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      Trump Says He Will Be Arrested on Tuesday as Indictment Looms

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      His indictment by a Manhattan grand jury is expected, but its timing is unclear.With former President Donald J. Trump facing indictment by a Manhattan grand jury but the timing of the charges uncertain, he declared on his social media site on Saturday that he would be arrested on Tuesday and demanded that his supporters protest on his behalf.Mr. Trump made the declaration on his site, Truth Social, at 7:26. a.m., in a post that ended with, “THE FAR & AWAY LEADING REPUBLICAN CANDIDATE AND FORMER PRESIDENT OF THE UNITED STATES OF AMERICA, WILL BE ARRESTED ON TUESDAY OF NEXT WEEK. PROTEST, TAKE OUR NATION BACK!”Two hours later, a spokesman issued a statement clarifying that Mr. Trump had not written his post with direct knowledge of the timing of any arrest.“President Trump is rightfully highlighting his innocence and the weaponization of our injustice system,” the statement said.The Manhattan district attorney’s office declined to comment.Although prosecutors working for the district attorney, Alvin L. Bragg, have signaled that an indictment of Mr. Trump could be imminent, they have not told Mr. Trump’s lawyers when charges would be sought or when an arrest would be made, people with knowledge of the matter said. At least one more witness is expected to testify in front of the grand jury, which could slightly delay any indictment, the people said.And one of the people said that even if the grand jury were to vote to indict the former president on Monday, a Tuesday surrender was unlikely given the need to arrange timing, travel and other logistics.The statement from Mr. Trump’s spokesman did not explain how he landed on Tuesday as the arrest date, but one of the people with knowledge of the matter said that his advisers’ best guess was that it could happen around then, and that someone may have relayed that to the former president.Mr. Trump, who faced his first criminal investigation in the late 1970s, has been deeply anxious about the prospect of arrest, which is expected to include being fingerprinted, one of the people said. When the Trump Organization’s former chief financial officer, Allen H. Weisselberg, was arrested in 2021, Mr. Trump watched in horror as television news showed Mr. Weisselberg flanked by officers in the courthouse and said he couldn’t believe what was being done to him.Mr. Trump’s post urging his supporters to “PROTEST, TAKE OUR NATION BACK!” carried unmistakable echoes of the incendiary messages he posted online in the weeks before the attack on the U.S. Capitol. In the most notorious of those messages, he announced on Twitter that he would hold a rally in Washington on Jan. 6, 2021. “Be there,” he told his millions of followers. “Will be wild.”At that rally, at the Ellipse near the White House, Mr. Trump told supporters to march to the Capitol, where the certification of the 2020 presidential election was taking place. He is under investigation by federal prosecutors for his activities in the lead-up to the attack.Investigators later determined that far-right extremist groups as well as ordinary Trump supporters had read that tweet — posted on Dec. 19, 2020 — as a clear-cut invitation and almost immediately sprung into action, acquiring protective gear, setting up encrypted communications channels and, in one case, preparing heavily armed “quick reaction forces” to be staged outside of Washington for the event.Leaders of groups like the Proud Boys and the Three Percenter militia movement also started to whip up their members with bellicose language as their private messaging channels were increasingly filled with plans to rush to Mr. Trump’s aid.On Friday evening, Mr. Trump’s campaign announced what could be his first rally after an indictment: an event in Waco, Texas, where deadly clashes between federal officials and extremists occurred 30 years ago around this time..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.New York officials have been discussing security arrangements in and around the Manhattan Criminal Court in case of an indictment of Mr. Trump, according to people with knowledge of the planning, which was first reported by NBC News. He is expected to be charged in connection with a hush money payment his former fixer and lawyer, Michael D. Cohen, made to an adult-film actress who claimed to have had an affair with Mr. Trump.Mr. Cohen made the $130,000 payment to the actress, Stormy Daniels, to bury her story of the affair.The payment came in the run-up to the 2016 presidential election, and Mr. Trump subsequently reimbursed Mr. Cohen. Prosecutors are expected to accuse Mr. Trump of overseeing the false recording of the reimbursements in his company’s internal records. The records falsely stated that the payments to Mr. Cohen were for “legal expenses.”There have been several signals that charges may be imminent: The prosecutors gave Mr. Trump an opportunity to testify, a right afforded to people who will soon face indictment, and have questioned nearly every major player in the hush money saga in front of the grand jury.Mr. Trump has denied all wrongdoing, as well as having had an affair with Ms. Daniels.Early on Saturday morning, there was little evidence that Mr. Trump’s new demand for protests had been embraced by extremist groups.But Ali Alexander, a prominent organizer of the “Stop the Steal” rallies following the 2020 election, reposted a message on his Telegram channel on Saturday suggesting that he supported a mass protest to protect Mr. Trump.“Previously, I had said if Trump was arrested or under the threat of a perp walk, 100,000 patriots should shut down all routes to Mar-a-Lago,” Mr. Alexander wrote. “Now I’m retired. I’ll pray for him though!”Without the platform provided by the White House or the machinery of a large political campaign, it is unclear how many people Mr. Trump is able to reach, let alone mobilize, via Truth Social.And it remained unclear if he would repeat his call for action or increase the stakes with more aggressive language. But his political allies made plain this week that they were preparing for a political war on Mr. Bragg.For months Mr. Trump has been attacking Mr. Bragg, who is Black, as “racist.” Mr. Bragg won a conviction for tax fraud against the Trump Organization last year, though he did not charge Mr. Trump personally.Some of Mr. Trump’s supporters responded of their own accord with violence after F.B.I. agents, acting on a search warrant, descended on Mar-a-Lago, his private club and residence in Florida, in August and carted away boxes of documents in an investigation into the former president’s handling of classified material.Days after the search, an armed Ohio man who had posted online about his outrage over what happened at Mar-a-Lago tried to breach the F.B.I.’s field office outside Cincinnati. He was later killed in a standoff with local officers.The unexpected Saturday morning salvo from the former president provided a preview of the kind of chaos that Mr. Bragg is likely to face if he moves forward with an indictment in the near future.Mr. Bragg, a former federal prosecutor and deputy New York attorney general, has some history of prosecuting public officials. But he is unaccustomed to dealing with a figure as high-profile, erratic and pugilistic as the former president, and it is unclear how his office will deal with future outbursts from Mr. Trump. More

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      As a Possible Indictment Looms, Trump’s Team Plans to Attack

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      If the former president faces criminal charges, his campaign plans to begin a broad offensive against Alvin Bragg, the Manhattan district attorney and a Democrat, accusing him of political bias.As former President Donald J. Trump faces likely criminal charges, his campaign is preparing to wage a political war.With an indictment looming from the Manhattan district attorney, Alvin L. Bragg, Mr. Trump’s campaign is laying the groundwork for a broad attack on Mr. Bragg, a Democrat. According to two of Mr. Trump’s political allies, the campaign will aim to portray any charges as part of a coordinated offensive by the Democratic Party against Mr. Trump, who is trying to become only the second former president to win a new term after leaving office.It is unclear what data points, if any, the Trump team plans to point to beyond Mr. Bragg’s party registration in order to make a case that the district attorney is part of a broader political conspiracy against the former president. It is also uncertain whether Mr. Trump will add lawyers to his legal defense team or bring on a communications adviser to play a more traditional role of responding to what will be a crush of media questions related to a potential indictment.Mr. Trump’s two allies said his campaign was adding staff members, particularly to focus on pushing out their message and their attacks on the prosecutors. In addition, the campaign has been putting together a database listing everyone — members of Congress, legal experts, media figures — who have cast doubts on the strength of the district attorney’s case, the allies said.Specifically, his campaign team plans on trying to connect Mr. Bragg’s investigation into Mr. Trump to President Biden, who is expected to seek re-election. The Justice Department has spent months investigating Mr. Trump in separate inquiries into his possession of hundreds of classified documents at his private club, Mar-a-Lago, and his efforts to remain in power after losing the 2020 election.Those efforts led to the most visible moment when Mr. Trump focused the anger of his supporters on the institutions of government, the lead-up to the violent riot at the Capitol on Jan. 6, 2021.Underscoring the degree to which Mr. Trump’s campaign is again relying on outrage from his supporters, a campaign official maintained that the nation would not “tolerate” the prosecution and would see it as an effort to influence the 2024 election.“President Donald J. Trump is completely innocent, he did nothing wrong, and even the biggest, most radical left Democrats are making that clear,” said Steven Cheung, a Trump campaign spokesman. He listed a series of other investigations that Mr. Trump has faced and referred to the Manhattan case as “the nuclear button,” calling it a “political donation” by Mr. Bragg “to Joe Biden.” And the Trump team plans to highlight a donation to a political action committee made by the philanthropist George Soros, a subject of frequent right-wing attacks, that was intended to help Mr. Bragg.A spokeswoman for the Manhattan district attorney’s office declined to comment.Mr. Trump’s allies say that tying Mr. Biden to what is taking place in Manhattan will be a key aspect of the campaign’s response. And the degree to which the Trump team plans to make a history-making indictment of a former president a central campaign message is likely to set a new political precedent.“A Trump indictment will immediately be added to his campaign platform and talking points, another first in presidential politics,” said Scott Reed, a veteran Republican strategist who has observed Mr. Trump and presidential campaigns for decades.While he was in office, Mr. Trump was shielded by a Justice Department policy against indicting a sitting president..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.Already, Mr. Trump has spent the better part of two years attacking Mr. Bragg, who is Black, as “racist” and as continuing efforts to harm him, after two impeachment inquiries and a two-year special counsel investigation into whether he obstructed justice and whether his 2016 campaign conspired with Russians.But since declaring his third presidential campaign in November, Mr. Trump has made attacking the investigators an increasingly intense focus.Other political allies of Mr. Trump made clear that there would be efforts to highlight how his Republican rivals handle the news of any indictment, and whether they endorse it or defend him. Mr. Trump’s allies said his advisers believed the issue could tie some of his opponents in knots, particularly his closest prospective opponent in public polls, Gov. Ron DeSantis of Florida.Mr. Trump has often subjected anyone who investigates him or holds him to scrutiny to slashing attacks. It remains to be seen whether the campaign’s approach will be more of the same, or will deploy new tactics, such as television ads.When Mr. Trump was in office and facing the investigation by the special counsel, Robert S. Mueller III, some of his lawyers initially tried to follow the playbook established by aides to President Bill Clinton during his impeachment inquiry in the 1990s. In that case, separate, parallel operations were created so the work of the government could continue.But Mr. Trump, who often conflates legal and public relations issues, rejected that idea. So there was only briefly a designated spokesman handling press questions.People involved in Mr. Trump’s legal case have discussed bringing on a new lawyer to add to the existing team of Susan Necheles, a Manhattan criminal defense lawyer, and Joe Tacopina, a New York lawyer with a brawler’s attitude.Mr. Tacopina has been an aggressive defender of Mr. Trump on television. On Tuesday on MSNBC, Mr. Tacopina made several points attacking the credibility of the key witness, Michael D. Cohen, Mr. Trump’s former lawyer and fixer. But other comments he made left some of Mr. Trump’s allies stunned by what he was articulating.Mr. Tacopina bluntly stated that there was a political benefit to Mr. Trump from an indictment.“If they bring this case, I believe this will catapult him into the White House,” Mr. Tacopina said of Mr. Trump on MSNBC. “I believe it, because this will show how they’re weaponizing the justice system.”Mr. Tacopina insisted that what Mr. Trump did — signing off on reimbursement payments to Mr. Cohen, who had made a $130,000 hush-money payment to Stormy Daniels, the porn star who said she had an affair with Mr. Trump — was done at Mr. Cohen’s suggestion and “was not a crime.”At one point, as the interviewer, Ari Melber, was reading from a piece of paper, Mr. Tacopina tried to grab it unsuccessfully across the set. When Mr. Tacopina was pushed on why Mr. Trump told reporters aboard Air Force One in 2018 that he did not know about the payments, he insisted it was not a lie.“A lie to me is something material under oath in a procedure,” Mr. Tacopina told Mr. Melber.“Here’s why it’s not a lie,” Mr. Tacopina added. “Because it was a confidential settlement. So, if he acknowledged that, he would be violating the confidential settlement.”He went on: “So, is it the truth? Of course it’s not the truth. Was he supposed to tell the truth? He would be in violation of the agreement if he told the truth. So, by him doing that, by him doing that, he was abiding by not only his rights, but Stormy Daniels’s rights.”Jonah E. Bromwich More

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      Michael Cohen Testifies in Grand Jury as Trump Indictment Appears Near

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      Mr. Cohen, Donald Trump’s onetime fixer, is a key piece of the puzzle in a case centered around a 2016 hush money payment to Stormy Daniels.Michael D. Cohen, a crucial witness in the Manhattan district attorney’s criminal investigation into Donald J. Trump, testified in front of a grand jury on Monday, as prosecutors near a likely indictment of the former president.Mr. Cohen, Mr. Trump’s former fixer, testified for much of the afternoon and was expected to return on Wednesday to continue his testimony.When he walked into the building where the grand jury meets, Mr. Cohen remarked to reporters that he felt “fine” but “a little twisted, to be honest, inside” and that his goal was “to tell the truth.” On his way out, Mr. Cohen’s lawyer, Lanny J. Davis, called it a “long and productive afternoon” and said that Mr. Cohen “answered all questions.”His appearance is one of several recent signals that the district attorney, Alvin L. Bragg, is poised to seek an indictment of the former president for his role in paying hush money to a porn star in the days before the 2016 presidential election.Mr. Bragg’s prosecutors have already questioned at least seven other people before the grand jury this year, and Mr. Cohen is likely one of the final witnesses, according to people with knowledge of the matter. It would be rare for a prosecutor in a high-profile white-collar case to question nearly every relevant witness without intending to seek an indictment.Another signal that an indictment is likely came when Mr. Bragg’s office informed Mr. Trump’s lawyers that the former president could appear before the grand jury this week should he want to do so. Such offers almost always indicate an indictment is close, because in New York, potential defendants have the right to answer questions in the grand jury shortly before they are indicted.Mr. Trump declined the offer, people with knowledge of his decision said. And members of his legal team recently met privately with prosecutors to make their case against an indictment, one of his lawyers, Joseph Tacopina, said on “Good Morning America” on Monday. One of the lawyers at the meeting was Susan R. Necheles, who Mr. Tacopina said was “leading the charge” for Mr. Trump.The former president has blasted Mr. Bragg’s investigation, saying that the Democratic district attorney is conducting a politically motivated “witch hunt.” Last week, Mr. Trump issued a statement in which he denied having an affair with the porn star, Stormy Daniels, and said Mr. Bragg’s inquiry was an effort to “take down” the leading Republican candidate in the 2024 presidential election.If Mr. Bragg ultimately decides to ask the grand jurors to vote to indict Mr. Trump, the case could hinge on Mr. Cohen’s testimony.It was Mr. Cohen who made the $130,000 hush money payment to Ms. Daniels in late October 2016, stifling her story of an affair with Mr. Trump. Mr. Trump later reimbursed him, signing monthly checks while he was president, and Mr. Cohen pleaded guilty in 2018 to federal charges involving the hush money.Mr. Bragg’s case would likely center on how Mr. Trump and his family business, the Trump Organization, handled the reimbursement payments to Mr. Cohen.The company falsely recorded the payments in internal records as legal expenses, according to court papers in Mr. Cohen’s federal case. The Trump Organization’s records also cited a phony retainer agreement with Mr. Cohen, who was a lawyer but had no such agreement with the Trumps.In New York, it can be a crime to falsify business records, but to make it a felony, prosecutors would need show that Mr. Trump’s “intent to defraud” included an effort to commit or conceal a second crime.While it is unclear what that second crime might be in this case, it is possible that Mr. Bragg will cite a violation of state election law. Like the federal prosecutors who charged Mr. Cohen, Mr. Bragg’s prosecutors could argue that the payment to Ms. Daniels was an illicit contribution to Mr. Trump’s campaign, given that the money silenced Ms. Daniels, which helped his candidacy.A conviction is not a sure thing. An attempt to combine the false records charge with the election violation would be based on a legal theory that has not been evaluated by judges, raising the possibility that a court could throw out or limit the charges. But if a case does go to trial, the circumstances of the hush money payment — a president essentially paying off a porn star — could appeal to a jury.At trial, Mr. Trump’s lawyers are likely to attack Mr. Cohen’s credibility, noting that he pleaded guilty not only to the hush money but also to accusations that he lied to Congress about a potential Trump hotel deal in Moscow.Prosecutors could respond that Mr. Cohen was lying for Mr. Trump, and that in recent years his story about the hush money has been consistent. Mr. Cohen, for example, has long said that Mr. Trump directed him to pay Ms. Daniels, an accusation that was supported by federal prosecutors in the case against Mr. Cohen.And when Mr. Cohen was asked during congressional testimony why Mr. Trump’s company spread out the reimbursements over many months, he explained, “That was in order to hide what the payment was,” adding that it was done “so that it would look like a retainer.”Asked whether Mr. Trump knew, Mr. Cohen replied, “Oh, he knew about everything, yes.” On Monday, Mr. Cohen said he was not testifying to exact “revenge” on Mr. Trump.“This is all about accountability,” he said. “He needs to be held accountable for his dirty deeds.”Sean Piccoli More

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      Michael Cohen to Testify at Grand Jury as Likely Trump Indictment Looms

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      Mr. Cohen, Donald J. Trump’s former fixer, is the key witness in a case built around a hush money payment to Stormy Daniels.Michael D. Cohen, the former fixer who for years did Donald J. Trump’s dirty work, is expected to testify before a Manhattan grand jury next week, a sign that prosecutors are poised to indict the former president for his role in paying hush money to a porn star, according to people with knowledge of the matter.The Manhattan district attorney’s office has already questioned at least seven other people before the grand jury hearing evidence about the hush money deal, according to several other people with knowledge of the inquiry, potentially making Mr. Cohen the last witness.Once he has testified, nearly every crucial player in the hush money matter will have appeared before the grand jury — with the exception of the porn star herself, Stormy Daniels, who may not be called to testify.It would be highly unusual for a prosecutor in a high-profile white-collar case to go through a weekslong presentation of evidence — and question nearly every relevant witness — without intending to seek an indictment.Mr. Cohen’s testimony is the second strong indication that the district attorney, Alvin L. Bragg, will ask the grand jury to indict the former president, possibly as soon as this month. The first came when Mr. Bragg’s prosecutors informed Mr. Trump’s lawyers that if he wanted to testify before the grand jury, he could do so next week, people with knowledge of the matter said. Such offers almost always indicate an indictment is close.In New York, potential defendants have the right to answer questions in the grand jury shortly before they are indicted, but they rarely testify, and Mr. Trump is likely to decline the offer.A spokeswoman for the district attorney’s office declined to comment. Reached for comment, Mr. Cohen’s lawyer, Lanny J. Davis, said that “I’m only allowed to say that we’re cooperating with the investigation.” He added, “We appreciate the professionalism of Mr. Bragg’s team.”Mr. Bragg’s investigation concerns a $130,000 payment that Mr. Cohen made in the final days of the 2016 presidential campaign to Ms. Daniels, who said she had an affair with Mr. Trump. After taking office, Mr. Trump reimbursed Mr. Cohen, who has long said that he was acting on his boss’s orders to silence Ms. Daniels.The prosecutors have zeroed in on whether Mr. Trump and his company falsified internal records to hide the reimbursement to Mr. Cohen — and Ms. Daniels’s story — from the voting public.Mr. Trump has consistently derided the investigation as a partisan “witch hunt” engineered by his political enemies and has called Mr. Bragg, a Democrat who is Black, “racist.”On Thursday, in a lengthy, unrestrained statement on Truth Social, Mr. Trump denied having an affair with Ms. Daniels and insulted her appearance while painting the investigation as part of a conspiracy to keep him from returning to the White House. He and his followers, he wrote, are “victims of this corrupt, depraved, and weaponized justice system.”Any case charging a former president would be unprecedented and, with Mr. Trump running for a third time, could roil the 2024 presidential primary campaign in ways that are hard to predict. Already, Mr. Bragg’s prosecutors have come closer to indicting Mr. Trump than any of the others who have pursued him over the years.Yet an indictment is not assured. Mr. Bragg could delay or opt against seeking charges, and Mr. Cohen’s testimony could influence that decision.Even if Mr. Trump is indicted, convicting him or sending him to prison is no sure bet, and bringing charges would represent a significant gamble for Mr. Bragg. The case against the former president hinges on a risky legal theory involving two different bodies of law, and if Mr. Trump were ultimately convicted, he would face a maximum sentence of four years, though prison time would not be mandatory.Mr. Trump’s lawyers will also undoubtedly take aim at the prosecution’s star witness, Mr. Cohen, who in 2018 pleaded guilty to federal charges related to the hush money as well as accusations that he lied to Congress about a potential Trump hotel deal in Moscow. The defense lawyers could use his guilty pleas as ammunition to attack his credibility as a witness and argue that he has an ax to grind against Mr. Trump.But prosecutors might counter that Mr. Cohen was convicted of lying on behalf of Mr. Trump and that he is best positioned to explain the former president’s involvement in the hush money saga to jurors. Mr. Cohen’s testimony could illuminate that sequence of events, providing prosecutors the firsthand account they would need to make a case against Mr. Trump. Mr. Cohen has also provided documents to prosecutors, the people familiar with the matter said.An appearance on the stand would not be his first test in a high-pressure setting: In February 2019, Mr. Cohen testified for hours in a public hearing held by the House Oversight Committee, brushing back repeated attacks from Mr. Trump’s Republican allies as he described how Mr. Trump makes his desires known.“He speaks in a code,” Mr. Cohen said during the hearing. “And I understand the code because I’ve been around him for a decade.”Mr. Cohen’s payout to Ms. Daniels came in October 2016, after Ms. Daniels’s representatives contacted the National Enquirer to offer exclusive rights to her story about an affair with Mr. Trump. David Pecker and Dylan Howard, two of the tabloid’s leaders, helped broker a deal between Mr. Cohen and Ms. Daniels’s lawyer, Keith Davidson.The day before Mr. Cohen wired the $130,000, he spoke by phone twice with Mr. Trump, according to records in the federal case. They spoke again the day after the payment.Mr. Trump repaid him in monthly installments over the course of the following year. While president, he personally signed several of the checks.In Mr. Cohen’s federal case, prosecutors said that Mr. Trump’s company, the Trump Organization, “falsely accounted” for the reimbursement payments as legal expenses and that company records cited a phony retainer agreement with Mr. Cohen. Mr. Cohen was a lawyer, but there was no such retainer agreement and the reimbursement was unrelated to any legal services.When Mr. Cohen was asked during congressional testimony why Mr. Trump’s company spread out the reimbursements over many months, he explained, “That was in order to hide what the payment was,” adding that it was done “so that it would look like a retainer.” Asked whether Mr. Trump knew, Mr. Cohen replied, “Oh, he knew about everything, yes.”Now, those false reimbursement records are at the heart of the potential criminal case against Mr. Trump.In New York, it can be a crime to falsify business records, but it amounts to a misdemeanor. To elevate it to a felony, prosecutors would need show that Mr. Trump’s “intent to defraud” included an intent to commit or conceal a second crime.Alvin L. Bragg, who was criticized for calling off an earlier grand jury presentation, would be the first American prosecutor to indict a former president.Sarah Blesener for The New York TimesIn this case, that second crime could be a violation of election law. Like the federal prosecutors who charged Mr. Cohen, Mr. Bragg’s prosecutors will likely argue that the payment to Ms. Daniels was an illegal contribution to Mr. Trump’s campaign, given that the money silenced the porn star and, thus, benefited his candidacy.Combining the false records charge with the election violation would constitute a novel legal theory, raising the possibility that a judge or appellate court could throw out the case. Mr. Cohen for years has pointed the finger at Mr. Trump, saying that his boss directed him to pay Ms. Daniels, an accusation that was supported by federal prosecutors in the case against Mr. Cohen.But Mr. Bragg’s prosecutors may have to rely on Mr. Cohen in linking Mr. Trump to the false reimbursement records. Mr. Cohen wrote in his memoir that he worked out the monthly repayment plan after the election with Mr. Trump and the Trump Organization’s longtime chief financial officer, Allen H. Weisselberg.Mr. Weisselberg is not expected to testify before the grand jury; he is serving a sentence in the Rikers Island jail complex after pleading guilty to unrelated tax fraud charges in a case that also led to the Trump Organization’s conviction last year.Since Mr. Bragg impaneled the grand jury in January, it has heard testimony from Mr. Pecker, Mr. Howard and Mr. Davidson. The jurors have also heard testimony from two employees of the Trump Organization, as well as Kellyanne Conway, who managed the final months of Mr. Trump’s 2016 campaign.This is not the first Manhattan grand jury to hear evidence about Mr. Trump. Before leaving office at the end of 2021, Mr. Bragg’s predecessor, Cyrus R. Vance Jr., had directed prosecutors to begin presenting evidence to an earlier grand jury. But after taking office last year, Mr. Bragg and some of his prosecutors grew concerned about the strength of that case, which was focused on the former president’s business practices. He halted the presentation, prompting two senior prosecutors leading the investigation to resign.That portion of the investigation is continuing, people with knowledge of the matter said.But over the past several months, Mr. Bragg has focused on the hush money, the initial impetus for the investigation when it opened in 2018.Mr. Cohen has faithfully tracked his meetings with the district attorney’s office over the years, and on Tuesday noted that he had met with prosecutors to discuss Mr. Trump 19 times to date.“He needs to be held accountable if in fact there’s something that he did wrong,” Mr. Cohen said outside the district attorney’s office on one of his final visits.Kate Christobek More

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      What We Know About the Potential Indictment of Donald Trump

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      A case against the former president — who is also a current presidential candidate — poses challenges for prosecutors. Here’s why.The revelation that the Manhattan district attorney’s office has indicated to Donald J. Trump’s lawyers that he could soon face criminal charges marked a major development in an inquiry that has loomed over the former president for nearly five years.It also raised a number of questions about the contours of the potential case against Mr. Trump, who could become the first former American president to be indicted.Alvin L. Bragg, the district attorney, is focused on Mr. Trump’s involvement in the payment of hush money to a porn star who said she had an affair with him. Michael D. Cohen, Mr. Trump’s fixer at the time, made the payment during the final days of the 2016 presidential campaign.While the facts are dramatic, the case against Mr. Trump would likely hinge on a complex interplay of laws. And a conviction is far from assured.Here’s what we know, and don’t know, about the longest running investigation into Mr. Trump:How did this all begin?Stormy Daniels during an event at a Washington, D.C. bookstore in December 2018.T.J. Kirkpatrick for The New York TimesIn October 2016, during the final weeks of the presidential campaign, the porn star Stormy Daniels was trying to sell her story of an affair with Mr. Trump.At first, Ms. Daniels’s representatives contacted the National Enquirer to offer exclusive rights to her story. David Pecker, the tabloid’s publisher and a longtime ally of Mr. Trump, had agreed to look out for potentially damaging stories about him during the 2016 campaign, and at one point even agreed to buy the story of another woman’s affair with Mr. Trump and never publish it, a practice known as “catch and kill.”But Mr. Pecker didn’t purchase Ms. Daniels’s story. Instead, he and the tabloid’s top editor, Dylan Howard, helped broker a separate deal between Mr. Cohen and Ms. Daniels’s lawyer.Mr. Cohen paid $130,000, and Mr. Trump later reimbursed him from the White House.In 2018, Mr. Cohen pleaded guilty to a number of charges, including federal campaign finance crimes involving the hush money. The payment, federal prosecutors concluded, amounted to an improper donation to Mr. Trump’s campaign.In the days after Mr. Cohen’s guilty plea, the district attorney’s office opened its own criminal investigation into the matter. While the federal prosecutors were focused on Mr. Cohen, the district attorney’s inquiry would center on Mr. Trump.So what did Mr. Trump possibly do wrong?Michael Cohen visited the Manhattan district attorney’s office for an interview on Tuesday.Jefferson Siegel for The New York TimesWhen pleading guilty in federal court, Mr. Cohen pointed the finger at his boss. It was Mr. Trump, he said, who directed him to pay off Ms. Daniels, a contention that prosecutors later corroborated.The prosecutors also raised questions about Mr. Trump’s monthly reimbursement checks to Mr. Cohen. They said in court papers that Mr. Trump’s company “falsely accounted” for the monthly payments as legal expenses and that company records cited a retainer agreement with Mr. Cohen. Although Mr. Cohen was a lawyer, and became Mr. Trump’s personal attorney after he took office, there was no such retainer agreement and the reimbursement was unrelated to any legal services Mr. Cohen performed.Mr. Cohen has said that Mr. Trump knew about the phony retainer agreement, an accusation that could form the basis of the case against the former president.In New York, falsifying business records can amount to a crime, albeit a misdemeanor. To elevate the crime to a felony charge, Mr. Bragg’s prosecutors must show that Mr. Trump’s “intent to defraud” included an intent to commit or conceal a second crime.In this case, that second crime could be a violation of New York State election law. While hush money is not inherently illegal, the prosecutors could argue that the $130,000 payout effectively became an improper donation to Mr. Trump’s campaign, under the theory that it benefited his candidacy because it silenced Ms. Daniels.Will it be a tough case to prove?Even if Mr. Trump is indicted, convicting him or sending him to prison will be challenging. For one thing, Mr. Trump’s lawyers are sure to attack Mr. Cohen’s credibility by citing his criminal record.The case against the former president also likely hinges on an untested and therefore risky legal theory involving a complex interplay of laws.Combining the falsifying business records charge with a violation of state election law would be a novel legal theory for any criminal case, let alone one against the former president, raising the possibility that a judge or appellate court could throw it out or reduce the felony charge to a misdemeanor.And even if the felony charge remains, it amounts to a low-level felony. If Mr. Trump were ultimately convicted, he would face a maximum sentence of four years, though prison time would not be mandatory.How did prosecutors convey that charges are likely?Prosecutors in the district attorney’s office recently signaled to Mr. Trump’s lawyers that he could face criminal charges.They did this by offering Mr. Trump the chance to testify next week before the grand jury that has been hearing evidence in the potential case, people with knowledge of the matter said. Such offers almost always indicate an indictment is close; it would be unusual for prosecutors to notify a potential defendant without ultimately seeking charges against him.In New York, potential defendants have the right to answer questions in the grand jury before they are indicted, but they rarely testify, and Mr. Trump is likely to decline the offer.Will Mr. Trump definitely be indicted?It is still possible that Mr. Trump will not face charges. Mr. Trump’s lawyers could meet privately with the prosecutors in hopes of fending off criminal charges.And although Mr. Bragg’s prosecutors have already questioned at least six other people before the grand jury, they have not completed their presentation of evidence. Mr. Cohen, for example, has yet to appear before the panel.The prosecutors will then need to present the charges to the grand jurors, who will vote on an indictment.Until then, Mr. Bragg could decide to pump the brakes. As of now, however, that seems unlikely.What has Mr. Trump said in his defense?Mr. Trump has referred to the investigation as a “witch hunt” against him that began before he became president, and has called Mr. Bragg, who is Black and a Democrat, a “racist” who is motivated by politics.In a statement released Thursday night on Mr. Trump’s social network, Truth Social, he reiterated those claims, and denied he had ever had an affair with Ms. Daniels. He noted that prosecutors from various offices — including Mr. Bragg’s predecessor — had investigated the matter and had never before charged him with a crime.He wrote that the potential indictment was an attempt to thwart his presidential campaign.“They cannot win at the voter booth, so they have to go to a tool that has never been used in such a way in our country, weaponized law enforcement,” Mr. Trump wrote. Former Justice Department officials have accused Mr. Trump of ordering them to act in ways that aided him politically when he was in office. More

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      Hope Hicks Meets With Manhattan Prosecutors as Trump Inquiry Intensifies

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      At least seven witnesses have met with prosecutors in what now appears to be a fast-moving investigation into a 2016 hush-money payment to a porn star.Hope Hicks, a trusted aide to Donald J. Trump during his 2016 presidential campaign, met with the Manhattan district attorney’s office on Monday — the latest in a string of witnesses to be questioned by prosecutors as they investigate the former president’s involvement in paying hush money to a porn star.The appearance of Ms. Hicks, who was seen walking into the Manhattan district attorney’s office in the early afternoon, represents the latest sign that the prosecutors are in the final stages of their investigation.She is at least the seventh witness to meet with prosecutors since the district attorney, Alvin L. Bragg, convened a grand jury in January to hear evidence in the case. Last week, another prominent member of the 2016 campaign, Kellyanne Conway, testified before the grand jury, according to two people with knowledge of the matter. Two employees of Mr. Trump’s company have also testified, as have two former executives of The National Enquirer who helped broker the hush-money arrangement, as well as a lawyer for the porn star, Stormy Daniels.The potential case is focused on Mr. Trump’s role in covering up the payment to Ms. Daniels, who has long said that she had an affair with him. The $130,000 payment was made by Michael D. Cohen, a longtime fixer for Mr. Trump, in the waning days of the 2016 campaign. After Mr. Trump took office, he reimbursed Mr. Cohen.It is unclear whether Mr. Bragg will ultimately seek an indictment of Mr. Trump, who has denied all wrongdoing and said that he never had an affair with Ms. Daniels, whose real name is Stephanie Clifford. But the weekslong presentation of evidence to the grand jury suggests that the district attorney could be nearing a decision.It could not be immediately determined whether Ms. Hicks,who also served in the White House, was testifying before the grand jury or was only meeting with prosecutors to answer their questions. A spokeswoman for the district attorney’s office declined to comment, as did Robert P. Trout, a lawyer for Ms. Hicks.Mr. Bragg is one of three prosecutors whose investigations into Mr. Trump appear to be moving quickly, even as the former president mounts a third campaign. A district attorney in Georgia is investigating Mr. Trump’s attempts to interfere with the 2020 election results in the state. And a special counsel is examining whether Mr. Trump committed federal crimes in connection with the Jan. 6, 2021, attack on the Capitol, and in his handling of classified documentsMr. Trump has said that the prosecutors, including Mr. Bragg, a Democrat, are engaged in a politically motivated “witch hunt.” On Saturday, speaking to conservative media, he said that he would not drop out of the presidential race if he were to be indicted.“I wouldn’t even think about leaving,” he said.Mr. Cohen, who in 2018 pleaded guilty to federal charges related to the hush money and turned on Mr. Trump, has met with the district attorney’s office a number of times this year but has yet to testify in front of the grand jury. He has said he expects to testify “very soon.”As the spokeswoman for Mr. Trump’s 2016 campaign, Ms. Hicks was responsible for damage control on a number of issues, a role that has attracted the interest of various investigators over the years. In court records from Mr. Cohen’s federal case, the F.B.I. noted that she participated in a phone call with Mr. Trump and Mr. Cohen on the same day they learned that Ms. Daniels wanted money for her story. Ms. Hicks also spoke with Mr. Cohen the day after he wired the $130,000 to Ms. Daniels’s lawyer.Prosecutors are likely to want to know whether she was privy to any conversations or other information about Mr. Cohen’s dealings with Ms. Daniels’s representatives or how the hush money payment was arranged.Ms. Hicks, however, has testified before Congress that she was not present for any conversation in which Mr. Cohen and Mr. Trump discussed the hush money. She has also said that she was unaware of the deal with Ms. Daniels at the time it was arranged.It is unclear how Ms. Hicks’s testimony would affect any case should Mr. Bragg decide to seek charges.Any case involving the hush money payment would be likely to hinge on internal Trump Organization records that falsely identified the reimbursement to Mr. Cohen as legal expenses. To prove their case, prosecutors would have to link Mr. Trump to those false records.Falsifying business records can be a crime in New York. But to charge Mr. Trump with a felony, Mr. Bragg’s prosecutors would have to show that his involvement in the false records was meant to help commit or conceal a second crime — probably a violation of New York State election law. The theory linking the false records to a violation of state election law has not been tested in court.If Mr. Trump were ultimately convicted of those charges, he would face a maximum sentence of four years. But prison time would not be mandatory, and a conviction is far from assured.Sean Piccoli More

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      Kellyanne Conway Meets With Prosecutors as Trump Inquiry Escalates

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      The Manhattan district attorney’s office is scrutinizing the former president’s role in the hush money payment to a porn star.Kellyanne Conway, who managed the final months of Donald J. Trump’s 2016 campaign, met with prosecutors from the Manhattan district attorney’s office on Wednesday, the latest sign that the office is ramping up its criminal investigation into the former president.The prosecutors are scrutinizing Mr. Trump’s role in a hush money payment to a porn star, Stormy Daniels, who has said she had an affair with him. The $130,000 payment was made by Mr. Trump’s longtime fixer, Michael D. Cohen, in the closing days of the 2016 campaign, and Mr. Trump ultimately reimbursed him.Mr. Cohen has said that Ms. Conway played a small yet notable role in the payment: she was the person Mr. Cohen alerted after making the payment, he wrote in his 2020 memoir.“I called Trump to confirm that the transaction was completed, and the documentation all in place, but he didn’t take my call — obviously a very bad sign, in hindsight,” he wrote. Instead, he wrote, Ms. Conway “called and said she’d pass along the good news.”Ms. Conway, who was seen walking into the district attorney’s office shortly before 2 p.m. on Wednesday, is the latest in a string of witnesses to meet with prosecutors in the last month or so. Since the district attorney, Alvin L. Bragg, impaneled a grand jury in January to hear evidence about Mr. Trump’s role in paying the hush money, at least five witnesses have testified: Jeffrey McConney and Deborah Tarasoff, employees of Mr. Trump’s company; David Pecker and Dylan Howard, two former leaders of The National Enquirer, which helped arrange the hush money deal; and Keith Davidson, a former lawyer for Ms. Daniels.The decision to question those central players in the hush money saga before the grand jury suggests that Mr. Bragg is nearing a decision on whether to seek an indictment of the former president.A spokeswoman for the office and a lawyer for Ms. Conway declined to comment. It is unclear whether Ms. Conway appeared before the grand jury or was only interviewed by prosecutors.Still, the investigation is not complete. Mr. Cohen has met with the prosecutors for several hours of questioning, though he has yet to testify in front of the grand jury. Ms. Daniels herself has yet to be interviewed, and Ms. Conway might not be the last 2016 campaign official to face questioning.It is one of three potential criminal cases looming over Mr. Trump, even as he remains a front-runner in the 2024 presidential campaign. In addition to Mr. Bragg’s inquiry, Mr. Trump could face charges from a local prosecutor in Georgia investigating whether he interfered in the 2020 election. And at the federal level, a special counsel is scrutinizing Mr. Trump’s efforts to overturn the election — including whether he committed any crimes in connection with the Jan. 6, 2021, attack on the Capitol — as well as his handling of classified documents.Mr. Trump has denied all wrongdoing and accused the investigators of carrying out a politically motivated witch hunt. He has also denied having an affair with Ms. Daniels.In Manhattan, any case would likely center on whether Mr. Trump was involved with the falsification of business records related to the payment to Ms. Daniels. When Mr. Trump repaid Mr. Cohen for the $130,000 payout to Ms. Daniels, the Trump Organization falsely recorded the reimbursements as legal expenses.It can be a crime in New York to falsify business records. But to make it a felony, Mr. Bragg’s prosecutors would have to show that Mr. Trump was involved in the falsification of the records to help commit or conceal a second crime — in this case, likely a violation of New York State election law, a legal theory that has not been tested.The case would rely on testimony from Mr. Cohen, who pleaded guilty to federal charges over the payments in 2018. Mr. Cohen is expected to meet with prosecutors again in the coming days.If Mr. Trump were ultimately convicted, he would face a maximum sentence of four years, though prison time would not be mandatory and a conviction is hardly assured. Mr. Trump’s lawyers would likely seek to undermine Mr. Cohen’s testimony, arguing that he is a convicted criminal and admitted liar who has an ax to grind against Mr. Trump.Ms. Conway remained one of Mr. Trump’s top aides when he ascended to the White House, staying on until the summer of 2020. She still speaks with Mr. Trump and is close to his wife, Melania. But Ms. Conway has been equivocal about his chances at regaining the White House.In January, she considered his prospects in an Op-Ed, writing that the case against his candidacy rested in part on concerns that he “cannot outrun the mountain of legal woes.”Kate Christobek More

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      Here’s the Status of the Four Criminal Investigations Into Donald Trump

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      The revelations from grand jury proceedings in Georgia are the latest signs that federal and local inquiries into the former president could reach key decision points in coming months.When the forewoman of a Georgia grand jury investigating allegations of election interference by former President Donald J. Trump and his advisers gave a series of highly public — and highly unusual — interviews this week, she suggested that the case might soon be headed toward indictment.Three other criminal inquiries involving Mr. Trump have also been progressing relatively quickly — if not quite as fast — in recent months, with the Justice Department pressing forward in Washington and a local prosecutor moving ahead in New York.No former president has ever confronted the barrage of legal threats that Mr. Trump now faces, all of which appear to be heading toward decision points by the authorities in coming months. Heightening the stakes, the inquiries have intensified just as Mr. Trump has started ramping up his third campaign for the White House.Beyond the Georgia case, Mr. Trump is under investigation by a special counsel in Washington for his role in seeking to overturn the results of the 2020 election and for his potential mishandling of classified documents. At the same time, local authorities in New York are looking into whether Mr. Trump authorized and was involved in falsely accounting for hush money payments to a pornographic film actress who said she had an affair with him.Even though much about the inquiries seems straightforward — “It’s not rocket science,” the forewoman in Georgia, Emily Kohrs, told The New York Times — each of the cases is layered with its own array of legal complexities that make predicting an outcome difficult. And that is to say nothing about the potential complications of bringing charges in the midst of a presidential campaign against a pugnacious figure like Mr. Trump, who has long assailed attempts by the authorities to hold him accountable as hoaxes and politically motivated witch hunts.Here is a look at the status of each of the criminal investigations confronting Mr. Trump.In Georgia, the Fulton County district attorney, Fani T. Willis, is looking at a variety of possible charges related to Mr. Trump’s efforts to reverse his 2020 election loss in the state.Lynsey Weatherspoon for The New York TimesGeorgia: Election InterferenceThe Georgia investigation presents two areas of exposure for Mr. Trump.One is his direct involvement in recruiting a slate of alternate presidential electors, even after Georgia’s results were recertified by the state’s Republican leadership. “We definitely talked about the alternate electors a fair amount,” Ms. Kohrs said. The other centers on phone calls Mr. Trump made to pressure state officials after the election, including one in which he told Brad Raffensperger, Georgia’s secretary of state, that he needed to “find” 11,780 votes — one more than Joseph R. Biden Jr.’s margin of victory in the state.The decision about whether to charge Mr. Trump will ultimately be made by the Fulton County district attorney, Fani T. Willis, who has been investigating the case for the last two years. Ms. Willis’s office has said it is considering everything from conspiracy and racketeering to narrower charges, such as criminal solicitation to commit election fraud.The special grand jury that Ms. Kohrs served on produced a report last month after hearing testimony since last June, but most of the report has been kept secret. In an interview this week, Ms. Kohrs said the grand jurors had recommended that several people be indicted on a range of charges, but declined to provide names before the full report was released.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.In the small portion of the report that was released, the jurors said they saw potential evidence of perjury by “one or more” witnesses. But Ms. Kohrs said the jurors appended eight pages of criminal code citations to their report, hinting at its breadth.A number of legal experts have said Mr. Trump faces significant jeopardy in the Georgia inquiry.“His risk of being charged was already substantial even before the grand jury report excerpts,” said Norman Eisen, a lawyer who served as special counsel to the House Judiciary Committee during Mr. Trump’s first impeachment trial. “The foreperson’s comments make that virtually certain.”Special Counsel: Overturning the ElectionThe Justice Department has been asking questions for more than a year about Mr. Trump’s sprawling efforts to overturn the election and whether he committed any crimes in connection with the Jan. 6, 2021, attack on the Capitol. The investigation — one of two inherited in November by the special counsel, Jack Smith — has used a variety of methods and has gathered an enormous amount of information.Federal agents have seized cellphones and other devices from pro-Trump lawyers like John Eastman and Jeffrey Clark — as well as from one of Mr. Trump’s chief congressional allies, Representative Scott Perry, Republican of Pennsylvania.Prosecutors have issued grand jury subpoenas to several state Republican officials and to dozens of Trump administration lawyers and officials. Those include people like Mark Meadows, Mr. Trump’s onetime chief of staff, and former Vice President Mike Pence, who presumably have knowledge of the former president’s thoughts and behavior in weeks leading up to Jan. 6. In the most recent sign the investigation is continuing apace, Mr. Smith has issued subpoenas to Mr. Trump’s daughter Ivanka and his son-in-law Jared Kushner..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.Investigators have also been poring over thousands of pages of interviews conducted by the House select committee investigating Jan. 6, which recommended that Mr. Trump be prosecuted for crimes including inciting insurrection, conspiracy to defraud the United States, and the obstruction of a proceeding before Congress.One of the chief strands of the inquiry has focused on the plan to create false slates of pro-Trump electors in swing states actually won by Mr. Biden, mirroring one element of the Georgia investigation. Federal investigators have also been scrutinizing the broad claims by Mr. Trump and his allies that the election was marred by fraud, and a series of payments made by Save America PAC, Mr. Trump’s chief postelection fund-raising vehicle.Mr. Smith’s office has been tight-lipped about his plans, although several people familiar with the investigation have said that prosecutors could complete their work by spring or early summer. The process has often been slowed by time-consuming litigation as witnesses like Mr. Pence have sought to avoid or limit their grand jury testimony with various legal arguments.It remains unclear if Mr. Smith will ultimately indict Mr. Trump. But several legal experts — including Timothy J. Heaphy, a former U.S. attorney who led the House’s Jan. 6 investigation — have said that the key to bringing charges is obtaining clear-cut evidence that Mr. Trump intended to break the law.“When we started to see intentional conduct, specific steps that appear to be designed to disrupt the joint session of Congress, that’s where it starts to sound criminal,” Mr. Heaphy told The Times this week. “The whole key for the special counsel is intent.”Last August, the F.B.I. searched Mar-a-Lago, Mr. Trump’s private club and residence, and found more than 100 classified documents, after one of his lawyers had attested that no more were there.Marco Bello/ReutersSpecial Counsel: Classified DocumentsThe investigation into Mr. Trump’s handling of classified documents began in earnest last May with a subpoena. It sought the return of any classified material still in his possession, after he had voluntarily handed over an initial batch of records that turned out to include almost 200 classified documents.Within a month, a lawyer for Mr. Trump, M. Evan Corcoran, gave investigators more than 30 additional documents in response to the subpoena. Around the same time, another lawyer, Christina Bobb, asserted that a “diligent search” had been conducted at Mar-a-Lago, Mr. Trump’s private club and residence in Florida, assuring prosecutors there were no more documents with classification markings.But the inquiry took a dramatic turn in August when acting on a search warrant, the F.B.I. descended on Mar-a-Lago and discovered more than 100 additional classified documents. The affidavit submitted by the Justice Department in seeking the search warrant said that investigators had “probable cause to believe that evidence of obstruction” would be discovered.Mr. Pence and President Biden have also faced scrutiny for having classified materials in their possession — in Mr. Biden’s case, a separate special counsel investigation is underway. In the case of Mr. Trump, prosecutors have focused on a few key questions: Did Mr. Trump knowingly remove the sensitive records from the White House and did he willfully hold on to them in violation of the Espionage Act? Moreover, did he try to hinder investigators from figuring out why or where he kept them?To answer those questions, prosecutors have interviewed several junior aides to Mr. Trump and compelled grand jury testimony from more senior aides like Kash Patel.They have also sought to force Mr. Corcoran to testify fully in front of the grand jury. Mr. Corcoran tried to avoid answering questions by asserting attorney-client privilege on behalf of Mr. Trump. But the prosecutors have sought to pierce that privilege with the so-called crime-fraud exception, which can be invoked when there is evidence that legal advice or services have been used in furthering a crime.It remains unclear whether Mr. Smith will bring charges in this inquiry either. While no evidence exists at this point that Mr. Biden or Mr. Pence have sought to obstruct investigations into their own handling of documents — both brought their possession of the documents to the attention of the Justice Department — the parallel probes have complicated the political landscape and could give Mr. Trump a reason to cry foul if he is charged and the others are not.Manhattan District Attorney: Stormy DanielsThe investigation into Mr. Trump’s role in paying hush money to the porn actress Stormy Daniels has spanned five years, two Manhattan district attorneys and multiple grand juries.But recently, prosecutors under the current district attorney, Alvin L. Bragg, appear to have moved closer than ever to indicting the former president. Last month, they began presenting evidence to a newly seated grand jury, which has heard from several witnesses as the office lays the groundwork for potential charges against Mr. Trump.The case would likely center on whether Mr. Trump and his company falsified business records to hide the payments to Ms. Daniels in the days before the 2016 election. But an indictment — let alone a conviction — is hardly assured.Any prosecution of the case would rely on testimony from Michael D. Cohen, Mr. Trump’s former personal lawyer, who made the payment to Ms. Daniels and who pleaded guilty himself in 2018 to federal charges. Mr. Trump reimbursed Mr. Cohen for the $130,000 he paid out, and according to court papers in Mr. Cohen’s case, Mr. Trump’s company falsely identified the reimbursements as legal expenses.In New York, it is a misdemeanor to falsify business records. To make it a felony, prosecutors would need to show that Mr. Trump falsified the records to help commit or conceal a second crime — in this case, violating New York State election law, a legal theory that has not been tested. Mr. Trump has denied all wrongdoing and lashed out at the prosecutors for leading what he calls a partisan witch hunt against him. He has also denied having an affair with Ms. Daniels.Under Mr. Bragg’s predecessor, Cyrus R. Vance Jr., the district attorney’s office had begun presenting evidence to an earlier grand jury about a far broader case focused on Mr. Trump’s business practices, including whether he fraudulently inflated the value of his assets by billions of dollars to secure favorable loans and other benefits.But in the early weeks of his tenure last year, Mr. Bragg developed concerns about the strength of that case and halted the grand jury presentation, prompting the resignations of two senior prosecutors leading the investigation.Jonah E. Bromwich More