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    2 Ex-Officials at Veterans Home Where 76 Died in Covid Outbreak Avoid Jail Time

    The former superintendent and medical director of the Holyoke Soldiers’ Home in Massachusetts were indicted in 2020 on charges of neglect after many residents became sick and died.Two former officials at a Massachusetts veterans’ home where at least 76 people died during a coronavirus outbreak in 2020 won’t have to serve any jail time under a court order imposed by a state judge on Tuesday, according to the Massachusetts Attorney General’s Office.The two — Bennett Walsh, the former superintendent at Holyoke Soldiers’ Home in Holyoke, Mass., and Dr. David Clinton, the former medical director there — were each indicted in September 2020 on five criminal counts of neglect, the attorney general’s office said.The charges were centered on a decision by the facility in March 2020 to consolidate two dementia units into one, which led to the “mingling” of residents who had contracted the coronavirus with others, the attorney general’s office said when the indictment was announced.The move to consolidate the units happened in the early days of the pandemic as many were just beginning to learn how the coronavirus spread. What followed was an outbreak that led to the deaths of at least 76 people at the facility.At a hearing on Tuesday afternoon at the Hampshire County Superior Court in Northampton, Mass., the attorney general’s office asked that Mr. Walsh and Dr. Clinton be sentenced to one year of home confinement, with three years of probation.Mr. Walsh and Dr. Clinton asked the court for a continuance without a finding, meaning that they would admit that there was enough evidence to find them guilty, according to the attorney general’s office.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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    Insurance Companies and the Prior Authorization Maze

    More from our inbox:Elect the U.S. Attorney GeneralFriendship MemoriesA Leadership GapInsurance companies have weaponized a seemingly benign process to protect their profits, and it’s putting patients at risk.To the Editor:Re “‘What’s My Life Worth?’ The Big Business of Denying Medical Care,” by Alexander Stockton (Opinion video, March 14), about prior authorization:Mr. Stockton’s video captures a current snapshot of an important truth about medical insurance in our country and in doing so does a service to all citizens by making them aware of this threat to themselves and their families.The immediate truth is that medical insurance companies are inadequately regulated, monitored and punished for their greed. In their current iteration they are bastions of greed, power and money. They need to be reined in.But there are other truths as well. Some physicians, just like some pharmaceutical companies, are unable to contain their greed and allow avarice to cloud their judgment, compromise their ethics and in some cases cross the line to Medicare fraud or other illegal activity.Medical care in our country is very big business involving billions of dollars. Without proper controls, regulation and monitoring, malfeasance follows. The challenge in such a complex and multifaceted context is how to implement such controls and monitoring without making things worse.Ross A. AbramsJerusalemThe writer, a retired radiation oncologist, is professor emeritus at Rush University Medical Center in Chicago.To the Editor:The Times’s video exploits tragic outcomes and does not mention basic important facts about the limited yet key role of prior authorization in ensuring that patients receive evidence-based, affordable care.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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    Instagram and Facebook Subscriptions Are a New Focus of Child Safety Suit

    New Mexico’s attorney general has accused Meta of not protecting children from sexual predators on its platforms. He now wants to know how it polices subscribers to accounts featuring children.The New Mexico attorney general, who last year sued Meta alleging that it did not protect children from sexual predators and had made false claims about its platforms’ safety, announced Monday that his office would examine how the company’s paid-subscription services attract predators.Attorney General Raúl Torrez said he had formally requested documentation from the social media company about subscriptions on Facebook and Instagram, which are frequently available on children’s accounts run by parents.Instagram does not allow users under 13, but accounts that focus entirely on children are permitted as long as they are managed by an adult. The New York Times published an investigation on Thursday into girl influencers on the platform, reporting that the so-called mom-run accounts charge followers up to $19.99 a month for additional photos as well as chat sessions and other extras.The Times found that adult men subscribe to the accounts, including some who actively participate in forums where people discuss the girls in sexual terms.“This deeply disturbing pattern of conduct puts children at risk — and persists despite a wave of lawsuits and congressional investigations,” Mr. Torrez said in a statement.Mr. Torrez filed a complaint in December that accused Meta of enabling harmful activity between adults and minors on Facebook and Instagram and failing to detect and remove such activity when it was reported. The allegations were based, in part, on findings from accounts Mr. Torrez’s office created, including one for a fictitious 14-year-old girl that received an offer of $180,000 to appear in a pornographic video.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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    Michigan’s G.O.P. Nominating Process Appears Headed For Chaos

    As early in-person voting began on Saturday in Michigan, a fight for control of the G.O.P. in the crucial battleground state plunged Republicans there deeper into a political maelstrom, with rival factions potentially barreling toward hosting dueling nominating conventions.As if things weren’t already confusing.In a little over a week, the state will host a traditional primary on one day, and then a caucus-style convention a few days later. Now, it seems, there could actually be two conventions, in different parts of the state, each claiming legitimacy.Former President Donald J. Trump is headed to Michigan on Saturday night, with a campaign rally in Waterford Township, about 30 miles northwest of Detroit. While he has made it clear which faction he is supporting, and so has the national party, that has done little to dissuade the Trump-styled election denier attempting to hold on to power.The feud, already being waged in state court, appears to be only gaining intensity.Pete Hoekstra, whom the Republican National Committee recognized on Wednesday as the state party’s rightful chairman after his election last month, said he was moving forward with plans to hold a statewide nominating convention on March 2 in Western Michigan.But Kristina Karamo, defying the R.N.C.’s determination that she had properly been removed as party chairwoman earlier in January and Mr. Trump’s endorsement of Mr. Hoekstra, has also indicated that she will continue hosting a convention on the same day, for the same purpose, but in Detroit.At stake at the convention will be 39 of Michigan’s 55 Republican presidential delegates. The other 16 will be decided during the state’s Feb. 27 primary, which includes at least nine days of early voting. The hybrid process, new this year, was adopted by Republicans in order to comply with R.N.C. rules after Michigan’s Democratic governor moved up the primary date.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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    Michigan Republican Regrets Participation as Fake Trump Elector

    The Trump supporter is the only one of the 16 fake Michigan electors who has agreed to cooperate with the authorities and had charges against him dropped.One of the Republicans in Michigan who acted as a fake elector for Donald J. Trump expressed deep regret about his participation, according to a recording of his interview with the state attorney general’s office that was obtained by The New York Times.The elector, James Renner, is thus far the only Trump elector who has reached an agreement with the office of Michigan Attorney General Dana Nessel, which brought criminal charges in July against all 16 of the state’s fake Trump electors. In October, Ms. Nessel’s office dropped all charges against Mr. Renner after he agreed to cooperate.Mr. Renner, 77, was a late substitution to the roster of electors in December 2020 after two others dropped out. He told the attorney general’s office that he later realized, after reviewing testimony from the House investigation of the Jan. 6, 2021, attack on the Capitol, that he and other electors had acted improperly.“I can’t overemphasize how once I read the information in the J6 transcripts how upset I was that the legitimate process had not been followed,” he said in the interview. “I felt that I had been walked into a situation that I shouldn’t have ever been involved in.”Mr. Renner’s lawyer, Matthew G. Borgula, had no comment.Charges have now been brought against fake electors in three states — Georgia, Michigan and Nevada — and investigations are underway in other states, including Arizona and New Mexico. In Georgia, prosecutors in Fulton County, which includes Atlanta, have looked far beyond the electors themselves and charged Mr. Trump, the former president, and many of his key allies over their efforts to keep him in power despite his loss in 2020. Mr. Trump also faces charges over election interference from Jack Smith, the special counsel appointed by U.S. Attorney General Merrick Garland.In Michigan, Ms. Nessel, a Democrat, has only charged the electors, but has said her investigation is still open. During their interview of Mr. Renner, her investigators asked about a number of other people involved, including Shawn Flynn, a lawyer who worked with the Trump campaign on the ground in Michigan, and Rudolph W. Giuliani, Mr. Trump’s former personal lawyer. (Mr. Giuliani is among those charged in Georgia; both he and Mr. Trump have pleaded not guilty.)It is not clear if they, or Mr. Trump himself, have legal exposure in Michigan. The Detroit News recently reported that Mr. Trump was taped in December 2020 pressuring two members of the Wayne County Board of Canvassers not to certify the election results, providing direct evidence of his role in trying to overturn the Michigan vote.Mr. Renner is a former state trooper and a retired businessman who volunteered as a local party activist in Clinton County, which is near Lansing, the state capital. He had never served as an elector before and typically supported Republican campaigns by passing out signs and distributing fliers. He said he was contacted by the head of the county Republican Party a day or so before the electors had planned to meet on Dec. 14, 2020, was asked to fill in for someone who was dropping out and agreed to do so.Attorney General Dana Nessel of Michigan brought criminal charges against all 16 of the state’s fake Trump electors in July.Nick Hagen for The New York TimesSince Michigan had already been certified for Joseph R. Biden, Jr., who won the state by more than 150,000 votes, the Trump electors were barred from convening in the Capitol building, which was largely closed at the time because of the pandemic. They ended up meeting in the basement of the state Republican headquarters.During a pretrial hearing earlier this month for several of the electors, Laura Cox, the former chairwoman of the state Republican Party, testified that she and other local party officials had drafted language for the electors to sign that made clear they were only acting on a contingency basis, in the event that the Trump campaign’s election litigation succeeded. But Ms. Cox was sidelined by Covid on the day of the meeting, and she said the Trump campaign went against her instructions by not including such language.At the same pretrial hearing, Terri Lynn Land, a former Michigan secretary of state who was originally designated as a 2020 Republican elector, said she declined to meet on Dec. 14, 2020, because Mr. Trump had not been certified by state officials. Tony Zammit, a former spokesman for the state party who attended part of the meeting, testified that in his view, the “vast majority” of the electors were not culpable but “going along with what the lawyers were telling them.”Mr. Renner said in his interview with investigators that when he showed up, “I knew nothing about the electoral process.” Three of the electors took the lead at the signing session, he said: Meshawn Maddock, a former co-chair of the state Republican Party; Kathleen Berden, a Republican national committeewoman; and Marya Rodriguez, the only lawyer among the electors. (They have all pleaded not guilty.)In the interview, Mr. Renner said that “I was accepting the individuals that were in authority” knew “what they were talking about.”But he said that he later began studying the House transcripts and official procedure for the electors after he and the other fake Trump electors were sued in civil court this January. And he was alarmed by what he found, he said.“It was only then that I realized that, hold it, there is an official state authorized process for this,” he said. Before that, he said, “I had never been an elector, I had never discussed it with anybody. I was used to a much more informal process at the county level. And so that’s when I became suspicious of what had gone on.”He said he later realized that “what happened was not legitimate.”In Georgia, more than half of the fake Trump electors agreed to cooperate with prosecutors before charges were brought in the case there. In Michigan, all eight charges against Mr. Renner, including forgery and conspiracy counts, were dropped as part of his agreement with Ms. Nessel’s office.Her ongoing investigation means that the legal aftermath of the last presidential election in Michigan will not be over before voting begins in the next one. Pretrial hearings in the electors case are scheduled to last into February; the state’s presidential primary takes place on Feb. 27.“I am very upset, I don’t show it, but I am,” Mr. Renner told investigators, adding that to say he felt “betrayed is an understatement. That’s all I can say.” More

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    Trump’s Credibility, Coherence and Control Face Test on Witness Stand

    The former president will testify Monday in a trial that threatens the business empire that created his public persona. He will be out of his element and under oath.Donald J. Trump took the rally stage on a scorching August day in New Hampshire, a political shark, brazen and sly, as he ridiculed his legal opponents as “racist” and “deranged.”On Monday, the former president will come face-to-face with one of those opponents, but on a stage where he is far less comfortable.New York’s attorney general, Letitia James, will call Mr. Trump to the witness stand at his own civil fraud trial in Manhattan, where, under oath and under fire, the former president will try to convince a single skeptical judge — not a jury — that he did not inflate his net worth to defraud banks and insurers.Attorney General Letitia James has already won the central contention of the case, that the defendants committed fraud.Doug Mills/The New York TimesPrivately, Mr. Trump has told advisers that he is not concerned about his time on the stand. He held preparation sessions when he was in New York attending the trial and will again over the weekend before he makes his appearance after court begins on Monday morning, according to people briefed on the matter.The former president believes he can fight or talk his way out of most situations. Frequent visits to the courtroom have also given Mr. Trump familiarity with the unwieldy proceeding, where he projects control, often whispering in his lawyers’ ears, prompting their objections to the attorney general’s questions.Yet Mr. Trump is deeply, personally enraged by this trial — and by the fact that his children have had to testify, several people who have spoken with him said — and he may not be able to restrain himself on the stand.The testimony will push Mr. Trump far outside his comfort zone of social media and the rally stage, where he is a master of mockery, a no-holds barred flamethrower who relishes most opportunities to attack foes. He leveraged that persona during his days as a tabloid businessman and fixture of New York’s tabloids and found that it worked just as well in the 2016 presidential race. He has since taken control of the Republican Party, and his style has become a defining influence in contemporary politics.The witness stand is a different venue. It’s a seat that requires care and control, where lying is a crime and emotional outbursts can land you in contempt of court. Another risk during his time on the stand: Mr. Trump, 77, has been showing signs of strain and age on the campaign trail, mixing up the names of foreign leaders and at one point confusing which city he was in.The test of the former president’s credibility, coherence and self-control could supply his opponents with ammunition on the campaign trail, where Mr. Trump is the leading Republican contender for the White House.Along with the civil fraud trial, Mr. Trump faces four criminal indictments from prosecutors up and down the East Coast. While the varied legal woes present a costly distraction in the midst of his third White House run, Mr. Trump has managed to bring the campaign trail to the courthouse, where he casts himself as a political martyr under attack from Democrats like Ms. James.Mr. Trump, of course, is no stranger to the courtroom. He has taken the witness stand in at least two other civil trials, most recently a decade ago, in a Chicago case related to his property there. He was cranky and sometimes combative, but ultimately won.Justice Arthur F. Engoron has barred the former president from commenting on court staff and fined him $15,000.Dave Sanders for The New York TimesDuring a long and litigious career, he has also testified under oath in numerous depositions — more than 100 by his own estimate — and he has made it something of a sport to spar with his interrogators. His spontaneity under oath may have cost him: He has lost several lawsuits, and his depositions have often been used against him.A trial is far weightier than a deposition, and it takes place in a more controlled environment. Mr. Trump’s lawyers have long highlighted for him the perils of speaking under oath to those seeking to hold him to account. Mr. Trump, eschewing his instinct to talk and bully his way out of a problem, has chosen silence when the legal stakes are highest.He declined to appear before a Manhattan grand jury that ultimately indicted him on charges related to a hush-money deal with a porn star. He rejected an interview with a special counsel investigating his campaign’s ties to Russia, submitting written responses instead. And he initially invoked his right against self-incrimination rather than answer Ms. James’s questions about his net worth.He eventually had a change of heart in the attorney general’s case, answering questions under oath in a deposition this spring. Although he could have continued to invoke his constitutional right not to testify, he had a strong incentive to talk: In a civil case, a jury or judge is allowed to draw negative conclusions from a defendant’s refusal to testify. Doing so would have almost certainly spelled doom for his defense and further exposed him to the harshest of the penalties that Ms. James is asking for, including a $250 million fine.Still, his testimony at trial is unlikely to do him much good.Mr. Trump got off on the wrong foot with the judge, Arthur F. Engoron, who will decide the outcome of the trial. Justice Engoron barred the former president from commenting on court staff after Mr. Trump criticized the judge’s law clerk, and already fined him $15,000 for twice violating the order.At one point, Justice Engoron summoned Mr. Trump to the witness stand to determine whether he had broken the rule. After three minutes, the judge concluded the former president’s statements in his own defense were “hollow and untrue.”Even before the trial, the judge ruled that the former president had persistently committed fraud. What is left to be determined is any penalty Mr. Trump might have to pay and whether he will be banished from the world of New York real estate that made him famous.At the heart of Ms. James’s case is the accusation that Mr. Trump, his adult sons and their family business manipulated the former president’s net worth on annual financial statements. Mr. Trump’s company, the Trump Organization, submitted the statements to banks, duping them into issuing favorable loans, Ms. James says.Last week, Mr. Trump’s elder sons, Eric and Donald Trump Jr., took the stand, seeking to shift blame for the financial statements onto others, including the company’s external accountants.When Donald Trump Jr. was shown a message he had sent to the accountants that certified that the statements were accurate, he referred to it dismissively as a “cover-your-butt letter.”And Eric Trump was defiant when asked whether he had intended to tell lenders the truth about the value of the family’s assets. He certainly had, he said, adding, “I think my father’s net worth is far higher than that number.”Eric Trump, the former president’s son, was among three of his children who will testify in the case.Hiroko Masuike/The New York TimesThe former president’s testimony is expected to follow the pattern set out in his deposition in April: He is likely to insist that there was a disclaimer on the financial statements — which he refers to as a “worthless” clause — that made it clear that banks should do their own due diligence. He will also probably cling to the principle that real estate valuations are an art, not a science.“Many lawyers have come to me and said, ‘You have the greatest worthless clause I’ve ever seen,’” Mr. Trump said in the deposition. “‘How can they be using this statement against you?’”Mr. Trump’s obsession with his wealth is a defining feature of his celebrity. He once posed as one of his own aides to claim a higher net worth to a Forbes magazine reporter helping assemble the publication’s famous annual list of the wealthy, according to the reporter who took the call.He used the image of an enormously rich titan of industry — despite a relatively small portfolio compared with New York’s largest developers — to sell his book “The Art of the Deal” in 1987. That ghostwritten portrait was the basis for putting Mr. Trump on the reality television show “The Apprentice,” which enhanced his fame and forged a durable national identity that propelled his run for president in 2015.The questions he’ll face on the stand threaten the heart of that identity.But this is not the first case to tackle Mr. Trump’s exaggerations of wealth. In 2006, Mr. Trump sued the journalist Timothy L. O’Brien for writing a book that cast doubt on his net worth, and in a deposition, Mr. Trump made damaging admissions, including that his net worth “can vary actually from day to day,” and that he determined it by gauging “my general attitude at the time.”“Have you ever exaggerated in statements about your properties?” Mr. O’Brien’s lawyer asked him.“I think everyone does,” Mr. Trump replied.A judge later dismissed Mr. Trump’s lawsuit. More

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    Trump’s Trial Starts Monday. It Will Spotlight What He’s Really Worth.

    The judge in the civil case has already decided Donald J. Trump inflated his financial statements. Now, he will make rulings that will affect Mr. Trump’s future as a businessman.Follow our live coverage of Trump’s civil fraud trial.From his earliest days as a real estate developer to his renegade run for the White House, Donald J. Trump honed a very particular skill: the art of the boast.“I look better if I’m worth $10 billion than if I’m worth $4 billion,” he once said, disputing his ranking on the Forbes billionaires list.After decades of exaggerating with impunity, Mr. Trump will go on trial Monday, facing a lawsuit brought by New York’s attorney general, Letitia James, that accuses him of inflating his riches by billions of dollars and crossing the line into fraud. It will be the first of several government trials he will face in the coming year, a procession of high-stakes courtroom battles that coincide with his third White House run.And it will be an avidly scrutinized spectacle that will lift the curtain on Mr. Trump’s reputation as a businessman, a core piece of his identity.Ms. James’s civil case, separate from Mr. Trump’s four criminal indictments, accuses the former president, his adult sons and their family business of inflating the value of Mr. Trump’s assets to secure favorable loan terms from banks. Mr. Trump, who has denied wrongdoing, is expected to attend the opening day of the trial and eventually will be called to testify.Before the trial even begins, Mr. Trump is losing. The New York State Supreme Court judge overseeing the case ruled last week that Mr. Trump had persistently committed fraud, deciding that no trial was needed to determine the veracity of the claims at the core of Ms. James’s lawsuit. The judge, Arthur F. Engoron, also imposed a heavy punishment, stripping the Trumps of control over their signature New York properties — a move that could crush much of the business known as the Trump Organization.Ms. James is now asking for more from Justice Engoron, who will determine the outcome of the trial himself; there will be no jury. She wants Mr. Trump to be fined as much as $250 million and to be permanently barred from running a business in New York. If she succeeds, the former president would be unceremoniously evicted from the world of New York real estate that made him famous.The New York attorney general, Letitia James, brought the case under a state law that gives her sweeping power.Hiroko Masuike/The New York TimesWhile there is no doubt that the former president is worth a lot of money, the trial will determine how much he and his adult sons exaggerated that wealth and what the ultimate consequences will be.Howard M. Erichson​, a professor at Fordham Law School who specializes in civil procedure, emphasized that Justice Engoron’s earlier decision had already resolved the question of fraud at the heart of the case. What remained were details, he said.“But those details are important,” he said, “Because those details determine what Donald J. Trump and the Trump Organization will be prohibited from doing, as well as the size of any civil penalty.”Until last week, it appeared as if the trial might not start on time, or have much impact on the former president. Mr. Trump had sued Justice Engoron and Ms. James, claiming that they had ignored an appeals court decision in June that raised the prospect that some of the accusations were too old to proceed to trial. The appeals court granted a brief pause while it considered his case.On Thursday, the appeals court rejected that last-ditch effort, clearing the way for the trial to begin.Mr. Trump has accused Ms. James and Justice Engoron, who are both Democrats, of carrying out a political crusade against him. He has called the judge “deranged” and Ms. James, who is Black, a racist.The former president and his sons, Donald Trump Jr. and Eric Trump, who took the reins of the family business when their father ascended to the White House, are all expected to be called to the witness stand. Ms. James has already questioned Mr. Trump twice under oath, though at one session he invoked his Fifth Amendment right against self-incrimination. A lawyer for Ms. James indicated last week that Mr. Trump will be one of the last witnesses called.Harlan Levy, who served as chief deputy New York state attorney general under one of Ms. James’s predecessors and is now a partner at Foley Hoag, called the former president’s testimony “a wild card.”Whether or not Mr. Trump ultimately takes the stand, Ms. James’s trial kicks off what is shaping up to be one of the most painful periods in his long public life.In March, he will stand trial on federal criminal charges for his effort to overturn the results of the 2020 election. In May, the federal case accusing him of mishandling classified documents and obstructing the government’s efforts to wrest them back is scheduled to go to trial. And after that, he will face two criminal trials from local prosecutors: one in Manhattan, where he was charged related to hush-money payments to a porn star, and the other in Georgia, where he is accused of racketeering for trying to alter the outcome of the state’s vote in the election.The criminal consequences in those cases are starker than the punishments Ms. James is seeking in her civil proceeding; in some of the proceedings, Mr. Trump could face years behind bars.All the legal peril, however, has only helped him politically. Mr. Trump is running far ahead of the rest of the Republican field — his polling went up after he was first indicted this spring — and is a heavy favorite for the 2024 nomination.Yet even as he thrives in the race, Mr. Trump faces a threat to the heart of his identity: Ms. James’s case rips away the facade of unlimited wealth that he is most proud of and that provided the platform for his political rise.The trial will begin at 10 a.m. at the New York State Supreme Court Building on Foley Square in Lower Manhattan, which is emblazoned with the slogan “the true administration of justice is the firmest pillar of good government.”The witness lists suggest that the trial could last months — and will involve a who’s who of Mr. Trump’s universe. More than 50 people are on Ms. James’s list — including Allen H. Weisselberg, the Trump Organization’s former financial gatekeeper who testified in the company’s criminal tax fraud trial last year and who is also a defendant in this case. The list may shrink, and although the trial was scheduled to last nearly until Christmas, it is likely to be shorter.Presiding over it all will be Justice Engoron, a charismatic and eccentric judge who has been a thorn in the side of Mr. Trump and his lawyers for more than a year.Justice Engoron maintains a light atmosphere in the courtroom, often ribbing the lawyers, particularly Christopher M. Kise, who represents Mr. Trump. But he has been harsh at times: Even before he removed Mr. Trump’s control of his New York companies last week, he fined the former president $110,000 for failing to comply with a subpoena. And he fined Mr. Trump’s lawyers $7,500 each for repeating arguments that he had previously rejected.Donald Trump Jr., far left, and Eric Trump took the reins of the family business when their father ascended to the presidency. Drew Angerer/Getty ImagesThose defense arguments essentially amounted to no harm, no foul. Mr. Trump, his lawyers argued, is accused of misleading banks that actually made money from their dealings with him. He never missed a loan payment, and the banks did not rely on the financial statements that Ms. James believes are a work of fiction.But Justice Engoron noted in his ruling last week that a powerful state law allows Ms. James to pursue “persistent fraud” without having to show that a defendant actually intended to defraud anyone, or that their actions resulted in financial loss — a lower bar than most fraud cases. It also affords drastic remedies, empowering her to seek steep financial punishments and the cancellation of Mr. Trump’s certificates to operate a business in New York.Justice Engoron’s decision last week went property by property — from Trump Tower on Fifth Ave to his Mar-a-Lago estate in Florida and a golf course in Scotland — concluding that Mr. Trump had in fact engaged in fraud as Ms. James said. (The accusations concern some of Mr. Trump’s properties outside New York, but any consequences would apply to his assets within the state.)Take, for example, Mr. Trump’s triplex apartment in Trump Tower. Ms. James accused Mr. Trump of overestimating its size, saying it was 30,000 square feet, when it was actually about 11,000. Justice Engoron noted that Mr. Trump’s lawyers had “absurdly” suggested that the calculation of square footage was subjective.“A discrepancy of this order of magnitude, by a real estate developer sizing up his own living space of decades, can only be considered fraud,” he wrote. The matters still to be hashed out at trial will require Ms. James to show that Mr. Trump intended to commit fraud and may require her to convince Justice Engoron that the inflated financial statements were taken seriously by the banks and insurance companies that received them.If Mr. Trump testifies, he will have to do a better job of defending himself than he did in his sworn deposition earlier this year. Justice Engoron was not impressed, as he made clear in his order last week.“The defenses Donald Trump attempts to articulate in his sworn deposition are wholly without basis in law or fact,” the judge wrote. More

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    As His Trial Begins, Trump Looks to Capitalize On It

    The former president is making the case to his supporters that he is being wrongfully prosecuted. And it might bring him more support.Former President Donald J. Trump is expected to attend the opening of the civil trial in the New York attorney general’s fraud case against him on Monday, as his political team seeks to turn it into a rallying cry for supporters.The decision to show up voluntarily in court by Mr. Trump, who has already been compelled to courthouses in four different criminal arraignments this year, underscores how personally aggrieved Mr. Trump feels by the accusations of fraud, as well as his own self-confidence that showing up will help his legal cause.The move also reveals how inverted the norms of politics have become in the Trump-era Republican Party: Being accused of wrongdoing could be politically beneficial despite the very real legal jeopardy.In a political age in which candidates are defined as much by their critics and opponents as by their stances, some of Mr. Trump’s advisers see an opportunity in a case first brought by a Democratic New York attorney general, Letitia James, even if the accusations cut to the heart of his identity.In some ways, the Trump campaign, which has seen his supporters galvanized by the criminal charges he’s faced, is trying to turn the civil case into something akin to a fifth indictment — a moment to motivate his base.“Trump seems to be approaching his legal troubles like a hand of hearts — one or two indictments hurt you politically, but if you collect them all, you might shoot the moon,” Liam Donovan, a Republican operative, said. “The sheer volume and variety obscures the individual cases and their fact patterns, and plays into Trump’s argument that his opponents are trying to take him down by whatever means they can.”For Mr. Trump, his attendance at trial is far more personal than political, according to a person familiar with his thinking. The former president is enraged by the fraud charges and furious with both the judge and the attorney general. And Mr. Trump, who is a control enthusiast, believes that trials have gone poorly for him when he hasn’t been present, and he hopes to affect the outcome this time, according to the person.The former president, for instance, never attended the civil trial earlier this year in which the writer, E. Jean Carroll, accused him of raping her in the 1990s, despite publicly toying with the idea of appearing. Mr. Trump was found liable for sexually abusing Ms. Carroll and defaming her.People close to Mr. Trump cautioned that he could decide against appearing, since he was not required to do so, but they were planning for him to attend at least the first day and possibly the second day as well.Over the weekend, Mr. Trump’s campaign openly sought to take advantage of the attention, sending fund-raising solicitations that teased his possible attendance and accusing Democrats of “trying to keep me off the campaign trail.”“After four sham arrests, indictments, and even a mug shot failed to break me, a Democrat judge is now trying to destroy my Family Business,” Mr. Trump wrote in a fund-raising message on Saturday.The push to highlight the trial comes at a critical juncture for Mr. Trump’s primary challengers, who face a narrowing window to show signs of life in a race that Mr. Trump has threatened to run away with.The specifics of the case can seem almost beside the point. A New York trial judge, Arthur F. Engoron, issued a surprise pretrial ruling last week that found Mr. Trump liable for overvaluing his properties. The ruling left his assets, including Trump Tower itself, vulnerable to seizure. The point of the trial is to determine the scope of damages that Mr. Trump and his company must pay — as much as $250 million. Mr. Trump and his lawyers have argued that the ruling is illegitimate and doesn’t follow the facts of the case.Years ago, a decision like the one that Justice Engoron issued would have been a source of embarrassment for a candidate and might have been considered by that candidate’s supporters as a reason to back someone else.But this is the new post-shame period of politics, in which candidates have observed over time that the mistake is allowing oneself to be thrown out of the ring. That sentiment affects both parties, to a degree: A Democratic senator, Bob Menendez of New Jersey, was indicted on corruption charges, and gold bars were found in his house. He has pleaded not guilty and vowed to stay in the Senate.However, a number of his colleagues have called for him to resign, in stark contrast to how the vast majority of Republican officials have gingerly handled — and continued to support — Mr. Trump, echoing his repeated claim that he’s the victim of political persecution.Mr. Trump’s single previous highest day of fund-raising, according to the campaign, came after his mug shot was released in his Georgia indictment, which accused him of being part of a criminal conspiracy to overturn the 2020 election.Corry Bliss, a veteran Republican political strategist, said all the previous indictments and legal cases have blended together for most Republican primary voters into a single picture of a former president wrongly under attack.“If anything, it’s reinforced a belief among the large segment of the base that Trump is treated unfairly and the Democrats dislike him so much that they’re willing to do whatever it takes to defeat him — whether that’s electorally or in the judicial system,” Mr. Bliss said. “The legal facts that most Republicans are interested in are the Hunter Biden facts. Period. End of discussion.”Any attention on the Trump case is also likely to rob Mr. Trump’s rivals of the political oxygen they need to close the substantial advantage that the former president holds in the polls. None of his opponents, including Gov. Ron DeSantis of Florida, have yet to figure out a way to turn Mr. Trump’s multitude of legal troubles against him, or to cut through the extensive media coverage.“It starves them,” said Raheem Kassam, editor in chief of The National Pulse, a conservative news site, who interviewed Mr. Trump last week. “It starves them.”For Mr. Trump, Mr. Kassam said, “every step of the way it drags on, it only empowers him” in part because “notoriety at this point” is an advantage itself. And that trend, he noted, is not exclusive to Mr. Trump, citing Representative Matt Gaetz of Florida, a Trump ally, who faced an investigation related to sex-trafficking that was eventually dropped.“If you look at what happened to Gaetz, his star rose because of it,” Mr. Kassam said.Mr. Trump’s family has explicitly tried to frame the coming trial as an example of political persecution, deploying the same language as they have in his criminal cases. Mr. Trump has called Judge Engoron “deranged,” the very same term he has sought to apply to the Justice Department’s special counsel, Jack Smith.“I’ve never even seen anything like it,” Donald Trump Jr. said in an interview last week on The Charlie Kirk Show. “This is sort of like the start of the Bolshevik Revolution — we don’t like you, so we’re going to confiscate property.”He added, “Hey, our last name is Trump, so we have to be punished.” More