Politics
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.
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.
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.
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
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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