Trump’s Lawyers Say He Should Be Able To Talk About Evidence in Hush Money Case
Trump’s Lawyers Argue for His Right to Speak About Criminal Case
In a court filing on Monday, Donald Trump’s lawyers argued that he should be allowed to discuss the evidence in the criminal case against him over a hush payment to a porn star. They stated that since others are free to talk about it, Trump should have the same right to tell his side of the story.
First Amendment Rights
Trump’s lawyers also pointed out that he is the leading Republican candidate for president of the United States and has a First Amendment right to speak about the case. They believe that it is not only for his own sake but also for the benefit of the voting public.
Thursday Hearing
The filing came ahead of a Thursday hearing in state court in Manhattan to determine whether Trump should be restricted to using materials turned over to him by prosecutors solely for his defense. The Manhattan district attorney wants to bar Trump from disclosing the material on news or social media platforms without court approval. However, Trump is not expected to attend the hearing.
Reducing Risk of Harassment
Prosecutors have asked for a court order restricting Trump’s use of the evidence because of his attacks on people involved in proceedings against him. They want to reduce the risk of harassment to witnesses and other participants in the case.
Protective Order
Trump’s lawyers proposed a protective order that would prohibit anyone who receives or reviews the materials, including the prosecution team, from copying or disseminating the materials to a third party. They did not object to a prohibition on posting the evidence and other material provided by the prosecution on news and social media platforms.
Charges Against Trump
Trump is charged with 34 counts of falsifying business records to conceal an illegal scheme to influence the 2016 presidential election. As part of the scheme, prosecutors said he asked Michael Cohen to pay Stormy Daniels $130,000 for her silence about an alleged sexual encounter. Cohen was reimbursed through checks that prosecutors said disguised New York election law violations and campaign contribution limits under federal election law.
Trump’s defense counsel noted that key witnesses, former Trump lawyer Michael Cohen and porn star Stormy Daniels, have also attacked Trump and “made a living” out of publicly discussing the case. They added that Manhattan District Attorney Alvin Bragg held a press conference after Trump was arraigned last month, and former prosecutor Mark Pomerantz published a book about the Trump investigation. Both also have made derogatory comments about Trump, they said, with Pomerantz likening him to a mafia boss.
“Trump cannot be the only interested party in this case whose speech about the evidence in the case is restricted by the court,” the lawyers, Susan Necheles and Todd Blanche, wrote.
It remains to be seen whether Trump will be allowed to speak about the evidence in the case or if he will be restricted by the court.
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