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Trump Chided by Judge for Saying Gag Order Bars His Testimony

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May 4, 2024

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The judge overseeing Donald Trump’s hush-money criminal trial corrected the former president for saying a gag order barring him from publicly discussing jurors or witnesses also prevents him from taking the witness stand.

“I want to stress, Mr. Trump, that you have an absolute right to testify,” Justice Juan Merchan said Friday morning in Manhattan before the jury was brought in. “It is a fundamental right that cannot be infringed upon.”

Trump, on trial for allegedly falsifying business records to conceal a hush money payment to an adult-film star before the 2016 presidential election, has regularly criticized the gag order. On Thursday, he told reporters, “I’m not allowed to testify. I’m under a gag order, I guess. I can’t testify.”

The gag order “only applies to extra-judicial statements — that is, statements that are made outside of court,” Merchan told Trump directly. “Please let your attorney know if you have any lingering doubts.”

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