Former President Donald Trump vowed Friday that he would challenge the “unconstitutional” gag order against him in his New York criminal hush money trial.
Standing outside the courtroom before Day 11 of the trial brought by Manhattan District Attorney Alvin Bragg, Trump said he plans to file a “constitutional motion” or lawsuit against the gag order later on Friday.
Speaking to reporters, Trump clarified comments he made the day before about the gag order, saying it does not prevent him from testifying in the case but the order stops him from “talking about people and responding when they say things about me.”
After court on Thursday, Trump responded to a question about his thoughts on the day’s testimony, saying, “I’m not allowed to testify. I’m under a gag order,” a comment that raised some confusion.
The gag order prevents Trump from making public statements about witnesses, jurors, and some family members of prosecutors and court staff members.
Judge Juan Merchan walked into the courtroom at 9:30 a.m. and began addressing the defense by clarifying that the gag order does not block Trump from testifying on his own behalf, a remark that appeared to address Trump’s comments to the press on Thursday.
“The order restricting extrajudicial statements does not prevent you from testifying in any way,” Merchan said, adding that the order does not in any way limit what Trump says on the witness stand.
Merchan has yet to rule on the latest gag order violations that prosecutors brought against Trump. The former president has already been fined $1,000 for nine separate gag order violations from a previous order this week, and a hearing was held on Thursday, during which the judge appeared poised to fine him for up to three separate violations raised by prosecutors.
Friday afternoon, Trump attorney Todd Blanche clarified he would be appealing the judge’s finding this week that Trump violated the gag order. Blanche said the defense team took issue with penalties for online social media reposts, instances where Trump shared someone else’s post with his followers on Truth Social.
“We’re appealing but we accept the order of the court,” Blanche said, appearing to suggest that they are not challenging the actual terms of the gag order at this time.
Merchan also handed Trump a significant victory in terms of what prosecutors can cross-examine him about if the former president chooses to take the stand later on in the trial. Merchan said prosecutors cannot question Trump about the Tuesday order where he was held in contempt for violating the gag order, saying it would be “so prejudicial it would be very, very difficult for the jury to look past that.”
Trump lawyer Emil Bove resumed cross-examination Friday morning of Douglas Daus, a forensic analyst for Bragg’s office who extracted recording and text messages from two devices of Trump’s former lawyer and fixer, Michael Cohen. Later on, former White House communications director Hope Hicks took the stand.
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The second week of testimony in the hush money case concluded Friday. The prosecution is still setting the stage for testimony from Cohen, who paid porn star Stormy Daniels $130,000 for her silence about an alleged affair with Trump, an act which is at the heart of the 34-count indictment.
Trump has pleaded not guilty to all counts and denies the affair ever occurred.