NationalWatch

President Biden on Wednesday promised to nominate progressives to the Supreme Court if he wins a second term in the White House.

Biden made the pledge at a “Black Voters for Biden-Harris” rally in Philadelphia, where he predicted that more than one Supreme Court justice will retire in the next four years.

“The next president, they’re going to be able to appoint a couple justices, and I’ll be damned — if in fact we’re able to change some of the justices when they retire and put in really progressive judges like we’ve always had, tell me that won’t change your life,” Biden told his audience. 

The president’s comments emphasize what is at stake in the next election for both conservatives, who have lauded their 6-3 majority on the court in recent years, and progressives who have decried landmark rulings ending federal protections for abortion and expanding gun rights.

FIRST LADY JILL BIDEN WARNS ‘THE VIEW’ ‘WE WILL LOSE ALL OF OUR RIGHTS’ IF TRUMP GETS ANOTHER SCOTUS JUDGE

President Biden delivers remarks during a campaign event at Girard College in Philadelphia, on Wednesday May 29, 2024. (Demetrius Freeman/The Washington Post via Getty Images)

Biden’s remarks also serve as a reminder that several justices are in their seventies. Clarence Thomas and Samuel Alito, both conservatives appointed by Republican presidents, are 75 and 74, respectively. Sonia Sotomayor, a progressive appointed by President Obama, will turn 70 next month.

TRUMP AHEAD OF BIDEN IN THESE KEY SWING STATES: POLL

Supreme Court Justices posing for an official photo at the Supreme Court. (OLIVIER DOULIERY/AFP via Getty Images)

If one or more justices retire, the next occupant of the White House will fill that vacancy and may reshape the composition of the court for decades. Former President Trump had three such opportunities during his term in office, appointing conservative Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barret — who solidified the current conservative majority.

With the election a little more than six months away, the Biden campaign is sounding the alarm on what could happen if Trump wins as polls show a tight race. 

SUPREME COURT JUSTICE ALITO ADDRESSES FLAG INCIDENTS, SAYS HE WON’T RECUSE HIMSELF IN TRUMP, JAN. 6 CASES

President Biden speaks during a campaign event in Philadelphia, Pennsylvania, on May 29, 2024. (MANDEL NGAN/AFP via Getty Images)

First lady Jill Biden said Wednesday there would be disastrous results and a loss of human rights if Trump is re-elected in November.

“We will lose all of our rights,” she said on “The View.” She had warned earlier that “we cannot take things for granted, and think of the Supreme Court for God’s sake. Talk about things getting worse? Can you imagine if we put any more Republicans on the Supreme Court? No!”

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The rhetoric from the Biden campaign echoes Trump’s 2016 strategy after the death of Justice Antonin Scalia, with a pending Supreme Court appointment. Trump promised to nominate a conservative who would overturn Roe v. Wade, the 1973 decision that established constitutional protections for abortion, and he even released a list of people he was considering for the position.

Biden in 2020 promised to nominate a Black woman to the Supreme Court if given the opportunity. He did so after Justice Stephen Breyer retired at age 83, nominating Ketanji Brown Jackson to fill the vacancy.

Fox News’ Alexander Hall contributed to this report.

Trump supporters, who gathered outside the New York City courtroom on Wednesday where the former president is facing criminal charges, rallied in support of him and sounded off on the “judicial lynching” they say he is facing with the trial.

“I love Trump and I love what he did for me and my people, Black people, he really helped us out,” a Black New Yorker wearing a Trump hat told Fox News Digital.  “What they doing right now is really ridiculous, these court cases and everything that they doing towards him…they trying to stop the momentum from winning the election.”

“It ain’t happening man, we f— with Trump, Black people we really with Trump.”

COULD VERDICT IN TRUMP CRIMINAL TRIAL UPEND THE PRESIDENTIAL ELECTION?

Trump Protestors and Opponents weigh in on Trump trial (Fox News Digital)

The man went on to dismiss the idea that the Biden administration is defending “Black America.”

“Biden ain’t for no Black America,” the man continued. “I lost everything since Biden been in, I had a whole limousine business, I had a whole car business selling cars, buying and selling cars, that all went down the drain when Biden got in. I had to go now sleep in the God d—  car. I don’t get a free hotel like immigrants get.”

NY V TRUMP: FORMER PRESIDENT UNLEASHES SOCIAL MEDIA FIRESTORM AHEAD OF JURY DELIBERATION

Former President Donald Trump returns from a lunch break for his hush money trial at Manhattan Criminal Court on May 28, 2024 in New York City.  (Julia Nikhinson-Pool/Getty Images))

“We gotta get them outta there,” the man, who identified himself as being from New York, said about politicians who say there is “no place for Trump in New York.” 

“They don’t do nothing for us, AOC don’t do nothing for us,” he added.

“This is a judicial lynching, he did nothing wrong,” a white man wearing a “Gays for Trump” shirt told Fox News Digital on Wednesday afternoon.  “He will be found innocent, even if he isn’t and he’s railroaded by the Democratic Marxist party, I will vote for him regardless of the outcome.”

Conservative activist and artist Scott LoBaido also spoke to Fox News Digital outside the courtroom and said the court is “humiliating not only Donald Trump” and “not only us” but “the judicial system itself.”

“I’m here to return the favor and humiliate them,” LoBaido, who unveiled a portrait he painted mocking actor Robert DeNiro who was strongly criticized for bashing Trump outside the courtroom on Tuesday, told Fox News Digital.

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New York Supreme Court Judge Juan Merchan  listens as former U.S. President Donald Trump watches as Stormy Daniels is questioned by defense attorney Susan Necheles during Trump’s criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, U.S., May 9, 2024 in this courtroom sketch. (REUTERS/Jane Rosenberg)

“This guy’s a cry baby, spoiled rotten, he doesn’t understand these people that can’t afford a dozen eggs, can’t afford gas, that have illegal aliens rampaging through their neighborhoods, crime, he’s protected, and for him to call us haters of Democracy? No.” 

Not everyone gathered outside the New York City courtroom had glowing things to say about the former president including one Black man who told the camera that Trump has “released a spirit of delusion” and a “spirit of division.”

Jurors in the case were handed their final instructions on Wednesday and were sent out to deliberate on Trump’s guilt in the 34 charges against him stemming from allegations he improperly covered up an NDA agreement with porn star Stormy Daniels. Trump has pleaded not guilty on all counts and dismissed the allegations as a political prosecution.

The jury went home for the day around 4:30 p.m. on Wednesday and is set to resume deliberations on Thursday morning.

Fox News Digital’s Matteo Cina contributed to this report

Former President Trump unleashed a social media firestorm ahead of the jury in his New York trial beginning deliberations on Wednesday.

Court began shortly after 10:00 a.m. ET with Judge Juan Merchan reading the deliberation instructions to the jury before they seek to reach a verdict on the charges of falsification of business records against the former president.

“KANGAROO COURT! A CORRUPT AND CONFLICTED JUDGE. RELIANCE ON COUNSEL (ADVISE OF COUNSEL) NOT ALLOWED BY MERCHAN, A FIRST,” Trump wrote on Truth Social. 

NY V. TRUMP: JUDGE MERCHAN TO PRESENT JURY WITH INSTRUCTIONS AHEAD OF DELIBERATIONS

Former President Trump unleashed a social media firestorm ahead of jury deliberations beginning in his New York trial. (Donald Trump/Truth Social)

“HIS RULINGS, ON A CASE THAT SHOULD, ACCORDING TO ALL LEGAL SCHOLARS AND EXPERTS, NEVER HAVE BEEN BROUGHT, HAVE MADE THIS A BIDEN PUSHED WITCH HUNT. THERE WAS NO CRIME, EXCEPT FOR THE BUM THAT GOT CAUGHT STEALING FROM ME! IN GOD WE TRUST!” he wrote.

Trump later posted various statements from commentators defending him over the case, and a post railing against the gag order imposed on him by Merchan.

“THE D.A.’s OFFICE WAS ALLOWED TO GO ON WITH 5 HOURS OF BULL…. YESTERDAY. I have no rights against this Crooked Judge’s Gag Order!” he wrote.

NY V TRUMP: DEFENSE SAYS PROSECUTORS ‘DID NOT MEET THE BURDEN OF PROOF,’ FORMER PRESIDENT IS ‘INNOCENT’

Republican presidential candidate former President Trump attends his criminal trial at the New York State Supreme Court in New York City on Wednesday. (Doug Mills/Pool via Reuters)

Manhattan District Attorney Alvin Bragg charged Trump with 34 counts of falsifying business records in the first degree. Trump has pleaded not guilty to all counts. 

The jury instructions came after a full day of closing arguments were delivered by New York prosecutors and Trump defense attorneys. 

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Prosecutors needed to prove beyond a reasonable doubt that Trump falsified records 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. The former president has maintained his innocence.

Fox News’ Brooke Singman contributed to this report.

A New York jury will continue deliberations for a second day Thursday in the historic and unprecedented criminal trial of former President Trump. 

Judge Juan Merchan delivered jurors instructions to consider charges brought against the former president and presumptive Republican presidential nominee. 

Merchan on Wednesday afternoon instructed the jury not to discuss or research the case. 

Manhattan District Attorney Alvin Bragg charged Trump with 34 counts of falsifying business records in the first degree. Trump has pleaded not guilty to all counts. 

NY V. TRUMP: DEFENSE SAYS PROSECUTORS ‘DID NOT MEET THE BURDEN OF PROOF,’ FORMER PRESIDENT IS ‘INNOCENT’

Former President Trump gestures while returning from a break during his hush money trial at Manhattan Criminal Court May 28, 2024, in New York City. (Getty)

Court resumes at 9:30 a.m. Thursday. 

During deliberations Wednesday, the jury sent two notes to the judge, including a request to hear his instructions again about how to consider evidence. 

The jury also asked to hear testimony again from former American Media, Inc. CEO David Pecker and ex-Trump attorney Michael Cohen. 

Merchan said the court was still looking to locate the requested testimony. Merchan estimated it would take approximately 30 minutes to read back. 

Former President Trump, flanked by attorneys Todd Blanche and Emil Bove, arrives for his criminal trial at Manhattan Criminal Court in New York, N.Y., Wednesday, May 29, 2024. (Jabin Botsford/Pool via Reuters)

The jury can decide if it wants to stay until 6 p.m. Thursday evening to continue its deliberations, if necessary. 

Trump spoke to reporters after the first day of deliberations. 

NY V. TRUMP: PROSECUTION SAYS THEY HAVE PRESENTED ‘POWERFUL EVIDENCE’ AGAINST FORMER PRESIDENT

“You have a very, very — I mean — what is very unfair is that I’m not campaigning. In this room all day long, from morning to night in the Biden witch hunt,” Trump said.

Trump lamented “a lot of key witnesses” were not called by the prosecution he says should have been. He didn’t name names due to his gag order.

Former President Trump, a Republican presidential candidate, attends his criminal trial at the New York State Supreme Court in New York, N.Y., Wednesday, May, 29, 2024.  (Doug Mills/Pool via Reuters)

“Because of the gag order, I won’t go down into individual names, but you have a lot of big players, very big players that would have solved their problem or actually would have given us the win. We already have the win. … If we had a fair judge, this case would have been over a long time ago,” Trump said.

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“The other thing, the confusion is nobody knows what the crime is because there’s no crime. Nobody knows what the crime is. The DA didn’t name the crime. They don’t know what the crime is. That’s what the problem is. It’s a disgrace.

“This thing ought to be ended immediately. The judge ought to end it and save his reputation.”

The sound of laughter was revealing.

Inside the media room at the hush money trial, say those who were there, many of the reporters openly chuckled when the prosecutor took jabs at Donald Trump. They found that quite amusing.

For all the craziness surrounding the first criminal trial of a former president, the closing arguments – and the judge’s confusing instructions – packed some surprises. Now the media’s biggest challenge is filling air time and column inches – let’s bring in ex-jurors from other cases! – while waiting for the seven men and five women to deliver a verdict.

TRUMP STRATEGY: HITTING BLUE AREAS, COURTING MINORITIES AND UNFRIENDLY AUDIENCES

The consensus of those who were there is that Trump lawyer Todd Blanche, who has little experience in such cases, spoke in a monotone EXCEPT FOR OCCASIONALLY RAISING HIS VOICE. At least his summation lasted only three hours.

Josh Steinglass of the Manhattan D.A.’s officer was far more passionate and animated, but he spoke for an eye-glazing five hours. Who on earth thought that was a smart idea? The jurors clearly lost focus as he got into the weeds of calls and emails, then repeated much of it, and kept them there until 8 p.m.   

How much information is the jury supposed to absorb?

Former President Donald Trump leaves Trump Tower on his way to Manhattan criminal court, Monday, April 15, 2024, in New York. (AP Photo/Yuki Iwamura)

That was equally true yesterday as Judge Juan Merchan spent an hour on the crucial jury instructions that only lawyers could love.

If someone testified falsely, you can disregard his entire account.

Michael Cohen, whose credibility was savaged by the defense, is an “accomplice.”

IT FEELS ‘HORRIBLE’ WAITING FOR JURY TO DELIBERATE: CRIMINAL DEFENSE ATTORNEY

The jury can’t convict on Cohen’s word alone, but can use his testimony if it’s corroborated with other evidence.

The extent of the defendant’s participation doesn’t matter as long as there’s a “general intent to defraud.” Ah, but intent does not require premeditation.

The defendant must be found to have falsified business records or caused them to be falsified.

Former President Trump sits in the courtroom during his hush money trial at Manhattan Criminal Court on May 21, 2024, in New York City.  (Michael M. Santiago/Getty Images)

As long as the jury agrees on the facts, they can use different reasoning, whether it applies to, say, election fraud or taxes. 

And the mystery crime that supposedly boosts this into felony territory? A violation of New York election law, about which we’d heard almost nothing.

Whew. Got that?

JUDGE MERCHAN ‘MUDDIED UP THE WATERS’ TO TRY AND MAKE TRUMP TRIAL A ‘VERY COMPLICATED CASE’: JUDGE JEANINE PIRRO

It comes down to the jurors just using their common sense.

Todd Blanche scored some points, such as branding Cohen the GLOAT (Greatest Liar of All Time). But he left several gaping holes.

The defense lawyer began by saying that Trump and Stormy Daniels have repeatedly denied that a sexual encounter took place in 2006. Well, Stormy did lie about it in exchange for the money from Cohen, but she just as obviously now insists there was a hookup, as she testified.

Blanche said the president may have been too busy to focus on the 11 reimbursement checks he signed for Cohen. He argued that there was no email showing a conspiracy – uh, even incompetent criminals who have seen a couple of mob movies know you don’t leave a paper trail.

Blanche said the National Enquirer didn’t engage in catch-and-kill deals with the Trump campaign – of course they did, while the term wasn’t used, and that was confirmed by David Pecker.

The biggest shortcoming: The Trump defense didn’t address the emails, texts, Signal messages and banking records that back up Cohen’s account – because they don’t have an alternative version of events.

Michael Cohen, Donald Trump’s former lawyer and fixer, walks out of a Manhattan courthouse after testifying before a grand jury, in New York, United States on March 15, 2023.  ((Photo by Fatih Aktas/Anadolu Agency via Getty Images))

The prosecution tried to knock down Blanche’s argument that Cohen did legal work for Trump and his wife in 2017 which the president might have thought was legitimate. But Cohen devoted less than 10 hours to that work and, Steinglass said, had spent more time being cross-examined at the trial.

Yes, Cohen lied over the years, Steinglass said, yes he stole from the Trump Organization, but now he’s just a “tour guide” for the evidence. Right.

The prosecutor said Trump’s team had “shamed” Stormy and suggested her story has not changed over the years. Of course it has!

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Steinglass did rebut the argument that there was no panic as the media pursued the porn star after the “Access Hollywood” tape by citing Hope Hicks’ saying they all felt Trump could lose the election.

The most absurd moment for the prosecution came when he hypothetically reenacted a 90-second call in which Cohen claims he both complained about harassing calls from a 14-year-old and discussed the Stormy situation with Trump. Only took 46 seconds! But if you don’t buy that, Steinglass said, maybe Cohen got the date wrong.

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Oh, and who in the Biden campaign thought it was a brilliant idea for Robert De Niro to show up at the courthouse and start slamming Trump?

Jury instructions concluded on Wednesday in the New York City criminal trial against former President Trump after the jury was given several critical directions on how to determine the guilt or innocence of the former president, including one controversial instruction that Fox News Contributor Jonathan Turley called the “coup de grace.”

“Merchan just delivered the coup de grace instruction,” Turley explained. “He said that there is no need to agree on what occurred. They can disagree on what the crime was among the three choices.  Thus, this means that they could split 4-4-4, and he will still treat them as unanimous.”

Judge Juan Merchan also instructed the jury on knowledge of a conspiracy, according to Fox News’ Lydia Hu, who was inside the courtroom on Wednesday. 

“He said, mere knowledge of a conspiracy does not make [the] defendant a co-conspirator. Prosecutors must prove intent,” Hu reported.  “Also, being present with others when they form a conspiracy does not mean that the defendant is a part of the conspiracy.”

COULD VERDICT IN TRUMP CRIMINAL TRIAL UPEND THE PRESIDENTIAL ELECTION?

On Wednesday, Judge Juan Merchan, left, revealed the framework a Manhattan jury will use to consider the charges against former President Trump and reach a verdict. (Getty Images)

Hu reported that the instruction makes former Trump lawyer Michael Cohen’s testimony related to his phone call to Trump advising about the Stormy Daniels NDA issues “very important” because if a juror believes that Cohen was advising Trump of the specific NDA and attempting to get a “sign off” to set up the bank account and LLC that a “juror could maybe find intent on behalf of Trump.”

The jury was told that if they have a question on the law, they should send in a note asking to revise and that the foreperson, the first juror selected, does not need to write the note or even agree.

NY V TRUMP: FORMER PRESIDENT UNLEASHES SOCIAL MEDIA FIRESTORM AHEAD OF JURY DELIBERATION

Tiffany Trump and Eric Trump’s wife Lara sit in the front row next to former President Trump as defense lawyer Todd Blanche presents closing arguments during Trump’s criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City on May 28, 2024 in this courtroom sketch. (REUTERS/Jane Rosenberg )

Judge Merchan told the jury that in order to find the defendant guilty, the prosecutors are required to prove that on or about Feb. 14, 2017, former President Trump personally made or caused a false entry in business enterprise, specifically an invoice from his ex-lawyer Michael Cohen.

Second, jurors must conclude that Trump did so with intent to commit another crime or intent to conceal another crime. That leaves 33 remaining counts, each for falsifying business records.  The only difference between the counts is a different business record or date. The jury can ask to repeat the law in its entirely as many times.

“Merchan has instructed that the first count of falsifying business records in the first degree must show that Trump made or caused a false entry to be made,” Turley reported. “Intent means conscious or purpose to defraud. Intent does not require an intent to defraud any particular person or entry but a general intent to defraud.”

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Michael Cohen is questioned by prosecutor Susan Hoffinger on re-direct during former President Trump’s criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City on May 20, 2024 in this courtroom sketch. (REUTERS/Jane Rosenberg )

Turley continued, “Merchan said that the crime being committed was the NY election law by ‘unlawful means.’ However, that ‘unlawful means’ is shown when there is a showing of intent to cause actions or the performance of conduct.”

The jurors will not be allowed to leave the jury room during deliberations and will have to give their cell phones to a court officer. Jurors can only discuss the case among themselves and can only deliberate when they are all gathered in the jury room.

Jurors were instructed to work until 4:30 p.m.

Trump has pleaded not guilty to 34 counts of falsifying business records linked to alleged hush money payments to Stormy Daniels before the 2016 election.

Fox News’ Maria Paronich, Lydia Hu, and Shannon Bream contributed to this report.

Former President Trump vowed he would win the 2024 presidential election as the jury in the NY v. Trump case on Wednesday began deliberations regarding charges the 45th president says “Mother Teresa could not beat.”

“The judge, who, as you know, is very conflicted and corrupt. Because of the confliction, very, very corrupt. Mother Teresa could not beat these charges. These charges are rigged. The whole thing is rigged,” Trump said late Wednesday morning as jury deliberations kicked off. 

“The whole country is a mess, between the borders and fake elections, and you have a trial like this where the judge is so conflicted, he can’t breathe. He’s got to do his job. … it’s a disgrace. And I mean that, Mother Teresa could not beat those charges. But we’ll see. We’ll see how we do.” 

The jury began deliberations before noon on Wednesday after a lengthy day in court on Tuesday, when they heard closing arguments from both the defense team and a lengthy closing argument from the district attorney’s office. 

ROBERT DE NIRO CLAIMS TRUMP ‘COULD DESTROY THE WORLD’ OUTSIDE MANHATTAN COURT

Former President Trump attends his criminal trial at the New York State Supreme Court in New York City on Wednesday. (Doug Mills/Pool via Reuters)

Trump is facing 34 counts of falsifying business records. Prosecutors worked to prove that Trump falsified business records to conceal a $130,000 payment to former porn star Stormy Daniels ahead of the 2016 election to quiet her claims of an alleged affair with Trump in 2006. 

Trump continued in his comments Wednesday that he will win the 2024 election despite the trial. 

In this courtroom sketch, former President Trump listens next to his daughter Tiffany Trump as defense lawyer Todd Blanche presents closing arguments in Manhattan Criminal Court in New York City on Tuesday. (Reuters/Jane Rosenberg )

“We’re going to win this election. Nov. 5 is going to be the most important day in the history of our country. We’re going to take back our country from these fascists and these thugs that are destroying us with inflation and with everything they do. How stupid they are — allowing 15, 16, 17 million people into our country. Totally unvetted, totally unchecked. We’re going to bring back our nation Nov. 5. Remember the most important day in the history of our country. In the meantime, this trial is rigged,” he said. 

TRUMP PREVIEWS CLOSING ARGUMENTS IN ‘SHAM TRIAL’: ‘VERY DANGEROUS DAY FOR AMERICA’

Defense attorneys for Trump told the jury Tuesday that he is innocent and did not commit any crimes, adding that Manhattan District Attorney Alvin Bragg “did not meet the burden of proof. Period.” 

Manhattan District Attorney Alvin Bragg, right, speaks during a press conference on Feb. 8. (Barry Williams for NY Daily News via Getty Images)

“President Trump is innocent. He did not commit any crimes. The district attorney did not meet the burden of proof. Period,” Trump attorney Todd Blanche said. 

Prosecutor Joshua Steinglass made a more than five-hour closing argument Tuesday that lasted until 8 p.m., telling the jury that his office had presented “powerful” evidence against Trump. 

Former President Trump speaks to the media on May 13. (Seth Wenig/Pool/AFP via Getty Images)

“The name of the game was concealment and all roads lead inescapably to the man who benefited the most: the defendant, former President Donald Trump,” Steinglass said.

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Amid the prosecution team’s lengthy closing arguments, Trump posted to Truth Social a one-word summation of the court proceedings: “BORING!”

Fox News Digital’s Brooke Singman contributed to this report. 

Former President Trump’s New York criminal trial is nearing its end as the jury deliberates Wednesday, but the proceedings have been a roller coaster for weeks.

The trial began April 15, and the former president has railed against the prosecutors, Judge Juan Merchan and some of the witnesses throughout the process. Here are some of the biggest moments over the past few weeks.

Michael Cohen admits to stealing from the Trump Org

Ex-lawyer Michael Cohen was the “star witness” for the prosecution, testifying that he had been the middleman for hush money payments from Trump to adult film actress Stormy Daniels.

Ex-lawyer Michael Cohen was the “star witness” for the prosecution, testifying that he had been the middleman for hush money payments from Trump to pornography actress Stormy Daniels. (Timothy A. Clary/AFP via Getty Images)

Cohen admitted in testimony on May 20 that he stole thousands of dollars from the Trump Organization by overstating how much he paid a tech company that provided services for the Trump Organization.

ROBERT DE NIRO CLAIMS TRUMP ‘COULD DESTROY THE WORLD’ OUTSIDE MANHATTAN COURT

“You stole from the Trump Org, right?” Trump attorney Todd Blanche asked Cohen.

“Yes, sir,” Cohen responded.

The testimony stems from his comments earlier in the trial, when he detailed to the court that he and former Trump Organization CFO Allen Weisselberg calculated a $420,000 repayment to Cohen for his $130,000 payment to Daniels. The payment to Daniels came ahead of the 2016 election to quiet her claims of an alleged affair with Trump in 2006. 

Cohen previously testified that the repayment was “grossed up” to prevent him from taking a tax hit, and also included reimbursement for paying tech company Red Finch an alleged $50,000.

NY V TRUMP: AS ‘STAR WITNESS’ MICHAEL COHEN TESTIFIES, TRUMP ALLIES FLOCK TO COURT TO ‘SUPPORT THEIR FRIEND’

Cohen testified Monday that he went to TD Bank and withdrew cash over a couple of days to pay Red Finch for its services, and stored the money in a brown paper bag. The cash ultimately totaled about $20,000, which he gave to Red Finch’s CEO, according to Cohen, but he said he never gave the company the full $50,000. 

During a 2017 meeting on the repayment plan, Cohen said, he told Weisselberg he paid Red Finch $50,000 – meaning he pocketed the $30,000 difference.

Stormy Daniels’ testimony backfires

Daniels testified earlier in the trial about her affair with Trump, telling the court that he paid her off to keep quiet.

Her testimony went into vulgar detail about her interactions with Trump, and many commentators – even those critical of the former president – thought it was a disaster for the prosecution.

“The View” co-host Alyssa Farah Griffin, a former Trump aide who is now a strong critic, also questioned Daniels’ credibility.

“I actually don’t believe she needed to go into salacious detail. I would have liked to hear from Stormy, who is a mom, who wants to live a private life, wants to put this behind her, has been exploited by countless men in her life,” Griffin said. “She was there under subpoena just to confirm what she is able to.”

Daniels testified earlier in the trial about her affair with Trump, telling the court that he paid her off to keep quiet. (Jacek Boczarski/Anadolu Agency via Getty Images)

CNN senior legal analyst Elie Honig offered his own opinion about Daniels taking the stand. Honig claimed that cross-examination by Trump’s team had successfully brought up the topic of her credibility.

TRUMP PREVIEWS CLOSING ARGUMENTS IN ‘SHAM TRIAL’: ‘VERY DANGEROUS DAY FOR AMERICA’

“Her responses were disastrous,” Honig said, referring also to the moment when Daniels said she hated Trump.

“When the witness hates the person whose liberty is at stake, that’s a big damn deal!” Honig said. “And she’s putting out tweets, fantasizing about him being in jail. That really undermines the credibility.”

Judge threatens Trump with jail time over gag order

Much of the drama in the trial has centered on Judge Juan Merchan’s gag order against Trump, which prevents the former president from criticizing witnesses.

Merchan sided with prosecutors when they accused him of violating the gag order multiple times. The judge fined Trump $9,000 – $1,000 for each violation – and warned him that further violations could result in jail time.

Trump speaks to the media on May 13. (Seth Wenig/Pool/AFP via Getty Images)

The judge detailed that if Trump carries out “continued willful violations” of the gag order, he could face “incarceratory punishment” if “necessary and appropriate.”

Trump attorneys argue the gag order is a violation of the former president’s First Amendment rights. District Attorney Alvin Bragg and his office alleged Trump violated the order at least 14 times. The gag order was imposed on Trump on April 1.

NY V. TRUMP: JUDGE MERCHAN TO PRESENT JURY WITH INSTRUCTIONS AHEAD OF DELIBERATIONS

Trump complained about the gag order nearly every time he spoke to the press outside the courtroom.

Judge shuts down Trump’s motion for a mistrial

Trump’s defense attorneys moved for a mistrial amid Daniels’ testimony, arguing it had been prejudicial.

Merchan said a mistrial was not warranted and that he was doing everything he could to control the witness, including once objecting to Daniels’ testimony himself.

“I agree that it would have been better if some of these things had been left unsaid,” Merchan said at the time.

Trump’s defense attorneys moved for a mistrial amid Daniels’ testimony earlier this month, arguing it had been prejudicial. (Jabin Botsford/Pool via Reuters)

Blanche argued the prosecution was trying to inflame the jury with Daniels’ testimony, including with evidence that he said does not matter. Blanche said it is prejudicial testimony and evidence, saying Daniels has been trying to sell her story about an alleged consensual sexual encounter since 2016.

“We believe there should be a mistrial,” he said, “or that this witness’ testimony is excluded and extremely limited.”

Blanche said Daniels’ lurid and explosive testimony “has nothing to do with this case” and is “totally irrelevant.”

Biden campaign sends Robert De Niro to Trump’s trial

Actor Robert De Niro crashed Trump’s trial in an appearance with President Biden’s campaign outside the Manhattan courtroom on Tuesday.

De Niro railed against Trump, arguing he would destroy the country if he gains office in 2024.

De Niro was heckled by Trump supporters as he was leaving the podium after giving his remarks. He even got into a shouting match with one man in a MAGA hat who called him a “washed up” actor.

ROBERT DE NIRO’S ‘OVER-THE-TOP’ TIRADE WAS A ‘STUPID MISTAKE’ BY THE BIDEN CAMPAIGN: KARL ROVE

Former President Trump ridiculed Robert De Niro as “pathetic” and a “wacko” after the liberal actor’s chaotic conference on Tuesday outside a Manhattan courthouse was widely derided. (Getty Images)

“De Niro being chased out of his own press conference is epic,” one Trump supporter wrote on X. Another added, “New Yorkers hate him! This didn’t go the way he thought it would.”

The Biden campaign event was mocked as a joke by many commentators on the right.

“It was beautiful!” Juanita Broaddrick added on X. “De Niro’s TDS has metastasized to his brain. He has dual citizenship in Italy. He can move there after November.”

Trump campaign senior adviser Steven Cheung called the Biden camp’s press conference “election interference of the highest order.” 

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“Crooked Joe Biden and his campaign are in complete freakout mode,” he added.

De Niro was joined by the Biden campaign’s communications director, Michael Tyler – who called Trump a “chaos agent” – as well as retired D.C. Metropolitan Police Department Officer Michael Fanone and former Capitol Police Officer Harry Dunn, who were both present at the Capitol during the Jan. 6 riot.

Fox News’ Emma Colton, Brooke Singman and Hanna Panreck contributed to this report.

West Virginia Democrats sought to push back on rumors this week that outgoing Sen. Joe Manchin, who was expected to retire, might be mounting a surprise campaign for governor.

The conjecture intensified after Manchin was reportedly bombarded by people urging him to run at an event at the Greenbrier resort in White Sulphur Springs, according to WVMetroNews. The Greenbrier is notably owned by the state’s current governor, Democrat-turned-Republican Jim Justice, who is term-limited and now is the GOP’s Senate nominee to replace Manchin.

“The talk about the possibility of Joe Manchin running for West Virginia governor again is real,” wrote Hoppy Kercheval, a news anchor and one of the state’s most recognizable media figures.

Any Manchin run would be complicated by the fact the state’s primaries have already ended, with Huntington Mayor Steve Williams the current Democratic nominee.

MANCHIN ON 2024 PROSPECTS: I’D NEVER BE A SPOILER

Sen. Joe Manchin, D-W.Va. (Samuel Corum/Getty Images)

The senator also only has a few days to make any decision, according to state officials who contradicted reports Manchin would have to take Williams’ place as the Democratic nominee — or be able to run against the mayor of the state’s second-largest city.

Manchin, who previously served as governor from 2005 to 2010 before winning the seat of the deceased Robert C. Byrd, D-W.Va., would have to leave the Democratic Party to do so, an official in the West Virginia secretary of state’s office told Fox News Digital.

The official said it is too late for Manchin to run as either a Republican, Democrat, Libertarian or member of the state’s Mountain Party — and that the deadline is essentially June 1 for anyone else seeking office this year.

Unaffiliated candidates are able to gain ballot access for the November election by gathering signatures from any party’s voters and filing them along with a certificate of announcement by Aug. 1. But, the candidate may not have been a member of a recognized party within 60 days of that filing, which would be June 1, at the latest.

ILHAN OMAR ATTACKING MANCHIN PROVES HE’S RIGHT: PETER KING

A West Virginia welcome sign greets travelers leaving the East River Mountain Tunnel on Interstate 77 near Princeton, West Virginia. (Fox News/Charles Creitz)

Attempts to reach West Virginia Republican Party Chairman Matt Herridge on the matter were unsuccessful, but in comments to WVMetroNews, Herridge said the party is “united squarely behind” the Republican gubernatorial nominee, state Attorney General Patrick Morrisey.

However, state Del. Mike Pushkin — the chairman of the state’s Democratic Party — rejected any claims Manchin is going to launch a surprise bid and instead said much of the conjecture comes from Republicans unhappy with Morrisey as their nominee.

“Over two-thirds of Republicans voted for somebody else,” he said of the GOP gubernatorial primary between Morrisey, who positioned himself to the right of the other major GOP candidate, state Del. Moore Capito — the son of Manchin’s colleague Sen. Shelley Moore Capito, R-W.V. 

“Sen. Manchin isn’t running. We have a nominee who is Mayor Steve Williams and I think when some of our Republican friends and independent friends take a look at Williams’ record, there will be a lot to support,” Pushkin said.

Pushkin said despite political headwinds, he is confident Williams is the right nominee, irrespective of pressure on the more-recognizable Manchin. He said Huntington was bankrupt and police were underpaid until Williams was elected, adding that the mayor also did not raise taxes.

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With Manchin retiring from the Senate either way, Pushkin said the senator’s potential Democratic successor, Wheeling Mayor Glenn Elliott, also has a “great story to tell” about his time as mayor of the city just west of Pittsburgh, Pennsylvania, and tenure working for Byrd.

In response to the news, an official with the Republican Governors Association said Republican voters spoke loud and clear in selecting Morrisey as the nominee.

“There is only one conservative candidate on the ballot who will stand up to the Biden administration’s disastrous agenda and deliver results for West Virginia families and no amount of wish-casting by anonymous sources will change that,” said RGA national press secretary Courtney Alexander.

Manchin’s office did not respond to multiple attempts to procure comment.

President Biden, while drumming up support from Black voters in Philadelphia on Wednesday, said former President Trump wanted to tear gas those who “peacefully protested” George Floyd’s murder in 2020.

Biden and Vice President Kamala Harris appeared at Girard College, a predominantly Black boarding school in Philadelphia, thanking Black voters for helping to clinch presidential victory in November 2020.

During his speech, the president focused on items that his administration worked on to better the lives of Black voters, including the elimination of lead pipes for safer drinking water; the removal of pollution near fenceline communities; affordable high-speed internet; and the protection of the Affordable Health Care Act.

“A promise made, and a promise kept,” Biden said.

2024 REMATCH: TRUMP AIMS TO EXPAND THE MAP IN HIS BATTLE WITH BIDEN

President Joe Biden speaks during a campaign rally at Girard College on Wednesday in Philadelphia. (Andrew Harnik/Getty Images)

As he made his pitch to the room, Biden pulled no punches toward his chief opponent in the presidential election.

Biden told the crowd that Trump called Jan. 6 rioters patriots and that he wants to pardon every one of them.

“Let me ask you: What do you think [Trump] would have done on Jan. 6, if Black Americans had stormed [the Capitol],” Biden asked. “I don’t think he’d be talking about pardons. This is the same guy who wanted to tear gas you as you peacefully protested George Floyd’s murder.”

Trump’s campaign did not immediately respond to requests for comment from Fox News Digital.

TRUMP AHEAD OF BIDEN IN THESE KEY SWING STATES: POLL

Smoke rises from a fire on a police cruiser, May 30, 2020, in Philadelphia, during riots that erupted after the killing of George Floyd by police in Minneapolis.  (AP Photo/Matt Rourke/File)

In May 2020, public protests and demonstrations in Philadelphia in response to the death of Floyd and against alleged police brutality started out as peaceful assemblies before turning violent.

The violence involved defacing an iconic statue of famed former Philadelphia Mayor Frank Rizzo, demonstrators climbing atop glass fixtures near the SEPTA subway entrance, and at least a dozen storefronts along the popular Chestnut and Walnut street corridors getting looted or defaced.

Several Philadelphia Police Department vehicles were reportedly set ablaze in the vicinity — as well as a Pennsylvania State Police cruiser — and a Starbucks was seen engulfed in flames on Dilworth Plaza, which sits along the west rampart of City Hall.

FIRST LADY JILL BIDEN WARNS ‘THE VIEW’ WE WILL LOSE ALL OF OUR RIGHTS’ IF TRUMP GETS ANOTHER SCOTUS JUDGE

An undated photo of George Floyd, who died May 25, 2020, after Minneapolis Police Officer Derek Chauvin knelt on his neck outside a convenience store where Floyd tried to pass a counterfeit $20 bill. (Christopher Harris via AP/File)

Police officers ultimately equipped themselves in riot gear before reportedly confronting a crowd near the Municipal Services Building at 16th and Arch streets. The officers were said to have pressed the crowd back as they threw projectiles, and tried to push through the police line by using a fence.

As a result of the initial night of protests, over a dozen police officers were injured and a mandatory curfew was put in place.

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The White House did not immediately respond to inquiries from Fox News Digital seeking clarification on Biden’s remarks about the protests being peaceful.

Protests and riots broke out across the nation in the spring and summer of 2020, after Floyd, 46, died in Minneapolis police custody.

Fox News Digital’s Brooke Singman contributed to this report.

FIRST ON FOX: The dates for closed-door interviews with top university presidents have been announced as House Republicans continue to probe antisemitism at educational institutions across the country. 

Two university leaders were provided notice by the House Committee on Education and the Workforce on Wednesday of upcoming transcribed interviews that will be closed to the press. 

Yale University President Dr. Peter Salovey is set to speak with the committee in a closed-to-press interview on June 20 at 10:30 a.m., and University of Michigan President Dr. Santa J. Ono is scheduled to appear for his own private interview on Aug. 9 at 10 a.m. 

GOP SEN CALLS FOR CRIMINAL INVESTIGATION INTO TRUMP TRIAL JUDGE OVER GAG ORDERS

Rep. Virginia Foxx, R-N.C., announced the dates and times for closed interviews with Yale and University of Michigan presidents regarding antisemitism.  (Getty Images)

In a statement to Fox News Digital, Committee Chairwoman Virginia Foxx, R-N.C., said, “The Committee has identified patterns of antisemitism on Yale’s and Michigan’s campuses and a general failure by these universities to protect Jewish students that must be addressed. Presidents Salovey and Ono will be required to appear before the committee for transcribed interviews and answer questions on their records.”

BIDEN ADMIN QUESTIONED OVER ABORTION PILL PUSH WITHOUT PROPER ENVIRONMENTAL STUDY

Several university presidents have already appeared before Congress. (Getty Images)

“Questioning will be conducted by counsel(s) and/or Committee staff designated by the Chair and Ranking Member, respectively. The Majority and the Minority will question you in alternating, hour-long rounds, beginning with Majority staff, until neither side has remaining questions,” she wrote in letters to the leaders on Wednesday. 

“We have received the letter and President Santa J. Ono will appear for the transcribed interview,” said Colleen Mastony, spokesperson for the University of Michigan, in a statement. 

A spokesperson for Yale University told Fox News Digital, “We are committed to cooperate with the committee.”

The presidents of Northwestern University, Rutgers University and the University of California, Los Angeles testified in front of the committee earlier this month during a hearing titled, “Calling for Accountability: Stopping Antisemitic College Chaos.” 

BIDEN WHITE HOUSE REJECTS ICC SANCTIONS PROPOSED BY LAWMAKERS AFTER ISRAEL WARRANT REQUESTS

Hundreds of students protest outside the Palestine Solidarity Encampment on the campus of UCLA in Los Angeles on May 1. (Keith Birmingham/MediaNews Group/Pasadena Star-News via Getty Images)

The hearing came only weeks after a high-profile pro-Palestine encampment dispersed at Columbia University and as schools across the country still struggled with their own demonstrations, which also included incidents of antisemitism. 

The Michigan and Yale presidents were originally slated to appear at the same hearing. 

‘TOO LATE’: TRUMP BACKS CHALLENGER TO FREEDOM CAUCUS CHAIR DESPITE RECEIVING PRIOR ENDORSEMENT

Rep. Virginia Foxx, R-N.C., Chairwoman of the House Committee on Education and the Workforce, is leading an investigation into campus antisemitism. (Getty Images)

The outbreak of antisemitism on college campuses has correlated with the onset of the war between Israel and the terrorist group Hamas in Gaza, which began in October 2023 after the group murdered Israeli civilians and took hostages in a surprise attack. 

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Since then, antisemitic incidents across the country have skyrocketed. In the first three months following the Hamas terrorist attack, more antisemitic incidents occurred than during the entirety of each year between 2013 and 2021, with the exception of 2022, according to the Anti-Defamation League’s data. The number of incidents in those three months represented a 361% increase from the same period in 2022, during which 712 incidents occurred. 

Requests seeking comment from the University of Michigan went unanswered at press time.

Around 40 Arab-American leaders in the key swing state of Michigan came together with two top Trumpworld figures as the presumptive Republican nominee and President Biden both seek its delegate prize in November.

The Trump campaign told Fox News Digital the meet-up — which featured Michael Boulos and former Director of National Intelligence Ric Grenell — was not organized by the campaign.

Boulos, son of Lebanese billionaire Massad Boulos, is married to Tiffany Trump. The elder Boulos was also in attendance, according to published reports.

The meeting took place at an Italian restaurant in the Detroit suburb of Troy, according to the Detroit Free Press, which counted Syrian-American physician Dr. Yahya Basha among its attendees. 

Basha voted for Biden, donated to his 2020 bid and kept a photo of him in his office, but last week he helped organize Boulos and Grenell’s dinner instead, according to the paper, which quoted him as calling the meeting “positive” and a “first step in the right direction.”

Another attendee said Trump’s “Abraham Accords” Mideast peace deal was a noted topic of conversation and well-received by the group.

DEARBORN ‘UNCOMMITTEDS’ PLAN TO MAKE ‘EXAMPLE’ OF BIDEN, TURN PARTY AGAINST JEWISH STATE

When asked about the meeting, a spokesperson for the Trump campaign said that although it was not an official event, they will continue to communicate to Arab-American voters about Trump’s successes in the Middle East and policies that “brought that region historic levels of peace and stability.”

“We understand supporters of President Trump had a meeting in Michigan. While the meeting was not requested on behalf of the campaign, we share the belief that Biden’s failed Middle East policies have brought death, chaos and war to the region,” Brian Hughes, the campaign representative, told Fox News Digital.

“That failure led tens of thousands of Democrats to vote ‘uncommitted’ in Michigan’s recent primary.”

Reports of another meeting on May 17 between Arab American groups and Secretary of State Antony Blinken at Foggy Bottom “wasn’t positive,” according to the Detroit paper.

In a statement about the meeting obtained by New York City broadcaster NY1, Biden campaign rapid response director Ammar Moussa called Trump the biggest threat to the Muslim and Arab community.”

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Moussa told the outlet Biden, by contrast, is “working tirelessly towards a just and lasting peace.”

Biden’s conundrum in Michigan was described earlier this year by Rep. Hillary Scholten, D-Mich., to Politico as “an impossible situation,” as the president tries to balance seeking support from moderate and union Democrats while not alienating progressives and the state’s large Muslim and Arab populations.

His headwinds from flipping the state back to the Democrats’ column in 2020 have been buffeted as of late by the more than 100,000 Democratic voters who voted “uncommitted” in the party’s February primary.

The president has been criticized by the state’s sizable Muslim population over his handling of the Israel-Palestinian conflict, as prominent Michigan Rep. Rashida Tlaib — who is of Palestinian descent — branded him an “enabler of genocide” over the matter.

Fox News Digital reached out to the Biden campaign for official comment for purposes of this story.

Trump, meanwhile, seeks to win back the support of the Great Lakes state, a feat he accomplished in 2016 when he became the first Republican since George H.W. Bush to do so.

Judge Juan Merchan can “save his reputation” if he dismisses the NY v. Trump case, former President Donald Trump said in remarks Wednesday outside of the Manhattan courtroom. 

“The confusion is nobody knows what the crime is because there’s no crime. Nobody knows what the crime is. The D.A. didn’t name the crime of the moment. They don’t know what the crime is. That’s what the problem is. It’s a disgrace. This thing ought to be ended immediately. The judge ought to end it and save his reputation,” Trump said Wednesday evening. 

Trump’s comments came after jury deliberations began Wednesday. 

Since deliberations began, the jury sent Merchan two notes, including asking to rehear his instructions. In New York criminal cases, juries are not allowed to receive copies of jury instructions or witness transcripts. 

TRUMP SAYS JUDGE MERCHAN HAS WAY TO GAIN BACK ‘RESPECT’ DESPITE PRESIDING OVER ‘WITCH HUNT’ TRIAL

Republican presidential candidate, former U.S. President Donald Trump attends his criminal trial at the New York State Supreme Court in New York, New York, Wednesday, May, 29, 2024.  (Doug Mills/Pool via REUTERS)

Trump is facing 34 counts of falsifying business records. Prosecutors worked to prove that Trump falsified business records to conceal a $130,000 payment to former pornographic star Stormy Daniels ahead of the 2016 election to quiet her claims of an alleged affair with Trump in 2006. 

“The judge, who, as you know, is very conflicted and corrupt. Because of the confliction, very, very corrupt. Mother Teresa could not beat these charges. These charges are rigged. The whole thing is rigged,” Trump said late Wednesday morning as jury deliberations kicked off. 

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

Judge Juan M. Merchan poses in his chambers in New York, March 14, 2024. The testimony in Donald Trump’s hush money trial is all wrapped up after more than four weeks and nearly two dozen witnesses, meaning the case heads into the pivotal final stretch of closing arguments, jury deliberations and possibly a verdict. Merchan is expected to spend about an hour instructing the jury on the law governing the case, providing a roadmap for what it can and cannot take into account as it evaluates Trump’s guilt or innocence.  (AP Photo/Seth Wenig, File)

“The whole country is a mess, between the borders and fake elections, and you have a trial like this where the judge is so conflicted, he can’t breathe. He’s got to do his job. … it’s a disgrace. And I mean that, Mother Teresa could not beat those charges. But we’ll see. We’ll see how we do.” 

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

Trump has repeatedly called on Merchan to recuse himself as well as dismiss the case, including last week when he said Merchan could “gain back respect” if he dismissed the case. 

Former U.S. President Donald Trump looks on as Rhona Graff testifies during Trump’s criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, U.S. April 26, 2024, in this courtroom sketch. (REUTERS/Jane Rosenberg)

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

“This case should be dropped by the judge. I think the judge, if he did, that … could gain the respect back. The appellate court has to step in, something has to happen. Think of it, the Republican Party, one of the two great parties, nominates somebody to be their candidate. And that candidate now has been sitting here for almost five weeks in a freezing cold icebox listening to this stuff,” Trump said last Monday. 

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Court will continue Thursday morning at 9:30, when Merchan will again address jury instructions, followed by the jury resuming deliberations.

New York City – Bystanders outside former President Trump’s criminal trial on Wednesday spoke to Fox News Digital and blasted what they said is a political prosecution of the former president and chief political rival of President Biden.

“This thing is damaging to the American legal system for decades to come,” a man outside the courtroom told Fox News Digital. “The political use of the courts. Listen, on this level, it’s dreadful… never mind Trump, it’s damaging to the country.”

When asked if he thought the trial was politically motivated, the man scoffed in agreement and said, “It’s also economically motivated.”

“Let’s do it fair, let’s lay out the deck of cards, if Biden is scared to lay down the deck of cards and ask what happened with the cocaine in the White House, the people still want to know… why CNN aint publicize that, why?” 

Another man wearing a New York Yankees cap told Fox News Digital, “Why they ain’t making no news about it? It’s not about being a racist, you know I was a Democrat for long [time], but I had to research and start seeing things and I started to come to a clear perception and said, ‘Nah, Donald Trump is right.’”

COULD VERDICT IN TRUMP CRIMINAL TRIAL UPEND THE PRESIDENTIAL ELECTION?

Trump supporters outside New York City courtroom. (Fox News Digital)

“You don’t have to agree with him about everything but one thing you can say… he  love to take care of the people, he love people,” the man added.

“Because he’s doing everything for us,” a woman outside the courtroom told Fox News Digital when asked why she believes Trump is a “good president.”

Another man told Fox News Digital he thinks Democrats are “desperate” and “losing their s—.”

NY V TRUMP: FORMER PRESIDENT UNLEASHES SOCIAL MEDIA FIRESTORM AHEAD OF JURY DELIBERATION

Former President Trump sits in court before jury deliberations for his criminal trial at Manhattan Criminal Court on May 29, 2024. (Jabin Botsford/Pool via USA Today Network)

“They’re losing their composure and they’re just so scared that he might be elected they’re just losing their stuff totally,” the man, who was holding an American flag, added.

When asked what the outcome of the trial will be, the man said, “His ratings will go up, we have a Constitution, so sooner or later, whatever at first happens will be overturned, so thank God we’re a constitutional republic.”

The man said he “wouldn’t be surprised” if Trump was convicted in the New York City case, but the “consensus seems to be a hung jury.” 

“It shows that it’s fragile,” the man said about how this trial reflects the criminal justice system in the United States. “Half the country doesn’t realize that we have a constitutional republic, and they think that the quote ‘majority’ should make the laws and that’s not the way it works. The Constitution supersedes the majority.”

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A man stands outside a New York courtroom while a jury deliberates charges against former President Trump. (Fox News Digital)

Jurors in the case were handed their final instructions on Wednesday and were sent out to deliberate on Trump’s guilt in the 34 charges against him stemming from allegations he improperly covered up an NDA agreement with porn star Stormy Daniels. Trump has pleaded not guilty on all counts and dismissed the allegations as a political prosecution.

Fox News Digital’s Matteo Cina contributed to this report

Sen. J.D. Vance is demanding a criminal investigation into New York Supreme Court Justice Juan Merchan over his enforcement of gag orders against former President Trump during his trial. 

The Ohio Republican, a strong advocate of the former president, called on Attorney General Merrick Garland to open an investigation into Merchan, specifically for depriving Trump of his First Amendment right to free speech. 

“The public evidence suggests that an investigation is warranted at least. And all indications are that the responsible parties have their sights set, not only on rights protected by the Constitution, but on rightsholders of core federal concern, including the leading candidate for the presidency,” Vance wrote in a letter to Garland. 

BIDEN ADMIN QUESTIONED OVER ABORTION PILL PUSH WITHOUT PROPER ENVIRONMENTAL STUDY

Former President Donald Trump and then-Republican candidate for Senate JD Vance greet supporters during the rally at the Dayton International Airport on Nov. 7, 2022 in Vandalia, Ohio.  ((Photo by Drew Angerer/Getty Images))

He cites two statutes to pursue Merchan under, one which prevents “conspiracies to ‘injure, oppress, threaten, or intimidate’ others in the enjoyment of federally protected rights” and another to prohibit anyone from “willfully [depriving] a person of a right or privilege protected by the Constitution or laws of the United States.” 

BIDEN WHITE HOUSE REJECTS ICC SANCTIONS PROPOSED BY LAWMAKERS AFTER ISRAEL WARRANT REQUESTS

Justice Juan Merchan instructs the jury before deliberations as Republican presidential candidate and former President Donald Trump looks on during his criminal trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, at Manhattan state court in New York City on May 29, 2024 in this courtroom sketch. (REUTERS/Jane Rosenberg)

“On Merchan’s orders, a Republican presidential candidate has been made powerless to question the credibility of the witnesses testifying against him, the motivations of the prosecutors pursuing him, or the impartiality of the apparently conflicted judge fining him,” Vance claimed. 

The Department of Justice did not provide comment to Fox News Digital in time for publication. 

‘TOO LATE’: TRUMP BACKS CHALLENGER TO FREEDOM CAUCUS CHAIR DESPITE RECEIVING PRIOR ENDORSEMENT

Attorney General Merrick Garland speaks during the 36th Annual Candlelight Vigil to honor the law enforcement officers who lost their lives in 2023, in Washington, on May 13, 2024.  (AP Photo/Jose Luis Magana, File)

Vance even suggested that Merchan has deprived Trump of more than just his First Amendment rights. He claimed the judge had tried to prevent the former president from getting an impartial jury. “During jury selection, Merchan refused to dismiss prospective jurors with obvious bias,” he wrote. 

IN NEW TV AD, MARYLAND’S LARRY HOGAN CHARTS POTENTIAL SENATE PATH FORWARD AS CENTRIST

Former President Donald Trump sits in court before jury deliberations for his criminal trial in Manhattan Criminal Court at the New York State Supreme Court on May 29, 2024.   (Jabin Botsford/Pool via USA Today Network)

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Fox News Digital reached out to the New York court system with a request from Merchan’s office but did not immediately receive a response. 

Republicans and Trump have been critical of the prosecution, charges and the presiding judge in the case against the former president, often referring to it as “election interference.”

A Manhattan jury began deliberations Wednesday in former President Trump’s New York criminal trial.

A guilty verdict in the historic case could have far-reaching consequences for the 2024 presidential election and upend criminal case law in New York, while a not guilty verdict would give Trump ammunition in a potential lawsuit for malicious prosecution, legal experts told Fox News Digital.

“It seems this is an all-or-nothing case, assuming arguendo there is a verdict and not a hung jury,” said Trey Gowdy, “Sunday Night in America” host and a former federal prosecutor. 

Manhattan District Attorney Alvin Bragg indicted Trump on 34 felony counts of falsifying business records in the first degree. Trump has pleaded not guilty to all counts. 

LIVE UPDATES: JUDGE MERCHAN PRESENTS JURY WITH INSTRUCTIONS AHEAD OF DELIBERATIONS IN NY V. TRUMP TRIAL

In this courtroom sketch, former President Trump’s children — Tiffany Trump, Donald Trump Jr. and Eric Trump with his wife Lara — sit next to Trump in a front row as defense lawyer Todd Blanche presents closing arguments during Trump’s criminal trial on charges he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016 in Manhattan state court in New York City May 28, 2024. (REUTERS/Jane Rosenberg )

Gowdy, who has been in the New York City courtroom where Trump’s case will be decided, said it was unlikely for the jury to find Trump guilty on some charges but not others. 

“I cannot foresee a verdict with some counts as guilty and others as not. Unless there is a lesser included misdemeanor charge, in which case there perhaps could be a series of convictions for felony and misdemeanor counts,” he said.

Louis Gelormino, a Staten Island defense attorney, agreed that the jury would render the same verdict on all counts “because all the felonies are pretty much the same.” 

“They’re just different instances of the same felony,” he told Fox News Digital. 

NY V. TRUMP: JUDGE MERCHAN TO PRESENT JURY WITH INSTRUCTIONS AHEAD OF DELIBERATIONS

Former President Trump, flanked by attorneys Todd Blanche and Emil Bove, arrives for his criminal trial at Manhattan Criminal Court in New York, N.Y., Wednesday, May 29, 2024. (Jabin Botsford/Pool via REUTERS)

The charges against Trump in New York are related to alleged payments made ahead of the 2016 presidential election to silence adult film star Stormy Daniels about an alleged 2006 extramarital sexual encounter with Trump.

Prosecutors must convince the jury that not only did Trump falsify the business records related to alleged hush money payments, but that he did so in furtherance of another crime, conspiracy to promote or prevent an election. Bragg’s allegation that Trump falsified records to cover up an additional crime elevated to a felony what otherwise would have been misdemeanor charges. 

Gelormino said that in 45 years of practicing criminal law in New York, he and his law partner have never seen a case like this.

“This is the most absurd, obscene case we’ve ever seen anybody try to get convicted of. And for this to be a case against the former president of the United States puts it way over the top,” he said. “Any citizen, anybody, should never be charged with these kind of crimes.” 

NY V. TRUMP: DEFENSE SAYS PROSECUTORS ‘DID NOT MEET THE BURDEN OF PROOF,’ FORMER PRESIDENT IS ‘INNOCENT’

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

If Trump is convicted, he would still be able to run for president. But what that looks like will vary greatly depending on his sentence. An appeal could take months or even years to resolve. And an appellate court would decide whether to stay any sentence or conditions pending an appeal.

Prosecutors will have the option of requesting that presiding Judge Juan Merchan increase Trump’s bail to guarantee his return for the sentencing hearing. This could also include a request for remand, which would place Trump in jail until his sentencing hearing. But legal experts say it is unlikely for a 77-year-old man who has never been convicted of a crime to be sent to jail. 

Gelormino explained that before sentencing, the former president would have to meet with a probation officer for an interview to create a pre-sentencing report for the judge. The report, which can take six to eight weeks to complete, would include a short biography of Trump and a recommended sentence. It would be sent to all parties, and the defense would have an opportunity to suggest its own sentencing terms. Merchan would not be bound by the sentencing report.

The Rikers Island jail complex stands with the Manhattan skyline in the background June 20, 2014, in New York. (AP Photo/Seth Wenig, File)

Probation offices are located throughout New York City, but Gelormino guessed that authorities would make special arrangements for Trump so that a former president is not waiting for hours in a lobby with other convicts. Trump, like any other convict, would have to abide by certain rules as he awaits sentencing, including that he must admit guilt to the probation officer. 

“When my clients have to meet with a probation officer, what the judges will tell you is you have to do three things. You have to stay out of trouble. You have to not get rearrested. And you have to tell the truth to the probation officer,” Gelormino said. “Meaning, they ask you about the incident, and every one of my clients that goes in there, I always tell them, ‘Just say to the probation officer you agree to what’s on the record because you have to admit guilt.'”

If a convict found guilty by a jury of his peers does not admit guilt to the probation officer, Gelormino said, the judge will take that into account as an “aggravating factor” in sentencing.

NY V. TRUMP: PROSECUTION SAYS THEY HAVE PRESENTED ‘POWERFUL EVIDENCE’ AGAINST FORMER PRESIDENT

Former President Trump returns from a lunch break for his hush money trial at Manhattan Criminal Court May 28, 2024, in New York City.  (Julia Nikhinson-Pool/Getty Images)

If Trump is sentenced to prison, New York City Mayor Eric Adams has said the city Department of Corrections and the Rikers Island facility in New York is “ready” to receive him. Asked if Trump would be housed by himself or with the general population, a Department of Corrections spokesman said, “The Department would find appropriate housing for him if he winds up in our custody.” The department did not respond to additional questions.

Trump is entitled to Secret Service protection even if he is sent to prison. It is unclear how the Secret Service would coordinate with the court and correction officers to protect Trump if he is incarcerated. 

“I don’t think anybody knows what that would look like, God forbid that happens,” said Gelormino.

Another option is for Trump to be placed in home confinement at Mar-a-Lago, his Florida residence. New York and Florida officials would have to coordinate, but this would severely restrict Trump’s ability to campaign for the White House, said David Gelman, a criminal defense lawyer and former prosecutor based in New Jersey. 

“A defendant basically cannot leave their residence unless they have to meet with doctors or an attorney. Also, traveling would be off limits as well, which would be a tremendous form of election interference due to the fact President Trump needs to campaign in different states in the country leading up to the election,” Gelman told Fox News Digital. 

The third option is probation. In this case, the probation officer assigned to Trump would exert great power over the 2024 Republican nominee. Trump would have to request permission to travel out of state, for example, which would greatly hinder his ability to campaign. He could also be subject to searches, surprise visits and be forced to attend meetings at any time.

COULD VERDICT IN TRUMP CRIMINAL TRIAL UPEND THE PRESIDENTIAL ELECTION?

Gelormino said there is “absolutely” a risk that a politically-motivated probation officer could abuse his or her power over Trump to keep him from campaigning. 

“Probation officers tend, at least in New York City, … to be Democrats because it’s a position that’s politically motivated at the best of times,” he said. 

Trump has already referred to his New York case as a “witch hunt” led by Democrats and Judge Merchan as a “conflicted” judge in comments to reporters during his trial. Claiming unfair treatment by a probation officer with bad motivations would not be out of character for the GOP nominee.

If Trump wins the election despite his conviction, he will not be able to pardon himself, since this is a state case. How a sitting president of the United States could abide by the terms of his sentence after conviction for state crimes is unprecedented and unknown legal territory.

The other possibilities are that the jury is unable to reach a verdict and the case ends in a mistrial. Gelormino said, in New York, prosecutors typically will move to retry a case within two or three months, unless they can reach an agreement with the defense for a resolution that avoids trial. That outcome seems unlikely given Bragg’s zealous prosecution and Trump’s defiant proclamations of innocence. 

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Former President Trump, center, during a campaign event at Crotona Park in the Bronx, N.Y., Thursday, May 23, 2024.  (Bing Guan/Bloomberg via Getty Images)

If Trump is found not guilty, New York City Councilman Joe Borelli, a Republican, said the president would be wise to move on. Borelli helped the Trump campaign acquire the necessary permits to hold a rally in the Bronx last week that attracted 10,000 people, according to law enforcement. 

“I think he should just forget about it, move on and let his surrogates talk about the criminal prosecutions while he’s doing what we saw him do here in New York, which is actually attracting and expanding his base,” said Borelli. 

However, Gelormino said Trump would have an excellent case to “turn around and sue everybody involved” in the prosecution if he wanted to take the litigious route.  

“I think he’s got a damn good case for malicious prosecution from DA Bragg’s office. And I also think he would bring what’s called an Article 78 proceeding against the judge for malfeasance in his job,” Gelormino said. “I don’t know if that would have as much legs as the malicious prosecution case against the DA. But I’d imagine that, knowing Trump, and knowing how tenacious he is, that he intends to bring something if he is acquitted.” 

Fox News’ Brooke Singman contributed to this report. 

FIRST ON FOX: Bicameral lawmakers are highlighting the Biden administration’s failure to adequately study the environmental impact of the abortion pill, particularly amid the rise in at-home medication abortions. 

“The full impact of mifepristone has never been sufficiently studied,” Sen. Marco Rubio, R-Fla., and Rep. Josh Brecheen, R-Okla., wrote in a letter to Michael Regan, President Biden’s Environmental Protection Agency (EPA) administrator.

Sen. Marco Rubio is questioning President Biden’s EPA over a lack of environmental studies on the effect of the abortion pill on waterways. (Getty Images)

The lawmakers stressed the importance of this development in light of the rising number of medication-induced abortions, for which mifepristone is commonly administered. According to the Guttmacher Institute, 63% of all U.S. abortions last year were conducted by medication. This marked a 10% rise in the method relative to the share of all abortions since 2020. 

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Rubio and Brecheen alleged that the only survey of the effect mifepristone has on the environment was an assessment from 1996. They claimed the survey, which was relied on by the Food and Drug Administration when it approved the medication in 2000, “failed to consider that human fetal remains and the drug’s active metabolites would be making their way into wastewater systems across the U.S.”

“The American people deserve to know the negative effects caused by chemical abortion drugs,” they wrote. 

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Environmental Protection Agency administrator Michael Regan. (AP Photo/Evan Vucci, File)

The Republicans described that “Because chemical abortions are primarily self-induced and performed at home, the blood and placental tissue containing mifepristone’s active metabolites are flushed into wastewater systems along with the fetal remains of the unborn child.”

They further requested answers from Biden’s EPA, asking how the agency plans to “ensure the safety of our waterways and drinking water,” what the “negative health effects for humans associated with exposure to mifepristone and fetal remains in drinking water” are, and how aquatic animals might also be affected. 

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Mifepristone is one of two drugs used to facilitate medication abortions. (Getty Images)

“Once received, EPA will review this letter and will respond appropriately,” the agency told Fox News Digital. 

Mifepristone has encountered significant controversy as Republicans scrutinize the medication and what they say are lax regulations for it, while Democrats hail the drug as safe, effective and even necessary health care, while abortion access continues to be limited across the country. 

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Abortion rights groups have insisted medications like mifepristone are crucial health care. (Kent Nishimura / Los Angeles Times via Getty Images)

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Abortion rights groups have likened various concerns over the drug and its implementation to attempts to exercise control over women’s bodily autonomy. 

“Study after study has shown medication abortion and mifepristone to be safe and effective — with or without a health center visit. Those findings have only grown clearer in the more than two decades mifepristone has been on the U.S. market,” Planned Parenthood Federation of America President and CEO Alexis McGill Johnson said in a statement earlier this year. 

FIRST ON FOX: Businessman Bernie Moreno, running for Senate as a Republican against incumbent Democratic Sen. Sherrod Brown, released a blistering ad on Wednesday hammering the longtime Democrat on his ties to President Biden’s agenda and alleged weakness on immigration.

“Biden’s politics now are not much different than mine,” a video of Brown from a 2021 interview, said in his own words at the start of the video, before claiming that “Sherrod Brown shares Biden’s open border agenda.”

The ad goes on to say that Brown “refused to fund efforts to detain and deport criminal illegal immigrants convicted of a crime” citing a 2021 roll call vote on Senate Amendment 3742.

“Sherrod Brown called the border wall ‘stupid’ and ‘wrong,'” the ad continues with a reference to a 2019 interview, when Brown dismissed the need for a border wall.

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Bernie Moreno, left, and Sen. Sherrod Brown. (Getty Images)

“He made a campaign promise, but his campaign promise was that Mexico would pay, and he seems to have forgotten that,” Brown told the Tribune Chronicle during former President Trump’s presidency. “The wall is a bad idea and taking money away from our national defense is a really bad idea with what’s called the gate relocation at YARS. It’s a stupid idea; it’s wrong.” 

Brown also referred to the border wall as “ludicrous” in a 2017 interview which is also clipped in the ad.

The ad goes on to mention that Brown received an “F-” rating on immigration and claimed that contributed to the current border situation where “drugs and crime pour through our broken border.”

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Sen. Sherrod Brown, a Democrat from Ohio and chairman of the Senate Banking, Housing and Urban Affairs Committee, speaks during a hearing in Washington, D.C., on June 22, 2023. (Nathan Howard/Bloomberg via Getty Images)

“But Brown doesn’t think it’s a problem,” the ad says before playing a clip of Brown from a 2023 interview, when he said, “I don’t hear a lot about immigration from voters except people on the far-right that always want to gain political advantage by talking about it.”

The ad closes with a video shot by Fox News interviewing an illegal immigrant at the border who says that the American people are “right” to be concerned about who is coming across the border.

“Brown and Biden won’t keep your family safe,” the ad says.

Republican presidential candidate former President Trump, right, greets Ohio Republican candidate for U.S. Senate Bernie Moreno. (Scott Olson/Getty Images)

One Nation, a group tied to Senate Minority Leader Mitch McConnell, R-Ky., and Senate Republican leadership, ran an ad against Brown on immigration earlier this month outlining alleged inconsistencies in Brown’s record on the crisis at the border.

Brown’s record of voting with Biden nearly 100% of the time and his positions on immigration are expected to be front and center on the campaign over the next few months, while the incumbent Democrat has hit Moreno on abortion and enlisted actor Martin Sheen for an ad last year touting his record on fighting for workers.

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A Democratic group with ties to Senate Majority Leader Chuck Schumer cut an ad this month defending Brown’s immigration record and attempted to make the case that the Democratic senator shares some of the same policies as former President Trump.

The Moreno campaign has previously hit Brown on his immigration voting record, calling out votes as a senator that included rejecting a proposal in 2013 that would have delayed permanent legal status for many illegal immigrants until a 700-mile double layered border fence was constructed.

“Sherrod Brown and Joe Biden created the border invasion that is destroying our nation and harming communities across Ohio,” Moreno told Fox News Digital. 

“Throughout his decades in Washington, D.C., Brown has repeatedly voted against deporting illegals and funding the border wall and in favor of mass amnesty, sanctuary cities and taxpayer-funded health care for illegals. Brown has a long record of supporting open borders, which is exactly why Ohioans will retire him to the private sector in November.”

Fox News Digital reached out to the Brown campaign but did not receive a response.

Brown’s race against Moreno in November will be one of the most closely watched in the country. Many view it as one of the best opportunities Republicans have to take back control of the Senate, which Democrats currently hold by a 51-49 margin, in a state that Trump won by 8 points in 2020 and is expected to win again.