Former federal prosecutor Andy McCarthy accused New York Judge Juan Merchan of depriving former President Donald Trump of “a fair process” Friday by allowing prosecutors to not reveal who they were going to call as witnesses next.
Former media executive David Pecker of the National Enquirer was on the stand Monday, Tuesday, Thursday and Friday as the prosecution’s opening witness in the trial regarding a $130,000 payout to porn star Stormy Daniels in 2016 as part of a confidentiality agreement. McCarthy noted that by not revealing who would be called next, Merchan was not letting Trump’s lawyers prepare properly to cross-examine them. (RELATED: Jonathan Turley Says Alvin Bragg Is Making Trump’s Immunity Case ‘For Him’)
NEW YORK, NEW YORK – APRIL 23: Former U.S. President Donald Trump returns to the courtroom after a recess in his criminal trial for allegedly covering up hush money payments at Manhattan Criminal Court on April 23, 2024 in New York City. Former U.S. President Donald Trump faces 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. (Photo by Yuki Iwamura-Pool/Getty Images)
“The judge has not forced the prosecutors to at least tell them who the next two or three witnesses are,” McCarthy told Fox News Chief Legal Correspondent Shannon Bream. “This is all posturing over the gag order. The theory behind the gag order, which is an adoption of Democratic partisan talking points, is that even if Trump doesn’t say things that are overtly threatening about witnesses, that his statements are kind of a dog-whistle to all his supporters out there to harass witnesses and therefore they can’t afford to let those names out.”
WATCH:
Merchan imposed an expanded order April 1 after the former President criticized the judge’s daughter, Loren, in multiple posts on Truth Social, including one linking to a New York Post report on clients of Loren Merchan’s firm raising $93 million off Trump’s indictment in the case.
“I really think that at this point there is so much pressure on Trump or so much attrition of Trump’s due process rights, not just within the four corners of this case, but the cumulative effect of all these cases, makes it very difficult for him to prepare a defense in any single one of them,” McCarthy continued. “Now, if you will enforce this gag order in a way that says we have to withhold the names of the witnesses so the lawyers go into the weekend where they have to prepare for next week’s trial and they aren’t being told which witnesses with coming next and who to prepare for cross examination, that’s really not a fair process. But it doesn’t seem that Judge Merchan is as troubled about it as a number of us are with respect to President Trump’s due process rights.”
NEW YORK, NEW YORK – APRIL 23: Former U.S. President Donald Trump speaks to the media outside the courtroom during his trial for allegedly covering up hush money payments at Manhattan Criminal Court on April 23, 2024 in New York City. Former U.S. President Donald Trump faces 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. (Photo by Curtis Means-Pool/Getty Images)
Trump faces a hearing next Thursday to address allegations that he violated the order, following this past Tuesday’s hearing where prosecutors claimed the former President violated the order ten times.
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