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    Trial Opens for Men Accused of Aiding Plot to Kidnap Michigan’s Governor

    Three men accused of helping to surveil Gov. Gretchen Whitmer’s vacation home could face more than 20 years in prison if convicted.Nearly three years ago, amid the tumult of Covid-19 and a presidential campaign, federal and state prosecutors outlined a sprawling right-wing terror plot to kidnap and possibly kill Michigan’s Democratic governor, Gretchen Whitmer, at her vacation home.Since then, in courtrooms across Michigan, that investigation has led to guilty pleas, convictions at trial and two acquittals, as well as introspection about what the plot says about the country’s political discourse.This week, as another presidential election approaches, what is likely the final chapter in that case is unfolding in the same rural county as the governor’s vacation home. Three men — Michael Null and William Null, who are twin brothers, and Eric Molitor — are on trial on a charge of providing material support for a terrorist act. Prosecutors said the plot had been fueled by anti-government sentiment, militia activity and anger over pandemic lockdowns.“For the average person, it’s almost impossible to fathom how brazen and how bold and how dangerous these individuals were,” William Rollstin, a prosecutor, told jurors in state court on Wednesday. “These defendants decided to use force and violence to solve their problems.”Prosecutors have accused the Null brothers and Mr. Molitor of traveling to Antrim County, about 250 miles northwest of Detroit, to scout out the governor’s vacation home and help prepare for an attack. If convicted, they could each face more than 20 years in prison. Unlike the men convicted in federal court, they are not charged with planning to participate in the kidnapping itself.Opening arguments on Wednesday echoed many of the themes aired in two prior federal trials in Grand Rapids, as well as another in state court in Jackson, Mich.Defense lawyers tried to downplay their clients’ actions. They suggested the men were minor players who did not know much about the plans to harm Ms. Whitmer, were egged on by F.B.I. informants and were caught up in overheated pandemic-era politics.“We have police protests — I mean, cities are burning,” Kristyna Nunzio, a lawyer for William Null, said in court, describing national events in 2020. “People are scared during this time period. And it’s fair to keep that in your mind when you review all of the evidence.”But prosecutors said the defendants were aiding the leaders of the plot, Barry Croft and Adam Fox. Federal jurors found that Mr. Croft and Mr. Fox had planned to kidnap Ms. Whitmer and blow up a bridge leading to her home in order to disrupt the police response. Mr. Croft is serving a nearly 20-year prison sentence, and Mr. Fox is serving a 16-year sentence.This trial is playing out in politically conservative Antrim County, where Donald J. Trump received more than 60 percent of the vote in 2020 even as Joseph R. Biden Jr. clinched Michigan. When Ms. Whitmer won re-election in convincing fashion last year, her opponent carried Antrim County by a 14-point margin.In opening arguments, Mr. Rollstin emphasized that the underlying terror plot sought not just to harm Ms. Whitmer but also to attack members of her security detail and other law enforcement officers who might respond to the scene.“It’s much more than just the governor, ladies and gentlemen,” Mr. Rollstin said. William Barnett, a lawyer for Mr. Molitor, noted for the jury that Ms. Whitmer had blamed Mr. Trump’s rhetoric for the plot.“It’s all politics, folks,” Mr. Barnett said. “There’s something going on here. I don’t know what’s going on. But it looks like weaponization of the government.” More

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    Giuliani Repeatedly Sought Help With Legal Bills From Trump

    As Rudolph Giuliani has neared a financial breaking point with a pile of legal bills, the former president has largely demurred, despite making a vague promise to pay up.Rudolph W. Giuliani is running out of money and looking to collect from a longtime client who has yet to pay: former President Donald J. Trump.To recover the millions of dollars he believes he is owed for his efforts to keep Mr. Trump in power, Mr. Giuliani first deferred to his lawyer, who pressed anyone in Mr. Trump’s circle who would listen.When that fizzled out, Mr. Giuliani and his lawyer made personal appeals to the former president over a two-hour dinner in April at his Mar-a-Lago estate and in a private meeting at his golf club in West Palm Beach.When those entreaties largely failed as well, Mr. Giuliani’s son, Andrew, who has an independent relationship with the former president, visited Mr. Trump at his club in New Jersey this month, with what people briefed on the meeting said was the hope of getting his father’s huge legal bills covered.That appeared to help. Mr. Giuliani’s son asked that Mr. Trump attend two fund-raisers for the legal bills, and the former president agreed to do so, the people said.Still, for the better part of a year, as Mr. Giuliani has racked up the bills battling an array of criminal investigations, private lawsuits and legal disciplinary proceedings stemming from his bid to keep Mr. Trump in office after the 2020 election, his team has repeatedly sought a lifeline from the former president, according to several people close to him. And even as the bills have pushed Mr. Giuliani close to a financial breaking point, the former president has largely demurred, the people said, despite making a vague promise during their dinner at Mar-a-Lago to pay up.Mr. Giuliani, 79, who was criminally charged alongside Mr. Trump this week in the election conspiracy case in Georgia, is currently sitting on what one person familiar with his financial situation says is nearly $3 million in legal expenses. And that is before accounting for any money that Mr. Giuliani, the former mayor of New York City, might be owed for his work conducted after Election Day on Mr. Trump’s behalf.Mr. Trump’s political action committee, which has doled out roughly $21 million on legal fees primarily for Mr. Trump but also for a number of people connected to investigations into him, has so far covered only $340,000 for Mr. Giuliani, a payment made in late May.A spokesman for Mr. Trump did not respond to a request for comment, nor did a spokesman for Mr. Giuliani.Mr. Giuliani, whose law license has been suspended because of his work to overturn the election, has few sources of income left, according to people close to him.He earns roughly $400,000 a year from his WABC radio show, according to a person familiar with the matter. He also gets some income from a podcast he hosts, and, according to another person familiar, a livestream broadcast. The three cash streams are nowhere near enough to cover his debts, people close to him say. A legal-defense fund set up by friends to raise $5 million for him in 2021 took down its website after raising less than $10,000.Those who remain close to Mr. Giuliani have expressed bafflement that Mr. Trump has given him little financial help after his work on behalf of the former president.Doug Mills/The New York TimesIn the past, Mr. Trump has entered dangerous territory by not paying an associate’s legal bills when the case is connected to him, most notably with his former lawyer and fixer, Michael D. Cohen, who has become a chief antagonist and star witness against him. But people close to both Mr. Trump and Mr. Giuliani take it as an article of faith that the former mayor would never cooperate with investigators in any meaningful way against the former president. (Mr. Giuliani has said both he and his former client did nothing wrong.)Among those who remain close to Mr. Giuliani, there is bafflement, concern and frustration that the former mayor, who encouraged Mr. Trump to declare victory on election night before all the votes were counted, has received little financial help.Bernard B. Kerik, the former New York City police commissioner under Mr. Giuliani, who worked with the former mayor trying to identify evidence of fraud and who remains a supporter of Mr. Trump, puts the fault on people around the former president. Mr. Kerik was pardoned by Mr. Trump after pleading guilty to tax fraud and having lied to White House officials when President George W. Bush nominated him to be secretary of the Homeland Security Department.“I know the president is surrounded by a number of people that despised Giuliani even before the election, more so after the election, for his loyalty to the president and for their relationship,” Mr. Kerik said. “It’s always been a point of contention for a number of people who I personally think didn’t serve the president well in the first place.”Mr. Kerik added, “Where is everybody? Where’s the campaign?”But, even as Mr. Kerik and others have blamed Mr. Trump’s inner circle for the lack of payments, the decision, as several people familiar with the matter noted, was always the former president’s.Mr. Trump has never explicitly told Mr. Giuliani why he is effectively stiffing him, but the former president has pointed out that he lost the cases related to the election. That has been consistent with what Mr. Trump told aides shortly after Election Day, when an associate of Mr. Giuliani’s, Maria Ryan, asked the campaign in an email for $20,000 a day to pay for the former mayor’s work.People close to the former mayor argue he was not working strictly on lawsuits, but also on research and efforts to keep state legislatures from certifying results Mr. Giuliani insisted were false. But Mr. Trump told aides he didn’t want Mr. Giuliani to receive “a dime” unless he succeeded. Some of Mr. Giuliani’s expenses were eventually paid, but only after Mr. Trump personally approved the money.Andrew Giuliani appealed to Mr. Trump on behalf of his father.Johnny Milano for The New York TimesThe effort to collect legal fees from Mr. Trump began in earnest more than two years ago. Mr. Giuliani’s main lawyer, Robert J. Costello, started calling people in Mr. Trump’s orbit, making the case that the former president was on the hook for legal fees Mr. Giuliani incurred because of his work for Mr. Trump. Mr. Costello has contacted at least six lawyers close to Mr. Trump, according to people with knowledge of the discussions, and most appeared sympathetic to Mr. Giuliani’s situation.This spring, Mr. Giuliani reached out to Mr. Trump directly and asked to meet, the people said. Mr. Trump agreed, and in late April, they met at Mr. Trump’s golf club in West Palm Beach.The meeting was pleasant, and lasted more than an hour, a person familiar with the meeting said. But Mr. Trump, who was accompanied by one of his Florida attorneys, was noncommittal.Yet he agreed to meet them again, two days later, at his private club, Mar-a-Lago, a meeting previously reported by CNN. Over a nearly two-hour dinner, Mr. Costello pressed Mr. Trump to cover not only Mr. Giuliani’s legal bills, but also to pay him for the work Mr. Giuliani provided Mr. Trump in the wake of the 2020 election.Mr. Trump resisted, noting that Mr. Giuliani did not win any of those cases. Mr. Costello, who did most of the talking for Mr. Giuliani, said that the money was not coming out of Mr. Trump’s own pocket, but rather the coffers of his PAC. By the end of the dinner, Mr. Trump agreed that Mr. Giuliani would be paid, one person said. But in the weeks that followed, neither he nor the PAC delivered. And Mr. Giuliani was growing more and more desperate.A federal judge was exasperated with Mr. Giuliani for failing to search for records as part of a defamation lawsuit that two Georgia election workers filed against him because he falsely accused them of stealing ballots. Mr. Giuliani said that he could not afford to pay for a vendor to do so.Mr. Costello pleaded with Mr. Trump’s aides to pay off Mr. Giuliani’s balance with the vendor, and the PAC made a $340,000 payment to that firm.Since then, however, the PAC has not covered any other bills for Mr. Giuliani.It has been a remarkable reversal of fortune for Mr. Giuliani, who was once worth tens of millions of dollars made partly on contracts he signed after leaving City Hall in New York, having become known as “America’s mayor” for his performance in the aftermath of the Sept. 11, 2001, attacks.A divorce from his third wife, Judith Nathan, cost him much of his wealth around the time he left his law firm to represent Mr. Trump, then the president, in the investigation brought by the special counsel Robert S. Mueller III over whether the Trump campaign conspired with Russian officials in the 2016 election.From there, Mr. Giuliani engaged in campaign efforts to find damaging information about Joseph R. Biden Jr. in Ukraine, where Mr. Biden’s son had business dealings, efforts that helped lead to Mr. Trump’s first impeachment.As part of an investigation into Mr. Giuliani’s work in Ukraine, the F.B.I. searched his apartment on Manhattan’s Upper East Side in May 2021. That apartment is now on sale for $6.5 million. More

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    Fast Living and Foreign Dealings: An F.B.I. Spy Hunter’s Rise and Fall

    Charles McGonigal had a family, a house in the suburbs and an influential job as a counterintelligence leader in New York. Federal prosecutors suggest it wasn’t enough for him.By the time he reached middle age, Charlie McGonigal was living a comfortable suburban life.He had married and raised two children in a tidy Maryland neighborhood near the Capital Beltway. He coached his co-workers on an office softball team and went to church on Sundays. In his den, he hung posters celebrating sports teams from his native Ohio; in his home office, a sign above a doorway announced in flowing script his devotion to his job.“I want to thank the Good Lord,” it read, “for making me a F.B.I. Agent.”But Charles Franklin McGonigal was no ordinary agent. As the chief of counterintelligence for the Federal Bureau of Investigation in New York, he was tasked with rooting out foreign efforts to steal vital national security and economic secrets in one of the world’s most fertile cities for spying.Apart from his outward image as a wholesome and responsible G-man, however, there was another, less visible side to Mr. McGonigal, federal prosecutors and his former colleagues say. He held off-the-books meetings with foreign politicians and businessmen and accepted illicit payments while doing favors for associates, according to federal indictments filed against him in two states earlier this year.Mr. McGonigal’s arrest, in part based on accusations that he had worked for a Russian oligarch, came at a time when U.S.-Russia relations had reached their lowest point since the Cold War, leading to questions about whether one of the country’s most trusted spy hunters had become a spy himself. But a close look at Mr. McGonigal’s life and career reveals an arc that appears to have little or nothing to do with espionage and international intrigue. Instead, it seems to be a quintessentially American story about greed.Smooth and politic while navigating an upward trajectory through the F.B.I.’s bureaucracy, he was a different man with subordinates, flashing his temper at the smallest provocation, former associates say. An expert in Russian counterintelligence, he spoke publicly of international security threats. At the same time, prosecutors say, he was privately courting the oligarch, Oleg V. Deripaska, who figured prominently in the investigation by the special counsel, Robert S. Mueller III, into Russian meddling in the 2016 U.S. presidential election.Now, Mr. McGonigal, 55, appears set to become one of the highest-ranking F.B.I. agents ever to be convicted of a crime. He is scheduled to appear in federal court in New York on Tuesday for a possible guilty plea in the case involving Mr. Deripaska, and is in talks to resolve an indictment brought by federal prosecutors in Washington. Until any deal is finalized, it could still fall apart, and Mr. McGonigal, who has so far pleaded not guilty, could go to trial.The case has raised unsettling questions about the F.B.I.’s ability to detect corruption within its ranks. Prosecutors suggested that Mr. McGonigal traveled extensively while at the bureau, meeting with foreign officials and businesspeople who, on the surface, had nothing to do with his job. Agents are required to report such contacts and certain financial transactions and to take lie-detector tests, but the bureau relies heavily on the integrity of the people it has placed in positions of trust.Over more than three years, the investigation has so far produced no evidence that Mr. McGonigal provided national security secrets to the Russians or to anyone else, according to American officials who requested anonymity to discuss ongoing cases. Although the officials said Mr. McGonigal appears to have been engaged in simple graft, his actions stunned many in the F.B.I., where a core tenet is drilled into every agent: “Never embarrass the bureau.”The F.B.I.’s director, Christopher A. Wray, said the charges demonstrated “the F.B.I.’s willingness as an organization to shine a bright light on conduct that is totally unacceptable, including when it happens from one of our own people, and to hold those people accountable.”Peter J. Lapp, a former F.B.I. agent who once worked for Mr. McGonigal, said that the openness with which he seems to have crossed legal lines — “doing it right in front of everyone” — took audacity. But the charges did not explain what he called “the great mystery.”“Why did he need so much money?”While investigators have described brazen attempts to profit from his F.B.I. career, the actual crimes Mr. McGonigal is charged with are technical. Between the two indictments, he is accused of concealing details of his finances and activities overseas, violating U.S. sanctions and laundering money. Some charges carry potential prison sentences of up to 20 years, but a judge could impose far less.Mr. McGonigal was accused of working for Oleg Deripaska, second from left, shown here with Russian President Vladimir V. Putin in a photo from the Russian presidential press service.Mikhail Klimentyev, Presidential Press Service/RIA-Novosti, via Associated PressSeth D. DuCharme, Mr. McGonigal’s lawyer, said at a recent hearing in New York that the indictment was more dramatic than the case actually seemed to be.“Every time I hear the government describe this as a small white-collar case, I feel a little more comforted,” he said.And the Washington prosecution, Mr. DuCharme has said, is basically “about some omissions on government forms.”What most shocked former colleagues was Mr. McGonigal’s boldness. He had behaved in ways that he most likely knew would get him caught. In 2020, two years after his retirement, he spoke on a panel about the corruption of the Federal Security Service, or F.S.B., Russia’s counterpart to the F.B.I., including its agents’ participation in money laundering and acting as “private contractors” for businessmen and criminals.“It has really become an organization that is rogue, in my opinion, and is at the behest of those who can pay for the services they offer,” he said.By then, prosecutors said, Mr. McGonigal had already accepted cash from a former Albanian intelligence officer — and had begun working with Mr. Deripaska.An unpolished edgeIn the Cleveland suburbs where he grew up, one of four siblings in a family of modest means, Mr. McGonigal went by “Chuck,” studied martial arts and liked to drive fast cars and party on weekends, according to his high school yearbook.After graduating from Kent State University, and working briefly for the National Bank of Canada in New York City, Mr. McGonigal joined the F.B.I. Assigned to investigations into the crash of TWA Flight 800 off Long Island and the Sept. 11 attacks, he gradually climbed the ranks, eventually supervising a counterespionage squad at the agency’s Washington field office. He was aided by a gift for “briefing up” — impressing superiors with analysis and presentations.“He was a very hard-working, intelligent, nice guy — always, ‘Yes, sir. No, sir,’” said another colleague, Clayt Lemme, who worked as special agent in charge of counterintelligence, two levels above Mr. McGonigal, at the F.B.I.’s Washington field office.He revealed a less polished side, though, when underlings displeased him, erupting in tirades while spraying spit. Mr. Lapp, his former employee, said it became a running joke: Offending agents got a second shower — “the McGonigal hot wash” — when he yelled at them.Mr. McGonigal and his wife, Pamela, who had been a year behind him at Kent State, bought a red brick rambler in hilly North Chevy Chase, Md., where they raised their son and daughter. He joined Shrine of the Most Blessed Sacrament, a nearby Catholic church. He registered to vote as a Republican and coached the Washington field office’s softball squad. His den became a man cave, its walls covered in posters paying homage to the Ohio State Buckeyes, the Cleveland Browns and other teams.Before Mr. McGonigal retired from the F.B.I., he and his wife had raised two children in a quiet suburb of Washington.Jefferson Siegel for The New York TimesThough Mr. McGonigal took pride in his home state, he also played down his humble roots, leaving Kent State off his official bio and accentuating the graduate degree he later earned at Johns Hopkins University.All the while, he had access to some of the F.B.I.’s most sensitive and important information, even helping to lead the investigation in 2012 into the compromise of C.I.A. informants in China.By early 2016, Mr. McGonigal was running the bureau’s Cyber-Counterintelligence Coordination Section in Washington, where agents analyzed Russian and Chinese hacking and other foreign intelligence activities.In that senior position, Mr. McGonigal became aware of the initial criminal referral that led to the investigation known as Crossfire Hurricane — an inquiry into whether Donald J. Trump’s presidential campaign and associates were coordinating with Russia.That October, then-director James B. Comey appointed Mr. McGonigal special agent in charge of counterintelligence in New York, overseeing hundreds of agents and support staff. It was a return to where Mr. McGonigal had gotten his start, but in a vastly more important role.The job would be the culmination of Mr. McGonigal’s law enforcement career.“If you want to learn and work counterintelligence, New York City is the pre-eminent field office,” Mr. McGonigal told a gathering at the Foreign Policy Association seven months after his appointment, adding that audience members who traveled overseas should expect to be under surveillance by foreign intelligence agencies.Despite urging caution, it seems that Mr. McGonigal had already thrown it aside in his own life.He had left his family in Maryland, and, soon after moving to New York, begun an affair with a woman who socialized in law-enforcement circles.Mr. McGonigal met the woman, Allison Guerriero, 49, of Florham Park, N.J., through her work volunteering at a nonprofit organization called the Federal Enforcement Homeland Security Foundation, which says it raises money for the families of federal agents injured or killed in the line of duty — in part by hosting galas and golf outings with celebrities such as the “Law & Order” creator Dick Wolf and the actor Stephen Baldwin.Ms. Guerriero, who has been publicly critical of Mr. McGonigal since his arrest, has said he led her to believe his marriage was dead, only to end their affair after he retired from the F.BI. in 2018. In the aftermath, Pamela McGonigal, citing harassment, obtained a restraining order against Ms. Guerriero, who has acknowledged overstepping during periods of alcohol abuse.Ms. Guerriero has said that, in her anger, she drunkenly sent an email to the head of the F.B.I.’s New York office suggesting he investigate Mr. McGonigal, which has led some to suspect that his marital indiscretion was what ultimately led to the federal inquiry that resulted in his arrest.During their 18-month relationship, Ms. Guerriero said, she and Mr. McGonigal sometimes stayed at a Brooklyn apartment and enjoyed the swirl of the city. He loved Sparks Steak House and other upscale restaurants and was fastidious about his appearance.“Suits, shoes, expensive ties,” Ms. Guerriero said. “If he went out, he would have to be dressed to the nines.”Over dinner in Manhattan one evening in 2017, Mr. McGonigal was introduced to a man who would figure heavily into his undoing: Agron Neza, an Albanian-born businessman living in Leonia, N.J., who is labeled “Person A” in the Washington indictment. As a young man, Mr. Neza had worked for the Albanian State Intelligence Service before moving to the United States. Now, balding and bearded, Mr. Neza was brokering deals overseas.In August 2017, according to prosecutors, Mr. McGonigal proposed the men make their own deal, in which Mr. Neza would lend him $225,000 in cash.The Vienna clientProsecutors have not said why Mr. McGonigal needed that money or what he may have agreed to do in return. But over the next several months, they said, he injected himself into foreign political and business affairs, apparently while trading on his F.B.I. position, in dealings that would culminate in his arrest.He befriended the prime minister of Albania, Edi Rama, and used his position to drum up foreign business for his associates, according to the indictment filed against him in Washington.On one occasion, Mr. McGonigal opened an F.B.I. investigation into a lobbyist for the Albanian prime minister’s main political rival, the prosecutors said. On another, prosecutors said, he helped secure an oil drilling license benefiting Mr. Neza and others.Prosecutors said Mr. McGonigal also cultivated ties to Prime Minister Edi Rama of Albania. The accusations caused a scandal there, with protesters carrying effigies of the two men in prison jumpsuits.Adnan Beci/Agence France-Presse — Getty ImagesAlong the way, there was some indication that the F.B.I. was aware of his dealings with the Albanians. According to two people who spoke with him, Mr. McGonigal said the F.B.I. had authorized him to approach U.S. contractors about working with Mr. Rama to help reform the Albanian government, which had long been plagued by corruption and inefficiency. Perhaps none of Mr. McGonigal’s associations was as alarming as the one prosecutors said he had with the Russian oligarch, Mr. Deripaska. A billionaire metals magnate seen as shrewd and ruthless, Mr. Deripaska built his fortune after the fall of the Soviet Union, as state resources were taken over by businessmen with close ties to the Kremlin. He also cultivated ties to the West, hosting parties in Europe, courting politicians and hiring lawyers and lobbyists to look after his interests.He did business with Paul Manafort, a lobbyist and political adviser who later served as chairman of Mr. Trump’s 2016 campaign. F.B.I. agents attempted to recruit Mr. Deripaska as an informant, in part to find out whether Mr. Manafort had been a link to the Kremlin, which Mr. Deripaska denied.In April 2018, the Treasury Department added Mr. Deripaska to its sanctions list, citing his ties to the Kremlin and accusations that he laundered money and threatened rivals, among other things. Before the sanctions were made public, Mr. McGonigal reviewed a list with Mr. Deripaska’s name on it, the New York indictment said.By late 2018, prosecutors suggested, he was laying the groundwork for a future business relationship with Mr. Deripaska.Mr. McGonigal is accused of setting up an internship at the New York Police Department for the daughter of an unnamed aide to the oligarch — a reference to the Russian businessman Evgeny Fokin, according to people familiar with the case. (A senior police official said that the woman received a multiday “V.I.P.-type” tour of specialized units, not an internship.) Mr. McGonigal had been introduced to Mr. Fokin by a former Russian diplomat who had become an interpreter for U.S. courts, prosecutors said.After retiring from the bureau in late 2018, and taking a job as vice president for security at the real estate firm Brookfield Properties, Mr. McGonigal began working for Mr. Deripaska, prosecutors said. He and the former diplomat connected the oligarch with an American law firm, Kobre & Kim, in 2019 to aid in getting the sanctions lifted.They referred to Mr. Deripaska as “the individual” or “the Vienna client” in electronic communications, and Mr. McGonigal met with Mr. Deripaska and others in London and in Vienna, prosecutors said.Mr. McGonigal was paid $25,000 per month by the law firm for the sanctions-related work, using Mr. Deripaska’s money, prosecutors said.In August 2021, Mr. Fokin retained Mr. McGonigal and the former Russian diplomat for a new brief: investigating a rival oligarch with whom Mr. Deripaska was involved in a business dispute. The two men were paid $218,000, until F.B.I. agents seized their devices that November, prosecutors said.Last year, federal prosecutors in New York charged Mr. Deripaska and others with scheming to evade sanctions by engaging in real-estate deals.In January, F.B.I. agents met Mr. McGonigal at Kennedy Airport and arrested him as he returned from an unrelated business trip to Sri Lanka. He had lost his job at the real-estate firm, but in the following months, the wholesome Midwesterner became a celebrity in Albania, where Mr. Rama’s opponents and the media took to short-handing the scandal in a particular way.They called it “the McGonigal affair.”Susan C. Beachy More

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    The Prosecution of Donald Trump May Have Terrible Consequences

    It may be satisfying now to see Special Counsel Jack Smith indict former President Donald Trump for his reprehensible and possibly criminal actions in connection with the 2020 presidential election. But the prosecution, which might be justified, reflects a tragic choice that will compound the harms to the nation from Mr. Trump’s many transgressions.Mr. Smith’s indictment outlines a factually compelling but far from legally airtight case against Mr. Trump. The case involves novel applications of three criminal laws and raises tricky issues of Mr. Trump’s intent, of his freedom of speech and of the contours of presidential power. If the prosecution fails (especially if the trial concludes after a general election that Mr. Trump loses), it will be a historic disaster.But even if the prosecution succeeds in convicting Mr. Trump, before or after the election, the costs to the legal and political systems will be large.There is no getting around the fact that the indictment comes from the Biden administration when Mr. Trump holds a formidable lead in the polls to secure the Republican Party nomination and is running neck and neck with Mr. Biden, the Democratic Party’s probable nominee.This deeply unfortunate timing looks political and has potent political implications even if it is not driven by partisan motivations. And it is the Biden administration’s responsibility, as its Justice Department reportedly delayed the investigation of Mr. Trump for a year and then rushed to indict him well into G.O.P. primary season. The unseemliness of the prosecution will likely grow if the Biden campaign or its proxies uses it as a weapon against Mr. Trump if he is nominated.This is all happening against the backdrop of perceived unfairness in the Justice Department’s earlier investigation, originating in the Obama administration, of Mr. Trump’s connections to Russia in the 2016 general election. Anti-Trump texts by the lead F.B.I. investigator, a former F.B.I. director who put Mr. Trump in a bad light through improper disclosure of F.B.I. documents and information, transgressions by F.B.I. and Justice Department officials in securing permission to surveil a Trump associate and more were condemned by the Justice Department’s inspector general even as he found no direct evidence of political bias in the investigation. The discredited Steele Dossier, which played a consequential role in the Russia investigation and especially its public narrative, grew out of opposition research by the Democratic National Committee and the Hillary Clinton campaign.And then there is the perceived unfairness in the department’s treatment of Mr. Biden’s son Hunter, where the department has once again violated the cardinal principle of avoiding any appearance of untoward behavior in a politically sensitive investigation. Credible whistle-blowers have alleged wrongdoing and bias in the investigation, though the Trump-appointed prosecutor denies it. And the department’s plea arrangement with Hunter came apart, in ways that fanned suspicions of a sweetheart deal, in response to a few simple questions by a federal judge.These are not whataboutism points. They are the context in which a very large part of the country will fairly judge the legitimacy of the Justice Department’s election fraud prosecution of Mr. Trump. They are the circumstances that for very many will inform whether the prosecution of Mr. Trump is seen as politically biased. This is all before the Trump forces exaggerate and inflame the context and circumstances, and thus amplify their impact.These are some of the reasons the Justice Department, however pure its motivations, will likely emerge from this prosecution viewed as an irretrievably politicized institution by a large chunk of the country. The department has been on a downward spiral because of its serial mistakes in high-profile contexts, accompanied by sharp political attacks from Mr. Trump and others on the right. Its predicament will now likely grow much worse because the consequences of its election-fraud prosecution are so large, the taint of its past actions so great and the potential outcome for Mr. Biden too favorable.The prosecution may well have terrible consequences beyond the department for our politics and the rule of law. It will likely inspire ever-more-aggressive tit-for-tat investigations of presidential actions in office by future Congresses and by administrations of the opposite party, to the detriment of sound government.It may also exacerbate the criminalization of politics. The indictment alleges that Mr. Trump lied and manipulated people and institutions in trying to shape law and politics in his favor. Exaggeration and truth-shading in the facilitation of self-serving legal arguments or attacks on political opponents have always been commonplace in Washington. Going forward, these practices will likely be disputed in the language of, and amid demands for, special counsels, indictments and grand juries.Many of these consequences of the prosecution may have occurred in any event because of our divided politics, Mr. Trump’s provocations, the dubious prosecution of him in New York State and Mr. Smith’s earlier indictment in the classified documents case. Yet the greatest danger comes from actions by the federal government headed by Mr. Trump’s political opponent.The documents case is far less controversial and far less related to high politics. In contrast to the election fraud case, it concerns actions by Mr. Trump after he left office, it presents no First Amendment issue and it involves statutes often applied to the mishandling of sensitive government documents.Mr. Smith had the option to delay indictment until after the election. In going forward now, he likely believed that the importance of protecting democratic institutions and vindicating the rule of law in the face of Mr. Trump’s brazen attacks on both outweighed any downsides. Or perhaps he believed the downsides were irrelevant — “Let justice be done, though the heavens fall.”These are entirely legitimate considerations. But whatever Mr. Smith’s calculation, his decision will be seen as a mistake if, as is quite possible, American democracy and the rule of law are on balance degraded as a result.Watergate deluded us into thinking that independent counsels of various stripes could vindicate the rule of law and bring national closure in response to abuses by senior officials in office. Every relevant experience since then — from the discredited independent counsel era (1978-99) through the controversial and unsatisfactory Mueller investigation — proves otherwise. And national dissensus is more corrosive today than in the 1990s, and worse even than when Mr. Mueller was at work.Regrettably, in February 2021, the Senate passed up a chance to convict Mr. Trump and bar him from future office, after the House of Representatives rightly impeached him for his election shenanigans. Had that occurred, Attorney General Merrick Garland may well have decided not to appoint a special counsel for this difficult case.But here we are. None of these considerations absolve Mr. Trump, who is ultimately responsible for this mammoth mess. The difficult question is whether redressing his shameful acts through criminal law is worth the enormous costs to the country. The bitter pill is that the nation must absorb these costs to figure out the answer to that question.Jack Goldsmith, a Harvard law professor and a senior fellow at the Hoover Institution, is a co-author of “After Trump: Reconstructing the Presidency.”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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    Ex-F.B.I. Official in Talks to Resolve Charges of Working for Oligarch

    Once the F.B.I.’s top counterintelligence official in New York City, Charles F. McGonigal was charged with concealing contacts with foreign nationals.A former senior F.B.I. official is in talks to resolve criminal charges in two separate indictments, including entering a possible guilty plea as early as next week in a case involving accusations that he worked for a Russian oligarch, according to a public filing and statements by his lawyer in court.Charles F. McGonigal, who retired in 2018 as the counterintelligence chief in the F.B.I.’s New York field office, one of the agency’s most sensitive posts, has been accused by federal prosecutors in New York of violating U.S. sanctions, money laundering and conspiracy in connection with Oleg Deripaska, an oligarch once seen as close to Russian President Vladimir V. Putin.Mr. McGonigal was also charged by federal prosecutors in Washington with concealing his relationship with a businessman who paid him $225,000, as well misleading the F.B.I. about his contacts with foreign nationals and foreign travel, creating a conflict of interest with his official duties.Mr. McGonigal pleaded not guilty to both indictments. But on Monday, the district judge overseeing his New York case, Jennifer H. Rearden, set a plea hearing for Aug. 15, saying that she had been informed that Mr. McGonigal “may wish to enter a change of plea.”At a hearing in the Washington case on Friday, Mr. McGonigal’s lawyer, Seth D. DuCharme, told the federal judge there, Colleen Kollar-Kotelly, that discussions about resolving the charges were ongoing and that he hoped to update her by the next scheduled hearing in September.Although some of the current charges carry up to 20 years in prison, a judge could also impose a far lighter sentence.Mr. DuCharme declined to comment on either case. Spokespeople for the U.S. attorney’s offices in New York and Washington also declined to comment.Judge Rearden’s order in New York and the discussions in Washington were reported earlier by CNN. Mr. McGonigal’s co-defendant in the New York case, Sergey Shestakov, has also pleaded not guilty to sanctions violations and money laundering in connection with Mr. Deripaska, as well as making false statements to the F.B.I. (Mr. McGonigal does not face that last charge.) There has been no public indication that Mr. Shestakov is about to change his plea; his lawyer did not respond to a request for comment.The arrest in January of Mr. McGonigal, 55, reverberated through the F.B.I., shocking colleagues who had worked with him over his 22-year career on some of the bureau’s most sensitive cases, including an investigation into the information breach that led to the disappearance, imprisonment or execution of C.I.A. informants in China.The accusations also raised questions about what agency secrets Mr. McGonigal might have compromised. But a more than three-year F.B.I. investigation produced no evidence that he had done so, according to U.S. officials who spoke on condition of anonymity to discuss the sensitive matter. That a plea agreement may be reached relatively quickly also suggests that Mr. McGonigal’s former colleagues at the F.B.I., and Justice Department prosecutors, have concluded his behavior stopped at corruption and did not extend to espionage.The New York indictment accused Mr. McGonigal and Mr. Shestakov of working for Mr. Deripaska, a wealthy Russian metals magnate. Mr. Shestakov, 69, is a former Soviet and Russian diplomat who lived in the U.S. and worked after his retirement as an interpreter in U.S. courts in New York.Federal prosecutors suggested that while still at the F.B.I., Mr. McGonigal attempted to build a relationship with an aide to Mr. Deripaska by arranging for the aide’s daughter to do an internship with the New York City Police Department. (A senior police official told The New York Times that the woman was given a “V.I.P.-type” tour over several days that included spending time with specialized Police Department units, including the harbor patrol and mounted units, but it was not an internship.)In April 2018, Mr. Deripaska was placed on a sanctions list by the U.S. State Department, which cited his connections to the Kremlin and Russia’s interference in the presidential election of 2016. Mr. McGonigal reviewed the proposed list of people to be sanctioned, including Mr. Deripaska, before it was finalized, prosecutors said.In 2019, after Mr. McGonigal’s retirement, he and Mr. Shestakov connected Mr. Deripaska to a law firm for aid in getting the sanctions lifted, federal prosecutors in New York said. Mr. McGonigal met with Mr. Deripaska and others in London and Vienna and was paid $25,000 a month through the law firm as a consultant and an investigator until about March 2020, the indictment says.Then, in the spring of 2021, Mr. McGonigal and Mr. Shestakov negotiated an agreement with Mr. Deripaska’s aide to investigate a rival oligarch, for which they were paid more than $200,000, according to the indictment. The criminal charges in the indictment appear to relate primarily to this arrangement, which ended, prosecutors said, when the men’s devices were seized by the F.B.I. in November 2021.Adam Goldman More

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    Fact-Checking Trump Defenders’ Claims After Indictment in Election Case

    Former President Donald Trump’s supporters have made inaccurate claims about the judge presiding over his case and misleadingly compared his conduct to that of other politicians.Allies of former President Donald J. Trump have rushed to his defense since he was charged on Tuesday in connection with his efforts to overturn the 2020 election.They inaccurately attacked the judge assigned to oversee the trial, baselessly speculated that the timing of the accusations was intended to obscure misconduct by the Bidens and misleadingly compared his conduct to that of Democratic politicians.Here’s a fact check.What Was Said“Judge Chutkan was appointed to the D.C. District Court by Barack Obama, and she has a reputation for being far left, even by D.C. District Court standards. Judge Chutkan, for example, has set aside numerous federal death-penalty cases, and she is the only federal judge in Washington, D.C., who has sentenced Jan. 6 defendants to sentences longer than the government requested.”— Senator Ted Cruz, Republican of Texas, in a podcast on WednesdayThis is exaggerated. Mr. Cruz is correct that Judge Tanya S. Chutkan, the trial judge overseeing Mr. Trump’s prosecution in the case, was appointed by President Barack Obama. While she has gained a reputation for handing down tough sentences to people convicted of crimes in the Jan. 6 riot, she is not the only federal judge who has exceeded prosecutors’ sentencing recommendations.Of the more than 1,000 people who have been charged for their activities on Jan. 6, 2021, about 561 people have received a sentence, including 335 in jail and another 119 in home detention, as of July 6, according to the Justice Department. Judges have largely issued sentences shorter than what prosecutors sought and what federal sentencing guidelines recommend, data compiled by NPR and The Washington Post shows.Senator Ted Cruz described Judge Tanya S. Chutkan’s appointment as “highly problematic,” but in the Federal District Court in Washington, cases are randomly assigned.Haiyun Jiang/The New York TimesJudge Chutkan ordered longer penalties in at least four cases, according to NPR, and appears to have done so more frequently than her peers. But other judges in Federal District Court in Washington have also imposed harsher sentences.Those include Judge Royce C. Lamberth, appointed by President Ronald Reagan, who sentenced a man to 60 days in prison while the government had asked for 14 days. He sentenced another to 51 months, rather than 46 months, and another to 60 days, rather than 30.Judge Amy Berman Jackson, an Obama appointee, sentenced another defendant to 30 days, twice as long as the government recommendation. Judge Reggie B. Walton, nominated by President George W. Bush, sentenced a defendant to 50 days compared with the recommended 30 days. And Judge Emmet G. Sullivan, appointed by President Bill Clinton, sentenced a man to 60 days rather than 45 days.Moreover, Mr. Cruz described Judge Chutkan’s appointment as “highly problematic” given her political leanings. But it is worth noting that in the Federal District Court in Washington, cases are randomly assigned — similar to how Judge Aileen M. Cannon, a Trump appointee, was randomly assigned to preside over the case involving Mr. Trump’s handling of classified documents after he left office.What Was Said“All of these indictments have been called into question because they come right after massive evidence is released about the Biden family. On June 7, the F.B.I. released documents alleging that the Bidens took in $10 million in bribes from Burisma. The very next day, Jack Smith indicted Trump over the classified documents kept at Mar-a-Lago. And then you go to July 26. That’s when Hunter Biden’s plea deal fell apart after the D.O.J. tried giving him blanket immunity from any future prosecutions. The very next day, Jack Smith added more charges to the Mar-a-Lago case. And now, just one day after Devon Archer gave explosive testimony about Joe Biden’s involvement in Hunter Biden’s business deals, Smith indicts Trump for Jan. 6.”— Maria Bartiromo, anchor on Fox Business Network, on WednesdayThis lacks evidence. Mr. Trump and many of his supporters have suggested that the timing of developments in investigations into his conduct runs suspiciously parallel to investigations into the conduct of Hunter Biden and is meant as a distraction.But there is no proof that Mr. Smith, the special counsel overseeing the cases, has deliberately synced his inquiries into Mr. Trump with investigations into the Bidens, one of which is handled by federal prosecutors and others by House Republicans.Attorney General Merrick B. Garland appointed Mr. Smith as special counsel in November to investigate Mr. Trump’s role in the Jan. 6 riot at the Capitol as well as the former president’s retention of classified documents. After Republicans won the House that same month, lawmakers in the party said they would begin to investigate the Bidens. (The Justice Department separately began an inquiry into Hunter Biden’s taxes and business dealings in 2018.)Over the next few months, the inquiries barreled along, with some developments inevitably occurring almost in tandem. In some cases, Mr. Smith has little control over the developments or when they are publicly revealed.The first overlap Ms. Bartiromo cited centered on an F.B.I. document from June 2020 that contained an unsubstantiated allegation of bribery against President Biden and his son, and on charges filed against Mr. Trump over his handling of classified documents.Jack Smith was appointed in November 2022 to investigate Mr. Trump’s role in the Jan. 6 riot.Doug Mills/The New York TimesRepresentative James R. Comer of Kentucky, the Republican chairman of the House oversight committee, issued a subpoena in May for the document. The F.B.I. allowed Mr. Comer and the committee’s top Democrat access to a redacted version on June 5. That same day, Mr. Comer said he would initiate contempt-of-Congress hearings against the F.B.I. director on June 8, as the agency was still resisting giving all members access to the document.Two days later, on June 7, Mr. Comer announced that the F.B.I. had relented and that he would cancel the contempt proceedings. Members of the committee viewed the document on the morning of June 8, and Representative Marjorie Taylor Greene, Republican of Georgia, held a news conference that afternoon describing the document.That night, Mr. Trump himself, not the Justice Department, announced that he had been charged over his mishandling of classified documents, overtaking any headlines about the Bidens. The department declined to comment, and the indictment was unsealed a day later, on June 9.In the second overlap, on July 26, a federal judge put on hold a proposed plea deal between Hunter Biden and the Justice Department over tax and gun charges. Ms. Bartiromo is correct that a grand jury issued new charges against Mr. Trump in the documents case on July 27.The timing of the latest developments in Ms. Bartiromo’s third example, too, was not entirely in Mr. Smith’s hands.Hunter Biden’s former business partner Devon Archer was first subpoenaed on June 12 to testify before the committee on June 16. Mr. Comer told The Washington Examiner that Mr. Archer rescheduled his appearance three times before his lawyer confirmed on July 30 that he would appear the next day. Mr. Archer then spoke to the House oversight committee in nearly five hours of closed-door testimony on July 31. Republicans and Democrats on the committee gave conflicting accounts of what Mr. Archer said.Mr. Trump announced on July 18 that federal prosecutors had informed him he was a target of their investigation into his efforts to stay in office, suggesting that he would soon be indicted. Mr. Trump’s lawyers met with officials in the office of Mr. Smith on July 27. A magistrate judge ordered the indictment unsealed at 5:30 p.m. on Aug. 1.What Was Said“All of the people who claim that the 2016 election wasn’t legitimate, all of the people who claimed in 2004, with a formal objection in the Congress, that that election wasn’t legitimate, and in fact, objected to the point where they said that the voting machines in Ohio were tampered with and that President Bush was selected, not elected — and not to mention former presidents of the United States and secretary of states, Hillary Clinton, Jimmy Carter and a whole slew of House Democrats who repeatedly led the nation to believe — lied to the nation, that they said Russia selected Donald Trump as president, that the election was completely illegitimate — all of that was allowed to pass, but yet, once again, we see a criminalization when it comes to Donald Trump.”— Representative Michael Waltz, Republican of Florida, on CNN on WednesdayThis is misleading. Mr. Trump’s supporters have long argued that Democrats, too, have objected to election results and pushed allegations of voting malfeasance. None of the objections cited, though, have been paired with concerted efforts to overturn election results, as was the case for Mr. Trump.Democratic lawmakers objected to counting a state’s electors after the elections of recent Republican presidents in 2001, 2005 and 2017. In 2001 and 2017, objecting House members were unable to find a senator to sign on to their objections, as is required, and were overruled by the vice president. In 2005, two Democrats objected to counting Ohio’s electoral votes. The two chambers then convened debate and rejected the objections.In each case, the losing candidate had already conceded, did not try to overturn election results and did not try to persuade the vice president to halt proceedings as Mr. Trump is accused of doing in 2020.Mrs. Clinton has said repeatedly that Russian interference was partly to blame for her defeat in the 2016 presidential election. But she is not accused of trying to overthrow the results of the election. Prosecutors have not detailed any involvement on her part in a multifaceted effort to stay in power, including by organizing slates of false electors or pressuring officials to overturn voting results.What Was Said“Indicting political opponent candidates during a presidential election is what happens in banana republics and Third World countries.”— Representative Andy Harris, Republican of Maryland, in a Twitter post on TuesdayThis is exaggerated. Mr. Trump is the first former U.S. president to be indicted on criminal charges, but he is not the only presidential candidate to face charges in the United States and certainly not in the world.Rick Perry, the former governor of Texas, was indicted in August 2014 and accused of abusing his power. Mr. Perry, who ran for president in 2012, had hinted that he would run again and set up a political action committee the same month he was indicted. He officially announced his presidential bid in 2015 but dropped out before a court dismissed the charges against him in 2016.Eugene V. Debs, the socialist leader, ran for president behind bars in 1920 after he was indicted on a charge of sedition for opposing American involvement in World War I. He was sentenced in 1918 to 10 years in prison.It is also not unheard-of for political leaders in advanced economies and democracies to face charges while campaigning for office. In Israel, Prime Minister Benjamin Netanyahu was indicted in 2019 on charges of fraud and bribery. After losing power, he returned to his post in November 2022 while still facing charges. In Italy, Silvio Berlusconi faced numerous charges and scandals over tax fraud and prostitution while he served as prime minister in the 2000s.And in Taiwan, prosecutors said in 2006 that they had enough evidence to bring corruption charges against the president at the time, Chen Shui-bian. Mr. Chen remained his party’s chairman through parliamentary elections in 2008 as the investigation loomed over him, and he was arrested and charged that November. More

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    Do You Know a Politically Motived Prosecution When You See One?

    As the criminal indictments of Donald Trump continue to pile up like boxes in a Mar-a-Lago bathroom, the former president’s defenders have settled on a response: They don’t claim their man is innocent of the scores of federal and state charges against him — a tough case to make under the circumstances. Instead they accuse the Biden administration and Democratic prosecutors of politicizing law enforcement and cooking up an insurance policy to protect President Biden, who trails Mr. Trump in some polls about a very possible 2024 rematch.“So what do they do now?” House Speaker Kevin McCarthy asked last week, after Mr. Trump announced that he had received a second target letter from the special counsel Jack Smith, this time over his role in the Jan. 6 attack. “Weaponize government to go after their No. 1 opponent.”Gov. Ron DeSantis, one of the few plausible Republican nominees besides Mr. Trump, warned that the government is “criminalizing political differences.”It’s not only about Mr. Trump; griping about politicized law enforcement has become a cottage industry on the right these days. No sooner did Republicans take back the House of Representatives than they formed a Select Subcommittee on the Weaponization of the Federal Government, which meets regularly to air grievances and grill witnesses about their supposed anti-conservative animus, including Christopher Wray, the (Trump-nominated) F.B.I. director.If you’re feeling bewildered by all the claims and counterclaims of politicization, you’re not alone. Take the F.B.I.’s probe of ties between Russia and the 2016 Trump campaign, which is still being hashed out in the halls of Congress seven years later: In February, Democratic lawmakers demanded an investigation of the investigators who investigated the investigators who were previously investigated for their investigation of a transnational plot to interfere in a presidential election. Got that?But even if the charge of politicized justice is levied by a bad-faith buffoon like Representative Jim Jordan of Ohio, the chairman of the weaponization subcommittee, it is a profoundly important one. There is no simple way to separate politics completely from law enforcement. The Justice Department will always be led by a political appointee, and most state and local prosecutors are elected. If Americans are going to have faith in the fairness of their justice system, every effort must be taken to assure the public that political motives are not infecting prosecutors’ charging decisions. That means extremely clear rules for investigators and prosecutors and eternal vigilance for the rest of us.At the same time, politically powerful people must be held to the same rules as everyone else, even if they happen to be of a different party from those investigating them. So how to distinguish an investigation or prosecution based solely on the facts from one motivated improperly by politics?Sometimes the investigators make it easy by just coming out and admitting that it’s really political. Mr. McCarthy did that in 2015, when he bragged on Fox News that the House Benghazi hearings had knocked a seemingly “unbeatable” Hillary Clinton down in the polls. More recently, James Comer of Kentucky, who heads the House committee that is relentlessly investigating Hunter Biden, made a similar argument about the effect of the committee’s work on President Biden’s political fortunes. (Mr. Comer tried to walk back his comment a day later.)More often, though, it takes some work to determine whether an investigation or prosecution is on the level.The key thing to remember is that even if the subject is a politically powerful person or the outcome of a trial could have a political impact, that doesn’t necessarily mean the action itself is political. To assume otherwise is to “immunize all high-ranking powerful political people from ever being held accountable for the wrongful things they do,” said Kristy Parker, a lawyer with the advocacy group Protect Democracy. “And if you do that, you subvert the idea that this is a rule-of-law society where everybody is subject to equal justice, and at the same time you remove from the public the ability to impose any accountability for misconduct, which enables it to happen again.”In May, Protect Democracy published a very useful report, co-written by Ms. Parker, laying out several factors that help the public assess whether a prosecution is political.First, what is the case about? Is there straightforward evidence of criminal behavior by a politician? Have people who are not powerful politicians been prosecuted in the past for similar behavior?Second, what are top law-enforcement officials saying? Is the president respecting due process, or is he demanding investigations or prosecutions of specific people? Is he keeping his distance from the case, or is he publicly attacking prosecutors, judges and jurors? Is the attorney general staying quiet, or is he offering public opinions on the guilt of the accused?Third, is the Justice Department following its internal procedures and guidelines for walling off political interference? Most of these guidelines arose in the aftermath of the Watergate scandal, during which President Richard Nixon ordered the department to go after his political enemies and later obstructed the investigation into his own behavior. Until recently, the guidelines were observed by presidents and attorneys general of both parties.Finally, how have other institutions responded? Did judges and juries follow proper procedure in the case, and did they agree that the defendant was guilty? Did an agency’s inspector general find any wrongdoing by investigators or prosecutors?None of these factors are decisive by themselves. An investigation might take a novel legal approach; an honest case may still lose in court. But considering them together makes it easier to identify when law enforcement has been weaponized for political ends.To see how it works in practice, let’s take a closer look at two recent examples: first, the federal investigations into Mr. Trump’s withholding of classified documents and his attempts to overturn the 2020 election and, second, the investigation by John Durham into the F.B.I.’s Russia probe.In the first example, the Justice Department and the F.B.I., under Attorney General Merrick Garland, waited more than a year to pursue an investigation of Mr. Trump’s role in the Jan. 6 attack with any urgency — largely out of the fear that they would be seen as politically motivated.With a punctiliousness that has exasperated many liberals, Mr. Garland has kept his mouth shut about Mr. Smith’s prosecutions, except to say that the department would pursue anyone responsible for the Jan. 6 attack. Mr. Garland almost never mentions Mr. Trump by name. And Mr. Smith has been silent outside of the news conference he held last month to announce the charges in the documents case.In that case, Mr. Smith presented a tower of evidence that Mr. Trump violated multiple federal laws. There are also many examples of nonpowerful people — say, Reality Winner — who were prosecuted, convicted and sentenced to years in prison for leaking a single classified document. Mr. Trump kept dozens. Even a federal judge who was earlier accused of being too accommodating to Mr. Trump has effectively signaled the documents case is legitimate, setting a trial date for May and refusing the Trump team’s demand to delay it until after the 2024 election.In the Jan. 6 case, the government has already won convictions against hundreds of people for their roles in the Capitol attack, many involving some of the same laws identified in Mr. Smith’s latest target letter to Mr. Trump.“Prosecutors will hear all sorts of allegations that it’s all political, that it will damage the republic for all of history,” Ms. Parker, who previously worked as a federal prosecutor, told me. “But they have to charge through that if what they’ve got is a case that on the facts and law would be brought against anybody else.”President Biden’s behavior has been more of a mixed bag. He and his advisers are keen to advertise his disciplined silence about Mr. Trump’s legal travails. “I have never once — not one single time — suggested to the Justice Department what they should do or not do,” he said in June. Yet he has commented publicly and inappropriately on both investigations over the years.It’s impossible to justify these remarks, but it is possible to consider them in light of the other factors above and to decide that Mr. Smith’s investigations are not infected with a political motive.Contrast that with the investigation by John Durham, the federal prosecutor appointed by Mr. Trump’s attorney general Bill Barr in 2019 to investigate the origins of the F.B.I.’s Trump-Russia probe.Even before it began, the Durham investigation was suffused with clear political bias. Mr. Trump had repeatedly attacked the F.B.I. over its handling of the Russia probe and called for an investigation, breaching the traditional separation between the White House and the Justice Department. Mr. Barr had also spoken publicly in ways that seemed to prejudge the outcome of any investigation and inserted himself into an investigation focused on absolving Mr. Trump of wrongdoing.Not every investigation or prosecution will offer such clear-cut evidence of the presence or absence of political motivations. But as with everything relating to Mr. Trump, one generally doesn’t have to look far to find his pursuit of vengeance; he has taken to describing himself as the “retribution” of his followers. If he wins, he has promised to obliterate the Justice Department’s independence from the presidency and “go after” Mr. Biden and “the entire Biden crime family.”For the moment, at least, Mr. Trump is not the prosecutor but the prosecuted. And there should be no fear of pursuing the cases against him — especially those pertaining to his attempts to overturn his loss in 2020 — wherever they lead.“If we can’t bring those kinds of cases just because the person is politically powerful, how do we say we have a democracy?” asked Ms. Parker. “Because in that case we have people who are above the law, and they are so far above the law that they can destroy the central feature of democracy, which is elections, in which the people choose their leaders.”Source photograph by pepifoto, via Getty Images.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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    As Inquiries Compound, So Does the ‘Trump Tax’

    For all their complexity, the Trump-related prosecutions have not significantly constrained the ability of prosecutors to carry out their regular duties, officials have said.Jack Smith, the special counsel overseeing criminal investigations into former President Donald J. Trump, employs 40 to 60 career prosecutors, paralegals and support staff, augmented by a rotating cast of F.B.I. agents and technical specialists, according to people familiar with the situation.In his first four months on the job, starting in November, Mr. Smith’s investigation incurred expenses of $9.2 million. That included $1.9 million to pay the U.S. Marshals Service to protect Mr. Smith, his family and other investigators who have faced threats after the former president and his allies singled them out on social media.At this rate, the special counsel is on track to spend about $25 million a year.The main driver of all these efforts and their concurrent expenses is Mr. Trump’s own behavior — his unwillingness to accept the results of an election as every one of his predecessors has done, his refusal to heed his own lawyers’ advice and a grand jury’s order to return government documents and his lashing out at prosecutors in personal terms.Even the $25 million figure only begins to capture the full scale of the resources dedicated by federal, state and local officials to address Mr. Trump’s behavior before, during and after his presidency. While no comprehensive statistics are available, Justice Department officials have long said that the effort alone to prosecute the members of the pro-Trump mob who stormed the Capitol on Jan. 6, 2021, is the largest investigation in its history. That line of inquiry is only one of many criminal and civil efforts being brought to hold Mr. Trump and his allies to account.At the peak of the Justice Department’s efforts to hunt down and charge the Jan. 6 rioters, many U.S. attorney’s offices and all 56 F.B.I. field offices had officials pursuing leads. Jason Andrew for The New York TimesAs the department and prosecutors in New York and Georgia move forward, the scope of their work, in terms of quantifiable costs, is gradually becoming clear.These efforts, taken as a whole, do not appear to be siphoning resources that would otherwise be used to combat crime or undertake other investigations. But the agencies are paying what one official called a “Trump tax” — forcing leaders to expend disproportionate time and energy on the former president, and defending themselves against his unfounded claims that they are persecuting him at the expense of public safety.In a political environment growing more polarized as the 2024 presidential race takes shape, Republicans have made the scale of the federal investigation of Mr. Trump and his associates an issue in itself. Earlier this month, Republicans on the House Judiciary Committee grilled the F.B.I. director, Christopher A. Wray, on the scale of the investigations, and suggested they might block the reauthorization of a warrantless surveillance program used to investigate several people suspected of involvement in the Jan. 6 breach or oppose funding for the bureau’s new headquarters.“What Jack Smith is doing is actually pretty cheap considering the momentous nature of the charges,” said Timothy J. Heaphy, former U.S. attorney who served as lead investigator for the House committee that investigated the Capitol assault.The “greater cost” is likely to be the damage inflicted by relentless attacks on the department, which could be “incalculable,” he added.At the peak of the Justice Department’s efforts to hunt down and charge the Jan. 6 rioters, many U.S. attorney’s offices and all 56 F.B.I. field offices had officials pursuing leads. At one point, more than 600 agents and support personnel from the bureau were assigned to the riot cases, officials said.In Fulton County, Ga., the district attorney, Fani T. Willis, a Democrat, has spent about two years conducting a wide-ranging investigation into election interference. The office has assigned about 10 of its 370 employees to the elections case, including prosecutors, investigators and legal assistants, according to officials.The authorities in Michigan and Arizona are scrutinizing Republicans who sought to pass themselves off as Electoral College electors in states won by Joseph R. Biden Jr. in 2020.For all their complexity and historical importance, the Trump-related prosecutions have not significantly constrained the ability of prosecutors to carry out their regular duties or forced them to abandon other types of cases, officials in all of those jurisdictions have repeatedly said.A vast majority of Mr. Smith’s staff members were already assigned to Trump cases before Mr. Smith was appointed.Saul Martinez for The New York TimesIn Manhattan, where Mr. Trump is facing 34 counts of falsifying business records in connection with his alleged attempts to suppress reports of an affair with a pornographic actress, the number of assistant district attorneys assigned to the case is in the single digits, according to officials.That has not stopped Mr. Trump from accusing the district attorney, Alvin L. Bragg, a Democrat, of diverting resources that might have gone to fight street crime. In fact, the division responsible for bringing the case was the financial crimes unit, and the office has about 500 other prosecutors who have no part in the investigation.“Rather than stopping the unprecedented crime wave taking over New York City, he’s doing Joe Biden’s dirty work, ignoring the murders and burglaries and assaults he should be focused on,” Mr. Trump wrote on the day in March that he was indicted. “This is how Bragg spends his time!”Mr. Trump pursued a similar line of attack against the New York attorney general, Letitia James, who sued the former president and his family business and accused them of fraud. (Local prosecutors, not the state, are responsible for bringing charges against most violent criminals.)The Justice Department, which includes the F.B.I. and the U.S. Marshals, is a sprawling organization with an annual budget of around $40 billion, and it has more than enough staff to absorb the diversion of key prosecutors, including the chief of its counterintelligence division, Jay Bratt, to the special counsel’s investigations, officials said.A vast majority of Mr. Smith’s staff members were already assigned to those cases before he was appointed, simply moving their offices across town to work under him. Department officials have emphasized that about half of the special counsel’s expenses would have been paid out, in the form of staff salaries, had the department never investigated Mr. Trump.That is not to say the department has not been under enormous pressure in the aftermath of the 2020 election and attack on the Capitol.Justice Department officials have long said that just the effort to prosecute the members of the pro-Trump mob that assaulted the Capitol, is the largest investigation in its history.Haiyun Jiang for The New York TimesThe U.S. attorney’s office in Washington, which has brought more than 1,000 cases against Jan. 6 rioters, initially struggled to manage the mountain of evidence, including thousands of hours of video, tens of thousands of tips from private citizens and hundreds of thousands of pages of investigative documents. But the office created an internal information management system, at a cost of millions of dollars, to organize one of the largest collections of discovery evidence ever gathered by federal investigators.Prosecutors from U.S. attorney’s offices across the country have been called in to assist their colleagues in Washington. Federal defenders’ offices in other cities have also pitched in, helping the overwhelmed Washington office to represent defendants charged in connection with Jan. 6.“If you combine the Trump investigation with the Jan. 6 prosecutions, you can say it really has had an impact on the internal machinations of the department,” said Anthony D. Coley, who served as the chief spokesman for Attorney General Merrick B. Garland until earlier this year. “It didn’t impede the department’s capacity to conduct its business, but you definitely had a situation where prosecutors were rushed in from around the country to help out.”While the Washington field office of the F.B.I. is in charge of the investigation of the Capitol attack, defendants have been arrested in all 50 states. Putting together those cases and taking suspects into custody has required the help of countless agents in field offices across the country.The bureau has not publicly disclosed the number of agents specifically assigned to the investigations into Mr. Trump, but people familiar with the situation have said the number is substantial but comparatively much smaller. They include agents who oversaw the search of the former president’s Mar-a-Lago estate and worked on various aspects of the Jan. 6 case; and bureau lawyers who often play a critical, under-the-radar role in investigations.A substantial percentage of those working on both cases are F.B.I. agents. In a letter to House Republicans in June, Carlos Uriarte, the department’s legislative affairs director, disclosed that Mr. Smith employed around 26 special agents, with additional agents being brought on from “time to time” for specific tasks related to the investigations.In terms of expense, Mr. Smith’s work greatly exceeds that of the other special counsel appointed by Mr. Garland, Robert K. Hur, who is investigating President Biden’s handling of classified documents after he left the vice presidency. Mr. Hur has spent about $1.2 million from his appointment in January through March, on pace for $5.6 million in annual expenditures.An analysis of salary data in the report suggests Mr. Hur is operating with a considerably smaller staff than Mr. Smith, perhaps 10 to 20 people, some newly hired, others transferred from the U.S. attorney’s office in Chicago, which initiated the investigation.For now, the two cases do not appear to be comparable in scope or seriousness. Unlike Mr. Trump, Mr. Biden returned all the government documents in his possession shortly after finding them, and Mr. Hur’s staff is not tasked with any other lines of inquiry.A more apt comparison is to the nearly two-year investigation by the special counsel Robert S. Mueller into the 2016 Trump campaign’s connections to Russia, which resulted in a decision not to indict Mr. Trump.The semiannual reports filed by Mr. Mueller’s office are roughly in line, if somewhat less, than Mr. Smith’s first report, tallying about $8.5 million in expenses.Jonah E. Bromwich More