Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records to hide the reimbursement of a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
Prosecutors say they may seek to have Trump held in contempt
Following the arguments over alleged witness intimidation, prosecutors signaled they may seek to have Trump held in contempt.
A limited gag order Judge Merchan imposed in recent weeks prohibits Trump from attacking witnesses and others associated with the case.
"Shortly, we will be seeking order to show cause as to why defendant should not be held in contempt," prosecutor Josh Steinglass said, suggesting Trump violated Merchan's order.
Apr 15, 2024, 11:24 AM EDT
DA wants Trump's 'pressure campaign' admitted as evidence
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."
Apr 15, 2024, 11:18 AM EDT
Judge won't allow sexual misconduct allegations
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.
Apr 15, 2024, 11:05 AM EDT
Judge affirms 'Access Hollywood' tape can't be played
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.
Former President Donald Trump sits inside a Manhattan criminal court in New York, on April 15, 2024.
Jeenah Moon/Pool Photo via AP
"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.