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      F.B.I. Sought Interview With Trump Aide in Capitol Riot Case

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      Federal prosecutors issued a subpoena to William Russell, who served as a special assistant to the former president, and went to his home in Florida.Federal prosecutors issued a subpoena to a personal aide to former President Donald J. Trump as part of the investigation into the events leading up to the riot at the Capitol on Jan. 6, 2021, people familiar with the matter said.The move suggests that investigators have expanded the pool of people from whom they are seeking information in the wide-ranging criminal investigation into efforts by Mr. Trump and his allies to reverse his loss in the 2020 election and that agents are reaching into the former president’s direct orbit.This week, F.B.I. agents in Florida tried to approach William S. Russell, a 31-year-old aide to Mr. Trump who served as a special assistant and the deputy director of presidential advance operations in the White House. He continued to work for Mr. Trump as a personal aide after he left office, one of a small group of officials who did so.It was not immediately clear what the F.B.I. agents wanted from Mr. Russell; people familiar with the Justice Department’s inquiry said he has not yet been interviewed. But a person with knowledge of the F.B.I.’s interest said that it related to the grand jury investigation into events that led to the Capitol attack by Mr. Trump’s supporters.That investigation is said to have focused extensively on the attempts by some of Mr. Trump’s advisers and lawyers to create slates of fake electors from swing states. Mr. Trump and his allies wanted Vice President Mike Pence to block or delay certification of the Electoral College results during a joint session of Congress on Jan. 6 to allow consideration of Trump electors whose votes could have changed the outcome.Key Revelations From the Jan. 6 HearingsCard 1 of 9Key Revelations From the Jan. 6 HearingsMaking a case against Trump. More

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      How Michigan Resisted Far Right Extremism

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      ANN ARBOR, Mich. — A brutal plot to abduct the governor. An armed protest in the galleries of the State Capitol. A candidate for governor who stormed the halls of Congress — only to see his popularity rise.In Michigan, you can feel extremism creeping into civic life.Michigan is far from the only state in the grip of politicians who peddle disinformation and demonize their opponents. But it may also be the one best positioned to beat back the threat of political violence.Unlike, say, Arizona and Pennsylvania, two purple states where Republicans have also embraced a toxic brew of political violence and denialism, Michigan is home to voters who, to date, have avoided succumbing to the new conservative dogma, thanks in large part to its Democratic politicians, who have remained relentlessly focused on kitchen table issues. In that sense, Michigan may hold lessons for residents of other states looking to withstand the tide of authoritarianism and violence, restoring faith in the American institutions under siege from the right.Certainly, recent history is concerning. Although a jury last month convicted two men who plotted to kidnap Gov. Gretchen Whitmer over her Covid shutdown orders, that verdict came only after a jury in an earlier trial could not reach a unanimous verdict on the charges against them and acquitted two other co-defendants, despite chilling evidence that members of a militia group known as the Wolverine Watchmen had been building homemade bombs, photographing the underside of a bridge to determine how best to destroy it to slow a police pursuit and using night-vision goggles to surveil Ms. Whitmer’s vacation home.In that first trial, the defense argued that the F.B.I.’s informants had egged on the men, and it was persuasive enough to deadlock the jury. But I doubt the jurors would have been so receptive to that line of argument without Donald Trump persistently blasting government employees as “the deep state” and calling the conduct of the F.B.I. “a disgrace.”For the upcoming November elections, the G.O.P. nominees for attorney general and secretary of state are election deniers, and the candidate for governor has also cast doubt on the results of the 2020 vote for president. And not only are Republican candidates consumed with signaling an allegiance to Mr. Trump, but we are also seeing an alarming rise in political extremism in Michigan.In spring 2020, armed protesters demonstrated against Covid shutdown orders by occupying the galleries over the Senate chamber in the State Capitol while brandishing assault rifles. After the 2020 election, Secretary of State Jocelyn Benson faced a deluge of threats and harassment from election deniers, including an armed protest at her home, where a mob chanted “stop the steal” while she was inside with her 4-year-old son. Ryan Kelley, who sought the Republican nomination for governor, was charged with four misdemeanor offenses for his alleged role in the Jan. 6 attack on the U.S. Capitol. After his involvement in the attack became well known, his polling numbers actually went up.Still, there is reason for some cautious optimism. In the Republican primary, voters rejected Mr. Kelley. An independent citizens redistricting commission has been created by a voter initiative to end the gerrymandering that has led to a Republican-controlled State Legislature. Recent polling shows Ms. Whitmer, Ms. Benson and Attorney General Dana Nessel, who are all Democrats, with comfortable leads as the general election approaches, and their resilience in the face of threats has only strengthened their political stock. And the convictions in the Whitmer kidnapping case show that 12 random people can still be found who will set aside their biases and decide a case based on the law and the facts they hear in court. My hunch is that there are more fair-minded people out there who will go to the polls in November.Governor WhitmerPatrick Semansky/Associated PressPragmatic problem-solving still seems to appeal to Michigan voters. Many families’ fortunes are tied inextricably to the auto industry, the health of which can swing sharply with every economic trend. Ms. Whitmer has championed economic development legislation that has helped create 25,000 auto jobs during her administration. She recently made a pitch to leverage federal legislation to lure companies to manufacture semiconductors in Michigan.In a state sometimes referred to as the birthplace of the middle class, labor unions carry more influence with working-class voters than the MAGA movement. From the rebirth of Detroit to the expansion of tourism Up North, Michigan is also a place that has long welcomed newcomers. Whether they be laborers on the assembly lines of Henry Ford or engineers for autonomous vehicles, workers from all over the world have always been needed and accepted as part of the work force, making it more difficult to demonize outsiders as “other.” As a result, voters tend to be less susceptible to the politics of fear that are driving the culture wars. Indeed, Ms. Whitmer was elected with a slogan to “Fix the Damn Roads.”Maybe it is a Midwestern sensibility, but Michiganders seem more interested in candidates who will help advance their financial bottom lines than those who traffic in conspiracy theories. And, four years later, Ms. Whitmer has fixed a lot of the damn roads.By focusing on economic outcomes of working families, Democrats in Michigan have managed to clinch not only the top state offices, but also the state’s two U.S. Senate seats.And while every state is different, politicians in other states could learn from Michigan to ignore the bait Republicans use to demonize them and focus on the bottom line issues that matter to voters.Barbara McQuade (@BarbMcQuade) is a professor of law at the University of Michigan. She served as the U.S. attorney for Michigan’s Eastern District from 2010 to 2017.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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      Trump Investigations Face a Dilemma Before the Midterm Elections

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      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

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      Republicans Signal Worries About Trump and the Midterms

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      Few Republicans appeared on the major Sunday talk shows to defend the former president. Those who did indicated that they would rather be talking about almost anything else.WASHINGTON — Headed into 2022, Republicans were confident that a red wave would sweep them into control of Congress based on the conventional political wisdom that the midterm elections would produce a backlash against President Biden, who has struggled with low approval ratings.But now some are signaling concern that the referendum they anticipated on Mr. Biden — and the high inflation and gas prices that have bedeviled his administration — is being complicated by all-encompassing attention on the legal exposure of a different president: his predecessor, Donald J. Trump.Those worries were on display on Sunday morning as few Republicans appeared on the major Washington-focused news shows to defend Mr. Trump two days after a redacted version of the affidavit used to justify the F.B.I. search of his Mar-a-Lago estate revealed that he had retained highly classified material related to the use of “clandestine human sources” in intelligence gathering. And those who did appear indicated that they would rather be talking about almost anything else.Senator Roy Blunt, Republican of Missouri, acknowledged that Mr. Trump “should have turned the documents over” but quickly pivoted to the timing of the search.“What I wonder about is why this could go on for almost two years and, less than 100 days before the election, suddenly we’re talking about this rather than the economy or inflation or even the student loan program,” Mr. Blunt lamented on ABC’s “This Week.”Gov. Chris Sununu, Republican of New Hampshire, also pointed to a fear that Mr. Trump’s legal troubles could hurt his party’s midterm chances.“Former President Trump has been out of office for going on two years now,” he said on CNN’s “State of the Union.” “You think this is a coincidence just happening a few months before the midterm elections?”The Aug. 8 search of Mar-a-Lago, which followed repeated requests over more than a year and a half for Mr. Trump to turn over sensitive documents he took when he left office, initially prompted most Republicans to rally around the former president, strengthening his grip on the party. Some reacted with fury, attacking the nation’s top law enforcement agencies as they called to “defund” or “destroy” the F.B.I. Others invoked the Nazi secret police, using words like “Gestapo” and “tyrants.”Polls showed an increase in Republican support for Mr. Trump, and strategists quickly began incorporating the search into the party’s larger anti-big-government messaging. They combined denunciation of the F.B.I.’s actions with criticism of Democrats’ plans to increase the number of I.R.S. agents in hopes of rallying small-government conservatives to the polls.But as more revelations emerge about Mr. Trump’s handling of some of the government’s most sensitive documents, some of those voices have receded.Takeaways From the Affidavit Used in the Mar-a-Lago SearchCard 1 of 4Takeaways From the Affidavit Used in the Mar-a-Lago SearchThe release on Aug. 26 of a partly redacted affidavit used by the Justice Department to justify its search of former President Donald J. Trump’s Florida residence included information that provides greater insight into the ongoing investigation into how he handled documents he took with him from the White House. Here are the key takeaways:Takeaways From the Affidavit Used in the Mar-a-Lago SearchThe government tried to retrieve the documents for more than a year. More

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      There Is No Happy Ending to America’s Trump Problem

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      Debate about the search of Donald Trump’s Mar-a-Lago residence has settled into well-worn grooves. Mr. Trump and many Republicans have denounced the act as illegitimate. Attorney General Merrick Garland is staying mostly mum. And Democrats are struggling to contain their enthusiasm.Liberal excitement is understandable. Mr. Trump faces potential legal jeopardy from the Jan. 6 investigation in Congress and the Mar-a-Lago search. They anticipate fulfilling a dream going back to the earliest days of the Trump administration: to see him frog-marched to jail before the country and the world.But this is a fantasy. There is no scenario following from the present that culminates in a happy ending for anyone, even for Democrats.Down one path is the prosecution of the former president. This would be a Democratic administration putting the previous occupant of the White House, the ostensible head of the Republican Party and the current favorite to be the G.O.P. presidential nominee in 2024, on trial. That would set an incredibly dangerous precedent. Imagine, each time the presidency is handed from one party to the other, an investigation by the new administration’s Justice Department leads toward the investigation and possible indictment of its predecessor.Some will say that Mr. Trump nonetheless deserves it — and he does. If Mr. Garland does not press charges against him for Jan. 6 or the potential mishandling of classified government documents, Mr. Trump will have learned that becoming president has effectively immunized him from prosecution. That means the country would be facing a potential second term for Mr. Trump in which he is convinced that he can do whatever he wants with complete impunity.That seems to point to the need to push forward with a case, despite the risk of turning it into a regular occurrence. As many of Mr. Trump’s detractors argue, the rule of law demands it — and failing to fulfill that demand could end up being extremely dangerous.But we’ve been through a version of the turbulent Trump experience before. During the Trump years, the system passed its stress test. We have reason to think it would do so again, especially with reforms to the Electoral Count Act likely to pass during the lame duck session following the upcoming midterm elections, if not before. Having to combat an emboldened Mr. Trump or another bad actor would certainly be unnerving and risky. But the alternatives would be too.We caught a glimpse of those alternative risks as soon as the Mar-a-Lago raid was announced. Within hours, leading Republicans had issued inflammatory statements, and these statements would likely grow louder and more incendiary through any trial, both from Mr. Trump himself and from members of his party and its media rabble-rousers. (Though at a federal judge’s order a redacted version of the warrant affidavit may soon be released, so Mr. Trump and the rest of his party would have to contend with the government’s actual justification of the raid itself.)If the matter culminates in an indictment and trial of Mr. Trump, the Republican argument would be more of what we heard day in and day out through his administration. His defenders would claim that every person ostensibly committed to the dispassionate upholding of the rule of law is in fact motivated by rank partisanship and a drive to self-aggrandizement. This would be directed at the attorney general, the F.B.I., the Justice Department and other branches of the so-called deep state. The spectacle would be corrosive, in effect convincing most Republican voters that appeals to the rule of law are invariably a sham.But the nightmare wouldn’t stop there. What if Mr. Trump declares another run for the presidency just as he’s indicted and treats the trial as a circus illustrating the power of the Washington swamp and the need to put Republicans back in charge to drain it? It would be a risible claim, but potentially a politically effective one. And he might well continue this campaign even if convicted, possibly running for president from a jail cell. It would be Mr. Trump versus the System. He would be reviving an old American archetype: the folk-hero outlaw who takes on and seeks to take down the powerful in the name of the people.We wouldn’t even avoid potentially calamitous consequences if Mr. Trump somehow ended up barred from running or his party opted for another candidate to be its nominee in 2024 — say, Ron DeSantis, the governor of Florida. How long do you think it would take for a freshly inaugurated President DeSantis to pardon a convicted and jailed Donald Trump? Hours? Minutes? And that move would probably be combined with a promise to investigate and indict Joe Biden for the various “crimes” he allegedly committed in office.The instinct of Democrats is to angrily dismiss such concerns. But that doesn’t mean these consequences wouldn’t happen. Even if Mr. Garland’s motives and methods are models of judiciousness and restraint, the act of an attorney general of one party seeking to indict and convict a former and possibly future president of the other party is the ringing of a bell that cannot be unrung. It is guaranteed to be undertaken again, regardless of whether present and future accusations are justified.As we’ve seen over and over again since Mr. Trump won the presidency, our system of governance presumes a certain base level of public spiritedness — at the level of the presidency, in Congress and in the electorate at large. When that is lacking — when an aspersive figure is elected, when he maintains strong popular support within his party and when that party remains electorally viable — high-minded efforts to act as antibodies defending the body politic from the spread of infection can end up doing enduring harm to the patient. Think of all those times during the Trump presidency when well-meaning sources inside and outside the administration ended up undermining their own credibility by hyping threats and overpromising evidence of wrongdoing and criminality.That’s why it’s imperative we set aside the Plan A of prosecuting Mr. Trump. In its place, we should embrace a Plan B that defers the dream of a post-presidential perp walk in favor of allowing the political process to run its course. If Mr. Trump is the G.O.P. nominee again in 2024, Democrats will have no choice but to defeat him yet again, hopefully by an even larger margin than they did last time.Mr. Trump himself and his most devoted supporters will be no more likely to accept that outcome than they were after the 2020 election. The bigger the margin of his loss, the harder it will be for Mr. Trump to avoid looking like a loser, which is the outcome he dreads more than anything — and one that would be most likely to loosen his grip on his party.There is an obvious risk: If Mr. Trump runs again, he might win. But that’s a risk we can’t avoid — which is why we may well have found ourselves in a situation with no unambivalently good options.Damon Linker, a former columnist at The Week, writes the newsletter “Eyes on the Right” and is a senior fellow in the Open Society Project at the Niskanen Center.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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      With Trump, Merrick Garland Can’t Afford to Miss

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      The two weeks since the F.B.I. descended on Mar-a-Lago have felt remarkably familiar. It’s not just that Donald Trump is dominating headlines once again; it’s that all the hits of 2017 and 2018 are being played again: legal experts cobbling together complex theories out of fragmentary information, exciting Twitter speculation about espionage and treason, a “this time we’ve got him” spirit unseen since the days of Bob Mueller devotional candles.The familiarity is useful; it means that we can look back and consider why they didn’t “get him” then, why Russiagate ended in a relative fizzle and sealed Republicans into a permanent suspicion of any investigation into Trumpian malfeasance.The Russia investigation was predicated — in the public eye and, at least in part, in its legal origins — on dire and dramatic scenarios: that Donald Trump had been cultivated as an agent of influence by Moscow, that there was a secret alliance between Trump’s inner circle and Russian intelligence, that the Trump campaign and the Russians had effectively collaborated in the hacking and dissemination of the Democratic National Committee’s emails. (And lordy, that maybe there was a pee tape.)None of these scenarios were proved by the investigation. As many Trump critics hastened to argue, the Mueller report did not exonerate the president or his campaign from wrongdoing. But the guilt established or suggested involved many things done in the clear light of day in an election that Trump won (encouraging Russian hackers and touting the information released), things attempted but never brought to fruition (some hapless, “Burn After Reading”-level attempts to connect with Russian dirt peddlers) and possible obstructions of justice in the course of the Mueller inquiry.Meanwhile, it also became clear that the investigation itself was guilty of process abuses, particularly in the way that the F.B.I. went about obtaining FISA warrants. And there was an obvious feedback loop between this investigative overreach and the overheated media coverage — the fact that law enforcement was unwisely using the infamous Steele dossier as a predicate encouraged journalists to amplify the dossier’s extreme scenarios, because after all, if the F.B.I. took them seriously, they must be very serious indeed.The endpoint of the investigation, then, reminded everyone that Trump is a self-interested intriguer surrounded by low-minded hacks. But it also made both the feds and the press look as if they had overreached in search of a Watergate ending. And for the partisan mind, the second part loomed inevitably larger, confirming Trump’s supporters in their belief that whatever sins their man might commit, the deep state was always out to get him.Now here we are again, and like the decisions of Mueller and James Comey before him, Merrick Garland’s choices turn on facts that the public can see only through a glass darkly. But I sincerely hope that the attorney general had the Russiagate experience in mind when he signed off on the search of Mar-a-Lago and that he considers how Mueller’s investigation finished as he considers his next move.The lesson to be drawn is emphatically not that Trump needs to be given permanent immunity because of a “don’t arrest ex-presidents” rule or out of fears that his supporters will take to the streets or launch lone-wolf attacks on the F.B.I.The lesson, rather, is that if the agents of the state come after Trump, and especially now when they come as representatives of an administration that might face him in the next election, they can’t afford to miss.Not only in the jury box but also in the court of public opinion, it needs to be clear, crystal clear, what separates any crimes he might be charged with from — for example — the perjury and obstruction of justice that didn’t send Bill Clinton to prison or the breach of intelligence protocols that Hillary Clinton wasn’t charged with. You don’t just need a plausible legal case that tests interesting questions about presidential declassification powers; you need an easy-to-explain slam-dunk.So if you have Trump taking design documents for nuclear weapons and shopping them to his pals in Saudi Arabia, congratulations — you got him; lock him up. If you have him taking boxes of notes from foreign leaders because he’s a childish egomaniac who thinks that he’s earned his White House souvenirs, well, then take the documents back, declare victory for the public interest and stop there. And if he took documents about the Russia investigation itself, of the sort that he wanted declassified during his presidency, well, tread carefully, lest you trap us all in an awful time loop where it’s forever 2017.It seems like a reasonable presumption that the documents in question are more serious than just some notes to Kim Jong-un but that the potential incrimination falls short of Trump literally selling secrets. But that’s a presumption, not a prediction. I’ve learned to be unsurprised by Trump’s folly and venality but also by his capacity to induce self-defeating blunders among people and institutions I would have considered relatively sensible before his ascent.So no predictions, just the warning: Don’t miss.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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      Rudy Giuliani to Face Atlanta Grand Jury Investigating Trump Today

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      The former New York mayor has been told that he is a target in the investigation concerning whether Donald J. Trump and his associates tried to illegally influence the 2020 presidential election results in Georgia.ATLANTA — When Rudolph W. Giuliani traveled to Georgia’s capital city in December 2020 to make fanciful public accusations of election fraud on behalf of President Donald J. Trump, he was greeted in a manner befitting the emissary of the most powerful man on earth, and posed for photos with admirers and sympathetic state politicians.On Wednesday morning, Mr. Giuliani was back in Atlanta, this time under very different circumstances.The former New York City mayor, who was serving as Mr. Trump’s personal lawyer after the November 2020 election, showed up shortly before 8:30 a.m. to appear before a Fulton County special grand jury conducting a criminal investigation into postelection meddling by Mr. Trump and his associates. Local prosecutors informed Mr. Giuliani’s lawyers this week that he was a “target” in that investigation, meaning that his indictment was possible.Instead of visiting the elegant gold-domed State Capitol — where he and a pro-Trump group made a number of false claims about election fraud, raising concerns about untrustworthy voting machines and suitcases of illegal ballots — Mr. Giuliani appeared a few blocks away at the Fulton County court complex, where Atlantans go to resolve real estate disputes, file for divorce or be arraigned for armed robberies.Mr. Giuliani arrived in a black Yukon Denali with his lawyer, Robert Costello, and Vernon Jones, a prominent Trump supporter in Georgia and a vociferous promoter of the unfounded idea that Mr. Trump won the state in 2020.Asked what he expected to talk about, Mr. Giuliani told a large crush of reporters outside the courthouse, “They’ll ask the questions, and we’ll see.”Fulton County District Attorney Fani T. Willis has asked the F.B.I. to provide stepped-up security at the downtown courthouse, after Mr. Trump called prosecutors like her “vicious, horrible people.”Mr. Giuliani’s lawyers fought to keep him from having to travel to Atlanta. Instead, they offered to have him appear via videoconference, and argued that he was too feeble to travel by air after having a pair of cardiac stents inserted in early July. But Judge Robert C.I. McBurney ruled last week that Mr. Giuliani could always travel “on a train, on a bus or Uber.” On Monday, a lawyer for Mr. Giuliani declined to say how his client planned to get to Atlanta from New York.Mr. Giuliani is not the only high-profile member of Mr. Trump’s team who is less than thrilled about having to show up in Georgia to be asked about what prosecutors call “a multistate, coordinated plan by the Trump campaign to influence the results of the November 2020 election in Georgia and elsewhere.”Senator Lindsey Graham of South Carolina was ordered by a federal judge on Monday to appear before the special grand jury.Haiyun Jiang/The New York TimesSenator Lindsey Graham was ordered by a federal judge on Monday to appear before the special grand jury, after Mr. Graham tried to find a way out of it. Mr. Graham, a South Carolina Republican, said he would take the case to the U.S. Court of Appeals for the 11th Circuit, arguing that under the Speech and Debate clause of the Constitution, his status as a senator shielded him from having to testify.“This weaponization of the law needs to stop,” Mr. Graham said in a statement. “So I will use the courts. We will go as far as we need to go, and do whatever needs to be done, to make sure that people like me can do their jobs without fear of some county prosecutor coming after you.”Two other lawyers on the Trump team, Jenna Ellis of Colorado and John Eastman of New Mexico, were scheduled to have hearings in their home states after Ms. Willis’s office filed “petitions for certification of need for testimony” concerning them. Such petitions are typically filed only when a potential witness refuses to testify or cannot be reached by prosecutors.In Ms. Ellis’s hearing on Tuesday, a court in Colorado ordered her to appear and testify before the special grand jury in Atlanta on Aug. 25. Mr. Eastman is expected to appear at a court hearing in Santa Fe on Aug. 26.It seems unlikely that Mr. Giuliani, 78, will say much to the grand jury when he is called to testify behind closed doors. “I just can’t imagine, at this point, him cooperating,” said Michael J. Moore, an Atlanta lawyer who served as a U.S. attorney in Georgia. “He’s got several avenues that he can take. One is to claim that he can’t answer questions because of attorney-client privilege. Another is because he’s been identified as a target, and he’s going to invoke the Fifth Amendment.”Still, the visit may be of use to the prosecutors leading the Georgia investigation, which Ms. Willis has said may result in racketeering or conspiracy charges against several defendants.Though it is not clear what charges Mr. Giuliani might face, witnesses who have already gone before the grand jury have said that the jurors were particularly interested in two appearances by Mr. Giuliani in December 2020 before state legislative panels, where he made a number of false assertions about election fraud.Unlike a trial jury, which would be instructed not to make any inferences about a criminal defendant’s silence, a grand jury is allowed to draw its own conclusions when witnesses or targets invoke their Fifth Amendment rights in declining to answer questions. (The special grand jury in Georgia cannot indict anyone; its job is to write a report saying whether the jurors believe crimes occurred. A regular grand jury could then issue indictments based on the special jury’s report.)Page Pate, a veteran Atlanta trial lawyer, said that prosecutors may also try to argue to a judge that attorney-client privilege does not apply to some questions asked of Mr. Giuliani, because of the “crime fraud exception” to the privilege, which essentially states that lawyers cannot be shielded from testifying if they helped their clients commit a crime.Even if Mr. Giuliani is successful in dodging questions much of the time, Mr. Pate said, important information about the scope of the scheme to reverse Mr. Trump’s election loss might still be divulged in the course of questioning.“Why not just grill him and see what happens?” Mr. Pate said.Outside the grand jury room, Mr. Giuliani has been talkative. In an interview on Monday with Newsmax, a far-right news channel, he said the Fulton County inquiry amounted to a “desecration of the Sixth Amendment,” which guarantees the right to a public trial and a lawyer, among other things.“I was his lawyer of record in that case,” Mr. Giuliani said, referring to Mr. Trump and his concerns about the election results. “The statements that I made are either attorney-client privileged, because they were between me and him, or they were being made on his behalf in order to defend him.”In total, 18 people are known to have been identified as targets of the investigation, including 16 pro-Trump “alternate electors” in Georgia who were sworn in on the same day as the state’s legitimate presidential electors. On Tuesday afternoon, 11 of the alternate electors began an effort to potentially disqualify Ms. Willis and her office from handling the case — an attempt connected to Ms. Willis’s previous disqualification from one portion of the investigation.In July, Judge McBurney prohibited Ms. Willis and her office from developing a criminal case against Georgia State Senator Burt Jones, a Trump ally and alternate elector, citing a conflict of interest — namely, that Ms. Willis, a Democrat, had headlined a fund-raiser for a fellow Democrat running against Mr. Jones in the race for lieutenant governor.Judge McBurney ruled that the decision to bring charges against Mr. Jones must be left to a different prosecutor’s office.On Tuesday, a lawyer for 11 of the alternate electors asked the court to disqualify Ms. Willis and her office from the entire proceeding, or at least to let the 11 electors be part of the “carve out” affecting Mr. Jones, on the grounds that all of the electors “have significant roles” in the state Republican Party, and that most of them had supported Mr. Jones’s campaign for lieutenant governor. 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      Will the F.B.I.’s Mar-a-Lago Raid Help Re-Elect Trump?

      by

      Why is Donald Trump so powerful? How did he come to dominate one of the two major parties and get himself elected president? Is it his hair? His waistline? No, it’s his narratives. Trump tells powerful stories that ring true to tens of millions of Americans.The main one is that America is being ruined by corrupt coastal elites. According to this narrative, there is an interlocking network of highly educated Americans who make up what the Trumpians have come to call the Regime: Washington power players, liberal media, big foundations, elite universities, woke corporations. These people are corrupt, condescending and immoral and are looking out only for themselves. They are out to get Trump because Trump is the person who stands up to them. They are not only out to get Trump; they are out to get you.This narrative has a core of truth to it. Highly educated metropolitan elites have become something of a self-enclosed Brahmin class. But the Trumpian propaganda turns what is an unfortunate social chasm into venomous conspiracy theory. It simply assumes, against a lot of evidence, that the leading institutions of society are inherently corrupt, malevolent and partisan and are acting in bad faith.It simply assumes that the proof of people’s virtue is that they’re getting attacked by the Regime. Trump’s political career has been kept afloat by elite scorn. The more elites scorn him, the more Republicans love him. The key criterion for leadership in the Republican Party today is having the right enemies.Into this situation walks the F.B.I. There’s a lot we don’t know about the search at Mar-a-Lago. But we do know how the Republican Party reacted. The right side of my Twitter feed was ecstatic. See! We really are persecuted! Essays began to appear with titles like “The Regime Wants Its Revenge.” Ron DeSantis tweeted, “The raid of MAL is another escalation in the weaponization of federal agencies against the Regime’s political opponents.” As usual, the tone was apocalyptic. “This is the worst attack on this Republic in modern history,” the Fox News host Mark Levin exclaimed.The investigation into Trump was seen purely as a heinous Regime plot. At least for now, the search has shaken the Republican political landscape. Several weeks ago, about half of Republican voters were ready to move on from Trump, according to a New York Times/Siena College poll. This week the entire party seemed to rally behind him. Republican strategists advising Trump’s potential primary opponents had reason to be despondent. “Completely handed him a lifeline,” one such strategist told Politico. “Unbelievable … It put everybody in the wagon for Trump again. It’s just taken the wind out of everybody’s sails.”According to a Trafalgar Group/Convention of States Action survey, 83 percent of likely Republican voters said the F.B.I. search made them more motivated to vote in the 2022 elections. Over 75 percent of likely Republican voters believed Trump’s political enemies were behind the search rather than the impartial justice system, as did 48 percent of likely general election voters overall.In a normal society, when politicians get investigated or charged, it hurts them politically. But that no longer applies to the G.O.P. The judicial system may be colliding with the political system in an unprecedented way.What happens if a prosecutor charges Trump and he is convicted just as he is cruising to the G.O.P. nomination or maybe even the presidency? What happens if the legal system, using its criteria, decides Trump should go to prison at the very moment that the electoral system, using its criteria, decides he should go to the White House?I presume in those circumstances Trump would be arrested and imprisoned. I also presume we would see widespread political violence from incensed Trump voters who would conclude that the Regime has stolen the country. In my view, this is the most likely path to a complete democratic breakdown.In theory, justice is blind, and obviously no person can be above the law. But as Damon Linker wrote in a Substack post, “This is a polity, not a graduate seminar in Kantian ethics.” We live in a specific real-world situation, and we all have to take responsibility for the real-world effects of our actions.America absolutely needs to punish those who commit crimes. On the other hand, America absolutely needs to make sure that Trump does not get another term as president. What do we do if the former makes the latter more likely? I have no clue how to get out of this potential conflict between our legal and political realities.We’re living in a crisis of legitimacy, during which distrust of established power is so virulent that actions by elite actors tend to backfire, no matter how well founded they are.My impression is that the F.B.I. had legitimate reasons to do what it did. My guess is it will find some damning documents that will do nothing to weaken Trump’s support. I’m also convinced that, at least for now, it has unintentionally improved Trump’s re-election chances. It has unintentionally made life harder for Trump’s potential primary challengers and motivated his base.It feels as though we’re walking toward some sort of storm and there’s no honorable way to alter our course.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