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FILE - Judge Juan M. Merchan poses in his chambers in New York, March 14, 2024. Merchan is the judge presiding over Donald Trump's hush money trial. He was also the judge in the Trump Organization's tax fraud trial in 2022 and is overseeing a border wall fraud case against longtime Trump ally Steve Bannon. (AP Photo/Seth Wenig, File)

Judge in Trump's hush money case clarifies gag order doesn't prevent ex-president from testifying

The judge overseeing Donald Trump’s New York hush money trial has clarified the gag order pertaining to the ex-president doesn’t prohibit him from testifying on his own behalf

By Meg Kinnard
Published - May 03, 2024, 11:10 AM ET
Last Updated - May 27, 2024, 01:03 AM EDT

The judge overseeing Donald Trump's hush money trial has clarified that the gag order pertaining to the former president doesn't prohibit him from testifying on his own behalf.

Judge Juan M. Merchan started the trial day Friday by making that clarification, apparently responding to comments the Republican former president made after court the day before.

“The order restricting extrajudicial statements does not prevent you from testifying in any way,” Merchan said in court in New York, adding that the order does not limit what Trump says on the witness stand.

The judge's comments came after Trump's statement to reporters Thursday that he was “not allowed to testify” due to the gag order, an apparent reversal of Trump's earlier vow that he would “absolutely” take the witness stand. Criminal defendants have a constitutional right to take the stand and cannot be forced to incriminate themselves.

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