Federal Criminal Case Against Trump (Documents Case)

Subterms

    More stories

    • 113 Shares179 Views

      in Elections

      How Jack Smith Quickly Brought Two Indictments Against Trump

      by

      Last fall, a largely unknown former prosecutor with a beard and a brisk gait flew unnoticed to Washington from The Hague after being summoned to a secret meeting by Attorney General Merrick B. Garland.Jack Smith’s job interview would remain unknown to all but a handful of department officials until hours before he was appointed special counsel to oversee two investigations into former President Donald J. Trump in mid-November.Over the past few months of frenetic activity, Mr. Smith’s anonymity has vanished. He has now indicted Mr. Trump twice: in June, for risking national security secrets by taking classified documents from the White House, and on Tuesday, in connection with his widespread efforts to subvert democracy and overturn an election in 2020 he clearly lost.And he has taken these actions with remarkable speed, aggressiveness and apparent indifference to collateral political consequences.Mr. Smith has now indicted former President Donald J. Trump twice.Maddie McGarvey for The New York Times“He’s going at a very fast clip — not letting the perfect be the enemy of the good — to the point that I sometimes worry they might be going a little too fast and haven’t buttoned everything up,” said Ryan Goodman, a professor at the New York University School of Law, before the release of the indictment in the election case.Mr. Smith told reporters that the attack on the Capitol on Jan. 6, 2021, was “fueled by lies” — Mr. Trump’s lies — during brief remarks on Tuesday, after a jury in Washington indicted the former president on four counts.Mr. Smith is not the first special counsel to investigate Mr. Trump. From 2017 to 2019, Robert S. Mueller III examined ties between Mr. Trump’s 2016 campaign and Russia. In his final report, he laid out a frantic effort by Mr. Trump to thwart a federal inquiry but ultimately cited a Justice Department policy in not making a determination on whether the sitting president had committed a crime. Mr. Smith, by contrast, faces no such limits, given that Mr. Trump is no longer in office.But where Mr. Mueller took two years to conclude his investigations into Mr. Trump, Mr. Smith — who took over investigations into Mr. Trump that were several months old — delivered his basic assessment in two criminal investigations in a little over eight months.Beyond the contrast in circumstances and timing, there are undeniable differences between the two men, rooted in their respective ages, experiences, management styles and prosecutorial philosophies, that have shaped their divergent charging decisions.“His disposition, compared to Mueller, seems very different — he’s working against the clock, Mueller moved a lot more slowly,” said Mr. Goodman, who is a co-founder of Just Security, an online publication that has closely monitored the Trump investigations.Mr. Trump and congressional Republicans have accused Mr. Smith, without evidence, of pursuing a politically motivated investigation intended to destroy Mr. Trump’s chances of retaking the White House, including by leaking details of the case. But department officials have said Mr. Smith is committed to conducting a fair investigation, and he has defended his own lawyers against attacks from the Trump team, who accuse them of using unethical tactics.The former president has taken to calling Mr. Smith “deranged,” and some of his supporters have threatened the special counsel, his family and his team — prompting the U.S. Marshals to spend $1.9 million to provide protection for those who have been targeted, according to federal expense reports that cover the first four months of his tenure. Mr. Smith was flanked by a three-person security detail inside his own building when he delivered remarks to reporters on Tuesday.Mr. Mueller was an established and trusted national figure when he was appointed special counsel, unlike Mr. Smith, who was virtually unknown outside the department and drew a mixed record during his tenure. Mr. Mueller had already solidified a reputation as the most important F.B.I. director since J. Edgar Hoover, after protecting and reshaping the bureau at a time when some were calling for breaking it up following the intelligence failures that preceded the Sept. 11, 2001, terrorist attacks.Robert S. Mueller III, the former special counsel, was an established and trusted national figure when he was appointed.Anna Moneymaker/The New York TimesBut there was, at times, a gap between the perception of Mr. Mueller and his ability to execute a difficult job under fire. Already in his mid-70s, he struck many of those who working with him as a notably diminished figure who, in testifying before Congress at the end of the investigation, was not entirely in command of the facts of his complex investigation.By comparison, Mr. Smith is someone who rose to the upper echelons of the Justice Department but is not well known outside of law enforcement circles. At 54, Mr. Smith, a lifelong prosecutor, is leading the investigation at the height of his career, not at the end of it.Mr. Smith is fresh off a stint as a war crimes prosecutor in The Hague and took over two investigations that were already well down the road. Mr. Smith sees himself as a ground-level prosecutor paid to make a series of fast decisions. He is determined to do everything he can to quickly strengthen a case (or end it) — by squeezing witnesses and using prosecutorial tools, such as summoning potential targets of prosecution before a grand jury to emphasize the seriousness of his inquiries, people close to him have said.When Mr. Smith took over as chief of the Justice Department’s public integrity unit in 2010, the unit was reeling from the collapse of a criminal case against former Senator Ted Stevens, Republican of Alaska. In his first few months on the job, he closed several prominent investigations into members of Congress without charges.At the time, Mr. Smith brushed off the suggestion that he had lost his nerve. “If I were the sort of person who could be cowed,” he said, “I would find another line of work.”Among his more notable corruption cases was a conviction of Robert McDonnell, the Republican former governor of Virginia, that was later overturned by the Supreme Court, and a conviction of former Representative Rick Renzi, Republican of Arizona, whom Mr. Trump pardoned during his final hours as president.Mr. Smith appears to be somewhat more involved than Mr. Mueller in the granular details of his investigations. Even so, he seldom sits in personally on witness interviews — and spoke only sparingly during two meetings with Mr. Trump’s defense lawyers, delegating the discussions to subordinates, according to people familiar with the situation.Mr. Smith’s stony style, intentional or not, has the effect of sowing considerable unease across a conference table or courtroom.James Trusty, who quit the former president’s defense team a day after meeting with Mr. Smith’s team in June, worked for years with Mr. Smith as a senior criminal prosecutor at Justice Department headquarters and told associates he was a “serious” adversary not to be underestimated. Other lawyers said Mr. Smith’s team has fed the sense of mystery by describing him in veiled or cryptic terms, with one calling him “the man behind the curtain.”He has been more public-facing than Mr. Mueller in one critical respect — delivering short, sober statements to the news media after each grand jury indictment.Mr. Mueller said little when faced with a barrage of falsehoods pushed publicly by Mr. Trump and his allies about him and his investigative team. But at a news conference after Mr. Trump was indicted in the documents case, Mr. Smith seemed to be speaking with an added purpose: to rebut claims that one of his prosecutors, Jay I. Bratt, had inappropriately pressured a defense lawyer representing one of Mr. Trump’s co-defendants, according to a person with knowledge of the situation.“The prosecutors in my office are among the most talented and experienced in the Department of Justice,” he said. “They have investigated this case hewing to the highest ethical standards.”While much attention has centered on Mr. Smith, most of the day-to-day work on critical elements of the case has been done by several prosecutors known for their aggressive approaches.One of them is J.P. Cooney, the former leader of the public corruption division of the U.S. attorney’s office in Washington. Mr. Cooney has worked on several politically fraught trials and investigations that drew the ire of Republicans and Democrats alike.He unsuccessfully prosecuted two Democrats — Senator Robert Menendez of New Jersey and Greg Craig, a former White House counsel during the Obama administration — and investigated Andrew G. McCabe, the former F.B.I. deputy director, who was vilified by Mr. Trump for the bureau’s Russia investigation. (Mr. McCabe was never prosecuted.)More recently, Mr. Cooney oversaw the lawyers prosecuting Roger J. Stone Jr., a longtime political adviser to Mr. Trump. The lawyers quit in protest after the Justice Department under William P. Barr intervened in his sentencing. (Mr. Cooney was deeply upset by the intervention, but he said the case was “not the hill worth dying on” according to Aaron Zelinsky, a career prosecutor, who testified before the House Oversight Committee in 2020.)A second key player is Thomas P. Windom, who was brought in nearly a year before Mr. Smith’s appointment to coordinate the complicated Jan. 6 investigation that had once been seated in the U.S. attorney’s office in Washington.Mr. Smith had a stint as a war crimes prosecutor at The Hague, in the Netherlands.Pool photo by Peter DejongMr. Smith has relied on F.B.I. agents to perform investigative tasks, which is not uncommon for special counsels. But the F.B.I. is not walled off from Mr. Smith’s investigation, unlike the agents who were detailed to work for John H. Durham, a special counsel who investigated the origins of the F.B.I.’s Russia investigation.In a letter to House Republicans in June, Carlos F. Uriarte, the Justice Department’s legislative affairs director, disclosed that Mr. Smith employed about 26 special agents, with additional agents being brought on from “time to time” for specific tasks related to the investigations.Mr. Smith, unlike many previous special counsels, did not hire most of the staff: He inherited two existing Trump investigations and moved them from Justice Department headquarters to his new office across town. Some of the investigative legwork was also done by investigators with the U.S. Postal Inspection Service and agents with the Justice Department’s inspector general working alongside Mr. Windom at one point.He has, however, exerted direct control over both inquiries, trying to keep even the most quotidian information about his efforts away from the news media, and been present, if sotto voce, at the most critical moments.During Mr. Trump’s arraignment in Miami in June, Mr. Smith sat in the gallery, closely watching the proceedings. Some in the courtroom suggested he stared at Mr. Trump for much of the hearing, sizing him up.But that was not really the case. He listened intently to the lawyers on both sides, at times leaning in toward a colleague to make a whispered comment or ask a question.Alan Feuer More

    • 150 Shares189 Views

      in Elections

      Trump PAC Down to $4 Million Cash on Hand After Legal Fees

      by

      The scramble to cover legal bills for former President Donald J. Trump and his associates has prompted what appears to be the largest refund in federal campaign finance history.Former President Donald J. Trump’s political action committee, which began last year with $105 million, now has less than $4 million left in its account after paying tens of millions of dollars in legal fees for Mr. Trump and his associates.The dwindling cash reserves in Mr. Trump’s PAC, called Save America, have fallen to such levels that the group has made the highly unusual request of a $60 million refund of a donation it had previously sent to a pro-Trump super PAC. This money had been intended for television commercials to help Mr. Trump’s candidacy, but as he is the dominant front-runner for the Republican nomination in 2024, his most immediate problems appear to be legal, not political.The super PAC, which is called Make America Great Again Inc., has already sent back $12.25 million to the group paying Mr. Trump’s legal bills, according to federal records — a sum nearly as large as the $13.1 million the super PAC raised from donors in the first half of 2023. Those donations included $1 million from the father of his son-in-law, Charles Kushner, whom Mr. Trump pardoned for federal crimes in his final days as president, and $100,000 from a candidate seeking Mr. Trump’s endorsement.The extraordinary shift of money from the super PAC to Mr. Trump’s political committee, described in federal campaign filings as a refund, is believed to be larger than any other refund on record in the history of federal campaigns.It comes as Mr. Trump’s political and legal fate appear increasingly intertwined. The return of money from the super PAC, which Mr. Trump does not control, to his political action committee, which he does, demonstrates how his operation is balancing dueling priorities: paying lawyers and supporting his political candidacy through television ads.Save America, Mr. Trump’s political action committee, is prohibited by law from directly spending money on his candidacy. When Save America donated $60 million last year to Mr. Trump’s super PAC — which is permitted to spend on his campaign — it effectively evaded that prohibition.It is not clear from the filing exactly when the refund was requested, but the super PAC did not return the money all at once. It gave back $1 million on May 1; $5 million more on May 9; another $5 million on June 1; and $1.25 million on June 30. These returns followed Mr. Trump’s two indictments this year: one in Manhattan in March, and one last month in federal court.An additional transfer of a chunk of money to Save America came in July, according to a person familiar with the matter, suggesting that the super PAC could continue to issue refunds and therefore indirectly pay for Mr. Trump’s legal bills in the coming months. The communications director for the super PAC, Alex Pfeiffer, declined to comment on any additional transfer.The super PAC spent more than $23 million on mostly negative advertising attacking his leading rival, Gov. Ron DeSantis of Florida, earlier this year.Super PACs can raise unlimited money, while regular PACs have strict $5,000 donation limits. Some campaign finance experts described the refunds as a backdoor effort by Save America to skirt that limit.“I don’t know that calling it a refund changes the fundamental illegality,” said Adav Noti, a former lawyer for the Federal Election Commission’s litigation division.The pro-Trump super PAC and Trump-controlled PAC must be independent entities and are barred from any coordination on strategy, a fact that Mr. Noti indicated could be at issue with the staggered refunds.“So for the super PAC and the Trump PAC to be sending tens of millions dollars back and forth depending upon who needs the money more strongly suggests unlawful financial coordination,” said Mr. Noti, who is now the legal director of the Campaign Legal Center, a watchdog group that had filed a previous complaint about the $60 million transfer.In response to Mr. Noti’s suggestion of illegality, Steven Cheung, a spokesman for the Trump campaign, said in a statement: “Everything was done in accordance with the law and upon the advice of counsel. Any disgusting insinuation otherwise, especially by Democrat donors, is nothing more than a feeble attempt to distract from the fact that President Trump is dominating this race — both in the polls and with fund-raising — and is the only candidate who will beat Crooked Joe Biden.”Save America was already under scrutiny by the special counsel Jack Smith for paying lawyers representing witnesses in cases against Mr. Trump. The group was seeded with the more than $100 million that Mr. Trump raised almost immediately after losing the 2020 election, as he claimed he was fighting widespread voter fraud. Federal prosecutors are also looking into whether Republicans and Trump advisers knew he had lost but continued with such claims anyway.Some of Mr. Trump’s rivals and their allies have seized on the Save America legal payments, accusing him of using small-dollar donations intended for another purpose to pay for his lawyers.Mr. Trump’s more recent actions appear to acknowledge his vulnerability to such criticism.For instance, his team recently formed a legal-defense fund to help allies of Mr. Trump who are facing legal scrutiny, though the fund is not expected to help cover his own bills. And at a rally in Erie, Pa., on Saturday, Mr. Trump said that he would spend as much of his own money on his campaign as was necessary, without mentioning his legal expenses.The DeSantis campaign is keenly aware that the multiple criminal indictments against Mr. Trump have only intensified his support among many Republican primary voters, who view him as a victim of political persecution.But the latest revelations provided an opening for Mr. DeSantis’s team to claim the former president was grifting off his supporters.Mr. DeSantis’s rapid-response director, Christina Pushaw, suggested that “MAGA grandmas were scammed” out of their Social Security checks “in order to pay a billionaire’s legal bills.”Mr. DeSantis himself declined to address the subject after an economic policy speech in Rochester, N.H., on Monday, dismissing a question about it as uninteresting to voters.Save America also footed some of the costs of salaries for staff members who are being paid by Mr. Trump’s campaign as well. That included the salary of Walt Nauta, a personal aide to Mr. Trump who is also one of his two co-defendants in the federal indictment accusing the former president of improperly retaining classified material and obstructing efforts to retrieve it.After all its spending and refunded money, Mr. Trump’s super PAC entered July with $30 million on hand. Among the group’s largest contributions were $5 million from Trish Duggan, a prominent Florida Scientologist; $1 million from Woody Johnson, Mr. Trump’s former ambassador to England and an heir to the Johnson & Johnson pharmaceutical empire; and $2 million from Phil Ruffin, a Las Vegas casino magnate.The super PAC also received $100,000 from Bernie Moreno, a businessman who is running for the U.S. Senate in Ohio and who is seeking Mr. Trump’s endorsement. And it received another $138,400 from Saul Fox, a Republican donor who also gave money to the super PAC supporting Mr. DeSantis.High-dollar fund-raising for the Trump super PAC has accelerated in recent weeks as the former president has added to his commanding polling lead over Mr. DeSantis, according to people familiar with the group’s finances. An official with Make America Great Again Inc., who was not authorized to discuss contributions not on the federal filing, said the super PAC had raised $15 million in July — more than it had raised in the first six months of the year combined.Nicholas Nehamas More

    • 100 Shares179 Views

      in Elections

      The Biden Family Drama Is Far From Over

      by

      Gail Collins: Bret, I suspect our first big argument today will be about Hunter Biden. But I feel sorta obliged to start with Donald Trump. I mean, how often do you have a former president facing the threat of multiple indictments on alleged transgressions ranging from paying hush money over a sex scandal to prompting a riot that stormed the Capitol to trying to fix an election?Bret Stephens: While reportedly ordering an employee to delete potentially incriminating security camera footage in Mar-a-Lago. My preferred nickname for the 45th president, as you know, is Benito Milhous Caligula, but maybe we could switch that to G. Gordon Berlusconi.Gail: Said former president is, of course, the front-runner for the next Republican nomination.What’s your take on all this?Bret: Two thoughts. First, Trump belongs in prison, assuming Jack Smith, the special counsel in the documents matter, can prove his case in court. At a minimum, it looks to me like an open-and-shut case of obstruction of justice. Apparently, nobody told The Donald that the cover-up is usually worse than the crime.Gail: From your lips to God’s ears.Bret: Second, the more the legal system comes after Trump, the more the Republican rank-and-file will rally around him as both a truth-teller and a martyr. The hard right increasingly views the U.S. justice system in ways that the far left traditionally has: as a rigged, corrupt system in which sinister insiders use the levers of power to advance the interests of the elite at the expense of ordinary people.And of course, the Hunter Biden saga plays right into that narrative.Gail: Knew you’d be dying to go on to Hunter. I thought the plea deal was pretty reasonable. His crimes were tax evasion and lying when he bought a gun by failing to acknowledge he was a drug addict. I hate the idea of virtually anybody being able to obtain a gun. But even I do not expect drug addicts will voluntarily share that information when they attempt to buy one. So, definite criminal behavior but not a real shocker.Bret: If Hunter had been poor and Black, would the justice system have been as indulgent?Gail: A fair point. But in most places, a poor Black defendant from a responsible family who’s subsequently been living a sober, well-supervised life probably could have made this kind of deal. Or, OK, at least in some places.Bret: Hmmm.Maybe Hunter is a swell guy in private, and I have sympathy for anyone struggling with addiction. But what’s in the public record about him — from his obvious willingness to trade on the perception of access to make his living from dubious foreign sources to his reluctance to acknowledge paternity of one of his daughters to his career as a mediocre artist selling work at curiously astronomical prices to not paying taxes and then almost getting off with what seemed like a wrist slap — doesn’t exactly brighten the Biden family name. And while Republicans are jumping to conclusions without rock-solid evidence, I’m not entirely confident that Joe Biden really had no inkling of what his son was up to or that the larger Biden family didn’t benefit from Hunter’s shenanigans.Gail: Absolutely no evidence Joe Biden knew about Hunter’s lawbreaking. But one charge I’d bet on is that Hunter dropped dad’s name a lot when trying to do business with foreign honchos. Sort of hard to imagine him being saintly enough to avoid it. And the whole idea of his making deals with foreign honchos in the first place while his father was vice president is … bad.Bret: When it came to the Trump family’s finances — from his tax avoidance schemes to his foreign hotels to Jared Kushner’s sweetheart financing with Saudi Arabia — the news media left no stone unturned. It behooves journalists to be as aggressively curious about the Biden family’s finances. Especially since a federal judge wasn’t at all keen on Hunter’s plea deal, and I.R.S. agents are alleging political interference in the case.Gail: Absolutely. And news of Hunter’s unacknowledged daughter — brought to us by The Times’s great reporting — is a deeply depressing embarrassment for both father and grandfather. I was happy to see Joe Biden acknowledge her last Friday.But I still don’t believe anything on the Biden bad-behavior ledger compares to the way Trump built a personal real estate empire on smarmy-to-corrupt practices.Bret: Yeah — probably.Gail: And you know, as irritating as I find Donald Jr. and Eric making pots of money off their family name, I wouldn’t find that alone a major reason to violently oppose their father’s presidential ambitions.I think it’s the same with Hunter Biden — the House Republicans may be trying to make him a big campaign issue, but voters mostly don’t care.Bret: I bet plenty of voters would like to know how the extended Biden family raked in $17 million from foreign sources between 2014 and 2019, as a whistle-blowing I.R.S. agent testified. This was a period that seems to have coincided with Hunter’s crack binges. Just what expert services was he providing for that kind of income? Glassblowing?Gail: Well, we’re not gonna resolve every part of this today. Always enjoy having a Hunter fight with you, Bret, and we’ll undoubtedly turn back to this subject. But let’s move on to Congress. Lots to discuss there.Bret: Ad aspera per aspera, as some Roman must have said.Gail: Mitch McConnell seemed to go totally blank while talking with reporters last week. People are wondering if he’s developed serious aging problems that should make him step down from his job as Senate minority leader. What do you think?Bret: That one is between him and his physician, and he seemed to recover his faculties later during the press conference. But as with Dianne Feinstein, Chuck Grassley or, ahem, Joe Biden, elderly politicians do themselves no favors by trying to hang on to office for too long. Interesting question is who might replace him. Any free advice for the Senate Repubs?Gail: We both agreed long ago that we wished the president wasn’t intent on running for re-election in his 80s. As to McConnell, I’ll never forgive him for squatting on Barack Obama’s final nomination to the Supreme Court. Still, I have to admit he’s generally seemed at least non-crazy as minority leader.But proposing a successor is your territory. Any ideas?Bret: I don’t think McConnell will step down right away, but someone I know who knows things tells me that the likeliest replacements are either South Dakota’s John Thune, the current No. 2, or Texas’ John Cornyn. My own preference would be Cornyn: a smart and sober guy and a non-MAGA conservative. Whatever else you might say about Cornyn, he is to the junior senator from Texas what pumpkin pie is to a jack-o’-lantern.Gail: Love your Ted Cruz reference. Hehehehe.Bret: Can I switch the subject to cultural issues? First, Kevin Spacey’s acquittal in a London courtroom on nine charges of sexual assault.Gail: Bret, not having really kept up on the Spacey situation, I’m going to have to defer to you.Bret: This is Spacey’s second acquittal, following last year’s in a case brought in New York by the actor Anthony Rapp. What bothers me is that even now, Spacey will face an “uphill battle” to get major roles again, according to a report in The Times. He’s one of the greatest actors alive, the Laurence Olivier of our day. He’s spent the last six years as persona non grata. He’s been declared not guilty by two juries in two countries. I think his case, like that of Armie Hammer, will be remembered as another ugly instance of #MeToo opportunism. To borrow a line from Raymond J. Donovan, Ronald Reagan’s unjustly indicted labor secretary, to which office does he go to get his reputation back?Sorry, I had to rant. I hope some major Hollywood director has the guts and grace to give him a starring role.Gail: Rant away! And as I said, I’m following your lead on this one. Except for your #MeToo swipe. The whole #MeToo opportunism reference hurts me.On a far less somber note, I have to say I’m siding with the law-and-order crowd when it comes to the Biden family dog, Commander, who’s allegedly bitten Secret Service agents at least 10 times over the last few months.I’m sure Commander has his own side of the story, but he should be exiled to the countryside forever. No deal with the prosecutor where he pleads guilty and then gets nothing but probation.Bret: Maybe Commander got hold of that stash of white powder that was found in the White House? “Cocaine K-9” could make an interesting sequel to “Cocaine Bear.”The other subject I wanted to raise is Sinead O’Connor, the Irish singer who sadly passed away last week. She basically blew up her musical career in the United States when in 1992 she tore up a picture of Pope John Paul II on “Saturday Night Live” in protest of the church’s cover-up of clerical sexual abuse. Your thoughts?Gail: I’d love to see Sinead O’Connor’s story enshrined with other celebrities who did something righteous and fell into career limbo as a result. Many celebrities have been outspoken with few repercussions. But messing with religious leaders will almost always get you in deep trouble. Even when they deserve it.Bret: O’Connor was calling attention to hideous facts about the church a decade before The Boston Globe’s Spotlight stories put it on the national agenda. She used her musical celebrity in exemplary fashion to call out monstrous evil. She went directly after one of the most beloved public figures of the time, now canonized, and she did so at heavy cost to her own career. It was an exemplary use of free speech and an extraordinary act of courage.Nothing compared 2 her. Rest in peace.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

    • 125 Shares119 Views

      in Elections

      Jack Smith’s Experience in The Hague and the Trump Investigations

      by

      Donald Trump openly flatters foreign autocrats such as Vladimir V. Putin and Saudi Arabia’s Crown Prince Mohammed bin Salman, and in many ways Mr. Trump governed as authoritarians do around the globe: enriching himself, stoking ethnic hatreds, seeking personal control over the courts and the military, clinging to power at all costs. So it is especially fitting that he has been notified that he may soon be indicted on charges tied to alleged efforts to overturn the 2020 election by an American prosecutor who is deeply versed in investigating the world’s worst tyrants and war criminals.Jack Smith, the Justice Department special counsel — who has already indicted Mr. Trump on charges of illegally retaining secret documents and obstructing justice — has a formidable record as a career federal prosecutor in Tennessee, New York and Washington. Yet he also has distinctive expertise from two high-stakes tours of duty as an international war crimes prosecutor: first at the International Criminal Court and then at a special legal institution investigating war crimes in Kosovo. For several momentous years in The Hague, he oversaw investigations of foreign government officials and militia members who stood accused of war crimes, crimes against humanity and genocide.There are two competing visions of national and international justice at play in Mr. Smith’s investigation of Mr. Trump. One is the lofty principle that even presidents and prime ministers must answer to the law. The other is the reality that such powerful leaders can try to secure their own impunity by decrying justice as a sham and rallying their followers, threatening instability and violent backlash. These tensions have defined the history of international war crimes prosecutions; they marked Mr. Smith’s achievements in court; they are already at play in Mr. Trump’s attempts to thwart the rule of law.Start with the ideals. The United States championed two international military tribunals held at Nuremberg and Tokyo after World War II, which put senior German and Japanese leaders on trial for aggression, war crimes and crimes against humanity. Henry L. Stimson, the U.S. secretary of war, privately exhorted Franklin Delano Roosevelt that even Nazi war criminals should be given a “well-defined procedure” including “at least the rudimentary aspects of the Bill of Rights.”Both the Nuremberg and Tokyo trials convicted senior leaders for atrocities committed while in government, treating their deeds not as acts of state but as personal crimes punishable by law. After the Cold War, these principles of legal punishment for the world’s worst criminals were revived with United Nations tribunals for the former Yugoslavia and Rwanda, as well as special courts for East Timor, Sierra Leone and elsewhere.Mr. Smith hewed to the ideal of individual criminal responsibility as the prosecutor for the Kosovo Specialist Chambers, which was created under U.S. and European pressure to investigate war crimes and crimes against humanity from 1998 to 2000 related to Kosovo’s struggle for independence from Serbia. Although part of Kosovo’s legal system, the institution is headquartered in The Hague and staffed by international judges and personnel — which is how Mr. Smith, a U.S. citizen, wound up serving as its specialist prosecutor.In June 2020, his office revealed that it was seeking to indict Hashim Thaci, then Kosovo’s popular president, who was on his way to the White House for a summit with Serbia convened by the Trump administration. Mr. Thaci, a former Kosovo Liberation Army guerrilla leader, returned home, later resigning as president and being detained in The Hague in order to face several counts of war crimes and crimes against humanity in an ongoing trial that could last for years.It is always difficult and risky to prosecute national leaders with some popularity among their people. Savvy dictators will often secure a promise of amnesty as the price for a transition of power, which is why a furtive impunity — such as that promulgated in Chile by Gen. Augusto Pinochet’s military government in 1978 — is more common than spectacular trials such as Nuremberg or Tokyo. In order to impose justice on Nazi Germany and Imperial Japan, the Allies had to commit to a devastating policy of unconditional surrender, which meant that German and Japanese war criminals could not negotiate for their own necks. Even so, the Truman administration quietly undercut that pledge of unconditional surrender for Emperor Hirohito, fearing that the Japanese might fight on if he was prosecuted as a war criminal. The Truman administration left the emperor securely in the Imperial Palace while his prime ministers and generals were tried and convicted by an Allied international military tribunal in Tokyo.At an earlier point in his career, from 2008 to 2010, Mr. Smith worked as the investigation coordinator in the prosecutor’s office at the International Criminal Court, the permanent international war crimes tribunal based in The Hague. Although 123 countries from Afghanistan to Zambia have joined the I.C.C., the tribunal was a bugbear for the Trump administration; Mr. Trump’s national security adviser, John Bolton, vowed to let it “die on its own,” while his secretary of state, Mike Pompeo, reviled it as a “renegade, unlawful, so-called court.”Anyone working at the I.C.C. must understand how constrained and weak the court actually is. In 2009 and 2010, the I.C.C. issued arrest warrants for Sudan’s president, Omar Hassan al-Bashir, charging him with war crimes, crimes against humanity and genocide in the Darfur region; he is still at large, even after being overthrown. When a prominent Kenyan politician, Uhuru Kenyatta, was charged with crimes against humanity after ethnic violence in the wake of his country’s 2007 presidential election, he decried the I.C.C. as a neocolonial violation of Kenya’s sovereignty. In 2013 he was narrowly elected president of Kenya. In 2014, the I.C.C. prosecutor dropped the charges against Mr. Kenyatta, fuming that Kenya’s government had obstructed evidence and intimidated witnesses.From Kenya to Kosovo, Mr. Smith presumably knows all too well how an indicted politician can mobilize his loyalists to defy and obstruct a prosecution. When Mr. Thaci’s trial started in The Hague in April, some Kosovars rallied in support of a leader seen by them as a heroic guerrilla fighter against Serbian oppression. Mr. Smith’s office has complained that Mr. Thaci and other suspects were trying to obstruct and undercut the work of prosecutors, as well as convicting two backers of the Kosovo Liberation Army for disseminating files stolen from the office.Mr. Trump is already instinctively following a similar playbook of bluster and intimidation — even though he is not facing an international tribunal, but the laws of the United States. He has compared the F.B.I. agents investigating him to the Gestapo and smeared Mr. Smith as “deranged,” while crudely warning an Iowa radio show that it would be “very dangerous” to jail him since he has “a tremendously passionate group of voters.”Yet Mr. Trump will find that Mr. Smith has dealt with the likes of him — and worse — before. The American prosecutor is well equipped to pursue the vision of a predecessor Robert H. Jackson, the eloquent Supreme Court justice who served as the U.S. chief prosecutor at Nuremberg, who declared in his opening address there: “Civilization asks whether law is so laggard as to be utterly helpless to deal with crimes of this magnitude by criminals of this order of importance.”Gary J. Bass is the author of “The Blood Telegram” and the forthcoming “Judgment at Tokyo: World War II on Trial and the Making of Modern Asia.”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

    • 125 Shares179 Views

      in Elections

      Trump Team Creates Legal-Defense Fund to Cover His Allies’ Bills

      by

      With investigations and legal fees piling up, a fund is planned to help witnesses and defendants. The former president’s legal bills are not expected to be included, however.Former President Donald J. Trump’s team is creating a legal-defense fund to handle some of the crush of legal bills stemming from the investigations and criminal indictments involving him and a number of employees and associates, according to two people with knowledge of the matter.The fund, which is expected to be called the Patriot Legal Defense Fund Inc., will be led by Michael Glassner, a longtime Trump political adviser, according to the people familiar with the planning, who were not authorized to discuss it publicly. Another Trump aide who worked at the Trump Organization and then in Mr. Trump’s administration, Lynne Patton, will also be involved, the people said.It is unclear how broad a group of people the legal-defense fund will cover, but one person said it was not expected to cover Mr. Trump’s own legal bills. In recent months Mr. Trump’s political action committee has paid legal bills for him and several witnesses, spending over $40 million on lawyers in the first half of 2023.But a wide swath of people have become entangled in the various Trump-related criminal investigations, both as witnesses — of which there are many who work for Mr. Trump personally or did in the White House — as well as defendants.A spokesman for Mr. Trump, Steven Cheung, said that the Justice Department had “targeted innocent Americans associated with President Trump,” and that “to combat these heinous actions” and “protect these innocent people from financial ruin and prevent their lives from being completely destroyed, a new legal defense fund will help pay for their legal fees to ensure they have representation against unlawful harassment.”Mr. Trump’s PAC, Save America, has been a focus of one of the investigations by the special counsel Jack Smith, who has had at least two grand juries looking at Mr. Trump and his allies and advisers. Mr. Smith’s team has questioned why some lawyers for specific witnesses are being paid, as well as whether aides to Mr. Trump and Republicans knew Mr. Trump had lost the election but continued to raise money off his debunked claims.The creation of the legal-defense fund could ease some of the financial pressure on Save America, which was severe enough that it requested a refund of the $60 million it had transferred to a pro-Trump super PAC late last year. Michael Glassner, a longtime Trump political adviser, will lead what is expected to be called the Patriot Legal Defense Fund Inc.Andrew Harnik/Associated PressMr. Trump now has two co-defendants, Walt Nauta and Carlos De Oliveira, in the federal investigation into his retention of reams of presidential material and classified documents after he left office. Both men work for Mr. Trump; Mr. Nauta works for the Trump campaign, and Mr. De Oliveira is the property manager at Mar-a-Lago, Mr. Trump’s private club.Last month, Mr. Trump appeared at a fund-raiser at his golf club in Bedminster, N.J., for a group that assists those arrested in connection with the Jan. 6 riot and their families. “I’m going to make a contribution,” Mr. Trump told them, according to a video of his remarks. That group’s name, the Patriot Freedom Project, echoes the new name of Mr. Trump’s legal fund.Mr. Trump had long resisted such an entity. For years, he told people that only guilty people have legal-defense funds.Mr. Trump, a wealthy businessman, has been using money parked in Save America to pay legal bills for himself and a number of witnesses in the four criminal investigations into his actions in and out of office. Save America was created to house the more than $100 million that Mr. Trump raised shortly after the November 2020 election, as he claimed he needed his supporters’ help to combat widespread voter fraud.No such widespread fraud was ever proved, but Mr. Trump had tens of millions of dollars at his disposal. He cannot spend the money directly on his 2024 presidential candidacy, but has been using it for legal bills. Last year, he made the $60 million transfer to the super PAC that is backing him, well before the refund request was made.In 2021 and 2022, Save America paid for Mr. Trump’s political operation while he was out of office and not an official candidate, paying for staff members and rallies. It also picked up $16 million in legal fees. Mr. Trump’s rivals have been using the Save America legal payments as an attack on him. And he appears to have recognized it as a potential weak point: On Saturday evening, at a rally in Erie, Pa., he said he would put whatever money he needs to put into his campaign, if it comes to that. More

    • 138 Shares199 Views

      in Elections

      Trump Says Republicans Should Investigate Democrats or Risk Losing Their Seats

      by

      Casting Republicans as meek, former President Donald J. Trump said members of his party should pursue investigations against Democrats — or risk losing their seats.Former President Donald J. Trump lashed out at Republicans in Congress while campaigning in Pennsylvania on Saturday, threatening members of his party who do not share his appetite for pursuing corruption investigations against President Biden and his family — and for retribution.In a litany of grievances about his deepening legal woes and the direction of the country, the twice-indicted former president cast G.O.P. holdouts as meek during a rally in Erie, Pa., criticizing their response to what he described as politically motivated prosecutions against him.“The Republicans are very high class,” he said. “You’ve got to get a little bit lower class.”And then Mr. Trump, the overwhelming front-runner for the 2024 Republican presidential nomination, put party members on notice.“Any Republican that doesn’t act on Democratic fraud should be immediately primaried,” said Mr. Trump, to the roaring approval of several thousand supporters at the Erie Insurance Arena. Throughout the night he referenced the case against Hunter Biden and accused the president of complicity in his son’s troubles.It was the first solo campaign event and the second public appearance for Mr. Trump since the Justice Department added charges against him in connection with his mishandling of classified documents after leaving office.In a superseding indictment filed on Thursday in U.S. District Court in Florida, federal prosecutors presented evidence that Mr. Trump told the property manager of Mar-a-Lago, his private club and residence in Florida, that he wanted security camera footage there to be deleted.Prosecutors also charged him, along with one of his personal aides, with conspiring to obstruct the government’s repeated attempts to reclaim the classified material.On the same day that the additional charges were announced, Mr. Trump’s lawyers met with federal prosecutors to discuss another expected indictment, one centering on Mr. Trump’s efforts to overturn the 2020 election and his actions during the Jan. 6, 2021, attack on the U.S. Capitol.Mr. Trump’s rally on Saturday was his first solo campaign event since the Justice Department added new charges against him in the documents case.Maddie McGarvey for The New York TimesTo Mr. Trump’s unflinching supporters gathered inside the arena, the cascade of indictments was a punchline — if not a badge of honor.Edward X. Young, 63, a debt consolidation company consultant and part-time actor who was dressed like Elvis Presley, wore a T-shirt with a mock-up mug shot of Mr. Trump. He said he had driven 10 hours from Point Pleasant, N.J., to attend Mr. Trump’s rally, his 59th.“I think he’s being persecuted,” he said of the former president. Ruth Jenkins, 61, a Republican from Rochester, N.Y., who works for a Wegmans grocery store, said that she did not believe that Mr. Trump had been motivated to run for president to avoid criminal liability.“Well, who wouldn’t want to be kept out of prison?” she said, claiming that the latest charges against Mr. Trump were the latest attempt to shift attention away from the case against the president’s son.As Mr. Trump prepared to take the stage, campaign workers helped fill in an empty section near the back of the arena, which had been configured to seat 8,000.The playlist for the rally featured “Try That in a Small Town,” the Jason Aldean hit that was filmed at the site of a lynching and pulled from Country Music Television amid criticism.With Mr. Trump as its standard-bearer, the Republican Party has watched Democrats in Pennsylvania secure high-profile victories in the last year, including flipping a U.S. Senate seat, holding on to the governor’s office and gaining control of the statehouse.In 2020, Mr. Trump lost the battleground state by nearly 82,000 votes to Mr. Biden, who was born there.Despite several courts rejecting his election lawsuits in Pennsylvania, Mr. Trump has continued to cling to falsehoods about results, including on Saturday.“We got screwed,” he said, baselessly claiming that news outlets had delayed their race calls because he had been ahead. “I said, ‘Why aren’t they calling Pennsylvania?’”Mr. Trump, who spoke for more than 100 minutes, said that he still had not decided whether he would take part in the first Republican presidential debate, which will take place on Aug. 23 and be televised by Fox News.Mr. Trump said that there appeared to be little upside to debating on a “hostile” network — Fox News began to fall out of favor with the former president after it became the first major outlet to call Arizona for Mr. Biden in 2020 — and noted his commanding polling lead over his G.O.P. opponents. His nearest competitor, Gov. Ron DeSantis of Florida, trailed him by about 30 percentage points in national polls.“If I don’t go to the debate, they say — I’m not saying this — they say the ratings are going to be very bad,” he said. “Should I do it or not?”The crowd’s answer was resounding: “No.” More

    • 100 Shares199 Views

      in Elections

      New Trump Charges Highlight Long-Running Questions About Obstruction

      by

      The accusation that former President Donald J. Trump wanted security camera footage deleted at Mar-a-Lago added to a pattern of concerns about his attempts to stymie prosecutors.When Robert S. Mueller III, the first special counsel to investigate Donald J. Trump, concluded his investigation into the ties between Mr. Trump’s 2016 campaign and Russia, his report raised questions about whether Mr. Trump had obstructed his inquiry.Justice Department officials and legal experts were divided about whether there was enough evidence to show Mr. Trump broke the law, and his attorney general — chosen in part because he was skeptical of the investigation — cleared him of wrongdoing.Four years after Mr. Mueller’s report was released, Jack Smith, the second special counsel to investigate Mr. Trump, added new charges on Thursday to an indictment over his handling of classified documents, setting out evidence of a particularly blatant act of obstruction.The indictment says that just days after the Justice Department demanded security footage from Mar-a-Lago, his residence and private club in Florida, Mr. Trump told the property manager there that he wanted security camera footage deleted. If proved, it would be a clearer example of criminality than what Mr. Mueller found, according to Andrew Goldstein, the lead investigator on Mr. Mueller’s obstruction investigation.“Demanding that evidence be destroyed is the most basic form of obstruction and is easy for a jury to understand,” said Mr. Goldstein, who is now a white-collar defense lawyer at the firm Cooley.“It is more straightforwardly criminal than the obstructive acts we detailed in the Mueller report,” he said. “And if proven, it makes it easier to show that Trump had criminal intent for the rest of the conduct described in the indictment.”The accusation about Mr. Trump’s desire to have evidence destroyed adds another chapter to what observers of his career say is a long pattern of gamesmanship on his part with prosecutors, regulators and others who have the ability to impose penalties on his conduct.And it demonstrates how Mr. Trump viewed the conclusion of the Mueller investigation as a vindication of his behavior, which became increasingly emboldened — particularly in regards to the Justice Department — throughout the rest of his presidency, a pattern that appears to have continued despite having lost the protections of the office when he was defeated in the election.In his memoir of his years in the White House, John R. Bolton, who served as Mr. Trump’s third national security adviser, described Mr. Trump’s approach as “obstruction as a way of life.”In the hours after the new charges became public, Mr. Trump, whose advisers have been blunt that he must win the election to overcome his legal challenges, highlighted the stakes for him of the 2024 election.He suggested in an interview with a right-wing news site that if he is elected, he will use the powers of the presidency to insulate himself from legal accountability on the documents case and the other inquiry being conducted by Mr. Smith into Mr. Trump’s efforts to retain power after his 2020 election loss.Jack Smith, the second special counsel to investigate Mr. Trump, added new charges on Thursday.Kenny Holston/The New York Times“I wouldn’t keep him,” Mr. Trump told Breitbart, the news site, in response to a question about whether he would fire Mr. Smith. “Jack Smith? Why would I keep him?”The new charges show how even in the face of Justice Department scrutiny into whether he still had classified documents in his possession, Mr. Trump has continued to try to find ways to upend its investigation.In June of last year, in the midst of its efforts to retrieve classified material Mr. Trump had taken from the White House upon leaving office, the Justice Department served a grand jury subpoena on Mr. Trump’s organization for surveillance footage from Mar-a-Lago that would show how boxes of the documents had been handled, especially around a storage room where many of them had been stashed.Shortly after the Trump Organization received the subpoena, the revised indictment said, the former president called Mar-a-Lago’s property manager and head of maintenance, Carlos De Oliveira. The two men spoke for 24 minutes, prosecutors say.Two days later, Mr. De Oliveira and another defendant in the case, Mr. Trump’s valet, Walt Nauta, “went to the security guard booth where surveillance video is displayed on monitors, walked with a flashlight through the tunnel where the storage room was located, and observed and pointed out surveillance cameras.”Days later, Mr. De Oliveira had a private conversation with the Mar-a-Lago employee in charge of the surveillance footage. The conversation was supposed to “remain between the two of them,” according to the charging document.Mr. De Oliveira told the employee that “‘the boss’ wanted the server deleted,” the indictment said.The employee in charge of the footage said “that he would not know how to do that, and that he did not believe that he would have the rights to do that.”But Mr. De Oliveira continued to push, asking, “What are we going to do?” (The Trump Organization ultimately turned over security footage, but, as The New York Times reported in May, investigators became suspicious about whether someone in Mr. Trump’s orbit tried to limit the amount of footage given to the government.)The indictment says that after the Justice Department demanded security footage from Mar-a-Lago, Mr. Trump told the property manager there that he wanted security camera footage deleted.Saul Martinez for The New York TimesThe updated indictment also demonstrates how Mr. Trump, in the aftermath of the search of Mar-a-Lago last August, turned to an issue that he obsessed about in the White House: loyalty.“Someone just wants to make sure Carlos is good,” the indictment quoted Mr. Nauta as saying about Mr. De Oliveira to another Trump employee.That employee told Mr. Nauta that Mr. De Oliveira was “loyal” and “would not do anything to affect his relationship with Mr. Trump.”Shortly after that exchange, Mr. Trump called Mr. De Oliveira and said that he would get him a lawyer, the indictment said. Legal fees for Mr. De Oliveira, Mr. Nauta and other Trump employees who have become witnesses or defendants in the documents case are being paid by a political action committee affiliated with Mr. Trump.Mr. Trump’s desire for loyalty echoed behavior that Mr. Mueller captured in his report, which laid out how Mr. Trump asked the former F.B.I. director, James B. Comey, for his loyalty just days after taking office. Mr. Comey continued to pursue an investigation into ties between Mr. Trump’s campaign and Russia and was fired in Mr. Trump’s fifth month in office. Mr. Mueller was appointed as special counsel in the aftermath of Mr. Comey’s dismissal.Mr. Mueller’s investigation ultimately identified nearly a dozen acts Mr. Trump took that could be seen as obstruction of justice. One of the most damning related to how Mr. Trump pressured his White House counsel, Donald F. McGahn II, to create a fake document rebutting statements he gave to Mr. Mueller’s office. Mr. McGahn refused to go along with what Mr. Trump wanted.Another example related to Mr. Trump’s powers as president. During Mr. Mueller’s investigation, several of his allies and associates — including Michael Flynn and Paul Manafort — were indicted by the Justice Department in cases that could have produced damaging testimony about Mr. Trump and his campaign. As the prosecutions of the men went forward, Mr. Trump publicly dangled the idea of issuing pardons. In the final weeks of Mr. Trump’s presidency, he pardoned them.The former special counsel Robert S. Mueller at a hearing in 2019. Mr. Mueller’s investigation identified nearly a dozen acts Mr. Trump took that could be seen as obstruction of justice.Doug Mills/The New York Times“There are all sorts of ways to obstruct an investigation, but not every one has an equal impact,” said Brandon Van Grack, a former prosecutor on Mr. Mueller’s team. “Hiding and lying are damaging, but prosecutors can often still get at the truth. Destruction is often looked at seriously because it’s permanent. It’s permanently deleting or destroying” evidence in the case.Steven Cheung, a spokesman for Mr. Trump, assailed the investigations into the former president’s conduct, saying “the weaponized justice system along with their Democrat allies have failed at every turn because they are on the wrong side of the facts. History will judge them harshly.”Over many decades before reaching the White House, Mr. Trump engaged in gamesmanship with prosecutors, regulators and officials who had authority in aspects of the industries in which he operated. He lived in a New York City where corruption touched aspects of the political and government establishments and the real-estate construction businesses, and he came to believe that everything could be worked out through some kind of deal, associates and former employees said.He courted officials who had prosecutorial jurisdiction in New York City, including Rudolph W. Giuliani, then the U.S. attorney in the Southern District of New York, and Robert Morgenthau, the district attorney in Manhattan. Faced with massive amounts of civil litigation, his impulse, former employees said, was to find lawyers who knew the judge.In April 2018, an aspect of the Russian investigation spun off into a separate one into Michael D. Cohen, a lawyer for the Trump Organization who also served as a fixer for Mr. Trump and knew many of his secrets. After Mr. Cohen’s hotel, apartment and office were searched by the F.B.I. that month, Mr. Trump called Mr. Cohen with a message: stay strong.He then predicted on Twitter that Mr. Cohen would never “flip” on him. Mr. Cohen eventually did provide prosecutors with information about Mr. Trump’s hush-money payments before the 2016 election to a porn star who said she had a sexual liaison with him. He later said that Mr. Trump spoke in “code” to avoid plainly communicating his desires.Mr. Bolton, Mr. Trump’s former national security adviser, wrote in his book, “The Room Where It Happened,” that Mr. Trump repeatedly sought to interfere with law enforcement and other official actions involving foreign leaders.During an investigation into Halkbank, a state-financed institution based in Turkey that was facing an investigation by U.S. officials for a scheme to evade sanctions on Iran, Mr. Trump told the country’s leader that he would “take care of things,” Mr. Bolton wrote.In a brief interview on Friday, Mr. Bolton pointed to a specific aspect of Mr. Trump’s view of how the rules apply to him: his use of government power for his personal and political benefit while in office.He cited Mr. Trump’s efforts to solicit damaging information about the Bidens from Ukraine as he withheld military aid to that country. “It shows as president he had fundamental difficulty distinguishing himself from the government,” Mr. Bolton said. “And it’s also why he couldn’t understand why government officials weren’t personally loyal to him.” More

    • 50 Shares129 Views

      in Elections

      More Charges Against Trump

      by

      A revised indictment details his unusual handling of classified documents.Donald Trump is facing more criminal charges in a federal case accusing him of mishandling classified documents.The new allegations are in a revised indictment from the special counsel’s office released last night. It added three charges: attempting to “alter, destroy, mutilate, or conceal evidence”; asking someone else to do so; and a new count under the Espionage Act.Today’s newsletter will explain the new charges and why they matter to the case.The chargesThe first two charges are connected. Prosecutors said that Trump asked the property manager of Mar-a-Lago, his Florida home, to have surveillance camera footage deleted. That video was important to the special counsel’s investigation into whether boxes of documents were moved to avoid complying with a federal subpoena.The property manager, Carlos De Oliveira, is now also charged in the case. He told a Mar-a-Lago information technology expert that “‘the boss’ wanted the server deleted,” according to the revised indictment. After the employee said he did not know how to delete the footage, or whether he had the right to do so, De Oliveira restated the request from “the boss” and asked, “What are we going to do?”The third charge, under the Espionage Act, concerns a memorable scene from the original indictment. An audio recording captured Trump at his golf club in Bedminster, N.J., showing visitors a classified document that detailed battle plans against Iran. Trump could be heard admitting to having the document and acknowledging that it was confidential.Now that at least one of the charges is linked to the Iran document, the recording could become more damning in court, by directly tying Trump’s own remarks to one of the crimes that he’s accused of.The indictment indicates that prosecutors have the document itself and details the dates that Trump possessed it, undermining his earlier claims that he never had it and was simply blustering.Trump’s campaign called the new accusations a “desperate and flailing attempt” by the Justice Department to undercut him.The bottom lineAs this newsletter has noted before, it is not unusual for federal officials to misplace or accidentally keep classified documents when they leave office. Such files were found in the homes of President Biden and former Vice President Mike Pence. What is unusual in Trump’s case is his attempts to keep the papers, even after federal officials asked him to return them.The new charges help demonstrate the exceptional nature of Trump’s actions. If the accusations are true, Trump not only tried to keep documents that he knew he was not supposed to have, but he also tried to cover up his attempts to hold onto the files by deleting video evidence.More on the indictmentSome legal experts think De Oliveira is likely to end up cooperating with prosecutors to avoid prison time. “This is a defendant who has almost no choice but to flip,” Joyce Vance, a former U.S. attorney, said on MSNBC.But the new charges may slow the case, currently set to go to trial next May, and could even push it past the 2024 election. “For Trump, his best defense is delay,” Kim Wehle, a University of Baltimore law professor, writes in The Bulwark.Trump’s lawyers met yesterday with the special counsel’s office, which is also investigating his efforts to overturn the 2020 election. Charges in that case — which appear likely soon — would add substantially to Trump’s legal peril. (Track all the Trump investigations here.)The Times’s Charlie Savage annotated the indictment.THE LATEST NEWSExtreme WeatherLiam Warner, 5, cooling off at a playground in Manhattan.Maansi Srivastava/The New York TimesJuly is on track to be the hottest month globally since record-keeping began in 1850.The Northeast faces another day of oppressive heat and humidity, with the heat index reaching as high as 110 in New York.Dangerous heat is expected to settle into the Southeast by the weekend. See the forecast.The Labor Department will increase heat-safety inspections in construction and agriculture and for other vulnerable workers.PoliticsThe Senate passed bipartisan military policy legislation, setting up a clash with the House, which added conservative mandates on abortion and gender to its version of the bill.After budget troubles and staff layoffs, Ron DeSantis began a slimmed-down reboot of his presidential campaign in Iowa.Mitch McConnell’s apparent medical episode has stirred talk about who could succeed him as the Senate Republican leader.War in UkraineUkrainian soldiers fire toward Russian positions on the front line.Efrem Lukatsky/Associated PressUkraine’s offensive made small gains, but the scope of the assaults and their toll remained unclear.Russia’s president, Vladimir Putin, promised free grain to several African countries after his blockade on Ukrainian exports disrupted the global food supply.EconomyThe U.S. economy grew 2.4 percent in the second quarter, more than experts expected.Economists increasingly think that the U.S. can bring down inflation without causing a recession. But they’ve been wrong about that before.Other Big StoriesThe Justice Department will investigate allegations of violence and discrimination by the police in Memphis, months after the fatal beating of Tyre Nichols.Russian oligarchs in Britain have gotten permits to spend lavishly on perks like private chefs and chauffeurs, despite ostensibly having their bank accounts frozen.Google has begun plugging A.I. language models into robots, giving them the equivalent of artificial brains.A judge ordered the release of three of the “Newburgh Four,” who were convicted in 2010 of a plot to blow up synagogues. The judge suggested that the F.B.I. invented the conspiracy.“Everybody’s punching bag”: Former classmates said the suspect in the Gilgo Beach serial killings was an outcast with a mean streak.OpinionsThe pain of losing a loved one to an overdose is crushing. But prosecuting drug dealers as murderers does more harm than good, Maia Szalavitz says.Here are columns by Thomas Friedman on Saudi-Israeli relations, Paul Krugman on Twitter’s rebrand and Michelle Goldberg on Republicans’ push to impeach Biden.MORNING READSThe annual swan census on the River Thames in Britain.Neil Hall/EPA, via ShutterstockThe king’s swans: An annual bird count on the Thames found a worrisome drop.Titanium clouds: Astronomers have come across the shiniest planet ever found.“Phubbing”: Ignoring a partner in favor of your phone can breed distrust.Modern Love: Learning to hear “no,” in acting, friendship and romance.Lives Lived: Julian Barry’s scripts for a Broadway play and Hollywood movie about Lenny Bruce became definitive portraits of the comedian as a truth teller who drove himself mad in a righteous struggle against hypocrisy. Barry died at 92.WOMEN’S WORLD CUPA hip-check from a Dutch player sparked a flash of anger and the only U.S. goal in the teams’ tie.Nigeria upset Australia, the tournament’s co-host, which is in danger of failing to advance to the knockout rounds.OTHER SPORTS NEWSNew coach bluster: In an interview, Broncos coach Sean Payton said his predecessor Nathaniel Hackett’s performance last season was “one of the worst coaching jobs in the history of the N.F.L.”Home safe: Bronny James, LeBron James’s son, was discharged from the hospital after a cardiac arrest during a practice.An unbelievable day: Shohei Ohtani spent the first half of a doubleheader throwing a shutout and the second hitting two home runs. He sounds energized for the Angels’ surprise playoff push.ARTS AND IDEAS Dani PendergastTricks for a better vacation: Traveling is wonderful but can be taxing, whether you’re planning for a group or coping with delays. The Times’s Travel desk has tips for managing. One expert noted that during a flight delay, it’s easier to get help if you leave the gate, where crowds gather, and find your airline’s service desk. And when traveling with a group, ease stress by having a different person take ownership of each day’s activities.More on cultureRandy Meisner, a founding member of the Eagles, died at 77.“Back to the Future: The Musical,” which opens on Broadway next week, follows a story that will be familiar to fans of the film.Jim Gaffigan, a master of family-friendly comedy, goes darker in his new stand-up special.THE MORNING RECOMMENDS …James Ransom for The New York TimesStick with Fritos in this taco salad.Upgrade your ice cube trays.Cool off with this portable fan.Save your skin — check whether it’s time to toss products.Take our news quiz.GAMESHere is today’s Spelling Bee. Yesterday’s pangram was unlovely.And here are today’s Mini Crossword, Wordle and Sudoku.Thanks for spending part of your morning with The Times. See you tomorrow. — GermanCorrection: A chart in yesterday’s newsletter misstated the change in gross domestic product for the first quarter of 2023. It grew 2 percent, not 2.6 percent.P.S. Simon Romero is joining The Times’s Mexico City bureau to cover migration, climate change and more.Sign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. More