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    Minnesota Justices Rebuff Attempt to Bar Trump From Ballot Under 14th Amendment

    In rejecting a petition arguing that former President Donald J. Trump was ineligible, the Minnesota Supreme Court did not rule on the merits and said the claims could be filed again later.The Minnesota Supreme Court on Wednesday dismissed a petition seeking to disqualify former President Donald J. Trump from holding office again under the 14th Amendment.Election officials and the courts did not have the authority to stop the Republican Party from offering Mr. Trump as a primary candidate, the justices found. They did not rule on the merits of the petitioners’ constitutional argument: that Mr. Trump’s actions before and during the Jan. 6, 2021, attack on the Capitol amounted to “engaging in insurrection” against the Constitution after taking an oath to support it.Section 3 of the 14th Amendment, ratified in 1868 to keep former Confederates out of the government, says anyone who has done that is ineligible to hold office.Minnesota’s presidential primary, scheduled for March, is “an internal party election to serve internal party purposes, and winning the presidential nomination primary does not place the person on the general election ballot as a candidate for president of the United States,” the court wrote in an order signed by Chief Justice Natalie E. Hudson, with no noted dissents.There is no law in Minnesota prohibiting a political party from putting a constitutionally ineligible candidate’s name on the ballot, it continued, and so “there is no error to correct here as to the presidential nomination primary.”The court emphasized that the petitioners were free to file the same claims again later, challenging Mr. Trump’s inclusion on the general-election ballot if he wins the Republican nomination. For now, it did not address the constitutional questions surrounding whether the 14th Amendment applies to Mr. Trump.Though the ruling was procedural, Mr. Trump’s campaign promoted it as a substantive victory. Steven Cheung, a campaign spokesman, called it “further validation of the Trump campaign’s consistent argument that the 14th Amendment ballot challenges are nothing more than strategic, unconstitutional attempts to interfere with the election by desperate Democrats who see the writing on the wall.”Ron Fein, the legal director at Free Speech for People, the left-leaning group that filed the case on behalf of a group of Minnesota voters and is also suing in other states, said: “We are disappointed by the court’s decision. However, the Minnesota Supreme Court explicitly recognized that the question of Donald Trump’s disqualification for engaging in insurrection against the U.S. Constitution may be resolved at a later stage.”The Minnesota petition is the second case challenging Mr. Trump’s eligibility that has been dismissed on procedural grounds, after one in New Hampshire. No court has yet ruled on the merits of the 14th Amendment argument.A state district court judge in Colorado is expected to rule in a similar case in the coming weeks after a recent five-day hearing. More

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    Ballot-Stuffers Caught on Camera Have Upended a Race for Mayor

    In Bridgeport, Conn., a judge found evidence of mishandled ballots in the Democratic primary for mayor and ordered a revote. But first, the city will hold a general election. After that? Stay tuned.Residents of Bridgeport, Conn., are preparing to cast their ballots in what may be the most confusing election in the country.A judge this week tossed out the results of the Democratic mayoral primary, citing surveillance video that appears to show significant voting irregularities. He ordered election officials to hold a new primary but had no authority to postpone the general election in the meantime. And so, on Tuesday, the general election will go on as planned.What happens after that is uncertain.“Obviously, we’re in very uncharted legal waters here,” said State Rep. Steven Stafstrom, a Democrat from Bridgeport and a co-chair of the legislature’s judiciary committee.The city finds itself in this mess after videos surfaced that showed suspicious activity at absentee ballot drop boxes. In clip after clip, two women are seen stuffing wads of paper into the boxes.“The videos are shocking to the court and should be shocking to all the parties,” Judge William Clark of the Superior Court in Bridgeport wrote in his ruling. He added, “The volume of ballots so mishandled is such that it calls the result of the primary election into serious doubt and leaves the court unable to determine the legitimate result.”Although voting fraud is rare across the country, Bridgeport, a city of about 150,000 people in the southwest part of the state, has been dogged by election improprieties in recent years.In June, the State Election Enforcement Commission, which is investigating the primary, said there was evidence of possible criminality in the 2019 mayoral primary. Last year, a judge ordered a new Democratic primary in a state representative race over allegations of absentee ballot fraud. In 2017, a judge ordered that a Democratic primary for City Council seats be rerun after a single absentee ballot, which was improperly handled, decided the race.The incumbent mayor, Joe Ganim, was first elected in 1991 and served until 2003. He was convicted on federal corruption-related charges, resigned and spent seven years in prison. In 2015, he mounted a comeback and has been mayor ever since.“We’ve been faced with a lot of disappointment, just over and over and over and over again,” said Joel Monge, 23, who runs Bridgeport Memes, a popular social media page.The current legal fight started after the September primary in which Mr. Ganim beat his opponent, John Gomes, by 251 votes. Mr. Gomes challenged the outcome in court, citing the video clips, which were taken from municipal surveillance cameras stationed near the city’s four absentee ballot drop boxes. A clip appeared on social media days after the primary, leading Mr. Gomes’s lawyers to file a lawsuit to get all 2,100 hours of tape on the drop boxes.Judge Clark ruled that just two women made or were directly involved in 15 incidents of drop boxes being stuffed with ballots. He wrote that the videos showed “credible evidence that the ballots were being ‘harvested’” — a process by which third-party individuals gather and submit completed absentee ballots in bulk, rather than individual voters submitting them for themselves, in violation of election laws.Both women, the judge wrote, were “partisans” for Mr. Ganim.Bill Bloss, Mr. Gomes’s lawyer, said his own review of the surveillance videos showed that no more than 420 people submitted ballots at Bridgeport drop boxes, but at least 1,253 ballots were submitted there.Mr. Ganim denied any involvement. “I was as shocked as everyone when the video came out,” he said.Both candidates said they were dismayed by the videos, and both men acknowledge that some of their supporters submitted multiple ballots.“On both sides, there is video of the irregularities,” Mr. Ganim said. He added: “That’s not acceptable. We all want everyone’s vote to count. We all want fair elections.”Mr. Gomes said his supporters had acted legally and had been submitting ballots for family members. The entire scandal is unfortunate, he said, adding, “Another black eye for Bridgeport.”But the judge’s order focuses on Mr. Ganim’s supporters, some of whom appear to have submitted many ballots, many times.“These instances do not appear to the court to be random,” Judge Clark wrote. “They appear to be conscious acts with partisan purpose.”As a result of the primary confusion, choosing the city’s next mayor has become exceedingly complicated.On Tuesday, the general election ballot will feature four candidates: Mr. Ganim; Mr. Gomes, now running as an Independent; David Herz, a Republican; and Lamond Daniels, an unaffiliated candidate.If Mr. Gomes wins the general election, he intends to withdraw his complaint about the Democratic primary and, if necessary, formally ask the judge to cancel his order for a new vote. In that scenario, presumably, Mr. Gomes would just become mayor.If Mr. Gomes does not win on Tuesday, but does win the second primary, he would advance to a second general election as the Democratic nominee. (Mr. Ganim would still be on the ballot, this time with the New Movement Party, according to Rowena White, his campaign spokeswoman.)Alternatively, if Mr. Ganim wins the general election on Tuesday, and then wins the second primary, there would be no second general election, Mr. Bloss said. Mr. Ganim would be re-elected.If one of the other two general election candidates wins on Tuesday, Bridgeport would hold a new Democratic primary and then a new general election.Officials have yet to decide when a second primary would occur. Mr. Ganim or the city could still appeal the judge’s order calling for the new vote. And both campaigns would need time to get back into gear, even for a do-over vote.For voters, the bizarre election spectacle has been dispiriting.“There’s just not the checks and balances,” said Anthony L. Bennett, the lead pastor of Mount Aery Baptist Church, adding, “It’s a great city, with great people, that has had a troubling history with unchecked and unaccountable governmental leadership.”Officials are trying to regain voters’ confidence. This week, Stephanie Thomas, the Connecticut secretary of state, appointed a temporary election monitor to oversee the mayoral election.“The public should know that everything that can be done is being done,” Ms. Thomas said.But critics noted that many absentee ballots have already been submitted for the general election — and questioned how one person could appropriately monitor the whole election.And election skeptics across the country, who have long pushed to restrict voting by absentee ballot, have seized upon Judge Clark’s ruling.They argue that Bridgeport — a historically Democratic city in a deeply Democratic state — is just one of the first places that absentee ballot fraud has been caught on camera.“That this happened here is beyond reasonable doubt,” Elon Musk wrote on X, the site formerly known as Twitter. “The only question is how common it is.”That worries many Democrats in Connecticut, including Mr. Ganim, who noted that many of his constituents struggle to access voting places on Election Day and need the option of absentee ballots. They may have health concerns, he said, or cannot get enough time off work to vote.Many would-be voters in Bridgeport believe they have been let down by the government once again.“A lot of people in Bridgeport just don’t vote in general just because they always assume Joe Ganim is going to win,” said Mr. Monge, who runs Bridgeport Memes.But, he said, the videos had angered many of his friends, perhaps spurring them to participate: “I think a lot of people are going to go out and vote.” More

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    Supreme Court Wary of Trademark for ‘Trump Too Small’

    In earlier cases, the justices struck down provisions of the trademark law on First Amendment grounds. But the one at issue here seemed likely to survive.The Supreme Court, which has in recent years struck down parts of the trademark law that prohibited registration of immoral, scandalous and disparaging marks, did not appear ready on Wednesday to do the same thing in a case concerning a California lawyer’s attempt to trademark the phrase “Trump too small.”The provision at issue in the case forbids the registration of trademarks “identifying a particular living individual except by his written consent.”There seemed to be consensus among the justices that the provision was different from the ones the court had rejected in 2017 and 2019. Some said that it did not discriminate based on viewpoint, which the First Amendment generally does not allow the government to do. Others added that there is a long history of allowing people to control the use of their names in commercial settings.Some justices pressed a more fundamental objection. Noting that the lawyer, Steve Elster, could use the phrase on merchandise without trademarking it, they wondered whether the First Amendment applied at all.“The question is, is this an infringement on speech?” Justice Sonia Sotomayor said. “And the answer is no.”The contested phrase drew on a taunt from Senator Marco Rubio, Republican of Florida, during the 2016 presidential campaign. Mr. Rubio said Donald J. Trump had “small hands,” adding, “And you know what they say about guys with small hands.”Mr. Elster, in his trademark application, said that he wanted to convey the message that “some features of President Trump and his policies are diminutive.” He sought to use the phrase on the front of T-shirts with a list of Mr. Trump’s positions on the back. For instance: “Small on civil rights.”A unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that the First Amendment required the trademark office to allow the registration.“As a result of the president’s status as a public official, and because Elster’s mark communicates his disagreement with and criticism of the then-president’s approach to governance, the government has no interest in disadvantaging Elster’s speech,” Judge Timothy B. Dyk wrote for the court.The Biden administration appealed the Federal Circuit’s ruling to the Supreme Court.Malcolm L. Stewart, a deputy solicitor general who was presenting his 100th Supreme Court argument, said that granting Mr. Elster a trademark would allow him to forbid others from using it, diminishing the amount of the political speech the First Amendment is meant to protect.Chief Justice John G. Roberts echoed the point. “Particularly in an area of political expression,” he said, “that really cuts off a lot of expression other people might regard as important infringement on their First Amendment rights.”Justice Elena Kagan asked Jonathan E. Taylor, a lawyer for Mr. Elster, to identify a precedent in which the court had struck down a law conferring a government benefit like trademark registration that did not involve viewpoint discrimination.He replied, “I can’t point you to a case that’s precisely on all fours.”Justice Kagan responded that she could cite many decisions supporting the opposite proposition, naming a half-dozen.Commentary on the size of Mr. Trump’s hands has a long history. In the 1980s, the satirical magazine Spy needled Mr. Trump, then a New York City real estate developer, with the recurring epithet “short-fingered vulgarian.”In 2016, during a presidential debate, Mr. Trump addressed Mr. Rubio’s critique.“Look at those hands, are they small hands?” Mr. Trump said, raising them. “And, he referred to my hands — ‘if they’re small, something else must be small.’ I guarantee you there’s no problem. I guarantee.”If the Supreme Court upholds the provision challenged in the new case, it will be the end of a trend.In 2017, a unanimous eight-justice court struck down a different provision, one forbidding marks that disparage people, living or dead, along with “institutions, beliefs or national symbols.”The decision, Matal v. Tam, concerned an Asian American dance-rock band called the Slants. The court split 4 to 4 in much of its reasoning, but all the justices agreed that the provision at issue in that case violated the Constitution because it took sides based on speakers’ viewpoints.In 2019, the court rejected a provision barring the registration of “immoral” or “scandalous” trademarks.That case concerned a line of clothing sold under the brand name FUCT. When the case was argued, Mr. Stewart told the justices that the term was “the equivalent of the past participle form of the paradigmatic profane word in our culture.”Justice Kagan, writing for a six-justice majority, did not dispute that. But she said the law was unconstitutional because it “disfavors certain ideas.”If the justices were divided in the new case, Vidal v. Elster, No. 22-704, it was over the rationale for ruling to uphold the law before them, not on the outcome.Justice Samuel A. Alito Jr., for instance, asked Mr. Stewart for a theory that would allow him to vote for the government without rejecting a position he had staked out in an earlier case.The justice added that the task was not pressing. “I mean,” he said, “you don’t need my vote to win your case.” More

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    The Lawyers Now Turning on Trump

    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

    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

    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.

    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

    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