In an unusual move, Judge Juan Merchan has refused to disclose the prosecution’s first three witnesses in advance to Donald Trump’s defense team in his hush money trial.
Assistant District Attorney Joshua Steinglass revealed the move on Thursday, in response to a request from Trump’s attorney Todd Blanche. Steinglass pointed out how much Trump posts about possible witnesses and even jurors, which has already affected jury selection.
“I can’t fault them for that,” said Merchan, agreeing with Steinglass. Merchan is no stranger to Trump’s posting history, as Trump has attacked his daughter in previous weeks, resulting in a gag order. Trump’s defenders have also made the ludicrous claim that he has a constitutional right to attack witnesses and jurors.
Merchan’s decision is an unusual one, according to legal analyst and former prosecutor Renato Mariotti, who noted that it could be more effective than a fine.
Trump is facing 34 felony charges for allegedly paying off adult film actress Stormy Daniels before the 2016 election to cover up an alleged affair. The witness list in the case is said to include several of his former employees from the Trump organization, as well as his longtime White House aide Hope Hicks.
The witnesses who might have the most damaging testimony include Daniels herself, as well as Trump’s former fixer and attorney Michael Cohen, who allegedly made the payments on Trump’s behest. Cohen and Daniels have both been on the receiving end of Trump’s angry Truth Social posts, especially since trial proceedings began.
