March 19 (UPI) — A New York judge on Monday rejected Donald Trump‘s request to prevent former attorney Michael Cohen and adult film actress Stormy Daniels from testifying in the former president’s criminal hush money trial.
The judge, Juan Merchan, also ruled video of Trump making lewd comments about women, which has come to be known as the Access Hollywood tape, can be discussed during the trial though it may not be necessary for it to be played before the jury.
Trump is facing 34 criminal charges accusing him of falsifying business records to have Cohen pay Daniels, whose real name is Stephanie Clifford, $130,000 in the last days of the 2016 presidential campaign to keep her quiet about an alleged affair she had with the New York real estate mogul.
Attorneys for the former president had asked the court to bar testimony from Cohen on the grounds he is “a liar.” His legal team argued that Trump’s former attorney should not be allowed to testify in the case as he has previously perjured himself.
Merchan on Monday rejected this argument in a ruling obtained by Courthouse News, stating it was unaware of any perjured testimony though Trump’s attorneys have provided examples questioning Cohen’s credibility.
“The court has been unable to locate any treatise, statute or holding from courts in this jurisdiction, or others, that support defendant’s rational that a prosecution witness should be kept off the witness stand because his credibility has been previously called into question,” Merchan wrote.
“The cases relied upon by defendant are unavailing and inapplicable to the current matter.”
Trump had sought to keep Daniels’ testimony from the courts as well. But, again, Merchan wrote in a second ruling on Monday ther her testimony is “inextricably intertwined with the narrative of events and is necessary background for the jury.”
Merchan also booted Trump’s request to keep the Access Hollywood tape from being used as evidence in trial.
In the tape, which emerged Oct. 7, 2016 — less than a month before the presidential election — Trump is heard though not seen boasting about grouping women and making other sexists remarks.
The state had argued for the tape’s inclusion in the trial as evidence to show that after its release Trump and his campaign became worried over its potential harm to his electability among female voters and it created the foundations for them to pay Daniels hush money over the alleged affair.
Merchan essentially agreed with the state on Monday, writing that the tape “helps establish defendant’s intent and motive for making the payment to Daniels and then, attempting to conceal them.”
However, Merchan added that while testimony on the tape will be permitted during trial, it may not be necessary for it to be played for the jury.
The ruling comes days after Merchan pushed back the start of the trial, previously set for March 25, 30 days.
Trump has pleaded not guilty in the case.