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In Trump Staredown With NY Judge, 'Somebody Has To Blink'

Phillip Bantz
May 1, 2024

Marc F. Scholl was quoted in this Law360 article.

A Manhattan prosecutor told Justice Merchan on Tuesday while in conference during the hush money trial that the state wants to cross-examine Trump about his violations of the court's gag order and the contempt findings, should he decide to testify.

The prosecutor's pending request represents "an additional remedy that the judge could use to cajole compliance," noted former New York prosecutor Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC.

The judge might also deny the request and warn Trump that, if he violates the gag order again, he could face cross-examination on the issue, which "should encourage a reasonable person to avoid a further contempt finding and provide Trump with ample notice to modulate his behavior," Scholl said.

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