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    How a Corporate Law Firm Led a Political Revolution

    On a balmy Saturday night in June, Traci Lovitt hosted a 50th birthday party for her husband, Ara, at their 9,800-square-foot Westchester mansion overlooking Long Island Sound. The couple met while clerking for Supreme Court justices: Traci for Sandra Day O’Connor, Ara for Antonin Scalia. These days, Ara worked in finance. Traci was a top partner at — and a contender to one day run — the international law firm of Jones Day, best known for representing Donald Trump’s presidential campaigns. To serve as M.C. for the event, the Lovitts flew in Richard Blade, the veteran disc jockey Ara listened to while growing up in Southern California. But Blade wasn’t the party’s biggest star. That distinction belonged to Justice Amy Coney Barrett.One day earlier, Barrett and four of her colleagues on the Supreme Court overturned Roe v. Wade, ending the constitutional right to abortion. Now she was wearing a pink dress and sitting at a flower-bedecked table under a tent on the Lovitts’ lush lawn. Barrett clerked for Scalia in the same session as Ara, in 1998 and 1999, and also became friends with Traci, jogging together around the National Mall after work. (When Trump nominated Barrett to the Supreme Court in 2020, Traci wrote to senators, praising the judge’s fair-mindedness and commitment to the rule of law.) But the connection to the court ran deeper than that. Scalia had spent years at Jones Day in the 1960s. And Traci ran an elite practice inside the firm that was focused in part on arguing cases before Barrett and her colleagues. Guests at the Lovitts’ estate danced to Blade’s beats until 1 a.m. At one point, an attendee spotted Barrett chatting with Noel Francisco, another Jones Day partner, who had himself clerked for Scalia the year before Lovitt and Barrett. Francisco left the firm in 2017 to become Trump’s solicitor general, responsible for representing the government before the Supreme Court, and returned in 2020, eventually taking over Jones Day’s enormous Washington office. Now his and Lovitt’s underlings were appearing regularly before the court. In one recent case brought by Jones Day, the court killed the Biden administration’s moratorium on home evictions during the pandemic. Less than a week after the Lovitts’ party, in another case Jones Day worked on, the court would severely limit the Environmental Protection Agency’s regulation of power-plant emissions.For much of its history, Jones Day was a juggernaut in the field of corporate litigation. A global goliath with more than 40 offices and about 2,500 lawyers, it raked in billions a year in fees from tobacco, opioid, gun and oil companies, among many other giant corporations in need of a state-of-the-art defense. More than most of its competitors, the firm had an army of litigators who had perfected the art of exploiting tiny legal wrinkles, of burying outmatched opponents in paperwork and venue changes and procedural minutiae. But over the past two decades, Jones Day has been building a different kind of legal practice, one dedicated not just to helping Republicans win elections but to helping them achieve their political aims once in office. Chief among those aims was dismantling what Don McGahn — the Jones Day partner who helped run Trump’s campaign and then became his White House counsel — disparagingly referred to as the “administrative state.” To do that, the firm was bringing all the ruthless energy and creativity of corporate law to the political realm.Jones Day lured dozens of young Supreme Court clerks, mostly from conservative justices, with six-figure signing bonuses and the opportunity to work on favored causes, including legal challenges to gun control and Obamacare. The firm allotted countless pro bono hours to aiding the needy — and also to assisting deep-pocketed right-wing groups as they fought against early voting and a federal corporate-oversight body.Representing Trump’s 2016 campaign, Jones Day helped him solidify Republican support by pledging to pick federal judges from a list that was vetted in advance by the law firm and the Federalist Society. When Trump won, a large fleet of Jones Day lawyers sailed into his White House, the Justice Department and other parts of his administration. But the biggest impact was on the judiciary. Trump delegated the task of selecting federal judges to McGahn, who — working closely with Senator Mitch McConnell, the majority leader — placed well over 100 conservatives on the federal courts, including several who had recently worked at Jones Day. Even after rejoining Jones Day in 2019, McGahn continued to advise Senate Republicans on judicial strategy.It is not uncommon for partners at corporate law firms to dabble in politics. Nor is it rare for a firm itself to throw its weight behind causes on the left or the right. One of the country’s richest firms, Paul, Weiss, for example, has long staked out liberal stances on the public issues of the day (even as it rakes in fees from companies that undercut those ideals). What sets Jones Day apart is the degree to which it penetrated the federal government under Trump and is now taking advantage of a judicial revolution that it helped set in motion.The power of that revolution, which is spreading to courtrooms and statehouses around the country, is now on vivid display. Even with Democrats controlling the White House and Congress, the Supreme Court has been on a rightward tear. In its most recent term, Trump’s three appointees — the first two handpicked by McGahn and the third, Barrett, plucked by him out of academia for the federal bench — helped erase the constitutional right to abortion, erode the separation of church and state, undermine states’ power to control guns and constrain the authority of federal regulators. Jones Day had a hand in some of those cases, and the firm has telegraphed that it is eyeing additional legal challenges in line with its leaders’ ideology.Jones Day’s influence seems poised to grow. This year, it has been collecting fees from a remarkable assortment of prominent Republican players: a Trump political-action committee; moderates like Senator Susan Collins; Trump allies like Dr. Mehmet Oz; hard-liners like Representative Kevin McCarthy of California, the House minority leader, and Senator Ron Johnson of Wisconsin — not to mention an assortment of super PACs supporting fringe candidates like Herschel Walker, the former N.F.L. star who is running for a Senate seat in Georgia. Francisco recently represented former Attorney General Bill Barr before the House committee investigating the Jan. 6 attack on the Capitol. McGahn recently began representing Senator Lindsey Graham as he fights a grand jury subpoena to testify about Trump’s efforts to overturn the election results in Georgia. The chief of staff to Gov. Ron DeSantis of Florida is a recent Jones Day alum. The next Republican presidential administration — whether it belongs to Trump, DeSantis or someone else — will most likely be stocked with Jones Day lawyers.Founded in Cleveland in 1893, Jones Day was at the vanguard of an era of breakneck expansion in the legal industry. In the 1970s and ’80s, it was one of the first law firms to open multiple offices in the United States and then overseas. It was a tireless, and extremely successful, defender of some of America’s worst corporate actors. The firm helped R.J. Reynolds sow doubts about the dangers of cigarettes. It helped Charles Keating’s fraud-infested savings-and-loan association fend off regulators. It helped Purdue Pharma protect its patents for OxyContin. But it didn’t become a conservative machine until Stephen Brogan took over as managing partner in 2003.Brogan, the son of a New York City police officer, joined Jones Day straight out of the University of Notre Dame’s law school in 1977 and, aside from a two-year stint in the Reagan Justice Department, has worked there ever since. A number of Brogan’s allies said the key to understanding him and his politics was through his faith. “Brogan is extremely conservative, hard-core Catholic, and that is the bedrock of who he is,” one of his Jones Day confidants told me. Brogan brought on a series of high-profile devotees of the Federalist Society — including leading Reagan and Bush administration lawyers like Michael Carvin and Noel Francisco — to work in the firm’s issues-and-appeals practice, which became a sort of in-house conservative think tank. Even as most of the firm’s lawyers remained focused on bread-and-butter work for big companies, Jones Day took on a growing list of ideologically charged cases and causes, including efforts by the ultraconservative Buckeye Institute to prevent the expansion of early voting in Ohio and challenge the legitimacy of the Obama administration’s newly inaugurated Consumer Financial Protection Bureau. By 2014, when a trio of Republican lawyers at Patton Boggs, a Washington law firm that was in financial trouble, began looking for a new home, Jones Day was a natural fit. It was huge, it had a thriving Washington office and its leaders were conservative. Plus, the Patton Boggs crew — McGahn, Ben Ginsberg and William McGinley — would fill a void. While Jones Day had built up a formidable practice advising companies on how to navigate the federal bureaucracy, the firm didn’t have a practice advising politicians on how to navigate election and campaign-finance laws. And without the relationships that came from helping people win office, it was harder for Jones Day to wield influence on Capitol Hill and in the White House. It helped that Ginsberg, who had been the top lawyer on presidential campaigns by George W. Bush and Mitt Romney, had known Francisco and Carvin for years. During the interview process, Ginsberg told Francisco that he recognized that Jones Day, despite its conservative reputation, probably employed a lot of Democrats. Would it be a problem to bring in a team that would represent polarizing Republicans? It would not, Francisco assured him. Indeed, promoting conservative principles was becoming part of the firm’s marketing pitch. “The government’s tentacles invade virtually every aspect of what our clients do,” Francisco said in a Jones Day promotional video in 2015. “The job of a lawyer and the job of courts is to ensure that the federal government lives within the limits that our Constitution sets, and I love making sure that those lines are enforced.” Ginsberg and McGahn were well known throughout the Republican establishment, and several would-be presidents soon came to them seeking counsel; Govs. Scott Walker of Wisconsin, Rick Perry of Texas and Chris Christie of New Jersey would become clients. McGahn — who had recently served on the Federal Election Commission, watering down campaign-finance rules and slowing the agency’s decision-making in what he said was an effort to make it more responsive to the people and groups it regulated — also represented a who’s who of other G.O.P. power players: the Republican National Committee, the National Rifle Association, the billionaire Koch brothers.There was at least one other key client: Citizens United. The group, famous for its successful Supreme Court challenge of campaign spending restrictions, was run by Dave Bossie, an influential right-wing activist. One day in late 2014, Bossie and McGahn were on the phone, batting around ideas about which presidential campaigns the Jones Day lawyers should work for.The Trump InvestigationsCard 1 of 6The Trump InvestigationsNumerous inquiries. More

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    Imran Khan, Pakistan’s Former Leader, Appears in Court

    The police were ordered not to arrest the former prime minister, who has been charged under Pakistan’s antiterrorism act, before a hearing set for next Wednesday.Former Prime Minister Imran Khan appeared in court in the Pakistani capital on Thursday after being charged under the country’s antiterrorism act, the latest step in an intensifying crackdown on Mr. Khan and his allies since he was removed from office in April.It was his first court appearance since being charged on Sunday, after giving a speech in which he threatened legal action against police officers and a judge involved in the recent arrest of one of his top aides.Mr. Khan made no public comment during his brief appearance Thursday before an antiterrorism court in Islamabad, where his bail bond was set at 100,000 rupees, or roughly $450. The court set the next hearing in the case for Wednesday and ordered the police not to arrest him before then.“Pakistan is being mocked all over the world,” Mr. Khan said outside the courthouse after the hearing. He said the government was afraid of his popularity, and that the case against him had “made Pakistan look like a banana republic.”Before the hearing, many in Pakistan had been worried about the possibility of violent unrest. A day earlier, Interior Minister Rana Sanaullah had warned that if the court rejected Mr. Khan’s bail plea, the government would arrest him — a move that his supporters have said would cross a “red line.”The charges against Mr. Khan have been seen as an escalation of the monthslong clash between Pakistan’s current government, led by Prime Minister Shehbaz Sharif, and its former leader, who has made a stunning political comeback in recent months.His court appearance was the latest twist in Mr. Khan’s political second act, since falling out with the country’s powerful military and being removed from office in a no-confidence vote.Supporters of Mr. Khan gathered outside his residence in Islamabad on Monday.Anjum Naveed/Associated PressIn recent months, Mr. Khan has drawn tens of thousands to his rallies, where he has doubled down on accusations that the United States and the country’s powerful military conspired to topple his government. His speeches have also tapped into Pakistanis’ growing frustration with the country’s economic downturn, which the current government has struggled to address.His message has resonated widely, and his party, Pakistan Tehreek-e-Insaf, has won seats in provincial elections in two crucial regions.“I would say there is a soft revolution taking place in Pakistan,” Mr. Khan said in an hourlong interview with New York Times journalists on Wednesday. “I never thought in my life I would see this sort of thing happening in the country — people sort of spontaneously coming out without being led out by political parties.”But his growing popularity has also prompted a clampdown on Mr. Khan’s supporters and allies, in what is widely considered a coordinated campaign by the authorities to force him out of politics.Journalists considered “pro-Khan” have been harassed, intimidated and arrested by the authorities, he said. A top aide to Mr. Khan, Shahbaz Gill, was imprisoned after making anti-military remarks, and the television channel that broadcast them was forced off the air. Mr. Khan has accused the authorities of torturing Mr. Gill, who remains in custody. Government officials have denied the claim.In the interview on Wednesday, Mr. Khan went to lengths not to directly condemn the country’s powerful military, which has long served as the true power broker in Pakistani politics.Shahbaz Gill, center in blue shirt, an aide to Mr. Khan, at a court appearance on Monday. Mr. Khan has accused the authorities of torturing Mr. Gill, a claim the government has denied.Associated PressBut in toeing a careful line, Mr. Khan suggested the military establishment had played a role in the current crackdown, claiming that some officials involved in detaining Mr. Gill had said they were being “pushed from behind” — a common phrase in Pakistan referring to coming under military pressure.The Pakistani military has denied accusations that it has played any role in the recent clampdown, insisting the institution has adopted a “neutral” stance amid the political uncertainty. Military officials have also emphasized that the military is not involved with police cases and civilian courts.Mr. Khan’s lawyers claim that the case against him is little more than a sham. The Islamabad police charged Mr. Khan under a section of the country’s antiterrorism laws, and a police report stated that he had “terrorized and threatened top police officials and a respected female additional sessions judge” during the speech.“We won’t spare you,” Mr. Khan had said, addressing the officials.Mr. Khan has called for fresh elections. And he has repeatedly insisted that he hopes the country can avoid violent unrest even as political tensions build.“One thing I don’t want is violence,” he said. “That would not suit us; that would suit the guys who have been put in power, because the last thing they want are elections. For us, any violence or disruption would mean there won’t be an election.”But given widespread frustration over the economic crisis and a political scene that has been dominated for decades by often-corrupt family dynasties, many fear that any street action over Mr. Khan’s fate could easily spill into violent unrest.“There’s been this ratcheting up of the rhetoric, the instigation,” said Adil Najam, a professor at Boston University’s Frederick S. Pardee School of Global Studies and an expert on Pakistani politics. “I cannot imagine a world where his arrest — if it happens — will go down quietly.” More

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    Democrats Sense a Shift in the Political Winds, but It May Not Be Enough

    Energized abortion-rights voters. Donald J. Trump back in the spotlight. Stronger-than-expected special elections, including a surprising win early Wednesday in New York.Democratic leaders, once beaten down by the prospect of a brutal midterm election in the fall, are daring to dream that they can maintain control of Congress this November.An unexpected victory by Pat Ryan, a Democrat, in a special House election to fill a vacancy in New York’s Hudson Valley offered Democrats solid evidence that their voters were willing to come out and that their message was resonating. It followed strong Democratic showings in other special elections, in Nebraska, Minnesota and upstate New York, since the Supreme Court repealed Roe v. Wade. Mr. Ryan placed abortion rights front and center while his Republican opponent, Marc Molinaro, sidestepped the issue to focus on the problems his party still believes will drive voters — inflation, crime, the economy. It didn’t work.“Kevin McCarthy made a big mistake by measuring the drapes too early and doubling down on Trumpism, and it’s proving to be fatal,” said Representative Hakeem Jeffries of New York, the chairman of the House Democratic Caucus, referring to the House Republican leader.But the House map in 2022 favors Republicans, thanks to Republican-led redistricting and a slew of retirements of Democratic lawmakers. That means the shifting political winds are more likely to merely blunt any Republican wave in the House rather than save the Democratic majority.Primary races and special elections, which fill seats that are vacated before the end of a lawmaker’s term, are not necessarily reliable predictors of general election turnout, Republicans note.“Majorities are won in November, not August,” said Michael McAdams, the communications director for the National Republican Congressional Committee, the House Republicans’ official campaign arm. “We look forward to prosecuting the case against Democrats’ failed one-party rule that’s left American families worse off.”That endeavor is becoming harder. Falling gas prices have robbed Republicans of the starkest visual evidence of inflation. Passage in recent weeks of legislation to control prescription drug prices, tackle climate change, extend health insurance subsidies, bolster domestic semiconductor manufacturing and impose tighter gun controls on teenagers and the mentally ill have given Democrats achievements to run on while countering accusations of a do-nothing Congress.And the F.B.I.’s seizure of hundreds of highly classified documents from Mr. Trump’s Florida home has put the former president back into the spotlight as Democrats press their efforts to cast Republicans as extremists and make the November election a choice between the two parties, not a referendum on President Biden.Demonstrators against former President Donald J. Trump near Mar-a-Lago in Palm Beach, Fla., shortly after the FBI recovered boxes of government documents.Saul Martinez for The New York TimesFor the first time since the fall of 2021, polling averages indicate a narrow majority of voters who say they prefer Democratic over Republican control of Congress.Even some Republicans own up to nervousness.“It looks like troubling clouds on the horizon to me,” said Representative Billy Long, a Republican from Missouri. “The Republicans need to heed Satchel Paige’s advice of ‘Don’t look back. Something may be gaining on you.’”And yet, for all the trend lines tilting toward Democrats, there is still the unavoidable math of the midterms.Read More on Abortion Issues in AmericaFetal Personhood: A push to grant fetuses the same legal rights as people is gaining momentum, as anti-abortion activists move beyond bans and aim to get the procedure classified as murder.Struggling to Decode Laws: Doctors’ concerns about complying with new abortion bans left a pregnant Louisiana woman with a fatal diagnosis for her fetus, but no clear path for an abortion.Surrogacy Industry: Fearful of legal and medical consequences of new abortion laws, gestational surrogates and those working with them are rewriting contracts and changing the way they operate.A Rare Prosecution: A teenager used pills to terminate her pregnancy at home with the aid of her mother. Their Facebook messages are now key evidence in a rare prosecution over abortion.Republicans need a mere five seats to win a House majority — and their candidates are in strong positions to win the bulk of nine districts that Mr. Trump would have won easily two years ago if the new maps had been in place. Seven of those nine seats do not have a Democratic incumbent to defend them. Republicans might have their pick of another seven Democratic seats that Mr. Trump would have won in 2020, though by narrower margins. Four of those have no incumbent to defend them.The nonpartisan Cook Political Report rates 10 Democratic seats as leaning toward or likely to be Republican, against three Republican seats that lean Democratic. That works out to a Republican majority.“The Republicans don’t need a wave to win back the House,” said Nathan L. Gonzalez, a nonpartisan House election analyst. “There will be some Democrats who win in Trump districts, but they will be the exceptions, not the rule.”Still, more than a dozen interviews with Democratic candidates illustrated the consistency of their optimism. They all saw Democratic and independent voters as newly energized by the abortion issue. They believed recent Democratic achievements had changed their image as an ineffectual majority to an effective one. And they detected real fear among voters of a resurgent, anti-democracy right wing, abetted by the Republican leadership. More

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    Matt Castelli’s Long-Shot Race to Defeat Elise Stefanik

    GLENS FALLS, N.Y. — Matt Castelli has spent much of his career in the shadows.Over nearly 15 years at the Central Intelligence Agency, he hunted down terrorists in one way or another. Half-Sicilian, with a glistening black beard, he has the look of a global Everyman — someone who you might imagine, in the immortal words of Indiana Jones, “speaks a dozen languages, knows every local custom” and can “blend in, disappear” in any society.Much of what Castelli did in government service he can’t talk about — so it’s hard to know exactly what his accomplishments are. Now, after stints with the National Security Council under the Obama and Trump administrations, Castelli is attempting a radical career shift.He’s running to unseat Representative Elise Stefanik, the No. 3 Republican in the House, who has made an abrupt transition of her own — a Harvard-educated darling of the G.O.P. establishment who is now a pro-Trump bomb-thrower.Castelli, 41, has not received much help from national Democrats, who have all but written off Stefanik’s upstate New York district as a lost cause. In 2020, she won re-election by nearly 18 percentage points, running nine points ahead of President Trump.But after trouncing his primary opponent, a more progressive Democrat, by more than 60 percentage points in Tuesday’s primary, Castelli argues that he has more of a chance to win the North Country, as the area is known, than party officials and pundits expect. (Stefanik ran uncontested.)“This is a moderate district,” Castelli said last week over beers at Fenimore’s Pub in Glens Falls. “And Stefanik is no longer a moderate.”Elise Stefanik and other Republicans defended Donald Trump after the F.B.I.’s search of Mar-a-Lago. Anna Rose Layden for The New York TimesA major component of Castelli’s strategy is leaning into that word: moderate. His campaign collected more than 6,600 signatures to put him on the ballot for the Moderate Party, taking advantage of New York election laws that allow candidates to run on multiple tickets. That total was more signatures than he collected to make the Democratic Party ballot and nearly twice as many as the rules required.He figures there could be thousands of independents and disaffected Republicans who might not stomach voting for a Democrat but would choose a Chevy-pickup-driving, American-flag-waving national security specialist who is not shy about rejecting the left-wing inclinations of, say, Representative Alexandria Ocasio-Cortez of the Bronx.Motivated after Sept. 11 …Raised in Poughkeepsie, N.Y., by a Republican mother and Democratic father, Castelli played baseball in high school, then went to Siena College, a private Franciscan institution near Albany. He was inspired to get a master’s degree in national security studies at Georgetown University after Sept. 11, then joined the C.I.A., where, he says, he “straddled” the agency’s operational and analytical wings as a targeting specialist and, later, a leader of various teams.More Coverage of the 2022 Midterm ElectionsAug. 23 Primaries: The Democratic establishment in Florida and New York had a good night. Here are some key takeaways and a rundown of who won and who lost.The Evidence Against a Red Wave: Since the fall of Roe v. Wade, it’s increasingly hard to see the once-clear signs of a Republican advantage. A strong Democratic showing in a special election in New York’s Hudson Valley is the latest example.Bruising Fights in N.Y.: A string of ugly primaries played out across the state, as Democrats and Republicans fought over rival personalities and the ideological direction of their parties.Challenging DeSantis: Florida Democrats chose Representative Charlie Crist, a former Republican, to take on Gov. Ron DeSantis, setting up a contest between a centrist and a hard-right G.O.P. incumbent.After spending five months in Barack Obama’s National Security Council, he spent a year as a director for counterterrorism in Donald Trump’s tumultuous National Security Council, serving under Lt. Gen. Michael Flynn, then Gen. H.R. McMaster. Castelli then returned to the C.I.A. for about two years in a liaison role while attending business school at Northwestern University on the side, before leaving for the private sector.During his time in two administrations, Castelli also had a front-row seat to the rise of groups like the Islamic State, which gave him a direct appreciation for the blowback America faced in the Islamic world after the wars in Afghanistan and Iraq. After seven C.I.A. officers were killed by a suicide bomber in 2009 at an American base in Khost, Afghanistan, Castelli took a more “operational role,” he said, declining to go into details.… and again after Jan. 6But it was the Jan. 6, 2021, attack on the Capitol, Castelli says, that motivated him to leave his job at a health care company to run for public office. Last year, he moved upstate for the first time and now lives in Glens Falls, an old lumber-mill and paper-factory town near Lake George, and announced his run against Stefanik in September. That has fueled the accusation from Stefanik’s local political machine that Castelli is a carpetbagger — a transplant from Washington, D.C., or, worse, Poughkeepsie.In Castelli’s telling, however, his decision to run against Stefanik was inspired by her defense of Trump and embrace of his conspiracy theories about the 2020 election — even after the assault on the Capitol — offended his sense of patriotism.“It was an attack against our country,” he said. “For those of us who swore an oath to the Constitution, this was an effort to overturn all of that. And for me, it was galling.”Castelli estimates he has put at least 40,000 miles on his Chevy driving around the 21st District, which, at around a third of the state, is one of the country’s largest by geographic area. Plattsburgh is the district’s most populous city, but most of the area is rural — and Stefanik was known to run up 40-point margins over her previous Democratic opponents. More

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    Memo Details Barr’s Justifications for Clearing Trump of Obstruction

    A document released by court order showed how in 2019, Justice Department lawyers argued that President Donald J. Trump had not illegally impeded the Russia investigation.WASHINGTON — The Biden administration released a Trump-era memorandum on Wednesday that provided the most detailed look yet at the Justice Department’s legal reasoning for proclaiming that President Donald J. Trump could not be charged with obstruction of justice over his efforts to impede the Russia investigation.The March 2019 memo, delivered to the attorney general at the time, William P. Barr, concluded that none of Mr. Trump’s actions chronicled in the report by the special counsel, Robert S. Mueller III — from firing his F.B.I. director to pressuring the White House counsel to recant his testimony to prosecutors — could be shown beyond a reasonable doubt to be criminal acts.Many of these actions, two senior Justice Department officials wrote, should be interpreted by an inference that Mr. Trump “reasonably believed” the investigations were impeding his government agenda, meaning he lacked the corrupt intent necessary to prosecute him for obstruction.The Justice Department under both the Trump and the Biden administrations fought unsuccessfully in court to avoid releasing the full text of the memo, which was the subject of a Freedom of Information Act lawsuit by the government watchdog group Citizens for Responsibility and Ethics in Washington.After losing in court on Friday, the Justice Department had the option to appeal the case. But the department’s senior leadership decided to release the document, according to a senior official in federal law enforcement. The leadership never opposed airing its contents, but had contested its release on narrower legal grounds, the person added.The memo’s release in 2022 — long after the Mueller investigation and its aftermath — is largely significant for historical reasons. While Mr. Barr immediately pronounced Mr. Trump cleared of any obstruction of justice offense, he never discussed in detail his rationale for rejecting many of the episodes in the Mueller report.The memo to Mr. Barr was signed by Steven A. Engel, the head of the Office of Legal Counsel, and Ed O’Callaghan, the principal associate deputy attorney general who had been the main liaison between the Justice Department and the special counsel’s office.Outside specialists in white-collar law greeted the disclosure of the memo with some skepticism, describing its tone as essentially that of a defense lawyer in a trial rather than an even-handed weighing of the law and evidence.“Not impressed,” said Samuel Buell, a Duke University law professor and former federal prosecutor. “It reads more like a defense lawyer’s brief than a full and balanced analysis citing the legal authorities.”Among the most significant episodes of potential obstruction described in the Mueller report was Mr. Trump’s dangling of a potential pardon before witnesses like Paul Manafort, his former campaign chairman, while encouraging him not to cooperate with investigators. Mr. Manafort was convicted of financial crimes, and Mr. Trump pardoned him late in his administration.The Trump InvestigationsCard 1 of 6The Trump InvestigationsNumerous inquiries. More

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    What Two Primaries Reveal About the Decline of Working-Class Democrats

    The results of the Democratic congressional primaries in New York City on Tuesday give us a hint of just how far the working-class liberalism once associated with city politics has declined. The winners of two races in particular, Jerrold Nadler and Daniel Goldman, who will almost surely represent much of Manhattan (and a bit of Brooklyn) in the House, emerged as the victors of complicated congressional primaries in districts that were redrawn to reflect national shifts in population.They represent different kinds of New York City Democrats — Mr. Nadler, a longtime congressman, has deep roots in the old grass-roots liberalism of the Upper West Side, while Mr. Goldman is a political newcomer whose star has risen through his association with opposition to Donald Trump — but their shared success nonetheless highlights socioeconomic divisions in Manhattan that have a long history.The primaries reflected the tensions and divisions within contemporary liberalism itself and raise the question of how (or whether) Democrats can effectively represent such radically different constituencies.The changes in the city districts were a result of math — subtraction, to be specific. New York State lost a seat in the House because its population came up short by 89 people in a census conducted in 2020, at the height of Covid in New York. Indeed, if so many New Yorkers had not died in the early months of the pandemic, these contests — particularly the one that pitted Mr. Nadler against his House colleague Carolyn Maloney — would almost certainly not have taken place.Beyond the numbers, though, the primaries were part of a continuing story of class divisions in New York City. In the mid-1930s, the Columbia University sociologist Caroline Ware wrote a study of Greenwich Village that focused on the Irish and Italian immigrants who moved there in the late 19th century and whose Catholic churches still dot the neighborhood.Some at the time saw the Village as a success story of immigrant assimilation. But Professor Ware had a different interpretation. The people of the Village, she suggested, lived side by side but had little contact with one another. They were left to navigate a complicated city as “isolated individuals rather than as part of coherent social wholes.”The national Democratic Party faces a similar class divide between highly educated urbanites and the working-class voters for whom it often claims to speak. It’s no secret that the party has moved away from the fiercely pro-union New Deal politics of the mid-20th century. For much of the 20th century, New York State’s congressional delegation included more than 40 representatives (compared with 27 today), a voting bloc that generally collaborated in support of an expansive social welfare state and working-class interests. New York representatives included many of the country’s most left-leaning politicians (like the Upper West Side’s Bella Abzug).Mr. Nadler and Mr. Goldman come from different backgrounds, politically and economically. Mr. Nadler grew up in the city and got active in politics opposing the Vietnam War. Mr. Goldman is a Washington native who attended Sidwell Friends, Yale, Stanford; he served as assistant U.S. attorney with Preet Bharara in the Southern District of New York.For Mr. Nadler, despite his victory on Tuesday night, the political world he emerged from no longer exists as a vital force. This is in part because of transformations within Democratic politics.Mr. Nadler’s political career was forged at a pivotal moment in the aftermath of New York’s fiscal crisis of the 1970s. He was first elected to the State Assembly in 1976. In the following years, Democratic city officials were forced to increase subway fares, close public hospitals, charge tuition at CUNY and cease to embrace a politically ambitious role for local government. Mr. Nadler was elected to Congress in the early 1990s, when Democratic leaders like Bill Clinton proclaimed the end of the era of big government and were most optimistic about free trade and deregulation despite its impact on cities like New York.He has supported many measures over his long career that would aid working-class people, but at the same time the Democrats have generally backed away from politics that would more forcefully address inequality and the economic divide.Meanwhile, the economic fortunes of Manhattan were also changing — as part of an effort to secure a steadier tax base in the aftermath of the collapse of manufacturing, the city under Ed Koch began to reorient its economy toward Wall Street and real estate development.As Wall Street became an engine of the city’s economy in the administration of Michael Bloomberg, Manhattan’s demographics began moving in largely the opposite direction from the city as a whole. From 2010 to 2020, the white and Asian share of the borough’s population grew, while the Black and Latino share fell.Today, the institutions that had once helped to stitch together constituencies from different ethnic and racial backgrounds, like unions, are far weaker in the city and nationally than they once were. People confront the problems of living in New York through the lens of personal ambition — as “isolated individuals,” as Professor Ware put it — rather than through collective efforts to improve the city’s life.The narrow victory of Mr. Goldman illustrates even more sharply the political crisis of working-class New York. In addition to being an heir to the Levi-Strauss fortune, Mr. Goldman is a type well known to denizens of Lower Manhattan, a successful lawyer who was able to self-fund his campaign. He is clearly a candidate whose political appeal was strongest for the new leaders of the Village and Lower Manhattan, the professional upper classes who work in law firms and investment banks, who fund their children’s schools’ parent-teacher associations and the park conservancies.This is a social world that has little meaningful overlap with the working-class population, often Asian and Latino, that still dwells here but lacks the confident political organization and alliances with the middle class that it once possessed.Mr. Goldman’s political fortunes rose with his role as lead counsel in the first impeachment suit against Mr. Trump; his path to the House was largely paved by this rather than any deep engagement with the kinds of material issues that affect the lives of working- or even middle-class New Yorkers.Mr. Goldman’s race was very close — he won by roughly 1,300 votes. The runner-up, Yuh-Line Niou, a state assemblywoman, ran a campaign whose rhetoric focused on class appeals, but unions and progressive groups proved unable to act in a coordinated way to support any single candidate in a crowded field.Despite their different backgrounds, both Mr. Goldman and Mr. Nadler embody a Manhattan that has shifted in ways that affect not only its own politics but those of the country at large. Their careers point to the divides that Professor Ware pointed out decades ago.In her account, the Village — and New York, and America as a whole — faced the problem of how to respond to the collective problems of a modern industrial society through the lens of a political culture that had been shaped by ruthless individual acquisition. The particular problems have changed, and yet Lower Manhattan remains home to a population that, as dense as it is, is intensely divided by class and ethnicity, that is characterized (as Professor Ware put it) by “an almost complete lack of community integration.”The bitter politics of the August primaries, which reveal yet again the declining power of New York’s liberalism, are the result.Kim Phillips-Fein, a historian at Columbia University, is the author, most recently, of “Fear City: New York’s Fiscal Crisis and the Rise of Austerity Politics” and “Invisible Hands: The Businessmen’s Crusade Against the New Deal.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: [email protected] The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    N.Y. Special Election Shows Power of Abortion Debate to Move Democrats

    Within an hour of the Supreme Court’s decision overturning Roe v. Wade in June, Pat Ryan, a combat veteran, released an ad for his congressional campaign, stressing his support for abortion rights. After Kansans overwhelmingly voted to defend abortion protections this month, Mr. Ryan cast his upcoming race as the next major test of the issue’s power.And on Wednesday, hours after Mr. Ryan won his special election in a battleground district in New York’s Hudson Valley, he said that the lessons from his contest were clear.“Stand up and fight. Stop pulling our punches,” Mr. Ryan said in an interview. “Conventional wisdom is that abortion rights and reproductive rights are a really emotional, very personal topic, but to me that calls even more for being clear, so people really know where your heart is,” he added. Mr. Ryan’s victory in the 19th District of New York quickly topped the list of signs that the fall campaigns may be more competitive, in more places, than strategists in both parties had once anticipated.The New York race also came a few weeks after the Kansas referendum, which showed that voters even in traditionally conservative states believe it is possible to go too far in restricting abortion rights — but that was an up-or-down vote on a single ballot question. Democrats quickly looked to Mr. Ryan’s race to test whether the issue could resonate in a congressional contest, as voters weighed two personalities and a range of other considerations.Special elections are always an imperfect gauge of the electorate. But Mr. Ryan was one of several Democrats to outperform President Biden’s 2020 numbers in contests this summer. Mr. Ryan’s victory is the latest evidence that once apathetic Democrats who had trailed Republicans on questions of enthusiasm are now increasingly engaged, even as the party continues to face significant political headwinds. And some Republicans acknowledge that they no longer have total ownership on enthusiasm.Abortion rights advocates rallied in front of the Nebraska State Capitol in July after a woman was charged with aiding an abortion in Lincoln.Kenneth Ferriera/Lincoln Journal Star, via Associated Press“I worry about us being complacent going into the fall, everyone thinking that these are going to be kind of massive waves, no end in sight, red, red, red, and — doesn’t appear to be that way,” said Robert Blizzard, a veteran Republican pollster. “It’s as if the goal posts have been pushed back a bit on us.”Mr. Blizzard cautioned against overreading the results of special elections and stressed that Democrats continue to face staggering challenges, especially amid Mr. Biden’s abysmal approval ratings. “Until Biden’s approval rating gets out of the toilet with independent voters, it’s still going to be a very good year for Republicans,” he said. Still, he added, “The angrier people is where the energy always is. But you can’t overturn Roe v. Wade and not have some more fired-up Democrats.”A recent NBC poll found that Democrats had closed a significant enthusiasm gap: 68 percent of Republicans expressed a high level of interest in the upcoming election, while 66 percent of Democrats said the same. In March, Republicans had a 17 percentage point advantage on that question, according to NBC.And Tom Bonier, the chief executive of TargetSmart, a Democratic data firm, has released data showing that since the Dobbs v. Jackson Women’s Health Organization decision handed control over abortion protections back to the states, there has been a surge in voter registration among women. They are “mostly younger, and they’re overwhelmingly Democrats,” he said in an interview, adding on Twitter on Wednesday, “Women accounted for 58% of the early/absentee votes in NY19, despite comprising only 52% of registered voters.”“Women have surged in registration in ways that we’ve never seen in this country,” he said. Whether that dynamic lasts through November is an open question, he said, but for now, “it shows no signs of slowing down,” he added.What was especially striking about the result in New York, Mr. Bonier noted, was that the Republican candidate, Marc Molinaro, could be regarded as a “pre-Trump Republican.” In other words, he is a county executive who is well-known locally and kept his messaging far more focused on crime and inflation than on the far-right cultural battles some candidates have embraced.Mr. Molinaro has said both that he would vote against a federal law ensuring abortion access nationwide and that he would oppose a nationwide ban. Abortion is legal in New York.Headed into the special election, some Republicans cautioned that Mr. Ryan could do better than public polling suggested because the contest was held at the same time as New York’s primaries — when independent voters, who appear deeply unhappy with President Biden, are unaccustomed to turning out. Other fundamentals, they argue — including dissatisfaction with the direction of the country — continue to work against the party in power.“Democratic voters were energized by the Supreme Court decision, and because we were running in the midst of a Democratic primary, they showed up to vote,” Mr. Molinaro said in an interview.Through a quirk of New York’s complicated redistricting process, both candidates will run again in November but not against each other. Mr. Molinaro is running for a full term in the new 19th Congressional District. Mr. Ryan is seeking a full term in the neighboring 18th District, which will now contain his home in Ulster County.“November is going to be about, as midterm elections always are, a check on the party in power,” Mr. Molinaro said, arguing that cost of living remained top of mind for many voters. “The dynamic and the turnout and, I believe, the results, are going to be different.”For now, though, it was evident that Mr. Ryan’s efforts to frame the contest as a referendum on abortion rights had resonated with some voters.“You’re going to force a religious right, fundamentalist Christian whatever on the whole country?” said John Ravine, as he came out to vote for Mr. Ryan on Tuesday. Describing himself as “staunchly Catholic,” Mr. Ravine expressed his concerns about the rollbacks of abortion rights across the country. “You can’t do that. You can’t hold a country hostage.”Grace Ashford contributed reporting from Hudson, N.Y. More

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    In N.Y. Primaries, a Fight for the Democratic Party’s Future

    The party’s more moderate establishment declared victory, but a closer look reveals the battle for the soul of the party will grind on.Representative Sean Patrick Maloney, a moderate Democrat from New York City’s northern suburbs, saw a clear-cut lesson in his lopsided primary victory Tuesday night over one of his home state’s brightest left-wing stars.“Tonight, mainstream won,” Mr. Maloney, who also leads House Democrat campaign committee, declared afterward. “Common sense won.”The 30-point margin appeared to be a sharp rebuke to the party’s left flank, which had tried to make the race a referendum on Mr. Maloney’s brand of leadership in Washington. A second, narrower win by another moderate Democrat, Daniel Goldman, in one of the city’s most liberal House districts prompted more hand-wringing among some progressives.But as New York’s tumultuous primary season came to a close on Tuesday, a survey of contests across the state shows a more nuanced picture. Four summers after Representative Alexandria Ocasio-Cortez’s surprise victory ignited Democrats’ left flank and positioned New York at the center of a fight for the soul of the Democratic Party, the battle has entered a new phase. But it is far from abating.Mostly gone this year were shocking upsets by little-known left-leaning insurgents like Ms. Ocasio-Cortez and a gaggle of challengers in Albany. They dislodged an entrenched block of conservative Democrats controlling the State Senate in 2018. Representative Jamaal Bowman defeated a powerful committee chairman in 2020. Those contests made the political left appear ascendant.Kristen Gonzalez, a State Senate candidate supported by the Democratic Socialists of America, won her primary race in a district in Brooklyn and Queens.Janice Chung for The New York TimesTwo years later, though, the tension within the party appears likely to grind on, as progressives struggle to marshal voters into movements as they did during the Trump presidency. At the same time, the party’s establishment wing has regained its footing after President Biden and Mayor Eric Adams, avowed moderates, won the White House and City Hall.“We are past that political and electoral moment,” said Sochie Nnaemeka, the director of New York’s liberal Working Families Party, said of the rapid gains of past election cycles. “The headwinds are a real amount of voter fatigue, economic malaise and just the pressures of everyday life.”Ms. Nnaemeka and her allies still found reason to celebrate on Tuesday though, particularly over state-level contests. Kristen Gonzalez, a tech worker supported by the Democratic Socialists of America, won a marquee Brooklyn-Queens State Senate race over Elizabeth Crowley, despite Mayor Adams and outside special interests openly campaigning against her.“Today, we really proved that socialism wins,” Ms. Gonzalez told jubilant supporters after her win.As moderates backed by well-financed outside groups and well-known leaders like Mr. Adams sought to oust them, progressives also successfully defended key seats won in recent election cycles.Among them were Jabari Brisport, a member of the Democratic Socialists, and Gustavo Rivera, another progressive state senator targeted by Mr. Adams. Mr. Bowman, whose district had been substantially redrawn in this year’s redistricting process, also survived.“We had some really good wins,” Ms. Nnaemeka added. “Despite the headwinds, despite the dark money, despite the redistricting chaos, we sent some of the hardest working champions of the left back to the State Senate to complete the work the federal government isn’t doing right now.”But in many of the most recognizable races, there were clear signs that those wins had limits.Mr. Maloney provided moderates with their most resonant victory, defeating Alessandra Biaggi, a progressive state senator who was part of the 2018 insurgency, by a two-to-one margin. This time, she had the vocal backing of Ms. Ocasio-Cortez. She fiercely critiqued Mr. Maloney as “a selfish corporate Democrat with no integrity.”Alessandra Biaggi mounted an aggressive challenge to Mr. Maloney from the left.Karsten Moran for The New York TimesBut she was drowned out by a flood of outside spending that came to Mr. Maloney’s aid, with attacks centered on her harsh past criticisms of the police. She struggled to quickly introduce herself to voters in a district she had never run in before. Speaker Nancy Pelosi and former President Bill Clinton also openly lent their support to the congressman.In the race for an open Democratic seat in New York City, Mr. Goldman, a former federal prosecutor, beat out three progressive stars in some of the city’s most liberal enclaves. All had once enjoyed the backing of the Working Families Party. And former Representative Max Rose, an avowed centrist attempting to make a comeback on Staten Island, handily turned back a primary challenger championed by activists.The outcomes — along with Gov. Kathy Hochul’s yawning primary victory in June over a left-aligned challenger, Jumaane Williams — left leaders of the party’s more moderate wing crowing over what they see as a more pragmatic mood among the electorate in the aftermath of the Trump presidency. More