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Column: Did Stormy Daniels' testimony help or hurt the case against Trump? It's complicated

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Column: Did Stormy Daniels' testimony help or hurt the case against Trump? It's complicated

When Manhattan Assistant Dist. Atty. Susan Hoffinger announced on Tuesday, the 13th day of Donald Trump’s hush-money trial, that “the people call Stormy Daniels,” there was a perceptible tremor of anticipation among the jurors. Although the 34 criminal offenses charged against Trump are legally peripheral to his interactions with the adult-film star, Daniels is central to the drama the prosecution has been framing for the jury.

The seven men and five women tasked with determining the former president’s guilt had been hearing from multiple vantage points about the woman whose allegation of a 2006 sexual encounter with Trump had triggered an existential crisis in his campaign. Daniels was the moving force behind the whole tawdry payout that purportedly necessitated the elaborate document doctoring that is the subject of the New York indictment.

So the jury took obvious notice and listened intently to her story. It’s at once a sort of classic American tale of a rise to success from hardscrabble beginnings and a, well, exotic narrative from a world that is presumably foreign to the jury, one of not only adult films but also celebrity golf tournaments, famous athletes and cavernous hotel suites.

Daniels’ presentation reflected these conflicting forces. She came across on the one hand as intelligent, worldly and proud of her accomplishments. But she also told of stumbling half-aware into sex with a powerful older man whom she found repulsive in many ways, leaving her confused and stupefied.

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She also spoke very quickly, perhaps betraying nervousness, and her answers often wandered well outside what the questions called for. That more than once caused Judge Juan M. Merchan to respond with evident pique, at one point interjecting (and sustaining) his own objection. Like most good trial judges, Merchan seems to command respect from the jurors, so his remonstrations are likely to affect their view of the witness.

Merchan had attempted to establish guardrails to prevent testimony about essentially gratuitous details that are far afield from the criminal charges and could prejudice the jury against Trump. And sure enough, after the prosecutor’s direct examination of Daniels, the defense moved for a mistrial, citing her account of such icky particulars as Trump’s failure to wear a condom.

Even more than the prurient particulars, Daniels’ testimony posed a problem by suggesting her alleged encounter with Trump was in some sense coercive. Although she testified repeatedly that she was not forced to have sex with the defendant, she also noted his greater physical size, the unbalanced power dynamic between them and her care to keep their subsequent encounters public.

Merchan denied the motion for a mistrial while noting that Daniels was in some ways a difficult witness to control. You can be sure that the issue will come up on appeal should Trump be convicted.

At the same time, Daniels’ cross-examination by Trump lawyer Susan Necheles had its own problems and may have increased the jury’s sympathy for the witness. Necheles continually accused Daniels of being a liar and a gold digger. The questions occasionally got a rise out of Daniels, but more frequently she swatted them away with a flat “false” or “no.” That, along with frequent sidebars between the judge and attorneys, disrupted the rhythm of the exchange, which lacked the crisp control and momentum of an effective cross-examination.

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Daniels’ testimony therefore holds potential risks and rewards for both parties, and it’s not easy to calculate how it will play on balance.

From the vantage point of the prosecution, the legal essentials of the hush money payment and alleged fabrication of documents don’t turn on whether the jury believes Daniels. Indeed, a number of analysts suggested the district attorney would have been better off not calling her at all.

What that analysis overlooks, however, is the jury’s natural desire to take the measure of the woman who propelled the crisis and about whom they had heard so much. Not calling her risked leaving them wondering what the prosecution was hiding.

On the other hand, if a good portion of the jury didn’t like Daniels or, worse, didn’t believe her, that could negatively influence their deliberations.

From Trump’s vantage point, the risks are keener. That is in large part because his vanity and arrogance have forced his lawyers to commit to an unnecessary insistence that he never had sex with Daniels. Consequently, if the jury credits the basics of her story, it discredits Trump.

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And it’s very hard to see how the jury could adopt Trump’s absolutist account, including his claim that he met Daniels only once at a celebrity golf tournament. For starters, the evidence that they met several times thereafter is basically undisputed.

The next trial day, Thursday, will begin with the balance of the cross-examination followed by the government’s redirect. Both sides will have studied the transcripts and adjusted their approaches. Yet it’s likely that the 12 most important people in the courtroom have formed their fundamental impressions of the witness. More than with any other witness in this trial to date, the nature and import of those impressions are unpredictable.

That being said, her overall story was credible and, moreover, corroborated by other witnesses in most if not all of its important details. Having watched the jury carefully from my seat in the courtroom Tuesday, I think Daniels did what she needed to do.

Harry Litman is the host of the “Talking Feds” podcast and the Talking San Diego speaker series. @harrylitman

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Navy Secretary John Phelan Is Leaving the Pentagon and the Trump Administration

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Navy Secretary John Phelan Is Leaving the Pentagon and the Trump Administration

Navy Secretary John Phelan was fired on Wednesday after months of infighting with senior Pentagon leaders and disagreements over how to revive the Navy’s struggling shipbuilding program.

Mr. Phelan is leaving the Pentagon and the Trump administration effective immediately, wrote Sean Parnell, the Pentagon’s chief spokesman, in a terse statement.

In his role leading the Navy, Mr. Phelan had championed the “Golden Fleet,” a major investment in new ships including a “Trump-class” battleship. But Mr. Phelan’s leadership was marred by feuds with senior leaders in the Pentagon, including Defense Secretary Pete Hegseth and Deputy Defense Secretary Stephen Feinberg, Pentagon and congressional officials said.

Mr. Phelan is the first service secretary to leave the administration, though he is the second one to clash with the defense secretary. Mr. Hegseth also has butted heads with Army Secretary Daniel P. Driscoll over promotions and a host of other issues. Mr. Hegseth fired the Army’s chief of staff, Gen. Randy George, earlier this month.

The Navy secretary has no role overseeing deployed forces, and Mr. Phelan’s firing is not likely to have significant implications for the conduct of the Iran war or U.S. Navy operations to blockade Iranian ports or open the Strait of Hormuz. As the Navy’s top civilian leader, his main responsibility is to oversee the building of the future naval and Marine Corps force.

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But the tumult could make it harder for the Navy to replenish its stock of Tomahawk missiles and high-end air defense systems, which have been in heavy use in Iran.

Tensions had been simmering for months between Mr. Phelan and his two bosses — Mr. Hegseth and Mr. Feinberg — over management style, personnel issues and other matters.

Mr. Feinberg, in particular, had grown increasingly dissatisfied with Mr. Phelan’s handling of the Navy’s major new shipbuilding initiative, and had been siphoning off responsibility for the project from him, said the congressional official, who spoke on the condition of anonymity to discuss personnel matters.

Mr. Phelan, a White House appointee, also had a contentious relationship with his deputy, Under Secretary Hung Cao, who is more aligned with Mr. Hegseth, especially on some of the social and cultural battles that have defined the defense secretary’s tenure, the officials said.

A senior administration official said that Mr. Hegseth informed Mr. Phelan before the Pentagon’s official announcement that he and President Trump had decided that the Navy needed new leadership.

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A spokeswoman for Mr. Phelan referred all questions on Wednesday evening to the Defense Department.

Last fall, Mr. Hegseth fired Mr. Phelan’s chief of staff, Jon Harrison, who had clashed with senior officials throughout the Pentagon. The unusual move highlighted the broader tensions between Mr. Hegseth and Mr. Phelan.

Still, the timing of Mr. Phelan’s firing caught some Pentagon and congressional officials off guard. On Wednesday, Mr. Phelan was making the rounds on Capitol Hill, talking to senators about his upcoming annual hearing with lawmakers to discuss the Navy’s budget request and other priorities.

“Secretary Phelan’s abrupt dismissal is troubling,” Senator Jack Reed of Rhode Island, the top Democrat on the Armed Services Committee, said in a statement Wednesday night. “In the midst of President Trump’s war of choice in Iran, at a moment when our naval forces are stretched thin across multiple theaters, this kind of disruption at the top sends the wrong signal to our sailors and Marines, to our allies, and to our adversaries.”

Mr. Phelan also had a close relationship with Mr. Trump. In December, Mr. Phelan appeared alongside Mr. Trump at his Mar-a-Lago resort to announce the “Golden Fleet” and the new class of battleships bearing Mr. Trump’s name.

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“John Phelan is one of the most successful businessmen in the country — in our country,” Mr. Trump said. “He’s been a tremendous success.”

Before joining the Trump administration, Mr. Phelan ran a private investment fund based in Florida.

“He’s taken probably the largest salary cut in history, but he wanted to do it,” Mr. Trump said at the December press conference. “He wants to rebuild our Navy. And you needed that kind of a brain to do it properly.”

But Mr. Trump’s effusive praise masked deeper tensions with Mr. Phelan’s Pentagon bosses.

Bryan Clark, a naval analyst at the Hudson Institute, said that Mr. Phelan was “driving the Navy in a different direction” than what Mr. Hegseth and Mr. Feinberg wanted.

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“He was championing initiatives like the battleship and frigate that don’t align with where the D.O.W. leadership is taking the military, which is toward submarines, stealth aircraft, unmanned systems and software-driven capabilities like electronic warfare and cyber,” Mr. Clark said in an email, using the abbreviation for Department of War, as the administration calls the Defense Department.

Mr. Phelan also clashed with Mr. Hegseth over personnel issues in the Navy and Marine Corps, a former senior military official said. Mr. Hegseth has directed service secretaries to scrub the social media accounts of general- and admiral-level promotion candidates to ensure they are not deemed too “woke” by Mr. Hegseth’s standards, the official said.

Maggie Haberman and Eric Schmitt contributed reporting.

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Manhattan DA’s office employee charged with sexual abuse after alleged incident on Queens subway

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Manhattan DA’s office employee charged with sexual abuse after alleged incident on Queens subway

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An analyst with the Manhattan District Attorney’s Office was arrested Tuesday on allegations that he sexually abused a woman while off duty, police told Fox News Digital Wednesday. 

Tauhid Dewan, 28, is accused of inappropriately touching a 40-year-old woman’s private area during a late-afternoon rush-hour subway ride in Queens, according to local outlet PIX11. 

The victim was reportedly a random woman, the outlet added, citing sources who said she and the suspect were strangers. 

A spokeswoman for the office told Fox News Digital that the staffer has since been suspended.

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MAN ARRESTED IN NYC STRANGULATION DEATH OF WOMAN FOUND OUTSIDE TIMES SQUARE HOTEL

Tauhid Dewan, 28, was arrested in New York City Tuesday following allegations that the Manhattan DA staffer innapropriately touched a woman during a subway ride (LinkedIn)

According to the New York Police Department, Dewan was arrested around 5 p.m., possibly after returning from work.

PIX11 added that the arrest occurred minutes after the incident, which allegedly took place on a No. 7 train near the Junction Boulevard station.

He was subsequently arrested by the NYPD Transit Bureau and is facing multiple charges, including forcible touching on a bus or train, third-degree sexual abuse, and second-degree harassment involving physical contact.

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He was also charged with acting in a manner injurious to a child under the age of 17, suggesting a minor may have been nearby and either witnessed the alleged conduct or was placed at risk by it.

ERIC SWALWELL FACES MANHATTAN SEX ASSAULT PROBE AFTER ENDING CALIFORNIA GOVERNOR CAMPAIGN AMID ALLEGATIONS

Tauhid Dewan is an employee of the Manhattan District Attorney’s Office, which is led by DA Alvin Bragg. (Spencer Platt/Getty Images)

Law enforcement sources said Dewan has no prior arrests, local outlets reported.

According to city records, Dewan has worked at the Manhattan District Attorney’s Office as a senior investigative analyst for nearly four years, since July 10, 2022.

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People board a train at a subway station in New York City on Aug. 1, 2025. (Gary Hershorn/Getty Images)

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His arraignment in Queens Criminal Court was scheduled for Wednesday, according to state records. 

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As primary election nears, top candidates for California governor debate tonight

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As primary election nears, top candidates for California governor debate tonight

With the California governor’s race quickly approaching, six candidates will face off Wednesday evening in the first debate since former Rep. Eric Swalwell dropped out of the race in the aftermath of sexual assault and misconduct allegations.

The debate takes place at a critical moment in the turbulent contest to replace termed-out Gov. Gavin Newsom. Ballots will start landing in Californians’ mailboxes in less than two weeks, and voters are split by a crowded field of eight prominent candidates. The debate also takes place after former state Controller Betty Yee ended her campaign because of a lack of resources and support in the polls.

Two Republicans — Riverside County Sheriff Chad Bianco and conservative commentator Steve Hilton — and four Democrats — billionaire Tom Steyer, former Biden administration Secretary Xavier Becerra, former Orange County Rep. Katie Porter and San Jose Mayor Matt Mahan — will take the stage at Nexstar’s KRON4 studios in San Francisco. Former Los Angeles Mayor Antonio Villaraigosa and state Supt. of Public Instruction Tony Thurmond, both Democrats, were not invited to participate because of their low polling numbers.

As the candidates strive to distinguish themselves in a crowded field, the debate could include fiery exchanges about the role of money in politics and potential heightened attacks on Becerra, who has surged in the polls since Swalwell dropped out. With the debate taking place on Earth Day, environmental issues are also likely to be raised.

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The Wednesday night gathering is the first televised debate in the gubernatorial contest since early February. Last month, USC canceled a debate hours before it was set to begin over mounting criticism that its criteria excluded all major candidates of color.

The 7 p.m. debate is hosted by Nexstar and will be moderated by KTXL FOX40 anchor Nikki Laurenzo and KTLA anchor Frank Buckley. It can be viewed on KRON4 (San Francisco), KTLA5 (Los Angeles), KSWB/KUSI (San Diego), KTXL (Sacramento), KGET (Bakersfield) and KSEE (Fresno). NewsNation will also air the debate.

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