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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)

TRUMP SLAMS NY COURT SYSTEM, BOASTS HE’S GOING ‘TO WIN’ EMPIRE STATE

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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: How Rubio Is Driving the U.S. Pressure Campaign on Cuba

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Video: How Rubio Is Driving the U.S. Pressure Campaign on Cuba

new video loaded: How Rubio Is Driving the U.S. Pressure Campaign on Cuba

Our diplomatic correspondent Michael Crowley explains how Secretary of State Marco Rubio, who has long lobbied for an end to the regime in Cuba, is ramping up pressure on the island.

By Michael Crowley, Nikolay Nikolov, Alexandra Ostasiewicz, Jon Miller and Whitney Shefte

May 20, 2026

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‘Hunter Biden’ X account debuts with eyebrow-raising claim as GOP lawmakers pile on

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‘Hunter Biden’ X account debuts with eyebrow-raising claim as GOP lawmakers pile on

NEWYou can now listen to Fox News articles!

A newly active X account bearing former first son Hunter Biden’s name drew mockery from GOP lawmakers and prominent social media personalities after posting its first message Tuesday.

“Your laptop’s reputation precedes you,” Tennessee Sen. Marsha Blackburn wrote in response to the “@HunterBiden” account. 

Fox News Digital reached out to X and Hunter Biden’s art gallery to verify if the account belongs to the former president’s son, but did not receive confirmation. The account has garnered thousands of followers and interactions since Tuesday, when it launched its first message. 

“I’m Hunter Biden. You’ve never actually heard from me,” the account blaring the former first son’s name posted. 

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The account’s profile reads: “Artist. Author. Recovery Advocate.”

HUNTER BIDEN HELPED MAKE CAMPAIGN DECISIONS, WAS MAJOR FIXTURE IN FATHER’S ORBIT, AUTHOR SAYS

Hunter Biden posts his first message on X and Substack. (Mandel Ngan/AFP)

Hunter, 56, has re-emerged in the public spotlight as he attempts to rebuild his image following years of controversy involving drug addiction, legal troubles and scrutiny surrounding his personal life. 

The X account, @HunterBiden, was first launched in 2013, according to a Fox News Digital review, but posted its first public message on Tuesday. Hunter Biden’s art gallery website is linked to the X account, while the art gallery’s website links to the X account, a YouTube page and a Substack account. 

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The tweet sparked a wave of mockery aimed at the younger Biden, as well as a handful of accounts quipping that the former first son would allegedly launch a 2028 run. 

“We’ve heard plenty,” said Republican Indiana Sen. Jim Banks responded to the account. 

“Trust me, we’ve heard and seen ENOUGH from you,” Republican Missouri Rep. Jason Smith chimed in.

Other social media users quickly piled onto the alleged Hunter Biden post, resurfacing past controversies and even floating him as a potential political candidate.

“Oh this oughta be good,” said conservative commentator Nick Sortor in an X response.

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“Very real chance he doesn’t remember that we have, in fact, heard from him in hours of podcasting before now,” said Fox News contributor Mary Katharine Ham.

“The 2028 Dark Horse Candidate,” wrote one X user, while another added “He’s running.”

MAMDANI’S WIFE’S ‘STUDENT SKETCHBOOK’ ART IS HUNTER BIDEN EFFECT ALL OVER AGAIN, SAYS US ARTIST

Hunter’s art gallery website links his X account, Youtube, as well as a newly formed Substack which posts the same message. (TheImageDirect.com)

Additionally, Candace Owens tagged the X account in a trailer for her upcoming interview with Hunter Biden, who is continuing a media tour following years of controversy while under the public spotlight. 

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The @HunterBiden account reposted the video, writing, “She’s got questions. I’ve got answers. Thursday.”

JOE BIDEN POSES WITH HUNTER’S CHINESE BUSINESS ASSOCIATES IN NEWLY SURFACED PHOTOS: ‘INCREDIBLY DAMNING’

Hunter reportedly moved out of the United States amid mounting legal issues, just a year after his father left the presidential office in 2025.  (REUTERS/Kevin Lamarque)

HUNTER BIDEN’S FINANCIAL WOES REVEALED IN NEW MOTION TO DROP LAWSUIT: ‘SIGNIFICANT DEBT’

Hunter Biden has been involved in a string of controversies spanning his foreign business dealings, tax and gun charges, and scrutiny tied to his family’s political connections.

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Hunter received a pardon from President Joe Biden for any offense he “has committed or may have committed” from Jan. 1, 2014, to Dec. 1, 2024, before his father left office.

In September 2024, Hunter Biden pleaded guilty to nine federal tax charges in California for a scheme evading over $1.4 million in taxes from 2016 to 2019. He was also convicted in Delaware in June 2024 for lying on a federal form about his drug use to purchase a firearm in 2018.

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Hunter published a memoir titled “Beautiful Things: A Memoir” in 2021 which details his battle with severe substance abuse and family tragedies from his own perspective.

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Contributor: Trump has left himself only bad options on Iran

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Contributor: Trump has left himself only bad options on Iran

Nearly three months after the United States and Israel launched their large-scale bombing campaign against Iran and about six weeks since the April 8 ceasefire took effect, President Trump faces an inflection point. Does he return to war? Maintain the ceasefire and U.S. blockade on Iranian ports in the hope of cutting a deal on American terms? Or drop his maximalist negotiating stance?

Sen. Lindsey Graham (R-S.C.), an informal foreign policy advisor for the White House, continues to press for more aggressive U.S. military action. Trump’s political advisors would prefer that the war end as soon as possible to minimize political repercussions against the Republican Party in a midterm election year.

Trump seems conflicted. Despite weeks of U.S. bombardment and an ongoing naval blockade, Tehran is as protective of its nuclear program today as it was before the war began. “For Iran, the Clock is Ticking, and they better get moving, FAST, or there won’t be anything left of them,” Trump wrote on Truth Social over the weekend. A day later, Trump took to the social media platform again to announce he suspended planned U.S. attacks on Iran to give talks more time.

Unfortunately for Trump, he’s proved to be his own worst enemy on this subject. Iran’s stockpile of highly enriched uranium and Tehran’s effective control of the Strait of Hormuz, the regime’s two biggest cards, are a byproduct of Trump’s own policy decisions.

The first is a clear indictment of Trump’s first-term order to withdraw the United States from the Obama-era Joint Comprehensive Plan of Action, a highly technical accord that put Iran’s nuclear work in a box by restricting the number and quality of centrifuges it could use, capped the amount of enriched uranium it could produce and compelled Tehran to ship 97% of its stockpile out of the country. When the Trump administration scrapped that hard-won deal, Iran responded by enriching more nuclear material at a faster pace and accumulating the very stockpile the Trump administration is now seeking to neutralize.

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The Strait of Hormuz, Iran’s second card, would not even be an issue today if the Trump administration had refrained from going to war in the first place. On Feb. 27, the day before the conflict began, more than 150 tankers and vessels traveled through the strait. The international waterway was open for business.

Not so today. On Thursday, a grand total of three crossings were registered in the waterway. This collapse of commerce is a consequence of Iran’s ability to harass civilian tankers so much that shipping companies no longer view the journey as worth the cost. As Adm. Brad Cooper, the top U.S. commander in the Middle East, testified to the Senate Armed Services Committee on Thursday: “The Iranian capability to stop commerce has been dramatically depleted through the strait, but their voice is very loud. And those threats are clearly heard by the merchant industry and insurance industry.”

By virtue of his own actions, Trump is now left with a series of policy options that range from least bad to terrible. None of them are ideal, and all of them carry some risk.

For starters, Trump could resume the war. Any renewed U.S. bombing campaign would probably expand the U.S. military’s original set of targets to include a portion of Iran’s energy infrastructure, which Trump has threatened repeatedly to hit. A U.S. invasion of Kharg Island, where 90% of Iran’s oil processing takes place, might also be up for discussion. The aim would be to destroy Iran’s remaining military capabilities and further squeeze its oil revenue until Tehran’s strategic calculus on the war shifts to Washington’s liking.

Yet there are no guarantees that doubling down on military force will work. Trump’s entire strategy has relied on a baseline assumption: The more punitive the United States is, the more likely Tehran will be to cave. Yet that simply hasn’t occurred. If anything, Iran is more dug in now than it was in the opening days of the conflict. For the regime, capitulating to Trump is as dangerous as losing the war. Why would more bombing succeed where previous bombing failed?

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The risks of additional U.S. military action are considerable as well. Before the ceasefire, Iran was launching ballistic missiles and attack drones across multiple gulf Arab states, hitting Qatar’s largest natural gas processing facility, Saudi Arabia’s east-west oil pipeline and Dubai’s luxurious high-rises. As the Iranians have stated, such attacks will not only resume if Trump orders a resumption of the war but will expand to new targets, including desalination facilities and nuclear power plants. Such strikes would raise global oil and gas prices to even more absurd levels, adding to the extra $40 billion the American people are already paying for fuel since the war began.

What about continuing the status quo? While this contingency would be less costly than another round of bombing or a U.S. ground invasion, it’s unclear whether it would help or hurt negotiations toward a settlement. There’s a possibility that extending the U.S. blockade of Iranian ports could merely reaffirm the regime’s earlier decision to preserve its own shutdown of the strait. Iran is now urging Washington to end its blockade before talks on the nuclear file can be held. And it’s a mystery whether Trump’s blockade is working anyway; the U.S. intelligence community assesses that Iran could withstand this pressure point for three to four more months, which may be too long for Trump to sustain given the oil disruptions that are bound to get worse.

Striking an agreement to end the war, return the strait to open traffic and restrict Iran’s nuclear program would be the most beneficial policy for the United States with the least amount of cost attached — not quite undoing the harm from Trump’s first-term decision to scrap the nuclear deal and his second-term decision to start a war. U.S. and Iranian negotiators are passing proposals back and forth as we speak. But as of now, Trump can’t stomach agreeing to a deal that covers some of Iran’s terms, including but not limited to a shorter suspension of enriched uranium and some kind of Iranian role in the management of the strait. Even if Trump did reassess his position, he would be forced to confront the hawks in his political coalition who would consider anything short of Iran’s total surrender a failure.

In short, Trump is in an unenviable position. He’s got nobody to blame but himself.

Daniel R. DePetris is a fellow at Defense Priorities and a syndicated foreign affairs columnist.

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