Federal Criminal Case Against Trump (Documents Case)

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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

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      I Won’t Let Donald Trump Invade My Brain

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      I try to be a reasonable person. I try to be someone who looks out on the world with trusting eyes. Over the decades, I’ve built up certain expectations about how the world works and how people behave. I rely on those expectations as I do my job, analyzing events and anticipating what will happen next.And yet I’ve found that Donald Trump has confounded me at every turn. I’ve found that I’m not cynical enough to correctly anticipate what he is capable of.I have consistently underestimated his depravity. I was shocked at how thuggishly Trump behaved in that first debate with Joe Biden in 2020. As the Jan. 6 committee hearings progressed, I was stunned to find out just how aggressively Trump had worked to overthrow the election. And then, just last week, in reading his federal indictment, I was once again taken aback to learn how flagrantly he had breached national security.And yet I can’t quite feel ashamed of my perpetual naïveté toward Donald Trump. I don’t want to be the kind of person who can easily enter the head of an amoral narcissist.I’d rather not let him infect my brain. I’d rather not let that guy alter my views of the world. If occasional naïveté is the price for mental independence from Trump, I’m willing to pay it.I’ve been thinking about all this while bracing for the 17 months of campaigning that apparently lie ahead, with Trump probably once again the central focus of the nation’s consciousness. I’m thinking about how we will once again be forced to defend our inner sanctums as he seeks, on a minute-by-minute basis, to take up residence in our brains.I cling to a worldview that is easy to ridicule. I hold the belief that most people, while flawed, seek to be good. I hold the belief that our institutions, while fraying, are basically legitimate and deserve our respect. I hold the belief that character matters, and that good people ultimately prosper and unethical people are ultimately undone.I don’t think this worldview is born of childish innocence. It comes out of my direct experience with life, and after thousands of interviews, covering real-life politicians like Barack Obama, John McCain and Mitt Romney.Donald Trump, by his mere presence, is an assault on this worldview. Trump is a tyrant. As Aristotle observed all those many years ago, tyranny is all about arbitrariness. When a tyrant has power, there is no rule of law, there is no governing order. There is only the whim of the tyrant. There is only his inordinate desire to have more than his fair share of everything.Under political tyranny external laws become arbitrary. Even when Trump doesn’t wield state power, when he is merely campaigning, Trump wields cultural power. Under cultural tyranny internal values become arbitrary too — based on his whims and lusts of the moment.The categories we use to evaluate the world lose their meaning — cruelty and kindness, integrity and corruption, honesty and dishonesty, generosity and selfishness. High-minded values begin to seem credulous and absurd, irrelevant to the situation at hand. Trump’s mere presence spreads his counter-gospel: People are basically selfish; raw power runs the world. All that matters is winning and losing. Under his influence, subtly and insidiously, people develop more nihilistic mind-sets.Trump has already corroded the Republican Party in just this way. Let me focus on one value that Trump has already dissolved: the idea that there should be some connection between the beliefs you have in your head and the words that come out of your mouth. If you say something you don’t believe, you should at least have a twinge of guilt about your hypocrisy.I used to at least hear Republicans express guilt privately when they publicly supported a guy they held in contempt. That guilt seems to have gone away. Even the contempt has gone away. Many Republicans have switched off the moral faculty, having apparently concluded that personal morality doesn’t matter.Trump’s corrosive influence spreads far beyond his party. Any stable social order depends on a sense of legitimacy. This is the belief and faith that the people who have been given authority have a right to govern. They wield power for the common good.Trump assaults this value too. Prosecutors are not serving the rule of law, he insists, but are Joe Biden’s political pawns. Civil servants are nothing but “deep state” operatives to take Trump down. This cynical attitude has become pervasive in our society. Proper skepticism toward our institutions has turned into endemic distrust, a jaundiced cynicism that says: I’m onto the game; it’s corruption all the way down.Over the coming months, we face not merely a political contest, but a battle between those of us who believe in ideals, even though it can make us seem naïve at times, and those who argue that life is a remorseless struggle for selfish gain. Their victory would be a step toward cultural barbarism.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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      The Radical Strategy Behind Trump’s Promise to ‘Go After’ Biden

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      Conservatives with close ties to Donald J. Trump are laying out a “paradigm-shifting” legal rationale to erase the Justice Department’s independence from the president.When Donald J. Trump responded to his latest indictment by promising to appoint a special prosecutor if he’s re-elected to “go after” President Biden and his family, he signaled that a second Trump term would fully jettison the post-Watergate norm of Justice Department independence.“I will appoint a real special prosecutor to go after the most corrupt president in the history of the United States of America, Joe Biden, and the entire Biden crime family,” Mr. Trump said at his golf club in Bedminster, N.J., on Tuesday night after his arraignment earlier that day in Miami. “I will totally obliterate the Deep State.”Mr. Trump’s message was that the Justice Department charged him only because he is Mr. Biden’s political opponent, so he would invert that supposed politicization. In reality, under Attorney General Merrick Garland, two Trump-appointed prosecutors are already investigating Mr. Biden’s handling of classified documents and the financial dealings of his son, Hunter.But by suggesting the current prosecutors investigating the Bidens were not “real,” Mr. Trump appeared to be promising his supporters that he would appoint an ally who would bring charges against his political enemies regardless of the facts.The naked politics infusing Mr. Trump’s headline-generating threat underscored something significant. In his first term, Mr. Trump gradually ramped up pressure on the Justice Department, eroding its traditional independence from White House political control. He is now unabashedly saying he will throw that effort into overdrive if he returns to power.Mr. Trump’s promise fits into a larger movement on the right to gut the F.B.I., overhaul a Justice Department conservatives claim has been “weaponized” against them and abandon the norm — which many Republicans view as a facade — that the department should operate independently from the president.Two of the most important figures in this effort work at the same Washington-based organization, the Center for Renewing America: Jeffrey B. Clark and Russell T. Vought. During the Trump presidency, Mr. Vought served as the director of the Office of Management and Budget. Mr. Clark, who oversaw the Justice Department’s civil and environmental divisions, was the only senior official at the department who tried to help Mr. Trump overturn the 2020 election.Jeffrey B. Clark was the only senior official in the Justice Department who tried to help Mr. Trump overturn the 2020 election.Kenny Holston/The New York TimesAlong with Mr. Clark, Russell T. Vought argues that presidents should treat the Justice Department no differently than any other cabinet agency.Anna Moneymaker/The New York TimesMr. Trump wanted to make Mr. Clark attorney general during his final days in office but stopped after the senior leadership of the Justice Department threatened to resign en masse. Mr. Clark is now a figure in one of the Justice Department’s investigations into Mr. Trump’s attempts to stay in power.Mr. Clark and Mr. Vought are promoting a legal rationale that would fundamentally change the way presidents interact with the Justice Department. They argue that U.S. presidents should not keep federal law enforcement at arm’s length but instead should treat the Justice Department no differently than any other cabinet agency. They are condemning Mr. Biden and Democrats for what they claim is the politicization of the justice system, but at the same time pushing an intellectual framework that a future Republican president might use to justify directing individual law enforcement investigations.Mr. Clark, who is a favorite of Mr. Trump’s and is likely to be in contention for a senior Justice Department position if Mr. Trump wins re-election in 2024, wrote a constitutional analysis, titled “The U.S. Justice Department is not independent,” that will most likely serve as a blueprint for a second Trump administration.Like other conservatives, Mr. Clark adheres to the so-called unitary executive theory, which holds that the president of the United States has the power to directly control the entire federal bureaucracy and Congress cannot fracture that control by giving some officials independent decision-making authority.There are debates among conservatives about how far to push that doctrine — and whether some agencies should be allowed to operate independently — but Mr. Clark takes a maximalist view. Mr. Trump does, too, though he’s never been caught reading the Federalist Papers.In statements to The New York Times, both Mr. Clark and Mr. Vought leaned into their battle against the Justice Department, with Mr. Clark framing it as a fight over the survival of America itself.Conservatives have been attacking President Biden and the Justice Department, claiming it has been “weaponized.”Doug Mills/The New York Times“Biden and D.O.J. are baying for Trump’s blood so they can put fear into America,” Mr. Clark wrote in his statement. “The Constitution and our Article IV ‘Republican Form of Government’ cannot survive like this.”Mr. Vought wrote in his statement that the Justice Department was “ground zero for the weaponization of the government against the American people.” He added, “Conservatives are waking up to the fact that federal law enforcement is weaponized against them and as a result are embracing paradigm-shifting policies to reverse that trend.”Mr. Trump often exploited gaps between what the rules technically allow and the norms of self-restraint that guided past presidents of both parties. In 2021, House Democrats passed the Protecting Our Democracy Act, a legislative package intended to codify numerous previous norms as law, including requiring the Justice Department to give Congress logs of its contacts with White House officials. But Republicans portrayed the bill as an attack on Mr. Trump and it died in the Senate.The modern era for the Justice Department traces back to the Watergate scandal and the period of government reforms that followed President Richard M. Nixon’s abuses. The norm took root that the president can set broad policies for the Justice Department — directing it to put greater resources and emphasis on particular types of crimes or adopting certain positions before the Supreme Court — but should not get involved in specific criminal case decisions absent extraordinary circumstances, such as if a case has foreign policy implications.Since then, it has become routine at confirmation hearings for attorney general nominees to have senators elicit promises that they will resist any effort by the president to politicize law enforcement by intruding on matters of prosecutorial judgment and discretion.As the Republican Party has morphed in response to Mr. Trump’s influence, his attacks on federal law enforcement — which trace back to the early Russia investigation in 2017, the backlash to his firing of then-F.B.I. director James B. Comey Jr. and the appointment of Robert S. Mueller III as special counsel — have become enmeshed in the ideology of his supporters.Mr. Trump’s top rival for the Republican nomination, Gov. Ron DeSantis of Florida, also rejects the norm that the Justice Department should be independent.Gov. Ron DeSantis has likewise argued that the Justice Department should be an extension of the executive branch.Kate Medley for The New York Times“Republican presidents have accepted the canard that the D.O.J. and F.B.I. are — quote — ‘independent,’” Mr. DeSantis said in May on Fox News. “They are not independent agencies. They are part of the executive branch. They answer to the elected president of the United States.”Several other Republican candidates acknowledged that Mr. Trump’s handling of classified documents — as outlined in the indictment prepared by the special counsel, Jack Smith, and his team — was a serious problem. But even these candidates — including Senator Tim Scott of South Carolina, the former United Nations ambassador Nikki Haley, and former Vice President Mike Pence — have also accused the Justice Department of being overly politicized and meting out unequal justice.The most powerful conservative think tanks are working on plans that would go far beyond “reforming” the F.B.I., even though its Senate-confirmed directors in the modern era have all been Republicans. They want to rip it up and start again.“The F.B.I. has become a political weapon for the ruling elite rather than an impartial, law-enforcement agency,” said Kevin D. Roberts, the president of the Heritage Foundation, a mainstay of the conservative movement since the Reagan years. He added, “Small-ball reforms that increase accountability within the F.B.I. fail to meet the moment. The F.B.I. must be rebuilt from the ground up — reforming it in its current state is impossible.”Conservative media channels and social media influencers have been hammering the F.B.I. and the Justice Department for months since the F.B.I. search of Mar-a-Lago, following a playbook they honed while defending Mr. Trump during the investigation into whether his campaign conspired with the Russian government to influence the 2016 election.Senator Tim Scott is among the other Republican presidential candidates who say the Justice Department is politicized.Travis Dove for The New York TimesOn its most-watched nighttime programs, Fox News has been all-in on attacks against the Justice Department, including the accusation, presented without evidence, that Mr. Biden had directed the prosecution of Mr. Trump. As the former president addressed his supporters on Tuesday night at his Bedminster club, Fox News displayed a split screen — Mr. Trump on the right and Mr. Biden on the left. The chyron on the bottom of the screen read: “Wannabe dictator speaks at the White House after having his political rival arrested.”As president, Mr. Trump saw his attorney general as simply another one of his personal lawyers. He was infuriated when his first attorney general, Jeff Sessions, recused himself from the Russia investigation — and then refused to reverse that decision to shut down the case.After firing Mr. Sessions, Mr. Trump believed he had found someone who would do his bidding in William P. Barr, who had been in the role during George H.W. Bush’s presidency. Mr. Barr had an expansive view of a president’s constitutionally prescribed powers, and shared Mr. Trump’s critical views of the origins of the Russia investigation.Under Mr. Barr, the Justice Department overruled career prosecutors’ recommendations on the length of a sentence for Mr. Trump’s longest-serving political adviser, Roger J. Stone Jr., and sought to shut down a case against Mr. Trump’s first national security adviser, Michael Flynn, who had already pleaded guilty. Both cases stemmed from the Russia investigation.But when Mr. Trump wanted to use the Justice Department to stay in power after he lost the election, he grew enraged when Mr. Barr refused to comply. Mr. Barr ultimately resigned in late 2020. More

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      Today’s Top News: How G.O.P. Rivals View Trump’s Indictment, and More

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      The New York Times Audio app includes podcasts, narrated articles from the newsroom and other publishers, as well as exclusive new shows — including this one — which we’re making available to readers for a limited time. Download the audio app here.The Headlines brings you the biggest stories of the day from the Times journalists who are covering them, all in about 10 minutes. Hosted by Annie Correal, the new morning show features three top stories from reporters across the newsroom and around the world, so you always have a sense of what’s happening, even if you only have a few minutes to spare.Former President Donald J. Trump’s Republican competitors are desperate to get media coverage for their campaigns and are dreading what threatens to be an endless indictment news cycle.Spencer Platt/Getty ImagesOn Today’s Episode:G.O.P. Rivals See Trump’s Indictment as a Big Problem (for Them), with our political reporter Jonathan SwanAt Least 79 Die as Boat Carrying Migrants Sinks Near Greece, with our correspondent Niki KitsantonisSouthern Baptists Vote to Further Expand Restrictions on Women as Leaders, with our national religion correspondent Elizabeth DiasEli Cohen More

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      Trump visita la Pequeña Habana y recuerda la corrupción en América Latina

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      Los republicanos han comparado cada vez más los casos judiciales del expresidente con la corrupción y la opresión política en la región.Después de su comparecencia del martes, el expresidente Donald Trump visitó la Pequeña Habana, en Miami, en su más reciente intento de presentarse como un hombre perseguido por sus adversarios políticos.Fue un intento nada sutil de buscar la solidaridad de los latinos de Florida y de otros lugares.La visita de Trump al restaurante Versailles, un punto de referencia emblemático de la diáspora cubana, coincidió con la comparación, cada vez más frecuente, que hacen los republicanos de su caso con la corrupción y la opresión política en los países latinoamericanos.Afuera del juzgado federal de Miami donde se hizo la comparecencia, Alina Habba, abogada y vocera de Trump insinuó que él no era diferente de los disidentes políticos de Latinoamérica.“La persecución y enjuiciamiento de un opositor político importante es el tipo de cosas que se ven en dictaduras como Cuba y Venezuela. En esos sitios, es un lugar común que los candidatos rivales sean juzgados, perseguidos y encarcelados”, señaló.El día previo a su comparecencia, Trump afirmó que los latinos del sur de Florida se solidarizaban con él porque están familiarizados con los gobiernos que persiguen a sus adversarios.“En verdad pueden verlo mejor de lo que lo ven las demás personas”, dijo en una entrevista con Americano Media, un medio conservador en idioma español del sur de Florida.Trump ha contado con un apoyo relativamente fuerte entre las comunidades latinas, sobre todo en el sur de Florida. Eduardo A. Gamarra, profesor de Política y Relaciones Internacionales en la Universidad Internacional de Florida que también forma parte del Instituto de Estudios Cubanos, comentó que la narrativa urdida por Trump y sus partidarios, aunque falsa, era astuta.“Se ve reforzada por los medios locales, por mucho de lo que la campaña de Trump y otros republicanos están diciendo: que este gobierno, el de Biden, se está comportando como se comportan las repúblicas bananeras, así que eso ha resonado con mucha intensidad aquí. A nivel político, es buena, pero no es veraz”, afirmó el académico.Gamarra, quien nació en Bolivia, destacó que Trump también había intentado obtener el apoyo de los electores latinos al arremeter contra el socialismo y el comunismo. Lamentó la manera en que Trump y sus aliados habían mencionado a Latinoamérica en muchas ocasiones.“Es una narrativa muy poco afortunada. Creo que solo difunde los estereotipos existentes sobre Latinoamérica. Es mucho más complejo que solo la imagen de la república bananera”, dijo.La breve aparición de Trump en el restaurante fue la más reciente de él y de una larga lista de políticos que incluye a los expresidentes Bill Clinton y George W. Bush. En 2016, el restaurante recibió a Trump y a Rudy Giuliani juntos después del primer debate del exmandatario contra Hillary Clinton.Paloma Marcos, quien ha sido ciudadana estadounidense desde hace 15 años y es oriunda de Nicaragua, llegó al Versalles con una gorra de Trump y un letrero que decía “Estoy con Trump”.Comentó que muchos nicaragüenses como ella tenían afinidad por el expresidente, porque está contra el comunismo. También agregó que la gente como ella, así como los cubanos y venezolanos, habían visto que esa forma de gobierno destrozaba a sus países de origen.“Sabe él que siempre lo hemos apoyado acá. Los latinos estamos bien concientizados”, dijo Marcos. “Hemos podido quitarnos el velo, digamos, un despertar”.La reverenda Yoelis Sánchez, pastora en una iglesia local y oriunda de la República Dominicana, dijo que cuando le pidieron que fuera al restaurante Versalles a orar con Trump no dudó en acudir. Varias personas religiosas, entre evangélicas y católicas, oraban con él mientras su hija cantaba.Comentó que había orado “para que Dios le dé fortaleza y le ayude”, comentó. “Y que toda la verdad salga a la luz”. Y añadió que estaban “preocupados por el bienestar de él”.Sánchez, que vive en Doral, una ciudad que forma parte del condado de Miami-Dade y donde Trump tiene un club de golf, no era ciudadana en 2020. No quiso decir si planea votar por él en 2024.“No creo que haya venido porque le interese el voto latino solamente”, dijo. “Sino el voto de todas las personas que estamos de acuerdo en mantener los valores bíblicos”. Y añadió que como él, “los latinos de por sí nos identificamos con lo que es la familia, la vida”.Trump enfrenta acusaciones penales relacionadas con el mal manejo de documentos clasificados y la posterior obstrucción de los intentos de recuperarlos por parte del gobierno. En Estados Unidos no tiene precedentes el enjuiciamiento federal a un expresidente, pero muchos presidentes latinoamericanos han sido juzgados tras dejar el poder.El actual presidente de Brasil, Luiz Inácio Lula da Silva, pasó más de un año en la cárcel después de salir de la presidencia la primera vez. El año pasado, la expresidenta de Argentina, Cristina Fernández, fue sentenciada a seis años por corrupción. En Perú, Alejandro Toledo fue extraditado hace poco para enfrentar una acusación de soborno. El exmandatario, Alberto Fujimori, está cumpliendo una condena de 25 años en prisión.Arnoldo Alemán, de Nicaragua, es uno de los pocos expresidentes que fue arrestado en un caso de corrupción a pesar de que su propio partido estaba en el poder.“Es algo que se ve mucho en Latinoamérica, sobre todo en Perú y ahora en El Salvador”, comentó Mario García, un cliente habitual del Versailles a quien le hizo gracia ver a Trump en el restaurante. “Pero en nuestros países, en Latinoamérica, hay justificación porque lo roban todo” los presidentes, explicó García y afirmó que creía que el gobierno estaba persiguiendo a Trump porque no tiene “otra manera de detenerlo”.García señaló que no pensaba que Trump fuera al Versailles en busca de los votos de los latinos. “Los votos de aquí ya los tiene. Es muy bonito rodearse de cariño cuando a uno todo el mundo lo está atacando”.Maggie Haberman More