The judge stated unequivocally that Trump's absence from court on any day of the trial would result in his arrest. "If you do not show up there will be an arrest," Merchan cautioned Trump, as reported by ABC News.
Trump's legal representative assured the court of his client's intention to be present throughout the proceedings, including during side conferences that occur during jury selection. However, Judge Merchan noted that this commitment could pose "logistical issues," such as the need to accommodate Secret Service agents. Despite these potential complications, Merchan pledged to do his utmost to facilitate Trump's presence.
April 16, 2024
The judge also took the opportunity to address Trump directly, questioning him on his understanding of the potential consequences of failing to attend the trial or appear for sentencing. Trump affirmed his comprehension of these potential penalties, responding affirmatively to each query.
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As the trial commenced on Monday morning, Judge Merchan made a significant ruling regarding the admissibility of the infamous Access Hollywood tape, which resurfaced ahead of the 2016 election. The judge reiterated his previous decision that the prosecution could not play the tape during the trial, stating, "The tape itself should not come in," as reported by NBC News.
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Prosecutor Joshua Steinglass argued for the inclusion of the tape's transcript as evidence, asserting that it contained an admission of sexual assault. However, he conceded that the tape itself could not be shown. The prosecution also sought to include Trump's deposition from the E. Jean Carroll case, but this request was denied by Judge Merchan.
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Merchan ruled that the sexual assault allegations raised by the tape should not be introduced, describing them as "very, very prejudicial," according to the Washington Post. He dismissed much of the evidence as "just a rumor, just gossip, complete hearsay," and stated that it would be unfair to prejudice the defendant based on unproven rumors.
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Steinglass countered that the prosecution should be permitted to mention the allegations in general terms to the jury, as a means of demonstrating Trump's reaction to them. He claimed that Trump "became almost obsessed with addressing these allegations."