Northeast
Key Trump witness nixed after Merchan's stringent rulings reveals what his testimony would have been
Jury dismissed after Trump defense rests
Fox News’ Trey Gowdy breaks down the final day of testimony in the NY v. Trump trial as jurors were dismissed without hearing from the former president on the witness stand.
Former President Trump’s legal team was slated to call on a former commissioner of the Federal Election Commission to testify in the NY v. Trump case, but the expert’s testimony was not heard after the presiding judge curbed the scope of what he could discuss before the jury.
“Judge Merchan has so restricted my testimony that defense has decided not to call me. Now, it’s elementary that the judge instructs the jury on the law, so I understand his reluctance,” former FEC Commissioner Bradley Smith posted on X on Monday.
“But the Federal Election Campaign Act is very complex. Even Antonin Scalia – a pretty smart guy, even you hate him – once said ‘this [campaign finance] law is so intricate that I can’t figure it out.’ Picture a jury in a product liability case trying to figure out if a complex machine was negligently designed, based only on a boilerplate recitation of the general definition of ‘negligence.’ They’d be lost without knowing technology & industry norms,” he continued.
Smith is an election law expert who Trump has called the “Rolls-Royce” of experts in his field, but he will not testify after Judge Juan Merchan ruled that Smith could speak before the court on the basic definitions surrounding election law but not expand beyond that scope.
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Former President Trump sits in the courtroom during his trial at Manhattan Criminal Court in New York City on May 21, 2024. (Michael M. Santiago/Getty Images)
Trump was charged with 34 counts of falsifying business records in the first degree in the case. Manhattan District Attorney Alvin Bragg must prove to the jury that not only did Trump falsify the business records related to payments to former porn actress Stormy Daniels but that he did so in furtherance of another crime: conspiracy to promote or prevent election.
Smith served as an FEC commissioner and chair between 2000 and 2005. The FEC is the U.S. agency dedicated to enforcing campaign finance laws. His testimony was slated to shed light on prosecutors’ allegations that Trump falsified business records, which is a misdemeanor that has already passed the statute of limitations, in order to cover up an election violation.
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Smith wrote on social media that while the prosecution’s star witness, Michael Cohen, was allowed to go “on at length about whether and how his activity violated” the Federal Election Campaign Act (FECA), he was barred from broadening the scope of his previously anticipated testimony, which “effectively” led to the jury getting “its instructions on FECA from Michael Cohen!”
Bradley Smith was supposed to be a defense witness in the NY v. Trump case. (Douglas Graham/Roll Call/Getty Images/File)
Smith spoke with the Washington Examiner on Monday and discussed what he would have said in court if he testified.
“Judges instruct the juries on the law,” Smith told the outlet. “And they don’t want a battle of competing experts saying here’s what the law is. They feel it’s their province to make that determination. The problem, of course, is that campaign finance law is extremely complex and just reading the statute to people isn’t really going to help them very much.”
Smith said he anticipated “to lay out the ways the law has been interpreted in ways that might not be obvious” while noting election laws are very complicated matters.
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Michael Cohen is questioned by prosecutor Susan Hoffinger on redirect during former President Trump’s criminal trial in New York City on May 20, 2024. (Reuters/Jane Rosenberg)
“You read the law, and it says that anything intended for the purpose of influencing an election is a contribution or an expenditure,” Smith said. “But that’s not in fact the entirety of the law. There is the obscure, and separate from the definitional part, idea of personal use, which is a separate part of the law that says you can’t divert campaign funds to personal use. That has a number of specific prohibitions, like you can’t buy a country club membership, you can’t normally pay yourself a salary or living expenses, you can’t go on vacation, all these kinds of things. And then it includes a broader, general prohibition that says you can’t divert [campaign funds] to any obligation that would exist even if you were not running for office.”
COHEN’S BOMBSHELL ADMISSION COULD LEAD TO HUNG JURY, IF NOT ACQUITTAL: EXPERT
“We would have liked to flag that exception for the jury and talk a little bit about what it means,” Smith said. “And also, we would have talked about ‘for the purpose of influencing an election’ is not a subjective test, like, ‘What was my intention?’ It’s an objective test.”
Michael Cohen and former President Trump (Getty Images)
The case surrounding Trump’s payments is one that both the Justice Department and FEC rejected to prosecute in recent years. The Justice Department in 2019 “effectively concluded” its investigation into Trump’s payments. While in 2021, the Federal Elections Commission announced that it had dropped a case looking into whether Trump had violated election laws for the payment to Daniels.
JIM JORDAN DEMANDS NY AG HAND OVER DOCUMENTS RELATED TO FORMER DOJ OFFICIAL AT HEART OF NY V TRUMP
Smith has previously joined Fox News, where he also noted that the “Federal Election Commission chose not to act on this.”
Bradley Smith testifies during a House subcommittee hearing on lobbying reform on March 1, 2007. (Bill Clark/Roll Call/Getty Images)
“DA Bragg in this case waited, I think it was almost a year, before even bringing the charges. And I think that’s because the charges were flimsy. And as you point out, they’ve been, you know, the prior DA had said, ‘No, we’re not going to bring this.’ The DOJ said no. The Federal Election Commission said no. And when he got increased political pressure, he brought the case,” Smith told Fox News host Mark Levin earlier this year before the trial kicked off.
Smith also wrote an opinion piece published by The Federalist last month, when the trial kicked off, arguing that Bragg’s office had “one big problem” with the case.
Former President Trump sits in the courtroom in New York City on May 21, 2024. (Michael M. Santiago/Getty Images)
“The [prosecution’s] theory is that Trump’s payments to Daniels were campaign expenditures and thus needed to be publicly reported as such. By not reporting the expenditure, the theory goes, Trump prevented the public from knowing information that might have influenced their votes,” he wrote in the opinion piece.
NY PROSECUTORS REVEAL ‘ANOTHER CRIME’ TRUMP ALLEGEDLY TRIED TO CONCEAL WITH FALSIFIED BUSINESS RECORDS
“There is one big problem with this theory: The payments to Daniels were not campaign payments.”
He said political candidates frequently act in ways that could be interpreted as serving a “purpose of influencing an election,” that politicians could get their teeth whitened or buy a new suit with campaign funds to look snappy on the campaign trail.
Rhona Graff testifies as former President Trump watches during his criminal trial in New York City on April 26, 2024. (Reuters/Jane Rosenberg)
“That’s because, in campaign finance law, these types of expenditures are known as ‘personal use.’ FECA specifically prohibits the conversion of campaign funds to personal use, defined as any expenditure ‘used to fulfill any commitment, obligation, or expense that would exist irrespective of the candidate’s election campaign,’” he wrote.
TRUMP TOUTS DEFENSE TEAM HAS ‘WON’ MANHATTAN CASE AS HE CALLS ON MERCHAN TO DISMISS
Smith continued on X on Tuesday that Bragg’s case hinges on prosecutors proving that Trump tried to influence an election through “unlawful means,” but the office has to rely on their own evidence as the DOJ and FEC both denied pursuing the case.
Judge Juan Merchan (AP Photos/File)
“If that’s the case, isn’t it entirely relevant (not dispositive, but relevant) to the jury’s fact-finding on that question that neither DOJ nor FEC chose to prosecute? But Judge Merchan won’t allow that in,” he wrote. “He will, though, allow in numerous references to Cohen’s guilty plea, and allow Cohen to testify as to how he thinks he and Trump violated FECA – though it appears that Cohen is a dunce about campaign finance laws.”
The defense team rested Tuesday, with Merchan dismissing the jury until after Memorial Day. Closing arguments are anticipated to kick off next Tuesday following the holiday.
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Pittsburg, PA
Pittsburgh Regional Transit retiring Fifth Avenue bus lane in Oakland
Some big changes are coming to Oakland for Pittsburgh Regional Transit riders, all of which include closures, construction, and the future of safety.
Riders who typically catch the bus on Fifth Avenue in Oakland should start preparing because starting Sunday, Pittsburgh Regional Transit says the bus lane on Fifth Avenue will be permanently retired.
It’s a part of their University Line project, designed to create a more reliable connection between Downtown, Uptown, and Oakland.
But without the Fifth Avenue bus lane, traffic is shifting.
“All of our bus operational movements are going to be moving over here to Forbes Avenue,” said Amy Silbermann, chief development officer with Pittsburgh Regional Transit.
For riders, this means big changes.
Seventeen outbound bus stops along Fifth Avenue will be eliminated, 9 bus routes will be rerouted, and all outbound buses will travel on Forbes with general traffic.
“Forbes Avenue is going to be more congested. We will have more buses than today,” Silbermann noted.
While the closure is permanent, the construction and renovation will be temporary, and part of a much bigger plan.
“Ultimately, that lane is going to turn into a two-way protected bicycle facility. All buses will remain on Forbes Avenue outbound for as long as we know,” Silbermann said.
This change will now leave Forbes as the main bus corridor.
“Ultimately, one lane on Forbes Avenue is going to become a bus-only lane. However, that’s not happening until later next year.”
In the meantime, PRT says it’s working with the city and Port Authority police to keep traffic moving. The entire project is expected to be completed by 2027.
“This is not about making buses rapid. This is about making buses move more reliably and continuously throughout the corridor,” Silbermann said. “Today, they get very bunched up because of the conditions. Once they get bunched up, they end up with big gaps in service, where you may wait a really long time and then get on a really overcrowded bus.”
PRT says they will have staff at select bus stops to help navigate through this transition.
Connecticut
Connecticut leaders react to capture of Venezuelan President Nicolas Maduro
CONNECTICUT (WTNH) — The United States military carried out “large scale” strike inside Venezuela in the early hours of Saturday morning, capturing Venezuelan President Nicolas Maduro and his wife, according to President Donald Trump.
Leaders in Connecticut are responding to the military action.
Sen. Richard Blumenthal (D-Conn.) shared the following statement.
“If we’re starting another endless war, with no clear national security strategy or need, count me out. Maduro is a cruel criminal dictator, but President Trump has never sought approval from Congress for war as the Constitution requires – and our military deserves. We’ve seen several Administrations lead us into conflicts without objectives or timelines and with disastrous consequences. President Trump has also articulated no clear end game to prevent further chaos, violence, and bloodshed in Venezuela. The American people deserve—and Congress should demand—facts and clarity.”
Sen. Chris Murphy (D-Conn.) called the strike the start of an “illegal war” between the U.S. and Venezuela.
“President Trump thinks he is above the law. He steals from taxpayers. He thumbs his nose at the law. And now, he is starting an illegal war with Venezuela that Americans didn’t ask for and has nothing to do with our security. How does going to war in South America help regular Americans who are struggling? How does this do anything about drugs entering the U.S. when Venezuela produces no fentanyl? What is the actual security threat to the United States? And what happens next in Venezuela? He cannot answer these questions – and that’s why there was no briefing to Congress to explain this action, and no briefing scheduled. And Maduro’s illegitimate election does not give the president the power to invade without congressional approval, nor does it create a national security justification. That contention is laughable. This is about satisfying Trump’s vanity, making good on the long standing neocon grudge against Maduro, enriching Trump’s oil industry backers, and distracting voters from Epstein and rising costs.”
Rep. Jim Himes (D-Conn.) said the Trump administration acted without congressional approval.
“Maduro is an illegitimate ruler, but I have seen no evidence that his presidency poses a threat that would justify military action without Congressional authorization, nor have I heard a strategy for the day after and how we will prevent Venezuela from descending into chaos. Secretary Rubio repeatedly denied to Congress that the Administration intended to force regime change in Venezuela. The Administration must immediately brief Congress on its plan to ensure stability in the region and its legal justification for this decision.”
State Senate Republican Leader Stephen Harding (R-Conn.) shared that he hopes Maduro is brought to justice, calling him an “integral culprit” in the “narcotic ring” in the United States.
“President Maduro has been an integral culprit in fostering the narcotic ring in our country which has killed far too many Americans. I hope he is brought to justice and we can continue to address the substance abuse crisis that our state and country continues to face.
The Chairman of the Connecticut Republican Party Ben Proto shared the following statement.
“President Trump promised to stop the flow of drugs into the US that have been killing millions of Americans. Nicolas Maduro, who declared himself President, while getting about 30% of the vote in the last so called free election in Venezuela, was given multiple warnings to stop the flow of drugs from his country into America, was offered help by the Trump administration in stopping the flow, but he continued to, not only allow the flow of drugs, but condone it and profit from it. Presidents have long used their constitutional authority to intervene in other countries when those countries posed a danger to America and Americans. President Trump did just that. Unfortunately Democrats, particularly Jim Himes, Chris Murphy and Dick Blumenthal are more interested in playing politics than in protecting Americans. Nearly 1,000 Connecticut residents died from drug overdoses in 2024 and we have seen an increase in overdoses in 2025. If only Democrats cared as much about Americans as they do about a drug lord running another country who profits from the death of Americans.“
Rep. Jahana Hayes (D-Conn.) demanded that Congress must be briefed before further action.
“As information about U.S military strikes in Venezuela unfold, I have more questions than answers. Nicolas Maduro is a brutal dictator who caused so much harm to his people. However, as Americans we must seriously weigh the consequences of attacking a sovereign nation and committing to “run Venezuela.” Congress must be briefed immediately, before this situation continues to escalate. I will comment further as credible information becomes available to Members of Congress.“
Rep. Rosa DeLauro (D-Conn.) shared the following statement, claiming that there could be “severe repercussions for American interests.”
“President Trump’s unilateral decision to attempt a regime change operation in Venezuela by using military force to capture Nicolas Maduro and declaring, ‘we will run the country’, threatens global order and is a fundamental violation of the Constitution, which gives Congress the responsibility of authorizing major military actions that could have severe repercussions for American interests.
“America’s unprecedented global strength and prosperity was built on this principle of restraining military force through democratic bodies like Congress. President Trump has shredded this principle, and along with it has destroyed American credibility and emboldened our adversaries to act with similar aggression. This new foreign policy that President Trump and his advisors have used to justify this act of war, including invoking the 200-year-old Monroe Doctrine as a justification for America to do whatever it pleases in the Western Hemisphere, is the exact same reasoning that China would use to justify invading Taiwan, and which Russia has used to assault Ukraine.
“President Trump has also now threatened Cuba with similar language, and is preparing a giant corrupt giveaway to oil companies by claiming that the United States will acquire Venezuela’s oil. This is corruption of the highest order. Maduro was an authoritarian who stayed in power despite the will of the people, but that does not justify the United States in starting a war to benefit some of the world’s wealthiest corporations.
“President Trump did all of this without the consent of Congress, and without providing any details or day-after plans. The full consequences of this act of war will not be known for some time, and they may require putting American boots on the ground in Venezuela, as the President has said he was prepared to do. The American people do not want to be dragged into another endless conflict distracting from the rising cost of living and the affordability crisis. Whatever happens next, the responsibility will be squarely with President Trump and his contempt for the Constitution and for Congress.”
Rep. John Larson (D-Conn.) echoed the statements of his fellow Democrats.
“This is yet another authoritarian power grab by Donald Trump. As he indicated in his address, it’s clear it’s about the oil!!! And securing that oil!!! And securing it with the use of our brave men and women in the United States military!!! The Constitution entrusts Congress, not the President, with the power to declare war for a reason. It’s Congress’s responsibility to decide whether the nation goes to war or not! That’s why I’m joining with others in calling on the President to immediately brief Congress—and for Congress to assert its authority under the Constitution and the War Powers Act—to let this President know he does not have the authority to unilaterally commit our country to yet another endless war.“
This is a developing story. Stay with News 8 for updates.
Boston, MA
Defense, Donovan Clingan power Trail Blazers past Boston Celtics
There was clutch fourth-quarter defense, inspiring two-way play from Toumani Camara and another stat-stuffing performance by Deni Avdija.
But perhaps no one or no thing meant more to the Portland Trail Blazers on Sunday than Donovan Clingan.
The starting center’s combination of defense, emotion and dominance powered the Blazers to a 114-108 win over the Boston Celtics before 17,949 at the Moda Center.
“I think he was our best defensive player,” Blazers acting coach Tiago Splitter said of Clingan. “Just his presence, reading every situation, talking, leading. He was a big part of our win.”
Clingan finished with 18 points and 18 rebounds, recording his ninth double-double of the season, as the Blazers (13-19) ended a three-game losing streak. He was suffocating early, producing 11 points and eight rebounds in the first quarter. He was clutch late, adding five points and six rebounds in the fourth. And he was a mountain of energy and intensity throughout.
He stared down Celtics players after monster two-handed dunks. He came oh-so-close to drawing a technical foul in the second half, when he towered over a Boston player after finishing a dunk. And he punctuated big shots with screams to the rafters and raised arms.
The Blazers seemed to feed off his energy and emotion, riding it all the way a much-needed win.
“He’s one of those dudes that scores (and) looks at the opponent,” Splitter said. “He tries to bring some juice every time he (has) a good play or a block or something like that, just to pass (it along) to the rest of the guys, the energy, the belief that he has. He’s very important for our defense, for our offense, for the whole locker room’s energy. He’s one of those guys.”
Of course, it took more than Clingan for the shorthanded Blazers to topple the Celtics (19-12).
Camara finished with 20 points, made four of five three-pointers in the second half and played imposing defense. Avdija overcame a shaky first half that included five turnovers to produce 24 points, 10 assists and seven rebounds. Shaedon Sharpe added 26 points and five rebounds and Caleb Love scored 18 points off the bench, which included 10 crucial points in the fourth quarter.
Boston had control for most of the first half and built a 10-point lead in the third quarter, thanks in large part to a breathtaking performance by Jaylen Brown, who torched the Blazers with 27 points on 11-for-16 shooting before halftime.
But Splitter tweaked his defense to feature a swarm of double teams and blitzes at the Celtics’ All-Star forward, and it helped fuel a second-half turnaround.
Portland opened the third quarter by outscoring Boston 12-2 and Brown managed just 10 points on 3-for-8 shooting after halftime.
Still, like most of the Blazers’ games this season, the outcome came down to clutch time. And this time, the Blazers’ defense was the difference.
Portland held Boston to three points over the final two minutes, 41 seconds of the game, allowing just one field goal — a Derrick White three-pointer with 43.0 seconds left. Otherwise, the Blazers’ defense was stifling, forcing two missed shots and four turnovers, including two on the Celtics’ final two possessions of the game. The Celtics scored just 45 points in the second half, including 23 in the pivotal fourth quarter.
“I think Sidy (Cissoko) brought energy,” Splitter said. “Toumani always (does). D.C. was protecting the rim, his rebounding was huge. But as a group, the energy was there. We were fighting every screen. They have great players that can shoot the ball. They’re one of the best shooting teams in the league. So (we) had to fight all those screens, getting over or under, and (we) did a good job navigating those positions.”
Top performers
Avdija finished with 20 or more points for the 26th time this season and recorded double-digits in assists for the fifth time this season.
Brown finished with 37 points, seven rebounds and four assists for the Celtics, who had won four in a row and nine of 11.
A pair of reunions
Anfernee Simons returned to the Moda Center for the first time as a visitor, finishing with 13 points, three rebounds, two steals and one assist in 19 minutes.
Simons, who spent his first seven seasons with the Blazers, was traded to the Celtics in the offseason in a move that brought Jrue Holiday to Portland. Simons came off the bench for Boston on Sunday and swished his first shot — a three — 17 seconds later. But his shot was mostly cold the rest of the night as Simons made just 4 of 11 field goals, including 2 of 6 threes.
Meanwhile, Payton Pritchard, who went to West Linn High School and played for the Oregon Ducks, recorded nine points, five assists, five rebounds and two steals in 38 minutes.
Meanwhile, Payton Pritchard, who went to West Linn High School and played for the Oregon Ducks, recorded nine points, five assists, five rebounds and two steals in 38 minutes.
Next up
The Blazers host the Dallas Mavericks and No. 1 overall NBA draft pick Cooper Flagg Monday night at 7:30 at the Moda Center.
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