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      In Ukraine’s South, Fierce Fighting and Deadly Costs

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      AT THE KHERSON FRONT, Ukraine — The commander banged on the door furiously.“I need help!” he shouted.When Tetiana Kozyr opened up, the commander rushed in, carrying a young soldier on his shoulders. She said the young man was sunburned, thin and gravely wounded.The Ukrainians were trying to recapture her village, the smallest dot on the most detailed military maps. Russian forces had just blown up three Ukrainian tanks. Flames leaped off the roofs of neighboring houses.The commander laid the young man gently down on Ms. Kozyr’s kitchen floor and then ripped open a bandage pack and thrust it against his chest and neck, which were badly bleeding. Ms. Kozyr hovered over them, feeling helpless and terrified in her own kitchen, watching the commander try to save the young man’s life.“He looked so scared,” said Ms. Kozyr, who lived on a small farm and recounted this scene, which was corroborated by others from her village. “I had to turn away.”Outside her house, several other Ukrainian soldiers lay face down in the grass.Ukraine’s southern offensive was the most highly anticipated military action of the summer. Forecast by Ukrainian officials for weeks, its goal was to push the Russians back from a strategic region along the coast, bolster the confidence of a battered citizenry and prove to allies that Ukraine could make good use of Western-supplied weapons.That push forward has continued, even as Ukraine has made a more dramatic surge this month in the northeast, routing Russian forces. Ukraine is regaining territory in the south, though slowly, and President Vladimir V. Putin of Russia is concerned enough about suffering an embarrassing setback that he has refused to let his commanders retreat from the city of Kherson, according to American officials.A Ukrainian tank this month in a village in southern Ukraine.Jim Huylebroek for The New York TimesIhor Kozub, the commander of a volunteer military unit near the southern city of Mykolaiv, said the Ukrainians were suffering “great losses” because “we don’t have ammunition.”Jim Huylebroek for The New York TimesBut overall, the south remains a different story from the northeast. Interviews with dozens of commanders, ordinary soldiers, medics, village leaders and civilians who recently escaped the conflict zone portray a more difficult and costly campaign: The fighting is grinding, grueling and steep in casualties, perhaps the most heartbreaking battle in Ukraine right now.Russian forces are deeply dug in here, and this weekend, the Kremlin is trying to cement its gains by holding highly contentious referendums in occupied areas to annex them. Ukrainian officials say they have little choice but to attack.They are racing to recapture territory before the October rains turn the roads here into impassable sludge. And they need to keep showing to the world, especially before a nasty winter sets in and tests their allies’ resolve, that they can push the Russians out.The Ukrainian government does not usually disclose casualty figures, but the soldiers and commanders interviewed in the past week portrayed the battlefield losses as “high” and “massive.” They described large offensives in which columns of Ukrainian tanks and armored vehicles tried to cross open fields only to be pounded mercilessly by Russian artillery and blown up by Russian mines.One Ukrainian soldier, speaking anonymously because he was not authorized to publicly discuss casualties, said that during a recent assault, “we lost 50 guys in two hours.” In another place, said the soldier, who works closely with different frontline units, “hundreds” of Ukrainian troops were killed or wounded while trying to take a single village, which is still in Russian hands.Across the occupied south — a wide crescent of fields, villages and cities along the Dnipro River and the Black Sea — the Russians have built formidable defenses: trenches zigzagging along irrigation canals; fortified bunkers; pillboxes; foxholes; even tank trenches carved out of the earth by bulldozers and covered with concrete slabs that enable the Russians to blast shells from positions that are very difficult for the Ukrainians to hit.Some people in southern villages have spent much of the past six months living in basement shelters like these.Jim Huylebroek for The New York TimesCountless homes have been damaged, including this one, where the remains of a rocket are still stuck in the fence.Jim Huylebroek for The New York TimesThe Russians are determined to keep this chunk of Ukraine because it guards the Crimean Peninsula that Russia annexed in 2014. It also serves as a nexus of vital waterways and energy facilities, like the Zaporizhzhia nuclear power plant, Europe’s biggest.Despite the high stakes, there is little face-to-face combat between the two sides, like there was in the early days of the war in the suburbs of Kyiv, the Ukrainian capital. Each Ukrainian soldier along the southern front carries an assault rifle, but few have fired their weapon.In the south, death comes at long range. It is indiscriminate and total. When the artillery shells hit, young men press themselves to the earth, hands cupped over their ears, mouths open to let the blast wave ripple through their bodies.“This is a different kind of war,” said Iryna Vereshchagina, a volunteer doctor working near the front lines. “We’re attacking the Russians but there’s a big payment for this.”She said that of the hundreds of battlefield casualties she has treated, she has not seen a single gunshot wound.“So many people are getting blown up,” she said.She looked down at her boots.“Sometimes,” she said, “there are just pieces of people left.”Russian shelling has destroyed much of the landscape in southern Ukraine, gouging countless craters in the earth.Jim Huylebroek for The New York TimesIryna Vereshchagina, left, a volunteer doctor working near the front lines, with her colleagues in southern Ukraine.Jim Huylebroek for The New York TimesPart of the reason Ukraine is facing stiff resistance in the south is because of its highly effective information campaign about the counteroffensive. The signals it sent were so convincing that the Russians hastily redeployed tanks, artillery and thousands of troops, including some of their better trained units, from the northeast to the south.That left the Kharkiv region wide open for the taking, which is what happened two and a half weeks ago. But it also left the south defended by tens of thousands of well-equipped Russian soldiers. And going on the attack is always more perilous than defending an entrenched position, especially when the enemy knows the other side is coming.All of this has unsettled some Ukrainian soldiers fighting along the front line.“The problem is that we are advancing with no artillery preparation, without suppressing their firing positions,” said Ihor Kozub, the commander of a volunteer military unit near the southern city of Mykolaiv.He said the Ukrainian army was suffering “great losses” because “we don’t have ammunition,” and he begged for the United States to send more.“All these heroic attacks are made with so much blood,” he said. “It’s terrible.”A military spokeswoman defended the Ukrainian strategy.“The enemy’s superiority in artillery does not decide the outcome,” said Nataliia Humeniuk, the head of the communications division for Ukraine’s southern command. “History knows cases of unique battles where the quality of combat was decisive. Not the number of weapons.”She did not provide information about the number of casualties, but Ukraine’s president, Volodymyr Zelensky, recently said that Ukraine was losing 50 soldiers a day.At a shelter in Mykolaiv, a southern Ukrainian city, people who recently fled besieged villages gathered for lunch.Jim Huylebroek for The New York TimesCivilians lined up for fresh water in Mykolaiv.Jim Huylebroek for The New York TimesThe battle for the south is a lot different from Ukraine’s lightning offensive in the northeast, where the Russians troops were clearly not prepared. The Ukrainians have recaptured only a few hundred square miles in the south, less than 10 times what they recaptured in the northeast in a few days.But Ukrainian commanders in the south always knew it was going to be a grinding battle. The strategy has been to pinch off Russian supply lines by cutting roads and destroying bridges, slowly strangling the Russians’ ability to bring in food, fuel and ammunition.One American soldier serving with a Ukrainian unit in Mykolaiv said it was no small feat to take villages from the Russians when the Russians knew they were coming for months.“It might look like a slog,” he said, insisting on anonymity for security reasons. “But for us, it’s progress.”Weeks before the counteroffensive began, Ukrainian troops, including a sniper known as Pirate, started eyeing targets.Pirate is his code name — he did not want to divulge his real name. He is 29 years old with shining blue eyes, meaty shoulders and a skull-and-crossbones patch stuck on his chest plate. For three days, he said, he lay on his stomach squinting through a scope at a squad of Russian soldiers. They were digging fortifications in a village near Kherson. Pirate and another sniper hid in a tree line almost a mile away.At last, Pirate said, they identified the officer in charge, who was wearing a white T-shirt. Pirate and his partner calibrated their sights, gauged the wind — a soft, side wind — and counted: one, two, three. Then they squeezed their triggers.Their two bullets flew across the open fields, outracing the speed of sound. Before he even heard the crack of the rifles, the Russian officer crumpled to the ground.Ukrainian volunteer soldiers patrol in southern Ukraine. In a few weeks, the October rains will drench this area and turn the roads into impassable sludge.Jim Huylebroek for The New York TimesUkrainian soldiers in the trenches this month. Commanders say they always knew it would be a grinding battle in the south.Jim Huylebroek for The New York Times“I try not to think about who he was,” Pirate said.He spoke from a demolished building near the front lines that has been turned into a base. This is the picture of many southern towns. They have been utterly destroyed: the schools, the homes with blown-out roofs, the power poles lying in the muddy roads, the pine trees split apart, their branches hanging down like broken arms.Even the earth itself has been gouged by missiles and rockets, leaving moonlike craters everywhere, some with steel fins still sticking out. The smell of dried sunflowers lingers in the air. So many sunflower farms, a major industry, lie burned and deserted.Ms. Kozyr, who had watched the wounded soldier lying on her kitchen floor, said her village had been destroyed, too. It used to be a hamlet of a few hundred people who tended small farms and raised livestock. Now no one is left. The Russians captured it in March and the Ukrainians fought hard to liberate it at the end of August, when they officially announced the beginning of the offensive. She fled a few days later and now lives in a displaced persons shelter in the city of Zaporizhzhia.She said that when the commander first arrived with the wounded soldier, she panicked.“I was yelling at him: ‘Why did you bring him here? The Russians will kill us all!’” she said.But the commander just stepped through the doorway, desperate to find shelter. The village was on fire, in the middle of two armies blasting each other.She shrunk back as her husband and the commander pressed bandages to the young man’s wounds. Shrapnel had sliced through his back and lungs. Her kitchen floor was soon covered in blood.That night, she and her husband slept in their cellar. The commander curled up next to the wounded soldier on the kitchen floor.When Ms. Kozyr stepped outside the next morning, to check on her calf and pigs, she passed by the kitchen and peered through the window.The soldier’s hands were curled, his body stiff. He was dead.She started crying at the memory of it, pulling a small rag out of her pocket and wiping her eyes. But she did not question the counteroffensive.“It needed to be done,” she said. And then she repeated herself, a little more softly. “It needed to be done.”Smoke and debris after what was likely an airstrike near a Ukrainian military position on Tuesday. The Russians have much more ammunition than the Ukrainians and pound their forces every day. Jim Huylebroek for The New York TimesOleksandra Mykolyshyn More

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      Suspect in Zeldin Attack Is Arrested on Federal Charge

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      The suspect, who had been released without bail shortly after the Thursday attack on Representative Lee Zeldin, the Republican candidate for New York governor, will be held pending a hearing next week.A man accused of using a sharp weapon to confront Representative Lee Zeldin, the Republican candidate for governor of New York, on Thursday night has been arrested on a federal assault charge, officials said.The incident took place outside a Veterans of Foreign Wars hall near Rochester, N.Y., where Mr. Zeldin was speaking during the first in a series of campaign stops over the weekend. A man, who was later identified by the police as David G. Jakubonis, approached Mr. Zeldin with a pointed weapon that federal officials later described as a key chain with two sharp points.Mr. Jakubonis pulled the candidate down before being dragged away by several people nearby, according to officials and videos of the attack. Mr. Zeldin was not injured, a campaign representative said at the time.On Saturday, Mr. Jakubonis, 43, of Fairport, N.Y., appeared in federal court in Rochester before U.S. Magistrate Judge Marian W. Payson of the United States District Court for the Western District of New York. He had earlier been charged with attempted assault in the second degree, according to the Monroe County Sheriff’s Office, and released without bail. Under state law, judges have been prohibited since 2020 from setting bail on a nonviolent felony charge of attempted assault.The federal charge — assaulting a member of Congress using a dangerous weapon — carries a maximum penalty of 10 years in prison, according to officials. Mr. Jakubonis will be held pending a detention hearing on July 27, according to Barbara Burns, a spokeswoman for the U.S. Attorney’s Office for the Western District of New York.New York’s 2022 ElectionsAs prominent Democratic officials seek to defend their records, Republicans see opportunities to make inroads in general election races.N.Y. Governor’s Race: Following the overturning of Roe v. Wade, the issue of abortion rights has the potential to be a potent one in the battle between Gov. Kathy Hochul and Representative Lee Zeldin.10th Congressional District: Half a century after she became one of the youngest women ever to serve in Congress, Elizabeth Holtzman is running once again for a seat in the House of Representatives.12th Congressional District: As Representatives Jerrold Nadler and Carolyn Maloney, two titans of New York politics, battle it out, Suraj Patel is trying to eke out his own path to victory.After the attack, Republicans quickly cast Mr. Jakubonis’s release as a failure of the bail law enacted by Democrats in recent years. Mr. Zeldin, who has long made public safety a centerpiece of his campaign against Gov. Kathy Hochul, a Democrat, said that Mr. Jakubonis should not have been released and argued that the episode illustrated a need to increase policing and tighten New York’s bail laws to make it easier for judges to hold people charged with certain crimes.In a hastily arranged news conference on Saturday afternoon, Mr. Zeldin repeated that he did not think Mr. Jakubonis should have been set free the day before.“I am concerned, deeply, that we have laws in this state that would result in that offense not being bail eligible,” he said. He added that he did not believe Mr. Jakubonis should have been“immediately released back out on the streets, and I predicted publicly that that’s exactly what was going to happen.”Mr. Zeldin did not respond to a request for comment, but issued a statement after his rally, calling the justice system “broken” and “pro-criminal.” “Cashless bail must be repealed,” he said in the statement, “and judges should have discretion to set cash bail on far more offenses.”Democrats have accused Mr. Zeldin of trying to exploit the attack for political gain.Mr. Jakubonis, a U.S. Army veteran who had served in Iraq, said on Friday that he did not know who Mr. Zeldin was at the time of the attack. In a disjointed interview outside his apartment in suburban Rochester, he said he approached Mr. Zeldin, an Army reservist, to try to take his microphone after someone told him that Mr. Zeldin was “disrespecting veterans.”Mr. Jakubonis, a graduate of the Rochester Institute of Technology, said that he was battling a relapse of alcoholism and was being treated for anxiety. He described his mental state on Thursday night as “checked out,” adding that he had fallen “asleep within” himself.He suggested the pointed object he was holding at the time of the incident — which was shaped like a cat — was intended for self-defense. “The ears are plastic, but I guess they’re sharp,” he said in the interview on Friday afternoon. “Then I was tackled.”According to federal court records, investigators said Mr. Jakubonis told them he had consumed whiskey on the day of the incident.“When shown a video of the incident, Jakubonis stated, in sum and substance, that what was depicted in the video was disgusting,” the court records said.Voter registration records indicated that he was not affiliated with a political party, and a LinkedIn page that appeared to belong to him indicated he had been “actively seeking employment” for years.Nicholas Fandos More

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      Prosecutors Move Quickly on Jan. 6 Cases, but Big Questions Remain

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      In the year since the assault on the Capitol by a pro-Trump mob, more than 700 people have been arrested, with little public indication from the Justice Department of how high the investigation might reach.By almost any measure, the criminal investigation of the Jan. 6 attack on the Capitol is a prosecutorial effort of unparalleled complexity and scope.For an entire year, federal agents in almost every state have been poring over mounting stacks of tipster reports, interviews with witnesses, public social media posts and private messages obtained by warrants. They have also collected nearly 14,000 hours of video — from media outlets, surveillance cameras and police-worn body cameras — enough raw footage that it would take a year and a half of around-the-clock viewing to get through it.While the Justice Department has called the inquiry one of the largest in its history, traditional law enforcement officials have not been acting alone. Working with information from online sleuths who style themselves as “Sedition Hunters,” the authorities have made more than 700 arrests — with little sign of slowing down.The government estimates that as many as 2,500 people who took part in the events of Jan. 6 could be charged with federal crimes. That includes more than 1,000 incidents that prosecutors believe could be assaults.As of this week, more than 225 people have been accused of attacking or interfering with the police that day. About 275 have been charged with what the government describes as the chief political crime on Jan. 6: obstructing Congress’s duty to certify the 2020 presidential vote count. A little over 300 people have been charged with petty crimes alone, mostly trespassing and disorderly conduct.But a big question hangs over the prosecutions: Will the Justice Department move beyond charging the rioters themselves?So far, the department has provided no public indication of the degree to which it might be pursuing a case against former President Donald J. Trump and the circle of his allies who helped inspire the chaos with their baseless claims of election fraud. Attorney General Merrick B. Garland is scheduled to give a speech on Wednesday, one day before the anniversary of the attack on the Capitol, but is not expected to provide any signals about the direction of the department’s investigation. A spokeswoman said he would not address any specific cases or individuals.On Capitol Hill, the House select committee on Jan. 6 is interviewing witnesses and has issued subpoenas to a number of high-profile figures allied with Mr. Trump. And with Mr. Garland and the Justice Department remaining mum about their intentions, members of the committee have signaled a willingness to exert pressure on the department, saying they would consider making criminal referrals if their investigation turns up evidence that could support a prosecution against Mr. Trump or others.Even the prosecutions of those who rioted at the Capitol have presented an array of moral and legal challenges that have bedeviled judges, prosecutors and defense lawyers.Overworked courts have tried to balance the laborious exchange of discovery materials with speedy trial protections and to manage the bleak conditions at Washington’s local jails where some defendants are being held without bail. They have also faced a fundamental, underlying tension: how to mete out justice on an individual level to hundreds of defendants who together helped form a violent mob.Jacob Chansley, the so-called QAnon Shaman, was sentenced to 41 months.Erin Schaff/The New York TimesPleas and SentencesWith rare speed for a large-scale prosecution, more than 160 people — or slightly more than 20 percent of all who have been charged — have pleaded guilty at this point. Of those, not quite half have already been sentenced.A few weeks ago, Robert Palmer, a Florida man who hurled a fire extinguisher at police officers, was sentenced to more than five years in prison, the longest term handed down so far. In November, one of the most familiar figures in the attack — Jacob Chansley, the so-called QAnon Shaman, who breached the Senate floor in a horned helmet with a fur draped over his shoulders — was sentenced to 41 months, a term he is appealing.Beneath the headlines, however, there has been a steady stream of penalties for lower-profile defendants: bricklayers, grandmothers, college students, artists, church leaders and long-haul truckers who, by and large, have admitted to little more than illegally entering the Capitol.Many, if not most, have avoided incarceration, sentenced to probation or stints of home confinement. Others have received only modest sentences, ranging from a few weeks to a few months.In court, those accused of minor crimes have almost always expressed remorse, saying their behavior was foolish, embarrassing or out of character. Some have broken into tears or, in one case, physically collapsed. Others have vowed never to attend a political rally again.Federal judges have taken slightly different positions on how to punish the defendants. Judge Trevor N. McFadden, appointed by Mr. Trump, often prefaces his sentences by calling the events that day “a national embarrassment” — though he has frequently declined to jail petty offenders. Judge Tanya S. Chutkan, an Obama appointee, has often given sentences higher than those requested by the government. Her go-to phrase: “There must be consequences.”Judge Amit P. Mehta told John Lolos, a defendant clearly steeped in election fraud conspiracies, that not only had he been lied to, but those who had done the lying were not “paying the consequences.”“Those who orchestrated Jan. 6 have in no meaningful sense been held accountable,” said Judge Mehta, another Obama appointee. “In a sense, Mr. Lolos, I think you are a pawn.”Prosecutors are using an unusual law to charge many of the rioters: the obstruction of an official proceeding before Congress.Pool photo by Erin SchaffLegal ChallengesFrom the start, prosecutors faced a unique legal problem: Never before had members of Congress been forced from the House and Senate floors while finalizing the transition of presidential power. What law should be used to charge this crime?The government settled on an unusual obstruction law — the obstruction of an official proceeding before Congress. It brought the charge against scores of people believed to have disrupted the democratic process, often alongside more traditional counts of trespassing, vandalism and assault.The obstruction law, which carries a maximum penalty of 20 years in prison, had a few advantages. First, it allowed the authorities to avoid deploying more politically fraught — and harder-to-prove — counts like sedition or insurrection.It also permitted prosecutors to home in on the specific behavior of defendants and judge how much their actions contributed to the chaos that day. If someone went deep into the Capitol, say, or took some other action that helped to chase officials from their duties, chances are they have been charged with an obstruction count.But many defense lawyers have claimed the law was wrongly used.Passed in 2002 as part of the Sarbanes-Oxley Act, which sought to clamp down on corporate malfeasance, the measure was initially intended to prohibit things like shredding documents or tampering with witnesses in congressional inquiries. Defense lawyers have argued that prosecutors have stretched the law beyond its scope and used it to criminalize behavior that too closely resembles ordinary protest protected by the First Amendment.In the past few weeks, however, five federal judges have ruled that the law is valid, and it now seems certain it will be permitted in scores of Jan. 6 prosecutions, including some that will soon go to trial.More than 160 people have pleaded guilty so far to charges stemming from the riot. The first trials are scheduled to begin in February.Erin Schaff/The New York TimesTrials to Begin SoonThe earliest Capitol riot trials are scheduled to begin next month. When the proceedings start, jurors will most likely get a glimpse of how the government believes members of the mob worked together.The first trial, set to begin on Feb. 24, will focus on Robert Gieswein of Colorado, a self-proclaimed militiaman charged with assaulting officers with a chemical spray.Key Figures in the Jan. 6 InquiryCard 1 of 10The House investigation. More

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      Debunking the Pro-Trump Right’s Claims About the Jan. 6 Riot

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      A rally scheduled for Saturday in Washington is intended to continue a Republican effort to rewrite the narrative of the assault on the Capitol. The facts undercut their assertions.In the eight months since a pro-Trump mob stormed the Capitol, some Republicans have tried to build a case — belied by the facts — that the vast federal investigation of the riot has been essentially unfair, its targets the victims of political persecution.The people charged in the Jan. 6 attack are “being persecuted so unfairly,” former President Donald J. Trump said in a statement on Thursday.That sentiment is the organizing principle behind the rally scheduled in Washington on Saturday, billed as “Justice for J6.” According to the permit application submitted by the organizers, a group called Look Ahead America, the event is meant to “bring awareness and attention to the unjust and unethical treatment of nonviolent Jan. 6 political prisoners.”The rally is the latest effort in the right’s continuing attempt to rewrite the history of the mob attack on Congress, which prosecutors say led to as many as 1,000 assaults against the police and sought to disrupt certification of President Biden’s victory in the 2020 election.Here is what the facts say about assertions from those seeking to promote a false narrative about Jan. 6.The rioters weren’t just tourists who now face excessive criminal charges.One of the first claims that pro-Trump conservatives made about Jan. 6 was that the rioters were little more than tourists and that those arrested were victims of prosecutorial overreach. Representative Andrew Clyde, Republican of Georgia, described the scene at the Capitol that day as “a normal tourist visit,” implying that hundreds of people taken into custody were facing excessive charges.But, in fact, nearly half of the more than 600 people charged have been accused only of misdemeanors like trespassing and disorderly conduct, rather than more serious felonies.At this point, more than 50 of these low-level defendants have pleaded guilty. All of them will serve prison terms of six months or less, or no time at all — fairly modest sentences for the federal penal system. But even when the authorities have agreed to lenient penalties, they have still insisted that no one who broke into the Capitol is innocent.“A riot cannot occur without rioters,” prosecutors wrote in a recent memo proposing no jail time for Valerie Ehrke, a California woman who only spent one minute in the building. “And rioter’s actions — from the most mundane to the most violent — contributed, directly and indirectly, to the violence and destruction of that day.”The government hasn’t widely detained nonviolent protesters.At an event last month hosted by Republican officials in his home state of North Carolina, Representative Madison Cawthorn repeated an oft-heard myth. He complained that hundreds of people taken into custody after Jan. 6 were “political hostages.”The truth is that about 15 percent of those arrested so far in connection with the riot have been denied bail and remain in pretrial custody — much lower than the overall federal pretrial detention rate of 75 percent. Moreover, all of those being detained on charges related to Jan. 6 are facing serious charges like assault or obstruction of Congress; none have been accused of only misdemeanors.Far from jailing everyone, in fact, judges have granted bail to numerous defendants accused of violent attacks on the police or of belonging to extremist groups like the Proud Boys or the Oath Keepers militia.There are a handful of cases in which people have been denied bail without having engaged in physical violence, but those are the exceptions to the rule.This week, a lawyer for Ethan Nordean, a leader of the Proud Boys, complained in court that his client has been in jail for months not because of anything he personally did on Jan. 6, but rather because he is a member of a reviled political organization.Judge Timothy J. Kelly, who was appointed to the federal bench by Mr. Trump, responded that the law alone was guiding Mr. Nordean’s case.“Politics has nothing to do with it,” Judge Kelly said. “Not one whit.”Capitol Police officers preparing riot equipment at the Capitol before the rally on Saturday.T.J. Kirkpatrick for The New York TimesJan. 6 defendants haven’t been treated more harshly than racial justice protesters.The assertion has become a staple on the right: Trump supporters were charged with violent crimes in the Capitol attack because of their conservative beliefs while many leftist activists had similar charges stemming from the racial justice protests last year in cities like Portland, Ore., reduced or dismissed.This summer, a Jan. 6 defendant named Garret Miller filed court papers making that argument. Mr. Miller, who lives in Dallas, claimed he had been “treated differently by the government than the Portland rioters based upon the politics involved,” his lawyer wrote.In rebutting these claims, the government argued there was no comparison between the protests last year prompted by the murder of George Floyd in Minneapolis and the storming of the Capitol. While prosecutors acknowledged that those arrested during weeks of unrest at the Portland federal courthouse had committed “serious offenses,” they insisted that the rioters in Washington were involved in “a singular and chilling event” that threatened not only the Capitol but also “democracy itself.”Trying to explain why many cases in the racial justice protests were eventually dismissed, prosecutors also said they have much better evidence against Capitol rioters like Mr. Miller than they ever had against protesters in Portland. Among the material they collected after Jan. 6 were thousands of hours of video footage from surveillance and body cameras worn by the police, and hundreds of thousands of social media posts.A few months after Mr. Miller filed his claims, The Associated Press published an analysis of more than 300 criminal cases stemming from the protests incited by Mr. Floyd’s murder. The analysis undercut the argument that pro-Trump defendants were treated more harshly than Black Lives Matter protesters, showing that many leftist rioters had received substantial sentences.There’s no evidence that Jan. 6 defendants are being treated worse than others in jail.Perhaps the loudest grievances about Capitol defendants concern the jail conditions of those denied bail.The accusations have been many and wide-ranging. Some defendants have complained of being locked in their cells for 23 hours a day in what amounts to solitary confinement. Others have claimed that they have been denied the right to hold religious services and that their hygiene needs have been restricted.One defendant, charged with assaulting the police, has said that he was zip-tied and then “savagely” beaten by a correctional officer in the District of Columbia jail, according to his lawyer. The assault resulted in a broken nose, a dislocated jaw and the loss of sight in the man’s right eye.Jail, of course, is a terrible place to be, regardless of one’s politics. But at least so far, no one has offered evidence that the authorities have imposed harsh conditions on Jan. 6 defendants because of their political beliefs.A spokeswoman for the District of Columbia jail said the 23-hour lockdown was not imposed solely on the Capitol defendants but was a medical provision used throughout the jail to curb the spread of the coronavirus. It has recently been lifted, she said.The Justice Department is using a novel charge in some cases.Prosecutors have taken a legal risk in the way they have chosen to prosecute scores of Capitol cases. The potential problem concerns the use of a federal obstruction law to charge people with disrupting Congress’s certification of the Electoral College vote. Lawyers for some of the defendants are challenging the Justice Department in court over use of the law, but pro-Trump activists have yet to make it a big public issue.Instead of using politically fraught and hard-to-prove charges like sedition or insurrection to describe the attempt to block certification of the election results, the Justice Department used a much more measured — albeit novel — law: obstruction of an official proceeding.The law is not a perfect match for what happened on Jan. 6; indeed, it had never before been used in a situation like the Capitol attack.Passed in 2002 as part of the Sarbanes-Oxley Act, a corporate overhaul law, the measure was devised to prohibit things like shredding documents or tampering with witnesses. Several lawyers have filed papers arguing that the law does not apply to the riot at the Capitol. Two federal judges have signaled that they might agree and could decide to toss the charge for more than 200 defendants.The Justice Department’s use of the obstruction law is arguably the most political move prosecutors have made to date. After all, as some defense lawyers have noted, the government did not use the same charge in 2018 when left-wing activists swarmed the Capitol to protest the Supreme Court nomination of Brett Kavanaugh. More

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      Rash of MTA Subway Attacks Raise Worries With Service Set to Return

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      Hours after mayoral candidates clashed over how to address crime in the transit system, the police reported a series of early-morning assaults.In the span of 12 minutes early Friday, the police said, a group of men attacked commuters aboard a moving subway train, increasing concerns about public safety in New York City’s transit system just as 24-hour subway service is set to resume on Monday.The attackers, striking together on a southbound Lexington Avenue express train as it passed through several stations starting at around 4:30 a.m., slashed three riders, two in the face and one in the back of the head, the police said. A fourth person was punched. The attackers took a phone and a wallet from one of the victims.The three slashing victims, all men in their 40s, were hospitalized and in stable condition, according to the police. One of the attackers, they said, slashed at the three men as another urged him on. The attacks came amid rising concern about crime in New York. Much of that concern has focused on the subway, which is about to resume nonstop service after it was curtailed last May for the first time in the system’s history because of the pandemic.Despite the flurry of reported attacks, the overall trend in subway violence is less clear. Data suggests that crime per rider may be lower so far this year than in 2020, when ridership plunged amid a citywide lockdown, but up from 2019.And now, even as the system gears up for a full return, at least a dozen attacks and other violent episodes have taken place on train cars or at stations this month alone.The police initially said that two men in their 20s were responsible for the three early morning attacks. But at a news conference later on Friday, officials said the assaults were the work of a larger group that was involved in a fourth attack around the same time. In that incident, the police said, a 48-year-old man was stabbed in the eye with a knife. Like the other victims, he was taken to a hospital, where he was undergoing surgery, the police said.Jason Wilcox, an assistant police chief, said at the news conference that the investigation was continuing but that it appeared that the victims had been attacked by a group of men who were coordinating their actions and occasionally splitting into smaller groups. “It looks like they were pairing off, mixing off, as the train was moving down along the 4 line this morning,” Chief Wilcox said.Four men were subsequently taken into custody in connection with the attacks, the police said. They had not been formally charged as of Friday afternoon, the police said. The spate of assaults prompted transit officials to renew their call for more police officers in the subway. An additional 500 officers were deployed to the system in February after a homeless man was accused of stabbing four people in the subway.The issue of subway crime was among the issues discussed at a mayoral debate on Thursday. The eight leading Democratic candidates in the race all used the occasion to express concern about the system’s safety, but they were split over whether more officers were needed. Andrew Yang, Eric Adams, Kathryn Garcia, Shaun Donovan and Ray McGuire said they would expand the police presence in the system. Scott Stringer, Dianne Morales and Maya Wiley said they would not.On Friday Sarah Feinberg — who, as the New York City Transit Authority’s interim president, has consistently raised concerns about the system becoming a de facto shelter for homeless people — lashed out at Mayor Bill de Blasio over the attacks.“The mayor is risking New York’s recovery every time he lets these incidents go by without meaningful action,” Ms. Feinberg said in a statement.In a background note appended to Ms. Feinberg’s statement, the authority pointed out which of the mayoral candidates had expressed support for assigning more officers to the subway. Ms. Feinberg was appointed to the authority’s board by Governor Andrew M. Cuomo, who has frequently clashed with Mr. de Blasio, a fellow Democrat, on policies related to the transit system, and to the pandemic and its impact more broadly.Last week, Mr. Cuomo compared the current condition of the subway to what it was like in the 1970s, and he blamed city officials for failing to address the system’s problem.A spokesman for Mr. De Blasio, Bill Neidhardt, responded to Ms. Feinberg, saying that the city had diverted officers from desk duty to subway platforms and trains.“We’re going to keep putting massive resources into this fight to keep our subways safe,” Mr. Neidhardt said in a statement. “Meanwhile, the M.T.A. sends out statements that point fingers and talk about mayoral politics.”Danny Pearlstein, the policy and communications director for the Riders Alliance, a public transit advocacy group, said in a statement that the subway remained overwhelmingly safe, and he urged Mr. Cuomo not to spread fear about the state of the system.“The reality is that the governor’s fear-mongering may be scaring people away from public transit and making riders who need to travel less safe,” Mr. Pearlstein said in the statement.The victims of the dozen subway attacks this month include: a 60-year-old woman stabbed in the back; two men slashed in the face on separate days; a woman hit in the face with a skateboard; a man visiting from Ecuador attacked with a screwdriver; a transit worker punched in the face, and a subway conductor chased off a train by a razor-wielding man.Several of those episodes resulted in service being shut down, as did other incidents that did not involve attacks on people.On May 5, a man shouting incoherently about Covid-19 vaccines broke into an operator’s compartment on a train car and holed up there for 90 minutes, and hours later another man pulled the emergency brakes on a train, smashed the windows and fled. 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      Census (Barely) Leads to a Congressional Loss for New York

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      [Want to get New York Today by email? Here’s the sign-up.]It’s Tuesday. Weather: An early sprinkle, followed by mixed sun and clouds. High in the mid-60s. Alternate-side parking: In effect until Thursday (Holy Thursday, Orthodox). Johannes Eisele/Agence France-Presse — Getty ImagesThe Census Bureau announced yesterday that New York’s congressional delegation will shrink by one seat starting with the 2022 election, continuing a decline that dates to the 1940s.New York lost the seat by the narrowest of margins: just 89 residents, the fewest to cost a state a representative in the modern era.But even at a reduced size, New York’s delegation will remain one of the most powerful in the country, and its representatives could be crucial to Democratic efforts to retain control of the House.[New York loses a House seat after coming up 89 people short on the census.]Here’s what you need to know:Where New York standsLosing the seat will cut New York’s congressional delegation to 26, putting the state behind California, Texas and Florida, in that order. (California will also lose a seat, Texas will gain two and Florida will gain one.)The small number of people that led to the loss for New York caused some officials to criticize the state’s approach to the census, which was taken during some of the darkest days of the pandemic.“The state was simply M.I.A.,” Julie Menin, who served as the city’s census director, told my colleague Shane Goldmacher.The national pictureDemocratic lawmakers across the country are looking to New York as a bulwark against expected Republican gains in Congress from partisan remapping efforts.In the state, an independent commission made up of an equal number of Democrats and Republicans will formally begin the redistricting process. But if the commission deadlocks, as many think it will, the Democratic-controlled State Legislature will draw the congressional districts.New York is represented by 19 Democrats and eight Republicans in the House. Some hypothetical maps reduce the number of Republicans to three, which would help the Democrats hold their historically narrow House majority.The vanishing districtJack McEnany, a former state assemblyman who oversaw redistricting efforts a decade ago, said that lawmakers would likely look upstate to find the district they want to dissolve.Democrats could push two Republican incumbents into one district or draw lines that make existing Republican seats more Democratic by adding more progressive areas to their districts.From The TimesCuomo, in Rare Public Appearance, Says: ‘I Didn’t Do Anything Wrong’Guard Watched as Man Hanged Himself in Jail, Prosecutors SayAsian Man Who Was Stomped and Kicked in Harlem Is in Critical ConditionSupreme Court to Hear Case on Carrying Guns in PublicHelen Weaver, Chronicler of an Affair With Kerouac, Dies at 89Want more news? Check out our full coverage.The Mini Crossword: Here is today’s puzzle.What we’re readingFifty people were shot in 46 incidents last week in New York City, police figures showed. [NY Post]The city is investigating the organizers of a concert that drew throngs of fans to Tompkins Square Park, saying they misrepresented the event as a smaller political rally. [PIX11]Some ideas for how to gradually return to a “normal” city social life. [Time Out]And finally: Spreading the word about anti-Asian hate crimesFred KwonNew York Police Department data show that hate crimes against people of Asian descent are on the rise in New York, with 66 reported this year as of last Sunday. That’s more than double the 28 recorded in all of 2020.But activist groups and the authorities say many people of Asian descent, particularly older, first-generation immigrants who are not fluent in English, do not report bias incidents to the authorities.Esther Lim took it upon herself to address that reticence by printing booklets in several languages to teach people about hate crime laws and reporting practices. She said the booklets “provide a sense of empowerment” and encourage victims to file reports.“There were no resources provided in their native tongue,” Ms. Lim said in an interview. “All the information I found was in English.”Ms. Lim said that so far she has handed out more than 34,500 booklets in San Francisco, Los Angeles and New York City, where she spent much of last weekend distributing more than 2,000 of them in Manhattan’s Chinatown and Flushing, Queens. She said she had printed booklets in Chinese, Korean, Japanese, Thai, Vietnamese, Tagalog and Spanish, and planned to add Khmer, Arabic, Indonesian and Farsi.The booklets include local hate crime definitions and laws, advice on how to report incidents and useful English phrases.“English isn’t my first language,” one of the phrases says. “Someone is following me. Can you stay next to me until it is safe?”The need for outreach was highlighted again on Friday night, when a 61-year-old Asian man was brutally assaulted in East Harlem.Ms. Lim said that many of the booklet’s recipients, especially if they were older, expressed their gratitude and their anxiety.“They fear going out to even walk around their neighborhood,” Ms. Lim said. “I’m glad that they’re grateful, but sad that this is needed.”It’s Tuesday — speak out.Metropolitan Diary: Flawless Dear Diary:I went to a tailor in the West Village to have a few pairs of pants let out. He told me it would not be possible to make the alteration I was hoping for on these particular trousers.He then proceeded to get down on the floor and demonstrate the proper way to do situps. After doing 10 flawless ones, he snapped back up and advised me to do the same situps 15 minutes each night before going to bed because it “makes you very sleepy.”I thanked him very much, returned to my apartment and went online to order pants in the next waist size up.— Bill OberlanderNew York Today is published weekdays around 6 a.m. Sign up here to get it by email. You can also find it at nytoday.com.What would you like to see more (or less) of? Email us: nytoday@nytimes.com. More

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      Former Houston Officer Investigating ‘Fraudulent’ Ballots Is Charged With Assault

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