Judge Juan Merchan told Donald Trump on Friday morning that he is, in fact, allowed to testify in court while under a gag order, addressing a false claim that Trump made the day before.
“I’m not allowed to testify, I’m under a gag order — I guess, right? I can’t even testify,” the former president told reporters outside the courtroom at his hush money trial Thursday as he turned to his lawyer, Todd Blanche, who appeared to nod and shake his head at the same time.
Trump added: “I’m not allowed to testify because this judge, who’s totally conflicted, has me under an unconstitutional gag order.”
At the start of Friday’s court session, Merchan explained to Trump that the gag order “does not prohibit you from taking the stand” and that the order “only applies to extrajudicial statements.”
This wasn’t the first time that Trump has shown a lack of knowledge about the criminal trial process. Last month, he suggested that arbitrary limits had been placed on his lawyers during the jury selection process, when those limits are based on the law.
This wasn’t the first time that Trump has shown a lack of knowledge about the criminal trial process.
Earlier this week, Merchan fined Trump $9,000 for repeatedly violating the gag order and warned that jail is a possibility for further violations, though Manhattan prosecutors said Thursday that they are not seeking jail time just yet. (My MSNBC colleague Jordan Rubin has questioned the purpose of a gag order if low-level fines are all that prosecutors are willing to seek at the moment.)
Trump has made conflicting statements about whether he will take the stand, which would require him to answer questions under oath before the jury. It’s unclear whether the notoriously verbose defendant will be willing to take that risk.