Politics
Should Trump have confidence in his lawyers? Legal experts weigh in
As attorneys for former President Donald Trump work behind the scenes on an appeal following his conviction in the New York v. Trump trial, legal observers speculated to Fox News Digital about whether the presumptive Republican nominee is confident in his legal team ahead of his sentencing hearing – scheduled just four days before the Republican National Convention.
While under normal circumstances, defense attorneys usually wait until after sentencing to file an appeal, legal analyst Phil Holloway questioned the lack of urgency from Trump’s lawyers in seeking federal intervention.
“I’m curious to know why we have not seen any effort by Trump’s legal team to stay the looming sentencing,” Holloway told Fox News Digital. “I think there’s a reasonable argument to be made to a NY Appeals court, or even a federal court, that under the extraordinary circumstances present in this case, a stay of the NY proceedings is necessary to prevent a serious disruption of the federal electoral process.”
“Every American citizen, at any rate, has an interest in being able to vote for the candidate of their choice in a presidential election. So we’re not talking about a normal and customary kind of an appeal,” Holloway said. “It’s unheard of in American jurisprudence. And so I think you can take the traditional rule book and throw it out. I think they need to pursue every conceivable avenue to get relief from another court.”
LEGAL ANALYSTS, PUNDITS SOUND ALARM ON TRUMP VERDICT, SUGGEST THERE’S ROOM FOR APPEAL: ‘CONTORTED THE LAW’
Former President Donald Trump speaks to the media alongside his attorney, Todd Blanche, after his New York conviction, Thursday, May 30, 2024. (Michael M. Santiago/Pool Photo via AP)
Holloway and David Gelman, another legal analyst who spoke with Fox News Digital, both separately referenced the Bush v. Gore case, when the U.S. Supreme Court ultimately ruled that Florida did not need to complete a recount in the 2000 presidential election, because it could not be accomplished in a constitutionally valid way within the time limit set by federal law.
Gelman said that usually the Supreme Court or lower federal courts will not intervene in state decisions unless it’s a matter of “national importance,” as it was in 2000 and is again with the Trump case.
“Look, it’s a Hail Mary. I’m not going to say it isn’t. However, you have nothing to lose. And, I think that this may, you know, get their attention a little more than a normal Hail Mary, if you will,” Gelman told Fox News Digital. “And also the Supreme Court is also hearing President Trump’s immunity claims right now. . . . So they’re very familiar with the arguments that are set forth with President Trump, even though this is not an immunity issue. So I think that it would be very prudent on the defense attorneys to throw that too, put up a motion before the Supreme Court to ask them to intervene and to file an emergency application to do so.”
“We don’t know what they’re doing behind the scenes to prepare for the sentencing and obviously to prepare for the appeal. But I do wish we would see them acting with more of a sense of urgency regarding the appeal,” Holloway said. “If it were me, I might consider going to federal court now ahead of sentencing, seeking some kind of injunction to pause or to stop the sentencing from going forward, considering that you have the federal interest regarding the upcoming election at stake, and I think there’s enough federal issue involved to get a federal court involved in this.”
The appeal must not go to the intermediate Appellate Division, which is Manhattan-based, and at a minimum go before the state Appellate Division of New York, if not the Supreme Court, Gelman said.
Holloway said that if Trump’s legal team could “could somehow put a stop to the sentencing or pause it, they could perhaps begin the process of giving something up to the U.S. Supreme Court before the election.”
“If they have a client who gets sentenced to jail or even who is put on probation, that’s a significant restriction on the former president’s personal liberty,” Holloway said. “Either way, and it has an impact on the election. And I think there’s a significant federal issue there that would give the federal courts the jurisdiction they need to weigh in on, even before an appeal runs its traditional course.”
Former President Donald Trump, sitting with attorneys Todd Blanche and Emil Bove, awaits the start of proceedings in his criminal trial at Manhattan Criminal Court in New York City, on May 29, 2024. (JABIN BOTSFORD/POOL/AFP via Getty Images)
He also noted how the timing of the Republican convention could play into Trump’s attorneys’ strategy. “I think that it makes a big difference to a federal court potentially if you’re talking about someone who is the actual nominee of the party versus someone who is a presumptive nominee,” Holloway said. “I think that if you have the actual nominee facing the significant restrictions on his personal liberty, whether he’s in jail or whether he’s on probation or house arrest or some combination of all of that. I think that it’s a very real issue that the federal courts ought to get involved in, because there’s a strong argument to be made that they ought to sort of hit the pause button to stay any further proceedings until the election plays out.”
NEW YORK APPEALS COURT JUDGES IN TRUMP CASE ROUTINELY DONATED TO DEMOCRATS, RECORDS SHOW
Another case to consider is in Georgia, where the state’s court of appeals halted any proceedings in the 2020 election interference case until it hears Trump’s appeal to disqualify Fulton County District Attorney Fanis Willis. The hearing date is tentatively scheduled for Oct. 4. While Holloway and Gelman agreed that both Manhattan and Fulton County, Georgia, are heavily blue jurisdictions, Holloway noted that a small portion of northern Fulton County is traditionally more red, so because the jury pool comes from the county as a whole, Trump has a slightly better chance of getting a more friendly jury, compared to Manhattan.
“I think there’s a very good possibility that the DA, Fani Willis, will have to be recused and no longer be able to be on that case. And then once that happens, if another fresh set of eyes looks at it, meaning like the attorney general’s office or an independent authority of Georgia, I think that it’ll be thrown away,” Gelman said, comparing the cases. “I think they’re kind of apples and oranges.”
As for Trump’s attorneys’ performance throughout the Manhattan trial, both Holloway and Gelman both said they were at a disadvantage from the start, due to the trial venue in New York City and Judge Juan Merchan, who refused to recuse himself from the case despite Trump’s team citing how the judge had donated to President Biden’s campaign.
Stormy Daniels is questioned by defense attorney Susan Necheles during former President Donald Trump’s criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, May 9, 2024, in this courtroom sketch. (Reuters/Jane Rosenberg)
“If he wasn’t confident in his attorneys, you would probably hear by now that he has other attorneys on it,” Gelman told Fox News Digital. “We all know President Trump. He’s not really shy about letting his feelings known, and he’s not shy about firing people and hiring people. . . . He only wants the best people to work for him, and that includes attorneys. So by him not doing anything drastic, meaning by not firing Todd Blanche and the other people on the legal team and replacing them, you know, it shows me that he was happy with them. I know he’s not happy with the result and nobody is. But at the same time, you know, he’s a realist.”
Gelman said that Trump’s attorneys in the Manhattan trial, Blanche, Emil Bove and Susan Necheles, “did an outstanding job with the facts that were given.”
“I’ll be honest, I thought that there was no crime that was alleged, number one,” Gelman told Fox News Digital.
“You cannot tell me with a straight face that there was not reasonable doubt,” Gelman said. I mean, you have two witnesses, specifically Michael Cohen and Stormy Daniels, who literally said on the stand they would like to see President Trump in jail. They had a bone to pick with him. They were out for blood. And then with Cohen, you had him, who pretty much is the walking, talking epitome of reasonable doubt.”
Gelman said he thought Trump’s attorneys “kept their cool” while cross-examining Daniels and Cohen.
“Trump’s legal team, they objected as much as they could. A lot of the objections that they put out were overruled,” Gelman told Fox News Digital. “Again, I think that the judge did a terrible job with that, because a lot of the objections should not have been overruled. And then you look on the other side where the prosecution, they objected to the same things – very, very similar – and their objections were sustained. So, the double standard was very noticeable.”
While neither legal expert faulted Trump’s attorneys for calling former Michael Cohen legal adviser Robert Costello, Holloway admitted that the move “did backfire, because the judge handcuffed them.”
“It’s very easy to Monday-morning-quarterback these things,” Holloway said. “They had a very tough jurisdiction. They had a very tough judge. They had a tough jury, and they were obviously in enemy territory. They did a very good job, considering where they were and what they had to work with.”
Politics
How Republicans and Democrats are Redistricting Urban Areas to Tilt the House
American cities — densely populated and overwhelmingly Democratic — are typically prime targets for aggressive gerrymanders. This past year has been no different, as urban areas became casualties of newly partisan maps, drawn by both Republicans and Democrats in a rare bout of middecade redistricting.
With nearly 80 percent of the United States population living in urban areas, according to the census, mapmakers using modern data technology can surgically split cities block by block to eke out a partisan advantage. They “pack” like-minded voters into a single district, or “crack” them, linking slivers of concrete-covered downtowns with farmland hundreds of miles away.
While the intentions are often political, these julienned districts often leave communities with little in common, and no cohesive representation in Congress. Roughly 37 percent of congressional districts are either urban or an urban-suburban mix, while 63 percent remain rural or rural-suburban, according to the District Density Scale.
So far this year, state lawmakers have carved up major Democratic cities in the nationwide redistricting arms race, drawing new maps in five states. Virginia could be next, if voters approve a referendum Tuesday to redraw boundaries and potentially add four Democratic seats.
Kansas City, Mo.
Take the Kansas City, Mo., area as a clear example. Late last year, Gov. Mike Kehoe signed into law a new map that would pave the way for eliminating a Democratic seat and add a Republican one, potentially ousting a longtime representative, Emanuel Cleaver, who was also the first Black mayor of Kansas City.
2024 districts
The proposed map effectively slices apart — or “cracks” — the old Fifth District, which previously held a majority of Democratic-dominated Kansas City and its metropolitan area, into three parts.
2024 districts
District
Margin
5th
Dem. +23.2 D +23.2
6th
Rep. +38.9 R +38.9
4th
Rep. +42.3 R +42.3
New districts
District
Margin
5th
Rep. +18.2 R +18.2
4th
Rep. +21.2 R +21.2
6th
Rep. +26.7 R +26.7
As a result, Democratic voters from Kansas City are spread out across three new districts where they are likely to be outnumbered by Republican voters. The Kansas City area went from having one Democratic district and two Republican districts to having three Republican districts.
Northern Virginia
While Missouri illustrates how a single-district city can be cracked apart to dilute the votes of a densely packed partisan area, Virginia is taking a different approach. Its proposed map spreads out Democrats from the crammed northern Virginia suburbs into multiple districts spreading more than a hundred miles into deeply red areas for the opposite outcome: to tilt more districts blue.
2024 districts
While there is no central city in northern Virginia — Fairfax County, the state’s largest municipality, boasts nearly 1.2 million people but sprawls across nearly 400 square miles — the northern reaches of the state have a population in the millions and are mostly Democratic.
2024 districts
District
Margin
8th
Dem. +49.3 D +49.3
11th
Dem. +34.0 D +34.0
10th
Dem. +8.3 D +8.3
7th
Dem. +2.9 D +2.9
6th
Rep. +23.8 R +23.8
New districts
District
Margin
8th
Dem. +17.5 D +17.5
11th
Dem. +13.4 D +13.4
10th
Dem. +12.4 D +12.4
7th
Dem. +8.1 D +8.1
1st
Dem. +7.5 D +7.5
The result is an exceptionally aggressive “cracking” of Democratic voters in the northern part of the state across five congressional districts, which would lead to the elimination of three Republican-held seats (the proposed Virginia map eliminates all but one Republican-controlled district).
Houston
In larger cities like Houston, mapmakers have the opportunity to get creative in their carving. At President Trump’s behest, Texas was the first state to redistrict last year. Let’s look at Houston’s old Ninth District.
2024 districts
The old Ninth District was mostly swallowed by the newly crafted 18th District, and remaining voters were funneled into three Republican-leaning districts and one Democratic one.
2024 districts
District
Margin
9th
Dem. +44.0 D +44.0
18th
Dem. +39.7 D +39.7
7th
Dem. +20.7 D +20.7
29th
Dem. +20.3 D +20.3
38th
Rep. +20.7 R +20.7
New districts
District
Margin
18th
Dem. +54.9 D +54.9
29th
Dem. +30.4 D +30.4
7th
Dem. +23.4 D +23.4
9th
Rep. +19.9 R +19.9
38th
Rep. +21.0 R +21.0
But Houston’s maps also illustrate a second gerrymandering strategy: “packing.” The new 18th District was drawn to be exceptionally Democratic, “packing” a high concentration of Democrats into a single district, thereby ensuring that they would be outnumbered in neighboring districts.
Dallas
As another densely populated city, and one with a large population of people of color, Republicans in Texas sliced some congressional districts in the state, while packing Democrats into others.
2024 districts
The newly drawn 32nd District is a textbook example of “cracking,” splitting apart the eastern and northern suburbs of Dallas and extending the district more than a hundred miles east, into more rural and deeply Republican areas of East Texas. As a result, the new 32nd District is solidly red compared with its previous blue tint.
2024 districts
District
Margin
33rd
Dem. +33.7 D +33.7
32nd
Dem. +23.6 D +23.6
24th
Rep. +15.5 R +15.5
5th
Rep. +27.0 R +27.0
6th
Rep. +28.4 R +28.4
New districts
District
Margin
30th
Dem. +47.0 D +47.0
33rd
Dem. +32.6 D +32.6
24th
Rep. +16.1 R +16.1
32nd
Rep. +17.6 R +17.6
5th
Rep. +21.4 R +21.4
The cracking and packing in Dallas achieved another outcome: drawing current incumbents out of their districts, forcing some into primaries against one another while prompting others to leave the House entirely. In Dallas, Representative Jasmine Crockett chose to run for Senate after being drawn out of the 30th District (She lost in March to James Talarico).
Politics
Byron Donalds cracks down on persistent border blind spot leaving US vulnerable to overstays
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FIRST ON FOX: Florida Republican Rep. Byron Donalds introduced legislation that would require biometric tracking of every entry and exit from the United States, as part of a Republican push to crack down on visa overstays and fraudulent immigration documents.
With illegal crossings down sharply under President Donald Trump’s second term, Republicans are shifting toward the next phase of immigration enforcement — tracking visa overstays and closing documentation loopholes. Donalds’ bill aims to force full nationwide use and federal oversight of the biometric entry-exit system.
Donalds told Fox News Digital exclusively he introduced the legislation on Monday.
“Thanks to President Trump’s decisive actions, our borders are more secure than they have been in decades. We are now moving to finish the job by introducing the Reform Immigration Through Biometrics Act, which provides the oversight needed to ensure every entry and exit is fully verified,” Donalds told Fox News Digital.
FLORIDA SHERIFF SAYS ICE PARTNERSHIP ONLY THE BEGINNING IN ILLEGAL MIGRANT CRACKDOWN
Congressman Byron Donalds is introducing Reform Immigration Through Biometrics Act to tighten immigration enforcement nationwide. (Paul Ratje / AFP via Getty Images)
The bill would close gaps to ensure full coverage at every port, provide system flow updates, and identify what is “slowing” it down by requiring DHS to report to congress. The biometric data system collects fingerprints, facial images, and iris scans.
Immigration reform is a central focus of the second Trump administration, with officials shifting attention toward internal tracking and enforcement gaps, not just border crossings.
The biometric entry-exit system was first introduced a decade ago, following a 2004 recommendation from the 9/11 Commission to strengthen national security through a comprehensive tracking method.
HOUSE GOP BILL COULD TRIGGER SELF-DEPORTATION FOR SOMALI REFUGEES AMID MINNESOTA FRAUD PROBE
Previous administrations failed to fully implement the system across all ports of entry, leaving it incomplete. A final rule issued in December 2025 now mandates a nationwide rollout.
Donalds’ legislation aims to ensure it is fully executed this time by holding DHS accountable.
“The border has been secured, but the work is far from over,” said Donalds in a press release. “Visa overstays and fraudulent documentation remain a large piece of the overall illegal immigration puzzle that needs to be addressed.”
Byron Donalds, a Florida lawmaker and gubernatorial candidate, unveiled legislation cracking down on immigration overstays. (Kevin Dietsch/Getty Images)
Data from the Border Patrol cited by Pew Research found there were 237,538 migrant encounters at the Mexican border in 2025. It is the lowest number since Richard Nixon was president in 1970 when 201,780 were encountered.
I REPRESENT A BORDER DISTRICT THAT WAS SWAMPED BY ILLEGAL IMMIGRATION. WHAT I’M SEEING NOW MIGHT SURPRISE YOU
Migrants wait in line to turn themselves in for processing to US Customs and Border Protection border patrol agents near the Paso del Norte Port of Entry after crossing the US-Mexico border in El Paso, Texas, on May 9, 2023. (Patrick T. Fallon/AFP)
Donalds, candidate for Florida governor to succeed term-limited Gov. Ron DeSantis, said he anticipates “swift passage” of the bill.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
“Republicans are steadfast in our commitment to the mandate entrusted to us by the American people,” he told Fox News Digital.
Fox News Digital reached out to DHS for comment.
Politics
Former state Controller Betty Yee drops out of the governor’s race
Former state Controller Betty Yee dropped out of the governor’s race on Monday, citing low levels of support from voters and donors.
Yee, a Democrat, was part of a sprawling field of politicians vying to replace termed-out Gov. Gavin Newsom. But despite the bevy of prominent candidates running to lead the nation’s most populous state and the world’s fourth-largest economy, this year’s governor’s race has lacked a clear front-runner well known by the electorate.
“It was becoming clear that the donors were not going to be there. Even some of my former supporters just felt like they needed to move on as well,” Yee said in a virtual news conference Monday morning, adding that her internal polling showed voters did not prioritize “competence and experience … and that’s really been my wheelhouse in terms of how we grounded this campaign.”
The former two-term state controller did not immediately endorse another candidate and said she would take a few days to assess the field before making an announcement.
The race was upended this month when then-Rep. Eric Swalwell, among the leading Democrats in the contest, was accused of sexual assault and other misconduct. The East Bay Area Democrat, who is facing multiple criminal investigations, promptly ended his gubernatorial bid and resigned from Congress.
Yee said the contest would probably go down as “one of the most unusual, unpredictable and unsettling races in modern California history.”
“I certainly could not have imagined the twists and the disturbing turns that this race has taken,” she said. “But through it all, my values and my vision for California has never wavered.”
“Voters are scared right now, and I think they really are placing a lot of prominence on a fighter in chief against this Trump administration,” she said.
Though she was prepared to be a governor that would push back against the Trump administration, Yee said her calm demeanor did not help her grab attention.
“We are living in like a reality TV era, where to get traction, you have to either be the loudest, you have to have gimmicks. You’ve got to do what you’ve got to do to get attention. I got no gimmicks. I have no scandals,” she said before calling herself “Boring Betty.”
Yee, 68, was well regarded by Democrats during her tenure in Sacramento.
But she never had the financial resources to aggressively compete in a state with many of the most expensive media markets in the nation.
Yee reported raising nearly $583,000 in 2025 for her gubernatorial bid, according to campaign fundraising reports filed with the California secretary of state’s office. Yee’s announcement that she is dropping out of the race came days before the latest financial disclosures will be publicly reported.
Despite being elected to the state Board of Equalization twice and as state controller twice, Yee was not widely known by most Californians. She never cracked double digits in gubernatorial polls.
Her name will still appear on the ballot. She was among the candidates who rebuffed state Democratic Party leaders’ request this year to reconsider their viability amid fears that the party could be shut out of the November general election because of the state’s unique primary system. The top two vote-getters in the June primary will move on to the November general election, regardless of party affiliation.
Though California’s electorate is overwhelmingly Democratic, the makeup of the gubernatorial field makes it statistically possible for Republicans to win the top two spots if Democratic voters splinter among their party’s candidates. Yee said fear of that scenario playing out “kind of took over” the gubernatorial race.
“Was it possible? Yes. Was it plausible? No, we’re in California. That was not going to happen,” she said, adding that the top-two primary system “has got to go.”
The daughter of Chinese immigrants, Yee said she was disappointed that other Asian American donors and community members did not show up for her as “robustly” as they had in the past.
“We had the opportunity to make history,” she said. “I’m going to want to do a deep dive about … what was it about my campaign that just did not resonate with them.”
Still, Yee was beloved by Democratic Party activists and previously served as the party’s vice chair.
No Democratic candidate reached the necessary threshold to win the party’s official endorsement at its February convention, but Yee came in second with support from 17% of delegates despite calls for her to drop out of the race.
“Every poll shows that this race is wide open, and I know this party,” she said in an interview at the convention. “Frankly, I’ve been in positions where it’s been a crowded field, and we work hard and candidates emerge.”
Yee became emotional Monday as she thanked her supporters and family, including her husband, siblings and mother. “She’s now 103 years old, and her life and voice and wisdom are my compass,” Yee said.
The gubernatorial primary will take place June 2, though voters will start receiving mail ballots in about two weeks.
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