Katie S. Phang is the host of 'The Katie Phang Show,' which airs Saturdays and Sundays at 8 a.m. ET on MSNBC. She is a legal contributor for NBC News and MSNBC based in Miami. She leverages her significant trial attorney experience to provide analysis and commentary on the latest legal issues.
There’s something very striking about Stormy Daniels’ testimony in the Donald Trump hush money trial. Usually, character evidence is not admissible to prove a criminal defendant’s conduct on a specific occasion. It’s called “Rule 404” evidence, and it makes sense: The jury should not hear that the defendant may have done other “bad acts” at some other time out of a concern that it might unfairly be inclined to convict the defendant for the current charged conduct.
In my opinion, it is relevant because this evidence provides the necessary context for why Trump was so desperate to hide it from the public eye — and thus the reason why he pushed for Daniels to sign the non-disclosure agreement and why he ultimately paid her $130,000 for her silence. Trump never wanted these embarrassing details to see the light of day, especially on the eve of the 2016 presidential election.
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