Trump Falsely Claims He Isn't 'Allowed' to Testify at Hush-Money Trial

Former President Donald Trump has falsely claimed that his hush-money trial gag order means that he isn't "allowed" to testify as part of his defense.

New York State Supreme Court Justice Juan Merchan hit the former president with a limited gag order that prohibits him from speaking about jurors, witnesses, court staff and their family members. The order does not, however, have any impact on Trump's right to testify in the criminal trial that marks the first of a former president in U.S. history.

While addressing the press outside the Manhattan courtroom on Thursday, Trump insisted that the gag order would block his testimony after being asked when he intends to take the stand. The ex-president's lawyer Todd Blanche appeared to nod in agreement while the false claim was made.

"Well, I'm not allowed to testify, I'm under a gag order I guess, right?" Trump said while turning toward Blanche. "I can't even testify ... No, we're going to be appealing the gag order. I'd love to answer that question ... but I'm not allowed to testify."

"It's such a rigged court," he continued. "I'm not allowed to testify because of an unconstitutional gag order. We're appealing the gag order and let's see what happens."

Newsweek reached out for comment to Blanche via email on Thursday night.

Legal experts were quick to point out that gag orders, including Merchan's order pertaining to Trump, never prevent criminal defendants from testifying during their trials.

"The gag order has nothing to do with that," lawyer Karen Friedman Agnifilo said during a CNN appearance. "Of course [Trump] can testify. He has an absolute right to testify and he is not restricted in terms of what he can talk about as long as it's relevant, admissible evidence."

"The gag order has nothing to do with his testimony at trial, perhaps he's confused about that," she continued. "It only talks about statements outside of court."

Some suggested on social media that Trump was attempting to back out of a previous pledge to testify at the trial by concocting an "excuse." Others expressed concerns that a genuine misunderstanding about his rights at trial could form the basis of a successful appeal if he is convicted.

"A conviction can be overturned on appeal if a defendant can show that he didn't understand his right to testify at a criminal trial," former federal prosecutor Ron Filipkowski wrote in a post to X, formerly Twitter. "It is common for a judge to now question the defendant directly about his understanding of his right to testify which Merchan should do now."

"Since Todd Blanche nodded his head yes when Trump claimed that his right to testify has been taken away because of the gag order, Merchan must start the day tomorrow inquiring of Trump's understanding AND whether Blanche misadvised him on his 5th Amendment rights," Filipkowski added in another post.

Trump has pleaded not guilty to 34 felony counts of falsifying business records in New York. He has also pleaded not guilty to 54 other felony charges across three additional criminal cases.

The former president claims to be the victim of political "persecution" and "election interference" as he seeks a return to the White House by winning an expected election rematch with President Joe Biden in November.