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Opinion: That scowl. The gag order. Frightened jurors. Who's on trial, a former president or a mob boss?

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Opinion: That scowl. The gag order. Frightened jurors. Who's on trial, a former president or a mob boss?

Donald Trump has fussed about many things during his criminal trial in Manhattan: the judge, prosecutors, their relatives, witnesses, jurors and of course the media, for reporting on the sparse crowds outside.

Yet Trump of all people knows that his fellow New Yorkers are proudly blasé about celebrity goings-on. It shouldn’t be surprising that not much of a crowd forms at the courthouse where the Don has been in the dock. After all, if you’ve seen one trial of a mob boss in Gotham, you’ve seen ‘em all.

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Jackie Calmes

Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.

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And Trump’s trial — where he’s charged with fraudulently covering up pre-election hush money payments to Stormy Daniels in 2016, to keep voters in the dark about their alleged tryst — resembles nothing so much as a prosecution of yet another organized crime figure, even if it is, in fact, unprecedented: The first criminal case against a former U.S. president in history.

Lest anyone think the quick-to-complain Trump might grouse about being likened to gangsters, he draws the parallel himself, repeatedly.

“I’ve been indicted more than Alphonse Capone,” Trump boasted at a conservative conference in February. (Fact check: False, but he’s close.) He regularly, and admiringly, compares himself to ol’ “Scarface” at MAGA rallies. “He was seriously tough, right?” tough-guy Trump said to Iowa rally-goers in October. Last year on social media, he called Capone “the late great gangster.” Great?

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The shtick might be funny if what underlies it weren’t so serious. As we head into the third week of the People of New York State vs. Donald J. Trump in that dingy courthouse so far removed from the Don’s usual gilt opulence, it’s downright disturbing to contemplate the similarities between his trial and that of a mob boss.

How can it be that this man is tied or ahead of President Biden in the polls? I remain confident Trump will pay a political price in time, as the sordidness of all this sinks in.

Perhaps the most distressing of the mob comparisons is this: The safety of jurors is a real concern. Their identities are secret to protect against intimidation or harm, and one juror was dismissed after confessing her fear. Former federal prosecutor Joyce Vance posted on X that she’s seen such trepidation for jurors only “in a case involving violent organized crime.”

And it’s not the first time for Trump. The jurors who in January found that he defamed writer E. Jean Carroll after she successfully sued him for sexual assault, also had their identities withheld. After that civil trial, federal Judge Lewis A. Kaplan warned them, “My advice to you is that you never disclose that you were on this jury.” Chilling.

Former prosecutor and FBI general counsel Andrew Weissmann noted on MSNBC that he’d last heard a judge similarly caution some jurors decades ago, after they convicted Genovese crime family boss Vincent Gigante. “It is remarkable,” he added, “ that that same admonition was said with respect to somebody who was the president of the United States.”

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It’s tragic, actually. Trump once swore to uphold the rule of law; now he’s making a mockery of it and putting innocents and civil servants at risk.

There’s also worry for witnesses. Prosecutors won’t share their witness list with Trump’s defense team, an act that’s typically routine.

“Mr. Trump has been tweeting about the witnesses. We’re not telling them who the witnesses are,” prosecutor Joshua Steinglass said. “I can’t fault them for that,” Judge Juan M. Merchan said, dismissing the appeals of Trump lawyer Todd Blanche.

Trump’s tweets earned him a gag order from Merchan against attacking witnesses as well as prosecutors, court staff and the judge’s and Dist. Atty. Alvin Bragg’s families. Such gags are rare, except of course in trials of boorish mobsters.

The judge and prosecutors fear Trump will intimidate those he’s targeted, and perhaps spur some unhinged supporter to violence. (It’s not as if there is no precedent for that!) The threats Trump stokes also explain much of the heavy security around the courthouse.

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A final mob connection: Trump’s demeanor in court — the practiced scowls captured in photos and courtroom sketches, and his wise-guy mutterings reported by journalists in the room. His model, Trump told biographer-turned-critic Tim O’Brien, is none other than the murderous mafioso John Gotti. “The thing he respected about Gotti,” O’Brien told MSNBC, “was that he … sat there in court and he looked at the jurors and he looked at the judge with a big F-U on his face.”

Trump’s mob modeling goes way back. His former lawyer Michael Cohen, a key witness against him, said Trump for decades ran his family company “much like a mobster would do.” Cohen, a self-described consigliere, admits to intimidating people and lying on Trump’s behalf. “He doesn’t give you orders,” Cohen told Congress in 2019. “He speaks in a code, and I understand the code.” Trump responded to Cohen’s testimony in mob-speak, natch, tweeting that his former lawyer was “a rat.”

The trial’s first witness, former National Enquirer publisher David Pecker, testified last week about his cooperation with Trump in 2016 to “catch and kill” prurient Trump stories before that year’s election. He repeatedly described Cohen warning him that “the boss” would be angry if Pecker didn’t hold up his end of the bargain.

The mob mentality gives a particularly clear perspective on Trump’s claim earlier in 2016: “I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose any voters.” Eight years later, he’s on trial for something less than murder, yet the upshot is the same: He’s banking that his voters don’t care.

He’s almost certainly right about most if not all of them. But Trump needs more than just his MAGA loyalists to win. Let’s hope this trial, whatever the outcome, leaves everyone else determined not to see a godfather in the White House again.

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San Diego sues to stop border barrier construction

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San Diego sues to stop border barrier construction

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The city of San Diego sued the federal government to stop the construction of razor wire fencing on city-owned land near the U.S.-Mexico border, accusing federal agencies of trespassing and causing environmental damage.

The city filed the complaint in the U.S. District Court for Southern California on Monday. The complaint named Department of Homeland Security Secretary Kristi Noem and Secretary of War Pete Hegseth among the defendants.

The city accused the federal government of acting without legal authority when they entered city property in Marron Valley and began installing razor wire fencing.

“The City of San Diego will not allow federal agencies to disregard the law and damage City property,” said City Attorney Heather Ferbert in a news release. She said the lawsuit aims to protect sensitive habitats and ensure environmental commitments are upheld.

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San Diego is suing the federal government to stop the construction of razor wire fencing on city property in Marron Valley. (Justin Hamel/Bloomberg via Getty Images, File)

According to the lawsuit, federal personnel including U.S. Marines accessed the land without the city’s consent, and damaged environmentally sensitive areas protected under long-standing conservation agreements.

DHS Secretary Kristi Noem and Secretary of War Pete Hegseth were among the federal officials named in San Diego’s lawsuit. (Reuters/Brian Snyder; AP Photo/Alex Brandon)

San Diego argues the fencing has blocked the city’s ability to manage and assess its own property and could jeopardize compliance with environmental obligations.

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An American flag can be seen through the barbed wire surrounding the CoreCivic Otay Mesa Detention Center on October 4, 2025 in San Diego, California. (Kevin Carter/Getty Images)

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The lawsuit also accuses the federal government of trespassing and beginning construction without proper authority or environmental review, and unconstitutionally taking the land in violation of the Fifth Amendment.

Fox News Digital reached out to DHS and the Pentagon for comment.

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Commentary: Tim Walz isn’t the only governor plagued by fraud. Newsom may be targeted next

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Commentary: Tim Walz isn’t the only governor plagued by fraud. Newsom may be targeted next

Former vice presidential contender and current aw-shucks Minnesota Gov. Tim Walz announced this week that he won’t run for a third term, dogged by a scandal over child care funds that may or may not be going to fraudsters.

It’s a politically driven mess that not coincidentally focuses on a Black immigrant community, tying the real problem of scammers stealing government funds to the growing MAGA frenzy around an imaginary version of America that thrives on whiteness and Christianity.

Despite the ugliness of current racial politics in America, the fraud remains real, and not just in Minnesota. California has lost billions to cheats in the last few years, leaving our own governor, who also harbors D.C. dreams, vulnerable to the same sort of attack that has taken down Walz.

As we edge closer to the 2028 presidential election, Republicans and Democrats alike will probably come at Gavin Newsom with critiques of the state’s handling of COVID-19 funds, unemployment insurance and community college financial aid to name a few of the honeypots that have been successfully swiped by thieves during his tenure.

In fact, President Trump said as much on his social media barf-fest this week.

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“California, under Governor Gavin Newscum, is more corrupt than Minnesota, if that’s possible??? The Fraud Investigation of California has begun,” he wrote.

Right-wing commentator Benny Johnson also said he’s conducting his own “investigation.” And Republican gubernatorial candidate Steve Hilton is claiming his fraud tip line has turned up “(c)orruption, fraud and abuse on an epic scale.”

Just to bring home that this vulnerability is serious and bipartisan, Rep. Ro Khanna, the Silicon Valley congressman rumored to have his own interest in the Oval Office, is also circling the fraud feast like a vulture eyeing his next meal.

“I want to hear from residents in my district and across the state about waste, mismanagement, inefficiencies, or fraud that we must tackle,” Khanna wrote on social media.

Newsom’s spokesman Izzy Gardon questioned the validity of many fraud claims.

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“In the actual world where adults govern,” Gardon said, “Gavin Newsom has been cleaning house. Since taking office, he’s blocked over $125 BILLION in fraud, arrested criminal parasites leaching off of taxpayers, and protected taxpayers from the exact kind of scam artists Trump celebrates, excuses, and pardons.”

What exactly are we talking about here? Well, it’s a pick-your-scandal type of thing. Even before the federal government dumped billions in aid into the states during the pandemic, California’s unemployment system was plagued by inefficiencies and yes, scammers. But when the world shut down and folks needed that government cash to survive, malfeasance skyrocketed.

Every thief with a half-baked plan — including CEOs, prisoners behind bars and overseas organized crime rackets — came for California’s cash, and seemingly got it. The sad part is these weren’t criminal geniuses. More often than not, they were low-level swindlers looking at a system full of holes because it was trying to do too much too fast.

In a matter of months, billions had been siphoned away. A state audit in 2021 found that at least $10 billion had been paid out on suspicious unemployment claims — never mind small business loans or other types of aid. An investigation by CalMatters in 2023 suggested the final figure may be up to triple that amount for unemployment. In truth, no one knows exactly how much was stolen — in California, or across the country.

It hasn’t entirely stopped. California is still paying out fraudulent unemployment claims at too high a rate, totaling up to $1.5 billion over the last few years — more than $500 million in 2024 alone, according to the state auditor.

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But that’s not all. Enterprising thieves looked elsewhere when COVID-19 money largely dried up. Recently, that has been our community colleges, where millions in federal student aid has been lost to grifters who use bots to sign up for classes, receive government money to help with school, then disappear. Another CalMatters investigation using data obtained from a public records request found that up to 34% of community college applications in 2024 may have been false — though that number represents fraudulent admissions that were flagged and blocked, Gardon points out.

Still, community college fraud will probably be a bigger issue for Newsom because it’s fresher, and can be tied (albeit disingenuously) to immigrants and progressive policies.

California allows undocumented residents to enroll in community colleges, and it made those classes free — two terrific policies that have been exploited by the unscrupulous. For a while, community colleges didn’t do enough to ensure that students were real people, because they didn’t require enough proof of identity. This was in part to accommodate vulnerable students such as foster kids, homeless people and undocumented folks who lacked papers.

With no up-front costs for attempting to enroll, phonies threw thousands of identities at the system’s 116 schools, which were technologically unprepared for the assaults. These “ghost” students were often accepted and given grants and loans.

My former colleague Kaitlyn Huamani reported that in 2024, scammers stole roughly $8.4 million in federal financial aid and more than $2.7 million in state aid from our community colleges. That‘s a pittance compared with the tens of billions that was handed out in state and federal financial aid, but more than enough for a political fiasco.

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As Walz would probably explain if nuanced policy conversations were still a thing, it’s both a fair and unfair criticism to blame these robberies on a governor alone — state government should be careful of its cash and aggressive in protecting it, and the buck stops with the governor, but crises and technology have collided to create opportunities for swindlers that frankly few governmental leaders, from the feds on down, have handled with any skill or luck.

The crooks have simply been smarter and faster than the rest of us to capitalize first on the pandemic, then on evolving technology including AI that makes scamming easier and scalable to levels our institutions were unprepared to handle.

Since being so roundly fleeced during the pandemic, multiple state and federal agencies have taken steps in combating fraud — including community colleges using their own AI tools to stop fake students before they get in.

And the state is holding thieves accountable. Newsom hired a former Trump-appointed federal prosecutor, McGregor Scott, to go after scam artists on unemployment. And other county, state and federal prosecutors have also dedicated resources to clawing back some of the lost money.

With the slow pace of our courts (burdened by their own aging technology), many of those cases are still ongoing or just winding up. For example, 24 L.A. County employees were charged in recent months with allegedly stealing more than $740,000 in unemployment benefits, which really is chump change in this whole mess.

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Another California man recently pleaded guilty to allegedly cheating his way into $15.9 million in federal loans through the Paycheck Protection Program and Economic Injury Disaster Loan programs.

And in one of the most colorful schemes, four Californians with nicknames including “Red boy” and “Scooby” allegedly ran a scam that boosted nearly $250 million in federal tax refunds before three of them attempted to murder the fourth to keep him from ratting them out to the feds.

There are literally hundreds of cases across the country of pandemic fraud. And these schemes are just the tip of the cash-berg. Fraudsters are also targeting fire relief funds, food benefits — really, any pot of public money is fair game to them. And the truth is, the majority of that stolen money is gone for good.

So it’s hard to hear the numbers and not be shocked and angry, especially as the Golden State is faced with a budget shortfall that may be as much as $18 billion.

Whether you blame Newsom personally or not for all this fraud, it’s hard to be forgiving of so much public money being handed to scoundrels when our schools are in need, our healthcare in jeopardy and our bills on an upward trajectory.

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The failure is going to stick to somebody, and it doesn’t take a criminal mastermind to figure out who it’s going to be.

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Wyoming Supreme Court rules laws restricting abortion violate state constitution

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Wyoming Supreme Court rules laws restricting abortion violate state constitution

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The Wyoming Supreme Court ruled on Tuesday that a pair of laws restricting abortion access violate the state constitution, including the country’s first explicit ban on abortion pills.

The court, in a 4-1 ruling, sided with the state’s only abortion clinic and others who had sued over the abortion bans passed since the U.S. Supreme Court overturned Roe v. Wade in 2022, which returned the power to make laws on abortion back to the states.

Despite Wyoming being one of the most conservative states, the ruling handed down by justices who were all appointed by Republican governors upheld every previous lower court ruling that the abortion bans violated the state constitution.

Wellspring Health Access in Casper, the abortion access advocacy group Chelsea’s Fund and four women, including two obstetricians, argued that the laws violated a state constitutional amendment affirming that competent adults have the right to make their own health care decisions.

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The Wyoming Supreme Court ruled that a pair of laws restricting abortion access violate the state constitution. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Voters approved the constitutional amendment in 2012 in response to the federal Affordable Care Act, which is also known as Obamacare.

The justices in Wyoming found that the amendment was not written to apply to abortion but noted that it is not their job to “add words” to the state constitution.

“But lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue,” the justices wrote.

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Wellspring Health Access President Julie Burkhart said in a statement that the ruling upholds abortion as “essential health care” that should not be met with government interference.

“Our clinic will remain open and ready to provide compassionate reproductive health care, including abortions, and our patients in Wyoming will be able to obtain this care without having to travel out of state,” Burkhart said.

Wellspring Health Access opened as the only clinic in the state to offer surgical abortions in 2023, a year after a firebombing stopped construction and delayed its opening. A woman is serving a five-year prison sentence after she admitted to breaking in and lighting gasoline that she poured over the clinic floors.

Wellspring Health Access opened as the only clinic in the state to offer surgical abortions in 2023, a year after a firebombing stopped construction. (AP)

Attorneys representing the state had argued that abortion cannot violate the Wyoming constitution because it is not a form of health care.

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Republican Gov. Mark Gordon expressed disappointment in the ruling and called on state lawmakers meeting later this winter to pass a constitutional amendment prohibiting abortion that residents could vote on this fall.

An amendment like that would require a two-thirds vote to be introduced as a nonbudget matter in the monthlong legislative session that will primarily address the state budget, although it would have significant support in the Republican-dominated legislature.

“This ruling may settle, for now, a legal question, but it does not settle the moral one, nor does it reflect where many Wyoming citizens stand, including myself. It is time for this issue to go before the people for a vote,” Gordon said in a statement.

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Gov. Mark Gordon expressed disappointment in the ruling. (Getty Images)

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One of the laws overturned by the state’s high court attempted to ban abortion, but with exceptions in cases where it is needed to protect a pregnant woman’s life or in cases of rape or incest. The other law would have made Wyoming the only state to explicitly ban abortion pills, although other states have implemented de facto bans on abortion medication by broadly restricting abortion.

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Abortion has remained legal in the state since Teton County District Judge Melissa Owens blocked the bans while the lawsuit challenging the restrictions moved forward. Owens struck down the laws as unconstitutional in 2024.

Last year, Wyoming passed additional laws requiring abortion clinics to be licensed surgical centers and women to receive ultrasounds before having medication abortions. A judge in a separate lawsuit blocked those laws from taking effect while that case moves forward.

The Associated Press contributed to this report.

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