Trump may see witness cellphone evidence in ‘hush money’ case without DA’s permission, judge rules
The New York judge presiding over the case against former President Donald Trump over “hush money” payments to two women has permitted him to review evidence from witness cellphones without prosecutors’ permission — but warned the former president to refrain from posting any information on social media.
Judge Juan Merchan ruled Monday that the 76-year-old Trump and his legal team may “review portions of forensic images of witness cell phones” without the consent of Manhattan District Attorney Alvin Bragg — as long as the material relates to the grand jury indictment, involves any of its witnesses or law enforcement officials, or contains information about the former president.
That would include cellphone evidence from Trump’s former fixer Michael Cohen, who has admitted paying porn star Stormy Daniels $130,000 to buy her silence about an alleged sexual encounter with the real estate mogul in 2006.
Other forensic images taken from witness cellphones are subject to court approval before Trump may view the evidence.
According to Merchan’s order, Trump may not publicly discuss or disclose on social media platforms any of the evidence that Bragg’s prosecutors share with him or his lawyers — but he is free to post his own perspective on the case as well as any evidence from his defense team.
A source familiar with the situation told The Post there was nothing “controversial” about the judge’s ruling.
“There’s a protective order in every single white-collar case in both federal and criminal court in New York,” the person said.
The Manhattan District Attorney’s Office and Trump’s lawyers declined requests for comment.
In a separate civil case, a Manhattan jury began deliberations Tuesday involving rape allegations leveled by the writer E. Jean Carroll against the former president.
Trump took to his Truth Social account Tuesday to attack Carroll and the press for his legal woes.
“Waiting for a jury decision on a False Accusation where I, despite being a current political candidate and leading all others in both parties, am not allowed to speak or defend myself, even as hard-nosed reporters scream questions about this case at me. In the meantime, the other side has a book falsely accusing me of Rape, & is working with the press. I will therefore not speak until after the trial, but will appeal the Unconstitutional silencing of me, as a candidate, no matter the outcome!”
Follow The Post’s coverage on Trump’s indictment
- Melania seen for first time since Trump’s arrest at Mar-a-Lago Easter brunch
- Indictment unsealed: 34 felony counts details yearslong ‘catch and kill’ scheme
- Striking images from Trump’s arraignment day in NYC
- Trump rips Manhattan indictment in primetime Mar-a-Lago speech after NYC arraignment
The Monday ruling was part of a protective order sought by Bragg’s office, which Merchan insisted last week stopped short of a “gag order.”
The order does prevent the ex-commander-in-chief from viewing evidence designated for “limited dissemination” unless in the presence of his lawyers.
The Trump defense team may not “copy, photograph, transcribe, or otherwise independently possess” such evidence either.
Trump became the first former president in US history to face criminal charges for allegedly reimbursing Cohen for the Daniels payment as part of the lawyer’s “retainer agreement,” according to the grand jury indictment.
Bragg’s office charged Trump with 34 felony counts of falsifying business records related to payments to Daniels and former Playboy model Karen McDougal before the 2016 election.
The former president has pleaded not guilty and said he did not have an extramarital affair.
In an upcoming virtual hearing, Trump must listen as the protective order is read and then agree to its terms.
Todd Blanche, one of Trump’s attorneys, also confirmed to The Post the legal team is still seeking to transfer the case to federal court.
