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Nine questions about the Trump trial, answered

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Nine questions about the Trump trial, answered

Former President Donald Trump’s hush money court case will kick off on Monday, marking the first time a former president will stand trial over criminal charges. 

The historic trial will require Trump, the Republican Party’s presumptive nominee for the 2024 election, to defend himself from the Manhattan courtroom while simultaneously campaigning as the election season heats up. 

Fox News Digital compiled the top questions regarding the case ahead of it kicking off Monday at 10 a.m in Lower Manhattan.  

According to initial reports, the U.S. Supreme Court appeared skeptical of the Colorado Supreme Court’s decision to remove former President Trump from the state primary ballot on Thursday.  (Michael M. Santiago/Getty Images)

What are the origins of this case?

Dubbed the “hush money case,” the trial’s origins reach back to October of 2016, when Trump’s former personal attorney Michael Cohen paid former pornographic actor Stormy Daniels $130,000 to allegedly quiet her claims of an alleged extramarital affair she had with the then-real estate tycoon in 2006. Trump has denied having an affair with Daniels. 

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Stormy Daniels speaking to the media.  (Phillip Faraone/Getty Images)

The case is also expected to feature two other payments, including a $30,000 payment to a Trump Tower doorman who claimed that Trump fathered a child out of wedlock, and arranged a $150,000 payment through a tabloid publisher to a former Playboy model named Karen McDougal, who also claimed she had an affair with Trump and sold her story to the tabloid. Trump has also vehemently denied these allegations. 

FIVE KEY QUESTIONS ON HOW START OF TRUMP’S FIRST CRIMINAL TRIAL WILL IMPACT PRESIDENTIAL CAMPAIGN

Michael Cohen, former personal lawyer to U.S. President Donald Trump, right, outside federal court in New York on Thursday, December 14, 2023. Photographer: Yuki Iwamura/Bloomberg via Getty Images (Yuki Iwamura/Bloomberg via Getty Images)

Prosecutors allege that the Trump Organization reimbursed Cohen, and fraudulently logged the payments as legal expenses.   

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“During the election, TRUMP and others employed a ‘catch and kill’ scheme to identify, purchase, and bury negative information about him and boost his electoral prospects,” Manhattan District Attorney Alvin Bragg alleged last year. “TRUMP then went to great lengths to hide this conduct, causing dozens of false entries in business records to conceal criminal activity, including attempts to violate state and federal election laws.”

“Catch-and-kill” schemes are understood as tactics used by media and publishing companies to buy the rights of a person’s story with the intention of burying the information.

COURT DENIES TRUMP BIDS TO DELAY START OF HUSH MONEY TRIAL

What are the charges in the case?

Bragg announced Trump’s indictment in April of 2023 with 34 counts of falsifying business records in the first degree.

The charges stem from checks reimbursing Cohen over a roughly 12-month period for paying Daniels in 2016. Cohen was separately arrested in 2018 and pleaded guilty to campaign finance charges and lying to Congress. He was sentenced to three years in prison and has since been released. 

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Falsifying business records is a misdemeanor, but prosecutors are working to prove that Trump falsified records with an intent to commit or conceal a second crime, which would be a felony. 

Former President Donald Trump during a Super Tuesday election night watch party at the Mar-a-Lago Club in Palm Beach, Florida, on Tuesday, March 5, 2024. Trump notched a series of Republican presidential primary victories on Tuesday as he barrels closer toward his party’s nomination. Photographer: Eva Marie Uzcategui/Bloomberg via Getty Images (Eva Marie Uzcategui/Bloomberg via Getty Images)

Could Trump go to prison?

The charges against Trump carry more than a decade in prison, if he is convicted on the counts.

THE TRUMP TRIALS: HERE’S WHERE EACH CRIMINAL CASE AGAINST THE FORMER PRESIDENT STANDS

Legal experts across the nation have weighed in that it is unlikely Trump would face a long prison sentence, if convicted, speculating that the 45th president would instead be given probation or up to four years in prison if found guilty by the jury, Fox News previously reported

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How has Bragg turned this into a felony?

Charges of falsifying business records are misdemeanors in New York, with prosecutors teeing up a case arguing that Trump falsified the business records to cover another crime, which makes falsifying the records a felony. Legal experts have weighed in that prosecutors will argue that Trump’s alleged actions were to ​​conceal campaign finance crimes.

Manhattan District Attorney Alvin Bragg speaks during a news conference on Thursday, March 7, 2024, in Manhattan, New York. (Barry Williams/New York Daily News/Tribune News Service via Getty Images)

Legal experts who spoke to Fox News Digital expressed skepticism over the DA’s office linking the case to campaign finance crimes, with the Heritage Foundation’s senior legal fellow Zack Smith saying that prosecutors are trying to “bootstrap essentially what would ordinarily be misdemeanor charges into felony offenses.” 

‘I TELL THE TRUTH’: TRUMP SAYS HE’LL TESTIFY AT HUSH MONEY TRIAL AS JUDGE REJECTS LAST MINUTE PLEA

“Some of the charges he’s trying to bring are false records charges against Donald Trump. Which are ordinarily misdemeanors, unless they were done in furtherance of another felony – simply to cover up another felony. And in this case, as I understand it, Alvin Bragg is saying that the other felony was a federal campaign finance violation. So, you simply have a state prosecutor pursuing a state case against Donald Trump, based on a federal felony offense that the federal government, the Justice Department itself, declined to pursue,” Smith told Fox News Digital in an interview earlier this month. 

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The Justice Department in 2019 “effectively concluded” its investigation into Trump’s payments. In 2021, the Federal Elections Commission, the agency dedicated to enforcing campaign finance laws, announced that it had dropped a case looking into whether Trump had violated election laws for the payment to Daniels. 

Former FEC member Hans Von Spakovsky underscored to Fox News Digital in another interview that both the FEC and DOJ had declined to pursue the case, yet a local DA is working to prove that Trump violated federal law. 

“The [FEC] looked at this and said that this settlement was not a violation of federal law. The Justice Department also has criminal enforcement authority over federal campaign finance laws, and the Justice Department has also not considered this a crime. And so you have this local DA claiming there’s a violation of federal law, when the two federal agencies with enforcement authority over that law say, ‘Well, no, there there was no violation of federal law.’ And look, I say that as a former commissioner on the FEC. My job as a commissioner was to enforce federal campaign finance law, and this is simply not a violation of federal law,” he said. 

Can Trump pardon himself if elected? 

In the hush money case, Trump could not pardon himself if convicted, and if he wins re-election come November 5. The Constitution dictates that a president’s pardoning powers “grant reprieves and pardons for offenses against the United States,” meaning the powers only apply to federal cases. The hush money case is a state case. 

Who is the judge? 

Manhattan Judge Juan M. Merchan, 61, is presiding over the case. Merchan, originally from Colombia, has served on the New York Supreme Court since 2009, overseeing felony criminal cases. He previously served as an assistant district attorney in the Manhattan DA’s office in the 1990s and worked in the New York State Attorney General’s office, among other roles. 

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FILE PHOTO: A view of Judge Juan Manuel Merchan’s courtroom in New York City, March 12, 2024. REUTERS/Brendan McDermid/File Photo (Reuters)

Merchan has previously overseen high-profile cases, including in 2012 the case of the “soccer mom madam,” when a woman named Anna Gristina was charged with running a high-end prostitution ring in Manhattan. He also presided over the Trump Organization’s 2022 criminal trial involving charges of criminal tax fraud and falsifying business records, and he is currently overseeing a case involving Trump-supporter Steven Bannon on charges that he defrauded donors to build a wall along the nation’s southern border. 

Trump has railed against Merchan on Truth Social, including last month when he called on the judge to recuse himself and cited Merchan’s daughter and her work as a political consultant for Democratic politicians. 

TRUMP DEFENSE CHALLENGES JURY SELECTION IN CRIMINAL HUSH MONEY TRIAL

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Judge Juan Merchan poses in his chambers, Thursday, March 14, 2024, in New York. A dozen Manhattan residents are soon to become the first Americans ever to sit in judgment of a former president charged with a crime. Jury selection is set to start Monday in former President Donald Trump’s hush-money trial. (AP Photo/Seth Wenig) (AP Photos)

“Judge Juan Merchan, who is suffering from an acute case of Trump Derangement Syndrome (whose daughter represents Crooked Joe Biden, Kamala Harris, Adam ‘Shifty’ Schiff, and other Radical Liberals, has just posted a picture of me behind bars, her obvious goal, and makes it completely impossible for me to get a fair trial) has now issued another illegal, un-American, unConstitutional ‘order,’ as he continues to try and take away my Rights,” Trump posted on Truth Social last month after he was given a gag order limiting what he could publicly say about the case. 

How will the jury be selected?

A large group of potential jurors will gather in the courtroom this week, where they will be presented with an overview of the case and asked whether they are able to serve in a fair and impartial manner. 

TRUMP CAMPAIGNS IN KEY BATTLEGROUND STATE; BIDEN WILL VISIT NEXT WEEK DURING TRUMP’S ‘HUSH MONEY’ TRIAL

Those who show they cannot be impartial will be dismissed, while those who remain will be asked a series of 42 questions, which Merchan released in a letter last week, including: 

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  • “Do you have any political, moral, intellectual, or religious beliefs or opinions which might prevent you from following the court’s instructions on the law or which might slant your approach to this case?”
  • “Have you read (or listened to audio) of any of the following books or podcasts by Michael Cohen or Mark Pomerantz?”
  • “Have you ever considered yourself a supporter of or belonged to any of the following: the QAnon movement; Proud Boys; Oathkeepers; Three Percenters; Boogaloo.”
  • “Do you currently follow Donald Trump on any social media site or have you done so in the past?”
  • “Do you have any feelings or opinions about how Mr. Trump is being treated in this case?”

Jury selection will continue until 12 New Yorkers and a handful of alternates are assigned to the panel. 

Former President Donald Trump arrives for a press conference at a Manhattan court, March 25, 2024, in New York. Trump will make history as the first former president to stand trial on criminal charges when his hush-money case opens with jury selection. The case will force the presumptive Republican presidential nominee to juggle campaigning with sitting in a Manhattan courtroom for weeks to defend himself against charges involving a scheme to bury allegations of marital infidelity that arose during his first White House campaign in 2016. 

What is Trump saying about the case?

Trump has railed against the “hush money” case repeatedly, including in Pennsylvania on Saturday, where he held his last scheduled campaign rally ahead of the trial officially beginning Monday. 

“I will be forced to sit fully gagged. I’m not allowed to talk. They want to take away my constitutional right to talk,” Trump said in Pennsylvania, referring to the gag order that prevents him from publicly discussing potential witnesses and jurors.

TRUMP SET TO HOST RALLY IN BIDEN’S HOME STATE AHEAD OF HUSH MONEY TRIAL 

“I’m proud to do it for you,” he continued, calling the trial a “communist show trial” which he claims is orchestrated by the Biden administration. “Have a good time watching.” 

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Trump has repeatedly denied the allegations in the case and has pleaded not guilty to the 34 charges. 

The 45th president told reporters on Friday that he will testify in the trial, which he described as a “scam” and a “witch hunt.” 

“I’m testifying. I tell the truth. I mean, all I can do is tell the truth,” he said at Mar-a-Lago Friday, Fox News previously reported. “And the truth is that there’s no case.”

Will the trial be televised?

The trial will not be televised and is anticipated to last between six and eight weeks. Trump is required under New York law to be in the courtroom throughout court proceedings.

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House Republicans push Johnson to go to war with Senate over SAVE Act

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House Republicans push Johnson to go to war with Senate over SAVE Act

NEWYou can now listen to Fox News articles!

Several House Republicans are pushing Speaker Mike Johnson, R-La., to go to war with the Senate GOP over an election security bill that has little chance of passing the upper chamber under current circumstances.

House GOP leaders convened a lawmaker-only call on Sunday in the wake of a massive military operation against Iran launched by the U.S. and Israel.

After leaders briefed House Republicans on how the chamber would respond to the ongoing conflict — including a vote on ending Democrats’ weeks-long government shutdown targeting the Department of Homeland Security (DHS) — Fox News Digital was told that several lawmakers raised concerns about the Senate not yet taking up the Safeguarding American Voter Eligiblity (SAVE America) Act. Among other provisions, the act would require voters in federal elections to produce valid ID and proof of citizenship.

Rep. Derrick Van Orden, R-Wis., was among those pushing the House to reject any bills from the Senate until the measure was taken up, telling Johnson according to multiple sources on the call, “If we don’t get this done, or at least show that we’ve got some backbone, we’re done. The midterms are over.”

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Speaker of the House Mike Johnson, R-La., pauses for questions from reporters as he arrives for an early closed-door Republican Conference meeting at the Capitol in Washington, Tuesday, Feb. 3, 2026. (J. Scott Applewhite/AP Photo)

At least three other House Republicans shared similar concerns. Sources on the call said Rep. Brandon Gill, R-Texas, argued that GOP voters were “not enthused” heading into November and that “the single biggest thing” to turn that around would be forcing the Senate to pass the SAVE America Act.

The SAVE America Act passed the House last month with support from all Republicans and just one Democrat, Rep. Henry Cuellar, D-Texas.

JEFFRIES ACCUSES REPUBLICANS OF ‘VOTER SUPPRESSION’ OVER BILL REQUIRING VOTER ID, PROOF OF CITIZENSHIP

Republicans have pointed out on multiple occasions that voter ID measures have bipartisan support across multiple public polls and surveys. But Democrats have dismissed the legislation as an attempt at voter suppression ahead of the 2026 midterms.

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 Senate Majority Leader John Thune speaks at a press conference with other members of Senate Republican leadership following a policy luncheon in Washington, D.C. on Oct. 28, 2025. (Nathan Posner/Anadolu via Getty Images)

The legislation would require 60 votes in the Senate to break filibuster, which it’s likely not to get given Democrats’ near-uniform opposition. But House Republicans have pressured Senate Majority Leader John Thune to use a mechanism known as a standing filibuster to circumvent that — which Thune has signaled opposition to, given the vast amount of time it would take up in the Senate and potential unintended consequences in the amendment process.

It also comes as Congress grapples with the fallout from the strikes on Iran and the need to ensure safety for the U.S. domestically and for service members abroad, both of which will require close coordination between the two chambers.

Johnson told Republicans several times on the Sunday call that he was privately pressuring Thune on the bill but was wary of creating a public rift with his fellow GOP leader, sources said.

HARDLINE CONSERVATIVES DOUBLE DOWN TO SAVE THE SAVE ACT

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“If we’re going to go to war against our own party in the Senate, there may be implications to that,” Johnson said at one point, according to people on the call. “So we want to be thoughtful and careful.”

Sen. Mike Lee, R-Utah, talks with a guest during a “Only Citizens Vote Bus Tour” rally in Upper Senate Park to urge Congress to pass the Safeguard American Voter Eligibility (SAVE) Act on Wednesday, Sept. 10, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

At another point in the call, sources said Rep. Andrew Clyde, R-Ga., suggested pairing a coming vote on DHS funding with the SAVE America Act in order to force the Senate to take it up.

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But both Johnson and House Homeland Security Committee Chairman Andrew Garbarino, R-N.Y., were hesitant about such a move given the enhanced threat environment in the wake of the U.S. operation in Iran.

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Both spoke out in favor of the SAVE America Act, people told Fox News Digital, but warned the current situation merited leaving the DHS funding bill on its own in a bid to end the partial shutdown, so the department could fully function as a national security shield.

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Sen Lee dares Democrats to revive talking filibuster over SAVE Act, slamming criticism as ‘paranoid fantasy'
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Trump justifies Iran attack as Congress and others raise objections

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Trump justifies Iran attack as Congress and others raise objections

According to President Trump, the United States attacked Iran because the Islamic Republic posed “imminent threats” to the U.S. and its allies, including through its use of terrorist proxies and continued pursuit of nuclear weapons.

“Its menacing activities directly endanger the United States, our troops, our bases overseas and our allies throughout the world,” he said in a recorded statement Saturday.

According to leading Democrats in Congress, Trump’s justification is questionable, especially given his claims of having “completely obliterated” Iran’s nuclear capabilities in separate U.S. bombings last June.

“Everything I have heard from the administration before and after these strikes on Iran confirms this is a war of choice with no strategic endgame,” said Rep. Jim Himes (D-Conn.), ranking Democrat on the House Intelligence Committee and part of a small group of congressional leaders — the Gang of Eight — who were briefed on the operation by Secretary of State Marco Rubio.

That divide is bound to remain an issue politically heading into this year’s midterm elections, and could be a liability for Republicans — especially considering that some in the “America First” wing of the MAGA base were raising their own objections, citing Trump’s 2024 campaign pledges to extricate the U.S. from foreign wars, not start new ones.

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The debate echoed a similar if less immediate one around President George W. Bush’s decision to go to war in Iraq following the Sept. 11, 2001, attacks, also based on claims that “weapons of mass destruction” posed an immediate threat. Those claims were later disproved by multiple findings that Iraq had no such arsenal, fueling recriminations from both political parties for years.

The latest divide also intensified unease over Congress ceding its wartime powers to the White House, which for years has assumed sweeping authority to attack foreign adversaries without direct congressional input in the name of addressing terrorism or preventing immediate harm to the nation or its troops.

Even prior to the weekend bombings, Democrats including Sen. Adam Schiff of California were pushing Congress to pass a resolution barring the Trump administration from attacking Iran without explicit congressional authorization.

“President Trump must come to Congress before using military force unless absolutely necessary to defend the United States from an imminent attack,” Sen. Tim Kaine (D-Va.), a member of the armed services and foreign relations committees, said in a statement Thursday.

In justifying the daylight strikes that killed Supreme Leader Ayatollah Ali Khamenei just two days later, Trump accused the Iranian government of having “waged an unending campaign of bloodshed and mass murder” for nearly half a century — including through attacks on U.S. military assets and commercial shipping vessels abroad — and of having “armed, trained and funded terrorist militias” in multiple countries, including Hezbollah and Hamas.

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Trump said that after the U.S. bombed Iran last summer, it had warned Tehran “never to resume” its pursuit of nuclear weapons. “Instead, they attempted to rebuild their nuclear program and to continue developing long-range missiles that can now threaten our very good friends and allies in Europe, our troops stationed overseas, and could soon reach the American homeland,” he said.

Other Republican leaders largely backed the president.

“The United States did not start this conflict, but we will finish it. If you kill or threaten Americans anywhere in the world — as Iran has — then we will hunt you down, and we will kill you,” said Defense Secretary Pete Hegseth.

“Every president has talked about the threat posed by the Iranian regime. President Trump is the one with the courage to take bold, decisive action,” said Atty. Gen. Pam Bondi.

While Iran’s coordination with and sponsorship of groups such as Hezbollah and Hamas are well known, Trump’s claims about Tehran’s ongoing development of nuclear weapons systems are less established — and the administration has provided little evidence to back them up.

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Democrats seized on that lack of fresh intelligence in their responses to the attacks, contrasting Trump’s latest statements about imminent threats with his assertion after last year’s bombings that the U.S. had all but eliminated Iran’s nuclear aspirations.

“Let’s be clear: The Iranian regime is horrible. But I have seen no imminent threat to the United States that would justify putting American troops in harm’s way,” said Sen. Mark Warner (D-Va.), vice chairman of the Senate Intelligence Committee and a member of the Gang of Eight. “What is the motivation here? Is it Iran’s nuclear program? Their missiles? Regime change?”

Senate Minority Leader Chuck Schumer (D-N.Y.) said in a statement that the Trump administration “has not provided Congress and the American people with critical details about the scope and immediacy of the threat,” and must do so.

House Minority Leader Hakeem Jeffries (D-N.Y.) said the Trump administration needs congressional authority to wage such attacks barring “exigent circumstances,” and didn’t have it.

“The Trump administration must explain itself to the American people and Congress immediately, provide an ironclad justification for this act of war, clearly define the national security objective and articulate a plan to avoid another costly, prolonged military quagmire in the Middle East,” he said.

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After the U.S. military announced Sunday that three U.S. service personnel were killed and five others seriously wounded in the attacks, the demands for a clearer justification and new constraints on Trump only increased.

Rep. Ro Khanna (D-Fremont) said Sunday he is optimistic that Democrats will be unified in trying to pass the war powers resolution, and also that some Republicans will join them, given that the strikes have been unpopular among a portion of the MAGA base.

Rep. Thomas Massie (R-Ky.), who partnered with Khanna to force the release of the Jeffrey Epstein files, has said he will work with him again to push a congressional vote on war with Iran, which he said was “not ‘America First.’”

Benjamin Radd, a political scientist and senior fellow at the UCLA Burkle Center for International Relations, said that whether or not Iran represented an “imminent” threat to the U.S. depends not just on its nuclear capabilities, but on its broader desire and ability to inflict pain on the U.S. and its allies — as was made clear to both the U.S. and Israel after the Hamas attacks on Israel on Oct. 7, 2023, which Iran praised.

“If you are Israel or the United States, that’s imminent,” he said.

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What happens next, Radd said, will largely depend on whether remaining Iranian leaders stick to Khamenei’s hard-line policies, or decide to negotiate anew with the U.S. He expects they might do the latter, because “it’s a fundamentalist regime, it’s not a suicidal regime,” and it’s now clear that the U.S. and Israel have the capabilities to take out Iranian leaders, Iran has little ability to defend itself, and China and Russia are not rushing to its aid.

How the strikes are viewed moving forward may also depend on what those leaders decide to do next, said Kevan Harris, an associate professor of sociology who teaches courses on Iran and Middle East politics at the UCLA International Institute.

If the conflict remains relatively contained, it could become a political win for Trump, with questions about the justification falling away. But if it spirals out of control, such questions are likely to only grow, as occurred in Iraq when things started to deteriorate there, he said.

Israel and the U.S. are betting that the conflict will remain manageable, which could turn out to be true, Harris said, but “the problem with war is you never really know what might happen.”

On Sunday, Iran launched retaliatory attacks on Israel and the wider Gulf region. Trump said the campaign against Iran continued “unabated,” though he may be willing to negotiate with the nation’s new leaders. It was unclear when Congress might take up the war powers measure.

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Video: Trump’s War of Choice With Iran

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Video: Trump’s War of Choice With Iran

new video loaded: Trump’s War of Choice With Iran

Our national security correspondent David E. Sanger examines the war of choice that President Trump has initiated with Iran.

By David E. Sanger, Gilad Thaler, Thomas Vollkommer and Laura Salaberry

March 1, 2026

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