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New York City prosecutors again made galore references connected Friday to nan leaked Access Hollywood portion wherever erstwhile President Donald Trump made crude comments — aft nan judge reiterated that nan assemblage could not perceive aliases watch nan comments.
Judge Juan Merchan ruled that playing nan portion itself would beryllium overly prejudicial towards Trump, but not nan comments Trump made successful nan 2005 incident that leaked conscionable earlier nan 2016 statesmanlike election. In nan tape, Trump utilized lewd connection astir groping women successful nan beingness of a TV big up of a cameo quality connected a soap opera.
Manhattan District Attorney Alvin Bragg and his squad person made galore references to nan portion — successful tribunal and successful ineligible filings — apparently attempting to make nan lawsuit that nan harm from nan leaked portion was a catalyst for nan $130,000 costs to Stormy Daniels. Trump is charged pinch falsifying business records related to Daniels, whose existent sanction is Stephanie Clifford, to quiet her communicative astir an alleged matter pinch Trump. Trump has many times denied nan affair.
On Friday, Merchan reiterated that nan portion cannot beryllium introduced arsenic grounds aliases played aloud successful nan courtroom because it would beryllium prejudicial to Trump.
NY V. TRUMP: WITNESS SAYS COHEN DREAMED OF WHITE HOUSE JOB DESPITE DENYING AMBITIONS IN HOUSE TESTIMONY
Former U.S. President Donald Trump pinch attorneys Emil Bove (L) and Todd Blanche (R) attends his astatine Manhattan Criminal Court connected May 3, 2024 successful New York City. ((Photo by Curtis Means-Pool/Getty Images))
In March, nan DA based on nan infamous portion should beryllium admissible because "bears straight connected defendant’s intent and motive, some astatine nan clip that he and his confederates made nan Stormy Daniels payoff and later erstwhile they sought to conceal that payment."
"The merchandise of the Access Hollywood Tape caused a panic wrong nan run astir nan defendant’s electoral prospects and yet served arsenic nan catalyst for consummating nan Stormy Daniels payoff," a filing stated.
Last month, Judge Merchan doubled down connected his determination to not play nan video for nan assemblage because it was excessively prejudicial.
But connected Friday morning, nan prosecution again tried to reason that while it was ruled that nan full Access Hollywood portion couldn’t travel into evidence, they wanted nan 2016 Washington Post article that discusses it to travel successful to found nan day that nan article was posted.
Merchan reiterated that he doesn’t want nan video to beryllium shown because it’s excessively powerful of grounds to person Trump’s sound and look associated pinch nan words connected nan video.
On Friday, erstwhile Trump run property caput and White House communications head Hope Hicks testified that Trump’s interest pursuing nan leaked portion centered astir really it would impact his wife, Melania Trump.
HOPE HICKS: COHEN CALLED HIMSELF ‘MR. FIX IT’ ONLY BECAUSE HE 'BROKE IT'
Michael Cohen, erstwhile individual lawyer to US President Donald Trump, right, extracurricular national tribunal successful New York, US, connected Thursday, Dec. 14, 2023. (Yuki Iwamura/Bloomberg via Getty Images)
"He was worried astir really this would beryllium viewed astatine home," Hicks said. "Mr. Trump really values Mrs. Trump’s opinion. She doesn’t measurement successful each nan time, but erstwhile she does…it’s valuable," Hicks testified.
"[I] don’t deliberation he wanted anyone successful his family to beryllium wounded aliases embarrassed astir thing connected nan campaign. He wanted them to beryllium proud of him," Hicks later added.
Her testimony, which she provided to nan tribunal nether subpoena, could undercut nan prosecution’s arguments that nan Trump portion was a catalyst to nan Stormy Daniels costs retired of interest astir really a consequent bad media deed would effect his campaign.
The defense squad based on earlier successful nan time that nan caller determination successful nan lawsuit of nan disgraced Hollywood producer, Harvey Weinstein, could beryllium applicable successful Trump’s case.
Weinstein’s condemnation was precocious overturned by nan New York State Court of Appeals aft nan tribunal granted him a caller trial, saying nan proceedings judge had allowed prosecutors to telephone women who said Weinstein had assaulted them to testify, moreover though their accusations did not specifically subordinate to nan intermezo mogul's charges.
Trump’s defense squad based on that nan prosecution has been attempting to present evidence, including nan Access Hollywood tape, that is not straight related to Trump’s alleged crimes.
The determination to overturn nan Weinstein condemnation relied connected 2 courtroom terms: nan "Molineux rule" and a "Sandoval ruling."
NY V. TRUMP: HOPE HICKS TESTIFIES, PROSECUTORS REFER TO 'ACCESS HOLLYWOOD' TAPE
Trump speaks to members of nan media arsenic he departs his proceedings connected May 3, 2024 successful New York City.
The Molineux norm says that grounds of anterior uncharged crimes aliases acts committed by an individual whitethorn not beryllium entered into grounds successful bid to infer nan guilt of nan defendant.
Such anterior acts whitethorn beryllium entered into grounds for definite different reasons, for illustration establishing intent, aliases knowledge, but specified uncharged acts whitethorn not beryllium entered successful a mode that could taint nan jury’s sentiment arsenic to nan likelihood that nan suspect committed nan crime charged.
In Trump’s case, defense lawyer Todd Blanche based on Friday that grounds is being introduced that does not found elements of nan crime charged, but rather implies Trump’s guilt.
A Sandoval ruling addresses a suspect perchance testifying astatine their ain trial. Prosecutors typically inquire to introduce, and nan defense typically asks to limit, past allegations of behaviour aliases actions by nan defendant.
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A suspect whitethorn take not to attest based connected what nan judge allows prosecutors to mobility nan suspect about. But nan rumor successful Trump’s lawsuit would beryllium whether a suspect was prevented altogether from testifying successful their ain defense by nan allowance of questions from nan charismatic that would prejudice nan jury.
Before adjourning for nan day, some parties continued to talk nan Sandoval norm and what questions Trump could beryllium asked if he testifies.
It's unclear whether Trump will attest later successful nan people of nan unprecedented trial.
Fox News' Kevin Ward, Grace Taggart, Maria Pavovich, Shannon Bream and Kerri Kupec Urbahn contributed to this report.
Brianna Herlihy is simply a authorities writer for Fox News Digital.
