The judge overseeing the hush money trial involving former President Donald Trump clarified that the gag order does not prevent Trump from testifying on his own behalf. Judge Juan M. Merchan made this clarification in response to comments made by Trump suggesting that he was not allowed to testify due to the gag order. Merchan emphasized that the order does not limit what Trump can say on the witness stand, as criminal defendants have a constitutional right to testify and cannot be forced to incriminate themselves.
Trump and his lawyers were addressed by Merchan, who stated that there may have been a misunderstanding regarding the gag order. Trump later clarified his earlier comments, stating that the order does not prevent him from testifying but prohibits him from discussing certain individuals and responding to comments made about him. The gag order bars Trump from making public comments about witnesses, prosecutors, court staff, and jurors, but it does not apply to Judge Merchan or Manhattan District Attorney Alvin Bragg.
During a recent campaign event in Michigan and Wisconsin, Trump referred to Judge Merchan as “crooked” for holding him in contempt of court and imposing a fine for making public statements about individuals linked to the criminal case. Trump reiterated his belief that the charges against him are politically motivated and aimed at undermining his potential 2024 presidential campaign. Despite claiming that he is exercising his free speech rights, Trump’s offending posts were removed from his Truth Social account and campaign website.
If Trump continues to violate the gag order, Judge Merchan stated that he would impose an “incarceratory punishment.” The gag order was originally issued in March due to Trump’s history of making threatening and inflammatory remarks about individuals involved in his legal cases. Prosecutors are seeking to directly link Trump to payments made to silence women with damaging claims about him before the 2016 election. While Trump denies any wrongdoing, he faces 34 counts of falsifying internal Trump Organization business records, including invoices and checks that were allegedly used to conceal reimbursements for hush money payments. Trump has expressed his intention to testify at the trial, despite the restrictions of the gag order.
