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    Trump Is Indicted, Becoming First Ex-President to Face Criminal Charges

    A Manhattan grand jury indicted Donald J. Trump on Thursday for his role in paying hush money to a porn star, according to people with knowledge of the matter, a historic development that will shake up the 2024 presidential race and forever mark him as the nation’s first former president to face criminal charges.On Thursday evening, after news of the charges had been widely reported, the district attorney’s office confirmed that Mr. Trump had been indicted and that prosecutors had contacted Mr. Trump’s attorney to coordinate his surrender to authorities in Manhattan.Mr. Trump is likely to turn himself in on Tuesday, at which point the former president will be photographed and fingerprinted in the bowels of a New York State courthouse, with Secret Service agents in tow. He will then be arraigned, at which point the specific charges will be unsealed. Mr. Trump faces more than two dozen counts, according to two people familiar with the matter. Mr. Trump has for decades avoided criminal charges despite persistent scrutiny and repeated investigations, creating an aura of legal invincibility that the indictment now threatens to puncture.But unlike the investigations that arose from his time in the White House — which examined his strong-arm tactics on the international stage, his attempts to overturn the election and his summoning of a mob to the steps of the U.S. Capitol — this case is built around a tawdry episode that predates Mr. Trump’s presidency. The reality star turned presidential candidate who shocked the political establishment by winning the White House now faces a reckoning for a hush-money payment that buried a sex scandal in the final days of the 2016 campaign.In a statement, Mr. Trump lashed out at the district attorney, Alvin L. Bragg, a Democrat, and portrayed the case as the continuation of a politically motivated witch hunt against him.“This is political persecution and election interference at the highest level in history,” Mr. Trump said in the statement, calling Mr. Bragg “a disgrace” and casting himself as “a completely innocent person.”The Manhattan district attorney, Alvin L. Bragg, has been the target of Mr. Trump’s venomous attacks. Anna Watts for The New York TimesMr. Trump, who has consistently denied all wrongdoing, has already called on his followers to protest his arrest, in language reminiscent of his social media posts in the weeks before the Jan. 6, 2021, attack on the Capitol by his supporters. He has also denied any affair with the porn star, Stormy Daniels, who had been looking to sell her story of a tryst with Mr. Trump during the 2016 campaign.“President Trump did not commit any crime,” Mr. Trump’s lawyers, Susan R. Necheles and Joseph Tacopina, said in a statement. “We will vigorously fight this political prosecution in court.”The first sign that an indictment was imminent on Thursday came just before 2 in the afternoon, when the three lead prosecutors on the Trump investigation walked into the Lower Manhattan building where the grand jury was sitting. One of them carried a copy of the penal law, which was most likely used to read the criminal statutes to the grand jurors before they voted.The team prosecuting Mr. Trump was led by Matthew Colangelo, center, and Susan Hoffinger, center left, as well as Chris Conroy.Dave Sanders for The New York TimesNearly three hours later, the prosecutors walked into the court clerk’s office through a back door to begin the official process of filing the indictment, arriving about two minutes before the office closed for the day.For weeks, the atmosphere outside the district attorney’s office had resembled a circus, with television trucks and protesters surrounding the building. But the fervor had cooled by Thursday, and the outskirts of the office were emptier than they had been in weeks.Mr. Bragg is the first prosecutor to indict Mr. Trump, but he might not be the last. Mr. Trump’s actions surrounding his electoral defeat are now the focus of a separate federal investigation, and a Georgia prosecutor is in the final stages of an investigation into Mr. Trump’s attempts to reverse the election results in that state.But the Manhattan indictment, the product of a nearly five-year investigation, kicks off a volatile new phase in Mr. Trump’s post-presidential life as he makes a third run for the White House. And it will throw the race for the Republican nomination — which he is leading in most polls — into uncharted territory.Under normal circumstances, an indictment would deal a fatal blow to a presidential candidacy. But Mr. Trump is not a normal candidate. He has already said that he would not abandon the race if he were charged, and the case might even help him in the short term as he paints himself as a political martyr.The indictment also raises the prospect of an explosive backlash from Mr. Trump, who often uses his legal woes to stoke the rage of die-hard supporters. Already, the former president has used bigoted language to attack Mr. Bragg, the first Black man to lead the district attorney’s office, calling him a “racist,” an “animal” and a “radical left prosecutor.”Mary Kelley, a supporter of Mr. Trump, on the bridge outside of Mar-a-Lago Club in Palm Beach, Fla., on Thursday.Josh Ritchie for The New York TimesIn the past, Mr. Trump has lashed out when feeling cornered, encouraging the violent attack on the Capitol as he contested the results of the 2020 presidential election. That assault on the seat of government demonstrated that Mr. Trump’s most zealous followers were willing to resort to violence on his behalf as he sought to overturn the election results.While the specific charges in the Manhattan case against the former president remain unknown, Mr. Bragg’s case centers on a $130,000 hush-money payment to Ms. Daniels.Mr. Trump’s longtime fixer, Michael D. Cohen, made the payment in the final days of the 2016 campaign. Mr. Trump later reimbursed him, signing monthly checks while serving as president.Mr. Bragg’s prosecutors appear to have zeroed in on the way Mr. Trump and his family business, the Trump Organization, handled the reimbursement to Mr. Cohen. In internal documents, Trump Organization employees falsely recorded the repayments as legal expenses, and the company invented a bogus retainer agreement with Mr. Cohen to justify them.Mr. Cohen, who broke with Mr. Trump in 2018 and later testified before Congress as well as the grand jury that indicted Mr. Trump, has said that the former president knew about the phony legal expenses and retainer agreement.In New York, it can be a crime to falsify business records, and Mr. Bragg’s office is likely to build the case around that charge, according to people with knowledge of the matter and outside legal experts.But to charge falsifying business records as a felony, rather than a misdemeanor, Mr. Bragg’s prosecutors must show that Mr. Trump’s “intent to defraud” included an effort to commit or conceal a second crime.That second crime could be a violation of election law. Mr. Bragg’s prosecutors might argue that the payment to Ms. Daniels represented an illicit contribution to Mr. Trump’s campaign: The money silenced Ms. Daniels, aiding his candidacy at a crucial time.“Campaign finance violations may seem like small potatoes next to possible charges for his attempt to overthrow the 2020 election, but they also go to the heart of the integrity of the electoral process,” said Jerry H. Goldfeder, a special counsel at Stroock & Stroock & Lavan LLP and a recognized expert in New York state election law.If Mr. Trump were ultimately convicted, he would face a maximum sentence of four years, though prison time would not be mandatory.Yet a conviction is not a sure thing, and Mr. Bragg’s case might apply a legal theory that has yet to be evaluated by judges. A New York Times review of relevant cases and interviews with election law experts strongly suggest that New York State prosecutors have never before filed an election law case involving a federal campaign.An untested case against any defendant, let alone a former president of the United States, carries the risk that a court could throw out or limit the charges.Mr. Trump will not be the first person charged over the hush-money payment. In 2018, Mr. Cohen was federally prosecuted for the payment and pleaded guilty to campaign finance violations.Michael D. Cohen, right, Mr. Trump’s former fixer, will be a crucial witness against him. Jefferson Siegel for The New York TimesMr. Cohen is likely to become Mr. Bragg’s star witness at trial. While his past crimes will make him a target for Mr. Trump’s lawyers — who can be expected to attack the former fixer’s credibility at every turn — prosecutors will be likely to counter that Mr. Cohen lied on behalf of Mr. Trump, and that his story has been consistent for years.In a statement, Mr. Cohen said he took “solace in validating the adage that no one is above the law; not even a former president.”His lawyer, Lanny J. Davis, said that “Michael Cohen made the brave decision to speak truth to power and accept the consequences,” and that “he has done so ever since.”Mr. Cohen will not be the prosecution’s only witness: David Pecker, a longtime ally of Mr. Trump and the former publisher of The National Enquirer, testified before the grand jury twice this year. He is likely to be able to corroborate important aspects of Mr. Cohen’s story, including that Mr. Trump wanted to bury embarrassing stories to protect his presidential campaign, not just his family, as his lawyers contend.Soon after Mr. Trump began his campaign in 2015, he hosted Mr. Pecker for a meeting at Trump Tower, during which the publisher agreed to look out for stories that might damage Mr. Trump’s candidacy.One such story arose in the summer of 2016, when Karen McDougal, Playboy’s playmate of the year in 1998, said that she had had an affair with Mr. Trump. She reached a $150,000 agreement with the tabloid, which bought the rights to her story to suppress it, a practice known as “catch and kill.”When Ms. Daniels tried to secure a similar arrangement, Mr. Pecker didn’t take the deal. But he and the tabloid’s former top editor helped broker Mr. Cohen’s payment to Ms. Daniels.Despite the potential legal obstacles, and questions about Mr. Cohen’s credibility, if the case does go to trial, the salacious details could sink Mr. Trump. While white-collar prosecutions are often dry and procedural, this one will likely have some built-in jury appeal: a defendant charged with a seedy crime in a city where he is loathed by many.Any trial is months away. It will take time for Mr. Trump’s lawyers to argue that the case should be thrown out. That timeline raises the extraordinary possibility of a trial unfolding in the thick of the 2024 presidential campaign.The case would come before a jury more than five years after Mr. Cohen’s federal guilty plea prompted the district attorney’s office to open an investigation into Mr. Trump’s role in the hush-money saga. The inquiry began under Mr. Bragg’s predecessor, Cyrus R. Vance Jr., who did not seek re-election.Over the years, the investigation expanded to include whether Mr. Trump had lied about his net worth on annual financial statements. Although Mr. Vance’s prosecutors were marching toward an indictment of Mr. Trump for inflating his net worth, soon after Mr. Bragg took office, he developed concerns about proving the case.But he continued to scrutinize Mr. Trump. And in January, a few months after his prosecutors began revisiting the potential hush-money case, Mr. Bragg impaneled the grand jury that has now indicted Mr. Trump.Maggie Haberman More

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    What’s an Indictment and What Will Happen When Trump Is Arrested

    He will be fingerprinted. He will be photographed. He may even be handcuffed.If he surrenders Tuesday, Donald J. Trump is expected to walk through the routine steps of felony arrest processing in New York now that a grand jury has indicted him in connection with his role in a hush-money payment to a porn star. But the unprecedented arrest of a former commander in chief will be anything but routine.Accommodations may be made for Mr. Trump. While it is standard for defendants arrested on felony charges to be handcuffed, it is unclear whether an exception will be made for a former president. Most defendants are cuffed behind their backs, but some white-collar defendants deemed to pose less danger have their hands secured in front of them.Mr. Trump will almost certainly be accompanied at every step — from the moment he is taken into custody until his appearance before a judge in Lower Manhattan’s imposing Criminal Courts Building — by armed agents of the U.S. Secret Service. They are required by law to protect him at all times.Security in the courthouse is provided by state court officers, with whom the Secret Service has worked in the past. But the chief spokesman for the federal agency, Anthony J. Guglielmi, said he could not comment on measures that would be put in place for Mr. Trump.It may take several days for Mr. Trump to appear at the courthouse. Now that the grand jury has voted to indict him — meaning to charge him with felony crimes — the indictment will remain sealed until his expected arraignment on Tuesday, when the charges will be formally revealed.After the indictment, prosecutors contacted Mr. Trump’s defense lawyers and negotiated the terms of his surrender, a common practice in white-collar investigations.Lawyers for Mr. Trump, who is running for president a third time, said late Thursday that he will surrender and he is expected to be arraigned on Tuesday.After he is arraigned, he is almost certain to be released on his own recognizance, because the indictment will likely contain only nonviolent felony charges; under New York law, prosecutors cannot request that a defendant be held on bail in such cases.The former president is already using the charges as part of a campaign strategy to energize his base.Surrender is not in the confrontational former president’s DNA, and he often seems to relish antagonizing and attacking prosecutors who have investigated him, such as Alvin L. Bragg, the Manhattan district attorney who secured Thursday’s indictment. He has called Mr. Bragg, who is Black, “a racist” and an “animal” and said that his investigation was politically motivated.In the unlikely event that the former president refuses to surrender, Gov. Ron DeSantis of Florida has already said that his state “will not assist in an extradition request,” should one come from New York authorities. Still, if the New York prosecutors were to actually seek Mr. Trump’s extradition, and Mr. DeSantis attempted to protect his Republican rival, he could possibly face legal action himself. More

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    Donald Trump enfrenta cargos penales

    Trump será el primer expresidente estadounidense en enfrentar cargos criminales. El caso, cuyos detalles se desconocen, está centrado en un pago realizado a una actriz pornográfica a cambio de su silencio.Donald Trump fue imputado en Manhattan este jueves por su rol en el pago de un soborno a cambio de silencio a una actriz pornográfica, según cinco personas con conocimiento del asunto. Esta es una decisión histórica que moverá los cimientos de la contienda presidencial de 2024 y que por siempre marcará a Trump como el primer expresidente de la nación en enfrentar cargos criminales.El jueves por la noche, después de que se difundiera la noticia de los cargos, la oficina del fiscal de distrito confirmó que Trump había sido acusado y que los fiscales se habían puesto en contacto con el abogado de Trump para coordinar su entrega. Dos personas con conocimiento del caso dijeron que se esperaba que Trump se entregara y enfrentara la lectura de cargos a principios de la próxima semana, momento en el que se revelarán los cargos específicos.Por décadas, Trump ha logrado evadir las acusaciones penales a pesar de un constante escrutinio y repetidas investigaciones, lo que creó cierta aura de invencibilidad legal que esta acusación formal ahora amenaza con romper.Sus acciones vinculadas a su derrota electoral de 2020 son el enfoque de otra investigación federal, y una fiscal de Georgia está en las etapas finales de una investigación a los intentos de Trump por revertir el resultado de las elecciones en ese estado.Pero a diferencia de las investigaciones que surgieron durante su periodo en la Casa Blanca, este caso se basa en un sórdido episodio que precede a la presidencia de Trump. La estrella de telerrealidad convertido en candidato presidencial, que conmocionó a la clase política al ganar la Casa Blanca, enfrenta las consecuencias del pago de un soborno monetario a cambio de silencio para acallar un escándalo sexual en los últimos días de su campaña presidencial de 2016.Este jueves, los tres fiscales principales en la investigación a Trump entraron al recinto donde estaba el gran jurado, en los minutos previos a la reunión programada del panel, a las 02:00 p. m. Uno llevaba una copia del derecho penal —con visibles notas adhesivas Post-it— la cual probablemente fue usada para leerles los estatutos penales al gran jurado antes de su votación. Aproximadamente tres horas después, los fiscales entraron a la secretaría del tribunal por una puerta trasera, para comenzar el proceso de la presentación de la acusación formal.Durante semanas, la atmósfera alrededor de la fiscalía parecía la de un circo. Pero el fervor se había calmado en los últimos días, y este jueves, las inmediaciones del recinto estuvieron más vacías.Trump ha negado una y otra vez haber cometido algún delito y ha atacado a Bragg, demócrata, al cual ha acusado de liderar una persecución con fines políticos. También ha negado haber tenido un amorío con la actriz pornográfica, Stormy Daniels, quien había estado tratando de vender su historia de una cita con Trump durante la campaña presidencial.Estos son otros datos que necesitas saber:Trump siempre se ha referido a la investigación como una conspiración mayor promovida por sus oponentes políticos. Aunque insultó a Bragg, optó por culpar a su sucesor en el Despacho Oval. “Creo que esta caza de brujas será contraproducente para Joe Biden”, dijo.El testigo principal de la fiscalía es Michael D. Cohen, antiguo colaborador de Trump que pagó los 130.000 dólares para que Daniels guardara silencio. Cohen ha declarado que Trump le dio la orden de sobornar a Daniels, y que Trump y su empresa familiar, la Organización Trump, ayudaron a ocultar toda la situación. Los registros internos de la compañía identificaron de manera falsa los reembolsos como gastos legales, lo que ayudó a ocultar el verdadero propósito de los pagos.Aunque todavía no se conocen los cargos específicos, los abogados de Bragg se han centrado en ese soborno y en los falsos registros creados por la compañía de Trump. No hay garantías de que se produzca un fallo condenatorio: el intento de combinar un cargo relacionado con los registros falsos con una violación de las leyes electorales en relación con el pago a Daniels estaría basado en una teoría legal que no ha sido evaluada por ningún juez, lo que incrementa la posibilidad de que un tribunal pueda desestimar o limitar los cargos.La acusación formal, producto de una investigación de casi cinco años, inaugura una fase nueva y volátil en la vida de Trump después de la presidencia, en un momento en el que intenta por tercera vez ocupar la Casa Blanca. Además, podría hacer que la contienda por la candidatura republicana —la cual lidera en la mayoría de las encuestas— incursione en un territorio desconocido.Bragg es el primer fiscal que acusa formalmente a Trump. Es probable que se convierta en una figura nacional, y tendrá que lidiar con una agresiva atención política.Maggie Haberman More

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    Trump Hush-Money Case Timeline: What Led to Indictment

    The investigation by the Manhattan district attorney’s office into Donald J. Trump’s hush-money payments to a pornographic film star, which led to the indictment of the former president, has spanned nearly five years.Here are some key moments:Aug. 21, 2018Michael D. Cohen says he arranged hush-money payments for the president, and the investigation begins.Mr. Cohen, previously a personal lawyer and fixer for Mr. Trump, pleaded guilty to federal crimes and told a court that Mr. Trump had directed him to arrange hush-money payments to two women. The payments were made during the 2016 campaign to keep the women from speaking publicly about affairs they said they had conducted with Mr. Trump.Soon after Mr. Cohen’s admission, the Manhattan district attorney’s office opened an investigation to examine if the payments broke New York State laws. The office soon paused the inquiry at the request of federal prosecutors, who were still looking into the same conduct.August 2019The district attorney’s office subpoenas the Trump Organization.After federal prosecutors said that they had “effectively concluded” their investigation, Cyrus R. Vance Jr., the Manhattan district attorney at the time, revived his own inquiry. Late in the month, prosecutors in his office issued a subpoena to the Trump Organization and another subpoena to Mr. Trump’s accounting firm, demanding eight years of Mr. Trump’s personal and corporate tax returns.Sept. 19, 2019Mr. Trump’s lawyers sue to protect his tax returns.The lawsuit, filed in U.S. District Court in Manhattan, argued that a sitting president cannot be criminally investigated. It led to a lengthy delay.July 9, 2020Mr. Vance wins his first key victory at the U.S. Supreme Court.After appellate judges ruled against Mr. Trump, the lawsuit found its way to the Supreme Court, where the justices ruled that the presidency did not shield Mr. Trump from criminal inquiries and that he had no absolute right to block the release of his tax returns.The ruling left Mr. Trump with the opportunity to raise different objections to Mr. Vance’s subpoena.AUTUMN 2020The investigation intensifies.Prosecutors interviewed employees of the main bank and insurance company that serve Mr. Trump and issued several new subpoenas.The district attorney’s office also signaled in another court filing that it had grounds to investigate the president for tax fraud.The investigation that led to the indictment of Donald J. Trump has spanned nearly five years.Stefani Reynolds for The New York TimesFeb. 22, 2021The Supreme Court denies Mr. Trump’s final bid to block the release of his returns.The brief unsigned order was a decisive defeat for Mr. Trump and a turning point in Mr. Vance’s investigation.Just hours later, eight years of financial records were handed over to Mr. Vance’s office.March 1, 2021The investigation’s focus turns to a top executive.In the spring, Mr. Vance’s prosecutors set their sights on Allen H. Weisselberg, the Trump Organization’s long-serving chief financial officer, whom they hoped to pressure into cooperating with their investigation.The prosecutors were particularly interested in whether the Trump Organization handed out valuable benefits to Mr. Weisselberg as a form of untaxed compensation.July 1, 2021The Trump Organization is charged with running a 15-year tax scheme.When Mr. Weisselberg refused to testify against his boss, prosecutors announced charges against him and Mr. Trump’s company, saying that the company helped its executives evade taxes by compensating them with benefits such as free cars and apartments that were hidden from the authorities.JAN. 1, 2022A new Manhattan district attorney takes office.Mr. Vance left office, and his successor, Alvin L. Bragg, took over the case. Both are Democrats.Mr. Bragg, a former federal prosecutor, retained two of the investigation’s leaders, Mark F. Pomerantz, an experienced former federal prosecutor and white-collar defense lawyer, and Carey Dunne, Mr. Vance’s general counsel.Feb. 23, 2022Two prosecutors resign, leaving the investigation’s future in doubt.After Mr. Bragg expressed reservations about the case, Mr. Pomerantz and Mr. Dunne suspended the presentation of evidence about Mr. Trump to a grand jury. A month later, they resigned, prompting a public uproar over Mr. Bragg’s decision not to proceed with an indictment.In his resignation letter, which was later obtained by The New York Times, Mr. Pomerantz said that Mr. Trump had been guilty of numerous felonies.Aug. 18, 2022Mr. Bragg’s investigation continues.After staying mostly silent through weeks of criticism, the district attorney publicly discussed his office’s investigation of Mr. Trump for the first time. His fundamental message: The inquiry would continue.Aug. 18, 2022Allen Weisselberg pleads guilty and agrees to testify against the Trump Organization.Though the chief financial officer declined to turn on Mr. Trump himself, he agreed to testify at the October trial against the company that he had served for nearly half a century.Late Summer, 2022The prosecutors turn back to hush money.After several months, Mr. Bragg’s prosecutors returned to the long-running investigation’s original focus: a hush-money payment to Stormy Daniels, a pornographic film actress who said she had a sexual relationship with Mr. Trump.Dec. 24, 2022The Trump Organization is convicted, securing a significant victory for the district attorney.Mr. Bragg’s prosecutors won a conviction of Mr. Trump’s family business, convincing a jury that the company was guilty of tax fraud and other crimes.January 2023The district attorney impanels a new grand jury.The grand jury met throughout the next three months and heard testimony about the hush-money payment from at least nine witnesses.Midwinter 2023Prosecutors signal that an indictment is likely, offering Mr. Trump a chance to testify before the grand jury.Such offers almost always indicate an indictment is close; it would be unusual to notify a potential defendant without ultimately seeking charges against him.March 18, 2023Mr. Trump predicts his arrest and calls for protests.Without any direct knowledge, the former president posted on his Truth Social account that he would be arrested three days later and sought to rally supporters to his side. His prediction was soon walked back, and he was not arrested at that time.March 30, 2023Mr. Trump is indicted by a grand jury.The charges, which are still unknown, will be the first against any president, current or former. More

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    Justices Must Disclose Travel and Gifts Under New Rules

    The change comes as members of Congress have called for the justices to be held to ethics standards similar to those for the executive and legislative branches.WASHINGTON — Supreme Court justices will be required to disclose more of their activities, including some free trips, air travel and other types of gifts, according to rules adopted earlier this month.Under the new rules, justices and other federal judges must report travel by private jet, as well as stays at commercial properties, such as hotels, resorts or hunting lodges.The move comes as members of Congress have called for the justices, who have long faced less stringent reporting requirements, to be held to ethics standards similar to those for the executive and legislative branches.“To the extent this becomes a model for further activity for the Judicial Conference to clean up the Supreme Court mess, I think that’s significant,” said Senator Sheldon Whitehouse, a Democrat of Rhode Island who sits on the Judiciary Committee’s panel that oversees federal courts.Some advocates pushing for greater transparency on the court cautioned that the rules would be hard to enforce and that it would be nearly impossible to know whether a justice had failed to disclose a trip, flight or other perk.“The problem with any sort of transparency rule within the judiciary is the question of enforcement, the question of accountability,” said Gabe Roth, executive director of Fix the Court, an organization critical of the court’s transparency. Without additional requirements, including a quicker turnaround for disclosing travel and gifts and penalties for failures to comply, the new measures are likely to have a limited effect, Mr. Roth said.“The bar is so low that you can get credit for doing the bare minimum,” he said. “Small but significant is where I’m at.”The new rules, which went into effect March 14, were adopted by a financial disclosure committee of the Judicial Conference of the United States, the policymaking body for the federal courts.At a meeting in January, the committee discussed whether judges and justices would be required to file disclosures when they are hosted at commercial properties, such as resorts, according to a letter to Mr. Whitehouse from Judge Roslynn R. Mauskopf, the director of the Administrative Office of the United States Courts, which provides support for the court system.By federal law, justices must file forms each year disclosing financial ties, including gifts. However, the rules for travel that is considered “personal hospitality” were not clearly defined, including for stays at commercial properties or trips in which a third-party pays.It is unclear precisely how oversight and enforcement would work for the justices. A court spokeswoman declined to comment.The most common enforcement mechanism stems from the Judicial Conduct and Disability Act, which describes “misconduct” as “knowingly violating requirements for financial disclosure.” If an allegation arose, the chief judge of a circuit could review it and determine whether a punishment is warranted, but the act does not apply to the Supreme Court.Questions around travel by the justices have persisted for years, particularly since the death of Justice Antonin Scalia in 2016. Justice Scalia died while on a hunting trip at a lodge in West Texas owned by a businessman involved in a case that the court declined to hear in 2015.Justice Scalia, who had been staying at the ranch for free, had taken more than 250 subsidized trips from 2004 to 2014.In 2014 alone, he went on at least 23 privately funded trips, including to Ireland, Switzerland and Hawaii. Justice Scalia had been invited to the ranch by John Poindexter, owner of a Texas manufacturing firm. One of Mr. Poindexter’s companies, the Mic Group, had been the defendant in an age discrimination lawsuit by a former employee who had unsuccessfully sought review by the Supreme Court the year before.But Justice Scalia was hardly alone in accepting privately paid trips. From 2004 to 2014, Justice Stephen G. Breyer took 185 such trips, according to a database by the Center for Responsive Politics.The issue of privately paid travel also emerged in 2011, a year after the landmark campaign finance case Citizens United, which allowed unlimited corporate spending in elections. A liberal advocacy group, Common Cause, argued that Justices Scalia and Clarence Thomas should have recused themselves from hearing the case because they traveled to a political conference in Palm Springs, Calif., sponsored by the businessman Charles G. Koch, one of the biggest donors to Republicans.Legal experts greeted this month’s move with cautious optimism.“In my world of transparency and judicial ethics, what we had until now was little more than a joke,” said Stephen Gillers, a professor emeritus at the New York University School of Law who specializes in legal ethics. “The rules were very lax and tolerated circumvention, and now we’ve taken a giant step away from that.”However, he said there was still a long way to go toward transparency and accountability, pointing to the lag time between when a gift is received and when it must be reported. Justices have until May 15 of the year after receiving a gift before they must report it.In theory, if a justice “knowingly and willfully” failed to comply with the rules, the attorney general could bring a case. In practice, though, he said, that has never happened. He added that it was also impossible to know how individual justices would respond to the stricter rules.“There’s no enforcement mechanism at the Supreme Court,” he said. “It will be up to each justice.” More

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    Costly Court Race Points to a Politicized Future for Judicial Elections

    A crucial election for Wisconsin’s Supreme Court has drawn tens of millions of dollars in spending, turning an officially nonpartisan contest into a bare-knuckle political fight.MADISON, Wis. — It is a judicial election like no other in American history.Thirty million dollars and counting has poured into the campaign for a swing seat on Wisconsin’s Supreme Court, with TV ads swamping the airwaves. The candidates leave no illusions that they would be neutral on the court. And the race will decide not only the future of abortion rights in Wisconsin, but the battleground state’s political direction.Yet in other ways, the contest resembles an obscure local election: There are no bus tours or big rallies. Out-of-state political stars are nowhere to be found. Retail politicking is limited to small gatherings at bars that are not advertised to the public in advance.The result is a campaign — officially nonpartisan but positively awash in partisanship — that swirls together the old and new ways of judicial politics in America, and that offers a preview of what might be to come. It is the latest evidence, after the contentious recent confirmation battles and pitched decisions on the U.S. Supreme Court, that judges increasingly viewed as political are starting to openly act political as well.Officials in both parties believe the Wisconsin race could lead to a sea change in how State Supreme Court races are contested in the 21 other states where high court justices are elected, injecting never-before-seen amounts of money, politicization and voter interest.“If you elect a candidate who is focusing on politics and agenda and values, that’s going to reward that behavior, and it will just repeat,” said Shelley Grogan, a state appellate court judge in Wisconsin who is backing Daniel Kelly, the conservative candidate for the Supreme Court, and plotting a future high court run of her own.Judge Grogan was alluding to the fact that Justice Kelly’s liberal rival, Janet Protasiewicz, has been far more open about her political views, seeking to turn the April 4 general election into a single-issue referendum on abortion, which is now illegal in Wisconsin. And she appears to have the advantage, with a lead in private polling and a major fund-raising and advertising edge.Justice Kelly, who served for four years on the court before being ousted in a 2020 election, has a long conservative record and endorsements from Wisconsin’s largest anti-abortion groups. But he has centered his campaign on the argument that he is not a political actor and will decide cases solely based on the Wisconsin Constitution, a message that even some conservatives worry is less compelling than Democrats’ pleas to protect abortion rights.Judge Protasiewicz, a Milwaukee County judge, has emphasized her support for liberal issues and her opposition to conservative policies. She is, she says, sharing her values without explicitly stating how she would rule on particular cases.But few are fooled. During their lone debate last week, Judge Protasiewicz barely bothered to disguise how she would rule on the state’s 1849 abortion ban, a challenge to which is expected to reach the Wisconsin Supreme Court this year.Sarah Godlewski, a Democrat who was appointed this month as Wisconsin’s secretary of state, said last week at a stop in Green Bay that “when we’re talking about abortion, when we’re talking about reproductive freedom, we’re going to be able to win on these messages.”Janet Protasiewicz, the liberal candidate in the race, has been remarkably open about her political views.Jamie Kelter Davis for The New York TimesWhoever wins will earn a 10-year term and be the deciding vote on a four-to-three majority on the court, which is likely to rule on voting issues before and during the 2024 presidential election. If Judge Protasiewicz wins, Democrats are certain to challenge the state’s gerrymandered legislative maps — and during the campaign, she has called them “rigged.”The Protasiewicz strategy is to pound away on advertising to energize Democrats while depressing Republican support.“For the typical voter, 90 percent of what they learn about this election is probably going to wind up being from campaign ads,” said Ben Wikler, the chairman of the state Democratic Party.Virtually all of the state’s Democratic players are united behind Judge Protasiewicz’s campaign — with some notable exceptions.In Milwaukee, the Black community organizing group BLOC, which formed in 2017, has refused to back Judge Protasiewicz because she sentenced the son of one of the group’s leaders to 20 years in prison for a 2019 hit-and-run crash that killed 6- and 4-year-old sisters.“It’s obviously not ideal, as it is for all the marbles,” said Angela Lang, BLOC’s executive director. “But it is one that I have to stand in. I would not force folks who have had family members locked up by her to be put in the position of supporting her.”Wisconsin Republicans face more familiar divisions.Some conservative voters have been turned off by the torrent of negative ads about Justice Kelly, said Matt Batzel, the Wisconsin-based executive director of American Majority Action, a conservative grass-roots training group.Mr. Batzel’s canvassers, who typically focus on conservative homes, found that in a suburban Milwaukee State Senate district that is also holding a special election on April 4, two-thirds of people who said abortion was their top issue in the race said they were in favor of abortion rights.“‘Let’s interpret the Constitution as written and follow the rule of law’ hasn’t historically motivated that many people,” Mr. Batzel said.Daniel Kelly, the conservative candidate, has centered his campaign on the argument that he is not a political actor, a message that even some conservatives worry is less compelling than Democrats’ pleas to protect abortion rights.Jamie Kelter Davis for The New York TimesDuring the debate, Justice Kelly insisted he had not made up his mind on how he would rule on the challenge to the 1849 law.“Dan is such a purist that he doesn’t want to appear to be a politician,” said David Prosser, a conservative former justice on the court.Republican legislative leaders in Wisconsin, aware that abortion rights are a potent motivator for Democrats, have sought to create some exceptions to the 1849 law, but the effort has made little headway.“The Republican Party should have passed an abortion bill and put it on the governor’s desk a long time ago,” said Van Mobley, the Republican village president of Thiensville, who was the first Wisconsin elected official to endorse Donald J. Trump’s 2016 campaign. “They still haven’t. So I don’t think that that’s very helpful to create a climate for us.”Justice Kelly’s biggest hurdle may be the financial disparity — which is the result of campaign finance rules written by Wisconsin Republicans in 2015.Before then, the state provided modest public funding for statewide judicial campaigns and capped the amount of money candidates for any office could receive from the state parties.But that year, Gov. Scott Walker and the Republican-led Legislature passed a law allowing individual donors to give unlimited amounts to the state parties and allowing the state parties to transfer unlimited sums directly to candidates.This, combined with the fund-raising acumen Mr. Wikler brought for Democrats when he became party chairman in 2019, has put Republicans at a significant financial disadvantage in races where their billionaire donors do not underwrite candidates.Republicans now find themselves bemoaning the spending imbalance that has allowed Judge Protasiewicz to broadcast more than $10 million in television ads while Justice Kelly has spent less than $500,000 on them.Judge Grogan lamented that Republicans did not have access to the national fund-raising network that has propped up the Protasiewicz campaign. But she declined to say whether it had been a mistake for Republicans and Mr. Walker to lift the cap on contributions to state parties, and would not offer an opinion about whether donors should be allowed to make unlimited contributions.“What we should not let money do in the state of Wisconsin is buy a seat on any court,” Judge Grogan said. “Outside money should not buy a seat on a Wisconsin court. The voters in Wisconsin should decide.” More

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    Former National Enquirer Publisher Testifies Before Grand Jury in Trump Case

    The grand jury investigating a hush-money case against the former president met again on Monday, but the timing of any potential indictment remained unclear.The Manhattan grand jury weighing evidence about Donald J. Trump’s role in a hush-money payment to a porn star heard testimony on Monday from a crucial witness, but there was no sign an indictment had been filed, according to people with knowledge of the matter.The witness, David Pecker, the former publisher of The National Enquirer, also testified in January. Since the grand jury was impaneled early this year by the Manhattan district attorney, Alvin L. Bragg, it has heard from at least nine witnesses — including Mr. Pecker, who has now appeared twice — and is expected to vote on an indictment soon.It is unclear whether the grand jury took any action on Monday, but one of the people with knowledge of the matter said it had not voted on an indictment. Grand juries operate in secret, leaving the timing of indictments something of a mystery.Mr. Pecker was a key player in the hush-money episode. He and the tabloid’s top editor helped broker the deal between the porn star, Stormy Daniels, and Michael D. Cohen, Mr. Trump’s fixer at the time.Ever since Mr. Trump predicted his arrest a little more than a week ago, all eyes have turned to the grand jury.And while the grand jurors could vote to indict the former president as soon as this week — in what would be the culmination of a nearly five-year investigation — the exact timing is subject to the quirks of the grand jury process in Manhattan, which include scheduling conflicts and other potential interruptions.This particular grand jury meets on Mondays, Wednesdays and Thursdays, though it typically has not heard evidence related to the Trump investigation on Thursdays. The panel does not have to meet on each of those days, but only convenes when Mr. Bragg’s office summons the jurors.The timing of an indictment might also depend on the jurors’ availability. Sixteen of the 23 grand jurors must be present to conduct any business (and a majority must vote to indict for the case to go forward). For the prosecutors to seek a vote to indict, the jurors in attendance that day must previously have heard all key witness testimony.Members of the media gathered outside the court building in Lower Manhattan on Monday afternoon.Anna Watts for The New York TimesThe prospect of an indictment has raised a number of questions about the contours of the potential case facing Mr. Trump, who would become the first former American president to be indicted.Mr. Bragg’s prosecutors are focused on the $130,000 payment to Ms. Daniels, who agreed to keep quiet about her story of an affair with Mr. Trump in exchange for the payoff. Mr. Cohen made the payment during the final days of the 2016 presidential campaign.In recent weeks, Mr. Bragg’s office signaled to Mr. Trump’s lawyers that the former president could face criminal charges by offering him the chance to testify before the grand jury, people with knowledge of the matter have said. Such offers almost always indicate an indictment is near; 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 front of the grand jury before they are indicted, but they rarely testify, and Mr. Trump declined the offer.Prosecutors have now questioned almost every major player in the hush-money episode, again suggesting that the district attorney’s presentation is nearing an end.Mr. Trump has denied all wrongdoing — as well as any sexual encounter with Ms. Daniels — and unleased a series of escalating attacks on Mr. Bragg. Mr. Trump has referred to the investigation as a “witch hunt” and called Mr. Bragg, who is Black and a Democrat, a “racist” and an “animal.”In a post this month on his social network Truth Social, Mr. Trump declared, without any direct knowledge, that his arrest was imminent, calling on his supporters to “PROTEST, TAKE OUR NATION BACK!” — rhetoric reminiscent of his posts in the lead-up to the assault on the U.S. Capitol on Jan. 6, 2021.The focus of Mr. Pecker’s testimony was unclear, but it is not unusual for a witness to be called before a grand jury a second time, and he could have provided valuable information for prosecutors. A longtime ally of Mr. Trump, he agreed to keep an eye out for potentially damaging stories about Mr. Trump during the 2016 campaign.For a brief time in October 2016, Ms. Daniels appeared to have just that kind of story. Her agent and lawyer discussed the possibility of selling exclusive rights to her story of a sexual encounter with Mr. Trump to The National Enquirer, which would then promise to never publish it, a practice known as “catch and kill.”Mr. Pecker didn’t bite. Instead, he and the tabloid’s editor, Dylan Howard, decided that Mr. Cohen would have to deal with Ms. Daniels’s team directly.And when Mr. Cohen was slow to pay, Mr. Howard pressed him to get the deal done, to prevent Ms. Daniels from revealing their discussions about suppressing her story. “We have to coordinate something,” Mr. Howard texted Mr. Cohen in late October 2016, “or it could look awfully bad for everyone.”Two days later, Mr. Cohen transferred the $130,000 to an account held by Ms. Daniels’s attorney.Sean Piccoli More

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    Trump Puts His Legal Peril at Center of First Big Rally for 2024

    Facing a potential indictment, the former president devoted much of his speech in Waco, Texas, to criticizing the justice system, though his attacks were less personal and caustic than in recent days.WACO, Texas — Former President Donald J. Trump spent much of his first major political rally of the 2024 campaign portraying his expected indictment by a New York grand jury as a result of what he claimed was a Democratic conspiracy to persecute him, arguing wildly that the United States was turning into a “banana republic.”As a crowd in Waco, Texas, waved red-and-white signs with the words “Witch Hunt” behind him, Mr. Trump devoted long stretches of his speech to his own legal jeopardy rather than his vision for a second term, casting himself as a victim of “weaponization” of the justice system.“The abuses of power that we’re currently witnessing at all levels of government will go down as among the most shameful, corrupt and depraved chapters in all of American history,” he said.The speech underscored how Mr. Trump tends to frame the nation’s broader political stakes heavily around whatever issues personally affect him the most. Last year, he sought to make his lies about fraud in his 2020 election defeat the most pressing issue of the midterms. On Saturday, he called the “weaponization of our justice system” the “central issue of our time.”Lamenting all the investigations he has faced in the last eight years that have — to date — not resulted in charges, Mr. Trump claimed that his legal predicament “probably makes me the most innocent man in the history of our country.”Mr. Trump tried, as he has before, to link his personal grievances to those of the crowd. “They’re not coming after me, they’re coming after you,” he said.From the stage, Mr. Trump notably did not attack the Manhattan district attorney, Alvin L. Bragg, in the kind of caustic terms that he had used on social media in recent days. This past week, he had called Mr. Bragg, who is Black, an “animal” and accused him of racism for pursuing a case based on hush-money payments to the porn star Stormy Daniels shortly before the 2016 election.Mr. Trump also refrained from echoing his ominous post that “potential death and destruction” might result if he were charged.He did attack one of Mr. Bragg’s senior counsels by name, noting that he came to the office from the Justice Department and describing the move, without evidence, as part of a national conspiracy. “They couldn’t get it done in Washington, so they said, ‘Let’s use local offices,’” Mr. Trump said.Pushing back on an investigation led by Mr. Trump’s allies in Congress, Mr. Bragg said in a statement on Saturday evening, “We evaluate cases in our jurisdiction based on the facts, the law and the evidence.”.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.In a different investigation related to the handling of classified material, a federal appeals court ruled this past week that a lawyer representing Mr. Trump must answer a grand jury’s questions and provide documents to prosecutors. Mr. Trump’s team has tried to stop the lawyer, M. Evan Corcoran, from turning over documents.Mr. Trump obliquely referred to the case, complaining that lawyers were once treated differently because of attorney-client privilege. “Now they get thrown in with everybody else,” he said.Mr. Trump reserved some fire for his leading rival in the polls for the 2024 Republican nomination, Gov. Ron DeSantis of Florida, who has not announced a campaign yet. “He’s dropping like a rock,” Mr. Trump said, pointing to his increased edge over Mr. DeSantis in recent surveys.He also argued that the greatest threat to the United States was not China or Russia but top American politicians, among them President Biden, Senator Mitch McConnell, the minority leader, and former Speaker Nancy Pelosi, who Mr. Trump said were “poisoning” the nation.In many ways, the event was a familiar festival of Mr. Trump’s grievances and a showcase for his enduring showmanship. His plane — “Trump Force One,” an announcer called it — buzzed the crowd of thousands with a flyover before landing.The rally featured one new twist: the playing of “Justice for All,” a song featuring the J6 Prison Choir, which is made up of men who were imprisoned for their part in the Capitol riot on Jan. 6, 2021.The song, which topped some iTunes download charts, is part of a broader attempt by Mr. Trump and his allies to reframe the riot and the effort to overturn the election as patriotic. The track features the men singing “The Star-Spangled Banner” while Mr. Trump recites the Pledge of Allegiance.The timing of a potential Trump indictment remains unknown. The Manhattan grand jury that is hearing the case is expected to reconvene on Monday.Michael C. Bender reported from Waco, Texas, and Shane Goldmacher from New York. More