Trump Falsely Claims ‘I’m Not Allowed to Testify’ Because ‘I’m Under a Gag Order’

 

Former President Donald Trump falsely claimed he is unable to testify in his own defense because he is under a gag order.

Judge Juan Merchan indeed issued a gag order on Trump, but it does not bar him from testifying in his own defense if he were to so choose.

The former president is on trial in Manhattan on 34 criminal counts of falsifying business records to conceal hush money payments to cover up extramarital affairs. He has pleaded not guilty to all counts.

Merchan’s order is intended to prevent Trump from attacking witnesses and jurors, as well as court staff and their families. The order does not cover Merchan himself, who expanded his previous gag after Trump went after his daughter on social media. This week the judge ruled Trump violated the order and fined him $9,000. Merchan also warned Trump he could be sent to jail if he continues to violate the order.

After court adjourned for the day on Thursday, Trump emerged from the courtroom and addressed reporters before taking questions. One reporter inquired about Trump testifying, but the question was mostly inaudible.

“Well, I’m not allowed to testify,” Trump replied before turning toward his attorney Todd Blanche. “I’m under gag order I guess, right? I can’t even testify.”

Blanche nodded his head somewhat ambiguously.

“We’re gonna be appealing the gag order,” Trump continued. “I’d love to answer their questions. They’re very easy questions. The easiest questions so far. But I’m not allowed to testify because this judge, who’s totally conflicted, has me under an unconstitutional gag order Nobody’s ever had that before. And we don’t like it and it’s not fair.”

Though the gag order restricts Trump’s speech as described above, it does not prevent him from availing himself of his constitutional right to testify in his own defense. The former president has previously claimed he would testify in this venue and others, only to back out. With the gag order in place last month, Trump nonetheless claimed two weeks ago he will testify in this case. That drew a fair amount of skepticism from legal experts, who predicted that Trump would make up an excuse as to why he wouldn’t testify.

CNN fact checker Daniel Dale said Trump’s claim that he cannot testify is “just conjured out of thin air.”

Watch above via Fox News.

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Mike is a Mediaite senior editor who covers the news in primetime. Follow him on Bluesky.