Former U.S. President Donald Trump with attorneys Emil Bove (L) and Todd Blanche (R) attends his at Manhattan Criminal Court on May 3, 2024 in New York City. ((Photo by Curtis Means-Pool/Getty Images))
In March, the DA argued the infamous tape should be admissible because "bears directly on defendant’s intent and motive, both at the time that he and his confederates made the Stormy Daniels payoff and later when they sought to conceal that payment."
"The release of the Access Hollywood Tape caused a panic within the campaign about the defendant’s electoral prospects and ultimately served as the catalyst for consummating the Stormy Daniels payoff," a filing stated.
Last month, Judge Merchan doubled down on his decision to not play the video for the jury because it was too prejudicial.
But on Friday morning, the prosecution again tried to argue that while it was ruled that the entire Access Hollywood tape couldn’t come into evidence, they wanted the 2016 Washington Post article that discusses it to come in to establish the date that the article was posted.
Merchan reiterated that he doesn’t want the video to be shown because it’s too powerful of evidence to have Trump’s voice and face associated with the words on the video.
On Friday, former Trump campaign press secretary and White House communications director Hope Hicks testified that Trump’s worry following the leaked tape centered around how it would affect his wife, Melania Trump.
HOPE HICKS: COHEN CALLED HIMSELF ‘MR. FIX IT’ ONLY BECAUSE HE 'BROKE IT'
Trump speaks to members of the media as he departs his trial on May 3, 2024 in New York City.
The Molineux rule says that evidence of prior uncharged crimes or acts committed by an individual may not be entered into evidence in order to infer the guilt of the defendant.
Such prior acts may be entered into evidence for certain other reasons, like establishing intent, or knowledge, but such uncharged acts may not be entered in a manner that could taint the jury’s opinion as to the likelihood that the defendant committed the crime charged.
In Trump’s case, defense attorney Todd Blanche argued Friday that evidence is being introduced that does not establish elements of the crime charged, but rather implies Trump’s guilt.
A Sandoval ruling addresses a defendant potentially testifying at their own trial. Prosecutors typically ask to introduce, and the defense typically asks to limit, past allegations of behavior or actions by the defendant.
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A defendant may choose not to testify based on what the judge allows prosecutors to question the defendant about. But the issue in Trump’s case would be whether a defendant was prevented altogether from testifying in their own defense by the allowance of questions from the prosecutor that would prejudice the jury.
Before adjourning for the day, both parties continued to discuss the Sandoval rule and what questions Trump could be asked if he testifies.
It's unclear whether Trump will testify later in the course of the unprecedented trial.
Fox News' Kevin Ward, Grace Taggart, Maria Pavovich, Shannon Bream and Kerri Kupec Urbahn contributed to this report.
Brianna Herlihy is a politics writer for Fox News Digital.
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