Federal Criminal Case Against Trump (Documents Case)

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      Judge in Trump Documents Case Sets Tentative Trial Date as Soon as August

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      The judge, Aileen M. Cannon, set an aggressive schedule for moving the case forward, though the proceedings are likely to be delayed by pretrial clashes.The federal judge presiding over the prosecution of former President Donald J. Trump in the classified documents case set an aggressive schedule on Tuesday, ordering a trial to begin as soon as Aug. 14.While the timeline set by the judge, Aileen M. Cannon, is likely to be delayed by extensive pretrial litigation — including over how to handle classified material — its brisk pace suggests that she is seeking to avoid any criticism for dragging her feet or for slow-walking the proceeding. In each of four other criminal trials she has overseen that were identified in a New York Times review, she has initially set a relatively quick trial date and later pushed it back.The early moves by Judge Cannon, a relatively inexperienced jurist who was appointed by Mr. Trump in 2020, are being particularly closely watched. She disrupted the documents investigation last year with several rulings favorable to the former president before a conservative appeals court overturned her, saying that she never had legitimate legal authority to intervene. Brandon L. Van Grack, a former federal prosecutor who has worked on complex criminal matters involving national security, said the trial date was “unlikely to hold” considering that the process of turning over classified evidence to the defense in discovery had not yet begun. Still, he said, Judge Cannon appeared to be showing that she intended to do what she could to push the case to trial quickly.“It signals that the court is at least trying to do everything it can to move the case along and that it’s important that the case proceed quickly,” Mr. Van Grack said. “Even though it’s unlikely to hold, it’s at least a positive signal — positive in the sense that all parties and the public should want this case to proceed as quickly as possible.”But it is not clear that the defense wants the case to proceed quickly. Mr. Trump’s strategy in legal matters has long been to delay them, and the federal case against him is unlikely to be an exception. If a trial drags past the 2024 election and Mr. Trump wins the race, he could, in theory, try to pardon himself — or he could direct his attorney general to drop the charges and wipe out the case.In public remarks after the indictment against Mr. Trump and one of his aides, Walt Nauta, was filed two weeks ago in Federal District Court in Miami, the special counsel, Jack Smith, who oversaw the investigation, said he wanted a speedy trial.The schedule that Judge Cannon set forth in her order on Tuesday clearly does that, requesting that all pretrial motions be filed by July 24.She also ruled that the trial — and all the hearings in the case — will be held at her home courthouse in Fort Pierce, Fla., a small town in the northern portion of the Southern District of Florida. Mr. Trump’s arraignment was held in the federal courthouse in Miami.Pretrial proceedings in the case are highly unlikely to be done by August. Legal experts have identified a series of complicated matters that Judge Cannon, the defense and the prosecution will have to work through before the matter is ready to go in front of a jury.For one thing, following Judge Cannon’s orders, Mr. Trump’s lawyers started the process of obtaining the security clearances needed to deal with the significant classified evidence issues in the case only last week. The background check process to obtain the clearances can take months.Mr. Trump’s legal team is also still in flux. Mr. Nauta’s lawyer, Stanley Woodward Jr., is still interviewing Florida-based lawyers to assist him with the case. He expects to have someone in place when Mr. Nauta is arraigned next week.Beyond the array of legal tactics that Mr. Trump’s lawyers may use to attack the validity of the charges against him, the parties in the case will also have to engage in significant closed-door litigation over how to handle the classified evidence at the heart of the government’s prosecution. Mr. Trump has been accused of illegally holding on to 31 individual national defense documents, many of which were marked as top secret.Much of the secret litigation will take place under the aegis of the Classified Information Procedures Act. If the government does not agree with any of Judge Cannon’s rulings involving the act, it can pause pretrial proceedings and appeal to the U.S. Court of Appeals for the 11th Circuit, in Atlanta. (The defense would have to wait until after any conviction to appeal an evidentiary issue under the act.)Mr. Trump’s lawyers are expected to file a battery of pretrial motions, including one claiming that he is being selectively prosecuted while other public officials investigated for mishandling classified material — chief among them, Hillary Clinton — did not face charges.The former president’s legal team may also file motions accusing prosecutors of various types of misconduct or seeking to suppress audio notes by one of his lawyers, which the government obtained before the indictment and was filed by piercing the traditional protections of attorney-client privilege.Depending on how seriously Judge Cannon considers the claims made in those filings, she could order additional briefs, attestations and hearings, further slowing down the process.The preliminary court calendar underscores how Mr. Trump’s decision to press ahead with his political campaign, now a key part of his defense, could affect the broader presidential primary race. The first Republican debate is scheduled for Aug. 23 in Milwaukee. Mr. Trump has not said whether he is attending and has signaled he might skip the first two debates.The second debate is scheduled for September, and there is expected to be one each month through the end of the year. Depending on the court calendar, Mr. Trump’s political plans could again coincide with court dates.What’s more, this is not Mr. Trump’s only court proceeding. His trial in a Manhattan state court, on charges stemming from hush money payments to a porn actress during the 2016 presidential campaign, is set to begin in March. A second defamation trial, brought by a New York writer who claimed Mr. Trump raped her decades ago, is set to begin in January.The former president is also facing the prospect of at least one more indictment. Prosecutors in Fulton County, Ga., may bring charges in connection with his efforts to stay in office. Mr. Smith, the special counsel, is also still investigating issues related to Mr. Trump’s efforts to cling to power after losing the 2020 election. More

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      Donald Trump Says ‘Secret’ Document He Described on Tape Referred to News Clippings

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      “There was no document,” the former president said on Fox News as he gave some of his most expansive remarks on the case that led to his federal indictment.Former President Donald J. Trump claimed to a Fox News anchor in an interview on Monday that he did not have a classified document with him in a meeting with a book publisher even though he referred during that meeting to “secret” information in his possession.The July 2021 meeting — at Mr. Trump’s golf club in Bedminster, N.J. — was recorded by at least two people in attendance, and a transcript describes the former president pointing to a pile of papers and then saying of Gen. Mark A. Milley, whom he had been criticizing: “Look. This was him. They presented me this — this is off the record, but — they presented me this. This was him. This was the Defense Department and him.”On the recording, according to two people familiar with its contents, Mr. Trump can be heard flipping through papers as he talks to a publisher and writer working on a book by his final White House chief of staff, Mark Meadows. Mr. Trump and the people in the meeting do not explicitly say what document the former president is holding.According to the transcript, Mr. Trump describes the document, which he claims shows General Milley’s desire to attack Iran, as “secret” and “like, highly confidential.” He also declares that “as president, I could have declassified it,” adding, “Now I can’t, you know, but this is still a secret.”But in the interview on Monday, with the Fox News anchor Bret Baier, Mr. Trump denied that he had been referring to an actual document and claimed to have simply been referring to news clippings and magazine pieces.“There was no document,” Mr. Trump insisted. “That was a massive amount of papers and everything else talking about Iran and other things. And it may have been held up or may not, but that was not a document. I didn’t have a document per se. There was nothing to declassify. These were newspaper stories, magazine stories and articles.”Apparently playing down the information from the recording, he added, “I don’t think that I’ve ever seen a document from Milley.”The audio recording is a key piece of evidence in an indictment charging Mr. Trump with illegally holding on to 31 sensitive government documents, some of which were highly classified and included information about U.S. nuclear and military capabilities. The indictment was filed this month by Jack Smith, a special counsel appointed by the Justice Department, in Federal District Court in Miami. The indictment also accused Mr. Trump of conspiring with one of his aides, Walt Nauta, to evade a grand jury subpoena issued last May for all classified material in his possession.General Mark A. Milley testifying during a budget hearing in Congress this year. Pete Marovich for The New York TimesA description of a typewritten document by General Milley appears in Mr. Meadows’s book, unattributed and stated as fact.Criminal defendants usually avoid speaking publicly about details of any charges in their case, for fear of their remarks being used against them. The interview was broadcast on the same day that a federal magistrate judge in Mr. Trump’s case issued a protective order instructing him not to reveal any evidence that had been turned over to his legal team as part of the discovery process.While the interview did not seem to violate that order, his remarks represented some of his most expansive comments about the nearly two years that federal officials spent trying to retrieve material from his presidency that belongs to the government. The comments were also the latest in a string of shifting stories that he and his allies have offered since it became public that officials at the National Archives and Records Administration recovered 15 boxes of material from Mr. Trump in January 2022.Earlier in the interview with Mr. Baier, Mr. Trump appeared to concede that even after the Justice Department issued a subpoena last year for all classified documents in his possession, he delayed complying with it in order to separate any personal records that might have been among them.“Before I send boxes over, I have to take all of my things out,” Mr. Trump said. “These boxes were interspersed with all sorts of things.”Mr. Trump also acknowledged that he did not immediately comply with an earlier request to return government records to the archives, telling Mr. Baier that he gave the archives “some” and maintaining, “I was very busy, as you’ve sort of seen.”A spokesman for Mr. Trump did not immediately respond to a request for comment.In February 2022, after the public learned that Mr. Trump had returned classified material to the archives, the former president directed aides to issue a statement saying he had returned everything to the government. The final statement the Trump team released did not make this claim.But the draft version of that statement became a focus of prosecutors who were entering evidence and hearing testimony before a grand jury in Florida, according to two people familiar with the matter.Mr. Trump, the front-runner for the Republican presidential nomination for 2024, and his allies have offered evolving explanations for his possession of classified material and repeated refusals to return it. He has insisted the documents all belonged to him as personal records. He has also claimed that he declassified everything he removed before it left the White House, through a so-called standing order that material was declassified when it left the Oval Office to go to the White House residence. Former senior White House officials said no such order existed.And last month, Mr. Trump’s lawyers wrote a letter to Congress saying that his staff “quickly packed everything into boxes and shipped them to Florida,” leaving the impression that Mr. Trump himself did not go through the material and was unaware of what was in the boxes when they were packed.The indictment contradicted that claim, with prosecutors saying that Mr. Trump was “personally involved in this process” and “caused his boxes, containing hundreds of classified documents, to be transported from the White House to the Mar-a-Lago club.”In his interview with Mr. Baier, the former president indicated that he did sort through some boxes after they were sent from Washington to Mar-a-Lago, his private club and residence in Florida.At one point, Mr. Baier asked Mr. Trump why he did not simply hand the material over.“I want to go through the boxes and get all my personal things out,” Mr. Trump said. “I don’t want to hand that over to NARA yet.” More

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      How Should Gig Workers Be Classified?

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      More from our inbox:A Trump Scenario: Losing in Court, but Winning the PresidencySupporting World Heritage SitesYoung Voices for Climate ActionSome drivers for services like Uber and Lyft said they have seen wages decline, while others say they have risen.Gabby Jones for The New York TimesTo the Editor:Re “Hustle Till It Hurts: Gig Work’s Luster Dims” (Sunday Business, May 28):The questions and concerns raised by freelance and gig work are important ones, but we need to stop trying to fit a square peg into a round hole.As a lawyer who has spent her career analyzing work force policy, hearing from women, single mothers and people with disabilities who feel left out of traditional work models, we need to address what’s missing from the conversation: the bigger policy picture.In America, the social safety net is tied to employment status, and worker classification laws are complicated and nuanced. Because of this, workers who want flexibility to choose when, where and how often to work have to choose between sovereignty and certainty.I urge policymakers to consider legislation that addresses these barriers by decoupling benefits from employment status, developing a thoughtful alternative model as other countries have done, and partnering with business leaders and educators to expand resources for workers to understand their classification status.Only then can we tap into the talents of a vast, diverse work force and build a more inclusive, innovative and sustainable economy.Regan ParkerPortland, Ore.The writer is the general counsel and chief public affairs officer for ShiftKey, a digital platform that connects independent licensed professionals with health care facilities.To the Editor:Your article rightly states that there is not a clear consensus on how some gig workers, such as ride-share drivers and freelance writers, should be classified under current employment laws. But when it comes to the highly regulated health care industry, there’s no room for debate: Nurses and nursing assistants should be classified as employees.The recent rise in digital health care staffing platforms gives nurses more flexibility, allowing them to work shifts as they please rather than full time at a facility. However, some of these staffing platforms improperly claim that because their nurses work gig-style schedules, they can be classified as independent contractors.These companies save themselves money but put the nurses and facilities where they work at risk. Nurses don’t control when they start and end their shifts. They are supervised and perform their responsibilities according to strict guidelines.When properly enforced, the Fair Labor Standards Act enables nurses to enjoy gig-style schedules without losing the employee-related benefits they deserve.Tony BraswellTampa, Fla.The writer is the president and founder of Gale Healthcare Solutions.A Trump Scenario: Losing in Court, but Winning the PresidencyDonald Trump at a campaign event.Doug Mills/The New York TimesTo the Editor:Former President Donald Trump’s indictment might very well culminate in his being convicted on felony espionage charges while running for and possibly winning the presidency. Inexplicably, the Constitution does not preclude this.The surreal, disheartening and illogical nature of such an outcome is underscored by current employment prohibitions in the U.S. for convicted felons. Those with felony convictions cannot work in the banking, real estate, health care and insurance industries. Additionally, professions that require a license, including those involving lawyers, teachers and psychologists, preclude felonious applicants. Beyond this, several states have their own employment restrictions for individuals with felony backgrounds.In light of this, the idea that Mr. Trump could conceivably occupy the Oval Office for four more years, despite his being a felon, should this be the case, is proof that the framers of the Constitution were not prescient enough to anticipate how sordid our nation’s politics would become.Mark GodesChelsea, Mass.To the Editor:In my view, Democrats would do well to turn off the indictment news and focus on defeating Donald Trump. Jack Smith’s clear indictment offers, to those willing to read it, compelling evidence of the flood of corruption that surged through the White House during the Trump presidency and will hopefully persuade some more moderate Republicans to abandon him. But winning a conviction without defeating him at the ballot box leaves us in the same dark hole or worse off than before.Few who still support Mr. Trump after learning about the details of the indictment will change their decision based upon Mr. Smith’s success in the courtroom. The specter of Mr. Trump losing in court and winning the election would do enduring damage to the nation.Mr. Trump must be defeated the hard way, at the ballot box.Larry LobertGrosse Pointe Park, Mich.Supporting World Heritage SitesYosemite National Park in California is one of UNESCO’s many World Heritage sites.Jim Wilson/The New York TimesTo the Editor:Re “After a Six-Year Hiatus, the U.S. Will Rejoin UNESCO in July, Agency Says” (news article, June 13):Thank you for your reporting that the United States plans to rejoin UNESCO. And for highlighting the importance of World Heritage sites, designated by UNESCO. Many Americans — and citizens of other nations — have visited and been inspired by World Heritage sites in the United States, including the Statue of Liberty, Yellowstone National Park, Chaco Culture National Historical Park and many other places.However, the United States last paid its World Heritage Committee dues in 2011. Congress and the Biden administration should pay our current year dues (estimated at less than $600,000) and past unpaid dues.The United States has continued to participate in the World Heritage program, including recent designations of Frank Lloyd Wright buildings, including the Guggenheim Museum, and pending nominations of Hopewell Ceremonial Earthworks in Ohio and the Historic Moravian Church Settlements in Bethlehem, Pa. Advocates are also working to nominate U.S. Civil Rights Movement Sites and the Okefenokee National Wildlife Refuge.Full U.S. engagement with World Heritage requires paying our share of the program’s costs. It would also permit the United States, a catalyst for the creation of the World Heritage program, to reassert our global leadership in heritage preservation, including such challenges as the reconstruction of World Heritage sites in Ukraine.Thomas CassidyArlington, Va.The writer is a trustee of World Heritage USA.Young Voices for Climate Action Amber Bracken for The New York TimesTo the Editor:The devastating Canadian wildfires make it imperative that we include everyone in climate advocacy, particularly young voices. These wildfires are stark reminders of the escalating climate crisis and the urgent need for change.Young voices are essential in demanding systemic transformations, as this is just one chapter in an existential fight that will persist for the rest of our lives.My climate advocacy is a matter of self-defense. I grew up in Portland, Ore., a place struggling with climate change. I have witnessed wildfires approaching my city and threatening my home, river ecosystems collapsing and their species being put at risk of extinction. The battle we face is not limited to a single fire season or year; it is a fight for our collective survival.Young people will bear the brunt of these disasters. Our future is at stake. Our voices must be heard. We did not ask for the fight against climate change, yet it is a battle we have shouldered since birth. We are ready to contribute our collective power to improve our future.Samantha BlockFalls Church, Va.The writer is a student at Bryn Mawr College. More

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      As Trump Battles Charges, Biden Focuses on the Business of Governing

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      The past week appears to provide a blueprint for the way the White House wants to handle the politically touchy subject of former President Donald J. Trump’s legal troubles.Talk of federal indictments, classified documents and anything related to the president’s predecessor are out. Bridge repair, “junk fees” and prescription drug prices are in.As President Biden ramps up his re-election campaign, his team is focused not on the various investigations into former President Donald J. Trump but rather on spotlighting the ways, however mundane, his administration can assist Americans in their daily lives.Such was the case when Mr. Biden visited Philadelphia, where a fiery crash last weekend caused part of a highway used by the area’s commuters to collapse, and reviewed the recycled glass product that he said was needed to ensure the highway’s speedy repair. Mr. Biden then had one of his more public-facing campaign rallies to celebrate the endorsements of more than a dozen unions.“I’m proud to be the most pro-union president in American history,” Mr. Biden told a crowd of people inside the Philadelphia convention center. “But what I’m really proud about is being re-elected the most pro-union president in American history.”The Pennsylvania visit capped a week that in many ways will serve as a blueprint for the way the White House will proceed as the nation focuses on the various criminal investigations of the former president. While Republican candidates bicker over the case of Mr. Trump, Mr. Biden hopes to showcase his governing. While his opponents attack — or promise to pardon — Mr. Trump, Mr. Biden would rather discuss infrastructure and cracking down on undisclosed fees.“He doesn’t need to muscle into news stories or make a big splash,” said Matt Bennett, executive vice president for public affairs at Third Way, a centrist Democratic advocacy group. “He needs to underscore what voters like about him and chip away at any doubts about him by doing what he did this week — showing that he’s making progress on things they feel in their daily lives.”That’s easier said than done. Polls show many Americans are not satisfied with Mr. Biden and his domestic agenda. Just 33 percent of American adults say they approve of Mr. Biden’s handling of the economy, and just 24 percent say national economic conditions are good, according to a poll conducted in May by The Associated Press-NORC Center for Public Affairs Research. Overall, 40 percent said they approved of the job Mr. Biden was doing.White House officials involved with Mr. Biden’s campaign are betting they can turn the tide not just by hosting traditional rallies, which have been largely absent thus far in his campaign, but also by organizing events showcasing the president’s legislative accomplishments, such as his $1 trillion bipartisan infrastructure package and his separate health, climate and tax law. They are also ramping up hiring of staff members for the Biden campaign and eyeing the opening of a campaign headquarters in Delaware this summer, according to a White House official.But it may take time for Americans to feel the effect of those policies, making Mr. Biden’s ability to sell his accomplishments even more important.“I think you’ll see a combination of events like this, supplementing the majority of his work, which will be the more presidential, official-duty side of it,” said Representative Brendan F. Boyle, Democrat of Pennsylvania, who was at the rally. “It is important we’re communicating our story back home, especially in the biggest battleground state in the nation.”Before the Pennsylvania event, Mr. Biden met with the secretary general of NATO to continue to rally the West against Russia’s invasion of Ukraine, which some in the White House view as Mr. Biden’s primary achievement. He then celebrated the Juneteenth holiday with a reception at the White House before holding a round table to detail efforts to crack down on the additional fees commonly levied by travel and entertainment companies. His advisers also planned meetings with environmental activists as well as business and union leaders to emphasize that he had the support of two factions that in the past have been at odds.And he tried his best to ignore Mr. Trump. The White House is hoping to stay silent on the multiple cases involving the former president to avoid accusations of meddling in Justice Department affairs. But officials within the White House also believe that the best approach is to focus on the daily issues of Americans, in contrast with Republican opponents who are fielding questions about Mr. Trump’s precarious legal situation.Quentin James, a co-founder of the Collective PAC, an organization dedicated to electing Black officials, said the success of that plan would largely hinge on whether Mr. Biden could effectively translate sprawling legislation into digestible solutions.“The challenge isn’t so much cutting through the Trump noise; it’s, will words like investments and federal funding actually hit the pockets and pocketbooks of working families,” Mr. James said. “Will these investments mean anything tangible in people’s take-home pay before the election?” More

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      To Jail or Not to Jail

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      WASHINGTON — Studying “Hamlet,” the revenge play about a rotten kingdom, I tried for years to fathom Hamlet’s motives, state of mind, family web, obsessions.His consciousness was so complex, Harold Bloom wrote, it seemed bigger than the play itself.Now I’m mired in another revenge play about a rotten kingdom, “Trump.” I’ve tried for years to fathom Donald Trump’s motives, state of mind, family web, obsessions.The man who dumbed down the office of the presidency is a less gratifying subject than the smarty-pants doomed prince. Hamlet is transcendent, while Trump is merely transgressive. But we can’t shuffle off the mortal coil of Trump. He has burrowed, tick-like, into the national bloodstream, causing all kinds of septic responses.Trump is feral, focused on his own survival, with no sense of shame or boundaries or restraint.“In that sense,” David Axelrod told me, “being a sociopath really works for him.”As Axelrod wrote in The Atlantic, “Over time, Trump has worked to discredit and demean any institution that raises inconvenient truths or seeks to hold him accountable for his actions — not just media, but law enforcement and the election system itself.”It remains to be seen, as Axelrod has noted, whether indictments will serve as kryptonite against Trump or energy packs fueling his return to the Oval Office.After believing time and time again that Trump had self-destructed — after he denigrated John McCain, after we found out he had pretended to be his own spokesman, after the “Access Hollywood” tape, and after he shared classified material with Russian diplomats — I have learned to wait and see whether Trump will preposterously get away with things. He has spent his entire life cutting corners and dancing on the edge of legal. But Jack Smith, the special counsel, is teaching him that you can’t conduct a presidency that way.So we must contemplate Trump’s weird preoccupation with his boxes full of state secrets.“He held onto them. Why?” Mitt Romney asked reporters on Capitol Hill. “That’s the question. Why is the country going to have to go through all this angst and tumult? Why didn’t he just turn the documents in?”The papers spilling out of boxes are a snapshot of Trump’s id. He raised his personality to a management style. His disordered mind has caused public disorder.During his presidency, The Times reported, “his aides began to refer to the boxes full of papers and odds and ends he carted around with him almost everywhere as the ‘beautiful mind’ material. It was a reference to the title of a book and movie depicting the life of John F. Nash Jr., the mathematician with schizophrenia played in the film by Russell Crowe, who covered his office with newspaper clippings, believing they held a Russian code he needed to crack.”The aides used the phrase — which turned up in the indictment — as shorthand for Trump’s organized chaos, how he somehow kept track of what was in the boxes, which he held close as a security blanket. During the 2016 campaign, some reporters said, he traveled with cardboard boxes full of real estate contracts, newspaper clippings and schedules, as though he were carrying his world around with him.The guy likes paper. And, like Louis XIV, he believes “L’État, c’est moi.” His favorite words are personal pronouns and possessive adjectives. Kevin McCarthy is “my Kevin.” Army officers were “my generals.” Abdel Fattah el-Sisi was “my favorite dictator.” In the indictment, a Trump lawyer quotes Trump as warning, “I don’t want anybody looking through my boxes.”Is he so addled by narcissism that he sees no distinction between highly sensitive documents belonging to the government and papers he wants to keep? He treats classified maps and nuclear secrets and a Pentagon war plan for Iran like pelts, hunting trophies, or family scrapbook items.He’s like a child, dragging around the things that are important to him. Chris Christie joked about Trump taking some of the boxes on his jet to his club in Bedminster: “He flew the boxes up to New Jersey for summer vacation. What is this? Like, they’re a family member?”It bespeaks a frailty, a need to be bolstered by talismanic items.When he was a real estate dealer and reality star, his office in Trump Tower was papered in framed magazine covers, so that his face stared back at him from every angle, like an infinity mirror.He must worry: Without pieces of paper to prove I am important, am I important?Trump has said one of his favorite movies is “Citizen Kane.” Perhaps the boxes at Xanadu he’s obsessed with, the papers that could make him the locked-up loser he dreads being, have been revealed as his Rosebud.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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      Vivek Ramaswamy Is Offering a Strong Defense of Trump, While Also Running Against Him

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      Vivek Ramaswamy is the lone Republican rival of Donald Trump to wholeheartedly claim the federal indictment is a Democratic attempt to jail the political opposition.In the overheated basement of the Thunder Bay Grille in Davenport, Iowa, on Thursday night, Vivek Ramaswamy, the entrepreneur turned Republican presidential candidate, tried out a new opening for his well-practiced stump speech.“Although it would be easier for someone like me to win this primary or win this election if certain people like Donald Trump were not in the race, that’s not how I want to win,” the biotech millionaire told the Scott County Republican faithful who packed the room on the outskirts of this Mississippi River city.“That’s not how we do things in America,” he continued. “We are not a country where the party in power should be able to use police force to indict its political opponents. And I stand not on the politics but on principle.”It was a portentous broadside for a man running to be president, one that questioned the integrity of a justice system that had just brought the first federal charges against a former president. And it is something that Mr. Ramaswamy admits he has wrestled with, given that his assertions could undermine the rule of law that he says he stands by firmly.The comments drew cheers from an audience not ready to repudiate Mr. Trump, but perhaps looking for an alternative.“I admire Trump for what he did for our country; I admire him immensely,” said Linda Chicarelli Renkes, from Rock Island, Ill., just across the Mississippi, who had praised Mr. Ramaswamy for his promise to pardon the former president if elected. “But I’m tired.”The indictment of Mr. Trump on charges that he mishandled some of the nation’s most sensitive military and nuclear secrets, then flagrantly obstructed law enforcement’s efforts to retrieve them, has put Republican political leaders at a moment of choosing between their oft-stated allegiance to law and order and their sensitivities to the passions of their voters.“Although it would be easier for someone like me to win this primary or win this election if certain people like Donald Trump were not in the race, that’s not how I want to win,” Mr. Ramaswamy said at a recent campaign stop in Iowa.Jordan Gale for The New York TimesMore than any other presidential candidate not named Trump, Mr. Ramaswamy has staked an uncompromising position assailing the charges facing the Republican primary’s front-runner. He has not called the indictment “devastating,” as former Gov. Chris Christie of New Jersey has. He has not called for Mr. Trump to drop out of the race, as former Gov. Asa Hutchinson of Arkansas has.He has not attempted the contortions of Gov. Ron DeSantis of Florida, denouncing federal overreach even while suggesting that anyone mishandling classified documents should be prosecuted. He has not even allowed that the special counsel Jack Smith’s accusations are serious, as have former Vice President Mike Pence, Senator Tim Scott and former Gov. Nikki Haley, both of South Carolina.Instead, Mr. Ramaswamy has said that while Mr. Trump may have shown some errors of judgment, the Biden administration has dangerously abused its power in order to block the comeback of a political rival. In Davenport, he denounced what he called the “politicized persecution through prosecution” of the enemies of the Biden administration, and promised to pardon Mr. Biden’s victims en masse, whether they be “peaceful protesters” incarcerated for the attack on the Capitol or Mr. Trump.Mr. Ramaswamy polling numbers remain in the very low single digits, and though he has captured some attention for his broadsides against the justice system, he has alienated others with his aggressive rhetoric.Jordan Gale for The New York TimesFor an outsider with no political experience beyond his cable news appearances and his “anti-woke” jeremiads against corporate liberalism, Mr. Ramaswamy is showing some staying power.His poll numbers aren’t great — Mr. Trump’s own pollster, McLaughlin & Associates, released a survey after the indictment putting Mr. Ramaswamy at 2 percent in Iowa, behind five other candidates. But he has received the 40,000 individual donations to qualify for the Republican primary debates, and as of now, has the requisite 1 percent in national polling for the first debate on Aug. 23 in Milwaukee.He also has deep ties to Republican power sources, including the tech financier Peter Thiel and Mr. Trump’s son-in-law, Jared Kushner.But his run to the right, which had already alienated some of his business partners and financial backers, raises a new question: Are Republicans like Mr. Ramaswamy risking the stability of the country for their own political fortunes?While Mr. Ramaswamy is the longest of long shots when it comes to winning the nomination, some fear that the aggressive rhetoric he and other Republicans regularly use — both in defense of Mr. Trump and in attacking the justice system — could cause lasting damage.In an interview on his well-appointed campaign bus, the candidate was circumspect. He agreed that his call for every candidate to pre-emptively promise a pardon to Mr. Trump could breed lawlessness, though he concluded that his offer was defensible because it was narrowly tailored to only the charges laid out in the special counsel’s indictment. If other offenses, such as the transmission of national security secrets to foreign powers, emerged in trial, the deal would be off.He also said he wanted to make “sure that I’m not contributing to a problem that I worry deeply about,” the erosion of the rule of law.Mr. Ramaswamy traveled to Miami this week to hold a news conference outside the courthouse after former President Donald J. Trump’s arraignment. Christian Monterrosa for The New York Times“The thought crosses my mind, but I think the facts are plain,” he said: President Biden has indicted the front-running challenger of the opposing party to thwart his rise.Mr. Biden did no such thing. A federal grand jury brought the indictment, at the behest of a special counsel, named by the attorney general, Merrick B. Garland, precisely to insulate the legal investigation of Mr. Trump from any perceived or real pressure from the president or his political appointees.Mr. Ramaswamy said he was not willing to accept that version of events. He flew to Miami on the morning of Mr. Trump’s arraignment to announce before the television crews assembled at the federal courthouse that he had submitted Freedom of Information Act requests for any and all communications between the White House and the Justice Department’s leadership, and between Justice Department leadership and Mr. Smith.Mr. Ramaswamy does have a law degree from Yale, though he made his wealth not in law but in finance and biotechnology. Nonetheless, he speaks with absolute certainty when he rails against the validity of the federal grand jury’s indictment, which he said “reeks of politicization.” The Presidential Records Act, not the Espionage Act, is the governing legal authority over former presidents, he said, and the records act gives broad latitude to former presidents to retain documents from their years in the White House.Iowans watched a speech by Mr. Ramaswamy in Dubuque, Iowa, on Tuesday. Mr. Ramaswamy argues that many Republican voters already believe his extreme version of how the country’s justice system operates.Jordan Gale for The New York TimesThat reasoning has been dismissed by more experienced Republican legal minds, such as Mr. Trump’s own attorney general, William P. Barr, and the retired appeals court judge J. Michael Luttig. Judge Luttig wrote on Twitter on the day of Mr. Trump’s arraignment, “There is not an Attorney General of either party who would not have brought today’s charges against the former president.”Asked about those judgments, Mr. Ramaswamy said he would have to examine the words of people like Mr. Barr and Mr. Luttig more closely. But he offered another defense of his attacks on the legal system: Republican voters already believe them.“To actually recognize a reality that other leaders are reluctant to recognize, I think that is actually net trust-enhancing for our institutions,” he said.Though he may be following the passions of the voters, not leading them, Mr. Ramaswamy insisted that his stand was principled, not political.“I will be deeply disappointed if Donald Trump is unable to run because of these politicized charges against him,” he said.Mr. Ramaswamy’s denunciation of the indictment is only the latest stand in a campaign predicated on his belief that the former president’s “America First” agenda does not belong to Mr. Trump, but to the American people — and that he has the intelligence and guts to take it much farther than Mr. Trump ever could.If Ron DeSantis, the Florida governor and Mr. Trump’s closest competitor, is “Trumpism without Trump,” Mr. Ramaswamy is putting himself forward as Trumpism squared.The appeal has its limits, especially with ardent Trump supporters who still want the real deal.Some are considering Mr. Ramaswamy as they seek an alternative to Mr. Trump, but it is a difficult pitch while Mr. Trump is still in the race.Jordan Gale for The New York Times“I haven’t seen anything that Vivek says and Donald Trump says that aren’t aligned perfectly,” said Clint Crawford, 48, of Eldridge, Iowa, after watching the candidate at a session at the Estes Construction offices four floors over downtown Davenport. With the former president bent on staying in the race, Mr. Crawford said, he’s not switching.But there is a chance that Mr. Trump won’t make it through a potential federal trial, another possible trial in New York on felony charges surrounding a hush money to a porn star, a looming indictment out of Georgia for efforts to overturn the 2020 election results there, and more to come from Mr. Smith.If Mr. Trump drops out, Mr. Ramaswamy intends to be the alternative.“It’s so ongoing with Trump — it’s our past, it’s our present, and it’s not going to stop,” said Penny Overbaugh, 77, who had stood up in Bettendorf, Iowa, on Thursday to praise Mr. Ramaswamy for his performance in Miami on arraignment morning. As for the younger challenger, “the fact that he could see the hypocrisy of the two-sided justice system, he has conviction.” More

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      In Trump Prosecution, Special Counsel Seeks to Avoid Distracting Fights

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      Jack Smith has taken an iron-fist-in-a-kid-glove approach, sidestepping secondary issues that could divert attention from the weight of the evidence he has assembled in his case against the former president.Jonathan Goodman, the magistrate judge assigned to handle Donald J. Trump’s arraignment, did something of a double take during the proceeding on Tuesday, when the Justice Department offered the former president a bond deal that was not merely lenient but imposed virtually no restrictions on him at all.Jack Smith, the special counsel overseeing the prosecution for the department, opted not to request conditions routinely imposed on other defendants seeking to be released from custody, like cash bail, limits on domestic travel or turning in his passport.But Judge Goodman, tasked with hashing out a bond agreement during a one-day cameo appearance on the case, was not entirely on board. He suggested that Mr. Trump be compelled to “avoid all contact with co-defendants, victims and witnesses except through counsel.” Mr. Smith’s deputy, David Harbach, joined Mr. Trump’s lawyers in opposing that idea — but the judge imposed a version of it anyway.The first courtroom skirmish in United States v. Donald J. Trump underscored the legal perils the former president faces and his determination to make the indictment a centerpiece of a 2024 presidential campaign fueled by grievance and retribution.It also provided telling insights into the fist-inside-a-kid-glove approach that Mr. Smith and his team employed: an aggressive fast-track approach to prosecution coupled with a conspicuously respectful posture toward the defendant.Mr. Smith’s decision not to demand any conditions at the arraignment, people familiar with the situation said, reflected a belief that prosecutors should avoid impairing Mr. Trump’s ability to campaign. He is also seeking to dodge potentially distracting elements to a case focused on concrete evidence about the former president’s handling of classified documents and efforts to obstruct government efforts to reclaim them.His approach also seems to be a nod to the political sensitivities created by years of Republican protests — and misinformation — about prior investigations into Mr. Trump by the Justice Department and the F.B.I.“The prosecution of a former president and the current political rival of President Biden is obviously hugely politically fraught and comes against the background of prior Justice Department actions against Trump marked by error and excess,” said Jack Goldsmith, a Harvard Law professor and former assistant attorney general.“Trump and his allies will do everything they can to demonize the prosecution as unfair,” he added. “It makes perfect sense that Smith, who has the law clearly on his side, would do everything he can to avoid raising the temperature on the matter further.”There are other indications that Mr. Smith, who sat a few feet behind Mr. Harbach in the courtroom on Tuesday, intently following the back-and-forth with the judge, seems intent on avoiding unnecessary confrontation.Conspicuously absent from the indictment was a potential charge that had been listed in the affidavit the Justice Department filed to obtain a search warrant for Mar-a-Lago last summer: Section 2071 of the federal criminal code, which prohibits the concealment and mishandling of sensitive government documents.It was the only crime on the sheet that might have directly affected Mr. Trump’s 2024 presidential bid, requiring that anyone convicted of it “shall forfeit his office and be disqualified from holding any office under the United States.”Jack Smith, the special counsel, opted not to request conditions routinely imposed on other defendants seeking to be released from custody.Kenny Holston/The New York TimesMany legal scholars believe that the provision is unconstitutional and would have ultimately been struck down if it were imposed on Mr. Trump. But Mr. Smith’s team sidestepped the issue altogether, leaving it out of their 37-count indictment on a section of the Espionage Act that imposes a prison term but no restrictions on holding office.“I think it’s a very savvy move not bringing that charge,” said John P. Fishwick Jr., who was the U.S. attorney for the Western District of Virginia from 2015 to 2017. “It makes this much less about politics — this is about the evidence, not about blocking him from office.”The special counsel has already gone where no prosecutor has before, indicting a former president on charges that he illegally retained national security documents and schemed with his personal aide to obstruct investigators. And he has not been shy about ensuring that some of the most vivid evidence (including photographs of boxes stacked in a bathroom at Mar-a-Lago and of top-secret documents spilled onto the floor of a storage room) be made public.But Mr. Smith’s team has also taken pains to spare the former president unnecessary embarrassment or inconvenience, as evidenced by their deferential attitude at the arraignment toward Mr. Trump and his co-defendant, Walt Nauta.The U.S. Marshals Service, a branch of the Justice Department responsible for law enforcement at federal courts, adopted a similar tack. They booked Mr. Trump quickly and quietly in an office in the courthouse, registering his fingerprints electronically but eschewing a mug shot “because there are plenty of pictures of him” to choose from, according to a federal law enforcement official who briefed reporters afterward.Mr. Smith’s decision to avoid the placement of strict preconditions on Mr. Trump’s release appears to be part of a larger strategy of avoiding secondary fights that could complicate efforts to obtain a conviction, according to current and former Justice Department officials.By not pressing to limit contact between Mr. Trump and potential witnesses who are also his aides and other employees or advisers and lawyers, the prosecutors were seeking to minimize the potential for any violations of those strictures that might disrupt their efforts to keep the trial focused on the core charges involving national security secrets and obstruction.“I imagine this is why they did not insist on travel restrictions or even a gag order,” said Barbara L. McQuade, who was the U.S. attorney for the Eastern District of Michigan from 2010 to 2017.There is also a sense among some close to the case that much of the evidence needed to convict the defendants — in the form of text messages, photographs, camera footage, sworn testimony and the detailed notes of M. Evan Corcoran, a Trump lawyer — is already in place, making a confrontation over witnesses a costly distraction with limited benefits.“No-contact orders, like the one the judge insisted on, are routine — even in cases where you don’t have a defendant, like Trump, who has tried to influence witnesses,” said Mary McCord, a former top official in the Justice Department’s national security division. “But in this case, Jack Smith has a lot of what he needs already, so he seems to be avoiding a fight that could slow the whole the process down.”Mr. Trump’s lawyer Todd Blanche had a different reason for objecting to the tougher terms: It was “unworkable” for the court to place preconditions on his client’s casual interactions with potential witnesses on his payroll or in his Secret Service protective detail, he told the court.But some critics, including Andrew Weissmann, who was the lead prosecutor in Robert S. Mueller III’s investigation of the Trump campaign’s connections to Russia, see all this as a double standard that unfairly shields Mr. Trump from the conditions placed on others accused of serious offenses.Judge Goodman — a former newspaper reporter with a wry, conversational courtroom style — did not object to the department’s desire to limit the restrictions on Mr. Trump, other than he appear for his court hearings and commit no crimes. But he seemed puzzled why Mr. Smith’s team would not, as a bare minimum, insist that a defendant who has been accused repeatedly of pressuring witnesses be given no constraints at all.“Despite the parties’ recommendations to me, I am also going to be imposing some additional special conditions,” the judge said. “Former President Trump will avoid all contact with witnesses and victims except through counsel” — once prosecutors assembled a list of witnesses.Mr. Harbach said his team would comply, then joked that the “elephant in the room” was that no such list existed yet. More

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      Donald Trump Has a Polling Problem

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      Most Republicans still support Trump. But the polls still suggest the federal indictment is hurting him.The 50 percent threshold in a poll can sometimes be distracting. When more than half of people give a certain answer, it often becomes the dominant message to emerge from the poll question. It is the answer that appears to have won. Yet the most important information may nonetheless be lurking elsewhere.Consider the surveys over the past week that have asked Americans their opinions about the federal charges against Donald Trump. Here are the results of an ABC News/Ipsos survey, which were similar to other poll results:Americans’ views on Trump’s latest indictment More