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“Judge Holds Hybrid Hearing for Trump’s Criminal Case, Reinforces Witness Attack Prohibition Rule”

NEW YORK — The judge in Donald Trump’s criminal case will hold a hybrid hearing Tuesday to make doubly sure the former president is aware of new rules that prohibit him from using evidence to attack witnesses.

Trump will not have to appear in court for the afternoon hearing in a Manhattan courthouse, avoiding the gigantic security and logistical challenges that accompanied his arraignment last month.

Instead, the Republican will be connected by video conference, with his face reflected on the courtroom television monitors. His lawyers and prosecutors have yet to appear in person.

Judge Juan Manuel Merchan agreed to the additional step of personally instructing Trump on the restrictions after including them on May 8 in what is known as a protective order.

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Juan Merchán migrated to the US as a child, worked as a delivery boy and has served as an Acting Justice of the New York Supreme Court since 2009.

Trump is allowed to speak publicly about the case, but risks being held in contempt if he uses evidence turned over by prosecutors in the pretrial discovery process to target witnesses or others involved in the case.

Trump pleaded not guilty April 4 to 34 felony counts of falsifying business records related to payments his company made to his former attorney, Michael Cohen.

Prosecutors say those payments were intended to reimburse and compensate Cohen for orchestrating hush money payments during the 2016 campaign to bury allegations of extramarital sexual encounters. Trump denies having extramarital affairs and says the accusation is politically motivated.

Merchan’s protective order prohibits Trump and his lawyers from disclosing evidence to third parties or posting it on social media, and requires that certain confidential material shared by prosecutors be kept only by Trump’s lawyers, not by Trump himself.

Prosecutors sought the warrant 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.

Pointing to Trump’s “special” status as a former president and current candidate, Merchan has made clear that the protective order should not be construed as a gag order and that Trump has the right to publicly defend himself.

Trump’s lawyers are seeking to have his criminal case transferred to federal court. It will continue in state court as it unfolds.

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Rafael Pujols with the details.

2023-05-23 13:04:26


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