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      The Lawyers Now Turning on Trump

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      Clare Toeniskoetter and Marion Lozano and Listen and follow The DailyApple Podcasts | Spotify | Amazon MusicOver the past few days, two of the lawyers who tried to help former President Donald J. Trump stay in power after losing the 2020 election pleaded guilty in a Georgia racketeering case and have agreed to cooperate with prosecutors against him.Richard Faussett, who writes about politics in the American South for The Times, explains why two of Mr. Trump’s former allies have now turned against him.On today’s episodeRichard Fausset, a correspondent for The New York Times covering the American South.The two lawyers pleading guilty in the Georgia case are Sidney Powell, left, and Kenneth Chesebro.Photos: Jonathan Ernst/Reuters; Pool photo by Alyssa PointerBackground readingSidney Powell, a member of the Trump legal team in 2020, pleaded guilty and will cooperate with prosecutors seeking to convict the former president in an election interference case in Georgia.Kenneth Chesebro, a Trump-aligned lawyer, also pleaded guilty in Georgia.There 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.Richard Fausset More

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      Trump Fined $5,000 for Violating Gag Order in NY Fraud Trial

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      The former president used social media to attack a clerk for the judge in his civil fraud case, and left a copy of the post online for weeks.The judge presiding over the civil fraud trial of Donald J. Trump fined the former president $5,000 on Friday for a “blatant violation” of a gag order imposed this month.The judge, Arthur F. Engoron, stopped short of holding Mr. Trump in contempt but warned that the former president still could face harsher punishments, even jail time, if he ran afoul of the order again.In the trial’s opening days, Justice Engoron had barred Mr. Trump from attacking his court staff after the former president posted a picture on social media of Justice Engoron’s law clerk, Allison Greenfield, with Senator Chuck Schumer, the majority leader. Mr. Trump labeled Ms. Greenfield “Schumer’s girlfriend” and said she was “running this case against me.”A spokeswoman for Mr. Schumer this month called the social media post “ridiculous, absurd, and false,” adding that the senator did not know Ms. Greenfield.Mr. Trump’s post was removed from his social media platform, Truth Social, on Oct. 3, the day Justice Engoron imposed the gag order, but a copy of the post remained visible on his campaign website.The post was finally removed from the website around 10 p.m. on Thursday, after Justice Engoron learned of it and contacted Mr. Trump’s legal team. A lawyer for Mr. Trump, Christopher M. Kise, said in court on Friday that the failure to remove the post sooner was “inadvertent.” He apologized on behalf of Mr. Trump.In a new order on Friday, Justice Engoron said he had imposed only a “nominal” $5,000 fine because it was Mr. Trump’s first violation and an unintentional error, but he warned that additional infractions would merit harsher punishments.“Make no mistake: future violations, whether intentional or unintentional, will subject the violator to far more severe sanctions,” Justice Engoron wrote. He said possible punishments included steeper fines, holding Mr. Trump in contempt of court and “possibly imprisoning him.”The judge added that, “In the current overheated climate, incendiary untruths can, and in some cases already have, led to serious physical harm, and worse.”Mr. Trump, who has frequently attacked judges, prosecutors and witnesses in the civil and criminal cases against him, is subject to limitations on his speech not only in the Manhattan fraud case, but a federal case in which he is accused of trying to overturn the results of the 2020 election.The judges overseeing the cases must strike a balance between respecting the First Amendment rights of a man seeking the White House again and keeping their courts orderly and dignified.They also must consider what would be an effective punishment — and deterrent — for a man who estimates his net worth in the billions.In the gag order, Justice Engoron had said that personal attacks on his staff were “unacceptable” and that he would “not tolerate them under any circumstances.”He forbade any posts, emails or public remarks about his staff members, adding that serious punishments would follow were he disobeyed.Both his gag order and the one levied by Judge Tanya S. Chutkan, the federal judge in Washington overseeing the election case, leave Mr. Trump wide ambit for comment.Judge Chutkan’s written order, put on hold Friday for more arguments, prevents Mr. Trump from making public comments targeting her staff, the special counsel Jack Smith and his employees, and “any reasonably foreseeable witnesses.”But Mr. Trump remains free to criticize his political opponents, the judges themselves and an American justice system he has described as rigged against him.Mr. Trump has also taken aim at Letitia James, the New York attorney general, who brought the civil fraud case against him, his adult sons and their family business.Ms. James has accused them of fraudulently inflating Mr. Trump’s net worth to obtain favorable loans from banks. The trial will continue next week with the testimony of Michael D. Cohen, Mr. Trump’s former fixer turned nemesis.Mr. Trump himself was absent from the proceedings on Friday, but he attended the trial earlier in the week, using the camera-lined hallway outside the courtroom to issue periodic statements on his legal cases and political matters. In person, he did not come close to violating Justice Engoron’s order. More

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      Supreme Court Delays Efforts to Redraw Louisiana Voting Map

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      The Louisiana dispute is one of several voting rights cases churning through the courts that challenge a state’s congressional map.The Supreme Court on Thursday upheld a lower-court ruling that delays an effort to redraw Louisiana’s congressional map, prolonging a bitter clash over the representation of Black voters in the state.The order temporarily leaves in place a Republican-drawn map that a federal judge had said diluted the power of Black voters while an appeal moves through the lower courts.Civil rights groups had sought emergency relief from the Supreme Court after a federal appeals court abruptly canceled a scheduled hearing aimed at drafting a new map for Louisiana. That map was to include two districts in which Black voters represent a large enough share of the population to have the opportunity to select a candidate. The appeals court said that the state legislature should have more time to redraw its own map before a lower court stepped in.The Supreme Court’s order was unsigned, which is typical when the justices rule on emergency applications, and there were no public dissents.Justice Ketanji Brown Jackson, in a brief concurring opinion, emphasized that Louisiana should resolve the dispute in time for the 2024 election.In asking the Supreme Court to intervene, the plaintiffs had argued that delays in the case could complicate efforts to instate a new map by the next election, leaving the state with a version that lumps Black voters from different parts of the state into one voting district, diluting their power.By the time the Supreme Court issued its order on Thursday, a hearing date had passed. Another has been set for February.The consolidated cases, Galmon v. Ardoin and Robinson v. Ardoin, are part of a larger fight over redistricting. State lawmakers in the South have contested orders to refashion congressional maps and establish additional districts to bolster Black representation. The outcomes could help tilt control of the House, where Republicans hold a razor-thin majority.Weeks earlier, the court refused a similar request by Alabama, which had asked the justices to reinstate a map with only one majority-Black district. A lower court had found that Republican lawmakers blatantly disregarded its order to create a second majority-Black district or something “close to it.”At issue in Louisiana is a voting map passed by the Republican-controlled Legislature in the winter of 2022. The map carved the state into six districts, with only one majority-Black district, which joined Baton Rouge and New Orleans, the state’s two largest cities. About a third of the population in the state is Black.The case has reached the Supreme Court before.A coalition that included the N.A.A.C.P. Louisiana State Conference, the Power Coalition for Equity and Justice and Louisiana voters sued state officials and said the map unfairly weakened the power of Black voters.A district court, siding with the plaintiffs, temporarily blocked Louisiana from using its map in any upcoming elections. A new map, it said, should include an additional district where Black voters could choose a representative. The court gave the Legislature until June 20, 2022, to sign off on a redrawn map.Louisiana immediately appealed to the U.S. Court of Appeals for the Fifth Circuit, in New Orleans, and a three-judge panel unanimously denied the request. The state then asked the Supreme Court to intervene.The Supreme Court paused the case until it ruled in the Alabama case, Allen v. Milligan, which concerned similar questions. That essentially allowed the Republican-drawn map in Louisiana to go into effect during the 2022 election.The court lifted the pause in June after a majority of the justices, in a surprise decision, found Alabama’s map had unfairly undercut the power of Black voters. The justices said the appeals court should review the case before the 2024 elections. More

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      Trump’s Trial Starts Monday. It Will Spotlight What He’s Really Worth.

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      The judge in the civil case has already decided Donald J. Trump inflated his financial statements. Now, he will make rulings that will affect Mr. Trump’s future as a businessman.Follow our live coverage of Trump’s civil fraud trial.From his earliest days as a real estate developer to his renegade run for the White House, Donald J. Trump honed a very particular skill: the art of the boast.“I look better if I’m worth $10 billion than if I’m worth $4 billion,” he once said, disputing his ranking on the Forbes billionaires list.After decades of exaggerating with impunity, Mr. Trump will go on trial Monday, facing a lawsuit brought by New York’s attorney general, Letitia James, that accuses him of inflating his riches by billions of dollars and crossing the line into fraud. It will be the first of several government trials he will face in the coming year, a procession of high-stakes courtroom battles that coincide with his third White House run.And it will be an avidly scrutinized spectacle that will lift the curtain on Mr. Trump’s reputation as a businessman, a core piece of his identity.Ms. James’s civil case, separate from Mr. Trump’s four criminal indictments, accuses the former president, his adult sons and their family business of inflating the value of Mr. Trump’s assets to secure favorable loan terms from banks. Mr. Trump, who has denied wrongdoing, is expected to attend the opening day of the trial and eventually will be called to testify.Before the trial even begins, Mr. Trump is losing. The New York State Supreme Court judge overseeing the case ruled last week that Mr. Trump had persistently committed fraud, deciding that no trial was needed to determine the veracity of the claims at the core of Ms. James’s lawsuit. The judge, Arthur F. Engoron, also imposed a heavy punishment, stripping the Trumps of control over their signature New York properties — a move that could crush much of the business known as the Trump Organization.Ms. James is now asking for more from Justice Engoron, who will determine the outcome of the trial himself; there will be no jury. She wants Mr. Trump to be fined as much as $250 million and to be permanently barred from running a business in New York. If she succeeds, the former president would be unceremoniously evicted from the world of New York real estate that made him famous.The New York attorney general, Letitia James, brought the case under a state law that gives her sweeping power.Hiroko Masuike/The New York TimesWhile there is no doubt that the former president is worth a lot of money, the trial will determine how much he and his adult sons exaggerated that wealth and what the ultimate consequences will be.Howard M. Erichson​, a professor at Fordham Law School who specializes in civil procedure, emphasized that Justice Engoron’s earlier decision had already resolved the question of fraud at the heart of the case. What remained were details, he said.“But those details are important,” he said, “Because those details determine what Donald J. Trump and the Trump Organization will be prohibited from doing, as well as the size of any civil penalty.”Until last week, it appeared as if the trial might not start on time, or have much impact on the former president. Mr. Trump had sued Justice Engoron and Ms. James, claiming that they had ignored an appeals court decision in June that raised the prospect that some of the accusations were too old to proceed to trial. The appeals court granted a brief pause while it considered his case.On Thursday, the appeals court rejected that last-ditch effort, clearing the way for the trial to begin.Mr. Trump has accused Ms. James and Justice Engoron, who are both Democrats, of carrying out a political crusade against him. He has called the judge “deranged” and Ms. James, who is Black, a racist.The former president and his sons, Donald Trump Jr. and Eric Trump, who took the reins of the family business when their father ascended to the White House, are all expected to be called to the witness stand. Ms. James has already questioned Mr. Trump twice under oath, though at one session he invoked his Fifth Amendment right against self-incrimination. A lawyer for Ms. James indicated last week that Mr. Trump will be one of the last witnesses called.Harlan Levy, who served as chief deputy New York state attorney general under one of Ms. James’s predecessors and is now a partner at Foley Hoag, called the former president’s testimony “a wild card.”Whether or not Mr. Trump ultimately takes the stand, Ms. James’s trial kicks off what is shaping up to be one of the most painful periods in his long public life.In March, he will stand trial on federal criminal charges for his effort to overturn the results of the 2020 election. In May, the federal case accusing him of mishandling classified documents and obstructing the government’s efforts to wrest them back is scheduled to go to trial. And after that, he will face two criminal trials from local prosecutors: one in Manhattan, where he was charged related to hush-money payments to a porn star, and the other in Georgia, where he is accused of racketeering for trying to alter the outcome of the state’s vote in the election.The criminal consequences in those cases are starker than the punishments Ms. James is seeking in her civil proceeding; in some of the proceedings, Mr. Trump could face years behind bars.All the legal peril, however, has only helped him politically. Mr. Trump is running far ahead of the rest of the Republican field — his polling went up after he was first indicted this spring — and is a heavy favorite for the 2024 nomination.Yet even as he thrives in the race, Mr. Trump faces a threat to the heart of his identity: Ms. James’s case rips away the facade of unlimited wealth that he is most proud of and that provided the platform for his political rise.The trial will begin at 10 a.m. at the New York State Supreme Court Building on Foley Square in Lower Manhattan, which is emblazoned with the slogan “the true administration of justice is the firmest pillar of good government.”The witness lists suggest that the trial could last months — and will involve a who’s who of Mr. Trump’s universe. More than 50 people are on Ms. James’s list — including Allen H. Weisselberg, the Trump Organization’s former financial gatekeeper who testified in the company’s criminal tax fraud trial last year and who is also a defendant in this case. The list may shrink, and although the trial was scheduled to last nearly until Christmas, it is likely to be shorter.Presiding over it all will be Justice Engoron, a charismatic and eccentric judge who has been a thorn in the side of Mr. Trump and his lawyers for more than a year.Justice Engoron maintains a light atmosphere in the courtroom, often ribbing the lawyers, particularly Christopher M. Kise, who represents Mr. Trump. But he has been harsh at times: Even before he removed Mr. Trump’s control of his New York companies last week, he fined the former president $110,000 for failing to comply with a subpoena. And he fined Mr. Trump’s lawyers $7,500 each for repeating arguments that he had previously rejected.Donald Trump Jr., far left, and Eric Trump took the reins of the family business when their father ascended to the presidency. Drew Angerer/Getty ImagesThose defense arguments essentially amounted to no harm, no foul. Mr. Trump, his lawyers argued, is accused of misleading banks that actually made money from their dealings with him. He never missed a loan payment, and the banks did not rely on the financial statements that Ms. James believes are a work of fiction.But Justice Engoron noted in his ruling last week that a powerful state law allows Ms. James to pursue “persistent fraud” without having to show that a defendant actually intended to defraud anyone, or that their actions resulted in financial loss — a lower bar than most fraud cases. It also affords drastic remedies, empowering her to seek steep financial punishments and the cancellation of Mr. Trump’s certificates to operate a business in New York.Justice Engoron’s decision last week went property by property — from Trump Tower on Fifth Ave to his Mar-a-Lago estate in Florida and a golf course in Scotland — concluding that Mr. Trump had in fact engaged in fraud as Ms. James said. (The accusations concern some of Mr. Trump’s properties outside New York, but any consequences would apply to his assets within the state.)Take, for example, Mr. Trump’s triplex apartment in Trump Tower. Ms. James accused Mr. Trump of overestimating its size, saying it was 30,000 square feet, when it was actually about 11,000. Justice Engoron noted that Mr. Trump’s lawyers had “absurdly” suggested that the calculation of square footage was subjective.“A discrepancy of this order of magnitude, by a real estate developer sizing up his own living space of decades, can only be considered fraud,” he wrote. The matters still to be hashed out at trial will require Ms. James to show that Mr. Trump intended to commit fraud and may require her to convince Justice Engoron that the inflated financial statements were taken seriously by the banks and insurance companies that received them.If Mr. Trump testifies, he will have to do a better job of defending himself than he did in his sworn deposition earlier this year. Justice Engoron was not impressed, as he made clear in his order last week.“The defenses Donald Trump attempts to articulate in his sworn deposition are wholly without basis in law or fact,” the judge wrote. More

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      The Fraud Ruling Against Trump

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      More from our inbox:Reducing Gun ViolenceThe Embattled SpeakerInvesting in Artistic Creators, Not BuildingsBar Russian PerformersChinese Truth Tellers Doug Mills/The New York TimesTo the Editor:Re “Fraud by Trump Found as Judge Issues Penalties” (front page, Sept. 27):Justice Arthur F. Engoron’s ruling that Donald Trump engaged in a pattern of widespread fraud, whereby he embellished the size and scope of his various business entities for accounting advantages, is very much in keeping with his propensity for engaging in similar grandiose fabrication as president.In fact, literally on the very first day of his presidency, Mr. Trump found it necessary to overstate the size of the inaugural crowd to a demonstrably laughable degree. Such reflexive and self-serving exaggeration, regarding matters large and small, by Mr. Trump persisted to the end of his term, culminating in his wildly fantastical claims of election fraud.Mr. Trump’s fraudulent business practices over a period of several years were a glaring road map, for anyone bothering to look, as to how he would conduct himself as commander in chief. His fate now rests in the combined hands of the judicial system and the electorate.Mark GodesChelsea, Mass.To the Editor:In an extraordinary ruling, Justice Arthur F. Engoron held that Donald Trump, by illegally inflating the value of his properties, committed fraud by as much as $2.2 billion. A trial in this case, brought by New York’s attorney general, Letitia James, is scheduled for Monday morning, but this ruling is a huge blow to Mr. Trump and his entire family.The ruling called for the cancellation of some of Mr. Trump’s business certificates in New York, which could spell the end of the Trump real estate dynasty, or what’s left of it. The possible financial cost for Mr. Trump could be enormous, as Ms. James is seeking fines up to $250 million.It seems “Teflon Don” will not slip away from the damning case against him here in New York.Henry A. LowensteinNew YorkTo the Editor:Somewhere the late Wayne Barrett is smiling. He mapped out Donald Trump’s crooked business deals years ago. The bookkeeping and tax-evading maneuvers were all laid out in his 1992 investigative biography, “Trump: The Deals and the Downfall.” Tuesday’s court ruling was long overdue.That it took so long for someone to bring the hammer down on Mr. Trump is an indictment of a legal system that has too many escape hatches. Delay, appeal after appeal, loophole-seeking lawyers, statutes of limitations, dismissals on technical grounds — all strands woven into Mr. Trump’s web of corruption.Fred SmithBronxReducing Gun ViolenceSurvivors of school shootings and those who had lost loved ones to gun violence were among the hundreds of attendees at the Rose Garden event.Kent Nishimura for The New York TimesTo the Editor:Re “Biden Forms a New Office to Address Gun Violence” (news article, Sept. 23):In his effort to combat gun violence, President Biden should consider issuing an executive order stating that gun manufacturers who currently market to the U.S. military must agree to sell only to our armed forces, to foreign militaries approved of by the U.S., and to American citizens who have undergone extensive background checks and are on a federal registry list.If these manufacturers wish to continue to sell assault weapons to the public at large, then they will lose the U.S. military as a major client.This order would be issued under the president’s authority as commander in chief and would not require congressional approval.Susan AltmanWashingtonThe Embattled Speaker Kenny Holston/The New York TimesTo the Editor:Re “Maybe Matt Gaetz Is Right,” by Michelle Cottle (Opinion, Sept. 21):With the continuing threat of the Freedom Caucus to file motions to “vacate the chair” (depose the speaker), Hakeem Jeffries, the minority leader, has a golden opportunity: Form a group of 25 to 30 Democrats to either support Kevin McCarthy or find a centrist Republican member who can be elected speaker with their aid.Then, by abolishing the rule permitting any one member from calling a vote to vacate the chair, the House could function without threats of blackmail and do the people’s business. Mr. Jeffries, go for it.Doug McConeWayne, Pa.Investing in Artistic Creators, Not BuildingsA view of the new Perelman Performing Arts Center at night, when the white marble building turns amber and becomes a beacon in Lower Manhattan.George Etheredge for The New York TimesTo the Editor:Re “A Dazzling Arts Haven Blossoms at Ground Zero,” by Michael Kimmelman (Critic’s Notebook, front page, Sept. 14):As dazzling as the Perelman Performing Arts Center is — and it is truly dazzling — Mr. Kimmelman’s comment that the building itself cost “enough to support who knows how many existing community organizations around the city for who knows how many years” struck me as the story of America’s perpetual disregard of the arts.The building always comes first, followed by whatever potpourri of productions the owners can scrabble together to put inside it. Can we never begin the investment with the people, the artistic creators themselves? Is it always because the donors need an edifice on which to implant his or her name?America doesn’t believe in financing the arts; America believes the arts are a business and should finance itself.The Times recently ran an article saying that our theaters are in crisis, as is our creative community in general. When are we going to finance the creators instead of the buildings?Jennifer WarrenLos AngelesThe writer is a professor of directing at the U.S.C. School of Cinematic Arts and chair of the Alliance of Women Directors.Bar Russian PerformersNetrebko bowing on the stage of the State Opera after performing in Verdi’s “Macbeth.”Annette Riedl/DPA, via Associated PressTo the Editor:Re “Receiving Boos, and an Ovation” (Arts, Sept. 18), about the Russian soprano Anna Netrebko, who has supported Vladimir Putin:Your article raises the issue of whether citizens of countries with criminal regimes should be allowed to participate or perform in international events and forums. While punishing individual artists, performers and athletes for their country’s bad acts seems to be unfair, the fact is that their participation promotes their nation’s prestige and interests, even if indirectly.In addition, changes in Russia’s behavior will occur only if the populace forces those in power to change course. The international community should not endorse Russian talent by allowing those individuals to participate in international events or competitions.The message of the international community to the most talented Russians should be that they need to change their country. And while those individuals may be unhappy, that’s exactly the point; history shows that changes in authoritarian governments occur when the population is unhappy and demands change.Russians should be barred from participation in all international events until Russia ends the war in Ukraine and removes its troops from all of Ukraine.Daniel ShapiroSuffern, N.Y.Chinese Truth Tellers Illustration by Linda Huang; source photograph by Tsering DorjeTo the Editor:I write to commend you for “China’s Underground Historians,” by Ian Johnson (Opinion, Sept. 24). These are brave individuals dedicated to ensuring that their country’s past is documented as accurately as possible.As a historian myself, I am increasingly aware of how authoritarian leaders want to cover up their country’s misdeeds, whether in the U.S. or abroad.I stand in awe of the courage of these Chinese truth tellers.Glenna MatthewsSunnyvale, Calif. More

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      Supreme Court Declines to Revisit Alabama Voting Map Dispute

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      For the second time in recent months, the Supreme Court ruled against Alabama lawmakers and their proposed congressional district map.The Supreme Court on Tuesday refused Alabama’s request to reinstate a congressional map drawn by Republican lawmakers that had only one majority-Black district, paving the way for a new map to be put in place before the 2024 election.Alabama’s request to keep its map was the second time in under a year that it had asked the Supreme Court to affirm a limited role of race in establishing voting districts for federal elections in what amounted to a defiant repudiation of lower-court rulings. In the latest twist in the case, the lower court had found that the state had brazenly flouted its directive to create a second majority-Black district or something “close to it.”The court’s order gave no reasons, which is often the case when the justices decide on emergency applications. The ruling clears the way for a special master and court-appointed cartographer to create a new map.The outcome of the dispute could ultimately tip the balance of the House, where Republicans hold a thin majority. The trajectory of the case is also being closely watched by lawmakers in Washington and other states where similar battles are playing out.In a surprise decision in June, the Supreme Court found that Alabama had hurt Black voters in drawing its voting map, reaffirming part of a landmark civil rights law.Chief Justice John G. Roberts Jr., who has long been skeptical of race-conscious decision making, wrote the majority opinion. Justice Brett M. Kavanaugh joined him, along with the courts three liberal justices — Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan.At issue was Alabama’s congressional map. Its Republican-controlled legislature sliced up the state into seven districts, continuing to maintain only one majority Black district, although about a quarter of state’s population is Black.After the Supreme Court’s decision, state lawmakers scrambled to draw a new map. Over the objections of Democrats, the legislature pushed through a version that changed district boundaries but that did not include an additional majority-Black district. Instead, it increased the percentage of Black voters in one district to about 40 percent, from about 30 percent.The federal three-judge panel overseeing the case found lawmakers had, yet again, likely violated the Voting Rights Act of 1965.“The law requires the creation of an additional district that affords Black Alabamians, like everyone else, a fair and reasonable opportunity to elect candidates of their choice,” the panel wrote. The judges added that the Legislature’s proposal “plainly fails to do so.”In asking the Supreme Court to intervene, Alabama’s attorney general, Steve Marshall, acknowledged that the Legislature had not added a second majority-Black district to its map as dictated by the federal court, but said its new map still complied with the law.Unless the court acted, he wrote, “the state will have no meaningful opportunity to appeal before the 2023 plan is replaced by a court-drawn map that no state could constitutionally enact.”In their brief, the plaintiffs, including a group of Black voters and advocacy organizations, urged the justices to reject Alabama’s request for relief and said the state had “unabashedly” sought to defy the courts using “recycled arguments.”After the Supreme Court’s decision in June, the plaintiffs wrote, Alabama’s Legislature had drawn its plan in secret, with no opportunity for public comment, and had enacted it “over alternative plans that were supported by Black Alabamians.”“Disagreement with this court’s ruling is not a valid reason to defy it — and certainly not a basis for a grant of an emergency stay application,” they wrote. More

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      Donald Trump Tests Pro-Life America

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      On Sunday, Donald Trump sent shock waves through the Republican primary when an interview with NBC’s Kristen Welker on “Meet the Press” aired in which he said that Ron DeSantis did a “terrible thing” and made a “terrible mistake” when he signed Florida’s six-week abortion ban. It’s the kind of statement that could end virtually any other Republican presidential campaign. Opposition to abortion rights, after all, is every bit as fundamental to Republican identity as support for abortion rights is to Democratic identity. Breaking with the party on that issue is the kind of heresy that no national politician can survive.Or is it? When it comes to Republican identity, is support for Trump, the person, now more central than any other issue, including abortion?My colleague Michelle Goldberg speaks often of the distinction between movements that seek converts and movements that hunt heretics. It’s an extremely helpful one. Cultural and political projects centered around winning converts tend to be healthier. They’re outward-facing and bridge-building. Heretic hunters, by contrast, tend to be angrier. They turn movements inward. They believe in addition by subtraction.The G.O.P. under Trump hunts heretics. Oddly enough, it has grown more intolerant even as it has become less ideological. The reason is simple: Trump is ideologically erratic but personally relentless. He demands absolute loyalty and support. He relishes driving dissenters out of the party or, ideally, into political retirement.Trump presents the pro-life movement with multiple heresy-hunting problems. First, and most obviously, if support for Trump is the central plank of the new G.O.P. orthodoxy, then the pro-life movement will find its cause subordinated to Trump’s ambitions as long as he reigns. If he believes the pro-life movement helps him, the movement will enjoy the substantial benefits of his largess — for example, the nomination of pro-life judges, including the Supreme Court justices who helped overturn Roe v. Wade. But if he perceives the movement to be hurting his political ambitions — as his comments to Welker suggest he feels now — then its members will be cast as the heretics and will stand outside, in the cold, complaining about their lost influence to a Republican public that will not care.Second, as long as the Trumpian right shapes the pro-life movement more than the other way around, the movement will adopt many of the same tactics. It won’t merely serve Trump, it will also imitate Trump. Every movement adopts the character of its leaders, and if Trump is the leader of the G.O.P. and by extension the pro-life movement, then his manners and methods will dominate the discourse.Finally, and more important, if the backlash to the Dobbs v. Jackson Women’s Health Organization decision teaches us anything, it’s that the pro-life movement cannot be hunting heretics. As a strategy, heretic hunting is far less costly to the side with the more popular position, which can afford its purity, at least for a time. The same impulse can be utterly destructive to those in the minority, as the pro-life movement clearly is now.As I discussed in a Times Opinion Audio short last week, the Guttmacher Institute published new research suggesting that the number of legal abortions has actually increased after Dobbs. Even though abortion is illegal or sharply restricted in 14 states, there were roughly 10 percent more abortions in the remaining 36 states and Washington, D.C., in the first six months of 2023 than there were when abortion was legal across the country in 2020.At the same time that abortion numbers rise, the electoral results for the pro-life movement have been exceedingly grim. When abortion referendums have been placed on statewide ballots, the pro-choice movement has won. Every time. Even in states as red as Kentucky, Kansas and Montana.The general polling numbers, moreover, are disastrous. There has been a marked increase in support for abortion rights positions, and there’s evidence that the pro-life movement began its sharp decline during the Trump administration. After years of stability in abortion polling, support for the pro-life cause is at an extraordinarily low ebb.In this context, heretic hunting is disastrous. The pro-life movement has to seek converts. Its first three priorities should be to persuade, persuade and, yes, persuade. Donald Trump is not the man for that job, not only because he’s a bully and a heretic hunter but also because it is quite clear that he is not convictionally pro-life. He is conveniently pro-life, and the moment it stops being convenient, he stops having a meaningful opinion either way.How would someone who is convictionally pro-life and also eager to persuade have responded to Kristen Welker’s questions? Such a person wouldn’t condemn pro-life laws unless those laws were poorly written or had glaring flaws. Instead, he or she would use a challenging question from Welker as an opportunity to persuade, in terms that even skeptics could understand.For example, when speaking of so-called heartbeat bills that ban abortion after around six weeks of pregnancy, one could connect the concept to one of the happiest moments in parents’ lives — the first moment they heard their child’s heartbeat. Parents feel that joy because it is tangible evidence of life and health. Even for a parent who is anxious, or financially stressed, or caught in a terrible relationship, that heartbeat still signals a life that is precious.If a politician is challenged to describe the kind of pro-life legislation he’d seek in a nation or state that increasingly favors abortion rights, he could emphasize how a holistic pro-life movement can work with pro-choice allies on legislation that would improve the lives of mothers and children. It turns out that our nation can reduce abortions without banning abortions, and it did so for decades before the abortion rate rose under Trump.To take one example, in 2021, Mitt Romney advanced a child allowance proposal that would provide families with $4,200 per year per child for each child up to age 6, and $3,000 per year per child between the ages of 6 and 17. Crucially, benefits would begin before birth, helping financially distressed families to prepare to care for their new children.Not only would the plan cut childhood poverty (while paying for itself through cuts elsewhere), it would almost certainly also reduce the number of abortions. Writing in Public Discourse, the Institute for Family Studies fellow Lyman Stone analyzed the impact of financial support for mothers on abortion rates and found that not only does financial support decrease abortion, that decrease is also most pronounced in jurisdictions with the fewest restrictions on abortion.That’s what persuasion can look like — defending the source of your convictions by explaining and demonstrating love for kids and moms while also looking for areas of agreement and common purpose. But does any of that sound like Donald Trump to you?Despite generating interest from conservatives and progressives, Romney’s proposal went nowhere. An astute analysis by Peter Nicholas in The Atlantic noted that the Biden administration had a competing child tax credit plan and Romney himself was an “isolated figure” in his party. While some Republicans reject direct cash transfers, it’s also true that working with Romney meant crossing Trump, and that, of course, would be heresy.In the days after the Dobbs decision, I wrote a piece arguing that when Roe was reversed, the right wasn’t ready. A Trump movement animated by rage and fear wasn’t prepared to embrace life and love. And now the pro-life movement is forced to ponder: Is Donald Trump more important to the G.O.P. than even the cause of life itself? Is he under any circumstances the best ambassador for a cause that’s already losing ground?For a generation, the pro-life movement was powerful enough to hunt heretics right out of the Republican Party. Now, if it clashes with Trump, it might find itself the heretic. And if the movement is that weak — if it is that beholden to such a corrupt and cruel man — then we might look back at the Dobbs decision not as a great victory for the pro-life cause, but rather as the beginning of a long defeat, one of a movement that forgot how to persuade. More

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      in Elections

      Georgia Judge Orders 2 Separate Trials for Defendants in Trump Election Case

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      Two defendants will get a speedy trial starting in October, but the others, including Donald J. Trump, can have more time to prepare, the judge ruled.A judge on Thursday granted former President Donald J. Trump and 16 others a separate trial from two of their co-defendants who will go to trial next month in the Georgia election interference case.The judge, Scott McAfee of Fulton County Superior Court, has laid out an expedited trial schedule for Kenneth Chesebro and Sidney Powell, two lawyers who helped Mr. Trump try to stay in power after losing the 2020 election. The two had invoked their right under Georgia law to seek a speedy trial, in part to avoid the high cost of a more protracted legal fight.Their trial is set to begin with jury selection on Oct. 23. Judge McAfee, in a seven-page order on Thursday, said that he hoped to have a jury seated by Nov. 3 to comply with the speedy trial law.A trial date for Mr. Trump and the other 16 co-defendants has not been set. In his order, Judge McAfee described what was to come as a “mega-trial.” But he also raised the possibility that those 17 might not all be tried together in the end, if some make successful arguments to break off their cases.“Additional divisions of these 17 defendants may well be required,” the judge wrote. “That is a decision for another day once the many anticipated pretrial motions have been resolved and a realistic trial date approaches.”All 19 defendants were charged in August in a wide-ranging state racketeering indictment after an investigation into election interference in Georgia, which Mr. Trump lost in 2020 by fewer than 12,000 votes. In the weeks after Election Day, Mr. Trump made baseless claims that he was the victim of significant electoral fraud. The indictment says that he and the other 18 defendants were part of a “criminal organization” that sought to overturn his loss in Georgia in various ways.Questions about the size, shape and timing of trials for a case of such magnitude have yet to be fully resolved. The Fulton County District Attorney’s office, which is leading the prosecution, had wanted all 19 defendants to be tried together, arguing in a filing on Tuesday that “breaking this case up into multiple lengthy trials would create an enormous strain on the judicial resources.”But in his order on Thursday, Judge McAfee noted that some lawyers would need more time to prepare. He also noted that the Fulton County courthouse “simply contains no courtroom adequately large enough to hold all 19 defendants.”Further complicating matters is the fact that several defendants are seeking to move their cases to federal court. If just one of them succeeds, there is a possibility that the whole group could be forced into the federal system, although experts say the law on this issue is not clear.Regardless, the prospect of a federal judge presiding over a state trial dimmed somewhat last week, when Judge Steve C. Jones, a U.S. district court judge, rejected a removal request from Mark Meadows, the former White House chief of staff and a defendant.Mr. Meadows has appealed. Judge Jones is scheduled to hold hearings next week on similar requests from Jeffrey Clark, a former Justice Department official who sought to intervene after the Georgia election, and three other co-defendants who served as bogus electors on Mr. Trump’s behalf.Mr. Trump’s lawyer in Georgia, Steven H. Sadow, has indicated in court documents that the former president may also soon ask to have his case moved to federal court.On Thursday morning, as Judge McAfee held a hearing on a number of pretrial motions, tensions between the prosecution and defense were palpable. Brian T. Rafferty, a lawyer for Ms. Powell, accused the district attorney’s office of failing to respond to his request for certain documents as part of the discovery process.At another point, Scott Grubman, a lawyer for Mr. Chesebro, angrily accused Daysha D. Young, a Fulton County assistant district attorney, of engaging in a “personal attack” on Mr. Grubman’s co-counsel, Manny Arora, after Ms. Young mentioned a 2010 incident in which a judge barred Mr. Arora from contacting grand jurors in a separate case.Mr. Chesebro was indicted based on his role as an architect of the bogus electors scheme. His lawyers have called for his case to be dismissed, arguing that he was merely “researching and finding precedents in order to form a legal opinion, which was then supplied to his client, the Trump campaign.”Ms. Powell was indicted on charges relating to the copying of sensitive voter system data in rural Coffee County, Ga., by Trump allies seeking evidence of fraud. On Wednesday, her lawyer filed a motion to dismiss the case, arguing that county elections officials had allowed access to the elections system there in January 2021.“This means that no data was stolen, there was no fraud, and nothing was done without authorization,” the motion said. More