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    F.D.I.C. Says Banks Need to Keep a Record of Their Fintech Customers

    Banks holding customer funds for money management apps should keep track of customers’ identities and balances, the agency says.When a banking software company collapsed this spring, thousands of people keeping cash in online money management apps found themselves cut off from their own money for months. On Tuesday, the Federal Deposit Insurance Corporation proposed new rules designed to prevent that from happening again.Customers often choose to put money they would otherwise hold in a bank checking account into an online app. Some apps offer higher interest rates on deposits than traditional banks do, while others offer customers new saving and investing plans or small loans ahead of their paydays.But money that customers send to online financial companies almost always ends up in a brick-and-mortar bank — and sometimes it is pooled into a single account. Customers often do not know which bank has their money.Banks are under no obligation to keep track of the identity of fintech customers. The federal bank regulator’s proposal would require the banks to pay more attention.Traditional banks holding funds for fintech customers would have to know each person’s identity and keep daily tabs on their balances. They would have to make sure that, no matter what happened to the other companies in the chain linking customers to their funds, the banks had a record of those funds and could share their identities and balances with regulators.This change would also help if a bank at the end of one of those long chains of software companies were to fail, the regulators said on Tuesday. At present, it is hard for the F.D.I.C. to determine whose money is covered by the $250,000 deposit insurance guarantee.Senior F.D.I.C. officials said in a briefing held for journalists on Tuesday that while they had been contemplating such rules for years, the collapse this spring of Synapse Financial Technologies, which operated banking software for online lenders, provided a good real-world example of how customers could be harmed.When Synapse filed for bankruptcy and shut down its services, it said it had only $2 million in cash on hand. But customers who had funds at the online lenders Synapse supported were collectively cut off from $300 million of their own money. The F.D.I.C. said it had received more than 1,000 customer complaints related to Synapse since May.The banks that take deposits from fintech customers are often small institutions trying to grow. Their managers could complain about having to meet new record-keeping requirements. Regulators said on Tuesday that any new requirements would apply narrowly to banks taking the kinds of deposits that could get lost in a chain of software companies.There are other methods smaller banks use to swap deposits and increase their customers’ deposit insurance coverage that would not be affected by the new proposal, the regulators said.The proposal made Tuesday was the first step toward putting the new rules in place. Regulators now want banks and other members of the public to provide feedback to help shape it. More

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    The Woman Who Tried to Make Porn Safe for Feminism

    How the archive of Candida Royalle, a porn star turned pioneering director, landed at Harvard — and inspired a new book challenging the conventional history of the sexual revolution.Harvard’s Schlesinger Library is the nation’s leading repository for women’s history, home to the papers of suffragists and social reformers, poets and politicians, the collective behind “Our Bodies, Ourselves” and iconic figures like Amelia Earhart, Angela Davis and Julia Child.But in its basement vaults, carefully preserved in a box, you can also find a rather different artifact: a costume from the 1978 pornographic comedy “Hot & Saucy Pizza Girls.”The movie, starring John C. Holmes as a pimp who oversees a prostitution ring masquerading as a pizza delivery service, was history-making in its own way, as one of the earliest examples of what became a classic trope — porn with pepperoni. But the costume is at the Schlesinger because of another name on the bill: Candida Royalle.Royalle, who died in 2015, was a minor celebrity in her day. She was a porn star from the 1970s golden age who moved to the other side of the camera, producing feminist erotica that focused on female fantasies, and female audiences.During the so-called sex wars of the 1980s, Royalle faced off against anti-porn feminists like Andrea Dworkin and Catharine MacKinnon, who dismissed women in the profession as stooges of the patriarchy. And in the 1990s, she became a godmother to the mediagenic sex-positive feminists riding feminism’s third wave.Today, Royalle’s name may ring few bells. But her voluminous archive is now housed at Harvard, where the trove of diaries, letters, photographs, scrapbooks, videos and memorabilia is opening up a new window onto the sexual revolution.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

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    2 Charged After Pouring Red Powder Over Case Holding U.S. Constitution

    Two activists poured the powder over the protective case at the National Archives Museum last month to call attention to climate change, prosecutors said.Two climate activists who dumped red powder over the display case that contains the U.S. Constitution at the National Archives Museum last month were charged on Thursday with destruction of government property, prosecutors said.The activists, Donald Zepeda, 35, of Maryland, and Jackson Green, 27, of Utah, poured the powder over the display case in the rotunda of the building on Feb. 14 as part of a “stunt, which was intended to draw attention to climate change,” the U.S. Attorney’s Office for the District of Columbia said in a statement on Friday.During the episode, which officials said was captured on video by supporters of Mr. Green, the two men also poured red powder over themselves and then stood before the Constitution as they called for solutions to climate change.The Constitution was not damaged, according to the National Archives Museum, which said that the powder was found to be a combination of pigment and cornstarch.“Fortunately, the four pages of the Constitution on display were not at risk for damage by this incident,” said Stephanie Hornbeck, a national preservation program officer.The rotunda was closed after the episode, which cost more than $50,000 to clean up, prosecutors said.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

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    Special Counsel in Biden Documents Case Is Expected to Release Report Soon

    Most of the work by Robert K. Hur appears to have wrapped up after President Biden sat down with investigators in October, according to people in Mr. Biden’s orbit.Robert K. Hur, the special counsel investigating President Biden’s mishandling of documents retained from his vice presidency, is expected to release his report soon, according to people with knowledge of the situation.The imminent release of the report suggests that Mr. Hur is nearing the end of an investigation that began just over a year ago.It is expected to criticize Mr. Biden and his aides for sloppy record-keeping and storage, according to people in Mr. Biden’s orbit, speaking on the condition of anonymity to discuss the matter. But those people have long believed he will not be charged with any crime, judging from the lines of inquiry prosecutors have pursued in their interviews with witnesses and the president’s cooperation with investigators.Most of Mr. Hur’s work was completed in the final days of 2023, and appears to have wrapped up after Mr. Biden sat down with investigators in October, those people said. He also conducted interviews with several longtime advisers in the Biden administration, including the former chief of staff Ron Klain, Secretary of State Antony J. Blinken, Jake Sullivan, the national security adviser, and Steve Ricchetti, his counselor.Former President Donald J. Trump, who was charged over the summer with obstructing the government’s efforts to reclaim classified materials at his resort in Florida, is likely to seize on the report to downplay his own legal woes — and to claim the Justice Department has targeted him politically while letting Mr. Biden escape punishment.But Mr. Hur’s investigation does not appear to be comparable in scope or seriousness to Mr. Trump’s retention of sensitive government documents.Mr. Biden’s lawyers immediately notified the National Archives and Records Administration upon discovering a cache of classified documents in late 2022 when they were closing an office in Washington he occupied after leaving the vice presidency in 2017. They have since cooperated with the Justice Department, and gave the F.B.I. access to his house in Wilmington, Del., where they discovered more material.Mr. Trump, by contrast, repeatedly resisted requests from the National Archives, which is responsible for storing sensitive White House documents, initially turned over only a portion of what he had taken when he left office in January 2021. He failed to fully respond to a subpoena to return the rest and ultimately was subjected to a search of his home and office by F.B.I. agents with a warrant.Last January, Attorney General Merrick B. Garland appointed Mr. Hur, a veteran prosecutor who worked in the Trump administration, to examine “the possible unauthorized removal and retention of classified documents or other records discovered” after Mr. Biden left the Obama administration.With the exception of President Barack Obama, every occupant of the Oval Office since Watergate has confronted a special prosecutor scrutinizing him or members of his staff, sometimes for relatively narrow matters but at other times for issues that have mushroomed into the threat of impeachment. More

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    Material From Russia Investigation Went Missing as Trump Left Office

    A binder given to the Trump White House contained details that intelligence agencies believe could reveal secret sources and methods.Material from a binder with highly classified information connected to the investigation into Russian efforts to meddle in the 2016 election disappeared in the final days of Donald J. Trump’s presidency, two people familiar with the matter said.The disappearance of the material, known as the “Crossfire Hurricane” binder for the name given to the investigation by the F.B.I., vexed national security officials and set off concerns that sensitive information could be inappropriately shared, one of the people said.The material’s disappearance was reported earlier Friday by CNN. The matter was so concerning to officials that the Senate Intelligence Committee was briefed about it last year, a U.S. official said.The binder consists of a hodgepodge of materials related to the origins and early stages of the Russia investigation that were collected by Trump administration officials. They included copies of botched F.B.I. applications for national-security surveillance warrants to wiretap a former Trump campaign adviser as well as text messages between two F.B.I. officials involved in the inquiry, Peter Strzok and Lisa Page, expressing animus toward Mr. Trump.The substance of the material — a redacted version of which has since been made public under the Freedom of Information Act and is posted on the website of the F.B.I. — is not considered particularly sensitive, the official said.But the raw version in the binder contained details that intelligence agencies believe could reveal secret sources and methods. (The publicly available version contains numerous portions that were whited out as classified.)It is not clear if the missing material comprises the entire original binder of material provided to the White House for Mr. Trump’s team to review and declassify in part before leaving office. Among other murky details, it is not known how many copies were made at the White House or how the government knows one set is missing.The binder has been a source of recurring attention since January 2021, just before Mr. Trump left office. At the time, Mr. Trump’s aides prepared redactions to some of the material it contained because the president — who was obsessed with the Russia investigation and believed his political enemies had used it to damage his presidency — planned to declassify it and make it public.Officials made several copies of the version with the redactions, which some Trump aides planned to release publicly.Mr. Trump’s White House chief of staff, Mark Meadows, had a copy of material from the binder given to at least one conservative writer, according to testimony and court filings.But when Justice Department officials expressed concerns that sharing some of the material would breach the Privacy Act at a time when the department was already being sued by Mr. Strzok and Ms. Page for having publicly released some of their texts, the copies were hastily retrieved, according to two people familiar with the matter.Mr. Trump was deeply focused on what was in the binder, a person close to him said. Even after leaving the White House, Mr. Trump still wanted to push information from the binder into the public eye. He suggested, during an April 2021 interview for a book about the Trump presidency, that Mr. Meadows still had the material.“I would let you look at them if you wanted,” Mr. Trump said in the interview. “It’s a treasure trove.”Mr. Trump did not address a question about whether he himself had some of the material. But when a Trump aide present for the interview asked him, “Does Meadows have those?” Mr. Trump replied, “Meadows has them.”“We had pretty much won that battle,” Mr. Trump added, referring to questions about whether his 2016 campaign had worked with Russia. “There was no collusion. There was no nothing. And I think it was maybe past its prime. It would be sort of a cool book for you to look at.”George J. Terwilliger III, a lawyer for Mr. Meadows, said the former chief of staff was not responsible for any missing material. “Mark never took any copy of that binder home at any time,” he said.A person familiar with the matter said, shortly after the court-authorized search of Mar-a-Lago in August 2022 by F.B.I. agents looking for classified documents, that they had not found any Crossfire Hurricane material.Adding to the confusion about the material and who was in possession of it, a set of the Russia investigation documents that Mr. Trump believed he had declassified did not have their classification markings changed when they were given to the National Archives, according to a person with knowledge of the matter.At the time, Mr. Trump was in a standoff with the archives over the reams of presidential material he had taken with him upon leaving the White House on Jan. 20, 2021, and was resisting giving back. So Mr. Trump told advisers he would give back those boxes in exchange for the Russia-related documents.Aides never pursued his suggestion.In the run-up to the 2020 election, John Ratcliffe, then Mr. Trump’s director of national intelligence, declassified around 1,000 pages of intelligence materials related to the Russia investigation, which Trump allies used to try to discredit the inquiry.In 2022, Mr. Trump made John Solomon, a conservative writer who had been briefly given the binder before it was retrieved, one of his representatives to the National Archives. This allowed Mr. Solomon to see Trump White House records deposited with the agency. He later filed a lawsuit against the government asking a court to order the Justice Department to send the binder to the archives so that he could have access to it.A court filing he submitted in August described the binder as about 10 inches thick and containing about 2,700 pages. The publicly released version includes fewer than 600 pages, many heavily redacted; it is not clear what accounts for the discrepancy.The filing said Mr. Solomon had been allowed to thumb through a version of the binder at the White House on Jan. 19, 2021. The contents, it said, included a 2017 F.B.I. report about its interview of Christopher Steele, the author of a dossier of unverified claims about Trump-Russia ties; “tasking orders” related to an F.B.I. confidential human source; “lightly-redacted” copies of botched surveillance warrant applications; and text messages between the F.B.I. officials.The filing said Mr. Solomon or an aide had gone back to the White House that evening and had been given a copy of the materials in the binder in a paper bag, and that separately a Justice Department envelope containing some of the documents had been delivered to his office.But as Mr. Solomon’s office was scanning the larger set, the filing said, the White House requested that the documents be returned so certain private details could be removed. Mr. Meadows promised Mr. Solomon he would get back the revised binder, it said, but he never did.When Mr. Solomon later tried to see the binder within the Trump White House records at the National Archives, he said, the agency denied him access to a box of 2,700 pages “with varying types of classification and declassification markings” that it said it was obligated to treat as highly classified. The agency also told him it did not have the declassified version of the binder that Mr. Solomon had briefly possessed, because the Justice Department still has it. More

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    Fact-Checking Trump’s Speech After His Arraignment

    Hours after pleading not guilty to 34 counts of filing false business records, former President Donald J. Trump maintained his innocence before a crowd of supporters in Florida. Here’s a fact-check.WASHINGTON — Hours after pleading not guilty to 34 counts of filing false business records in a courtroom in Lower Manhattan, former President Donald J. Trump maintained his innocence on Tuesday before a crowd of supporters at Mar-a-Lago, his estate and private club in Florida.He repeated a host of familiar and inaccurate attacks on his opponents. Here’s a fact-check of his remarks.What WAS Said“From the beginning, the Democrats spied on my campaign, remember that? They attacked me with an onslaught of fraudulent investigations. Russia, Russia, Russia, Ukraine, Ukraine, Ukraine impeachment hoax No. 1, impeachment hoax No. 2, the illegal and unconstitutional raid on Mar-a-Lago right here.”This is misleading. This list covers five years’ worth of grievances that Mr. Trump long harbored and largely misconstrues the various investigations into his campaign, administration and conduct.Mr. Trump has complained for years that the counterintelligence investigation the F.B.I. opened in July 2016 about Russia’s interference in the presidential election was an attack on his campaign.He was first impeached in 2019 for abuse of power and obstruction of Congress for soliciting election assistance from Ukraine at the same time he was withholding a White House meeting and nearly $400 million in vital military assistance for the country.He was impeached again in 2021, one week before he left office, for inciting an insurrection on Jan. 6, 2021, after he lost the 2020 presidential election.The F.B.I. searched Mar-a-Lago in August for classified documents that Mr. Trump was thought to have improperly removed from the White House. The search was not illegal and occurred after the Justice Department obtained a warrant.What WAS Said”And now this massive election interference at a scale never seen before in our country, beginning with the radical left George Soros-backed prosecutor Alvin Bragg of New York.”This needs context. The links between Alvin L. Bragg, the Manhattan district attorney who has brought the case against Mr. Trump, and George Soros, the financier and Democratic megadonor, are real but overstated. (Attacks that portray Mr. Soros as a “globalist” mastermind often veer into antisemitic tropes.)In reality, Mr. Soros donated to a liberal group that endorses progressive prosecutors and supports efforts to overhaul the criminal justice system — in line with causes that he has publicly supported for years. That group used a significant portion of the money, but not all of it, to support Mr. Bragg in his 2021 campaign.A spokesman for Mr. Soros said that the two men had never met and that Mr. Soros had not given money directly to Mr. Bragg’s campaign.What WAS Said“That has absolutely nothing to do with openly taking boxes of documents and mostly clothing and other things to my home, which President Obama has done.”.css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.False. Mr. Trump has repeatedly and wrongly compared his handling of classified documents to that of his predecessor.After his presidency, Mr. Trump took a trove of classified documents — including 18 marked as top secret — to Mar-a-Lago.In contrast, the National Archives and Records Administration, which preserves and maintains records after a president leaves office, has said in a statement that former President Barack Obama turned over his documents, classified and unclassified, as required by law.The agency has also said it is not aware of any missing boxes of presidential records from the Obama administration.What WAS Said“In fact, they seem to have forgotten about his documents entirely, so many, thousands and thousands. It’s OK with him. They like to say that I’m obstructing, which I’m not, because I was working with NARA very nicely until the raid on my home. Biden is obstructing by making it impossible to get the 1,850 boxes.”False. Mr. Trump is again drawing an inaccurate comparison between his and President Biden’s improper handling of classified documents.The Justice Department appointed a special counsel to investigate Mr. Biden’s handling of documents in January, two months after the initial discovery of classified material at an office he had used at a Washington think tank. So clearly the matter was not “forgotten,” nor was Mr. Biden given an “OK.”Officials at the National Archives and Records Administration might also disagree with Mr. Trump’s assertion that he was cooperating “very nicely” with archivists responsible for storing and accounting for his presidential records. NARA asked Mr. Trump to return documents in spring 2021 once it had discovered files were missing and received them only after months of asking.As for Mr. Biden’s 1,850 boxes, that was referring to a collection of documents he had donated to the University of Delaware in 2012 from his tenure as a senator representing the state from 1973 to 2009. Unlike presidential documents, which must be released to NARA once a president leaves office, documents from members of Congress are not covered by the Presidential Records Act. It is not uncommon for senators and representatives to give such items to research or historical facilities.The university agreed to not give the public access to Mr. Biden’s documents from his time as senator until two years after he retired from public life. But the F.B.I. did search the collection in February as part of the special counsel investigation and in cooperation with Mr. Biden’s legal team. The New York Times reported at the time that the material was still being analyzed but did not appear to contain any classified documents.What WAS Said“I have a Trump-hating judge with a Trump-hating wife and family whose daughter worked for Kamala Harris.”This needs context. Loren Merchan, the daughter of the judge presiding over the case, is the president and a partner at a digital campaign strategy agency that has done work for many prominent Democrats, including the 2020 campaigns of Joseph R. Biden Jr. and Kamala Harris. Earlier on Tuesday, Mr. Trump argued that Justice Juan M. Merchan should recuse himself because of her work, but experts in judicial ethics agreed that this was not adequate grounds for recusal.Under New York State rules on judicial conduct, a judge should disqualify himself or herself from a case if a relative within the sixth degree had “an interest that would be substantially affected by the proceeding.” Ms. Merchan’s work on Democratic campaigns does not give her enough of an interest that would qualify, experts said.“Political interests are widely shared and thus diffused,” said Arthur D. Hellman, a professor emeritus of law at the University of Pittsburgh. “If this kind of work by a relative within the sixth degree were enough to require recusal, it would be hard to find any judge who could hear the case.” More

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    Possibility of Obstruction Looms Over Trump, Affidavit Suggests

    Unredacted portions of the affidavit point to a crime that has been overshadowed amid disputes over classified information.WASHINGTON — When the Justice Department proposed redactions to the affidavit underlying the warrant used to search former President Donald J. Trump’s residence, prosecutors made clear that they feared the former president and his allies might take any opportunity to intimidate witnesses or otherwise illegally obstruct their investigation.“The government has well-founded concerns that steps may be taken to frustrate or otherwise interfere with this investigation if facts in the affidavit were prematurely disclosed,” prosecutors said in the brief.The 38-page affidavit, released on Friday, asserted that there was “probable cause to believe that evidence of obstruction will be found at” Mr. Trump’s Mar-a-Lago compound, indicating that prosecutors had evidence suggesting efforts to impede the recovery of government documents.Since the release of the search warrant, which listed three criminal laws as the foundation of the investigation, one — the Espionage Act — has received the most attention. Discussion has largely focused on the spectacle of the F.B.I. finding documents marked as highly classified and Mr. Trump’s questionable claims that he had declassified everything held at his residence.But by some measures, the crime of obstruction is a threat to Mr. Trump or his close associates that is as much or even more serious. The version investigators are using, known as Section 1519, was part of the Sarbanes-Oxley Act, a broad set of reforms enacted in 2002 after financial scandals at companies like Enron, Arthur Andersen and WorldCom.The heavily redacted affidavit provides new details of the government’s efforts to retrieve and secure the material in Mr. Trump’s possession, highlighting how prosecutors may be pursuing a theory that the former president, his aides or both might have illegally obstructed an effort of well over a year to recover sensitive documents that do not belong to him.To convict someone of obstruction, prosecutors need to prove two things: that a defendant knowingly concealed or destroyed documents, and that he did so to impede the official work of any federal agency or department. Section 1519’s maximum penalty is 20 years in prison, which is twice as long as the penalty under the Espionage Act.Julie O’Sullivan, a Georgetown University law professor who specializes in white-collar crime, said the emerging timeline of the government’s repeatedly stymied attempts to retrieve all the documents, coupled with claims by Mr. Trump that he did nothing wrong because he had declassified all the documents in his possession, raised significant legal peril for him.“He is making a mistake in believing that it matters whether it’s top secret or not,” she said. “He is essentially conceding that he knew he had them.” If so, she added, then not giving them back was “obstructing the return of these documents.”The cloud of potential obstruction carries echoes of the Russia investigation led by the special counsel, Robert S. Mueller III. That inquiry ended up being as much about how Mr. Trump had sought to impede his work, as it was about scrutinizing Russia’s efforts to manipulate the 2016 election and the nature of myriad Russian links to people associated with Mr. Trump’s campaign.Explore Our Coverage of the Trump InvestigationsWhite House Documents: Mr. Trump kept more than 700 pages of classified documents, according to a letter from the National Archives. The Justice Department is said to have retrieved more than 300 classified documents from Mr. Trump since he left office.A Showdown in Georgia: Senator Lindsey Graham is fighting efforts to force him to testify before an Atlanta special grand jury investigating election interference by Mr. Trump and his allies in the state.Invoking the Fifth Amendment: Sitting for a deposition in the New York attorney general’s civil inquiry into his business practices, Mr. Trump repeatedly invoked his constitutional right against self incrimination.In a coincidence, the Justice Department on Thursday revealed an internal document commissioned by then-Attorney General William P. Barr that laid out purported justifications for his pronouncement in 2019 that Mr. Trump was cleared of obstruction suspicions, despite every episode recounted in the Mueller report. This time, however, the Justice Department is not overseen by a Trump loyalist.Because of the heavy redactions in the newly released affidavit, it remains unclear whether there is any other investigation or official agency effort that law enforcement officials think Mr. Trump or people in his circle might have obstructed in refusing to turn over the government documents. But at a minimum, it is clear that the government’s efforts to retrieve the records have repeatedly been impeded.The timeline laid out in the redacted affidavit, which fills in several gaps in the public understanding, traces back to May 6, 2021. On that day, as The New York Times reported this week, the general counsel for the National Archives first reached out to Mr. Trump’s designated representatives to the agency and asked for the return of about two dozen boxes of missing documents. More

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    The F.B.I. Search of Trump’s Home Has No Precedent. It’s a Risky Gamble.

    The search of former President Donald J. Trump’s Mar-a-Lago estate is a high-risk gamble by the Justice Department, but Mr. Trump faces risks of his own.WASHINGTON — The fight between former President Donald J. Trump and the National Archives that burst into the open when F.B.I. agents searched Mr. Trump’s Palm Beach estate has no precedent in American presidential history.It was also a high-risk gamble by Attorney General Merrick B. Garland that the law enforcement operation at Mar-a-Lago, the former president’s sprawling home in Florida, will stand up to accusations that the Justice Department is pursuing a political vendetta against President Biden’s opponent in 2020 — and a likely rival in 2024.Mr. Trump’s demonization of the F.B.I. and the Justice Department during his four years in office, designed to undermine the legitimacy of the country’s law enforcement institutions even as they pursued charges against him, has made it even more difficult for Mr. Garland to investigate Mr. Trump without a backlash from the former president’s supporters.The decision to order Monday’s search put the Justice Department’s credibility on the line months before congressional elections this fall and as the country remains deeply polarized. For Mr. Garland, the pressure to justify the F.B.I.’s actions will be intense. And if the search for classified documents does not end up producing significant evidence of a crime, the event could be relegated by history to serve as another example of a move against Mr. Trump that backfired.Mr. Trump faces risks of his own in rushing to criticize Mr. Garland and the F.B.I., as he did during the search on Monday, when he called the operation “an assault that could only take place in broken, Third-World Countries.” Mr. Trump no longer has the protections provided by the presidency, and he would be far more vulnerable if he were found to have mishandled highly classified information that threatens the nation’s national security.A number of historians said that the search, though extraordinary, seemed appropriate for a president who flagrantly flouted the law, refuses to concede defeat and helped orchestrate an effort to overturn the 2020 election.“In an atmosphere like this, you have to assume that the attorney general did not do this casually,” said Michael Beschloss, a veteran presidential historian. “And therefore the criminal suspicions — we don’t know yet exactly what they are — they have to be fairly serious.”The search of Mar-a-Lago put the Justice Department’s credibility on the line months before congressional elections.Saul Martinez for The New York TimesIn Mr. Trump’s case, archivists at the National Archives discovered earlier this year that the former president had taken classified documents from the White House after his defeat, leading federal authorities to begin an investigation. They eventually sought a search warrant from a judge to determine what remained in the former president’s custody.Key details remain secret, including what the F.B.I. was looking for and why the authorities felt the need to conduct a surprise search after months of legal wrangling between the government and lawyers for Mr. Trump.The search happened as angry voices on the far-right fringe of American politics are talking about another Civil War, and as more mainstream Republicans are threatening retribution if they take power in Congress in the fall. Representative Kevin McCarthy of California, the Republican leader in the House, warned Mr. Garland to preserve documents and clear his calendar.“This puts our political culture on a kind of emergency alert mode,” said Douglas Brinkley, a presidential historian at Rice University. “It’s like turning over the apple cart of American politics.”Critics of Mr. Trump said it was no surprise that a president who shattered legal and procedural norms while he was in the Oval Office would now find himself at the center of a classified documents dispute. More