How Trump's Damning Testimony Could Be Used Against Him

Manhattan District Attorney Alvin Bragg is trying to use former President Donald Trump's testimony defending the Hollywood Access tape in the E Jean Carroll case against him, according to court documents, and one expert told Newsweek two reasons why the testimony might be allowed.

Bragg's office charged Trump on counts of falsifying business records earlier this year in relation to the years-long probe into whether the former president made an alleged hush money payment to adult film actor Stormy Daniels, who has claimed to have had an affair with Trump, during his 2016 presidential campaign. Trump has denied ever having an affair with Daniels as well as denying the alleged payment. He has accused Bragg of prosecuting him for politically-motivated purposes ahead of the 2024 election, in which he is again running for president.

In preparation for the trial slated for March 2024, Bragg has requested a federal judge's approval to use testimony made by Trump during questioning in Carroll's defamation case.

Carroll sued Trump for alleged defamation after he said she was lying about her accusations that he sexually abused her. Ultimately, a jury found Trump liable for defamation.

During a deposition in that case on October 12, 2022, Trump was pressed about the leaked Access Hollywood tape, which infamously recorded him saying he can "grab" women whenever he wants because he is famous. He defended the remarks, arguing it was "historically" true.

"Well, historically, that's true with stars," Trump said. "Well, if you look over the last million years, I guess that's been largely true. Not always, but largely true. Unfortunately, or fortunately."

According to a new court filing, New York prosecutors are making the case that the tape should be used as evidence because it allegedly shows "the way in which [Trump] dealt with allegations of a sexual nature by women in the months leading up to the 2016 presidential election."

Trump's legal team, however, has argued that the effort to use his testimony is "overboard" and "an attempt to fish for impeachment material."

Newsweek reached out to Trump's campaign for comment via email.

Former federal prosecutor Neama Rahmani told Newsweek Tuesday morning that it is likely a judge will allow the testimony to be used, as there are two separate reasons it can be admitted. First, a party opponent's admissions are allowed to be admitted as evidence, per the rules of evidence, he said.

Second, the former testimony exception to the hearsay rule allows past testimony made under oath or during an official proceeding allows his past words to be used, according to Rahmani.

Rahmani said he believes this evidence will be "very strong."

"To the extent that the DA's office can credibly argue that this wasn't just a one-off affair. This is something that happens all the time. I don't think jurors are going to like that," he said, adding that Trump appearing "unapologetic" could "turn off a lot of jurors, especially in a liberal jurisdiction in New York."