More stories

  • in

    Did China Help Vancouver’s Mayor Win Election?

    Ken Sim, Vancouver’s first mayor of Chinese descent, rejects claims of Chinese interference and says his landslide win was due to his tireless campaigning and more appealing policies.VANCOUVER, British Columbia — Every day when he arrives at his office in City Hall, Mayor Ken Sim stares at a prominent black-and-white photograph of Chinese railway workers toiling on the tracks in British Columbia in 1884.Mr. Sim, the son of Hong Kong immigrants, said the workers’ weathered faces are a daily reminder of the symbolic importance of his election as Vancouver’s first Chinese Canadian mayor, and of just how far Chinese Canadians have come.Six months ago, his historic landslide victory was widely lauded, viewed as the triumph of a politically adroit change-maker whose centrist policies had swept him to power. But since February, the Globe and Mail newspaper in Toronto has cited classified intelligence reports in describing an effort by Beijing to manipulate Canadian elections, including those in Vancouver, raising questions about whether China played a role in his win.Across Canada, a political storm is raging over the intelligence reports, which have not been made public by Canada’s national intelligence agency but are said to conclude that the government of China and its diplomats wanted to ensure victory for Prime Minister Justin Trudeau’s Liberal Party in the two most recent federal elections, while encouraging wins for some candidates of Chinese descent.Mr. Sim has been caught in the furor because the reports say China’s former consul general in Vancouver, Tong Xiaoling, sought to groom local Chinese Canadian politicians to do Beijing’s bidding and spoke of mobilizing Chinese voters to support them.While the leaked intelligence has reverberated nationally, with the opposition Conservatives seizing on the reports to accuse Mr. Trudeau of failing to protect Canadian democracy, the debate has caused particular discomfort in Vancouver, where a quarter of the population is of Chinese descent and Mr. Sim had been seen as an immigrant success story. Mr. Sim said that if there had been Chinese or any foreign interference in his election, “I would be mad as hell.” But, he added, Beijing had nothing to do with his being elected mayor.He said his sweeping victory had been hard won, and he suggested that he was being targeted because of his ethnic background.“If I was a Caucasian male, we wouldn’t be having this conversation,” the 52-year-old entrepreneur-turned-politician said in an interview from his office, as Van Halen music blasted from a vintage-style phonograph. “I was born here, raised here, and this sends the signal that when you finally get a seat at the table, people are going to tell you, ‘You didn’t get there on your own.’ It’s disgusting.” He added, “Where’s the proof?”Mr. Sim at New Town Bakery in Vancouver’s Chinatown.Jackie Dives for The New York TimesThe authenticity and accuracy of the leaks have not been verified by Canada’s intelligence agency, nor has there been any evidence presented that the aims outlined in the leaks were carried out.But Canada’s intelligence agency has stated unequivocally that China is trying to interfere in Canadian elections, a claim China has denied.Mr. Sim first ran for mayor in 2018 — and narrowly lost, partly because he was perceived by many as a conservative in a suit. During the 2022 campaign, he wore jeans and T-shirts.Jackie Dives for The New York TimesAnalysts said that, while China sought to wield political influence in Vancouver, whatever role it played was unlikely to have swung the vote.Kennedy Stewart, the incumbent mayor and Mr. Sim’s left-wing rival, agreed. “Chinese interference isn’t the primary reason I lost,” he said. “But it may have been a contributing factor.” He received 29 percent of the vote to Mr. Sim’s 51 percent.Mr. Stewart said Ms. Tong, the Chinese consul general, who ended her five-year posting in July 2022, had repeatedly breached diplomatic protocol in the years leading up to the election by denouncing him publicly because of his outspoken support for Taiwan.Mr. Stewart said that in May 2022, about five months before the election, officials from Canada’s national intelligence agency came to City Hall to brief him about the potential threat of Chinese meddling, including the use of smear campaigns by China and its proxies online or on social media.A few months later, in August, a statement attacking Mr. Stewart appeared on the Chinese consulate general’s website, after he expressed support for former House Speaker Nancy Pelosi’s visit to Taiwan that month. The statement warned Mr. Stewart not to play with fire on the Taiwan issue, saying, “Those who play with fire will burn.”Mr. Sim speaking with paramedics in Vancouver.Jackie Dives for The New York TimesVancouver, a multicultural west coast port city of about 660,000, is among the most picturesque, tolerant cities in Canada, where residents can buy CBD dog treats for their anxious canines at local marijuana shops before biking in Stanley Park.But Vancouver has been convulsed by soaring real estate prices that have made it among the most unaffordable cities in North America. At the same time, a drug overdose crisis is raging in its Downtown Eastside, an area blighted by homelessness, poverty and crime.Mr. Sim promised to help reverse the urban decay by hiring 100 more police officers and 100 mental health nurses.Mr. Sim first ran for mayor in 2018 — and narrowly lost, perceived by many as a conservative in a suit. But in 2022, he wore T-shirts from Lululemon, the famous Vancouver brand, and refashioned himself as a pragmatist.He owns a successful health care company, Nurse Next Door, which provides caregivers in Canada, Australia and the United States.Mr. Sim in the Dr. Sun Yat-Sen Classical Chinese Garden in Vancouver’s Chinatown.Jackie Dives for The New York TimesIn the 2022 election, Mr. Sim’s public order message appears to have resonated, helping him win by a margin of nearly 22 points.Andy Yan, director of the City Program at Vancouver’s Simon Fraser University, said Mr. Sim, a former investment banker, also outspent his rivals, in some cases by two to one. He said Mr. Sim had wide appeal in a region fed up with “San Francisco housing values and Kansas City wages.”Mr. Yan also stressed that Vancouver’s large, diverse Chinese immigrant community did not vote as a bloc.Stewart Prest, a lecturer in political science at Simon Fraser University, added that Mr. Stewart was perceived as a weak incumbent. Yet the leaks, Mr. Stewart’s public calls for China’s interference to be investigated, and the national outcry have kept alive concerns about China’s role in the race.Mr. Sim has dismissed suspicions that he is influenced by his cousin Bernard Chan, a politician and businessman who was a top adviser to Carrie Lam, Hong Kong’s former pro-Beijing chief executive.Jackie Dives for The New York TimesCanada’s national intelligence agency, C.S.I.S., said in an emailed statement that China was trying to influence election outcomes in Canada by exerting pressure on diaspora communities, using covert funding or taking advantage of foreign-language media outlets.Guy Saint-Jacques, a former Canadian ambassador to China, observed that Canada was seen by Beijing as a target of influence — and subterfuge — partly because Beijing sought to use Canada as a lever to press the United States to soften its opposition to China.China experts and Canadian intelligence officials said that China’s influence campaigns abroad typically emanated from the United Front Work Department, an organ of the Chinese Communist Party. Among its aims was to undermine federal, provincial or municipal officials who criticized China on issues such as Taiwan, Hong Kong and China’s repression of the Uyghurs in Xinjiang.In the Vancouver mayoral election, speculation about Chinese interference was also fanned by reports in the Chinese-language media that Mr. Sim’s first cousin is Bernard Chan, a Hong Kong politician and businessman who was a top adviser to Carrie Lam, Hong Kong’s former pro-Beijing chief executive.Mr. Sim during a news conference.Jackie Dives for The New York Times Mr. Sim said that Mr. Chan did not influence him in any way and that he studiously avoided talking to Mr. Chan about politics. “I don’t choose the political beliefs of anyone that’s related to me,” he said.He said he had purposely underplayed his Chinese roots during the election campaign, wary of using his ethnic background to win votes.Mr. Sim is the youngest son of Hong Kong immigrants who arrived in Vancouver in 1967 with their life savings of $3,200. He said that during his childhood his parents spoke Cantonese at home, but, eager to fit in, he refused his parents’ entreaties to learn the language. He now regrets that decision.The family often struggled to pay rent, and Mr. Sim moved five times from the age of 7 until 12, forcing him to attend five different elementary schools. He remembered at 7 seeing his father fend off a predatory landlord with a bat.“We lived in fear, asking, ‘Where are we going to live?’”On a recent day in Vancouver’s Chinatown, many local residents expressed pride in the election of a Chinese Canadian mayor.But Fred Kwok, chairman of the Chinese Cultural Center, which was targeted in a suspected arson attack the night before, said Mr. Sim’s ethnic background didn’t matter to him.“I don’t care what Ken Sim’s race is,” he said. “I care about security in Chinatown and someone doing something about it. Nobody did a thing the past four years.”Mr. Sim at his desk at City Hall.Jackie Dives for The New York Times More

  • in

    Witness Testimony Helps Prosecutors Advance Trump Election Case

    The Justice Department’s success in compelling top aides to former President Donald Trump to testify to a grand jury moves the special counsel closer to a decision on seeking indictments.Without fanfare, the Justice Department’s investigation into former President Donald J. Trump’s attempts to overturn the 2020 election is approaching an important milestone.After nearly nine months of behind-the-scenes clashes, Mr. Trump’s lawyers have largely lost their battle to limit testimony from some of his closest aides to a federal grand jury. The decisions, in a string of related cases, represent an almost total failure by Mr. Trump to constrain the reach of the inquiry and have strengthened the position of Jack Smith, the special counsel overseeing the investigation, as he builds an accounting of the former president’s efforts to retain power after his defeat at the polls.Having lost their challenges to grand jury subpoenas and largely failed to limit the scope of their testimony with assertions of executive and attorney-client privilege, a last group of aides is now being forced to answer questions.On Tuesday, it was Stephen Miller, an adviser and top speechwriter for Mr. Trump, who showed up in Federal District Court in Washington and spent several hours in front of the grand jury. On Thursday, it was John Ratcliffe, the former director of national intelligence. The process could culminate near the end of this month with an appearance by former Vice President Mike Pence.While questions linger over pending appeals and potential efforts by some of the witnesses to delay things further by invoking the Fifth Amendment, the developments suggest that Mr. Smith is close to finishing the fact-finding phase of his work and is moving closer to a decision about seeking charges against Mr. Trump and others.There are no clear indications about when Mr. Smith might decide about charges in the case, but he faces pressure on several fronts to keep the process moving.The political season could be a consideration: The 2024 presidential race is heating up, with Mr. Trump still regarded as the front-runner for the Republican nomination, and the first debate of the G.O.P. primary season has been scheduled for August.On the legal front, the looming decision by a district attorney in Georgia, Fani T. Willis, on whether to seek indictment of Mr. Trump on charges related to his efforts to overturn his election loss has placed added pressure on Mr. Smith, who must decide whether allowing another prosecutor to go first with similar charges could complicate any prosecution he pursues.Former Vice President Mike Pence may testify before a grand jury by the end of this month.Winnie Au for The New York Times“The speed of the Georgia state investigation increases the pressure on Jack Smith to move with alacrity and to get his witnesses before the federal grand jury now,” said John P. Fishwick Jr., an Obama appointee who served as the U.S. attorney for the Western District of Virginia from 2015 to 2017. “Once the state indictment comes down, it can really bog down the D.O.J. investigation.”Among those who have worked with him, Mr. Smith is seen as a diligent manager bent on collecting the information needed to make a decision while remaining cognizant of the time pressures and the highly partisan atmosphere in which he is operating.In his first and only public comments — a statement emailed to reporters shortly after his appointment in November — he vowed that the pace of his Trump investigations would “not pause or flag,” noting that he would “move the investigations forward expeditiously and thoroughly to whatever outcome the facts and the law dictate.”Mr. Smith is also overseeing the parallel investigation into Mr. Trump’s handling of classified information after leaving office and whether the former president obstructed government efforts to reclaim the materials..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.Attorney General Merrick B. Garland, who will ultimately make the decision on whether to indict Mr. Trump, has told associates that he will not overrule Mr. Smith’s judgment, whatever it turns out to be, unless he believes the special counsel has deviated from departmental standards and procedures.Mr. Garland, and his top deputy Lisa O. Monaco, have publicly projected an air of detachment from the case, but they have been following developments in the privilege fights that have been playing out in the federal courthouse that sits just a few blocks from their office. They have been receiving regular briefings from aides who are getting updates from members of Mr. Smith’s team, according to two people familiar with the situation.The legal battles over privilege began well before Mr. Smith was appointed to the special counsel post and have pitted two powerful forces against each other.Jack Smith has been leading the inquiry since his appointment in November.Pool photo by Peter DejongIn the course of the investigation into Mr. Trump’s efforts to overturn the election, federal prosecutors have subpoenaed an army of Mr. Trump’s former aides in an effort to have the grand jury hear as many firsthand accounts as possible of his behavior in the White House in the days leading up to the attack on the Capitol on Jan. 6, 2021.Mr. Trump’s lawyers have countered by asserting that any adviser close to the former president should not have to answer certain questions in front of the grand jury because of attorney-client privilege, which protects communications between lawyers and those they represent, and executive privilege, which shields some communications between the president and members of his administration.Among the first people to engage in this debate were Marc Short and Greg Jacob, two of Mr. Pence’s top aides, who went into the grand jury in July and asserted privilege in response to certain questions, prompting prosecutors to file motions compelling their full testimony. Setting a pattern for the months that followed, Mr. Trump’s lawyers fought those motions but ultimately lost their case in front of Beryl A. Howell, then the chief federal judge in Washington, and subsequently in front of a federal appeals court.With the privilege waived, Mr. Short and Mr. Jacob testified for a second time in October. They were followed two months later by Pat A. Cipollone and Patrick F. Philbin, the two top lawyers in Mr. Trump’s White House, who went through the same process.The fight dragged on into this year as another round of aides — including Mr. Miller; Dan Scavino, a onetime deputy chief of staff; and Mr. Scavino’s boss, Mark Meadows, Mr. Trump’s final chief of staff — all tried, and failed, to assert forms of privileges. The last skirmish took place just a couple of weeks ago when a new chief judge, James E. Boasberg, turned down efforts to limit Mr. Pence’s testimony.While getting these witnesses in front of the grand jury has been challenging and time consuming, the accounts they have given — or will eventually give — are only a fraction of the total body of evidence that Mr. Smith and his predecessors have gathered.Well before Mr. Smith arrived, another prosecutor, Thomas P. Windom, obtained grand jury testimony from pro-Trump figures like Ali Alexander, who organized several prominent “Stop the Steal” events, and from a wide array of state officials involved in a plan to create fake slates of pro-Trump electors in swing states that were actually won by President Biden.Mr. Windom, who now works with Mr. Smith, also oversaw the seizure of phones from lawyers close to Mr. Trump, including John Eastman, Jeffrey Clark and Boris Epshteyn. Mike Roman, a campaign strategist who was the director of Election Day operations for the Trump campaign in 2020, also had his phone seized under Mr. Windom’s watch.Other prosecutors who now work with the special counsel began an inquiry before Mr. Smith arrived into Save America PAC, a fund-raising operation that Mr. Trump created after his loss in the election. As part of that investigation, dozens of subpoenas have been issued to companies that have received money from the PAC, including some law firms.Danny Hakim More

  • in

    Leadership of Foundation Honoring Justin Trudeau’s Father Quits

    The Pierre Elliott Trudeau Foundation said that accusations of Chinese meddling in its affairs had made it impossible for it to function as before.A foundation honoring the father of Prime Minister Justin Trudeau of Canada announced Tuesday that its board of directors and chief executive had resigned after being swept into a political storm over leaked intelligence showing that China planned to interfere in Canadian elections.A leak, published in February in The Globe and Mail, a Toronto newspaper, accused China of being behind a 200,000 Canadian dollar donation pledge to the Pierre Elliott Trudeau Foundation in 2016, but did not accuse the foundation of being aware of China’s involvement.The foundation, which has no affiliation with the current prime minister, announced in March that it returned the portion of the donation that it actually received, saying that “we cannot keep any donation that may have been sponsored by a foreign government and would not knowingly do so.”However, returning the donation did not quell criticism from Mr. Trudeau’s political rivals that the foundation had become a tool of influence for China’s government.On Monday, the foundation said in a statement that the board and the president and chief executive, who did not hold that position when the donation was accepted, had decided to step down because “the political climate surrounding a donation received by the Foundation in 2016 has put a great deal of pressure on the foundation’s management and volunteer board of directors, as well as on our staff and our community.”It added: “The circumstances created by the politicization of the foundation have made it impossible to continue with the status quo.”There is no indication that the current prime minister was aware of the 2016 donation. The prime minister severed ties to the foundation, which largely provides scholarships in his father’s name, when he entered politics in 2008.Mr. Trudeau told reporters on Tuesday: “The Trudeau Foundation is a foundation with which I have absolutely no intersection.” He added: “It is a shame to see the level of toxicity and political polarization that is going on in our country these days. But I’m certain that the Trudeau Foundation will be able to continue to ensure that research into the social studies and humanities at the highest levels across Canadian academic institutions continues for many years to come.”In February, The Globe and Mail reported that the Pierre Elliott Trudeau Foundation had received a 200,000 Canadian dollar pledge in 2016 which was made by two wealthy Chinese businessmen, at the behest of a Chinese diplomat. The newspaper, citing a portion of a leaked recording made by the Canadian Security Intelligence Service, said that the diplomat said that the Chinese government would reimburse the two men as part of what it characterized as an attempt to influence Prime Minister Justin Trudeau.The account in the article of Chinese government involvement has never been verified.The report was one of a series based on intelligence leaks, most of which involved allegations of political meddling, that started appearing in the newspaper in mid-February, and later appeared on Global News, a Canadian broadcaster.Criticism of the foundation intensified about a month ago, when Mr. Trudeau appointed David Johnston to look into the allegations of improper meddling by China. Mr. Johnston is a former academic and was once the governor-general of Canada who acted as the country’s head of state as the representative of Queen Elizabeth. He was also once a member of the board of the Trudeau Foundation, a fact that some Conservatives argued made him unfit to lead an investigation.David Johnston, a former governor general, is looking into allegations that China meddled in Canada’s two last elections.Geoff Robins/Agence France-Presse — Getty ImagesThree directors, the foundation said, will continue in their roles as caretakers until a new board and president are found.The donation, according to The Globe and Mail, was part of a 1 million Canadian dollar pledge supposedly underwritten by China to curry influence. The remainder included 750,000 dollars for scholarships at University of Montreal’s law school, “to honor the memory and leadership” of Pierre Trudeau, who opened diplomatic relations between Canada and China in 1970.Another 50,000 dollars was to go to the university for a statue of Mr. Trudeau, which was never erected.The elder Mr. Trudeau was a member of the law school’s faculty before entering politics.Sophie Langlois, a spokeswoman for the university, said that it received 550,000 Canadian dollars of the pledged amount.“We are indeed considering all of our options in the light of new information,” she wrote in an email.The focus of the leaked intelligence reports, according to The Globe & Mail and The Global News, is Chinese interference in the 2019 and 2021 federal elections. The reports suggest that the government of China wanted to ensure that Mr. Trudeau’s Liberal Party defeated the Conservative Party which it viewed as more hostile toward Beijing. Several government reviews have concluded that foreign influence did not change the outcome of either vote.The Conservative opposition has repeatedly called for a public inquiry, a move Mr. Trudeau has called unnecessary. He did, however, promise to hold one if Mr. Johnston recommends that step.On Monday, the leader of Conservative Party, Pierre Poilievre, called for an additional investigation. “We need to investigate the Beijing-funded Trudeau Foundation,” Mr. Poilievre tweeted. “We need to know who got rich; who got paid and who got privilege and power from Justin Trudeau as a result of funding to the Trudeau Foundation.” More

  • in

    Fact-Checking Trump’s Speech After His Arraignment

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

  • in

    Donald Trump Prepares to Surrender

    The Manhattan indictments may not even present his biggest legal threat.Donald Trump is expected to turn himself in to the Manhattan authorities today. Further down, you can read about the latest developments and what to expect today.I also want to devote part of today’s newsletter to the other three criminal investigations of Trump — because at least one of them could end up being more significant than the charges in Manhattan, both legally and politically.Why?For one thing, some legal experts view the Manhattan case skeptically. The closest analogy to it may be the 2012 trial of John Edwards, the former Democratic presidential candidate, who was accused of violating campaign-finance law by hiding payments to cover up an extramarital affair. Jurors acquitted Edwards of one charge and deadlocked on the others, a reminder that many people are uncomfortable criminalizing scandals that revolve around consensual sex.The political impact of sex scandals is similarly questionable. Trump has a long, public history of cheating on his wives, as any reader of New York’s tabloid newspapers knows. It did not keep him from being elected president any more than Bill Clinton’s reputation for infidelity kept him from winning in 1992. Clinton also lied about an affair while he was president — under oath, no less — but many Americans nonetheless believed he should remain in the job.The case against Trump could turn out differently, of course: He could be convicted. Even if he is, though, the charges do not seem likely to change many voters’ views of Trump.Two of the other three investigations into Trump are somewhat different. They are about democracy, not sex, and there is already reason to believe that they are more politically threatening to him.One of the two is a federal investigation into Trump’s efforts to overturn the 2020 election, including his role in the Jan. 6 attack on the Capitol. The second involves those same efforts, but only in Georgia, where local prosecutors are looking into his failed attempt to overturn the result. Prosecutors have not yet announced whether they will bring charges in either case.Both stem from Trump’s rejection of basic democratic principles that other leaders of both parties have long accepted — that the loser of an election should concede; that politicians should not tell brazen and repeated lies; that violence is an unacceptable political tactic. Over the past few years, a small — but crucial — slice of voters who are otherwise sympathetic to the Republican Party have indicated that they are uncomfortable with Trump’s attacks on democracy.In 2020, he became only the fourth president in the past century to lose re-election, even as Republican congressional candidates fared better than expected. Last year, Trump’s preferred candidates performed about five percentage points worse than otherwise similar Republicans, my colleague Nate Cohn estimates. As a result, every election denier who ran to oversee elections in a battleground state last year lost.An indictment and a trial in either the Jan. 6 case or the Georgia case would again focus attention on Trump’s anti-democratic behavior. Most of his supporters would probably stick by him, but the cases probably present a greater risk to his standing with swing voters than a case revolving around the cover-up of an affair. And if polls were to show Trump clearly losing a hypothetical rematch with President Biden, some Republican primary voters might become nervous, hurting Trump in the primaries.I’m not predicting that outcome or any other specific scenario. There is a great deal of uncertainty about Trump’s legal problems and the 2024 election. I merely want to remind you that while attention will understandably focus on the Manhattan case this week, Trump’s legal problems are larger than this one case.Here’s our overview of the other three cases, compiled by my colleague Ian Prasad Philbrick.1. Jan. 6This is a federal investigation into Trump’s efforts to overturn the 2020 election. The investigation appears to be focusing on Trump’s role in the Jan. 6 attack, on attempts by him and his allies to recruit fake presidential electors in key states, and on their fund-raising off false voter-fraud claims.Typically, the Justice Department tries to avoid taking actions that could influence the outcome of a campaign that has formally begun. (James Comey’s rejection of this tradition in the Hillary Clinton email case was a major exception.) If Jack Smith, the special counsel overseeing this Trump inquiry, follows the tradition, Smith may make an announcement about whether to bring charges well before the end of this year.“He wants to resolve things quickly. But we cannot say how quickly,” my colleague Alan Feuer, who’s been covering the case, said.2. GeorgiaAfter Trump lost the 2020 election, he pressured Georgia’s top elections official “to find 11,780 votes,” enough to overturn his defeat. A grand jury investigating those efforts heard from 75 witnesses, including Rudy Giuliani and Lindsey Graham, and recommended that prosecutors charge multiple people with crimes. It’s unclear whether Trump is among them, because much of the grand jury’s report remains secret. But the jury’s forewoman has hinted he was among them.The charges could include attempted election fraud and racketeering related to Trump’s involvement in a plan to recruit fake presidential electors. Prosecutors will likely decide whether to charge anyone by next month.3. Government documentsThe third case — involving the handling of classified documents — is probably less threatening to Trump, at least from a political standpoint. Many politicians, apparently including Biden and former Vice President Mike Pence, have broken the rules for handling classified material. It’s partly a reflection of what many experts consider the over-classification of documents, including many that contain mundane information.Trump’s case does seem more extreme, however. He not only took hundreds of classified documents from the White House but also repeatedly resisted giving many of them back. Charges could include obstruction of justice for defying a subpoena. Smith is overseeing this inquiry as well, and the timing of a resolution remains unknown.The latest newsPolice officers and Secret Service agents will escort Trump from his home in Trump Tower to the district attorney’s office in Lower Manhattan, where he will surrender. Follow today’s developments.The New York Police Department has been put on alert. But officials say they do not expect a major backlash.Trump added a lawyer to his defense team, a former federal prosecutor with experience in white-collar cases.The case against Trump could hinge on an untested legal theory. Here’s what we know.THE LATEST NEWSPoliticsVoters head to the polls today to decide the runoff for Chicago mayor and to choose a new judge for Wisconsin’s Supreme Court.About 15 million Americans could soon lose their health insurance because of the expiration of a pandemic program that automatically extended Medicaid coverage.Some Republicans fear that legislation to limit press freedom in Florida, drafted at Ron DeSantis’s urging, could expose conservative outlets to libel suits.Other Big StoriesClockwise from left: Christina Koch, Victor Glover, Jeremy Hansen and Reid Wiseman.Josh Valcarcel/NASA Johnson Space Center, via ReutersMeet the astronauts of the Artemis II mission: They’ll be the first people to fly around the moon in more than 50 years.Finland joins NATO today. It’s a strengthening of the Western alliance and a strategic setback for Vladimir Putin.More severe weather is on the way to the Midwest and parts of the South, the same area that tornadoes hit a few days ago.From convenient to a nuisance: Parisians voted to ban electric rental scooters.Freeing Paul Rusesabagina, depicted in the movie “Hotel Rwanda,” involved secret diplomacy, lawsuits and Hollywood.A ranch owner in Arizona was charged in the shooting death of a migrant. Some conservative ranchers say the owner was the real victim.OpinionsMatthew Walther supports gun rights, but he thinks that the fetishism of AR-15 fandom is dangerous.Baseball’s new rules are a desperately needed makeover, Steve Kettmann writes.MORNING READSA member of the Blackfeet Nation in Montana resting after shooting a bison last month.Michael Hanson for The New York TimesThe hunt: Their job is to kill bison who roam beyond Yellowstone’s borders.Up in the air: Take a close look at California’s snowy mountains.Baby’s first social media handle: Sorry, that profile name is taken. It belongs to a newborn.Love story: She thought her crush on a colleague was secret. Until someone asked, “Why do you have Jake pinned to your screen?”A Morning watch: She survived the atomic bombing of Hiroshima. This is her story, in her voice.Lives Lived: As a young man, Raghavan Iyer didn’t know how to cook a simple potato curry. He went on to teach America’s heartland how to prepare Indian cuisine. Iyer died at 61.SPORTS NEWS FROM THE ATHLETICConnecticut players celebrating their win yesterday.Godofredo A. Vasquez/Associated PressN.C.A.A. men’s tournament winners: The UConn Huskies claimed their fifth national title with a 76-59 drubbing of upstart San Diego State. They survived a chaotic men’s tournament which saw all four No. 1 seeds lose before the Elite Eight.From the sideline: UConn’s dominance in the men’s tournament has brought out the inner calm in its head coach.A possible invite: Jill Biden suggested that the women’s runner-up, Iowa, could also be invited to the White House alongside national champion L.S.U. Tigers star Angel Reese responded with laughing emojis.Oral history: Twenty years ago, the Boston Red Sox created “the most fun clubhouse in baseball.” The Athletic called those players.ARTS AND IDEAS Revising classicsAuthors’ estates have been altering the text of well-known books to remove language that some may consider offensive, raising questions about art and censorship. But for publishers, there’s another important factor: making sure those books still sell.Agatha Christie continues to find new fans, and her estate had those readers in mind when it recently removed bigoted language from some of her novels. Christie’s estate learned long ago how lucrative such a change could be: In the 1980s, it dropped the title from the U.K. edition of one novel, which contained a slur, and adopted the U.S. title, “And Then There Were None.” It remains her best-selling book.PLAY, WATCH, EATWhat to CookDavid Malosh for The New York TimesPair radicchio with a tasty dressing.What to WatchThe documentary “Pretty Baby: Brooke Shields” includes an absorbing collage of archival footage.What to ReadIn “A Fever in the Heartland,” Timothy Egan traces the Ku Klux Klan’s expansion in the 1920s.Late NightStephen Colbert wondered if Trump would get a mug shot taken.Now Time to PlayThe pangram from yesterday’s Spelling Bee was commodity. Here is today’s puzzle.Here’s today’s Mini Crossword, and a clue: Sports stadium (five letters).And here’s today’s Wordle. Thanks for spending part of your morning with The Times. See you tomorrow. — DavidP.S. We have winners in The Morning’s March Madness pools: “KarlyRenee” in the women’s bracket, and “Archytas” in the men’s. Congratulations! If you’re one of them, email us at themorning@nytimes.com to receive your prize.Here’s today’s front page.“The Daily” is about Wisconsin’s Supreme Court election. More

  • in

    Donald Trump también debe responder ante la justicia

    Por primera vez en la historia de Estados Unidos, un gran jurado ha acusado formalmente a un expresidente del país. Donald Trump estuvo durante años, como candidato, en la presidencia y tras su salida de ella, ignorando las normas y los precedentes democráticos y legales, intentando plegar al Departamento de Justicia y al poder judicial a sus caprichos y comportándose como si él no estuviese sujeto a las reglas.Como demuestra su acusación, sí lo está.El reiterado desprecio por la ley suele conducir a una acusación penal, y esa es la consecuencia a la que se enfrenta hoy Trump. Los fiscales federales y estatales hicieron bien en dejar de lado las preocupaciones por las consecuencias políticas, o la reverencia por la presidencia, e iniciar exhaustivas investigaciones penales sobre la conducta de Trump en al menos cuatro casos. La investigación del fiscal de distrito de Manhattan es la primera que conduce a una acusación formal.Trump transformó por completo la relación entre la presidencia y el Estado de derecho, y a menudo afirmaba que el presidente está por encima de la ley. De modo que es adecuado que sus actos como presidente y como candidato sean ahora ponderados oficialmente por jueces y jurados, con la posibilidad de que se enfrente a sanciones penales. Trump dañó gravemente las instituciones políticas y legales de Estados Unidos, y volvió a amenazarlas con llamados a protestas generales cuando fuera acusado. Sin embargo, esas instituciones han demostrado ser lo bastante fuertes para exigirle responsabilidades por ese daño.Un sano respeto por el sistema legal también requiere que los estadounidenses dejen de lado sus opiniones políticas a la hora de formarse un juicio sobre estos casos. Aunque Trump pidió habitualmente que el FBI investigara a sus enemigos, que fueran imputados o enfrentaran la pena de muerte, su indiferencia hacia las garantías procesales para los demás no debería negarle los beneficios del sistema, incluidos un juicio imparcial y la presunción de inocencia. Al mismo tiempo, ningún jurado debería extenderle ningún privilegio como expresidente. Debería seguir los mismos procedimientos que cualquier otro ciudadano.La acusación es aún confidencial, y es posible que no se conozcan los cargos contra Trump hasta dentro de unos días. Pero Alvin Bragg, el fiscal de distrito, ha estado investigando un caso de posible fraude e infracciones por parte de Trump en la financiación de su campaña, al ocultar los pagos que le hizo a la estrella del cine porno Stormy Daniels antes de las elecciones de 2016. Sus actos —utilizar dinero para silenciar a los críticos y ocultar información políticamente perjudicial— estuvieron mal. La pregunta que se le planteará al jurado es si esa conducta alcanza el umbral suficiente para ser susceptible de una condena por delito grave.Si son esas las acusaciones, la condena dependerá de demostrar que Trump participó en la falsificación de registros mercantiles mientras se infringía la ley sobre financiación de campañas, una estrategia jurídica un tanto novedosa. La falsificación de registros puede ser imputable como delito menor en Nueva York; para que sea un delito más grave, se debe probar que lo hizo junto con un segundo delito, en este caso, una posible vulneración de la ley en la financiación de la campaña. El expresidente, que aspira a un segundo mandato en 2024, ha negado las acusaciones y ha dicho que la causa presentada contra él por Bragg, demócrata, obedece a motivaciones políticas.Si bien algunos expertos jurídicos han cuestionado la teoría en que se apoya el caso de Bragg, no hay ninguna base para acusarlo de motivaciones políticas, una afirmación que Trump ha hecho durante muchos años, cada vez que se investigaba su conducta. Del mismo modo que a los miembros del jurado se les instruye para que ignoren las pruebas indebidamente introducidas en un juicio, también deberán ignorar todas las insinuaciones sin fundamento de los partidarios y los defensores de Trump en estos casos, y juzgarlas estrictamente por sus méritos.Tres de las otras investigaciones que podrían dar lugar a acusaciones son más graves, porque conllevan acusar a Trump, no solo de haber vulnerado la ley, sino también de haber abusado de su cargo presidencial.Las imputaciones contra él en Georgia están entre las más vergonzosas. Fani Willis, fiscal de distrito del condado de Fulton, está considerando presentar cargos penales contra varias personas, incluido Trump, por intentar anular los resultados de las elecciones presidenciales de 2020 en ese estado, que ganó el presidente Biden por 11.779 votos. Trump presionó repetidas veces al secretario de Estado de Georgia, Brad Raffensperger, para que “buscara” votos adicionales que pudieran cambiar el resultado de las elecciones en el estado, parte de un plan para socavar la voluntad de los votantes.Un gran jurado especial formado por Willis recomendó en febrero que se presentaran cargos en el caso; todavía se desconoce qué personas o acusaciones se incluirán en las recomendaciones del gran jurado o a quién podría intentar acusar Willis, si es que procede.Una investigación del Departamento de Justicia federal dirigida por un fiscal especial, Jack Smith, también podría dar lugar a acusaciones formales contra Trump. Smith está investigando los intentos del expresidente de impedir el traspaso pacífico del poder el 6 de enero de 2021, cuando Trump incitó a una turba armada que atacó el Capitolio de Estados Unidos, amenazando a los legisladores allí reunidos para certificar los resultados de las elecciones presidenciales. Un informe del Senado realizado por los dos partidos concluyó que siete muertes estaban relacionadas con el ataque.El equipo de Smith también está investigando al expresidente por su indebido manejo de los documentos clasificados que fueron retirados de la Casa Blanca y llevados a Mar-a-Lago, su residencia privada en Florida. En el caso se han recuperado unos 300 documentos clasificados. Los fiscales también están estudiando si Trump, sus abogados o miembros de su personal trataron de confundir a los funcionarios del Estado que pidieron la devolución de los documentos.Además de los cargos penales, Trump se enfrenta a varias demandas civiles. La fiscal general de Nueva York, Letitia James, ha demandado al expresidente por inflar de forma “flagrante” y fraudulenta el valor de sus activos inmobiliarios. Tres de los hijos adultos de Trump también figuran en la demanda. Un grupo de policías del Capitolio y legisladores demócratas han demandado al presidente, aduciendo que sus actos del 6 de enero incitaron a la turba que les provocó daños físicos y emocionales. E. Jean Carroll, una escritora que acusó a Trump de haberla violado, ha demandado al expresidente por difamación. Trump niega las acusaciones.Sin duda, procesar al expresidente ahondará las divisiones políticas existentes que tanto daño han hecho al país en los últimos años. Trump ya ha avivado esa división, al tachar a los fiscales que están detrás de las investigaciones —varios de ellos personas negras— de “racistas”. Afirmó en un mensaje publicado en las redes sociales que sería detenido, y se dirigió así a sus simpatizantes: “¡PROTESTEMOS, RECUPEREMOS NUESTRA NACIÓN!”. Con ese lenguaje, estaba repitiendo el grito de guerra que precedió a los disturbios en el Capitolio. Las autoridades de la ciudad de Nueva York, que no se arriesgan a que se repitan los actos de los partidarios de Trump, se han estado preparando para la posible agitación.Esas acusaciones del expresidente están claramente dirigidas a socavar las denuncias contra él, protegerse de las consecuencias de su mala conducta y utilizar los casos para su beneficio político. Los dos fiscales de distrito en estas causas son demócratas electos, pero su raza y sus afinidades políticas no tienen ninguna relevancia para los procesos judiciales. (Smith no está afiliado a ninguno de los dos partidos). No obstante, el presidente de la Cámara de Representantes, Kevin McCarthy, demostró de inmediato la intención de su partido de politizar la imputación al calificar a Bragg de “fiscal radical” que persigue “la venganza política” contra Trump. McCarthy no tiene la jurisdicción sobre el fiscal de distrito de Manhattan ni le corresponde interferir en un proceso penal y, sin embargo, se ha comprometido a que la Cámara de Representantes determine si la fiscalía de Bragg está recibiendo fondos federales.La decisión de procesar a un expresidente es una tarea solemne, sobre todo teniendo en cuenta las profundas fisuras nacionales que Trump exacerbará, inevitablemente, a medida que se acerque la campaña de 2024. Pero el costo de no buscar la justicia contra un dirigente que puede haber cometido esos delitos sería aún más alto.El Comité Editorial es un grupo de periodistas de opinión cuyas perspectivas están sustentadas en experiencia, investigación, debate y ciertos valores arraigados por mucho tiempo. Es una entidad independiente de la sala de redacción. More

  • in

    Former Trump Officials Must Testify in 2020 Election Inquiry, Judge Says

    The ruling paves the way for testimony from Mark Meadows and others. Separately, a Trump lawyer appeared before a grand jury looking into the former president’s handling of classified documents.A federal judge has ruled that a number of former officials from President Donald J. Trump’s administration — including his former chief of staff, Mark Meadows — cannot invoke executive privilege to avoid testifying to a grand jury investigating Mr. Trump’s efforts to overturn the 2020 election.The recent ruling by Judge Beryl A. Howell paves the way for the former White House officials to answer questions from federal prosecutors, according to two people briefed on the matter.Judge Howell ruled on the matter in a closed-door proceeding in her role as chief judge of the Federal District Court in Washington, a job in which she oversaw the grand juries taking testimony in the Justice Department’s investigations into Mr. Trump. Judge Howell’s term as chief judge ended last week.The existence of the sealed ruling was first reported by ABC News.Mr. Trump’s lawyers had tried to rebuff the grand jury subpoenas issued to more than a half-dozen former administration officials in connection with the former president’s efforts to remain in office after his defeat at the polls. The lawyers argued that Mr. Trump’s interactions with the officials would be covered by executive privilege.Prosecutors are likely to be especially eager to hear from Mr. Meadows, who refused to be interviewed by the House select committee that investigated the Jan. 6, 2021, attack on the Capitol. Mr. Meadows was a central player in various efforts to help Mr. Trump reverse the election outcome in a number of contested states.Before he stopped cooperating with the committee, Mr. Meadows provided House investigators with thousands of text messages that gave them a road map of events and people to interview. He has also appeared before a fact-finding grand jury in Fulton County, Ga., investigating the efforts to overturn the election, according to the grand jury’s forewoman, who described him as not very forthcoming.Mr. Meadows’s lawyer, George Terwilliger, did not respond to a phone call on Friday seeking comment.Other officials whose grand jury testimony Judge Howell compelled in her order vary in significance to the investigation, and in seniority. They include John McEntee, who served as Mr. Trump’s personnel chief and personal aide; Nick Luna, another personal aide; Robert C. O’Brien, who was national security adviser; Dan Scavino, who was a deputy chief of staff and social media director in the White House; John Ratcliffe, the director of national intelligence; Stephen Miller, Mr. Trump’s speechwriter and adviser; and Ken Cuccinelli, who served as acting deputy secretary of homeland security.Word of the ruling came as the Justice Department pressed ahead in its parallel investigation into Mr. Trump’s handling of classified documents after leaving office and whether he obstructed the government’s efforts to reclaim them. The twin federal investigations are being led by Jack Smith, the special counsel who was appointed after Mr. Trump announced his latest candidacy in November.In the documents case, one of the central witnesses, M. Evan Corcoran, a lawyer who represented Mr. Trump in the inquiry, appeared before a grand jury on Friday after both Judge Howell and a federal appeals court in Washington rejected his attempts to avoid answering questions by asserting attorney-client privilege on behalf of Mr. Trump, according to two people familiar with the matter..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 making her ruling last week to force Mr. Corcoran to testify, Judge Howell upheld the government’s request to invoke the crime-fraud exception, a provision of the law that allows prosecutors to work around attorney-client privilege if they have reason to believe that legal advice or services were used to further a crime. The judge also said that Mr. Corcoran would have to turn over some documents related to his representation of Mr. Trump.Judge Howell’s order exposed the continuing legal peril confronting Mr. Trump, as it noted that Mr. Smith’s team had made “a prima facie showing that the former president committed criminal violations,” according to people familiar with the decision.Her order made clear that prosecutors have questions not just about what Mr. Trump told Mr. Corcoran as he prepared to respond to a grand jury subpoena seeking any remaining classified material in Mr. Trump’s possession, but who else may have influenced what Mr. Corcoran told Justice Department officials, according to people familiar with the ruling.In December, another lawyer for Mr. Trump, Timothy Parlatore, also appeared in front of the grand jury, to answer questions about a subpoena prosecutors had issued in May seeking all classified material in the possession of the custodian of records for Mr. Trump’s presidential office.Mr. Parlatore said on Friday that he had gone in front of the grand jury because at that point Mr. Trump’s office no longer had a custodian of records. He also said that he had been involved in several efforts to comply with the subpoena in the weeks and months after the F.B.I., acting on a search warrant in August, hauled away hundreds of classified documents from Mar-a-Lago, Mr. Trump’s private club and residence in Florida.Among the things that Mr. Parlatore said he discussed with the grand jury were additional searches he oversaw at the end of last year, of other properties belonging to Mr. Trump, including Trump Tower in New York; Mr. Trump’s golf club in Bedminster, N.J.; and a storage site in West Palm Beach, Fla.During the search of the storage site, investigators found at least two more documents with classified markings.During his grand jury testimony, Mr. Parlatore said he also mentioned an empty folder bearing the words “classified evening summary” that had remained on Mr. Trump’s bedroom night stand even after the F.B.I.’s search of Mar-a-Lago.He said prosecutors immediately drew up a subpoena for the folder, demanding its return.“The D.O.J. is continuously stepping far outside the standard norms in attempting to destroy the long-accepted, long-held, constitutionally based standards of attorney-client privilege and executive privilege,” a Trump spokesman said in a statement, saying the cases are political and that “there is no factual or legal basis or substance to any case against President Trump.”Prosecutors in Mr. Smith’s office have also been pressing forward with seeking grand jury testimony in a separate investigation into Mr. Trump’s handling of classified documents after he left office. More

  • in

    Book Review: ‘Bottoms Up and the Devil Laughs,’ by Kerry Howley

    In “Bottoms Up and the Devil Laughs,” Kerry Howley explores how the erosion of privacy has fueled conspiracy theories and the national security state.BOTTOMS UP AND THE DEVIL LAUGHS: A Journey Through the Deep State, by Kerry HowleyThe people in Kerry Howley’s new book include fabulists, truth tellers, combatants, whistle-blowers. Like many of us, they have left traces of themselves in the digital ether by making a phone call, texting a friend, looking up something online. Certain conveniences have become so frictionless that we reflexively entrust devices with mundane yet intimate secrets: group-chat gossip, numbers of steps taken, dumb selfies.“It is our fate to live in the age of the indelible,” Howley writes in “Bottoms Up and the Devil Laughs,” her account of the national security state and the people entangled in it. “It’s best to just take another photograph. Keep building up the database. Throw it into the cloud, whatever that is.”Howley is a writer for New York magazine and the author of “Thrown” (2014), a book about mixed martial arts fighters (real) that was narrated by a philosophy student named Kit (not real). As far as I can tell, “Bottoms Up” seems to be narrated by Howley — though who she “really is” and, by extension, who any of us “really are” is something that this book encourages us not to take for granted.The book is riveting and darkly funny and, in all senses of the word, unclassifiable. Howley writes about privacy and its absence; about hiding and leaking and secrets and betrayal. But she also writes about the strange experience of living, and how it gets flattened and codified into data that can be turned into portraits of static, permanent beings — creatures who would be unrecognizable to ourselves.“With endless information comes the ability to take information from its context, to tell stories perfectly matched to the intentions of the teller, freed from the complex texture of reality,” Howley writes. Countering that slide toward bland propaganda, “Bottoms Up” returns information to its context, capturing as much as possible the texture of reality, showing us how bewildering it often is.She reintroduces us to figures like Edward Snowden, Julian Assange, Chelsea Manning and John Walker Lindh. We revisit the case of John Kiriakou, the ex-C.I.A. officer who disclosed on television that the American government had waterboarded (that is, tortured) a detainee. Kiriakou would become the first C.I.A. officer convicted of a leak. He later took a job at the Russian propaganda outfit Sputnik Radio.Kerry Howley, the author of “Bottoms Up and the Devil Laughs.” Jordan GeigerBut at the center of this book is Reality Winner (“her real name, let’s move past it now”), who was 9 years old on 9/11. What happened to Winner is the point on which a number of the book’s themes converge. She joined the Air Force at 18, becoming a linguist who spoke Dari and Pashto. She later worked as a contractor for the National Security Agency. In 2017 she was arrested for mailing five printed pages of classified information to The Intercept that detailed Russian efforts to interfere in the 2016 elections.Howley got to know Winner and her family, depicting a young woman who “took ideas in their fullness, ignorant of their social context, and therefore radically open to argument.” Winner worked as a translator for the drone program while teaching yoga and worrying about global warming. “She was not on a team,” Howley writes. The book suggests it was this — the fact that nothing Winner did was easily amenable to the narrative of a particular side — that eventually did her in.Winner sent the classified information to The Intercept because she visited the site for news; she knew that some of its journalists were skeptical about the allegation of Russian meddling, and she wanted to show them evidence of the meddling. Howley explains, step-by-step, how The Intercept bungled the handling of those five pages, neglecting to consult its own first-rate digital security experts, eventually showing the document — creases and watermarks intact, betraying the source — to the N.S.A. for verification. “It would prove extremely unfortunate for Reality that the audience who might be most interested in and moved by her case was largely captured by a publication embarrassed by it,” Howley notes.It would also prove extremely unfortunate for Reality that the American government used her work for the American government against her. “It had taught her obscure languages,” Howley writes, “knowledge of which it now implied was dangerous.” A note Winner had made about wanting to “burn the White House down” was taken as proof of malevolent intent, omitting the “ha, ha” that followed it. (Winner later wondered if she would have fared better with an “lol jk.”) She was sentenced to 63 months — “the longest sentence ever handed down for an Espionage Act conviction.” The government assembled the fragments from Winner’s life and projected a story into the absences, essentially creating what Howley elsewhere calls a “fantasy built on solid ground.”This warped kind of world-building bears more than a passing resemblance to what conspiracy theorists do. So it’s fitting that the title “Bottoms Up and the Devil Laughs” comes from a 2014 viral video of a Christian woman at a conference who presents a (remarkably polished and assured) case that Monster Energy drinks are a vehicle for Satan. From there it’s just a short crawl to QAnon’s elaborate nightmares about Satan-worshiping pedophiles.The arc of Howley’s extraordinary book feels both startling and inevitable; of course a journey through the deep state would send her down the rabbit hole. “There’s a once-in-a-lifetime opportunity to take this global cabal of Satan-worshiping pedophiles out, and I think we have the president to do it,” Marjorie Taylor Greene, now a congresswoman from Georgia, said in 2017. How’s that for the banality of evil? As Howley puts it, “True believers speak of Satanism with the bored fluency of someone selling condos.”But it’s not as if QAnon has had to make up its nonsense out of whole cloth. Its propagation also relies on the not uncommon impulse to worry for one’s children. It was only toward the end of the book that I noticed how children were a recurrent presence — Howley’s, her friend’s, those of a camera assistant in Baghdad killed by an American strike.Howley learned she was pregnant while reporting the book. “I despaired many times, in the writing, about my ability to protect the thing I was growing,” she says. She was immersed in a world “that had forgotten what it was like to construct a self in the dark.” We become ourselves by shedding our past selves — but now those discarded selves are recorded somewhere, potentially living longer than we do. In her acknowledgments, Howley ends with a note to her children that could serve as a blessing for us all: “May you be only as remembered as you wish.”BOTTOMS UP AND THE DEVIL LAUGHS: A Journey Through the Deep State | By Kerry Howley | 233 pp. | Alfred A. Knopf | $28 More