CLAIM: New York Judge Juan M. Merchan told former President Donald Trump on the first day of his hush money case that he can’t attend his son Barron’s May 17 high school graduation because he must be in court that day.
AP’S ASSESSMENT: False. Merchan said on Monday that he was not prepared to rule on a request from Trump’s lawyers that court be adjourned on May 17 so that Trump can attend the ceremony. He said his decision will depend on how the trial proceeds.
THE FACTS: As he left court following the trial’s first day, Trump said of Merchan, “it looks like the judge will not let me go to the graduation of my son.” Moments later, he expressed displeasure because the trial made it so “that I can’t go to my son’s graduation” and a number of other events, including a U.S. Supreme Court hearing and campaign stops.
Trump then furthered his criticism of the judge on his Truth Social platform, writing in one post both that he “will likely not be allowed to attend” and that “the Judge, Juan Merchan, is preventing me from proudly attending my son’s Graduation.” He wrote in another post less than two hours later that he is “being prohibited from attending.”
Social media users quickly parroted Trump’s claims.
“Leftist NYC Judge won’t allow President Trump to attend Barron’s high school graduation,” reads one X post that had received approximately 20,000 likes and 9,900 shares as of Tuesday. “This is going to backfire huge. The American people are sick of this Marxist tyranny.”
A Facebook video with approximately 25,000 views similarly states: “I never thought I would disrespect a Judge but F**** Justice Juan M. Merchan. This man is the Devil! He said Trump is not allowed to go to his sons graduation.”
Some posts also said that Trump will be arrested if he attends the graduation anyway.
But Merchan has not yet ruled on the matter.
Trump’s lawyers requested on Monday that the trial not be held on May 17 so that the former president may be at the ceremony. A Trump lawyer also requested the trial not be held June 3 so that he can attend his own son’s graduation.
Merchan said he was not prepared to issue a decision on either request, but noted that if the trial proceeds as planned he’s willing to adjourn for one or both days. “It really depends on how we’re doing on time and where we are in the trial,” he said.
The judge will require Trump to attend court in New York next Thursday, while the Supreme Court will be hearing arguments about whether, as a former president, he is immune from prosecution in another of his four criminal cases. Trump is not required to be at the Supreme Court for the arguments.
Merchan read Trump his so-called “Parker warnings” on Monday, informing him that his right to be present at the trial could be revoked if he acted out and that he could be sent to jail for disruptive behavior. Trump said that he understood a warrant for his arrest will be issued if he deliberately fails to appear for the trial, according to a court transcript. This is standard criminal procedure law in New York.
Trump is charged with 34 felony counts of falsifying business records as part of a scheme to bury damaging stories that he feared could hurt his 2016 campaign, particularly as Trump’s reputation was suffering at the time from comments he had made about women.
The former president was back in court Tuesday for the second day of the trial.
Trump is facing charges in three other criminal cases, including two related to the 2020 election. He was ordered on Feb. 16 to pay $335 million in penalties in a civil case for a scheme to dupe banks, insurers and others by inflating his wealth on financial statements, a decision he is appealing.
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This is part of the AP’s effort to address widely shared false and misleading information that is circulating online. Learn more about fact-checking at AP.