NEW YORK — A New York judge said Monday that Manhattan prosecutors can bring up several civil lawsuits involving former President Trump if he chooses to testify in his ongoing criminal trial.
After listening to arguments on Friday, Judge Juan Merchan decided that prosecutors can cross-examine Trump about six of the 13 prior court decisions they wanted to bring up to attack the former president’s credibility in front of jurors.
Merchan ruled that prosecutors are allowed to ask Trump about two court decisions — one by a judge, the other by a jury — saying that Trump defamed E. Jean Carroll by denying her claims of sexual assault.
The judge said prosecutors can also mention the decision in Trump’s civil fraud trial finding that he fraudulently manipulated property values as well as rulings finding that Trump violated the gag order in that case. Trump can also face questioning about a 2018 ruling in a lawsuit against his foundation.
But Manhattan District Attorney Alvin Bragg (D) cannot bring up sanctions imposed against Trump in a lawsuit he filed against Hillary Clinton in Florida, the judge ruled, as well as several other “bad acts” prosecutors desired to cross-examine Trump about.
Merchan’s decision is meant to give Trump’s legal team a clear understanding as it considers whether the former president should take the stand in his defense.
Trump has repeatedly said he will testify, but it would mark a rare step for a criminal defendant. He is not required to take the stand, and jurors are not permitted to hold it against the former president if he does not mount a defense.
During Friday’s arguments, Trump attorney Emil Bove argued that mentioning Carroll’s case, in particular, would be too “salacious” and urged the judge against allowing prosecutors to mention it.
It “pushes the salaciousness onto another level. This is a case about documents,” Bove said.
Assistant District Attorney Matthew Colangelo countered that the defamation verdict included a finding that Trump’s denials of Carroll’s sexual assault claims were “false and published with actual malice,” saying it is relevant as they attempt to damage Trump’s credibility on the stand.
When speaking about Trump’s civil fraud case — where the judge found he conspired to alter his net worth for tax and insurance benefits — prosecutors similarly say they intend to note that the judge in that case determined Trump “repeatedly and persistently” falsified business records, issued false financial statements and conspired to commit insurance fraud.
Trump faces 34 counts of falsifying business records in his New York criminal case, which revolves around a hush money deal made with an adult film actress ahead of the 2016 election. He has pleaded not guilty.
Opening statements are set to begin Monday.
