More stories

  • in

    In Bronx DA Race, Darcel Clark Faces a Challenge From Tess Cohen

    Darcel Clark is running for a third term, emphasizing a balance between public safety and justice. Her opponent, Tess Cohen, is focused on alternatives to incarceration.As Darcel Clark, the Bronx district attorney, made her way through the crowd at a Juneteenth celebration on Monday afternoon, it was clear she was in friendly territory. “Hi, D.A.,” a group of women called out. Ms. Clark smiled, hugged the women and asked how they were.A couple of miles away, Tess Cohen, the criminal defense and civil rights lawyer who is challenging Ms. Clark in next week’s Democratic primary, was knocking on doors at the Pelham Parkway public housing complex, trying to get the word out about her campaign, one apartment at a time.The June 27 primary offers Democratic voters in the Bronx something they have not had in recent years: a choice in the race for district attorney. But Ms. Cohen, who is challenging Ms. Clark from the left, faces a difficult fight against a well-known incumbent with more money, the support of the political establishment and name recognition across the borough.Ms. Clark, 61, a former state appellate court judge, was the first Black woman to be elected district attorney in New York. She grew up in the Bronx and was raised in public housing and went to public schools. She was nominated by Bronx Democratic leaders in 2015 and faced no primary opponent that year or in her re-election bid in 2019.Ms. Cohen, 36, is a criminal defense lawyer at ZMO Law. She spent more than eight years as a prosecutor in New York City’s Office of the Special Narcotics Prosecutor. She is originally from Riverside, Calif., and has lived in the Bronx for 11 years.Ms. Cohen said in an interview that she decided to run because she was “really frustrated with how the Bronx is consistently left behind” when it comes to receiving services and “things that create true public safety.” Specifically, she suggested that more people could benefit from mental health and gun court programs in the Bronx, which can provide an alternative to incarceration.Ms. Clark said that her biggest accomplishment has been “putting humanity into the criminal justice system,” a mission she said she wanted to continue, and noted that she was focused on balancing both public safety and justice. “You cannot do this work if you don’t know the people that you serve,” she added.Ms. Clark is leading the race by some traditional campaign markers: She has more money on hand, and the backing of numerous unions and Democratic elected officials.Kholood Eid for The New York TimesIn a recent debate hosted by BronxNet, a local TV station, the candidates staked out different positions on crime, on a 2019 legal reform law, and on the troubled Rikers Island jail complex.Ms. Clark said that her office had done “everything that we can to combat crime, whether it’s creating new bureaus in my office to deal with crime strategies, to deal with violent criminal enterprise — anything that will help victims of crimes.” She pointed to her Community Justice Bureau, formerly called the Alternatives to Incarceration Unit, which helps prosecutors connect people with community resources.Ms. Cohen argued that more could be done, and said the district attorney’s focus on incarceration has been detrimental. “The Bronx continues to be left behind,” she said, adding that the borough created a gun court program, which gives a second chance to young people who face gun possession charges and have no prior violent felony convictions, years after Brooklyn had such a program.The candidates also differed on a 2019 law, backed by progressives, that favors criminal defendants.In April, Ms. Clark and two other district attorneys sought to reverse some of the changes progressives had won. One revision would have allowed judges more freedom in detaining certain defendants on bail. Another would have placed a timeline on defense lawyers to flag and request outstanding case material, or “discovery,” from prosecutors. The prosecutors ultimately abandoned the changes.Ms. Clark said that she was in favor of the 2019 discovery reform, especially after spending 16 years on the bench. “I would never want to go back to the way it was,” Ms. Clark said, but she said that she supported “reasonable revisions.”Ms. Cohen said the proposed changes represented a “gutting of the reform” and said that “we cannot go back to a system where we have Kalief Browders.”Mr. Browder was sent to Rikers Island when he was 16, accused of stealing a backpack. He never stood trial and was never found guilty of any crime, but he was held at Rikers for three years. He killed himself in 2015. Prosecutors in his case had received a number of adjournments that prolonged his detention. State legislators invoked his name when they passed the 2019 reform, which aimed to curb such delays.Ms. Clark said during the debate that the Browder incident saddens her to this day. She called the handling of his case a “colossal failure” of the district attorney’s office, his defense attorney, the Department of Correction and nine judges, of which she was one.“I accept that I was part of that,” Ms. Clark said. “But also part of that means that you do something about it, so that doesn’t happen again.”The candidates agreed that Rikers should be closed, but they differed on how it should be managed in the meantime.A federal monitor overseeing the Rikers Island jails complex recently said that officials, including Louis A. Molina, the New York City correction commissioner, were hiding information about violence. And a federal judge signaled that she might be willing to consider a federal takeover.Ms. Cohen argued in favor of a federal takeover of Rikers. She said in an interview that the district attorney’s office should open an independent investigation into the jail. She said that Mayor Eric Adams and Mr. Molina were “really actively hiding how terrible things are at Rikers,” noting a new policy where jails would no longer announce inmate deaths.“The D.A.’s office isn’t proactively going out to look into instances, it’s waiting to see if other agencies refer instances to them,” Ms. Cohen said. “Even when they do bring charges, often they are late or unsuccessful.”On Juneteenth, Ms. Cohen was handing out campaign fliers and introducing herself to residents in a public housing complex.Kholood Eid for The New York TimesMs. Clark said during the debate that she had opened an office on Rikers and opened a public integrity bureau that handles corruption. She said she had won indictments against inmates and corrections officers. “The indictments are happening,” Ms. Clark said. “It takes time to happen.”Asked about a federal takeover of Rikers, Ms. Clark said that she was “in favor of anything that is going to bring justice, that’s going to make Rikers Island more humane and more safe, but it’s not my decision.”Ms. Clark is leading the race by some traditional campaign markers. She has more money on hand — $281,000 according to a report filed on June 16, compared with just under $16,000 for Ms. Cohen — and the backing of numerous unions and Democratic Party heavyweights, including Senator Chuck Schumer, Attorney General Letitia James, Bronx Borough President Vanessa Gibson, and Assembly Speaker Carl E. Heastie.“Darcel is a strong candidate, she’s been a lifelong Bronxite, she knows intimately what the issues of the Bronx are, and I just don’t see the challenger bringing that to the table,” said Virginia Krompinger, president of the Benjamin Franklin Reform Democratic Club, which endorsed the incumbent.Ms. Cohen has won the support of voters and organizations explicitly looking for a change — including a number of formerly incarcerated people who were exonerated. Amanda Litman, the co-executive director of Run for Something, a progressive group that recruits political candidates, said her group had endorsed Ms. Cohen because “she knows the system in and out, she has a really strong progressive vision for what the office can be and what the office can do.”Turnout in New York City’s primary elections is not expected to be high — and it remains to be seen how focused voters are on the district attorney contest in the Bronx.Ayisha Khalid, a college student studying politics and criminal justice, answered the door when Ms. Cohen knocked, listened to her pitch and appeared to appreciate the candidate’s ideas about providing second chances for people who commit crimes. Still, she said, “I have to read more about it, because I had no clue.” More

  • in

    DeSantis Steps Up Attacks on Trump, Hitting Him on Crime and Covid

    Gov. Ron DeSantis of Florida vowed to repeal the First Step Act, a Trump-era criminal justice law, if elected president. He called it “basically a jailbreak bill.”Gov. Ron DeSantis of Florida escalated his hostilities with former President Donald J. Trump on Friday, arguing that his Republican presidential rival was weak on crime and immigration, and accusing him of ceding critical decision-making during the coronavirus pandemic to Dr. Anthony S. Fauci.In an appearance with the conservative commentator Ben Shapiro, Mr. DeSantis accused Mr. Trump, the G.O.P. front-runner, of “moving left” on criminal justice and immigration issues after winning over the party’s base in 2015 and 2016.He pledged that he would repeal what is known as the First Step Act, a bipartisan criminal justice measure signed into law by Mr. Trump in 2018 that expanded early-release programs and modified sentencing laws, including mandatory minimum sentences for nonviolent drug offenders.“He enacted a bill, basically a jailbreak bill,” Mr. DeSantis said. “It has allowed dangerous people out of prison who have now reoffended and really, really hurt a number of people.”This year, The New York Times reported that Mr. DeSantis and his allies saw the criminal justice bill, which Mr. Trump signed at the urging of his son-in-law Jared Kushner — and instantly regretted — as an area of political weakness, and that Mr. DeSantis had signaled he would use it in the nomination fight. The bill is unpopular with parts of Mr. Trump’s hard-core base.But for Mr. DeSantis, assailing Mr. Trump over the First Step Act is potentially complicated. Mr. DeSantis himself voted for the first version of the bill when he was in Congress, and Trump allies have sought to highlight that fact.“So now Swampy Politician Ron DeSanctimonious is claiming he voted for it before he voted against it,” Steven Cheung, a spokesman for Mr. Trump, said in a statement. “He sounds just like John Kerry. What a phony! He can’t run away from his disastrous, embarrassing, and low-energy campaign announcement. Rookie mistakes and unforced errors — that’s who he is.”(Mr. DeSantis’s allies note that the version of the bill he voted for looked significantly different, and that the final version passed when he was no longer in the House.)When Mr. Shapiro asked Mr. DeSantis about Mr. Trump’s recent criticism that crime had risen on his watch in Florida, the former president’s adopted state, Mr. DeSantis bristled and said Mr. Trump’s policies had undermined law and order.Mr. DeSantis stepped up his attacks on his onetime ally, whom he had avoided criticizing directly for months, less than 48 hours after he entered the race in a bumpy Twitter event.And as Mr. DeSantis seems to veer to the right on issues like crime, some of his campaign’s internal strategy is coming to light.At a fund-raising meeting in Miami on Thursday, donors peppered Mr. DeSantis’s top campaign staff members with questions about his policy positions and how they should be presented to other Republicans, according to a leaked audio recording posted online by the website Florida Politics.One donor raised a question about the rightward shift, to which a campaign official eventually responded, “We just got to win a primary in order to be in a general.”The donors and officials also discussed how to talk to Republicans who support abortion rights. (Mr. DeSantis last month signed a six-week abortion ban in Florida, which contains limited exceptions, while Mr. Trump has been hesitant to support a federal ban.)A staff member offered one possible answer.“Abortion is safe, legal and rare in Florida,” he said, parroting a phrase coined by former President Bill Clinton, a Democrat. “It has not been banned,” he added. “It is limited.”In his interview with Mr. Shapiro on Friday, Mr. DeSantis sought to cast himself as unwavering on illegal immigration, saying that Mr. Trump had attacked him for opposing amnesty legislation while in Congress.He also faulted Mr. Trump for his administration’s handling of the coronavirus outbreak in 2020, especially the level of influence exerted by Dr. Fauci, the longtime top infectious disease expert and face of the federal government’s pandemic response.Dr. Fauci, who retired in January, has been a frequent target of Republican attacks over issues like remote learning, stay-at-home orders and vaccine mandates.“He responded by elevating Anthony Fauci and really turning the reins over to Dr. Fauci, and I think to terrible consequences for the United States,” Mr. DeSantis said. “I was the leader in this country in fighting back against Fauci. We bucked him every step of the way.”He said that Dr. Fauci should have been fired, but Mr. Trump had honored him.“I think the fact that Donald Trump gave Anthony Fauci a presidential commendation on Trump’s last day in office, that was a gut punch to millions of people around this country who were harmed by Fauci’s lockdowns,” Mr. DeSantis said.A day earlier, in a post by Mr. Trump on his Truth Social platform, the former president slammed Mr. DeSantis over Florida’s response to the pandemic. He said that even former Gov. Andrew M. Cuomo of New York had done a better job limiting the loss of lives to the virus than Mr. DeSantis had.Mr. DeSantis described Mr. Trump’s claim as “very bizarre,” and said that it suggested he would double down on his actions if there were another pandemic. More

  • in

    Donald Trump también debe responder ante la justicia

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

  • in

    Ron DeSantis Burnishes Tough-on-Crime Image to Run in ’24 and Take On Trump

    The Florida governor, preparing for an all-but-declared campaign, is said to see an opening to take on the former president from the right.Gov. Ron DeSantis of Florida has spent months shoring up a tough-on-crime image as he weighs a run for the White House, calling for stronger penalties against drug traffickers and using $5,000 bonuses to bolster law-enforcement recruitment to his state.Now, Mr. DeSantis and his allies plan to use that image to draw a contrast with the Republican front-runner in the 2024 race, former President Donald J. Trump.Mr. DeSantis and his backers see the signature criminal-justice law enacted by Mr. Trump in 2018 as an area of weakness with his base, and Mr. DeSantis has indicated that he would highlight it when the two men tussle for the Republican nomination, according to three people with knowledge of Mr. DeSantis’s thinking. That law, known as the First Step Act, reduced the sentences for thousands of prisoners.Mr. DeSantis has yet to officially announce his candidacy, but he has been quietly staffing a presidential campaign, and his allies have been building up a super PAC. Since at least his re-election in November, Mr. DeSantis has privately suggested that Mr. Trump’s record on crime is one of several policy issues on which Mr. Trump is vulnerable to attacks from the right.One potentially complicating factor for Mr. DeSantis: He voted for the initial House version of the First Step Act in May 2018, while still a congressman. He resigned his seat in September 2018 after winning the Republican primary for governor, and was not in the House to vote for the more expansive version of the sentencing reform bill that ultimately passed into law in December 2018.Other Trump vulnerabilities, in the view of Mr. DeSantis and some of his allies, include Mr. Trump’s deference to Dr. Anthony S. Fauci as the nation’s top infectious disease expert during his initial response to the coronavirus pandemic.In July 2020, President Donald J. Trump met with Mr. DeSantis to discuss storm preparedness in Florida and the pandemic.Al Drago for The New York TimesMr. DeSantis has already pushed that point publicly, contrasting his record on the pandemic with that of Mr. Trump. He recently told the interviewer Piers Morgan that he would have fired Dr. Fauci. In the early days of the pandemic, however, Mr. DeSantis did not call for Mr. Trump to fire Dr. Fauci.Mr. DeSantis has said nothing publicly to telegraph that he intends to directly hit Mr. Trump as soft on crime. Yet for months, he has been privately gearing up for such a contrast, whether it comes from him or his allies.Public safety was an issue in Mr. DeSantis’s 2022 campaign, as it was for a number of Republicans. A person familiar with Mr. DeSantis’s thinking, who was granted anonymity because the person was not allowed to discuss private deliberations, said the governor viewed public safety as encompassing other policy matters, such as immigration.In January, Mr. DeSantis announced a series of legislative measures for the coming session in Florida, which, among other actions, would toughen penalties against drug traffickers.“Other states endanger their citizens by making it easier to put criminals back on the street. Here, in Florida, we will continue to support and enact policies to protect our communities and keep Floridians safe,” Mr. DeSantis said in a statement at the time. “Florida will remain the law-and-order state.”He has also instituted a program to pay $5,000 bonuses to recruit new Florida law enforcement officers and has played up his success in inducing hundreds to relocate to Florida from other states, such as New York and California. And he made a mini-tour last month visiting law enforcement offices in major cities in Democratic-leaning states.Mr. Trump is aware of his vulnerability on the crime issue because of his record as president, according to people close to him. Shortly after leaving office he began trying to inoculate himself against attacks by promising an uncompromising law-and-order agenda, with especially harsh treatment of drug dealers.In a speech last year at the Ronald Reagan Presidential Library, Senator Tom Cotton, an Arkansas Republican who was a staunch supporter of most of Mr. Trump’s agenda but a critic of the First Step Act, called Mr. Trump’s moves on criminal justice reform the “worst mistake” of his term..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Since becoming a candidate for the third time in November, Mr. Trump has released a handful of direct-to-camera videos discussing policy. In one, he proposed strengthening police departments with additional hiring and criticized what he called “radical Marxist prosecutors who are abolishing cash bail, refusing to charge crimes and surrendering our cities to violent criminals.” He also called for deploying the National Guard into areas with high crime rates.But he did not address sentencing, the core of his surprisingly lenient approach in office — and one that was at odds with his law-and-order campaign talk.Asked to comment, Steven Cheung, a spokesman for Mr. Trump’s campaign, described Mr. Trump as “the law-and-order president that cracked down on crime and put away violent offenders, resulting in the lowest crime rate in decades.” Mr. Cheung accused Mr. DeSantis of giving “a safe haven for violent felons” that has resulted “in rampant crime in Florida” and said that Mr. Trump had received support from law enforcement officials around the country. And Mr. Cheung pointed to an array of crime statistics in Florida that the Trump campaign planned to highlight as unfavorable for Mr. DeSantis.Lindsey Curnutte, a spokeswoman for Mr. DeSantis, declined to comment.As president, following the advice of his son-in-law and senior adviser, Jared Kushner, in December 2018, Mr. Trump signed the First Step Act, which resulted in more than 3,000 inmates being released early from federal prison.Mr. Trump promoting the First Step Act in November 2018. The law led to the early release of thousands of prisoners.Al Drago for The New York TimesA Republican official who is not affiliated with Mr. DeSantis and who has closely tracked criminal recidivism among people released from prison because of the First Step Act, said that the volume of those releases would provide fodder for attack ads against Mr. Trump.On Wednesday, Pedro L. Gonzalez, a conservative with a large online following who often attacks Mr. Trump from the right and defends Mr. DeSantis, tweeted that the man charged with assaulting a U.S. Senate staff member over the weekend was “released from prison thanks to Trump’s First Step Act” and linked to a Fox News story about the case.Many of those released under the First Step Act had been imprisoned for selling drugs — a crime that Mr. Trump now says publicly that he wants to punish with the death penalty because of the destruction wrought by illegal drugs.Mr. Trump, early on as president, mused admiringly in private about how dictators like Xi Jinping of China and former President Rodrigo Duterte of the Philippines executed drug dealers. At other times, he asked top officials whether it was feasible to shoot in the legs migrants who were illegally crossing the border.But for most of his term, Mr. Trump suppressed this instinct publicly. He came to believe that a more compassionate criminal justice policy would help him with African American voters, according to people familiar with his thinking.Because of this — and a competition in 2020 over spending with the billionaire candidate Michael R. Bloomberg — the Trump campaign paid millions of dollars to run a Super Bowl commercial highlighting his commutation of the life sentence of Alice Marie Johnson, a Black woman convicted of leading a multimillion-dollar drug trafficking ring. Mr. Trump and his team hailed the First Step Act as a historic bipartisan achievement.“Did it for African Americans. Nobody else could have gotten it done,” Mr. Trump wrote in response to a reporter’s question in 2022, adding, “Got zero credit.” The word “zero” was underlined for emphasis.But in June 2020, as Americans massed on the streets to protest the police killing of George Floyd, Mr. Trump told his aides privately, according to Axios, that it was a mistake to have listened to Mr. Kushner.Mr. Trump had been paying close attention to the influential Fox News host Tucker Carlson, who flayed the president as abandoning his tough-on-crime platform.“In 2016, Donald Trump ran as a law-and-order candidate because he meant it,” Mr. Carlson said in a June 2020 monologue that was anxiously shared around Mr. Trump’s orbit. “But the president’s famously sharp instincts, the ones that won him the presidency almost four years ago, have been since subverted at every level by Jared Kushner.”Mr. Trump made a sharp turn away from Mr. Kushner’s criminal justice policies during that summer of Black Lives Matter protests, and he never looked back. He urged his military leaders to send troops into cities like Seattle to take out anybody involved in riots. Mark T. Esper, who served at the time as defense secretary and resisted those requests, wrote in his memoir that Mr. Trump asked, “Can’t you just shoot them? Just shoot them in the legs or something?”In his final six months in office, Mr. Trump was erratic in his criminal justice policies. He went on a historic federal execution spree. But he also went on a pardon spree — handing out many dubious pardons, including one to a drug smuggler with a history of violence, through a process heavily influenced by Mr. Kushner.And by the time Mr. Trump was plainly looking for a future in politics again in 2021, he began talking publicly about executing drug dealers. More

  • in

    Nonprofit Aims to Persuade 100,000 Crime Survivors to Vote

    Crime is a perennial political football, discussed on the campaign trail usually in terms of how harshly it should be punished. Voters describe how much they fear it. Candidates describe how tough they will be in stopping it.But some of the millions of people who have actually experienced it feel lost in the debate.A nonpartisan group of them, Crime Survivors for Safety and Justice, will announce a campaign on Thursday to persuade 100,000 crime survivors to cast ballots in the midterm elections, with a focus on people who have not previously voted. The effort — part of a multiyear, multimillion-dollar push by the group to increase turnout — will be national but will focus primarily on a subset of states, including Florida, Michigan, Ohio, Pennsylvania and Texas, where there are competitive elections and the group has existing infrastructure.“We don’t want legislators creating laws for us without including our voices,” said Priscilla Bordayo, 37, a survivor of childhood sexual abuse and the Michigan manager of the crime survivors’ group, which is nonprofit. “We know best what we want and what we need in order to heal.”Crime Survivors for Safety and Justice — part of the Alliance for Safety and Justice, a group that advocates criminal justice reform — does not endorse candidates. It has tens of thousands of members, and their priorities and views vary, but, broadly, it promotes prevention and rehabilitation while opposing mass incarceration.The voter encouragement by the crime survivors’ group follows a campaign it ran in 2020, when it also aimed to turn out 100,000 crime survivors. The goal is more difficult in a midterm election year, when fewer people typically vote.More Coverage of the 2022 Midterm ElectionsAn Upset in Alaska: Mary Peltola, a Democrat, beat Sarah Palin in a special House election, adding to a series of recent wins for the party. Ms. Peltola will become the first Alaska Native to serve in Congress.Evidence Against a Red Wave: Since the fall of Roe v. Wade, it’s hard to see the once-clear signs of a Republican advantage. A strong Democratic showing in a New York special election is one of the latest examples.G.O.P.’s Dimming Hopes: Republicans are still favored in the fall House races, but former President Donald J. Trump and abortion are scrambling the picture in ways that distress party insiders.Digital Pivot: At least 10 G.O.P. candidates in competitive races have updated their websites to minimize their ties to Mr. Trump or to adjust their uncompromising stances on abortion.Two years ago, because of the Covid-19 pandemic, the group focused on calling potential voters. This year, it plans to organize in person in communities with large numbers of crime survivors. The campaign will involve town-hall-style events, voter education and practical help with tasks like registration.Its national director, Aswad Thomas, planned to play professional basketball before he was shot in 2009, which ended his athletic career. He said that he had lost more than 40 friends to gun violence and that his opposition to “tough on crime” policies had been informed by the discovery that his assailant was also a victim of gun violence.“I strongly believe his unaddressed trauma played a huge role with me being shot,” said Mr. Thomas, 39.Members of the group have lobbied legislators to fund trauma recovery centers and community-based violence intervention and to increase victim services. In some places, they have also promoted health care and housing assistance in an effort to address the social and economic instability that can lead to crime.“Part of my healing is helping other crime survivors so they can get the support that they need and get things that were not available to me at the time,” said Pearl Wise, 58, a chapter coordinator in York, Pa., whose son Chad Merrill was fatally shot in 2018. Ms. Wise and her husband are raising Mr. Merrill’s son, Layton, who was an infant when his father was killed.Before her son’s death, Ms. Wise said, she had never voted and did not follow the news. But afterward, she said, she was invited to a gathering of crime survivors in California and was inspired by their descriptions of pushing for legislation. It was the first time she felt she could make a meaningful difference by participating in politics.She registered to vote and cast her first ballot for Joseph R. Biden Jr. in 2020. Then, she began lobbying Pennsylvania lawmakers to extend to five years from two the amount of time survivors have to apply for compensation.Legislation containing that provision passed this summer.Asianay Jackson of Pontiac, Mich., lost her father to gun violence when she was 3 and said that connecting with other survivors in recent years, through a grief support group and the crime survivors’ group, showed her that the killing had affected her more than she realized. She said the most important issues to her were gun violence and police brutality, that she supported the Black Lives Matter movement and that she wanted to push for stricter gun laws, including age restrictions on weapons like AR-15s.Ms. Jackson, 18, is newly eligible to vote and plans to do so, but has not yet decided which candidates to support. More

  • in

    We Are Living in Richard Nixon’s America. Escaping It Won’t Be Easy.

    It seems so naïve now, that moment in 2020 when Democratic insiders started to talk of Joe Biden as a transformational figure. But there were reasons to believe. To hold off a pandemic-induced collapse, the federal government had injected $2.2 trillion into the economy, much of it in New Deal-style relief. The summer’s protests altered the public’s perception of race’s role in the criminal justice system. And analyses were pointing to Republican losses large enough to clear the way for the biggest burst of progressive legislation since the 1960s.Two years on, the truth is easier to see. We aren’t living in Franklin Roosevelt’s America, or Lyndon Johnson’s, or Donald Trump’s, or even Joe Biden’s. We’re living in Richard Nixon’s.Not the America of Nixon’s last years, though there are dim echoes of it in the Jan. 6 hearings, but the nation he built before Watergate brought him down, where progressive possibilities would be choked off by law and order’s toxic politics and a Supreme Court he’d helped to shape.He already had his core message set in the early days of his 1968 campaign. In a February speech in New Hampshire, he said: “When a nation with the greatest tradition of the rule of law is torn apart by lawlessness,” he said, “when a nation which has been the symbol of equality of opportunity is torn apart by racial strife … then I say it’s time for new leadership in the United States of America.”There it is — the fusion of crime, race and fear that Nixon believed would carry him to the presidency.Over the course of that year, he gave his pitch a populist twist by saying that he was running to defend all those hard-working, law-abiding Americans who occupied “the silent center.”A month later, after a major Supreme Court ruling on school integration, he quietly told key supporters that if he were elected, he would nominate only justices who would oppose the court’s progressivism. And on the August night he accepted the Republican nomination, he gave it all a colorblind sheen. “To those who say that law and order is the code word for racism, there and here is a reply,” he said. “Our goal is justice for every American.”In practice it didn’t work that way. Within two years of his election, Nixon had passed two major crime bills laced with provisions targeting poor Black communities. One laid the groundwork for a racialized war on drugs. The other turned the criminal code of Washington, D.C., into a model for states to follow by authorizing the district’s judges to issue no-knock warrants, allowing them to detain suspects they deemed dangerous and requiring them to impose mandatory minimum sentences on those convicted of violent crimes.And the nation’s police would have all the help they needed to restore law and order. Lyndon Johnson had sent about $20 million in aid to police departments and prison systems in his last two years in office. Nixon sent $3 billion. Up went departments’ purchases of military-grade weapons, their use of heavily armed tactical patrols, the number of officers they put on the streets. And up went the nation’s prison population, by 16 percent, while the Black share of the newly incarcerated reached its highest level in 50 years.Nixon’s new order reached into the Supreme Court, too, just as he said it would. His predecessors had made their first nominations to the court by the fluid standards presidents tended to apply to the process: Dwight Eisenhower wanted a moderate Republican who seemed like a statesman, John Kennedy someone with the vigor of a New Frontiersman, Johnson an old Washington hand who understood where his loyalties lay. For his first appointment, in May 1969, Nixon chose a little-known federal judge, Warren Burger, with an extensive record supporting prosecutorial and police power over the rights of the accused.When a second seat opened a few months later, he followed the same pattern, twice nominating judges who had at one point either expressed opposition to the integration of the races or whose rulings were regarded as favoring segregation. Only when the Senate rejected both of them did Nixon fall back on Harry Blackmun, the sort of centrist Ike would have loved.Two more justices stepped down in September 1971. Again Nixon picked nominees who he knew would be tough on crime and soft on civil rights — and by then, he had a more expansive agenda in mind. It included an aversion to government regulation of the private sector — and so one pick was the courtly corporate lawyer Lewis Powell, who had written an influential memo that year to the director of the U.S. Chamber of Commerce advocating a robust corporate defense of the free enterprise system. Another item on Nixon’s agenda was to devolve federal power down to the states. William Rehnquist, an assistant attorney general committed to that view, was his other pick. The two foundational principles of an increasingly energized conservatism were set into the court by Nixon’s determination to select his nominees through a precisely defined litmus test previous presidents hadn’t imagined applying.Our view of the Burger court may be skewed in part because Nixon’s test didn’t include abortion. By 1971, abortion politics had become furiously contested, but the divisions followed demography as well as political affiliation: In polling then (which wasn’t as representative as it is today), among whites, men were slightly more likely than women to support the right to choose, the non-Catholic college-educated more likely than those without college degrees, non-Catholics far more likely than Catholics, who anchored the opposition. So it wasn’t surprising that after oral arguments, three of the four white Protestant men Nixon had put on the court voted for Roe, and that one of them wrote the majority opinion.Justice Blackmun was still drafting the court’s decision in May 1972 when Nixon sent a letter to New York’s Catholic cardinal, offering his “admiration, sympathy and support” for the church stepping in as “defenders of the right to life of the unborn.” The Republican assemblywoman who had led New York’s decriminalization of abortion denounced his intervention as “a patent pitch for the Catholic vote.” That it was. In November, Nixon carried the Catholic vote, thanks to a move that gave the abortion wars a partisan alignment they hadn’t had before.Nixon’s version of law and order has endured, through Ronald Reagan’s war on drugs, George H. W. Bush’s Crime Control Act of 1990 and Bill Clinton’s crime bill to broken windows, stop-and-frisk and the inexorable rise in mass incarceration. The ideological vetting of justices has increased in intensity and in precision.Mr. Trump’s term entrenched a party beholden to the configurations of politics and power that Nixon had shaped half a century ago. The possibility of progressive change that seemed to open in 2020 has now been shut down. The court’s supermajority handed down the first of what could be at least a decade of rulings eviscerating liberal precedents.Crime and gun violence now outstrip race as one of the electorates’ major concerns.Mr. Trump, in a speech on Tuesday, made it clear that he would continue to hammer the theme as he considers a 2024 run: “If we don’t have safety, we don’t have freedom,” he said, adding that “America First must mean safety first” and “we need an all-out effort to defeat violent crime in America and strongly defeat it. And be tough. And be nasty and be mean if we have to.”An order so firmly entrenched won’t easily be undone. It’s tempting to talk about expanding the court or imposing age limits. But court reform has no plausible path through the Senate. Even if it did, the results might not be progressive: Republicans are as likely as Democrats to pack a court once they control Congress, and age limits wouldn’t affect some of the most conservative justices for at least another 13 years. The truth is the court will be remade as it always has been, a justice at a time.The court will undoubtedly limit progressive policies, too, as it has already done on corporate regulation and gun control. But it’s also opened up the possibility of undoing some of the partisan alignments that Nixon put into place, on abortion most of all. Now that Roe is gone, the Democrats have the chance to reclaim that portion of anti-abortion voters who support the government interventions — like prenatal and early child care — that a post-Roe nation desperately needs and the Republican Party almost certainly won’t provide.Nothing matters more, though, than shattering Nixon’s fusion of race, crime and fear. To do that, liberals must take up violent crime as a defining issue, something they have been reluctant to do, and then to relentlessly rework it, to try to break the power of its racial dynamic by telling the public an all-too-obvious truth: The United States is harassed by violent crime because it’s awash in guns, because it has no effective approach to treating mental illness and the epidemic of drug addiction, because it accepts an appalling degree of inequality and allows entire sections of the country to tumble into despair.Making that case is a long-term undertaking, too, as is to be expected of a project trying to topple half a century of political thinking. But until Nixon’s version of law and order is purged from American public life, we’re going to remain locked into the nation he built on its appeal, its future shaped, as so much of its past has been, by its racism and its fear.Kevin Boyle, a history professor at Northwestern University, is the author of, most recently, “The Shattering: America in the 1960s.”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

  • in

    Trump: A Brat, but Not a Child

    “President Trump is a 76-year-old man. He is not an impressionable child. Just like everyone else in our country, he is responsible for his own actions and his own choices.”Those were the words of Representative Liz Cheney on Tuesday in her opening statement at the Jan. 6 House select committee’s seventh hearing, as she swatted away what she said was a new strategy among Donald Trump’s defenders: claiming that he was manipulated by outside advisers and therefore “incapable of telling right from wrong.”Basically, Trump lied about the election because he was lied to about the election.But, as Cheney pointed out, Trump actively chose the counsel of “the crazies” over that of authorities, and therefore cannot, or at least should not, “escape responsibility by being willfully blind.”Willful blindness is a self-imposed ignorance, but as Thomas Jefferson put it: “Ignorance of the law is no excuse, in any country. If it were, the laws would lose their effect because it can always be pretended.”If Trump is a pro at anything, it is pretending. He is a brat, but he’s not a child.Cheney’s argument immediately recalled for me the case of Pamela Moses, a Black woman and activist in Memphis.In 2019, Moses wanted to register to vote. A judge told her that she couldn’t because she was still on felony probation.So Moses turned to another, lower authority — a probation officer — for a second opinion. The probation officer calculated (incorrectly, as it turns out) that her probation had ended and signed a certificate to that effect. Moses submitted the certificate with her voter registration form.The local district attorney later pressed criminal charges against Moses, arguing that she should have known she was ineligible to vote because the judge, the person with the most authority in the equation, had told her so.Moses was convicted of voter fraud and sentenced to six years and a day in prison, with the judge saying, “You tricked the probation department into giving you documents saying you were off probation.”How is this materially different from what Trump did as he attempted to overturn the results of the 2020 election? All the authorities — Bill Barr, head of the Department of Justice; White House lawyers; and state election officials — told him he had lost the election, but he sought other opinions, ones that confirmed his own view.This is not to say that the prosecution and conviction of Moses were justified, but rather to illustrate that we live in two different criminal justice realities: People without power, particularly minorities and those unable to pay expensive lawyers, are trapped in a ruthless and unyielding system, while the rich and powerful encounter an entirely different system, one cautious to the point of cowardice.Earlier this year, Moses’ conviction was thrown out because a judge ruled that the Tennessee Department of Correction had withheld evidence, and the prosecutor dropped all criminal charges against her.Still, by the time the ordeal was over, Moses had spent 82 days in custody, time she couldn’t get back, and she is now permanently barred from registering to vote or voting in the state.This is the least of the consequences Trump ought to face: He should be prohibited from participating in the electoral process henceforth.Some of the laws Trump may have broken in his crusade to overturn the election — like conspiracy to defraud the government — are more complicated than an illegal voter registration, but that is par for the course in a system that tilts in favor of the rich and powerful. Petty crime is always easier to prosecute than white-collar crime.This is a country in which the Internal Revenue Service audits poor families — households with less than $25,000 in annual income — at a rate five times higher than it audits everybody else, a Syracuse University analysis found.The way we target people for punishment in this country is rarely about a pursuit of justice and fairness; it simply reflects the reality that the vise squeezes hardest at the points of least resistance.The fact that Trump has thus far faced few legal repercussions for his many transgressions eats away at people’s faith.I believe this has contributed to our cratering confidence in American institutions, as measured by a recent Gallup poll. There are many factors undermining the faith Americans once had in their institutions, to be sure, but I believe a justice system rife with injustice is one of the main ones. In the poll, only 4 percent of Americans had a great deal of confidence in the criminal justice system.The only institution that did worse on that metric was Congress, with just 2 percent.We have a criminal justice crisis in this country, and people are portraying Trump’s behavior like that of a child in hopes of keeping him from facing consequences in a country that jails actual children.According to the Child Crime Prevention and Safety Center, “Approximately 10,000 minors under the age of 18 are housed in jails and prisons intended for adult offenders, and juveniles make up 1,200 of the 1.5 million people imprisoned in state and federal detention facilities.”There is no excuse for what Trump has done, and if he is not held accountable for it, even more faith in the United States as a “country of laws” will be lost.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 and Twitter (@NYTopinion), and Instagram. More

  • in

    The Real Meaning of Chesa Boudin’s Recall

    Asthaa Chaturvedi, Sydney Harper, Nina Feldman and Marion Lozano, Chelsea Daniel and Listen and follow The DailyApple Podcasts | Spotify | StitcherThis episode contains strong language.This week, voters in San Francisco ousted Chesa Boudin, their progressive district attorney. The move was seen as a rejection of a class of prosecutors who are determined to overhaul the criminal justice system.But what happened to Mr. Boudin is really a fine point at the end of a much longer story.On today’s episodeAstead W. Herndon, a national political reporter for The New York Times.Chesa Boudin in San Francisco on Tuesday. The vote against him is set to reverberate through Democratic politics as the party fine-tunes its messaging on crime before the midterms.Gabrielle Lurie/San Francisco Chronicle, via Associated PressBackground readingBy ousting Mr. Boudin, voters in San Francisco put an end to one of the United States’ most pioneering experiments in criminal justice overhaul.The progressive backlash in California has sent a signal about the potency of law and order as a political message in 2022.There are a lot of ways to listen to The Daily. Here’s how.Transcripts of each episode are available by the next workday. You can find them at the top of the page.Astead W. Herndon contributed reporting.The Daily is made by Lisa Tobin, Rachel Quester, Lynsea Garrison, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Larissa Anderson, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Dan Powell, Dave Shaw, Sydney Harper, Robert Jimison, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Kaitlin Roberts, Rachelle Bonja, Diana Nguyen, Marion Lozano, Corey Schreppel, Anita Badejo, Rob Szypko, Elisheba Ittoop, Chelsea Daniel, Mooj Zadie, Patricia Willens, Rowan Niemisto, Jody Becker, Rikki Novetsky and John Ketchum.Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Paula Szuchman, Cliff Levy, Lauren Jackson, Julia Simon, Mahima Chablani, Sofia Milan, Desiree Ibekwe, Wendy Dorr, Elizabeth Davis-Moorer, Jeffrey Miranda, Renan Borelli and Maddy Masiello. More