Overlooked in the furor over former Donald Trump aide Hope Hicks’ testimony in a New York criminal trial on Friday, it was a quieter, but no less important event. . This resulted in Judge Juan Machan’s soft-spoken but forceful rebuke of Trump for spreading false claims. Mr. Marchan politely but firmly shot down Mr. Trump’s recent misleading statements, and in doing so gave the dozens of journalists in the courtroom some questions about how to deal with Mr. Trump’s constant lies. provided a hint.
President Trump has refrained from attacking witnesses or jurors since last week, when he was first found guilty of contempt of court on nine counts of violating gag orders in the case. (On Monday, Marchan convicted Trump on his 10th offense, which occurred before he was first found in contempt.) But the former president has not shied away from attacking the truth. After the hearing concluded on Thursday, Trump was asked if he would appear as a witness in his own defense. “I’m not allowed to testify,” he said. “I’m under a gag order–isn’t it?”
At this point, he turned to attorney Todd Blanche, who nodded in confirmation. Trump went on to say, “This judge, completely contradictory, has placed an unconstitutional gag order on me. No one has ever experienced that before.”
Trump probably knew his claims were lies on many levels. Blanche certainly did. First, gag orders are commonly used in high-profile criminal cases to prevent parties from making extrajudicial statements that could affect the integrity of the proceedings. Second, the Appellate Division reviewing Marchand’s study indicated that it agreed with its content, refusing to stay the trial proceedings when examining the constitutionality of the gag order.
Third, and most importantly, the gag order does not prevent Mr. Trump from testifying. Defendants have an absolute right to testify in their own defense in criminal cases. In fact, New York State provides defendants with even more rights than most jurisdictions. For example, state law requires what are known as Sandoval hearings to let defendants know what the prosecution will use against them and to help them decide whether it is in the defendant’s best interest to testify. It is mandatory.
What was really happening on Thursday was clear. President Trump has publicly promised to state his position, but as one of his co-authors (Mr. Eisen) writes in a new book, the former president said testifying was I am definitely aware that this will be a disaster. Prosecutors’ Sandoval motion makes it clear that if Trump testifies, they will file a civil trial against E. Gene Carroll and a civil fraud trial involving him, his sons, and the Trump Organization. . He will be discredited on cross-examination, both because of his tendency to lie and the apparent lack of legal explanation for the allegations in this criminal trial.
Trump wants someone to blame for not taking a stand, which is why he was blaming the gag order and, by extension, the judge. He wants his supporters to believe that the only reason he didn’t testify was because a gag order prohibited him from testifying. This is a deceptive tactic by a former president who has established himself as a peddler of disinformation.
As one of my co-authors (Mr. McQuaid) discusses in his new book, disinformation is the deliberate spreading of false information with malicious intent. Mr. Trump’s actions, as well as Mr. Branch’s, fit this definition. It is clear that they knew this information was false and spread it in an attempt to manipulate voter perception in their favor.
In fact, even Trump may have realized he had gone too far. Asked again about the gag order before court began Friday morning, he said: “The gag order is not for giving testimony.The gag order prevents me from speaking about people.” ” Perhaps he meant to say that it was not his purpose to testify, or perhaps he had some other unfathomable meaning in mind.
Regardless, the misinformation shared on Thursday muddied the waters, and Marchand’s response was a clinic on how to deal with it. First, he reviewed the law. “I want to stress to Mr. Trump that you have an absolute right to testify in court.” Second, the judge did not quote or paraphrase President Trump’s falsehoods, which would have amplified them and risked further dissemination. Instead, he focused on the truth, correctly pointing out that the gag order had nothing to do with his testimony.
Finally, the judge spoke calmly and maintained order in the trial. The disinformation aims to stir up emotion, but Marchand refused to take the bait. The justices then casually decided other mundane evidentiary matters in court, ruling in Trump’s favor on one of them. This was further evidence that Trump is immune to disinformation.
Mr. Marchan showed the wisdom to remain calm, decide legal issues fairly, and not tolerate President Trump’s efforts to undermine public confidence in the legal process. At a time when Trump and many others are constantly spouting disinformation, others can learn from Marchand’s example.
This article originally appeared on MSNBC.com
