The ongoing hush money criminal trial of former President Donald Trump took an unexpected turn on Friday as the judge overseeing the case clarified that Trump has the right to testify in court on his own behalf, despite a gag order preventing him from commenting on witnesses and jurors.
Justice Juan Merchan made the statement at the start of the 11th day of Trump’s trial, after the former president expressed concerns that the gag order would prevent him from testifying. Trump’s legal team is now working to overturn the order, which also prohibits him from making public comments that could interfere with the case.
Merchan previously fined Trump $9,000 for violating the gag order and warned that further violations could result in jail time. The judge also denied a request from Trump’s legal team to vet his trial commentary before posting it online.
The trial centers around a hush money payment made to porn star Stormy Daniels to keep quiet about an alleged sexual encounter with Trump before the 2016 election. Trump has pleaded not guilty to charges of falsifying business records related to the payment.
While the jury has heard from witnesses like lawyer Keith Davidson and former National Enquirer publisher David Pecker, it remains to be seen whether Daniels or Trump’s former lawyer Michael Cohen will take the stand. Prosecutors are keeping witness lists confidential out of concern for their safety.
Despite the salacious nature of the trial, it is considered less significant than other criminal cases Trump faces, including charges related to his 2020 election defeat and mishandling classified documents. A guilty verdict in the hush money trial could impact Trump’s 2024 White House comeback bid, according to Reuters/Ipsos polling.