Trump trial live updates: Judge affirms 'Access Hollywood' tape can't be played

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.

MORE: Donald Trump is on trial in New York. Here’s what to know about the historic case

Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.

MORE: Who is Juan Merchan, the judge overseeing Trump’s New York criminal trial?

Jury selection could take up to two weeks, with the entire trial expected to last between six and eight weeks.

 

Latest Developments

Apr 15, 11:05 AM

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.

trump trial live updates: judge affirms 'access hollywood' tape can't be played

Former President Donald Trump sits inside a Manhattan criminal court in New York, on April 15, 2024.

“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.

 Apr 15, 11:08 AM

Judge hears arguments over evidence

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.

 Apr 15, 10:30 AM

Judge addresses dispute over jury questionnaire

After blocking Trump’s effort to remove him from the case, Judge Merchan addressed a series of logistical and scheduling matters — including his intention to take two days off next week for Passover.

Merchan then moved on to a more substantial matter: a dispute over how jurors will be questioned and selected. Trump attorney Todd Blanche argued that the jury questionnaire includes “asymmetry” that opens the door for jurors who harbor hostility toward the former president to be seated.

Merchan swiftly denied it. “That is not relevant,” he said. “There is no asymmetry in the questionnaire.”

trump trial live updates: judge affirms 'access hollywood' tape can't be played

Former President Donald Trump attends the first day of his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City on April 15, 2024.

Meanwhile, the former president appears to be listening intently. His eyes appear fixed on the judge at times and, at other times, he is reviewing papers in front of him.

 Apr 15, 11:10 AM

Judge denies motion to recuse himself

After attorneys for each side introduced themselves, Judge Juan Merchan said that before jury selection can begin “there are a couple of loose ends we need to go over before we start.”

The first item, Merchan said, was a pair of motions filed by Trump’s legal team seeking his recusal from the case, citing his past comments in interviews and his daughter’s work with a Democrat-affiliated firm.

trump trial live updates: judge affirms 'access hollywood' tape can't be played

Former U.S. President Donald Trump appears ahead of the start of jury selection at Manhattan Criminal Court on April 15, 2024 in New York City.

The motions, Merchan said, cite “pages and pages of screen grabs, articles, social media posts and the like” that amount only to “a series of inferences, innuendos, and unsupported speculation.”

To call them “attenuated is an understatement,” Merchan said.

Merchan denied the motion and said the court would not address the matter further.

 Apr 15, 10:10 AM

Proceedings are underway

“All rise,” the bailiff announced at 9:59 a.m. ET. “This is the People of the State of New York v. Donald J. Trump.”

And with that, proceedings are underway.

trump trial live updates: judge affirms 'access hollywood' tape can't be played

Former US President Donald Trump attends the first day of his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City on April 15, 2024.

Members of the prosecution and the defense, including the former president, stood briefly as Judge Juan Merchan entered the courtroom and took his seat on the bench.

Manhattan District Attorney Alvin Bragg entered the courtroom shortly before court went into session.

 Apr 15, 9:50 AM

Trump calls trial ‘assault on America’

Former President Trump arrived at the courtroom at 9:32 a.m. flanked by members of his legal team.

In brief remarks to reporters on the way in, he called his criminal trial an “assault on America.”

“Nothing like this has ever happened before,” Trump said, marking his first comments of the day as he becomes the first former American president to face criminal charges.

Video: Donald Trump ‘proud to be here’ at hush money trial

“There is no case,” he said. “This is political persecution.”

Trump also attacked President Joe Biden and said the case should not go forward.

Upon entering the courtroom, he sat at the defendant’s table as his lawyers and court officers buzzed around him.

 Apr 15, 9:24 AM

Members of DA’s team arrive

Several members of the Manhattan district attorney’s office have arrived in the courtroom.

Proceedings are scheduled to begin at 9:30 a.m. ET.

 Apr 15, 9:48 AM

Trump arrives at courthouse

Former President Trump has arrived at the courthouse in lower Manhattan.

He stepped out of his motorcade, waved, and walked into the side entrance.

A small group of supporters and protesters both cheered and booed his arrival.

Video: Trump arrives at New York courthouse to begin hush money trial

 Apr 15, 8:59 AM

Trump en route to courthouse

Former President Trump is en route to the courthouse in lower Manhattan for this morning’s proceedings.

trump trial live updates: judge affirms 'access hollywood' tape can't be played

Former President Donald Trump waves on the day of hush money criminal trial, in New York, April 15, 2024.

The former president left for the the courthouse from Trump Tower in Midtown Manhattan.

 Apr 15, 7:52 AM

Court may start with hearing on Trump testifying

Court this morning may start with a hearing over what prosecutors can ask Trump during cross-examination should he take the stand later in the trial.

The judge would hear arguments from both the people and the defense. The proceedings would then move into jury selection later in the morning.

Prosecutors have indicated they would want to cross-examine Trump on approximately “thirteen different court determinations,” including the recent civil finding that he sexually abused columnist E. Jean Carroll, the criminal conviction of the Trump Organization last year, the finding that he committed a decade of business fraud, and the dissolution of his charity, according to sources familiar with the matter.

The hearing — known as a Sandoval hearing — is standard practice before jury selection and typically occurs when a defendant signals a willingness to testify.

In a filing last month, Trump’s lawyers requested a Sandoval hearing to limit the scope of Trump’s potential cross examination, if he opted to testify.

ABC News’ Katherine Faulders contributed to this report.

Click here to read the rest of the blog.

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