Prosecutors in Donald Trump’s hush money case have been blocked from telling the jury that his alleged affair with a Playboy model took place while his wife was pregnant.
They claim that Mr Trump – the first US president to stand criminal trial – had an affair lasting 10 months with Karen McDougal between 2006 and 2007. For some of that time, Melania Trump was pregnant with the couple’s youngest son, Barron.
The former president’s trial began on Monday in New York, and over the next six weeks will put his sex life and alleged infidelities under the microscope.
Mr Trump is charged with falsifying business records to conceal hush money payments made to Stormy Daniels, an adult film star, with whom he allegedly had an affair a few months after Barron was born.
The charge is normally classed as a misdemeanour in the state, but prosecutors claim it should be elevated to a felony because he did so in order to influence the result of the 2016 election.
Juan M Merchan, the New York judge presiding over the trial, on Monday ruled that prosecutors could provide evidence of the alleged affair with Ms McDougal.
However, he clarified that they cannot mention the fact that Mrs Trump was pregnant at the time, saying: “At this moment the prejudicial value excuses the probative value.”
Joshua Steinglass, prosecuting, argued the alleged affair was relevant because it showed how Mr Trump behaved when alleged infidelities threatened his presidential run.
“[The] fact this occurred while Melania was pregnant and after the birth of his son speaks directly to the extent to which the defendant believes the story could be damaging to his campaign,” he said.
Mr Steinglass added that they have “no intention of describing sexual acts or locales” where the affair took place.
Todd Blanche, acting for the defence, claimed Ms McDougal’s allegations were “salacious with no value” and would push the jury against his client.
“The risk of unfair prejudice is through the roof,” he said.
Justice Merchan also ruled that Ms McDougal would be able to give testimony as lawyers battled over what evidence would be admissible on the first day of the trial.
Ms McDougal, who is 24 years Mr Trump’s junior, claimed she embarked on an affair with him shortly before his 60th birthday. They first met at the Playboy mansion while he was filming his Celebrity Apprentice show, she has claimed.
At one point, Justice Merchan scolded Mr Trump as his legal team questioned a potential juror on what they called “extraordinarily hostile Facebook posts” celebrating his election loss in 2020.
He said the former president had been “muttering” while the woman stood nearby, and directed Mr Blanche to speak to his client about his behaviour.
“I will not have any jurors intimidated in this courtroom,” he warned, and refused to dismiss the juror. Mr Trump is reported to have looked on furiously.
However, Justice Merchan struck off another prospective juror who once suggested on social media that Mr Trump should be “lock[ed] up”. He noted that Mr Trump could face a prison sentence if found guilty.
Prosecutors claimed David Pecker, the former head of National Enquirer publisher AMI, directed his company to pay her $150,000 to suppress the story.
He apparently expected to be reimbursed by Mr Trump but this did not happen.
The company is also said to have paid $30,000 to a former Trump Tower doorman, who claimed that Mr Trump had fathered a love child ahead of the election. The National Enquirer later concluded the story was false.
Melania ‘furious’ when reports surfaced
Mrs Trump was furious when reports surfaced in 2018 about her husband’s alleged affair with Ms Daniels, according to the New York Times.
She is apparently angered by the trial and refers to the proceedings as a “disgrace”. Her office has been approached for comment.
On his second day in court, Mr Trump complained that he should be campaigning in battleground states instead of being stuck in court for weeks, and blamed “some accountant I didn’t know” for the alleged falsification of business records.
US President Joe Biden, his rival in November’s election, has begun a three-day tour of Pennsylvania, where he released an advert about his upbringing in Scranton and is expected to launch a new tax plan for the middle class.
“I should be right now in Pennsylvania, Florida, in many other states – North Carolina, Georgia,” Mr Trump said outside Manhattan Criminal Court. “This is all coming from the Biden White House.”
Instead, the Republican sat through hours of jury selection, occasionally appearing to fall asleep or rest his eyes as he leaned back in his chair.
While he stayed largely expressionless throughout the proceedings, he gave an approving smile and nod when one potential juror said they had read his 1987 bestseller, The Art of the Deal.
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