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    Hundreds of Jan. 6 Cases

    At the heart of the Jan. 6 investigation are the cases against the riot suspects.Nineteen months after the Jan. 6 attack, hundreds of criminal cases that stem from it are playing out in court. They have been getting less attention than the Justice Department’s scrutiny of Donald Trump, but my colleague Alan Feuer has spent hours and hours watching these trials. This morning, he offers you a glimpse of them.Ian: Who are the Jan. 6 defendants, and what are they charged with?Alan: It’s a wide range. People from all 50 states have been prosecuted. Most are white men from middle- or working-class backgrounds, but there are also women, Hispanic people, Black people. A lot have military backgrounds. There are also professional people, which is unusual for an event involving far-right extremism: doctors, a State Department aide, business owners, people who flew there on a private jet.Most have been charged with misdemeanors and have gotten little to no prison time. Others have been charged with assaulting police officers or damaging government property. And a few hundred people have been charged with obstructing Congress’ certification that day of the Electoral College vote. About 350 defendants have pleaded guilty, and more than 200 have been sentenced. About half a dozen have gotten four years or more, and two have gotten more than seven years.The government is still arresting people, and prosecutors estimate around 2,000 could ultimately face charges.The hearings open windows into defendants’ lives, many of which seem quite dysfunctional. You covered the trial of a defendant named Guy Reffitt, a Texas militia member whose own son turned him in to the F.B.I. and testified against him.If someone is being criminally prosecuted, there’s often some dysfunction in their past. But I’ve been struck by how trauma rests at the center of so many of the Jan. 6 defendants’ lives, whether it’s poverty, addiction or deep family dysfunction. You also see defendants say things to the judge like, I’ve lost everything because of what I did on Jan. 6. My job has been taken from me. My neighbors no longer talk to me. My church has essentially excommunicated me. Please don’t send me to prison as well.Hundreds of defendants are being prosecuted, all in federal court in Washington. How do you keep up?Covid restrictions enabled remote access, which lets me jump from courtroom to courtroom with the push of a button and listen to multiple hearings over the phone in a day.The big exception is trials. I’ve covered two in Washington in person — the Reffitt trial and the case against Dustin Thompson, an unemployed Ohio exterminator. Two seditious conspiracy cases — against members of the Oath Keepers and the Proud Boys, two far-right groups — will likely go to trial later this year, and I’ll almost certainly be in the courtroom for those. I prefer the courtroom. You pick up on body language and facial expressions that aren’t available when you’re just listening in.How many Jan. 6 hearings have you listened to?Hundreds. It’s not really countable at this point.How did you become the reporter who covers these hearings?I’ve covered courts and crime for over 20 years: murders, mafia and police corruption trials and the trial of Joaquín Guzmán Loera, the Mexican drug lord known as El Chapo. I’ve also spent a lot of time covering far-right extremist groups. As I watched the Jan. 6 attack on TV, I actually recognized people in the crowd. As people started getting arrested, I did what I’ve always done: track documents and set up a database of the now 850-plus cases.Pro-Trump protesters storming the Capitol on Jan. 6, 2021.Erin Schaff/The New York TimesHow are these cases different from other criminal proceedings?On one level, the process is the same: Defendants get charged. Some plead guilty, some go to trial. People are acquitted or convicted. But the context is very different. Jan. 6 was a political action that became a federal crime, and politics infuses these cases. Some defendants have argued that they’re being persecuted for their political beliefs. Thompson’s defense was that Trump authorized him to go into the Capitol that day and that he was merely following Trump’s orders. That did not fly in front of a jury. I’ve never covered anything that’s taken place in an atmosphere as polarized as this one.Trump seems to have motivated not only some Jan. 6 defendants to commit violence, but also people who have threatened the F.B.I. after agents searched his home, Mar-a-Lago, this month. Do you see parallels between the groups?The Ohio man who attacked the F.B.I. field office in Cincinnati this month was, in fact, outside the Capitol on Jan. 6. The F.B.I. investigated his role in the riot but never arrested him. In a larger sense, one researcher has found that 15 to 20 million Americans think violence would be justified to return Trump to office. We’ve seen this in the reaction to the Mar-a-Lago raid, but I’m also concerned about what a potential criminal prosecution of Trump could bring. What will the reaction be if Trump is indicted? What will happen on the day he appears in court? What will happen if he goes to trial and is convicted? There may be moments when the risk of violence in defense of Trump is high.As threats of violence become more widespread, it can create an atmosphere in which the threshold for committing actual violence is lowered. When violent rhetoric becomes pervasive, people willing to commit violence feel justified. They feel like there’s community support. It enables them. That’s a reality we all have to start grappling with.More about Alan: Before becoming a reporter, he worked for a private detective agency run by two former New York City police officers. He later spent three years as a stringer for The Times, covering fires, murders and other middle-of-the-night stories in New York before joining the staff in 1999. In 2020, he published a book about El Chapo.For moreIn his final days in office, Trump had done little to leave the White House — but he had packed papers instead of sending them to the National Archives.An associate sought a pardon for Rudolph Giuliani just after the Jan. 6 attack, but the request was intercepted before it reached Trump.NEWSInternationalDestroyed Russian armored vehicles were paraded yesterday in Kyiv.Jim Huylebroek for The New York TimesUkrainian attacks in Crimea, including a drone assault yesterday, appeared on Russian social media, putting domestic pressure on the Kremlin.Mexico’s former attorney general was arrested in connection with the abduction and likely massacre of 43 students in 2014.Two pilots for Africa’s largest airline fell asleep and missed their scheduled window to land in Ethiopia.Other Big StoriesAn influx of migrants has strained New York City’s social safety net.Republican candidates are invoking “the American dream” in a pessimistic tone.UPS drivers, whose trucks lack air conditioning, say heat waves are endangering them.The actor Gary Busey was charged with criminal sexual contact and harassment related to an encounter at a fan convention in New Jersey.FROM OPINIONIf the Justice Department goes after Trump, it can’t afford to miss, Ross Douthat says. Damon Linker thinks voters, not prosecutors, should take down Trump.The dream of a secular, liberal Indian democracy is receding, Maya Jasanoff argues.Let’s skip the “Game of Thrones” prequel, says Scott Woods.The Sunday question: How will Democrats’ legislative successes affect the midterm elections?Democrats’ achievements on climate and gun control could energize base voters and blunt the losses the president’s party typically suffers, New York Magazine’s Ed Kilgore writes. But consumer confidence and Biden’s job approval remain low, and voters overall tend not to reward big policy victories, The Cook Political Report’s Amy Walter notes.MORNING READSJoyce Lee for The New York TimesWeed drinks: They’re becoming widely available, but doctors know little about the effects.Sunday routine: A wine writer plays folk music and visits wine bars.Pickleball: Its popularity is growing rapidly. So is the injury count.A Times classic: The best way to cool your space.Advice from Wirecutter: How to pick the right computer for your kid.BOOKSRead your way through Reykjavik: Iceland has a reputation for having more authors per capita than any country.By the Book: When Frances Mayes discovers that the author of a good book has written others, “that’s bliss.”Our editors’ picks: “Picasso’s War,” a narrative of how modern art came to be celebrated in the U.S., and 10 other books.Times best sellers: Rinker Buck shares his adventures on a wooden flatboat in “Life On The Mississippi,” a nonfiction best seller. See all our lists.THE SUNDAY TIMES MAGAZINEPhilip Montgomery for The New York TimesOn the cover: Willie Nelson’s long encore.Recommendation: Write fan mail to artists you admire.Diagnosis: She couldn’t stand still without pain. What was wrong?Eat: Late summer tomatoes are perfect for Spaghetti al Pomodoro.Read the full issue.THE WEEK AHEADWhat to Watch ForA detective tied to the fatal Breonna Taylor raid is expected to enter a guilty plea on Monday. She would be the first officer convicted in the case.Florida and New York will hold primary elections on Tuesday.Senator Lindsey Graham was ordered to testify before a grand jury on Tuesday in a Georgia investigation into Republican efforts to overturn Donald Trump’s election loss.Wednesday marks six months since Russia invaded Ukraine, as well as Ukraine’s Independence Day.New jobless claims will be announced on Thursday.So-called trigger bans on abortion in Idaho, Tennessee and Texas will go into effect on Thursday.The college football season kicks off on Saturday.What to Cook This WeekKarsten Moran for The New York TimesMussels seem luxurious, but they are among the most budget-friendly seafood options, Tanya Sichynsky writes. Her weeknight dinner recommendations include steamed mussels with garlic and parsley, sheet-pan gnocchi with mushrooms and spinach and linguine with lemon sauce.NOW TIME TO PLAYHere’s a clue from the Sunday crossword:72-Across: Pharmaceutical company whose Nasdaq symbol is MRNATake the news quiz to see how well you followed the week’s headlines.Here’s today’s Spelling Bee. Here’s today’s Wordle. After, use our bot to get better.Thanks for spending part of your weekend with The Times.Matthew Cullen, Claire Moses, Tom Wright-Piersanti and Ashley Wu contributed to The Morning. You can reach the team at [email protected] up here to get this newsletter in your inbox. More

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    There Is No Happy Ending to America’s Trump Problem

    Debate about the search of Donald Trump’s Mar-a-Lago residence has settled into well-worn grooves. Mr. Trump and many Republicans have denounced the act as illegitimate. Attorney General Merrick Garland is staying mostly mum. And Democrats are struggling to contain their enthusiasm.Liberal excitement is understandable. Mr. Trump faces potential legal jeopardy from the Jan. 6 investigation in Congress and the Mar-a-Lago search. They anticipate fulfilling a dream going back to the earliest days of the Trump administration: to see him frog-marched to jail before the country and the world.But this is a fantasy. There is no scenario following from the present that culminates in a happy ending for anyone, even for Democrats.Down one path is the prosecution of the former president. This would be a Democratic administration putting the previous occupant of the White House, the ostensible head of the Republican Party and the current favorite to be the G.O.P. presidential nominee in 2024, on trial. That would set an incredibly dangerous precedent. Imagine, each time the presidency is handed from one party to the other, an investigation by the new administration’s Justice Department leads toward the investigation and possible indictment of its predecessor.Some will say that Mr. Trump nonetheless deserves it — and he does. If Mr. Garland does not press charges against him for Jan. 6 or the potential mishandling of classified government documents, Mr. Trump will have learned that becoming president has effectively immunized him from prosecution. That means the country would be facing a potential second term for Mr. Trump in which he is convinced that he can do whatever he wants with complete impunity.That seems to point to the need to push forward with a case, despite the risk of turning it into a regular occurrence. As many of Mr. Trump’s detractors argue, the rule of law demands it — and failing to fulfill that demand could end up being extremely dangerous.But we’ve been through a version of the turbulent Trump experience before. During the Trump years, the system passed its stress test. We have reason to think it would do so again, especially with reforms to the Electoral Count Act likely to pass during the lame duck session following the upcoming midterm elections, if not before. Having to combat an emboldened Mr. Trump or another bad actor would certainly be unnerving and risky. But the alternatives would be too.We caught a glimpse of those alternative risks as soon as the Mar-a-Lago raid was announced. Within hours, leading Republicans had issued inflammatory statements, and these statements would likely grow louder and more incendiary through any trial, both from Mr. Trump himself and from members of his party and its media rabble-rousers. (Though at a federal judge’s order a redacted version of the warrant affidavit may soon be released, so Mr. Trump and the rest of his party would have to contend with the government’s actual justification of the raid itself.)If the matter culminates in an indictment and trial of Mr. Trump, the Republican argument would be more of what we heard day in and day out through his administration. His defenders would claim that every person ostensibly committed to the dispassionate upholding of the rule of law is in fact motivated by rank partisanship and a drive to self-aggrandizement. This would be directed at the attorney general, the F.B.I., the Justice Department and other branches of the so-called deep state. The spectacle would be corrosive, in effect convincing most Republican voters that appeals to the rule of law are invariably a sham.But the nightmare wouldn’t stop there. What if Mr. Trump declares another run for the presidency just as he’s indicted and treats the trial as a circus illustrating the power of the Washington swamp and the need to put Republicans back in charge to drain it? It would be a risible claim, but potentially a politically effective one. And he might well continue this campaign even if convicted, possibly running for president from a jail cell. It would be Mr. Trump versus the System. He would be reviving an old American archetype: the folk-hero outlaw who takes on and seeks to take down the powerful in the name of the people.We wouldn’t even avoid potentially calamitous consequences if Mr. Trump somehow ended up barred from running or his party opted for another candidate to be its nominee in 2024 — say, Ron DeSantis, the governor of Florida. How long do you think it would take for a freshly inaugurated President DeSantis to pardon a convicted and jailed Donald Trump? Hours? Minutes? And that move would probably be combined with a promise to investigate and indict Joe Biden for the various “crimes” he allegedly committed in office.The instinct of Democrats is to angrily dismiss such concerns. But that doesn’t mean these consequences wouldn’t happen. Even if Mr. Garland’s motives and methods are models of judiciousness and restraint, the act of an attorney general of one party seeking to indict and convict a former and possibly future president of the other party is the ringing of a bell that cannot be unrung. It is guaranteed to be undertaken again, regardless of whether present and future accusations are justified.As we’ve seen over and over again since Mr. Trump won the presidency, our system of governance presumes a certain base level of public spiritedness — at the level of the presidency, in Congress and in the electorate at large. When that is lacking — when an aspersive figure is elected, when he maintains strong popular support within his party and when that party remains electorally viable — high-minded efforts to act as antibodies defending the body politic from the spread of infection can end up doing enduring harm to the patient. Think of all those times during the Trump presidency when well-meaning sources inside and outside the administration ended up undermining their own credibility by hyping threats and overpromising evidence of wrongdoing and criminality.That’s why it’s imperative we set aside the Plan A of prosecuting Mr. Trump. In its place, we should embrace a Plan B that defers the dream of a post-presidential perp walk in favor of allowing the political process to run its course. If Mr. Trump is the G.O.P. nominee again in 2024, Democrats will have no choice but to defeat him yet again, hopefully by an even larger margin than they did last time.Mr. Trump himself and his most devoted supporters will be no more likely to accept that outcome than they were after the 2020 election. The bigger the margin of his loss, the harder it will be for Mr. Trump to avoid looking like a loser, which is the outcome he dreads more than anything — and one that would be most likely to loosen his grip on his party.There is an obvious risk: If Mr. Trump runs again, he might win. But that’s a risk we can’t avoid — which is why we may well have found ourselves in a situation with no unambivalently good options.Damon Linker, a former columnist at The Week, writes the newsletter “Eyes on the Right” and is a senior fellow in the Open Society Project at the Niskanen Center.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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    The New York Primary Being Watched by A.O.C., Pelosi and the Clintons

    Big Democratic names have lined up on both sides of the heated battle between Representative Sean Patrick Maloney and his progressive challenger, State Senator Alessandra Biaggi.SHRUB OAK, N.Y. — Less than three months before the November midterm elections, the man tasked with protecting the imperiled Democratic House majority was contemplating a more immediate challenge: securing his own political survival in a primary contest this week.“How am I doing on the vote?” Representative Sean Patrick Maloney of New York asked a voter as he worked a barbecue here last Wednesday afternoon, dousing a hot dog in mustard and relish and commiserating with older attendees about impatiently awaiting the birth of grandchildren.“I see your commercial every 10 seconds,” the voter told him.New York’s tumultuous primary season, which draws to a close on Tuesday, has no shortage of hard-fought, high-drama contests. But because of Mr. Maloney’s standing as the chair of the House Democratic campaign arm — and given the cast of prominent politicians who have gotten involved in the race — perhaps no New York primary is of greater national consequence than the battle for the newly redrawn 17th District, which includes parts of Westchester County and the Hudson Valley.Mr. Maloney, backed by Speaker Nancy Pelosi and former President Bill Clinton, is fending off a primary challenge from State Senator Alessandra Biaggi, a left-leaning lawmaker who defeated a powerful incumbent in 2018, and now has the support of Representative Alexandria Ocasio-Cortez and a panoply of progressive organizations.Mr. Maloney, on a recent visit to a senior housing community, explained how President Biden’s climate, tax and health care law would affect prescription drug costs.Karsten Moran for The New York TimesBy every standard metric — fund-raising, television presence, available polling, endorsements and the assessments of several local elected officials — Mr. Maloney heads into Primary Day with a strong advantage. But New Yorkers are unaccustomed to voting in August, and low-turnout elections can be especially unpredictable. On the ground, it is apparent that a contested race shaped by ideological, generational and stylistic tensions is underway. The winner is expected to face a competitive general election challenge from emboldened Republicans this fall.“Maloney might be more of my choice just because I’m a fan of Bill’s,” said Tim Duch, 71, referencing the former president whose Chappaqua home is in the new district (Hillary Clinton, who helped lead Ms. Biaggi’s wedding ceremony, has stayed on the sidelines). Nodding to Mr. Clinton’s comment that Mr. Maloney has won competitive races, he added, “I think that’s what Bill Clinton was saying, that he’s more winnable.”Mr. Duch was standing outside a bookstore on Tarrytown’s cafe-lined Main Street with his wife, Lee Eiferman, on Wednesday morning when Ms. Biaggi walked by.“Energy,” Ms. Eiferman, 68, observed after Ms. Biaggi greeted them effusively. Referencing criticism she had heard about Ms. Biaggi concerning her law enforcement stance, Ms. Eiferman added: “She’s for women’s issues, and everything that she’s getting shish-kebabbed on, I’d say bring it on.”Ms. Biaggi, greeting a supporter, Mackenzie Roussos, has argued that voters want a fighter.Karsten Moran for The New York TimesThe contours of the race were set in motion after a messy redistricting process this spring that split Mr. Maloney’s current district in two. Instead of running for a reconfigured version of his current seat, Mr. Maloney opted to contest a slightly more Democratic-leaning district now represented by a Black Democrat, Mondaire Jones, who aligns with the party’s progressive wing.Though Mr. Maloney noted that his Cold Spring home was within the new lines, it set off a nasty brawl. Furious colleagues cast it as a power grab, and Mr. Jones ended up packing his bags for New York City, where sparse public polling now shows him trailing in a race for an open House seat there.Mr. Maloney has acknowledged that he could have handled the process better, and a number of lawmakers who sharply criticized him at the time no longer appear interested in discussing the subject.But Mr. Maloney, 56, has long been regarded as an ambitious political operator, and some hard feelings remain.National tensions were compounded when the Democratic Congressional Campaign Committee elevated a far-right candidate in a Republican primary in Michigan, a move that was sharply criticized by many as hypocritical and dangerous. (Mr. Maloney has defended it by noting his party’s improved prospects in the general election there.)Ms. Biaggi, 36, has seized on both dynamics to lash Mr. Maloney as a notably self-interested politician who does not grasp the urgency of the moment. More

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    Bolsonaro Grabs for Man’s Phone and Gets a New (Insulting) Nickname

    Six weeks ahead of national elections, the Brazilian president was confronted by a protester who tried to ask questions on video. He grabbed the man’s shirt, then tried to snatch his phone.ReutersRIO DE JANEIRO — A motorcade of black vehicles approached Brazil’s presidential palace on Thursday afternoon and then, surprisingly, stopped. To the delight of a crowd gathered under the afternoon sun, out of one of the cars stepped President Jair Bolsonaro.About two dozen selfie-seekers swarmed the president, who smiled and posed for photos. It was one of the impromptu meet-and-greets that Mr. Bolsonaro has become known for during his campaign for re-election.Then the cheerful vibe broke. One man in the crowd began shouting, demanding answers about one of Mr. Bolsonaro’s policies. Mr. Bolsonaro got back into his vehicle.“I’m here every day, Bolsonaro. I want to see you be brave enough to come talk to me,” shouted the protester, Wilker Leão, as he recorded himself on his phone. Repeatedly, he hurled an insult at the president that roughly translates to “the pork-barrelers’ little lap dog,” though a bit more vulgar.President Jair Bolsonaro at a campaign stop in São José dos Campos on Thursday.Carla Carniel/ReutersSuddenly the president exited the vehicle, grabbed Mr. Leão’s shirt and tried to snatch his phone. “Come here,” Mr. Bolsonaro said, gripping Mr. Leão’s arm as he tried to get away. “I want to talk to you.”It was a surprising scene, even by the standards of a president who has rewritten Brazil’s standards for how the leader of Latin America’s largest nation should act. (Think vulgar attacks on his rivals, a stream of false statements and a refusal to admit whether he has been vaccinated.) Video of the incident rocketed around the Brazilian internet — a president scuffling with a constituent just six weeks ahead of national elections.To the political left in Brazil, it was another example of why Mr. Bolsonaro is not fit to serve in the nation’s highest office. To the right, it was another example of how Mr. Bolsonaro is authentic and a man not afraid to take on his critics.What remains to be seen is the incident’s effect on the moderate voters who will effectively decide the election. Mr. Bolsonaro has consistently trailed former President Luiz Inácio Lula da Silva in opinion surveys, though he has recently gained ground, buoyed by Brazil’s improving economy. If no one receives a majority of the votes in the Oct. 2 election, there will be a runoff on Oct. 30.Luiz Inácio Lula da Silva, the front-runner in the coming presidential election, campaigning in São Paulo on Saturday.Miguel Schincariol/Agence France-Presse — Getty ImagesAfter Mr. Bolsonaro grabbed Mr. Leão, the president’s security team quickly pushed the man away, as seen in footage captured by a journalist for the Brazilian news organization G1, as well as by Mr. Leão’s own video. The president’s team then told people to stop filming. The G1 journalist continued to film. Mr. Bolsonaro posed for more photos.Eventually Mr. Leão walked back over, surrounded by the president’s security detail.“Why so aggressive?” Mr. Bolsonaro asked.“Because when I tried to come here, I was forbidden from coming in and talking to you,” Mr. Leão replied.The two men debated Brazilian politics for about five minutes before Mr. Bolsonaro got back into his vehicle and left.Mr. Bolsonaro’s representatives did not respond to a request for comment.Mr. Leão, 26, is a social-media personality with nearly 50,000 followers on both YouTube and Instagram. He told The Times that he is also a lawyer and had gone to the entrance of the presidential residence every day for more than 50 days to question the president on camera.“The main goal was to discuss the mistakes of his government, and his reaction I found quite absurd,” he said. “He likes to raise the flag of freedom of expression, but where is that freedom for the other side who questions him?”Beyond the bizarre sight of the president scuffling with a YouTuber, the insult that Mr. Leão repeatedly shouted at Mr. Bolsonaro has now taken on a life of its own, quickly inspiring memes and parody songs and even being projected onto the side of a building. Critics of Mr. Bolsonaro have quickly latched on to the insult, which is cutting, playful and slightly vulgar all at the same time, as a new label for the polarizing president.The insult — “tchutchuca do centrão” — has posed a particular challenge for foreign correspondents trying to translate it for their audiences. The translation is particularly tricky because both words, “tchutchuca” and “centrão,” are deeply Brazilian and have complicated backgrounds.The “centrão” is the powerful centrist coalition of political parties that effectively controls Congress and has long been criticized for cutting back-room deals to benefit its members and lobbyists. Translators, linguists and others with a deep knowledge of both Brazilian Portuguese and English said it could be translated as “pork barrelers,” “the political establishment” or perhaps “the Big Center.”“Tchutchuca” (pronounced choo-CHOO-kah) is even trickier. Believed to have roots in Angolan and the Indigenous Tupi language, and linked to words that mean “a little crazy” and “jumping around,” a version of it eventually became a sort of term of endearment in Brazil.Then, in 2001, a hit Brazilian funk song gave tchutchuca new life, with a chorus that went: “Come, come, tchutchuca / Come here to your tiger / I’m going to throw you on the bed.” Over time, tchutchuca came to mean a submissive woman.In 2019, the word entered the world of politics when a congressman called Brazil’s economic minister a tchutchuca to the banks.The translators and linguists said that in the context of Mr. Leão’s insult, it could be translated as the centrão’s lap dog or errand boy, or as an epithet referring to a female dog. The Associated Press settled on “darling.” Tom Phillips, the Guardian’s longtime correspondent in Brazil, considered “the establishment’s bimbo” or “pork-barrel tootsie.”Flora Thomson-DeVeaux, an American who has lived in Brazil on and off for more than a decade and who translates books from Portuguese to English, said any English translation of the Brazilian left’s new nickname for Mr. Bolsonaro fails to capture both the quirky sound and the biting, nuanced meaning.“Tchutchuca was innocent and then there was a naughty twist on it. So something like ‘pussycat’ would fit,” she said. “But pussycat is too common parlance in English, so I was thinking something that almost echoed the sound of ‘tchutchuca.’”Her answer? “If it were a novel, I might try to translate tchutchuca as pussy-wussy.”Leonardo Coelho contributed reporting More

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    With Trump, Merrick Garland Can’t Afford to Miss

    The two weeks since the F.B.I. descended on Mar-a-Lago have felt remarkably familiar. It’s not just that Donald Trump is dominating headlines once again; it’s that all the hits of 2017 and 2018 are being played again: legal experts cobbling together complex theories out of fragmentary information, exciting Twitter speculation about espionage and treason, a “this time we’ve got him” spirit unseen since the days of Bob Mueller devotional candles.The familiarity is useful; it means that we can look back and consider why they didn’t “get him” then, why Russiagate ended in a relative fizzle and sealed Republicans into a permanent suspicion of any investigation into Trumpian malfeasance.The Russia investigation was predicated — in the public eye and, at least in part, in its legal origins — on dire and dramatic scenarios: that Donald Trump had been cultivated as an agent of influence by Moscow, that there was a secret alliance between Trump’s inner circle and Russian intelligence, that the Trump campaign and the Russians had effectively collaborated in the hacking and dissemination of the Democratic National Committee’s emails. (And lordy, that maybe there was a pee tape.)None of these scenarios were proved by the investigation. As many Trump critics hastened to argue, the Mueller report did not exonerate the president or his campaign from wrongdoing. But the guilt established or suggested involved many things done in the clear light of day in an election that Trump won (encouraging Russian hackers and touting the information released), things attempted but never brought to fruition (some hapless, “Burn After Reading”-level attempts to connect with Russian dirt peddlers) and possible obstructions of justice in the course of the Mueller inquiry.Meanwhile, it also became clear that the investigation itself was guilty of process abuses, particularly in the way that the F.B.I. went about obtaining FISA warrants. And there was an obvious feedback loop between this investigative overreach and the overheated media coverage — the fact that law enforcement was unwisely using the infamous Steele dossier as a predicate encouraged journalists to amplify the dossier’s extreme scenarios, because after all, if the F.B.I. took them seriously, they must be very serious indeed.The endpoint of the investigation, then, reminded everyone that Trump is a self-interested intriguer surrounded by low-minded hacks. But it also made both the feds and the press look as if they had overreached in search of a Watergate ending. And for the partisan mind, the second part loomed inevitably larger, confirming Trump’s supporters in their belief that whatever sins their man might commit, the deep state was always out to get him.Now here we are again, and like the decisions of Mueller and James Comey before him, Merrick Garland’s choices turn on facts that the public can see only through a glass darkly. But I sincerely hope that the attorney general had the Russiagate experience in mind when he signed off on the search of Mar-a-Lago and that he considers how Mueller’s investigation finished as he considers his next move.The lesson to be drawn is emphatically not that Trump needs to be given permanent immunity because of a “don’t arrest ex-presidents” rule or out of fears that his supporters will take to the streets or launch lone-wolf attacks on the F.B.I.The lesson, rather, is that if the agents of the state come after Trump, and especially now when they come as representatives of an administration that might face him in the next election, they can’t afford to miss.Not only in the jury box but also in the court of public opinion, it needs to be clear, crystal clear, what separates any crimes he might be charged with from — for example — the perjury and obstruction of justice that didn’t send Bill Clinton to prison or the breach of intelligence protocols that Hillary Clinton wasn’t charged with. You don’t just need a plausible legal case that tests interesting questions about presidential declassification powers; you need an easy-to-explain slam-dunk.So if you have Trump taking design documents for nuclear weapons and shopping them to his pals in Saudi Arabia, congratulations — you got him; lock him up. If you have him taking boxes of notes from foreign leaders because he’s a childish egomaniac who thinks that he’s earned his White House souvenirs, well, then take the documents back, declare victory for the public interest and stop there. And if he took documents about the Russia investigation itself, of the sort that he wanted declassified during his presidency, well, tread carefully, lest you trap us all in an awful time loop where it’s forever 2017.It seems like a reasonable presumption that the documents in question are more serious than just some notes to Kim Jong-un but that the potential incrimination falls short of Trump literally selling secrets. But that’s a presumption, not a prediction. I’ve learned to be unsurprised by Trump’s folly and venality but also by his capacity to induce self-defeating blunders among people and institutions I would have considered relatively sensible before his ascent.So no predictions, just the warning: Don’t miss.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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    Giuliani Associate Sought Pardon for Him After Jan. 6, Book Says

    The letter, which also requested that Rudolph W. Giuliani be awarded the Presidential Medal of Freedom, was intercepted before reaching President Donald J. Trump.An associate of Rudolph W. Giuliani, President Donald J. Trump’s personal lawyer, tried to pass a message to Mr. Trump asking him to grant Mr. Giuliani a “general pardon” and the Presidential Medal of Freedom just after the Jan. 6 attack on the Capitol, according to a new book.The associate, Maria Ryan, also pleaded for Mr. Giuliani to be paid for his services and sent a different note seeking tens of thousands of dollars for herself, according to the book, “Giuliani: The Rise and Tragic Fall of America’s Mayor,” by Andrew Kirtzman, who had covered Mr. Giuliani as a journalist. The New York Times obtained an advance copy of the book, which is set to be released next month.Bernard B. Kerik, Mr. Giuliani’s close adviser and the New York City police commissioner for part of his time as mayor, stopped the letter from getting to Mr. Trump. And it is unclear if Mr. Giuliani, who helped lead the efforts to overturn the 2020 election but has repeatedly insisted he did not seek a pardon shielding him from potential charges, was involved in the request.But the letter adds another layer to the complex picture now swirling around Mr. Giuliani as he faces legal fallout from his efforts to try to help Mr. Trump cling to power, including being notified that he is a target in at least one investigation.“Dear Mr. President,” Ms. Ryan wrote in the letter, dated Jan. 10, 2021, according to the book, “I tried to call you yesterday to talk about business. The honorable Rudy Giuliani has worked 24/7 on the voter fraud issues. He has led a team of lawyers, data analysts and investigators.”Key Revelations From the Jan. 6 HearingsCard 1 of 9Key Revelations From the Jan. 6 HearingsMaking a case against Trump. More

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    Stacey Abrams’ Personal Evolution on Abortion Rights

    The Georgia Democrat, a child of Methodist preachers, once identified as an abortion foe. Now, she is putting her defense of abortion rights — and the story of her conversion — at the center of her campaign for governor.DUBLIN, Ga. — On the day that a leaked draft opinion suggested the Supreme Court was poised to overturn Roe v. Wade, Stacey Abrams addressed the abortion rights group Emily’s List and preached about abortion rights with “the zeal of the converted.”Early in her professional career, she opposed abortion rights, she volunteered, adding that as a teenager she had criticized a friend who considered having an abortion.“I was wrong,” she said. “But I’ve worked hard to make myself right.”Ms. Abrams is among scores of Democrats pushing their defense of abortion rights to the center of their midterm campaigns, hoping anger over the Supreme Court decision overturning Roe v. Wade will energize the Democratic base and push fence-sitting moderates into her corner. But she is the rare Democrat eager to acknowledge that she didn’t always support abortion rights.The daughter of Methodist ministers living in the Deep South, Ms. Abrams grew up believing abortion was morally wrong. Conversations with other women, a friend’s deliberations over having an abortion and her own political ambitions led her to rethink her stance, she says.Ms. Abrams’ personal approach to talking about abortion is new for the longtime Georgia politician. She did not emphasize her shift when she first ran for governor in 2018. But today, Ms. Abrams says she uses the story to connect with voters who may personally oppose abortion but, perhaps for the first time, are confronting the reality of new government restrictions. In Georgia, most abortions are now banned after six weeks of pregnancy, based on a law signed by Ms. Abrams’ Republican rival, Gov. Brian Kemp.Talking about her own story is “giving them permission to say that choice should exist,” Ms. Abrams said in an interview.“I want people to understand that I know where they’re coming from,” Ms. Abrams said. “But it also creates the opportunity for people to tell you where they stand, as well.”Ms. Abrams’ strategy is something of a throwback. For decades, Democrats treaded carefully when talking about abortion, often assuming voters were disapproving and uncomfortable with the procedure, even if they supported the rights protected by Roe v. Wade. For years, Democratic leaders, starting with Bill Clinton in 1992, declared that their goal was to make abortion “safe, legal and rare,” in an attempt to unite voters with a broad range of views on the issue.For some Democrats, the phrase became emblematic of the party’s willingness to cede ground to abortion rights opponents and attach shame to the procedures. And in the wake of the court’s decision this summer, some are again criticizing the party for using messaging that lets abortion foes frame the debate.“I don’t think that Democrats as a whole — as a party — have talked enough about this issue,” said Renitta Shannon, a Georgia state representative, who did not specifically criticize Ms. Abrams. “All this time, we’ve been relying on the opinion of the court to hold intact people’s reproductive freedom, and that is not a good strategy.”Ms. Abrams has clear reasons for trying to use the issue to cast as wide a net as possible. After voters in conservative Kansas overwhelmingly voted to guard abortion protections, Democrats across the country are hoping the issue shifts momentum in their direction during a year when other political forces — ongoing economic anxiety and President Joe Biden’s weak approval ratings — are working against them.Abortion rights demonstrators outside the Georgia State Capitol in Atlanta shortly after the Supreme Court overturned Roe v. Wade in June.Kendrick Brinson for The New York TimesNearly 55 percent of voters in Georgia oppose the Supreme Court’s ruling reversing Roe v. Wade, according to an Atlanta Journal-Constitution poll released last month.That poll also showed Ms. Abrams trailing Mr. Kemp by five points and, notably, losing ground with Black voters in the state. More

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    Eric Adams Is Using Endorsements to Influence Policy

    The mayor has chosen sides in at least 10 primaries this year, as he looks to enact criminal justice changes and defeat left-leaning candidates.Most big-city mayors, especially those in the relative infancy of their tenures, typically try to avoid wading into fractious party primaries, mindful that their goal is to build consensus.Mayor Eric Adams of New York City does not subscribe to that theory.Just seven months into his first term, Mr. Adams, a Democrat, has injected himself into his party’s divide, making endorsements in roughly a dozen state legislative primaries.Mr. Adams has endorsed incumbents, upstart challengers, and even a minister with a history of making antisemitic and homophobic statements.Behind all the endorsements lies a common theme: The mayor wants to push Albany and his party away from the left, toward the center.“I just want reasonable thinking lawmakers. I want people that are responding to the constituents,” Mr. Adams said Thursday. “The people of this city, they want to support police, they want safe streets, they want to make sure people who are part of the catch-release-repeat system don’t continue to hurt innocent New Yorkers.”In Tuesday’s State Senate primary, the mayor has endorsed three candidates facing rivals backed by the Democratic Socialists of America. The mayor said the endorsements are meant to help elect people willing to tighten the state’s bail law, a move that he believes is needed to address an uptick in serious crime.Mr. Adams’s most striking endorsement might be his decision to back the Rev. Conrad Tillard, who has disavowed his remarks about gay people and Jews, over incumbent Senator Jabari Brisport, a member of the Democratic Socialists.The mayor, who proudly hires people with troubled pasts, said Mr. Tillard is a changed man. During a recent interview on WABC radio, Mr. Tillard said that Mr. Adams was elected with a “mandate” to make New York City safer.“I want to join him in Albany, and I want to join other legislators who have common sense, who realize that without safe streets, safe communities, we cannot have a thriving city,” he said.The mayor has also held a fund-raiser for Miguelina Camilo, a lawyer running against Senator Gustavo Rivera in the Bronx. Mr. Rivera was endorsed by Representative Alexandria Ocasio-Cortez, who has criticized Mr. Adams for some of his centrist views; Ms. Camilo is the candidate of the Bronx Democratic Party.In a newly created Senate district that covers parts of Queens, Brooklyn and Manhattan, the mayor has endorsed a moderate Democrat, Elizabeth Crowley, over Kristen Gonzalez, a tech worker who is supported by the Democratic Socialists and the Working Families Party. Mike Corbett, a former City Council staff member, is also running. The race has been flooded with outside money supporting Ms. Crowley.In Brooklyn, Mr. Adams endorsed incumbent Senator Kevin Parker, who is facing a challenge from Kaegan Mays-Williams, a former Manhattan assistant district attorney, and David Alexis, a former Lyft driver and co-founder of the Drivers Cooperative who also has support from the Democratic Socialists.Senator Kevin Parker, endorsed by the mayor, faces a Democratic Socialist opponent.Michael M. Santiago/Getty ImagesThree candidates — Mr. Brisport, Ms. Gonzalez and Mr. Alexis — whose rivals were supported by Mr. Adams said they are opposed to revising the bail law to keep more people in jail before their trials.“When it comes to an issue like bail reform, what we don’t want to have is a double standard where if you have enough money you can make bail and get out, but if you are poor or working class you don’t,” Ms. Gonzalez said.Mr. Brisport said that the mayor’s motive extends beyond bail and criminal justice issues.Mr. Adams, Mr. Brisport said, is “making a concerted effort to build a team that will do his bidding in Albany.”The mayor did not disagree.In his first dealings with Albany as a mayor, Mr. Adams fell short of accomplishing his legislative agenda. He had some victories, but was displeased with the Legislature’s refusal to accommodate his wishes on the bail law or to grant him long-term control of the schools, two issues central to his agenda.While crime overall remains comparatively low and homicides and shootings are down, other crimes such as robbery, assault and burglary have increased as much as 40 percent compared with this time last year. Without evidence, the mayor has blamed the bail reform law for letting repeat offenders out of jail.Under pressure from the governor, the Legislature in April made changes to the bail law, but the mayor has repeatedly criticized lawmakers for not going far enough.Mr. Adams has raised campaign money for Miguelina Camilo, center. Janice Chung for The New York Times“We passed a lot of laws for people who commit crimes, but I just want to see what are the list of laws we pass that deal with a New Yorker who was the victim of a crime,” Mr. Adams said. The mayor’s strategy is not entirely new. Mayor Michael R. Bloomberg sought influence by donating from his personal fortune to Republicans. Mayor Bill de Blasio embarked on a disastrous fund-raising plan to help Democrats take control of the Senate in 2014. But those mayors were interceding in general elections, not intraparty primaries.In the June Assembly primaries, Mr. Adams endorsed a handful of incumbents facing upstart challengers from the left. He backed Michael Benedetto, an incumbent from the Bronx who beat back a primary challenge from Jonathan Soto, who worked for, and was endorsed by, Ms. Ocasio-Cortez. Mr. Adams also endorsed Assemblywoman Inez E. Dickens in Central Harlem in her victorious campaign against another candidate backed by Ms. Ocasio-Cortez.“The jury is still out on how much endorsements matter, but they do matter for the person being endorsed,” said Olivia Lapeyrolerie, a Democratic political strategist and former aide to Mr. de Blasio. “It’s good to keep your friends close.”Mr. Adams’s influence is not restricted to his endorsements. Striving for a Better New York, a political action committee run by one of his associates, the Rev. Alfred L. Cockfield II, donated $7,500 to Mr. Tillard in May and more than $12,000 to Mr. Parker through August.The mayor’s efforts have come under attack. Michael Gianaris, the deputy majority leader in the Senate, said there is no need to create a new faction in the Senate that is reminiscent of the Independent Democratic Conference, a group of breakaway Democrats that allowed Senate Republicans to control the chamber until they were vanquished in 2018.“Eric Adams was never very good at Senate politics when he was in the Senate,” Mr. Gianaris said. “And apparently he hasn’t gotten much better at it.”It’s unclear how much influence Mr. Adams’s endorsements will have. Sumathy Kumar, co-chair of the New York City chapter of the Democratic Socialists of America, said that with the mayor’s lukewarm approval ratings, she’s betting that on-the-ground organizing will be the deciding factor in what is expected to be a low turnout primary.Mr. Parker said the mayor’s endorsement would be influential in his district and supported Mr. Adams’s push against the left wing of the party.“How many times do you have to be attacked by the D.S.A. before you realize you’re in a fight and decide to fight back?” Mr. Parker said.Emma G. Fitzsimmons contributed reporting. More