Hush money judge throws both sides a 'curve ball' over tricky witness

The judge in former President Donald Trump's criminal hush money trial on Friday managed to surprise both sides of the aisle with his opinion on a problematic potential witness, according to a new analysis.

Justice Juan Merchan heard arguments from Trump's attorneys and Manhattan District Attorney's office prosecutors about how to handle Allen Weisselberg, the former Trump Organization CFO currently serving time in prison on perjury charges, reports Law 360's Stewart Bishop.

"[Merchan] throws something of a curve ball at both sides," Bishop reported from the criminal court where Trump stands accused of falsifying business records.

“We’re kinda jumping the gun,” Merchan reportedly said. “We want to explain why he’s not here without making efforts to compel his appearance?”

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The issue arose after Assistant District Attorney Joshua Steinglass requested permission to introduce into evidence Weisselberg's $2 million severance agreement with the Trump Organization.

That settlement agreement also appeared in New York Attorney General Letitia James' civil fraud action against Trump as proof the former CFO had a financial stake in propping up the former president, legal analyst Lisa Rubin noted at the time.

The severance agreement, dated Jan. 9, 2023, mandates Weisselberg keep quiet about the Trump Organization and buys his silence with eight regular installments, $700,000 of which he has reportedly yet to receive.

Assistant District Attorney Chris Conroy repeated this argument to Merchan on Friday.

"Our view is that Mr. Weisselberg's interests right now are very aligned with the defendant's," Conroy told Merchan. "And this agreement helps to point that out."

Trump's attorney Emil Bove requested the agreement be precluded, arguing it would give the prosecution an unfair advantage.

The prosecution could use the document to argue Weisselberg conspired with Michael Cohen and the defense would be unable to ask Weisselberg if that were true, Bove argued.

This is when Merchan jumped in with a suggestion that did not appear appetizing to either side: calling Weisselberg to the stand outside the presence of the jury.

“We’re not creating any [new] procedure,” Justice Merchan reportedly said. “This is done, I’ve had people put on the stand from jail. Some testify, some refuse.”

Whether or not Weisselberg will be summoned to Trump's courtroom remains uncertain, as Merchan promised to revisit the issue next week.