The judge overseeing Donald Trump's hush money trial clarified that the gag order does not prevent the former president from testifying on his own behalf. Judge Juan M. Merchan made this clarification in court in New York, stating that the order does not limit what Trump can say on the witness stand.
Trump had previously stated to reporters that he was not allowed to testify due to the gag order, but the judge's comments made it clear that Trump is free to testify if he chooses to do so. Merchan emphasized that criminal defendants have a constitutional right to take the stand and cannot be forced to incriminate themselves.
The gag order prohibits Trump from publicly commenting about witnesses, prosecutors, court staff, and jurors. However, it does not apply to Judge Merchan or Manhattan District Attorney Alvin Bragg. Trump had faced a $9,000 fine for violating the gag order by making public statements about individuals connected to the case.
Prosecutors aim to link Trump directly to payments made to silence women with damaging claims about him before the 2016 presidential election. Trump faces 34 counts of falsifying internal Trump Organization business records but maintains his innocence. The charges relate to payments that were recorded as legal expenses but were allegedly reimbursements for hush money payments.
If Trump continues to violate the gag order, Judge Merchan warned that he could face incarceration. The judge issued the gag order in March, citing Trump's history of making threatening and inflammatory remarks about individuals involved in his legal cases.
Despite the legal challenges, Trump has expressed his intention to testify at his trial. He has claimed that the cases against him are politically motivated and aimed at undermining his potential 2024 presidential campaign.
