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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat Judge Merchan Must do First Thing This Morning
In open court but before the jury comes in is make sure Trump and his attorney are aware that the gag order in no way prevents Trump from testifying, if he so chooses.
This proclamation, with the judge affirming that Trump acknowledges that fact and his attorney also affirmatively answers that question serves two purposes. It humiliates both Trump and his attorney, in open court, in front of the press and the attorney's peers. It also protects the judge against an appeal, and he will eliminate Trump's ability to use a poor counsel defense on an appeal against his lawyer.
As an aside. When I watched Trump say that the gag order prohibited his being able to testify and then turn to his attorney it reminded me of when Trump said that maybe we could try injecting disinfectant to rid the human body of covid. The scientists reacted the same way. As absurd as what Trump said, they just nodded.
BoRaGard
(375 posts)And let 'er rip.
We are all ears, even if our noses are pinched.
Dipsy-doodle double dare you, Mr. Smelvis Von Shitzinpants.
Barry Markson
(280 posts)In front of in front of the press and the attorney's peers?
Pototan
(1,269 posts)Patton French
(816 posts)It would not be wise for the judge to do because Trumps comment about the gag order preventing him from testifying is ridiculous and Trump being typically stupid. The judge should ignore it. Its the defendants decision, in consultation with his lawyers, whether or no to testify. Not even the most Trumpian appellate judge would be able to entertain such a baseless argument on appeal. The judge should not take the bait.
Pototan
(1,269 posts)Publicly. With that knowledge, the Judge has to make sure that the defendant is getting adequate counsel
Patton French
(816 posts)I havent seen that. If he did or does, the judge will deal with it, probably in chambers with the attorneys from both sides in an on the record discussion.
Pototan
(1,269 posts)"I can't testify because of the gag order" he turned to his lead Attorney and asked, "Isn't that right?" and the Attorney nodded in the affirmative
Patton French
(816 posts)I would also love public humiliation, but the judge will address it in the most effective way from a legal/appeal issue perspective.
BoRaGard
(375 posts)Only a Republican would do otherwise,
pissing and shitting all over the laws of these United States,
disrespecting America.
Pototan
(1,269 posts)Pototan
(1,269 posts)NEW YORK, May 3 (Reuters) - The judge overseeing Donald Trump's hush money criminal trial said on Friday that a gag order preventing him from commenting about witnesses and jurors does not bar him from testifying in court on his own behalf.
I want to stress to Mr. Trump: you have an absolute right to testify at trial, Justice Juan Merchan said to start the 11th day in Trump's hush money trial.
UTUSN
(70,919 posts)more competently if you disabused him of this and many more misapprehensions." - Hey, dreams is all I've got!1
gab13by13
(21,715 posts)Pototan
(1,269 posts)I'm watching CNN right now (7:06 AM EST) and they're prepping for the trial today.
gab13by13
(21,715 posts)May 17th is Barron's graduation.
Pototan
(1,269 posts)Donald doesn't have a date with a mistress.
Dwild
(4 posts)He should have Trump sent to see a psychiatrist to see if he is mentally capable of standing trial.
The Judge assumes that the Defendant is able to participate in his Defense unless his lawyer claims otherwise.
Pototan
(1,269 posts)Patton French
(816 posts)Trump is an idiot who knows hes in trouble. Hes floundering. The judge is handling everything correctly. It would be wrong to take trumps bait and sink to his perverse level.
Pototan
(1,269 posts)I want to stress to Mr. Trump: you have an absolute right to testify at trial, Justice Juan Merchan said to start the 11th day in Trump's hush money trial.
brooklynite
(95,351 posts)First, it's not the job of the Judge to "humiliate" the Defendant in open Court.
Second, no matter what Trump says, his right to testify exists, and there's no need to reinforce that point unless the Defense lawyers claim that at the Trial.
Patton French
(816 posts)Pototan
(1,269 posts)but it will be the result.
Second. With Trump making a public statement that he can't testify because of the gag order and his attorney nodding affirmatively when Trump asked him, "isn't that right?" I believe it's the Judge's obligation to make sure that the defendant knows his rights and that he's getting proper counsel from his attorney.
The Judge's actions will be out of the presence of the jury, so there would be no harm and will not prejudice the jury.
Patton French
(816 posts)Last edited Fri May 3, 2024, 10:44 AM - Edit history (1)
See my post #9. Trust this judge. Hes up for the task.
Pototan
(1,269 posts)And it's not just Trump's comment, it's his lead attorney's affirmative reaction to Trump's direct question.
onenote
(42,991 posts)You're a big person to reply. I appreciate it.
Pototan
(1,269 posts)I want to stress to Mr. Trump: you have an absolute right to testify at trial, Justice Juan Merchan said to start the 11th day in Trump's hush money trial.
Patton French
(816 posts)You really are a decent person. I'm going to enjoy reading and commenting on your posts.
Pototan
(1,269 posts)I want to stress to Mr. Trump: you have an absolute right to testify at trial, Justice Juan Merchan said to start the 11th day in Trump's hush money trial.
onenote
(42,991 posts)Last edited Fri May 3, 2024, 10:10 AM - Edit history (1)
I doubt the judge will address it unless it is raised by the prosecution and I doubt they'll raise it. To the extent that Trump is pressed by the media to explain his comment -- assuming that happens -- my guess is that he'll claim that the gag order doesn't prevent him from taking the stand, but that it somehow prevents him from giving testimony that attacks the other witnesses. That, of course, is not the case. Once he's sworn in, he can say what he wants, under penalty of perjury, about Michael Cohen, etc etc.
On Edit: Credit to the OP -- Judge Merchan opened today's proceedings by clarifying that the gag order doesn't prevent Trump from testifying.
TwilightZone
(25,573 posts)Otherwise, that's all he'd have time for.
It's also not relevant. As others noted, if his attorneys try to make the claim in open court, that would be the time to address it.
Pototan
(1,269 posts)I want to stress to Mr. Trump: you have an absolute right to testify at trial, Justice Juan Merchan said to start the 11th day in Trump's hush money trial.
onenote
(42,991 posts)Credit to the OP, who was one of the few posters who foresaw this. I'll eat crow for being among the many who didn't think the judge would bring it up.
It feels good to be right once in a while.
I appreciate your recognition.
Tommy Carcetti
(43,243 posts)Good job.