Judge Says Trump Has ‘Absolute Right’ to Testify at ‘Hush-Money’ Trial

The judge in the so-called “hush-money” case involving former President Donald Trump said Friday that he can testify in the case and that his gag order won’t apply in that circumstance.

A day earlier, President Trump said that he “is not allowed [to] testify” due to Judge Juan Merchan’s gag order that prohibits him from speaking about certain individuals, including witnesses, involved in the case. “I’m under a gag order. Right?” he asked Thursday, adding that he will again appeal the judge’s gag order.

But on Friday, Judge Merchan appeared to respond to the former president’s comment and suggested that there may have been a “misunderstanding” of his order, adding that it doesn’t prohibit the former president from testifying on his own behalf.

“I want to stress, Mr. Trump, that you have an absolute right to testify,” Judge Merchan said Friday morning in Manhattan before members of the jury entered the courtroom. “It is a fundamental right that cannot be infringed upon.”

“The order restricting extrajudicial statements does not prevent you from testifying in any way,” the judge added to the former president. “Please let your attorney know if you have any lingering doubts,” he added.

When speaking to reporters before heading into court Friday, President Trump appeared to clarify his comments. He noted that the gag order does not stop him from testifying in the case but that the order stops him from “talking about people and responding when they say things about me.”

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Earlier this week, Judge Merchan fined the former president $9,000 for posts he made or re-posted on social media and his campaign website about potential witnesses Michael Cohen and Stormy Daniels, as well as the jury. Prosecutors have also sought to penalize him for comments he made last week to reporters in the courthouse.

Lawyers for President Trump have argued that the gag order, issued earlier this year and later expanded to include members of Judge Merchan’s family, is unconstitutional and violates his First Amendment rights. They have said that as the presumptive Republican presidential nominee, he should be allowed to speak freely, while the former president has decried the case and trial as a sham designed to keep him off the campaign trial.

President Trump said that Judge Merchan is biased, and unfair, and previously noted that his daughter works as a Democratic Party consultant, as his lawyers have filed motions for the judge’s recusal. At the start of the trial, the judge denied a motion to recuse himself and said that he would potentially revisit the matter if an appeals court handed down a ruling.

During remarks to reporters outside the court on Thursday, President Trump noted that he is the Republican Party’s presumptive nominee for president and suggested he’s leading President Joe Biden “by a lot” in the polls. “I’m not allowed to talk?” he asked.

President Trump added, “There’s never been abuse like this before; this conflicted judge ought to get out of this case. He should not be having this case. He gives you nothing. It’s such a rigged court. So I’m not allowed to testify because of an unconstitutional gag order.”

At one point, he looked at his attorney, Todd Blanche, and said that they will again appeal the gag order.

His lawyer on Thursday said that President Trump is at an unfair disadvantage due to Judge Merchan’s order, arguing that his client is running for president and that President Biden can say anything he wants. He noted that President Biden made comments about the New York case during a White House dinner and made a joking reference to Ms. Daniels, who will be a witness in the trial.

“Judge, last weekend, President Trump’s rival, President Biden, said in a public forum, he talked about this trial, and he talked about a witness that’s going to be in this trial. He mocked President Trump. He said Donald has had a few tough days lately, you might call it stormy weather,” Mr. Blanche said on Thursday.

“President Trump can’t respond like he wants to because of this gag order,” the lawyer said before adding that “stormy weather was an obvious reference to Stormy Daniels.”

The 45th president is charged with 34 counts of falsifying business records related to payments to Ms. Daniels during the 2016 campaign in a bid to keep her from making public statements about an alleged affair, which President Trump has denied. He also has pleaded not guilty to the charges.

The Associated Press contributed to this report.