In a recent turn of events, former President Donald Trump erroneously asserted on Thursday that he was barred from testifying in his own defense at a Manhattan criminal trial concerning his alleged falsification of business records. However, he rectified his statement on Friday, acknowledging his right to testify.
Upon exiting the courtroom on Thursday, Trump told the press, “I’m not allowed to testify. I’m under a gag order. I guess, right?” He further added, “I’m not allowed to testify, because this judge, who’s totally conflicced, has me under an unconstitutional gag order.” He lamented about his inability to respond when attacked, reiterating his claim of being under an unconstitutional gag order.
Facts First: Trump’s assertion is incorrect. His right to testify at the trial is entirely his decision. Judge Juan Merchan’s gag order, which strictly limits his out-of-court speech, does not hinder him from testifying. The gag order does not broadly restrict Trump’s speech; he is allowed to interact with the media, speak at campaign events, criticize President Joe Biden and other political adversaries, and even criticize Merchan and the Manhattan district attorney behind the case.
The gag order specifically prohibits Trump from three categories of speech: 1) Publicly discussing or instructing others to discuss known or foreseeable witnesses, particularly their involvement in the case; 2) Publicly discussing or instructing others to discuss prosecutors (excluding Manhattan District Attorney Alvin Bragg), members of the district attorney’s staff and the court staff, or family members of these individuals including Bragg, if those statements are intended to interfere with the case; 3) Publicly discussing or instructing others to discuss jurors or prospective jurors.
On Friday morning, Trump clarified his previous statement, telling reporters, “No, it won’t stop me from testifying. The gag order’s not for testify[ing]. The gag order stops me from talking about people, and responding, when they say things about me.” As court proceedings commenced, Merchan reassured Trump of his “absolute” right to testify and that the gag order “does not prohibit you from taking the stand and it does not limit or minimize what you can say.”
Trump has repeatedly portrayed the gag order as more restrictive than it is. He stated at a Wednesday campaign rally in Michigan that “I’m not even supposed to be, I would say, talking to you, because he gagged me” – a claim that contradicts the gag order which does not prevent him from making a campaign speech. Merchan emphasized in the gag order: “Defendant has a constitutional right to speak to the American voters freely, and to defend himself publicly.”
Trump’s public stance on whether he will testify has fluctuated. After initially stating before the trial that “I’m testifying,” he later suggested in a television interview that he would testify “if it’s necessary.” Thursday marked the first time he publicly claimed he was not allowed to testify. This article has been updated to include Trump’s additional comments.