NY vs Trump: The evidence prosecutors can present if former president testifies

Manhattan District Attorney Alvin Bragg may bring up E. Jean Carroll's defamation suit and Attorney General Letitia James' case should former President Trump take the stand, the judge presiding over the trial ruled Monday.

Manhattan district attorney Alvin Bragg arrives at Manhattan criminal court, Tuesday, April 16, 2024, in New York. (AP Photo/Yuki Iwamura)

TRUMP TRIAL: OPENING ARGUMENTS TO BEGIN AS TRUMP FLOUTS GAG ORDER AND ATTORNEY PREVIEWS DEFENSE

Trump has never been convicted of a crime. 

Judge Juan Merchan, who is presiding over the criminal trial, decided Monday that Bragg’s office can bring up information from James’ lawsuit against the former president — including New York Judge Arthur Engoron’s decision that found him liable of fraud. 

Former President Trump looks on at Manhattan Criminal Court during his trial for allegedly covering up hush money payments linked to extramarital affairs in New York City on April 22, 2024. (ANGELA WEISS/Pool via REUTERS)

Merchan also imposed a gag order on the former president in his criminal trial. Bragg has argued that Trump has violated that order more than seven times already and wants him to pay a $1,000 fine per violation, while being warned that any future violations could be punishable with up to 30 days of incarceration. 

Merchan also said Bragg is able to refer to information from Carroll's defamation case against Trump—specifically the finding that Trump "defamed" Carroll by allegedly making false statements. 

New York Attorney General Letitia James arrives outside New York Supreme Court ahead of former President Trump's civil business fraud trial on Monday, Oct. 2, 2023 in New York. (AP Photo/Brittainy Newman)

A federal jury in New York City decided last year that Trump was not liable for rape, but was liable for sexual abuse and defamation. The former president was ordered to pay $5 million in that trial.

Former President Trump appears in court for opening statements in his trial for allegedly covering up hush money payments at Manhattan Criminal Court on April 22, 2024 in New York City. Trump faces 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. (Brendan McDermid-Pool/Getty Images)

Trump has pleaded not guilty to all counts. He has blasted the trial as pure politics, a "political persecution" and maintains his innocence. 

The former president, the first ever to be a defendant in a criminal trial, vowed to "tell the truth" if he takes the stand.

Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.

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