Trump jury may never hear bombshell tape in court

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Trump jury may never hear bombshell tape in court
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The new audio recording is itself admissible in court, but Trump's team will likely move to have it thrown out, and Judge Aileen Cannon may side with him.

"The government has the better of the 404b argument which allows evidence of other crimes to prove motive, intent, opportunity and lack of mistake," Weissmann said."The government should prevail on rule 403 which requires inclusion unless the unfair prejudice substantially outweighs the probative value."

But while prosecutors would have the upper hand if Trump moves to get the tape thrown out from the trial, Weissmann noted that Judge Aileen Cannon, the Trump appointee overseeing the case, has"more wiggle room" to side with Trump under rule 403. Cannon has previously shown favor to Trump in Smith's investigation, granting him a special master to review the documents—a decision that was reversed by a conservative appeals court and has faced calls to recuse herself from the case.

On Monday, she denied the government's request to keep a list of witnesses secret, meaning that some or the entire list of 84 witnesses who Trump is barred from discussing the case with could be made public at some point.In the audio clip, Trump is heard saying,"These are the papers," while referring to something he called"highly confidential."

"This was done by the military and given to me," Trump is heard saying in the recording."See, as president, I could have declassified it. Now I can't, you know, but this is still a secret.", in which he denied ever showing secret documents to people at the Bedminster meeting, only"newspaper stories, magazine stories and articles".

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