WASHINGTON - A3P filed an amicus brief with the United States Supreme Court in Trump v. Carroll urging the Court to grant certiorari and reverse evidentiary rulings that undermined due process. The brief argues the lower courts improperly admitted highly prejudicial, decades-old allegations and mischaracterized the “Access Hollywood” tape, effectively allowing propensity evidence and eroding Rule 403’s constitutional safeguards. It warns these errors threaten fair-trial norms well beyond this case and asks the Court to restore proper evidentiary limits.

“Mentally disturbed Jean Carroll's bogus defamation lawsuits against Trump are part of the Democrats' years-long crusade of blatant lawfare and election interference. They can’t win at the ballot box, so they abuse our courts to punish their political enemies. This grotesque abuse of the judicial process cannot stand and the Supreme Court must intervene,” said Mike Davis, founder and president of the Article III Project.

Read excerpts from the amicus brief below:

“The district court’s evidentiary rulings were outlandish. For instance, the court held that the Access Hollywood tape was admissible because it could be seen as a 'confession' from the President… The risk of prejudice was palpable.”

"The district court concluded that it did not believe there was 'any risk' of unfair prejudice from the testimony... No risk? This holding doesn’t pass the laugh test."

“The panel created a novel exception to Rule 403 that raises serious Due Process concerns.”

“This is functionally a holding that evidence offered under Rules 413–415 is not subject to attacks based on its remoteness from the trial. That is not the law anywhere.”

“The Second Circuit created a fictional account of the Access Hollywood tape.”

“By exempting Rules 413–415 from remoteness analysis, the Second Circuit has created a breach in Rule 403’s constitutional backstop.”

“No defendant, let alone the President of the United States, should be subject to such a deeply flawed trial result.”

The Article III Project (A3P) was founded by veteran GOP operative and attorney Mike Davis, who, after helping win the Senate confirmation battles of Neil Gorsuch and Brett Kavanaugh, developed the reputation as a “take-no-prisoners conservative eager to challenge the left with hardball tactics,” as reported in The New York Times.‍‍

‍A3P defends constitutionalist judges, punches back on radical assaults on judicial independence (like court-packing) and opposes judicial and other nominees who are outside of the mainstream. Davis previously served as Chief Counsel for Nominations to Chairman Chuck Grassley (R-Iowa) on the United States Senate Committee on the Judiciary and led the Senate confirmation of Justice Brett Kavanaugh and a record number of circuit court judges.

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