Still frame from Donald Trump's deposition in E. Jean Carroll rape case.
After Donald Trump kicked off Monday by calling his hush-money trial judge "crooked," the jurist issued favorable rulings for the defense, including one refusing to allow into evidence the deposition that the former president gave in the E. Jean Carroll case, where he defended his remarks on the infamous "Access Hollywood" tape. But a short time later, the judge separately warned Trump he'll be jailed if he doesn't show up to court every day of the expected six-week trial.
Acting New York Supreme Court Justice Juan Merchan, taking care of some "loose ends" before jury selection in the first of its kind criminal trial of a former president, once again declined to recuse himself from the case, despite the Trump team's repeated complaints about his daughter's political consulting for Democrats.
The denial of the recusal as baseless was no surprise, but Merchan followed that up with a pair of decisions that cut against the Trump defense's claims that the judge can't be trusted to avoid stacking the deck against the former president based on politics.
After reporters swarmed the Manhattan courthouse for the April 15 start of the falsification of business records trial, the judge heard from Assistant District Attorney Joshua Steinglass and defense attorney Todd Blanche on issues surrounding the "Access Hollywood" tape and Trump's deposition in the E. Jean Carroll case.
Manhattan District Attorney Alvin Bragg (D) and his office failed to sway Merchan on Monday that the "grab 'em by the p—y" tape of 2005 should be played in full for the jurors in the case, leading the judge to stick with his prior ruling against playing the tape in the court but allowing references to the tape.
The prosecution maintains that Trump's alleged hush-money payment to porn star Stormy Daniels and National Enquirer publisher American Media Inc.'s catch-and-kill scheme to bury former Playboy model Karen McDougal's claims of an affair with Trump are best understood as the panicked responses of the 2016 presidential candidate to avoid losing women voters after the "Access Hollywood" tape went public.
Before trial, Justice Merchan allowed prosecutors to mention the "Access Hollywood" tape to jurors — but not play it.
He DENIES the DA's bid for him to reconsider that ruling.
"I remain convinced at this moment, based on the evidence, that the tape itself should not come in."
— Adam Klasfeld (@KlasfeldReports) April 15, 2024
"This is the impetus, this is what led to everything that followed. 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 hand gestures," Merchan said, according to Lawfare's Tyler McBrien.
Left: Former President Donald Trump is seen on October 18, 2023 outside the New York State Supreme Courthouse during his civil fraud case in New York City. (NYC) File Photo by: zz/Andrea Renault/STAR MAX/IPx 2023 10/18/23 / Right: E. Jean Carroll leaving the United States District Courthouse poses for a group photo with her legal team after a jury awarded her $83.3 Million in damages incurred through defamation by Donald Trump. (Photo by Derek French / SOPA Images/Sipa USA)(Sipa via AP Images)
Court-watchers said the judge was also unmoved by the prosecution's attempt to introduce the 2022 deposition Trump sat for after E. Jean Carroll's sexual assault allegations.
Merchan also will not admit E Jean Carroll deposition. But he will admit an email thread about the tape—bolsters the claim that the Access Hollywood tape was a crucial event. Prosecution can talk about what's in the tape, but Merchan doesn't want the jurors to hear Trump's voice.
— Tyler McBrien (@TylerMcBrien) April 15, 2024
The judge also DENIES a bid to enter Trump's deposition from the E. Jean Carroll case into evidence.
Trump defended his remarks about the "Access Hollywood" tape in that deposition.
— Adam Klasfeld (@KlasfeldReports) April 15, 2024
In that deposition, Trump said, "Historically, that's true, with stars," when pressed by Carroll's lawyer Roberta Kaplan on the "grab 'em" tape.
"Well that's what if you look over the last million years, I guess that's been largely true not always but largely true, unfortunately or fortunately," he added.
In the years that followed the deposition, Trump was found liable for sexually assaulting and defaming Carroll, an outcome he is appealing.
It was far from an entirely positive day for the defense on Monday, however, as Merchan did not heed defense objections over the inclusion of evidence about the National Enquirer's former parent company American Media, Inc. (AMI) and its role in boosting attacks on Trump's opponents (see: Ted Cruz) while burying stories damaging to Trump, such as former Playboy model Karen McDougal's claims of an affair with Trump in order to "prevent [that story] from influencing the election."
Todd Blanche argues there isn't "probative value" to showing the jurors Karen McDougal's story.
"It's a side trial," Blanche says, adding it's one they can't do anything about.
Trump isn't charged in connection with that "catch-and-kill" scheme.
— Adam Klasfeld (@KlasfeldReports) April 15, 2024
The judge also issued a warning that Trump must show up to court daily or else face an arrest.
Trump has to be in the courtroom every day for the duration of his criminal trial.
"If you do not show up there will be an arrest," Judge Merchan said.
— Jesse Rodriguez (@JesseRodriguez) April 15, 2024
TRUMP IS BEING READ HIS PARKER WARNING:
MERCHAN: You have the right to be present during the trial and to assist your attorneys….do you understand?
TRUMP: "Yes."
MERCHAN: If you disrupt the proceedings, you can be excluded from the courtroom and committed to jail based on…
— Katie Phang (@KatiePhang) April 15, 2024
When Trump was asked if he understood that, he reportedly replied, "I do."
Separately, prosecutors pushed for Trump to be held in contempt for appearing to violate the judge's gag order by blasting Michael Cohen and porn star Stormy Daniels, witnesses for the prosecution, as "sleaze bags" on Truth Social.
Cohen, the former Trump lawyer who went to federal prison for his role in trying to cover up the Daniels affair by using Essential Consultants, LLC, to pay the porn star $130,000 weeks before the 2016 election, was admitted as a witness despite the defense's efforts to argue against his participation in the case in its entirety. Daniels, of course, is another key witness, among others.
The DA's office reportedly asked Merchan to warn Trump he could be jailed for additional gag order violations.
NEW: Manhattan DA's office asks court to impose a $1k sanction for each of 3 prior posts, order him to take them down, and warn him that further violations will result in jail time. DA notes a 9:12 am post today, potentially made inside the courthouse, also violates the order.
— Lisa Rubin (@lawofruby) April 15, 2024
A hearing has reportedly been set for next week on the issue.
Update
Justice Merchan bumped up the hearing date to consider whether to hold Trump in contempt for alleged violations of his gag order.
It's now on Tuesday, April 23 at 9:30 a.m. ET, per pool.
— Adam Klasfeld (@KlasfeldReports) April 15, 2024
If you were expecting jury selection to begin at the start of the day, you would've been left sorely disappointed. But after 2 p.m., the first group of prospective jurors out of the pool of 96 were reportedly sworn in.
Trump and his allies were apparently watching closely.
Colorful pool dispatch via @FrankRunyeon:
"Jurors are being seated next to Trump aides Jason Miller and Margo Martin," he notes, describing their "nonstop" cell phone use.
During E. Jean Carroll's trial, a Trump spox was booted from court after his phone went off. pic.twitter.com/cuLkG2tmPp
— Adam Klasfeld (@KlasfeldReports) April 15, 2024
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