House Select Committee to Investigate the January 6th Attack

Subterms

    More stories

    • 138 Shares199 Views

      in Elections

      Do You Know a Politically Motived Prosecution When You See One?

      by

      As the criminal indictments of Donald Trump continue to pile up like boxes in a Mar-a-Lago bathroom, the former president’s defenders have settled on a response: They don’t claim their man is innocent of the scores of federal and state charges against him — a tough case to make under the circumstances. Instead they accuse the Biden administration and Democratic prosecutors of politicizing law enforcement and cooking up an insurance policy to protect President Biden, who trails Mr. Trump in some polls about a very possible 2024 rematch.“So what do they do now?” House Speaker Kevin McCarthy asked last week, after Mr. Trump announced that he had received a second target letter from the special counsel Jack Smith, this time over his role in the Jan. 6 attack. “Weaponize government to go after their No. 1 opponent.”Gov. Ron DeSantis, one of the few plausible Republican nominees besides Mr. Trump, warned that the government is “criminalizing political differences.”It’s not only about Mr. Trump; griping about politicized law enforcement has become a cottage industry on the right these days. No sooner did Republicans take back the House of Representatives than they formed a Select Subcommittee on the Weaponization of the Federal Government, which meets regularly to air grievances and grill witnesses about their supposed anti-conservative animus, including Christopher Wray, the (Trump-nominated) F.B.I. director.If you’re feeling bewildered by all the claims and counterclaims of politicization, you’re not alone. Take the F.B.I.’s probe of ties between Russia and the 2016 Trump campaign, which is still being hashed out in the halls of Congress seven years later: In February, Democratic lawmakers demanded an investigation of the investigators who investigated the investigators who were previously investigated for their investigation of a transnational plot to interfere in a presidential election. Got that?But even if the charge of politicized justice is levied by a bad-faith buffoon like Representative Jim Jordan of Ohio, the chairman of the weaponization subcommittee, it is a profoundly important one. There is no simple way to separate politics completely from law enforcement. The Justice Department will always be led by a political appointee, and most state and local prosecutors are elected. If Americans are going to have faith in the fairness of their justice system, every effort must be taken to assure the public that political motives are not infecting prosecutors’ charging decisions. That means extremely clear rules for investigators and prosecutors and eternal vigilance for the rest of us.At the same time, politically powerful people must be held to the same rules as everyone else, even if they happen to be of a different party from those investigating them. So how to distinguish an investigation or prosecution based solely on the facts from one motivated improperly by politics?Sometimes the investigators make it easy by just coming out and admitting that it’s really political. Mr. McCarthy did that in 2015, when he bragged on Fox News that the House Benghazi hearings had knocked a seemingly “unbeatable” Hillary Clinton down in the polls. More recently, James Comer of Kentucky, who heads the House committee that is relentlessly investigating Hunter Biden, made a similar argument about the effect of the committee’s work on President Biden’s political fortunes. (Mr. Comer tried to walk back his comment a day later.)More often, though, it takes some work to determine whether an investigation or prosecution is on the level.The key thing to remember is that even if the subject is a politically powerful person or the outcome of a trial could have a political impact, that doesn’t necessarily mean the action itself is political. To assume otherwise is to “immunize all high-ranking powerful political people from ever being held accountable for the wrongful things they do,” said Kristy Parker, a lawyer with the advocacy group Protect Democracy. “And if you do that, you subvert the idea that this is a rule-of-law society where everybody is subject to equal justice, and at the same time you remove from the public the ability to impose any accountability for misconduct, which enables it to happen again.”In May, Protect Democracy published a very useful report, co-written by Ms. Parker, laying out several factors that help the public assess whether a prosecution is political.First, what is the case about? Is there straightforward evidence of criminal behavior by a politician? Have people who are not powerful politicians been prosecuted in the past for similar behavior?Second, what are top law-enforcement officials saying? Is the president respecting due process, or is he demanding investigations or prosecutions of specific people? Is he keeping his distance from the case, or is he publicly attacking prosecutors, judges and jurors? Is the attorney general staying quiet, or is he offering public opinions on the guilt of the accused?Third, is the Justice Department following its internal procedures and guidelines for walling off political interference? Most of these guidelines arose in the aftermath of the Watergate scandal, during which President Richard Nixon ordered the department to go after his political enemies and later obstructed the investigation into his own behavior. Until recently, the guidelines were observed by presidents and attorneys general of both parties.Finally, how have other institutions responded? Did judges and juries follow proper procedure in the case, and did they agree that the defendant was guilty? Did an agency’s inspector general find any wrongdoing by investigators or prosecutors?None of these factors are decisive by themselves. An investigation might take a novel legal approach; an honest case may still lose in court. But considering them together makes it easier to identify when law enforcement has been weaponized for political ends.To see how it works in practice, let’s take a closer look at two recent examples: first, the federal investigations into Mr. Trump’s withholding of classified documents and his attempts to overturn the 2020 election and, second, the investigation by John Durham into the F.B.I.’s Russia probe.In the first example, the Justice Department and the F.B.I., under Attorney General Merrick Garland, waited more than a year to pursue an investigation of Mr. Trump’s role in the Jan. 6 attack with any urgency — largely out of the fear that they would be seen as politically motivated.With a punctiliousness that has exasperated many liberals, Mr. Garland has kept his mouth shut about Mr. Smith’s prosecutions, except to say that the department would pursue anyone responsible for the Jan. 6 attack. Mr. Garland almost never mentions Mr. Trump by name. And Mr. Smith has been silent outside of the news conference he held last month to announce the charges in the documents case.In that case, Mr. Smith presented a tower of evidence that Mr. Trump violated multiple federal laws. There are also many examples of nonpowerful people — say, Reality Winner — who were prosecuted, convicted and sentenced to years in prison for leaking a single classified document. Mr. Trump kept dozens. Even a federal judge who was earlier accused of being too accommodating to Mr. Trump has effectively signaled the documents case is legitimate, setting a trial date for May and refusing the Trump team’s demand to delay it until after the 2024 election.In the Jan. 6 case, the government has already won convictions against hundreds of people for their roles in the Capitol attack, many involving some of the same laws identified in Mr. Smith’s latest target letter to Mr. Trump.“Prosecutors will hear all sorts of allegations that it’s all political, that it will damage the republic for all of history,” Ms. Parker, who previously worked as a federal prosecutor, told me. “But they have to charge through that if what they’ve got is a case that on the facts and law would be brought against anybody else.”President Biden’s behavior has been more of a mixed bag. He and his advisers are keen to advertise his disciplined silence about Mr. Trump’s legal travails. “I have never once — not one single time — suggested to the Justice Department what they should do or not do,” he said in June. Yet he has commented publicly and inappropriately on both investigations over the years.It’s impossible to justify these remarks, but it is possible to consider them in light of the other factors above and to decide that Mr. Smith’s investigations are not infected with a political motive.Contrast that with the investigation by John Durham, the federal prosecutor appointed by Mr. Trump’s attorney general Bill Barr in 2019 to investigate the origins of the F.B.I.’s Trump-Russia probe.Even before it began, the Durham investigation was suffused with clear political bias. Mr. Trump had repeatedly attacked the F.B.I. over its handling of the Russia probe and called for an investigation, breaching the traditional separation between the White House and the Justice Department. Mr. Barr had also spoken publicly in ways that seemed to prejudge the outcome of any investigation and inserted himself into an investigation focused on absolving Mr. Trump of wrongdoing.Not every investigation or prosecution will offer such clear-cut evidence of the presence or absence of political motivations. But as with everything relating to Mr. Trump, one generally doesn’t have to look far to find his pursuit of vengeance; he has taken to describing himself as the “retribution” of his followers. If he wins, he has promised to obliterate the Justice Department’s independence from the presidency and “go after” Mr. Biden and “the entire Biden crime family.”For the moment, at least, Mr. Trump is not the prosecutor but the prosecuted. And there should be no fear of pursuing the cases against him — especially those pertaining to his attempts to overturn his loss in 2020 — wherever they lead.“If we can’t bring those kinds of cases just because the person is politically powerful, how do we say we have a democracy?” asked Ms. Parker. “Because in that case we have people who are above the law, and they are so far above the law that they can destroy the central feature of democracy, which is elections, in which the people choose their leaders.”Source photograph by pepifoto, via Getty Images.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

    • 138 Shares199 Views

      in Elections

      Jan. 6 Prosecutors Gather More Evidence as Trump Indictment Decision Looms

      by

      The special counsel, Jack Smith, continues to push ahead on several fronts as he assembles evidence about former President Donald J. Trump’s efforts to retain power after the 2020 election.Even as the special counsel, Jack Smith, appears to be edging closer toward bringing charges against former President Donald J. Trump in connection with his efforts to overturn the 2020 election, prosecutors have been continuing to investigate multiple strands of the case.In recent weeks, Mr. Smith’s team has pushed forward in collecting new evidence and in arranging new interviews with witnesses who could shed light on Mr. Trump’s mind-set in the chaotic postelection period or on other subjects important to the inquiry. At the same time, word has emerged of previously undisclosed investigative efforts, hinting at the breadth and scope of the issues prosecutors are examining.In the past few days, a lawyer for Bernard B. Kerik, the former New York City police commissioner who worked closely after the election with Mr. Trump’s lawyer, Rudolph W. Giuliani, gave hundreds of pages of documents to prosecutors working with Mr. Smith.The documents detailed efforts by Mr. Kerik and Mr. Giuliani to identify and investigate allegations of fraud in the election — an issue that is likely to be front and center as prosecutors seek to understand what Mr. Trump may have been thinking when he set in motion various efforts to maintain his grip on power.While it remains unclear precisely when Mr. Smith may seek an indictment of the former president, the clearest signal yet that one was in the offing came last week from Mr. Trump, who announced on social media that he had received a so-called target letter from prosecutors alluding to at least three charges he might face.Those charges included conspiracy to defraud the United States, obstruction of an official proceeding and a Reconstruction-era civil rights statute that makes it a crime for people to conspire to threaten or intimidate others from exercising rights provided to them by federal law or the Constitution.It is not uncommon for prosecutors to keep investigating a criminal case up to the moment an indictment is returned. They can even press forward after charges are filed. But prosecutors are not supposed to use a grand jury of the sort that has been used to investigate Mr. Trump to gather fresh evidence after charges are brought — unless they intend to use the information to seek additional charges.The production of documents by Mr. Kerik, who was convicted of tax fraud but pardoned by Mr. Trump, came even as his lawyer, Timothy Parlatore, was arranging for Mr. Kerik to sit down with Mr. Smith’s prosecutors for a voluntary interview next month. Mr. Giuliani did a similar interview with Mr. Smith’s team in June.Among the previously unknown steps taken by Mr. Smith’s team was an interview conducted about three months ago with Richard P. Donoghue, a former top official in the Justice Department at the end of Mr. Trump’s time in office. NBC News reported on the interview on Monday night, and Mr. Donoghue confirmed on Tuesday that it took place. But he declined to comment on what he discussed with Mr. Smith’s prosecutors.Mr. Smith’s team conducted an interview with Richard Donoghue, the former acting deputy attorney general, who appeared before the House select committee investigating Jan. 6.Jason Andrew for The New York TimesIn late 2021, Mr. Donoghue, who served as the acting deputy attorney general under Mr. Trump, told the House select committee investigating Jan. 6 that he and Jeffrey Rosen, the acting attorney general at the time, repeatedly sought to rebuff Mr. Trump’s claims that the election had been marred by widespread fraud. At one point, Mr. Donoghue testified, Mr. Trump urged him and Mr. Rosen to “just say the election was corrupt and leave the rest to me and the Republican congressmen.”Mr. Donoghue also told the committee that in the waning days of his presidency, Mr. Trump wanted to replace Mr. Rosen with Jeffrey Clark, a loyalist within the Justice Department. Mr. Clark, whose home was searched as part of the election interference inquiry into Mr. Trump, had helped to a draft a letter suggesting that fraud had affected the election results and urging Gov. Brian Kemp of Georgia, a Republican, to call for the creation of a fake slate of electors to the Electoral College declaring that Mr. Trump had won that state, not Joseph R. Biden Jr.Mr. Smith’s team has also reached out to Mr. Kemp seeking an interview, Garrison Douglas, a spokesman for Mr. Kemp, said on Tuesday. But Mr. Douglas declined to say whether the interview, which was reported by The Washington Post, had been merely scheduled or had already taken place.Georgia was a key location in Mr. Trump’s campaign to pressure local officials to throw him the election in their states. Brad Raffensperger, Georgia’s secretary of state, recorded Mr. Trump on a phone call in early January 2021, asking him to “find” sufficient votes for him to win the state.Mr. Smith’s prosecutors have also shown interest in a different line of inquiry in recent months, asking questions about a meeting that Mr. Trump held in February 2020 with officials who briefed him about election security for the upcoming race. The special counsel’s interest in the meeting, where Mr. Trump praised what officials told him were improvements in election security, was reported earlier by CNN.During the meeting, Mr. Trump attacked Joseph Maguire, who was then serving as acting director of national intelligence, for having days earlier given a briefing on Russian interference in the 2016 election to Representative Adam Schiff, Democrat of California, then the chairman of the House Intelligence Committee, and other members of the panel, according to people familiar with the events.Mr. Trump viewed Mr. Schiff as an enemy after he focused extensively on whether Mr. Trump’s campaign had conspired with Russia during his 2016 campaign and he played an instrumental role in his first impeachment.At the meeting, officials from the F.B.I. and other agencies also told Mr. Trump about their preparations to secure the election from interference. Mr. Trump was so taken by what he heard that he wanted to hold a news conference to tout the security of the election, according to a person with knowledge of the talks.Mr. Trump’s apparent excitement at the meeting could shed light on his state of mind and what factual knowledge he had as he spread baseless lies about election fraud months later.In a related line of inquiry, prosecutors under Mr. Smith have asked questions as to when and how federal officials went about securing the election, and how they coordinated those efforts with secretaries of state in various states, according to a person familiar with the matter. Prosecutors have also sought to determine how regularly the White House was briefed on election security measures.Richard Fausset More

    • 100 Shares129 Views

      in Elections

      As Inquiries Compound, So Does the ‘Trump Tax’

      by

      For all their complexity, the Trump-related prosecutions have not significantly constrained the ability of prosecutors to carry out their regular duties, officials have said.Jack Smith, the special counsel overseeing criminal investigations into former President Donald J. Trump, employs 40 to 60 career prosecutors, paralegals and support staff, augmented by a rotating cast of F.B.I. agents and technical specialists, according to people familiar with the situation.In his first four months on the job, starting in November, Mr. Smith’s investigation incurred expenses of $9.2 million. That included $1.9 million to pay the U.S. Marshals Service to protect Mr. Smith, his family and other investigators who have faced threats after the former president and his allies singled them out on social media.At this rate, the special counsel is on track to spend about $25 million a year.The main driver of all these efforts and their concurrent expenses is Mr. Trump’s own behavior — his unwillingness to accept the results of an election as every one of his predecessors has done, his refusal to heed his own lawyers’ advice and a grand jury’s order to return government documents and his lashing out at prosecutors in personal terms.Even the $25 million figure only begins to capture the full scale of the resources dedicated by federal, state and local officials to address Mr. Trump’s behavior before, during and after his presidency. While no comprehensive statistics are available, Justice Department officials have long said that the effort alone to prosecute the members of the pro-Trump mob who stormed the Capitol on Jan. 6, 2021, is the largest investigation in its history. That line of inquiry is only one of many criminal and civil efforts being brought to hold Mr. Trump and his allies to account.At the peak of the Justice Department’s efforts to hunt down and charge the Jan. 6 rioters, many U.S. attorney’s offices and all 56 F.B.I. field offices had officials pursuing leads. Jason Andrew for The New York TimesAs the department and prosecutors in New York and Georgia move forward, the scope of their work, in terms of quantifiable costs, is gradually becoming clear.These efforts, taken as a whole, do not appear to be siphoning resources that would otherwise be used to combat crime or undertake other investigations. But the agencies are paying what one official called a “Trump tax” — forcing leaders to expend disproportionate time and energy on the former president, and defending themselves against his unfounded claims that they are persecuting him at the expense of public safety.In a political environment growing more polarized as the 2024 presidential race takes shape, Republicans have made the scale of the federal investigation of Mr. Trump and his associates an issue in itself. Earlier this month, Republicans on the House Judiciary Committee grilled the F.B.I. director, Christopher A. Wray, on the scale of the investigations, and suggested they might block the reauthorization of a warrantless surveillance program used to investigate several people suspected of involvement in the Jan. 6 breach or oppose funding for the bureau’s new headquarters.“What Jack Smith is doing is actually pretty cheap considering the momentous nature of the charges,” said Timothy J. Heaphy, former U.S. attorney who served as lead investigator for the House committee that investigated the Capitol assault.The “greater cost” is likely to be the damage inflicted by relentless attacks on the department, which could be “incalculable,” he added.At the peak of the Justice Department’s efforts to hunt down and charge the Jan. 6 rioters, many U.S. attorney’s offices and all 56 F.B.I. field offices had officials pursuing leads. At one point, more than 600 agents and support personnel from the bureau were assigned to the riot cases, officials said.In Fulton County, Ga., the district attorney, Fani T. Willis, a Democrat, has spent about two years conducting a wide-ranging investigation into election interference. The office has assigned about 10 of its 370 employees to the elections case, including prosecutors, investigators and legal assistants, according to officials.The authorities in Michigan and Arizona are scrutinizing Republicans who sought to pass themselves off as Electoral College electors in states won by Joseph R. Biden Jr. in 2020.For all their complexity and historical importance, the Trump-related prosecutions have not significantly constrained the ability of prosecutors to carry out their regular duties or forced them to abandon other types of cases, officials in all of those jurisdictions have repeatedly said.A vast majority of Mr. Smith’s staff members were already assigned to Trump cases before Mr. Smith was appointed.Saul Martinez for The New York TimesIn Manhattan, where Mr. Trump is facing 34 counts of falsifying business records in connection with his alleged attempts to suppress reports of an affair with a pornographic actress, the number of assistant district attorneys assigned to the case is in the single digits, according to officials.That has not stopped Mr. Trump from accusing the district attorney, Alvin L. Bragg, a Democrat, of diverting resources that might have gone to fight street crime. In fact, the division responsible for bringing the case was the financial crimes unit, and the office has about 500 other prosecutors who have no part in the investigation.“Rather than stopping the unprecedented crime wave taking over New York City, he’s doing Joe Biden’s dirty work, ignoring the murders and burglaries and assaults he should be focused on,” Mr. Trump wrote on the day in March that he was indicted. “This is how Bragg spends his time!”Mr. Trump pursued a similar line of attack against the New York attorney general, Letitia James, who sued the former president and his family business and accused them of fraud. (Local prosecutors, not the state, are responsible for bringing charges against most violent criminals.)The Justice Department, which includes the F.B.I. and the U.S. Marshals, is a sprawling organization with an annual budget of around $40 billion, and it has more than enough staff to absorb the diversion of key prosecutors, including the chief of its counterintelligence division, Jay Bratt, to the special counsel’s investigations, officials said.A vast majority of Mr. Smith’s staff members were already assigned to those cases before he was appointed, simply moving their offices across town to work under him. Department officials have emphasized that about half of the special counsel’s expenses would have been paid out, in the form of staff salaries, had the department never investigated Mr. Trump.That is not to say the department has not been under enormous pressure in the aftermath of the 2020 election and attack on the Capitol.Justice Department officials have long said that just the effort to prosecute the members of the pro-Trump mob that assaulted the Capitol, is the largest investigation in its history.Haiyun Jiang for The New York TimesThe U.S. attorney’s office in Washington, which has brought more than 1,000 cases against Jan. 6 rioters, initially struggled to manage the mountain of evidence, including thousands of hours of video, tens of thousands of tips from private citizens and hundreds of thousands of pages of investigative documents. But the office created an internal information management system, at a cost of millions of dollars, to organize one of the largest collections of discovery evidence ever gathered by federal investigators.Prosecutors from U.S. attorney’s offices across the country have been called in to assist their colleagues in Washington. Federal defenders’ offices in other cities have also pitched in, helping the overwhelmed Washington office to represent defendants charged in connection with Jan. 6.“If you combine the Trump investigation with the Jan. 6 prosecutions, you can say it really has had an impact on the internal machinations of the department,” said Anthony D. Coley, who served as the chief spokesman for Attorney General Merrick B. Garland until earlier this year. “It didn’t impede the department’s capacity to conduct its business, but you definitely had a situation where prosecutors were rushed in from around the country to help out.”While the Washington field office of the F.B.I. is in charge of the investigation of the Capitol attack, defendants have been arrested in all 50 states. Putting together those cases and taking suspects into custody has required the help of countless agents in field offices across the country.The bureau has not publicly disclosed the number of agents specifically assigned to the investigations into Mr. Trump, but people familiar with the situation have said the number is substantial but comparatively much smaller. They include agents who oversaw the search of the former president’s Mar-a-Lago estate and worked on various aspects of the Jan. 6 case; and bureau lawyers who often play a critical, under-the-radar role in investigations.A substantial percentage of those working on both cases are F.B.I. agents. In a letter to House Republicans in June, Carlos Uriarte, the department’s legislative affairs director, disclosed that Mr. Smith employed around 26 special agents, with additional agents being brought on from “time to time” for specific tasks related to the investigations.In terms of expense, Mr. Smith’s work greatly exceeds that of the other special counsel appointed by Mr. Garland, Robert K. Hur, who is investigating President Biden’s handling of classified documents after he left the vice presidency. Mr. Hur has spent about $1.2 million from his appointment in January through March, on pace for $5.6 million in annual expenditures.An analysis of salary data in the report suggests Mr. Hur is operating with a considerably smaller staff than Mr. Smith, perhaps 10 to 20 people, some newly hired, others transferred from the U.S. attorney’s office in Chicago, which initiated the investigation.For now, the two cases do not appear to be comparable in scope or seriousness. Unlike Mr. Trump, Mr. Biden returned all the government documents in his possession shortly after finding them, and Mr. Hur’s staff is not tasked with any other lines of inquiry.A more apt comparison is to the nearly two-year investigation by the special counsel Robert S. Mueller into the 2016 Trump campaign’s connections to Russia, which resulted in a decision not to indict Mr. Trump.The semiannual reports filed by Mr. Mueller’s office are roughly in line, if somewhat less, than Mr. Smith’s first report, tallying about $8.5 million in expenses.Jonah E. Bromwich More

    • 138 Shares199 Views

      in Elections

      Target Letter to Trump Raises Possibility of Obstruction and Fraud Charges

      by

      In the two and a half years since a mob laid siege to the Capitol in an effort to prevent Congress from certifying Joseph R. Biden Jr.’s electoral victory, a wealth of evidence has emerged about Donald J. Trump’s bid to stay in power after the 2020 election.Mr. Trump and his allies peddled spurious claims of voter fraud, pressured officials in states he narrowly lost and recruited false slates of electors in those states. He urged Vice President Mike Pence to delay certification of Mr. Biden’s win. And he called on a huge crowd of his supporters to march on the Capitol and “fight like hell.”Now, Mr. Trump appears almost certain to face criminal charges for some of his efforts to remain in office. On Tuesday, he disclosed on social media that federal prosecutors had sent him a so-called target letter, suggesting that he could soon be indicted in the investigation into the events that culminated in the riot.Mr. Trump did not say what criminal charges, if any, the special counsel, Jack Smith, had specified in issuing the letter.But since the Capitol attack — in part because of revelations by a House committee investigation and news reports — many legal specialists and commentators have converged on several charges that are particularly likely, especially obstruction of an official proceeding and conspiracy to defraud the government.A person briefed on the matter said the target letter cited three statutes that could be applied in a prosecution of Mr. Trump by the special counsel, Jack Smith, including a potential charge of conspiracy to defraud the United States.Norman Eisen, who worked for the House Judiciary Committee during Mr. Trump’s first impeachment and contributed to a prosecution memo modeling potential Jan. 6-related charges, said that the target letter suggested the special counsel “has more than enough evidence” to bring a case against the former president.“By leading the effort to procure fraudulent electoral certificates across the nation, Trump helmed a conspiracy to defraud the U.S.,” Mr. Eisen said. “And by using those false documents to press Mike Pence to disrupt the Jan. 6 meeting of Congress, Trump attempted to obstruct an official proceeding.”There have also been signs that prosecutors have explored potential charges involving wire or mail fraud related to Mr. Trump’s fund-raising efforts in the name of overturning the election results.Any charges in the District of Columbia — where federal grand juries have been hearing evidence — would raise additional legal peril for Mr. Trump. Already, the Justice Department has won guilty pleas or convictions in hundreds of cases related to the riot, suggesting that a pool of jurors may be less receptive toward him than in Palm Beach County, Fla., where he faces charges over his hoarding of sensitive government documents at his Mar-a-Lago estate.These are some of the charges Mr. Trump could face in the Jan. 6 case.Corruptly Obstructing an Official ProceedingBoth the House committee that scrutinized Jan. 6 and a federal judge in California who intervened in its inquiry have said that there is evidence that Mr. Trump tried to corruptly obstruct Congress’s session to certify Mr. Biden’s Electoral College victory. Under Section 1512(c) of Title 18 of the United States Code, such a crime would be punishable by up to 20 years in prison.Prosecutors have already used that law to charge hundreds of ordinary defendants in Jan. 6 cases, and in April, a federal appeals court upheld the viability of applying that charge to the Capitol attack. Still, unlike ordinary rioters, Mr. Trump did not physically participate in the storming of the Capitol.The House committee investigating the Capitol riot at a hearing in December.Jason Andrew for The New York TimesIn issuing criminal referrals as it ended its investigation, the Jan. 6 committee argued that Mr. Trump should be charged under the statute based on two sets of actions. By summoning supporters to Washington and stoking them to march on the Capitol, lawmakers argued, Mr. Trump had violated that law. Mr. Trump’s lawyers would likely raise doubts over whether he intended for his supporters to riot in part because he also told them to protest “peacefully.”The committee also cited Mr. Trump’s participation in the fake electors scheme as a reason to issue charges, pointing to his effort to strong-arm Mr. Pence to cite the existence of slates of electors pledged to Mr. Trump in seven states that Mr. Biden had actually won as a basis to delay certifying the election. The panel stressed how Mr. Trump had been told that there was no truth to his claims of a stolen election, which it said showed his intentions were corrupt.Conspiring to Defraud the Government and to Make False StatementsBoth the federal judge in California and the Jan. 6 committee also said there was evidence that Mr. Trump violated Section 371 of Title 18, which makes it a crime, punishable by up to five years in prison, to conspire with another person to defraud the government.The basis for such a charge would be similar: Mr. Trump’s interactions with various lawyers and aides in his effort to block the certification of Mr. Biden’s electoral victory, even though Mr. Trump was repeatedly told that his allegations of widespread voter fraud were baseless.In his ruling last year in a civil lawsuit over whether the Jan. 6 committee could obtain the emails of John Eastman, a legal adviser to Mr. Trump in his fight to overturn the election results, Judge David O. Carter ruled that it was more likely than not that the communications involved crimes, so qualified for an exception to attorney-client privilege.“The illegality of the plan was obvious,” he wrote. “Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the vice president to single-handedly determine the results of the 2020 election.”A conspiracy to submit false electors to Congress could also implicate Section 1001, which makes false statements a crime punishable by up to five years in prison. In the documents case, Mr. Trump is charged under this statute, accused of having caused his lawyer to lie to the Justice Department.Wire and Mail FraudA constellation of other potential crimes has also surrounded the Jan. 6 investigation. One is wire fraud. Section 1343 of Title 18 makes it a crime, punishable by 20 years in prison, to cause money to be transferred by wire across state lines as part of a scheme to obtain money by means of false or fraudulent representations. A similar fraud statute, Section 1341, covers schemes that use the Postal Service.Subpoenas issued by Mr. Smith suggest that he has been scrutinizing Mr. Trump’s political action committee, Save America PAC. It raised as much as $250 million, telling donors the money was needed to fight election fraud even as Mr. Trump had been told repeatedly that there was no evidence to back up those claims.The House Jan. 6 committee had also suggested that Mr. Trump and his associates had defrauded his own supporters. It described how after the election, they appealed to donors as many as 25 times a day to help fight the results in court and contribute to a defense fund. But no such fund existed, and they used the money for other purposes, including spending more than $200,000 at Trump hotel properties.“Throughout the committee’s investigation, we found evidence that the Trump campaign and its surrogates misled donors as to where their funds would go and what they would be used for,” Representative Zoe Lofgren, Democrat of California, said during one hearing. “So not only was there the big lie. There was the big rip-off.”The Jan. 6 committee and some legal commentators have also suggested Mr. Trump could be charged under Section 2383 of Title 18, which makes it a crime to incite, assist, “aid or comfort” an insurrection against the authority and laws of the federal government. That offense, however, is rarely charged and has not been leveled against any Jan. 6 defendant to date.In its final report, the committee singled out five of Mr. Trump’s other allies — Mark Meadows, his final chief of staff; and the lawyers Rudolph W. Giuliani, Mr. Eastman, Jeffrey Clark and Kenneth Chesebro — as potential co-conspirators with Mr. Trump in actions the committee said warranted Justice Department investigation.Luke Broadwater More

    • 125 Shares99 Views

      in Elections

      Prosecutors Ask Witnesses Whether Trump Acknowledged He Lost 2020 Race

      by

      Jared Kushner was questioned before a federal grand jury as prosecutors appeared to be trying to establish if the former president knew his efforts to stay in power were built on a lie.Federal prosecutors investigating former President Donald J. Trump’s attempts to overturn the 2020 election have questioned multiple witnesses in recent weeks — including Mr. Trump’s son-in-law, Jared Kushner — about whether Mr. Trump had privately acknowledged in the days after the 2020 election that he had lost, according to four people briefed on the matter.The line of questioning suggests prosecutors are trying to establish whether Mr. Trump was acting with corrupt intent as he sought to remain in power — essentially that his efforts were knowingly based on a lie — evidence that could substantially bolster any case they might decide to bring against him. Mr. Kushner testified before a grand jury at the federal courthouse in Washington last month, where he is said to have maintained that it was his impression that Mr. Trump truly believed the election was stolen, according to a person briefed on the matter.The questioning of Mr. Kushner shows that the federal investigation being led by the special counsel Jack Smith continues to pierce the layers closest to Mr. Trump as prosecutors weigh whether to bring charges against the former president in connection with the efforts to promote baseless assertions of widespread voter fraud and block or delay congressional certification of Joseph R. Biden Jr.’s Electoral College victory.A spokesman for Mr. Kushner and a spokesman for Mr. Trump did not respond to an email seeking comment.Mr. Trump is already facing federal charges brought by Jack Smith, the special counsel, in connection with classified documents taken from the White House. Kenny Holston/The New York TimesBut others in Mr. Trump’s orbit who interacted with him in the weeks after the 2020 election, who have potentially more damaging accounts of Mr. Trump’s behavior, have been questioned by the special counsel’s office recently.Among them is Alyssa Farah Griffin, the White House communications director in the days after the 2020 election. Repeating an account she provided last year to the House select committee on Jan. 6, she told prosecutors this spring that Mr. Trump had said to her in the days after the election: Can you believe I lost to Joe Biden?“In that moment I think he knew he lost,” Ms. Griffin told the House committee.Ms. Griffin’s lawyer, Charles J. Cooper, declined to comment.Still other witnesses have been asked whether aides told Mr. Trump that he had lost, according to people familiar with some of the testimony, another topic explored by the House committee. Witnesses have also been asked about things the former president was telling people in the summer months leading up to Election Day and even as far back as the spring of 2020, when the coronavirus pandemic began.The question of Mr. Trump’s intent could be important in strengthening the hand of prosecutors if they decide to charge Mr. Trump in the case. It is not known what charges they might be considering, but the House select committee, controlled by Democrats, referred a number of possible charges to the Justice Department last year, including inciting an insurrection, conspiracy to defraud the United States and obstructing an act of Congress.Prosecutors may be trying to establish whether Mr. Trump was acting with corrupt intent as he sought to remain in power after the election.Doug Mills/The New York TimesMr. Trump is already facing federal charges brought by Mr. Smith in connection with classified documents taken from the White House, and he is under indictment in New York on charges related to hush-money payments to a pornographic film actress before the 2016 election. A district attorney in Fulton County, Ga., has been investigating efforts by Mr. Trump and his allies to reverse his 2020 election loss in Georgia.Legal experts and former federal prosecutors say that establishing Mr. Trump’s mind-set to show he knew that what he was doing was wrong would give prosecutors in Mr. Smith’s election-focused inquiry a more robust case to put in front of a jury if they choose to bring charges.Prosecutors do not need hard evidence of a defendant saying: I know that I am breaking the law. But their cases are made stronger when they can produce evidence that the defendant knows there is no legal or factual basis for a claim but goes ahead with making it anyway.Daniel Zelenko, a partner at the firm Crowell & Moring and a former federal prosecutor, said that being able to cite a defendant’s own words can go a long way in helping prosecutors convince a jury that the defendant should be convicted.“Words are incredibly powerful in white-collar cases because in a lot of them you’re not going to hear from a defendant, as they are seldom going to take the stand,” he said. “So, having those words put in front of a jury gives them more importance and makes them more consequential.”Andrew Goldstein, the lead prosecutor in the investigation into Mr. Trump for obstruction during the Russia investigation and a partner at the law firm Cooley, said there were other benefits to having Mr. Trump’s own statements that were critical in such a potentially weighty case.“Just as important, if the Department of Justice has this kind of evidence, it could help justify to the public why charges in this case would be necessary to bring,” Mr. Goldstein said.Some aides and allies who interacted with Mr. Trump in the days after the election have previously disclosed that Mr. Trump indicated that he knew he lost the election. In testimony before the House select committee, the chairman of the Joint Chiefs of Staff, Gen. Mark A. Milley, said that in an Oval Office meeting in late November or early December 2020, Mr. Trump acknowledged that he had lost the election.“He says words to the effect of: Yeah, we lost, we need to let that issue go to the next guy,” Mr. Milley said, adding: “Meaning President Biden.”“And the entire gist of the conversation was — and it lasted — that meeting lasted maybe an hour or something like that — very rational,” General Milley said. “He was calm. There wasn’t anything — the subject we were talking about was a very serious subject, but everything looked very normal to me. But I do remember him saying that.”General Milley said, though, that in subsequent meetings Mr. Trump had increasingly discussed how the election was stolen from him.“It wasn’t there in the first session, but then all of a sudden it starts appearing,” General Milley said. A text message from early December 2020 between some of Mr. Trump’s lawyers, disclosed on Tuesday night, shows Mr. Trump searching at that time for reports of how the election was stolen, if they had not been substantiated. The text was sent by one of Mr. Trump’s personal lawyers, Boris Epshteyn, to other members of the legal team, including Rudolph W. Giuliani. Mr. Epshteyn said that he was relaying a direct message from Mr. Trump’s communications aide Jason Miller.Rudolph W. Giuliani urged Mr. Trump to follow through with a plan to simply declare victory in the 2020 election.Nicole Craine for The New York Times“Urgent POTUS request need best examples of ‘election fraud’ that we’ve alleged that’s super easy to explain,” the text message said. “Doesn’t necessarily have to be proven, but does need to be easy to understand.”He continued, “Is there any sort of ‘greatest hits’ clearinghouse that anyone has for best examples? Thank you!!!”That same day, Mr. Giuliani replied: “The security camera in Atlanta alone captures theft of a minimum of 30,000 votes which alone would change result in Georgia.” He continued, “Remember it will live in history as the theft of a state if it is not corrected by State Legislature.”The text messages were made public in connection with a defamation lawsuit being brought by two Georgia election workers against Mr. Giuliani.Mr. Trump has continued to maintain publicly, without any credible evidence, that he lost his re-election bid because of fraud and has defended the motivations of the mob that sought to disrupt the certification of his loss on Jan. 6, 2021. Even if Mr. Kushner, a key White House adviser to Mr. Trump, did not provide prosecutors with evidence to bolster any charge they might bring, his testimony gives them a sense of what he might say if called by the defense to testify in any trial.The New York Times reported in February that Mr. Smith’s office had subpoenaed Mr. Kushner and his wife, Ivanka Trump, to testify before the grand jury. The special counsel’s office has yet to question her before the grand jury. Ms. Trump testified before the House committee last year.The House Jan. 6 committee determined that Mr. Trump’s decision to declare victory on election night even though the votes had not been fully counted yet was not spontaneous, but rather a “premeditated” plan promoted by a small group of his advisers.The panel found evidence, for instance, that Tom Fitton, the head of the conservative group Judicial Watch, was in direct communication with Mr. Trump even before Election Day and understood that he “would falsely declare victory on election night and call for the vote counting to stop.”Similarly, congressional investigators unearthed an audio recording made on Oct. 31, 2020, of Stephen K. Bannon, a former adviser to Mr. Trump, who told associates that the president was going to summarily declare he had won the election.“But that doesn’t mean he’s a winner,” Mr. Bannon said in the recording. “He’s just going to say he’s a winner.”Mr. Bannon was issued a subpoena last month to appear before the grand jury in Washington investigating Mr. Trump’s efforts to overturn the election.In the last two years, reported accounts of Mr. Trump’s final months in office included his former White House chief of staff, Reince Priebus, describing to a friend how Mr. Trump had acted out a script the month before the election that he planned to deliver on election night, saying he had won if he was ahead in the early returns. Mr. Trump at the White House on election night. The House Jan. 6 committee determined that Mr. Trump’s decision to declare victory was a “premeditated” plan.Doug Mills/The New York TimesOn election night, Mr. Giuliani — who, witnesses testified to the House committee, appeared inebriated — wanted Mr. Trump to follow through with the plan to simply declare victory. Mr. Giuliani was the sole adviser encouraging Mr. Trump to pursue that course, the committee found.Among those telling Mr. Trump on election night that it was too early to know if he had won or lost were his campaign manager, Bill Stepien, and Mr. Miller, the communications adviser. In the weeks that followed, several other aides and advisers told Mr. Trump there was no evidence of fraud sufficient to change the results of the election, including William P. Barr, his former attorney general.Alan Feuer More

    • 150 Shares169 Views

      in Elections

      What to Watch for as FBI Director Christopher Wray Testifies Before Congress

      by

      Stoked by former President Donald J. Trump, congressional Republicans have been trying to undermine the F.B.I.’s legitimacy with the public.Christopher A. Wray, the F.B.I. director, confronted an extraordinary political storm on Wednesday in testifying before Congress, with Republicans who once defended the bureau now denouncing it as a weapon wielded against former President Donald J. Trump and his supporters.Mr. Wray, who is appearing for the first time before the House Judiciary Committee since Republicans won the House, is most likely girding for the worst. The committee, led by Representative Jim Jordan, Republican of Ohio, has said it “will examine the politicization” of the F.B.I. under Mr. Wray and Attorney General Merrick B. Garland.In his opening statement, Mr. Jordan accused the bureau of a litany of abuses. He urged Democratic lawmakers to join Republicans in blocking the reauthorization of a warrantless surveillance program known as Section 702 and raised questions about funding for the bureau’s new headquarters.“I hope they will work with us in the appropriations process to stop the weaponization of the government against the American people and end this double standard that exists now in our justice system,” he said.Anticipating the questioning to come, the top Democrat on the committee, Representative Jerrold Nadler of New York, described the hearing as “little more than performance art.” He countered that Republicans had initiated an array of “baseless investigations” in a bid to “protect Donald Trump from the consequences of his actions.”Stoked by the former president, congressional Republicans have adopted an increasingly caustic tone in their criticism of the country’s premier law enforcement agency, trying to damage its legitimacy and to undermine its standing with the public.That criticism was once trained on the bureau’s investigation into the Trump campaign’s ties to Russia during the 2016 election. It is now focused on other flash points: Mr. Trump’s indictment in an inquiry into his handling of classified documents; the F.B.I.’s role in the search of his estate in Florida in August, as part of that inquiry; unfounded claims of a “two-tiered” system of justice favoring Democrats; and the Justice Department’s plea agreement with President Biden’s son, Hunter Biden.So far, Republicans have not provided evidence that the F.B.I. and Mr. Wray are partisan, but they will try to catch him off balance and seed doubt about his motives.Here is what to look for:How will Mr. Wray respond?Mr. Wray infuriated Mr. Trump, who viewed the director’s declaration of independence as disloyalty. But Mr. Wray has previously testified before Congress, steadfastly defending the F.B.I. as nonpartisan and taking fire on Twitter from Mr. Trump, while he was president.Mr. Trump appointed Mr. Wray in 2017 after he fired James B. Comey, who as F.B.I. director had opened the Russia investigation. Since then, Mr. Wray has been under constant pressure from Republicans, who have simultaneously decried lawlessness in cities run by Democrats while attacking the F.B.I.’s role in political investigations.In the past, Mr. Wray has responded to attacks by parsing his words carefully. In his opening statement, he forcibly defended the F.B.I. and declined to discuss open investigations, which is the policy of the Justice Department.“I want to talk about the sheer breadth and impact of the work the F.B.I.’s 38,000 employees are doing, each and every day,” he said, citing the bureau’s work in addressing violent crime, fentanyl trafficking and efforts by China to steal trade secrets. “Because the work the men and women of the F.B.I. do to protect the American people goes way beyond the one or two investigations that seem to capture all the headlines.”Republicans are going to war.Mr. Trump and his supporters — as well as a vocal group of former F.B.I. officials who have aligned themselves with Republicans in Congress — believe the government is trying to silence and punish conservatives and see the bureau as a dangerous extension of that effort.Case in point: In January, House Republicans voted to investigate law enforcement, creating the Select Subcommittee on the Weaponization of the Federal Government.Republicans have claimed that the F.B.I. prodded Twitter to discriminate against their party as well as conservative or right-wing protesters at school board meetings and abortion clinics. Those issues have proved to be powerful drivers of voter turnout in the party’s pro-Trump base.The subcommittee is led by Mr. Jordan, a close ally of Mr. Trump’s.Last month, House Republicans on the Oversight Committee moved to hold Mr. Wray in contempt of Congress. But they called off a planned vote days later after the bureau said it would make available a document at the center of their dispute, involving an unverified allegation of bribery against Mr. Biden when he was vice president.Mr. Trump and his supporters have promoted the idea that the Mar-a-Lago search was intended to neutralize his electoral chances.Mr. Trump and his allies have raged at his indictment and the search of Mar-a-Lago in August, when F.B.I. agents descended on his residence and uncovered hundreds of classified documents.The former president and his supporters have said that Mr. Trump declassified the records, meaning there was no misconduct to start, and that the search was an example of an uneven application of justice.But so far no evidence has emerged that the documents were declassified or that the search, which was approved by a federal judge, was improper or politically motivated. In fact, the search unfolded after Mr. Trump repeatedly resisted the government’s requests that he return the material.In recent weeks, Steven D’Antuono, the former top F.B.I. agent overseeing the documents case, testified behind closed doors before Mr. Jordan.Asked if “anyone was motivated by animus” in the documents investigation, Mr. D’Antuono said no, according to a transcript of his testimony.Mr. Trump appointed Mr. Wray in 2017 after he fired James B. Comey.Haiyun Jiang for The New York TimesHunter Biden reached a plea deal. Republicans hate it.Under the deal with the Justice Department, Mr. Biden agreed to plead guilty to misdemeanor counts of failing to pay his 2017 and 2018 taxes on time and to be sentenced to probation. The department also said it would not prosecute him for buying a handgun in 2018 during a period when he was using drugs.Republicans have assailed the deal, calling it too lenient, even though years of investigation by a Trump-appointed U.S. attorney found evidence to charge Mr. Biden only on the narrow tax and gun issues, rather than the wide-ranging international conspiracies peddled by Mr. Trump and his allies.That U.S. attorney, David C. Weiss, who signed off on the agreement, has also come under fire. On Monday, Mr. Weiss rebutted a key element of testimony to Congress by an Internal Revenue Service official who said that Mr. Weiss had complained about being blocked from pursuing more serious charges.Republicans will claim the Durham investigation showed that the F.B.I. was politically motivated in pursuing its Russia inquiry.A final report by John H. Durham, the Trump-era special counsel, looked at the origins of the F.B.I.’s investigation into any ties Mr. Trump’s campaign had with Russia but found no evidence of politically motivated misconduct.Still, Mr. Durham’s report has continued to fuel Republican claims of bias, with some accusing the F.B.I. of making moves motivated by political favoritism.That charge almost immediately resurfaced during Mr. Wray’s hearing. Mr. Durham’s “ lengthy report reluctantly concluded that the F.B.I. quote, failed uphold its mission of strict fidelity to the law,” Representative Mike Johnson, Republican of Louisiana, said shortly after Mr. Wray’s testimony began.Even as Mr. Trump and his loyalists had long insisted that Mr. Durham’s investigation would unearth a “deep state” conspiracy intended to damage him politically, Mr. Durham never charged high-level government officials.Instead, Mr. Durham developed only two peripheral cases involving accusations of making false statements, both of which ended in acquittals, while using his report to cite flaws in the F.B.I.’s early investigative steps that he attributed to confirmation bias.Will Americans trust the F.B.I.?Republicans have claimed the Justice Department is “weaponized” against conservatives, but the allegations that were brought forth by aggrieved former F.B.I. officials have foundered.Instead, Democratic investigators have uncovered that those former F.B.I. officials have trafficked in right-wing conspiracy theories, including about the Jan. 6, 2021, attack at the Capitol, and have received financial support from a top ally of Mr. Trump’s.In a heated exchange, Representative Matt Gaetz, Republican of Florida, said the American public trusted the F.B.I. more under J. Edgar Hoover, the bureau’s first director, than under the leadership of Mr. Wray. Mr. Wray countered that the number of F.B.I. applicants had surged in Mr. Gaetz’s home state. Mr. Gaetz said he was “deeply proud” of these people and “they deserve better than you.”Still, the back-and-forth is having an impact. Mr. D’Antuono, in his testimony, rebuffed allegations of political bias and rejected calls to defund the bureau — but expressed concern about the future.“In my opinion,” he said, “the more the American people hear about not trusting the F.B.I., it’s not a good day for this country.” More

    • 113 Shares149 Views

      in Elections

      Far Right Pushes a Through-the-Looking-Glass Narrative on Jan. 6

      by

      An ecosystem of true believers is promoting a tale of persecution rather than prosecution that has migrated to the heart of presidential politics.Six months since the House committee investigating the Jan. 6, 2021, assault on the Capitol completed its work, a far-right ecosystem of true believers has embraced “J6” as the animating force of their lives.They attend the criminal trials of the more prominent rioters charged in the attack. They gather to pray and sing “The Star-Spangled Banner” on the outer perimeter of the District of Columbia jail, where some two dozen defendants are held. Last week, dozens showed up at an unofficial House hearing convened by a handful of Republican lawmakers to challenge “the fake narrative that an insurrection had occurred on Jan. 6,” as set forth by Jeffrey Clark, a witness at the hearing and a former Justice Department official who worked to undo the results of the 2020 election.The 90-minute event was a through-the-looking-glass alternative to the damning case against former President Donald J. Trump presented last year by the Jan. 6 committee. In the version advanced by five House Republicans who attended the hearing — Matt Gaetz, Paul Gosar, Ralph Norman, Marjorie Taylor Greene and Troy Nehls — as well as conservative lawyers and Capitol riot defendants, Jan. 6 was an elaborate setup to entrap peaceful Trump supporters, followed by a continuing Biden administration campaign to imprison and torment innocent conservatives.Writ large, their loudest-in-the-room tale of persecution rather than prosecution might be dismissed as fringe nonsense had it not migrated so swiftly to the heart of presidential politics. Mr. Trump has pledged to pardon some of the Jan. 6 defendants if he returns to the White House, and his chief challenger for the 2024 Republican nomination, Gov. Ron DeSantis of Florida, has signaled he may do the same.Representatives Matt Gaetz and Lauren Boebert, both Republicans, were among the members of Congress who held a hearing criticizing the Jan. 6 prosecutions.Kenny Holston/The New York TimesMore than half, or 58 percent, of self-described conservatives say that Jan. 6 was an act of “legitimate political discourse” rather than a “violent insurrection,” according to a poll three months ago by The Economist/YouGov.The counternarrative is in part animated by a series of particularly stiff sentences for the Jan. 6 defendants, including one of more than 12 years in prison handed down on Wednesday for a rioter who savagely assaulted a D.C. police officer, Michael Fanone.The audience for the hearing in the Capitol Visitor Center included several of the most avid and successful promoters of the Jan. 6 counternarrative.Among them were Micki Witthoeft, the mother of Ashli Babbitt, the Air Force veteran and QAnon adherent who was fatally shot by a Capitol police officer during the riot and is now heralded as a martyr by the far right; Nicole Reffitt, whose husband, Guy Reffitt, was sentenced to more than seven years in prison for his role in the riot and who now helps organize nightly vigils at the D.C. jail; Tayler Hansen, who has claimed to possess videotaped evidence of antifa elements instigating the violence at the Capitol, but who did not respond to a request from The New York Times to view the footage; and Tommy Tatum of Mississippi, who describes himself as an independent journalist and has inferred from various unidentified characters who appear in his own footage that sophisticated teams of plainclothes federal agents orchestrated the breach of the Capitol.The Jan. 6 deniers range from true believers to flighty opportunists, with fevered arguments among them as to who is which. Mr. Tatum and William Shipley, a lawyer who has represented more than 30 Jan. 6 defendants, have for example accused each other on Twitter of cynical profiteering.Micki Witthoeft, whose daughter, Ashli Babbitt, was fatally shot during the riot, attended the hearing at the Capitol Visitor Center.Kenny Holston/The New York TimesOne generally admired within the group is Julie Kelly, a former Illinois Republican political consultant, cooking class teacher and pandemic lockdown critic who writes for the conservative website American Greatness. Ms. Kelly has asserted that the Biden administration is “on a destructive crusade to exact revenge against supporters of Donald Trump” and has accused Mr. Fanone, who was beaten unconscious by the rioters at the Capitol, of being a “crisis actor.” She was a frequent guest on Tucker Carlson’s prime-time show before Fox fired him in April.Last month, aides to Speaker Kevin McCarthy gave Ms. Kelly and two other conservative writers, John Solomon of Just the News and Joseph M. Hanneman of The Epoch Times, permission to ferret through the Capitol’s voluminous Jan. 6 security footage, the only journalists other than Mr. Carlson to obtain such access.In an interview the day before the House hearing, Ms. Kelly said she was scouring the video in hopes of learning the provenance of the infamous gallows that were seen on the Capitol grounds on Jan. 6. “Did Trump supporters go there and build that? I doubt it,” she said. Ms. Kelly also hopes to learn whether nefarious “agitators” were already inside the Capitol before the breach. She variously termed Jan. 6 “an inside job” and a “fed-surrection.”Ms. Kelly recounted a meeting she and a fellow supporter of Jan. 6 defendants, Cynthia Hughes, had last September with Mr. Trump at his golf club in Bedminster, N.J. She said she told the former president that the defendants felt abandoned by him: “They’re saying to me: ‘We were there for him. Why isn’t he here for us?’” Ms. Hughes informed Mr. Trump that the federal judges he appointed were “among the worst” when it came to the treatment of the riot defendants.Surprised, Mr. Trump replied, “Well, I got recommendations from the Federalist Society.” Ms. Kelly said he then asked, “What do you want me to do?” She replied that he could donate to Ms. Hughes’s organization, the Patriot Freedom Project, which offers financial support to the defendants. Mr. Trump’s Save America PAC subsequently gave $10,000 to the group.Former President Donald J. Trump has pledged to pardon some of the Jan. 6 defendants if he returns to the White House.Doug Mills/The New York TimesOthers in the ecosystem contend that Mr. Trump’s contribution to the cause is manifest by the slings and arrows he has himself suffered since that day. “I call him Jan. Sixth-er Number One,” said Joseph D. McBride, perhaps the most visible of the lawyers representing the defendants. “He’s under the gun. He’s being investigated and indicted.”Mr. McBride’s clients include Richard Barnett, who posed for a photograph with his foot on Speaker Nancy Pelosi’s desk, as well as Ryan Nichols, who exhorted fellow protesters to target elected officials, yelling, “Cut their heads off!”Mr. McBride also represented two Stop the Steal rally organizers subpoenaed by the Jan. 6 committee, Ali Alexander and Alex Bruesewitz. It was Mr. Bruesewitz who introduced Mr. McBride to Donald Trump Jr., which led to several invitations to Mar-a-Lago, Mr. Trump’s club in Palm Beach, Fla.“I’ve lost count at this point,” Mr. McBride said, adding that the club “is a good place to network.”Mr. McBride was also a frequent guest on Mr. Carlson’s show, including the time he claimed that a mysterious man seen at the Capitol on Jan. 6 with his face obscured in red paint was “clearly a law enforcement officer.” Shown evidence later that week by a HuffPost reporter that the man was a well-known habitué of St. Louis Cardinals baseball games, Mr. McBride replied: “If I’m wrong, so be it, bro. I don’t care.”He did acknowledge a certain dubiousness to the claim that the mostly white male conservatives who showed up at the Capitol on Jan. 6 had the judicial deck stacked against them.“Pre-Jan. 6, anytime you heard the term ‘two-tier system of justice,’ it’s Blacks, it’s Latinos, it’s the infringed, it’s the poor, it’s the drug addicted, it’s the marginalized, it’s the L.G.B.T.Q. community,” he said. That coalition of victims, Mr. McBride insisted, now included the MAGA supporters he represented.Joseph McBride, left, and his client Richard Barnett, center, arriving for a court hearing in Washington.Chip Somodevilla/Getty ImagesInsha Rahman, the vice president for advocacy and partnerships at the Vera Institute of Justice, a nonprofit focused on criminal justice reform, agrees, up to a point. Mr. McBride and the others are raising “unfortunately a fact of life for over two million Americans who are behind bars,” said Ms. Rahman, who has visited the D.C. jail several times and concurs that its conditions are inhumane, though no worse, she said, than detention facilities in Chicago, Los Angeles and Houston.Still, she said, the privileges afforded the Jan. 6 pretrial detainees in their particular wing — individual cells, a library, contact visits, the ability to participate in podcasts — “are not at all typical.”“But I don’t want to call that special treatment,” Ms. Rahman said. “That’s the floor for what every incarcerated person in America should have a right to expect.”For now, the protagonists of the alternative Jan. 6 narrative are not particularly focused on prison reform. Nor are they willing to give up.As Mr. McBride said: “Do I think we’ll ever get to the bottom of it? We still haven’t solved the J.F.K. assassination.” More

    • 138 Shares179 Views

      in Elections

      Prosecutors in Jan. 6 Case Step up Inquiry Into Trump Fund-Raising

      by

      The Justice Department has been gathering evidence about whether the former president and his allies solicited donations with claims of election fraud they knew to be false.As they investigate former President Donald J. Trump’s efforts to overturn the 2020 election, federal prosecutors have also been drilling down on whether Mr. Trump and a range of political aides knew that he had lost the race but still raised money off claims that they were fighting widespread fraud in the vote results, according to three people familiar with the matter.Led by the special counsel Jack Smith, prosecutors are trying to determine whether Mr. Trump and his aides violated federal wire fraud statutes as they raised as much as $250 million through a political action committee by saying they needed the money to fight to reverse election fraud even though they had been told repeatedly that there was no evidence to back up those fraud claims.The prosecutors are looking at the inner workings of the committee, Save America PAC, and at the Trump campaign’s efforts to prove its baseless case that Mr. Trump had been cheated out of victory.In the past several months, prosecutors have issued multiple batches of subpoenas in a wide-ranging effort to understand Save America, which was set up shortly after the election as Mr. Trump’s main fund-raising entity. An initial round of subpoenas, which started going out before Mr. Trump declared his candidacy in the 2024 race and Mr. Smith was appointed by Attorney General Merrick B. Garland in November, focused on various Republican officials and vendors that had received payments from Save America.But more recently, investigators have homed in on the activities of a joint fund-raising committee made up of staff members from the 2020 Trump campaign and the Republican National Committee, among others. Some of the subpoenas have sought documents from around Election Day 2020 up the present.Prosecutors have been heavily focused on details of the campaign’s finances, spending and fund-raising, such as who was approving email solicitations that were blasted out to lists of possible small donors and what they knew about the truth of the fraud claims, according to the people familiar with their work. All three areas overlap, and could inform prosecutors’ thinking about whether to proceed with charges in an investigation in which witnesses are still being interviewed.The possibility that the fund-raising efforts might have been criminally fraudulent was first raised last year by the House select committee investigating Mr. Trump’s efforts to retain power.But the Justice Department, with its ability to bring criminal charges, has been able to prompt more extensive cooperation from a number of witnesses. And prosecutors have developed more information than the House committee did, having targeted communications between Trump campaign aides and other Republican officials to determine if a barrage of fund-raising solicitations sent out after the election were knowingly misleading, according to the three people familiar with the matter.The fund-raising efforts are just one focus of Mr. Smith’s investigation into Mr. Trump’s attempts to reverse his loss at the polls.Led by the special counsel Jack Smith, prosecutors are trying to determine whether Mr. Trump and his aides violated federal wire fraud statutes.Peter Dejong/Associated PressProsecutors have also been examining the plan to assemble alternate slates of pro-Trump electors from swing states won by Joseph R. Biden Jr., and the broader push by Mr. Trump to block or delay congressional certification of Mr. Biden’s Electoral College victory on Jan. 6, 2021, leading to the storming of the Capitol by Trump supporters.On Thursday, former Vice President Mike Pence, a key witness to Mr. Trump’s efforts, testified for hours to the grand jury gathering evidence in the investigation.Prosecutors have been looking at the nexus between research the Trump campaign commissioned almost immediately after the election to try to prove widespread fraud, public statements that he and his allies made at the time, the fund-raising efforts and the establishment of Save America.The Washington Post reported earlier on the efforts by the campaign to fund research into claims of fraud and the new round of subpoenas.Mr. Trump’s team may argue that the fund-raising represented political speech with solicitations that were generally vague, and that subjecting it to a criminal process could raise First Amendment issues and create a slippery slope for future candidates. Political fund-raising materials often engage in bombast or exaggeration.Republicans may also argue that Democrats have been loose in claims they have used in fund-raising solicitations. And the Trump campaign may argue that it did in fact use the funds to try to investigate fraud.Jason Miller, an adviser to Mr. Trump who worked on the 2020 campaign, said that the “Deep State is ramping up their attacks on President Trump” as his poll numbers have increased. “The ‘political police’ have been pushing their witch hunt since President Trump came down the escalator, and they’ve been proven wrong every single time,” he added.Officials with the Republican National Committee declined to comment.Immediately after the election, an adviser to the Trump campaign reached out to Ken Block, the owner of a Rhode Island-based firm, Simpatico Software Systems, to have him evaluate specific allegations of fraud.Jason Miller, a former top Trump aide, appearing on a screen last year during a hearing of the House committee investigating the Capitol riot. Doug Mills/The New York TimesMr. Block ended up researching multiple claims of possible fraud that Mr. Trump’s aides brought to him. He never produced a final report. But each time he investigated a claim, he said in an interview, he found there was nothing to it.Mr. Block said he had disproved “everything that came in and found no substantive fraud sufficient to overturn an election result.” He said he was isolated from what was taking place within the campaign, as Mr. Trump railed at aides about staying in office and continued to insist he had won an election that he was repeatedly told he had lost.“I was kept very walled off from all of the insanity,” said Mr. Block, whose firm was paid $735,000, records show. He received a subpoena for documents, but declined in the interview to discuss anything related to the grand jury.Days after starting to work with Mr. Block and Simpatico, the Trump campaign hired a second firm, the Berkeley Research Group. The federal grand jury has received evidence that Berkeley was hired at the suggestion of Jared Kushner, Mr. Trump’s son-in-law, who was overseeing the political operation.The grand jury has been asking questions related to whether Mr. Trump was briefed on findings by Berkeley suggesting there had been no widespread fraud.The company ultimately submitted a report indicating there had been no fraud that would have changed the outcome of the election, and was paid roughly $600,000 for its work. The company was hired through a law firm that has long represented Mr. Trump in his personal capacity, Kasowitz Benson Torres, although lawyers there were not involved in pursuing Mr. Trump’s election fraud claims, according to a person briefed on the matter.A deputy counsel for Berkeley Research Group said the company has a “no comment” policy and declined to discuss the matter further.During the House Jan. 6 committee’s proceedings last year, several people close to Mr. Trump testified that they had informed him that there had been no fraud sufficient to change the outcome of the voting.Within two weeks of the election, the Trump campaign’s own communications staff drafted an internal report debunking many aspects of a conspiracy theory that voting machines made by Dominion Voting Systems had been hacked and used to flip votes away from Mr. Trump. That report was written before pro-Trump lawyers like Sidney Powell and Rudolph W. Giuliani promoted the false Dominion story at news conferences and on television.As part of its investigation into the Trump campaign’s postelection fund-raising, the Jan. 6 panel subpoenaed records from Salesforce.com, a vendor that helped the campaign and the Republican National Committee send emails to potential donors. The R.N.C. fought back, filing a lawsuit to quash the subpoena, and the House committee ultimately withdrew it.In the latest round of subpoenas, federal prosecutors have sought documents related to Salesforce in addition to other vendors, according to a person briefed on the matter. More