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NY v Trump: Judge to consider defense motion to dismiss after prosecution rests case

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NY v Trump: Judge to consider defense motion to dismiss after prosecution rests case

Judge Juan Merchan could rule Tuesday morning on Trump defense attorneys’ motion to dismiss the case against the former president altogether after the prosecution rested its case following days of testimony from its star witness, Michael Cohen.

Manhattan District Attorney Alvin Bragg charged Trump with 34 counts of falsifying business records in the first degree. Prosecutors must prove beyond a reasonable doubt that Trump falsified business records 34 times to conceal a $130,000 payment to Stormy Daniels, a pornographic performer, in the lead-up to the 2016 election to silence her about an alleged affair with Trump in 2006. 

Trump has pleaded not guilty to all charges and maintains his innocence.

This courtroom sketch shows Michael Cohen being questioned by prosecutor Susan Hoffinger on redirect during former President Trump’s criminal trial in New York City on May 20, 2024. (Reuters/Jane Rosenberg)

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After Michael Cohen’s fourth day of testimony was complete, the prosecution rested its case, and Trump defense attorneys called two of their own witnesses. 

At the end of court for the day, Trump defense attorney Todd Blanche asked for an immediate order of dismissal, saying there is “no evidence” that the filings or business records at the center of the case were false, that there are “absolutely no false business filings.” 

Blanche said there is no dispute that Cohen acted as a personal attorney for Trump in 2017 and that there is no evidence or intent by Trump to mislead, hide or falsify business records.

Donald Trump and Michael Cohen (Getty Images)

Blanche said there would be records of intent to defraud, if they existed, and that there were no other crimes being covered up. He said there was no evidence of anyone thinking of a campaign finance charge when the payment was made to Stormy Daniels or when Cohen and then-Trump Organization CFO Allen Weisselberg developed the repayment plan.

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Blanche said Trump paid Cohen a $35,000 “monthly retainer,” which is what the records state, and said there is no evidence from any witness to prove any criminal intent.

Reflecting on the prosecution’s case, Blanche pointed to the alleged “catch and kill” strategy used to prevent a “demonstrably false” story a Trump Tower doorman had about Trump from being published.

“How on Earth is keeping a false story from voters criminal?” Blanche asked, adding it was “not a catch and kill and certainly not a criminal catch and kill.”

NY V TRUMP: MICHAEL COHEN ADMITS TO STEALING TENS OF THOUSANDS FROM FORMER PRESIDENT’S BUSINESS

“There is no way the court should let this case go to the jury with Mr. Cohen’s testimony,” Blanche said, adding that Cohen has lied under oath in the past and during the current criminal trial in Merchan’s courtroom. 

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Merchan asked Blanche if he should “find Mr. Cohen not credible by a matter of law,” to which Blanche said “yes.”

“So, you want me to take it out of the jury’s hands?” Merchan asked, with Blanche responding that Cohen’s entire testimony should not be considered by the jury. 

Merchan told Blanche that if Cohen’s “lies” were “irrefutable,” then he would be able to convince the jury of that.

Michael Cohen is cross-examined by defense lawyer Todd Blanche during former President Trump’s criminal trial in New York City on May 16, 2024, as shown in this courtroom sketch. (Reuters/Jane Rosenberg)

The prosecution then argued that under the New York state falsifying business records statute, anyone “causing” the falsified records can be punished.

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“As a matter of law, it is sufficient, more than sufficient, that the defendant set in motion the sequence of events leading to the falsification of business records,” prosecutor Matthew Colangelo argued.

Merchan said he would reserve a ruling on whether to dismiss the case before the jury can deliberate.

Before the afternoon development, Trump defense attorneys on Monday continued to cross-examine Cohen, Trump’s former lawyer and self-described “fixer,” who testified that he stole $30,000 from the Trump Organization.

Cohen said the move was “almost like self-help” because he was “angry” about his bonus being reduced.

Cohen testified that he was supposed to pay the $30,000 he withdrew from the bank to a tech company, Red Finch, in addition to $20,000 he had already paid them. Instead, he failed to make the payment, collected the $30,000 for himself, and led the Trump Organization to believe he had paid the total.

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Prosecutors then briefly questioned Cohen on redirect, where he said that he had “more than 20” conversations with Trump about Stormy Daniels in 2016 and that Trump “no doubt” had signed off on the hush money payment for Daniels. 

NY V TRUMP: MICHAEL COHEN TESTIFIES HE’S CONSIDERING CONGRESSIONAL RUN

Cohen has testified that he personally made the $130,000 payment to Daniels using a home equity line of credit in an effort to conceal the payment from his wife. Cohen said he did this because Trump told him to “handle it” and prevent a negative story from coming out ahead of the 2016 election.

Cohen testified that he was “reimbursed $420,000” for the $130,000 he paid to Daniels. Cohen said Weisselberg suggested he “gross up” the payments and that Trump knew the details of that reimbursement. 

Last week, the prosecution presented Cohen with 11 checks totaling $420,000. Cohen confirmed that they were all received and deposited. The checks had a description of “retainer,” which Cohen said was false.

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But Monday, the prosecution rested its case against the former president.

Trump defense attorneys called two witnesses: paralegal Daniel Sitko and a former legal adviser to Michael Cohen, Robert Costello. 

Sitko testified that Cohen and Costello had 75 phone calls in which Cohen told Costello that Trump knew nothing about the payment to Stormy Daniels. 

This courtroom sketch shows presiding Judge Juan Merchan during former President Trump’s criminal trial in New York City on May 14, 2024. (Reuters/Jane Rosenberg)

Costello took the stand and testified that Cohen told him “numerous times” that Trump knew nothing of the payments, recalling Cohen telling him: “I swear to God, Bob, I don’t have anything on Donald Trump.”

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Cohen, earlier in the day, recalled that he told numerous people that Trump knew nothing about the payment.

COHEN’S BOMBSHELL ADMISSION COULD LEAD TO HUNG JURY, IF NOT ACQUITTAL: EXPERT

But during his testimony, Costello clashed with Merchan. Costello audibly and visibly responded with disapproval to Merchan sustaining multiple objections from the prosecution concerning his testimony about Cohen. 

“I’m sorry?” Merchan said to Costello after one reaction before clearing the courtroom.

“I want to discuss proper decorum in my courtroom,” Merchan said after the jury left. “You don’t say strike it, because I’m the only one who can strike it.”

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Merchan directed Costello, a former federal prosecutor, not to respond, roll his eyes or react in any way to his rulings.

Before the jury returned to the courtroom, Costello looked at Merchan, prompting the judge to ask, “Are you staring me down?” 

Prosecutor Susan Hoffinger was leading the cross-examination of Costello. She said she had approximately 45 minutes left for questioning.

The defense said they won’t call any other witnesses, signaling that Trump won’t take the stand in his own defense.

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Closing arguments are currently set for next Tuesday.

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Video: Defense Officials Give No Timeline for War in Iran as U.S. Boosts Forces

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Video: Defense Officials Give No Timeline for War in Iran as U.S. Boosts Forces

new video loaded: Defense Officials Give No Timeline for War in Iran as U.S. Boosts Forces

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Defense Officials Give No Timeline for War in Iran as U.S. Boosts Forces

At a Pentagon news conference, top defense officials said that the U.S. military was sending more forces to the Middle East and expects to “take additional losses.” Earlier, President Trump said that the U.S. could continue striking Iran for the next four to five weeks.

“We didn’t start this war, but under President Trump, we are finishing it. This operation is a clear, devastating, decisive mission. Destroy the missile threat. Destroy the navy. No nukes. President Trump has all the latitude in the world to talk about how long it may or may not take. Four weeks. Two weeks, six weeks. It could move up. It could move back. We’re going to execute at his command the objectives we’ve set out to achieve.” “We expect to take additional losses. And as always, we will work to minimize U.S. losses. But as the secretary said, this is major combat operations.” Reporter: “Are there currently any American boots on the ground in Iran?” “No, but we’re not going to go into the exercise of what we will or will not do. I think — it’s one of those fallacies for a long time that this department or presidents or others should tell the American people. This — and our enemies by the way — here’s exactly what we’ll do. Why in the world would we tell you, you, the enemy, anybody, what we will or will not do in pursuit of an objective?”

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At a Pentagon news conference, top defense officials said that the U.S. military was sending more forces to the Middle East and expects to “take additional losses.” Earlier, President Trump said that the U.S. could continue striking Iran for the next four to five weeks.

By Christina Kelso

March 2, 2026

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Gas prices could jump as Middle East tensions threaten global oil supply

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Gas prices could jump as Middle East tensions threaten global oil supply

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Americans could soon see higher gas prices as escalating tensions in the Middle East threaten a critical global oil chokepoint, raising fears of supply disruptions that could quickly reverberate across U.S. energy markets.

After joint U.S.–Israeli strikes, dubbed Operation Epic Fury, targeted Iranian sites over the weekend and killed Iran’s Supreme Leader Ayatollah Ali Khamenei, concerns quickly shifted to how Tehran might respond and whether oil infrastructure or tanker traffic could become collateral damage.

Any disruption to global crude supplies could translate into higher costs for American drivers at the pump.

“Every time we’ve had flare-ups in the Middle East like we’re seeing right now — and we’ve seen this kind of situation periodically over the last 50 years — it has caused significant disruption to energy markets,” economist Stephen Moore told Fox News Digital. 

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“I would expect we could see anywhere from 25 to 50 cents a gallon increase in gas prices in the short term,” he said.

Experts say Americans will likely pay more for gas due to the ongoing conflict in the Middle East. (Matthew Hatcher/Bloomberg/Getty Images)

Market data already shows prices moving higher.

Patrick De Haan, head of petroleum analysis at GasBuddy, said oil prices were up $5 per barrel, while wholesale gasoline prices had risen 11 cents per gallon.

He expects retail gas prices to begin climbing immediately, especially in areas where stations tend to adjust prices in sharp, periodic jumps.

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The national average could hit $3 per gallon as soon as Monday, De Haan said, with some stations increasing prices by 10 to 30 cents this week and potentially more in markets that see larger price swings.

Moore warned that prices could climb further and remain elevated if vital transit routes or oil facilities are disrupted.

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The ongoing conflict in Iran is near a major energy corridor. (Contributor/Getty Images)

“Huge amounts of global oil travel through the Strait of Hormuz, so this could be incredibly disruptive, delaying delivery of oil and gas,” he said.

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“The Iranians have already knocked out some oil facilities in the Middle East, and who knows what they’re up to next. When you have less supply, prices go up. The big question is whether this will be a temporary bump or something more prolonged.”

The ongoing conflict sits near the Strait of Hormuz, one of the world’s most strategically important energy corridors.

“This shipping route represents around 25% of global oil trade and 23% of liquefied natural gas trade,” explained Jaime Brito, executive director of refining and oil products at OPIS.

The Strait of Hormuz, a narrow shipping lane between Iran and Oman that has long been a flashpoint during regional crises, serves as a vital artery for global energy markets.

Roughly 20 million barrels of crude oil and petroleum products — about one-fifth of global oil supply — transit the strait each day, underscoring how disruption there can quickly send shockwaves through international energy markets.

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HORMUZ ERUPTS: ATTACKS, GPS JAMMING, HOUTHI THREATS ROCK STRAIT AMID US-ISRAELI STRIKES

A satellite view of the Strait of Hormuz, a critical chokepoint for global energy supply, connecting the Persian Gulf to the Gulf of Oman.  (Gallo Images/Orbital Horizon/Copernicus Sentinel Data 2025/Amanda Macias/Fox News Digital)

Highlighting the growing concern, Maersk, widely regarded as a bellwether for global ocean freight, said it will suspend all vessel crossings through the Strait of Hormuz until further notice and cautioned that services to Arabian Gulf ports may be delayed.

Still, not all price movements are immediate.

“Developments over the weekend in the Middle East should hypothetically take time to ripple into the global supply chain. An initial assessment would suggest no specific price impacts should be seen in the gasoline market across the world, including the U.S.,” Brito told Fox News Digital.

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However, Brito said prices could climb quickly if markets expect trouble ahead, even before supplies are actually affected.

As a result, Brito said, developments in Iran may have already translated into higher gasoline, diesel and other fuel prices in parts of the U.S., depending on regional supply dynamics and individual company pricing strategies.

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Experts say the increase in gas prices will be largely determined by how long the conflict in the Middle East lasts. (John McCall/South Florida Sun Sentinel/Tribune News Service via Getty Images)

From a domestic standpoint, Brito added that gasoline prices follow a seasonal pattern, typically climbing during the summer travel months.

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“March prices are not expected to be significantly high,” he said, noting that spring break travel could support demand in certain areas — but not at the level seen during peak summer driving season.

Ultimately, the direction of gasoline prices will depend less on seasonal demand and more on how the geopolitical situation unfolds in the days ahead.

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Iran’s supreme leader killed in U.S.-Israeli attack, Trump says

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Iran’s supreme leader killed in U.S.-Israeli attack, Trump says

The U.S. and Israel pummeled Iran early Saturday in an attack aimed at razing the Islamic Republic’s nuclear ambitions and thwarting its efforts to influence the Middle East though proxies such as Hezbollah and Hamas.

Iran’s Supreme Leader Ayatollah Ali Khamenei was killed in the attack, according to President Trump, who in a post on Truth Social wrote that “one of the most evil people in History, is dead. This is not only Justice for the people of Iran, but for all Great Americans.”

More than 200 people were killed in Iran and hundreds more injured, according to Iran’s Red Crescent.

The attacks spurred a furious Iranian retaliation, with multiple barrages striking Israel, a number of Gulf nations and Jordan; and fulfilled long-standing fears that a confrontation with Iran would plunge the entire region into war.

Reports of Khamenei’s death prompted diverse reactions worldwide: In portions of Tehran and Los Angeles, home to a large Persian population, people took to the streets to celebrate. In New York, protesters gathered at Times Square to denounce the attack.

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The attack came eight weeks after U.S. forces deployed by Trump toppled Venezuelan President Nicolás Maduro, and Trump said Saturday’s operation also presented a chance for regime change.

Addressing the Iranian people, Trump said, “When we are finished, take over your government. It will be yours to take.”

Trump made the comments in an eight-minute prerecorded video. “This will be probably your only chance for generations,” Trump said, adding, “For many years, you have asked for America’s help, but you never got it. No president was willing to do what I am willing to do tonight.”

The Iranian government confirmed Khamenei’s death.

The attacks began with Israeli strikes Saturday morning — a workday in Iran — on Tehran, the capital, with residents speaking of attacks near Khamenei’s compound, the presidential palace, Iran’s National Security Council, the ministries of defense and intelligence, the Atomic Energy Organization and a military complex.

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In Tehran there were scenes of panic, with residents racing to stock up on supplies, leaving shelves bare in grocery stores across the city. Others, heeding warnings from authorities of further strikes, decided to leave the capital. Images on social media showed highways leading out of Tehran choked with traffic.

“It’s going to take 10 hours at least, but it doesn’t matter,” said Zainab, who was loading her car with whatever she could stuff inside for the drive to her sister’s home in Iran’s northeast.

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By the end of the day, the streets of Tehran appeared all but abandoned, with residents hunkering down for a night punctuated by the sounds of blasts reverberating across the capital.

Israeli Prime Minister Benjamin Netanyahu, a vociferous advocate for attacking Iran — and who has spent years urging Washington to do so — said the campaign would continue “as long as needed.”

Trump, who long insisted Iran cannot have nuclear weapons, also addressed Iran’s efforts in the Middle East in his video message.

“We are going to ensure that the region’s terrorist proxies can no longer destabilize the region or the world, and attack our forces,” he said. “And we will ensure that Iran does not obtain a nuclear weapon.”

Trump also said U.S. military forces “may have casualties,” adding, “That often happens in war.”

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The Iranian Foreign Ministry, in a statement, said that “Iranians have never surrendered to aggression.”

Iranian Foreign Minister Abbas Araghchi, who was leading Iran’s delegation in Oman-brokered negotiations, said the war on Iran was “wholly unprovoked, illegal and illegitimate.”

“Our powerful armed forces are prepared for this day and will teach the aggressors the lesson they deserve,” he wrote on X.

Iranians protest on Saturday in Tehran against attacks on Iran by Israel and the United States.

Iranians protest on Saturday in Tehran against attacks on Iran by Israel and the United States.

(Majid Saeedi / Getty Images)

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Israel’s military said its attacks were the largest military flyover in its history, with some 200 warplanes dropping hundreds of munitions on about 500 objectives.

Outside of Tehran, explosions could be heard in other cities, including Isfahan, Karaj, Kermanshah, Qom and Urmia, according to Iranian state media. An attack on the city of Minab struck a girls’ school, killing at least 85 students and injuring dozens of others, state-run media said.

Iran’s Red Crescent later said 201 people were killed in attacks across the country, and that 24 out of Iran’s 32 provinces were hit. More than 700 people were injured.

Cellphone and internet communications were disrupted shortly after the attacks began but have since been restored.

Iran struck back across the Middle East, with barrages reported on U.S. bases in the United Arab Emirates, Qatar, Bahrain, Kuwait, Iraq, Saudi Arabia and Jordan. Debris from one of those missiles killed one person in the UAE; another struck a hotel in Dubai. A Kuwaiti airport was hit, but no injuries were reported.

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Iran also dispatched multiple waves of missiles to Israel, with residents in Jordan, Syria and Lebanon seeing vapor trails crisscrossing the skies above and the explosive sounds of interceptions.

The waves of ordnance spurred airspace closures across the region, with many airlines suspending service to affected countries and leaving tens of thousands of people stranded.

Araghchi informed his Iraqi counterpart, Fuad Hussein, on Saturday that Tehran will limit its response to U.S. military bases in the region, and that Iran was acting in self-defense.

But the attacks nevertheless infuriated Arab governments. Many came out with statements excoriating Iran for what they described as an unprovoked attack on their sovereignty.

Russia, whose ties with Iran have deepened in recent years, demanded Israel and the U.S. halt military operations. According to the Associated Press, U.N. Ambassador Vassily Nebenzia said, “We insist on the immediate resumption of political and diplomatic settlement efforts … based on international law, mutual respect and a balance of interests.”

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In a sign of the rapidly expanding impact of the war, messages purporting to be from Iran’s Islamic Revolutionary Guard Corps were sent to ships ordering them to stay away from the Strait of Hormuz with “immediate effect.”

Shutting the strait, a strategic passageway through which one-fifth of global oil supplies pass, would probably lead to an immediate spike in energy prices and disrupt other shipping.

The opening salvos of what promises to be a lengthy campaign come two days after the U.S. and Iran concluded a third round of Oman-brokered negotiations in Geneva aimed at reducing tensions and stopping the prospect of war.

On Friday, Trump expressed displeasure with the pace of the talks, saying the Iranian side was not negotiating in “good faith” or giving in to U.S. demands. But Oman’s Foreign Minister Badr Albusaidi said a deal was “within reach.”

On Saturday, Albusaidi expressed dismay that “active and serious negotiations have yet again been undermined.”

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“Neither the interests of the United States nor the cause of global peace are well served by this. And I pray for the innocents who will suffer,” he said in a statement on X.

The American strikes on Iran drew immediate reaction on Capitol Hill as Democrats and a small bloc of Republicans accused the White House of sidelining Congress on actions they fear will trigger a broader conflict in the Middle East.

“By the president’s own words, ‘American heroes may be lost.’ That alone should have demanded the highest level of scrutiny, deliberation, and accountability, yet the president moved forward without seeking congressional authorization,” Sen. Mark Warner (D-Va.), the vice chair of the Senate Intelligence Committee, said in a statement.

Rep. Ro Khanna (D-Fremont) called on lawmakers to back a measure he is co-sponsoring with Rep. Thomas Massie (R-Ky.) that would compel the administration to seek congressional approval before engaging in any further activity in Iran.

“The American people are tired of regime change wars that cost us billions of dollars and risk our lives,” Khanna said in a video posted on X.

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As Democrats warned of constitutional overreach, other lawmakers rallied behind the president.

Sen. Roger Wicker (R-Miss.), the Senate Armed Services Committee chairman, said in a statement that Trump had taken “decisive action against the threat posed by the world’s leading proliferator of terrorism, the Iranian regime.”

“This is a pivotal and necessary operation to protect Americans and American interests,” Wicker said.

Secretary of State Marco Rubio notified some members of Congress’ Gang of Eight, which are the top four leaders in the House and Senate and top Democrats and Republicans on the House and Senate intelligence committees, according to CBS News.

Bulos reported from El Obeid, Sudan, Ceballos from Washington, D.C., and special correspondent Mostaghim from Tehran.

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