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    Today’s Top News: The Supreme Court Rules in a Major Election Law Case, and More

    The New York Times Audio app is home to journalism and storytelling, and provides news, depth and serendipity. If you haven’t already, download it here — available to Times news subscribers on iOS — and sign up for our weekly newsletter.The Headlines brings you the biggest stories of the day from the Times journalists who are covering them, all in about 10 minutes. Hosted by Annie Correal, the new morning show features three top stories from reporters across the newsroom and around the world, so you always have a sense of what’s happening, even if you only have a few minutes to spare.On Tuesday, the Supreme Court rejected an extreme legal theory which argues that the Constitution gives state legislatures unchecked power to set the rules for federal elections.Haiyun Jiang/The New York TimesOn Today’s Episode:Supreme Court Rejects Theory That Would Have Transformed American Elections, with Adam LiptakHow Lukashenko Turned the Wagner Revolt into a Public Relations Victory, with Valerie Hopkins Ryan Seacrest Named New ‘Wheel of Fortune’ Host, with John KoblinEli Cohen More

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    Are Democrats Actually Winning Older Voters?

    Some intriguing signs that the party may be doing better among seniors than is commonly thought.Some polling suggests President Biden gained among seniors.Ruth Fremson/The New York TimesIn the run-up to the 2020 presidential election, the polls showed something strange: Joe Biden was faring far better than expected among voters over age 65. Some polls showed him ahead by 10 points or more.It was a little hard to explain — and believe. Yes, the pandemic hit seniors hardest. Yes, Mr. Biden was old himself. Yes, the baby boomer generation was aging into the 65-and-older group, replacing somewhat more conservative voters. But could Mr. Biden really be winning older voters? When the final overall results came in far better for Donald J. Trump than the polls suggested, it appeared to offer an obvious answer: no.Three years later, I’m wondering whether there was more to Mr. Biden’s strength among older voters than it seemed. Maybe he didn’t win older voters by 10 points, but maybe he actually did come close to winning older voters or outright did so.My renewed interest boils down to this: The polling, which was accurate last year for the midterms, still shows Mr. Biden and Democrats doing quite well among older voters.Our own Times/Siena polls, for instance, were highly accurate. They did not overestimate Democrats. And yet the Times/Siena polls found the generic congressional ballot tied among seniors, at 45 percent support for each party. In a question asking how they voted in the 2020 presidential election, the polls still found Mr. Biden leading Mr. Trump, 53 percent to 47 percent, among older voters.Could Mr. Biden really have done so well? Unfortunately, it’s very hard to be sure. The various post-election studies — like the exit polls or the data from the Democratic firm Catalist — still show Republicans winning the group in 2022. Worse, the hard election results don’t offer much additional evidence to help clarify the matter. Voters aren’t nearly as segregated by age as they are by race or education, making it difficult to find additional evidence in voting results to confirm whether the trends evident in the polls are ultimately borne out on Election Day.But there is one additional data point worth considering: our high-incentive mail study of Wisconsin. As you may recall, we promised Wisconsin voters up to $25 dollars in an effort to reach the kinds of people who don’t usually take political surveys. In the end, it achieved a response rate surpassing 20 percent (by contrast, only about 1 percent of our attempted phone calls yield a completed interview in a typical poll). The response rate among older Wisconsinites appeared to be much, much higher.Democrats fared better among older voters in the Wisconsin mail survey than in any other major election study. The mail survey found the Democrat Mandela Barnes beating the Republican incumbent senator, Ron Johnson, by 52-40 among older registered voters. In comparison, the concurrent Times/Siena poll — using our traditional live-interview methods — found Mr. Barnes up by 46-43 among that group, while the other election studies were even farther to the right. The exit polls found Mr. Johnson ahead by seven points with that group while AP/VoteCast found Mr. Johnson up by four points.The findings were just as extreme when voters were asked to recall how they voted in the 2020 presidential election. In the high-incentive mail survey, voters over 67 in 2022 (meaning over 65 in 2020) said they backed Mr. Biden by 55-38 over Mr. Trump. In contrast, the Times/Siena poll found Mr. Biden ahead, 48-43, among the same group. The exit polls and VoteCast data both found Mr. Trump winning seniors by a comfortable margin in 2020.To reiterate: There’s not much additional evidence to help corroborate these very different versions of what happened among older voters. But the mail survey in Wisconsin is intriguing evidence. It’s renewed my curiosity in the possibility that maybe, just maybe, Democrats are doing better among older voters than is commonly thought.If they are, it would help make sense of the party’s new strength in special elections — which tend to have very old electorates — and perhaps in last November’s midterm elections as well. More

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    Biden to Deliver Major Address on the Economy in Chicago

    President Biden hopes to claim credit for what the White House describes as a record-breaking economic revival in America.President Biden’s attempt to earn a second term in the White House begins with a concerted campaign to claim credit for what he describes as a record-breaking economic revival in America.Mr. Biden will make that case in what his aides say is a “cornerstone” speech on Wednesday, using the backdrop of the Old Chicago Main Post Office to reassert the lasting benefits of “Bidenomics” as the 2024 campaign cycle heats up.He will argue that his willingness to plunge the American government more directly into supporting key industries like silicon chips has revitalized manufacturing. He will say investments in rebuilding crumbling infrastructure will pave the way for future growth. And he will insist that spending hundreds of millions of dollars on programs like student debt relief will let more people find their way to a comfortable, middle class life.“Since the president has taken office, 13 million jobs have been created,” Lael Brainard, Mr. Biden’s top economic adviser, said Tuesday. “The unemployment rate is near historic lows, below 4 percent for the longest stretch in nearly 50 years. And we’ve received record low unemployment for groups that too frequently have been left behind.”The boasting about Mr. Biden’s economic achievements is a calculated shift from the more cautious approach of his first two years, when millions of Americans were still struggling to recover from the devastating impact of the pandemic on their financial well-being.And the positive spin from the president and his advisers largely ignores the frustrations of many Americans who are still suffering from the effects of high inflation, interest rates that make borrowing more expensive, and the expense of everyday spending on necessities like health care, child care, groceries, gas and more.“While families suffer, the Biden administration is in a fantasy world, insisting their ‘policy has indeed worked,’” Tommy Pigott, a spokesman for the National Republican Committee, said in a statement on Tuesday. “Americans don’t want Biden to ‘finish the job.’”Mr. Pigott cited figures showing that the price of a gallon of gas remains about a dollar higher than it was when Mr. Biden took office, despite declines since the price shocks when Russia invaded Ukraine. He said numbers from the National Energy Assistance Directors Association show about 20 million Americans are behind on their utility bills.But administration officials are betting that with the pandemic largely in the rear view mirror, people will soon begin to appreciate the positive effect they say the president’s policies are having on their own lives.“I think people all across the United States of America are starting to see shovels in grounds in their communities,” said Olivia Dalton, the deputy White House press secretary. “As we get further into implementation, people are going to continue to feel that. They’re going to continue to see that and they’re going to continue to hear from this president about how we’re going to continue to make progress for them.”For now, most Americans have refused to give Mr. Biden the kind of credit that he and his advisers say he deserves. Polls show that about three-fourths of those surveyed believe the country under Mr. Biden’s leadership is on the wrong track. Only about a third say they approve of his handling of the economy.The president’s advisers say they believe it will take time for two things to happen: First, Americans must shake off the economic hangover from the pandemic. And second, they must begin feel the benefits of Mr. Biden’s policies in action.“People are just starting to see the impact of all of the successes of the last couple of years under this president’s economic agenda,” said Olivia Dalton, the deputy White House press secretary.Eventually, Mr. Biden will have to shift his focus to the future, and make specific promises to Americans about what kinds of new economic policies he would pursue in a second term.That could include making progress on the economic pledges he had to abandon as he made legislative compromises since taking office. He failed to win sufficient support for his proposals to roll back tax cuts implemented by former President Donald J. Trump. He also dropped proposals for universal preschool, free community college and heavily subsidized child care. More

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    New York Primary Election 2023: Live Results

    Source: Election results and race calls are from The Associated Press.Produced by Michael Andre, Neil Berg, Matthew Bloch, Irineo Cabreros, Andrew Chavez, Nate Cohn, Lindsey Rogers Cook, Annie Daniel, Saurabh Datar, Tiff Fehr, Andrew Fischer, Martín González Gómez, Will Houp, Aaron Krolik, Jasmine C. Lee, Ilana Marcus, Charlie Smart and Isaac White. Editing by Wilson Andrews, William P. Davis, Amy Hughes, Ben Koski and Allison McCartney. Reporting contributed by Dana Rubinstein. More

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    New York’s Primary Elections 2023: What to Know

    Primaries were being contested Tuesday for a range of New York City Council seats, district attorneys in the Bronx and Queens, and offices throughout New York State.Several Democratic incumbents in New York saw unusual challenges from more conservative candidates in Tuesday’s primary, with the opponents hoping to benefit from a demographic change, as an influx of immigrants is shifting some districts to the right.Incumbents easily held off primary challenges in Democratic primaries for district attorney in Queens and the Bronx; further north, a Council race in Buffalo was won by a woman whose son was shot in the Tops supermarket racist massacre.In New York City, just over 149,000 people had cast their ballots as of 6 p.m., according to the City Board of Elections. That includes 44,611 votes that were cast during the nine-day early voting period that began June 17 and ended on Sunday — less than a quarter of the early-voting turnout two years ago, when candidates for mayor were competing in the primary.There were contested primaries in New York City Council contests across the boroughs, with the races for a two-year term instead of the usual four years because of redistricting. Every seat on the City Council is up for re-election, but less than half of the 51 Council seats are being contested in primaries, and of those, 13 races feature more than two candidates — making ranked-choice voting, where voters can rank up to five candidates in order of preference, necessary.Ranked-choice voting will not be used in the races for district attorney.How Ranked-Choice Voting Will Affect the ResultsThe New York City Board of Elections will reveal the first-place vote totals each candidate receives on Tuesday; if one of the candidates in the 13 Council contests where there are three or more contestants draws 50 percent of the vote or more, a winner should be declared.If no candidate hits the 50 percent mark, the board will use the ranked-choice system, but not until July 5. The board usually runs the first ranked-choice calculation seven days after the vote, but because that day falls on the Fourth of July, the tabulation will be delayed a day.If necessary, additional ranked-choice tabulations will be held each week afterward, on July 11 and July 18, said Vincent Ignizio, the deputy executive director of the Board of Elections.About 15,000 absentee ballots have already been filed, but additional absentee ballots can be received a week after Election Day as long as they are postmarked by June 27.Under recent changes to state law, voters will also have an opportunity to cure or fix mistakes on their absentee ballots. The tentative last day to receive absentee ballot cures is July 17.Because of the low turnout, Board of Elections officials don’t expect that more than three rounds of ranked-choice voting tabulations will be required.Susan Lerner, executive director of Common Cause New York, a government watchdog group, said ranked-choice voting gave people more options. “We heard some voters in our 2021 exit polling say that because they knew they had the ability to rank, they actually paid more attention to more candidates,” she said.Some Key Races to WatchNew York City District Attorney RacesThe incumbent district attorneys of the Bronx and Queens both fended off challengers to win their respective Democratic primaries, according to The Associated Press.In the Bronx, Darcel Clark defeated Tess Cohen, a civil rights and criminal defense lawyer, who was the first person to challenge Ms. Clark in a primary. With 65 percent of the votes counted, Ms. Clark led Ms. Cohen by more than 12,000 votes.In Queens, Melinda Katz, rebuffed a challenge from her right, defeating George Grasso, a former Police Department first deputy commissioner who attacked Ms. Katz as being soft on crime. Ms. Katz disputed the accusation by pointing to her focus on retail theft, gang takedowns and gun seizures.The challenge from Mr. Grasso came four years after Ms. Katz narrowly defeated a democratic socialist who wanted to abolish the police and end cash bail. Ms. Katz was leading Mr. Grasso and another opponent, Devian Daniels, by 27,000 votes with 71 percent of the vote counted.Ms. Clark, whose tenure began in 2016, was the first Black woman to be elected district attorney in New York. She grew up in the Bronx, was raised in public housing and went to public schools.She said that her biggest accomplishment as district attorney has been “putting humanity into the criminal justice system.”Central Harlem City Council RaceIn Harlem, three moderate Democrats are running in one of the most competitive races in the city to replace Kristin Richardson Jordan, a democratic socialist who dropped out last month.Ms. Jordan faced questions about her belief that the police should be abolished and about her far-left stance on housing development. Her name will remain on the ballot.The three Democrats running to replace her have sought to distance themselves from Ms. Jordan. They are: Inez Dickens, 73, who held the Harlem Council seat for 12 years before joining the State Assembly; Yusef Salaam, 49, one of five men exonerated in the rape of a female jogger in Central Park in 1989; and Al Taylor, 65, who is serving his sixth year in the Assembly.All three candidates gathered at Lenox Avenue and West 134th Street on Tuesday afternoon to try to woo voters. Ms. Dickens’s staff used a bullhorn, while Mr. Salaam’s team rang a bell every time a voter said they had ranked him first.Chantel Jackson, an assemblywoman from the Bronx who grew up in Harlem, came out with her nearly 2-year-old son to hand out fliers for Mr. Taylor. Mr. Salaam and Mr. Taylor had cross-endorsed each other, asking voters to rank them first and second. Ms. Dickens was endorsed by Mayor Eric Adams.The major issues in the historically Black neighborhood include the loss of Black residents, lack of affordable housing and a saturation of drug treatment centers and social service providers.The candidates have struggled to differentiate themselves. All three say they would have supported a new housing development on West 145th Street that Ms. Jordan initially rejected because it was not affordable enough.Ms. Dickens and Mr. Taylor have contended that their experience would make a difference, while Mr. Salaam, who moved back to the city from Georgia to run for the seat, has argued that it is time for a generational shift.“Knowledge is power,” Ms. Dickens said while campaigning. “If you don’t have the knowledge, working in the system is difficult.”Other City Council RacesIn Lower Manhattan, the incumbent Chris Marte, a progressive Democrat, was leading challengers Susan Lee, a consultant; Ursila Jung, a private investor; and Pooi Stewart, a substitute teacher. All the challengers emphasized public safety and education and argued that Mr. Marte was too far to the left.In the Bronx, incumbent, Councilwoman Marjorie Velázquez, was leading her opponents who criticized her because she backed the rezoning of Bruckner Boulevard in Throgs Neck, which will bring affordable housing to the area.In southern Brooklyn, three Asian American Democrats are running in a newly formed district.The candidates are Wai Yee Chan, the executive director at Homecrest Community Services; Stanley Ng, a retired computer programmer; and Susan Zhuang, the chief of staff for Assemblyman William Colton.In a district that has swung to the right in recent years, the winner of the Democratic primary is expected to face a tough general election challenge from the Republican primary winner.Vito J. LaBella, a conservative Republican and former Police Department officer, is facing Ying Tan, who works in senior services, in that primary.Buffalo Common CouncilIn Buffalo, Zeneta Everhart, a political newcomer whose son was a victim of a racist shooting at a Tops supermarket last May, appeared on track to defeat a well-known progressive, India Walton, in a primary race for a seat on the city’s Common Council.The seat represents Masten, an East Side district where the Tops is located and which is a traditional base of Black political power in Buffalo, New York’s second largest city and a Democratic stronghold.Ms. Everhart, a former television news producer who works for State Senator Timothy Kennedy, testified in front of Congress after the shooting, in which her son, Zaire Goodman, was shot in the neck but survived. Ten other people — all Black — were killed by the gunman, who targeted East Buffalo because of its large Black population.Ms. Walton, a democratic socialist, became a liberal star after she defeated Mayor Byron Brown in a primary in 2021, only to lose the general election that fall after Mr. Brown mounted a write-in campaign.In this campaign, Ms. Walton had criticized Ms. Everhart’s connections to the Democratic establishment, which included endorsements from the county Democratic Committee and Senator Chuck Schumer. But returns on Tuesday showed Ms. Everhart leading with about two-thirds of the vote, with about 85 percent of precincts reporting.Jesse McKinley More

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    Hunter Biden Isn’t Hiding. Even Some Democrats Are Uncomfortable.

    Hunter Biden’s public appearances came across as a message of defiance by the president, who is determined to show that he stands by his son.During last week’s state dinner at the White House, Hunter Biden seemed to be everywhere. Upbeat and gregarious, he worked the pavilion with grins and gusto, shaking hands and hugging other guests.One guest who surely did not want to chitchat with him, though, was Merrick B. Garland, the attorney general whose Justice Department just two days earlier reached a plea agreement in which the president’s son will likely avoid prison time.The presence of the younger Biden at such a high-profile event so soon after the plea deal proved to be the buzz of the evening. It was all the more attention-grabbing given the risk of an accidental encounter with the nation’s chief law enforcement officer, who would rather cut off a thumb than be caught looking chummy with the target of an investigation that he had guaranteed would be conducted by the book.It did not go unnoticed either when, just days later, there was Hunter Biden getting on and off Marine One with the president heading to and from Camp David for the weekend.In the nation’s capital, where such things are rarely accidental and always noticed, the oh-so-public appearances came across as an in-your-face message of defiance by a president determined to show that he stands by his son in the face of relentlessly toxic attacks. Yet some Democrats, including current and former Biden administration officials, privately saw it as an unnecessary poke-the-bear gesture.“He knew exactly what he was doing, and he was willing to sustain the appearance issues to send a message to his son that he loves him,” said Norman Eisen, who was the ethics czar in President Barack Obama’s White House when Mr. Biden was vice president.Had he been advising Mr. Biden, Mr. Eisen said, he would have warned him about “the flak they were going to take” but added that it would be a matter of optics, rather than rules. “That’s probably more of a question for an etiquette czar than an ethics czar,” he said. “Certainly, there’s no violation of any ethics rule as long as they didn’t talk about the case.”The White House said Mr. Biden was simply being a father.“In all administrations, regardless of party, it’s common for presidential family members to attend state dinners and to accompany presidents to Camp David,” Andrew Bates, a White House spokesman, said on Tuesday. “The president and first lady love and support their son.”The visuals at the White House in the week since Hunter Biden’s plea deal was announced highlight the thorny situation for a president with a 53-year-old son traumatized by family tragedy and a devastating history of addiction to alcohol and crack cocaine. While Democrats scorn the conspiratorial fixation of the hard right on Hunter’s troubles, some of the president’s allies privately complain that, however understandably, he has a blind eye when it comes to his son. They lament that he did not step in more assertively to stop the younger man from trading on the family name in business dealings.It is not a subject that advisers raise with Mr. Biden easily, if at all, and so many of them are left to watch how he handles it and react accordingly. They take solace in the belief that many Americans understand a father’s love for his son, even one who makes mistakes, and in the assumption that it will not significantly hurt Mr. Biden’s bid for re-election next year any more than it did his victory over President Donald J. Trump in 2020. And they recognize that no matter what the family does, Hunter will be a target for the next 16 months.The plea deal last week was fraught for many reasons. It meant that the president’s son was admitting to criminal behavior by failing to file his taxes on time and would be subject to a diversion program on a felony charge of illegal gun possession, but would be spared time behind bars if a judge approves. Republicans immediately denounced it as a “sweetheart deal” by the Biden team.In fact, the decision was announced by a Trump appointee, David C. Weiss, a U.S. attorney who was kept on by the Biden Justice Department so as not to appear to interfere in his inquiry into Hunter Biden. Mr. Garland and Mr. Weiss have both insisted that Mr. Weiss had what he called “ultimate authority” over the case.There is no evidence that the president or the White House has played any role — unlike Mr. Trump, who while in office openly and repeatedly pressured the Justice Department to prosecute his perceived enemies and drop cases against his allies.But congressional Republicans have been promoting two I.R.S. “whistle-blowers” who assert that the Justice Department restrained Mr. Weiss, despite his own denial. Republicans plan to call Mr. Weiss to testify in coming days and are threatening to impeach Mr. Garland.One of the I.R.S. agents produced a message sent by Hunter Biden in 2017 invoking his father, who was then out of office, in pressuring a potential Chinese business partner to agree to a deal. While repeating that the president “was not in business with his son,” the White House has not disputed the authenticity of the message nor commented on the impression that Mr. Biden, as a former vice president, may have been used to secure business.Asked by a reporter on Monday whether he had lied when he previously said he did not discuss Hunter’s business dealings with him, the president said simply, “No.”Hunter Biden has appeared with his father since the start of his presidency, including previous trips to Camp David or the family home in Delaware. Hunter attended the first state dinner of the Biden presidency in December and accompanied his father on a trip to Ireland this spring.So in that sense, it might not have been all that surprising that he showed up last Thursday for the state dinner for Prime Minister Narendra Modi of India. But it quickly set off Republicans and conservative media.“Hunter and Merrick hanging out at Joe’s place?” Representative Andy Ogles, Republican of Tennessee, wrote on Twitter. “Classic Biden Crime Family.”Representative Jason Smith, Republican of Missouri, said on Fox Business: “We saw a fancy state dinner at the White House, and you have the person who’s accused of these criminal allegations and also the department that has slow-walked these allegations, the leader of that department, seated and dining at the same table. All of this smells bad.”The tuxedo-clad Hunter Biden appeared in high spirits at the dinner, making his way around the pavilion set up on the South Lawn. He put his arm around Bill Nelson, the NASA administrator and former senator from Florida, and gave a friendly shoulder grip to Andy Moffit, the husband of Gina Raimondo, the commerce secretary. Contrary to Mr. Smith, Mr. Garland was not at the same table and stayed resolutely on the other side of the pavilion, at least while reporters and photographers were there to watch.While Mr. Garland was invited weeks beforehand, some who know him suspected he must not have known that Hunter Biden would be there and likely would have been upset to be put in such an awkward position. One person familiar with the dinner said those not on the White House staff were not given the guest list in advance. Representatives for the White House and Justice Department would not say whether the president’s staff gave the attorney general a heads up.Still, even Democrats who would have preferred that Mr. Biden had not made such a public display of his son in the immediate aftermath of the plea deal bristle at criticism from Republicans who have shown little interest in nepotism involving Mr. Trump, who put his daughter and son-in-law on the White House staff and whose children have profited off his name for years.David M. Axelrod, who was a senior adviser to Mr. Obama, said the state dinner made clear what Mr. Biden wanted to make clear — that he would not walk away from his son. “That may cause him problems, but it also reinforces a truth about a guy who has suffered great loss in his life and loves his kids,” he said.Richard W. Painter, who was the chief White House ethics lawyer under President George W. Bush, later ran unsuccessfully for Congress as a Democrat and has been critical at times of ethical decisions by the Biden team, said the president is forced to balance his personal and campaign imperatives.“These are the political calls that are made by the president,” said Mr. Painter, who according to media reports has been consulted by Hunter Biden’s lawyers about setting up a legal defense fund. “He wants to protect his political position running for re-election. He also wants to be a good father. That was his decision. You’re going to get heat. But I understand why he made the decision.”Glenn Thrush More

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    Trump Criminal Case Likely to Remain in N.Y. State Court, Judge Says

    The judge, Alvin K. Hellerstein, said he was not inclined to move the Manhattan district attorney’s case against the former president to federal court.A judge on Tuesday indicated that he was likely to deny a request from lawyers for Donald J. Trump to move a New York State criminal case against the former president to federal court.The federal judge, Alvin K. Hellerstein, said that he would issue a written ruling within two weeks, but was inclined not to transfer the case brought by the Manhattan district attorney’s office which stems from a hush-money payment before the 2016 presidential election.“There is no reason to believe that an equal measure of justice couldn’t be rendered by the state court,” Judge Hellerstein said, after calling a central argument made by one of Mr. Trump’s lawyers “far-fetched.”After the district attorney, Alvin L. Bragg, unveiled the 34 felony charges against Mr. Trump in March, lawyers for the former president argued that the proper venue was federal court, in part because the conduct had occurred while Mr. Trump was in office.The payment to a porn star, Stormy Daniels, was made on Mr. Trump’s behalf by his former fixer, Michael D. Cohen, to buy her silence about a tryst she said she had with Mr. Trump. Once Mr. Trump was elected, he reimbursed Mr. Cohen. Mr. Bragg’s prosecutors have accused Mr. Trump of falsifying business records to disguise the purpose of the reimbursements.Mr. Trump’s lawyers would have had to convince Judge Hellerstein, who sits in Manhattan, that the accusations were related in some way to Mr. Trump’s official duties as president.Todd Blanche, a lawyer for Mr. Trump, argued that any work that Mr. Cohen did would have been related to Mr. Trump’s presidency: He said that Mr. Trump hired Mr. Cohen — who had been his longtime fixer — as a personal lawyer to ensure that he was fulfilling his constitutional duties.Matthew Colangelo, a prosecutor for the district attorney’s office, argued that Mr. Cohen’s hiring demonstrated the opposite. “These are personal payments to a personal lawyer handling his personal affairs.”Judge Hellerstein appeared to agree, saying that it was “very clear” that the act for which Mr. Trump had been indicted did not relate to the presidency. At one point, in a phrase that echoed Mr. Colangelo, the judge said of Mr. Cohen that “he was hired as a private matter to take care of private matters.”The judge said that his closing remarks from the bench were not binding, but that they would “presage” his ruling. If he rules as he suggested he would, the case would proceed as expected in state court, where a trial has been scheduled for March 25.A preview of how that trial might play out came during the hearing when Mr. Blanche unexpectedly called a witness to testify about Mr. Cohen’s role when he worked as a personal lawyer to Mr. Trump. He was trying to show how that role related to the official duties of the presidency.The witness, Alan Garten, the chief legal officer of the Trump Organization, was then cross-examined by Susan Hoffinger, the head of investigations at the district attorney’s office.Ms. Hoffinger tried to show that the arrangement with Mr. Cohen — without a retainer and with payments whose purpose was recorded without any description of the work involved in Mr. Trump’s ledger — was atypical. Mr. Garten acknowledged that it was irregular, but said that such arrangements did happen “from time to time.” More