, but the news media is also an active litigant in the proceedings. Journalists and their publications have argued three separate matters before the court, reflecting both the high-profile nature of the case and the prominent role that journalism played in the demise of Theranos.
But Carreyrou, always pugnacious in his reporting, fought back in court as well. He filed a motion requesting an exemption from the gag order and his courtroom ban, based on his First Amendment rights as a journalist. His lawyer's brief noted that Carreyrou was the only reporter on the Holmes witness list, and that the defense hadn't subpoenaed him to testify.
The other journalist who filed a motion with the court is Roger Parloff, who wrote a flattering cover story about Theranos in Fortune magazine in 2014, a year before Carreyrou's exposé. Later, Parloff admirably published an extensive story documenting how he had been misled by Holmes. Parloff's articles have become a major plank in the government's case — prosecutors plan to call him as a witness, to demonstrate that Holmes lied to him to mislead investors.
Carreyrou, taking to Twitter, declared total victory."I'm allowed back in the courtroom to cover the Elizabeth Holmes trial," he wrote, noting that Parloff also won his motion."All in all, a good day for the press!"The third journalistic matter before the court was brought by a group called The Media Coalition, consisting of ABC News, Dow Jones, The New York Times, and other media outlets.
Zansberg neatly sidestepped the issue by reminding the judge that his clients"are not appearing as the press" but"are appearing as the people." Indeed, there's no special treatment of the press in Davila's courtroom. Were he to allow media accreditation and reserve seats for reporters — as the US Supreme Court did in its first oral arguments of the coronavirus pandemic — we wouldn't have to queue up along with everyone else.
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