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    Home»Court Battles

    Judge corrects Trump’s claim that gag order prevents his testimony

    By Myles UlwellingMay 3, 2024 Court Battles 3 Mins Read
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    The judge in charge of the case involving the hush money paid by former President Trump clarified on Friday that Trump can testify during the trial, correcting his previous statement that a gag order stopped him from doing so.

    Judge Juan Merchan addressed the misunderstanding about the gag order and Trump’s ability to testify at the beginning of Friday’s proceedings, emphasizing the need to clear it up.

    Merchan stressed to Mr. Trump that he has the absolute right to testify at trial, as well as the absolute right not to testify, before the jury was brought in.

    Merchan pointed out that the gag order doesn't stop Trump from testifying and only applies to statements he makes outside of court.

    The judge’s comments came after Trump, speaking to the press after Thursday’s proceedings had ended, was asked about the testimony of Keith Davidson.

    Trump previously stated, “Well I’m not allowed to testify. I’m under a gag order. I guess,” while looking at his attorney, Todd Blanche, who nodded.

    Trump added, “I’m not allowed to testify because this judge, who’s totally conflicted, has me under an unconstitutional gag order. Nobody’s ever had that before, and we don’t like it, and it’s not fair.”

    The former president is prohibited from making public statements about jurors and witnesses regarding their involvement in the case. He also cannot attack court staff, prosecutors, or their families, as well as the families of the judge and district attorney with the intention of interfering with the case. Merchan earlier this week fined Trump $9,000 for repeated violations of the gag order. Trump has previously indicated he is willing to testify at his own trial, including as recently as April 12 after a meeting with Speaker Mike Johnson (R-La.) at his Mar-a-Lago residence in Florida. “Yeah I would testify, absolutely,” Trump said at Mar-a-Lago. “It’s a scam. It’s a scam, that’s not a trial.”

    Trump Zach Schonfeld contributed repeatedly The judge handling former President Trump’s hush money case clarified Friday that Trump is allowed to testify during the trial, correcting the former president’s assertion a day earlier that a gag order prevented him from doing so. Judge Juan Merchan at the start of Friday’s proceedings in the case said it had come to his… at his own trial, including as recently as April 12 after a meeting with Speaker Mike Johnson (R-La.) at his Mar-a-Lago residence in Florida.

    “Yeah I would testify, absolutely,” Trump said at Mar-a-Lago. “It’s a scam. It’s a scam, that’s not a trial.”

    Zach Schonfeld contributed

    Myles Ulwelling

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