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    Barr and Durham Made a Mockery of the Rules I Wrote

    The recent revelations about Special Counsel John H. Durham’s investigation of the origins of Robert Mueller’s Russia inquiry paint a bleak picture — one that’s thoroughly at odds with governing law. Those rules, called the Special Counsel Regulations, contemplate someone independent of the attorney general who can reassure the public that justice is being done.I drafted those guidelines as a young Justice Department official, and there is zero chance that anyone involved in the process, as it was reported on by The New York Times, would think that former Attorney General William Barr or Mr. Durham acted appropriately.According to the report, Mr. Barr granted Mr. Durham special counsel status to dig into a theory that the Russia investigation likely emerged from a conspiracy by intelligence or law enforcement agencies. That investigation took almost four years (longer than Mr. Mueller’s inquiry) and appears to be ending soon without any hint of a deep state plot against Mr. Trump.Furthermore, the reporting suggests that the Durham inquiry suffered from internal dissent and ethical disputes as it lurched from one unsuccessful path to another, even as Americans heard a misleading narrative of its progress.But now Merrick Garland, not Mr. Barr, is the attorney general, and the regulations give him the power to require Mr. Durham to explain himself — and to discipline and fire Mr. Durham if the explanation is not adequate. Right now, there are a plethora of investigations in Washington — in addition to Mr. Durham’s, two special counsels are looking into presidential handling of classified documents, the new Republican House of Representatives has created a “weaponization” of government committee and the new House Oversight Committee is ramping up as well.At this moment, it is critical for Mr. Garland to use the supervisory powers under the Special Counsel Regulations that govern Mr. Durham to remind Americans of what actual justice, and independent investigations and decision making, look like.The special counsel regulations say that a special counsel must have “a reputation for integrity and impartial decisionmaking” and that, once appointed, the counsel “shall not be subject to the day-to-day supervision” of the attorney general or any other Justice Department official.The point of the regulations was to create a strong degree of independence, especially in highly fraught political investigations where the attorney general’s status as a presidential appointee might cause the public to question the appearance of partiality. The appointment of Robert Hur, a former Trump-appointed U.S. attorney, to examine President Biden’s handling of classified documents is a perfect illustration. The special counsel is supposed to be someone who cannot be reasonably accused of laundering an attorney general’s dirty work.In light of the new reporting, it is hard to view Mr. Durham as anything else. Indeed, no one involved in developing these regulations thought that a prosecutor who has regular scotch-sipping sessions with the attorney general would ever be remotely fit for the job. Yet that was the relationship reportedly developed by Mr. Durham and Mr. Barr, who jetted off to Italy as a team, where they learned of a lead about President Trump and potential criminal acts. Mr. Barr gave that investigation, too, to Mr. Durham, where it appears to have died.The regulations were set up to avoid a headless fourth branch of government, and so gave the attorney general the power to discipline or fire a special counsel. The Justice Department inspector general, too, should immediately begin an investigation, as members of Congress have recently requested.The regulations also require Mr. Durham to write a final report outlining his actions. Mr. Garland should call for that report immediately, and if Mr. Durham claims he has some ongoing work to do, he should be told to submit an interim report for Mr. Garland.That report should go into detail about the Italy-focused investigation of Mr. Trump and what the investigators found. And Mr. Garland should scrutinize that report closely, because it certainly appears that we can’t trust Mr. Durham’s prosecutorial judgment. Mr. Barr has said that the Italian tip “was not directly about Trump” and that it “turned out to be a complete nonissue,” but given his and Mr. Durham’s many failures and obfuscations, there is a need for more than Mr. Barr’s word.Remember, Mr. Durham tried to prosecute Michael Sussmann, a former lawyer for Hillary Clinton’s campaign, but the jury acquitted him. He then tried to prosecute Igor Danchenko about the Steele Dossier, but that prosecution led to an acquittal, too.As many lawyers will tell you, a federal prosecutor almost has to go out of his way to be 0-2 in federal jury trials. Mr. Durham managed to do it. (His only measly conviction was a minor plea for a low-level F.B.I. lawyer.) Still, Mr. Durham’s failures in court do not show a violation of the special counsel regulations. They just show bad judgment.Attorney General William Barr with Donald Trump in front of the Capitol building in 2019.Doug Mills/The New York TimesMr. Garland knows all this, so he should demand a report — though this would not be the sort of report that should be automatically made public. It may very well be that the investigation into Mr. Trump off the Italian lead fizzled because there was nothing to the allegations. If so, Mr. Garland can say that he is refusing to make the report public, but that he has looked into the matter and is satisfied by Mr. Durham’s resolution of it.That, too, is something the special counsel regulations contemplated — they were drafted after the Starr Report and its gratuitous tarnishing of individuals, and so they made clear the special counsel’s report need not be public. (More recently, James Comey tarnished Hillary Clinton in a similar way, underscoring the need for the Justice Department to speak through indictments, not public attacks.)Unfortunately, Mr. Durham and Mr. Barr allowed a misleading narrative to gain traction in public. When news organizations began to report in October 2019 that Mr. Durham’s investigation had morphed from an administrative inquiry into a criminal investigation, creating the misimpression that there might have been criminal wrongdoing by those involved in the Russia investigation, neither man corrected the narrative, even though the real investigation involved Mr. Trump.The Trump administration dealt an awful blow to the notion of a fair investigation. Mr. Trump’s playbook was to relentlessly attack the investigators. Yet foundational to our government is the notion that no one is above the law.Assuming the reporting is accurate, Mr. Barr and Mr. Durham behaved in a way that betrayed this bedrock principle. The question of who guards the guardians has plagued democracies since Juvenal. If Mr. Durham were not acting with the independence required for the position, it corrodes the rule of law and opens the door to the perception, if not the reality, of special treatment for the politically powerful.Mr. Garland has the power now to examine the accuracy of the reporting and to take the corrective action necessary to ensure that no adverse precedent is set for future investigations into high-level wrongdoing.Neal K. Katyal is a professor at Georgetown University Law Center and a co-author, with Sam Koppelman, of “Impeach: The Case Against Donald Trump.” He was an acting solicitor general in the Obama administration.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Jack Smith, Special Counsel for Trump Inquiries, Steps Up the Pace

    Named less than three months ago to oversee investigations into Donald J. Trump’s efforts to hold onto power and his handling of classified documents, the special counsel is moving aggressively.Did former President Donald J. Trump consume detailed information about foreign countries while in office? How extensively did he seek information about whether voting machines had been tampered with? Did he indicate he knew he was leaving when his term ended?Those are among the questions that Justice Department investigators have been directing at witnesses as the special counsel, Jack Smith, takes control of the federal investigations into Mr. Trump’s efforts to reverse his 2020 election loss and his handling of classified documents found in his possession after he left office.Through witness interviews, subpoenas and other steps, Mr. Smith has been moving aggressively since being named to take over the inquiries nearly three months ago, seeking to make good on his goal of resolving as quickly as possible whether Mr. Trump, still a leading contender for the 2024 Republican presidential nomination, should face charges.Last week, he issued a subpoena to former Vice President Mike Pence, a potentially vital witness to Mr. Trump’s actions and state of mind in the days before the Jan. 6, 2021, assault on the Capitol by a pro-Trump mob.His prosecutors have brought a member of Mr. Trump’s legal team, M. Evan Corcoran, before a federal grand jury investigating why Mr. Trump did not return classified information kept at his Mar-a-Lago residence and private club in Florida. Justice Department officials have interviewed at least one other Trump lawyer in connection with the documents case.Since returning to Washington from The Hague, where he had been a war crimes prosecutor, Mr. Smith has set up shop across town from the Justice Department’s headquarters, and has built out a team. His operation’s structure seems to closely resemble the organization he oversaw when he ran the Justice Department’s public integrity unit from 2010 to 2015.Three of his first hires — J.P. Cooney, Raymond Hulser and David Harbach — were trusted colleagues during Mr. Smith’s earlier stints in the department. Thomas P. Windom, a former federal prosecutor in Maryland who had been tapped in late 2021 by Attorney General Merrick B. Garland’s aides to oversee major elements of the Jan. 6 inquiry, remains part of the leadership team, according to several people familiar with the situation.In addition to the documents and Jan. 6 investigations, Mr. Smith appears to be pursuing an offshoot of the Jan. 6 case, examining Save America, a pro-Trump political action committee, through which Mr. Trump raised millions of dollars with his false claims of election fraud. That investigation includes looking into how and why the committee’s vendors were paid.M. Evan Corcoran has represented Donald J. Trump in the case related to his handling of classified material for many months.Alex Kent/Getty ImagesInterviews with current and former officials, lawyers and other people who have insight into Mr. Smith’s actions and thinking provide an early portrait of how he is managing investigations that are as sprawling as they are politically explosive, with much at stake for Mr. Trump and the Justice Department.Current and former officials say Mr. Smith appears to see the various strands of his investigations as being of a single piece, with interconnected elements, players and themes — even if they produce divergent outcomes.Mr. Smith has kept a low profile, making no public appearances and sticking to a long pattern of empowering subordinates rather than interposing himself directly in investigations. It is a chain-of-command style honed during stints as a war crimes prosecutor in The Hague, a federal prosecutor in Tennessee and, most of all, during his tenure running the Justice Department’s public integrity unit, which investigates elected officials.A spokesman for Mr. Smith had no comment.But various developments that have surfaced publicly in recent days show his team taking steps on multiple fronts, illustrating how he is wrestling with multiple and sometimes conflicting imperatives of conducting an exhaustive investigation on a strictly circumscribed timetable.The intensified pace of activity speaks to his goal of finishing up before the 2024 campaign gets going in earnest, probably by summer. At the same time, the sheer scale and complexity and the topics he is focused on — and the potential for the legal process to drag on, for example in a likely battle over whether any testimony by Mr. Pence would be subject to executive privilege — suggest that coming to firm conclusions within a matter of months could be a stretch.“The impulse to thoroughly investigate Trump’s possibly illegal actions and the impulse to complete the investigation as soon as possible, because of presidential election season, are at war with one another,” said Jack Goldsmith, a former assistant attorney general and current Harvard Law professor. “One impulse will likely have to yield to the other.”In looking into Mr. Trump’s efforts to hold onto power after his election loss and how they led to the Jan. 6 riot, Mr. Smith is overseeing a number of investigative strands. The subpoena to Mr. Pence indicates that he is seeking testimony that would go straight to the question of Mr. Trump’s role in trying to prevent certification of Joseph R. Biden Jr.’s victory in the election and the steps Mr. Trump took in drawing a crowd of supporters to Washington and inciting them.His team is sifting through mountains of testimony provided by the House Jan. 6 committee, including focusing on the so-called fake electors scheme in which some of Mr. Trump’s advisers and some campaign officials assembled alternate slates of Trump electors from contested states that he had lost..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.More recently his team has been asking witnesses about research the Trump campaign commissioned by an outside vendor shortly after the election that was intended to come up with evidence of election fraud. The existence of that research was reported earlier by The Washington Post.The apparently related investigation into the activities of Mr. Trump’s main fund-raising arm, the Save America PAC in Florida, was emerging even before Mr. Smith arrived in Washington around Christmas from The Hague.A vast array of Trump vendors have been subpoenaed. Investigators have been posing questions related to how money was paid to other vendors, indicating that they are interested in whether some entities were used to mask who was being paid or if the payments were for genuine services rendered.In the investigation into Mr. Trump’s handling of classified information, and whether he obstructed justice when the government sought the return of material he had taken from the White House, investigators are casting a wide net. They appear to be seeking to recreate not only what took place once Mr. Trump had departed the White House with hundreds of sensitive documents, but also how he approached classified material and presidential records long before that, according to multiple people briefed on the matter.Mr. Smith’s team is seeking interviews with a number of people who worked in the Trump White House and who had familiarity with either how he consumed classified information, or how he dealt with paper that he routinely carted with him in cardboard boxes, during much of the span of his presidency.Such interviews could help Mr. Smith establish patterns of behavior by Mr. Trump over time, such as how he handled secret information he was provided about foreign countries and how he treated presidential documents generally.Alina Habba is another of Mr. Trump’s lawyers.Jefferson Siegel for The New York TimesMr. Trump was known to rip up pieces of paper, and to bring documents up to the White House residence. Notes taken by aides in 2018 show that Mr. Trump’s advisers appeared to be contending with tracking documents he had brought with him to his club in Bedminster, N.J., where he stayed over weekends during the warmer months of the year.In some cases, Mr. Trump tore up documents and threw them in toilets in the White House. Aides would periodically retrieve what was not flushed down and let it dry, then tape it back together and pass the documents on to the staff secretary, whose office managed presidential paper flow, according to two people familiar with what took place.In the documents investigation, Mr. Smith has the challenge of interviewing several unreliable narrators who may have an interest in protecting Mr. Trump.Several of Mr. Trump’s advisers have been interviewed by the Justice Department. Some have gone before the grand jury, including Mr. Corcoran, who has represented Mr. Trump in the case related to his handling of classified material for many months and had a central role in dealing with the government’s efforts to retrieve the documents, according to two people briefed on his appearance.Another aide to Mr. Trump, Christina Bobb, served as the custodian of the records the Justice Department was interested in. She signed an attestation in June claiming that a “diligent search” had been conducted of Mar-a-Lago in response to a grand jury subpoena. She asserted that the remaining documents turned over in June were all that remained.Ms. Bobb has appeared twice before the Justice Department and has told people that Mr. Corcoran drafted the statement she signed; The Wall Street Journal reported that one visit was before the grand jury. She has also said she was connected with Mr. Corcoran by Boris Epshteyn, another Trump lawyer and adviser who brought Mr. Corcoran into Mr. Trump’s circle and, empowered by Mr. Trump, for months played a lead role coordinating lawyers in some of the investigations.The Justice Department contacted another of Mr. Trump’s lawyers, Alina Habba, late last year about an appearance. Ms. Habba does not represent Mr. Trump in the documents case, but she spoke about it on television. She also signed an affidavit in another case saying she had searched Mr. Trump’s office and residence in May, meaning investigators may be interested in whether she saw government documents there.The Justice Department is also seeking to question a former Trump lawyer, Alex Cannon, who people briefed on the matter said repeatedly urged Mr. Trump to turn over the boxes of material that the National Archives was seeking.Mr. Trump’s disclosure of newly located documents has been ongoing. Lawyers for the former president notified prosecutors recently about a potential witness they might want to speak with: a relatively junior former staff member to Mr. Trump who had uploaded classified material onto a laptop and discovered it only after the fact, according to a different person familiar with the incident.The discovery occurred when the staff member was placing a large trove of Mr. Trump’s daily White House schedules on the computer and realized that a small amount of classified material had been included in the schedules, the person said.In an interview with CNN on Sunday, one of Mr. Trump’s lawyers, Tim Parlatore, said the Justice Department had issued a subpoena for a manila folder marked “classified evening summary” after Mr. Trump’s aides provided the department with reports on materials they had found after their own searches. He said it was not actually a classified marking, contained nothing and was being used by Mr. Trump to dim a blue light on his bedside phone at Mar-a-Lago that “keeps him up at night.”“I’ve never seen anything like it,” Chuck Rosenberg, a former federal prosecutor and former F.B.I. official, said of the cascade of Trump aides and lawyers becoming drawn into investigations. “It’s just a whirling dust cloud, and everyone who gets near it gets covered in grime.”While Mr. Smith did not ask Mr. Garland’s permission to subpoena Mr. Pence, one of the most extraordinary developments of his short time as special counsel, he almost certainly consulted him about it: Under the regulations, special counsels are expected to report major developments to the attorney general.The Justice Department is also seeking to question Alex Cannon, a former Trump lawyer.Pool photo by Andrew HarnikBut many legal observers see the current situation — with two likely 2024 presidential rivals, Mr. Trump and Mr. Biden, facing separate special counsel investigations — as evidence that the special counsel mechanism is being used far beyond its intended, limited purpose.“The special counsel regulations were an effort to give the attorney general some independence in a conflict-of-interest situation,” Mr. Goldsmith added, “but it was never intended to carry the burdens that are being imposed on it now. It is a problem, these political investigations, that our constitutional system is not equipped to handle.”Ben Protess More

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    Biden’s Classified Documents Scandal Is Really Bad for 2024

    Remember the iconic image of a smiling Joe Biden in his 1967 Corvette Stingray? It conjured charming Uncle Joe, a retro-cool guy who’d been around the track and knew how to handle it.Four months after President Biden called Donald Trump’s mishandling of classified documents “irresponsible,” that vintage car — parked at the president’s home in Delaware next to his own boxes containing classified material — has been transformed into a shiny symbol of hypocrisy. If you went into a G.O.P. whataboutism lab and asked for a perfect gaffe, you’d come out with the president snapping last week to a Fox News reporter, “My Corvette is in a locked garage.”Well, the storage room at Mar-a-Lago is locked, too.Just two weeks ago, Democrats were chortling over chaos in the G.O.P., convinced that far-right Republican control of the House would help them in 2024. Then they experienced the exquisite torture that comes with the slow release of politically damaging information, in this case the acknowledgment of classified documents found in Mr. Biden’s former offices and Wilmington home. Now he’s fully in the barrel — targeted by powerful congressional committees, aggressive reporters looking for scoops and a methodical new special counsel, Robert Hur, to match Jack Smith, the special counsel investigating Mr. Trump.The optical equivalence between Mr. Trump and Mr. Biden is phony, of course. Mr. Trump is a grifter who appears to have intentionally taken hundreds of classified documents, bragging that he kept the folders marked “classified” or “confidential” as “‘cool’ keepsakes.” He said of his stash of classified documents, according to several advisers, “It’s not theirs; it’s mine,” and seemingly defied a subpoena to return the documents, thereby exposing him to possible prosecution for obstruction of justice. Mr. Biden, by contrast, was sloppy and slow to search for and disclose the existence of about 20 stray classified documents but is fully cooperating with authorities.Unfortunately for Mr. Biden, this distinction cannot easily survive the miasma of congressional and special counsel subpoenas, relentless questions from reporters and fresh allegations of impropriety that signal the arrival of a new episodic political drama. Many voters with better things to do with their time than parse the nuances of presidential record keeping may casually conclude that both men are careless, lying politicians.On one level, the classified documents imbroglio is just an acrimonious prelude to the 2024 campaign, a story that will surface, disappear, then surface again with tiresome predictability. But Mr. Biden’s new problems run deeper than that. They represent both a challenge to his core political brand of honor and decency and the start of a more intense, potentially combative period of scrutiny for a president poised to seek re-election. All of which suggests that we may look back on January of 2023 as the end of a relatively brief era in American political life — a period, for all its turmoil, when two Democratic presidents avoided being enmeshed in the grinding machinery of scandal that has otherwise characterized Washington for half a century.All 10 American presidencies since 1973 have faced investigation by a special counsel or independent prosecutor, except one: Barack Obama’s. For eight years, Mr. Obama and his vice president and other high-ranking officials were seen as figures of unusual rectitude, and the impression of integrity returned when Mr. Biden took office after four years of wall-to-wall corruption. But now this sharp ethical contrast with Mr. Trump has been dulled. That complicates the president’s expected re-election campaign — and could even short-circuit it.Most Democrats still think Mr. Biden is honest, and they view his accomplishments on the economy, climate, infrastructure and defending democracy as far more significant than this lapse. But it’s hard to exaggerate the level of Democratic exasperation with him for squandering a huge political advantage on the Mar-a-Lago story and for muddying what may have been the best chance to convict Mr. Trump on federal charges. Mr. Biden’s more serious problem may be with independents, whom he carried by nine points in 2020. Unforced errors can take a toll with them. Even as the classified documents story eventually fades — it will most likely not be a first-tier issue next year — swing voters may see him in a harsher light.To understand why, it’s necessary to look back more than a dozen years. From the first moments of Mr. Obama’s presidency, Republicans attacked him for everything from having been born in Kenya (a racist lie pushed by Mr. Trump, among others) to wearing tan suits. Even when it distracted Mr. Obama, he brushed it all off his shoulders.That’s because the Obama-Biden administration set an exceptionally high ethical standard and usually met it. Mr. Obama’s scandal-less White House liked to keep things “tight,” as he put it — sometimes too tight. If any appointee stepped out of line, the response was often to fire first and ask questions later, as Shirley Sherrod, a Black official at the Agriculture Department, learned in 2010 after Fox News aired a highly edited tape taken from a right-wing website that made it seem she had delivered a racist speech to the N.A.A.C.P. Ms. Sherrod’s remarks were in fact taken badly out of context, but by the time this was recognized, she had already been dismissed. (The agency subsequently offered to rehire her.)Essentially all Obama-era “scandals” collapsed under scrutiny or never touched his White House. Oceans of ink were spilled chronicling the bankruptcy of Solyndra, a solar panel company that received loan guarantees from the Energy Department. But no improper conduct was ever established, and the overall loan guarantee program actually turned a profit for the government. Likewise, a poorly planned and ill-fated sting at the U.S.-Mexico border called Operation Fast and Furious brought inconclusive congressional hearings and a contempt citation for Attorney General Eric Holder but did not tarnish Mr. Obama.Mr. Biden’s vulnerabilities are closer to home. His allies are reportedly claiming the story will blow over because it’s just D.C. noise, but that was not Hillary Clinton’s experience with her emails and server. In the same way that the grueling Benghazi hearings from 2014 through 2016 softened Mrs. Clinton up for later attacks, the Biden documents story may give new life to unproven allegations about his connections to unsavory Chinese executives in business with members of his family. Did foreign nationals have access to the mishandled classified documents? That’s highly unlikely. But Republican lawmakers will use Democratic charges about security breaches at Mar-a-Lago as an excuse to open outlandish lines of inquiry.And the G.O.P. now has subpoena power to delve into red-meat targets like the contents of Hunter Biden’s laptop and any communications on it that involved the current president. James Comer, the new chair of the House Oversight Committee, will almost certainly haul Hunter Biden and his uncle James Biden, the president’s brother, before the committee to testify about their suspiciously lucrative deals with foreign firms and the way their business intersected disastrously with Hunter Biden’s squalid personal life.To navigate the coming storm, Joe Biden needs to up his political game — no small feat for a man of his age — and avoid becoming his own worst enemy. First, he will have to keep his famous temper out of public view. If Uncle Joe morphs into Testy Joe, over his son or his handling of classified documents or anything else, his problems will worsen. Beyond an improving economy and a successful conclusion to the war in Ukraine, the best medicine for his political ailments would be a surprising legislative victory. In the new Congress, 18 House Republicans represent districts that Mr. Biden carried in 2020. If Mr. Biden can persuade just a handful of them to vote against defaulting on the national debt and sending the global economy into a depression — a harder task than it sounds because of all-but-inevitable right-wing primary challenges — he’ll get credit for averting a major economic crisis.But even if Mr. Biden puts wins on the board, survives venomous Republican lawmakers and gets off with a slap on the wrist in the special counsel’s report, the classified documents story has likely stripped him of a precious political asset with some independents and Democrats: the benefit of the doubt. The general feeling that Mr. Biden — like Mr. Obama — is clean and scandal-free has been replaced by the normal Washington assumption of some level of guilt.Republicans are ferocious attack dogs, especially when they have something to chew on. And Mr. Biden, a better president than candidate, has never had the nimbleness necessary for good defense. When he first ran for president in 1988, he was forced to withdraw amid minor charges of plagiarism that a more dexterous politician might have survived. Over the years, his skills on the stump deteriorated. He performed poorly in Iowa and New Hampshire in 2020 and recovered in South Carolina and won the nomination only because Democrats concluded en masse that he was the best candidate to beat Mr. Trump.That remains the prevailing assumption inside the Democratic Party: He did it before and can do it again. But it’s not clear that rank-and-file voters agree. Last year a New York Times/Siena College poll showed nearly two-thirds of Democrats didn’t want Mr. Biden to run. While his standing improved after the midterms, he’s down in the first polls released since the documents story broke.The president is now an elderly swimmer in a sea of sharks. And some of them may even be Democrats. It’s not hard to envision an ambitious primary challenger arguing, more in sorrow than in anger, that he or she supports most of the Biden record but elections are about the future and the party needs a more vigorous candidate. (Mr. Biden would be 86 at the end of a second term.) Democratic leaders will be shocked and appalled by the upstart’s temerity in spoiling the party’s impressive unity. But New Hampshire is full of anti-establishment independents, and basically the entire state is furious with Mr. Biden for proposing to bump its primary to the second week of the schedule. He could easily lose or be weakened there, opening the door for other Democrats. Which ones? That’s what primaries are for.In the meantime, the president isn’t looking good in polls pitting him against Republicans in hypothetical 2024 matchups. Mr. Biden and Mr. Trump have been running about even, a depressing finding for Democrats. And if the G.O.P. nominates a younger candidate like Ron DeSantis, Mr. Biden could be the octogenarian underdog in the general election.Imagine instead that the president takes a leaf from Nancy Pelosi and decides not to run. Mr. Comer and the clownish members of his committee would probably end up training most of their fire on Democrats not named Biden. Democrats would “turn the page,” as Mr. Obama recommended in 2008, to a crop of fresher candidates, probably governors, who contrast better with Mr. Trump and would have good odds of beating a younger Republican. And the smiling old gentleman in the Corvette — his shortcomings forgotten and his family protected — would assume his proper place as a bridge between political generations and arguably the most accomplished one-term president in American history.Jonathan Alter, a longtime political journalist, writes the newsletter Old Goats and has written books on Franklin D. Roosevelt, Barack Obama and Jimmy Carter.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Gary Hart: The “New Church Committee” Is an Outrage

    To legitimize otherwise questionable investigations, Congress occasionally labels them after a previous successful effort. Thus, the new Republican-controlled House of Representatives’ proposed select committee, which plans to investigate the “weaponization of government,” is being described as “the new Church committee,” after the group of senators who investigated the F.B.I., the C.I.A. and other groups from 1975-76.As the last surviving member of the original Church committee, named after its chairman, the late Senator Frank Church of Idaho, I have a particular interest in distinguishing what we accomplished then and what authoritarian Republicans seem to have in mind now.The outlines of the committee, which Rep. Jim Jordan will assemble, remain vague. Reading between the rhetorical lines, proponents appear to believe agencies of the national government have targeted, and perhaps are still targeting, right-of-center individuals and groups, possibly including individuals and right-wing militia groups that participated in the Jan. 6, 2021, insurrectionist attack on the Capitol.That is almost completely at odds with the purpose of the original Church committee, which was founded in response to widespread abuses by government intelligence agencies. While we sought to protect the constitutional rights and freedoms of American citizens, we were also bound to protect the integrity of the intelligence and security agencies, which were founded to protect those freedoms, too.Our committee brought U.S. intelligence agencies under congressional scrutiny to prevent the violation of the privacy rights of American citizens, and to halt covert operations abroad that violated our constitutional principles. Rather than strengthening the oversight of federal agencies, the new committee seems designed to prevent law enforcement and intelligence agencies from enforcing the law — specifically, laws against insurrectionist activity in our own democracy.It is one thing to intercept phone calls from people organizing a peaceful civil rights march and quite another to intercept phone calls from people organizing an assault on the Capitol to impede the certification of a national election.Rather than weaken our intelligence and law enforcement agencies, the Church committee sought to restore their original mandates and increase their focus away from partisan or political manipulation. Our committee was bipartisan, leaning neither right nor left, and the conservative senators, including the vice chair, John Tower, Barry Goldwater, Howard Baker and others, took pains to prevent liberal or progressive members, including chairman Church, Philip Hart, Walter Mondale and me, from weakening our national security.They needn’t have bothered. We all understood, including me, the youngest member, that attacks on federal law enforcement and national security would not go down well among our constituents. Unlike in the 1970s, today’s threat to domestic security is less from foreign sources and more from homeland groups seeking to replace the constitutional order with authoritarian practices that challenge historic institutions and democratic practices.Among a rather large number of reforms proposed by the Church committee were permanent congressional oversight committees for the intelligence community, an endorsement of the 1974 requirement that significant clandestine projects be approved by the president in a written “finding,” the notification of the chairs of the oversight committees of certain clandestine projects at the time they are undertaken and the elimination of assassination attempts against foreign leaders.Despite the concern of conservatives at the time, to my knowledge, no significant clandestine activity was compromised and no classified information leaked as a result of these reforms in the almost half-century since they were adopted. In fact, the oversight and notification requirements, by providing political cover, have operated as protection for the C.I.A.Evidence was provided of the effectiveness of these reforms in the so-called Iran-contra controversy in 1985-87. The Reagan administration sold arms to Iran and used the proceeds to finance covert operations in Nicaragua against its socialist government. Assigning accountability for this scheme proved difficult until a document authorizing it was located in the White House. President Reagan did not remember signing it; however, it bore his signature. This kind of accountability would not have been possible before our reforms were adopted.The rules of the Senate and the House establish what standing committees and what special committees each house may create. The House is clearly at liberty within those rules to create a committee to protect what it perceives to be an important element of its base. And if its purposes are ultimately to protect authoritarian interests, it is presumably free to do so and accept criticisms from the press and the public. It is outrageous to call it a new Church committee. Trying to disguise a highly partisan effort to legitimize undemocratic activities by cloaking it in the mantle of a successful bipartisan committee from decades ago is a mockery.Gary Hart is a former United States senator from Colorado and the author of, most recently, “The Republic of Conscience.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    For Trump, the Legal Shoes Finally Drop

    Nicole Craine for The New York TimesNext up, a special grand jury report in Fulton County, Ga. At issue is whether Trump or his allies broke Georgia laws trying to overturn the state’s 2020 results. Indictments would be up to the district attorney, Fani Willis, but the grand jury report, due within weeks, could recommend criminal prosecution. More

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    Reality Winner Tried to Resist and Found Herself Alone

    It was a big deal that Reality Winner’s probation officer let her travel from Texas to her sister’s house in North Carolina over Thanksgiving. She is, after all, a traitor, in the eyes of the law.Ms. Winner was arrested in 2017 for leaking to journalists a classified intelligence report on Russian hacks into U.S. election infrastructure and has been confined ever since — in a Georgia county jail, a federal prison, a halfway house and, most recently, in a probation so strict that she often feels strangled.Still, Ms. Winner viewed the trip with the wariness of an underdog conditioned to expect any small kindnesses to turn back against her.“It wasn’t my idea,” she said flatly by phone. “I preferred not to go.”Oh, and another thing, she said pointedly: She went during Thanksgiving but for her niece’s birthday.“I hate Thanksgiving,” she said. “I hate the food. I hate the vibe.”This side of Ms. Winner becomes familiar after a while: the cranky prison yard impulse to let everyone know just how much she doesn’t care and can’t be hurt. It poorly camouflages the battered idealist who, despite disillusionment and harsh punishment, appears bent on finding some way to make herself useful on a grand scale. She never had much money, education or connections, but in her own way, she has repeatedly tried to save the country — first as a military linguist guiding foreign drone attacks and later by warning the public that Donald Trump was lying to them about Russia.Both efforts went bad, though, which is why I think of Ms. Winner as a sorrowful casualty — not only of our poisoned political culture but also of a contemporary America replete with corruption and amoral bureaucracy. The harder she tried, it seems, the more her ideals soured into disgust.When I first spoke to Ms. Winner, in the summer of 2021, she was still fighting the drug habit she’d picked up behind bars and trying to tamp down the explosive aggression she’d used on the guards. On home confinement at her mother and stepfather’s ranch outside Corpus Christi, Texas, she held forth in meandering, disarmingly frank phone calls about the degradations of prison, the power of linguistics, a surreal childhood crossing back and forth into Mexico on pharmacy runs with her opioid-addicted father.All these months later, Ms. Winner is still on probation, but she’s grown more focused and stable. Most of her energies now are fixed on attracting clients to her CrossFit coaching practice. At 31, she is already a living relic of one of our nation’s most surreal political crises.She still isn’t allowed to talk about her military service or the contents of her leak, leaving me to puzzle over why a young woman who still guards the secrets of the terrorism wars would risk everything to expose a five-page National Security Agency file on efforts to hack voter registration systems.Ms. Winner mailed the report anonymously to The Intercept, where a reporter took the ill-advised step of giving a copy to the N.S.A. for verification. The authorities almost immediately zeroed in on her. She was charged under the Espionage Act, the same laws used to prosecute the Rosenbergs, Aldrich Ames and pretty much any other 20th-century spy you can name. The act has long been criticized for lumping together leaks motivated by public interest and, say, peddling nuclear secrets to a foreign government. Ms. Winner is considered a prime example of its downside.She pleaded guilty and was given 63 months in prison, the longest federal sentence ever for the unauthorized release of materials to the media. (The former C.I.A. director David Petraeus got off with probation and a fine for sharing eight notebooks full of highly classified information with his biographer, who was also his mistress.)Deemed a flight risk and denied bail, Ms. Winner languished for 16 months in a crammed Georgia county jail cell. While negotiating her plea deal with prosecutors, she said, she plotted suicide and fantasized about federal prison “like I was going away to an elite university — ‘Oh, look, they have a rec center, they have a track, they have a commissary, they sell makeup.’”All of that for nothing or, at least, for very little. Ms. Winner’s intervention hardly registered. She wanted to prove that the White House was lying: U.S. officials knew that Russia had attacked U.S. voting infrastructure just days before the 2016 election. But the revelation hardly scratched public awareness.“Reality Winner is a whistleblower because?” said Ben Wizner, the director of the American Civil Liberties Union’s Speech, Privacy and Technology Project. “How many people would give the same answer to that?”“You can’t imagine a more unlikely person to serve the longest-ever sentence under the Espionage Act” for leaking to the media, he added. “It’s perverse.”The hardest part, Ms. Winner said once, is not the punishment but “just knowing that you really didn’t change anything. Nobody cares.”“The people on the left who pretend to champion you. They really didn’t do anything for you,” she said. “The people in the center won’t say your name. And the people on the right still think you’re a terrorist.”Shane Lavalette for The New York TimesWhy did she do it? Ms. Winner bristled at this question. “Come on, you were there, too. You remember how it was. It was such a weird time,” she said.She’s right. I remember.It was Mr. Trump’s first year in the White House, and America was having a nervous breakdown all over the internet — MAGA fanatics in rapturous dreams of banning Muslims and building shark-infested moats along the border and, from others, fevered warnings of impending fascist takeover and Vladimir Putin as Mr. Trump’s puppet master. The thick suspicion that we were drifting toward something intolerable. The hyperbole of it all.Commentators suggested that the president could be a Russian asset; retired government servants openly urged their successors to insubordination; Mr. Trump described a “deep state” within the government working to undermine him. What does it mean, in such times, to be a traitor?Ms. Winner left the Air Force and started a desk job with an N.S.A. contractor in Augusta, Ga. She’d found her house online for just $500 a month and rented it sight unseen because it was close to her gym. The neighborhood proved rough; her dog cowered at gunfire outside. But she didn’t mind. She had her dog and a few guns, including a Glock and a pink AR-15. ( “Georgia has castle laws, so as long as you don’t shoot ’em in the back, you get off. So, duh.”)She practiced yoga and CrossFit and spent her days off wandering downtown, daydreaming about buying a derelict Woolworths and turning it into an ashram where people down on their luck could get a free meal. She had a Sunday morning ritual: chop vegetables to prepare her dinners for the week while talking on the phone with her mother.“It was getting more and more political because, like, we can’t help it,” Ms. Winner recalled.Mr. Trump was a constant theme. According to Ms. Winner’s mother, Billie Winner-Davis, her daughter was convinced that he would destroy the country. Ms. Winner told her mother she was glad she’d left the Air Force, because there was no way she could serve under him. When the United States bombed an air base in Syria, Ms. Winner told her mother it was “smoke and mirrors,” Ms. Winner-Davis recalled — Russia was given warning to evacuate the base, her daughter said.Ms. Winner watched Mr. Trump on TV scoffing at suggestions of Russian interference. “He’s lying,” she thought; she’d seen the proof. She recalled that the whole enterprise of government and war had started to seem rotten; she’d thought that she could make a difference working quietly within national security and, eventually, gaining enough authority to make better decisions. Now it felt pointless.“If there’s this jackass in the White House, apparently none of this matters,” she said recently, trying to describe her mind-set when she printed the report and dropped it in the mail. “It was the repeated lies.”For years, Ms. Winner had dreamed of distinguishing herself in a moment of heroism. “I always wanted to be a badass like Carrie from ‘Homeland,’” she said. “Somebody who got something done in counterintelligence or counterterrorism and I think — I don’t know — just kind of being that stand-alone figure.”There was a lot of talk about insurgency that year. Twitter was full of grandstanding and “I am Spartacus” declamations. But Ms. Winner slammed into a hard realization: Despite all the grumbling and proclaiming, the resistance, if it existed, did not rush to defend her.Ms. Winner talks a lot about social media, about its capacity to warp political life and set traps for people — including herself. She is haunted by the experience of watching news stories about politicians’ tweets from inside prison, where she had zero access to social media.Twitter didn’t give the prisoners protective gear during the pandemic. Facebook didn’t prevent inmates from losing family members to street violence. Nothing came of it, she realized, but cluttered minds and wasted time.“When you’re pulled away from it and you see all the energy put into it, it’ll break your heart,” Ms. Winner said. “Nobody is coming to save you, because they’re so busy with a tweet.”Shane Lavalette for The New York TimesIt is hard to understand how Ms. Winner evolved into an ideological insurgent, because she can’t talk freely about the days when she was a loyal service member. The state-imposed silence about the years she spent identifying drone targets and helping to assassinate people casts a fog of ambiguity over a complicated and perhaps even morally compromising part of her story.Everything we know about Ms. Winner’s war contributions comes from an Air Force Commendation Medal praising her for “enemy intelligence exploitation” and geolocating combatants. According to the medal, she aided in 650 captures and 600 kills.That’s a sobering body count for a young woman who, just a few years earlier, was teaching herself Arabic at the public library to better understand the faraway land that her country had invaded. As a teenager, Ms. Winner joined the military to learn more languages and because college looked like “somebody else’s moneymaking machine.” In the Air Force she learned Pashto, Dari and Farsi but ended up sequestered in a Maryland base eavesdropping on the other side of the planet.At times she expressed empathy for the people on the receiving end of the U.S. wars, fantasized about burning the White House down and even told her sister that she hated America. Those expressions of disgust, captured in online messages and private notes seized from Ms. Winner’s home, were eventually resurrected and patched together by prosecutors who seemed, Ms. Winner thought, to imply that she was a terrorist.Ms. Winner-Davis believes her daughter ended up leaking, at least in part, because she had been disillusioned by her military service. She recalled her daughter fretting over the reliability of the intelligence, telling her mother, “When you see somebody go poof on the screen, you’ve got to make sure it’s right.”“Through her work, she saw a lot of lies,” Ms. Winner-Davis said. “Reality saw another side of our country.”In the military and as an N.S.A. contractor, Ms. Winner vanished into the secrecy of federal institutions. It happened again when she went to prison. Each time, it seems, she emerged traumatized and depleted.Ms. Winner lived through both the pandemic and the racial tensions of 2020 in prison, where the social upheaval manifested in flares of violence and harsh recriminations. Covid meant draconian, monthslong quarantines and lockdowns in cells so tightly packed, she said, that inmates had to take turns standing up. As nerves frayed, guards began to randomly engage in collective punishment like tossing the cells and destroying people’s belongings.But it was the death of George Floyd that, to Ms. Winner, made prison life unbearable. Just hours after his murder hit the national consciousness, she said, she watched a white guard assault a Black inmate who’d made a rude comment.It was in those supercharged early days, stressed by increased hostility from prison staff members, Winner said, that she started getting high. Everyone, she said, had stores of psychiatric medications and other pills; you could combine them in different ways and crush and snort them to produce a buzz.“I was very, very aggressive” toward the guards, Ms. Winner said. “I’d just sit at the door punching the glass every time they walked by.”And so it was: a gradual disintegration in situation and morale until, at last, anticlimactically, Ms. Winner was released.Shane Lavalette for The New York TimesMs. Winner landed back where she started — at her mother’s place, saddled with an ankle monitor, dreaming of escape. She couldn’t bear to tell her mother how bad things had been in prison, but she couldn’t act normal, either. Her mother sensed that Ms. Winner had regressed to adolescence.“It definitely feels like there’s been some permanent damage,” Ms. Winner told me around that time. “Coming home and being in a stable environment and trying to have that control day to day — it hasn’t really fixed anything.”In those early weeks, Ms. Winner sought solace with a high school friend who, like her, had struggled with substance abuse and the law.“The scars were still healing from where I cut myself in quarantine,” she said. “He was the only person I could show those to and say, ‘Look, all I want to do is get high.’”In the confusion of those early weeks, she married her friend in secret — a decision that scandalized her disapproving mother and unraveled when the pair split up after just 44 days of marriage. Describing all of this, Ms. Winner suddenly laughed.“I’m obviously a 130 percent person,” she said. “Obviously.”She spent time with her family’s menagerie of four rescue dogs, three cats and a young horse. The Winner-Davis place has long operated as an informal refuge for rejected animals, giving Ms. Winner early lessons in the unforeseen complications of benevolence. She was a teenager when her pet kitten was killed by a pack of 15 dogs. Realizing their good intentions had mushroomed beyond control — and getting no help from the local animal shelter — the family ended up shooting some of the dogs they’d tried to save.Her childhood memories unfolded like tales from the forgotten margins of America, especially when it comes to her father, who bestowed on Ms. Winner her unforgettable name and lectured her at length about the importance of the traitor Judas to Christian theology. She called her father a “forever student”; she also described him as a junkie, gambler, possible draft dodger and would-be minister. His spine was shattered in a car accident before she was born, leading to years of excruciating surgeries and an unshakable dependence on painkillers.“OxyContin became his best friend, and of course nobody saw it as a vice,” Ms. Winner said. “But after that, he was never a competent person.” Eventually he split up with her mother and moved to Harlingen, Texas, near the U.S.-Mexico border.Still, he kept turning up to collect her and her older sister for allotted custody weekends. As they drove south along the coast, he’d hold forth on mystical and pseudoscientific topics. “Ninety minutes of ancient aliens, the Maya, the enigma of cultures, people coming from the sky,” Ms. Winner recalled.When their father won at cards, they’d take his winnings over the Rio Grande into Nuevo Progreso, Mexico, where he’d drop the girls at the orthodontist to have their braces checked while he sauntered from pharmacy to pharmacy, telling the clerks to keep the change so they’d leave his prescription unmarked. He’d redeem the same prescription at eight or nine shops.“He was a trafficker,” Ms. Winner said. “We learned everything. All the different checkpoints all the way up into Texas.”At first she loved the adventure of these trips, but as she got older, the shine began to wear off. Their father was getting sicker, surviving a few overdoses. Today these trips are the stuff of bad dreams.“I have nightmares about trying to get out of Harlingen, just the anxiety of needing to go home,” she said. “And realizing how many times he was probably high on pain pills and driving us.”Ms. Winner’s father didn’t live long enough to witness her moment of disastrous fame. Incapacitated from a series of heart attacks, he died in 2016. Like his daughter, he’d been radicalized by the Trump era — but in the opposite direction. He had become an ardent MAGA supporter, a development she attributes to incessant exposure to Fox News broadcasts in his nursing home.Relations between the unreliable father and the rest of the family had been strained for years. And yet at the end, Ms. Winner drew close to him.Watching him slip deeper into dementia, she realized that he could offer her a unique gift: He wasn’t lucid enough to repeat her secrets about the Air Force and the wars. So she unburdened herself into the closing door of a fading mind, this unfathomable father figure collapsed into moribund confessor.Back in Texas, Ms. Winner has narrowed her ambitions down to her local community. She said that she wants to do good things there, at home, where she can see them. She wants to coach, to use physical activity to fight addiction and give young people a chance to work through their stress.She’s got her scars — and maybe we do, too — but she’s ready to try, yet again, to turn all this into something good.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Does It Matter That Investigators Are Closing In on Trump?

    Gail Collins: Bret, which do you think is more of a threat to Trump’s political future, the classified document drama at Mar-a-Lago or the legal challenge to his businesses in New York?Bret Stephens: Gail, I suspect the most serious threats to Trump’s future, political or otherwise, are Big Macs and KFC buckets. Otherwise, I fear the various efforts to put the 45th president out of business or in prison make it considerably more likely that he’ll wind up in the White House as the 47th president. How about you?Gail: Sigh. You’re probably right but I’m still sorta hoping New York’s attorney general can hit him in the pocketbook. He’s super vulnerable when it comes to his shady finances — I’m even surprised he can find lawyers who have confidence they’ll keep being paid.Bret: No doubt the Trump Organization was run with the kind of fierce moral and financial rectitude you’d expect if Elizabeth Holmes had been put in charge of Enron. But the essential currency of Trumpism is drama, and what the New York and U.S. attorneys general have done is inject a whole lot more of it into Trump’s accounts.Gail: I don’t think the news that Letitia James accused him of fudging his financial statements will upset the base — they’ve always known this is a guy who responded to the World Trade Center terror attack by bragging that his tower was now the highest building in Lower Manhattan.Bret: A graceless building, by the way, far surpassed by the Chrysler Building, for those who care about architectural rivalries.Gail: Maybe I need to stop obsessing about this and take a look at the rest of the public world. Anything got your attention in particular?Bret: Am I allowed a rant?Gail: Bret, rants are … what we do.Bret: The investigation of Matt Gaetz, Republican of Florida, which looks like it’s about to fall apart, is an F.B.I. disgrace for the ages. It should force heads to roll. And Congress needs to appoint a Church-style committee or commission to reform the bureau. After the Ted Stevens fiasco, James Comey’s disastrous interventions with Hillary Clinton’s emails, and the bureau misrepresenting facts to the Foreign Intelligence Surveillance Court as part of its investigation of Trump and Russia, something dramatic has to change to save the F.B.I. from continuing to lose public trust.Gail: Are you upset by the investigation or the fact that the investigation is failing?Bret: I’m upset by a longstanding pattern of incompetence tinged by what feels like political bias. I don’t like Gaetz’s politics or persona any more than you do. But what we seem to have here is a high-profile politician being convicted in the court of public opinion of some of the most heinous behavior imaginable — trafficking a minor for sex — until the Justice Department realizes two years late that its case has fallen apart. We have a presumption of innocence in this country because we tend to err the most when we assume the worst about the people we like the least.Gail: Nothing nobler than ranting about a basic moral principle on behalf of a deeply unattractive victim.Bret: He’s the yang to Lauren Boebert’s yin. But no American deserves to be smeared this way.Gail: While we’re on the general subject of crime let’s talk bail reform. Specifically, New York’s new system, under which a judge basically lets out arrestees not accused of violent felonies. New info suggests this may be increasing crime. But I’m sticking with my support for the concept. Suspects who haven’t yet been tried shouldn’t get different treatment based on their ability to come up with bail.Your turn …Bret: New York’s bail reform laws are egregious because we’re now the only state that forbids judges from considering the potential danger of a given suspect. It leads to crazy outcomes, like the guy who tried to stab Representative Lee Zeldin at a campaign stop in July and was released hours later.Another problem is that too many cities effectively decriminalized misdemeanors like shoplifting and have given up prosecuting a lot of felonies, which tends to encourage an anything-goes mentality among the criminally minded. We really need a new approach to crime, of the kind that Joe Biden and Bill Clinton pushed back in the early 1990s, when the Democrats finally determined to be a law-and-order party again.Gail: Biden’s generally held to a middle course that doesn’t drive anybody totally crazy. That’s why he got elected, after all. How would you say he’s doing these days?Bret: I’m giving him full marks on supporting Ukraine. And I know Democrats have this whole “Dark Brandon” thing given Biden’s legislative victories, along with the chance that Democrats might hold the Senate thanks to bad Republican candidates. But I still don’t see things going well. Food prices keep going up-up-up and we’re heading for a bad-bad-bad recession.You?Gail: Going for Not At All Bad. Otherwise known as N.A.A.B.Bret: I’m approaching the point of T.O.T.W.I. T.: The Only Thing Worse Is Trump.Gail: You’re way off.Biden may not have mobilized Congress the way we hoped, but he’s gotten quite a bit done — from funding the ever-popular infrastructure programs to reducing health care costs for the working and middle classes to finally, finally giving the Internal Revenue Service some funds to do its work more efficiently.But he lost you after infrastructure, right?Bret: He’s governed so much further to the left than I would have liked. Change of subject: What governor’s races are you following?Gail: It’s always a lot harder to focus on other states’ governors than the senators but I gotta admit this year I’m hooked on …Well, let’s start with one we’re going to disagree about. I’m guessing there’s no way you could be rooting for Beto O’Rourke in Texas, right?Bret: Ah, no, except as a performance artist. When are Texas Democrats going to nominate a centrist who stands a modest chance of winning a statewide race?What about the New York race? I don’t suppose you could have warm feelings for Lee Zeldin, could you?Gail: Well, to get Zeldin as their gubernatorial nominee, New York Republicans passed up a bid by Rudy’s son Andrew Giuliani, so I’d definitely put Zeldin in the Could Be Worse category.Bret: Hochul’s main achievement to date has been to get taxpayers to put up $850 million for a new Bills stadium in Buffalo. That makes her perfect for Albany, which I don’t mean as a compliment.Gail: Yeah, her Buffalo obsession is pretty irritating. But about Texas — Abbott is one of those Make Everything Worse Republicans, who most recently made the headlines by shipping busloads of migrants to northern cities. A move that did nothing to solve anything, but did help expose what a jerk he is.Really, nothing Beto has ever done is that awful.Bret: That’s because Beto has never done anything.One Democrat I am excited about is Maryland’s Wes Moore, whom I know slightly and impresses me greatly. His book, “The Other Wes Moore,” will soon be required reading the way Barack Obama’s “Dreams From My Father” used to be. And, just to be clear, that’s me saying that Moore could one day be president.Who else?Gail: Your bipartisanship is making me feel guilty. But about the governors — one other guy who fills me with rancor is my ongoing obsession, Ron DeSantis of Florida, who’s terrible in all the ways Abbott is terrible but much worse since he’s already a serious presidential candidate.Bret: And an effective governor who knows how to drive liberals crazy and whose state is attracting thousands of exiles from New York, California and other poorly governed, highly taxed blue states.Gail: Sorry but having empty space to develop and few social services to support doesn’t make you effective, just well positioned.But go on ….Bret: Speaking of DeSantis, how do you think he’d fare in a theoretical matchup against California’s Gavin Newsom?Gail: Oh boy, that’s pretty theoretical. DeSantis worries me because his policies are terrible — cruel and terrible. But he’s an obsessive campaigner with a smart pitch.Have to admit I don’t have much of a feel for Newsom — in general it’s hard to be a national candidate if you’re running as a Democrat from a state that’s very liberal. Liberal for good and historic reasons, but hard to sell to folks in Kansas or North Carolina.Here’s another Republican governor I’ve been mulling — what about Brian Kemp in Georgia?Bret: I’m generally not a fan of Southern Republicans. But Kemp did stand his ground against three election deniers: David Perdue in 2022, Donald Trump in 2020 and Stacey Abrams in 2018.Gail: Kemp is one of those Republicans — like Mike Pence and Liz Cheney — who I admire for their principled stands while realizing I would never vote for them. His abortion position, for instance, is appalling. So he goes in my Honorable But Wrong list.We’re cruising toward the final stage of the Senate campaigns, too, Bret. Let me leave you with the thought that Arizona is looking great for my side and Ohio maybe conceivably possible.Bret: And who’da thunk I’d be rooting for Democrats in both races?Gail: Wow. To be continued.Bret: In the meantime, Gail, I recommend reading Richard Sandomir’s beautiful obituary for two Jewish sisters who survived the Holocaust and passed away a few weeks ago in Alabama, 11 days apart. It’s a nice reminder of how much we all have to live for — and to wish all of our readers, Jewish or otherwise, a good and sweet new year.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    ¿Cuáles son las seis investigaciones que enfrenta Trump?

    Sin el poder de la presidencia, el exmandatario enfrenta a una multitud de fiscales y abogados que lo investigan a él y a sus asociados.WASHINGTON — La oficina que el expresidente Donald Trump instaló en el segundo piso de su propiedad de Mar-a-Lago, en Florida, en parte es una réplica del Despacho Oval y también es un homenaje a su paso por la verdadera Casa Blanca.Durante una visita el año pasado, sobre la pared se veían seis de sus fotografías favoritas, incluidas aquellas donde aparece con la reina Isabel II y Kim Jong-un. También se podían ver algunas monedas de membresía, una placa conmemorativa de su muro fronterizo y un retrato del expresidente hecho con casquillos de bala, regalo de Jair Bolsonaro, a quien llaman el Trump de Brasil.Esa oficina se ha convertido en la fortaleza de Trump en el exilio y en su sala de guerra, el cuartel general del extenso conflicto con las investigaciones que ha llegado a consumir la etapa posterior a su presidencia. Se trata de una guerra en varios frentes, con campos de batalla en Nueva York, Georgia y la capital del país, con una lista cambiante de abogados y una ventisca de acusaciones de irregularidades que son difíciles de seguir.Nunca antes un expresidente se había enfrentado a un conjunto de investigaciones federales, estatales y del Congreso tan amplio como el de Trump, quizá son las consecuencias de una carrera empresarial y, al final, política que ha vivido al límite o tal vez por encima de cualquier límite. Ya sea en relación con sus prácticas empresariales engañosas, sus esfuerzos por anular unas elecciones democráticas o su negativa a entregar documentos gubernamentales confidenciales que no le pertenecían, los diversos problemas jurídicos de Trump se derivan de la misma sensación de que las normas que los demás deben cumplir no aplican para él.El relato de cómo llegó a este punto es único en la historia y bastante predecible. Desde hace medio siglo, Trump ha evadido investigaciones y problemas legales, desde que el Departamento de Justicia demandó a su empresa familiar por discriminación racial y a través de las innumerables investigaciones que le siguieron a lo largo de los años. Cuenta con un notable historial de esquivar los peores resultados, pero es posible que ahora esté enfrentando tantas investigaciones que la salida sea incierta.Su visión del sistema legal siempre ha sido transaccional: es un arma para ser utilizada, ya sea por él o en su contra, y rara vez se ha sentido intimidado por las citaciones y declaraciones juradas que conmocionarían a cualquier persona menos acostumbrada a los litigios. En el aspecto civil, ha estado involucrado en miles de juicios con socios comerciales, proveedores y otros, muchos de los cuales lo demandaron porque se negó a pagar sus cuentas.Mientras era presidente, una vez explicó su visión del sistema legal a algunos colaboradores, diciendo que acudiría a los tribunales para intimidar a los adversarios porque solo amenazar con demandar no era suficiente.“Cuando amenazas con demandar, no hacen nada”, le dijo Trump a sus asistentes. “Dicen: ‘¡Psshh!’. Y siguen haciendo lo que quieren”, afirmó mientras agitaba su mano en el aire. “Pero, cuando los demandas, dicen: ‘¡Oooh!’, y se conforman. Es tan fácil como eso”, dijo con una mueca.Cuando, siendo presidente, comenzó a perder batallas jurídicas con regularidad arremetió contra el sistema de justicia. En un momento dado, cuando el Tribunal de Apelaciones del 9º Circuito, un tribunal liberal por tradición con sede en California, falló en contra de una de sus políticas, exigió a sus asesores que se deshicieran del tribunal. “Cancelémoslo”, dijo, como si se tratara de un acto de campaña y no de un sistema judicial establecido por ley. Si para ello es necesario redactar una legislación, que se haga un proyecto de ley para “deshacernos” de los jueces, dijo, utilizando un improperio.Pero sus asistentes lo ignoraron y ahora que no tiene el poder de la presidencia debe enfrentarse a una serie de fiscales y abogados que lo tienen a él, y a sus socios, en la mira. Algunas de las cuestiones son añejas, pero muchas de las semillas de su actual peligro jurídico se plantaron en los frenéticos últimos días que pasó en el cargo, cuando trató de anular la voluntad de los electores y aferrarse al poder mediante una serie de mentiras sobre un fraude electoral inexistente.Es bastante comprensible que muchos estadounidenses hayan perdido el hilo de todas las investigaciones en medio del torbellino de mociones, audiencias y sentencias de las últimas semanas. Pero, en esencia, son estas.Estado de Nueva YorkMucho antes de llegar a la presidencia, se puede decir que Trump, en muchos sentidos, se tomaba a la ligera sus negocios. La pregunta es si violó la ley de alguna manera. Durante años, según sus propios socios, infló el valor de varias propiedades para obtener préstamos.Durante más de tres años, Letitia James, la fiscala general del estado de Nueva York, ha analizado sus prácticas comerciales para determinar si constituyeron fraude. Cuando citó a Trump para que testificara, él invocó más de 400 veces el derecho que otorga la Quinta Enmienda para no responder preguntas con base en que sus respuestas podrían incriminarlo.Trump ha atacado a James con el argumento de que es una demócrata partidista que lo persigue por motivos políticos. Durante su candidatura de 2018, ella criticó a Trump sin rodeos, dijo que era un “presidente ilegítimo” y sugirió que los gobiernos extranjeros canalizaron dinero a las propiedades inmobiliarias de su familia, lo que caracterizó como un “patrón y práctica de lavado de dinero”.Hace poco, los abogados de Trump trataron de llegar a un acuerdo en el caso, lo que podría indicar la preocupación que sienten por su riesgo jurídico, pero James rechazó su oferta. Debido a que su investigación es civil, y no penal, ella tendría que decidir si sus hallazgos justifican una demanda en la que se acuse de fraude al expresidente.ManhattanLa fiscalía de distrito de Manhattan, ahora a cargo de Alvin L. Bragg, se ha ocupado de algunos de esos asuntos como parte de una investigación penal y está a punto de llevar a juicio a partir del 24 de octubre a la Organización Trump, la empresa familiar del expresidente, por cargos de fraude y evasión fiscal.Allen H. Weisselberg, el director de finanzas de toda la vida de la Organización Trump, se declaró culpable de 15 delitos graves y admitió que se asoció ilegalmente con la empresa para implementar un plan con la finalidad de evadir impuestos sobre lujosas prebendas. Como parte de su acuerdo de culpabilidad, Weisselberg está obligado a testificar en el próximo juicio. Pero Trump no es acusado en ese juicio y Weisselberg se negó a cooperar con la investigación más extensa.Allen Weisselberg, quien durante mucho tiempo fue el director financiero de la Organización Trump, se declaró culpable de 15 delitos graves relacionados con su trabajo en la empresa.Jefferson Siegel para The New York TimesPero después de que Bragg asumió el cargo en enero, le dijo al equipo que trabajaba en la investigación que estaba escéptico ante la posibilidad de que tuvieran pruebas suficientes para condenar al propio Trump. Eso hizo que los dos fiscales que dirigían la investigación renunciaran, y uno dijo en su carta de renuncia que el expresidente era “culpable de numerosos delitos graves” y que era “una grave falta de justicia” no hacerlo responsable.GeorgiaEl 2 de enero de 2021, Trump se puso en un posible riesgo jurídico en el estado de Georgia cuando llamó a Brad Raffensperger, el secretario de Estado, y le exigió “encontrar 11.780 votos”, los suficientes para cambiar el resultado y arrebatarle el estado a Joe Biden. Durante la llamada, Trump le advirtió a Raffensperger, quien es republicano, que enfrentaba un “gran riesgo” si no lograba encontrar esos votos, una amenaza implícita que el georgiano desafió.Los aliados de Trump también intentaron presionar a los funcionarios estatales para que cambiaran los resultados y, como hicieron en otros estados clave que ganó su opositor, trataron de armar una lista de electores falsos para enviarlos a Washington para que votaran en el Colegio Electoral a favor del presidente derrotado en lugar de Biden, que ganó el voto popular en Georgia.Fani T. Willis, la fiscala de distrito del condado de Fulton, inició una amplia investigación y presionó para obtener la declaración del senador republicano de Carolina del Sur Lindsey Graham e informó a Rudy Giuliani, el abogado del expresidente, que también es parte de su investigación.Willis parece estar construyendo un posible caso de asociación delictiva para cometer fraude electoral o chantaje mediante un esfuerzo coordinado para socavar las elecciones. Además de Giuliani, se ha informado a múltiples aliados del expresidente que también se les investiga, incluido el presidente del partido estatal y los miembros de la lista de electores falsos.Trump ha subestimado a Willis, una demócrata que fue elegida en la misma votación de 2020 en la que él perdió, diciendo que su investigación es, en palabras de un portavoz el año pasado, “simplemente el último intento de los demócratas para sumar puntos políticos al continuar con su cacería de brujas contra el presidente Trump”.CongresoLa Comisión de la Cámara de Representantes que investiga el ataque al Capitolio del 6 de enero de 2021, compuesta por siete demócratas y dos republicanos, ha hecho más por exponer un posible caso penal contra Trump en el espacio público que cualquiera de las personas que investigan al expresidente.En su serie de audiencias celebradas a lo largo del verano, que podrían reanudarse el 28 de septiembre, los asesores de Trump rindieron testimonio e indicaron que se le informó en varias ocasiones que las elecciones de 2020 no habían sido robadas, que lo que estaba diciendo a la opinión pública no era cierto, que no había fundamentos para impugnar el resultado e incluso que la multitud que convocó el 6 de enero incluía a algunas personas armadas.La comisión documentó los amplios esfuerzos de Trump para aferrarse al poder: cómo presionó no solo a Raffensperger, sino a funcionarios en varios estados para que cambiaran los resultados, cómo contempló declarar la ley marcial y apoderarse de máquinas electorales, cómo trató de obligar al Departamento de Justicia para que interviniera aun cuando se le dijo que no había motivos, cómo conspiró con aliados del Congreso para llevar electores falsos a la votación del Colegio Electoral y en última instancia cómo trató de obligar a su propio vicepresidente a bloquear la victoria de Biden.La comisión no tiene facultades para iniciar un proceso judicial, pero acudió a los tribunales para hacer cumplir citatorios para testificar e hizo que el Departamento de Justicia emitiera cargos por desacato al Congreso en contra de Steve Bannon y Peter Navarro, dos exaliados de Trump. Bannon fue condenado y espera su sentencia; Navarro solicitó al tribunal que desestimara su caso.Sin embargo, aunque los legisladores no pueden acusar a Trump, están debatiendo si deben recomendar al Departamento de Justicia que lo haga. Eso tiene poco significado sustantivo, pero incrementaría la importancia del fiscal general Merrick Garland.Fani T. Willis, la fiscala de distrito del condado de Fulton, ha hecho una amplia investigación.Nicole Craine para The New York TimesStephen Bannon, exasesor de Trump, fue declarado culpable de desacato al Congreso.Jefferson Siegel para The New York TimesEl 6 de eneroEn muchos sentidos, Garland sigue siendo el mayor misterio a medida que Trump busca obstaculizar a los investigadores. Garland, un exfiscal y juez de apelación ecuánime y bastante respetado, no ha dicho mucho para dar pistas, pero es evidente que su departamento está siguiendo múltiples líneas en su investigación sobre lo que ocurrió antes del 6 de enero y ese día.El departamento ha entrevistado o llevado ante un gran jurado a exasistentes de la Casa Blanca, como Pat A. Cipollone y Marc Short; también incautó los teléfonos o dispositivos electrónicos de aliados de Trump como John Eastman, Jeffrey Clark y Mike Lindell y hasta de un miembro del Congreso y en fechas recientes envió cerca de 40 citatorios a exasesores de la Casa Blanca, entre los cuales se encuentran Stephen Miller y Dan Scavino, además de otros personajes cercanos al expresidente.Tras pasar buena parte de los últimos 18 meses procesando a cientos de seguidores de Trump que ingresaron por la fuerza al Capitolio, parece que el equipo de Garland está analizando varios ángulos, incluido el plan de los electores falsos, la operación de recaudación de fondos de Trump mientras promovía afirmaciones falsas sobre el fraude electoral y la intervención del presidente mismo para tratar de anular las elecciones.Lo que no está claro es si Garland ya tiene una teoría del caso. Si bien las citaciones indicaban que los investigadores estaban analizando, entre otras cosas, los intentos de “obstruir, influir, impedir o retrasar” la certificación de las elecciones presidenciales, el departamento aún tiene que acusar a las personas cercanas a Trump y, por lo tanto, no ha presentado ninguna conclusión legal sobre las acciones tomadas por su oficina.Una persona que aún no sabe si será citada es el mismo Trump, pero sigue siendo una posibilidad. Con el fin de prepararse para el día en que los investigadores se presenten en su puerta, Trump ha estado buscando abogados que lo representen, ya que muchos de sus abogados anteriores ya no quieren involucrarse con él o tienen que enfrentar sus propios problemas legales.Los documentos clasificadosComo si Trump ya no estuviese expuesto a suficientes problemas jurídicos por los sucesos acaecidos durante sus últimos días en el cargo, al irse de la Casa Blanca tomó decisiones que también le han causado problemas.La última amenaza para el expresidente se deriva de su insistencia en llevarse a casa miles de documentos propiedad del gobierno, incluidos cientos que están marcados con varias designaciones de clasificado, además no los devolvió todos cuando se lo pidieron.El equipo de Garland ha indicado en documentos judiciales que no solo está analizando los cargos penales relacionados con el mal manejo de documentos clasificados, sino, además, la obstrucción de la justicia. Un abogado de Trump firmó un documento que afirmaba que su cliente había devuelto todos los documentos clasificados en su poder, lo cual se comprobó que era falso cuando los agentes del FBI allanaron Mar-a-Lago y encontraron cajas de esos documentos. Los investigadores indicaron que los archivos tal vez fueron escondidos y los cambiaron de ubicación en vez de entregarlos.En el caso de los documentos, la estrategia jurídica de Trump se parece al método que ha empleado a lo largo de los años: encontrar maneras de retrasar y despistar a sus adversarios. Al convencer a una jueza federal, a la que confirmó en el puesto durante los últimos días de su presidencia, para que impidiera que los investigadores usaran los documentos recuperados mientras los analiza un inspector especial, les ató las manos a los fiscales por el momento.Pero eso puede no durar para siempre. La semana pasada dijo que “no me puedo imaginar ser acusado”, pero admitió que “siempre es una posibilidad” porque los fiscales están “simplemente enfermos y trastornados”. Y afirmó que desclasificó los papeles que tomó, aunque no hay registro de eso.Pero su estrategia real es clara: esta es una batalla tanto política como legal, y advirtió sombríamente que habría “grandes problemas” si lo acusaban porque sus partidarios, “simplemente no lo soportarían”.Cuando el locutor de radio Hugh Hewitt le dijo que sus críticos interpretarían eso como incitar a la violencia, Trump dijo: “Eso no es incitar. Solo digo mi opinión. No creo que la gente de este país lo toleraría”.Peter Baker es el corresponsal jefe de la Casa Blanca y ha cubierto a los últimos cinco presidentes para el Times y The Washington Post. Es autor de siete libros, el más reciente The Divider: Trump in the White House, 2017-2021, coescrito con Susan Glasser, que se publicará en septiembre. @peterbakernyt • Facebook More