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    Special Counsel in Biden Documents Case Is Expected to Release Report Soon

    Most of the work by Robert K. Hur appears to have wrapped up after President Biden sat down with investigators in October, according to people in Mr. Biden’s orbit.Robert K. Hur, the special counsel investigating President Biden’s mishandling of documents retained from his vice presidency, is expected to release his report soon, according to people with knowledge of the situation.The imminent release of the report suggests that Mr. Hur is nearing the end of an investigation that began just over a year ago.It is expected to criticize Mr. Biden and his aides for sloppy record-keeping and storage, according to people in Mr. Biden’s orbit, speaking on the condition of anonymity to discuss the matter. But those people have long believed he will not be charged with any crime, judging from the lines of inquiry prosecutors have pursued in their interviews with witnesses and the president’s cooperation with investigators.Most of Mr. Hur’s work was completed in the final days of 2023, and appears to have wrapped up after Mr. Biden sat down with investigators in October, those people said. He also conducted interviews with several longtime advisers in the Biden administration, including the former chief of staff Ron Klain, Secretary of State Antony J. Blinken, Jake Sullivan, the national security adviser, and Steve Ricchetti, his counselor.Former President Donald J. Trump, who was charged over the summer with obstructing the government’s efforts to reclaim classified materials at his resort in Florida, is likely to seize on the report to downplay his own legal woes — and to claim the Justice Department has targeted him politically while letting Mr. Biden escape punishment.But Mr. Hur’s investigation does not appear to be comparable in scope or seriousness to Mr. Trump’s retention of sensitive government documents.Mr. Biden’s lawyers immediately notified the National Archives and Records Administration upon discovering a cache of classified documents in late 2022 when they were closing an office in Washington he occupied after leaving the vice presidency in 2017. They have since cooperated with the Justice Department, and gave the F.B.I. access to his house in Wilmington, Del., where they discovered more material.Mr. Trump, by contrast, repeatedly resisted requests from the National Archives, which is responsible for storing sensitive White House documents, initially turned over only a portion of what he had taken when he left office in January 2021. He failed to fully respond to a subpoena to return the rest and ultimately was subjected to a search of his home and office by F.B.I. agents with a warrant.Last January, Attorney General Merrick B. Garland appointed Mr. Hur, a veteran prosecutor who worked in the Trump administration, to examine “the possible unauthorized removal and retention of classified documents or other records discovered” after Mr. Biden left the Obama administration.With the exception of President Barack Obama, every occupant of the Oval Office since Watergate has confronted a special prosecutor scrutinizing him or members of his staff, sometimes for relatively narrow matters but at other times for issues that have mushroomed into the threat of impeachment. More

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    Prosecutors in Documents Case Reject Trump’s Claims of Bias

    The office of the special counsel, Jack Smith, pushed back on the former president’s assertions that his prosecution was motivated by animosity toward him in intelligence agencies.Federal prosecutors pushed back on Friday against former President Donald J. Trump’s contention that his prosecution over the handling of classified documents was motivated by a longstanding bias against him among the intelligence agencies and other government officials.The pushback by the office of the special counsel, Jack Smith, came in a 67-page court filing. The filing was intended to argue against Mr. Trump’s requests for additional discovery materials in the classified documents case.When Mr. Trump’s lawyers made those requests for materials last month, they signaled that they planned to place accusations that the intelligence community and other members of the so-called deep state were biased against Mr. Trump at the heart of their defense.But Mr. Smith’s team said that the former president’s requests for additional information were “based on speculative, unsupported, and false theories of political bias and animus.”Some of Mr. Trump’s demands for discovery were so ambiguous “that it is difficult to decipher what they seek,” the prosecutors wrote, while others, they added, “reflect pure conjecture detached from the facts surrounding this prosecution.”Discovery disputes can be contentious in criminal cases as defense lawyers push for as much information as they can get and prosecutors seek to limit access to materials that they believe are irrelevant.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    How Trial Delays Could Pay Off for Trump

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

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    Trump’s campaign and his legal strategy

    The former president’s campaign and his legal strategy are now one and the same.Donald Trump’s presidential campaign and his courtroom strategy are now one and the same.On Monday night, Trump won the Iowa caucuses by roughly 30 points. The next day, he took an unusual victory lap, striding into a courtroom in Manhattan for a defamation case brought against him by the writer E. Jean Carroll, who says Trump raped her in the 1990s.Throughout the week, the former president moved back and forth between the courthouse and the campaign trail. He held a rally in New Hampshire then rushed to New York again for more proceedings in the case filed by Carroll. She had previously won a finding from a civil jury that said Trump was liable for having sexually abused her and for defamation when he called her story a lie.This split-screen toggle was emblematic of how Trump intends to handle the year ahead, when he will be running for president while defending himself against multiple civil and criminal actions. On display was Trump’s desire to test how far he can push the system.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Trump Signals Plans to Go After Intelligence Community in Document Case

    Court papers filed by his lawyers, formally a request for discovery evidence, sounded at times more like political talking points.Lawyers for former President Donald J. Trump said in court papers filed on Tuesday night that they intended to place accusations that the intelligence community was biased against Mr. Trump at the heart of their defense against charges accusing him of illegally holding onto dozens of highly sensitive classified documents after he left office.The lawyers also indicated that they were planning to defend Mr. Trump by seeking to prove that the investigation of the case was “politically motivated and biased.”The court papers, filed in Federal District Court in Fort Pierce, Fla., gave the clearest picture yet of the scorched earth legal strategy that Mr. Trump is apparently planning to use in fighting the classified documents indictment handed up over the summer.While the 68-page filing was formally a request by Mr. Trump’s lawyers to the office of the special counsel, Jack Smith, to provide them with reams of additional information that they believe can help them fight the charges, it often read more like a list of political talking points than a brief of legal arguments.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    The DeSantis Campaign Is Revealing What Republican Voters Really Want

    If Ron DeSantis surprises in Iowa and beyond, if he recovers from his long polling swoon and wins the Republican nomination, it will represent the triumph of a simple, intuitive, but possibly mistaken idea: That voters should be taken at their word about what they actually want from their leaders.It was always clear, going into 2024, that a large minority of the Republican primary electorate would vote for Donald Trump no matter what — including, in the event of his untimely passing, for the former president’s reanimated corpse or his A.I. simulation. A smaller bloc strongly preferred a pre-Trump and un-Trump-like Republican; this has become the Nikki Haley constituency.This left a crucial middle bloc, maybe 40 percent of the party in my own guesstimation, that was Trump-friendly but also seemingly persuadable and open to another choice. These were those Republicans who mostly hadn’t voted for Trump in the early primaries in 2016, who had regarded him as the lesser of two evils during his tilt with Hillary Clinton, but who had gradually become more authentically favorable toward him over the course of his presidency — because of the judges he appointed, because of the strength of the economy, because they reacted against the hysteria of his liberal opponents, or just because of the alchemy of partisan identification.I talked to a lot of these kind of Republicans between 2016 and 2020 — not a perfectly representative sample, probably weighted too heavily toward Uber drivers and Catholic lawyer dads, but still enough to recognize a set of familiar refrains. These voters liked Trump’s policies more than his personality. They didn’t like some of his tweets and insults, so they mostly just tuned them out. They thought that he had the measure of liberals in a way that prior Republicans had not, that his take-no-prisoners style was suited to the scale of liberal media bias and progressive cultural hegemony. But they acknowledged that he didn’t always seem entirely in charge of his own administration, fully competent in the day-to-day running of the government.So their official position was that they wanted a version of Trump with less drama, who wasn’t constantly undermined by his generals or his bureaucrats, who didn’t seem confused about the difference between tweeting about a problem and actually addressing it. They didn’t want to go back to the pre-Trump G.O.P., but they also didn’t just want to replay Trump’s first term — especially how it ended, with Trump at war with his own public health apparatus over Covid while a left-wing cultural revolution surged through American cities and schools and mass media.Ron DeSantis’s entire persona as governor of Florida seemed to meet this ostensible demand. He had a strong record of both political and legislative success, having moved Florida rightward at the ballot box and in public policy — a clear contrast with Trump, as a one-term president who presided over notable Republican political defeats. DeSantis was a cultural battler who seemed more adept than Trump at picking fights and more willing than many pre-Trump Republicans to risk the wrath of big donors and corporations. His Covid record was exactly in tune with the party’s mood; he exuded competence when a hurricane hit; he fought constantly with the media and still won over Florida’s swing voters. If Republicans wanted to keep key elements of Trumpism but joined to greater competence, if they wanted a president who would promise to build a wall and then actually complete it, DeSantis was clearly the best and only possibility.Those voters still have a chance, beginning in Iowa, to make the choice they claimed to want. But if current polls are correct and they mostly just return to Trump, what will it say about how political identification really works?One argument will be that DeSantis failed the voters who were open to supporting him, by failing to embody on the campaign trail the brand that he built up in Florida and that had built him solid national polling numbers before he jumped into the race.For instance, it’s clear that the ability to wrangle happily with the liberal media is a crucial part of the Trumpian persona, and having showed some of that ability in Florida, DeSantis unaccountably tried to run a presidential campaign exclusively via right-wing outlets and very-online formats like his disastrous Muskian debut. His lack of charisma relative to Trump was always going to be a problem, but he still made it worse by cocooning himself, initially at least, from the conflicts that should have been a selling point.Or again, any Trumpism-without-Trump would presumably need to copy some of Trump’s flair for ideological heterodoxy, his willingness to ignore the enforcers of True Conservatism and promise big — new infrastructure projects, universal health care, flying cars — whatever the indifferent follow-through. And again, while the DeSantis of Florida seemed to have some instinct for this approach — attacking woke ideology in schools while also raising teacher salaries, say — as a presidential candidate he’s been more conventional, running the kind of ideologically narrow campaign that already failed to deliver Ted Cruz the nomination in 2016.But allowing for these kind of specific critiques of how DeSantis has failed to occupy the space he seemed to have carved out, his struggles still seem more about the gap between what voters might seem to want on paper and how political attractions are actually forged.Here DeSantis might be compared to the foil in many romantic comedies — Ralph Bellamy in a Cary Grant vehicle, Bill Pullman in “Sleepless in Seattle,” the boyfriend left behind in the city while the heroine reconnects with her small-town roots in various TV Christmas movies. He’s the guy who’s entirely suitable, perfectly sympathetic and yet incapable of inspiring passion or devotion.Or again, to borrow an insight from a friend, DeSantis is an avatar for the generation to which he (like me, just barely) belongs: He’s the type of Generation X-er who pretends to be alienated and rebellious but actually has a settled marriage, a padded résumé, a strong belief in systems and arguments and plans — and a constant middle-aged annoyance at the more vibes-based style of his boomer elders and millennial juniors.The Republican Party in the Trump era has boasted a lot of Gen X leaders, from Cruz and Marco Rubio to Paul Ryan and Haley. But numerically and spiritually, the country belongs to the boomers and millennials, to vibes instead of plans.This might be especially true for a Republican Party that’s becoming more working-class, with more disaffected and lower-information voters, fewer intensely focused consumers of the news, less interest than the Democratic electorate in policy plans and litmus tests. (Though even the Democratic electorate in 2020 opted against its most plans-based candidates in the end, which is why an analogy between DeSantis and Elizabeth Warren has floated around social media.)And it’s definitely true in the narrative context created by Trump’s legal battles, all the multiplying prosecutions, which were clearly the inflection point in DeSantis’s descent from plausible successor to likely also-ran.If a majority or plurality of Republican voters really just wanted a form of Trumpism free of Trump’s roiling personal drama, a version of his administration’s policies without the chaos and constant ammunition given to his enemies, the indictments were the ideal opportunity to break decisively for DeSantis — a figure who, whatever his other faults, seems very unlikely to stuff classified documents in his bathroom or pay hush money to a porn star.But it doesn’t feel at all surprising that, instead, voters seem ready to break decisively for Trump. The prosecutions created an irresistible drama, a theatrical landscape of persecution rather than a quotidian competition between policy positions, a gripping narrative to join rather than a mere list of promises to back. And irresistible theater, not a more effective but lower-drama alternative, appears to be the revealed preference of the Republican coalition, the thing its voters really want.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, Instagram, TikTok, X and Threads. More

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    Court Papers Offer Glimpse of Trump’s Defense in Classified Documents Case

    The former president’s lawyers may question whether the documents he took from the White House were related to national defense and whether the country’s security was damaged.Lawyers for former President Donald J. Trump on Friday told the federal judge overseeing his prosecution on charges of mishandling classified documents that they intended to ask the government for new information, including assessments of any damage to national security.The lawyers also told the judge, Aileen M. Cannon, that they planned to ask prosecutors working for the special counsel, Jack Smith, for additional information about how the documents at issue were related to national defense — a requirement of the Espionage Act, one of the statutes that Mr. Trump has been accused of violating. In addition, they said they wanted “tracking information” concerning the classified records.Mr. Trump’s legal team is poised to make the requests on Tuesday, when it files motions asking for additional discovery evidence. This is a standard part of the pretrial process in which the defense seeks to get as much information about the case out of the government as it can. Discovery motions often indicate how lawyers intend to attack charges before a trial begins or how they plan to defend against them once the case goes in front of a jury.The papers filed on Friday suggest Mr. Trump may be planning to attack the multiple Espionage Act counts he is facing by, among other things, questioning whether the documents he took from the White House were actually related to national defense. They also suggest he may seek to downplay how damaging their removal from the White House was to the country’s security.The papers themselves were not discovery motions, but rather a more simple request to use more pages than normal when the motions are due next week. But they did mention the broad categories of information that Mr. Trump’s legal team will seek.Mr. Smith’s team filed its own set of court papers on Friday, telling Judge Cannon that they intended to call several F.B.I. agents to testify at trial concerning data extracted from cellphones and other devices seized from Mr. Trump’s two co-defendants in the case. They are Walt Nauta, a personal aide who served the former president at Mar-a-Lago, his private club and residence in Florida, and Carlos De Oliveira, Mar-a-Lago’s property manager.Some of the data, the papers said, will be used to track for the jury the movements of Mr. Nauta and Mr. De Oliveira during key moments of the investigation. Both men have been charged along with Mr. Trump in a conspiracy to obstruct the government’s repeated attempts to retrieve the classified materials.Mr. Smith also told Judge Cannon about some expert witnesses who will testify about classified material, but that section of the filing was submitted under seal.Until the two sets of papers were filed on Friday, the classified documents case has been relatively quiet in recent weeks and attention has been focused on the other case Mr. Smith has brought against Mr. Trump — one accusing him of plotting to overturn the 2020 election. Last week, Mr. Trump asked a federal appeals court in Washington to toss out the election interference charges, arguing that he was immune to them because they arose from actions he took while in office.The documents case has largely been bogged down in arguments involving a host of classified materials discovered or generated during the investigation that Mr. Smith’s prosecutors believe Mr. Trump should not have access to as part of the discovery process. Mr. Trump’s lawyers responded with a highly unusual request to see a motion that prosecutors filed under seal to Judge Cannon explaining their reasons for keeping that material from Mr. Trump.The case is headed toward an inflection point on March 1, when Judge Cannon has scheduled a hearing in Federal District Court in Fort Pierce, Fla., to discuss when the trial will begin. It is currently set to start on May 20, but late last year Judge Cannon expressed concern that the proceeding might “collide” with the election interference trial, which is set to begin in early March in Washington but could well be delayed.Finding time for all four of Mr. Trump’s criminal trials — there are two more, in New York City and Atlanta — has been a logistical headache. The proceedings need to be scheduled not only in relation to each other, but also against the backdrop of an increasingly busy presidential campaign in which Mr. Trump is the current front-runner to become the Republican nominee.Mr. Trump has consistently sought to delay the trials, hoping he can postpone them until after the election is decided. If he can pull that off and win the race, he could seek to have the federal charges against him dropped and could try to complicate the efforts of local prosecutors to bring him to trial while he is in office. More

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    A Convicted Criminal as the Nominee? Trump’s Rivals Avoid Even Raising It

    The former president’s legal jeopardy offers an obvious line of attack for Nikki Haley and Ron DeSantis, but fearing voter blowback, that cudgel remains largely unused.It is an obvious line of attack that has been creeping into the arsenal of rivals trying to stop former President Donald J. Trump ahead of the Iowa caucuses on Monday — if nominated to be the Republican Party’s White House standard-bearer, the former president could very well be a convicted criminal by Election Day.Gov. Ron DeSantis of Florida inched toward that cudgel at a debate on Wednesday night, warning that a “stacked left-wing D.C. jury” is likely to sit in judgment of Mr. Trump’s efforts to subvert the 2020 election, and asking, “What are the odds that he’s going to get through that?”Then, he added, “what are we going to do as Republicans in terms of who we nominate for president? If Trump is the nominee, it’s going to be about Jan. 6, legal issues, criminal trials.”Former Gov. Nikki Haley of South Carolina has been far more reluctant to broach his legal troubles, speaking almost daily of Mr. Trump as an agent of “chaos” and “disarray” without explicitly mentioning the 91 felony counts looming against him.But perhaps taking their cues from voters leery of attacks on the former president, Mr. Trump’s closest rivals continue to avoid one ominous word: conviction.Gov. Ron DeSantis of Florida, left, and former Gov. Nikki Haley of South Carolina have continued to avoid using one word: conviction.Maansi Srivastava/The New York TimesFor the Republican Party, the reality of Mr. Trump’s legal jeopardy is inescapable, and was underscored on Tuesday when he left the Iowa campaign trail to attend courthouse arguments on whether he can claim absolute legal immunity for any actions taken as president. Regardless of how voters feel about his indictments for subverting the 2020 election, mishandling highly classified documents and falsifying business records to cover up potential sex scandals during the 2016 presidential campaign, one of those cases could go to trial before the election.And a conviction by a jury of his peers after a widely publicized trial could land differently than the indictments themselves, which were dismissed by Mr. Trump and most of his rivals as political efforts by Democrats to interfere with the presidential election.“I actually still believe they will have a trial, and he will be convicted of at least one felony count,” said Asa Hutchinson, a former Arkansas governor and federal prosecutor still pursuing his quest for the Republican presidential nomination. “That puts the Republican Party in jeopardy: a flawed nominee, a historical precedent of a nominee convicted of a felony, and then a loss” in the general election.That might sound like a potent argument for Mr. Trump’s more prominent foes, but many Republican voters don’t want to hear it. On Tuesday morning, at an Irish pub in Waukee, Iowa, Nick and Kadee Miller of Adel, Iowa, were awaiting Ms. Haley when both expressed doubts about the charges facing Mr. Trump. They supported the decisions of Ms. Haley and Mr. DeSantis to steer clear.“I really do believe if you don’t have anything good to say, don’t say anything at all,” said Ms. Miller, a 49-year-old political independent who remains undecided about her choice of candidates.Voters waited for Ms. Haley to speak at Mikey’s Irish Pub in Waukee, Iowa, on Thursday. Polling shows that a growing number of Mr. Trump’s supporters would not want him to be the Republican nominee if he were convicted of a crime.Hilary Swift for The New York TimesSteph Herold, a 62-year-old retiree from West Des Moines, said such negativity spent on Mr. Trump would waste Ms. Haley’s time.“What I love about Nikki is she speaks in facts and truth,” she said. During Mr. Trump’s presidency, “we all reverted back to the middle school playground, beating people up and being bullies. We don’t need more of that.”Bruce Norquist, a 60-year-old cybersecurity analyst from Urbandale, Iowa, was certain a conviction would only bolster Mr. Trump’s support, as the indictments did last year.But that is not what polling shows. Nearly a quarter of Mr. Trump’s own supporters told New York Times/Siena College pollsters in December that he should not be the Republican Party’s nominee if he is found guilty of a crime. Some 20 percent of those who identified themselves as Trump supporters said he should go to prison if convicted of plotting to overturn the 2020 election, and 23 percent of his supporters said in December that they believed he had committed “serious federal crimes,” up from 11 percent in July.“When you put it that way, a convicted felon, no, I don’t want to vote for a convicted felon,” Ms. Miller said, breaking with her husband, who said he would “absolutely” vote for a convicted Mr. Trump “if he could beat Biden.”On Wednesday, at a snow-covered vineyard in Indianola, Iowa, Laura Leszczynski, a 57-year-old security and information technology business owner from St. Mary’s, Iowa, was awaiting the entrepreneur-turned-presidential candidate Vivek Ramaswamy. Still undecided, she conceded she was not well-versed in the cases arrayed against Mr. Trump, but she was not willing to dismiss them.“It just seems like there’s a lot there,” she said. “I’m not a lawyer. I haven’t studied up, but I am worried.”Still, it is perhaps no coincidence that the two Republican candidates who were most ready to raise the prospect of conviction — Mr. Hutchinson and former Gov. Chris Christie of New Jersey — were seeing single digits or worse in national polling of Republican primary voters before Mr. Christie dropped out of the race on Wednesday.Former Gov. Chris Christie of New Jersey suspended his candidacy for president during an event in Windham, N.H., on Thursday.Sophie Park for The New York TimesIn his farewell speech in New Hampshire, Mr. Christie returned to the moment in the August Republican primary debate when almost all the candidates on the stage raised their hand when asked if they would vote for Mr. Trump even if he were a convicted criminal.“I want you to imagine for a second if Jefferson, Hamilton, Adams and Washington were frankly sitting here tonight,” he said. “Do you think they could imagine that the country they risked their lives to create would actually be having a conversation about whether a convicted criminal should be president of the United States?”Yet that conversation continues.In an interview on Friday with The Des Moines Register and NBC News, Ms. Haley danced around the prospects of a conviction for nearly three minutes: “He’s innocent until he’s proven guilty,” she said. “He’ll have to figure that out. I don’t have to deal with those court cases.”Mr. DeSantis has been nudging toward acknowledging the danger. In an interview last month with the conservative radio personality Hugh Hewitt, he blamed Mr. Trump’s legal jeopardy on liberals out to get him: “I think it’s very difficult for a Republican, much less Donald Trump, to get a fair shake in front of a D.C. jury,” he said.But as he has made his case against Mr. Trump more aggressively ahead of the Iowa caucuses, Mr. DeSantis has adjusted that argument.“We’re taking a huge risk by empowering a jury of, probably an all-Democrat jury in the nation’s capital, the most Democrat area in the country, to pass a judgment,” he said in the NBC News interview, “because obviously if they rule against him, if they have a verdict against him, that’s going to hurt us in the election.”Nicholas Nehamas More