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    Grand Jury to Hear Trump Election Interference Case Early Next Week

    The NewsAtlanta-area prosecutors have indicated that they will go before a grand jury early next week to present the results of their investigation into election interference by former President Donald J. Trump and his allies, raising the possibility that within days Mr. Trump could face a fourth criminal indictment.On Saturday, two witnesses who have received subpoenas to testify before the grand jury — Geoff Duncan, the former lieutenant governor of Georgia, and George Chidi, an independent journalist — revealed that they had received notices to appear before the grand jury on Tuesday. A spokesperson for the Fulton County district attorney’s office, which conducted the investigation, could not be reached for comment on Saturday.Former President Donald Trump at the Iowa State Fair on Saturday.Maddie McGarvey for The New York TimesWhy It MattersA state-level indictment of Mr. Trump in Georgia would follow closely on the heels of a federal indictment, unveiled this month, that is also related to the former president’s attempts to overturn the results of the 2020 election. But unlike with federal convictions, Mr. Trump, if re-elected president, could not attempt to pardon himself if convicted of state crimes in Georgia.Moreover, while the federal case brought by the special counsel Jack Smith names only Mr. Trump, details have surfaced suggesting that a Georgia indictment could name numerous people, some of them well known and powerful, who played roles in the multipronged effort to help Mr. Trump overturn his narrow 2020 election loss in the state.Mr. Chidi informed The New York Times on Saturday that he had received the notice to appear. Mr. Duncan on Saturday told CNN, where he is an on-air contributor, that he had received the notice to appear.BackgroundFani T. Willis, the Fulton County district attorney, has spent two and a half years investigating whether Mr. Trump and his allies interfered in the 2020 election in the state. Other investigations of the former president have resulted in indictments in New York, Florida and Washington, D.C.In New York, Mr. Trump was indicted in April on state charges stemming from his alleged role in paying hush money to a porn star. In June, he was indicted in Miami in a federal case related to his alleged mishandling of classified documents; the federal indictment regarding election interference came on Aug. 1.Mr. Trump has pleaded not guilty in those cases.The Georgia investigation may be the most expansive legal challenge yet to the efforts that Mr. Trump and his advisers undertook to keep him in power. Nearly 20 people are known to have been told that they could face charges as a result of the investigation.Mr. Trump’s lawyers have described an indictment in Georgia as a foregone conclusion in recent legal filings, and the forewoman of a special grand jury that heard evidence for several months last year strongly hinted afterward that the group, which served in an advisory capacity, had recommended Mr. Trump for indictment.What’s NextIf Mr. Trump is indicted in Georgia, he will have to travel to Atlanta in the days or weeks afterward to be booked and arraigned. Numerous security measures are in place at the courthouse, including orange barriers that now ring the downtown court complex. More

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    Where’s the Vicuña Outrage?

    Three men walk into a courtroom, as August heats up.WASHINGTON — For a quiet summer Friday, there was quite a cacophony. Donald Trump crashing around. Clarence Thomas cashing in. Hunter Biden spinning out.News about these men rocked the capital. Yet there is something inevitable, even ancient, about the chaos enveloping them. Fatal flaws. Mythic obsessions. Greed. Revenge. Daddy issues. Maybe a touch of Cain and Abel.It’s all there, part of a murky cloud reaching from the E. Barrett Prettyman United States Court House to the Supreme Court to the Justice Department to the White House.On Thursday, ProPublica dropped a scalding piece about the abominable behavior of Clarence Thomas, following up on its revelations about Harlan Crow paying for Thomas’s luxury trips, his mother’s house in Georgia and private school tuition for his grandnephew. This one is headlined: “The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel.”In the old days, there was shame attached to selling your office. There was a single word that encapsulated such an outrage: vicuña. President Dwight Eisenhower’s chief of staff, Sherman Adams, accepted a vicuña coat from a Boston textile manufacturer doing business with the federal government. He lost his job and scarred his reputation.Now Thomas sneers at the law by failing to disclose gifts from billionaires eager to gain influence. (The gifts also benefited his wife, Ginni Thomas, who tried to help Trump overthrow the government.)ProPublica told the ka-ching: “At least 38 destination vacations … 26 private jet flights … a dozen V.I.P. passes to professional and college sporting events … two stays at luxury resorts … and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast.”Thomas is abiding by the adage that living well is the best revenge. He never got over the humiliation of the Anita Hill hearings, even though his allies smeared Hill as he lied his way to Senate confirmation. (Thanks, Joe Biden!) He came out of it feeling angry and vindictive. He got on the court, muscling past questions about his legal abilities and ethical compass by pushing the story that he was a guy who worked his way up from poverty.The justice polished that just-folks image over the years by going on R.V. vacations with his wife to escape the “meanness” of Washington. But as The Times reported last weekend, the $267,230 Prevost Le Mirage XL Marathon R.V., which Thomas told friends he had scrimped and saved to afford, was actually underwritten by Anthony Welters, a friend who made a bundle in health care.Thomas is ruining the court’s image and, with the help of other uber-conservatives, he’s undoing our social constructs, causing many Americans to rebel.At a hearing Friday, the federal judge overseeing the case against Trump for conspiring to purloin Biden’s election victory made a brisk start. “The fact that he is running a political campaign has to yield to the administration of justice,” Judge Tanya Chutkan informed Trump’s lawyers. “And if that means he can’t say exactly what he wants to say in a political speech, that is just how it’s going to have to be.”This will be tough for Trump because, as David Axelrod says, “the sense that he is being tried for political reasons is the essence of his campaign.”The judge warned Trump’s lawyers, “To the extent your client wants to make statements on the internet, they have to always yield to witness security and witness safety,” adding, “I will take whatever measures are necessary to safeguard the integrity of these proceedings.”Trump was warped by a father who told him, You’re either a killer or a loser. He couldn’t tolerate losing in 2020 so he concocted a scheme to become a killer — of democracy.Trump reminds me of fairy-tale figures — like Midas or the ballerina in “The Red Shoes,” a movie drawn from a fairy tale — who crave something so badly, they follow it down a destructive path. Trump refused to let go of the spotlight. He wanted all the attention and now it’s going to crush him.Like Thomas, Trump is driven by revenge. We shouldn’t hand power to people whose main motive is doing bad stuff to other people.A few blocks from Judge Chutkan’s courthouse, Merrick Garland emerged Friday with an announcement that surprised the White House — he was elevating the Hunter Biden prosecutor to a special counsel.This ratchets up the White House family drama. Beau was the ballast for the Bidens. Now he is his father’s hero, which is bound to make the troubled Hunter feel like a zero.Joe Biden should have reined in Hunter when he began living off his dad’s positions and connections. But the president, who lost two kids and nearly lost this one, is clearly paralyzed when it comes to Hunter.With Hunter likely going on trial, and the 2024 race underway, it will be harder for the president to argue that Trump is the one with all the legal and ethical albatrosses.Hunter is staining his father’s campaign, as Thomas is smearing the Roberts court, as Trump is dragging down the G.O.P.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’s Political Orbit, Amid Spiraling Legal Bills, Faces a Cash Crunch

    The former president’s political orbit, including the super PAC that backs him, is already spending more than it is taking in — an unusual trajectory this far out from an election.Donald J. Trump’s legal problems aren’t just piling up — his legal bills are, too.New financial reports show that the former president’s various political committees and the super PAC backing him have used roughly 30 cents of every dollar spent so far this year on legal-related costs. The total amounts to more than $27 million in legal fees and other investigation-related bills in the first six months of 2023, according to a New York Times analysis of federal records. That $27 million in legal costs includes Mr. Trump paying at least eight law firms more than $1 million each in the first half of 2023, part of a sizable set of legal billings expected to spiral upward in the coming months as his overlapping criminal cases wind their way toward courtrooms in New York, Florida and Washington, D.C.The new disclosures revealed the remarkable degree to which Mr. Trump’s political and legal cash are intermingled, much like his own political and legal fate.Mr. Trump’s complex political orbit is already spending more than it is taking in, and tapping into money it raised years ago — an unusual trajectory this far out from an election. And the burn rate raises questions about whether such an approach is untenable, or whether Mr. Trump will eventually need to dip into his own fortune to pay for his lawyers, his 2024 campaign or both.It is a step that the famously tightfisted Mr. Trump has resisted taking, even as his advisers have begun planning behind the scenes for a potential political cash crunch months before the primaries begin.Mr. Trump is not known for long-term planning, so it remains unclear how much he has focused on the intricate challenges of financing his campaign in the coming months. Some close to him say they are reassured by the fact that if he becomes the presidential nominee again, he can rely on the Republican Party to provide financial support. “President Trump continues to be the campaign fund-raising leader due to the support from voters who recognize this as an illegal witch-hunt,” said Steven Cheung, a spokesman for Mr. Trump, in a statement. “As President Trump has said, he will spend whatever it takes to defeat the Deep State and Crooked Joe Biden.”All told, the political committees that Mr. Trump directly controls, along with the independently operated super PAC devoted exclusively to helping him, are spending more than they raised so far in 2023 — largely because of his legal expenditures, the filings show.Those entities brought in $67.2 million in new donations in the first half of the year and spent about $90 million in the same period. Most of the money that went to legal fees did not come from new donations, the records show. Save America, the PAC doing the bulk of the legal spending, raised much of its funds in the aftermath of the 2020 election and plunged $16 million into legal expenses in 2022. It’s nearly been bled dry.“This is going to be an incredibly expensive proposition,” said Ben Brafman, a prominent criminal defense lawyer who is not involved in Mr. Trump’s cases. Of Mr. Trump’s three indictments, he added, “Not only is he now dealing with three separate jurisdictions, and nobody really knows which case is going to come first, but they all need to be investigated, researched and prepared at the same time by his attorneys.”Trump Entities Have Plunged Millions Into Legal ExpensesData is for Jan. 1 through June 30. More

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    Unsafe Roads: The Perils of Riding E-Bikes

    More from our inbox:Why Indictments Boost Trump’s PopularityRename the Audubon SocietyRon DeSantis, BullyAshely Kingsley and her daughter, Scout, at Charlie’s Electric Bike store in Encinitas, where they were renting e-bikes for the day.Ariana Drehsler for The New York TimesTo the Editor:Re “Teenagers’ Accidents Expose the Risks of E-Bikes” (front page, July 31):While it is clear that stronger regulation around the speeds of e-bikes is needed, roadway design determines the safety of our communities.What we are seeing is the deadly consequences of a system built for cars and cars only. As one of the people quoted in the article notes, the bikes’ speed is “too fast for sidewalks, but it’s too slow to be in traffic.”In a better system, bikes and cars would not have to share the road, and our roads would be designed to accommodate the reality that people get around in different ways, and everyone deserves to get around safely.Bikes are not motorcycles, and they should not be treated as if they were. These crashes are happening because people on bikes are forced to use unsafe roadways around cars that are often going too fast.Earl BlumenauerPortland, Ore.The writer, a member of Congress, is the founder and co-chair of the Congressional Bicycle Caucus.To the Editor:I have been riding motorcycles since 1972. One of the first things you learn, either from hard experience or from older riders, is that you are invisible to most traffic. They aren’t looking for you, so they don’t see you. E-bikes are even smaller, so the problem is likely worse.I rode one of the faster e-bikes about a month ago. It had a top speed of 35 miles per hour and was much closer to being a motorcycle than a bicycle. Parents, law enforcement and legislators need to wake up to that reality.Dale LeppoHudson, OhioTo the Editor:While “Teenagers’ Accidents Expose the Risks of E-Bikes” demonstrates the need for safety in planning and organizing the e-bike rollout, I think it’s important to note that the deaths and injuries cited are due to car drivers, not e-bike riders.As the article states, 15-year-old Brodee Champlain “did everything right,” including signaling to make a left turn, before a driver hit him. To frame such accidents as the fault of the e-bike is blaming the victim rather than the cause.Nor is this a problem that will be helped by slowing the introduction of e-bikes to our streets. The fewer people driving cars, the fewer e-bike accidents there will be.The best way, then, to make cyclists safer is to build up the cycling infrastructure and substantively change our cities’ car-centric design, rather than trying to regulate e-bikes around two-ton vehicles that are far deadlier.Charles BonkowskySalt Lake CityThe writer is an intern at the Salt Lake City Sustainability Department.To the Editor:As a former New Yorker, I thought I was accustomed to the perils of pedestrians when out and about, but I had a rude awakening upon moving to Southern California, where e-bikes are ubiquitous. The amazing climate and hilly terrain make it easy to understand why e-bikes have become so popular here, and they provide a handy alternative form of transportation for kids with busy parents.But seeing young people, often preteens, zip around at 30-plus miles an hour while looking at their phones or drinking a soda makes me concerned for the pedestrians who share the sidewalks with them and for the kids themselves.Regulation is needed before more lives are lost.Leigh JonesAliso Viejo, Calif.Why Indictments Boost Trump’s Popularity Mark Peterson for The New York TimesTo the Editor:Re “Each Indictment Solidifies Trump’s Base,” by Rich Lowry (Opinion guest essay, Aug. 8):Mr. Lowry points out that Donald Trump’s recent indictments have enhanced his popularity with the Republican base.It is not that his supporters like him despite his wrongdoing; they adore him specifically because he thumbs his nose at the laws, rules and institutions that are the basis for our democracy. They are angry at the status quo and the foundational aspects of our government, and Mr. Trump appears anathema to what they perceive as the “deep state.”Mr. Lowry glosses over the Russia investigation and claims that in the end Mr. Trump was “vindicated.” This is nonsense. A clear case was made that Mr. Trump obstructed justice in the Mueller inquiry. Since he was never indicted for his attempts to thwart that investigation, he continued to obstruct justice in the cases for which he will now have to appear before a judge and jury.The next two years will test this nation in many ways because of the actions of Donald Trump.Ellen Silverman PopperQueensTo the Editor:During every campaign Republican politicians and pundits like Rich Lowry pound their fists and scream about “law and order!” But when it comes to Donald Trump’s rampant criminality, they promote every excuse in the book not to hold him accountable — the most ridiculous one being that it will just make him more popular with the MAGA crowd.We’ve heard that since the day Mr. Trump boasted about hypothetically shooting a person on Fifth Avenue with no loss of support. We’ve heard it a thousand times. His supporters’ sense of perpetual grievance is being fanned daily on Fox and Breitbart and even in the pages of Mr. Lowry’s publication, National Review.Mr. Lowry should have used his essay not to reinforce predictable right-wing talking points, but to persuade people on his side of the aisle that these indictments are not only appropriate, but absolutely critical to a healthy, functioning democracy.Bud LaveryHighland, N.Y.Rename the Audubon Society Hannah Beier for The New York TimesTo the Editor:“Rising Racial Tensions Shake a Tranquil Pastime” (front page, Aug. 9) reports on a feud within the National Audubon Society, including “the question of whether the conservation group should drop its eponym, John James Audubon, who owned slaves.”I grew up worshiping the Audubon “brand” as a youthful birder, spent the better part of 20 years on the staff of the Audubon Society, and have studied and written about the life of John James Audubon. (Parts of a biographical sketch I wrote are still found on the Audubon.org website.)Here’s why I think the Audubon name should be dropped.It is essential in 2023 that we welcome birders of every background to the movement. The future of conservation depends on it. Social justice and conservation are deeply intertwined; they point to a sustainable future. And names are just a cultural artifact. There is no compelling reason to keep the Audubon name, just as we wouldn’t do for other enslavers and Confederate generals.I have a suggestion: Rename it the American Society for the Protection of Birds, to borrow a page from our friends across the pond in the Royal Society for the Protection of Birds. Problem solved.Fred BaumgartenHaydenville, Mass.Ron DeSantis, BullyGov. Ron DeSantis of Florida, speaking in Cedar Rapids, Iowa, this month.Rachel Mummey for The New York TimesTo the Editor:Re “DeSantis Suspends a 2nd Elected Prosecutor in Florida, a Democrat in Orlando” (news article, Aug. 10):Our hapless governor and would-be president, Ron DeSantis, goes back to the only thing that’s consistently worked for him: bullying.David ReddyTampa, Fla. More

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    How to Beat Donald Trump

    Michelle Cottle, Ross Douthat and Listen to and follow ‘Matter of Opinion’Apple Podcasts | Spotify | Amazon MusicDonald Trump was impeached twice. He has been indicted three times. He lost the 2020 election. And yet he’s the clear Republican front-runner for 2024.Today on “Matter of Opinion,” Michelle Cottle, Ross Douthat and Carlos Lozada explore how Trump has created a winning political strategy and what his potential nomination could mean for Joe Biden, the Republican Party and the future of the country.Illustration by The New York Times; photograph by Scott Eisen/Getty ImagesMentioned in this episode:“The Normal Paths to Beating Trump Are Closing,” by Ross Douthat for The New York Times“The Right Way to Resist Trump,” by Luigi Zingales in The New York Times“Rules for Resistance: Advice From Around the Globe for the Age of Trump,” by David Cole and Melanie Wachtell Stinnett“Trump and Allies Forge Plans to Increase Presidential Power in 2025,” by Jonathan Swan, Charlie Savage and Maggie Haberman for The New York Times“So Help Me God,” by Mike Pence“The Imperial Presidency,” by Arthur M. Schlesinger Jr.Thoughts? Email us at matterofopinion@nytimes.com.Follow our hosts on X: Michelle Cottle (@mcottle), Ross Douthat (@DouthatNYT) and Carlos Lozada (@CarlosNYT).“Matter of Opinion” is produced by Phoebe Lett, Sophia Alvarez Boyd and Derek Arthur. Edited by Stephanie Joyce. Mixing by Pat McCusker. Original music by Isaac Jones, Efim Shapiro, Carole Sabouraud, Sonia Herrero and Pat McCusker. Our fact-checking team is Kate Sinclair, Mary Marge Locker and Michelle Harris. Audience strategy by Shannon Busta and Kristina Samulewski. Our executive producer is Annie-Rose Strasser. More

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    Let’s Have a Face-Off on Trump’s Indictment

    The latest Trump indictment is much more complicated than the first two Trump indictments and probably any indictment that would come out of Fulton County, Ga. It attacks a scheme that played out across several weeks, in several states, involving dozens of others, including Trump-allied activists, those cited as co-conspirators and G.O.P. hacks who tried to overturn the 2020 election in state after state.I thought the best way to understand the challenges the prosecution and the defense would face before jurors and appellate judges would be to let both sides have their say — through me. Each side’s factual and legal arguments will play out in hundreds of pages of briefs and countless hours of trial testimony and oral advocacy. Let me cut to the chase, arguing the primary issues without, I hope, losing too much of the complexity of the case.Imagine two lawyers arguing their cases for you, a nonlawyer:Prosecution: Look, I know the indictment is long — and the trial may well last for weeks — but the elevator pitch is simple. Donald Trump conspired with a number of other individuals to overturn an election that he knew he lost. That scheme included a number of elements, from deliberately lying to state legislators to defraud them into altering the results to orchestrating a fake elector scheme that cast sham Electoral College votes to threatening a state official to help Trump “find” the votes necessary to change the outcome in Georgia.Defense: Sure, that all sounds compelling, but on closer examination, the case collapses. Let’s just start with the word “knew.” You’re going to present evidence that a number of administration officials and others rendered an opinion that the election was fair and that Joe Biden won. We’re going to present evidence that Trump received an avalanche of legal counsel to the contrary. He heard from lawyer after lawyer who told him that there may well have been decisive amounts of fraud in key swing states. Trump heard from two sets of lawyers who disagreed with each other, and he decided to follow the advice of one team of attorneys over the other. Following bad legal advice shouldn’t land anyone in jail.And you well know that each and every statute in your indictment requires a showing of criminal intent. For example, your most attention-grabbing count — 18 U.S.C. Section 241 — which protects the right to vote from criminal conspiracies, requires proving my client possessed “the intent to have false votes cast.” He intended for electors to cast true votes, in his favor.You also know that the viability of two other counts — obstruction of an official proceeding and conspiracy to obstruct an official proceeding — “hangs on by a thread,” in the words of Lawfare’s Saraphin Dhanani. The statute itself is poorly written and may not even apply to Trump’s conduct, and the intent requirement may be more strenuous than you believe. After all, in an appeals court ruling upholding a verdict against a Jan. 6 defendant, Judge Justin Walker wrote in his concurrence that to prove corrupt intent, you don’t just have to prove a defendant knew he was obtaining an unlawful benefit but also that obtaining that unlawful benefit was his “objective” or “purpose.”Good luck making that case. Trump’s objective was to expose fraud.Prosecution: The people you call Trump’s lawyers, we call his co-conspirators. A number of the people that you say Trump relied on weren’t providing legal counsel in good faith; they were scheming right along with him to commit crimes. And you don’t have to trust my word on that. Look at court cases and bar actions. Several of Trump’s co-conspirators have been fined by courts and now face the potential loss of their law licenses because of the advice they gave.In fact, “advice” is the wrong word. Lawyers aren’t fined and disbarred for giving good-faith legal advice. But co-conspirators are punished for breaking the law.Moreover, you might fool Trump supporters, but you won’t fool the jury. Proving intent is not nearly as difficult as you’re telling the public. Defendants lie about their intentions all the time, and juries are fully capable of seeing through those lies. We’re going to show the jury that every credible official gave Trump the same advice, and we’re going to show that Trump thought at least some of his allies’ advice was “crazy” and that he thought Mike Pence was “too honest.” Cassidy Hutchinson told the House Jan. 6 committee that Trump told his chief of staff, Mark Meadows, something like, “I don’t want people to know we lost, Mark. This is embarrassing. Figure it out. We need to figure it out. I don’t want people to know that we lost.”The man wasn’t trying to expose fraud. He was committing fraud.Defense: You believe that Trump told Pence he was too honest? Or that he said Sidney Powell’s case was crazy? Your witnesses are lying. He never said Pence was too honest.Prosecution: So you’re telling me that Trump is going to take the stand and deny those statements to the jury? And then I get to cross-examine him?Defense: I’ll get back to you on that.Prosecution: And don’t get me started on that First Amendment defense I’ve watched you make on Fox News. First-year law students learn, as a former federal prosecutor told The Times, “there is no First Amendment privilege to commit crimes just because you did it by speaking.” Look at the indictment again. We acknowledge that Trump had the right to challenge the election and to file all those absurd lawsuits. We’re not indicting him for any of that. We’re not even indicting him simply for lying. We know that politicians have lied about elections practically since the founding of this country. We’re indicting him for entering into conspiracies, and we both know there is no First Amendment privilege to conspire to cast false electoral votes. Courts have heard cases involving fraud and conspiracies against rights — including voting rights — for decades, and the First Amendment doesn’t shield proven conspirators from criminal liability.Defense: So we’re talking about court precedents now, are we? The key precedents you cite are old. The most important Supreme Court precedent involving conspiracies against rights was written by Thurgood Marshall. Let’s just say that his jurisprudence is out of fashion with the court’s conservative majority.In reality, the Supreme Court has been busy narrowing the reach of federal fraud statutes. If you haven’t read National Review’s editorial about the case, I’d urge you to read it now. Fraud statutes are designed to prevent citizens from swindling the government out of money or tangible property. The obstruction statute is designed to stop witness tampering or destruction of evidence, not to stop litigants from making bad legal arguments about election fraud. And the conspiracy-against-rights count applies a Reconstruction-era statute that was designed to, as National Review argues, “punish violent intimidation and forcible attacks” against Black Americans who tried to vote.In other words, even if you prove the facts of your case, the statutes just don’t apply.Prosecution: Yes, I’ve read the National Review editorial, but might I direct you to the former prosecutor Ken White’s comprehensive response? The bottom line is that you’re describing what you want the law to be, not what the law is. For example, your arguments about the fraud count don’t apply to the actual fraud statute we charged. Moreover, National Review’s interpretation of the law conflicts with court precedent that’s more than a century old.In 1910 the court wrote that the definition of a conspiracy to defraud the United States “is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government.”I know you don’t think that Section 1512, the obstruction statute, applies to this case, but the United States Court of Appeals for the D.C. Circuit upheld our broader interpretation just this April — in a case you already cited, by the way. You’re banking on the Supreme Court disagreeing with a decision rendered by a circuit court majority that included a judge who once clerked for Brett Kavanaugh.As for Section 241, which prohibits a “conspiracy against rights,” once again our interpretation of the statute is supported by generations of precedent. A review of relevant case law takes us from a series of critical cases in the 1930s to the 1974 Supreme Court opinion I talked about earlier and to a conviction this year of a man named Douglass Mackey. He engineered a scheme to deceive Hillary Clinton voters into “voting” by text message rather than casting an actual, legal ballot. His scheme wasn’t violent or forcible, but it was certainly illegal.Look, lawyers make good-faith arguments to reverse or revise precedent all the time. Sometimes those arguments succeed. But you need to tell your client that the existing case law is on my side, not yours, and if he is resting his defense on the Supreme Court coming to his aid, you might want to remind him that even the justices he appointed rejected or refused to hear his legal arguments many times before.Defense: There’s a Supreme Court case you failed to mention, McDonnell v. United States. I know it doesn’t involve the statutes at issue here, but the case shows the Roberts court’s desire to narrow broad criminal statutes. A unanimous Supreme Court threw out the conviction of the former Virginia governor Robert McDonnell on the grounds that the lower courts had construed the term “official act” too broadly in a bribery case. This is a clear indication that the Supreme Court is looking to limit, not expand, the interpretation of federal criminal statutes.Also, remember the rule of lenity? When a law is unclear or ambiguous, the benefit of the doubt goes to the defendant, not the government. And again, this is a principle embraced by justices across the ideological spectrum. This term, the court used the rule of lenity to rule in favor of a defendant in a Bank Secrecy Act case, and Justices Ketanji Brown Jackson and Neil Gorsuch were in lock step agreement. I can read the judicial signs, and the signs point toward narrowing the law.Prosecution: We’re not applying new or novel interpretations to criminal law. Every single count is supported not just by the text but also by a vast amount of precedent. You say the age of our precedent is a problem. I say it’s an advantage. The law has already been interpreted. It is already clear. There is no legal ambiguity in casting fake electoral votes or in utilizing clear threats of criminal prosecution to try to coerce state officials to change the outcome of an election.Your best legal argument rests on what the law might be. Our legal argument rests on what the law actually is. You need to disrupt American law to prevail. We simply need to persuade a conservative court to remain conservative, to follow its instincts to resist radical change.Defense: We’ve not yet begun to fight. I’ve barely scratched the surface of your proof problems. Your indictment might fool Democrats and those Never Trump traitors, but it doesn’t fool me. For example, in Paragraph 66 of the indictment, you say that “fraudulent electors convened sham proceedings” to cast “fraudulent electoral ballots” at the “direction” of Trump.But that’s a conclusory statement. Where is the actual evidence that he was in command of that process and not one of his lawyers and allies? You’re making a big, bold claim, and that’s going to require big, bold evidence. And that indictment just doesn’t deliver the goods.Prosecution: The indictment describes in detail Trump’s intimate cooperation with his co-conspirators. Are you arguing they were acting on their own? That Trump was just a bystander to the fraudulent efforts on his behalf? Trump was so involved in the effort to overturn the election that he made calls. He said Georgia’s secretary of state and legal counsel faced a “big risk” of criminal prosecution if they (as we said in our indictment) “failed to find election fraud as he demanded.” He called the Republican National Committee chairwoman to put the fake electors plan in motion. Yes, Trump had free-agent allies who tried to help him steal the election, but none of the co-conspirators were free agents. They were all his partners in crime. Besides, as you well know, this indictment is the summary of our evidence, not the sum total of our evidence. Not only do we possess the evidence sufficient to make that claim; the grand jury is still at work.I think this exercise spotlights the most important issues, for now. Both sides have barely begun to fight, and the public has barely begun to consider the full range of evidence and arguments in the case.Moreover, this piece doesn’t deal at all with the effect of the prosecution on the body politic. On Tuesday, The Times published a compelling piece by a Harvard Law School professor, Jack Goldsmith, warning of the consequences of prosecuting a former president during an election campaign.My view is that the American government faces greater risks if prosecutors don’t try to punish Trump for his coup attempt. As I wrote on the day of the indictment, it’s necessary to prosecute Trump on these facts — not because a conviction is inevitable but because our nation cannot set a precedent that presidents enjoy a zone of impunity for their misconduct that no other citizen enjoys.I wouldn’t just be comfortable bringing this case to a jury; I’d be eager to make my argument. But I’d also know that Trump’s legal team has its own defenses, and it’s far from certain that a judge or a jury will agree with the prosecution’s case. But democracies aren’t sustained without risk, and prosecuting Trump is a risk our nation needs to take.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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    A Bipartisan Plan to Limit Big Tech

    More from our inbox:DeSantis Admits the Inconvenient Truth: Trump LostScenarios for a Trump Trial and the Election‘Thank You, Mr. Trump’Mushroom CloudsMacho C.E.O.s Erik Isakson/DigitalVision, via Getty ImagesTo the Editor:Re “We Have a Way for Congress to Rein In Big Tech,” by Lindsey Graham and Elizabeth Warren (Opinion guest essay, July 27):The most heartening thing about the proposal for a Digital Consumer Protection Commission is its authorship.After years of zero-sum legislative gridlock, to see Senators Warren and Graham collaborating is a ray of hope that governing may someday return to the time when opposing parties were not enemies, when each party brought valid perspectives to the table and House-Senate conference committees forged legislation encompassing the best of both perspectives.David SadkinBradenton, Fla.To the Editor:Senators Lindsey Graham and Elizabeth Warren propose a new federal mega-regulator for the digital economy that threatens to undermine America’s global technology standing.A new “licensing and policing” authority would stall the continued growth of advanced technologies like artificial intelligence in America, leaving China and others to claw back crucial geopolitical strategic ground.America’s digital technology sector enjoyed remarkable success over the past quarter-century — and provided vast investment and job growth — because the U.S. rejected the heavy-handed regulatory model of the analog era, which stifled innovation and competition.The tech companies that Senators Graham and Warren cite (along with countless others) came about over the past quarter-century because we opened markets and rejected the monopoly-preserving regulatory regimes that had been captured by old players.The U.S. has plenty of federal bureaucracies, and many already oversee the issues that the senators want addressed. Their new technocratic digital regulator would do nothing but hobble America as we prepare for the next great global technological revolution.Adam ThiererWashingtonThe writer is a senior fellow in technology policy at the free-market R Street Institute.To the Editor:The regulation of social media, rapidly emerging A.I. and the internet in general is long overdue. Like the telephone more than a century earlier, as any new technology evolves from novelty to convenience to ubiquitous necessity used by billions of people, so must its regulation for the common good.Jay P. MaillePleasanton, Calif.DeSantis Admits the Inconvenient Truth: Trump Lost Rachel Mummey for The New York TimesTo the Editor:Re “DeSantis Acknowledges Trump’s Defeat: ‘Of Course He Lost’” (news article, Aug. 8):It is sad to see a politician turn toward the hard truth only in desperation, but that is what the failing and flailing Republican presidential candidate Ron DeSantis has done.Mr. DeSantis is not stupid. He has known all along that Joe Biden was the legitimate winner of the 2020 presidential election, but until now, he hedged when asked about it, hoping not to alienate supporters of Donald Trump.Now Mr. DeSantis says: “Of course he lost. Joe Biden is the president.”In today’s Republican Party, telling the inconvenient truth will diminish a candidate’s support from the die-hard individuals who make up the party’s base.We have reached a sad point in the history of our country when we have come to feel that a politician who tells the truth is doing something extraordinary and laudable.Oren SpieglerPeters Township, Pa.Scenarios for a Trump Trial and the Election Doug Mills/The New York TimesTo the Editor:Re “Layered Case in Indictment Reduces Risk” (news analysis, front page, Aug. 6):It may well be that the special prosecutor, Jack Smith, has fashioned an indictment ideally suited for achieving a conviction of Donald Trump. However, even in the event that the trial comes before the election, there is little reason to believe that it will relieve us of the scourge of Mr. Trump’s influence on American life.First, there is the possibility of a hung jury, even in Washington, D.C. Such an outcome would be treated by Trump supporters as an outright exoneration.A conviction would not undermine his support any more than his myriad previous shocking transgressions. While the inevitable appeals would last well past the election, his martyrdom might improve his electoral chances.And were he to lose the election, he would surely claim that he lost only because of these indictments. Here he would have a powerful argument because so many of us hope that the indictments will have precisely that effect.The alternative, that he wins the election, either before or after the trial, is too dreadful to contemplate.If there is anything that can terminate the plague of Trumpism, it is for a few prominent Republicans whose seniority makes their voices important — Mitch McConnell, Mitt Romney and George W. Bush — to speak out and unequivocally state that Donald Trump is unfit for office. That they all believe this is generally acknowledged.If they fail to defend American democracy at this time, they will be complicit in what Trumpism does to the Republican Party and to the Republic.Robert N. CahnWalnut Creek, Calif.‘Thank You, Mr. Trump’Former President Donald Trump has made his 2024 race principally about his own personal grievances — attempting to convince supporters to see themselves in him.David Degner for The New York TimesTo the Editor:Re “Playing Indicted Martyr, Trump Draws In His Base” (news article, Aug. 9):Thank you, Mr. Trump, for sacrificing yourself for the greater good. And when you spend years and years and years in prison, we will never forget what you did to (oops, I mean for) us.Winnie BoalCincinnatiMushroom Clouds U.S. Department of DefenseTo the Editor:Re “A Symbol Evoking Both Pride and Fear,” by Nicolas Rapold (Critic’s Notebook, Arts, Aug. 1):Richland High School in Washington State is in an area, highly restricted during World War II, where plutonium essential to building the first atomic bombs was produced. As in areas of New Mexico, there have been numerous “downwind” cancer cases, as well as leakage of contaminated water into the Columbia River basin.Bizarrely, Richland High’s athletic teams are called the Bombers; a mushroom cloud is their symbol on uniforms and the gym floor. This must be the worst “mascot” on earth.Nancy AndersonSeattleMacho C.E.O.s Illustration by Taylor CalleryTo the Editor:Re “We’re in the Era of the ‘Top Gun’ C.E.O.” (Sunday Business, July 30):The propensity of the current class of business leaders to grab at team-building gimmicks knows no bounds. Simulating the role of fighter pilots at $100,000 a pop might give a C.E.O. a fleeting feeling of exhilaration, but it is a poor substitute for actual team-building.That happens when organizations and compensation levels are flattened to more down-to-earth levels. With some C.E.O.s pulling in pay rewards that are hundreds, if not thousands, of times more than their median employee, team-affirming commitment in the boardroom is far from genuine.Employees are not fooled by C.E.O.s trying to play Top Gun for a day, and making more in that short time than most employees will earn in a year.J. Richard FinlayTorontoThe writer is the founder of the Finlay Center for Corporate and Public Governance. More

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    Trump Tells Supporters His Indictments Are ‘For You’ on 2024 Campaign Trail

    The former president, who has made his 2024 campaign principally about his own personal grievances, is attempting to convince supporters to see themselves in him.As lawyers for Donald J. Trump float various legal arguments to defend him in court against an onslaught of criminal charges, the former president has settled on a political defense: “I’m being indicted for you.”In speeches, social media posts and ads, Mr. Trump has repeatedly declared the prosecutions a political witch hunt, and he has cast himself as a martyr who is taking hits from Democrats and the government on their behalf.“They want to take away my freedom because I will never let them take away your freedom,” Mr. Trump told the crowd at a campaign event in New Hampshire on Tuesday. “They want to silence me because I will never let them silence you.”In two previous campaigns, 2016 and 2020, Mr. Trump presented himself to voters as an insurgent candidate who understood their grievances and promised to fight for them. Now, however, Mr. Trump has made his 2024 race principally about his own personal grievances — attempting to convince supporters to see themselves in him. He continues to argue, falsely, that the 2020 election was stolen from him, and to present it as a theft also against his voters. The legal jeopardy he now faces from multiple indictments, he tells followers, is the sort of persecution that they, too, could suffer.There is evidence that the message is resonating.Lorraine Rudd, who attended Mr. Trump’s appearance in New Hampshire, said that after his third indictment last week, in a point-by-point 45-page account of his efforts to overturn the 2020 election, she felt that she, too, could be wrongly prosecuted.“If they can do it to him and take him down, they can come for me,” Ms. Rudd, a 64-year old Massachusetts resident, said.She said she firmly agreed with Mr. Trump’s false claim that he won the 2020 election. “What, am I next?” she said.In March, when Mr. Trump announced his candidacy before any indictments, he told supporters, “I am your retribution.” The shift to the recent plaint of “I am being indicted for you” suggests a further tailoring of his campaign pitch, as he paints the criminal cases against him as an effort to prevent him from returning to the White House.In June, after being charged with retaining government secrets, Mr. Trump told a Republican gathering in Michigan: “Essentially, I’m being indicted for you.”On Aug. 3, the day of his third indictment, for seeking to overturn the 2020 election, Mr. Trump posted on his social media site that facing fraud and obstruction charges in Washington was an “honor” because, as he wrote in all caps, “I am being arrested for you.”Portraying himself as a victim of the criminal justice system — and echoing themes from when he faced an investigation over Russian influence in the 2016 campaign and his first impeachment — has served to consolidate Republican support around Mr. Trump.Since his very first indictment in March, in New York on charges related to payments to a porn star, Republican voters have buoyed Mr. Trump in polls. Congressional Republicans, mindful that the party base has largely embraced Mr. Trump’s lies about the 2020 election, have leaned into investigations of what they call the “weaponization” of federal law enforcement. And many of Mr. Trump’s 2024 Republican rivals have repeated his pledge to fire the F.B.I. director and end the Justice Department’s traditional independence from the White House.In a New York Times/Siena College poll released last week, before Mr. Trump’s latest indictment, 71 percent of Republican voters said he had not committed serious federal crimes and that Republicans needed to stand behind him.When a long-shot challenger of Mr. Trump, former Representative Will Hurd of Texas, told a Republican gathering in Iowa recently that the former president was running not to represent people who supported him in 2016 or 2020 but “to stay out of prison,’’ Mr. Hurd was booed.In public comments, Mr. Trump’s lawyers have indicated they will mount a free-speech defense in the latest case related to the 2020 election. They have argued that anything Mr. Trump said leading up to the Jan. 6, 2021, riot were merely “aspirational” requests. Those include lying about widespread fraud to voters, pressuring Mr. Pence to ignore the Constitution and asking Georgia’s secretary of state to “find” enough additional votes to help him win the state.The former president and his allies in the conservative media and in Congress are simultaneously waging a battle for public opinion by accusing Hunter Biden, President Biden’s son, of misconduct in business dealings and trying to tie allegations of shady practices to Mr. Biden himself when he was vice president. Investigations led by House Republicans have turned up no evidence of wrongdoing by President Biden, but the effort has convinced many Republicans that Mr. Trump’s indictments are part of a conspiracy to divert scrutiny from Mr. Biden and his family.On Tuesday, Mr. Trump promised to appoint a special prosecutor to investigate the Bidens, his likely political rival should he win the G.O.P. nomination. He also continued his personal attacks on Jack Smith, the special counsel in the federal cases against Mr. Trump, calling him “deranged.”And without referring to her by name, he criticized Fani T. Willis, the district attorney in Fulton County, Ga., who is Black, as a “racist.” She is overseeing a separate investigation into alleged efforts by Mr. Trump and his allies to interfere with the election in the state, where he lost to President Biden.With Mr. Trump dominating every Republican primary poll, a few 2024 rivals have lately been more direct in challenging him on the subject of the 2020 election.Gov. Ron DeSantis of Florida said this week that “of course” Mr. Trump lost re-election in his most blunt acknowledgment yet of a reality he has tiptoed around for three years. Former Vice President Mike Pence, who could be a star witness in a trial focused on Jan. 6, said that Mr. Trump pushed him to “essentially overturn the election.”Roughly an hour northwest of Mr. Trump’s rally on Tuesday night, former Gov. Chris Christie of New Jersey, one of Mr. Trump’s toughest critics in the race, mocked the former president’s proclamations.“As I’m walking around Ukraine, he’s waltzing into a courtroom in Washington, D.C., to tell us that he’s being indicted for us. For us! How lucky are we! That we have such a selfless, magnanimous leader,” Mr. Christie said, prompting laughter and a sprinkling of applause. “Because you know that the government was coming to get you and on their way to get you, lo and behold, they came across Donald Trump and they said, ‘Okay, we won’t get you, we’ll get him, for you.’”The narrative of unfair persecution by the criminal justice system, which Republicans as the party of law and order once staunchly defended, has taken strong root among Mr. Trump’s supporters.Steve Vicere, who drove all the way from his home in Florida to see Mr. Trump in New Hampshire, said the indictments were a “diversion” and represented attempts by Democrats to stop Mr. Trump from regaining power.“Everyday freedoms are being systematically taken away, and nobody ever gets held accountable,” Mr. Vicere, 54, said.Dean Brady, a limo driver from Newmarket, N.H., embraced Mr. Trump’s message that he was taking a hit on behalf of his supporters.“He’s representing us,” Mr. Brady, 60, said. “He’s not in it for himself, he could quit this and just go on with life. He’s up there because he loves America and he cares about us.”But not all Republican voters embrace Mr. Trump’s sense of victimhood. Jean Davis, who attended a barbecue in Iowa on Sunday to hear seven of Mr. Trump’s G.O.P. rivals, said that his latest indictment ought to disqualify him as a candidate.Her husband, Russ Davis, who supports Mr. DeSantis, said that if Mr. Trump were to become the nominee, his chances of defeating Mr. Biden would be “next to nothing.”“There are so many people on the Republican side who just can’t get past his loud mouth,’’ he said. More