What Judge Merchan Must do First Thing This Morning

[Pototan]

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]

1. Step right up, Mr. Republican Values. Take a seat on the witness toilet.

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]

2. Do you really want the judge to look like a MORON

In front of in front of the press and the attorney's peers?

[Pototan]

3. I'm going to guess that you're being sarcastic

[Patton French]

9. I think he's serious and I agree, though it was a snarky way to respond to your post.

It would not be wise for the judge to do because Trump’s comment about the gag order preventing him from testifying is ridiculous and Trump being typically stupid. The judge should ignore it. It’s the defendant’s 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]

14. What about Trump's attorney agreeing with him?

Publicly. With that knowledge, the Judge has to make sure that the defendant is getting adequate counsel

[Patton French]

18. Has Trump's attorney made a statement agreeing?

I haven’t 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]

19. After Trump said,

"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]

20. Wow, okay. I'm sure the judge will deal with it in a rock solid way.

I would also love public humiliation, but the judge will address it in the most effective way from a legal/appeal issue perspective.

[BoRaGard]

23. A moron? WTF? Because he respects and follows the law?

Only a Republican would do otherwise,
pissing and shitting all over the laws of these United States,
disrespecting America.

[Pototan]

26. Delete Dupe

[Pototan]

33. I told you so

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]

38. Loved it, would have luved it more if he said to the attorney, "Counselor, you would represent your client

more competently if you disabused him of this and many more misapprehensions." - Hey, dreams is all I've got!1

[gab13by13]

4. I thought court was canceled today?

[Pototan]

5. Why did you think that?

I'm watching CNN right now (7:06 AM EST) and they're prepping for the trial today.

[gab13by13]

15. Wrong Friday.

May 17th is Barron's graduation.

[Pototan]

37. Trump will make Barron's Graduation, provided

Donald doesn't have a date with a mistress.

[Dwild]

6. Fitness to stand trial

He should have Trump sent to see a psychiatrist to see if he is mentally capable of standing trial.

[brooklynite]

8. No, no, no

The Judge assumes that the Defendant is able to participate in his Defense unless his lawyer claims otherwise.

[Pototan]

13. I think reply #8 is being sarcastic. (NT)

[Patton French]

12. That won't happen.

Trump is an idiot who knows he’s in trouble. He’s floundering. The judge is handling everything correctly. It would be wrong to take trumps bait and sink to his perverse level.

[Pototan]

27. I told you so

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.

[brooklynite]

7. Absolutely not

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]

10. 100% agree with you. NT

[Pototan]

11. First of all, the humiliation won't be the Judge's intent

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]

16. Nope, the judge is not obliged to respond to every silly Trump comment.

Last edited Fri May 3, 2024, 09:44 AM - Edit history (1)

See my post #9. Trust this judge. He’s up for the task.

[Pototan]

17. I still think he'll address the issue today or at another gag hearing.

And it's not just Trump's comment, it's his lead attorney's affirmative reaction to Trump's direct question.

[onenote]

25. You were right. Others, including myself, were wrong.

[Pototan]

31. Thank you

You're a big person to reply. I appreciate it.

[Pototan]

32. I told you so

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.

[Patton French]

34. I stand corrected!

[Pototan]

36. Patton

You really are a decent person. I'm going to enjoy reading and commenting on your posts.

[Pototan]

28. I told you so

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.

[onenote]

21. My guess as to how Trump will try to explain away his comment -UPDATE

Last edited Fri May 3, 2024, 09:10 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]

22. The judge isn't going to respond to every idiotic thing Trump says outside of court.

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]

29. I told you so

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.

[onenote]

24. Judge Merchan just opened the proceedings by clarifying that the gag order doesn't prevent Trump from testifying

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.

[Pototan]

30. Thank you

It feels good to be right once in a while.

I appreciate your recognition.

[Tommy Carcetti]

35. Called it.

Good job.