The judge overseeing former President Donald Trump's so-called hush money case is refusing to allow the prosecution to use a piece of evidence that they seem to think is key. 

The evidence, according to Fox News, is the infamous Access Hollywood tape that was leaked just before the 2016 presidential election.

This is the same tape in which Trump could be heard talking about allegedly grabbing women's genitals.

The remarks were made about 10 years prior, in 2005, when Trump was getting ready to make a guest appearance on a soap opera.

The fight over the tape

It's obvious why Manhattan District Attorney Alvin Bragg (D) and his prosecutors would want to use this tape, namely, because it makes Trump look bad in front of the jury.

The problem for them is that, in the American legal system, you can't just present any old piece of evidence that makes the defendant look bad. The evidence also has to be significantly connected to the case.

Bragg has tried to claim that it is, that the leaked tape was one of the reasons why Trump agreed to give adult film actress Stormy Daniels money to keep quiet about their alleged affair. Bragg's overall claim - at least the one that we know about - is that Trump went on to illegally misreport this payment.

Judge Juan Merchan, however - who is no friend of Trump - has refused to allow Bragg and his team to use the tape.

Merchan has made it clear that he will not allow the tape to be played or to be introduced during the trial because it would be unfairly prejudicial to Trump.

But . . .

Having said all of that, Merchan continues to allow the prosecution to make reference to the tape.

Fox News reports, "New York City prosecutors again made numerous references on Friday to the leaked Access Hollywood tape where former President Donald Trump made crude comments."

Merchan, at one point, decided to remind Bragg's team that the tape cannot be introduced as evidence or played in the courtroom.

It is clear that Merchan, known for his Democratic ties, is trying to make it appear as though he is doing his job while letting the prosecution get away with as much as it can.

Looking down the road, this could be another ground for appeal, should Trump end up getting convicted, which many legal experts are expecting, considering New York City's political persuasion.