In other words, Mehta is deferring to Google on the need for secrecy.
But this Google trial? By far the most important moment was when Judge Mehta denied a third-party motion to broadcast a publicly accessible audio feed of the trial for fear that information Google wishes wouldn’t be disclosed become public. Indeed, Google lawyers have explicitly argued that the judge should avoid allowing documents to become public solely because it is “clickbait.” To put it differently, the search giant literally argues material should stay sealed merely because if that material is interesting. Imagine if Bill Gates, or say, a routine defendant in any case, could have availed himself of that innovative legal argument!
These arguments should be laughed out of court. And yet, Mehta takes them seriously, which has led to an almost-entirely private trial, deadeningly boring to the public because key documents have been deleted and the important or embarrassing moments are held in secret.
As a result of this monumental decision, the trial is now only available to people who can go to the court in D.C. And yet, even if you can come to the courthouse, it’s hard to see the trial because huge portions are fully sealed. There is often no clear indication beforehand of how long the trial will be sealed for. And when court ends a sealed session and re-opens to the public, it often resumes within a couple minutes of opening the door to the courtroom. This means anyone who wants to watch the public portions of the trial just has to wait outside the courtroom to see when it re-opens. Moreover, even though you can watch the trial from the courtroom or a public overflow room, unless you are in the media room, electronic devices are not allowed.