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    Where Oligarchy and Populism Meet

    More from our inbox:The Cruelties of Cash BailThalassa Raasch for The New York TimesTo the Editor:Re “It’s About Ideology, Not Oligarchy,” by Ross Douthat (column, March 23):Ross Douthat asks the right questions in this column: Why have Elon Musk and the other Silicon Valley hotshots swung hard behind President Trump? Why are they pouring money and energy into the MAGA movement? And why is Mr. Trump giving them free rein? But Mr. Douthat provides the wrong answer. It is not credible to think, as he suggests, that Mr. Musk has suddenly committed his life to lowering the deficit or shrinking the government.We know quite well what Mr. Musk and his tech-bro pals want: to translate their tremendous wealth into power, and use that power to remake the United States into a vehicle for the endless growth of technology and, not incidentally, of their own wealth and glory. There is ideology here, an Ayn Randian glorification of the noble creators. It is an ideology that amounts to oligarchy.Mr. Trump is seen as the vehicle for this transformation. His interests and those of the tech elite overlap, for now. Both want to fatally weaken the government and leave it open to a takeover. Mr. Trump sees himself as the new owner, while Mr. Musk and others want it run by the enlightened few. They will clash, but whoever wins, the American people will be the losers.Adam WassermanSanta Fe, N.M.To the Editor:Ross Douthat should take his cue on oligarchy from countries where it thrives. The central characteristic of these governments is rule of (a few) men rather than rule of law. The concentration of political and economic power is typically maintained not by a coherent ideology or by policies that explicitly favor the superrich, but by identity politics that divide people into “us” and “them.”In parts of Eastern Europe, oligarchs rely on a mixture of jingoism and ethnic nationalism fueled by external grievances and anti-immigrant and anti-L.G.B.T.Q. sentiment. These narratives justify the power of the oligarchs and maintain the system.Across the board, the rule of law unravels because it constrains the power of the oligarchs. Is America headed in that direction?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? Log in.Want all of The Times? Subscribe. More

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    Top FDA Vaccine Official Resigns, Citing Kennedy’s ‘Misinformation and Lies’

    The Food and Drug Administration’s top vaccine official, Dr. Peter Marks, resigned under pressure Friday and said that Health Secretary Robert F. Kennedy Jr.’s aggressive stance on vaccines was irresponsible and posed a danger to the public.“It has become clear that truth and transparency are not desired by the secretary, but rather he wishes subservient confirmation of his misinformation and lies,” Dr. Marks wrote to Sara Brenner, the agency’s acting commissioner. He reiterated the sentiments in an interview, saying: “This man doesn’t care about the truth. He cares about what is making him followers.”Dr. Marks resigned after he was summoned to the Department of Health and Human Services Friday afternoon and told that he could either quit or be fired, according to a person familiar with the matter.Dr. Marks led the agency’s Center for Biologics Evaluation and Research, which authorized and monitored the safety of vaccines and a wide array of other treatments, including cell and gene therapies. He was viewed as a steady hand by many during the Covid pandemic but had come under criticism for being overly generous to companies that sought approvals for therapies with mixed evidence of a benefit.His continued oversight of the F.D.A.’s vaccine program clearly put him at odds with the new health secretary. Since Mr. Kennedy was sworn in on Feb. 13, he has issued a series of directives on vaccine policy that have signaled his willingness to unravel decades of vaccine safety policies. He has rattled people who fear he will use his powerful government authority to further his decades-long campaign of claiming that vaccines are singularly harmful, despite vast evidence of their role in saving millions of lives worldwide.“Undermining confidence in well-established vaccines that have met the high standards for quality, safety and effectiveness that have been in place for decades at F.D.A. is irresponsible, detrimental to public health, and a clear danger to our nation’s health, safety and security,” Dr. Marks wrote.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? Log in.Want all of The Times? Subscribe. More

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    Read the Justice Department’s filing in the Adams case.

    Case 1:24-cr-00556-DEH Document 175-1 Filed 03/25/25
    Page 10 of 15
    the motion is uncontested, the court should ordinarily presume that the prosecutor is acting in good
    faith and dismiss the indictment without prejudice”). But Adams’s consent-which was
    negotiated without my Office’s awareness or participation-would not guarantee a successful
    motion, given the basic flaws in the Department’s rationales. See Nederlandsche Combinatie, 428
    F. Supp. at 117 (declining to “rubber stamp” dismissal because although defendant did not appear
    to object, “the court is vested with the responsibility of protecting the interests of the public on
    whose behalf the criminal action is brought”).
    The Government “may, with leave of court, dismiss an indictment” under Rule 48(a) of the
    Federal Rules of Criminal Procedure. “The principal object of the ‘leave of court’ requirement is
    apparently to protect a defendant against prosecutorial harassment, e.g., charging, dismissing, and
    recharging, when the Government moves to dismiss an indictment over the defendant’s objection.”
    Rinaldi v. United States, 434 U.S. 22, 30 n.15 (1977). “But the Rule has also been held to permit
    the court to deny a Government dismissal motion to which the defendant has consented if the
    motion is prompted by considerations clearly contrary to the public interest.” Id.; see also JM 9-
    2.050 (reflecting Department’s position that a “court may decline leave to dismiss if the manifest
    public interest requires it).
    “Rarely will the judiciary overrule the Executive Branch’s exercise of these prosecutorial
    decisions.” Blaszczak, 56 F.4th at 238. But courts, including the Second Circuit, will nonetheless
    inquire as to whether dismissal would be clearly contrary to the public interest. See, e.g., id. at
    238-42 (extended discussion of contrary to public interest standard and cases applying it); see also
    JM 9-2.050 (requiring “a written motion for leave to dismiss. . . explaining fully the reason for
    the request” to dismiss for cases of public interest as well as for cases involving bribery). Although
    it appears rare, at least one court in our district has rejected a dismissal under Rule 48(a) as contrary
    to the public interest, regardless of the defendant’s consent. See Nederlandsche Combinatie, 428
    F. Supp. At 116-17 (“After reviewing the entire record, the court has determined that a dismissal
    of the indictment against Mr. Massaut is not in the public interest. Therefore, the government’s
    motion to dismiss as to Mr. Massaut must be and is denied.”).
    The cases show some inconsistency concerning what courts should do if they find the
    standard for dismissal without prejudice not met. Some have instead dismissed indictments with
    prejudice. See, e.g., United States v. Madzarac, 678 F. Supp. 3d 43 (D.D.C. 2023). The better-
    reasoned view, however, is that courts considering a Rule 48(a) motion to dismiss without
    prejudice must either grant or deny the motion as made-they cannot grant the dismissal, but do
    so with prejudice, unless the Government consents. See United States v. B.G.G., 53 F.4th 1353,
    1369 (11th Cir. 2022) (“[R]ule 48(a) does not give the district court the discretion to rewrite the
    government’s dismissal motion from one without prejudice to one with prejudice.”); United States
    v. Flotron, 17 Cr. 00220 (JAM), 2018 WL 940554, at *5 (D. Conn. Feb. 19, 2018) (denying
    Government’s motion to dismiss without prejudice as contrary to public interest and requiring
    Government to proceed to trial); see also In re United States, 345 F.3d 450, 453 (7th Cir. 2003)
    (suggesting that courts might condition grant of Rule 48(a) motion on Government’s consent that
    prejudice attach).
    The assigned District Judge, the Honorable Dale E. Ho, appears likely to conduct a
    searching inquiry in this case. Although Judge Ho is a recent appointee with little judicial track
    record, he has resolved the motions in this case in lengthy written opinions that included research
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    White House Wants to Recruit Corporate Sponsors for Easter Egg Roll

    The White House wants to recruit corporate sponsors to contribute to its Easter Egg Roll next month, raising ethical and legal concerns that President Trump is allowing companies to profit from the 147-year-old tradition by turning it into a showcase for their brands.The financial backers of the April 21 event would be able to choose from three options that cost between $75,000 and $200,000, according to a nine-page guide for potential sponsors that was reviewed by The New York Times.The most expensive package includes a corporate booth, logo placements, branded snacks or beverages, exclusive tickets to brunch with the first lady, Melania Trump, a chance to engage with the White House Press Corps, a private White House tour and 150 tickets to the event.“Be a part of history,” reads the guide, which was written by Harbinger, an event production company founded by Republican aides in 2013. It invites sponsors to “provide financial support, activities and giveaways to enhance the event while gaining valuable brand visibility and national recognition.”As in the past, any money raised through the event will go to the White House Historical Association, a private nonprofit educational organization founded by Jacqueline Kennedy in 1961. The event is largely held without taxpayer dollars, with the American Egg Board, a marketing group for the egg industry, sponsoring thousands of eggs for the event — but without the kind of visibility laid out by Harbinger’s guide.Federal regulations prohibit government employees from using their public office for private gain. Richard W. Painter, who served as chief ethics lawyer in the White House Counsel’s Office under President George W. Bush, said that the White House was clearly breaking that code by allowing private enterprises to use an official event to showcase their brands and letting the proceeds flow into a private nonprofit.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? Log in.Want all of The Times? Subscribe. More

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    Paul Weiss Deal With Trump Faces Backlash From Legal Profession

    Some lawyers said the deal was driven by profit. Others said it was enabling autocracy. One said the move had prompted her to quit her legal job in disgust.All over the legal world, lawyers on Friday were talking about the deal that Paul Weiss, one of the nation’s most prominent law firms, had made with President Trump to escape an onerous executive order that would have prevented it from representing many clients before the federal government. To avoid the hit to its business, the firm agreed to do $40 million worth of pro bono work for causes favored by the White House.It was a striking development in the White House’s broad retribution campaign against big law firms that represented lawyers or prosecutors in the criminal cases against Mr. Trump before the 2024 election.Paul Weiss’s move was a particular point of contention because of the firm’s standing in the legal community. The firm has long been dominated by Democrats and prided itself on being at the forefront of fights against the government for civil rights.“They have all the resources they need to fight an unlawful order,” said John Moscow, who was a top prosecutor at the Manhattan district attorney’s office under Robert Morgenthau. “The example they are setting is to surrender to unlawful orders rather than fight them in court.”Lawyers at firms both large and small took to social media to denounce the firm.“Absolutely shameful and spineless behavior,” one lawyer posted on X.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? Log in.Want all of The Times? Subscribe. More

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    Adams’s Associates Under Federal Investigation Over Ties to China

    The Justice Department is pushing to drop corruption charges against Eric Adams in Manhattan while federal authorities in Brooklyn have been investigating his top fund-raisers.The Trump administration appears likely to succeed in having federal corruption charges dropped against Mayor Eric Adams in Manhattan.But in Brooklyn, a separate group of prosecutors has been conducting a long-running investigation involving Mr. Adams’s most prominent fund-raiser — and at one point searched her homes and office for evidence of a possible Chinese government scheme to influence Mr. Adams’s election, according to a copy of a search warrant, portions of which were read to The New York Times.Mr. Adams has known the fund-raiser, Winnie Greco, for more than a decade, and he appointed her to be his Asian affairs adviser after he became mayor in 2022. She has been a close collaborator with people and groups linked to the Chinese government over the years, and she has showed a willingness to steer politicians toward pro-Beijing narratives, The Times reported in October.The searches of her homes in the Bronx and office in Queens occurred early last year and were overseen by prosecutors from the U.S. attorney’s office for the Eastern District of New York. The agents conducting the searches were also seeking evidence of solicitation of illegal contributions from foreign nationals, wire fraud and conspiracy, the warrant said.On the day Ms. Greco’s homes were searched, and as part of the same investigation, agents also searched the mansion of another prominent fund-raiser for the Adams campaign, Lian Wu Shao, on Long Island, according to two people with knowledge of the matter. The search of Mr. Shao’s home has not been previously reported.A wealthy Chinese businessman, Mr. Shao is the operator of the New World Mall in Flushing, Queens, which housed Ms. Greco’s office. Records show that hundreds of donors associated with his companies boosted Mr. Adams’s 2021 campaign.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? Log in.Want all of The Times? Subscribe. More

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    Netanyahu Moves to Fire Israel’s Domestic Intelligence Chief

    The Israeli prime minister’s effort to remove the Shin Bet chief is raising concerns about whether he was seeking to undermine the agency’s independence.Prime Minister Benjamin Netanyahu said on Sunday that he was taking action to oust the director of the Shin Bet, Israel’s domestic intelligence agency, raising concerns among critics that he was seeking to undermine its independence.Mr. Netanyahu’s effort to fire Ronen Bar, the head of the powerful agency, underscored longstanding tensions between the prime minister and leading members of Israel’s security establishment, who have clashed over the handling of the war in Gaza.The decision to pursue Mr. Bar’s termination also came in the wake of Shin Bet investigations into allegations against several Netanyahu aides, including that one allegedly leaked a secret document to a foreign newspaper.The prime minister’s office said that Mr. Netanyahu had informed Mr. Bar that a draft resolution for his ouster would be presented to the Israeli cabinet this week for approval.But in a letter, Gali Baharav-Miara, the attorney general, said Mr. Netanyahu wasn’t allowed to even begin the process until a determination was made about the legality of terminating Mr. Bar. She said there were concerns that it would be a conflict of interest for Mr. Netanyahu. Members of Mr. Netanyahu’s coalition have demanded the prime minister fire Mr. Bar for what they say is his undermining of the prime minister. They have also called for firing Ms. Baharav-Miara, who has long had a strained relationship with Mr. Netanyahu.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? Log in.Want all of The Times? Subscribe. More

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    Buying a Home? Without the CFPB, You Need to Be Your Own Watchdog.

    The C.F.P.B. had kept a close eye on mortgage lenders. But with the bureau hobbled, consumers should take several steps, starting with shopping for the best mortgage rates.House prices are stubbornly high, and mortgage rates remain substantially above their prepandemic level. Now, with the spring home buying season looming, shoppers have a new worry: A major federal consumer watchdog has been hobbled.Without the Consumer Financial Protection Bureau, the agency responsible for overseeing most aspects of the home buying process, consumer advocates say home buyers need to be their own watchdogs.“Now, when you buy a house, you are much more vulnerable to being misled,” said Sharon Cornelissen, housing director with the Consumer Federation of America. “It’s important to be on guard, because guardrails are being taken away.”Buying a home is the biggest financial decision most Americans will make in their lives. The typical home price is about $397,000, according to the National Association of Realtors, but prices are far higher in some parts of the country. In several California counties, for instance, the median price at the end of last year was over $1.5 million, with monthly mortgage payments over $8,000.What role has the consumer bureau played in home buying?The consumer bureau was created after the financial and housing crisis in 2007-8 to streamline oversight of lenders and financial companies serving consumers. Over the years, the bureau has moved to ease the mortgage shopping process by offering simplified forms and educational tools, and has taken action against an array of banks and lenders. In 2022, for instance, the bureau ordered Wells Fargo to pay $3.7 billion for mishandling a variety of customer accounts, including improperly denying thousands of requests for mortgage loan modifications that in some cases led borrowers to lose their homes to “wrongful” foreclosures.On Jan. 17, in the final days of the Biden administration, the bureau reached a settlement with Draper and Kramer Mortgage Corporation for discouraging borrowers from applying for loans to buy homes in majority Black and Hispanic neighborhoods in Chicago and Boston. In an email, the lender’s lawyers said Draper and Kramer “considers the matter closed and denies” the bureau’s claims, but chose to settle in part to avoid “protracted legal costs.”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? Log in.Want all of The Times? Subscribe. More