More stories

  • in

    Stormy Daniels Tells of Her Encounter With Trump in Tahoe

    Stormy Daniels on Tuesday told jurors her account of a sexual encounter with Donald J. Trump in 2006, an episode that ultimately resulted in the former president’s criminal trial.Despite the objections of Mr. Trump’s lawyers, Justice Juan M. Merchan ruled that it would be up to jurors to decide on the credibility of the porn actress, whose $130,000 hush-money agreement with Mr. Trump before the 2016 election is at the heart of the charges against him. Prosecutors said she would not, however, describe his genitalia, as she did in her book “Full Disclosure.”Mr. Trump denies they ever had sex.The fateful meeting of Mr. Trump and Ms. Daniels nearly 18 years ago took place at a celebrity golf tournament on the banks of Lake Tahoe in Nevada. Mr. Trump was competing there, and Ms. Daniels was working at the event to promote a porn studio, Wicked Pictures.This account is drawn from versions of her story that Ms. Daniels has told in the past. She first described her interactions with Mr. Trump in a 2011 magazine interview. The magazine, Life & Style, agreed to pay her $15,000 for her story, but she never collected because Mr. Trump’s then fixer, Michael D. Cohen — who is now expected to be one of the prosecution’s primary witnesses — had the story killed before publication.The interview was eventually published in a related publication, In Touch Weekly, in early 2018 after The Wall Street Journal revealed her hush-money deal. She described the episode again in her book, which was published later that year.Ms. Daniels has said that at the tournament she rode with Mr. Trump in a golf court while he was playing, and he later asked for her phone number and invited her to dinner.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

  • in

    Prosecutors Ask Judge to Hold Trump in Contempt for a Second Time

    Two days after former President Donald J. Trump was held in contempt and fined for violating the gag order placed on him in his criminal trial in Manhattan, the judge overseeing the case conducted a hearing to determine if Mr. Trump had broken the rules again.Justice Juan M. Merchan did not reach a decision on the question during the 40-minute proceeding that took place on Thursday in Manhattan Criminal Court, where Mr. Trump is being tried on charges of falsifying business records to cover up a hush-money payment to a porn star on the eve of the 2016 election.But during the hearing — the second in the past two weeks concerning violations of the gag order — Justice Merchan heard arguments from prosecutors and Mr. Trump’s lawyers about whether the former president should be sanctioned again for ignoring the protective measure four more times. The allegations stem from Mr. Trump’s recent remarks in interviews and news conferences, including one that took place outside the same courtroom where his trial is being held.On Tuesday, Justice Merchan fined Mr. Trump $9,000 for nine earlier violations. In that ruling, the judge bemoaned the fact that he lacked the authority to issue steeper fines and warned the former president that continued disobedience could land him in jail.The two contempt hearings were the latest reminder of the extraordinary measures that judges have taken to keep Mr. Trump from lashing out at participants in the wide array of legal matters in which he is embroiled.Christopher Conroy, a prosecutor, opened Thursday’s hearing by asking Justice Merchan to fine Mr. Trump $1,000 for each of the four new violations of the gag order that he said took place in recent days as the jury heard evidence.Mr. Conroy reminded the judge that he had imposed the gag order to begin with “because of the defendant’s persistent and escalating rhetoric,” adding that Mr. Trump’s “statements are corrosive to this proceeding and the fair administration of justice.”Mr. Conroy went on to say that Mr. Trump had violated the gag order not only repeatedly, but also willfully.“The defendant thinks the rules should be different for him,” he said.Todd Blanche, a lawyer for Mr. Trump, reprised arguments he made last week. He sought to persuade Justice Merchan that his client’s statements had been made merely in response to political attacks from others — including President Biden.Referring to the rows of reporters behind him in the courtroom, Mr. Blanche said that in a case that has attracted such immense publicity, it was unfair that Mr. Trump was constrained from reacting to verbal assaults.While Justice Merchan seemed open to the idea that Mr. Trump should not be defenseless against attacks from enemies or rivals, he pointed out that the gag order did not bar him from saying whatever he wished about Mr. Biden.The judge also noted that no one has forced Mr. Trump to speak daily to reporters who gather in a courtroom hallway at every break in the proceeding.“The former president of the United States is on trial, and he’s the leading candidate of the Republican Party,” Justice Merchan said. “It’s not surprising we have press in the courtroom.”The first incident the judge was asked to consider took place on April 22 as testimony began. Mr. Trump went after one of the state’s main witnesses, Michael D. Cohen, describing him as a liar to reporters outside the courtroom. Mr. Cohen, who was once a lawyer and fixer for Mr. Trump, is expected to take the stand in the coming weeks and describe how he paid $130,000 to the porn star, Stormy Daniels, on his boss’s behalf to keep her from going public with her story of a sexual encounter with him.Later that same day, Mr. Trump made disparaging remarks about jurors during a telephone interview with a right-wing media outlet, Real America’s Voice. The jury, he said, was “mostly all Democrat,” adding, “It’s a very unfair situation.”The next morning — just before he was scheduled to appear in court for a hearing on his previous violations of the gag order — Mr. Trump attacked Mr. Cohen again during a television interview with an ABC affiliate in Pennsylvania.“Michael Cohen is a convicted liar,” Mr. Trump said, “and he’s got no credibility whatsoever.”Another incident took place on April 25 when Mr. Trump, appearing at a news conference in midtown Manhattan, made a comment to reporters about David Pecker, the former publisher of The National Enquirer. Later that morning, Mr. Pecker would continue his testimony about deals he had reached with the former president to “catch and kill” negative stories about him.“He’s been very nice,” Mr. Trump said. “I mean, he’s been — David’s been very nice. A nice guy.” More

  • in

    Melania Trump Avoids Hush-Money Trial but Shares Her Husband’s Anger

    Melania Trump has long referred to the hush-money case involving Stormy Daniels as her husband’s problem, not hers. But she has privately called the trial a “disgrace” that could threaten his campaign.In January 2018, when she first saw reports that her husband had paid off a porn star, Melania Trump was furious. She jetted off to Palm Beach, leaving the president to languish in Washington. She eventually returned, only to take a separate car to Donald J. Trump’s first State of the Union address.As a criminal trial against Mr. Trump opened on Monday, on charges that he had falsified records to cover up that sex scandal involving Stormy Daniels, Mrs. Trump did not appear. She has long privately referred to the case involving Ms. Daniels as “his problem” and not hers.But Mrs. Trump, the former first lady, shares his view that the trial itself is unfair, according to several people familiar with her thinking.In private, she has called the proceedings “a disgrace” tantamount to election interference, according to a person with direct knowledge of her comments who could not speak publicly out of fear of jeopardizing a personal relationship with the Trumps.She may support her husband, but Mrs. Trump, whose daily news habit involves scouring headlines for coverage of herself, is bound to see headlines involving Mr. Trump and Ms. Daniels that could reopen old wounds. On Monday, Justice Juan M. Merchan, the judge presiding over the case, also said that Mrs. Trump could be among the potential witnesses as the trial gets underway.All of this could put Mr. Trump on shaky ground with his wife, who has defended him in some critical moments — including when he bragged on tape about grabbing women by their genitals — and withheld her public support in others, like when she did not appear alongside him as he locked up victories on Super Tuesday.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

  • in

    The Contagious Corruption of Ken Paxton

    Let’s talk about leadership again. Last week, I wrote about Vivek Ramaswamy and the power of unprincipled leaders to exploit civic ignorance. This week, I want to address the power of leadership to shape character and the problem of corruption in the era of Trump. And for this discussion, we’ll turn to Texas.A very good thing is belatedly happening in the Lone Star State. Republicans are on the verge not merely of expelling one of their own from office, but of expelling someone with the most impeccable of MAGA credentials. The suspended Texas attorney general, Ken Paxton, is facing an impeachment trial in the Texas Senate, and if the early votes are any indication, it’s not going well for him. He’s already lost a number of motions to dismiss the case by margins approximating the two-thirds majority that will be necessary to convict him — and this is an upper chamber that Republicans control 19 to 12.Paxton faces impeachment in large part because seven of his top deputies blew the whistle on him in 2020, claiming that he had engaged in bribery and abuse of office. The charges against Paxton, to which he pleads not guilty, center primarily on his relationship with an investor named Nate Paul. Paxton is accused of providing favors to Paul, including using the power of his office in an attempt to stop foreclosure sales of Paul’s properties, ordering employees not to assist law enforcement investigating Paul and even providing Paul with “highly sensitive information” about an F.B.I. raid on his home.And what did Paxton get in return? Paul reportedly helped Paxton remodel his home and employed Paxton’s mistress. (Paxton’s wife, Angela Paxton, is a Republican state senator who is attending the hearings but is barred from voting on the charges against her husband.)But that’s hardly the complete list of Paxton’s misdeeds. He’s still facing criminal charges — which I’ve long considered questionable — stemming from a 2015 state indictment for securities fraud, and his treatment of the whistle-blowers is also under public scrutiny. Soon after coming forward, every whistle-blower either resigned, was fired or was placed on leave. When they sued for retaliation and improper firing, Paxton attempted to use $3.3 million in taxpayer funds to settle the lawsuit.In addition, following the 2020 election, Paxton filed one of the most outrageous lawsuits in the entire Republican effort to overturn the presidential result. He sued Georgia, Michigan, Pennsylvania and Wisconsin, seeking an order preventing those states from voting in the Electoral College. The suit was so transparently specious that Texas’ respected then-solicitor general, Kyle Hawkins — who was appointed to the post by Paxton — refused to add his name to the complaint. The Supreme Court dismissed the case without even granting it a hearing.Naturally, none of these scandals truly hurt Paxton with Texas Republican voters. He won his 2022 primary runoff against George P. Bush by 36 points. He defeated Democrat Rochelle Garza in the general election by 10 points. Texas primary voters — like Republican primary voters in many other states — decided once again that character is irrelevant so long as their candidate fights the right enemies.But that’s not the end of the story. What’s happening now is a Texas-size version of the civil war that rages across the right. Is it possible for Republicans to police their own, or does Paxton’s devotion to Donald Trump and his zealous commitment to the culture wars excuse his misconduct, however egregious? Is it possible for Republicans to potentially start the slow and painful process of healing the G.O.P.?I date my interest in the moral power of leadership back to 1998, when I was shocked that a number of my progressive friends could shrug their shoulders not just at Bill Clinton’s affair with a White House intern (though I could see their argument that his adultery was a personal matter) but also at his dishonesty under oath. The country was at peace and prosperous, they noted. Besides, weren’t Republicans hypocrites? Newt Gingrich was an adulterer. Bob Livingston, the Louisiana Republican and speaker-designate to succeed Gingrich, also confessed to extramarital affairs and stepped down.In the midst of these revelations, the Southern Baptist Convention — the nation’s largest Protestant denomination — gathered at its annual convention in Salt Lake City and tried to make the simple case to the American people that character counts. It passed a resolution on the moral character of public officials containing this memorable line: “Tolerance of serious wrong by leaders sears the conscience of the culture, spawns unrestrained immorality and lawlessness in the society, and surely results in God’s judgment.”Putting aside the words about God’s judgment, I suspect that a broad range of Americans, regardless of faith, would agree with the basic premise: Corruption is contagious.But why? Consider the relationship between leadership and our own self-interest. Most of us belong to organizations of some type, and unless we’re leading the organization, our income, our power and even our respect within the community can depend a great deal on the good will of the men and women who lead us. In very tangible ways, their character creates our path through our careers, our churches and our civic organizations.Thus, if a leader exhibits moral courage and values integrity, then the flawed people in his or her orbit will strive to be the best versions of themselves.But if a leader exhibits cruelty and dishonesty, then those same flawed people will be more apt to yield to their worst temptations. They’ll mimic the values of the people who lead them.Let me use an analogy I’ve used before: Think of a leader as setting the course of a river. It’s always easier to swim with the current. Yes, you can swim against the current for a while, but eventually you’ll exhaust yourself, and you’ll either yield to the current or leave the stream altogether.And what is the moral current of Trumpism? For Donald Trump’s supporters, tactics that would normally be utterly unacceptable on moral grounds instead become urgent priorities. In this moral calculus, Paxton’s absurd lawsuit against Georgia, Pennsylvania, Michigan and Wisconsin isn’t a mark of shame, but rather a badge of honor.Paxton’s aggressive loyalty to Trump, in other words, acts as a form of indulgence that grants him license in his personal and professional life. Paxton’s acknowledged sins, including his affair, are cheap and tawdry. Yet a constellation of Republican stars are rallying to his side, led by Trump, Donald Trump Jr., Ted Cruz and Steve Bannon. Because he’s a fighter. He goes to war against the left, and if the age of Trump teaches us anything, it’s that the current of his leadership flows eternally toward conflict and self-interest, consequences be damned.It’s hard to overstate how much this ethos contradicts the Christianity that Paxton purports to proclaim. In fact, scriptures teach that the role of the godly man or woman isn’t to yield to power, but to confront power when that power is corrupt. The mission is to swim against the cultural current. That brings me to one of the most grievous abuses of scripture during the Trump presidency — the constant comparison of Trump to King David.Trump is flawed, his supporters acknowledge. But so was David, they argue, and God blessed David. Scripture calls him a man after God’s own heart. But David’s virtues did not excuse his vices. In one of scripture’s most memorable passages, the prophet Nathan not only directly confronted the king but also declared a harsh judgment for David’s sins. And what was David’s response? Repentance. “I have sinned against the Lord,” he said. He then penned a poignant, penitent psalm. “God, create a clean heart for me,” he begs. “Do not banish me from your presence,” he pleads.Does any of that sound like Donald Trump? Does that bear any resemblance to the religious right in the age of Trump? Of course not. The contagious corruption of a broken president and a broken party has turned the hearts of millions of Christians away from scripture’s clear moral commands. They have chosen not to swim against the tide.But the battle is not lost, not entirely. In Ken Paxton’s office there were people who had the courage to confront their leader. They put their careers on the line to confront Texas’ legal king. And even if Paxton himself doesn’t have the integrity to repent and accept the consequences, there are other Republican leaders who can impose consequences themselves. They can start the process of altering the current of the Republican river, away from corruption and deception and back toward integrity and respect for the rule of law.The trial of Ken Paxton may well be the most important political trial of the year. It is in Austin that the G.O.P. directly confronts the enduring legacy of Donald Trump and asks itself, will we completely remake ourselves in his malign image? Or do we possess enough lingering moral fortitude to resist his leadership and at least begin respecting the truth once again?America needs two healthy political parties, and not just because healthy parties create better policies. Healthy parties create better leaders, and better leaders can help repair the fabric of a party, a nation and a culture that has been torn and frayed by a man who told America that the road to power was paved with mendacity, self-indulgence and conflict. Defeating Trump and his imitators is the first step onto a better path. More

  • in

    Entrega y acusación de Donald Trump: lo que sabemos

    Al expresidente se le acusó por su papel en el pago a una estrella porno a cambio de su silencio. Se espera que el martes se entregue a las autoridades de Nueva York.Se espera que Donald Trump, el primer presidente estadounidense acusado de un delito, se entregue a las autoridades en Manhattan el martes, y comparezca en la sala del tribunal por la tarde.Aunque Trump fue acusado la semana pasada, la audiencia del martes marcará la primera vez que se revelen los cargos en el caso, que se enfoca en la participación del expresidente en el pago de dinero para silenciar a una estrella de cine para adultos, Stormy Daniels, quien dijo que había tenido una aventura con él.Un grupo de seguidores de Trump, entre ellos la congresista Marjorie Taylor Greene de Georgia, han planeado u mitin en las afueras del tribunal para protestar contra el fiscal de distrito de Manhattan, Alvin L. Bragg, quien presentó los cargos. Los funcionarios encargados de hacer cumplir la ley de varias agencias se han estado preparando durante semanas para la posibilidad de que haya protestas o escándalos.Bragg ha estado indagando en los pagos por silencio desde el verano pasado, pagos que fueron realizados por Michael D. Cohen, solucionador de problemas de Trump en aquel entonces. Los fiscales formaron un gran jurado en enero, y los jurados votaron para acusar a Trump la semana pasada. Si bien los hechos son dramáticos y la acusación resulta explosiva, el caso contra Trump podría descansar en una teoría legal que no se ha sometido a prueba. No será sencillo asegurar una condena.Esto es lo que sabemos, y no sabemos del caso penal contra Trump:¿Por qué se acusó a Donald Trump?Los fiscales podrían alegar que el pago a Daniels en efecto se convirtió en una donación indebida a la campaña de Trump, asumiendo que el silencio de Daniels lo benefició.T.J. Kirkpatrick para The New York TimesLos cargos contra Trump aún no se han divulgado, aunque dos personas con conocimiento del asunto dijeron que hay más de dos decenas de cargos en la acusación.Se espera que los cargos surjan de un pago que se le hizo a Daniels, quien en octubre de 2016, durante las últimas semanas de la campaña presidencial, intentaba vender su historia de una aventura con Trump.En un principio, los representantes de Daniels contactaron a The National Enquirer para ofrecerle derechos exclusivos de la historia. David Pecker, el editor del tabloide y aliado de Trump, había acordado buscar notas que pudieran ser dañinas para Trump en la campaña de 2016 y en un momento incluso acordó comprar la historia del amorío de otra mujer con Trump y nunca publicarla, una práctica conocida como “atrapar y matar”.Pero Pecker no compró la historia de Daniels. En lugar de ello, él y el principal editor del tabloide, Dylan Howard, ayudaron a gestionar un acuerdo separado entre Cohen y la abogada de Daniels.Cohen pagó 130.000 dólares y Trump luego le rembolsó el dinero desde la Casa Blanca.En 2018, Cohen se declaró culpable de varios cargos, entre ellos crímenes federales de financiamiento de campaña relacionados con el dinero pagado por el silencio de Daniels. El pago, según concluyeron los fiscales federales, equivalía a una donación impropia a la campaña de Trump.En los días posteriores a la declaración de culpabilidad de Cohen, la oficina del fiscal de distrito abrió su propia investigación penal sobre el asunto. Si bien los fiscales federales se centraron en Cohen, la investigación del fiscal de distrito se centraría en Trump.¿Qué pasa después?Trump llegó a Nueva York el lunes luego de viajar desde su propiedad de Mar-a-Lago en Florida y pernoctó en la Trump Tower.Se espera que se dirija el martes al sur de Manhattan para entregarse en la oficina de la fiscalía de distrito de Manhattan, antes de ser procesado en el edificio de los tribunales penales de Manhattan.¿Cómo se va a entregar Trump?Trump será guiado a través de los pasos de rutina del procesamiento de arresto por delitos graves en Nueva York.Si bien lo normal es que los acusados arrestados por delitos graves sean esposados, no está claro si se hará una excepción para un expresidente. La mayoría de los acusados están esposados a la espalda, pero a algunos acusados de delitos de cuello blanco que se considera que representan un menor peligro se les aseguran las manos al frente.Es casi seguro que Trump esté acompañado en cada paso por agentes armados del Servicio Secreto de EE. UU, desde el momento en que sea detenido hasta su comparecencia ante un juez en el imponente Edificio de Tribunales Penales. La ley requiere que estos agentes lo protejan en todo momento.La seguridad del tribunal la brindan los oficiales de la corte estatal, con quienes el Servicio Secreto ya ha trabajado antes. Pero el principal vocero de la agencia federal, Anthony J. Guglielmi, dijo que no podía comentar sobre las medidas que habría para Trump.Después de que sea procesado, es casi seguro que será puesto en libertad previo compromiso con el tribunal, porque es probable que la acusación solo contenga cargos de delitos graves no violentos; según la ley de Nueva York, los fiscales no pueden solicitar que se detenga a un acusado bajo fianza en tales casos.Entonces, ¿qué es lo que Trump habría hecho mal?Michael Cohen, otrora el solucionador de problemas de Trump, se declaró culpable en 2018 de varios cargos, entre ellos a delitos federales de financiamiento de campaña a partir del dinero pagado por el silencio de Daniels.Jefferson Siegel para The New York TimesCuando se declaró culpable en el tribunal federal, Cohen señaló a su jefe. Dijo que había sido Trump quien lo instruyó para que sobornara a Daniels, algo que los fiscales luego corroboraron.Los fiscales también cuestionaron los cheques que Trump le emitía mensualmente a Cohen para reembolsarlo. En documentos judiciales indicaron que la empresa de Trump “contabilizó falsamente” los pagos mensuales como gastos legales y que los registros de la compañía mencionaban un acuerdo de anticipos con Cohen. Si bien Cohen era un abogado y se convirtió en el abogado personal de Trump luego de que este asumió el cargo, no hubo ningún acuerdo de este tipo y el rembolso no estaba relacionado a ningún servicio legal brindado por Cohen.Cohen ha dicho que Trump estaba al tanto del acuerdo falso de anticipo de honorarios, una acusación que podría constituir la base del caso contra el expresidente.En Nueva York, falsear registros de negocios puede constituir un delito, si bien uno menor. Para que el delito ascienda a delito grave, los fiscales del equipo de Bragg deben mostrar que la “intención de defraudar” de Trump incluía la intención de cometer u ocultar un segundo delito.En este caso, el segundo delito podría ser una infracción a la ley electoral. Si bien el dinero que se paga a cambio de silencio no es por sí mismo ilegal, los fiscales podrían argumentar que los 130.000 dólares en efecto se convirtieron en una donación indebida para la campaña de Trump, bajo la teoría de que benefició a su candidatura al acallar a Daniels.¿Será un caso difícil de probar?Podría ser difícil condenar a Trump o enviarlo a prisión. En primer lugar, los abogados de Trump seguramente atacarán la credibilidad de Cohen mencionando sus antecedentes penales. Los fiscales podrían contraatacar diciendo que el excolaborador de Trump mintió hace años por su jefe y ahora está en una mejor posición de brindar detalles de la conducta de Trump.El caso contra Trump también podría girar sobre una teoría legal que no ha sido probada.Según los juristas, los fiscales de Nueva York nunca antes han combinado un cargo de falsificación de registros comerciales con una infracción a la ley estatal electoral en un caso relacionado con unas elecciones presidenciales, o con alguna campaña federal. Debido a que es un terreno legal inexplorado, es posible que un juez lo desestime o reduzca el cargo de delito grave a un delito menor.Incluso si el cargo procediera, equivale a un delito menor de nivel inferior. Si al final Trump fuera declarado culpable, enfrentaría una sentencia de máximo cuatro años, y no sería obligatorio pasar tiempo en prisión.¿Cómo reaccionó Trump a la acusación?Trump respondió en un comunicado, en el que decía que el voto del gran jurado de Manhattan era “una Persecución política e Interferencia Electoral del mayor nivel de la historia”.El comunicado de Trump se hacía eco de lo que ha sido un esfuerzo extraordinario y vertiginoso para tratar de evitar que Bragg lo acuse.Sin embargo, el comunicado fue notable por su tono agresivo contra la fiscalía, y un indicio de lo que podría estar por venir.“Los demócratas han mentido, hecho trampa y robado en su obsesión de intentar ‘Atrapar a Trump’, pero ahora han hecho lo impensable”, escribió Trump. “Acusando a una persona completamente inocente”.Presentó la investigación que resultó en la acusación como la más reciente en una larga retahíla de indagaciones penales que ha enfrentado, ninguna de las cuales ha resultado en cargos.Michael Gold More

  • in

    To Boldly Go Where No President Has Gone Before

    Bret Stephens: Hi, Gail. I have a clear memory of Democrats defending Bill Clinton tooth and nail for lying under oath in the Paula Jones case, about his affair with Monica Lewinsky. At the time, they said it was “just about sex” and that Clinton lied to protect his family and marriage.Morally speaking, is that better than, worse than or equal to the allegation that Donald Trump falsified business records to cover his alleged affair with Stormy Daniels (and possibly another paramour, too)?Gail Collins: Bret, sex scandal aficionado that I am, I’m sorta tempted to go back and revisit Clinton’s argument that he didn’t lie about Monica Lewinsky because it doesn’t count as having sex if … well, no. Guess not.Bret: To say nothing of Clinton parsing the meaning of the word “is.”Gail: Still, I’d say the Stormy Daniels episode — an ongoing, well-financed cover-up during a presidential campaign — was worse.Bret: Hmm. Trump wasn’t president at the time of the alleged affair the way Clinton was. And Daniels wasn’t a starry-eyed 22-year-old intern whose life got destroyed in the process. And lying under oath is usually a felony, unlike falsifying business records, which is usually treated as a misdemeanor.Gail: If you want to argue that Trump’s not the worst sex-scandal offender, I’m fine with it. Won’t even mention Grover Cleveland …Bret: “Ma, ma, where’s my pa?” Always liked Grover.Gail: Of all the investigations into Trump’s egregious misconduct, this strikes me as almost minor compared with, say, trying to change presidential election results, urging a crowd of supporters to march on the Capitol or illegally taking, retaining and hiding secret government documents or …OK, taking a rest.Bret: Totally agree. My fear is that the indictment will focus the media spotlight on Trump, motivate his base, paralyze his Republican opponents and ultimately help him win the G.O.P. nomination. In the first poll after the indictment, Trump’s lead over his Republican rivals jumped. Maybe that will make it easier for Democrats to hold the White House next year, but it also potentially means we could get Benito Milhous Caligula back in office.The only thing that will hurt Trump is if he’s ignored in the press and beaten at the polls. Instead, we’re contributing to the problem just by speaking about it.Gail: OK, now I’m changing subjects. It hurts my heart to talk about this, but we have to consider the terrible school shooting in Nashville — it doesn’t seem to have moved the needle one centimeter on issues like banning assault weapons or 30-round magazines. Pro-gun lawmakers, in light of the Covenant School shooting, are once again arguing that schools would be safer if the teachers could have their own pistols.Bret: I’m not opposed to an armed cop or a well-trained security guard on school campuses, who might be able to respond much faster to an emergency than the police could. Teachers? Seems like a really, really bad idea.With respect to everything else, I’m sometimes inclined to simply give up. Gun control isn’t realistic in a country with more guns than people. Even if stringent gun control were somehow enacted, it would function roughly the same way stringent drug laws work: People who wanted to obtain guns illegally could easily get them. I think we ought to repeal the Second Amendment, or at least reinterpret it to mean that anyone who wants a gun must belong to a “well-regulated militia.” But in our lifetimes that’s a political pipe dream.So we’re left in the face of tragedies like Nashville’s feeling heartbroken, furious, speechless and helpless.Gail: Your impulse to give up the fight is probably sensible, but I just can’t go there. Gotta keep pushing; we can’t cave in to folks who think it’s un-American to require loaded weapons be stored where kids can’t get at them.Bret: Another side of me wants to agree with you. Let’s ban high-capacity magazines, raise the age threshold for gun purchases and heavily fine people if they fail to properly store weapons. I just wonder if it will make much of a difference.Gail: Well, it sure as hell wouldn’t hurt.Bret: Very true.Gail: Let’s move on before I get deeply depressed. We’re slowly creeping toward an election year — close enough that people who want to run for office for real have to start mobilizing. Anybody you really love/hate out there now?Bret: Next year is going to be a tough one for Senate Democrats. They’re defending 23 of the 34 seats that are up for grabs, including in ever-redder states like Montana and West Virginia.I’d love to see a serious Democratic challenger to Ted Cruz in Texas, and by serious I mean virtually anyone other than Beto O’Rourke. And I’d love to see Kari Lake run for a Senate seat in Arizona so that she can lose again.You?Gail: Funny, I was thinking the same thing about Ted Cruz the other night. Wonderful the way that man can bring us together.Bret: He even brings me closer to Trump. “Lyin’ Ted” was priceless.Gail: Another Senate Republican I hope gets a very serious challenger is Rick Scott of Florida, who made that first big proposal to consider slashing Social Security and Medicare.Bret: Good luck with that. Florida may now be redder than Texas.Gail: You’re right about the Democrats having to focus on defense. The endangered incumbent I’m rooting hardest for is Sherrod Brown of Ohio, who’s managed to be a powerful voice for both liberal causes and my reddish home state’s practical interests.Bret: I once got a note from Brown gently reproaching me for using the term Rust Belt about Ohio. The note was so charming, personable and fair that I remember thinking: “This man can’t have a future in American politics.”Gail: And as someone who’s complained bitterly about Joe Manchin over the years, I have to admit that keeping West Virginia in the Democratic column does require very creative and sometimes deeply irritating political performances.Bret: Aha. I knew you’d come around.I don’t know if you’ve followed this, but Manchin is now complaining bitterly that the Biden administration is trying to rewrite the terms of the Inflation Reduction Act, which, with Manchin’s vote, gave the president his biggest legislative win last year. The details are complicated, but the gist is that the administration is hanging him out to dry. Oh, and he’s also skeptical of Trump’s indictment. Don’t be totally surprised if Manchin becomes a Republican in order to save his political skin.Gail: Hmm, my valuation of said skin would certainly drop . …Bret: Which raises the question: How should partisan Democrats, or partisan Republicans, feel about the least ideologically reliable member of their own parties?Gail: Depends. Did they run as freethinkers who shouldn’t be relied on by their party for a vote? Manchin got elected in the first place by promising to be a Democrat who’d “get the federal government off our backs.” But often this explosion of independence comes as a postelection surprise.Bret: Good point. There should be truth in advertising.Gail: Do they — like Kyrsten Sinema of Arizona — forget their nonpartisanship when it comes to dipping into donations from partisan fund-raisers?And probably most important — is there a better option? If Sinema had to run for re-election this year, which she doesn’t, I would be a super-enthusiastic supporter if the other choice was Lake, that dreadful former talk show host.Any thoughts on your end?Bret: In my younger, more Republican days, I used to dislike ideological mavericks — they made things too complicated. Now that I’m older, I increasingly admire politicians who make things complicated. I know there’s a fair amount of opportunism and posturing in some of their position taking. But they also model a certain independence of thought and spirit that I find healthy in our Age of Lemmings.Gail: Hoping it’s maybe just the Decade of the Lemmings.Bret: If I had to draw up a list of the Senate heroes of my lifetime, they’d be Daniel Patrick Moynihan, John McCain, Howard Baker, Bob Kerrey and Joe Lieberman. And lately I’d have to add Mitt Romney. All were willing to break with their parties when it counted. How about you?Gail: Well, you may remember that a while back I was contemplating writing a book called “How Joe Lieberman Ruined Everything.”Bret: I recall you weren’t his biggest fan.Gail: Yeah, still blaming him for failing to give Al Gore the proper support in that 2000 recount. But I’ve come around on Mitt Romney. He’s become a strong, independent voice. Of course it’s easier to be brave when you’re a senator from a state that would keep re-electing you if you took a six-year vacation in the Swiss Alps. Nevertheless, I’ve apologized for all that obsessing about his putting the dog on the car roof.Bret: I came around on him too. I was very hard on him in 2012. Either he got better or I got wiser.Gail: I was a big admirer of John McCain. Will never forget following him on his travels when he first ran for president in 2000. He spent months and months driving around New Hampshire talking about campaign finance reform. From one tiny gathering to another. Of all the ambitious pols I’ve known he was the least focused on his own fortunes.Bret: I traveled with McCain on his international junkets. He was hilarious, gregarious, generous, gossipy — a study in being unstudied. If he had won the presidency, the Republican Party wouldn’t have gone insane, American democracy wouldn’t be at risk and Sarah Palin would be just another lame ex-veep.Gail: So, gotta end this with the obvious question, Bret. Republican presidential race! You’re a fan of Nikki Haley, but her campaign doesn’t seem to be going much of anywhere, is it? I know you’ve come to detest Ron DeSantis. Other options?Bret: Biden, cryonics or some small island in the South Atlantic, like St. Helena. Not necessarily in that order.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: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More