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    Forceful Opinion Repudiates Trump’s Immunity Claim in Election Case

    The unanimous ruling, by a panel of appeals court judges appointed by presidents of both parties, systematically took apart the immunity claim.Former President Donald J. Trump’s claim that he was immune from being prosecuted for any crimes he committed while trying to stay in office after losing the 2020 election was always a long shot. But in an opinion on Tuesday eviscerating his assertion, three federal appeals court judges portrayed his position as not only wrong on the law but also repellent.“We cannot accept former President Trump’s claim that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results,” they wrote, adding with an emphatic echo: “We cannot accept that the office of the presidency places its former occupants above the law for all time thereafter.”The 57-page opinion was issued on behalf of all three members of a panel of the United States Court of Appeals for the District of Columbia Circuit. They included two Democratic appointees and, significantly, Judge Karen L. Henderson, a Republican appointee who had sided with Mr. Trump in several earlier legal disputes.The ruling systematically weighed and forcefully rejected each of Mr. Trump’s arguments for why the case against him should be dismissed on immunity grounds. The resounding skepticism raised the question of whether the Supreme Court — to which Mr. Trump is widely expected to appeal — will decide there is any need for it to take up the case.On the one hand, the ruling unanimously answered each question put forward by Mr. Trump’s defense team, affirming a similar ruling by the trial judge overseeing the criminal case, Tanya S. Chutkan of the Federal District Court for the District of Columbia. It was far from clear whether a majority of Supreme Court justices would find anything to disagree with in its conclusions.Still, Mr. Trump’s claim of total immunity introduces a momentous legal issue the Supreme Court has never considered — no former president has ever been charged with crimes before, so there is no direct precedent. Normally, the justices might see it as appropriate to weigh in, too, even if it were merely to affirm an appeals court’s handiwork.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Federal Appeals Court Rejects Trump’s Claim of Absolute Immunity

    The ruling answered a question that an appeals court had never addressed: Can former presidents escape being held accountable by the criminal justice system for things they did while in office?A federal appeals court on Tuesday rejected former President Donald J. Trump’s claim that he was immune to charges of plotting to subvert the results of the 2020 election, ruling that he must go to trial on a criminal indictment accusing him of seeking to overturn his loss to President Biden.The 3-0 ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit handed Mr. Trump a significant defeat, but was unlikely to be the final word on his claims of executive immunity. Mr. Trump is expected to continue his appeal to the Supreme Court — possibly with an intermediate request to the full appeals court.Still, the panel’s 57-page ruling signaled an important moment in American jurisprudence, answering a question that had never been addressed by an appeals court: Can former presidents escape being held accountable by the criminal justice system for things they did while in office?The question is novel because no former president until Mr. Trump had been indicted, so there was never an opportunity for a defendant to make — and courts to consider — the sweeping claim of executive immunity that he has put forward.The panel, composed of two judges appointed by Democrats and one Republican appointee, said in its decision that, despite the privileges of the office he once held, Mr. Trump was subject to federal criminal law like any other American.“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the panel wrote. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.”The panel’s ruling came nearly a month after it heard arguments on the immunity issue from Mr. Trump’s legal team and from prosecutors working for the special counsel, Jack Smith. While the decision was quick by the standards of a normal appeal, what happens next will be arguably more important in determining when or whether a trial on the election subversion charges — now set to start in early March — will take place.. More

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    How Trial Delays Could Pay Off for Trump

    Former President Donald J. Trump faces four criminal trials this year, but delays are already underway. The odds are that no more than one or two will finish before voters choose the next president. Trump’s trials are unlikely to happen as scheduled The trials, which may require a couple of months or more, are unlikely […] More

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    Did No One Tell Ron DeSantis That Trump Was Running, Too?

    Despite the early enthusiasm for his policies and political persona in various corners of the conservative media, it was easy to see from the start that Ron DeSantis would not — and clearly does not — have the juice to defeat or supplant Donald Trump in a Republican presidential primary.Part of this was the Florida governor’s soft skills or rather lack thereof. He is not a people person. He does not excel at the task of retail politics. He is not, to put it gently, strong on the stump, and he has a bad habit of speaking in the esoteric and jargon-filled language of online conservatives.Consider his first major performance in Iowa last year, in front of an audience of likely Republican caucusgoers. “We say very clearly in the state of Florida that we will fight the woke in the Legislature,” DeSantis said, as he tried to rouse the crowd to applause. “We will fight the woke in education, we will fight the woke in the businesses, we will never ever surrender to the woke mob. Our state is where woke goes to die.”There is a relatively small group of people for whom this is a resonant message. For everyone else, it is basically static. It doesn’t speak to the animating concerns of the blue-collar voters who will make or break a campaign in the Republican primary. DeSantis’s inability to craft a compelling message, however, may not have been fatal to his campaign if he had been able to distance or distinguish himself from Trump in any meaningful way. The opportunities were there. DeSantis could have used the multiple criminal indictments against the former president to make the practical case that Trump would not win if he was in jail.But DeSantis chose to run as Trump’s heir apparent and treated him as though he wasn’t actually in the race. He could not turn on the former president without undermining the premise of his own campaign. And so DeSantis sat silent or even defended Trump against legal accountability for his actions in office. “Washington, D.C. is a ‘swamp’ and it is unfair to have to stand trial before a jury that is reflective of the swamp mentality,” DeSantis wrote on the website formerly known as Twitter after Trump was charged with four felony counts by a federal grand jury in connection with his effort to overturn the 2020 election. “One of the reasons our country is in decline is the politicization of the rule of law. No more excuses — I will end the weaponization of the federal government.”To the extent that DeSantis tried to differentiate himself from the former president, it was by running to Trump’s political right. The Florida governor in this view would be a more competent Trump — the Trump who gets things done. It was a good pitch for the conservative intellectuals who wanted to support a Trump-like figure without embracing Trump himself. But it was a terrible pitch to the Republican electorate, which did not nominate Trump in 2016 — or turn out in 2020 — because of Trump’s ability to clear a checklist of agenda items.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Judge Declines to Hold Prosecutors in Contempt in Trump Election Case

    Judge Tanya S. Chutkan issued her order after prosecutors continued to file court papers in the former president’s election interference case even though she had put the proceeding on hold.It was one of the odder tit-for-tat battles to have emerged so far in the federal case accusing former President Donald J. Trump of plotting to subvert the 2020 election.Even though the proceeding was put on hold by Judge Tanya S. Chutkan while Mr. Trump seeks to have the charges tossed out with broad claims of immunity, prosecutors, trying to nudge it forward, have continued filing motions and turning over evidence. The former president’s lawyers have angrily accused them of violating the judge’s order and were eventually annoyed enough to ask that the prosecutors be held in contempt.After simmering for a month, the dispute was resolved on Thursday when Judge Chutkan, who is handling the case in Federal District Court in Washington, issued an order saying she would not punish anyone with a finding of contempt.Still, in what felt like an attempt to soothe the tensions between the defense and prosecution, the judge told both sides that they should not file any more “substantive” motions without first asking for permission.From the outset, the quarrel over the filings and disclosures seemed to be the sort of petulant but ultimately harmless one-upmanship that often arises in prominent criminal cases. But it was also a reflection of a much more consequential fight over the timing of the case and whether it will go to trial as scheduled in March.It all began last month when prosecutors working for the special counsel, Jack Smith, sent Mr. Trump’s legal team a draft list of exhibits and a modest batch of discovery material even though Judge Chutkan had ordered all deadlines in the case put on hold only days before.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Trump Loves to Play With Fire

    To be a Republican politician in the age of Trump is to live under the threat of violence from his most fanatical and aggressive followers.Senator Mitt Romney of Utah hired personal security for himself and his family at a cost of $5,000 a day to guard against threats on their lives after he voted to convict the former president and remove him from office for his role in the Jan. 6 attack on the Capitol. After former Representative Peter Meijer of Michigan voted to impeach President Donald Trump in the House in the same case, he purchased body armor as a precaution against the threats on his life. Republicans who voted against Representative Jim Jordan — a staunch Trump ally — for House speaker during last year’s leadership standoff received death threats targeting themselves and their families.It’s not only Republicans in Congress, either. Republican lawmakers and election officials in critical swing states like Georgia, Arizona and Wisconsin have received threats on their lives for following the law and rejecting Trump’s demands to find or throw out votes in the last presidential election. And there have been more recent threats as well, leveled against those officials in the political, legal and criminal justice system who have tried to hold Trump accountable for his actions.On Sunday, an unknown provocateur filed a false report to the police of a shooting at the home of Judge Tanya S. Chutkan, who is overseeing the Jan. 6-related criminal case against the former president. The goal of this tactic, called “swatting,” is for the police to react with force on the assumption that someone’s life might be in danger. Jack Smith, the federal special counsel who is leading multiple criminal investigations into Trump, was also the victim of swatting. So was Shenna Bellows, the Maine secretary of state who removed the former president from the state primary ballot.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Trump Deploys Familiar Tactic: I’m Rubber. You’re Glue.

    Whenever Donald Trump is accused of something, he responds by accusing his opponent of that exact thing. The idea is less to argue that Mr. Trump is clean than to suggest that everyone else is dirty.Days before the Iowa caucuses, former President Donald J. Trump is appearing twice in court this week — on Tuesday in Washington and Thursday in New York.He was not required to attend either hearing. But advisers say he believes the court appearances dramatize what is fast becoming a central theme of his campaign: that President Biden — who is describing the likely Republican nominee as a peril to the country — is the true threat to American democracy.Mr. Trump’s claim is the most outlandish and baseless version of a tactic he has used throughout his life in business and politics. Whenever he is accused of something — no matter what that something is — he responds by accusing his opponent of that exact thing. The idea is less to argue that Mr. Trump is clean than to suggest that everyone else is dirty.It is an impulse more than a strategy. But in Mr. Trump’s campaigns, that impulse has sometimes aligned with his political interests. By this way of thinking, the more cynical voters become, the more likely they are to throw their hands in the air, declare, “They’re all the same” and start comparing the two candidates on issues the campaign sees as favorable to Mr. Trump, like the economy and immigration.His flattening moral relativism has undergirded his approach to nearly every facet of American public life, including democracy.In 2017, when the Fox News host Bill O’Reilly described President Vladimir Putin of Russia as a “killer,” Mr. Trump responded that there were “a lot of killers,” adding, “Well, you think our country is so innocent?”And in the 2016 campaign, Mr. Trump applied the “I’m rubber, you’re glue” approach to a wide range of vulnerabilities.When Mr. Trump was described by voters as racist in polls after, among other things, he described undocumented immigrants from Mexico as “rapists,” he claimed that his rival, Hillary Clinton, was the true “bigot.”When Mrs. Clinton suggested he was temperamentally unfit to be entrusted with the nation’s nuclear codes, Mr. Trump declared her “trigger happy” and “very unstable.”When Mrs. Clinton called Mr. Trump a “puppet” of Mr. Putin during one of their general election debates, Mr. Trump interrupted: “No puppet. You’re the puppet.”Mr. Trump during a debate with Hillary Clinton in 2016.Damon Winter/The New York TimesA spokesman for Mr. Trump did not respond to requests for comment.For years, Mr. Trump championed and breathed life into the previously fringe “birther” movement that falsely claimed Barack Obama had been born in Kenya and was therefore an illegitimate president. When he finally renounced the conspiracy theory out of political expediency shortly before Election Day in 2016, he falsely claimed that it was Mrs. Clinton who had started attacking the first Black president with that assertion.Senator Ted Cruz of Texas — “Lyin’ Ted,” Mr. Trump had dubbed him — was a victim of this Trumpian tactic in the 2016 Republican presidential primaries at a time when Mr. Trump was being called out for almost constant falsehoods. Mr. Cruz once summarized the injustice in a fit of indignation, saying of Mr. Trump: “He lies — practically every word that comes out of his mouth. And in a pattern that I think is straight out of a psychology textbook, his response is to accuse everybody else of lying.”Now, Mr. Trump is repurposing his favored tool to neutralize what many see as his worst offense in public life and greatest political vulnerability in the 2024 campaign: his efforts, after he lost the 2020 election, to disrupt the peaceful transfer of power and remain in office.And his campaign apparatus has kicked into gear along with him, as he baselessly claims Mr. Biden is stage-managing the investigations and legal action against him. Mr. Trump’s advisers have coined a slogan: “Biden Against Democracy.” The acronym: BAD.Steve Bannon, Mr. Trump’s former chief strategist, said he thought his onetime client was on to something. Mr. Trump is now fighting Mr. Biden over an issue that many Republican consultants and elected officials had hoped he would avoid. They had good reason, given that candidates promoting election denial and conspiracy theories about the Jan. 6, 2021, attack on the Capitol cost their party winnable races in the 2022 midterm elections.Mr. Bannon sees it differently.“If you can fight Biden almost to a draw on this, which I think you can, it’s over,” Mr. Bannon said in an interview, referring to the imperiling of American democracy. “He’s got nothing else he can pitch. This is his main thing.”Mr. Bannon added, “If Biden wants to fight there, about democracy and all this kind of ephemeral stuff, Trump will go there in a second.”It was Mr. Bannon who pushed for Mr. Trump to “go on offense” after a tape leaked of him boasting to the TV host Billy Bush about grabbing women’s genitals. Mr. Bannon helped arrange for three women who had accused former President Bill Clinton of sexual harassment or assault to join Mr. Trump at a news conference shortly before a debate with Mrs. Clinton. It created a disorienting effect at a moment of acute vulnerability for Mr. Trump.“You’ve got to remember something,” Mr. Bannon said of the Trump campaign’s “Biden Against Democracy” gambit. “This is the whole reason he’s actually running: to say he believes that, burned into his soul, is the 2020 election was stolen, and that Jan. 6 was a setup by the F.B.I.”It’s unclear whether Mr. Trump actually believes that Jan. 6 was orchestrated by the “deep state.” His explanations of that day have shifted opportunistically, and he was a relative latecomer to the baseless far-right conspiracy theory that the Capitol riot was an inside job by the F.B.I.Mr. Trump has also sought to muddy the waters on voter concerns about corruption, by trying, along with his allies, to neutralize his liabilities on that front by attacking Mr. Biden’s son, Hunter, for foreign moneymaking while his father was vice president.But some of Mr. Trump’s advisers think there is less to gain from the Hunter Biden angle than from the “Biden Against Democracy” theme. They recognize that Hunter Biden is not the president and doubt the issue will move voters significantly without the emergence of a connection to the president strong enough to convince Senate Republicans who remain skeptical that there is a basis for impeachment.Mr. Trump has also privately expressed concern about overplaying personal attacks on the president’s son to such an extent that they backfire and make Mr. Biden look like a caring father, according to a person who has heard Mr. Trump make these remarks.In a 2020 general election debate, Mr. Trump made such an error, when he mocked Hunter Biden’s past drug use, prompting a humanizing response from Mr. Biden: “My son, like a lot of people, like a lot of people you know at home, had a drug problem. He’s overtaken it. He’s fixed it. He’s worked on it. And I’m proud of him.”President Biden has repeatedly said Mr. Trump is a threat to American democracy. Mr. Trump has been lately saying the same of Mr. Biden. Pete Marovich for The New York TimesMr. Trump and his advisers are hoping to do more than paper over his liabilities related to his election lies and the violent attack on the Capitol, which Democrats are confident remain deeply troubling to a majority of voters. They hope they can persuade voters that Mr. Biden is actually the problem.Voter attitudes related to Mr. Biden have shifted as Mr. Trump has tried to suggest that efforts to hold Mr. Trump accountable for his actions are a threat to democracy. In an October 2022 New York Times/Siena College poll, among voters who said democracy was under threat, 45 percent saw Mr. Trump as a major threat to democracy, compared with 38 percent who said the same about Mr. Biden. The gap was even wider among independent voters, who were 14 percentage points more likely to see Mr. Trump as such a threat.But Mr. Trump’s rhetoric seems to have already altered public opinion, even before the campaign deployed his new slogan. In another more recent survey, 57 percent of Americans said Mr. Trump’s re-election would pose a threat to democracy, and 53 percent said the same of Mr. Biden, according to an August 2023 poll by the Public Religion Research Institute. Among independent voters, nearly identical shares thought either candidate would be a threat to democracy.The repetition that Mr. Trump has used consistently in his public speeches is a core part of his approach.“If people think he’s inconsistent on message, he ain’t inconsistent on this message,” Mr. Bannon said of Mr. Trump’s effort to brand Mr. Biden as the real threat to democracy. “Go back and just look at how he pounds it. Wash, rinse, repeat. Wash, rinse, repeat. It’s very powerful.”David Axelrod, a former top adviser to Mr. Obama, said polling indicated Mr. Trump had “made headway with his base in this project.” But a general election, he said, is a “harder” race to convince people that his lies about Jan. 6, 2021, are true.It is “one of the reasons he’s so desperate to push the Jan. 6 trial past the election,” Mr. Axelrod said of the federal indictment charging Mr. Trump with conspiracy to defraud the United States.“A parade of witnesses, including his own top aides, White House lawyers and advisers, testifying, followed by a guilty verdict, would damage him outside the base,” Mr. Axelrod said.Ruth Igielnik More

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    As Political Theater, Trump’s Court Appearance Wasn’t a Showstopper

    The former president plans to continue showing up at various legal proceedings against him, but in this case the spotlight stayed largely on the judges and their skepticism about his immunity claims.If Donald J. Trump’s goal on Tuesday was to turn a weighty legal proceeding in Washington into a de facto campaign appearance that galvanized media attention, he fell short.Six days before the Iowa caucuses, the former president used the arguments before a federal appeals court over whether he is immune from prosecution to hone a strategy he has deployed repeatedly over the past year and intends to use more as the political season heats up and his legal problems come to a head: standing in or near a courthouse, portraying himself as a victim.But in this case, the federal courthouse was a relatively inhospitable setting. The security protocols and the ban on cameras in federal courthouses did not lend themselves easily to the kind of displays Mr. Trump has made at the four arraignments for the indictments he is facing, where he has commanded intensive coverage and the chance to cast the prosecutions as political persecution.The headlines went instead to the sharp questioning by the three judges. They did not overtly acknowledge Mr. Trump’s presence in the courtroom but expressed great skepticism about his legal team’s argument that even a president who ordered the killing of a political rival could not be prosecuted unless he or she was first convicted in an impeachment proceeding.Instead, Mr. Trump was left to hold a short appearance at the Waldorf Astoria Hotel on Pennsylvania Avenue — what had been the Trump International Hotel before he sold it after leaving office.“I feel that as president you have to have immunity, very simple,” said Mr. Trump, standing with a handful of lawyers who had gone with him to the hearing. Saying he had done nothing wrong, Mr. Trump said there would be “bedlam” in the country if the courts did not uphold the concept of presidential immunity.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More