Prosecutor Joshua Steinglass argued that several pieces of evidence related to Trump’s alleged “pressure campaign” meant to “keep witnesses off this stand, at this trial” should be introduced at trial.
Steinglass said Trump’s public commentary amounted to a “thinly veiled effort to intimidate” two of the government’s star witnesses, Michael Cohen and Stormy Daniels.
“The defendant himself has publicly embraced the public strategy of going after his perceived enemies,” Steinglass said.
“These tweets, phone calls and emails” should be permitted, Steinglass said. “It’s a clear effort to raise the cost of cooperation.”
Trump’s public postings, Steinglass argued, demonstrate Trump’s attempts to silence potential fact witnesses and “relate to his consciousness of guilt.”
Trump attorney Todd Blanche pushed back, saying that Trump has been “facing criticism from all sides … the media and others … and he’s defending himself” to his “millions and millions of followers.”
Judge Merchan declined to allow prosecutors to introduce the sexual misconduct allegations a number of women made against Trump during the closing weeks of the 2016 campaign, deciding they’re “complete hearsay.”
However, Merchan said prosecutors are allowed to show the jury videotaped clips of Trump from some of his campaign events in which he appears agitated about some of the allegations.
“This concern over losing female voters was the catalyst for the defendant to lock down the Stormy Daniels story before it became the straw that broke the camel’s back,” prosecutor Josh Steinglass argued.
The defense said unproven accusations of other women whose claims are not part of the criminal trial are “a very prejudicial sideshow.”
The judge agreed that introducing the allegations themselves would not be fair to Trump, but he told prosecutors “You can still use those tapes” of Trump’s campaign appearances. The former president has denied all such allegations.
Trump is leaning back in his chair as he listens to this throwback to the chaotic close of the 2016 campaign, frequently leaning in to tap defense attorney Todd Blanche on the arm to get his attention and then whispering something into his ear.
Prosecutors will not be allowed to play audio or video of the former president’s infamous “Access Hollywood” tape or his video deposition from the E. Jean Carroll defamation case for jurors, Judge Merchan ruled.
Joshua Steinglass, a prosecutor, argued that the words used in the “Access Hollywood” tape was necessary for jurors to get a complete picture of their case. Blanche framed the video as “extremely salacious evidence that’s very, very, very prejudicial.”
On the matter of the “Access Hollywood” tape, Merchan reaffirmed his prior ruling that it should not be played for the jury — but said prosecutors can read Trump’s words aloud.
“It’s not a little point,” Merchan said. “My ruling that we were not to play the tape was, and remains, that the tape itself is so prejudicial — to see Mr. Trump depicted, the words coming out of his mouth, the facial expressions … the tape itself should not come in.”
On the 2005 tape, Trump can be heard saying that “when you’re a star, you can do anything” to women, including “Grab them by the p—-.”
Merchan also said video from Trump’s deposition in E. Jean Carroll’s defamation trial should not be played to the jury.
Judge Merchan heard arguments about whether evidence involving the Trump campaign’s interactions with the National Enquirer and Trump’s alleged affair with former Playboy model Karen McDougal should be allowed at trial. The former president has denied all allegations of the affair.
Trump attorney Todd Blanche argued that the topics are a “sideshow” that threatened to “do nothing but confuse the jury about the actual crime charged.”
Of the McDougal claims, Blanche called them “literally just salacious with no value.”
Merchan ultimately sided with prosecutors on both, saying it would help prosecutors present a “narrative” and “lay the proper foundation” for their case.
The materials are “not illegal or improper,” Merchan said. “I will allow it.”
Merchan did instruct prosecutors not to make references to the fact that Trump’s wife Melania was pregnant at the time of the alleged affair with McDougal.
