Prosecutors repeatedly reference Trump’s Access Hollywood scandal after judge ruled tape itself ‘prejudicial’

New York Metropolis prosecutors once more built several references on Friday to the leaked Obtain Hollywood tape in which former President Donald Trump built crude comments — right after the choose reiterated that the jury could not listen to or enjoy the reviews.

Choose Juan Merchan ruled that participating in the tape by itself would be extremely prejudicial towards Trump, but not the comments Trump produced in the 2005 incident that leaked just ahead of the 2016 presidential election. In the tape, Trump employed lewd language about groping ladies in the presence of a Tv host forward of a cameo look on a cleaning soap opera. 

Manhattan District Legal professional Alvin Bragg and his group have created several references to the tape — in court and in legal filings — apparently attempting to make the situation that the hurt from the leaked tape was a catalyst for the $130,000 payment to Stormy Daniels. Trump is billed with falsifying business records linked to Daniels, whose serious identify is Stephanie Clifford, to peaceful her story about an alleged affair with Trump. Trump has consistently denied the affair.

On Friday, Merchan reiterated that the tape cannot be released as evidence or performed aloud in the courtroom mainly because it would be prejudicial to Trump. 

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In March, the DA argued the notorious tape ought to be admissible due to the fact “bears straight on defendant’s intent and motive, each at the time that he and his confederates built the Stormy Daniels payoff and later on when they sought to conceal that payment.”  

“The launch of the Access Hollywood Tape triggered a worry within the campaign about the defendant’s electoral potential customers and ultimately served as the catalyst for consummating the Stormy Daniels payoff,” a submitting mentioned. 

Last thirty day period, Judge Merchan doubled down on his choice to not participate in the video for the jury since it was too prejudicial. 

But on Friday morning, the prosecution yet again attempted to argue that even though it was ruled that the complete Entry Hollywood tape couldn’t arrive into evidence, they required the 2016 Washington Write-up write-up that discusses it to come in to create the date that the short article was posted. 

Merchan reiterated that he does not want the online video to be demonstrated simply because it is way too potent of proof to have Trump’s voice and facial area related with the words on the video clip. 

On Friday, former Trump marketing campaign push secretary and White House communications director Hope Hicks testified that Trump’s be concerned pursuing the leaked tape centered all-around how it would have an affect on his spouse, Melania Trump. 

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“He was nervous about how this would be seen at household,” Hicks stated. “Mr. Trump actually values Mrs. Trump’s opinion. She does not weigh in all the time, but when she does…it’s beneficial,” Hicks testified. 

“[I] don’t feel he required any one in his spouse and children to be hurt or humiliated about everything on the campaign. He preferred them to be very pleased of him,” Hicks later on extra. 

Her testimony, which she provided to the court beneath subpoena, could undercut the prosecution’s arguments that the Trump tape was a catalyst to the Stormy Daniels payment out of concern about how a subsequent negative media hit would affect his marketing campaign. 

The protection group argued earlier in the day that the modern conclusion in the situation of the disgraced Hollywood producer, Harvey Weinstein, could be appropriate in Trump’s scenario. 

Weinstein’s conviction was recently overturned by the New York Condition Court of Appeals right after the court docket granted him a new trial, expressing the trial judge had authorized prosecutors to get in touch with women of all ages who stated Weinstein experienced assaulted them to testify, even however their accusations did not particularly relate to the entertainment mogul’s fees.

Trump’s protection crew argued that the prosecution has been attempting to introduce evidence, such as the Access Hollywood tape, that is not right linked to Trump’s alleged crimes.

The selection to overturn the Weinstein conviction relied on two courtroom terms: the “Molineux rule” and a “Sandoval ruling.” 

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The Molineux rule claims that proof of prior uncharged crimes or functions dedicated by an unique might not be entered into evidence in get to infer the guilt of the defendant. 

This sort of prior acts may possibly be entered into evidence for certain other causes, like setting up intent, or knowledge, but these kinds of uncharged functions may possibly not be entered in a way that could taint the jury’s view as to the chance that the defendant dedicated the criminal offense charged. 

In Trump’s circumstance, defense attorney Todd Blanche argued Friday that proof is currently being launched that does not establish aspects of the criminal offense charged, but rather implies Trump’s guilt.

A Sandoval ruling addresses a defendant possibly testifying at their have trial. Prosecutors generally check with to introduce, and the protection normally asks to restrict, previous allegations of behavior or actions by the defendant. 

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A defendant may perhaps decide on not to testify based on what the choose makes it possible for prosecutors to concern the defendant about. But the challenge in Trump’s circumstance would be irrespective of whether a defendant was prevented altogether from testifying in their have defense by the allowance of queries from the prosecutor that would prejudice the jury.

Ahead of adjourning for the working day, equally get-togethers ongoing to talk about the Sandoval rule and what inquiries Trump could be questioned if he testifies. 

It is unclear no matter if Trump will testify afterwards in the training course of the unparalleled trial.

Fox News’ Kevin Ward, Grace Taggart, Maria Pavovich, Shannon Bream and Kerri Kupec Urbahn contributed to this report.