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      Election Firm Knew Data Had Been Sent to China, Prosecutors Say

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      The executive of a small Michigan elections software company was charged with grand theft by embezzlement and conspiracy to commit a crime.Before the arrest of its founder and chief executive, Eugene Yu, Konnech repeatedly denied keeping data outside the United States, including in statements to The New York Times.Emily Elconin for The New York TimesWhen Eugene Yu’s small election software company signed a contract to help Los Angeles County organize poll workers for the 2020 election, he agreed to keep the workers’ personal data in the United States.But the company, Konnech, transferred personal data on thousands of the election workers to developers in China who were writing and troubleshooting software, according to a court filing that Los Angeles County prosecutors made on Thursday.The filing adds new details about the arrest last week of Mr. Yu, whose company has been the focus of groups challenging the validity of the 2020 presidential election. Some of those groups have accused the company of storing information about poll workers on servers in China. Before the arrest, the company repeatedly denied keeping data outside the United States, including in statements to The New York Times.Los Angeles prosecutors initially accused Mr. Yu of embezzling public money by knowingly violating the terms of the company’s contract. Since searching Konnech’s offices and Mr. Yu’s home, the prosecutors have also accused him of conspiring with others to commit a crime, according to the new legal filing. It is rare for an executive to face criminal charges for potentially mishandling data. He is scheduled to be arraigned on Friday.In the filing, prosecutors said a project manager at Konnech had sent an internal email early this month saying the company would no longer send personal data to Chinese contractors. “We need to ensure the security privacy and confidentially,” the email said.In a separate message, sent in August, the project manager noted that the contractors had high-level access to all of the poll worker software used by its customers. He called it a “huge security issue.”The documents did not specify whether others were being investigated or would be charged, and the district attorney’s office declined to comment.The State of the 2022 Midterm ElectionsWith the primaries over, both parties are shifting their focus to the general election on Nov. 8.The Final Stretch: With less than one month until Election Day, Republicans remain favored to take over the House, but momentum in the pitched battle for the Senate has seesawed back and forth.A Surprising Battleground: New York has emerged from a haywire redistricting cycle as perhaps the most consequential congressional battleground in the country. For Democrats, the uncertainty is particularly jarring.Pennsylvania Governor’s Race: Attacks by Doug Mastriano, the G.O.P. nominee, on the Jewish school where Josh Shapiro, the Democratic candidate, sends his children have set off an outcry about antisemitic signaling.Herschel Walker: The Republican Senate nominee in Georgia reportedly paid for an ex-girlfriend’s abortion, but some conservative Christians have learned to tolerate the behavior of those who advance their cause.Los Angeles prosecutors said last week that none of Mr. Yu’s or Konnech’s actions had altered election results and that they had seen no evidence of identity theft. They have not indicated any motive in their public statements.The prosecutors said that the charges focused on the handling of personal information about poll workers, such as their names and phone numbers, and that the data did not relate to ballots or the voting process. Still, with the midterm elections just weeks away, several counties that use Konnech software said they were rushing to reassure voters that their elections were secure.Mr. Yu’s lawyer did not immediately respond to a request for comment.Konnech, which is based in Michigan, has about 20 employees in the United States and about 20 customers. It plays no role in the tabulation or counting of votes in American elections.Nevertheless, some election deniers have targeted the company, saying they discovered the company’s data in China and suggesting that Konnech gave the Chinese government a back door to manipulate America’s election process. The New York Times published an article about those claims early last week, as a part of its coverage of misinformation and elections.Los Angeles prosecutors arrested Mr. Yu the day after the article was published, raising questions about the truthfulness of statements that Mr. Yu made to The Times just days earlier, when he denied the accusations and said poll worker data had never been stored in China.If convicted, Mr. Yu faces a maximum sentence of three years in prison for the charges of grand theft by embezzlement of public funds and conspiracy to commit a crime. He also faces an additional five years because the contract was valued at more than $500,000.A ballot-tallying center in Los Angeles County. Officials have said the county will continue to use Konnech’s software to manage data on about 12,000 to 14,000 poll workers for the midterm elections.Allison Zaucha for The New York TimesThe district attorney’s office said it was sifting through a trove of documents seized in its search of Konnech’s offices and Mr. Yu’s home last week. If those files reveal similar crimes in other counties, prosecutors could hand off the case to federal investigators.More than 20 attorneys general, district attorneys and election officials have contacted the district attorney’s office over the past week, they said.Mark Kriger, one of Mr. Yu’s lawyers, said in a bond hearing last week that Mr. Yu had participated in two voluntary interviews several weeks ago with the Federal Bureau of Investigation. Mr. Yu told the agency that he was not aware of any data from Konnech being stored in China, the lawyer said at the hearing.The F.B.I. agents were surprised to learn about Mr. Yu’s arrest, Mr. Kriger said at the hearing. A spokeswoman for the F.B.I. said she “wouldn’t be in the position to confirm or deny comments made by the attorney.”Mr. Yu, 64 and a Chinese-born American citizen, co-founded Konnech in 2002 as a phone technology company. He turned it into an elections software company in the late 2000s.In statements made to The New York Times before his arrest, Mr. Yu said that he had shuttered Konnech’s Chinese subsidiary in 2021 and that he no longer had employees there. Two people with knowledge of the company, who would speak only anonymously because of the legal proceedings, said it was known within Konnech that employees should avoid bringing up the use of Chinese contractors when talking to customers.Attention on the company surged in August and September after a conference hosted by Catherine Engelbrecht, the founder of True the Vote, a nonprofit that claims to be searching for evidence of voter fraud, and Gregg Phillips, an election denier and longtime associate of the group.The group claimed that their team had discovered and downloaded Konnech’s data from servers located in China.Mr. Yu later sued the group for defamation, hacking and other charges, and hired a crisis management company. That case, based in Texas, is continuing.The Los Angeles County district attorney’s office said its investigation began after Mr. Phillips had sent a tip to its public integrity division. When it announced the charges last week, the district attorney’s office told The New York Times in a statement that the group’s investigation had no input on the county’s investigation.After Mr. Yu’s arrest, Konnech sent an identical letter to several customers claiming that they had “never hosted your data or system in servers outside of the United States.”Fairfax County, Va., the City of Detroit, and Prince William County, Va., terminated their contracts with Konnech after Mr. Yu’s arrest.Los Angeles County said it would continue using Konnech software to manage data on about 12,000 to 14,000 poll workers for the midterm elections.Dekalb County in Georgia voted to keep its contract with Konnech, adding an amendment that the data would be stored on servers owned by Dekalb County instead of by Konnech.“We’re one week out from early voting starting in Georgia and run the risk of our election operations going awry from a company that is going down in flames,” Marci McCarthy, the chairwoman for the county’s Republican Party, said in an interview after the vote.“It’s not over,” she added. 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      Christina Bobb, a Trump Lawyer, Is Under Justice Dept. Scrutiny

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      Christina Bobb is a former Marine and a fervent believer that the 2020 election was stolen from Donald J. Trump. She went to work for him and quickly found herself enmeshed in an obstruction investigation.WASHINGTON — This spring, one of the lawyers representing former President Donald J. Trump made an urgent, high-stakes request to Christina G. Bobb, who had just jumped from a Trump-allied cable network to a job in his political organization.The former president was in the midst of an escalating clash with the Justice Department about documents he had taken with him from the White House at the end of his term. The lawyer, M. Evan Corcoran, met Ms. Bobb at the president’s residence and private club in Florida and asked her to sign a statement for the department that the Trump legal team had conducted a “diligent search” of Mar-a-Lago and found only a few files that had not been returned to the government.Ms. Bobb, a 39-year-old lawyer juggling amorphous roles in her new job, was being asked to take a step that neither Mr. Trump nor other members of the legal team were willing to take — so she looked before leaping.“Wait a minute — I don’t know you,” Ms. Bobb replied to Mr. Corcoran’s request, according to a person to whom she later recounted the episode. She later complained that she did not have a full grasp of what was going on around her when she signed the document, according to two people who have heard her account.Ms. Bobb, who relentlessly promoted falsehoods about the 2020 election as an on-air host for the far-right One America News Network, eventually signed her name. But she insisted on adding a written caveat before giving it to a senior Justice Department official on June 3: “The above statements are true and correct to the best of my knowledge.”Her sworn statement, hedged or not, was shown to be flatly false after the F.B.I.’s search of Mar-a-Lago on Aug. 8, which recovered about 100 additional highly sensitive government documents, including some marked with the highest levels of classification. And prosecutors are now investigating whether her actions constitute obstruction of justice or if she committed other crimes.On Friday, Ms. Bobb sat for a voluntary interview with Justice Department lawyers in Washington, according to three people familiar with the situation. She told them that another Trump lawyer, Boris Epshteyn, contacted her the night before she signed the attestation and connected her with Mr. Corcoran. Ms. Bobb, who was living in Florida, was told that she needed to go to Mar-a-Lago the next day to deal with an unspecified legal matter for Mr. Trump.In her meeting with the department — a development reported by NBC News on Monday — Ms. Bobb, who was accompanied by her criminal defense lawyer, John Lauro, emphasized that she was working as part of a team rather than as a solo actor when she signed the statement attesting to the return of all the documents, the people said.Mr. Corcoran, she told the Justice Department, had walked her through how he had conducted a search of a storage facility at Mar-a-Lago for the documents. She said she had believed at the time she signed the attestation in June that it was accurate, according to a person with knowledge of the situation.Ms. Bobb has made clear that she is not taking an adversarial position toward Mr. Trump in answering the Justice Department’s questions. She told investigators that before she signed the attestation, she heard Mr. Trump tell Mr. Corcoran that they should cooperate with the Justice Department and give prosecutors what they wanted — an assurance that would come to ring hollow as the investigation proceeded and became a bitter court fight.The Justice Department declined to comment. Ms. Bobb, Mr. Corcoran and a spokesman for Mr. Trump did not respond to requests for comment. A lawyer for Mr. Epshteyn did not respond to an email seeking comment.Ms. Bobb has been a fervent promoter of baseless claims that the 2020 election was stolen from Mr. Trump.Josh Ritchie for The New York TimesMs. Bobb’s trajectory is a familiar one in Mr. Trump’s orbit: a marginal player thrust by ambition and happenstance into a position where her profile and prospects are elevated, but at the cost of serious legal and reputational risk.But she stands out for a varied background — she is a former Marine who served in Afghanistan and a failed political candidate who jettisoned a conventional career to become a far-right cable news host — and for the tensile strength of her baseless conviction that the 2020 election was stolen from Mr. Trump.More on the Trump Documents InquirySupreme Court Request: The Justice Department urged the justices to reject a request from former President Donald J. Trump asking the court to intervene in the litigation over documents seized from his Florida estate.Documents Still Missing?: A top Justice Department official told Mr. Trump’s lawyers in recent weeks that the agency believed he had not returned all the records he took when he left the White House, according to two people briefed on the matter.Deflecting Demands: Mr. Trump spent a year and a half deflecting, delaying and sometimes leading aides to dissemble when it came to demands from the National Archives and the Justice Department to return the material he had taken, interviews and documents show.Dueling Judges: The moves and countermoves by a federal judge and the special master she appointed reflect a larger struggle over who should control the rules of the review of the documents seized from Mar-a-Lago.In the past two years, Ms. Bobb has emerged as one of his truest of true believers, embracing conspiracy theories with a fervor that has at times seemed over the top even to her colleagues, according to interviews with a dozen people who have worked with her over the past several years.Ms. Bobb has not been shy about expressing her opinions on conservative news outlets, speaking expansively about the court-authorized F.B.I. search and her low opinion of those who executed it.“I don’t believe that there was any classified material in there, though I’m sure the F.B.I. will say that there is,” she said in an interview with the conservative activist Dinesh D’Souza two days after the warrant was executed.Another conservative activist, Mike Farris, asked if she was concerned by the Justice Department’s aggressive approach.“I’m not too worried about it,” she replied. “They are all a bunch of cowards; they don’t have anything.”Ms. Bobb was present in the pro-Trump “command center” at the Willard Hotel in Washington before the Capitol attack, along with Rudolph W. Giuliani and other Trump stalwarts.She acted as Mr. Giuliani’s go-between with state officials in Arizona and helped fund-raise for a recount in Maricopa County that Republican leaders called a “sham.” She drafted a memo and participated in meetings to discuss a plan to appoint alternate slates of electors to reverse legitimate state election results. And Ms. Bobb created the computer file used to draft a proposal, never carried out, for Mr. Trump to issue an executive order for the federal government to seize voting machines..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.Dominion Voting Systems is suing Ms. Bobb and OAN for promoting unsubstantiated claims that the company was part of a vote-switching scheme to favor Joseph R. Biden Jr. The House committee investigating the Capitol riot subpoenaed Ms. Bobb in March to testify about her “attempts to disrupt or delay” certification of the election and her reported involvement in drafting the executive order.She complied, but provided no proof when pressed on her claims about the election, according to a congressional aide with knowledge of her testimony.Ms. Bobb blurred the lines between covering Mr. Trump and working for him:She offered a dour after-action report of the failed attempt to appoint alternate electors to overturn the election in a previously undisclosed memo she sent to Mr. Trump on March 29, 2021, while working for OAN. The memo, obtained from a person to whom it was later forwarded, was marked “ATTORNEY CLIENT PRIVILEGE” even though she was not on Mr. Trump’s legal team at the time.“If three states changed their electors, the result of the election would have flipped,” Ms. Bobb wrote, adding a caveat at the end: It was “unclear” whether the Supreme Court would have supported the elector scheme.It is not known if Mr. Trump read it. He seems to have a mixed opinion of Ms. Bobb’s on-air work, however, grousing that she was too flattering to him in several OAN interviews, according to two people with knowledge of the situation.After leaving the Department of Homeland Security, Ms. Bobb became a host on the far-right One America News Network.Gabby Jones/BloombergMs. Bobb, a standout soccer and volleyball player during her high school years in the Phoenix area, graduated with a joint business and law degree from San Diego State University and California Western School of Law in 2008.She joined the Marine Corps, going through officer candidate school and completing a grueling basic training course in May 2010 as one of 16 women in a class of 280. She served in the Judge Advocate General’s office, representing Marines in disciplinary hearings, and was assigned for a time in Helmand Province, Afghanistan, as an operational law attorney consulting combat commanders on the legality of military operations.Those experiences, Ms. Bobb has suggested, were front of mind as she stood in the sweltering Mar-a-Lago parking lot angrily observing F.B.I. agents carrying out the search warrant. “Every service member can tell you that you have an affirmative obligation to disregard an unlawful order,” she told Mr. Farris in August.Ms. Bobb left the Marines after two years to work for a law firm in San Diego, where she served as a junior lawyer in three trademark infringement cases brought by CrossFit against local gym operators, according to court records.Ms. Bobb, second from right, during a meeting about a ballot review at the Arizona Senate in Phoenix in July 2021. In the postelection period, she blurred the lines between her work for One America News and her advocacy of Mr. Trump.Joseph Cooke/The Republic / USA TODAY NETWORKAround that time, she made her first foray into politics, running as an independent for a House seat in a predominantly Democratic district in San Diego. She kept a defiantly low profile, criticizing politicians who craved the “limelight,” maintaining a bare-bones website and raising no money.“I understand that it might not work, but it might,” she told a reporter covering the race in 2014.It did not. Ms. Bobb finished last in a field of eight, with 929 votes. She did not challenge the result.A few years later, she moved to Washington; in mid-2019, she was selected for an administrative job at the Department of Homeland Security — executive secretary. She served as a conduit for external correspondence, and her name was often attached to important memos, largely drafted by others, such as a list of locations where Mr. Trump’s border wall was to be built.The job also entailed another responsibility: ensuring compliance with federal records laws.Colleagues remember Ms. Bobb as hardworking and professional, with a bearing more military than political (she retained the habit of referring to superiors as “sir” and “ma’am”). But it soon became clear that the department’s leadership, while satisfied with her work, was not wowed with it and had no intention of promoting her, two former co-workers said.In late 2019, she requested a position in the policy unit of Customs and Border Protection but left after only a few months, they said.At that point, Ms. Bobb made an abrupt career shift, applying for a job with the San Diego-based OAN, where her connection to homeland security seemed to have been a selling point.The network’s conservative owners viewed immigration as their top priority and wanted to bolster their coverage. Ms. Bobb’s first on-air interview was with her former boss Chad Wolf, the acting homeland security secretary.It was after Election Day 2020 that she seemed to find her calling, airing multiple reports of unproven electoral fraud, culminating in a lengthy February 2021 segment, “Arizona Election Heist,” which promoted debunked and dubious claims about her home state.After the election, Ms. Bobb was also a fixture at meetings where Trump hard-liners like John Eastman and Sidney Powell discussed plans to reverse the results — which initially raised questions about whether she was embedded for reporting purposes or committed to the cause. Participants quickly concluded it was the latter, according to one of them.By December, she was back-channeling requests from Mr. Giuliani to Republican state officials in Arizona, pressuring them to authorize a recount of the Maricopa voting, despite a statewide canvass that confirmed Mr. Biden’s 10,000-vote margin of victory.“Mayor Giuliani asked me to send you these declarations,” Ms. Bobb wrote to one leader, accompanied by affidavits, according to an email obtained by American Oversight, a left-leaning watchdog group.By March 2022, Ms. Bobb decided to leave OAN and relocated to Florida to be closer to Mr. Trump and some of the senior leadership of the Trump-affiliated Save America PAC, taking a staff job that paid $144,600 a year, according to federal campaign finance records.While she has been a fixture on the airwaves and social media, Ms. Bobb requested that her name be redacted from the signed attestation about the documents when it was unsealed in late August, according to a person with knowledge of the situation.It leaked anyway.Susan C. Beachy More

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      Judge Narrows Trial of Analyst Who Gathered Steele Dossier Claims About Trump

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      Matters deemed tangential to the charges of making false statements, including a notorious and uncorroborated rumor of a sex tape, will be excluded from the case.WASHINGTON — John H. Durham, the Trump-era special counsel, set off political reverberations last year when he unveiled a lengthy indictment of an analyst he accused of lying to the F.B.I. about sources for the so-called Steele dossier, a discredited compendium of political opposition research about purported ties between Donald J. Trump and Russia.But the trial of the analyst, Igor Danchenko, which opens on Tuesday with jury selection in federal court in Alexandria, Va., now appears likely to be shorter and less politically salient than the sprawling narrative in Mr. Durham’s indictment had suggested the proceeding would be.In an 18-page order last week, the judge overseeing the case, Anthony J. Trenga of the Eastern District of Virginia, excluded from the trial large amounts of information that Mr. Durham had wanted to showcase — including material that undercuts the credibility of the dossier’s notorious rumor that Russia had a blackmail tape of Mr. Trump with prostitutes.Certain facts Mr. Durham dug up related to that rumor “do not qualify as direct evidence as they are not ‘inextricably intertwined’ or ‘necessary to provide context’ to the relevant charge,” Judge Trenga wrote, adding that they “were substantially outweighed by the danger of confusion and unfair prejudice.”In that and other disputes over evidence, Judge Trenga, a George W. Bush appointee, almost always sided with Mr. Danchenko’s defense lawyers. Mr. Durham, they said, had tried to inject irrelevant issues into the trial in “an unnecessary and impermissible attempt to make this case about more than it is.”Judge Trenga’s ruling has pared down the larger significance of the trial, which is likely to be Mr. Durham’s final courtroom act before he retires as a longtime prosecutor. The grand jury that Mr. Durham has used to hear evidence has expired, suggesting he will bring no further indictments.Mr. Durham is also writing a report to Attorney General Merrick B. Garland, who succeeded the Trump administration official who appointed him as special counsel, William P. Barr.Judge Trenga’s ruling has pared down the significance of the trial, which is likely to be John H. Durham’s final courtroom act before he retires as a longtime prosecutor.Samuel Corum for The New York TimesThe dossier, which is at the heart of the Danchenko trial, attracted significant public attention when BuzzFeed published it in January 2017. Mr. Trump and his supporters frequently try to conflate it with the official Russia inquiry or falsely claim that it was the basis for the F.B.I.’s investigation.But the F.B.I. did not open the investigation based on the dossier, and the final report by the special counsel, Robert S. Mueller III, did not cite anything in it as evidence. The F.B.I. did cite some claims from the dossier in applying for court permission to wiretap a former Trump campaign adviser with ties to Russia.The Spread of Misinformation and FalsehoodsElection Fraud Claims: A new report says that major social media companies continue to fuel false conspiracies about election fraud despite promises to combat misinformation ahead of the midterm elections.Russian Falsehoods: Kremlin conspiracy theories blaming the West for disrupting the global food supply have bled into right-wing chat rooms and mainstream conservative news media in the United States.Media Literacy Efforts: As young people spend more time online, educators are increasingly trying to offer students tools and strategies to protect themselves from false narratives.Global Threat: New research shows that nearly three-quarters of respondents across 19 countries with advanced economies are very concerned about false information online.The dossier grew out of opposition research indirectly funded by Hillary Clinton’s presidential campaign and the Democratic National Committee. Their law firm, Perkins Coie, contracted with the research firm Fusion GPS, which subcontracted research about Trump business dealings in Russia to a company run by Christopher Steele, a former British intelligence agent.Mr. Steele in turn subcontracted to Mr. Danchenko, a Russian-born analyst living in the United States, who canvassed people he knew, including in Europe and Russia. Mr. Danchenko verbally relayed what the analyst later called “raw intelligence” — essentially uncorroborated gossip — to Mr. Steele, who drafted the dossier.A bureau counterintelligence analyst determined Mr. Danchenko’s identity and the F.B.I. first spoke to him in early 2017, during which he said he had not seen the dossier until BuzzFeed published it. Its tenor was more conclusive than was justified, he said, and he portrayed the blackmail tape story as mere rumor and speculation.Mr. Danchenko talked to the F.B.I. for hours about what he had gathered, and court filings by Mr. Durham disclosed that the bureau formally deemed him a confidential human source.An inspector general report revealed in late 2019 that Mr. Danchenko’s interview had raised doubts about the credibility of the dossier and criticized the bureau for failing to tell that to a court in wiretap renewal applications that continued to cite it. The report essentially portrayed Mr. Danchenko, whom it did not name, as a truth-teller, and the F.B.I. as deceptive.But after further investigation, Mr. Durham accused Mr. Danchenko of deceiving the F.B.I. — including by concealing that a public relations executive with ties to Democrats, Charles Dolan, had been his source for a minor claim involving office politics in the Trump campaign. That assertion made its way into the dossier.At the trial, Mr. Danchenko’s defense will apparently be that the F.B.I. asked him whether he had ever “talked” to Mr. Dolan about information in the dossier and that his somewhat equivocal denial was true: They had instead communicated by writing about that topic.Mr. Danchenko is accused of making false statements to the F.B.I.Chip Somodevilla/Getty ImagesDefense lawyers had asked Judge Trenga to throw out the charge, arguing that the particular statute Mr. Danchenko had been charged with covers only affirmative misstatements, not misleading omissions. The judge has characterized that issue as a close call but let it go forward, while suggesting he could revisit the question later.Mr. Durham had also wanted to present striking but inconclusive evidence: In the summer of 2016, when Mr. Danchenko went to Moscow to gather rumors like the one about a purported sex tape, Mr. Dolan was staying at the hotel where the tape had supposedly been filmed three years earlier — and toured the suite where Mr. Trump had stayed.But Mr. Dolan told Mr. Durham’s team that he had never heard the tape rumor until BuzzFeed published the dossier, and Mr. Durham did not claim that Mr. Dolan was a source of the rumor. The judge excluded that information from the trial as irrelevant to the false statements Mr. Danchenko is charged with making.Mr. Durham also brought four false-statement charges against Mr. Danchenko related to accusations that he lied to the F.B.I. about a person he said had called and provided information without identifying himself.Mr. Danchenko told the F.B.I. he believed the caller had probably been Sergei Millian, a former president of the Russian-American Chamber of Commerce, but Mr. Durham contends that is a lie and Mr. Danchenko never believed that.Like Mr. Steele, Mr. Millian is abroad; he refused to come to the United States to be a witness at the trial. The judge has also ruled inadmissible two emails Mr. Millian apparently wrote about Mr. Danchenko in 2020 denying that he talked to Mr. Danchenko.The “emails lack the necessary ‘guarantees of trustworthiness’ as the government does not offer direct evidence that Millian actually wrote the emails, and, even if he did, Millian possessed opportunity and motive to fabricate and/or misrepresent his thoughts,” the judge wrote.After Mr. Durham was assigned to investigate the Russia investigation in the spring of 2019, Mr. Trump and his supporters stoked expectations that Mr. Durham would uncover a “deep state” conspiracy against him and charge high-level F.B.I. and intelligence officials with crimes.But instead, Mr. Durham developed two cases on narrow charges of false statements involving outside efforts to uncover links between Mr. Trump and Russia. One was against Michael Sussmann, a lawyer with Democratic ties who was acquitted of lying to the F.B.I. when he shared a tip about possible connections between Mr. Trump and Russia. Another was against Mr. Danchenko.Mr. Durham filled court filings with copious amounts of information seemingly extraneous to the charges, while insinuating that Democrats had conspired to frame Mr. Trump for colluding with Russia.While that was not the theoretical conspiracy Mr. Trump and his supporters at outlets like Fox News had originally focused on, Mr. Durham’s filings provided fodder for them to stoke grievances about the Russia investigation. But judges in both cases have proved skeptical about putting much of that material before a jury.In both instances, however, Mr. Durham’s earlier filings had already made that information public.Mr. Danchenko was the subject of a counterintelligence investigation more than a decade ago, after the F.B.I. received a tip that he had made a remark that someone interpreted as an offer to buy classified information. He had also had contact with someone at the Russian embassy believed to be an intelligence officer. The bureau closed the case in 2011 without charging him.Mr. Danchenko — who made his name as a Russia analyst by bringing to light evidence that President Vladimir V. Putin likely plagiarized parts of his dissertation — has denied being a Russian agent and said he has no memory of the purported remark. For now, the judge has barred Mr. Durham’s team from introducing details about that inquiry, although prosecutors can tell the jury that there had been one.In an interview last month with the conservative Washington Examiner, Mr. Barr suggested that despite the special counsel’s limited achievements in the courtroom, the investigation was a success from another point of view.“I think Durham got out a lot of important facts that fill in a lot of the blanks as to what was really happening,” Mr. Barr said, adding that he expected “the Danchenko trial will also allow for a lot of this story to be told, whether or not he’s ultimately convicted.” More

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      Jan. 6 Defendant Coordinated Volunteers to Help Glenn Youngkin

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      In the election last fall that sent Glenn Youngkin to the Virginia governor’s office and propelled him to G.O.P. stardom, the state and local Republican Party tasked Joseph Brody with coordinating volunteers to knock on doors of potential Youngkin voters in the state’s strategically crucial northern suburbs.But eight months earlier, Mr. Brody had been immersed in the Jan. 6 attack at the U.S. Capitol, according to the F.B.I., which said that he assaulted a police officer with a metal barricade and breached several restricted areas, including the Senate floor and the office of Speaker Nancy Pelosi.Now, Mr. Brody, 23, who the F.B.I. said was associated with the white nationalist group America First, is facing felony and misdemeanor charges for his role. The candidate he would go on to help, Mr. Youngkin, tried during his campaign to keep himself at arm’s length from former President Donald J. Trump, and he called the Jan. 6 riot a “blight on our democracy.”Shortly after Mr. Brody’s arrest last month, an image scraped from the internet by online sleuths who call themselves “Sedition Hunters” showed a man in a MAGA hat holding a high-powered rifle in front of a Nazi flag, with a bandanna concealing his face. The group, which has provided information that has helped law enforcement officials make hundreds of arrests related to Jan. 6, said the man in the photo was Mr. Brody.A public defender listed for Mr. Brody did not respond to several requests for comment. Messages sent to an email account for Mr. Brody went unanswered. There was no answer at a phone number listed for him.Mr. Youngkin’s office referred questions about Mr. Brody to Kristin Davison, a political consultant for the governor, who said in an email on Friday that Mr. Brody “did not work for or with the Youngkin campaign.”The Fairfax County Republican Committee twice listed Mr. Brody, who is from Springfield, Va., in Fairfax, as helping to coordinate a volunteer effort to knock on doors for “Team Youngkin.” When asked about those online listings, Ms. Davison said, “Those are not posts from the Youngkin campaign.”.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.Mr. Youngkin’s campaign logo appeared on both pages, which included an official email address associated with the Republican Party of Virginia for Mr. Brody.“Mr. Brody was employed by the party as a door-knocker for one month last fall,” Ellie Sorensen, a state G.O.P. spokeswoman, said in an email on Monday. “He has not been employed by the Republican Party of Virginia for over a year.”Ms. Sorensen did not comment further about the charges against Mr. Brody or what had led to the end of his employment with the party.The Fairfax Republicans did not respond to multiple requests for comment.According to a criminal affidavit, Mr. Brody recorded and photographed senators’ desks during the Capitol attack, in which he wore a neck gaiter with an American flag pattern. Later, he “assisted another rioter in using a metal barricade against a Capitol Police officer, knocking the officer back as he attempted to secure the north door,” an F.B.I. agent said in the affidavit.Federal investigators said Mr. Brody had previously met four other men who were recently charged in the attack at an event held by America First, whose followers are known as Groypers. The movement’s leader, Nicholas J. Fuentes, a white supremacist who has been denounced by conservative organizations as a Holocaust denier and a racist, was issued a subpoena by the congressional committee investigating the Jan. 6 attack.In one photograph that a group of Sedition Hunters said it had obtained of Mr. Brody, a young political canvasser holds a campaign sign for Mr. Youngkin. The group contrasted that image with other postings it said were from Mr. Brody’s social media accounts, some of which showed Nazi symbols and diatribes against women.Luke Broadwater More

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      Talk of ‘Civil War,’ Ignited by Mar-a-Lago Search, Is Flaring Online

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      Soon after the F.B.I. searched Donald J. Trump’s home in Florida for classified documents, online researchers zeroed in on a worrying trend.Posts on Twitter that mentioned “civil war” had soared nearly 3,000 percent in just a few hours as Mr. Trump’s supporters blasted the action as a provocation. Similar spikes followed, including on Facebook, Reddit, Telegram, Parler, Gab and Truth Social, Mr. Trump’s social media platform. Mentions of the phrase more than doubled on radio programs and podcasts, as measured by Critical Mention, a media-tracking firm.Posts mentioning “civil war” jumped again a few weeks later, after President Biden branded Mr. Trump and “MAGA Republicans” a threat to “the very foundations of our republic” in a speech on democracy in Philadelphia.Now experts are bracing for renewed discussions of civil war, as the Nov. 8 midterm elections approach and political talk grows more urgent and heated.More than a century and a half after the actual Civil War, the deadliest war in U.S. history, “civil war” references have become increasingly commonplace on the right. While in many cases the term is used only loosely — shorthand for the nation’s intensifying partisan divisions — observers note that the phrase, for some, is far more than a metaphor.Polling, social media studies and a rise in threats suggest that a growing number of Americans are anticipating, or even welcoming, the possibility of sustained political violence, researchers studying extremism say. What was once the subject of serious discussion only on the political periphery has migrated closer to the mainstream.But while that trend is clear, there is far less agreement among experts about what it means.Some elements of the far right view it literally: a call for an organized battle for control of the government. Others envision something akin to a drawn-out insurgency, punctuated with eruptions of political violence, such as the attack on the F.B.I.’s Cincinnati field office in August. A third group describes the country as entering a “cold” civil war, manifested by intractable polarization and mistrust, rather than a “hot” war with conflict.After Donald Trump lost the 2020 election, his supporters demonstrated at the Michigan Capitol in Lansing.John Moore/Getty Images“The question is what does ‘civil war’ look like and what does it mean,” said Elizabeth Neumann, assistant secretary for counterterrorism at the Homeland Security Department under Mr. Trump. “I did not anticipate, nor did anyone else as far as I know, how rapidly the violence would escalate.”Ms. Neumann now works for Moonshot, a private security company that tracks extremism online. Moonshot found a 51 percent increase in “civil war” references on the most active pages on 4Chan, the fringe online message board, in the week after Mr. Biden’s Sept. 1 speech.But talk of political violence is not relegated to anonymous online forums.At a Trump rally in Michigan on Saturday night, Representative Marjorie Taylor Greene, a Republican from Georgia, said that “Democrats want Republicans dead,” adding that “Joe Biden has declared every freedom-loving American an enemy of the state.” At a recent fund-raiser, Michael T. Flynn, who briefly served as Mr. Trump’s national security adviser, said that governors had the power to declare war and that “we’re probably going to see that.”On Monday, federal prosecutors showed a jury in Washington an encrypted message that Stewart Rhodes, founder of the Oath Keepers armed extremist group, had sent his lieutenants two days after the 2020 presidential election: “We aren’t getting through this without a civil war.”Experts say the steady patter of bellicose talk has helped normalize the expectation of political violence.In late August, a poll of 1,500 adults by YouGov and The Economist found that 54 percent of respondents who identified as “strong Republicans” believed a civil war was at least somewhat likely in the next decade. Only about a third of all respondents felt such an event was unlikely. A similar survey conducted by the same groups two years ago found nearly three in five people feeling that a “civil war-like fracture in the U.S.” was either somewhat or very unlikely.“What you’re seeing is a narrative that was limited to the fringe going into the mainstream,” said Robert Pape, a political science professor at the University of Chicago and founder of the Chicago Project on Security and Threats.The institute’s researchers tracked tweets mentioning civil war before and after Mr. Trump announced the search on Mar-a-Lago. In the five preceding days, they logged an average of roughly 500 tweets an hour. That jumped to 6,000 in the first hour after Mr. Trump published a post on Truth Social on the afternoon of Aug. 8, saying “these are dark times for our Nation.” The pace peaked at 15,000 tweets an hour later that evening. A week later, it was still six times higher than the baseline, and the phrase was once again trending on Twitter at month’s end.Extremist groups have been agitating for some sort of government overthrow for years and, Mr. Pape said, the most radical views — often driven by white supremacy or religious fundamentalism — remain marginal, advanced by no more than 50,000 people nationwide.But a far larger group, he said, are the people who have been influenced by Mr. Trump’s complaints about the “Washington swamp” and “deep state” forces working against him and his allies.Trump supporters in Phoenix, too, protested after his election loss.Adriana Zehbrauskas for The New York TimesThose notions, stirred in a smoldering crucible with QAnon conspiracy theories, anti-vaccine views and election denialism, have fueled a growing hostility toward the federal government and rising talk about states’ rights.“Did you know that a governor can declare war?” Mr. Flynn said at the fund-raiser on Sept. 18, for Mark Finchem, a Republican running for secretary of state in Arizona. “And we’re going to probably, we are probably going to see that.”Neither Mr. Flynn nor Mr. Finchem responded to a request for comment about the inaccurate remarks. The U.S. Constitution grants Congress the sole power to declare war and, in fact, specifically bars states from engaging in war “unless actually invaded.”However far-fetched, such ideas are often amplified by a proliferating set of social media channels such as the right-wing platform Gab and Mr. Trump’s Truth Social.Social media platforms are rife with groups and boards dedicated to discussions of civil war. One, on Gab, describes itself as a place for “action reports,” “combat vids” and reports of killed in action in “the civil war that is also looking to be a 2nd American Revolution.”In August, a single tweet stating “I think civil war has just been declared” managed to reach over 17 million profiles despite coming from an account with under 14,000 followers, according to Cybara, an Israeli firm that monitors misinformation.“Ideas go into echo chambers and it’s the only voice that’s heard; there are no voices of dissent,” said Kurt Braddock, an American University professor who studies how terrorist groups radicalize and recruit.Mr. Braddock said he did not believe these posts indicated any planning for a war. But he worries about what academics call “stochastic terrorism” — seemingly random acts of violence that are, in fact, provoked by “coded language, dog whistles and other subtext” in statements by public figures.A rally in Holland, Mich., in 2021 at a restaurant that had defied state pandemic measures.Emily Rose Bennett for The New York TimesMr. Trump is adept at making such statements, said Mr. Braddock, citing Mr. Trump’s April 2020 tweet reading “Liberate Michigan!” Less than two weeks later, mobs of heavily armed protesters occupied the state capitol in Lansing. He also pointed to Mr. Trump’s speech before the Capitol riot on Jan. 6, 2021, when he encouraged thousands of supporters to march to the U.S. Capitol and, later in the same remarks told them, “if you don’t fight like hell, you’re not going to have a country anymore.”“The statements Trump makes are not overt calls to action, but when you have a huge and devoted following, the chances that one or more people are activated by that are high,” Mr. Braddock said.A spokesman for Mr. Trump did not respond to requests for comment.Mr. Trump used the term “civil war” in 2019, when he declared in a tweet that “it will cause a Civil War-like fracture in this Nation from which our Country will never heal” if he was removed from office. Last month, Mr. Trump said there would be “problems in this country the likes of which perhaps we’ve never seen before” if he was indicted over his handling of the classified documents that were the target of the F.B.I. search.Other Republicans have used language suggesting the country is on the brink. Ms. Greene wrote in August that the Mar-a-Lago search reflected the “type of things that happen in countries during civil war,” in posts to her nearly 900,000 combined followers on Facebook and Telegram. Senator Rick Scott of Florida likened the F.B.I. to the Gestapo, the secret police in Nazi Germany, saying “this cannot be our country.”Late last month, Senator Ted Cruz, a Republican, told The Texas Tribune he believed immigration legislation was unlikely in part because of a “political civil war.” He has made similar comments before, including a November 2021 call for Texas to secede if Democrats “destroy the country.”Nick Dyer, a spokesman for Ms. Greene, said that she was “vehemently opposed to political violence” and that her civil war comments were about Democrats, who “are acting like a regime launching a war on their opposition.”McKinley Lewis, communications director for Mr. Scott, said he had “ZERO tolerance for violence of any kind” but added that he “continues to demand answers” related to the F.B.I.’s Mar-a-Lago search.Republicans have often argued that their language is political rhetoric and blamed Democrats for twisting it to stoke divisions. It’s Democrats and the left, they said, who are courting violence by labeling Mr. Trump’s supporters adherents of what Mr. Biden has called “semi-fascism.”In response to a query about Mr. Cruz’s comments, Maria Jeffrey Reynolds, a spokeswoman for the senator, said Mr. Cruz placed blame on President Biden, claiming that he has “driven a wedge down the middle of our country.”After President Biden delivered his speech on democracy, Brian Gibby, a freelance data entry specialist in Charlotte, N.C., wrote in a Substack post that he believed “the Second Civil War began” with the president’s remarks.“I have never seen a more divisive, hate-filled speech from an American president,” Mr. Gibby wrote.President Biden described Mr. Trump and his loyalists as a threat to “the very foundations of our republic” in a speech on democracy in Philadelphia.Doug Mills/The New York TimesAsked by The New York Times to explain his views, Mr. Gibby said he believed Mr. Biden was “escalating a hot conflict in America.” He worries something will happen around the November elections that will be “akin to Jan. 6, but much more violent,” where armed protest groups from both sides of the political spectrum come to blows.“Plan ahead, stock up, stay safe, get out of cities if you can,” he wrote. More

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      Trump’s Lawyers Could Face Legal Troubles of Their Own

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      Several of the former president’s lawyers are under scrutiny by federal investigators amid squabbling over competence.To understand the pressures, feuds and questions about competence within former President Donald J. Trump’s legal team as he faces potential prosecution on multiple fronts, consider the experience of Eric Herschmann, a former Trump White House lawyer who has been summoned to testify to a federal grand jury.For weeks this summer, Mr. Herschmann tried to get specific guidance from Mr. Trump’s current lawyers on how to handle questions from prosecutors that raise issues of executive privilege or attorney-client privilege.After ignoring Mr. Herschmann or giving him what he seemed to consider perplexing answers to the requests for weeks, two of the former president’s lawyers, M. Evan Corcoran and John Rowley, offered him only broad instructions in late August. Assert sweeping claims of executive privilege, they advised him, after Mr. Corcoran had suggested that an unspecified “chief judge” would ultimately validate their belief that a president’s powers extend far beyond their time in office.Mr. Herschmann, who served on Mr. Trump’s first impeachment defense team but later opposed efforts to reverse the results of the 2020 election, was hardly reassured and sounded confused by the reference to a chief judge.“I will not rely on your say-so that privileges apply here and be put in the middle of a privilege fight between D.O.J. and President Trump,” Mr. Herschmann, a former prosecutor, responded in an email, referring to the Justice Department. The exchange was part of a string of correspondence in which, after having his questions ignored or having the lawyers try to speak directly with him on the phone instead, Mr. Herschmann questioned the competence of the lawyers involved.The emails were obtained by The New York Times from a person who was not on the thread of correspondence. Mr. Herschmann declined to comment.Mr. Herschmann’s opinion was hardly the only expression of skepticism from current and former allies of Mr. Trump who are now worried about a turnstile roster of lawyers representing a client who often defies advice and inserts political rants into legal filings.Mr. Trump’s legal team just won one round in its battle with the Justice Department over the seizure of documents from his residence and private club in Florida, Mar-a-Lago, and it is not clear whether he will face prosecution from the multiple federal and state investigations swirling around him even as he weighs another run for the presidency.Mr. Trump has also just brought on a well-regarded lawyer, Christopher M. Kise, the former solicitor general of Florida, to help lead his legal team, after being rejected by a handful of others he had sought out, including former U.S. attorneys with experience in the jurisdictions where the investigations are unfolding.Mr. Kise agreed to work for the former president for a $3 million fee, an unusually high retainer for Mr. Trump to agree to, according to two people familiar with the figure. Mr. Kise did not respond to an email seeking comment.But Mr. Trump’s legal team has been distinguished in recent months mostly by infighting and the legal problems that some of its members appear to have gotten themselves into in the course of defending him.In a statement, a spokesman for Mr. Trump, Taylor Budowich, said that “the unprecedented and unnecessary weaponization of law enforcement against the Democrats’ most powerful political opponent is a truth that cannot be overshadowed and will continue to be underscored by the vital work being done right now by President Trump and his legal team.”Two members of the Trump legal team working on the documents case, Mr. Corcoran and Christina Bobb, have subjected themselves to scrutiny by federal law enforcement officials over assurances they provided to prosecutors and federal agents in June that the former president had returned all sensitive government documents kept in his residence and subpoenaed by a grand jury, according to people familiar with the situation.That assertion was proved to be untrue after the search of Mar-a-Lago in August turned up more than 100 additional documents with classification markings..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;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.Investigators are seeking information from Ms. Bobb about why she signed a statement attesting to full compliance with the subpoena, and they have signaled they have not ruled out pursuing a criminal inquiry into the actions of either Ms. Bobb or Mr. Corcoran, according to two people briefed on the matter.The attestation was drafted by Mr. Corcoran, but Ms. Bobb added language to it to make it less ironclad a declaration before signing it, according to the people. She has retained the longtime criminal defense lawyer John Lauro, who declined to comment on the investigation.It is unclear whether the authorities have questioned Ms. Bobb yet or whether she has had discussions with Mr. Trump’s other lawyers about the degree to which she would remain bound by attorney-client privilege.Mr. Corcoran and Mr. Rowley did not respond to emails seeking comment.Mr. Corcoran, a former federal prosecutor and insurance lawyer, represented the former Trump aide Stephen K. Bannon in his recent trial for refusing to comply with a subpoena issued by the House committee investigating the Jan. 6 attack on the Capitol. In that case, Mr. Bannon claimed he believed he had immunity from testimony because of executive privilege; Mr. Trump later said he would not seek to invoke executive privilege for Mr. Bannon.Mr. Corcoran, the son of a former Republican congressman from Illinois, has told associates that he is the former president’s “main” lawyer and has insisted to colleagues that he does not need to retain his own counsel, as Ms. Bobb has.But several Trump associates have said privately that they believe Mr. Corcoran cannot continue in his role on the documents investigation. That view is shared by some of Mr. Trump’s advisers, who have suggested Mr. Corcoran needs to step away, in part because of his own potential legal exposure and in part because he has had little experience with criminal defense work beyond his stint as a federal prosecutor for the U.S. attorney in Washington more than two decades ago.Mr. Trump has at least 10 lawyers working on the main investigations he faces. Mr. Corcoran, Ms. Bobb and Mr. Kise are focused on the documents case, along with James M. Trusty, a former senior Justice Department official. Three lawyers on the team — Mr. Corcoran, Mr. Rowley and Timothy Parlatore — represent other clients who are witnesses in cases related to Mr. Trump’s efforts to stay in power.To the extent anyone is regarded as a quarterback of the documents and Jan. 6-related legal teams, it is Boris Epshteyn, a former campaign adviser and a graduate of the Georgetown University law school. Some aides tried to block his calls to Mr. Trump in 2020, according to former White House officials, but Mr. Epshteyn now works as an in-house counsel to Mr. Trump and speaks with him several times a day.Mr. Epshteyn played a key role coordinating efforts by a group of lawyers for and political allies of Mr. Trump immediately after the 2020 election to prevent Joseph R. Biden Jr. from becoming president. Because of that role, he has been asked to testify in the state investigation in Georgia into the efforts to reverse Mr. Biden’s victory there.Mr. Epshteyn’s phone was seized by the F.B.I. last week as part of the broad federal criminal inquiry into the attempts to overturn the election results and the Jan. 6 assault on the Capitol. That prompted alarm among some of Mr. Trump’s allies and advisers about him remaining in a position of authority on the legal team.It is not clear how much strategic direction and leadership Mr. Kise may provide. But he is joining a team defined by warring camps and disputes over legal issues.In his emails to Mr. Corcoran and Mr. Rowley, Mr. Herschmann — a prominent witness for the House select committee on Jan. 6 and what led to it — invoked Mr. Corcoran’s defense of Mr. Bannon and argued pointedly that case law about executive privilege did not reflect what Mr. Corcoran believed it did.Mr. Herschmann made clear in the emails that absent a court order precluding a witness from answering questions on the basis of executive privilege, which he had repeatedly implored them to seek, he would be forced to testify.“I certainly am not relying on any legal analysis from either of you or Boris who — to be clear — I think is an idiot,” Mr. Herschmann wrote in a different email. “When I questioned Boris’s legal experience to work on challenging a presidential election since he appeared to have none — challenges that resulted in multiple court failures — he boasted that he was ‘just having fun,’ while also taking selfies and posting pictures online of his escapades.”Mr. Corcoran at one point sought to get on the phone with Mr. Herschmann to discuss his testimony, instead of simply sending the written directions, which alarmed Mr. Herschmann, given that Mr. Herschmann was a witness, the emails show.In language that mirrored the federal statute against witness tampering, Mr. Herschmann told Mr. Corcoran that Mr. Epshteyn, himself under subpoena in Georgia, “should not in any way be involved in trying to influence, delay or prevent my testimony.”“He is not in a position or qualified to opine on any of these issues,” Mr. Herschmann said.Mr. Epshteyn declined to respond to a request for comment.Nearly four weeks after Mr. Herschmann first asked for an instruction letter and for Mr. Trump’s lawyers to seek a court order invoking a privilege claim, the emails show that he received notification from the lawyers — in the early morning hours of the day he was scheduled to testify — that they had finally done as he asked.His testimony was postponed.Michael S. Schmidt More

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      Durham Inquiry Appears to Wind Down as Grand Jury Expires

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      The special counsel appointed by the Trump administration to examine the Russia investigation seems to be wrapping up its work with no further charges in store.WASHINGTON — When John H. Durham was assigned by the Justice Department in 2019 to examine the origins of the investigation into the 2016 Trump campaign’s ties to Russia, President Donald J. Trump and his supporters expressed a belief that the inquiry would prove that a “deep state” conspiracy including top Obama-era officials had worked to sabotage him.Now Mr. Durham appears to be winding down his three-year inquiry without anything close to the results Mr. Trump was seeking. The grand jury that Mr. Durham has recently used to hear evidence has expired, and while he could convene another, there are currently no plans to do so, three people familiar with the matter said.Mr. Durham and his team are working to complete a final report by the end of the year, they said, and one of the lead prosecutors on his team is leaving for a job with a prominent law firm.Over the course of his inquiry, Mr. Durham has developed cases against two people accused of lying to the F.B.I. in relation to outside efforts to investigate purported Trump-Russia ties, but he has not charged any conspiracy or put any high-level officials on trial. The recent developments suggest that the chances of any more indictments are remote.After Mr. Durham’s team completes its report, it will be up to Attorney General Merrick B. Garland to decide whether to make its findings public. The report will be Mr. Durham’s opportunity to present any evidence or conclusions that challenge the Justice Department’s basis for opening the investigation in 2016 into the links between Mr. Trump and Russia.The Justice Department declined to comment. Mr. Durham and his team used a grand jury in Washington to indict Michael Sussmann, a prominent cybersecurity lawyer with ties to Hillary Clinton’s campaign. Mr. Sussmann was indicted last year on a charge of making a false statement to the F.B.I. at a meeting in which he shared a tip about potential connections between computers associated with Mr. Trump and a Kremlin-linked Russian bank.Mr. Sussmann was acquitted of that charge at trial in May.A grand jury based in the Eastern District of Virginia last year indicted a Russia analyst who had worked with Christopher Steele, a former British spy who was the author of a dossier of rumors and unproven assertions about Mr. Trump. The dossier played no role in the F.B.I.’s decision to begin examining the ties between Russia and the Trump campaign. It was used in an application to obtain a warrant to surveil a Trump campaign associate.The analyst, Igor Danchenko, who is accused of lying to federal investigators, goes on trial next month in Alexandria, Va.In the third case, Mr. Durham’s team negotiated a plea deal with an F.B.I. lawyer whom an inspector general had accused of doctoring an email used in preparation for a wiretap renewal application. The plea deal resulted in no prison time.Mr. Trump and his allies have long hoped that Mr. Durham would prosecute former F.B.I. and intelligence officials responsible for the Russia investigation, known as Crossfire Hurricane. Mr. Trump has described the investigation as a witch hunt and accused the F.B.I. of spying on his presidential campaign.What to Know About the Trump InvestigationsCard 1 of 6Numerous inquiries. More

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      MyPillow’s Mike Lindell Is Served Search Warrant

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      Mike Lindell, a prominent promoter of 2020 election misinformation, was served with a search warrant, and his cellphone was seized, by F.B.I. agents who questioned him about his ties to a Colorado county clerk who is accused of tampering with voting machines, Mr. Lindell said.Tina Peters, the county clerk in Mesa County, Colo., is under indictment on state charges related to a scheme to download data from election equipment after the 2020 presidential contest. Ms. Peters has pleaded not guilty to the charges.The search is a sign that a federal investigation into Ms. Peters has reached a prominent figure in the national movement to investigate and overturn the 2020 election. Mr. Lindell, the chief executive and founder of MyPillow, is a major promoter of debunked theories that keep alive the false notion that the election was stolen from former President Donald J. Trump.The Mesa County episode is one of several instances in which local officials and activists motivated by those theories have gained access to voting machines in hopes of proving the theories true. Prosecutors in Michigan and Georgia are also investigating whether data was improperly copied from machines.It is not clear if Mr. Lindell is a target of the investigation. The F.B.I. field office in Denver confirmed late Tuesday that the bureau had served Mr. Lindell with a warrant, but Deborah Takahara, a spokesperson for the U.S. Attorney’s Office in Denver, said the office had no further comment. It is also unclear whether others were served search warrants on Tuesday.In an interview with The New York Times on Tuesday night, Mr. Lindell said that he had been in a drive-through line at a Hardee’s fast food restaurant in Mankato, Minn., on Tuesday afternoon, while returning with a friend from a duck-hunting trip in Iowa, when his vehicle was surrounded by several cars driven by federal agents. The agents presented him with a search and seizure warrant and interviewed him for about 15 minutes.The agents asked him about his relationship to Ms. Peters, he said, and about an image copied from a voting machine in Mesa County that had appeared on Frank Speech, a website and hosting platform that Mr. Lindell operates.A letter handed to Mr. Lindell by the F.B.I. asked that he not tell anyone about the investigation, but he displayed a copy of the letter and the search warrant on his online TV show Tuesday evening, reading portions of it aloud. “Although the law does not require nondisclosure unless a court order is issued, we believe that the impact of any disclosure could be detrimental to the investigation,” read the letter, signed by Aaron Teitelbaum, an assistant U.S. attorney.A copy of the search warrant, parts of which were also read aloud by Mr. Lindell, said the government was seeking “all records and information relating to damage to any Dominion computerized voting system.”Prosecutors have accused Ms. Peters of attempting to extract data from voting machines under her supervision in Mesa County and of enlisting help from a network of activists, some close to Mr. Lindell. The effort was ostensibly an attempt to prove that voting machines had been used to steal the 2020 presidential election. Data that was purported to have come from the machines was later distributed at a conference hosted by Mr. Lindell last year at which Ms. Peters appeared onstage.The F.B.I. agents “asked if I gave her any money after the symposium,” Mr. Lindell said.Mr. Lindell once told a local reporter that he had funded Ms. Peters’s legal efforts directly. He now says he was mistaken about his contributions and that he did not directly contribute to her defense. “I was financing everything back then,” he said, referring to the various lawsuits that had been filed in relation to the 2020 election. “I thought I’d financed hers, too.”Mr. Lindell earlier told The Times that he had funneled as much as $200,000 to her legal defense via his legal fund, the Lindell Legal Offense Fund, through which he had said third-party donors supported various lawsuits and projects. Ms. Peters had directed supporters to donate to that fund.On his web TV show, which is streamed on Facebook and several other platforms, Mr. Lindell claimed that in their brief interview, F.B.I. agents had also asked about his connection with Douglas Frank, an activist who claims to have mathematical proof that the 2020 election was stolen. Lindell said that the F.B.I. had asked him whether he had employed Mr. Frank.Mr. Lindell is the target of a $1.3 billion defamation lawsuit filed by Dominion Voting Systems, which provides voting machines to Mesa County and other jurisdictions and which Mr. Lindell has claimed was responsible for changing the outcome of the 2020 election. He said the warrant had specifically sought data related to Dominion and its machines.“They think they’re going to intimidate me,” Mr. Lindell told The Times. “That’s disgusting.” More