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      Should Merrick Garland Reveal More About the Mar-a-Lago Search?

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      More from our inbox:Democrats’ TacticsThe Robot TherapistFamily PlanningFormer President Donald J. Trump could oppose the motion to release the warrant and inventory of items taken from his home, and some of his aides were said to be leaning toward doing so.Emil Lippe for The New York TimesTo the Editor:Re “Attorney General Stays Quiet, as Critics Raise the Volume” (news article, Aug. 10):The Justice Department really needs to explain to the American people why the F.B.I. searched former President Donald Trump’s home, given the precedent-shattering nature of what happened. It should do so for three reasons.First, given that such an act has never occurred before in American history, the public deserves to know why a former president was sufficiently suspect that the F.B.I. felt it had no choice but to conduct a search of his living quarters.Second, the silence will be interpreted and misinterpreted on the basis of partisan biases. Already right-wing leaders have deemed this an act of war, while liberals perceive it as justified, given the president’s predilection to illegally hold onto classified materials. To correct misperceptions, the D.O.J. needs to explain its rationale.Third, there is precedent for this. In 2016, James Comey, then the F.B.I. director, sent a letter to Congress to explain why the bureau was investigating Anthony Weiner’s email messages, which bore on Hillary Clinton’s presidential campaign.If a Justice Department official went public in a case like that, surely it should offer an explanation for a case this precedent-breaking and important.Richard M. PerloffClevelandThe writer is a professor of communication and political science at Cleveland State University.To the Editor:Like many other Americans, I’m curious to know more about the Justice Department’s investigation of Donald Trump. But I think Attorney General Merrick Garland is right to keep silent about the details at this point. Mr. Khardori cites “exceptions” to the prosecutorial rule about not commenting on ongoing investigations, but none of them apply particularly well here.We already know what it’s appropriate for us to know at this point, such as that the search of Mar-a-Lago had to have happened only after a federal judge agreed that evidence of a serious crime was likely to be found there.In due time, I suspect, we’ll know a lot more. For now, let’s be patient and let the Justice Department do its job. The list of reasons for it to avoid public comment at this stage is longer than the list of reasons for it to do the opposite.Jeff BurgerRidgewood, N.J.To the Editor:“He Wielded a Sword. Now He Claims a Shield” (news analysis, front page, Aug. 11) certainly gets it right when it notes that the current outrage of the former president and his supporters over the F.B.I.’s execution of a search warrant at his Mar-a-Lago estate brings up echoes of his past behavior.After all, for Donald Trump, if he loses an election, someone else rigged it.If the U.S. Capitol is attacked, someone else incited it.Taking the Fifth Amendment is bad, as long as someone else does it.And, now, if the F.B.I. finds incriminating evidence at Mar-a-Lago, someone else planted it.So, as Donald Trump sees it, life is simply never, ever having to say you’re sorry.Chuck CutoloWestbury, N.Y.To the Editor:Representative Kevin McCarthy has said that should the Republicans take over the House in January, the Democrats should be prepared for a slew of investigations of just about everything and everyone including Hunter Biden (does anyone care?), Attorney General Merrick Garland and, most recently, the F.B.I.Such a threat is understandable, and Mr. Garland and the Democrats should be prepared to, quoting Mr. McCarthy, “preserve your documents and clear your calendar.”They should also be prepared to ignore invitations to testify, ignore subpoenas, claim victimhood, scream harassment, and overall thank the current cohort of Republicans for having created the template for avoidance, misdirection and dishonesty that have made a travesty of justice.David I. SommersKensington, Md.To the Editor:Donald Trump himself could not have better timed the raid on Mar-a-Lago. The Senate just passed a historic bill to save the environment, reduce inflation and get the wealthy to pay their fair share of taxes. And all we hear about is … Donald Trump.Let’s hear about the good that the Biden administration is doing. That is the news the country needs to focus on. Let’s stop giving Donald Trump the spotlight.Laurel DurstChilmark, Mass.Democrats’ Tactics Ben KotheTo the Editor:Re “Why Are Democrats Helping the Far Right?,” by Brian Beutler (Sunday Opinion, July 24):I am not as sanguine as Mr. Beutler that all will be well if Democrats fight “from the high grounds of truth, ethics and fair play.” As the old saw says, “All politics is local.”Many issues facing voters such as inflation, Covid policies, abortion and gun control are largely out of direct control of the president, but false or misdirected blame will resonate locally when tagged to the Democrats or President Biden.Sadly, I don’t trust the electorate in general to recognize abstract ideas about threats to democracy and mortal dangers to our nation, when a costly gallon of gas is made out to be the Democrats’ fault. I hope I’m wrong.Gene ResnickNew YorkThe Robot TherapistDesdemona, a robot who performs in a band (but is probably not aware of that fact).Ian Allen for The New York TimesTo the Editor:Re “A.I. Does Not Have Thoughts, No Matter What You Think” (Sunday Business, Aug. 7):In the mid-1980s, my daughters and I loved talking with the therapy chatbot Eliza on our Commodore 64. She often seemed to respond with understanding and compassion, and at times she got it hilariously wrong.We knew that Eliza was not a therapist, or even a human, but I see now that “she” was programmed to do something many humans have not mastered: to actively listen and reflect on what she heard so that the human in the conversation could dig deep and find his or her own answers. In the healing circles I’ve facilitated for women, we call that holding space.We would all do well to learn Eliza’s simple skills.This blackout poem that I created from the accompanying article, “A Conversation With Eliza,” encapsulates the process of digging deep, whether with a chatbot or a human:“Eliza”I thinkI am depressed.I needmy mother.Mary SchanuelWentzville, Mo.Family Planning Lauren DeCicca for The New York TimesTo the Editor:Re “Promoting Condom Use in Thailand With Spectacle and Humor” (The Saturday Profile, Aug. 6):Many thanks for your piece about Mechai Viravaidya, Thailand’s “Captain Condom.” Mr. Mechai saw that there was an urgent population growth problem in Thailand, causing suffering for people and harm to the environment, and set about to solve it with humor, creativity and persistence.His vision of voluntary, free family planning as a powerful tool to advance gender equity, protect the environment and improve human well-being is one that we at Population Balance wish more world leaders would embrace. We hope that his story will inspire others to make family planning accessible and affordable to all, and to embrace condoms as a ticket to love with responsibility, freedom and joy.Kirsten StadeSilver Spring, Md.The writer is communications manager for Population Balance. More

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      Two Trump Scenarios

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      What should you make of the F.B.I.’s search of Donald Trump’s home? We offer a guide.Perhaps the central question about the F.B.I.’s search of Donald Trump’s Florida home is whether it is a relatively narrow attempt to recover classified documents — or much more than that.Either scenario is plausible at this point. The Justice Department has long been aggressive about investigating former officials whom it suspects of improperly handling classified material, including Hillary Clinton and David Petraeus. If the F.B.I. search merely leads to a legalistic debate about what’s classified, it probably will not damage Trump’s political future.But it also seems possible that the search is a sign of a major new legal problem for him. People familiar with the search told The Times that it was not related to the Justice Department’s investigation into the Jan. 6 attack and Trump’s role in it. And it’s unlikely that Merrick Garland, the attorney general, would have allowed the search-warrant request — or that a federal judge would have approved it, as was required — unless it involved something important.“I don’t think you get a judge to sign off on a search warrant for an ex-president’s house lightly,” Charlie Savage, a Times reporter who has been covering legal issues since the George W. Bush administration, said. “I think the world looks pretty different today than it did 48 hours ago.” (It’s even possible that Trump could be prosecuted over classified documents alone, although that might not keep him from holding office again.)Support for Trump outside Mar-a-Lago yesterday.Saul Martinez for The New York TimesAs Charlie emphasizes, there is still much more that’s unknown about the search than known. That probably won’t change until the Justice Department gets much closer to making a decision about how to conclude its investigation. “A central tenet of the way in which the Justice Department investigates and a central tenet of the rule of law is that we do not do our investigations in public,” Garland recently said.But at least two big points seem clear. First, even though Garland has said that nobody is above the law, the Justice Department will not treat Trump like any other citizen. The bar for filing criminal charges against him will be higher, given that he is a former president who may run again — against the current president.“The considerations when you’re talking about a political leader are certainly different and harder,” Andrew Goldstein, a former federal prosecutor who investigated Trump’s ties to Russia, recently told The Times. “You have the very clear and important rule that the Department of Justice should try in every way possible not to interfere with elections, to not take steps using the criminal process that could end up affecting the political process.”Still, some legal experts who previously criticized Garland for moving too timidly in investigating Trump said they were encouraged by the Justice Department’s recent signs of boldness, including the Mar-a-Lago search. Andrew Weissmann, another former prosecutor who previously investigated Trump, is one of those experts (as he explained in this New Yorker interview). Quinta Jurecic, a senior editor at Lawfare, is another. “At what point does not investigating and not prosecuting a former president itself indicate that the rule of law is being undermined because it sends a signal that this person is above the law?” Jurecic told us.She added: “That doesn’t mean that this is going to translate to an indictment of the president.”The second point is that Trump appears to be a subject of multiple criminal investigations — and prosecutors may decide that his violations of the law were so significant as to deserve prosecution. One of those investigations is by state prosecutors in Georgia, who may not be as cautious about charging a former president as Garland seems likely to be.Either way, the answer will probably become clear well before November 2024. Prosecutors — especially at the Justice Department — generally try to avoid making announcements about investigations into political candidates during a campaign. (James Comey’s decision to ignore that tradition and announce he had reopened an investigation into Clinton late in the 2016 campaign was a notable exception, and many experts believe he erred in doing so.)The rest of today’s newsletter summarizes the latest Times reporting about the F.B.I. search of Mar-a-Lago — and also gives you a quick overview of the multiple investigations Trump is facing.The latestBefore the raid, Justice Department officials had grown concerned that Trump had kept some documents, despite returning others.If convicted, could Trump be barred from holding office? A relevant law is untested.The Justice Department did not give the White House advance notice of the search, President Biden’s press secretary said.Representative Scott Perry, a Pennsylvania Republican who pushed to overturn Trump’s loss, said the F.B.I. had seized his cellphone.The Trump investigationsProsecutors in Georgia are investigating efforts by Trump and his allies to overturn his 2020 election loss there, including a phone call in which Trump asked an election official to “find” additional votes. The Times’s Annie Karni explains the possible charges.The Justice Department is also questioning witnesses before a grand jury about Trump’s efforts to reverse his election loss. And federal prosecutors are examining his allies’ plan to submit fake electors from key states to disrupt certification of Biden’s win.Trump faces a few other investigations, some of which could result in civil but not criminal penalties. The main exception is a criminal inquiry into his business by the Manhattan district attorney, but that seems to have unraveled.Trump will face questioning under oath today by the New York attorney general’s office, which is investigating his business practices.THE LATEST NEWSPrimary NightTim Michels at his election party.Jamie Kelter Davis for The New York TimesTim Michels, a Trump-endorsed construction magnate, will face Gov. Tony Evers in Wisconsin in November. The race will determine voting and abortion access.Minnesota Republicans nominated a 2020 election skeptic for secretary of state.Jaime Herrera Beutler, a Washington Republican who voted to impeach Trump over Jan. 6, conceded her primary.Representative Ilhan Omar survived a primary challenge from a more moderate Minnesota Democrat.War in UkraineSmoke near a Russian air base in Crimea.ReutersExplosions at a Russian air base in Crimea were evidently the result of a Ukrainian strike. Ukraine has rarely hit so deep in Russian-occupied territory.Russia controls large sections of eastern and southern Ukraine. It also occupies some of the cyberspace.Serena WilliamsSerena Williams at the 2018 U.S. Open.Karsten Moran for The New York TimesSerena Williams, 40, plans to retire from tennis after this year’s U.S. Open.In Vogue, Williams explained that she was retiring in part to grow her family. “If I were a guy, I wouldn’t be writing this.”Williams has 23 Grand Slam titles — one short of the record. She’s still the sport’s most dominant figure.Williams helped redefine how to be a superstar athlete.Other Big StoriesThe police in Albuquerque detained a suspect in the recent killings of four Muslim men.The U.N. agency for sustainable development has joined with oil companies, pushing drilling sites in poor countries over residents’ objections.Iran is weighing what the European Union calls its “final” offer to restore the 2015 nuclear deal.A grand jury in Mississippi declined to indict Carolyn Bryant Donham, 88, whose accusation led to the 1955 murder of Emmett Till.OpinionsFor Naomi Jackson, carrying cash is a safeguard against the dangers of being a Black woman.“Yellowstone” is a conservative fantasy that liberals should watch, Tressie McMillan Cottom writes.The Democrats’ climate bill is a profound accomplishment, Paul Krugman says.MORNING READSOlivia Newton-John in the “Physical” music video.Everett CollectionAn appraisal: Olivia Newton-John’s transformation “unlocked something new that shot her to the top of pop’s Olympus.”A preppy classic: Customized L.L. Bean tote bags have become blank canvases.A Times classic: Don’t let perfect be the enemy of good.Advice from Wirecutter: Swimsuit-washing tips.Lives Lived: Clients of Bert Fields, the entertainment lawyer and master dealmaker, included Tom Cruise, Madonna and the Beatles. Fields died at 93.SPORTS NEWS FROM THE ATHLETICRoger Goodell makes his case: Yesterday, the N.F.L. commissioner said the league appealed Cleveland Browns quarterback Deshaun Watson’s proposed six-game suspension because evidence clearly showed Watson engaged in “predatory behavior.” If the suspension lands closer to a full season, as Goodell prefers, there’s a case for Cleveland to bring in Jimmy Garoppolo.LIV golfers take an L: A judge upheld a ban for three PGA Tour defectors to LIV Golf who were seeking to compete in the FedEx Cup playoffs — which start today — in part, because they have been compensated so well by the rebel series. Whoops.Kevin Durant’s lack of leverage: The 33-year-old N.B.A. superstar might not have strong enough cards to force his way off the Brooklyn Nets in the wake of his latest demands. This is getting interesting.ARTS AND IDEAS The role of L.G.B.T.Q. museumsWhen putting together Queer Britain, England’s first L.G.B.T.Q. museum, organizers grappled with a question: Should they focus on celebrating history, aimed at a mainstream audience, or on reckoning with debates within the community?It’s a choice all L.G.B.T.Q. museums must make, Tom Faber writes in The Times. Berlin’s Schwules Museum, which opened in 1985, is overtly political; its latest exhibits address biases in the museum’s own history. Queer Britain has opted for a more mainstream approach, spotlighting artifacts from history — such as notes from the first parliamentary AIDS meeting — and notable Britons like Ian McKellen, Elton John and Virginia Woolf.PLAY, WATCH, EATWhat to CookRyan Liebe for The New York TimesFish sticks and green peas are childhood classics.What to ReadIn “Retail Gangster,” Gary Weiss explores the sketchy business practices of Eddie Antar.ComedyThe standup Jo Koy’s film “Easter Sunday” focuses on Filipino family themes dear to him.Now Time to PlayThe pangram from yesterday’s Spelling Bee was viaduct. Here is today’s puzzle.Here’s today’s Mini Crossword, and a clue: Hair braid (five letters).And here’s today’s Wordle. After, use our bot to get better.Thanks for spending part of your morning with The Times. See you tomorrow.P.S. “I let them talk”: Rick Rojas, a Times national correspondent, on how he covered the devastation of Kentucky’s floods.Here’s today’s front page.“The Daily” is about the F.B.I. search on Mar-a-Lago. On “The Argument,” state legislatures are remaking America.Claire Moses, Ian Prasad Philbrick, Tom Wright-Piersanti and Ashley Wu contributed to The Morning. You can reach the team at themorning@nytimes.com.Sign up here to get this newsletter in your inbox. More

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      The F.B.I. Search of Trump’s Home Has No Precedent. It’s a Risky Gamble.

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      The search of former President Donald J. Trump’s Mar-a-Lago estate is a high-risk gamble by the Justice Department, but Mr. Trump faces risks of his own.WASHINGTON — The fight between former President Donald J. Trump and the National Archives that burst into the open when F.B.I. agents searched Mr. Trump’s Palm Beach estate has no precedent in American presidential history.It was also a high-risk gamble by Attorney General Merrick B. Garland that the law enforcement operation at Mar-a-Lago, the former president’s sprawling home in Florida, will stand up to accusations that the Justice Department is pursuing a political vendetta against President Biden’s opponent in 2020 — and a likely rival in 2024.Mr. Trump’s demonization of the F.B.I. and the Justice Department during his four years in office, designed to undermine the legitimacy of the country’s law enforcement institutions even as they pursued charges against him, has made it even more difficult for Mr. Garland to investigate Mr. Trump without a backlash from the former president’s supporters.The decision to order Monday’s search put the Justice Department’s credibility on the line months before congressional elections this fall and as the country remains deeply polarized. For Mr. Garland, the pressure to justify the F.B.I.’s actions will be intense. And if the search for classified documents does not end up producing significant evidence of a crime, the event could be relegated by history to serve as another example of a move against Mr. Trump that backfired.Mr. Trump faces risks of his own in rushing to criticize Mr. Garland and the F.B.I., as he did during the search on Monday, when he called the operation “an assault that could only take place in broken, Third-World Countries.” Mr. Trump no longer has the protections provided by the presidency, and he would be far more vulnerable if he were found to have mishandled highly classified information that threatens the nation’s national security.A number of historians said that the search, though extraordinary, seemed appropriate for a president who flagrantly flouted the law, refuses to concede defeat and helped orchestrate an effort to overturn the 2020 election.“In an atmosphere like this, you have to assume that the attorney general did not do this casually,” said Michael Beschloss, a veteran presidential historian. “And therefore the criminal suspicions — we don’t know yet exactly what they are — they have to be fairly serious.”The search of Mar-a-Lago put the Justice Department’s credibility on the line months before congressional elections.Saul Martinez for The New York TimesIn Mr. Trump’s case, archivists at the National Archives discovered earlier this year that the former president had taken classified documents from the White House after his defeat, leading federal authorities to begin an investigation. They eventually sought a search warrant from a judge to determine what remained in the former president’s custody.Key details remain secret, including what the F.B.I. was looking for and why the authorities felt the need to conduct a surprise search after months of legal wrangling between the government and lawyers for Mr. Trump.The search happened as angry voices on the far-right fringe of American politics are talking about another Civil War, and as more mainstream Republicans are threatening retribution if they take power in Congress in the fall. Representative Kevin McCarthy of California, the Republican leader in the House, warned Mr. Garland to preserve documents and clear his calendar.“This puts our political culture on a kind of emergency alert mode,” said Douglas Brinkley, a presidential historian at Rice University. “It’s like turning over the apple cart of American politics.”Critics of Mr. Trump said it was no surprise that a president who shattered legal and procedural norms while he was in the Oval Office would now find himself at the center of a classified documents dispute. More

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      Shredded, Flushed or Removed: The Trump Papers

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      More from our inbox:Moving Toward a ‘Republican Autocracy’Why Does the Postal Service Have to Make a Profit?Protesters storming the Capitol on Jan. 6, 2021.Jason Andrew for The New York TimesTo the Editor:Re “Trump Call Logs From Jan. 6 Have Gaps, Panel Finds” (front page, Feb. 11):Shredded documents, records improperly taken to Mar-a-Lago, papers flushed down the toilet, plans to seize voting machines, and now gaps in the official Oval Office call record from Jan. 6. Does this sound like a former president who has done nothing improper or illegal? Hardly! They seem like an archetypal example of the “res ipsa loquitur” legal doctrine — “the thing speaks for itself.”I eagerly await the Jan. 6 committee’s final report. Unpacking more fully these facts and many more, a well-documented and clear story will be told. I suspect that at least some of the committee’s findings will be referred to the Justice Department for investigation.The only question is: Will Donald Trump once again escape legal accountability?Richard CherwitzAustin, TexasThe writer is professor emeritus at the Moody College of Communication, the University of Texas at Austin.To the Editor:Re “Trump Turns Documents Over to U.S. Archives” (news article, Feb. 8):You report that, at the end of his term in office, Donald Trump unlawfully removed 15 cartons of documents and other items from the White House. There has long been a federal statute that makes it illegal to remove papers or documents from a public office. The offense is punishable by up to three years in prison, and the person is “disqualified from holding any office under the United States.”I know this because, in 1970, I was prosecuted for this crime when I burglarized the Selective Service complex in Providence, R.I., and carried off a bit over 15 cartons of papers and documents to destroy later at my leisure. I held a news conference about the burglary. I was duly prosecuted, convicted and sentenced (and, I believe, was the only convicted felon in my graduating class at Harvard Law School).Donald Trump should also be prosecuted for this offense.Jerry ElmerProvidence, R.I.To the Editor:Re “Trump Is Said to Have Taken Possible Classified Material With Him” (news article, Feb. 10):Is the irony lost on anyone that one of the most critical events contributing to Donald Trump’s 2016 victory was Hillary Clinton’s supposed mishandling of classified emails and James Comey’s investigation? Can Donald Trump plead ignorance on his reported destruction or removal of documents, some of which may have been classified, from the White House after reveling in the Clinton email investigation?Let us hope that Republicans don’t deliver up yet another double-standard response to this even more egregious misconduct by Mr. Trump.Larry LobertGrosse Pointe Park, Mich.To the Editor:So wads of paper were stuffed down the White House toilets. Well, remember how hard it was to get toilet paper during the early days of the pandemic?Mary GarripoliLos AngelesMoving Toward a ‘Republican Autocracy’“They’re the two most important leaders in the Republican Party,” said one lobbyist.Samuel Corum for The New York TimesTo the Editor:Re “As Trump Re-emerges, His Base Shows Fractures” (front page, Feb. 1) and “How DeSantis Gamed the Media as He Rose” (news article, Feb. 1):Former President Donald Trump was the catalyst for transforming the Republican Party from a policy-based party to one now focused on replacing our pluralistic democracy with one-party authoritarianism. But while Mr. Trump may be the titular leader of the Republican Party, he is not the future. He will serve only as the figurehead for the future revolution.Others such as Gov. Ron DeSantis of Florida are the emerging leaders, and they are building a one-party autocratic government. For their vision of America look at how Mr. DeSantis successfully enacted voter suppression legislation, is proposing ballot police to intimidate voters, has signed legislation to suppress political demonstrations and has suppressed academic speech at a state university.The Trump Republicans have a national vision of taking the House and the Senate in 2022, and the presidency in 2024. When that is accomplished all three branches of government will effectively be in Trump Republican autocratic control, and the American experiment in constitutional democracy will be brought to an end.Michael AbelsDeLand, Fla.To the Editor:I can’t believe people still don’t get it. Or if they do, they can’t admit it. The G.O.P. and Donald Trump are one and the same. Reporters try to prod Republican politicians to refute Mr. Trump’s latest madman rant. It won’t happen. Not because they are “afraid” of the base. Because the Republican Party started this coup years ago, before Mr. Trump was elected in 2016.The Republicans are not interested in democracy or this country’s promised ideals. They are interested in total control, a permanent Republican autocracy, power and wealth. And if they have to get in bed with a vengeful, hate-filled wannabe king to bring their coup to a successful conclusion, so be it.They got oh so close. They won’t stop now. Take off the blinders, shake off the wishful thinking. They’re feeding the divisions; they’re dismantling our democratic institutions.Olivia KoppellBrookline, Mass.Why Does the Postal Service Have to Make a Profit?  Desiree Rios for The New York TimesTo the Editor:Re “Lawmakers Vote to Avert Postal Insolvency” (news article, Feb. 9):You write, “Despite being a popular mainstay of American life, the Postal Service regularly fails to turn a profit, with 2020 marking the 14th consecutive year it incurred a net annual loss.”The police, the firefighters, the Army and the Navy all fail to turn a profit. These are responsibilities we expect our government to fulfill regardless of cost.Holding the Postal Service to a standard of profitability is unreasonable and plays into the hands of those who want to eliminate it for private gain.Tamar SingerNew York More

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      Archives Found Possible Classified Material in Boxes Returned by Trump

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      The National Archives consulted with the Justice Department about the discovery after the former president sent back documents that he had improperly taken from the White House when he left office.The National Archives and Records Administration discovered what it believed was classified information in documents Donald J. Trump had taken with him from the White House as he left office, according to a person briefed on the matter.The discovery, which occurred after Mr. Trump returned 15 boxes of documents to the government last month, prompted the National Archives to reach out to the Justice Department for guidance, the person said. The department told the National Archives to have its inspector general examine the matter, the person said.It is unclear what the inspector general has done since then, in particular, whether the inspector general has referred the matter to the Justice Department.An inspector general is required to alert the Justice Department to the discovery of any classified materials that were found outside authorized government channels.Making a referral to the Justice Department would put senior officials in the position of having to decide whether to open an investigation, a scenario that would thrust the department into a highly contentious political matter.The Washington Post reported on Wednesday that the National Archives had asked the Justice Department to examine Mr. Trump’s handling of White House records.Officials with the National Archives did not respond to messages seeking comment.In January, after a lengthy back and forth between Mr. Trump’s lawyers and the National Archives, Mr. Trump handed over more than a dozen boxes of materials, including documents, mementos, gifts and letters. Among the documents were the original versions of a letter that former President Barack Obama had left for Mr. Trump when he was first sworn in, and letters written to Mr. Trump by the North Korean leader, Kim Jong-un.Also included in the boxes was a map Mr. Trump famously drew on with a black Sharpie to demonstrate the track of Hurricane Dorian heading toward Alabama in 2019 to back up a declaration he had made on Twitter that contradicted weather forecasts.Mr. Trump in the Oval Office in September 2019. The map of a storm appears to have been altered with a marker to show Hurricane Dorian headed for Alabama.Erin Schaff/The New York TimesThe boxes had originally been sent to Mar-a-Lago from the White House residence, where a range of items — including clothes — were hastily packed up in Mr. Trump’s final days in office. Legally, Mr. Trump was required to leave the documents, letters and gifts in the custody of the federal government so the National Archives could store them.After the F.B.I., during the 2016 presidential campaign, investigated Hillary Clinton’s handling of classified material while she was secretary of state, Mr. Trump assailed her, helping make the issue pivotal in the outcome of that race. In that case, the intelligence community’s inspector general had made a national security referral to the F.B.I., prompting the investigation of Mrs. Clinton.But during Mr. Trump’s administration, top White House officials were deeply concerned about how little regard Mr. Trump showed for sensitive national security materials. John F. Kelly, the White House chief of staff, tried to stop classified documents from being taken out of the Oval Office and brought up to the residence because he was concerned about what Mr. Trump may do with them and how that may jeopardize national security.Similar to Mrs. Clinton, Mr. Trump’s son-in-law, Jared Kushner, and daughter Ivanka used personal email accounts for work purposes. And even after being warned by aides, Mr. Trump repeatedly ripped up government documents that had to be taped back together to prevent him from being accused of destroying federal property.Now Mr. Trump faces questions about his handling of classified information — a question that is complicated because as president he had the authority to declassify any government information. It is unclear whether Mr. Trump had declassified materials the National Archives discovered in the boxes before he left office. Under federal law, he no longer maintains the ability to declassify documents after leaving office.He invoked the power to declassify information several times as his administration publicly released materials that helped him politically, particularly on issues like the investigation into his campaign’s ties to Russia.Toward the end of the administration, Mr. Trump ripped pictures that intrigued him out of the President’s Daily Brief — a compendium of often classified information about potential national security threats — but it is unclear whether he took them to the residence with him. In one prominent example of how he dealt with classified material, Mr. Trump in 2019 took a highly classified spy satellite image of an Iranian missile launch site, declassified it and then released the photo on Twitter.If Mr. Trump was found to have taken materials with him that were still classified at the time he left the White House, prosecuting him would be extremely difficult and it would pit the Justice Department against Mr. Trump at a time when Attorney General Merrick B. Garland is trying to depoliticize the department.The department and the F.B.I. also still have significant scars from its investigation into whether Mrs. Clinton mishandled classified information, as the bureau was accused of unfairly tarnishing her and interfering in the 2016 election.Katie Benner More

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      Watchdog Inquiry Falls Short in Hunt for 2016 F.B.I. Leakers

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      An inspector general found that the bureau was permissive about talking to reporters and identified no specific leaks, including to Rudolph Giuliani about the Clinton email investigation.The Justice Department’s inspector general failed to identify F.B.I. officials who leaked information in 2016 to reporters or to Donald J. Trump’s longtime confidant Rudolph W. Giuliani, who had claimed that he had inside information about an investigation into Hillary Clinton just before the inquiry upended the presidential race, a report released on Thursday said.The office of the independent inspector general, Michael E. Horowitz, said that it identified dozens of officials who were in contact with the news media and struggled amid such a large universe of contacts to determine who had disclosed sensitive information. It also noted that it had no power to subpoena records, witnesses or messages from officials’ personal communication devices.Mr. Horowitz had examined the issue after several public disclosures during the election about F.B.I. investigations relating to Mrs. Clinton and Mr. Trump’s campaign.In one of the most glaring episodes, Mr. Giuliani had claimed on television in late October 2016 that a coming “surprise” would help Mr. Trump. Two days later, the F.B.I. director, James B. Comey, took the highly unusual move of publicly disclosing that the bureau had reopened its investigation into Mrs. Clinton’s use of a personal email account to conduct government business while secretary of state. The revelation jolted the presidential campaign days before Mr. Trump’s unexpected victory.Later that day, Mr. Giuliani claimed on a radio program that he had heard from former F.B.I. agents and “even from a few active agents, who obviously don’t want to identify themselves,” about rumors of a significant development in the case.But in the report released on Thursday, Mr. Horowitz’s office said that it had not identified any internal F.B.I. source of information for Mr. Giuliani and that he told investigators that despite his public claims, he had not spoken to “active” agents, only gossiped with former bureau officials.“He stated that his use of the term ‘active’ was meant to refer to retired F.B.I. agents who were still actively working in security and consulting,” according to the report.Mr. Giuliani told investigators: “Comey’s statements were a shock to me. I had no foreknowledge of any of them.”Mr. Giuliani’s 2016 statements have been seen as significant because the inspector general’s office has also found that Mr. Comey disclosed the reopening of the Clinton email investigation in part out of fear that its existence would leak to the news media. A portion of the investigation was being handled by federal authorities in Manhattan, where Mr. Giuliani once served as the U.S. attorney and as mayor, and where he has many longtime friends and supporters in law enforcement.Mr. Comey later told Congress that he was so concerned about Mr. Giuliani’s comments at the time that he had ordered the bureau to open a leak investigation into who Mr. Giuliani was talking to inside the F.B.I.Similar to a report published in 2018, the document released on Thursday criticized the F.B.I. for allowing a permissive culture about contacts with the news media in 2016 and for failing to follow its own policies devised to prevent disclosures of sensitive information to the public.In a sign of the bureau’s culture at the time, the inspector general said that at a conference for F.B.I. special agents in charge of field offices in April 2017, senior bureau officials said that they planned to toughen the policies for dealing with the news media.“Within hours of this discussion, and months before the F.B.I. officially adopted and announced the new media policy, a national news organization reported on the media policy change discussion at the conference, citing unnamed F.B.I. officials who were in attendance,” the report said.The inspector general said investigators had identified six F.B.I. employees who did not work in the department’s press office who had contact with the news media, adding that they were referred to the bureau for potential disciplinary action.The F.B.I. told the inspector general’s office that in response to its previous recommendations, it had enhanced employee training and disciplinary penalties for talking the press.In a letter to the inspector general, the F.B.I. acknowledged the damage that can be created by leaks.“The unauthorized disclosure of nonpublic information during an ongoing criminal investigation can potentially impair the investigation, can result in the disclosure of sensitive law enforcement information, and is fundamentally unfair to the subject or target of the investigation,” said Douglas A. Leff, the assistant director for the bureau’s inspection division. More

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      Reality Winner, Who Leaked Government Secrets, Is Released From Prison

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      Out on good behavior, the former National Security Agency contractor was sent to a halfway house.WASHINGTON — Reality L. Winner, a former National Security Agency contractor who was the first person prosecuted during the Trump administration on charges of leaking classified information, has been released to a halfway house, her lawyer announced on Monday.Ms. Winner’s case was the subject of an intense public campaign to win her a pardon or clemency. But it was her good behavior in prison, not the outside advocacy or a compassionate release process, that shortened her 63-month sentence, her lawyer said.While her good-behavior release was not unusual, her lawyer, Alison Grinter Allen, said she and Ms. Winner’s family were worried that the government would find a reason to extend her prison stay.“When we knew release was imminent, there were a lot of anxieties that it would be denied to her,” Ms. Allen said in an interview.Ms. Winner was released on June 2 from Federal Medical Center, Carswell, a prison in Fort Worth, Texas, said Emery Nelson, a Bureau of Prisons spokesman.The San Antonio Residential Re-entry Management Office will oversee her “community confinement,” Mr. Nelson added. Ms. Winner is in a halfway house, where she will have access to the outdoors and be able to meet with her family, and then will be under supervised release, Ms. Allen said. She could be transferred to home confinement before her full release from custody in November.While in prison, Ms. Winner was held under difficult conditions. The prison lost power and heat during last winter’s ice storms in Texas, and a number of fellow inmates died of Covid-19.Her communications were closely monitored, and the government refused until now to move her to a less secure facility, Ms. Allen said.“It was a terrible, terrible time,” Ms. Allen said. “Not that there is any great time to be in prison.”A former Air Force linguist, Ms. Winner entered a guilty plea in 2018, after being prosecuted for leaking classified information. She had been arrested in 2017 and charged with sending a classified report about election interference to reporters at The Intercept.The report described hacks by Russian intelligence operatives against local election officials and a company that sold software related to voter registration.As Ms. Winner began to petition for a pardon or a commutation, Ms. Allen was added to her legal team because her other lawyers were banned from speaking publicly about the case.Ms. Winner, now 29, sought clemency from President Donald J. Trump, with her legal team submitting thousands of letters in an effort to get him to intervene in her case.There had been some cause to think Mr. Trump could commute Ms. Winner’s sentence. In 2018, he called her sentence “so unfair” and said that what she had done was “small potatoes.” But Mr. Trump never acted on the commutation request.Despite Mr. Trump’s apparent ambivalence, the case was an early example of a campaign against leaks by his Justice Department.While many of the Trump-era leak investigations moved slowly, the Justice Department announced the charges against Ms. Winner an hour after The Intercept published the article.The Intercept came under criticism for how it reported the article, including by Ms. Winner’s mother. Ms. Winner had mailed the document to the publication anonymously, but the reporters showed a copy of it to the National Security Agency’s public affairs office and published the document to the internet, including markings that helped officials identify Ms. Winner.In 2017, The Intercept acknowledged its practices fell short and said it should have taken more steps to ensure the identity of the person leaking the document was protected.Ms. Winner could move relatively quickly from the halfway house to home confinement, where she could live with her family. Because of the pandemic, visitation had been cut off from the federal prison for the last 18 months and Ms. Winner had spoken to her family only on phone calls and occasional video calls. During her time in prison, Ms. Winner became an aunt and is looking forward to meeting her new family members, Ms. Allen said.Once Ms. Winner is released from the halfway house, she will still not be able to talk about any of the documents she reviewed while working at the National Security Agency, but she will be able to speak broadly about issues that concern her.“It would surprise me if advocacy and activism was not a part of her life going forward,” Ms. Allen said, “whether it be about the conditions and the state of mass incarceration or political prosecutions or election integrity.” More

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      Apple Says It Turned Over Data on Donald McGahn in 2018

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      The company notified Donald F. McGahn II last month that it had been subpoenaed for his account information three years ago.WASHINGTON — The Justice Department subpoenaed Apple for information in February 2018 about an account that belonged to Donald F. McGahn II, President Donald J. Trump’s White House counsel at the time, and barred the company from telling him about it, according to two people briefed on the matter.Apple told Mr. McGahn about the subpoena last month, said one of the people, who spoke on the condition of anonymity to discuss the matter. Mr. McGahn’s wife also received a similar notice from Apple, the person said.It is not clear what F.B.I. agents were investigating, whether Mr. McGahn was their specific focus or whether he was swept up in a larger net because he had communicated with someone who was under scrutiny. As the top lawyer for the 2016 Trump campaign and then the White House counsel, Mr. McGahn was in contact with numerous people who may have drawn attention either as part of the Russia investigation or a later leak inquiry.Still, the disclosure that agents had collected data of a sitting White House counsel, which they kept secret for years, is extraordinary.And it comes amid a political backlash after revelations that the Trump administration secretly seized the personal data of reporters and Democrats in Congress from phone and tech companies while investigating leaks.Democratic leaders on Capitol Hill on Sunday ratcheted up pressure on the Justice Department and former officials to provide a fuller accounting of events. They called on the head of the Justice Department’s national security division, John C. Demers, and the former deputy attorney general, Rod J. Rosenstein, to testify before Congress along with the former attorneys general Jeff Sessions and William P. Barr.A Justice Department spokesman declined to comment, as did a lawyer for Mr. McGahn. An Apple representative did not respond to a request for comment.Apple told Mr. McGahn that it had complied with the subpoena in a timely fashion but declined to tell him what it had provided the government, according to a person briefed on the matter. Under Justice Department policy, gag orders for subpoenas may be renewed for up to a year at a time, suggesting that prosecutors went to court several times to prevent Apple from notifying the McGahns earlier.In investigations, agents sometimes compile a large list of phone numbers and email addresses that were in contact with a subject, and seek to identify all those people by using subpoenas to communications companies for any account information like names, computer addresses and credit card numbers associated with them.Apple told the McGahns that it had received the subpoena on Feb. 23, 2018, according to a person briefed on the matter.Under federal law, prosecutors generally need to obtain permission from a federal judge in order to compel a company like Apple to delay notifying people that their personal information has been subpoenaed, said Paul M. Rosen, a former federal prosecutor and a partner at Crowell and Moring.“There is a lot here we don’t know, including the facts and circumstances surrounding the request for the delay and what was presented to the judge,” Mr. Rosen said. But, he added, prosecutors typically need to prove that either notifying the person “would endanger someone’s safety, risk the destruction of evidence or intimidation of witnesses, or seriously jeopardize an investigation.”The subpoena was issued by a grand jury in the Eastern District of Virginia, the other person familiar with the matter said.It is not clear why prosecutors obtained the subpoena. But several notable developments were unfolding around that time.The federal court in the Eastern District of Virginia was the center of one part of the Russia inquiry led by the special counsel, Robert S. Mueller III, that focused on Paul Manafort, a former chairman of the 2016 Trump presidential campaign.Because Mr. McGahn had been the top lawyer for the Trump campaign in 2016, it is possible that at some earlier point he had been among those in contact with someone whose account the Mueller team was scrutinizing in early 2018.Notably, Mr. Manafort had been hit with new fraud charges unsealed in the Eastern District of Virginia the day before the subpoena. Subsequent developments revealed that Mr. Mueller’s investigators were closely scrutinizing some of his communications accounts in the following days.On the other hand, the Manafort case was largely handled in the District of Columbia, where he faced separate charges. Still, the Mueller team was also working with federal prosecutors in Virginia during that period on an unregistered foreign agent case related to Turkey and a business partner of Michael T. Flynn’s, Mr. Trump’s former national security adviser who had also advised him during the 2016 campaign.It was also around that time that Mr. McGahn was involved in another matter related to the Russia investigation, one that included a leak.In late January 2018, The New York Times reported, based on confidential sourcing, that Mr. Trump had ordered Mr. McGahn the previous June to have the Justice Department remove Mr. Mueller, but Mr. McGahn had refused to do so and threatened to resign. The Washington Post confirmed that account soon after in a follow-up article.The Mueller report — and Mr. McGahn in private testimony before the House Judiciary Committee this month — described Mr. Trump’s anger at Mr. McGahn after the Times article and how he had tried to persuade Mr. McGahn to make a statement falsely denying it. Mr. Trump told aides that Mr. McGahn was a “liar” and a “leaker,” according to former Trump administration officials. In his testimony, Mr. McGahn said that he had been a source for The Post’s follow-up to clarify a nuance — to whom he had conveyed his intentions to resign — but he had not been a source for the original Times article.There are reasons to doubt that Mr. McGahn was the target of any Justice Department leak investigation stemming from that episode, however. Information about Mr. Trump’s orders to dismiss Mr. Mueller, for example, would not appear to be a classified national-security secret of the sort that it can be a crime to disclose.Yet another roughly concurrent event was a Justice Department investigation into unauthorized disclosures of information about the Russia inquiry. As part of that investigation, prosecutors sent Apple a subpoena on Feb. 6, 2018, for data on congressional staff members, their families and at least two members of Congress. Apple only recently informed those targeted because it had been prohibited from disclosing the subpoena at the time.Among those whose data was seized were two Democrats on the House Intelligence Committee: Representatives Eric Swalwell and Adam B. Schiff, both of California. Mr. Schiff, a sharp political adversary of Mr. Trump, is now the panel’s chairman. The Times first reported on that subpoena last week.Many questions remain unanswered about the events leading up to the subpoenas, including how high they were authorized in the Trump Justice Department and whether investigators anticipated or hoped that they were going to sweep in data on the politically prominent lawmakers. The subpoena sought data on 109 email addresses and phone numbers.In that case, the leak investigation appeared to have been primarily focused on Michael Bahar, then a staff member on the House Intelligence Committee. People close to Mr. Sessions and Mr. Rosenstein, the top two Justice Department officials at the time, have said that neither knew that prosecutors had sought data about the accounts of lawmakers for that investigation.It remains unclear whether agents were pursuing a theory that Mr. Bahar had leaked on his own or whether they suspected him of talking to reporters with the approval of lawmakers. Either way, it appears they were unable to prove their suspicions that he was the source of any unauthorized disclosures; the case has been closed, and no charges were brought.Speaker Nancy Pelosi on Sunday called for Mr. Barr, Mr. Sessions and Mr. Rosenstein to testify before Congress about the subpoenas. She said that what the Justice Department did under Mr. Trump went “even beyond Richard Nixon” but declined to say whether a congressional committee would compel their testimony.“Let’s hope they will want to honor the rule of law,” she said. “The Justice Department has been rogue under President Trump.”Senator Chuck Schumer of New York, the majority leader, called for anyone potentially involved in the subpoenas, including Mr. Demers, to testify before Congress. “The sins of the Trump administration just continue to pile up,” he said at a news conference in New York.“This was nothing less than a gross abuse of power, an assault on the separation of powers,” Mr. Schumer said, warning that if the men would not testify, lawmakers would subpoena them.He also called on Senate Republicans to join Democrats in voting for congressional subpoenas to compel testimony.On CBS, Senator Susan Collins, Republican of Maine, called the allegations “serious” but said only that she was backing an investigation into the matter by the Justice Department’s independent inspector general that was announced on Friday.Katie Benner More