The judge overseeing former President Trump’s criminal prosecution in New York has denied Trump’s attempts to exclude evidence related to the Access Hollywood tape and testimony from key witnesses from his upcoming criminal trial, but prosecutors will not be permitted to play the infamous tape to jurors.
The defense argued Michael Cohen, Trump’s former lawyer, should not be allowed to testify because he has a history of lying, arguing that calling him to the witness stand would amount to suborning perjury.
Judge Juan Merchan rejected the argument.
“This Court has been unable to locate any treatise, statute or holding from courts in this jurisdiction or others that support defendant’s rational that a particular witness should be kept off the witness stand because his credibility has been previously called into question,” Merchan said.
Republican presidential candidate former President Donald Trump speaks to supporters during a rally at the Dayton International Airport, March 16, 2024, in Vandalia, Ohio.
Scott Olson/Getty Images
He also will allow Stormy Daniels to testify since she is the recipient of the $130,000 hush payment at the center of the case, writing, “The probative value of the evidence is evident.“
Merchan also ruled that prosecutors will not be permitted to play the “Access Hollywood” tape — on which Trump is overheard bragging about how he approaches women — to the jury or introduce it into evidence. However, prosecutors are allowed to elicit testimony about the tape and how it prompted Trump to fear its impact on his presidential aspirations.
“Thus, the tape helps establish Defendant’s intent and motive for making the payment to Daniels and then attempting to conceal them,” the ruling said.
Trump is facing 34 felony counts of falsifying business records after being indicted by a Manhattan grand jury.
In court documents unsealed April 4, prosecutors alleged Trump engaged in a “scheme” to boost his chances during the 2016 presidential election through a series of hush money payments made by others and the falsification of New York business records to cover up that alleged criminal conduct.
In a statement of facts accompanying the indictment, Manhattan prosecutors allege Trump made payments to his lawyer to reimburse him for a payment the lawyer made to one woman.
Trump, who has denied all wrongdoing, pleaded not guilty to all 34 counts.
Trump’s criminal trial in New York has been delayed until at least mid-April.
In a recent development in the ongoing legal battle surrounding President Donald Trump’s alleged hush money payments to adult film actress Stormy Daniels, a judge has ruled that evidence from the infamous “Access Hollywood” tape can be used in the trial. The decision marks a significant development in the case, as the tape has been a focal point of controversy since it was released during the 2016 presidential campaign.
The “Access Hollywood” tape, which was recorded in 2005 and features Trump making lewd comments about women, has long been a source of embarrassment for the president. In the tape, Trump can be heard bragging about groping women without their consent, using vulgar language to describe his actions. The release of the tape caused a firestorm of criticism and led to calls for Trump to drop out of the presidential race.
Now, the tape is being brought back into the spotlight as evidence in the hush money trial. The trial centers around allegations that Trump paid hush money to Daniels in exchange for her silence about an alleged affair they had in 2006. Trump has denied the affair and any wrongdoing, but evidence has surfaced suggesting that he was involved in orchestrating the hush money payments.
The judge’s decision to allow the “Access Hollywood” tape as evidence in the trial could have significant implications for the case. The tape could be used to establish a pattern of behavior on Trump’s part, showing a history of inappropriate and potentially illegal actions towards women. This could bolster the prosecution’s argument that Trump was involved in the hush money payments as a way to cover up his past indiscretions.
Additionally, the tape could also be used to undermine Trump’s credibility as a witness in the trial. If Trump takes the stand to testify in his own defense, his past comments on the tape could be used to impeach his testimony and cast doubt on his version of events.
Overall, the decision to allow evidence from the “Access Hollywood” tape in the hush money trial is a significant development that could have far-reaching implications for the case. As the trial moves forward, it will be interesting to see how this new evidence shapes the arguments presented by both sides and ultimately influences the outcome of the case.
