Politics
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.
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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.
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.
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.
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.
The prosecution then argued that under the New York state falsifying business records statute, anyone “causing” the falsified records can be punished.
“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.
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.
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.
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.”
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.”
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.
Closing arguments are currently set for next Tuesday.
Politics
Video: Bondi Vows to Keep Politics Out of Justice Department if Confirmed
“It will be my job, if confirmed as attorney general, to make those decisions. Politics will not play a part. I’ve demonstrated that my entire career as a prosecutor.” “You joined Mr. Trump in working to overturn the 2020 election. You’ve repeatedly described investigations and prosecutions of Mr. Trump as witch hunts, and you have echoed his calls for investigating and prosecuting his political opponents. This flies in the face of evidence. These are the kinds of anti-democratic efforts that in the past you have defended. And it’s critical that we understand whether you remain supportive of Mr. Trump’s actions.” “What would you do if your career, D.O.J. prosecutors, came to you with a case to prosecute — grounded in the facts and law — but the White House directs you to drop the case?” “Senator, if I thought that would happen, I would not be sitting here today.” “But let’s imagine that once again President-elect Trump issues a directive or order to you or to the F.B.I. director that is outside the boundaries of ethics or law. What will you do?” “Senator, I will never speak on a hypothetical, especially one saying that the president would do something illegal.” “Weaponization of the Justice Department may well occur under your tenure, and we want to make sure that that’s not the case, that you remain independent, that you remain able to and willing to tell the president no when that’s necessary to protect the Constitution and the integrity of the Department.” “I think that is the whole problem with the weaponization that we have seen the last four years and what’s been happening to Donald Trump. They targeted his campaign. They have launched countless investigations against him. That will not be the case. If I am attorney general, I will not politicize that office. I will not target people simply because of their political affiliation. Justice will be administered even handedly throughout this country.” “Who won the 2020 presidential election?” “Joe Biden is the president of the United States.” “Ms. Bondi did you know that there is a difference between acknowledging it? And I can say that Donald Trump won the 2024 election. I may not like it, but I can say it.” “As the Florida attorney general, Ms. Bondi achieved numerous successes. She engaged in key initiatives to fight human trafficking, countered the opioid epidemic and protect consumers and protect the citizens of Florida from violence.” “Will you do everything within your power as attorney general to enforce the laws on the books, including the president’s executive orders, and help do everything you can in the Department of Justice to restore security to our southern border?” “Yes, senator. Absolutely.”
Politics
'Lying to the nation': Trump orbit slams Biden for taking credit for ceasefire deal
President Biden is ending his tenure in the White House on a “sad” note after “lying to the nation” and taking credit for a cease-fire deal between Israel and Hamas during his farewell address on Wednesday evening, a Trump transition official said.
“Joe Biden is going out sad. Lying to the nation trying to take credit for a deal that all parties credit President Trump for making happen. Biden has had well over a year to secure the release of these hostages and peace. He failed. Trump succeeded,” a Trump transition official told Fox News Digital on Wednesday evening.
War has raged in the Middle East since October of 2023, with Israel and Hamas coming to a ceasefire agreement on Wednesday that also ensured the release of hostages.
Biden delivered his final address to the nation on Wednesday evening, where he took a victory lap for the cease fire in his opening remarks.
BIDEN TAKES SOLE CREDIT FOR ISRAEL-HAMAS DEAL, WARNS OF ‘OLIGARCHY’ THREATENING DEMOCRACY IN FAREWELL SPEECH
“My fellow Americans, I’m speaking to you tonight from the Oval Office. Before I begin, let me speak to important news from earlier today. After eight months of nonstop negotiation, my administration – by my administration – a cease-fire and hostage deal has been reached by Israel and Hamas. The elements of which I laid out in great detail in May of this year,” Biden said.
“This plan was developed and negotiated by my team, and will be largely implemented by the incoming administration. That’s why I told my team to keep the incoming administration fully informed, because that’s how it should be, working together as Americans,” he continued.
PRESIDENT BIDEN RELEASES FAREWELL LETTER, SAYS IT’S BEEN ‘PRIVILEGE OF MY LIFE TO SERVE THIS NATION’
Credit for reaching the agreement, however, was bolstered by the incoming Trump administration, according to sources who told Fox Digital that a recent meeting between Trump’s incoming Middle East envoy Steve Witkoff and Israeli Prime Minister Benjamin Netanyahu reportedly played a pivotal role in the deal.
FOX NEWS GETS AN INSIDE LOOK AT IDF’S WAR AGAINST HAMAS
Netanyahu also thanked Trump on Wednesday for “his assistance in advancing the release of the hostages.”
“Prime Minister Benjamin Netanyahu spoke this evening with US President-elect Donald Trump and thanked him for his assistance in advancing the release of the hostages and for helping Israel bring an end to the suffering of dozens of hostages and their families,” the official Prime Minister of Israel X account posted.
“The Prime Minister made it clear that he is committed to returning all of the hostages however he can, and commended the US President-elect for his remarks that the US would work with Israel to ensure that Gaza will never be a haven for terrorism.”
The X account added later: “Prime Minister Netanyahu then spoke with US President Joe Biden and thanked him as well for his assistance in advancing the hostages deal.”
ISRAEL-HAMAS CEASE-FIRE, HOSTAGE RELEASE DEAL REACHED: ‘AMERICANS WILL BE PART OF THAT’
When asked who the history books would remember for championing the ceasefire deal earlier Wednesday, Biden balked at the suggestion Trump and his team spearheaded the effort.
“Who in the history books gets credit for this, Mr. President, you or Trump?” Fox News’ Jacqui Heinrich asked Biden at Wednesday afternoon’s White House news conference.
“Is that a joke?” the president responded.
“Oh. Thank you,” Biden responded when Heinrich said it was not a joke, and then walked away.
Politics
Sen. Marco Rubio appears set to win confirmation as secretary of State
WASHINGTON — Once a bitter critic of President-elect Donald Trump, Republican Sen. Marco Rubio of Florida headed into his first Senate hearing Wednesday as nominee for secretary of State.
Rubio, with extensive experience on Capitol Hill and in foreign policy circles, appears to be the least controversial in Trump’s list of Cabinet picks, many of whom lack the credentials or background usually associated with their nominated jobs.
A foreign policy hawk — especially on China — Rubio, the son of Cuban immigrants, seemed likely to win easy bipartisan approval. On Wednesday, he faced the Senate Foreign Relations Committee on which he has served for 14 years.
If confirmed as expected, Rubio will be the first Latino to serve as America’s top diplomat.
In the past, Rubio largely hewed to long-standing Republican views on a multi-lateral approach to the world, embracing allies and united action. On Wednesday, he echoed Trump’s “America first” philosophy.
His State Department, Rubio testified, will be guided by a singular objective “to promote peace abroad, and security and prosperity here at home.”
“Placing our core national interests above all else is not isolationism,” Rubio said. “The postwar global order is not just obsolete; it is now a weapon being used against us.”
China, he said, is the “most potent” enemy the United States has ever faced, its “near peer” on many fronts, including technology, economy and diplomatic muscle.
“We’ve allowed them to get away with things …. and now we are dealing with the ramifications of that,” he said, advocating the U.S. must fortify its own industrial and supply chain capabilities to prevent “total dependence … from our security to our health” on the communist-led nation.
Rubio, who recently voted against an aid package for Ukraine, echoed Trump in saying Kyiv’s war with Russia had to come to an end. “There will have to be concessions made” by both Russia and Ukraine, he said. Many observers worry that Trump’s affinity for Russian President Vladimir Putin will lead to him demanding more sacrifice from Ukraine in any peace negotiation.
The hearing was interrupted by protesters; Rubio quipped that at least he gets bilingual demonstrators.
But overall, the mood among the senators was friendly and lacked the confrontations of the previous day’s hearing of Fox TV commentator Pete Hegseth, whom Trump has nominated to be secretary of Defense. Senators questioned Hegseth about his experience, drinking, position on women in combat roles and allegations of sexual assault, which he has denied.
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