Defense seeks gag order exception so Trump can reply to Daniels
Judge Juan Merchand, preparing to hear the defense's request to limit the expected testimony of Karen McDougle, who was paid by the National Enquirer to suppress her claim of a year-long affair with Trump, was told that the motion is no longer necessary.
"The people informed me they no longer intend to call Ms. McDougal," defense attorney Tood Blanche said.
Blanche then argued to Judge Merchan that Trump should be able to respond to Stormy Daniels' testimony, seeking to an exception to the limited gag order that prohibits Trump from targeting witnesses and jurors.
Blanche asked that Trump be "allowed to respond publicly to what happened in court the past day and a half."
"He needs an opportunity to respond to the American people," Blanche said.
Because Daniels is off the witness stand, Blanche argued that Trump's comments about her testimony would not impact the proceedings.
Assistant District Attorney Chris Conroy opposed the request to loosen the gag order.
"It seems as if the other side lives in an almost alternate reality. There is a proceeding here that this order is designed to protect," Conroy said, adding that the appropriate place to respond to testimony is in the courtroom.
"We have seen the fear in some of these witnesses," Conroy added, citing Westerhout's reaction when her personal information appeared on some exhibits. He added that a recent custodial witness had concerns for their safety.
According to Conroy, the fear was Trump's "doing."
Conroy argued that the gag order should protect witnesses before, during, and after their testimony.