The judge in Donald Trump’s criminal case is holding a hybrid hearing on Tuesday to make sure the former president is aware of new rules barring him from using evidence to attack witnesses.
Trump will not have to show up in court for the afternoon hearing at a Manhattan courthouse, avoiding the huge security and logistical challenges that accompanied his arraignment last month.
Instead, the Republican will be connected by videoconference, with his face broadcast on the courtroom television screens. His lawyers and prosecutors must still appear in person.
Judge Juan Manuel Merchan agreed to the extra step of personally telling Trump about the restrictions after listing them on May 8 in what is called a protective order.
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Trump is allowed to speak publicly about the case, but he risks being scorned if he uses evidence handed over by prosecutors as part of the pretrial discovery process to target witnesses or others involved in the case. ‘affair.
Trump pleaded not guilty April 4 to 34 counts of falsifying business records related to payments his company made to his former lawyer, Michael Cohen.
Prosecutors say the payments were intended to repay and compensate Cohen for orchestrating silent payments during the 2016 campaign to bury allegations of extramarital sex. Trump denies having extramarital affairs and says the accusation is politically motivated.
Merchan’s protective order prohibits Trump and his lawyers from releasing evidence to third parties or posting it on social media, and it requires certain sensitive documents shared by prosecutors to be kept only by Trump’s lawyers, and not by Trump himself.
Prosecutors sought the order shortly after Trump’s arrest, citing what they say is his history of making “harassing, embarrassing and threatening statements” about people with whom he is embroiled in legal disputes.
Merchan, noting Trump’s “special” status as a former president and current candidate, made it clear that the protective order should not be construed as a gag order and that Trump had the right to publicly defend himself.
Trump’s lawyers are seeking to have his criminal case transferred to federal court. This will continue in state court while this unfolds.
NBC Chicago