Judge Allows Trump Fraud Case Questions in Potential Testimony

Judge Juan Merchan ruled on Monday that prosecutors can question former President Donald Trump about the civil fraud case against him and his company if he decides to testify in his ongoing criminal trial. The ruling allows prosecutors to ask about the fraud case, a gag order against Trump in that case, and E. Jean Carroll’s defamation cases against him, which concern her allegations of rape in the 1990s and his denials. However, Merchan did not allow questions about one jury’s ruling that Trump sexually assaulted Carroll, nor did he permit inquiries about Trump’s failed lawsuit against Hillary Clinton or a criminal case involving tax fraud by the Trump Organization.

The ruling followed a “Sandoval” hearing where prosecutors and Trump’s lawyers debated the scope of questioning if Trump takes the stand. Prosecutors wanted to ask Trump about 13 court determinations from six cases, including the fraud case and Carroll’s allegations. Trump’s lawyers argued against bringing up these cases, claiming it would confuse the trial and increase salaciousness.

Trump has expressed his intention to testify, stating, “All I can do is tell the truth. And the truth is that there’s no case.” Despite this, he and his legal team have not made a final decision, likely waiting to see Merchan’s ruling. Former U.S. attorney Joyce Vance suggested Trump may delay deciding “until the moment is close at hand,” noting the risk of cross-examination given Trump’s history of dishonesty.

The trial, set to begin with opening arguments on Monday, is expected to last approximately six weeks. Potential witnesses include Michael Cohen, Stormy Daniels, Rudy Giuliani, Steve Bannon, and Trump’s children. Trump faces 34 counts of falsifying business records related to payments made to Cohen to cover up allegations of an affair with Daniels. He has pleaded not guilty, with legal experts considering a conviction and prison sentence unlikely due to his status as a first-time offender.