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    43% vs. 43%: Why Trump and Biden Are Tied in Our New Poll

    Rikki Novetsky, Stella Tan, Clare Toeniskoetter and Liz O. Baylen and Marion Lozano and Listen and follow The DailyApple Podcasts | Spotify | Stitcher | Amazon MusicWith Donald Trump facing charges in three different criminal cases, the biggest questions in American politics are whether that creates an opening for his Republican rivals in the presidential race — and whether it disqualifies him in the eyes of general election voters.A new set of Times polls has answers to those questions. It shows the president and the former president still tied among registered voters, each at 43 percent.Nate Cohn, The New York Times’s chief political analyst, talks us through the first Times/Siena polling of the 2024 election cycle.On today’s episodeNate Cohn, chief political analyst for The New York Times.Mr. Trump, Mr. Biden and Mr. Trump are tied, each at 43 percent, among registered voters in our first Times/Siena poll of the 2024 election cycle.Pete Marovich for The New York Times; Scott Morgan, via ReutersBackground readingCan the race really be that close?The first Times/Siena poll of the Republican primary shows Trump still commands a seemingly unshakable base of loyal supporters.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.Nate Cohn More

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    Judge Rejects Trump’s Effort to Short-Circuit Georgia Election Case

    A Fulton County judge chided Donald Trump’s lawyers for “unnecessary and unfounded legal filings” ahead of indictments expected in mid-August.A Georgia judge forcefully rejected on Monday an effort by former President Donald J. Trump to derail an investigation into attempts by Mr. Trump and his allies to overturn his 2020 election loss in the state — an investigation that is expected to yield indictments in mid-August.Mr. Trump tried to get Judge Robert C.I. McBurney of the Fulton County Superior Court in Atlanta to throw out evidence collected by a special grand jury and disqualify the prosecutor overseeing the investigation, Fani T. Willis, the Fulton County district attorney.But in a nine-page order, Judge McBurney wrote that Mr. Trump did not have the legal standing to make such challenges before indictments were handed up. The judge said the “injuries” that Mr. Trump claimed to have suffered from the two-and-a-half-year investigation “are either insufficient or else speculative and unrealized.”The office of Ms. Willis, a Democrat, is expected to present potential indictments in the matter to a regular grand jury in the next few weeks.The Georgia investigation is part of a swirl of legal troubles surrounding Mr. Trump, who has already been indicted on state charges in New York connected with hush-money payments in 2016, and on federal charges over his retention and handling of classified documents after leaving office in 2021.He has also received a target letter as part of a federal investigation into wider efforts to reverse his defeat in the 2020 election, suggesting that he could be indicted again.In Atlanta, law enforcement officials have been stepping up security in anticipation of the grand jury proceedings there.Last week, officials put orange barriers around the Fulton County courthouse in downtown Atlanta. Ms. Willis has asked the F.B.I. for “protective resources” at the court complex, and has had some members of her staff outfitted with bulletproof vests. She has also announced remote-work days for many staff members during the first three weeks of August, and has asked judges not to schedule other trials for part of that time.A “special purpose” grand jury, which did not have indictment power, interviewed dozens of witnesses and subpoenaed documents over the course of roughly seven months. The jury then issued an advisory report recommending that a number of people be indicted on charges of violating Georgia laws, according to the jury forewoman.The specifics of those recommendations have not yet been made public, although the forewoman, in a February interview with The New York Times, strongly hinted that Mr. Trump was among the people recommended for indictment.Judge Robert C.I. McBurney forcefully rejected Mr. Trump’s efforts to derail an investigation into election interference in Georgia.Ben Gray/Associated PressJudge McBurney, in Monday’s ruling, seemed to have little patience for the arguments from Mr. Trump’s legal team, and he suggested that Mr. Trump’s lawyers were gumming up the legal process with frivolous filings.“In the future, counsel is encouraged to follow the professional standard of inquiring with chamber’s staff about timing and deadlines before burdening other courts with unnecessary and unfounded legal filings,” Judge McBurney wrote.To the Trump team’s assertions that Mr. Trump would be injured by an indictment, Judge McBurney appeared to allude to the fund-raising that Mr. Trump’s campaign had done, highlighting the criminal cases against him.“For some, being the subject of criminal investigation can, à la Rumpelstiltskin, be turned into golden political capital, making it seem more providential than problematic,” he wrote in a footnote. “Regardless, simply being the subject (or target) of an investigation does not yield standing to bring claim to halt that investigation in court.”A representative for Ms. Willis’s office declined on Monday to comment on the judge’s ruling. Lawyers for Mr. Trump could not immediately be reached for comment.Earlier this month, the Georgia Supreme Court unanimously rejected a filing with a similar aim from Mr. Trump’s Georgia legal team. That filing argued, among other things, that the special grand jury’s proceedings were “blatantly unconstitutional” and that Ms. Willis had made biased public statements.Mr. Trump’s challenge in Superior Court was joined by Cathy Latham, one of 16 Republicans who tried to cast bogus Electoral College votes for Mr. Trump in December 2020, and who has been named as a target of the investigation by prosecutors. Judge McBurney also rejected Ms. Latham’s filing in his order on Monday.In addition to finding that Mr. Trump’s and Ms. Latham’s challenges were premature, Judge McBurney pushed back against Mr. Trump’s contention that prosecutors had been improperly biased. The judge also appeared to criticize the former president for his attacks on Ms. Willis, who is Black and whom Mr. Trump has called a “local racist Democrat district attorney” who is seeking to harm him politically.“The drumbeat from the district attorney has been neither partisan (in the political sense) nor political, in marked and refreshing contrast to the stream of personal invective flowing from one of the movants,” the judge wrote.A third challenge from Mr. Trump’s lawyers is set to be considered by a judge in Cobb County, Ga., in a hearing scheduled for Aug. 10. The matter was moved to the county, which is an Atlanta suburb, after the chief judge in Fulton County Superior Court ruled that he and his fellow Fulton County judges were recused from ruling on that motion. Judge McBurney wrote on Monday that the challenge in Cobb County should now be considered moot. More

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    Hunter Biden Plea Deal Put on Hold as Judge Questions Its Details

    A federal judge on Wednesday put on hold a proposed plea deal between Hunter Biden and the Justice Department that would have settled tax and gun charges against the president’s son, stunning the courtroom and raising legal and constitutional questions about the agreement.After moments of high drama in which the deal appeared headed toward collapse, the judge, Maryellen Noreika of the Federal District Court in Wilmington, Del., sent the two sides back to try to work out modifications that would address her concerns and salvage the basic contours of the agreement.Under the proposed deal, Mr. Biden would have pleaded guilty to two tax misdemeanors and averted prosecution on a gun charge by enrolling in a two-year diversion program for nonviolent offenders.Prosecutors and Mr. Biden’s team had both started the day confident that the proceeding would go smoothly and the judge would sign off on the deal immediately. As he entered the courtroom, Mr. Biden drew a deep breath and plunged forward to greet the prosecutors who investigated him for five years with handshakes and a smile.But Judge Noreika had other ideas, telling the two sides repeatedly that she had no intention of being “a rubber stamp,” and spending three hours sharply questioning them over nearly every detail of the deal.“I cannot accept the plea agreement today,” said Judge Noreika, who was nominated to the bench by President Donald J. Trump in 2017 with the support of Delaware’s two Democratic senators.An exhausted-looking Mr. Biden trudged out of the courthouse looking a bit stunned, as his lawyers puzzled over what to do next. At the end of the hearing, Mr. Biden entered a plea of not guilty on the tax charges, which he will reverse if the two sides revise their agreement to the judge’s satisfaction.The muddled outcome only underscored how Mr. Biden’s personal and legal troubles have become an entrenched political issue in Washington, where Republicans have long sought to show that his foreign business ventures were aided by, or benefited, President Biden.Those efforts have only intensified as Mr. Trump’s legal troubles have deepened and Republicans in Congress have sought to undercut the president heading into the 2024 election.Republicans have accused David C. Weiss, the Trump-appointed U.S. attorney in Delaware who was retained by the Biden administration to complete the investigation into Mr. Biden, of cutting a “sweetheart deal” intended to help Democrats.They have sought to cast the Biden family as corrupt and assailed the proposed deal as far too lenient, citing testimony from two I.R.S. investigators as evidence that the Justice Department had hamstrung the investigation and that President Biden played a role in his son’s business deals with companies and partners in Ukraine and China.Hunter Biden’s foreign business ventures raised ethical concerns, especially while his father was vice president, and his personal problems — he has acknowledged being addicted to crack cocaine for a number of years — have given conservatives an endless stream of material to assail him. But Republicans have produced no compelling evidence that President Biden used his office to help his son in any substantive way.The White House declined to comment directly on Wednesday’s court proceeding while communicating the president’s support for his son’s efforts to put his problems behind him.“Hunter Biden is a private citizen, and this was a personal matter,” Karine Jean-Pierre, the White House press secretary, told reporters on Wednesday. “As we have said, the president, the first lady, they love their son, and they support him as he continues to rebuild his life.”Judge Noreika’s concerns appeared to center on two elements of the proposed deal. One was a provision that would have offered Mr. Biden broad insulation against further prosecution on matters scrutinized by federal prosecutors during the five-year inquiry, providing him with some protection against the possibility that Mr. Trump, if re-elected, or another Republican president might seek to reopen the case. The other had to do with the diversion program on the gun charge, under which she would be called on to play a role in determining whether Mr. Biden was meeting the terms of the deal.Judge Noreika said she was not trying to sink the agreement, but to strengthen it by ironing out ambiguities and inconsistencies, a view held by some former department officials.“The judge appropriately wanted to make sure that the parties were clear on whether Hunter Biden could be prosecuted for additional crimes in the future,” said Barbara L. McQuade, who was the U.S. attorney for the Eastern District of Michigan from 2010 to 2017.Judge Noreika kicked off the hearing by telling lawyers that they did not need to keep “popping” up and down every time she asked them a question.It was a signal that she was about to subject them to a relentless interrogation over elements of an agreement she described, variously, as “not standard, not what I normally see,” possibly “unconstitutional,” without legal precedent and potentially “not worth the paper it is printed on.”Judge Noreika quickly zeroed in on a paragraph offering Mr. Biden broad immunity from prosecution, in perpetuity, for a range of matters scrutinized by the Justice Department. The judge questioned why prosecutors had written it in a way that gave her no legal authority to reject it.Then, in 10 minutes of incisive questioning, she exposed serious differences between the two sides on what, exactly, that paragraph meant.Christopher Clark, Mr. Biden’s lead lawyer, said it indemnified his client not merely for the tax and gun offenses uncovered during the inquiry, but for other possible offenses stemming from his lucrative consulting deals with companies in Ukraine, China and Romania.Prosecutors had a far narrower definition. They saw Mr. Biden’s immunity as limited to offenses uncovered during their investigation of his tax returns dating back to 2014, and his illegal purchase of a firearm in 2018, when he was a heavy drug user, they said.When the judge asked Leo Wise, a lead prosecutor in the case, if the investigation of Mr. Biden was continuing, he answered, “Yes.”When she asked him, hypothetically, if the deal would preclude an investigation into possible violation of laws regulating foreign lobbying by Mr. Biden connected with his consulting and legal work, he replied, “No.”Mr. Biden then told the judge he could not agree to any deal that did not offer him broad immunity, and Mr. Clark popped up angrily to declare the deal “null and void.”The disagreement over such a central element of the deal was remarkable, given the months of negotiations that went into reaching it.“Today was very unusual, but based on my experience, I think the deal will now get done,” said John P. Fishwick Jr., who served as U.S. attorney for the Western District of Virginia from 2015 to 2017. “Judges are reluctant to reject deals but do ask questions. These should have been cleared up before today’s hearing, but they were not, so she helped provide more clarity.”The 30 journalists in the gallery then witnessed a remarkable tableau of real-time, public deal-making. With the judge having called a recess, the defense and prosecution teams first separated into two packs, then merged into a circle to hash out a new compromise. An unsmiling Mr. Weiss paced back and forth, jaw tense and hands jammed into the pockets of his suit.After an official recess was declared, Mr. Clark agreed to the narrower terms on Mr. Biden’s behalf.But Judge Noreika still appeared to be unconvinced. She turned her attention to the fine print of the deal that had been struck on the gun offense, requiring Mr. Biden to avoid using drugs or owning a firearms during the two-year diversion program.She objected strenuously to how a violation of its terms would be handled.Typically, the Justice Department could independently verify any breach and bring charges. But Mr. Biden’s team, concerned that the department might abuse that authority if Mr. Trump is re-elected, successfully pushed to give that power to Judge Noreika, arguing that she would be a more neutral arbiter.Judge Noreika suggested that such an arrangement could be unconstitutional because it might give her prosecutorial powers, which were vested in the executive branch by the Constitution.“I’m not doing something that gets me outside my lane of my branch of government,” said the judge, adding, “Go back and work on that.”Erica L. Green More

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    Building a Legal Wall Around Donald Trump

    The American legal system is on the cusp of a remarkable historical achievement. In real time and under immense pressure, it has responded to an American insurrection in a manner that is both meting out justice to the participants and establishing a series of legal precedents that will stand as enduring deterrents to a future rebellion. In an era when so many American institutions have failed, the success of our legal institutions in responding to a grave crisis should be a source of genuine hope.I’m writing this newsletter days after the Michigan attorney general announced the prosecution of 16 Republicans for falsely presenting themselves as the electors qualified to vote in the Electoral College for Donald Trump following the 2020 election. That news came the same day that the former president announced on Truth Social that he’d received a so-called target letter from Jack Smith, the special counsel appointed by Attorney General Merrick Garland to investigate Trump’s efforts to overturn the election. The target letter signals that the grand jury investigating the Jan. 6, 2021, attack on the Capitol is likely to indict Trump, perhaps any day now.On Monday, a day before this wave of news, the Georgia Supreme Court rejected a desperate Trump attempt to disqualify the Fulton County district attorney Fani Willis from prosecuting Trump and to quash a special grand jury report about 2020 election misconduct. Trump’s team filed their petition on July 13. The court rejected it a mere four days later. Willis can continue her work, and she’s expected to begin issuing indictments — including potentially her own Trump indictment — in August, if not sooner.Presuming another Trump indictment (or more than one) is imminent — or even if it is not — the legal response to Jan. 6 will continue. But to truly understand where we are now, it’s important to track where we’ve been. If you rewind the clock to the late evening of Jan. 6, 2021, America’s long history of a peaceful transfer of power was over, broken by a demagogue and his mob. To make matters worse, there was no straight-line path to legal accountability.Prosecuting acts of violence against police — or acts of vandalism in the Capitol — was certainly easy enough, especially since much of the violence and destruction was caught on video. But prosecuting Trump’s thugs alone was hardly enough to address the sheer scale of MAGA misconduct. What about those who helped plan and set the stage for the insurrection? What about the failed candidate who set it all in motion, Donald Trump himself?Consider the legal challenges. The stolen election narrative was promulgated by a simply staggering amount of defamation — yet defamation cases are difficult to win in a nation that strongly protects free speech. Trump’s legal campaign was conducted by unethical lawyers raising frivolous arguments — yet attorney discipline, especially stretching across multiple jurisdictions, is notoriously difficult.The list continues. Trump’s team sought to take advantage of ambiguities in the Electoral Count Act, a 19th-century statute that might be one of the most poorly written statutes in the entire federal code. In addition, Trump’s team advanced a constitutional argument called the independent state legislature doctrine that would empower legislatures to dictate or distort the outcomes of congressional and presidential elections in their states.There’s more. When we watched insurrectionists storm the Capitol, we were watching the culminating moment of a seditious conspiracy, yet prosecutions for seditious conspiracy are both rare and difficult. And finally, the entire sorry and deadly affair was instigated by an American president — and an American president had never been indicted before, much less for his role in unlawfully attempting to overturn an American election.Now, consider the response. It’s easy to look at Trump’s persistent popularity with G.O.P. voters and the unrepentant boosterism of parts of right-wing media and despair. Does anything make a difference in the fight against Trump’s lawlessness and lies? The answer is yes, and the record is impressive. Let’s go through it.The pro-Trump media ecosphere that repeated and amplified his election lies has paid a price. Fox News agreed to a stunning $787 million defamation settlement with Dominion Voting Systems, and multiple defamation cases continue against multiple right-wing media outlets.Trump’s lawyers and his lawyer allies have paid a price. Last month the U.S. Court of Appeals for the Sixth Circuit upheld the bulk of a sanctions award against Sidney Powell and a Mos Eisley cantina’s worth of Trump-allied lawyers. A New York State appellate court temporarily suspended Rudy Giuliani’s law license in 2021, and earlier this month a Washington, D.C., bar panel recommended that he be disbarred. Jenna Ellis, one of Guiliani’s partners in dangerous dishonesty and frivolous legal arguments, admitted to making multiple misrepresentations in a public censure from the Colorado Bar Association. John Eastman, the former dean of Chapman University’s law school and the author of an infamous legal memo that suggested Mike Pence could overturn the election, is facing his own bar trial in California.Congress has responded to the Jan. 6 crisis, passing bipartisan Electoral Count Act reforms that would make a repeat performance of the congressional attempt to overturn the election far more difficult.The Supreme Court has responded, deciding Moore v. Harper, which gutted the independent state legislature doctrine and guaranteed that partisan state legislatures are still subject to review by the courts.The criminal justice system has responded, securing hundreds of criminal convictions of Jan. 6 rioters, including seditious conspiracy convictions for multiple members of the Oath Keepers and the Proud Boys. And the criminal justice system is still responding, progressing steadily up the command and control chain, with Trump himself apparently the ultimate target.In roughly 30 months — light speed in legal time — the American legal system has built the case law necessary to combat and deter American insurrection. Bar associations are setting precedents. Courts are setting precedents. And these precedents are holding in the face of appeals and legal challenges.Do you wonder why the 2022 election was relatively routine and uneventful, even though the Republicans fielded a host of conspiracy-theorist candidates? Do you wonder why right-wing media was relatively tame after a series of tough G.O.P. losses, especially compared to the deranged hysterics in 2020? Yes, it matters that Trump was not a candidate, but it also matters that the right’s most lawless members have been prosecuted, sued and sanctioned.The consequences for Jan. 6 and the Stop the Steal movement are not exclusively legal. The midterm elections also represented a profound setback for the extreme MAGA right. According to an NBC News report, election-denying candidates “overwhelmingly lost” their races in swing states. It’s hard to avoid the conclusion that the relentless legal efforts also had a political payoff.And to be clear, this accountability has not come exclusively through the left — though the Biden administration and the Garland Justice Department deserve immense credit for their responses to Trump’s insurrection, which have been firm without overreaching. Multiple Republicans joined with Democrats to pass Electoral Count Act reform. Both conservative and liberal justices rejected the independent state legislature doctrine. Conservative and liberal judges, including multiple Trump appointees, likewise rejected Trump’s election challenges. Republican governors and other Republican elected officials in Arizona and Georgia withstood immense pressure from within their own party to uphold Joe Biden’s election win.American legal institutions have passed the Jan. 6 test so far, but the tests aren’t over. Trump is already attempting to substantially delay the trial on his federal indictment in the Mar-a-Lago case, and if a second federal indictment arrives soon, he’ll almost certainly attempt to delay it as well. Trump does not want to face a jury, and if he delays his trials long enough, he can run for president free of any felony convictions. And what if he wins?Simply put, the American people can override the rule of law. If they elect Trump in spite of his indictments, they will empower him to end his own federal criminal prosecutions and render state prosecutions a practical impossibility. They will empower him to pardon his allies. The American voters will break through the legal firewall that preserves our democracy from insurrection and rebellion.We can’t ask for too much from any legal system. A code of laws is ultimately no substitute for moral norms. Our constitutional republic cannot last indefinitely in the face of misinformation, conspiracy and violence. It can remove the worst actors from positions of power and influence. But it cannot ultimately save us from ourselves. American legal institutions have responded to a historical crisis, but all its victories could still be temporary. Our nation can choose the law, or it can choose Trump. It cannot choose both. More

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    Shining a Light on Postpartum Depression

    More from our inbox:How Climate Change Feeds ‘Eco-Anxiety’Domestic ViolenceTrump’s Strategy: StallMaking a Minyan to Mourn Together Travis Dove for The New York TimesTo the Editor:Re “A Look at Life in the Throes of Postpartum Depression” (news article, July 6):Thank you for bringing attention to postpartum depression. Unfortunately, it is estimated that up to half of women with it never get screened and identified. And fewer get effective and adequate treatment.Because so many of its symptoms, such as lack of energy and trouble concentrating, overlap with what normally occurs after delivery, it may not be suspected.But when these symptoms coexist with a predominantly depressed mood that is present all day, when there is a loss of interest and a lack of pleasure, and when the symptoms last for at least two weeks, that is not a normal consequence of childbirth. And it needs to be evaluated and treated.Without treatment, depression can last for months or years. In addition to the personal suffering, the depression can interfere with the mother’s ability to connect and interact with her baby, which can negatively affect the child’s development.Deciding between the two types of treatment mentioned in your article, psychotherapy and medication, need not always be an either/or choice. As with many other forms of depression, a combination of the two may be most effective.Monica N. StarkmanAnn Arbor, Mich.The writer is an active emerita professor of psychiatry at the University of Michigan.To the Editor:As the mom of a 6-week-old (she is asleep in my arms as I write this), I appreciate the increased coverage of postpartum depression and anxiety that I’ve noticed lately in this newspaper and other sources.Since giving birth, I’ve been screened for those conditions more times than I can count — in the hospital, at my OB-GYN’s office and at my daughter’s pediatrician visits.However, in my household, there are two moms: me (the birthing parent) and my wife. Though she may not be experiencing the same shifting hormones or bodily changes and demands as I am, my wife is certainly undergoing the radical life transformations associated with new parenthood.Despite that, she has never been screened for postpartum depression or anxiety, though she currently suffers from the latter to the point that she can hardly sleep.We should be screening all parents — birthing and non-birthing, regardless of gender or biological affiliation with the child — for postpartum depression and anxiety. And we should be including discussion about those individuals in publications such as this one to increase awareness.Andrea B. ScottAustin, TexasHow Climate Change Feeds ‘Eco-Anxiety’A search and rescue worker in Cambridge, Vt. Officials said access to some communities remained almost completely cut off.Hilary Swift for The New York TimesTo the Editor:Re “Urgent Call in Vermont for Better Preparedness” (news article, July 13):Vermont’s catastrophic flooding, and the flooding, fires, tornadoes and severe heat currently engulfing much of the nation, are obvious byproducts of climate change. Our growing fears over these destructive events are less obvious, since they are often left out of the conversation over climate change, even with the devastation left in our communities and the loss of lives that almost always follows these tragic events.An unanticipated consequence of deadly climate change is “eco-anxiety,” the chronic fear of environmental collapse and community destruction. As therapists, we see more and more patients struggling with overwhelming feelings ranging from terror, disgust and rage to grief, sadness and despair.A study of eco-anxiety published in The Lancet showed that 46 percent of young adults in the U.S., and 56 percent globally, believe we are all doomed by climate change, especially with young people experiencing greater anxiety over their futures.Fighting climate change requires science and action. It also requires integrating climate-aware therapy into the equation. We must provide mental resilience for our minds so that we can sustain the fight to repair climate change.Barbara EasterlinLeslie DavenportSan FranciscoThe writers lead the California Institute of Integral Studies’ climate psychology certificate program.Domestic Violence Illustration by Shoshana Schultz/The New York Times; photographs by Michael Ochs Archives and Adam Gault/Getty ImagesTo the Editor:Re “Another Threat to Domestic Abuse Survivors,” by Kathy Hochul (Opinion guest essay, July 12):Firearms and domestic violence are a deadly mix. Every day on average three women are killed by a current or former partner. When a male abuser has access to a gun, the risk he will kill a female partner increases by 1,000 percent. Abusers also use guns to wound, threaten, intimidate and terrorize victims.Governor Hochul is right to be concerned for the safety of domestic violence survivors. The Fifth Circuit Court of Appeals ruling in United States v. Rahimi was dangerous and callously put millions of survivors and their children at risk. It also recklessly disposed of a law effective in reducing intimate partner homicides.Dangerous abusers and others intent on harm should not have access to firearms. The National Network to End Domestic Violence urges the U.S. Supreme Court to put survivor safety front and center and overturn the Fifth Circuit’s misguided decision. Lives are at stake.Melina MilazzoWashingtonThe writer is deputy director of public policy, National Network to End Domestic Violence.Trump’s Strategy: Stall Jordan Gale for The New York TimesTo the Editor:Re “Trump Bid to Delay Florida Trial Poses Key Early Test for Judge” (front page, July 12):Donald Trump’s legal strategy is now clear: Delay, delay, delay until after the 2024 presidential election and do everything possible, legal or otherwise, to win that election, so that he will be able to either pardon himself or install a puppet attorney general who will dismiss all charges.It may not be constitutional for him to pardon himself, but that would ultimately likely be decided by the Supreme Court, with its six-member right-wing supermajority, half of which was appointed by him.It follows that for there to be any hope of justice being done, Mr. Trump can’t be allowed to use his presidential candidacy as an excuse to stall prosecution and can’t be allowed to regain the White House and use the power of the presidency to escape justice.Eric B. LippsStaten IslandMaking a Minyan to Mourn Together Illustration by Shoshana Schultz/The New York Times; photograph by Jeff Swensen/GettyTo the Editor:Re “By Killing 11 Jews, He Killed Something Else, Too,” by Mark Oppenheimer (Opinion guest essay, July 1):Mr. Oppenheimer writes that the massacre of 11 Jews at the Tree of Life synagogue in Pittsburgh (the city where I was born and raised) not only tragically took the lives of these individuals but also has made it difficult for the synagogue to make a minyan, the quorum of 10 Jews required to recite the Mourner’s Kaddish, among other prayers.The reality is that making a minyan has been a problem for synagogues in this country long before the most recent wave of antisemitic events. As the ritual vice president for a Conservative synagogue in a heavily Jewish suburb of Chicago, I see this problem firsthand.We constantly struggle to get a full minyan at our weeknight services, potentially depriving those in mourning or observing a yahrzeit (anniversary of a death) the opportunity to recite Kaddish.The requirement of a minyan reinforces a central value of Judaism: that we do not mourn alone, but as part of a supportive community. It’s incumbent on synagogues to convey this message to their congregations and preserve this age-old tradition.Josh CharlsonDeerfield, Ill. More

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    How Affirmative Action Changed Their Lives

    Stella Tan, Sydney Harper, Asthaa Chaturvedi and Liz O. Baylen, Lisa Chow and Marion Lozano, Dan Powell and Alyssa Moxley and Listen and follow The DailyApple Podcasts | Spotify | Stitcher | Amazon MusicTwo weeks ago, the United States Supreme Court struck down affirmative action, declaring that the race-conscious admissions programs at Harvard and the University of North Carolina were unlawful.Today, three people whose lives were changed by affirmative action discuss the complicated feelings they have about the policy.On today’s episodeSabrina Tavernise, a co-host of The Daily.Opponents of the ruling marching this month in Cambridge, Mass.Kayana Szymczak for The New York TimesBackground readingFor many of the Black, Hispanic and Native Americans whose lives were shaped by affirmative action, the moment has prompted a personal reckoning with its legacy.In earlier decisions, the court had endorsed taking account of race as one factor among many to promote educational diversity.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.Sabrina Tavernise More

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    Ron DeSantis Doesn’t Know Whether He’s Coming or Going

    Gail Collins: Bret, about Ron DeSantis. Last week, I criticized him for weenie stuff like big book advances and questionable road repair materials. At the time, I definitely felt like I was carping.Then his people shared an ad on L.G.B.T.Q. issues that … wow.Bret Stephens: “Wow” just about covers it.Gail: It began with a clip of Donald Trump defending gay rights in days of yore, which was very clearly supposed to make viewers … hate Trump. Followed by praise for Florida laws DeSantis signed that “literally threaten trans existence.” Followed by a super-duper weird montage showing men flexing muscles, Brad Pitt in Trojan-warrior garb and Governor Ron with lightning flashes coming out of his eyes.Pete Buttigieg, who is President Biden’s secretary of transportation and one of the best-known gay figures in politics, rightly pointed out “the strangeness of trying to prove your manhood by putting up a video that splices images of you in between oiled-up, shirtless bodybuilders.”Any thoughts?Bret: I guess my main takeaway is that DeSantis isn’t going to be the next president. He makes Trump seem tolerant, Ted Cruz seem likable, Mitch McConnell seem moderate, Lauren Boebert seem mature and Rick Santorum seem cool. Not what I would have expected out of the Florida governor six months ago, but here’s where I confess: You were right about him, and I was wrong.Gail: My other takeaway is that Republicans are focusing more on L.G.B.T.Q. issues now that they’ve come to understand that attacking abortion isn’t a national winner — or even a state winner in most places.In the long run, stomping on gay rights isn’t going to do it either, because such a huge number of people — even conservative Republicans — have friends, family, colleagues who are gay. May take a while to come to grips with that, but once you realize someone you care about is gay, the idea of persecuting them presumably seems way less attractive.Just recalling how my conservative Catholic mother wound up, in old age, riding on a float in Cincinnati’s Gay Pride parade.Bret: As you mentioned last year in that wonderful column you wrote about Allen Ginsberg.Gay bashing is morally intolerable as well as politically inept. But a lot of people — including many Democrats and independents — have honest and serious concerns about some aspects of the trans issue, especially as it concerns the integrity of women’s sports, the morality of drastic medical interventions in teenagers and the anti-scientific denial of basic biology when it comes to questions of sex. I also detest terms like “bodies with vaginas” as a substitute for “women.” It isn’t a sensitive or inclusive use of language; it’s misogynistic and Orwellian.DeSantis could have addressed these issues in a sober and nuanced way. Instead, he went full Trojan, and I suspect his campaign will meet a similar fate to Troy’s.Gail: Full Trojan? Just like Brad Pitt in that ad!Bret: Switching topics, Gail, can we talk about homelessness? The problem just keeps getting worse, particularly out west, and it’s doing real damage to urban life. Your thoughts on what does and does not work?Gail: What works is pretty simple: more housing and outreach for the mentally ill. Both are difficult, of course, ranging from pretty darned to stupendously.Bret: What also works are ordinances forbidding “camping” on public lands so that homeless people are required to use shelter beds, which some liberal judges have blocked cities from doing. One of the problems of our public discussion of the issue is that we treat homelessness as a problem of the homeless only. It’s also a public safety issue and a quality-of-life issue. People ought to have a right to walk down urban sidewalks that haven’t been turned into tent cities and open-air toilets.Gail: New York is still dealing with a flood of new migrants, mainly from Latin America, who have been coming in huge numbers for more than a year. Most of them are ambitious and hopeful, and they could be a great shot to our local economy — if they had permanent places to stay.Bret: Completely agree. I also think the migrant problem is qualitatively different from the kind of homelessness issues that cities like San Francisco or Portland, Ore., are experiencing. Migrants are struggling with poverty but not, generally, mental health or drug-dependency issues. What migrants typically need is a room and a job.Gail: Eric Adams, the mayor of New York, has talked about finding some of them homes in the suburbs, where there’s obviously more room and housing prices are sometimes a lot lower. Said suburbs rose up in rage to stop an incursion of needy people. It’s so irritating, although I have to admit that my liberal Manhattan neighborhood — which has plenty of programs for the homeless — consistently rebels against talk of any big new housing projects for any income group.Your turn.Bret: I’m skeptical of the theory that we could solve the crisis just by building a lot more housing. First, because we can’t build quickly and cheaply enough to keep up with the growing number of homeless people. Second, because even when the homeless are housed, they often fall back into the kinds of behaviors that ultimately lead them to return to the streets.My own view is that people living on the street should be required to go into shelters, which can be built much more quickly and cheaply than regular housing, be required to get mental health screenings and be required to be treated if they have drug or alcohol dependencies.Gail: Well, if the mental health treatments were great, that might be an argument. But they often aren’t — just because there’s a terrific shortage of personnel.And the shelters are no picnic either. A lot of the people you see on the street have been, at one time or another, threatened by a mentally troubled co-resident, gotten into a fight as a result of shared emotional problems or in some other way come to feel that living on the street is safer.Bret: The other big story from last week, Gail, is the ruling by a federal judge that forbade the Biden administration to work with social media companies to remove content it didn’t like, mainly connected to alleged Covid misinformation. What the administration was doing seems to me like a serious infringement on people’s freedom of speech, but I’d like to know your view.Gail: Gee, I was under the impression one of the jobs of the executive branch was to make sure people were getting the right information about health issues. And it’s not as if the Biden folks marched in and removed a bunch of posts themselves. Conferring with the social media companies seems like something they ought to do.Bret: One good way of thinking about the issue is putting the shoe on the other foot. For instance, we now know that the Steele dossier was malicious partisan misinformation, secretly and illicitly paid for by the Hillary Clinton campaign and the Democratic National Committee, and that some of its most salacious allegations, like the pee-tape stuff, were false. How would you react if you had learned that the Trump administration had been putting heavy pressure on executives at MSNBC to forbid Rachel Maddow from ever mentioning it back when she had her show?Gail: Hey, it’s hot and humid outside. No fair trying to take me down the Hillary Clinton road. Look — the whole world changed with the advent of social media. If you’ve got influencers with millions of followers warning that, say, giving milk to babies is dangerous, you’ve got to do something more than issue a press release.Bret: I’m pretty sure we could get the word out that milk is generally fine for babies or vaccines are generally safe without setting a precedent that the federal government can work with Big Tech to censor individual speech.Gail: Of course I agree with you about freedom of expression. But in the process of protecting it, it’s natural to argue about specific cases with particular details. We will pursue this again soon. Well, forever probably.But let me be boring for a second and ask you about Congress. Just got through that deficit crisis, and another one will be coming around the bend this summer. What’s your long-term advice? Spend less? Tax more? Ignore the whole thing and figure it’ll work out somehow like it always does?Bret: My advice: Talk less, smile more. Seriously, what we need from Congress and the president is to get through the next 18 months without another manufactured domestic crisis. Between the war in Ukraine, Iran’s creeping nuclearization and China’s saber-rattling over Taiwan, we have more than enough to worry about abroad.Gail: Hmm. One writer’s manufactured domestic crisis is maybe another’s reasonable disagreement. And while Congress isn’t always fascinating, it’s at the top of the critical-if-possibly-boring ladder.Bret: Before we go, Gail, I have to put in a word for Penelope Green’s funny, fabulous obituary in The Times of Sue Johanson, a Canadian sex educator who died last month at 92. It has the single most memorable paragraph to appear in the paper for at least a month, if not a year. I have to quote it in full:Is it weird to put body glitter on your boyfriend’s testicles? Is it safe to have sex in a hot tub? Could a Ziploc baggie serve as a condom? If condoms are left in a car and they freeze, are they still good? Answers: No. No (chlorinated water is too harsh for genitals, particularly women’s). Definitely not. And yes, once they’ve been defrosted.I mean, after that, what else is there to say?The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Indian Court Dismisses Rahul Gandhi’s Defamation Appeal

    The defamation case, stemming from a comment Rahul Gandhi made about Prime Minister Narendra Modi, could go to the Supreme Court. It may hurt his ability to run in upcoming elections.Rahul Gandhi, India’s top opposition leader, faced another setback on Friday when a court in the state of Gujarat denied his request to stay his conviction in a defamation case, a move that leaves him at risk of imprisonment and possibly unable to run in national elections next year.Mr. Gandhi, the most prominent leader of the Indian National Congress party, was sentenced to two years in prison in March in connection with a 2019 campaign speech in which he likened Prime Minister Narendra Modi to two Indians accused of swindling money who shared the same last name.A member of Mr. Modi’s party, who also shared the Modi name, argued that the remark was offensive and filed a lawsuit. The sentence, the maximum for defamation cases, automatically disqualified Mr. Gandhi from his seat in Parliament. Members of the opposition have called the case politically motivated.The Gujarat High Court, where Mr. Gandhi had filed a petition seeking a stay on his conviction, said there was no reasonable ground to suspend it. “The conviction is just, proper and legal,” said Justice Hemant Prachchhak, who heard the review plea at the high court.Mr. Gandhi, 53, is out on bail, and his last option is to advance the case to India’s Supreme Court for final review. His party has said he will do so.His case is the latest example of what opposition parties have long accused Mr. Modi of: using branches of the government, including the police and the courts, to quash dissent and bog down political opponents and critics of his government.One of India’s premier law enforcement agencies that answer indirectly to Mr. Modi, the Enforcement Directorate, is being increasingly accused of conducting raids on places connected to political opponents of Mr. Modi’s governing Bharatiya Janata Party, or B.J.P.Mr. Gandhi is among the most vocal of the national opposition leaders, and his legal woes are stymieing him at a time when he was trying to build momentum and to unite various political opposition groups around his party. He had rallied the public with a grass-roots march across India — some 2,000 miles over five months — during which he railed against Mr. Modi’s power.In actively seeking the public’s support, Mr. Gandhi, the scion of a once-mighty political dynasty, positioned himself as a main challenger to Mr. Modi, who remains popular with Indian voters.After his conviction in March in a lower court, Mr. Gandhi approached the high court in Gujarat seeking a stay of the conviction. As long as that conviction stands, Indian law bars him from competing in elections and from Parliament. “The use of defamation law is being utilized to crush a voice,” Abhishek Manu Singhvi, a member of the Indian National Congress, said after the high court verdict. “But that doesn’t mean Rahul Gandhi is afraid. He will continue to walk on the path of truth.”Lawmakers from the B.J.P. praised Friday’s ruling.One of them, Ravi Shankar Prasad, said Mr. Gandhi’s remarks were a direct attack on members of lower-caste groups, including the one with which Mr. Modi is often associated, who have faced discrimination in India for centuries.“It has become a chronic habit of Mr. Rahul Gandhi to abuse, to defame and shower the worst kind of abuses against eminent leaders and organizations,” he said. More