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    Swatting Is a Political Problem

    In a year with so much political and legal tension, law enforcement is seeing a disturbing trend: targeting public officials with swatting, or false emergency calls intended to draw a heavily armed police response. This conduct isn’t a harmless prank; it’s a symptom of a deeper disorder in American politics. Recent incidents involving officials who have taken stands seen as hostile to Donald Trump and bomb threats in multiple state capitols are signs of a troubling escalation in political violence.These hoaxes pose real dangers. Sending armed police officers to someone’s home on the ruse that violence is occurring there risks tragic outcomes, including fatalities, as we saw in Kansas in 2017, when swatting led to a police officer shooting an unarmed man. In addition, swatting diverts law enforcement resources from real emergencies. But more insidiously, these tactics are tools of intimidation, designed to silence voices in the political process.The frequency and visibility of these incidents suggest that swatting and political violence require prosecutors to prioritize their efforts to stop it. Recent targets of swatting include Judge Tanya S. Chutkan, who is presiding over the federal election interference case and whom Mr. Trump has accused of election interference; the special counsel Jack Smith, whom Mr. Trump has called “deranged” and a “thug”; and Gabriel Sterling, a Republican election official in Georgia who rejected Mr. Trump’s claims of fraud in the 2020 election. Justice Arthur Engoron, who is presiding over Mr. Trump’s New York civil fraud trial, received a bomb threat at his home on the day of closing arguments. Maine’s secretary of state, Shenna Bellows, became a victim of swatting shortly after she removed Mr. Trump from the presidential ballot in her state under the insurrection clause of the 14th Amendment. She rightly sees these acts as attempts to chill efforts to enforce the law, calling the incident at her home “designed to scare not only me but also others into silence, to send a message.”Public officials are human. Threats and the specter of violence can get into their heads. The possibility that a loved one might be unnerved, injured or worse as a result of one’s official duties isn’t easily shrugged off for most of us. The husband of Michigan’s governor, Gretchen Whitmer, retired from his dental practice about eight years earlier than planned because of threats he received at his office. The risks can go beyond words. A federal judge in New Jersey suffered the loss of her 20-year-old son in 2020 when a gunman, apparently dressed as a delivery driver, came to her home looking for her and killed her son instead. We cannot forget that threats can escalate into violence. Fear of placing family members in harm’s way can make public officials shrink from making unpopular decisions and can even cause some good people to avoid serving altogether.Of course, this phenomenon isn’t entirely new. At the dawn of the American Revolution, some colonists harassed tax collectors and published the names of those who refused to boycott British goods. And we have experienced bomb threats for decades, learning to live with the disruptions caused by evacuations that result when a threat is phoned in or posted online.But the recent uptick in swatting can be attributed, at least in part, to the dangerous drumbeat of disinformation and dehumanization, a tactic long employed by authoritarians. Political extremists engage in what is known as the either-or fallacy. By framing issues as binary conflicts and demonizing opponents, they create a climate in which violence becomes normalized. Recent statements by Mr. Trump exemplify this strategy. He uses Truth Social posts to make unfounded accusations and express disdain for rivals. These posts do more than spread disinformation. They foster an environment in which violence against perceived enemies becomes not just conceivable but justified.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    As Trump Treats Trials Like Rallies, Judges Study How to Rein Him In

    One judge was reluctantly permissive. Another came down hard. Their contrasting approaches may inform the jurists overseeing the former president’s criminal trials.Donald J. Trump doesn’t change. Judges do.Two weeks ago, a New York judge, Arthur F. Engoron, permitted Mr. Trump to personally deliver a closing argument in his civil fraud trial as long as he stuck to the facts and avoided a courtroom “campaign speech.” Mr. Trump bulldozed through the restrictions, repeated his familiar claim of a “political witch hunt” and assailed the judge to his face.Then last week, after a lawyer down the street at the E. Jean Carroll defamation trial complained that Mr. Trump was grumbling “con job” and “witch hunt” loud enough for jurors to hear, Judge Lewis A. Kaplan sternly warned him that, although he had the right to be present, “that right can be forfeited — and it can be forfeited if he is disruptive.”Ms. Carroll’s lawyers did not find reason to complain again.The judges’ different approaches to the tempestuous storm that entered their courtrooms — and the different results — could offer lessons beyond the two New York cases. They may provide guidance for the judges set to oversee Mr. Trump’s four potential criminal trials, who will want to keep the 45th president from transforming his legal proceedings into political spectacles.“The thing you’ve got to do primarily is set rules and enforce them,” said John S. Martin Jr., a former U.S. District Court judge in Manhattan. “I think if the judge is tough and doesn’t back down, Trump will back down.”Mr. Trump, 77, often finds himself in courtrooms these days, alternating those appearances with campaign stops — and using both for political purposes as he seeks the Republican presidential nomination. On Tuesday, after attending jury selection in Ms. Carroll’s trial, he flew to New Hampshire to begin campaigning. He then returned to court on Wednesday, when she testified, before heading back to New Hampshire.Judges regularly confront defendants who are powerful public figures, like politicians or chief executives, who are used to dominating a room.But judges, particularly those in federal court who enjoy lifetime tenure, do not easily surrender their authority. Typically, threats of financial sanctions, contempt or even short jail sentences can calm the most unruly of courtroom disrupters.What has made Mr. Trump’s appearances challenging is that he may be making the calculation that disobeying a judge or perhaps even losing a legal argument could be politically advantageous. In Ms. Carroll’s defamation trial, Mr. Trump seemed almost to be goading Judge Kaplan into throwing him out of the courtroom.After his two recent confrontations with the judges, Mr. Trump held news conferences before cheering supporters in the lobby of his building at 40 Wall Street. Standing before a row of American flags, he repeated his themes of personal persecution. He called the state attorney general, Letitia James, who had sued him in the civil fraud case, “deranged” and “a political hack.” A week later, he labeled Judge Kaplan “a Trump-hating guy,” and brushed aside Ms. Carroll’s claims. “I, frankly, am the one that suffered damages,” he said.Donald J. Trump has held news conferences at one of his buildings after his court appearances, at which he claims victimhood.Alexi J. Rosenfeld/Getty ImagesBoth of Mr. Trump’s Manhattan trials are still pending. There is no jury in Ms. James’s civil fraud case in New York State Supreme Court; Justice Engoron’s ruling on whether Mr. Trump and his company are liable for a $370 million penalty being sought by the state is expected toward the end of this month.Ms. Carroll’s defamation trial is being heard by a nine-person jury in Federal District Court, with Judge Kaplan overseeing the proceedings. The only issue is how much money, if any, Mr. Trump must pay Ms. Carroll, 80, for defaming her after she accused him in 2019 of sexually abusing her decades before, and for his persistent attacks in statements and social media.Testimony is expected to continue through at least Monday, when the former president has indicated he might testify.Judge Lewis A. Kaplan has been on the bench since 1994 and runs his court sternly.Jefferson Siegel for The New York TimesJudge Kaplan, 79, was appointed to the federal bench by President Bill Clinton in 1994. He is known for his command of the courtroom and, at times, his impatience with lawyers who seem to be unprepared. He has presided over trials involving such boldface-name defendants as Sam Bankman-Fried, the tousle-haired cryptocurrency mogul convicted in November, and Sulaiman Abu Ghaith, a son-in-law and adviser to Osama bin Laden whom the judge sentenced to life in 2014.The judge also presided last spring in a previous case that Ms. Carroll brought against Mr. Trump. In that trial, a jury awarded her $5 million in damages after finding him liable for sexually abusing her in the 1990s and defaming her in a different statement than those that prompted the current case before Judge Kaplan.“This is not his first rodeo,” said Katherine B. Forrest, a former colleague of Judge Kaplan’s on the Manhattan federal bench. “He is going to be quite careful and thoughtful about how he handles this situation.”“I’m sure he’s thinking about when he draws lines, how he draws lines, what the lines mean and what agenda it plays into,” Ms. Forrest added.Judge Kaplan has already ruled that Mr. Trump and his lawyers may not contest the jury’s finding last May that Mr. Trump sexually abused Ms. Carroll or that his statements about her were defamatory.But if Mr. Trump is again disruptive or even removed from the courtroom, the trial should be able to continue, said Michael B. Mukasey, who served as a Manhattan federal judge for nearly two decades. Mr. Mukasey said Judge Kaplan would have an obligation to ensure the jury is not influenced by any extraneous matter.“He would want to make sure that they understand that neither Trump’s antics, nor whatever results from them, is evidence,” Mr. Mukasey said, “because they take an oath to decide the case based only on the evidence and his instructions on the law.”In the state court, Justice Engoron, 74, also has long experience. A former cabdriver and aspiring musician, he makes frequent jokes from the bench and maintains a cordiality with lawyers and witnesses alike.He is a character outside the courtroom too — he once submitted a story to The New York Times about approaching the singer Art Garfunkel, informing him “My name’s Art, too” — and subsequently being mocked by a friend.But Mr. Trump and his lawyers have appeared to test Justice Engoron’s good humor as the judge seeks to determine whether the former president is liable for violating state laws by inflating his net worth, as Ms. James, the attorney general, has argued.When one of Mr. Trump’s lawyers, Christopher M. Kise, said that the former president wanted to speak during closing arguments this month, Justice Engoron said he would permit that as long as Mr. Trump agreed to the conditions that bind any lawyer: to stick to the facts and the law.The former president did not agree to do so. In open court, Mr. Kise renewed his request, prompting a sigh from Justice Engoron. “This is not how it should have been done,” he said.Still, he let Mr. Trump speak, and the former president used his five minutes to attack Ms. James and the judge.One condition Justice Engoron set, however, appeared to be effective: He told Mr. Trump that if he attacked the judge’s staff members — violating a gag order — he would be removed from the courtroom and fined at least $50,000.During his diatribe, Mr. Trump refrained from attacking any staff members.Kate Christobek More

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    Honor Roberto Clemente With a Coin, Congressman Says

    The right fielder for the Pittsburgh Pirates deserves to be commemorated with a coin, Representative Adriano Espaillat says.Good morning. It’s Thursday. Today we’ll find out why a congressman from the Bronx is pressing for a coin to commemorate a baseball player from the Pittsburgh Pirates. We’ll also see what to expect as Donald Trump’s civil fraud trial moves into its final phase.Preston Stroup/Associated PressRepresentative Adriano Espaillat has introduced 49 bills in this session of Congress. One would direct colleges to send information about hate crimes to the federal Department of Education. Another would simplify the requirements for federal assistance after disasters like Hurricane Maria, which devastated Puerto Rico in 2017.Yet another bill would authorize a coin commemorating Roberto Clemente, the superlative right fielder who played for only one team in 18 years in the major leagues, the Pittsburgh Pirates.Why is a congressman from the Bronx cheering on a star of a team that beat the Yankees in the World Series?“I watched him play,” Espaillat said, before talking about how deep the Pirates’ stadium was when Clemente played there — 457 feet to the center-field wall.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Elise Stefanik Files Ethics Complaint Against Trump Fraud Trial Judge

    Justice Arthur Engoron imposed a narrow gag order on Donald Trump. Right-wing allies are going after the judge on his behalf, through official channels and online.Representative Elise Stefanik, a member of the House Republican leadership and an ally of former President Donald J. Trump, filed an ethics complaint Friday attacking the judge presiding over Mr. Trump’s civil fraud trial, the latest salvo in a right-wing war against the case.Echoing the courtroom rhetoric of Mr. Trump’s lawyers, the letter complains that the Democratic judge, Arthur F. Engoron, has been biased against the former president, who testified this week in New York State Supreme Court. The New York attorney general, Letitia James, has accused Mr. Trump of fraudulent business practices, and in a pretrial ruling Justice Engoron agreed, validating the heart of her case.The letter, to a judicial conduct commission, is unlikely to have any immediate repercussions in the trial, which will determine the consequences Mr. Trump and his company will face as a result of the fraud. But it represents the latest Republican attempt to tar Justice Engoron, and to meddle with Ms. James’s case. The judge has placed narrow gag orders on both the former president and his lawyers, but nothing bars Mr. Trump’s allies from their criticism.They have taken up the effort with gusto.“I filed an official judicial complaint against Judge Arthur Engoron for his inappropriate bias and judicial intemperance in New York’s disgraceful lawsuit against President Donald J. Trump and the Trump Organization,” Ms. Stefanik said in a statement Friday.“Judge Engoron’s actions and rulings in this matter are all part of the public record and speak for themselves,” Al Baker, a spokesman for the New York court system, said in an email. “It is inappropriate to comment further.”Robert H. Tembeckjian, the administrator of the state commission on judicial misconduct, noted in a statement that all matters before the body are confidential unless a judge is found to have committed misconduct and a decision is issued.Mr. Trump, 77, has repeatedly implored his allies to fight on his behalf. And Ms. Stefanik, who has close ties to Mr. Trump’s team, has portrayed herself as one of his chief defenders, thrusting herself into the former president’s controversies dating back to the first impeachment he faced while president.The civil fraud trial, which is separate from the four criminal cases against Mr. Trump, began early last month and is at its halfway point. After the former president and his daughter, Ivanka, testified this week, the attorney general’s office rested its case, which accuses Mr. Trump and his company of filling annual financial statements with fraudulent asset values in order to receive favorable treatment from banks and insurers. The defense case will start on Monday, with Donald Trump Jr. scheduled to return to the stand, and is expected to last into December.Justice Engoron, 74, has not responded to the attacks outside the courtroom, though at one point this week he lost his temper when a lawyer for Mr. Trump, Christopher M. Kise, suggested, as he has throughout the trial, that the judge had been biased.“I object now, and I continue to object, to your constant insinuations that I have some sort of double standard here. That is just not true,” the judge said, adding, “I just make the rulings as I see them. You know, like the umpire says, call them as I see them.”Representative Elise Stefanik of New York has become one of the former president’s paladins, vociferously attacking those he sees as enemies. Kenny Holston/The New York TimesStatements like those are unlikely to satisfy Mr. Trump’s allies, and Ms. Stefanik’s attack is just one of many hurled at the judge this week. Laura Loomer, a far-right activist whom Mr. Trump considered hiring to work on his third presidential campaign and has since praised, has targeted the judge and his family in numerous social media posts. Commentators on Fox News and elsewhere in right-wing media have attacked him for shirtless photos that appeared in an alumni newsletter.Ms. Stefanik and others have also attacked the judge’s principal law clerk, Allison Greenfield, who has experience as a trial attorney and whom the judge consults during proceedings when considering rules of evidence and other trial matters.Mr. Trump attacked Ms. Greenfield on the second day of the trial, saying that she was a partisan and was running the case against him. Justice Engoron placed a gag order on the former president barring him from discussing the court staff; Mr. Trump has twice violated that order, incurring $15,000 in fines.After the former president was barred from speaking about Ms. Greenfield, his lawyers took up the cause, continuing to complain about the judge’s practice of consulting her during the trial. Justice Engoron barred the lawyers from commenting on his private communications with Ms. Greenfield. He expressed concern about the safety of his staff and noted that his office had received “hundreds of harassing and threatening phone calls, voicemails, emails, letters and packages.”Republican critics have taken particular issue with donations that Ms. Greenfield, who is also a Democrat, has made over the past several years, accusing her of violating rules governing the conduct of judicial staff members. But Ms. Greenfield has been campaigning for a judgeship and New York’s judicial ethics rules allow candidates to make certain donations, such as purchasing tickets to political functions.Mr. Trump’s congressional allies have taken on a number of the law enforcement officials who have brought cases against the former president. After the former president was criminally indicted in Manhattan in March, Representative Jim Jordan, who has worked closely with Mr. Trump, demanded information about the case from the prosecutor, the Manhattan district attorney, Alvin L. Bragg. Mr. Jordan also subpoenaed Mark F. Pomerantz, a prosecutor who had worked on the criminal case, compelling Mr. Pomerantz to testify in a closed-door congressional session.Mr. Jordan has also said he would investigate a Georgia prosecutor who also indicted Mr. Trump, accusing him of interfering with the 2020 election results in the state. The prosecutor, Fani Willis, fired back, writing in a letter that Mr. Jordan’s “attempt to invoke congressional authority to intrude upon and interfere with an active criminal case in Georgia is flagrantly at odds with the Constitution.” More

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    Trump’s Credibility, Coherence and Control Face Test on Witness Stand

    The former president will testify Monday in a trial that threatens the business empire that created his public persona. He will be out of his element and under oath.Donald J. Trump took the rally stage on a scorching August day in New Hampshire, a political shark, brazen and sly, as he ridiculed his legal opponents as “racist” and “deranged.”On Monday, the former president will come face-to-face with one of those opponents, but on a stage where he is far less comfortable.New York’s attorney general, Letitia James, will call Mr. Trump to the witness stand at his own civil fraud trial in Manhattan, where, under oath and under fire, the former president will try to convince a single skeptical judge — not a jury — that he did not inflate his net worth to defraud banks and insurers.Attorney General Letitia James has already won the central contention of the case, that the defendants committed fraud.Doug Mills/The New York TimesPrivately, Mr. Trump has told advisers that he is not concerned about his time on the stand. He held preparation sessions when he was in New York attending the trial and will again over the weekend before he makes his appearance after court begins on Monday morning, according to people briefed on the matter.The former president believes he can fight or talk his way out of most situations. Frequent visits to the courtroom have also given Mr. Trump familiarity with the unwieldy proceeding, where he projects control, often whispering in his lawyers’ ears, prompting their objections to the attorney general’s questions.Yet Mr. Trump is deeply, personally enraged by this trial — and by the fact that his children have had to testify, several people who have spoken with him said — and he may not be able to restrain himself on the stand.The testimony will push Mr. Trump far outside his comfort zone of social media and the rally stage, where he is a master of mockery, a no-holds barred flamethrower who relishes most opportunities to attack foes. He leveraged that persona during his days as a tabloid businessman and fixture of New York’s tabloids and found that it worked just as well in the 2016 presidential race. He has since taken control of the Republican Party, and his style has become a defining influence in contemporary politics.The witness stand is a different venue. It’s a seat that requires care and control, where lying is a crime and emotional outbursts can land you in contempt of court. Another risk during his time on the stand: Mr. Trump, 77, has been showing signs of strain and age on the campaign trail, mixing up the names of foreign leaders and at one point confusing which city he was in.The test of the former president’s credibility, coherence and self-control could supply his opponents with ammunition on the campaign trail, where Mr. Trump is the leading Republican contender for the White House.Along with the civil fraud trial, Mr. Trump faces four criminal indictments from prosecutors up and down the East Coast. While the varied legal woes present a costly distraction in the midst of his third White House run, Mr. Trump has managed to bring the campaign trail to the courthouse, where he casts himself as a political martyr under attack from Democrats like Ms. James.Mr. Trump, of course, is no stranger to the courtroom. He has taken the witness stand in at least two other civil trials, most recently a decade ago, in a Chicago case related to his property there. He was cranky and sometimes combative, but ultimately won.Justice Arthur F. Engoron has barred the former president from commenting on court staff and fined him $15,000.Dave Sanders for The New York TimesDuring a long and litigious career, he has also testified under oath in numerous depositions — more than 100 by his own estimate — and he has made it something of a sport to spar with his interrogators. His spontaneity under oath may have cost him: He has lost several lawsuits, and his depositions have often been used against him.A trial is far weightier than a deposition, and it takes place in a more controlled environment. Mr. Trump’s lawyers have long highlighted for him the perils of speaking under oath to those seeking to hold him to account. Mr. Trump, eschewing his instinct to talk and bully his way out of a problem, has chosen silence when the legal stakes are highest.He declined to appear before a Manhattan grand jury that ultimately indicted him on charges related to a hush-money deal with a porn star. He rejected an interview with a special counsel investigating his campaign’s ties to Russia, submitting written responses instead. And he initially invoked his right against self-incrimination rather than answer Ms. James’s questions about his net worth.He eventually had a change of heart in the attorney general’s case, answering questions under oath in a deposition this spring. Although he could have continued to invoke his constitutional right not to testify, he had a strong incentive to talk: In a civil case, a jury or judge is allowed to draw negative conclusions from a defendant’s refusal to testify. Doing so would have almost certainly spelled doom for his defense and further exposed him to the harshest of the penalties that Ms. James is asking for, including a $250 million fine.Still, his testimony at trial is unlikely to do him much good.Mr. Trump got off on the wrong foot with the judge, Arthur F. Engoron, who will decide the outcome of the trial. Justice Engoron barred the former president from commenting on court staff after Mr. Trump criticized the judge’s law clerk, and already fined him $15,000 for twice violating the order.At one point, Justice Engoron summoned Mr. Trump to the witness stand to determine whether he had broken the rule. After three minutes, the judge concluded the former president’s statements in his own defense were “hollow and untrue.”Even before the trial, the judge ruled that the former president had persistently committed fraud. What is left to be determined is any penalty Mr. Trump might have to pay and whether he will be banished from the world of New York real estate that made him famous.At the heart of Ms. James’s case is the accusation that Mr. Trump, his adult sons and their family business manipulated the former president’s net worth on annual financial statements. Mr. Trump’s company, the Trump Organization, submitted the statements to banks, duping them into issuing favorable loans, Ms. James says.Last week, Mr. Trump’s elder sons, Eric and Donald Trump Jr., took the stand, seeking to shift blame for the financial statements onto others, including the company’s external accountants.When Donald Trump Jr. was shown a message he had sent to the accountants that certified that the statements were accurate, he referred to it dismissively as a “cover-your-butt letter.”And Eric Trump was defiant when asked whether he had intended to tell lenders the truth about the value of the family’s assets. He certainly had, he said, adding, “I think my father’s net worth is far higher than that number.”Eric Trump, the former president’s son, was among three of his children who will testify in the case.Hiroko Masuike/The New York TimesThe former president’s testimony is expected to follow the pattern set out in his deposition in April: He is likely to insist that there was a disclaimer on the financial statements — which he refers to as a “worthless” clause — that made it clear that banks should do their own due diligence. He will also probably cling to the principle that real estate valuations are an art, not a science.“Many lawyers have come to me and said, ‘You have the greatest worthless clause I’ve ever seen,’” Mr. Trump said in the deposition. “‘How can they be using this statement against you?’”Mr. Trump’s obsession with his wealth is a defining feature of his celebrity. He once posed as one of his own aides to claim a higher net worth to a Forbes magazine reporter helping assemble the publication’s famous annual list of the wealthy, according to the reporter who took the call.He used the image of an enormously rich titan of industry — despite a relatively small portfolio compared with New York’s largest developers — to sell his book “The Art of the Deal” in 1987. That ghostwritten portrait was the basis for putting Mr. Trump on the reality television show “The Apprentice,” which enhanced his fame and forged a durable national identity that propelled his run for president in 2015.The questions he’ll face on the stand threaten the heart of that identity.But this is not the first case to tackle Mr. Trump’s exaggerations of wealth. In 2006, Mr. Trump sued the journalist Timothy L. O’Brien for writing a book that cast doubt on his net worth, and in a deposition, Mr. Trump made damaging admissions, including that his net worth “can vary actually from day to day,” and that he determined it by gauging “my general attitude at the time.”“Have you ever exaggerated in statements about your properties?” Mr. O’Brien’s lawyer asked him.“I think everyone does,” Mr. Trump replied.A judge later dismissed Mr. Trump’s lawsuit. 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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    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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    As His Trial Begins, Trump Looks to Capitalize On It

    The former president is making the case to his supporters that he is being wrongfully prosecuted. And it might bring him more support.Former President Donald J. Trump is expected to attend the opening of the civil trial in the New York attorney general’s fraud case against him on Monday, as his political team seeks to turn it into a rallying cry for supporters.The decision to show up voluntarily in court by Mr. Trump, who has already been compelled to courthouses in four different criminal arraignments this year, underscores how personally aggrieved Mr. Trump feels by the accusations of fraud, as well as his own self-confidence that showing up will help his legal cause.The move also reveals how inverted the norms of politics have become in the Trump-era Republican Party: Being accused of wrongdoing could be politically beneficial despite the very real legal jeopardy.In a political age in which candidates are defined as much by their critics and opponents as by their stances, some of Mr. Trump’s advisers see an opportunity in a case first brought by a Democratic New York attorney general, Letitia James, even if the accusations cut to the heart of his identity.In some ways, the Trump campaign, which has seen his supporters galvanized by the criminal charges he’s faced, is trying to turn the civil case into something akin to a fifth indictment — a moment to motivate his base.“Trump seems to be approaching his legal troubles like a hand of hearts — one or two indictments hurt you politically, but if you collect them all, you might shoot the moon,” Liam Donovan, a Republican operative, said. “The sheer volume and variety obscures the individual cases and their fact patterns, and plays into Trump’s argument that his opponents are trying to take him down by whatever means they can.”For Mr. Trump, his attendance at trial is far more personal than political, according to a person familiar with his thinking. The former president is enraged by the fraud charges and furious with both the judge and the attorney general. And Mr. Trump, who is a control enthusiast, believes that trials have gone poorly for him when he hasn’t been present, and he hopes to affect the outcome this time, according to the person.The former president, for instance, never attended the civil trial earlier this year in which the writer, E. Jean Carroll, accused him of raping her in the 1990s, despite publicly toying with the idea of appearing. Mr. Trump was found liable for sexually abusing Ms. Carroll and defaming her.People close to Mr. Trump cautioned that he could decide against appearing, since he was not required to do so, but they were planning for him to attend at least the first day and possibly the second day as well.Over the weekend, Mr. Trump’s campaign openly sought to take advantage of the attention, sending fund-raising solicitations that teased his possible attendance and accusing Democrats of “trying to keep me off the campaign trail.”“After four sham arrests, indictments, and even a mug shot failed to break me, a Democrat judge is now trying to destroy my Family Business,” Mr. Trump wrote in a fund-raising message on Saturday.The push to highlight the trial comes at a critical juncture for Mr. Trump’s primary challengers, who face a narrowing window to show signs of life in a race that Mr. Trump has threatened to run away with.The specifics of the case can seem almost beside the point. A New York trial judge, Arthur F. Engoron, issued a surprise pretrial ruling last week that found Mr. Trump liable for overvaluing his properties. The ruling left his assets, including Trump Tower itself, vulnerable to seizure. The point of the trial is to determine the scope of damages that Mr. Trump and his company must pay — as much as $250 million. Mr. Trump and his lawyers have argued that the ruling is illegitimate and doesn’t follow the facts of the case.Years ago, a decision like the one that Justice Engoron issued would have been a source of embarrassment for a candidate and might have been considered by that candidate’s supporters as a reason to back someone else.But this is the new post-shame period of politics, in which candidates have observed over time that the mistake is allowing oneself to be thrown out of the ring. That sentiment affects both parties, to a degree: A Democratic senator, Bob Menendez of New Jersey, was indicted on corruption charges, and gold bars were found in his house. He has pleaded not guilty and vowed to stay in the Senate.However, a number of his colleagues have called for him to resign, in stark contrast to how the vast majority of Republican officials have gingerly handled — and continued to support — Mr. Trump, echoing his repeated claim that he’s the victim of political persecution.Mr. Trump’s single previous highest day of fund-raising, according to the campaign, came after his mug shot was released in his Georgia indictment, which accused him of being part of a criminal conspiracy to overturn the 2020 election.Corry Bliss, a veteran Republican political strategist, said all the previous indictments and legal cases have blended together for most Republican primary voters into a single picture of a former president wrongly under attack.“If anything, it’s reinforced a belief among the large segment of the base that Trump is treated unfairly and the Democrats dislike him so much that they’re willing to do whatever it takes to defeat him — whether that’s electorally or in the judicial system,” Mr. Bliss said. “The legal facts that most Republicans are interested in are the Hunter Biden facts. Period. End of discussion.”Any attention on the Trump case is also likely to rob Mr. Trump’s rivals of the political oxygen they need to close the substantial advantage that the former president holds in the polls. None of his opponents, including Gov. Ron DeSantis of Florida, have yet to figure out a way to turn Mr. Trump’s multitude of legal troubles against him, or to cut through the extensive media coverage.“It starves them,” said Raheem Kassam, editor in chief of The National Pulse, a conservative news site, who interviewed Mr. Trump last week. “It starves them.”For Mr. Trump, Mr. Kassam said, “every step of the way it drags on, it only empowers him” in part because “notoriety at this point” is an advantage itself. And that trend, he noted, is not exclusive to Mr. Trump, citing Representative Matt Gaetz of Florida, a Trump ally, who faced an investigation related to sex-trafficking that was eventually dropped.“If you look at what happened to Gaetz, his star rose because of it,” Mr. Kassam said.Mr. Trump’s family has explicitly tried to frame the coming trial as an example of political persecution, deploying the same language as they have in his criminal cases. Mr. Trump has called Judge Engoron “deranged,” the very same term he has sought to apply to the Justice Department’s special counsel, Jack Smith.“I’ve never even seen anything like it,” Donald Trump Jr. said in an interview last week on The Charlie Kirk Show. “This is sort of like the start of the Bolshevik Revolution — we don’t like you, so we’re going to confiscate property.”He added, “Hey, our last name is Trump, so we have to be punished.” More