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    Trump’s Ballot Eligibility Faces Challenges in These Other States, Too

    At least 16 states beyond Colorado currently have open legal challenges to the former president’s eligibility for office — but what happens next depends on the U.S. Supreme Court.This week’s decision by the Colorado Supreme Court to disqualify former President Donald J. Trump from holding office again was the first victory for a sprawling legal effort that is still unfolding across the country.At least 16 other states currently have pending legal challenges to Mr. Trump’s eligibility for office under the 14th Amendment, according to a database maintained by Lawfare, a nonpartisan site dedicated to national security issues. The lawsuits argue that he is barred because he engaged in an insurrection with his actions surrounding the Capitol riot on Jan. 6, 2021.Four of these lawsuits — in Michigan, Oregon, New Jersey and Wisconsin — have been filed in state courts. Eleven lawsuits — in Alaska, Arizona, Nevada, New York, New Mexico, South Carolina, Texas, Vermont, Virginia, West Virginia and Wyoming — have been filed in federal district courts.Cases in two of these states, Arizona and Michigan, were initially dismissed by a lower court but have been appealed. Another challenge has also been made in Maine.The Trump campaign has said it will appeal the ruling in Colorado, in which the State Supreme Court said it would put its decision on hold — meaning that it is not in effect — until Jan. 4, in hopes of receiving guidance from the U.S. Supreme Court.“We are also cognizant that we travel in uncharted territory, and that this case presents several issues of first impression,” the Colorado justices wrote, noting that their decision could change based on “the receipt of any order or mandate from the Supreme Court.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    ‘The Daily’: Why A Colorado Court Just Knocked Trump Off the Ballot

    Rob Szypko and Lisa Chow and Listen and follow The DailyApple Podcasts | Spotify | Amazon MusicThe Colorado Supreme Court ruled on Tuesday that former President Donald J. Trump is barred from holding office under the 14th Amendment, which disqualifies those who engage in insurrection, and directed Mr. Trump’s name to be excluded from the state’s 2024 Republican primary ballot.Adam Liptak, who covers the court for The New York Times, explains the ruling and why the case is likely headed to the U.S. Supreme Court.On today’s episodeAdam Liptak, who covers the United States Supreme Court for The New York Times.Former President Donald J. Trump campaigned in Waterloo, Iowa, on Tuesday.Rachel Mummey for The New York TimesBackground readingTrump Is Disqualified From Holding Office, Colorado Supreme Court RulesColorado Ruling Knocks Trump Off Ballot: What It Means, What Happens NextRead the Colorado Supreme Court’s Decision Disqualifying Trump From the BallotThere are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.The Daily is made by Rachel Quester, Lynsea Garrison, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Dan Powell, Sydney Harper, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Rachelle Bonja, Diana Nguyen, Marion Lozano, Corey Schreppel, Rob Szypko, Elisheba Ittoop, Mooj Zadie, Patricia Willens, Rowan Niemisto, Jody Becker, Rikki Novetsky, John Ketchum, Nina Feldman, Will Reid, Carlos Prieto, Ben Calhoun, Susan Lee, Lexie Diao, Mary Wilson, Alex Stern, Dan Farrell, Sophia Lanman, Shannon Lin, Diane Wong, Devon Taylor, Alyssa Moxley, Summer Thomad, Olivia Natt, Daniel Ramirez and Brendan Klinkenberg.Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Paula Szuchman, Lisa Tobin, Larissa Anderson, Julia Simon, Sofia Milan, Mahima Chablani, Elizabeth Davis-Moorer, Jeffrey Miranda, Renan Borelli, Maddy Masiello, Isabella Anderson and Nina Lassam. More

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    Read the Colorado Supreme Court’s Decision Disqualifying Trump From the Ballot

    Martinez Law, LLC

    Esteban A. Martinez

    Longmont, Colorado

    Attorneys for Amicus Curiae Professor Mark A. Graber: The Paul Wilkinson Law Firm LLC

    Nelson Boyle

    Denver, Colorado

    Attorneys for Amici Curiae Kansas Republican Party, Delaware Republican Party, Michigan Republican Party, North Dakota Republican Party, Oklahoma Republican Party, West Virginia Republican Party, Wisconsin Republican Party, Wyoming Republican Party, Delaware Republican Party, Georgia Republican Party, Nebraska Republican Party, Maine Republican Party, Idaho Republican Party, and Rhode Island Republican Party:

    McGowne Law Offices, P.A.

    Christopher J. McGowne Hays, Kansas

    Attorneys for Amicus Curiae Professor Kurt T. Lash: Illingworth Law, LLC

    David W. Illingworth II

    Woodland Park, Colorado

    Attorneys for Amicus Curiae Professor Derek T. Muller: Covenant Law PLLC

    Ian Speir

    Colorado Springs, Colorado

    Attorneys for Amici Curiae Republican National Committee, National Republican Senatorial Committee, and National Republican Congressional Committee:

    Brownstein Hyatt Farber Schreck, LLP

    Christopher O. Murray

    Julian R. Ellis, Jr.

    Denver, Colorado

    Attorneys for Amici Curiae States of Indiana, West Virginia, Alabama, Alaska, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North

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    Proud Boys Member Who Helped Prosecution Sentenced in Jan. 6 Attack

    Charles Donohoe, one of the members of the extremist group who cooperated with prosecutors, was sentenced to 40 months, slightly more than the time he has already been credited for.A former leader of the Proud Boys who helped the government investigate and prosecute others in the far-right group involved in the attack on the Capitol on Jan. 6, 2021, was sentenced on Tuesday to 40 months in prison for his own role in the assault.His sentence slightly exceeded the nearly 38 months he has been credited for since his arrest after the riot, meaning he is likely to be released in a little over two months.The former leader, Charles Donohoe, was the first member of the Proud Boys who cooperated with prosecutors to be sentenced for taking part in the Capitol attack.While Mr. Donohoe, who once ran a Proud Boys chapter in North Carolina, never testified in public against any of his compatriots, his sentence reflected the value that prosecutors placed on his assistance. His cooperation contributed, among other things, to four members of the organization — including its former chairman, Enrique Tarrio — being convicted of seditious conspiracy this spring.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    State Dept.’s Fight Against Disinformation Comes Under Attack

    The Global Engagement Center has become the focus of Republican-led criticism that the U.S. government coerces social media platforms into removing offensive content.A Republican-led campaign against researchers who study disinformation online has zeroed in on the most prominent American government agency dedicated to countering propaganda and other information operations from terrorists and hostile nations.The agency, the State Department’s Global Engagement Center, is facing a torrent of accusations in court and in Congress that it has helped the social media giants — including Facebook, YouTube and X — to censor Americans in violation of the First Amendment.The attorney general of Texas, Ken Paxton, and two conservative digital news outlets last week became the latest plaintiffs to sue the department and its top officials, including Secretary of State Antony J. Blinken. The lawsuit said the center’s work was “one of the most egregious government operations to censor the American press in the history of the nation.”The center faces a more existential threat in Congress. House Republicans blocked a proposal this month to reauthorize the center, which began in 2011 to counter the propaganda of terrorist groups like Al Qaeda and the Islamic State. A small agency, with a regular staff of 125 people, many of them contractors, and a budget of $61 million, the center coordinates efforts across the government to track and expose propaganda and disinformation from Russia, China and other adversaries. With its mandate set to expire at the end of next year, the center is now operating under a shroud of uncertainty, even though its supporters say there is no evidence to back the charges against it.If the Republicans hold firm, as a core bloc in the House appear determined to do, the center would disband amid two major regional wars and a wave of elections in 2024, including the U.S. presidential campaign.James P. Rubin, the center’s coordinator since early this year, disputed the allegations that his organization censored Americans’ comments online. The center’s legal mandate, he said, was to “focus on how foreign adversaries, primarily China and Russia, use information operations and malign interference to manipulate world opinion.”“What we do not do is examine or analyze the U.S. information space,” he said.The center’s fate has become enmeshed in a much broader political and legal campaign over free speech and disinformation that has gained enough traction to reach the Supreme Court.A lawsuit filed last year by the attorneys general of Missouri and Louisiana accused numerous government agencies of cajoling or coercing social media platforms into removing content that spread what officials called false or misleading information about the Covid-19 pandemic, the presidential election of 2020 and other issues.A federal court ruled in the plaintiffs’ favor in July, temporarily barring government officials from contacting officials with the companies except in matters of law enforcement or national security. An appeals court largely upheld the ruling in September but limited its reach, excluding several agencies from the lower court’s injunction against contacts, the Global Engagement Center among them.“There is no indication that State Department officials flagged specific content for censorship, suggested policy changes to the platforms or engaged in any similar actions that would reasonably bring their conduct within the scope of the First Amendment’s prohibitions,” wrote a three-judge panel for the United States Court of Appeals for the Fifth Circuit in New Orleans.The Global Engagement Center, which is part of the State Department, is facing a torrent of accusations in court and in Congress that it has helped the social media giants to censor Americans.J. Scott Applewhite/Associated PressThe Supreme Court is expected to weigh in next spring on the Missouri case, a decision that could have big ramifications for the government and free speech in the internet era. The campaign against researchers who study the spread of disinformation has already had a chilling effect on universities, think tanks and private companies, which have found themselves smothered by subpoenas and legal costs.The efforts have been fueled by disclosures of communications between government officials and social media companies. Elon Musk who released a selection of messages after he purchased Twitter, since rebranded as X, called the Global Engagement Center “the worst offender in US government censorship & media manipulation.”“They are a threat to democracy,” wrote Mr. Musk, who has restored numerous accounts that Twitter had suspended for violating the platform’s guidelines for disinformation, hate speech and other content. (Over the weekend, he allowed the return of Alex Jones, a far-right conspiracy theorist who spent years falsely claiming the Sandy Hook Elementary School shooting in 2012 was a hoax.)The Global Engagement Center has faced criticism before — not over censorship, but for having little effect at a time when global propaganda and disinformation has become more pernicious than ever with the rise of social media.A report by the State Department’s inspector general last year said the center suffered from a sclerotic bureaucracy that limited its ability to manage contractors and failed to create a strategic planning process that could measure its effectiveness. The department accepted the findings and promised to address them, the report said.Mr. Rubin, who was appointed at the end of last year, has sought to bolster the center’s core mission: challenging disinformation from foreign adversaries intent on undermining American democracy and influence around the world.In September, the center released a sweeping report that accused China’s Communist Party of using “deceptive and coercive methods” to try to control the global information environment. A month later it released two reports on Russia’s covert influence efforts in South America, including one intended to pre-empt an operation before it got off the ground.The Global Engagement Center began in 2011 to counter the propaganda of terrorist groups like Al Qaeda and the Islamic State.Jon Elswick/Associated PressThe center has had regular interactions with the social media companies, but, the appeals court ruled, there is no evidence that its officials coerced or otherwise influenced the platforms. Federal regulations prohibit any agency from engaging in propaganda at home.“We are not in the business of deciding what is true or not true,” Mr. Rubin said, adding that the center’s role was to identify “the hidden hand” of foreign propaganda.Since the Republicans took control of the House of Representatives in January, however, the Global Engagement Center has faced numerous subpoenas from a subcommittee investigating the “weaponization of government,” as well as depositions in lawsuits and requests for records under the Freedom of Information Act.At public hearings, House Republicans have repeatedly threatened not to renew the center’s expiring mandate and have grilled department officials about Americans whose accounts have been suspended. “The onus on you is to change my mind,” Representative Brian Mast, a Republican from Florida, told Daniel Kimmage, the center’s principal deputy coordinator, at a hearing in October.The Democrats in both houses of Congress and the Republicans in the Senate reached an agreement to extend the center’s mandate as part of the defense authorization act — one of the few pieces of legislation that might actually pass this year — but House Republicans succeeded in stripping the provision out of the broader legislation.The plaintiffs in the lawsuit filed last week in Texas argued that the department had in effect sidestepped its legal constraints by providing grants to organizations that routinely identify sources of disinformation in public reports and private interactions with social media platforms. The organizations include the Global Disinformation Index, a nonprofit based in London; and NewsGuard, a company in New York.The two news organizations that joined Texas in filing the suit — The Federalist and The Daily Wire — were both listed by the Global Disinformation Index in a December 2022 report as having a high risk for publishing disinformation. (The New York Times was among those rated as having a minimum risk. The Times’s website, the report said, “was not always free of bias, but it generally avoided targeting language and adversarial narratives.”)The center’s grant to the group — $100,000 in total — went to a project focused on disinformation in Southeast Asia. But the lawsuit claimed that its support injured the outlets “by starving them of advertising revenue and reducing the circulation of their reporting and speech — all as a direct result of defendants’ unlawful censorship scheme.”Josh Herr, The Daily Wire’s general counsel, said the outlet might never know “the full extent of the business lost.”“But this lawsuit is not about quantifying those losses,” he said. “We are not seeking damages. What we are seeking is to protect our rights, and all publishers’ rights, under the First Amendment.”Nina Jankowicz, a researcher who briefly served as the head of a disinformation advisory board at the Department of Homeland Security last year before controversy scuttled her appointment and the board itself, said the argument that the State Department was responsible for the impact of research it did not finance was absurd.Ms. Jankowicz said that the campaign to cast efforts to fight disinformation as a form of censorship had proved politically effective even when evidence did not support the claims.“I think any American, when you hear, ‘Oh, the administration, the White House, is setting up something to censor Americans, even if that has no shred of evidence behind it, your ears are going to prick up,” she said. “And it’s really hard to disprove all that.” More

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    La Corte Suprema analizará el cargo de obstrucción en el caso de Trump por el asalto del 6 de enero

    La decisión de admitir el caso complicará y quizá retrase el inicio del juicio de Trump, que ahora está previsto que se celebre en Washington en marzo.La Corte Suprema aceptó el miércoles analizar un caso que podría poner en entredicho el procesamiento de cientos de alborotadores que irrumpieron en el Capitolio el 6 de enero de 2021 y retrasar —o limitar el alcance— del juicio del expresidente Donald Trump por cargos federales de intentar anular su derrota electoral.Lo que está en juego es si el gobierno puede acusar a los imputados en los casos en virtud de una ley federal que tipifica como delito la obstrucción corrupta de un procedimiento oficial. La ley está en el centro de los procesamientos de muchos partidarios de Trump que, en 2020, trataron de bloquear la certificación de la victoria de Joe Biden en el Congreso. También es una parte clave del proceso federal que acusa a Trump de conspirar para mantenerse en el poder, a pesar de la voluntad de los votantes.La decisión de admitir el caso complicará y quizá retrase el inicio del juicio de Trump, que ahora está previsto que se celebre en Washington en marzo. Es probable que la sentencia definitiva de la Corte Suprema, que es posible que no se produzca hasta junio, aborde la viabilidad de dos de los principales cargos contra Trump. Y podría obstaculizar de manera grave los esfuerzos del fiscal especial, Jack Smith, para responsabilizar al expresidente de la violencia desatada por sus partidarios en el Capitolio.La eventual decisión de la corte también podría invalidar las condenas que ya se han dictado contra decenas de seguidores de Trump que participaron en el asalto. Eso supondría un duro golpe para las acusaciones del gobierno en los casos de los disturbios del 6 de enero.El caso que la corte admitió afecta a Joseph Fischer, acusado de siete cargos por su participación en el ataque al Capitolio. Los fiscales afirman que agredió a la policía mientras el Congreso se reunía para certificar los resultados de las elecciones de 2020. Al igual que otros cientos de alborotadores cuyas acciones perturbaron el procedimiento de certificación en el Capitolio, Fischer fue acusado del cargo de obstrucción, formalmente conocido como 18, USC, 1512.Fischer solicitó la desestimación de una parte de la acusación presentada en virtud de la ley de obstrucción, que se aprobó como parte de la Ley Sarbanes-Oxley de 2002, una medida dirigida principalmente contra los delitos de cuello blanco. Los fiscales han utilizado habitualmente la acusación de obstrucción, en lugar de cargos más polémicos como insurrección o conspiración sediciosa, para describir cómo los miembros de la turba pro-Trump perturbaron el traspaso pacífico del poder presidencial.El año pasado, el juez Carl J. Nichols, del Tribunal Federal de Distrito de Washington, accedió a la petición de desestimación de Fischer, afirmando que la ley exigía que los acusados realizaran “alguna acción con respecto a un documento, registro u otro objeto”, algo que, según él, faltaba en la conducta de Fischer en el Capitolio.Un panel dividido de tres jueces del Tribunal de Apelaciones de EE. UU. para el Circuito del Distrito de Columbia revocó finalmente la decisión del juez Nichols, dictaminando que la ley “se aplica a todas las formas de obstrucción corrupta de un procedimiento oficial”. Tres acusados del 6 de enero, entre ellos Fischer, le pidieron finalmente a la Corte Suprema que decidiera si la ley se había aplicado correctamente en el caso del Capitolio.La acusación de obstrucción nunca fue fácil de incluir en los casos derivados del asalto al Capitolio. Cuando se aprobó a principios de la década de 2000, la ley pretendía frenar la prevaricación empresarial al prohibir cosas como la destrucción de documentos o la manipulación de testigos o pruebas.Los abogados defensores que representan a los alborotadores del 6 de enero han argumentado que los fiscales federales ampliaron indebidamente su alcance para abarcar la violencia que estalló en el Capitolio e interfirió en el procedimiento en el que los legisladores se habían reunido para certificar los resultados de las elecciones.Los abogados también discreparon con el uso de la acusación contra las personas que irrumpieron en el Capitolio, afirmando que muchas no actuaban de forma “corrupta”, como exige la ley, porque creían que protestaban contra unas elecciones robadas.“La ley se ha utilizado para criminalizar en exceso los casos del 6 de enero”, dijo Norm Pattis, abogado de Jake Lang, uno de los tres acusados que recurrieron a la Corte Suprema. “El Congreso nunca pretendió eso”.Pattis dijo que la revisión de la corte era “significativa” en cientos de causas penales derivadas de la revuelta del Capitolio y que era “una razón más para retrasar la causa de 2024 contra Donald Trump”.Dos de los cuatro cargos de la acusación federal de interferencia electoral contra Trump se basan en el cargo de obstrucción. Se le acusa de obstruir personalmente el procedimiento de certificación en el Capitolio el 6 de enero y también se enfrenta a un cargo de conspirar con otras personas para obstruir el procedimiento.La revisión de la corte, aunque es potencialmente perjudicial para la acusación, no afectaría a los otros dos cargos contra Trump. Uno de ellos lo acusa de conspirar para defraudar a Estados Unidos mediante la mentira de que le habían robado las elecciones, en un esfuerzo por revertir su derrota. El otro lo acusa de conspirar para privar a millones de estadounidenses del derecho a que se cuenten sus votos.Sin embargo, si la Corte Suprema determina que la ley de obstrucción no se aplica al ataque de la turba en el Capitolio, podría paralizar los planes de Smith de responsabilizar a Trump de la violencia.Documentos judiciales recientes sobre el caso de las elecciones han sugerido claramente que los fiscales planeaban utilizar la acusación de obstrucción para mostrar al jurado videos gráficos del ataque al Capitolio y tal vez introducir el testimonio de los alborotadores que afirman que asaltaron el edificio siguiendo instrucciones de Trump.La posibilidad de que la corte revise —y pueda invalidar— el recuento de obstrucción se ha cernido sobre el caso de las elecciones de Trump durante meses. Pero la reciente decisión de la corte se produjo en un momento especialmente delicado: dos días después de que Smith pidiera a los jueces que aceleraran la apelación de los distintos intentos de Trump de anular el caso basándose en alegaciones de inmunidad presidencial.Aunque la Corte Suprema aún no ha decidido si considerará los argumentos de inmunidad de Trump, en una semana se ha visto profundamente implicado en el procedimiento de injerencia electoral. Sus decisiones sobre la acusación de obstrucción y sobre la inmunidad podrían alterar radicalmente la forma, el alcance y el calendario del caso, que durante mucho tiempo ha parecido que sería la primera de las cuatro acusaciones a las que se enfrentaría Trump.La fiscala general, Elizabeth Prelogar, había instado a los jueces a denegar la revisión del caso, alegando que la ley era lo suficientemente amplia como para abarcar las acciones de Fischer aunque no se vieran afectados documentos u otros objetos.“Un acusado obstruye un procedimiento oficial impidiendo físicamente que se lleve a cabo, como ocurrió aquí cuando los demandantes y otras personas ocuparon violentamente el Capitolio durante varias horas e impidieron así que la sesión conjunta del Congreso realizara su trabajo”, escribió.Añadió que, en cualquier caso, se trataba de documentos.“Impedir que los miembros del Congreso validaran los certificados estatales constituye, por tanto, una obstrucción centrada en las pruebas”, escribió, añadiendo que la revisión era prematura. “Como mínimo, debería permitirse al gobierno presentar su caso ante un jurado y demostrar que los peticionarios obstruyeron un procedimiento impidiendo (en parte) que los responsables de la toma de decisiones pertinentes vieran las pruebas en el momento y lugar especificados para ese efecto”.Independientemente de cómo se pronuncie finalmente la Corte Suprema, es probable que los abogados de Trump utilicen su decisión de revisar la acusación de obstrucción para reforzar sus argumentos de que el juicio en Washington debería aplazarse, quizá hasta después de que se decida la campaña presidencial de 2024.Desde el inicio del caso, Trump ha seguido una persistente estrategia de retraso. Si puede retrasar el juicio hasta después de las elecciones y ganar la contienda, estaría en condiciones de ordenar sencillamente que se retiraran los cargos contra él.Alan Feuer cubre el extremismo y la violencia política para el Times, centrándose en los casos penales relacionados con el atentado del 6 de enero en el Capitolio y contra el expresidente Donald Trump. Más sobre Alan FeuerAdam Liptak cubre la Corte Suprema y escribe Sidebar, una columna sobre novedades jurídicas. Licenciado por la Facultad de Derecho de Yale, ejerció la abogacía durante 14 años antes de incorporarse al Times en 2002. Más sobre Adam Liptak More

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    Justices to Decide Scope of Obstruction Charge Central to Trump’s Jan. 6 Case

    A ruling by the Supreme Court could affect the cases of hundreds of people charged in connection with the Capitol attack — and potentially the prosecution of Donald J. Trump.The Supreme Court agreed on Wednesday to hear a case that could upend the prosecutions of hundreds of rioters who stormed the Capitol on Jan. 6, 2021, and delay — or limit the scope of — former President Donald J. Trump’s trial on federal charges of trying to overturn his election defeat.At issue is whether the government can charge defendants in the cases under a federal law that makes it a crime to corruptly obstruct an official proceeding. The law is at the heart of the prosecutions of many members of the pro-Trump mob that sought to block the congressional certification of Joseph R. Biden Jr.’s victory in 2020. It is also a key part of the federal indictment accusing Mr. Trump of plotting to remain in power despite the will of the voters.The decision to hear the case will complicate and perhaps delay the start of Mr. Trump’s trial, now scheduled to take place in Washington in March. The Supreme Court’s ultimate ruling, which may not arrive until June, is likely to address the viability of two of the main counts against Mr. Trump. And it could severely hamper efforts by the special counsel, Jack Smith, to hold the former president accountable for the violence of his supporters at the Capitol.The court’s eventual decision could also invalidate convictions that have already been secured against scores of Mr. Trump’s followers who took part in the assault. That would be an enormous blow to the government’s prosecutions of the Jan. 6 riot cases.The case the court agreed to hear involves Joseph Fischer, who was indicted on seven charges for his role in the Capitol attack. Prosecutors say he assaulted the police as Congress met to certify the results of the 2020 election. Like hundreds of other rioters whose actions disrupted the certification proceeding in the Capitol, Mr. Fischer was charged with the obstruction count, formally known as 18 U.S.C. 1512.Mr. Fischer sought dismissal of a portion of the indictment brought under the obstruction law, which was passed as part of the Sarbanes-Oxley Act of 2002, a statute aimed primarily at white-collar crime. Prosecutors have routinely used the obstruction charge, in lieu of more politically contentious counts like insurrection or seditious conspiracy, to describe how members of the pro-Trump mob disrupted the peaceful transfer of presidential power.Last year, Judge Carl J. Nichols of the Federal District Court in Washington granted Mr. Fischer’s motion to dismiss, saying that the law required defendants to take “some action with respect to a document, record or other object” — something he said was missing from Mr. Fischer’s conduct at the Capitol.A divided three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit eventually reversed Judge Nichols’s decision, ruling that the law “applies to all forms of corrupt obstruction of an official proceeding.” Three Jan. 6 defendants, including Mr. Fischer, ultimately asked the Supreme Court to decide whether the law had been properly applied to the Capitol attack.The obstruction charge was never an easy fit in the cases stemming from the storming of the Capitol. When it was passed in the early 2000s, the law was aimed at curbing corporate malfeasance by outlawing things like destroying documents or tampering with witnesses or evidence.Defense lawyers representing Jan. 6 rioters have argued that federal prosecutors improperly stretched its scope to cover the violence that erupted at the Capitol and interfered with the proceeding in which lawmakers had gathered to certify the results of the election.The lawyers also took issue with using the charge against people who stormed the Capitol, saying that many were not acting “corruptly,” as the law requires, because they believed they were protesting a stolen election.“The statute has been used to over-criminalize the Jan. 6 cases,” said Norm Pattis, a lawyer for Jake Lang, one of the three defendants who appealed to the Supreme Court. “Congress never intended that.”Mr. Pattis said the Supreme Court’s review was “significant” in hundreds of criminal cases stemming from the Capitol riot and was “yet another reason the 2024 case against Donald Trump should be delayed.”Two of the four counts in the federal election interference indictment against Mr. Trump are based on the obstruction charge. He has been accused of personally obstructing the certification proceeding at the Capitol on Jan. 6 and faces a separate count of conspiring with others to obstruct the proceeding.The Supreme Court’s review, while potentially damaging to the indictment, would not affect the other two charges against Mr. Trump. One accuses him of conspiring to defraud the United States by using relentless lies that the election had been stolen from him in an effort to reverse his defeat. The other charges him with plotting to deprive millions of Americans of the right to have their votes counted.Still, if the Supreme Court finds that the obstruction law does not apply to the mob attack at the Capitol, it could cripple plans by Mr. Smith to pin the violence on Mr. Trump.Recent court papers in the election case have strongly suggested that prosecutors were planning to use the obstruction charge as a way to show the jury graphic videos of the Capitol attack and perhaps even introduce testimony from rioters claiming that they stormed the building on Mr. Trump’s instructions.The possibility that the Supreme Court could review — and one day invalidate — the obstruction count has been looming over Mr. Trump’s election case for months. But the court’s decision to act on Wednesday came at a particularly delicate moment: two days after Mr. Smith asked the justices to fast-track an appeal of Mr. Trump’s separate attempts to have the case tossed out on broad claims of presidential immunity.While the Supreme Court has not yet decided whether to consider Mr. Trump’s immunity arguments, it has — in the span of a week — become deeply entangled in the election interference proceeding. Its decisions on the obstruction charge and on immunity could radically alter the shape, scope and timing of the case, which has long seemed as though it would be the first of the four indictments Mr. Trump is facing to go before a jury.Solicitor General Elizabeth B. Prelogar had urged the justices to deny review in the case, saying the law was broad enough to cover Mr. Fischer’s actions even if no documents or other objects were affected.“A defendant obstructs an official proceeding by physically blocking it from occurring — as happened here when petitioners and others violently occupied the Capitol for several hours and thereby prevented the joint session of Congress from doing its work,” she wrote.She added that documents were at issue in the case in any event.“Preventing the members of Congress from validating the state certificates thus constitutes evidence-focused obstruction,” she wrote, adding that review was premature. “At a minimum, the government should be permitted to present its case to a jury and prove that petitioners obstructed a proceeding by (in part) preventing the relevant decision makers from viewing the evidence at the time and place specified for that purpose.”Regardless of how the Supreme Court ultimately rules, Mr. Trump’s lawyers are likely to use its decision to review the obstruction charge to bolster their arguments that the trial in Washington should be postponed, perhaps until after the 2024 presidential race is decided.From the start of the case, Mr. Trump has pursued a persistent strategy of delay. If he can push the trial until after the election and win the race, he would be in a position to simply order the charges against him to be dropped. More

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    Donald Tusk, a Man of Eclectic Identities, Returns to Power in Poland

    The opposition leader was endorsed by Parliament as the country’s next prime minister, unseating the right-wing Law and Justice party that had long denounced him as unfit to rule.It was just minutes after Donald Tusk made his triumphant return as Poland’s leader that his archenemy stepped to the podium in Parliament to rain acid on his parade.“I don’t know who your grandfathers were but I know one thing: You are a German agent, just a German agent,” growled Jaroslaw Kaczynski, the chairman of Law and Justice, the right-wing party that, until Monday, had held all the reins of power.The accusation, one of many smears aimed at Mr. Tusk over a political career stretching back to the 1980s, came after Parliament endorsed Mr. Tusk as prime minister, stirring joy and relief among Polish liberals and pro-European centrists.The attack reflected the no-holds-barred approach to Polish politics after eight years of Law and Justice rule. But it also highlighted the difficulties for many in Poland of pinning down who their country’s next leader is and where he stands.In a country that has been largely mono-ethnic and monolingual since the end of World War II, Mr. Tusk stands out as a man of eclectic identities, interests and linguistic talents.As Parliament on Tuesday debated whether to endorse a cabinet proposed by Mr. Tusk, one of his most strident critics, the far-right legislator Grzegorz Braun, used a fire extinguisher to put out Hanukkah candles during an event with members of the Jewish community.The new government lineup later won a vote of confidence as expected.Mr. Tusk has described himself as having four parallel identities: a proud son of Gdansk, the formerly German port city of Danzig on the Baltic Sea; a Kashubian, an ethnic minority native to northern Poland with its own language and traditions; a Pole and a European.He speaks Polish, Kashubian, German and English, a language he barely knew when he took a break from Polish politics in 2014, to take a senior job in Brussels, but mastered quickly.Jaroslaw Kaczynski, leader of Poland’s Law and Justice party, left the plenary hall of the Parliament as Mr. Tusk spoke on Tuesday.Wojtek Radwanski/Agence France-Presse — Getty ImagesBeing Polish, Mr. Tusk said in 2014, when he became president of the European Council is “my main identity” but the others matter, too — a position that baffles Mr. Kaczynski and other Polish nationalists, who see allegiance to the Polish state as indivisible.Riina Kionka, a diplomat from Estonia who advised Mr. Tusk in Brussels, remembers him as both a “passionate European” and a “proud Pole determined to lead his country.”Mr. Tusk always had “his two feet firmly on the ground” and sought compromise rather than total victory, she said. “He always told us: ‘It is better to have part of something than all of nothing.’”This distaste for all-or-nothing dogmatism led some to question the convictions of a politician who began his career in a circle of radical free-market believers but who, in Poland’s recent campaign, promised to preserve a raft of welfare payments introduced by Law and Justice.Asked in 2013 whether he had changed his earlier views, he quoted the philosopher Leszek Kolakowski, a former Marxist who, after leaving Poland, became a trenchant critic of communism and described himself as a “liberal conservative socialist.” That, Mr. Tusk said, described his own views.“He is a political cherry picker,” said Jarolaw Kuisz, the author of a recent book, “The New Politics of Poland.” He added, “He takes what he sees as the best bits from every part of the spectrum.”Active in politics for more than 40 years, Mr. Tusk started out as a youth activist and journalist with Solidarity in Gdansk. After communism’s collapse, he went on to win two consecutive terms as prime minister, though he cut short the second to take the Brussels position.Mr. Tusk, when he was president of the European Council, in Gdansk in 2019.Adam Warzawa/EPA, via ShutterstockThe job that perhaps prepared him best for his current role, juggling implacable hostility from Law and Justice and tensions within his diverse alliance of supporters, however, was one he took in the 1980s in Gdansk, after communist authorities imposed martial law.Unable to find regular work after being briefly arrested, he took a job scaling chimneys and high buildings with mountaineering gear so as to paint or repair them.This “high-altitude work,” Mr. Tusk later recalled, involved being a “crazy alpinist” and equipped him to calibrate results and risk, a useful political skill. Wladyslaw Kosiniak-Kamysz, leader of the Polish Peasants Party and Mr. Tusk’s candidate for defense minister, praised him Monday for taking the risk of leaving Brussels to return to Polish politics in 2021, starting what seemed a long-shot effort to beat Law and Justice.“He showed courage when he abandoned a comfortable life,” he said. “He abandoned lucrative posts and came back here.”Mr. Tusk’s flexibility has alarmed some progressives. They loathe Law and Justice but complain that Mr. Tusk has not rallied more forcefully to their side on issues like abortion, on which the outgoing government imposed a near total ban and which Mr. Tusk did nothing to liberalize when he was prime minister.A pro-European Union demonstration following a ruling of the Constitutional Court against the primacy of E.U. law in Poland, in Warsaw on October. Wojtek Radwanski/Agence France-Presse — Getty ImagesMr. Tusk declared women’s rights the “No. 1 issue” in Poland this year but, ahead of the general election, removed from his party’s list of candidates an activist who called for allowing for abortion at any stage of pregnancy, a position that risked alienating voters.His party, Civic Coalition, wants to liberalize Poland’s harsh abortion law but only to allow termination up to the 12th week of pregnancy.Zuzanna Dąbrowska, a veteran political journalist, said Mr. Tusk deserved credit for addressing an issue that most politicians avoided. “The majority in Poland has the same opinion that policy on abortion should be more liberal. But politicians have done everything to avoid this reality.”To become prime minister, Mr. Tusk stitched together an array of diverse opposition parties that together won a clear majority of seats in Parliament, and joined forces on Monday to reject Law and Justice’s nominee as prime minister and select Mr. Tusk. They include a leftist grouping, the center-right Polish Peasants Party and hard-line free-market liberals.“To be a good prime minister you must be everything but sometimes you can’t combine water and fire,” said Bartosz Rydlinski, a political scientist at Cardinal Stefan Wyszynski University in Warsaw. “You cannot have low taxes and an effective welfare state. This is Tusk’s biggest challenge.”A fan of Miles Davis who studied history at university, Mr. Tusk has sometimes alienated potential voters, particularly more traditional-minded ones in small rural towns and villages.Mr. Tusk offended millions of Poles in 2005 by dismissing conservatives as a “mohair coalition” — a reference to the berets many older women wear to church. Mr. Tusk apologized but struggled for years to shake off an image of haughty contempt.The candidates Lech Kaczynski of Law and Justice and Mr. Tusk of Civic Platform during a TV debate three days ahead of the first round of presidential elections, in 2005.Tomasz Gzell/European Pressphoto AgencyHe has since talked about his youth in what he describes as “poverty” in Gdansk, particularly after his father, a carpenter, died when he was 14, and how he used to hang out with street toughs. His older sister, he says, helped set him straight.As a university student and then a journalist and youth activist with Solidarity, he embraced free-market economics. He helped found the Liberal Democratic Congress, a group of anti-communist free-marketeers. After the 1990 election of the Solidarity leader Lech Walesa as president, he was involved in managing the privatization of state assets.Widespread public discontent with economic “shock therapy” crushed his early political ambitions. His party’s defeat in a 1993 election dampened his faith in free-market orthodoxy.“He realized he had to follow political currents and adjust to reality,” said Ms. Dąbrowska. “He has been doing this ever since — adjusting his views and himself to political reality.”After retreating from politics for four years to write books, he won a seat in the Polish senate and then helped set up Civic Platform, a liberal party. He became prime minister after the party won a 2007 election, and served a second time after another victory in 2011.He boasted after his second triumph, “we have no one left to lose to” and, to the dismay of many supporters, decamped to Brussels before finishing his second term.A year after his departure, Law and Justice defeated his party in a parliamentary election and won an upset in a presidential race. “He was arrogant and misjudged the situation,” said Mr. Kuisz.But Law and Justice recently made the same mistake, misjudging Mr. Tusk’s ability to reach out to voters after seven years in Brussels.“He was presented as a lofty liberal and came back unsure of his success but determined to fight,” said Mr. Kuisz. “From Brussels he was suddenly everywhere in small towns and villages doing basic grass-roots politics.”Mr. Tusk addressing the Polish Parliament on Tuesday.Pawel Supernak/EPA, via Shutterstock More