Trump lawyers try to ban 'Access Hollywood' tape from rape trial

Former U.S. President Donald Trump listens during a campaign event at the South Carolina Statehouse, Jan. 28, 2023, in Columbia, S.C. (AP Photo/Alex Brandon)

NEW YORK — Attorneys for Donald Trump want to ban from his upcoming civil rape trial the "Access Hollywood" tape in which the former president boasts graphically about how celebrities can molest women.

Trump attorneys Alina Habba and Michael Madaio filed papers in Manhattan federal court late Thursday seeking to block references to the 2005 taped encounter and the tape itself from an April trial stemming from the claims of longtime advice columnist E. Jean Carroll.

They called the tape "irrelevant and highly prejudicial" and said it might unjustly be used to suggest to jurors that Trump had a propensity for sexual assault and therefore must have raped Carroll. They also asked to prevent testimony from two women who have accused Trump of sexual misconduct and to ban references to his campaign speeches.

Carroll, 79, sued Trump in November after New York state temporarily changed laws to allow adult rape victims to sue their abusers, even if the attacks occurred decades ago. A trial is set for April 24, and Trump and Carroll are both expected to testify.

Carroll, a former columnist for Elle magazine, said in her 2019 book "What Do We Need Men For?" that Trump raped her in late 1995 or early 1996 in the dressing room of Bergdorf Goodman, a luxury Manhattan department store.

Trump has vehemently denied it, sometimes angrily, in public statements.

In an October deposition for the upcoming trial, Trump was dismissive of Carroll's claims, saying: "Physically she's not my type," though he misidentified her as an ex-wife of his when he was shown a photograph.

Carroll's lawyer, Roberta Kaplan, confronted him with claims that two dozen other women have made against him, asking if any of them are true.

"I would say. I mean, I don't see any. I mean, you haven't shown me anything," Trump responded, according to the transcript.

His answers might increase the relevance of lewd comments he made on the "Access Hollywood" tape, which was revealed just weeks before he won the November 2016 presidential election.

In the tape, he said that sometimes when he sees beautiful women: "I just start kissing them. It's like a magnet. Just kiss. I don't even wait." And he added that, "When you're a star, they let you do it. You can do anything," including grabbing women between their legs.

Afterward, he issued a rare apology, saying the comments were "locker room banter" caught on a hot mic.

In her lawsuit, Carroll said she had a chance encounter with Trump that escalated into playful banter as he asked her to help him pick out lingerie for a friend. She said they teased each other to try on a piece of lingerie and went into the dressing room, where Trump became violent and raped her.

Her lawyer declined to comment Friday.

Resources for sexual assault survivors in Canada

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

If you are in immediate danger or fear for your safety, you should call 911.

A full list of sexual assault centres in Canada that offer information, advocacy and counselling can be found at ReeseCommunity.com. Resources in your community can be found by entering your postal code.

Helplines, legal services and locations that offer sexual assault kits in Alberta, B.C., Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia can be found here.

National Residential School Crisis Line: [phone]

24-hour crisis line: 416 597 8808

Canadian Human Trafficking Hotline: [phone]

Trans Lifeline: [phone]

Sexual misconduct support for current or former members of the Armed Forces: [phone]