Donald Trump's hush money trial: Judge Juan Merchan says former president has 'absolute' right to testify

MANHATTAN, NEW YORK: The criminal hush money trial of former president Donald Trump resumed on Friday, May 3. The day began with Judge Juan Merchan clarifying the nature of Trump’s gag order violations stating these did not restrict Trump from testifying.

Trump also continued to express his frustration by taking on Merchan and the district attorney Alvin Bragg and also suggested he would file a lawsuit to challenge the constitutionality of his gag order violations. 

Judge Juan Merchan says  Donald Trump can take stand if he wishes 

Merchan asserted that the former president has an “absolute” right to testify if he chooses.

“The order restricting extrajudicial statements does not prevent you from testifying in any way,” Merchan said.

“It does not prohibit you from taking the stand and it does not limit or minimize what you can say,” he added.

Courtroom reporters noted that Trump appeared to look up at Merchan while the judge addressed him but gave "no acknowledgment or response."

Donald Trump’s gag order violations and consequences so far 

Trump is under a gag order that prevents him from making public statements about potential witnesses, jurors, counsel, and others in the case that could interfere with the proceedings. However, it does not prevent him from testifying as per reports.

Trump was found liable for nine gag order violations on Tuesday, April 30, and fined $9,000 with $1,000 for each violation.

At the time, the judge told Trump that a higher fine would be more appropriate but the New York law does not allow him to impose a fine greater than $1,000 per violation.

Therefore, he said, any additional violations would force him to “consider whether in some instances, jail may be a necessary punishment.”

"The defendant is hereby warned that the Court will not tolerate continued willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment,” he said.

Donald Trump plans to file a lawsuit on judge's gag order 'constitutionality'

On Thursday, May 2, after the court session, Trump told the media, “Well I’m not allowed to testify, I’m under a gag order,” before adding, that Judge Juan Merchan, was “totally conflicted.”

On Friday, May 3, Trump once again lashed out at Judge Merchan and District Attorney Alvin Bragg in the courthouse hallway.

Speaking to cameras for a few minutes, Trump said Merchan was trying to take away his constitutional rights.

"The gag order is not to testify. The gag order stops me from talking about people and responding when they say things about me. We have people saying things about me and I'm not allowed to respond," he said.

"So this judge has taken away my constitutional right and as a Republican candidate and somebody that's leading Biden by a lot, I should be able to respond," he continued.

"But this guy's got me with a gag. We're filing, I think today, a constitutional motion to get this up. We'll be filing a lawsuit on the constitutionality of it," he further said.

He also railed against DA Alvin Bragg and Merchan saying they’re both corrupt and a “disgrace to this country” and “this court," NBC News reports. 

“It’s a cabal going on, by the way,” said Trump, adding that they’re trying to get Biden re-elected.

Donald Trump accuses his hush money trial is being made 'as salacious as possible'

Shortly before the witness testimony in the case started on Friday, May 3, Trump also posted on Truth Social. He accused Merchan of making the trial "salacious."

“This Corrupt and HIGHLY Conflicted New York Judge, Juan Merchan, is doing everything in his power to make this trial as salacious as possible," Trump wrote on the Truth Social post.

"Even though these things have NOTHING to do with this FAKE case. He gives us nothing, gives the everything to the Crooked DA, Alvin Bragg. ELECTION INTERFERENCE - BIDEN WITCH HUNT TRIAL!!!” he added.

Trump said that he thinks his team will file a lawsuit challenging the "gag order’s constitutionality" as the former president’s hush money trial continues.