Judge Juan Merchan has ruled in favor of a defense argument that it would be too prejudicial for the jury to hear about the contempt order he issued over Donald Trump violating a gag order.
He also denied the prosecution’s ability to cross-examine the former president about the gag order if he chooses to testify in his defense.
Prosecutors said earlier this week they wanted to ask Trump about the judge’s ruling that Trump violated the gag order.
Prosecutor Matthew Colangelo said asking Trump about the gag order violations was “appropriate and allowable” Sandoval evidence.
Merchan however said he agrees with Trump’s attorney Todd Blanche and won’t let the prosecutors ask about the violations.
“For a jury to hear that this court – the same judge that’s presiding over this case – has found Mr. Trump to be in contempt, on this case, I think would just be so prejudicial.”
Some context: A Sandoval hearing involves an examination of the defendant’s criminal history. It is required under New York law when a defendant plans to testify in their own trial and is meant as an indicator of whether it would be a good idea for them to take the stand.
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