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New York appeals court judges in Trump case routinely donated to Democrats, records show

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New York appeals court judges in Trump case routinely donated to Democrats, records show

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The New York state court that will decide former President Trump’s appeal includes justices who have a history of donating to Democrat campaigns and were elected to lower court judgeships as Democrat candidates before their appointments to the appellate court.

State campaign records show that some of the justices, when they served as judges in the lower courts, donated to Democrat candidates and campaign committees, an apparent violation of the New York State Advisory Committee on Judicial Ethics rules that prohibit partisan political activities of sitting judges.

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The list of candidates from the justices’ history of political donations includes a wide variety of New York elected officials, from state legislature candidates to former Secretary of State Hillary Clinton.

50 REASONS WHY $70 MILLION-PLUS IN SMALL DONATIONS POURED IN AFTER TRUMP VERDICT

A review of federal and state election contribution records reveals that at least 14 of the 21 justices gave individual donations to Democrat campaigns and committees before their appointment to the court. Fox News could find no evidence of any donations by the justices to the New York state Republican, Conservative or Liberal parties or their candidates.

Marsha Michael, Ellen Gesmer, Jeffrey Oing and Leticia James

The justices serve on the New York State Appellate Court, First Judicial Department, and will eventually hear the anticipated appeal from the former president’s lawyers of his conviction last Thursday on 34 felony counts of falsifying business records.

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All but one of the court’s 21 justices were appointed by a New York Democrat governor, either David Patterson, Andrew Cuomo or Kathy Hochul. The sole justice put on the bench by a Republican, New York Gov. George Pataki, is Associate Justice David Friedman, who is the longest-serving justice since his appointment 25 years ago.

Before his elevation to the court, Friedman was the Democrat, Republican and Conservative party candidate for Supreme Court justice in his judgeship election in 2011. In an appellate court’s ruling during Trump’s real estate fraud trial last year, Friedman sided with the former president.

One justice who did not side with Trump is the newest member of the appellate panel, Associate Justice Marsha D. Michael. She was appointed by Hochul last October.

On April 19, three days before opening arguments were scheduled to begin in Trump’s recently completed criminal trial in front of State Supreme Court Judge Juan Merchan, Michael rejected a last-minute bid by Trump’s lawyers to stop the proceedings. Her ruling gave the green light for the trial that eventually convicted Trump to proceed.

In 2014, Michael ran in the Democrat primary for the New York State Assembly in the 79th District in the Bronx. She was endorsed in that race by then-New York City Public Advocate Leticia James, who went on to be elected New York attorney general four years later. Last year, James prosecuted Trump and won her successful $454 million real estate fraud case. 

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Back when Michael was stumping for the state legislature, James appeared with her on the campaign trail.

On July 11, 2014, Michael answered questions about her candidacy from the nonpartisan good government group Citizens Union.

She was asked if she supported a “merit-based appointment system through creation of a commission for the selection of judges in all of New York’s trial courts.”

The justice did not support the idea that all judges should be chosen on the merits, writing, “I don’t think all courts should solely be merit-based.”

Michael lost the Democrat primary race despite having the backing of the Bronx Democrat organization. She remained on the ballot in the general election as the candidate of the Working Families Party. The WFP is known today for supporting members of the so-called “Squad” in Congress, backing Reps. Rashida Tlaib, Ilhan Omar, Cori Bush and Alexandria Ocasio-Cortez, among others.

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Four years after her defeat, Michael ran again as a Democrat candidate for a New York State Supreme Court seat and won in 2018. It was from that position that she was elevated to the Appellate Division eight months ago.

Appellate Court Justice Ellen Gesmer was first elected as a judge in the New York State Civil Court in 2004. In 2011, she won a Supreme Court judgeship as both the Democrat and Republican candidate. Before Gesmer was elected to the bench, records show that she had donated thousands of dollars to Democrats.

Former President Trump arrives at Trump Tower in New York City on May 30, 2024, after being found guilty on 34 counts of falsifying business records in the first degree. (Felipe Ramales for Fox News Digital)

Federal Election Commission records show that Gesmer contributed to the campaigns of Hillary Clinton, Sen. Majority Leader Chuck Schumer, D-N.Y., former Vermont Gov. Howard Dean, and various Democratic Party committees when she was a lawyer in private practice.

In 1998, she donated a total of $2,000 to Schumer’s election bid, a total of $1,725 to Hillary Clinton’s 2000 New York state Senate race, $1,700 to the New York State Democratic Committee and the Democratic National Committee, and in 2003, she chipped in $250 to support Dean’s presidential campaign.

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Appellate Justice Jeffrey K. Oing gave $900 to the New York State Democratic Committee in three payments in 2003, according to FEC records, one year before he was elected to the New York City Civil Court.

The records from the New York State Board of Elections, which detail contributions to state-level races, reveal the extent of political donations made by judges during their election campaigns.

The range of donations includes contributions to Democrat New York state Senate and Assembly candidates, party committees and local Democrat clubhouses, even as some of the judges served on the bench.

The state’s judicial ethics rules state: “Neither a sitting judge nor a candidate for public election to judicial office shall directly or indirectly engage in any political activity” that does not directly involve their own candidacy. The rules prohibit judges from “engaging in any partisan political activity” or “participating in any political campaign.”

REP JORDAN URGES CONGRESS TO ‘DEFUND LAWFARE ACTIVITIES’ OF TRUMP PROSECUTORS

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Trump has accused Merchan of being “conflicted” because he donated $15 to President Biden’s 2016 election campaign and $10 to a group called Stop Republicans. In addition, Merchan’s daughter works for a political campaign consulting firm whose clients include many prominent Democrats, including Biden’s campaign.

The New York State Commission on Judicial Conduct found that Merchan had no conflict of interest but did reportedly give him a warning over his contributions.

In the murky political landscape that can be New York politics, several of the appellate judges were even endorsed by competing political parties in their contests for a seat on the lower courts.

Appellate Justice Troy Webber first won her race for Supreme Court justice in 2002 as both the Democrat and Republican candidate. In 2016, she was on the ballot as the Democrat candidate, according to New York state election records. Justice Barbara Kapnick won in 2001 as the Democrat, Republican and Liberal party candidate. By 2015, she carried the banner for just the Democrats.

Former President Trump headlines a Republican National Committee spring donor retreat in Palm Beach, Florida, on May 4, 2024. (Donald Trump 2024 campaign)

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Despite some of the justices’ past Democrat support, Trump has scored some wins before the appellate court in his recent appeals.

Last year, a panel of five of the justices reduced the amount of the bond that was imposed by Judge Arthur Engoron in Trump’s real estate civil fraud trial from $454 million to $175 million.

Friedman temporarily blocked Engoron’s gag order on Trump, and Justice Anil Singh granted a stay that temporarily lifted Engoron’s ruling that barred Trump and his sons, Donald Jr. and Eric, from doing business in New York.

Court observers note that there is no evidence that the personal political views of the jurists have influenced their rulings, but critics contend that the appearance of a possible conflict of interest is troubling.

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Fox News asked the appellate court for comment but no one has responded.

Fox News’ Courtney De George contributed to this report.

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

new video loaded: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

On the fifth day of the war in Iran, Defense Secretary Pete Hegseth said that the U.S. military operation was intensifying and that more warplanes were arriving in the region.

By Christina Kelso

March 4, 2026

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US submarine sinks Iranian warship by torpedo in a first since World War II

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US submarine sinks Iranian warship by torpedo in a first since World War II

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A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.

Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.

“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”

Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”

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WATCH HEGSETH’S ANNOUNCEMENT:

Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.

“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”

This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)

Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.

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US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS

“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.

The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.

Thousands of travelers have been left stranded across the Middle East.

This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)

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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.

Fox News Digital’s Ashley Carnahan contributed to this report.

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.

In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.

“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.

Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.

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“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.

The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.

The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.

If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.

Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.

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Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.

Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.

Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.

Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.

In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.

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Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”

Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.

Election experts said the Constitution is clear that states control and run elections, not with the executive branch.

Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.

In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.

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McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.

Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.

“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”

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