Federal Criminal Case Against Trump (Documents Case)

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

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

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      The Prosecution of Donald Trump May Have Terrible Consequences

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      It may be satisfying now to see Special Counsel Jack Smith indict former President Donald Trump for his reprehensible and possibly criminal actions in connection with the 2020 presidential election. But the prosecution, which might be justified, reflects a tragic choice that will compound the harms to the nation from Mr. Trump’s many transgressions.Mr. Smith’s indictment outlines a factually compelling but far from legally airtight case against Mr. Trump. The case involves novel applications of three criminal laws and raises tricky issues of Mr. Trump’s intent, of his freedom of speech and of the contours of presidential power. If the prosecution fails (especially if the trial concludes after a general election that Mr. Trump loses), it will be a historic disaster.But even if the prosecution succeeds in convicting Mr. Trump, before or after the election, the costs to the legal and political systems will be large.There is no getting around the fact that the indictment comes from the Biden administration when Mr. Trump holds a formidable lead in the polls to secure the Republican Party nomination and is running neck and neck with Mr. Biden, the Democratic Party’s probable nominee.This deeply unfortunate timing looks political and has potent political implications even if it is not driven by partisan motivations. And it is the Biden administration’s responsibility, as its Justice Department reportedly delayed the investigation of Mr. Trump for a year and then rushed to indict him well into G.O.P. primary season. The unseemliness of the prosecution will likely grow if the Biden campaign or its proxies uses it as a weapon against Mr. Trump if he is nominated.This is all happening against the backdrop of perceived unfairness in the Justice Department’s earlier investigation, originating in the Obama administration, of Mr. Trump’s connections to Russia in the 2016 general election. Anti-Trump texts by the lead F.B.I. investigator, a former F.B.I. director who put Mr. Trump in a bad light through improper disclosure of F.B.I. documents and information, transgressions by F.B.I. and Justice Department officials in securing permission to surveil a Trump associate and more were condemned by the Justice Department’s inspector general even as he found no direct evidence of political bias in the investigation. The discredited Steele Dossier, which played a consequential role in the Russia investigation and especially its public narrative, grew out of opposition research by the Democratic National Committee and the Hillary Clinton campaign.And then there is the perceived unfairness in the department’s treatment of Mr. Biden’s son Hunter, where the department has once again violated the cardinal principle of avoiding any appearance of untoward behavior in a politically sensitive investigation. Credible whistle-blowers have alleged wrongdoing and bias in the investigation, though the Trump-appointed prosecutor denies it. And the department’s plea arrangement with Hunter came apart, in ways that fanned suspicions of a sweetheart deal, in response to a few simple questions by a federal judge.These are not whataboutism points. They are the context in which a very large part of the country will fairly judge the legitimacy of the Justice Department’s election fraud prosecution of Mr. Trump. They are the circumstances that for very many will inform whether the prosecution of Mr. Trump is seen as politically biased. This is all before the Trump forces exaggerate and inflame the context and circumstances, and thus amplify their impact.These are some of the reasons the Justice Department, however pure its motivations, will likely emerge from this prosecution viewed as an irretrievably politicized institution by a large chunk of the country. The department has been on a downward spiral because of its serial mistakes in high-profile contexts, accompanied by sharp political attacks from Mr. Trump and others on the right. Its predicament will now likely grow much worse because the consequences of its election-fraud prosecution are so large, the taint of its past actions so great and the potential outcome for Mr. Biden too favorable.The prosecution may well have terrible consequences beyond the department for our politics and the rule of law. It will likely inspire ever-more-aggressive tit-for-tat investigations of presidential actions in office by future Congresses and by administrations of the opposite party, to the detriment of sound government.It may also exacerbate the criminalization of politics. The indictment alleges that Mr. Trump lied and manipulated people and institutions in trying to shape law and politics in his favor. Exaggeration and truth-shading in the facilitation of self-serving legal arguments or attacks on political opponents have always been commonplace in Washington. Going forward, these practices will likely be disputed in the language of, and amid demands for, special counsels, indictments and grand juries.Many of these consequences of the prosecution may have occurred in any event because of our divided politics, Mr. Trump’s provocations, the dubious prosecution of him in New York State and Mr. Smith’s earlier indictment in the classified documents case. Yet the greatest danger comes from actions by the federal government headed by Mr. Trump’s political opponent.The documents case is far less controversial and far less related to high politics. In contrast to the election fraud case, it concerns actions by Mr. Trump after he left office, it presents no First Amendment issue and it involves statutes often applied to the mishandling of sensitive government documents.Mr. Smith had the option to delay indictment until after the election. In going forward now, he likely believed that the importance of protecting democratic institutions and vindicating the rule of law in the face of Mr. Trump’s brazen attacks on both outweighed any downsides. Or perhaps he believed the downsides were irrelevant — “Let justice be done, though the heavens fall.”These are entirely legitimate considerations. But whatever Mr. Smith’s calculation, his decision will be seen as a mistake if, as is quite possible, American democracy and the rule of law are on balance degraded as a result.Watergate deluded us into thinking that independent counsels of various stripes could vindicate the rule of law and bring national closure in response to abuses by senior officials in office. Every relevant experience since then — from the discredited independent counsel era (1978-99) through the controversial and unsatisfactory Mueller investigation — proves otherwise. And national dissensus is more corrosive today than in the 1990s, and worse even than when Mr. Mueller was at work.Regrettably, in February 2021, the Senate passed up a chance to convict Mr. Trump and bar him from future office, after the House of Representatives rightly impeached him for his election shenanigans. Had that occurred, Attorney General Merrick Garland may well have decided not to appoint a special counsel for this difficult case.But here we are. None of these considerations absolve Mr. Trump, who is ultimately responsible for this mammoth mess. The difficult question is whether redressing his shameful acts through criminal law is worth the enormous costs to the country. The bitter pill is that the nation must absorb these costs to figure out the answer to that question.Jack Goldsmith, a Harvard law professor and a senior fellow at the Hoover Institution, is a co-author of “After Trump: Reconstructing the Presidency.”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 Normal Paths to Beating Trump Are Closing

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      In the quest to escape Donald Trump’s dominance of American politics, there have been two camps: normalizers and abnormalizers.The first group takes its cues from an argument made in these pages by the Italian-born economist Luigi Zingales just after Trump’s 2016 election. Comparing the new American president-elect to Silvio Berlusconi, the populist who bestrode Italian politics for nearly two decades, Zingales argued that Berlusconi’s successful opponents were the ones who treated him “as an ordinary opponent” and “focused on the issues, not on his character.” Attempts to mobilize against the right-wing populist on purely moral grounds or to rely on establishment solidarity to deem him somehow illegitimate only sustained Berlusconi’s influence and popularity.The counterargument has been that you can’t just give certain forms of abnormality a pass; otherwise, you end up tolerating not just demagogy but also lawbreaking, corruption and authoritarianism. The more subtle version of the argument insists that normalizing a demagogue is also ultimately a political mistake as well as a moral one and that you can’t make the full case against a figure like Trump if you try to leave his character and corruption out of it.Trump won in 2016 by exploiting the weak points in this abnormalizing strategy, as both his Republican primary opponents and then Hillary Clinton failed to defeat him with condemnation and quarantines, instead of reckoning with his populism’s substantive appeal.His presidency was a more complicated business. I argued throughout, and still believe, that the normalizing strategy was the more effective one, driving Democratic victories in the 2018 midterms (when the messaging was heavily about health care and economic policy) and Joe Biden’s “let’s get back to normal” presidential bid. Meanwhile, the various impeachments, Lincoln Project fund-raising efforts, Russia investigations and screaming newspaper coverage seemed to fit Zingales’s model of establishment efforts that actually solidified Trump’s core support.But it’s true that Biden did a fair bit of abnormalizing in his campaign rhetoric, and you could argue that the establishment panic was successful at keeping Trump’s support confined to a version of his 2016 coalition, closing off avenues to expand his popular appeal.Whatever your narrative, the events of Jan. 6 understandably gave abnormalizers the upper hand, while inflation and other issues took the wind out of the more normal style of Democratic politics — leading to a 2022 midterm campaign in which Biden and the Democrats leaned more heavily on democracy-in-peril arguments than policy.But when this abnormalizing effort was successful (certainly more successful than I expected), it seemed to open an opportunity for normalizers within the Republican Party, letting a figure like Ron DeSantis attack Trump on pragmatic grounds, as a proven vote loser whose populist mission could be better fulfilled by someone else.Now, though, that potential dynamic seems to be evaporating, unraveled by the interaction between the multiplying indictments of Trump and DeSantis’s weak performance so far on the national stage. One way or another, 2024 increasingly looks like a full-abnormalization campaign.Post-indictments, for DeSantis or some other Republican to rally past Trump, an important faction of G.O.P. voters would have to grow fatigued with Trump the public enemy and outlaw politician — effectively conceding to the American establishment’s this-is-not-normal crusade.In the more likely event of a Biden-Trump rematch, the remarkable possibility of a campaign run from prison will dominate everything. The normal side of things won’t cease to matter, the condition of the economy will still play its crucial role, but the sense of abnormality will warp every aspect of normal partisan debate.Despite all my doubts about the abnormalization strategy, despite Trump’s decent poll numbers against Biden at the moment, my guess is that this will work out for the Democrats. The Stormy Daniels indictment still feels like a partisan put-up job. But in the classified documents case, Trump’s guilt seems clear-cut. And while the Jan. 6 indictment seems more legally uncertain, it will focus constant national attention on the same gross abuses of office that cost Trumpist Republicans so dearly in 2022.The fact that the indictments are making it tougher to unseat Trump as the G.O.P. nominee is just tough luck for anti-Trump conservatives. Trump asked for this, his supporters are choosing this, and his Democratic opponents may get both the moral satisfaction of a conviction and the political benefits of beating a convict-candidate at the polls.But my guesses about Trump’s political prospects have certainly been wrong before. And there is precedent for an abnormalization strategy going all the way to prosecution without actually pushing the demagogue offstage. A precedent like Berlusconi, in fact, who faced 35 separate criminal court cases after he entered politics, received just one clear conviction — and was finally removed from politics only by the most normal of all endings: his old age and death.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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      Donald Trump’s Way of Speaking Defies All Logic

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      Not long after Mark Meadows, Donald Trump’s last chief of staff, left the White House, I asked him about the rambling telephone call he had participated in during which Mr. Trump told Brad Raffensperger, the Georgia secretary of state, to find him enough votes to overcome Joe Biden’s lead in the state.During our conversation, Mr. Meadows didn’t exactly try to defend Mr. Trump or himself but rather took a stab at putting this potentially criminal request in the context of the unusual epistemology that almost everyone around Mr. Trump has come to regard as part and parcel of his presidency.“The president has a certain way of speaking,” said Mr. Meadows. “And what he means — well, the sum can be greater or less than the whole.”The words that will very likely get Mr. Trump indicted in Georgia, and possibly Mr. Meadows along with him, were, a weary Mr. Meadows seemed to be saying, more of the same, part of Mr. Trump’s unmediated fire hose of verbiage, an unstoppable sequence of passing digressions, gambits and whims, more attuned to the rhythms of his voice than to any obligation to logic or, often, to any actual point or meaning at all and hardly worth taking notice of.Does Mr. Trump mean what he says? And what exactly does he mean when he says what he says? His numerous upcoming trials may hinge on these questions.Tony Schwartz, his ghostwriter on “The Art of the Deal” — as bewildered more than 30 years ago by Mr. Trump’s disconnected-from-reality talk as anyone might be today — came up with a formulation that tried to put Mr. Trump’s rhetorical flights from earth in the context of a salesman’s savvy. In other words, if you took him at his word, you were the fool, and yet, perhaps even more to the point, he succeeds because he comes to believe himself, making him the ultimate fool (as well as the ultimate salesman).Yes, he might have seemed to call for insurrection on Jan. 6, but as the events that day unfolded, according to various people in contact with him in the White House, he seemed uncomprehending and passive. He waved a classified document in front of a writer he was trying to impress, bragging about the secrets illegally in his possession. That certainly is in character, uncaring about rules, negligent about his actions, unthinking of the consequences. At the same time, his defense, that he had no such document, that he was waving just press clippings, that he was essentially making it all up, is in perfect character, too.And then there was the laughable plan to mobilize new state electors. Here was certainly an effort to subvert the election, but it was also a fantasy with no hope in hell of ever succeeding; indeed, he seems to have long delighted in surrounding himself with clownish people (especially lawyers) performing clownish feats to gain his approval — more court jesters than co-conspirators.His yearslong denial of the 2020 election may be an elaborate fraud, a grifter’s denial of the obvious truth, as prosecutors maintain, but if so, he really hasn’t broken character the entire time. I’ve had my share of exposure to his fantastic math over the years — so did almost everyone around him at Mar-a-Lago after the election — and I don’t know anyone who didn’t walk away from those conversations at least a little shaken by his absolute certainty that the election really was stolen from him.It is precisely this behavior, unconcerned with guardrails or rules, unmindful of cause and effect, all according to his momentary whim — an overwhelming, almost anarchic instinct to try to invert reality — that prosecutors and much of the political establishment seem to most want to hold him accountable for. The chaos he creates is his crime; there is, however, no statute against upsetting the dependable order. Breaking the rules — often seemingly to no further purpose than just to break the rules as if he were a supreme nihilist or simply an obstreperous child — is not much of a grand criminal enterprise, even though for many, it’s infuriating coming from someone charged with upholding the rules.Many Democrats have come to assume that the dastardly effect of Mr. Trump’s political success must mean that he has an evil purpose. During his trials, prosecutors will try to establish that precise link. But that might not be such a trivial challenge. He is being pursued under several broad, ill-defined statutes like the Espionage Act, RICO, conspiracy and obstruction of justice. Without an exchange of money or quid pro quo, proving his crimes will largely come down to showing specific intent or capturing his state of mind — and with Donald Trump, that’s quite a trip down the rabbit hole.His prosecutors will try to use his words against him: among them, his exhortations that arguably prompted the Jan. 6 attack on the Capitol, his admission — on tape! — that he still had classified documents, his various, half-baked plots about how to game the Electoral College system, his relentless and unremitting insistence that he won his lost election and his comments to his bag man, Michael Cohen, before he paid off Stormy Daniels.For Democrats, it’s an explosion of smoking guns.And yet the larger pattern, clear to anyone who has had firsthand experience with the former president, is that he will say almost anything that pops into his head at any given moment, often making a statement so confusing in its logic that to maintain one’s own mental balance, it’s necessary to dismiss its seriousness on the spot or to pretend you never heard it.Jack Smith, Fani Willis and Alvin Bragg will try to prove that the former president’s words are nefarious rather than spontaneous, that there has been a calculated effort to deceive rather than just idle talk, a series of crowd-pleasing gestures or cuckoo formulations and that his efforts to obstruct the investigations against him were part of a larger plan rather than just the actions of a bad boy. I’d guess that the Trump opposition doesn’t much care which it is — nefarious or spontaneous — but are only grateful that Mr. Trump, in his startling transparence, has foolishly hoisted himself with his own petard.There is a special urgency here, of course, as Mr. Trump’s chances of clinching the Republican nomination seem to grow stronger by the day. The terrible possibility for Democrats, anti-Trump Republicans and the media that he could become the president again is balanced only by their fail-safe certainty of conviction on at least some of the state and federal felony charges he is facing (a complicated paradox for a democracy, to say the least).Personally, I’m less sure of Mr. Trump’s legal fate. Prosecutors will soon run up against the epistemological challenges of explaining and convicting a man whose behavior defies and undermines the structures and logic of civic life.There’s an asymmetric battle here, between the government’s precise and thorough prosecutors and Mr. Trump’s head-smacking gang of woeful lawyers. The absolute ludicrousness and disarray of the legal team defending Mr. Trump after his second impeachment ought to go down in trial history. Similarly, a few months ago, a friend of mine was having a discussion with Mr. Trump about his current legal situation. A philosophical Mr. Trump said that while he probably didn’t have the best legal team, he was certain he had the best looking, displaying pictures of the comely women with law degrees he had hired to help with his cases.Here liberals see a crushing advantage: As ever, Mr. Trump seems unable to walk a straight line even in his own defense. But his unwillingness or, as likely, inability to play by the rules or even understand them creates a chaos often in his favor. Indeed, the prosecutors’ story of his grand scheming will most likely require them to present a figure of the former president — calculated, methodical, knowing and cunning — that none of his supporters or anyone who has ever met him or reasonable jurors and perhaps even the world at large would recognize.I can’t imagine what will be produced by this dynamic of strait-laced prosecutors versus a preposterous Mr. Trump, his malfeasance always on the edge of farce. But my gut tells me the anti-Trump world could be in for another confounding disappointment.Michael Wolff (@MichaelWolffNYC) is the author of three books about Donald Trump, including, most recently, “Landslide: Inside the Final Days of the Trump Presidency.”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 Far-Reaching Consequences of the Latest Trump Indictment

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      The latest charges against Donald Trump amount to “the most consequential of all the indictments filed so far,” the Opinion columnist David French argues in this audio essay. On Tuesday, the former president was indicted on four federal counts related to his efforts to overturn the 2020 election, efforts that were part of what French calls “one of the most malicious conspiracies in American history.” Despite this, the case, which hinges on proving Trump’s intent, may not be a slam dunk.Christopher Smith for The New York TimesThe 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.This Opinion Short was produced by Vishakha Darbha. It was edited by Kaari Pitkin and Annie-Rose Strasser. Mixing by Pat McCusker. Original music by Pat McCusker and Carole Sabouraud. Fact-checking by Mary Marge Locker. Audience strategy by Shannon Busta and Kristina Samulewski. More

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      Why Jack Smith Had to Bring This Indictment Against Trump

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      Donald Trump has now been indicted three times, accused of crimes occurring before, during and after his presidency. The latest indictment alleges facts from all quarters to prove his criminality: from the vice president to the White House counsel and the heads of the Justice Department, the Department of Homeland Security and the Office of National Intelligence, as well as many others. All are Republican loyalists.But the indictment does more: It skillfully avoids breathing air into a Trump claim of selective prosecution. To not have brought this case against Mr. Trump would have been an act of selective nonprosecution. The Justice Department has already charged and obtained convictions for myriad foot soldiers related to the attack on the Capitol on Jan. 6, 2021, including charging well over 300 people for obstructing the congressional proceedings. In this indictment, the special counsel Jack Smith wisely brings that same charge, but now against the alleged leader of the effort to thwart the transfer of power.That charge of obstruction and conspiracy to defraud the United States in the administration of elections are entirely fitting for the conduct alleged in the indictment. In a civil case last year, the Federal District Court judge David Carter held that Mr. Trump and John Eastman likely engaged in a criminal conspiracy under both those statutes in their schemes to organize false electors and pressure the vice president. Mr. Smith has now said he can prove the same conduct beyond a reasonable doubt.Although the Jan. 6 select committee referred Mr. Trump for investigation for inciting an insurrection, Mr. Smith wisely demurred. The Justice Department has not charged that offense in any other case involving the attack on the Capitol, and insurrection has not been charged since the 19th century. Of course, no president has engaged in it since then — but since no one else has been charged with that crime relating to Jan. 6, it likely would have been an issue. And since the penalty for the insurrection offense is that the defendant would not be eligible to hold federal office, it would have fueled a claim of weaponizing the Justice Department to defeat a political rival.Mr. Trump and others like him will of course continue to assert that the Justice Department has been politically weaponized. That claim has it exactly backward.To not charge Mr. Trump for trying to criminally interfere with the transfer of power to a duly elected president would be to politicize the matter. It would mean external political considerations had infected the Justice Department’s decision-making and steered the institution away from its commitment to holding everyone equally accountable under the law.What those circling their wagons around Mr. Trump are in effect asking for is a two-tiered system, in which the people who were stirred by lies to interrupt the congressional certification are held to account but not the chief instigator. That injustice has not been lost on judges overseeing cases related to Jan. 6. In the 2021 sentencing of John Lolos — a 48-year-old man with no criminal record who traveled from Seattle to hear Mr. Trump’s speech at the Ellipse before being convinced to “storm” the Capitol — Judge Amit Mehta commented on the incongruity in the D.C. courtroom.“People like Mr. Lolos were told lies, fed falsehoods, and told that our election was stolen when it clearly was not,” the judge said. He went on to add that those “who created the conditions that led to Mr. Lolos’s conduct” and the events of Jan. 6 have “in no meaningful sense” been held “to account for their actions and their words.”We are now on the doorstep of the sort of accountability that Judge Mehta found lacking.That is what also makes this indictment of the former president different. Where both the Manhattan hush money case and classified documents case have been, in some part, mired in discussions of whataboutism, the 2020 election interference indictment is where whataboutism goes to die.In this case, the Trump stratagem is unmasked. Given the record of robust prosecutions of Jan. 6 foot soldiers and Mr. Trump’s responsibility for their actions, he has had to resort to saying the Capitol attack was good, and he and his enablers have lauded convicted felons as heroes and “political prisoners.” Mr. Trump’s continued statements in favor of the Jan. 6 defendants can and likely will be used against him in any trial.As the narrative of the indictment lays out, Mr. Trump’s schemes — to sell the big lie and promote election fraud even when he privately conceded to advisers the claims were “unsupported” and “crazy” — are what contributed to the attack of Jan. 6. And it is a relief that the indictment includes Mr. Trump’s role and responsibility in that violence. Many Americans would not understand the Justice Department focusing only on bureaucratic and procedural efforts to affect the congressional certification.As Senator Mitch McConnell said at the close of Mr. Trump’s second impeachment trial, “There is no question — none — that President Trump is practically and morally responsible for provoking the events of the day.”He added: “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being accountable by either one.”What is also clear from the indictment is that Mr. Trump will most likely not be the last white-collar defendant charged for the set of crimes it sets out. Mr. Smith clearly, and properly, considers that the six co-conspirators — parts of the indictment describe actions by co-conspirators that correspond with those taken by, for example, Mr. Eastman and Rudy Giuliani — committed federal offenses that threatened the core of our democracy. The rule of law cannot tolerate those actors facing charges with the main protagonist going scot free.The main task ahead for Mr. Smith is getting his cases to trial before the general election. But the true test ahead will not be for Mr. Smith. It will be for us: Will Americans care about the rule of law enough to vote for it? The courtroom is a place where facts and law still matter, but the criminal cases against Mr. Trump will test whether the same can be said for the ballot box.Ryan Goodman, a law professor at the New York University School of Law, is a co-editor in chief of Just Security. Andrew Weissmann, a senior prosecutor in Robert Mueller’s special counsel investigation, is a professor at N.Y.U. School of Law and a host of the podcast Prosecuting Donald Trump.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 Charges Against Trump for Conspiring to Overturn the Election

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      Stella Tan and Rachel Quester and Listen and follow The DailyApple Podcasts | Spotify | Stitcher | Amazon MusicOn Tuesday afternoon, the special counsel Jack Smith filed criminal charges against former President Donald Trump over his wide-ranging attempt to overthrow the 2020 election.Luke Broadwater, a congressional reporter for The Times, talks us through the indictment and the evidence it lays out that Trump participated in an illegal conspiracy to remain in power.On today’s episodeLuke Broadwater, a congressional reporter for The New York Times.The indictment accuses Donald Trump of three conspiracies and obstructing or attempting to obstruct an official proceeding.Maddie McGarvey for The New York TimesBackground readingThe New York Times’s live coverage of the indictment.Four takeaways from the indictment.There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.Luke Broadwater More

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      The Trial America Needs

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      At last. The federal criminal justice system is going to legal war against one of the most dishonest, malicious and damaging conspiracies in the history of the United States. Tuesday’s indictment of Donald Trump, brought by the special counsel Jack Smith’s office, is the culmination of a comprehensive effort to bring justice to those who attempted to overthrow the results of an American presidential election.In the weeks after the 2020 election, the legal system was in a defensive crouch, repelling an onslaught of patently frivolous claims designed to reverse the election results. In the months and years since the violent insurrection on Jan. 6, 2021, the legal system has switched from defense to offense. With all deliberate speed, prosecutors first brought charges against Trump’s foot soldiers, the men and women who breached the Capitol. Next, prosecutors pursued the organizers of Trumpist right-wing militias, the Proud Boys and Oath Keepers, who had engaged in a seditious conspiracy to keep Trump in the White House.And now, Smith is pursuing Trump himself — along with six yet unnamed co-conspirators — alleging criminal schemes that reached the highest level of American government. This is the case that, if successful, can once and for all strip Trump of any pretense of good faith or good will. But make no mistake, the outcome of this case is uncertain for exactly the reason it’s so important: So very much of the case depends on Trump’s state of mind.At the risk of oversimplifying an indictment that contains four distinct counts — conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding and conspiracy against rights — it can be broken down into two indispensable components. First, it will be necessary to prove what Trump knew. Second, it will be necessary to prove what he did. Let’s take, for example, the first count of the indictment: 18 U.S.C. Section 371, conspiracy to defraud the United States. The statute is designed to criminalize any interference or obstruction of a “lawful governmental function” by “deceit, craft or trickery.”There’s little doubt that Trump conspired to interfere with or obstruct the transfer of power after the 2020 election. But to prevail in the case, the government has to prove that he possessed an intent to defraud or to make false statements. In other words, if you were to urge a government official to overturn election results based on a good faith belief that serious fraud had altered the results, you would not be violating the law. Instead, you’d be exercising your First Amendment rights.The indictment itself recognizes the constitutional issues in play. In Paragraph 3, the prosecutors correctly state that Trump “had a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won.”Thus, it becomes all-important for the prosecution to prove, beyond a reasonable doubt, that Trump knew he lost. Arguably the most important allegations in the indictment detail the many times that senior administration officials — from the vice president to the director of national intelligence to senior members of the Justice Department to senior White House lawyers — told him that there was no fraud or foreign interference sufficient to change the results of the election. That’s why it’s vitally important for the prosecution to cite, for example, the moment when Trump himself purportedly described one of his accused co-conspirators’ election fraud claims as “crazy.”The strong constitutional protection for efforts to influence or persuade the government makes the intent element inescapable, no matter the count in the indictment. While there are certainly nuances in the other counts regarding the precise form of proof necessary to establish criminal intent, the fact remains that the prosecution will have to utterly demolish the idea that Trump possessed a good-faith belief that he had won the election.But that’s precisely why this case is so important — more important than any previous Trump indictment. If the prosecution prevails, it will only be because it presented proof beyond a reasonable doubt that the election fraud claims that a substantial percentage of Americans still believe to be true were not only false but were also known to be false when they were made.I am not naïve. I know that not even a guilty verdict will change the perceptions of many of Trump’s most loyal supporters. As my Times colleague Nate Cohn wrote on Monday, “The MAGA base doesn’t support Mr. Trump in spite of his flaws. It supports him because it doesn’t seem to believe he has flaws.” The perceptions of these supporters may never change. They may remain loyal to Trump as long as they live.At the same time, however, a successful federal trial would strip Trump’s defenders of key talking points — that his voter fraud and vote manipulation claims have never been fully tested, that the House Jan. 6 committee was nothing but a one-sided show trial and that a proper cross-examination would expose the weakness of the government’s claims. Trump will have his opportunity to challenge the government’s case. His lawyers will have the ability to cross-examine opposing witnesses. We will see his best defense, and a jury will decide whether the prosecution prevails.The case is no slam dunk. I agree with the Politico Magazine columnist and former prosecutor Renato Mariotti, who stated that it is “not as strong” as the federal documents case against Trump. But that’s because the Mar-a-Lago documents case is exceptionally strong and clear. A former Trump administration attorney, Ty Cobb, has described the evidence as “overwhelming.” The facts appear to be uncomplicated. By contrast, the facts underlying this new indictment are anything but simple. And Trump possesses legal defenses — such as challenging the scope and applicability of the relevant statutes — that he won’t have in his federal trial for withholding documents.Yet if a prosecutor believes — as Smith appears to — that he can prove Trump knew his claims were false and then engineered a series of schemes to cajole, coerce, deceive and defraud in order to preserve his place in the White House, it would be a travesty of justice not to file charges.Consider some of the claims in the case. Paragraph 66 of the indictment says that Trump directed “fraudulent electors” to convene “sham proceedings” to cast “fraudulent electoral ballots” in his favor. Paragraph 31, quoting audio recordings, claims that Trump told the Georgia secretary of state that he needed to “find” 11,780 votes and said that the secretary of state and his counsel faced a “big risk” of criminal prosecution if they (as the special counsel describes it) “failed to find election fraud as he demanded.”This is but the tip of the iceberg of the wrongdoing Trump is accused of. But those two claims alone — even leaving aside the events of Jan. 6 and the host of other Trump efforts to overturn the election — merit bringing charges.Millions of Americans believe today that Joe Biden stole the presidency. They believe a series of demonstrable, provable lies, and their belief in those lies is shaking their faith in our republic and, by extension, risking the very existence of our democracy. There is no sure way to shake their convictions, especially if they are convinced that Trump is the innocent victim of a dark and malign deep state. But the judicial system can expose his claims to exacting scrutiny, and that scrutiny has the potential to change those minds that are open to the truth.Smith has brought a difficult case. But it’s a necessary case. Foot soldiers of the Trump movement are in prison. Its allied militia leaders are facing justice. And now the architect of our national chaos will face his day in court. This is the trial America needs.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