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Litman: Trump's hush money trial is about to go to the jury. What's the most likely verdict?

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Litman: Trump's hush money trial is about to go to the jury. What's the most likely verdict?

After 20 days, 22 witnesses and intermittent courtroom fireworks, the evidence in Donald Trump’s New York hush money trial is all in. The case will soon be in the hands of the jury.

Who holds the advantage at this critical juncture? My assessment, after attending much of the trial in person, is that it’s the prosecution’s case to lose.

With the standing caveat that it takes only one juror to block a unanimous guilty verdict — and that the law puts the greatest burden on prosecutors — the case as it has come in puts the district attorney’s office in the driver’s seat going into next week’s closing arguments.

The prosecution’s essential achievement was to provide a compelling, credible narrative that points toward only one plausible conclusion: that Trump is guilty as charged.

The defense, by contrast, took a scattershot approach focused on undermining the credibility of any and all of the prosecution’s witnesses, particularly Michael Cohen, Trump’s former attorney and fixer. But what Trump’s lawyers didn’t do is provide a counternarrative, a story compelling enough to leave jurors with a reasonable doubt as to which explanation of the facts is true.

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Providing such a competing story isn’t the defense’s legal obligation, of course. The judge will instruct the jurors that if they have any reasonable doubt about the prosecution’s case, they should vote to acquit.

But my experience as a trial lawyer suggests a difference between freestanding doubt about one or more witnesses and a broader doubt about the rationale behind the charges — an alternative plotline that jurors might find believable. That’s the kind of defense being presented on behalf of Sen. Robert Menendez, for example, who is arguing that his wife is the guilty party.

From the first day of testimony, the prosecution has presented a tight, persuasive tale. It begins with an August 2015 meeting involving Trump, Cohen and tabloid executive David Pecker — who explained it to the jury from the stand — in which the parties agreed on a scheme to smother negative stories about Trump.

And sure enough, before the next year’s election, a series of scandal-mongers required neutralizing to insulate Trump from political damage. These episodes are akin to Acts II and III of the script, falling into place along the tracks that the Pecker testimony laid.

Hope Hicks’ testimony was brief but powerful given her longtime loyal service to Trump and her obvious candor notwithstanding her reluctance to harm her former boss, which seemed to cause her to break into tears. She confirmed in dramatic terms that Cohen and Allen Weisselberg, the Trump Organization’s then-chief financial officer, would not have cooked up the scheme to pay off the adult-film actor Stormy Daniels without Trump’s say-so.

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The prosecution effectively corroborated in advance most of what would come from its last and most important witness, Cohen. At the same time, the prosecutors encouraged their own witnesses to disparage Cohen, lowering expectations before he took the stand.

When he did, Cohen was low-key, responsive and agreeable. With a few exceptions, he accepted the insults the defense served up, accounting for most of the discrepancies in his story by explaining that he had been telling the truth since he left the Trump fold.

A couple of low points in Cohen’s testimony got a lot of attention, and it’s natural for the media to zero in on dramatic moments. But the jury is more likely to evaluate the evidence in the context of the whole narrative and a witness’ general comportment.

Most important, jurors, like all of us, make overall judgments about credibility, which is the heart and soul of the jury system. Taking the measure of the people before them, they decide whether their accounts are basically trustworthy, notwithstanding the defects of the messengers. And all the stories in this case — not just Cohen’s but those of other flawed witnesses such as Pecker and Daniels — cohere and ring true.

It follows that the impertinence of Robert Costello, a defense witness who muttered in disagreement with Judge Juan M. Merchan’s rulings, probably caught the jury’s attention more than the flaws in Cohen’s largely even presentation — especially once Merchan forcefully rebuked Costello’s buffoonish grandstanding.

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The prosecution’s cross-examination of Costello and redirect of both Cohen and Daniels were crisp, clear, textbook demolitions of the defense’s points. Trump’s team was more meandering and given to stray potshots, missing more than they hit.

I think the defense still has one largely overlooked escape hatch: the arcane legal instructions for deciding the felony charges. The charges require the prosecution to prove that Trump caused the alleged falsification of documents to further another crime. Prosecutors have offered up three different candidates for that other crime, each of which has flaws. I could see the jury, which includes two lawyers, considering the legal instructions very carefully and finding that the district attorney came up short. And in any event, the issue is sure to figure in an appeal.

But any appeal feels a millennium away. By the time that transpires, Trump will either be president, giving him extensive options for evading accountability, or a losing candidate facing three other criminal trials. This trial looks increasingly likely to be the only opportunity for a jury to decide for the first time whether a former president is a criminal. Going into the final act, I like the chances that he will be found guilty.

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

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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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President Donald Trump said on Thursday that he plans to meet with Venezuelan opposition leader Maria Corina Machado in Washington next week.

During an appearance on Fox News’ “Hannity,” Trump was asked if he intends to meet with Machado after the U.S. struck Venezuela and captured its president, Nicolás Maduro.

“Well, I understand she’s coming in next week sometime, and I look forward to saying hello to her,” Trump said.

Venezuelan opposition leader Maria Corina Machado waves a national flag during a protest called by the opposition on the eve of the presidential inauguration, in Caracas on January 9, 2025. (JUAN BARRETO/AFP via Getty Images)

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This will be Trump’s first meeting with Machado, who the U.S. president stated “doesn’t have the support within or the respect within the country” to lead.

According to reports, Trump’s refusal to support Machado was linked to her accepting the 2025 Nobel Peace Prize, which Trump believed he deserved.

But Trump later told NBC News that while he believed Machado should not have won the award, her acceptance of the prize had “nothing to do with my decision” about the prospect of her leading Venezuela.

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California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds

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California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds

California is suing the Trump administration over its “baseless and cruel” decision to freeze $10 billion in federal funding for child care and family assistance allocated to California and four other Democratic-led states, Atty. Gen. Rob Bonta announced Thursday.

The lawsuit was filed jointly by the five states targeted by the freeze — California, New York, Minnesota, Illinois and Colorado — over the Trump administration’s allegations of widespread fraud within their welfare systems. California alone is facing a loss of about $5 billion in funding, including $1.4 billion for child-care programs.

The lawsuit alleges that the freeze is based on unfounded claims of fraud and infringes on Congress’ spending power as enshrined in the U.S. Constitution. The White House did not immediately respond to a request for comment.

“This is just the latest example of Trump’s willingness to throw vulnerable children, vulnerable families and seniors under the bus if he thinks it will advance his vendetta against California and Democratic-led states,” Bonta said at a Thursday evening news conference.

The $10-billion funding freeze follows the administration’s decision to freeze $185 million in child-care funds to Minnesota, where federal officials allege that as much as half of the roughly $18 billion paid to 14 state-run programs since 2018 may have been fraudulent. Amid the fallout, Gov. Tim Walz has ordered a third-party audit and announced that he will not seek a third term.

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Bonta said that letters sent by the U.S. Department of Health and Human Services announcing the freeze Tuesday provided no evidence to back up claims of widespread fraud and misuse of taxpayer dollars in California. The freeze applies to the Temporary Assistance for Needy Families program, the Social Services Block Grant program and the Child Care and Development Fund.

“This is funding that California parents count on to get the safe and reliable child care they need so that they can go to work and provide for their families,” he said. “It’s funding that helps families on the brink of homelessness keep roofs over their heads.”

Bonta also raised concerns regarding Health and Human Services’ request that California turn over all documents associated with the state’s implementation of the three programs. This requires the state to share personally identifiable information about program participants, a move Bonta called “deeply concerning and also deeply questionable.”

“The administration doesn’t have the authority to override the established, lawful process our states have already gone through to submit plans and receive approval for these funds,” Bonta said. “It doesn’t have the authority to override the U.S. Constitution and trample Congress’ power of the purse.”

The lawsuit was filed in federal court in Manhattan and marked the 53rd suit California had filed against the Trump administration since the president’s inauguration last January. It asks the court to block the funding freeze and the administration’s sweeping demands for documents and data.

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

new video loaded: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

transcript

transcript

Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

“How Long do you think you’ll be running Venezuela?” “Only time will tell. Like three months. six months, a year, longer?” “I would say much longer than that.” “Much longer, and, and —” “We have to rebuild. You have to rebuild the country, and we will rebuild it in a very profitable way. We’re going to be using oil, and we’re going to be taking oil. We’re getting oil prices down, and we’re going to be giving money to Venezuela, which they desperately need. I would love to go, yeah. I think at some point, it will be safe.” “What would trigger a decision to send ground troops into Venezuela?” “I wouldn’t want to tell you that because I can’t, I can’t give up information like that to a reporter. As good as you may be, I just can’t talk about that.” “Would you do it if you couldn’t get at the oil? Would you do it —” “If they’re treating us with great respect. As you know, we’re getting along very well with the administration that is there right now.” “Have you spoken to Delcy Rodríguez?” “I don’t want to comment on that, but Marco speaks to her all the time.”

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President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

January 8, 2026

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