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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

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      Hunting Leaks, Trump Officials Seized Records of Democrats

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      The Justice Department seized records from Apple for metadata of House Intelligence Committee members, their aides and family members.WASHINGTON — As the Justice Department investigated who was behind leaks of classified information early in the Trump administration, it took a highly unusual step: Prosecutors subpoenaed Apple for data from the accounts of at least two Democrats on the House Intelligence Committee, aides and family members. One was a minor.All told, the records of at least a dozen people tied to the committee were seized in 2017 and early 2018, including those of Representative Adam B. Schiff of California, then the panel’s top Democrat and now its chairman, according to committee officials and two other people briefed on the inquiry. Representative Eric Swalwell of California said in an interview Thursday night that he had also been notified that his data had subpoenaed.Prosecutors, under the beleaguered attorney general, Jeff Sessions, were hunting for the sources behind news media reports about contacts between Trump associates and Russia. Ultimately, the data and other evidence did not tie the committee to the leaks, and investigators debated whether they had hit a dead end and some even discussed closing the inquiry.But William P. Barr revived languishing leak investigations after he became attorney general a year later. He moved a trusted prosecutor from New Jersey with little relevant experience to the main Justice Department to work on the Schiff-related case and about a half-dozen others, according to three people with knowledge of his work who did not want to be identified discussing federal investigations.The zeal in the Trump administration’s efforts to hunt leakers led to the extraordinary step of subpoenaing communications metadata from members of Congress — a nearly unheard-of move outside of corruption investigations. While Justice Department leak investigations are routine, current and former congressional officials familiar with the inquiry said they could not recall an instance in which the records of lawmakers had been seized as part of one.Moreover, just as it did in investigating news organizations, the Justice Department secured a gag order on Apple that expired this year, according to a person familiar with the inquiry, so lawmakers did not know they were being investigated until Apple informed them last month.Prosecutors also eventually secured subpoenas for reporters’ records to try to identify their confidential sources, a move that department policy allows only after all other avenues of inquiry are exhausted.The subpoenas remained secret until the Justice Department disclosed them in recent weeks to the news organizations — The Washington Post, The New York Times and CNN — revelations that set off criticism that the government was intruding on press freedoms.The gag orders and records seizures show how aggressively the Trump administration pursued the inquiries while Mr. Trump declared war on the news media and perceived enemies whom he routinely accused of disclosing damaging information about him, including Mr. Schiff and James B. Comey, the former F.B.I. director whom prosecutors focused on in the leak inquiry involving Times records.Former President Donald J. Trump repeatedly attacked Representative Adam B. Schiff, the top Democrat on the House Intelligence Committee.Anna Moneymaker for The New York Times“Notwithstanding whether there was sufficient predication for the leak investigation itself, including family members and minor children strikes me as extremely aggressive,” said David Laufman, a former Justice Department official who worked on leak investigations. “In combination with former President Trump’s unmistakable vendetta against Congressman Schiff, it raises serious questions about whether the manner in which this investigation was conducted was influenced by political considerations rather than purely legal ones.”A Justice Department spokesman declined to comment, as did Mr. Barr and a representative for Apple.As the years wore on, some officials argued in meetings that charges were becoming less realistic, former Justice Department officials said: They lacked strong evidence, and a jury might not care about information reported years earlier.The Trump administration also declassified some of the information, making it harder for prosecutors to argue that publishing it had harmed the United States. And the president’s attacks on Mr. Schiff and Mr. Comey would allow defense lawyers to argue that any charges were attempts to wield the power of law enforcement against Mr. Trump’s enemies.But Mr. Barr directed prosecutors to continue investigating, contending that the Justice Department’s National Security Division had allowed the cases to languish, according to three people briefed on the cases. Some cases had nothing to do with leaks about Mr. Trump and involved sensitive national security information, one of the people said. But Mr. Barr’s overall view of leaks led some people in the department to eventually see the inquiries as politically motivated.Mr. Schiff called the subpoenas for data on committee members and staff another example of Mr. Trump using the Justice Department as a “cudgel against his political opponents and members of the media.”“It is increasingly apparent that those demands did not fall on deaf ears,” Mr. Schiff said in a statement. “The politicization of the department and the attacks on the rule of law are among the most dangerous assaults on our democracy carried out by the former president.”He said the department informed him in May that the investigation into his committee was closed. But he called on its independent inspector general to investigate the leak case and others that “suggest the weaponization of law enforcement,” an appeal joined by Speaker Nancy Pelosi.Early Hunt for LeaksSoon after Mr. Trump took office in 2017, press reports based on sensitive or classified intelligence threw the White House into chaos. They detailed conversations between the Russian ambassador to the United States at the time and Mr. Trump’s top aides, the president’s pressuring of the F.B.I. and other matters related to the Russia investigation.The White House was adamant that the sources be found and prosecuted, and the Justice Department began a broad look at national security officials from the Obama administration, according to five people briefed on the inquiry.While most officials were ruled out, investigators opened cases that focused on Mr. Comey and his deputy, Andrew G. McCabe, the people said. Prosecutors also began to scrutinize the House Intelligence Committee, including Mr. Schiff, as a potential source of the leaks. As the House’s chief intelligence oversight body, the committee has regular access to sensitive government secrets.Mr. Trump fired James B. Comey as F.B.I. director in 2017.Al Drago/The New York TimesJustice Department National Security Division officials briefed the deputy attorney general’s office nearly every other week on the investigations, three former department officials said.In 2017 and 2018, a grand jury subpoenaed Apple and another internet service provider for the records of the people associated with the Intelligence Committee. They learned about most of the subpoenas last month, when Apple informed them that their records had been shared but did not detail the extent of the request, committee officials said. A second service provider had notified one member of the committee’s staff about such a request last year.It was not clear why family members or children were involved, but the investigators could have sought the accounts because they were linked or on the theory that parents were using their children’s phones or computers to hide contacts with journalists.There do not appear to have been similar grand jury subpoenas for records of members or staff of the Senate Intelligence Committee, according to another official familiar with the matter. A spokesman for Republicans on the House Intelligence Committee did not respond to a question about whether they were issued subpoenas. The Justice Department has declined to tell Democrats on the committee whether any Republicans were investigated.Apple turned over only metadata and account information, not photos, emails or other content, according to the person familiar with the inquiry.After the records provided no proof of leaks, prosecutors in the U.S. attorney’s office in Washington discussed ending that piece of their investigation. But Mr. Barr’s decision to bring in an outside prosecutor helped keep the case alive.A CNN report in August 2019 about another leak investigation said prosecutors did not recommend to their superiors that they charge Mr. Comey over memos that he wrote and shared about his interactions with Mr. Trump, which were not ultimately found to contain classified information.Mr. Barr was wary of how Mr. Trump would react, according to a person familiar with the situation. Indeed, Mr. Trump berated the attorney general, who defended the department, telling the president that there was no case against Mr. Comey to be made, the person said. But an investigation remained open into whether Mr. Comey had leaked other classified information about Russia.Revived CasesIn February 2020, Mr. Barr placed the prosecutor from New Jersey, Osmar Benvenuto, into the National Security Division. His background was in gang and health care fraud prosecutions.Through a Justice Department spokesman, Mr. Benvenuto declined to comment.Mr. Benvenuto’s appointment was in keeping with Mr. Barr’s desire to keep matters of great interest to the White House in the hands of a small circle of trusted aides and officials.William P. Barr brought a trusted prosecutor in from New Jersey to help investigate leak cases.Al Drago for The New York TimesWith Mr. Benvenuto involved in the leak inquiries, the F.B.I. questioned Michael Bahar, a former House Intelligence Committee staff member who had gone into private practice in May 2017. The interview, conducted in late spring of 2020, did not yield evidence that led to charges.Prosecutors also redoubled efforts to find out who had leaked material related to Michael T. Flynn, Mr. Trump’s first national security adviser. Details about conversations he had in late 2016 with the Russian ambassador at the time, Sergey I. Kislyak, appeared in news reports in early 2017 and eventually helped prompt both his ouster and federal charges against him. The discussions had also been considered highly classified because the F.B.I. had used a court-authorized secret wiretap of Mr. Kislyak to monitor them.But John Ratcliffe, the director of national intelligence and close ally of Mr. Trump’s, seemed to damage the leak inquiry in May 2020, when he declassified transcripts of the calls. The authorized disclosure would have made it more difficult for prosecutors to argue that the news stories had hurt national security.Separately, one of the prosecutors whom Mr. Barr had directed to re-examine the F.B.I.’s criminal case against Mr. Flynn interviewed at least one law enforcement official in the leak investigation after the transcripts were declassified, a move that a person familiar with the matter labeled politically fraught.The biweekly updates on the leak investigations between top officials continued. Julie Edelstein, the deputy chief of counterintelligence and export control, and Matt Blue, the head of the department’s counterterrorism section, briefed John C. Demers, the head of the National Security Division, and Seth DuCharme, an official in the deputy attorney general’s office, on their progress. Mr. Benvenuto was involved in briefings with Mr. Barr.Mr. Demers, Ms. Edelstein, Mr. Blue and Mr. Benvenuto are still at the Justice Department. Their continued presence and leadership roles would seem to ensure that Mr. Biden’s appointees, including Attorney General Merrick B. Garland, would have a full understanding of the investigations. More

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      U.S. Put Gag Order on Times Executives Amid Fight Over Email Logs

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      A push by prosecutors to secretly seize data about four Times reporters’ emails began in the Trump administration and continued under Biden.WASHINGTON — In the last weeks of the Trump administration and continuing under President Biden, the Justice Department fought a secret legal battle to obtain the email logs of four New York Times reporters in a hunt for their sources, a top lawyer for the newspaper said Friday night.While the Trump administration never informed The Times about the effort, the Biden administration continued waging the fight this year, telling a handful of top Times executives about it but imposing a gag order to shield it from public view, said the lawyer, David McCraw, who called the move unprecedented.The gag order prevented the executives from disclosing the government’s efforts to seize the records even to the executive editor, Dean Baquet, and other newsroom leaders.Mr. McCraw said Friday that a federal court had lifted the order, which had been in effect since March 3, freeing him to reveal what had happened. The battle was over an effort by the Justice Department to seize email logs from Google, which operates the Times’s email system, and which had resisted the effort to obtain the information.The disclosure came two days after the Biden Justice Department notified the four reporters that the Trump administration, hunting for their sources, had in 2020 secretly seized months of their phone records from early 2017. That notification followed similar disclosures in recent weeks about seizing communications records of reporters at The Washington Post and CNN.Mr. Baquet condemned both the Trump and Biden administrations for their actions, portraying the effort as an assault on the First Amendment.“Clearly, Google did the right thing, but it should never have come to this,” Mr. Baquet said. “The Justice Department relentlessly pursued the identity of sources for coverage that was clearly in the public interest in the final 15 days of the Trump administration. And the Biden administration continued to pursue it. As I said before, it profoundly undermines press freedom.”There was no precedent, Mr. McCraw said, for the government to impose a gag order on New York Times personnel as part of a leak investigation. He also said there was no precedent for the government to seize the Times’s phone records without advance notification of the effort.A Google spokeswoman said that while it does not comment on specific cases, the company is “firmly committed to protecting our customers’ data and we have a long history of pushing to notify our customers about any legal requests.”Anthony Coley, a Justice Department spokesman, noted that “on multiple occasions in recent months,” the Biden-era department had moved to delay enforcement of the order and it then “voluntarily moved to withdraw the order before any records were produced.”He added: “The department strongly values a free and independent press, and is committed to upholding the First Amendment.”Last month, Mr. Biden said he would not permit the Justice Department during his administration to seize communications logs that could reveal reporters’ sources, calling the practice “simply, simply wrong.” (Under the Obama administration, the Justice Department had gone after such data in several leak investigations.)The letter this week disclosing the seizure of phone records involving the Times reporters — Matt Apuzzo, Adam Goldman, Eric Lichtblau and Michael S. Schmidt — had hinted at the existence of the separate fight over data that would show whom they had been in contact with over email.The letters said the government had also acquired a court order to seize logs of their emails, but “no records were obtained,” providing no further details. But with the lifting of the gag order, Mr. McCraw said he had been freed to explain what had happened.Prosecutors in the office of the United States attorney in Washington had obtained a sealed court order from a magistrate judge on Jan. 5 requiring Google to secretly turn over the information. But Google resisted, apparently demanding that the Times be told, as its contract with the company requires.The Justice Department continued to press the request after the Biden administration took over, but in early March prosecutors relented and asked a judge to permit telling Mr. McCraw. But the disclosure to him came with a nondisclosure order preventing him from talking about it to other people.Mr. McCraw said it was “stunning” to receive an email from Google telling him what was going on. At first, he said, he did not know who the prosecutor was, and because the matter was sealed, there were no court documents he could access about it.The next day, Mr. McCraw said, he was told the name of the prosecutor — a career assistant United States attorney in Washington, Tejpal Chawla — and opened negotiations with him. Eventually, Mr. Chawla agreed to ask the judge to modify the gag order so Mr. McCraw could discuss the matter with the Times’s general counsel and the company’s outside lawyers, and then with two senior Times executives: A.G. Sulzberger, the publisher, and Meredith Kopit Levien, the chief executive.“We made clear that we intended to go to court to challenge the order if it was not withdrawn,” Mr. McCraw said. Then, on June 2, he said, the Justice Department told him it would ask the court to quash the order to Google at the same time that it disclosed the earlier phone records seizure, which he had not known about.He described the position he was in as “untenable,” especially when it came to talking with Times reporters about chatter involving some kind of fight involving Google and a leak investigation related to The Times.The Justice Department has not said what leak it was investigating, but the identity of the four reporters who were targeted and the date range of the communications sought strongly suggested that it centered on classified information in an April 2017 article about how James B. Comey Jr., the former F.B.I. director, handled politically charged investigations during the 2016 presidential campaign.The article included discussion of an email or memo by a Democratic operative that Russian hackers had stolen, but that was not among the tranche that intelligence officials say Russia provided to WikiLeaks for public disclosure as part of its hack-and-dump operation to manipulate the election.The American government found out about the memo, which was said to express confidence that the attorney general at the time, Loretta Lynch, would not let an investigation into Hillary Clinton’s use of a private email server go too far. Mr. Comey was said to worry that if Ms. Lynch made and announced the decision not to charge Ms. Clinton, Russia would put out the memo to make it seem illegitimate, leading to his unorthodox decision to announce that the F.B.I. was recommending against charges in the matter.The Justice Department under then-President Donald Trump, who fired Mr. Comey and considered him an enemy, sought for years to see whether it could find evidence sufficient to charge him with the crime of making unauthorized disclosures of classified information — a push that eventually came to focus on whether he had anything to do with The Times learning about the existence of the document Russian hackers had stolen.The long-running leak investigation into Mr. Comey was seen inside of the Justice Department as one of the most politicized and contentious, even by the standards of a department that had been prevailed upon in several instances to use leak investigations and other policies concerning book publication to attack former officials who criticized Mr. Trump.Throughout last year, prosecutors talked about whether or not to close the leak investigation into Mr. Comey, according to two people familiar with the case, in part because there seemed to be little evidence to show that the former FBI director had shared classified information with the press.Last fall, department officials discussed whether the investigation had run its course and prosecutors should draft a declination memo that would explain why Mr. Comey would not be prosecuted, one of the people said. But the F.B.I. and the career prosecutors working on the case wanted to keep the investigation open, the people said, and in January prosecutors obtained a special court order to require Google to turn over data on the reporters’ emails.With Mr. Trump soon to be out of office, the order was controversial among some inside of the department, according to two people with knowledge of the case. It was seen as unusually aggressive for a case that would likely end in no charges. During the transition from the Trump to the Biden administration, at least one official wrote in a memo that the case should be closed, according to a person familiar with the transition.In the court filings seeking to compel Google to turn over logs of who was communicating with the four reporters who wrote that story, the Justice Department persuaded the judge that the secrecy was justified because, as the judge wrote on Jan. 5, “there is reason to believe that notification of the existence of this order will seriously jeopardize the ongoing investigation, including by giving targets an opportunity to destroy or tamper with evidence.”The Jan. 5 document does not acknowledge that the existence of the leak investigation into Mr. Comey and its subject matter was by then already known, because The Times had reported on it almost a year earlier. It is not clear whether the Justice Department told the judge about that article, or instead suggested that the inquiry was still a well-kept secret. More

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      The Intelligence on Russia Was Clear. It Was Not Always Presented That Way.

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      A newly declassified intelligence report made clear that government agencies long knew of Russia’s work to aid Donald Trump, but he and allies muddied the waters.WASHINGTON — Representative Jason Crow listened during a classified briefing last summer while a top intelligence official said that Russia was hurting Joseph R. Biden Jr.’s campaign to help President Donald J. Trump.Mr. Crow, Democrat of Colorado, held up an intelligence agency news release from days earlier and demanded to know why it said nothing about Russia’s plans.“‘When are you going to come out publicly and correct this record?’” Mr. Crow recalled asking the official, William R. Evanina. “‘Because there’s a massive disconnect between what is in your news releases and what you’re saying publicly — because of the pressure of the president.’”A report released Tuesday made clear that the intelligence community believed that Russia had long attacked Mr. Biden for the benefit of Mr. Trump. But throughout 2020, senior officials bowed to Mr. Trump’s hostility toward any public emphasis of the threat from Russia, and they offered Congress and the public incomplete or misleading portraits of the intelligence on foreign influence in the election.The picture is complicated. While Mr. Trump’s enmity toward the intelligence community loomed, and his political appointees emphasized the threat from China and Iran, not Russia, career officers did also get key findings about Russian intelligence declassified and disclosed last year.Soon after that briefing to Congress, Mr. Evanina released details about Kremlin-backed operatives denigrating Mr. Biden, fulfilling the demands of Mr. Crow and other lawmakers. In an interview, Mr. Evanina credited Congress for pushing for more information, but said it took time and effort to get other intelligence officials to declassify the information.Once made public, the information broke new ground in describing Russian activity, but it also angered the White House.“We were out there on our island,” Mr. Evanina said. “The White House was unhappy with us, and so were the Democrats.” After Mr. Evanina’s disclosure, Mr. Trump and senior administration officials worked to play down the intelligence about Russian interference or to redirect focus to China’s work.Their efforts allowed Americans to dismiss a widely accepted intelligence assessment as politics, deepening distrust and division among the electorate, current and former officials said, adding that a divided country was vulnerable to foreign interference.“We’re so polarized,” Mr. Evanina said, “we’re going to be even more susceptible for this kind of activity moving forward.”Former Trump administration officials defended their public assessments of the intelligence. Some administration officials saw intelligence analysts, particularly the C.I.A.’s Russia experts, as presenting an overly dramatic analysis of the Kremlin’s intentions.The newly released report, former Trump administration officials argued, blurs the definitions of influence and interference. Russia’s effort was always more about spreading misinformation and propaganda, the former officials said, and there was no evidence that the Kremlin changed votes, the report’s definition of interference.“There is zero evidence,” said Richard Grenell, the former acting director of national intelligence. “Key judgment No. 1 is that no one interfered. This is influence vs. interference.”Throughout 2020, current and former intelligence officials privately expressed concern about how the White House characterized intelligence. Inside the intelligence agencies, officers continued to develop classified information on Russian interference and worked to present it honestly. For example, the designated election security czar, Shelby Pierson, was consistent in how she portrayed Russian actions in briefings to Congress, according to people familiar with her testimony.“We’re so polarized, we’re going to be even more susceptible for this kind of activity moving forward,” said William R. Evanina, a former top intelligence official.Joshua Roberts/ReutersBut one of her briefings, in which Ms. Pierson told lawmakers Russia favored Mr. Trump and was working for his re-election, prompted outrage among Republicans and contributed to the ousting of Joseph R. Maguire as the acting director of national intelligence. Mr. Evanina was then put in charge of briefing Congress, a role he was abruptly thrust into with little preparation, officials said.For Mr. Evanina’s first meeting with lawmakers on election security last March, the Office of the Director of National Intelligence, then run by Mr. Grenell, prepared a document that tried to temper Ms. Pierson’s February warning by cautioning that officials had not concluded that Russia was backing Mr. Trump.“The I.C. has not concluded that the Kremlin is directly aiding any candidate’s re-election or any other candidates’ election,” an unclassified summary given to lawmakers said, using shorthand for the intelligence community. “Nor have we concluded that the Russians will definitely choose to try to do so in 2020.”Mr. Grenell privately pushed intelligence officials to provide evidence to back up their conclusion that Russian disinformation activity was about influencing the elections, rather than simply an effort to stoke divisive debates in the United States. He has in the past defended the March briefing as an accurate summary of the intelligence.But the intelligence community ombudsman said in January that there were substantive differences between talking points for briefing Congress and what the intelligence community really thought.The newly declassified report showed that the March briefing was at best misleading to Congress and backed Ms. Pierson’s February testimony.The report laid out how the Russian strategy of attacking Mr. Biden goes back to 2014, before Mr. Trump was a serious candidate for office. While some senior intelligence officials have suggested that intelligence on Russia was in flux at various points in 2020, the new report made clear that the intelligence community’s view on President Vladimir V. Putin’s support for Mr. Trump was little changed from 2016 to 2020.Senior Trump administration officials’ comments about China were also at odds with the report.John Ratcliffe, Mr. Trump’s final director of national intelligence, said publicly before and after the election that China was the greatest national security threat. In a letter to Congress, he said the intelligence community was not applying the same definition to Chinese influence operations as it was to Russia’s.Some intelligence officials defended Mr. Ratcliffe’s comments on China, noting that Beijing was the most serious long-term threat to the United States and that it clearly tried to influence how it was viewed in America and elsewhere. The January ombudsman report did find merit in Mr. Ratcliffe’s critique of how intelligence on Chinese influence operations was handled.Mr. Grenell said his successor was right to focus on China, and that it was wrong to dismiss his critique of the intelligence agencies because analysts used different standards when looking at China’s influence operations compared with Russia’s. “China is a crisis,” Mr. Grenell said. “Russia is a problem.”Still, in appearances on Fox News, Mr. Ratcliffe’s relentless focus on China, rather than Russia, had the effect of leaving the impression, particularly with the president’s most enthusiastic supporters, that China was the most urgent threat to the 2020 election.The new report rejected that assertion.“Trying to equate, or at times suggest that, China was actually more actively interfering than Russia, it just wasn’t true,” said Representative Adam B. Schiff, Democrat of California and the chairman of the House Intelligence Committee. “I certainly tried to call them out on it at the time but wasn’t able to hold up the classified intelligence document to show how misleading they had been. But I think this report makes it very clear.”Even if China is a long-term national security threat, Russia will continue to be the larger threat in the next few elections, Mr. Evanina said.“There’s some political speak about China being a bigger, more existential threat,” Mr. Evanina said. “Sure they are, but not when it comes to elections.” More