NEW YORK — The judge in Donald Trump’s criminal case will hold a hybrid hearing Tuesday to doubly ensure the former president is aware of new rules prohibiting him from using evidence to attack witnesses.
Trump does not have to appear in court for the afternoon hearing at a Manhattan courthouse, avoiding the gargantuan security and logistical challenges that came with his indictment last month.
Instead, the Republican is connected via video conference, with his face reflected on the television monitors in the courtroom. Their lawyers and prosecutors must continue to appear in person.
Judge Juan Manuel Merchan approved the additional step of personally briefing Trump on the restrictions after he included them in a so-called protective order on May 8.
Juan Merchán immigrated to the United States as a child, worked as a delivery boy, and has been a sitting judge on the New York Supreme Court since 2009.
Trump is allowed to speak publicly about the case, but risks contempt if he uses evidence provided by prosecutors during the pretrial investigation to target witnesses or others involved in the case.
Trump pleaded not guilty on April 4 to 34 counts of falsifying business records related to payments his company made to his former attorney, Michael Cohen.
Prosecutors say these payments were intended to compensate and indemnify Cohen for staging hush money payments during the 2016 campaign to prevent allegations of extramarital sexual encounters. Trump denies extramarital affairs and says the allegation is politically motivated.
Merchan’s safeguards order prohibits Trump and his attorneys from sharing evidence with third parties or posting it on social media, and requires that certain confidential materials shared by prosecutors be kept only by Trump’s attorneys and not by Trump himself.
Prosecutors requested the warrant shortly after Trump’s arrest, citing a past history of making “harassing, embarrassing and threatening comments” toward people with whom he is involved in litigation.
Noting Trump’s “special” status as a former president and current candidate, Merchan made it clear that the protective order should not be construed as a mouthguard and that Trump has the right to publicly defend himself.
Trump’s lawyers are seeking a transfer of his criminal case to federal court. It will continue in state court as it unfolds.
Rafael Pujols with the details.