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      Ramaswamy Relies on Denialism When Challenged on Flip-Flopping Positions

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      In clashes with the news media and his rivals, the Republican upstart has retreated from past comments and lied about on-the-record statements.In his breakout performance in the Republican primary race, Vivek Ramaswamy has harnessed his populist bravado while frequently and unapologetically contorting the truth for political gain, much in the same way that former President Donald J. Trump has mastered.Mr. Ramaswamy’s pattern of falsehoods has been the subject of intensifying scrutiny by the news media and, more recently, his G.O.P. opponents, who clashed with him often during the party’s first debate last Wednesday.There are layers to Mr. Ramaswamy’s distortions: He has spread lies and exaggerations on subjects including the 2020 election results, the Jan. 6 attacks on the Capitol and climate change. When challenged on those statements, Mr. Ramaswamy, a biotech entrepreneur who is the first millennial Republican to run for president, has in several instances claimed that he had never made them or that he had been taken out of context.But his denials have repeatedly been refuted by recordings and transcripts from Mr. Ramaswamy’s interviews — or, in some cases, excerpts from his own book.Here are some notable occasions when he sought to retreat from his past statements or mischaracterized basic facts:A misleading anecdoteAt a breakfast round table event organized by his campaign on Friday in Indianola, Iowa, Mr. Ramaswamy recounted how he had visited the South Side of Chicago in May to promote his immigration proposals to a mostly Black audience.He boasted that nowhere had his ideas on the issue been more enthusiastically received than in the nation’s third most populous city, where his appearance had followed community protests over the housing of migrants in a local high school.“I have never been in a room more in favor of my proposal to use the U.S. military to secure the southern border and seal the Swiss cheese down there than when I was in a nearly all-Black room of supposedly mostly Democrats on the South Side of Chicago,” he said.But Mr. Ramaswamy’s retelling of the anecdote was sharply contradicted by the observations of a New York Times reporter who covered both events.The reporter witnessed the audience in Chicago pepper Mr. Ramaswamy about reparations, systemic racism and his opposition to affirmative action. Immigration was barely mentioned during the formal program. It was so absent that a Ramaswamy campaign aide at one point pleaded for questions on the issue. With that prompting, a single Republican consultant stood up to question Mr. Ramaswamy on his proposals.Trump criticismAt the first Republican debate, former Gov. Chris Christie of New Jersey accused Mr. Ramaswamy of changing positions on Donald Trump.Kenny Holston/The New York TimesIn one of the more heated exchanges of last week’s G.O.P. debate, former Gov. Chris Christie of New Jersey criticized Mr. Ramaswamy for lionizing Mr. Trump and defending his actions during the Jan. 6 attack.He sought to cast Mr. Ramaswamy as an opportunist who was trying to pander to Mr. Trump’s supporters by attributing the riot to government censorship during the 2020 election.“In your book, you had much different things to say about Donald Trump than you’re saying here tonight,” Mr. Christie said.Mr. Ramaswamy bristled and said, “That’s not true.”But in his 2022 book “Nation of Victims: Identity Politics, the Death of Merit, and the Path Back to Excellence,” Mr. Ramaswamy had harsh words for Mr. Trump and gave a more somber assessment of the violence.“It was a dark day for democracy,” Mr. Ramaswamy wrote. “The loser of the last election refused to concede the race, claimed the election was stolen, raised hundreds of millions of dollars from loyal supporters, and is considering running for executive office again. I’m referring, of course, to Donald Trump.”When asked by The Times about the excerpt, Mr. Ramaswamy insisted that his rhetoric had not evolved and pointed out that he had co-written an opinion column in The Wall Street Journal five days after the Jan. 6 attack that was critical of the actions of social media companies during the 2020 election.“Also what I said at the time was that I really thought what Trump did was regrettable,” he said. “I would have handled it very differently if I was in his shoes. I will remind you that I am running for U.S. president in the same race that Donald Trump is running right now.”Mr. Ramaswamy parsed his criticism of the former president, however.“But a bad judgment is not the same thing as a crime,” he said.During the debate, Mr. Ramaswamy also sparred with former Vice President Mike Pence, whose senior aide and onetime chief of staff Marc Short told NBC News the next day that Mr. Ramaswamy was not a genuine populist.“There’s populism and then there’s just simply fraud,” he said.By blunting his message about the former president’s accountability and casting himself as an outsider, Mr. Ramaswamy appears to be making a play for Mr. Trump’s base — and the G.O.P. front-runner has taken notice.In a conversation on Tuesday with the conservative radio host Glenn Beck, Mr. Trump said that he was open to selecting Mr. Ramaswamy as his running mate, but he had some advice for him.“He’s starting to get out there a little bit,” Mr. Trump said. “He’s getting a little bit controversial. I got to tell him: ‘Be a little bit careful. Some things you have to hold in just a little bit, right?’”Conspiracy theories about Sept. 11Since entering the race, Mr. Ramaswamy has repeatedly floated conspiracy theories about a cover-up by the federal government in connection with the Sept. 11, 2001, terrorist attacks, a narrative seemingly tailored to members of the G.O.P.’s right wing who are deeply distrustful of institutions.In a recent profile by The Atlantic, he told the magazine, “I think it is legitimate to say how many police, how many federal agents, were on the planes that hit the twin towers.”While he acknowledged that he had “no reason” to believe that the number was “anything other than zero,” Mr. Ramaswamy suggested that the government had not been transparent about the attacks.“But if we’re doing a comprehensive assessment of what happened on 9/11, we have a 9/11 commission, absolutely that should be an answer the public knows the answer to,” he said.Yet when Mr. Ramaswamy was asked to clarify those remarks by Kaitlan Collins of CNN two nights before last week’s debate, he backtracked and accused The Atlantic of misquoting him.“I’m telling you the quote is wrong, actually,” he said.Soon after Mr. Ramaswamy claimed that his words had been twisted, The Atlantic released a recording and transcript from the interview that confirmed that he had indeed been quoted accurately.When asked in an interview on Saturday whether the audio had undercut his argument, Mr. Ramaswamy reiterated his contention that the news media had often misrepresented him.“I think there’s a reason why,” he said, suggesting that his free-flowing way of speaking broke the mold of so-called scripted candidates. “I just don’t speak like a traditional politician, and I think the system is not used to that. The political media is not used to that. And that lends itself naturally then to being inaccurately portrayed, to being distorted.”Mr. Trump’s allies have used similar justifications when discussing the former president’s falsehoods, citing his stream-of-consciousness speaking style. His allies and supporters have admired his impulse to refuse to apologize or back down when called out, an approach Mr. Ramaswamy has echoed.Mr. Ramaswamy said that he was asked about Sept. 11 while discussing the Jan. 6, 2021, attack on the U.S. Capitol and his repeated calls for an accounting of how many federal agents were in the field that day. His campaign described The Atlantic’s recording as a “snippet.”At the start of The Times’s conversation with Mr. Ramaswamy, he said that he assumed that the interview was being recorded and noted that his campaign was recording, too.“We’re now doing mutually on the record, so just F.Y.I.,” he said.Pardoning Hunter BidenIn one of many clashes with the news media, Mr. Ramaswamy accused The New York Post of misquoting him in an article about Hunter Biden.Kenny Holston/The New York TimesNo news outlet has been off-limits to Mr. Ramaswamy’s claims of being misquoted: This month, he denounced a New York Post headline that read: “GOP 2024 candidate Vivek Ramaswamy ‘open’ to pardon of Hunter Biden.”The Aug. 12 article cited an interview that The Post had conducted with him.“After we have shut down the F.B.I., after we have refurbished the Department of Justice, after we have systemically pardoned anyone who was a victim of a political motivated persecution — from Donald Trump and peaceful January 6 protests — then would I would be open to evaluating pardons for members of the Biden family in the interest of moving the nation forward,” Mr. Ramaswamy was quoted as saying.The next morning on Fox News Channel, which, like The Post, is owned by News Corp, Mr. Ramaswamy told the anchor Maria Bartiromo that the report was erroneous.“Maria, that was misquoted and purposeful opposition research with the headline,” he said. “You know how this game is played.”The Post did not respond to a request for comment.In an interview with The Times, Mr. Ramaswamy described the headline as “manufactured” and said it was part of “the ridiculous farce of this gotcha game.”Aid to IsraelMr. Ramaswamy clashed with Fox News host Sean Hannity Monday night when confronted with comments he has made about aid to Israel. Mr. Ramaswamy accused Mr. Hannity of misrepresenting his views.“You said aid to Israel, our No. 1 ally, only democracy in the region, should end in 2028,” Mr. Hannity said in the interview. “And that they should be integrated with their neighbors.”“That’s false,” Mr. Ramaswamy responded.“I have an exact quote, do you want me to read it?” Mr. Hannity asked.Mr. Ramaswamy’s rhetoric about support for Israel has shifted.During a campaign event in New Hampshire earlier this month, Mr. Ramaswamy called the deal to provide Israel with $38 billion over 10 years “sacrosanct.” But a few weeks later in an interview with The Free Beacon, a conservative website, he said that he hoped that Israel would “not require and be dependent on that same level of historical aid or commitment from the U.S.” by 2028, when the deal expires.Wearing masksIn the first few months of the coronavirus pandemic, the Masks for All Act, a bill proposed by Senator Bernie Sanders of Vermont that aimed to provide every person in the United States with three free N95 masks, appeared to receive an unlikely endorsement on Twitter — from Mr. Ramaswamy.“My policy views don’t often align with Bernie, but this strikes me as a sensible idea,” he wrote in July 2020. “The cost is a tiny fraction of other less compelling federal expenditures on COVID-19.”Mr. Ramaswamy was responding to an opinion column written for CNN by Mr. Sanders, who is a democratic socialist, and Andy Slavitt, who was later a top pandemic adviser to Mr. Biden. He said they should have picked someone from the political right as a co-author to show that there was a consensus on masks.But when he was pressed this summer by Josie Glabach of the Red Headed Libertarian podcast about whether he had ever supported Mr. Sanders’s mask measure, he answered no.When asked by The Times for further clarification, Mr. Ramaswamy acknowledged that he was an early supporter of wearing masks, but said that he no longer believed that they prevented the spread of the virus. He accused his political opponents of conflating his initial stance with support for mask mandates, which he said he had consistently opposed.An analogy to Rosa Parks?Mr. Ramaswamy appeared to compare Edward J. Snowden to Rosa Parks before immediately distancing himself from the comment.Kayana Szymczak for The New York TimesWhen he was asked by the conservative commentator Hugh Hewitt on his show in June whether he would pardon the former U.S. intelligence contractor Edward J. Snowden for leaking documents about the United States government’s surveillance programs, Mr. Ramaswamy said yes and invoked an unexpected name: the civil rights icon Rosa Parks.He said that Mr. Snowden, a fugitive, had demonstrated heroism to hold the government accountable.“Part of what makes that risk admirable — Rosa Parks long ago — is the willingness to bear punishment he already has,” he said. “That’s also why I would ensure that he was a free man.”To Mr. Hewitt, the analogy was jarring.“Wait, wait, wait, did you just compare Rosa Parks to Edward Snowden?” he said.Mr. Ramaswamy immediately distanced himself from such a comparison, while then reinforcing it, suggesting that they had both effectuated progress of a different kind.“No, I did not,” he said. “But I did compare the aspect of their willingness to take a risk in order for at the time breaking a rule that at the time was punishable.” More

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      Pence Undercuts Trump’s Defense in Classified Documents Case

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      The former vice president said he knew of no broad order by Donald Trump that would have declassified documents the former president took with him when he left the White House.Former Vice President Mike Pence said on Sunday that he knew of no widespread declassification of documents by President Donald J. Trump when they were in the White House together, refuting one of the former president’s main defenses against charges of endangering national security.Mr. Trump, who has been indicted on 40 felony counts and accused of taking war plans and other secret documents with him when he left office and refusing to return many of them, has long insisted that he had issued a “standing order” to declassify papers and that any he brought home were automatically declassified.But his vice president became the latest former Trump administration official to say that he had heard of no such edict. “I was never made aware of any broad-based effort to declassify documents,” Mr. Pence said in an interview on ABC’s “This Week” on Sunday.“There is a process that the White House goes through to declassify materials,” Mr. Pence added. “I’m aware of that occurring on several cases over the course of our four years. But I don’t have any knowledge of any broad-based directive from the president. But that doesn’t mean it didn’t occur; it’s just not something that I ever heard about.”Mr. Pence’s recollections square with those of other former White House officials. Mark Meadows, who was Mr. Trump’s last White House chief of staff, told investigators working for the special counsel Jack Smith that he did not recall the former president issuing such an order or even discussing it, ABC News reported on Sunday, citing unnamed sources.Eighteen former administration officials, including at least two of Mr. Meadows’s predecessors as chief of staff, John F. Kelly and Mick Mulvaney, previously told CNN that they knew of no such order either. Mr. Trump’s lawyers have not included the claim of such a declassification order in court papers, where they would be liable for making false assertions.Instead, Mr. Trump has made the claim only in public appearances, where there is no legal penalty for not telling the truth. Shortly after an F.B.I. search of his home at Mar-a-Lago in Florida last August turned up a trove of classified documents that he had taken and failed to return after being subpoenaed, Mr. Trump posted on social media that “it was all declassified.”That evening, he issued a statement read on Fox News saying that he “had a standing order that documents removed from the Oval Office and taken to the residence were deemed to be declassified.”During a subsequent interview with Sean Hannity on Fox, Mr. Trump said he did not need to follow any process to declassify documents. “You’re the president of the United States — you can declassify just by saying it’s declassified, even by thinking about it,” he said then.Referring to the documents found at Mar-a-Lago, he said, “In other words, when I left the White House, they were declassified.”Mr. Trump has maintained that assertion for months. During a CNN town hall in May, he said, “They become automatically declassified when I took them.”But the indictment filed by Mr. Smith in Federal District Court in Florida includes evidence that Mr. Trump was aware that the documents were not declassified. During a recorded July 2021 meeting with two people interviewing him on behalf of Mr. Meadows for the former aide’s memoir, Mr. Trump referred to attack plans against Iran and on the tape sounded as if he were holding it up to show them.“See, as president, I could have declassified it,” he told them. “Now I can’t, you know, but this is still a secret.”ABC News reported that it had reviewed an early draft of Mr. Meadows’s resulting memoir that described Mr. Trump having a classified war plan “on the couch” at his office in Bedminster, N.J., but that the reference was deleted by Mr. Meadows because it would be “problematic.”George Terwilliger, Mr. Meadows’s lawyer, declined to comment on ABC’s account.Mr. Pence, who is trailing in his campaign against Mr. Trump for the Republican presidential nomination next year, has been cautious about criticizing his former running mate, who has been indicted in four separate state and federal cases.But with the first Republican debate looming this week, Mr. Pence has been more willing lately to deride Mr. Trump’s reliance on “crackpot lawyers” in trying to overturn the 2020 election and for asking his vice president “to put him over the Constitution” by invalidating Electoral College votes for Joseph R. Biden Jr.Asked on ABC on Sunday whether the president’s chief of staff would have known about any broad declassification order had it existed, Mr. Pence said, “I would expect so.”But he added: “But, look, President Trump is entitled to a presumption of innocence. He’s entitled to his day in court. And I’m just not going to comment on the latest leak or the latest reporting coming out of that process.”Jonathan Swan More

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      More Republicans Say Trump Committed Crimes. But They Still Support Him.

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      The share of Republicans saying the former president has committed “serious federal crimes” has grown modestly, according to a new poll from The New York Times and Siena College.Donald J. Trump famously marveled during his first presidential campaign that he could shoot someone on Fifth Avenue and he would not lose any support.He now seems intent on testing the premise of unwavering loyalty behind that statement.The federal charges against the former president seem to have cost him few, if any, votes in the 2024 election, even as the number of Republicans who think he has committed serious federal crimes has ticked up.He continues to hold strong in a hypothetical general election matchup, despite the fact that 17 percent of voters who prefer him over President Biden think either that he has committed serious federal crimes or that he threatened democracy with his actions after the 2020 election, according to the latest New York Times/Siena College poll.“I think he’s committed crimes,” said Joseph Derito, 81, of Elmira, N.Y. “I think he’s done terrible things. But he’s also done a lot of good.”Despite his distaste for the former president, Mr. Derito said he was likely to vote for Mr. Trump again. The alternative, he said, is far less palatable.“I used to lean toward the Democratic Party because they were for the working middle class,” he said. Now, he added, “I don’t like Trump, but I like the Democrats a lot less.”Voter Attitudes About the Trump InvestigationsThinking about the investigations into Donald J. Trump, do you think that he has or has not committed any serious federal crimes? More

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      More Charges Against Trump

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      A revised indictment details his unusual handling of classified documents.Donald Trump is facing more criminal charges in a federal case accusing him of mishandling classified documents.The new allegations are in a revised indictment from the special counsel’s office released last night. It added three charges: attempting to “alter, destroy, mutilate, or conceal evidence”; asking someone else to do so; and a new count under the Espionage Act.Today’s newsletter will explain the new charges and why they matter to the case.The chargesThe first two charges are connected. Prosecutors said that Trump asked the property manager of Mar-a-Lago, his Florida home, to have surveillance camera footage deleted. That video was important to the special counsel’s investigation into whether boxes of documents were moved to avoid complying with a federal subpoena.The property manager, Carlos De Oliveira, is now also charged in the case. He told a Mar-a-Lago information technology expert that “‘the boss’ wanted the server deleted,” according to the revised indictment. After the employee said he did not know how to delete the footage, or whether he had the right to do so, De Oliveira restated the request from “the boss” and asked, “What are we going to do?”The third charge, under the Espionage Act, concerns a memorable scene from the original indictment. An audio recording captured Trump at his golf club in Bedminster, N.J., showing visitors a classified document that detailed battle plans against Iran. Trump could be heard admitting to having the document and acknowledging that it was confidential.Now that at least one of the charges is linked to the Iran document, the recording could become more damning in court, by directly tying Trump’s own remarks to one of the crimes that he’s accused of.The indictment indicates that prosecutors have the document itself and details the dates that Trump possessed it, undermining his earlier claims that he never had it and was simply blustering.Trump’s campaign called the new accusations a “desperate and flailing attempt” by the Justice Department to undercut him.The bottom lineAs this newsletter has noted before, it is not unusual for federal officials to misplace or accidentally keep classified documents when they leave office. Such files were found in the homes of President Biden and former Vice President Mike Pence. What is unusual in Trump’s case is his attempts to keep the papers, even after federal officials asked him to return them.The new charges help demonstrate the exceptional nature of Trump’s actions. If the accusations are true, Trump not only tried to keep documents that he knew he was not supposed to have, but he also tried to cover up his attempts to hold onto the files by deleting video evidence.More on the indictmentSome legal experts think De Oliveira is likely to end up cooperating with prosecutors to avoid prison time. “This is a defendant who has almost no choice but to flip,” Joyce Vance, a former U.S. attorney, said on MSNBC.But the new charges may slow the case, currently set to go to trial next May, and could even push it past the 2024 election. “For Trump, his best defense is delay,” Kim Wehle, a University of Baltimore law professor, writes in The Bulwark.Trump’s lawyers met yesterday with the special counsel’s office, which is also investigating his efforts to overturn the 2020 election. Charges in that case — which appear likely soon — would add substantially to Trump’s legal peril. (Track all the Trump investigations here.)The Times’s Charlie Savage annotated the indictment.THE LATEST NEWSExtreme WeatherLiam Warner, 5, cooling off at a playground in Manhattan.Maansi Srivastava/The New York TimesJuly is on track to be the hottest month globally since record-keeping began in 1850.The Northeast faces another day of oppressive heat and humidity, with the heat index reaching as high as 110 in New York.Dangerous heat is expected to settle into the Southeast by the weekend. See the forecast.The Labor Department will increase heat-safety inspections in construction and agriculture and for other vulnerable workers.PoliticsThe Senate passed bipartisan military policy legislation, setting up a clash with the House, which added conservative mandates on abortion and gender to its version of the bill.After budget troubles and staff layoffs, Ron DeSantis began a slimmed-down reboot of his presidential campaign in Iowa.Mitch McConnell’s apparent medical episode has stirred talk about who could succeed him as the Senate Republican leader.War in UkraineUkrainian soldiers fire toward Russian positions on the front line.Efrem Lukatsky/Associated PressUkraine’s offensive made small gains, but the scope of the assaults and their toll remained unclear.Russia’s president, Vladimir Putin, promised free grain to several African countries after his blockade on Ukrainian exports disrupted the global food supply.EconomyThe U.S. economy grew 2.4 percent in the second quarter, more than experts expected.Economists increasingly think that the U.S. can bring down inflation without causing a recession. But they’ve been wrong about that before.Other Big StoriesThe Justice Department will investigate allegations of violence and discrimination by the police in Memphis, months after the fatal beating of Tyre Nichols.Russian oligarchs in Britain have gotten permits to spend lavishly on perks like private chefs and chauffeurs, despite ostensibly having their bank accounts frozen.Google has begun plugging A.I. language models into robots, giving them the equivalent of artificial brains.A judge ordered the release of three of the “Newburgh Four,” who were convicted in 2010 of a plot to blow up synagogues. The judge suggested that the F.B.I. invented the conspiracy.“Everybody’s punching bag”: Former classmates said the suspect in the Gilgo Beach serial killings was an outcast with a mean streak.OpinionsThe pain of losing a loved one to an overdose is crushing. But prosecuting drug dealers as murderers does more harm than good, Maia Szalavitz says.Here are columns by Thomas Friedman on Saudi-Israeli relations, Paul Krugman on Twitter’s rebrand and Michelle Goldberg on Republicans’ push to impeach Biden.MORNING READSThe annual swan census on the River Thames in Britain.Neil Hall/EPA, via ShutterstockThe king’s swans: An annual bird count on the Thames found a worrisome drop.Titanium clouds: Astronomers have come across the shiniest planet ever found.“Phubbing”: Ignoring a partner in favor of your phone can breed distrust.Modern Love: Learning to hear “no,” in acting, friendship and romance.Lives Lived: Julian Barry’s scripts for a Broadway play and Hollywood movie about Lenny Bruce became definitive portraits of the comedian as a truth teller who drove himself mad in a righteous struggle against hypocrisy. Barry died at 92.WOMEN’S WORLD CUPA hip-check from a Dutch player sparked a flash of anger and the only U.S. goal in the teams’ tie.Nigeria upset Australia, the tournament’s co-host, which is in danger of failing to advance to the knockout rounds.OTHER SPORTS NEWSNew coach bluster: In an interview, Broncos coach Sean Payton said his predecessor Nathaniel Hackett’s performance last season was “one of the worst coaching jobs in the history of the N.F.L.”Home safe: Bronny James, LeBron James’s son, was discharged from the hospital after a cardiac arrest during a practice.An unbelievable day: Shohei Ohtani spent the first half of a doubleheader throwing a shutout and the second hitting two home runs. He sounds energized for the Angels’ surprise playoff push.ARTS AND IDEAS Dani PendergastTricks for a better vacation: Traveling is wonderful but can be taxing, whether you’re planning for a group or coping with delays. The Times’s Travel desk has tips for managing. One expert noted that during a flight delay, it’s easier to get help if you leave the gate, where crowds gather, and find your airline’s service desk. And when traveling with a group, ease stress by having a different person take ownership of each day’s activities.More on cultureRandy Meisner, a founding member of the Eagles, died at 77.“Back to the Future: The Musical,” which opens on Broadway next week, follows a story that will be familiar to fans of the film.Jim Gaffigan, a master of family-friendly comedy, goes darker in his new stand-up special.THE MORNING RECOMMENDS …James Ransom for The New York TimesStick with Fritos in this taco salad.Upgrade your ice cube trays.Cool off with this portable fan.Save your skin — check whether it’s time to toss products.Take our news quiz.GAMESHere is today’s Spelling Bee. Yesterday’s pangram was unlovely.And here are today’s Mini Crossword, Wordle and Sudoku.Thanks for spending part of your morning with The Times. See you tomorrow. — GermanCorrection: A chart in yesterday’s newsletter misstated the change in gross domestic product for the first quarter of 2023. It grew 2 percent, not 2.6 percent.P.S. Simon Romero is joining The Times’s Mexico City bureau to cover migration, climate change and more.Sign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. More

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      Do You Know a Politically Motived Prosecution When You See One?

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      As the criminal indictments of Donald Trump continue to pile up like boxes in a Mar-a-Lago bathroom, the former president’s defenders have settled on a response: They don’t claim their man is innocent of the scores of federal and state charges against him — a tough case to make under the circumstances. Instead they accuse the Biden administration and Democratic prosecutors of politicizing law enforcement and cooking up an insurance policy to protect President Biden, who trails Mr. Trump in some polls about a very possible 2024 rematch.“So what do they do now?” House Speaker Kevin McCarthy asked last week, after Mr. Trump announced that he had received a second target letter from the special counsel Jack Smith, this time over his role in the Jan. 6 attack. “Weaponize government to go after their No. 1 opponent.”Gov. Ron DeSantis, one of the few plausible Republican nominees besides Mr. Trump, warned that the government is “criminalizing political differences.”It’s not only about Mr. Trump; griping about politicized law enforcement has become a cottage industry on the right these days. No sooner did Republicans take back the House of Representatives than they formed a Select Subcommittee on the Weaponization of the Federal Government, which meets regularly to air grievances and grill witnesses about their supposed anti-conservative animus, including Christopher Wray, the (Trump-nominated) F.B.I. director.If you’re feeling bewildered by all the claims and counterclaims of politicization, you’re not alone. Take the F.B.I.’s probe of ties between Russia and the 2016 Trump campaign, which is still being hashed out in the halls of Congress seven years later: In February, Democratic lawmakers demanded an investigation of the investigators who investigated the investigators who were previously investigated for their investigation of a transnational plot to interfere in a presidential election. Got that?But even if the charge of politicized justice is levied by a bad-faith buffoon like Representative Jim Jordan of Ohio, the chairman of the weaponization subcommittee, it is a profoundly important one. There is no simple way to separate politics completely from law enforcement. The Justice Department will always be led by a political appointee, and most state and local prosecutors are elected. If Americans are going to have faith in the fairness of their justice system, every effort must be taken to assure the public that political motives are not infecting prosecutors’ charging decisions. That means extremely clear rules for investigators and prosecutors and eternal vigilance for the rest of us.At the same time, politically powerful people must be held to the same rules as everyone else, even if they happen to be of a different party from those investigating them. So how to distinguish an investigation or prosecution based solely on the facts from one motivated improperly by politics?Sometimes the investigators make it easy by just coming out and admitting that it’s really political. Mr. McCarthy did that in 2015, when he bragged on Fox News that the House Benghazi hearings had knocked a seemingly “unbeatable” Hillary Clinton down in the polls. More recently, James Comer of Kentucky, who heads the House committee that is relentlessly investigating Hunter Biden, made a similar argument about the effect of the committee’s work on President Biden’s political fortunes. (Mr. Comer tried to walk back his comment a day later.)More often, though, it takes some work to determine whether an investigation or prosecution is on the level.The key thing to remember is that even if the subject is a politically powerful person or the outcome of a trial could have a political impact, that doesn’t necessarily mean the action itself is political. To assume otherwise is to “immunize all high-ranking powerful political people from ever being held accountable for the wrongful things they do,” said Kristy Parker, a lawyer with the advocacy group Protect Democracy. “And if you do that, you subvert the idea that this is a rule-of-law society where everybody is subject to equal justice, and at the same time you remove from the public the ability to impose any accountability for misconduct, which enables it to happen again.”In May, Protect Democracy published a very useful report, co-written by Ms. Parker, laying out several factors that help the public assess whether a prosecution is political.First, what is the case about? Is there straightforward evidence of criminal behavior by a politician? Have people who are not powerful politicians been prosecuted in the past for similar behavior?Second, what are top law-enforcement officials saying? Is the president respecting due process, or is he demanding investigations or prosecutions of specific people? Is he keeping his distance from the case, or is he publicly attacking prosecutors, judges and jurors? Is the attorney general staying quiet, or is he offering public opinions on the guilt of the accused?Third, is the Justice Department following its internal procedures and guidelines for walling off political interference? Most of these guidelines arose in the aftermath of the Watergate scandal, during which President Richard Nixon ordered the department to go after his political enemies and later obstructed the investigation into his own behavior. Until recently, the guidelines were observed by presidents and attorneys general of both parties.Finally, how have other institutions responded? Did judges and juries follow proper procedure in the case, and did they agree that the defendant was guilty? Did an agency’s inspector general find any wrongdoing by investigators or prosecutors?None of these factors are decisive by themselves. An investigation might take a novel legal approach; an honest case may still lose in court. But considering them together makes it easier to identify when law enforcement has been weaponized for political ends.To see how it works in practice, let’s take a closer look at two recent examples: first, the federal investigations into Mr. Trump’s withholding of classified documents and his attempts to overturn the 2020 election and, second, the investigation by John Durham into the F.B.I.’s Russia probe.In the first example, the Justice Department and the F.B.I., under Attorney General Merrick Garland, waited more than a year to pursue an investigation of Mr. Trump’s role in the Jan. 6 attack with any urgency — largely out of the fear that they would be seen as politically motivated.With a punctiliousness that has exasperated many liberals, Mr. Garland has kept his mouth shut about Mr. Smith’s prosecutions, except to say that the department would pursue anyone responsible for the Jan. 6 attack. Mr. Garland almost never mentions Mr. Trump by name. And Mr. Smith has been silent outside of the news conference he held last month to announce the charges in the documents case.In that case, Mr. Smith presented a tower of evidence that Mr. Trump violated multiple federal laws. There are also many examples of nonpowerful people — say, Reality Winner — who were prosecuted, convicted and sentenced to years in prison for leaking a single classified document. Mr. Trump kept dozens. Even a federal judge who was earlier accused of being too accommodating to Mr. Trump has effectively signaled the documents case is legitimate, setting a trial date for May and refusing the Trump team’s demand to delay it until after the 2024 election.In the Jan. 6 case, the government has already won convictions against hundreds of people for their roles in the Capitol attack, many involving some of the same laws identified in Mr. Smith’s latest target letter to Mr. Trump.“Prosecutors will hear all sorts of allegations that it’s all political, that it will damage the republic for all of history,” Ms. Parker, who previously worked as a federal prosecutor, told me. “But they have to charge through that if what they’ve got is a case that on the facts and law would be brought against anybody else.”President Biden’s behavior has been more of a mixed bag. He and his advisers are keen to advertise his disciplined silence about Mr. Trump’s legal travails. “I have never once — not one single time — suggested to the Justice Department what they should do or not do,” he said in June. Yet he has commented publicly and inappropriately on both investigations over the years.It’s impossible to justify these remarks, but it is possible to consider them in light of the other factors above and to decide that Mr. Smith’s investigations are not infected with a political motive.Contrast that with the investigation by John Durham, the federal prosecutor appointed by Mr. Trump’s attorney general Bill Barr in 2019 to investigate the origins of the F.B.I.’s Trump-Russia probe.Even before it began, the Durham investigation was suffused with clear political bias. Mr. Trump had repeatedly attacked the F.B.I. over its handling of the Russia probe and called for an investigation, breaching the traditional separation between the White House and the Justice Department. Mr. Barr had also spoken publicly in ways that seemed to prejudge the outcome of any investigation and inserted himself into an investigation focused on absolving Mr. Trump of wrongdoing.Not every investigation or prosecution will offer such clear-cut evidence of the presence or absence of political motivations. But as with everything relating to Mr. Trump, one generally doesn’t have to look far to find his pursuit of vengeance; he has taken to describing himself as the “retribution” of his followers. If he wins, he has promised to obliterate the Justice Department’s independence from the presidency and “go after” Mr. Biden and “the entire Biden crime family.”For the moment, at least, Mr. Trump is not the prosecutor but the prosecuted. And there should be no fear of pursuing the cases against him — especially those pertaining to his attempts to overturn his loss in 2020 — wherever they lead.“If we can’t bring those kinds of cases just because the person is politically powerful, how do we say we have a democracy?” asked Ms. Parker. “Because in that case we have people who are above the law, and they are so far above the law that they can destroy the central feature of democracy, which is elections, in which the people choose their leaders.”Source photograph by pepifoto, via Getty Images.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Fact-Checking Mike Pence on the Campaign Trail

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      The former vice president has made misleading claims about abortion, fiscal policy and military spending.Since beginning his long-shot presidential campaign in June, former Vice President Mike Pence has struggled to gain traction among Republican primary voters.Mr. Pence has consistently polled in the single digits behind the two leading contenders: his onetime running mate, former President Donald J. Trump, and Gov. Ron DeSantis of Florida. The former vice president has broken with them most starkly on their approaches to Social Security and Medicare. He has also carved out clear positions supporting a 15-week national abortion ban and wholeheartedly backing American involvement in the war in Ukraine.Mr. Pence has made some inaccurate claims along the way. Here’s a fact check of some of his recent remarks on the campaign trail.AbortionWhat Mr. Pence Said“I did, this week, call on every other candidate for the Republican nomination to support a minimum standard of a 15-week ban on abortion at the national level that would align American law with most of the countries in Europe that literally ban abortion after 12 to 15 weeks. Our laws at the national level today are more aligned with North Korea, China and Iran than with other Western countries in Europe.”— in a June interview on Fox News SundayThis is misleading. Mr. Pence’s comparison is overly simplistic and glosses over how abortion laws in Europe work in practice. It is also worth noting that many European countries are moving toward relaxing abortion restrictions, not imposing additional ones, as The Upshot has reported.Of some four dozen countries in Europe, almost all have legalized elective abortion before 10 to 15 weeks of pregnancy. All of these countries allow abortions after the gestational limit if the mother’s life is in danger and about half do so for cases involving sexual violence — two exceptions that Mr. Pence has said he also supports. But many also allow for broader exceptions, like the socioeconomic circumstances or mental health of the mother, which Mr. Pence’s proposal does not include.In Britain, for example, an abortion must be approved by two doctors, but those requests are generally granted up to 24 weeks. In Denmark and Germany, exceptions for gestational limits of 12 weeks are made for mental and physical health as well as living conditions.At least three countries also have more permissive gestational cutoffs than Mr. Pence’s proposal: Iceland at 22 weeks, the Netherlands at 24 weeks and Sweden at 18 weeks.In contrast, China allows elective abortions without specifying gestational limits in its national laws, according to the World Health Organization. China also has said in recent years that it will aim to reduce the number of “medically unnecessary” abortions, and at least one province has prohibited abortions after 14 weeks.North Korea’s laws on abortion are unclear. In 2015, the authorities issued a directive barring doctors from performing abortions, according to the World Health Organization, but “there are no documents after 2015” on the legality of the procedure.In the United States, after the Supreme Court eliminated the constitutional right to an abortion last summer, the legal status of abortion varies widely from state to state. In some, the procedure is banned with no exceptions, and in others it is enshrined as a right with no gestational limits. A spokesman for Mr. Pence cited nine such states as exceptionally nonrestrictive.Fiscal policyWhat Mr. Pence Said“Well, first off, look, Joe Biden’s policy on our national debt is insolvency. And, sadly, my former running mate’s policy is identical to Joe Biden’s. Both of them say they’re not even going to talk about common sense and compassionate reforms to entitlements to spare future generations of a mountain range of debt.”— in the Fox News Sunday interviewThis is exaggerated. Asked about his calls to overhaul Social Security and Medicare, Mr. Pence criticized Mr. Trump’s and Mr. Biden’s approaches to the social programs as irresponsible. While both have said they would not cut benefits, only Mr. Biden has proposed tax increases to shore up both programs. But equating that position to one of accepting total insolvency is overstated.Currently, Social Security and Medicare both face financial shortfalls. The fund that pays for Social Security retirement benefits is projected to be depleted by 2033, and the fund that pays hospitals for Medicare patients will be exhausted in 2031. At those points, the funds will be able to pay for only 77 percent of retirement benefits and 89 percent of scheduled fees to hospitals.During the 2020 campaign, Mr. Biden proposed increasing taxes on high-income earners to pay for additional Social Security benefits. The extra funding would reduce the program’s financial shortfall, though the revenue would not close the gap entirely. While his latest presidential budget, released in March, does not mention that proposal, it does include a plan to extend the solvency of Medicare by 25 years by imposing higher taxes on the wealthy.Mr. Trump’s position on social safety net programs is a bit harder to pin down. In January 2020, he said he would be willing to consider cuts to the social safety nets “at some point” — though he quickly tried to walk back his comments and vowed to protect Social Security. His last presidential budget proposal, in February 2020, did not cut benefits to either program, but sought Medicare savings through a dozen tweaks like reducing payments to providers and reducing the cost of prescription drugs.More recently, Mr. Trump vowed in a speech in March at the Conservative Political Action Conference that “we are never going back” to proposals to raise the Social Security retirement age or cut Medicare benefits. But Mr. Trump has not yet outlined his stance on either program in more detail or addressed their solvency issues in this campaign cycle.The Pence campaign argued that neither Mr. Trump nor Mr. Biden has a current plan for Social Security, and that Mr. Biden’s plan for Medicare just delays the financial shortfall.Mr. Pence has made misleading claims about abortion, fiscal policy and military spending.Jordan Gale for The New York TimesClassified documentsWhat Mr. Pence Said“I mean, when I informed the Department of Justice that we had classified materials potentially in our home, they were at my home. The F.B.I. was on my front doorstep the next day. And what we found out was that, when Joe Biden apparently alerted the Department of Justice, 80 days later, they showed up at his office.”— in a CNN town hall in JuneThis is exaggerated. Upon the discovery of classified documents in their personal residences, Mr. Pence and Mr. Biden both cooperated with government inquiries. Mr. Pence has a point that the Justice Department’s responses to the discoveries were not identical, but he is overstating the differences.In Mr. Biden’s case, the searches occurred a few weeks — not three months — after the discovery of classified documents. In Mr. Pence’s case, the search occurred about three weeks later.On Nov. 2, lawyers for Mr. Biden discovered classified documents at the offices of the Penn Biden Center for Diplomacy and Global Engagement, a think tank in Washington. On the same day, according to Biden administration officials, the lawyers alerted the National Archives and Records Administration, which is responsible for securing such documents. The next day, the National Archives retrieved the documents and referred the matter to the Justice Department. The F.B.I. searched the think tank in mid-November.On Dec. 20, Mr. Biden’s aides discovered a second set of classified documents at his home in Wilmington, Del. The same day, they alerted the U.S. attorney leading the investigation about the discovery. A month later, on Jan. 20, the F.B.I. searched the residence and seized additional documents. And on Feb. 1, the F.B.I. searched Mr. Biden’s vacation home in Rehoboth Beach, Del., but did not find additional classified documents.The discovery of classified documents in Mr. Biden’s possession prompted aides for Mr. Pence to search his home in Indiana out of caution. They found about a dozen documents with classified markings on Jan. 16 and alerted the National Archives to the discovery in a letter dated Jan. 18. The Justice Department, rather than the records agency, then retrieved the documents from Mr. Pence’s home on Jan. 19. Nearly a month later, on Feb. 10, the F.B.I. searched Mr. Pence’s home and found one additional document.The Pence campaign argued that the Justice Department, in directly requesting the documents from Mr. Pence, bypassed the standard procedures, which did not occur in Mr. Biden’s case.Unlike the Biden and Trump cases, Attorney General Merrick B. Garland did not appoint a special counsel to investigate Mr. Pence’s handling of classified materials. The Justice Department has also declined to prosecute Mr. Pence while the inquiry into Mr. Biden remains ongoing.Funding for the militaryWhat Mr. Pence Said“Since Joe Biden took office, he’s been working to cut military spending.”— at the Family Leadership Summit in Iowa in JulyThis is false. Mr. Biden’s annual budgets have generally asked for more funding for the military, and actual spending has increased each year.Mr. Biden’s first budget, released in 2021, proposed $715 billion for the Pentagon, essentially keeping funding level. That was a 1.6 percent increase from the previous year and a 0.4 percent decrease when adjusted for inflation. In December of that year, he signed into law a $770 billion defense package.After Russia invaded Ukraine in February 2022, Mr. Biden’s proposals and congressional appropriators amped up military spending even more.The budget he released in 2022 requested $773 billion in military spending, a nearly 10 percent increase from the previous year. He eventually signed into law an $858 billion spending policy bill.And Mr. Biden’s latest budget, released in March, asked for $842 billion for the military, a 3.2 percent increase from the previous year, and $886 billion total for national defense. That legislation is currently going through the appropriations process in Congress. The Pence campaign argued that this amounted to a cut, as the rate of inflation outstrips the rate of increase.At the Iowa event, Mr. Pence cited Mr. Biden’s debt ceiling deal with House Speaker Kevin McCarthy as an example of a proposed 1 percent cut to the military. Under that deal, military spending is set at the president’s proposed amount of $886 billion and would rise to $895 billion in 2025. But all spending, for both the military and domestic programs, would be subject to a 1 percent cut if Congress does not pass annual spending bills by January.We welcome suggestions and tips from readers on what to fact-check on email and Twitter. More

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      A Looming Indictment

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      Three big questions about a potential indictment of Trump in the special counsel investigation.With a third indictment of Donald Trump now seeming quite likely — this one involving his attempts to remain in power after losing the 2020 election — today’s newsletter will cover three big questions about the case.One, what would be the specifics of such an indictment? Two, would an indictment include significant new evidence, or focus on information that’s already known? Three, what are the chances that Trump may one day face prison time?1. The specificsYesterday, Trump said he received a letter confirming he was a target in the federal investigation into his attempts to stay in power after the 2020 election, including any role in inciting the Jan. 6 attacks. Such a letter is typically a sign of an imminent indictment, my colleague Charlie Savage wrote. Any charges will require months to work through the legal system.On what grounds could Trump be charged? Several possibilities exist: his attempts to obstruct Congress’s Jan. 6, 2021, proceedings; possible fraud related to fund-raising; and efforts to recruit so-called fake electors from states he narrowly lost. (Hours after Trump revealed the letter, Michigan authorities charged 16 people in the fake elector scheme.)We know only a little about where prosecutors are focusing, and that information comes from the letter to Trump. It cited statutes that could be applied in a prosecution, including a potential charge of conspiracy to defraud the U.S. and a broad charge related to a violation of rights.2. New information?Crowds at Trump’s speech on Jan. 6, 2021, before the Capitol attacks.Mark Peterson for The New York TimesWithout seeing the evidence, experts are unsure how strong the case against Trump is. In the classified documents inquiry, investigators uncovered new evidence, including photos of documents in a bathroom at Trump’s Florida home and Trump suggesting in a recording that he knew he wasn’t supposed to have the papers. So far, the public evidence around Trump’s attempts to cling to power is less explicit.Consider Trump’s involvement in the Jan. 6 riots: He made suggestive comments, including earlier that day at a rally in Washington. But none of them were explicit orders for an attack, and he eventually encouraged his supporters who had breached the Capitol to disperse.Trump “is often both all over the place and yet somewhat careful not to cross certain lines,” my colleague Maggie Haberman, who covers Trump, has said. “At his rally at the Ellipse on Jan. 6, he told people to go ‘peacefully and patriotically’ but also directed them to the Capitol with apocalyptic language about the election. Frequently, people around him understand the implications of words, even when he’s not being direct.”(He also has tried to recast Jan. 6 in a more positive light, Maggie explained.)If investigators do have evidence that more directly links Trump to any potential charges, we will find out in the coming days or weeks, if an indictment is filed and made public.3. The prison possibilityIn addition to this case, Trump already faces state charges in New York of falsifying business records to cover up potential sex scandals before the 2016 election as well as federal charges in the classified documents case. And Trump may face separate state charges in Georgia over his attempts to stay in power; a local prosecutor is expected to announce an indictment decision soon.Any of these cases could lead to a conviction and prison time. Or Trump could beat the charges in court.There is one other possibility that his advisers have raised: He could win the 2024 election, potentially making it too difficult to imprison him or allowing him to use the powers of the presidency to drop the federal investigations and charges.“When he was indicted in the documents investigation, his advisers were blunt that in their view, he needs to win the election as a defense against possible jail time,” Maggie wrote yesterday. “That only increases with an indictment related to Jan. 6 at the federal level.”The circumstances put Trump’s presidential campaign in a different light. He is not running, as politicians typically do, solely to push a policy agenda, establish his legacy or gain power. He is running for self-preservation, too.The U.S. has never confronted this scenario. Experts are divided over whether and how Trump could act as president if he were sentenced to prison. No one knows for certain how America’s political and criminal justice systems would handle that outcome. As Jessica Levinson, an election law expert, told The Times, “I don’t think that the Framers ever thought we were going to be in this situation.”More on TrumpA few Republican presidential candidates were more critical of Trump than they were in the face of his earlier legal problems. “We can’t keep dealing with this drama,” Nikki Haley said.Other primary rivals stayed more muted. Ron DeSantis said Trump “should have come out more forcefully” against Jan. 6 rioters, but added, “I hope he doesn’t get charged.”The judge overseeing the classified documents case expressed skepticism about prosecutors’ request for the trial to start as soon as December and about Trump’s desire to put it off until after the presidential election.THE LATEST NEWSWeatherPhoenixMatt York/Associated PressThe temperature in Phoenix topped 110 degrees for a record 19th straight day. Cities across the U.S. face dangerous levels of heat for the next week.Smoke from Canada’s wildfires reached as far south as North Carolina and Georgia.Much of the Northern Hemisphere is experiencing extreme summer weather. Firefighters battled wildfires in Greece, while China sweltered in sauna-like conditions.To stave off droughts, Spaniards are excavating thousand-year-old irrigation canals called acequias.Al Gore, who raised alarms about climate change almost two decades ago, says he remains hopeful. “We know how to fix this,” he said.InternationalHenry Kissinger, the 100-year-old former secretary of state, made a surprise visit to Beijing to meet with Chinese leaders.Data briefly posted by one Chinese province suggested that it may have had as many Covid deaths this year as the government has admitted across the mainland during the entire pandemic.A U.S. soldier facing assault charges in South Korea dashed into North Korea, which took him into custody.An Australian man was rescued with his dog after three months lost at sea. He said he survived on raw tuna and rainwater.War in UkraineRussia bombarded the Ukrainian port city of Odesa for a second night. The Kremlin called it retribution for an attack on a vital Crimean bridge.Ukrainian troops are finding World War II remnants, including skeletons and a carved swastika, on the battlefield.United KingdomConsumer prices in Britain rose at their slowest pace in more than a year, but inflation remains high. Economic woes could sink the re-election hopes of the prime minister, Rishi Sunak.King Charles, the country’s most famous landlord, has made about $34 million from rising rents this year.Other Big StoriesMultiple women accused a powerful Mississippi sheriff of using his position to coerce them into sex, a Times investigation found.Investigators identified the suspect in the Gilgo Beach killings on Long Island partly through stray strands of his wife’s hair.OpinionsThe F.D.A.’s approval of over-the-counter birth control is a promising sign for other medical advances that could help offset state abortion bans, Dr. Daniel Grossman writes.Housecleaning in the Russian military after Yevgeny Prigozhin’s mutiny will only worsen its campaign in Ukraine, Dara Massicot writes.Here’s a column by Carlos Lozada on competing views of U.S.-China relations.MORNING READSParty report: Zucchini and celebrities in Gwyneth Paltrow’s yard in the Hamptons.Wherever I go, there you are: Young people use apps like Find My Friends to affectionately keep tabs on each other.A language haven: Descendants of Holocaust survivors in Australia are trying to preserve Yiddish.Lives Lived: Angelo Mozilo led Countrywide Financial as it grew into one of the nation’s largest mortgage lenders and then crashed in the 2008 financial crisis. He died at 84.SPORTS NEWSMajor stakes: Rory McIlroy and Scottie Scheffler are among the golfers facing the most pressure this week at the British Open.Another Northwestern lawsuit: A former Wildcats football player accused the former head coach Pat Fitzgerald of negligence in the school’s hazing scandal.Ligament curse: Some of soccer’s biggest stars will miss the Women’s World Cup because of a rash of knee injuries.ARTS AND IDEAS Johnny Nunez/GettyVoices of hip-hop: Fifty years after the birth of hip-hop, The Times asked 50 artists to recount their time in the genre — how they discovered rap, began their careers and carved out places in its history. Together, they form a family tree of hip-hip that connects old-school figures like DMC and Kool Moe Dee to modern stars like Ice Spice and Lil Baby.More on cultureAs a movie about a product, “Barbie” can push only so far — but has moments of something like enlightenment, Manohla Dargis writes. Read her review.Country Music Television pulled a video for Jason Aldean’s song “Try That in a Small Town” that was filmed at the site of a lynching.The police searched a Nevada home in connection with the unsolved 1996 murder of Tupac Shakur.THE MORNING RECOMMENDS …Kerri Brewer for The New York TimesPerfect your cacio e pepe with help from Rome.Play one of Wirecutter’s picks for family games under $35.Consider keeping a multi-tool in your pocket.Watch the season finale of “It’s Always Sunny in Philadelphia,” where Dennis tries to have a relaxing beach day.Book a cruise, and join other first-time passengers looking for a deal.GAMESHere are today’s Spelling Bee and the Bee Buddy, which helps you find remaining words. Yesterday’s pangram was extinction. (Yesterday’s newsletter included the wrong pangram for Monday’s Spelling Bee. The correct pangram was acridity.)And here are today’s Mini Crossword, Wordle and Sudoku.Thanks for spending part of your morning with The Times. See you tomorrow. — GermanCorrection: A chart in Monday’s newsletter comparing the excess death rate across countries was mislabeled. It showed an estimate of the daily rate, not the weekly rate.Sign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. More

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      Prosecutors Push Back on Trump’s Request to Delay Documents Trial

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      The office of the special counsel, Jack Smith, said there “is no basis in law or fact” for granting a motion from former President Donald J. Trump that could push the start of the trial until after Election Day.Federal prosecutors on Thursday asked the judge overseeing former President Donald J. Trump’s classified documents case to reject a motion by Mr. Trump’s lawyers to have his trial indefinitely postponed, a move that could serve to delay the proceeding until after the 2024 election.The filing by the prosecutors came three days after Mr. Trump’s legal team made an unusual request to the judge, Aileen M. Cannon, asking her to set aside the government’s initial suggestion to hold the trial in December and delay it until all “substantive motions” in the case were presented and resolved.The timing of a trial is crucial in all criminal matters. But it is especially important in this case, in which Mr. Trump has been charged with illegally holding on to 31 classified documents after leaving the White House and conspiring with one of his personal aides, Walt Nauta, to obstruct the government’s efforts to reclaim them.Mr. Trump is now both a federal criminal defendant and the Republican Party’s leading candidate in the presidential campaign. There could be untold complications if his trial seeps into the final stages of the race. Moreover, if the trial is pushed back until after the election and Mr. Trump wins, he could try to pardon himself after taking office or have his attorney general dismiss the matter entirely.Apparently recognizing these high stakes, prosecutors working for the special counsel, Jack Smith, told Judge Cannon that she should not allow Mr. Trump and Mr. Nauta to let the case drag on without a foreseeable ending.“There is no basis in law or fact for proceeding in such an indeterminate and open-ended fashion,” they wrote, “and the defendants provide none.”Mr. Trump’s lawyers based their motion for a delay — which was filed on Monday in the Southern District of Florida — on several assertions.They said that as the case moved forward, they intended to make novel — and presumably time-consuming — arguments that the Presidential Records Act permitted Mr. Trump to take documents with him from the White House. That interpretation of the Watergate-era law is at odds with how legal experts interpret it.Prosecutors responded by saying this potential defense “borders on frivolous.” They also reminded Judge Cannon that it was not new at all, but in fact was central to an extended legal battle last year that she oversaw, in which an outside arbiter was put in place to review a trove of materials seized by the F.B.I. from Mar-a-Lago, Mr. Trump’s private club and residence in Florida.Mr. Trump’s lawyers also complained that a first trove of discovery evidence provided by the government was expansive — including more than 800,000 pages of material — and would take a significant amount of time to sort through.Prosecutors shot back, saying about a third of those pages contained unimportant “email header and footer information” and that a set of “key” documents that would guide the defense toward the crucial sections of discovery was only about 4,500 pages.The prosecutors also told Judge Cannon that they intended to provide Mr. Trump’s lawyers with a second batch of unclassified discovery evidence as early as next week, including interviews conducted with witnesses as recently as June 23 — a few weeks after Mr. Trump was indicted. That suggests, as The New York Times has reported, that the investigation of the classified documents case continued even after charges were filed.As for the classified discovery evidence, prosecutors said they planned to take the bulk of the classified materials seized from Mar-a-Lago to a sensitive compartmented information facility inside Miami’s federal courthouse next week for review by Mr. Trump’s lawyers — even though some of them only have interim security clearances.Once the lawyers have their final security clearances, the prosecutors said, they will be able to look at the remaining classified records, including some “pertaining to the declassification of various materials during the Trump administration.”In asking for a delay, Mr. Trump’s lawyers had said that his campaign schedule “requires a tremendous amount of time and energy” and that these efforts would continue until the election. They argued that Mr. Nauta had a similar problem since his job requires him to accompany Mr. Trump on “most campaign trips around the country.”But prosecutors seemed to have no patience for this argument, saying the two men’s “professional schedules do not provide a basis to delay.”“Many indicted defendants have demanding jobs that require a considerable amount of their time and energy, or a significant amount of travel,” they wrote. “The Speedy Trial Act contemplates no such factor as a basis for a continuance, and the court should not indulge it here.” More