I agree. I liked the Judge’s questioning of who makes the determination of what is picked up with their mics or not? Is it him? Is it the media themselves?
He tried to answer it but he was also trying to walk this (what I think is) a double edged sword in which he is offering additional microphones that have the capability of muting and thereby avoiding a picking up any confidential information being shared and discussed. But the flip-side is that, as the Judge inquired, relying on the person doing that to make that decision. A mic placed at each of the tables will pick up everything, at least for the sound person listening and making those mute / unmute determinations, and it doesn’t (at least it seems to this Court) matter if it is broadcast or not. It’s the fact that possibility is in play with all this additional equipment and relying on external people to follow an Order without being able to, understandably so, verify in real-time if that Order is being followed. The issue is only compounded if and when the hearing is being broadcast live.
