Judge Juan Merchan caught former President Donald Trump in an “obvious lie” during his criminal trial related to hush money payments, according to legal analyst Glenn Kirschner. Trump, the leading Republican candidate for the 2024 presidential election, became the first former president in U.S. history to stand trial on criminal charges in March 2023. The charges stem from Manhattan District Attorney Alvin Bragg’s investigation into alleged hush money payments to adult film star Stormy Daniels during Trump’s 2016 presidential campaign. Trump has denied the affair and claims the case is politically motivated.
After a day in court, Trump told reporters that a gag order imposed by Judge Merchan prohibited him from testifying in his defense, calling the gag order “unconstitutional.” The judge clarified in court that Trump was not barred from testifying and that he was free to take the stand if he wished, according to Newsweek’s Katherine Fung.
“I’m not allowed to testify. I’m under a gag order. I guess, right?” Trump told reporters. “I’m not allowed to testify, because this judge, who’s totally conflicted, has me under an unconstitutional gag order.”
Kirschner, a former assistant U.S. attorney, criticized Trump for this “obvious lie” and noted that Trump’s lawyer, Todd Blanche, seemed to tacitly support the false claim. During his YouTube video, Kirschner expressed concern over the role of Trump’s attorney, who was seen standing beside Trump and nodding in apparent agreement during his news conference. Kirschner said Blanche should have corrected Trump instead of appearing to endorse the misinformation. By nodding along with Trump’s statement, Blanche could have been sending a false signal to Trump’s supporters, undermining public confidence in the justice system, according to Kirschner.
Despite the seeming approval by Blanche, it remains unclear whether he agreed that the gag order prevented Trump from testifying or was merely affirming that a gag order existed. Newsweek reached out to Trump’s spokesperson for comment on the situation.
Merchan originally imposed a gag order on Trump, preventing him from making public statements about witnesses and staff involved in the case, as well as their families. The gag order was expanded after Trump made disparaging comments about the judge’s daughter. Trump has already been fined $9,000 for multiple violations of the gag order, and he faces additional hearings for more potential violations.
