“Defendant seeks to exclude any evidence regarding the Access Hollywood Tape on the basis that it has no probative value and will be impermissibly prejudicial. As to its probative value, defendant again improperly relies on his own version of the facts. As the People have explained, the Access Hollywood Tape 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.”
“Indeed, the evidence will demonstrate that the release of the Access Hollywood Tape caused a panic within the campaign about defendant’s electoral prospects and ultimately served as the catalyst for consummating the Stormy Daniels payoff. As to undue prejudice, defendant bizarrely relies on a federal court’s decision to admit the Access Hollywood Tape as a basis to somehow preclude it here. This argument makes no sense. Rather, as the People have already explained, the federal court’s reasoning in admitting the Access Hollywood Tape confirms that the recording is not unduly prejudicial because it ‘is uniquely probative’ of defendant’s state of mind,” writes Manhattan DA Alvin Bragg’s team in a motion explaining to the judge why fat former President Trump has to be humiliated again in front of a jury with his brags about sexual assault.