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Prosecutors repeatedly reference Trump’s Access Hollywood scandal after judge ruled tape itself 'prejudicial'

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Prosecutors repeatedly reference Trump’s Access Hollywood scandal after judge ruled tape itself 'prejudicial'

New York City prosecutors again made numerous references on Friday to the leaked Access Hollywood tape where former President Donald Trump made crude comments — after the judge reiterated that the jury could not hear or watch the comments.

Judge Juan Merchan ruled that playing the tape itself would be overly prejudicial towards Trump, but not the comments Trump made in the 2005 incident that leaked just before the 2016 presidential election. In the tape, Trump used lewd language about groping women in the presence of a TV host ahead of a cameo appearance on a soap opera. 

Manhattan District Attorney Alvin Bragg and his team have made numerous references to the tape — in court and in legal filings — apparently attempting to make the case that the damage from the leaked tape was a catalyst for the $130,000 payment to Stormy Daniels. Trump is charged with falsifying business records related to Daniels, whose real name is Stephanie Clifford, to quiet her story about an alleged affair with Trump. Trump has repeatedly denied the affair.

On Friday, Merchan reiterated that the tape cannot be introduced as evidence or played aloud in the courtroom because it would be prejudicial to Trump. 

NY V. TRUMP: WITNESS SAYS COHEN DREAMED OF WHITE HOUSE JOB DESPITE DENYING AMBITIONS IN HOUSE TESTIMONY

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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. 

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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’

Michael Cohen, former personal lawyer to US President Donald Trump, right, outside federal court in New York, US, on Thursday, Dec. 14, 2023.  (Yuki Iwamura/Bloomberg via Getty Images)

“He was worried about how this would be viewed at home,” Hicks said. “Mr. Trump really values Mrs. Trump’s opinion. She doesn’t weigh in all the time, but when she does…it’s valuable,” Hicks testified. 

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“[I] don’t think he wanted anyone in his family to be hurt or embarrassed about anything on the campaign. He wanted them to be proud of him,” Hicks later added. 

Her testimony, which she provided to the court under subpoena, could undercut the prosecution’s arguments that the Trump tape was a catalyst to the Stormy Daniels payment out of concern about how a subsequent bad media hit would impact his campaign. 

The defense team argued earlier in the day that the recent decision in the case of the disgraced Hollywood producer, Harvey Weinstein, could be relevant in Trump’s case. 

Weinstein’s conviction was recently overturned by the New York State Court of Appeals after the court granted him a new trial, saying the trial judge had allowed prosecutors to call women who said Weinstein had assaulted them to testify, even though their accusations did not specifically relate to the entertainment mogul’s charges.

Trump’s defense team argued that the prosecution has been attempting to introduce evidence, including the Access Hollywood tape, that is not directly related to Trump’s alleged crimes.

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The decision to overturn the Weinstein conviction relied on two courtroom terms: the “Molineux rule” and a “Sandoval ruling.” 

NY V. TRUMP: HOPE HICKS TESTIFIES, PROSECUTORS REFER TO ‘ACCESS HOLLYWOOD’ TAPE

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. 

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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. 

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. 

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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. 

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Boston, MA

Looking for a lodging adventure? Beat the heat at a floating B&B. – The Boston Globe

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Looking for a lodging adventure? Beat the heat at a floating B&B. – The Boston Globe


Afloat is an ideal option if you’ve ever had dreams of owning your own boat but have been told that boat ownership requires endless reserves of cash. Or if you’ve ever wanted to experience a houseboat, although I’d describe my houseboat as more of a floating hotel room.

I’ve made no secret of my dislike of the word “staycation,” but I’ll admit that booking at Afloat is as close as you can get to a staycation in Boston. Depending on your sea legs and your tolerance of motion, of course.

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This is also one of the best lodging deals in Boston. My petite houseboat with a queen bed (although it looked more like a double) was $260 a night; two-bedroom yachts were $350. Moored at Constitution Marina in Charlestown, with views of the Zakim Bridge, the only way to get better water views would be to jump into the harbor.

The interior of the Casita houseboat at Bed and Breakfast Afloat Boston, the city’s only floating B&B.Christopher Muther/Globe Staff

There were some downsides to my houseboat, named Casita, which I believe translates into “little house with a touch of saltwater corrosion that bobs gently in a marina.” The interior was small, as in, I wouldn’t recommend this houseboat for anyone over 230 pounds or over 6 feet 2 inches, give or take. If you’re a hotel snob, it might not be a fit for your high-falutin’ tastes. The room is spartan, but it had everything I needed. There was a full bathroom, a coffee maker, a refrigerator, a hair dryer, an iron, Wi-Fi, air conditioning, heat, and a television.

The pool at Bed and Breakfast Afloat Boston. It’s open to B&B guests.Christopher Muther/Globe Staff

Wait, but there’s more! There are plenty of moored boats and houseboats that you can rent on Airbnb or VRBO, but how many of them include a pool where you can splash your cares away? Or communal barbecues where you can BYOB (that’s bring your own beef) and grill your dinner? These are marina extras included in my stay that I was not expecting. I spent time by the pool with a soccer-crazed family from Norway. I tried to change the topic from soccer to my favorite Norwegian pop stars. The family hastily grabbed their towels and left the pool area.

There are people to escort you to your boat and carry your luggage. They also explained the room’s features. I assume if I were staying on a yacht, the orientation would be more detailed, including “do not untie this boat and start sailing to Bermuda.” There was a paper bag on the bed of my room filled with houseboat essentials: lip balm, a tin of mints, a blueberry Nutri-Grain bar, a bag of mini rice cakes, and a postcard of the marina.

A view of the Boston skyline at night as seen from Bed and Breakfast Afloat Boston. The B&B is located at Constitution Wharf.Christopher Muther/Globe Staff

Afloat has another advantage that I hadn’t anticipated. It gave me entrance to the rarified world of marina life. At one point or another, we’ve all walked by a marina and looked down as sun-kissed boat owners sipped beer on the decks of their yachts or hosed down their sailboats after a day at sea. We walk by, green in the gills with envy, trying to justify our feelings by saying that buying a boat is about as solid an investment as encasing cash in concrete and throwing it to the bottom of the ocean. But really, we want to be a part of it.

Finally, I had an entree into the marina universe. I walked around and checked out the other boats, my bare feet on the warm wooden planks. I casually waved or said, “How’s it going?” in a tone that indicated that I was also a part of marina culture, my imaginary yacht sitting nearby. I’m sure my jaunty nautical ensembles helped solidify my place there.

I generally avoid bed-and-breakfasts in the same way I avoid smiling folks on the sidewalk holding a clipboard who say, “Excuse me, sir, do you have a minute…” But Afloat is a different kind of B&B. I didn’t have to talk to other guests or sit awkwardly at a table with strangers in the morning. There’s also no hard and fast rule that breakfast ends at 9 a.m., which, coincidentally, is the time I normally wake up.

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Instead, when you check in, you’re given $10 vouchers for Emmi Bakery & Cafe, which is a fish’s throw from the marina. Here, I could get whatever I liked, whenever I liked (the cafe closes at 4 p.m.), without feeling obligated to make small talk with strangers. The advantage of staying in a houseboat over a yacht is that it has a small, private deck adjacent to it, surrounded by herbs and flowers. I invited friends over, some of whom did not appreciate the charms of Casita as much as I did.

The author (left) entertains a friend on the deck of his houseboat at Bed and Breakfast Afloat Boston.Thomas McHale/Globe Staff

My husband was the first visitor. He entered with a look of horror and declared, “This place is terrible. I thought you only stayed at nice hotels.” Within five minutes, he grew seasick and quickly exited, never to return.

“I’m going to call you in the morning to make sure you haven’t floated out to sea,” he said as I rolled my eyes.

Other friends were kinder, but not much. I broke out a bottle of wine on the deck at sunset while my friends popped open the Dramamine. I barely noticed the sway, but the more delicate among you might blanch quickly.

Being at Constitution Marina gave me an excuse to explore Charlestown, a part of the city that I rarely see. Not because I don’t like it, but because parking can be a bear. I had dinner outside at Monument Restaurant and Tavern, looked around at Boston National Historic Park, and took the MBTA ferry from Charlestown to Long Wharf. For $3.75, I had a quick scenic spin in the harbor.

I’ll give the houseboat at Bed and Breakfast Afloat Boston a rating of four anchors out of five. I think much of my good vibes had to do with the perfect weather and the views, but I also loved the feeling of adventure and the way the water rocked me to sleep. That’s a feature you can’t find at any other B&B in the city.

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28 Constitution Road, www.bedandbreakfastafloat.com. 617-241-9640.


Christopher Muther can be reached at christopher.muther@globe.com. Follow him @Chris_Muther and Instagram @chris_muther.





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Pittsburg, PA

Analysis: Here’s why the Pittsburgh Symphony’s budget just jumped by $7 million to $42 million

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Analysis: Here’s why the Pittsburgh Symphony’s budget just jumped by  million to  million






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Connecticut

Lamont signs law in Norwich to stop pay to contractors violating wages

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Lamont signs law in Norwich to stop pay to contractors violating wages


Connecticut is taking a step to make sure workers are paid fairly.

On June 30, Connecticut Governor Ned Lamont signed Public Act 26-17, which enables the State Comptroller to issue a stop work order and withhold state funds to contractors that are not properly paying their employees.

The bill was signed on the construction site for Greeneville Elementary School, which is one of the four new elementary schools being built in Norwich. The State of Connecticut is reimbursing the city for 80% of the project, and the law applies to “any place where the state is making a payment,” Lamont said.

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Wage theft can take many forms

It matters because wage theft can take many forms, from money taken from base pay, to money not given in benefits, Kimberly Glassman, director of compliance and government affairs for the International Union of Operating Engineers Local 478, said.

Local 478 also has a presence in the Norwich school building project, with 10 to 20 union members working at each site daily, Glassman said.

What do state leaders think of the Greeneville site’s progress?

Lamont is impressed with how quickly the work is going.

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“They told me that the walls went up in the last two weeks, so a lot of progress is happening,” he said.

During the bill signing, Norwich Mayor Swarnjit Singh touted the importance of using union labor and the value of project labor agreements.

“We are on time and on budget,” he said.

After the bill signing, Singh said its possible the Greeneville School building could be complete as soon as the first quarter of 2027, he said.

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“They’re not wasting any time,” Singh said.

State Rep. Derrel Wilson attended the original Greeneville School as a kid, and still lives in Greeneville. He was credited as being one of the driving forces for getting the workers bill passed.

“It’s exciting seeing this revitalization for our neighborhood, seeing active construction and watching individuals rebuild our community,” Wilson said.



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