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    George Santos Dodges Questions as Democrats Label Him ‘Unfit to Serve’

    Democratic House leaders stopped short of calling for the resignation of Mr. Santos, a Republican, who may have misrepresented himself in his résumé.Representative-elect George Santos on Monday faced a barrage of questions, as well as an uncertain future, after an article in The New York Times revealed that he may have misrepresented key parts of his résumé on the campaign trail.The Times’s report found that Mr. Santos, a Republican whose victory in Long Island and northeast Queens last month helped his party clinch a narrow majority in the House of Representatives, may have misled voters about his college graduation and his purported career on Wall Street and omitted details about his business from financial disclosures forms.House Republicans and state party leaders were largely silent on Monday. But Joseph G. Cairo Jr., the Nassau County Republican chairman, said in a statement that The Times’s reporting raised “serious” issues that he believed Mr. Santos should address.“Every person deserves an opportunity to ‘clear’ his/her name in the face of accusations,” Mr. Cairo said. “I am committed to this principle, and I look forward to the congressman-elect’s responses to the news reports.”Mr. Santos, 34, has declined numerous requests to be interviewed. On Monday evening, he used Twitter to recirculate a short statement that his lawyer, Joseph Murray, had released on Friday, with one small addition. On Monday, Mr. Murray characterized the Times article as a “shotgun blast of attacks,” but did not provide specific criticisms of what he had called The Times’s “defamatory allegations.”The statement was Mr. Santos’s first public acknowledgment of the questions surrounding his background since Sunday night, when — hours after he had been notified of The Times’s plans to publish its findings — Mr. Santos said on Twitter that he enthusiastically backed Representative Kevin McCarthy of California to be the next House speaker.Mr. McCarthy has been working to quell an effort by hard-right lawmakers to threaten his bid to become speaker when Republicans take control of the House. He has not addressed Mr. Santos’s remarks or The Times’s reporting. A spokesman did not respond to emails and phone calls asking for an interview.A New U.S. Congress Takes ShapeFollowing the 2022 midterm elections, Democrats maintained control of the Senate while Republicans flipped the House.McCarthy’s Fraught Speaker Bid: Representative Kevin McCarthy has so far been unable to quash a mini-revolt on the right that threatens to imperil his effort to secure the top House job.The G.O.P.’s Fringe: Three incoming congressmen attended a gala that drew white nationalists and conspiracy theorists, raising questions about the influence of extremists on the new Republican-led House.Kyrsten Sinema: The Arizona senator said that she would leave the Democratic Party and register as an independent, just days after the Democrats secured an expanded majority in the Senate.A Looming Clash: Congressional leaders have all but abandoned the idea of acting to raise the debt ceiling before Democrats lose control of the House, punting the issue to a new Congress.Representative Eric Swalwell, a Democrat of California, questioned on Twitter whether Mr. McCarthy might “strike a corrupt bargain” with Mr. Santos, suggesting that Mr. McCarthy would refrain from taking action against Mr. Santos in exchange for his vote as House speaker.Representative Hakeem Jeffries of New York, who will be the House Democrats’ leader when the next Congress begins in January, said in a statement that Mr. Santos was “woefully unqualified” and “clearly unfit to serve.”But Mr. Jeffries, whose caucus is days away from falling out of power, stopped short of calling for action on the part of Republican leaders, even as some state Democrats pushed for further investigation.Susan Lerner, the executive director of the government reform group Common Cause, called on Mr. Santos to step down and urged the bipartisan Office of Congressional Ethics and federal prosecutors to investigate.With a razor-thin majority, Republicans have few reasons for challenging or investigating Mr. Santos, and many for defending him. If Mr. Santos were to resign, there is no guarantee that a Republican would win a special election to fill his seat.Mr. Santos, who ran unopposed in his primary this year, was already expected to face a challenging re-election in 2024 in a largely suburban district that, until this year, had recently favored Democrats.Over the course of his campaigns, Mr. Santos claimed to have graduated from Baruch College in 2010 before working at Citigroup and, eventually, Goldman Sachs. But officials at Baruch said they could find no record of his having graduated that year, and representatives from Citigroup and Goldman Sachs could not locate records of his employment.Experts in ethics noted that Mr. Santos’s campaign disclosures revealed little about the source of his fortune, in particular failing to name any client who paid more than $5,000 to his company, the Devolder Organization. Such an omission could be problematic if it were to become clear that he had intentionally avoided disclosing his clientele.Mr. Santos’s candidate disclosures show that he paid himself $750,000 annually, and earned dividends of more than $1 million while running for Congress.There are several avenues by which an ethics investigation could take place within the House of Representatives, but none would be likely to affect Mr. Santos’s ability to assume office in January.Any process would require bipartisan cooperation and would be likely to be lengthy. There is also the question of whether the House would claim jurisdiction over behavior that took place before the subject assumed office, though some recent actions suggest that they might be inclined to take a more expansive approach, if the behavior was campaign-related.Jay Jacobs, the state Democratic Party chair, said that Mr. McCarthy should delay seating Mr. Santos pending an investigation. The state party has been under siege since Democrats underperformed in November, particularly on Long Island, and faced new criticism on Monday over its failure to identify or effectively publicize the inconsistencies in Mr. Santos’s résumé before Election Day.Mr. Jacobs acknowledged that the revelations would have had more impact during the campaign. “The opposition research wasn’t as complete as the Times investigation,” he said, but said that attention would be more appropriately directed at Mr. Santos rather than the party.Several of Mr. Santos’s future constituents said they were shocked and disappointed at the disclosures of his apparent misrepresentations.Andres Thaodopoulos, 36, the owner of a Greek restaurant in the Whitestone neighborhood of Queens, said that he did not vote in November, but that he had welcomed Mr. Santos’s promises to fight crime and cut taxes.“I feel disappointed because the people trust our lives to these leaders,” he said.On Monday night, after Mr. Santos posted his lawyer’s statement, Mr. Swalwell criticized it for insufficiently addressing the questions raised by The Times’s story, including a criminal case for check fraud in Brazil that officials there said remained unresolved.Of the 132 words in the statement, Mr. Swalwell said, “not one addresses the mountain of evidence that you’re a wanted international criminal who lied about graduating college and where you worked.”Others pointed to another seeming inaccuracy. In the last sentence of his statement, Mr. Santos’s lawyer closed with a quote he attributed to Winston Churchill: “You have enemies? Good. It means that you’ve stood up for something, sometime in your life.”According to the fact-checking website PolitiFact, the words probably were not said by Churchill. PolitiFact instead attributed the original sentiment to the French writer Victor Hugo.Nate Schweber More

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    Jan. 6 Panel Accuses Trump of Insurrection and Refers Him to Justice Dept.

    WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol accused former President Donald J. Trump on Monday of inciting insurrection, conspiracy to defraud the United States, obstruction of an act of Congress and one other federal crime as it referred him to the Justice Department for potential prosecution.The action, the first time in American history that Congress has referred a former president for criminal prosecution, is the coda to the committee’s 18-month investigation into Mr. Trump’s effort to overturn the 2020 election that culminated in a violent mob of the former president’s supporters laying siege to the Capitol.The criminal referrals were a major escalation for a congressional investigation that is the most significant in a generation. The panel named five other Trump allies — Mark Meadows, his final chief of staff, and the lawyers Rudolph W. Giuliani, John Eastman, Jeffrey Clark and Kenneth Chesebro — as potential co-conspirators with Mr. Trump in actions the committee said warranted Justice Department investigation. The charges, including a fourth for Mr. Trump of conspiracy to make a false statement, would carry prison sentences, some of them lengthy, if federal prosecutors chose to pursue them.The committee’s referrals do not carry legal weight or compel any action by the Justice Department, which is conducting its own investigation into Jan. 6 and the actions of Mr. Trump and his allies leading up to the attack. But the referrals sent a powerful signal that a bipartisan committee of Congress believes the former president committed crimes.A Justice Department spokesman declined to comment on the referrals.Mr. Trump attacked the committee as “highly partisan” ahead of a final meeting the panel held on Monday to release an executive summary of its final report on the Capitol attack and to vote on referring the former president to the Justice Department.“It’s a kangaroo court,” Mr. Trump said Monday on “The Dan Bongino Show.” “The people aren’t going to stand for it.” He elaborated on that theme in a post on Truth Social, his social media network, after the meeting.“These folks don’t get it that when they come after me, people who love freedom rally around me. It strengthens me,” he said, adding that he “told everyone to go home” on Jan. 6, but leaving out his hours of inaction before that while a mob of his supporters rampaged through the Capitol.Republicans, who have vowed to investigate the committee after they take control of the House in January, mounted a modest response. Representative Elise Stefanik of New York, the No. 3 House Republican, was one of the few to react with a statement, accusing the committee of staging a “partisan charade.” She promised that Republicans “will hold House Democrats accountable for their illegitimate abuse of power.”The executive summary, a 154-page narrative of Mr. Trump’s relentless drive to remain in power after he lost the 2020 election by seven million votes, identifies co-conspirators who aided Mr. Trump. But it singles out the former president as the primary cause of the mob violence.“That evidence has led to an overriding and straightforward conclusion: The central cause of Jan. 6 was one man, former President Donald Trump, who many others followed,” the summary stated. “None of the events of Jan. 6 would have happened without him.”Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.The summary closely follows the evidence from the committee’s 10 previous public hearings, but the facts have been assembled into a readable narrative that amounts to an astonishing story of Mr. Trump’s efforts to effectively overthrow the government he led. The committee is expected to release a lengthy final report on Wednesday.“Every president in our history has defended this orderly transfer of authority, except one,” Representative Liz Cheney, the Wyoming Republican and vice chairwoman of the committee, said at the start of the meeting.Representative Jamie Raskin, Democrat of Maryland and a member of the committee, said of Mr. Trump: “Nothing could be a greater betrayal of this duty than to assist in insurrection against the constitutional order.”The action is the culmination of the committee’s intense 18-month investigation into former President Donald J. Trump’s effort to overturn the 2020 election.Haiyun Jiang/The New York TimesThe summary and referrals have now set up a dynamic without parallel in the annals of American campaigns: Congress asking the Justice Department of an incumbent president to consider criminal charges against the president’s potential opponent in the next election. President Biden has indicated his intent to run in 2024, and Mr. Trump announced his re-election campaign last month.The summary laid out step by step how Mr. Trump sought to cling to power, much as the committee did during its televised hearings in the summer. First, the summary said, Mr. Trump lied about widespread fraud, despite being told his claims were false. He then organized false slates of electors in states won by Mr. Biden as he pressured state officials, the Justice Department and Vice President Mike Pence to overturn the election. Finally, he amassed a mob of his supporters to march on the Capitol, where they engaged in hours of bloody violence while Mr. Trump did nothing to call them off.“Even key individuals who worked closely with President Trump to try to overturn the 2020 election on Jan. 6 ultimately admitted that they lacked actual evidence sufficient to change the election result, and they admitted that what they were attempting was unlawful,” the committee wrote.“Every president in our history has defended this orderly transfer of authority, except one,” said Representative Liz Cheney, Republican of Wyoming.Haiyun Jiang/The New York TimesThe panel also referred four Republican members of Congress to the House Ethics Committee — including the man seeking to become the next speaker, Representative Kevin McCarthy of California — because of their refusal to comply with the panel’s subpoenas.Mr. McCarthy’s office did not respond to a request for comment.The other Republicans referred were Representatives Jim Jordan of Ohio, Scott Perry of Pennsylvania and Andy Biggs of Arizona.A spokesman for Mr. Jordan, Russell Dye, said in a statement that the referral was “just another partisan and political stunt.” A spokesman for Mr. Perry, Jay Ostrich, said the committee was engaged in “more games from a petulant and soon-to-be kangaroo court.’’Mr. Biggs said in a tweet that the referral was the committee’s “final political stunt” and that he looked forward to “reviewing their documents, publishing their lies and setting the record straight” in the next Congress.In its summary, the committee did not entirely resolve disputed accounts of what happened inside the presidential S.U.V. when Mr. Trump was told by his Secret Service agents that they could not take him to the Capitol to join the crowd on Jan. 6. Cassidy Hutchinson, a former White House aide, testified under oath to the committee in public last summer that Anthony M. Ornato, a White House deputy chief of staff, told her that Mr. Trump grew so angry that he lunged at his Secret Service agent and tried to grab the steering wheel. The Secret Service denied that account anonymously.The summary said only that the “committee has now obtained evidence from several sources about a ‘furious interaction’” that occurred in the S.U.V. “The vast majority of witnesses who have testified to the select committee about this topic, including multiple members of the Secret Service, a member of the Metropolitan Police and national security officials in the White House, described President Trump’s behavior as ‘irate,’ ‘furious,’ ‘insistent,’ ‘profane’ and ‘heated.’”The committee’s summary also concluded that there was no nefarious reason for why the National Guard was delayed for hours in responding to violence of Jan. 6.“Although evidence identifies a likely miscommunication between members of the civilian leadership in the Department of Defense impacting the timing of deployment, the committee has found no evidence that the Department of Defense intentionally delayed deployment of the National Guard,” the committee wrote. “The select committee recognizes that some at the department had genuine concerns, counseling caution, that President Trump might give an illegal order to use the military in support of his efforts to overturn the election.”In its summary, the panel asked the Justice Department to investigate whether anyone had interfered with or obstructed the panel’s investigation, including whether any lawyers paid for by groups connected to Mr. Trump “may have advised clients to provide false or misleading testimony to the committee.”Among the committee’s findings, revealed at its meeting on Monday, was that lawmakers became concerned that lawyers who were paid by Trump associates may have tried to interfere with the panel’s investigation. The panel also learned that a client was offered potential employment that would make her “financially very comfortable” as the date of her testimony approached. But then offers were withdrawn or did not materialize as reports of the content of her testimony circulated, the committee said.The committee also chastised certain witnesses that it said had not been forthright with investigators. It said it had “significant concerns about the credibility” of the testimony of Mr. Ornato.The committee also said Kayleigh McEnany, one of Mr. Trump’s former press secretaries, and Ivanka Trump, the president’s elder daughter, had been less than forthcoming.The summary demonstrated, as the committee’s hearings did, how despite being told repeatedly that his claims of election fraud were false, Mr. Trump kept up the lies.Bill Stepien, a former White House political director, told the committee how he and others would investigate the claims, find them to be false, and report back to the president. “It’s an easier job to be telling the president about, you know, wild allegations,” Mr. Stepien said. “It’s a harder job to be telling him on the back end that, yeah, that wasn’t true.”The summary also contained evidence that certain White House aides had grown concerned about the potential for violence on Jan. 6 and urged Mr. Trump to make a pre-emptive statement calling for peace. No such statement was made.Hope Hicks, a former White House communications director, said she suggested “several times” on Jan. 4 and 5 that Mr. Trump “publicly state that Jan. 6 must remain peaceful, and that he had refused her advice to do so,” the panel wrote.The panel played new video from Ms. Hicks, who described a conversation with Mr. Trump.“I was becoming increasingly concerned that we were damaging his legacy,” Ms. Hicks said she told the president.Mr. Trump’s response? “Nobody will care about my legacy if I lose, so that won’t matter. The only thing that matters is winning,” she recalled him saying.Supporters of Mr. Trump confronting Capitol Police officers outside the Senate chamber on Jan. 6, 2021.Erin Schaff/The New York TimesWhile the executive summary of the report focused heavily on Mr. Trump, it did conclude some findings about law enforcement failures, a topic not previously addressed at the panel’s hearings. “No analysis recognized the full scale and extent of the threat to the Capitol on Jan. 6,” the committee wrote, although the “intelligence community and law enforcement agencies did successfully detect the planning for potential violence on Jan. 6, including planning specifically by the Proud Boys and Oath Keeper militia groups who ultimately led the attack on the Capitol.”Over the past year and a half, the committee interviewed more than 1,000 witnesses, obtained more than one million documents, issued more than 100 subpoenas and held hearings that drew millions of viewers.The House created the Jan. 6 committee after Senate Republicans used a filibuster to defeat a proposal to create an independent commission to investigate the attack.The committee — made up of seven Democrats and two Republicans — consistently broke new ground for a congressional investigation. Staffed with more than a dozen former federal prosecutors, the panel set a new production standard for how to hold a congressional hearing. It also got significantly ahead of a parallel Justice Department investigation into the events of Jan. 6, with federal prosecutors later interviewing many of the same witnesses Congress had spoken to.In recent weeks, federal prosecutors under the supervision of a special counsel have issued subpoenas to officials in seven states in which the Trump campaign organized electors to falsely certify the election for Mr. Trump despite the voters choosing Mr. Biden.Lawmakers on the panel also believe they played a significant role in elevating the issue of threats to democracy to voters, who rejected many election deniers in the November midterms.In terms of legislative recommendations, the panel has already endorsed overhauling the Electoral Count Act, the law that Mr. Trump and his allies tried to exploit on Jan. 6 in an attempt to cling to power. Lawmakers have also discussed changes to the Insurrection Act and legislation to enforce the 14th Amendment’s prohibition on insurrectionists holding office. Those recommendations are expected to be detailed in the committee’s final report.Katie Benner More

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    New York Republican George Santos’s Résumé Called Into Question

    Mr. Santos, a Republican from New York, says he’s the “embodiment of the American dream.” But he seems to have misrepresented a number of his career highlights.George Santos, whose election to Congress on Long Island last month helped Republicans clinch a narrow majority in the House of Representatives, built his candidacy on the notion that he was the “full embodiment of the American dream” and was running to safeguard it for others.His campaign biography amplified his storybook journey: He is the son of Brazilian immigrants, and the first openly gay Republican to win a House seat as a non-incumbent. By his account, he catapulted himself from a New York City public college to become a “seasoned Wall Street financier and investor” with a family-owned real estate portfolio of 13 properties and an animal rescue charity that saved more than 2,500 dogs and cats.But a New York Times review of public documents and court filings from the United States and Brazil, as well as various attempts to verify claims that Mr. Santos, 34, made on the campaign trail, calls into question key parts of the résumé that he sold to voters.Citigroup and Goldman Sachs, the marquee Wall Street firms on Mr. Santos’s campaign biography, told The Times they had no record of his ever working there. Officials at Baruch College, which Mr. Santos has said he graduated from in 2010, could find no record of anyone matching his name and date of birth graduating that year.There was also little evidence that his animal rescue group, Friends of Pets United, was, as Mr. Santos claimed, a tax-exempt organization: The Internal Revenue Service could locate no record of a registered charity with that name.His financial disclosure forms suggest a life of some wealth. He lent his campaign more than $700,000 during the midterm election, has donated thousands of dollars to other candidates in the last two years and reported a $750,000 salary and over $1 million in dividends from his company, the Devolder Organization.Yet the firm, which has no public website or LinkedIn page, is something of a mystery. On a campaign website, Mr. Santos once described Devolder as his “family’s firm” that managed $80 million in assets. On his congressional financial disclosure, he described it as a capital introduction consulting company, a type of boutique firm that serves as a liaison between investment funds and deep-pocketed investors. But Mr. Santos’s disclosures did not reveal any clients, an omission three election law experts said could be problematic if such clients exist.And while Mr. Santos has described a family fortune in real estate, he has not disclosed, nor could The Times find, records of his properties. Mr. Santos’s eight-point victory, in a district in northern Long Island and northeast Queens that previously favored Democrats, was considered a mild upset. He had lost decisively in the same district in 2020 to Tom Suozzi, then the Democratic incumbent, and had seemed to be too wedded to former President Donald J. Trump and his stances to flip his fortunes.His appearance earlier this month at a gala in Manhattan attended by white nationalists and right-wing conspiracy theorists underscored his ties to Mr. Trump’s right-wing base.At the same time, new revelations uncovered by The Times — including the omission of key information on Mr. Santos’s personal financial disclosures, and criminal charges for check fraud in Brazil — have the potential to create ethical and possibly legal challenges once he takes office.Mr. Santos did not respond to repeated requests from The Times that he furnish either documents or a résumé with dates that would help to substantiate the claims he made on the campaign trail. He also declined to be interviewed, and neither his lawyer nor Big Dog Strategies, a Republican-oriented political consulting group that handles crisis management, responded to a detailed list of questions.The lawyer, Joe Murray, said in a short statement that it was “no surprise that Congressman-elect Santos has enemies at The New York Times who are attempting to smear his good name with these defamatory allegations.”A New U.S. Congress Takes ShapeFollowing the 2022 midterm elections, Democrats maintained control of the Senate while Republicans flipped the House.McCarthy’s Fraught Speaker Bid: Representative Kevin McCarthy has so far been unable to quash a mini-revolt on the right that threatens to imperil his effort to secure the top House job.Kyrsten Sinema: The Arizona senator said that she would leave the Democratic Party and register as an independent, just days after the Democrats secured an expanded majority in the Senate.A Looming Clash: Congressional leaders have all but abandoned the idea of acting to raise the debt ceiling before Democrats lose control of the House, punting the issue to a new Congress.First Gen Z Congressman: In the weeks after his election, Representative-elect Maxwell Frost of Florida, a Democrat, has learned just how different his perspective is from that of his older colleagues.A criminal case in BrazilMr. Santos has said he was born in Queens to parents who emigrated from Brazil and was raised in the borough. His father, he has said, is Catholic and has roots in Angola. His mother, Fatima Devolder, was descended from migrants who fled Jewish persecution in Ukraine and World War II strife in Belgium. Mr. Santos has described himself as a nonobservant Jew but has also said he is Catholic.Records show that Mr. Santos’s mother, who died in 2016, lived for a time in the Brazilian city of Niterói, a Rio suburb where she was employed as a nurse. After Mr. Santos obtained a high school equivalency diploma, he apparently also spent some time there.In 2008, when Mr. Santos was 19, he stole the checkbook of a man his mother was caring for, according to Brazilian court records uncovered by The Times. Police and court records show that Mr. Santos used the checkbook to make fraudulent purchases, including a pair of shoes. Two years later, Mr. Santos confessed to the crime and was later charged.The court and local prosecutor in Brazil confirmed the case remains unresolved. Mr. Santos did not respond to an official summons, and a court representative could not find him at his given address, records show.That period in Brazil overlapped with when Mr. Santos said he was attending Baruch College, where he has said he was awarded a bachelor’s degree in economics and finance. But Baruch College said it was unable to find records of Mr. Santos — using multiple variations of his first, middle and last names — having graduated in 2010, as he has claimed.A biography of Mr. Santos on the website of the National Republican Congressional Committee, which is the House Republicans’ campaign arm, also includes a stint at New York University. The claim is not repeated elsewhere, and an N.Y.U. spokesman found no attendance records matching his name and birth date.Mr. Santos, appearing with other Republican elected officials at a post-Election Day news conference, has declined to address questions about his biography.Alejandra Villa Loarca/Newsday, via Getty ImagesAfter he said he graduated from college, Mr. Santos began working at Citigroup, eventually becoming “an associate asset manager” in the company’s real estate division, according to a version of his biography that was on his campaign site as recently as April.A spokeswoman for Citigroup, Danielle Romero-Apsilos, said the company could not confirm Mr. Santos’s employment. She also said she was unfamiliar with Mr. Santos’s self-described job title and noted that Citi had sold off its asset management operations in 2005.A previous campaign biography of Mr. Santos indicates that he left Citi to work at a Turkey-based hospitality technology company, MetGlobal, and other profiles mention a brief role at Goldman Sachs. MetGlobal executives could not be reached for comment. Abbey Collins, a spokeswoman at Goldman Sachs, said she could not locate any record of Mr. Santos’s having worked at the company.Attempts to find co-workers who could confirm his employment were unsuccessful, in part because Mr. Santos has not provided specific dates for his time at these companies.He has also asserted that his professional life had intersected with tragedy: He said in an interview on WNYC that his company, which he did not identify, “lost four employees” at the Pulse nightclub shooting in Orlando in June 2016. But a Times review of news coverage and obituaries found that none of the 49 victims appear to have worked at the various firms named in his biography.After two evictions, a reversal of fortunesAs he was purportedly climbing the corporate ranks, Mr. Santos claimed to have founded Friends of Pets United, which he ran for five years beginning in 2013. As a candidate, he cited the group as proof of a history of philanthropic work.Though remnants of the group and its efforts could be found on Facebook, the I.R.S. was not able to find any record showing that the group held the tax-exempt status that Mr. Santos claimed. Neither the New York nor New Jersey attorney general’s offices could find records of Friends of Pets United having been registered as a charity.Friends of Pets United held at least one fund-raiser with a New Jersey animal rescue group in 2017; the invitation promised drinks, donated raffle items and a live band. Mr. Santos charged $50 for entry, according to an online fund-raising page that promoted the event. But the event’s beneficiary, who asked for anonymity for fear of retribution, said that she never received any of the funds, with Mr. Santos only offering repeated excuses for not forwarding the money.During that same period, Mr. Santos was also facing apparent financial difficulties. In November 2015, a landlord in the Whitestone neighborhood of Queens filed an eviction suit in housing court accusing Mr. Santos of owing $2,250 in unpaid rent.The landlord, Maria Tulumba, said in an interview that Mr. Santos had been a “nice guy” and a “respectful” tenant. But she said that he had financial problems that led to the eviction case, declining to elaborate further. The judge ruled in favor of Ms. Tulumba.In May 2017, Mr. Santos faced another eviction case, from a rent-stabilized apartment in Sunnyside, Queens. Mr. Santos’s landlord accused him of owing more than $10,000 in rent stretching over five months and said in court records that one of his tenant’s checks had bounced. A warrant of eviction was issued, and Mr. Santos was fined $12,208 in a civil judgment.By early 2021, Mr. Santos was becoming vocal on housing issues but not from a tenant perspective. During New York’s pandemic-era eviction moratorium, Mr. Santos said on Twitter that he was a landlord affected by the freeze.“Will we landlords ever be able to take back possession of our property?” he wrote.Mr. Santos said that he and his family had not been paid rent on their 13 properties in nearly a year, adding that he had offered rental assistance to some tenants, but found that some were “flat out taking advantage of the situation.”But Mr. Santos has not listed properties in New York on required financial disclosure forms for either of his campaigns; the only real estate that he mentioned was an apartment in Rio de Janeiro. Property records databases in New York City and Nassau County did not show any documents or deeds associated with him, immediate family members or the Devolder Organization.It is unclear what might have led to Mr. Santos’s apparent reversal in fortunes. By the time he launched his first run for the House, in November 2019, Mr. Santos was working in business development at a company called LinkBridge Investors that says it connects investors with fund managers.Mr. Santos eventually became a vice president there, according to a company document and a May 2020 campaign disclosure form where he declared earnings of $55,000 in salary, commission and bonuses.Mr. Santos, campaigning before Election Day, captured the race for the Third Congressional District, a contest he lost in 2020. Mary Altaffer/Associated PressOver the next two years, Mr. Santos bounced between several ill-fated ventures. As he ran for Congress, he moved from LinkBridge to take on a new role as regional director of Harbor City Capital, a Florida-based investment company.Harbor City, which attracted investors with YouTube videos and guarantees of double-digit returns, soon garnered attention from the S.E.C., which filed a lawsuit accusing the company and its founder of running a $17 million Ponzi scheme. Neither Mr. Santos nor other colleagues were named in the lawsuit, and Mr. Santos has publicly denied having any knowledge of the scheme.Two weeks later, a handful of former Harbor City executives formed a company called Red Strategies USA, as reported by The Daily Beast. Corporate filings listed the Devolder Organization as a partial owner — even though the papers to register Devolder would not be filed for another week.Red Strategies was short lived: Federal campaign records show it did political consulting work for at least one politician — Tina Forte, a Republican who unsuccessfully challenged Representative Alexandria Ocasio-Cortez in November — before it was dissolved in September for failing to file an annual report.The Devolder Organization seems to have flourished as Mr. Santos ran for office. According to Mr. Santos’s disclosures, his work there earned him a salary of $750,000. By the time it too was dissolved — also for failing to file an annual report — Mr. Santos reported that it was worth more than a million dollars.A November win raises new questionsMr. Santos announced his intent to make a second run at Congress almost immediately after the end of his first. He figured to again be an underdog in the district, which largely favored President Biden in 2020.But things began to swing in his favor. Republicans in Nassau performed well in local elections in 2021. Mr. Suozzi opted to not run for re-election in 2022, instead launching an unsuccessful bid for governor. And with high turnout expected in a midterm election that also featured a governor’s race, Mr. Santos’s race became more competitive — and his campaign stance became more tempered.During his first campaign, Mr. Santos, an adherent of Mr. Trump, opposed mask mandates and abortion access, and defended law enforcement against what he called the “made-up concept” of police brutality.But during his second campaign, older posts on Twitter were suddenly deleted, including his claims of election fraud that he said cost Mr. Trump the election in 2020. In March 2021, he resurfaced the claim, writing on Twitter in a since-deleted post, “My new campaign team has 4 former loyal Trump staffers that pushed him over the finish line TWICE, yes I said TWICE!”Mr. Santos also briefly claimed without evidence in another since-deleted tweet that he had been a victim of fraud in his first congressional race, at one point using the hashtag #StopTheSteal, a reference to a slogan associated with Mr. Trump’s false election claims.And while he previously boasted that he attended the Jan. 6 rally (but, he has said, not the riot) in support of Mr. Trump in Washington, he has since ducked questions about his attendance and a prior claim that he had written “a nice check for a law firm” to assist some rioters with their legal bills.Mr. Santos’s improved circumstances are evident on the official financial disclosure form he filed in September with the House of Representatives, though the document still leaves questions about his finances.In the disclosure, Mr. Santos said that he was the Devolder Organization’s sole owner and managing member. He reported that the company, which is based in New York but was registered in Florida, paid him a $750,000 salary. He also earned dividends from Devolder totaling somewhere between $1 million and $5 million — even though Devolder’s estimated value was listed in the same range.The Devolder Organization has no public-facing assets or other property that The Times could locate. Mr. Santos’s disclosure form did not provide information about clients that would have contributed to such a haul — a seeming violation of the requirement to disclose any compensation in excess of $5,000 from a single source.Kedric Payne, the vice president of the watchdog Campaign Legal Center, and a former deputy chief counsel for the Office of Congressional Ethics, was one of three election law experts consulted by The Times who took issue with the lack of detail.“This report raises red flags because no clients are reported for a multimillion-dollar client services company,” Mr. Payne said, adding: “The congressman-elect should explain what’s going on.”The Times attempted to interview Mr. Santos at the address where he is registered to vote and that was associated with a campaign donation he made in October, but a person at that address said on Sunday that she was not familiar with him.Material omissions or misrepresentations on personal financial disclosures are considered a federal crime under the False Statements Act, which carries a maximum penalty of $250,000 and five years in prison. But the bar for these cases is high, given that the statute requires violations to be “knowing and willful.”The House of Representatives has several internal mechanisms for investigating ethics violations, issuing civil or administrative penalties when it does. Those bodies tend to act largely in egregious cases, particularly if the behavior took place before the member was inaugurated.Campaign disclosures show that Mr. Santos lived large as a candidate, buying shirts for his staff from Brooks Brothers and charging the campaign for meals at the restaurant inside Bergdorf Goodman.Mr. Santos also spent a considerable amount of money traveling — charging his campaign roughly $40,000 in flights to places that included California, Texas and Florida. All told, Mr. Santos spent more than $17,000 in Florida, mostly on restaurants and hotels, including at least one evening at the Breakers, a five-star hotel and resort in Palm Beach, three miles up the road from Mar-a-Lago, Mr. Trump’s private club and residence.Manuela Andreoni More

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    Is Donald Trump Ineligible to Be President?

    How does a democracy protect itself against a political leader who is openly hostile to democratic self-rule? This is the dilemma the nation faces once again as it confronts a third presidential run by Donald Trump, even as he still refuses to admit he lost his second.Of course, we shouldn’t be in this situation to begin with. The facts are well known but necessary to repeat, if only because we must never become inured to them: Abetted by a posse of low-rent lawyers, craven lawmakers and associated crackpots, Mr. Trump schemed to overturn the 2020 election by illegal and unconstitutional means. When those efforts failed, he incited a violent insurrection at the United States Capitol, causing widespread destruction, leading to multiple deaths and — for the first time in American history — interfering with the peaceful transfer of power. Almost two years later, he continues to claim, without any evidence, that he was cheated out of victory, and millions of Americans continue to believe him.The best solution to behavior like this is the one that’s been available from the start: impeachment. The founders put it in the Constitution because they were well acquainted with the risks of corruption and abuse that come with vesting great power in a single person. Congress rightly used this tool, impeaching Mr. Trump in 2021 to hold him accountable for his central role in the Jan. 6 siege. Had the Senate convicted him as it should have, he could have been disqualified from holding public office again. But nearly all Senate Republicans came to his defense, leaving him free to run another day.There is another, less-known solution in our Constitution to protect the country from Mr. Trump: Section 3 of the 14th Amendment, which bars from public office anyone who, “having previously taken an oath” to support the Constitution, “engaged in insurrection or rebellion” or gave “aid or comfort” to America’s enemies.On its face, this seems like an eminently sensible rule to put in a nation’s governing document. That’s how Representative David Cicilline of Rhode Island, who has drafted a resolution in Congress enabling the use of Section 3 against Mr. Trump, framed it. “This is America. We basically allow anyone to be president,” Mr. Cicilline told me. “We set limited disqualifications. One is, you can’t incite an insurrection against the United States. You shouldn’t get to lead a government that you tried to destroy.”This was also the reasoning of the 14th Amendment’s framers, who intended it to serve as an aggressive response to the existential threat to the Republic posed by the losing side of the Civil War. Section 3 was Congress’s way of ensuring that unrepentant former Confederate officials — “enemies to the Union” — were not allowed to hold federal or state office again. As Representative John Bingham, one of the amendment’s lead drafters, put it in 1866, rebel leaders “surely have no right to complain if this is all the punishment the American people shall see fit to impose upon them.”And yet despite its clarity and good sense, the provision has rarely been invoked. The first time, in the aftermath of the Civil War, it was used to disqualify thousands of Southern rebels, but within four years, Congress voted to extend amnesty to most of them. It was used again in 1919 when the House refused to seat a socialist member accused of giving aid and comfort to Germany in World War I.In September, for the first time in more than a century, a New Mexico judge invoked Section 3, to remove from office a county commissioner, Couy Griffin, who had been convicted of entering the Capitol grounds as part of the Jan. 6 mob. This raised hopes among those looking for a way to bulletproof the White House against Mr. Trump that Section 3 might be the answer.I count myself among this crowd. As Jan. 6 showed the world, Mr. Trump poses a unique and profound threat to the Republic: He is an authoritarian who disregards the Constitution and the rule of law and who delights in abusing his power to harm his perceived opponents and benefit himself, his family and his friends. For that reason, I am open to using any constitutional means of preventing him from even attempting to return to the White House.At the same time, I’m torn about using this specific tool. Section 3 is extraordinarily strong medicine. Like an impeachment followed by conviction, it denies the voters their free choice of those who seek to represent them. That’s not the way democracy is designed to work.And yet it is true, as certain conservatives never tire of reminding us, that democracy in the United States is not absolute. There are multiple checks built into our system that interfere with the expression of direct majority rule: the Senate, the Supreme Court and the Electoral College, for example. The 14th Amendment’s disqualification clause is another example — in this case, a peaceful and transparent mechanism to neutralize an existential threat to the Republic.Nor is it antidemocratic to impose conditions of eligibility for public office. For instance, Article II of the Constitution puts the presidency off limits to anyone younger than 35. If we have decided that a 34-year-old is, by definition, not mature or reliable enough to hold such immense power, then surely we can decide the same about a 76-year-old who incited an insurrection in an attempt to keep that power.So could Section 3 really be used to prevent Mr. Trump from running for or becoming president again? As a legal matter, it seems beyond doubt. The Capitol attack was an insurrection by any meaningful definition — a concerted, violent attempt to block Congress from performing its constitutionally mandated job of counting electoral votes. He engaged in that insurrection, even if he did not physically join the crowd as he promised he would. As top Democrats and Republicans in Congress said during and after his impeachment trial, the former president was practically and morally responsible for provoking the events of Jan. 6. The overwhelming evidence gathered and presented by the House’s Jan. 6 committee has only made clearer the extent of the plot by Mr. Trump and his associates to overturn the election — and how his actions and his failures to act led directly to the assault and allowed it to continue as long as it did. In the words of Representative Liz Cheney, the committee’s vice chair, Mr. Trump “summoned the mob, assembled the mob and lit the flame of this attack.”A few legal scholars have argued that Section 3 does not apply to the presidency because it does not explicitly list that position. It is hard to square that claim with the provision’s fundamental purpose, which is to prevent insurrectionists from participating in American government. It would be bizarre in the extreme if Mr. Griffin’s behavior can disqualify him from serving as a county commissioner but not from serving as president.It’s not the legal questions that give me pause, though; it’s the political ones.First is the matter of how Republicans would react to Mr. Trump’s disqualification. An alarmingly large faction of the party is unwilling to accept the legitimacy of an election that its candidate didn’t win. Imagine the reaction if their standard-bearer were kept off the ballot altogether. They would thunder about a “rigged election” — and unlike all the times Mr. Trump has baselessly invoked that phrase, it would carry a measure of truth. Combine this with the increasingly violent rhetoric coming from right-wing media figures and politicians, including top Republicans, and you have the recipe for something far worse than Jan. 6. On the other hand, if partisan outrage were a barrier to invoking the law, many laws would be dead letters.The more serious problem with Section 3 is that it is easy to see how it could morph into a caricature of what it is trying to prevent. Keeping specific candidates off the ballot is a classic move of autocrats, from Nicolas Maduro in Venezuela to Aleksandr Lukashenko in Belarus to Vladimir Putin. It sends the message that voters cannot be trusted to choose their leaders wisely — if at all. And didn’t we just witness Americans around the country using their voting power to repudiate Mr. Trump’s Big Lie and reject the most dangerous election deniers? Shouldn’t we let elections take their course and give the people the chance to (again) reject Mr. Trump at the ballot box?To help me resolve my ambivalence, I called Representative Jamie Raskin of Maryland, who sits on the Jan. 6 committee and taught constitutional law before joining Congress. He acknowledged what he called an understandable “queasiness” about invoking Section 3 to keep Mr. Trump off the ballot. But Mr. Raskin argued that this queasiness is built into the provision. “What was the constitutional bargain struck in Section 3?” he asked. “There would be a very minor incursion into the right of the people to elect exactly who they want, in order to obtain much greater security for the constitutional order against those who have demonstrated a propensity to want to overthrow it when it is to their advantage.”The contours of the case for Mr. Trump’s disqualification might get stronger yet, as the Justice Department and state prosecutors continue to pursue multiple criminal investigations into him and his associates and as the Jan. 6 committee prepares to release its final report. While he would not be prohibited from running for office even if he was under criminal indictment, it would be more politically palatable to invoke Section 3 in that case and even more so if he was convicted.I still believe that the ideal way for Mr. Trump to be banished for good would be via the voters. This scenario is democracy’s happy ending. After all, self-government is not a place; it is a choice, and an ongoing one. If Americans are going to keep making that choice — in favor of fair and equal representation, in favor of institutions that venerate the rule of law and against the threats of authoritarian strongmen — they do it best by themselves. That is why electoral victory is the ultimate political solution to the ultimate political problem. It worked that way in 2020, when an outright majority of voters rejected Mr. Trump and replaced him with Joe Biden.But it’s essential to remember that not all democracies have happy endings. Which brings us to the most unsettling answer to the question I began with: Sometimes a democracy doesn’t protect itself. There is no rule that says democracies will perpetuate themselves indefinitely. Many countries, notably Hungary and Turkey, have democratically undone themselves by electing leaders who then dismantled most of the rights and privileges people tend to expect from democratic government. Section 3 is in the Constitution precisely to help ensure that America does not fall into that trap.Whether or not invoking Section 3 succeeds, the best argument for it is to take the Constitution at its word. “We undermine the importance of the Constitution if we pick and choose what rules apply,” Mr. Cicilline told me. “One of the ways we rebuild confidence in American democracy is to remind people we have a Constitution and that it has in it provisions that say who can run for public office. You don’t get to apply the Constitution sometimes or only if you feel like it. We take an oath. We swear to uphold it. We don’t swear to uphold most of it. If Donald Trump has taught us anything, it’s about protecting the Constitution of the United States.”Surely the remedy of Section 3 is worth pursuing only in the most extraordinary circumstances. Just as surely, the events surrounding Jan. 6 clear that bar. If inciting a violent insurrection to keep oneself in office against the will of the voters isn’t such a circumstance, what is?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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    Lawyers Ask Court to Sanction Kenneth Chesebro Over Trump Fake Electors Scheme

    An ethics complaint in New York against Kenneth Chesebro is the latest example of legal troubles for lawyers who helped Donald J. Trump try to overturn the 2020 election.WASHINGTON — In the emerging history of how a small group of lawyers aided former President Donald J. Trump’s attempt to stay in power despite losing the 2020 election, Kenneth Chesebro has received far less attention than others like Rudolph W. Giuliani and John Eastman.But documents show that Mr. Chesebro played a central part in developing the idea of having Trump supporters pretend to be electors from states won by Joseph R. Biden Jr., then claiming that Vice President Mike Pence had the power to cite the purported existence of rival slates to delay counting or to discard real Electoral College votes for Mr. Biden on Jan. 6, 2021.On Wednesday, several dozen prominent legal figures submitted an ethics complaint to the Supreme Court of New York’s attorney grievance committee, calling Mr. Chesebro “the apparent mastermind behind key aspects of the fake elector ploy” and accusing him of conspiring “with Mr. Giuliani, Mr. Eastman and others to subvert our democracy.”The complaint said Mr. Chesebro had acted with “dishonesty, fraud, deceit or reckless or intentional misrepresentation” in violation of rules of conduct for lawyers who, like him, are licensed to practice in New York.The request was organized by Lawyers Defending American Democracy; a similar request by the group helped lead to the suspension of Mr. Giuliani’s law license in June 2021 and to a continuing investigation by the State Bar of California into Mr. Eastman. The complaint against Mr. Chesebro did not explicitly call for him to lose his license but asked for an investigation and “appropriate sanctions.”Adam S. Kaufmann, a lawyer for Mr. Chesebro, condemned the complaint against his client, warning that it was dangerous to attack lawyers for providing legal theories to political candidates. Drawing on a 1960 precedent involving a close vote in Hawaii, he said Mr. Chesebro was offering the Trump campaign advice for “keeping its options open” through Jan. 6 as a “contingency” in case the courts found electoral fraud in any of the swing states where Mr. Trump’s team was disputing the outcome.The idea that Mr. Pence could delay or block the electoral vote count on Jan. 6 was a key part of the events leading to the attack on the Capitol by Trump supporters. Some of those supporters chanted “Hang Mike Pence” because the vice president — whose lawyers told him there was no legal basis for him to delay or discard the official state-certified votes for Mr. Biden — rejected Mr. Trump’s pressure to do so anyway.On Nov. 18, 2020, Mr. Chesebro wrote the earliest known memo putting forward a proposal for having a slate of Trump supporters purport to be electors, in that case for Wisconsin. He expanded the proposal for other states, including in a letter to Mr. Giuliani on Dec. 13, 2020.An email by a Trump campaign lawyer in Arizona on Dec. 8, 2020, cited Mr. Chesebro as having had the idea for “sending in ‘fake’ electoral votes to Pence,” even though they would not be legal because the governor had not signed them..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-ok2gjs{font-size:17px;font-weight:300;line-height:25px;}.css-ok2gjs a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.The complaint filed on Wednesday characterized Mr. Chesebro as a participant and not only a supplier of theories, referring to his help with a fake electors effort in Georgia, one of the swing states Mr. Biden won. Mr. Chesebro has fought a subpoena to testify before a grand jury in Fulton County, Ga., where a prosecutor is investigating efforts to overturn the election results there.Mr. Kaufmann said the only communication Mr. Chesebro had with anyone in Georgia regarding alternate electors was sending ballot forms to a state Republican leader.Mr. Eastman wrote two memos laying out steps that could result in Mr. Trump being declared the winner of the election that hinged on a disputed claim about Mr. Pence and alternate “electors.” Mr. Chesebro helped edit the first, emails obtained by the Jan. 6 committee show.The complaint says that “while Mr. Eastman and Mr. Giuliani have received more attention, the public record amply demonstrates Mr. Chesebro’s central role. As the original author of the fake elector scheme, Mr. Chesebro bears special responsibility for it and its consequences.”In an email exchange with Mr. Eastman on Dec. 24, 2020, Mr. Chesebro also wrote that the odds of a Supreme Court intervention would “become more favorable if the justices start to fear that there will be ‘wild’ chaos on Jan. 6 unless they rule by then, either way.”Another organization, The 65 Project, filed a similar ethics complaint against Mr. Chesebro in July. The group has filed complaints against about 55 lawyers associated with aspects of Mr. Trump’s efforts to overturn the election. There has been no public sign of action in response to its complaint about Mr. Chesebro, but its director Michael Teeter, said on Wednesday that an investigator has been assigned to it.The new filing was distinguished by a list of high-profile legal figures who endorsed it, such as past presidents of the New York State Bar Association and of the American Bar Association, retired judges, current and former deans of major law schools, and other legal scholars and prominent lawyers.Among them was Laurence H. Tribe, a liberal Harvard Law School professor. He said in an interview that as a law student in the mid-1980s, Mr. Chesebro had been one of his research assistants and continued to help him with volunteer litigation after graduating — including when Mr. Tribe represented Vice President Al Gore before the Supreme Court in the disputed 2000 election.Mr. Tribe said he attended Mr. Chesebro’s wedding and once considered him a friend, but then gradually came to see him as an “ideological chameleon” who had adopted “the posture he thought would appeal to me” and “came to distrust Ken’s sense of boundaries and his moral compass.” More

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    For Trump’s Lawyers, Legal Exposure Comes With the Job

    The many lawyers who have helped the former president avoid removal from office and indictment have drawn legal problems of their own.A dark joke has begun circulating among lawyers following the many legal travails of former President Donald J. Trump: MAGA actually stands for “making attorneys get attorneys.”Over six years and nine major investigations by Congress, the Justice Department and local prosecutors, as Mr. Trump has managed to avoid removal from the presidency and indictment, it has become clear that serving as one of his lawyers is a remarkably risky job — and one that can involve considerable legal exposure. Time after time, his attorneys have been asked to testify as witnesses to potential crimes — or come under scrutiny as possible criminal conspirators themselves.While the consequences his lawyers faced were extraordinary when Mr. Trump was in the White House, the dangers have only intensified since he left office and have become increasingly acute in recent weeks, as the former president has come under scrutiny in two different Justice Department investigations and has been forced yet again to find lawyers willing to represent him.Last week, a Justice Department filing revealed that Mr. Trump’s lawyers had misled federal investigators about whether he had handed over to the Justice Department all the classified documents he took from the White House when he left office. That raised questions about whether the lawyers, M. Evan Corcoran and Christina Bobb, could be prosecuted themselves and might ultimately be forced to become witnesses against their client. (Ms. Bobb recently retained a lawyer, according to a person familiar with the situation.)The revelation capped a summer in which a team of lawyers that had been advising Mr. Trump as he tried to overturn the 2020 election faced a range of repercussions across the country from federal investigators, local prosecutors, state bar associations and government accountability groups.One of Mr. Trump’s highest-profile lawyers, Rudolph W. Giuliani, was named as a target in a state criminal investigation in Georgia. The conservative lawyer John Eastman, who came up with what he conceded privately was an unlawful strategy to help Mr. Trump overturn the election, said he believed he was a target in that same investigation and declined to answer questions while being deposed before a grand jury. Mr. Giuliani and Mr. Eastman have also been named as subjects of interest in a flurry of federal grand jury subpoenas seeking evidence about attempts by Mr. Trump’s allies to create fake slates of electors to help keep him in office.Two others who worked for Mr. Trump in the White House — the White House counsel Pat A. Cipollone and his deputy Patrick F. Philbin — were subpoenaed to appear before a federal grand jury in Washington investigating the efforts to overturn the 2020 election, including the roles that Mr. Giuliani and Mr. Eastman had played in helping Mr. Trump.Mr. Cipollone, Mr. Philbin and at least nine other lawyers who worked for Mr. Trump have testified before the congressional committee investigating the Jan. 6 attack. Earlier this year, Mr. Cipollone and Mr. Philbin also were interviewed by the F.B.I. as part of its investigation into the classified documents investigation.A video clip of John Eastman, left, invoking the Fifth Amendment during a deposition for the House Jan. 6 committee was shown in a hearing this summer.Doug Mills/The New York TimesAnd 17 mostly lesser-known lawyers who represented Mr. Trump in battleground states as he tried to overturn the election are facing ethics complaints, putting them at risk of being disciplined or disbarred by bar associations or the courts.Vigorously defending the client — even one known for unscrupulous behavior or accused of an egregious crime — is part of a lawyer’s basic job description. But attorneys are bound by a code of professional conduct that forbids them from crossing certain lines, including knowingly making false claims, filing frivolous lawsuits or motions, and doing anything to further a crime.The adage for lawyers representing clients accused of criminality, said Fritz Scheller, a longtime Florida defense lawyer, is that at the end of the day, no matter how bad it may have been for the client, the lawyer still gets to walk out the front door of the courthouse without any personal legal issues.“That bad day for the criminal defense attorney becomes his worst day when he leaves through the courthouse door used for defendants on their way to jail,” Mr. Scheller said.What to Know About the Trump InvestigationsCard 1 of 6Numerous inquiries. More

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    Trump Investigations Face a Dilemma Before the Midterm Elections

    Justice Department officials are debating how an unwritten rule should affect the criminal investigations into Jan. 6 and the former president’s handling of sensitive documents.WASHINGTON — As the midterm elections near, top Justice Department officials are weighing whether to temporarily scale back work in criminal investigations involving former President Donald J. Trump because of an unwritten rule forbidding overt actions that could improperly influence the vote, according to people briefed on the discussions.Under what is known as the 60-day rule, the department has traditionally avoided taking any steps in the run-up to an election that could affect how people vote, out of caution that such moves could be interpreted as abusing its power to manipulate American democracy.Mr. Trump, who is not on the ballot but wields outsize influence in the Republican Party, poses a particular dilemma for Attorney General Merrick B. Garland, whose department is conducting two investigations involving the former president. They include the sprawling inquiry into the Jan. 6 riot and his related effort to overturn the 2020 election and another into his hoarding of sensitive government documents at his Florida club and residence.A Justice Department spokesman declined to comment. But as the 60-day deadline looms this week, the highly unusual situation offers no easy answers, said Jack Goldsmith, a Harvard Law School professor and the former head of the Justice Department’s Office of Legal Counsel.“It’s an unwritten rule of uncertain scope, so it’s not at all clear that it applies to taking investigative steps against a noncandidate former president who is nevertheless intimately involved in the November election,” Mr. Goldsmith said. “But its purpose of avoiding any significant impact on an election seems to be implicated.”Despite its name, the 60-day rule is a general principle rather than a written law or regulation. Its breadth and limits are undefined. The Justice Department has some formal policies and guidelines that relate to the norm, but they offer little clarity to how it should apply to the present situation.The department manual prohibits deliberately selecting the timing of any official action “for the purpose of affecting any election” or to intentionally help or hurt a particular candidate or party. It is vaguer about steps that do not have that motive but might still raise that perception; in such a case, it says, officials should consult the department’s public integrity section.In recent presidential election cycles, attorneys general have also issued written memos reminding prosecutors and agents to adhere to department policy when it comes to such sensitivities. In 2020, Attorney General William P. Barr required high-level approval for investigations to be opened into candidates running for certain offices.In May, Mr. Garland reiterated Mr. Barr’s edict in a memo issued during a midterm cycle. But none of those measures specifically forbid indicting political candidates or taking investigative or prosecutorial steps that could affect an election in the last 60 days before Election Day.In October 2016, the F.B.I. director, James B. Comey, departed from the Justice Department’s 60-day rule by telling Congress that the bureau was reopening its investigation into Hillary Clinton’s emails.Al Drago/The New York TimesA 2018 report by the Justice Department’s independent inspector general, Michael Horowitz, shed some rare insights into the 60-day rule. It examined the decisions by the former F.B.I. director, James B. Comey, less than two weeks before the 2016 election, to depart from the practice by reopening an investigation into Hillary Clinton’s use of a private email server and by telling Congress about it. Many believe Mr. Comey’s actions contributed to her narrow loss.A section of the 2018 report cited interviews with former senior Justice Department and F.B.I. officials who acknowledged the 60-day rule as an unwritten practice that informs department decisions. (It is unclear when or how it became a recognized norm.)The report quoted one former official as saying, “People sometimes have a misimpression there’s a magic 60-day rule or 90-day rule. There isn’t. But … the closer you get to the election the more fraught it is.” Another former top official told the inspector general that while drafting rules for 2016 election year sensitivities, the department’s leaders had “considered codifying the substance of the 60-day rule, but that they rejected that approach as unworkable.”The Trump InvestigationsCard 1 of 6The Trump InvestigationsNumerous inquiries. More