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    Justice Dept. Seeks to Force Trump White House Lawyers to Testify in Jan. 6 Inquiry

    The move is part of an effort by prosecutors to punch through the claims of privilege the former president is using to hamper the investigation of his push to overturn the election.The Justice Department has asked a federal judge to force the two top lawyers in Donald J. Trump’s White House to provide additional grand jury testimony as prosecutors seek to break through the former president’s attempts to shield his efforts to overturn the 2020 election from investigation, according to two people familiar with the matter.Prosecutors filed a motion to compel testimony from the two lawyers, Pat A. Cipollone and Patrick F. Philbin, last week. They told Beryl A. Howell, a judge in Federal District Court in Washington who oversees grand jury matters, that their need for the evidence the men could provide should overcome Mr. Trump’s claims that the information is protected by attorney-client and executive privilege, the people said.The filing was the latest skirmish in a behind-the-scenes legal struggle between the government and Mr. Trump’s lawyers to determine how much testimony witnesses close to the former president can provide to the grand jury, which is examining Mr. Trump’s role in numerous schemes to reverse his election defeat, culminating in the mob attack on the Capitol on Jan. 6, 2021.Mr. Cipollone, Mr. Trump’s former White House counsel, and Mr. Philbin, who served as his deputy, initially appeared before the grand jury last month after receiving subpoenas, but declined to answer some of the questions prosecutors had about advice they gave to Mr. Trump or interactions they had with him in the chaotic post-election period, one of the people familiar with the matter said.The government’s filing, which was reported earlier by CNN, asked Judge Howell to force the men to return to the grand jury and respond to at least some of the questions they had declined to answer.If compelled to testify fully, Mr. Cipollone and Mr. Philbin could provide the grand jury with firsthand accounts of the advice they gave Mr. Trump about his efforts to derail the results of the election with a variety of schemes, including one to create fake slates of pro-Trump electors in states won by Joseph R. Biden Jr. They could also tell the grand jury about Mr. Trump’s activities and mind-set on Jan. 6 and the tumultuous weeks leading up to it.Judge Howell has already ruled in favor of the government in a similar privilege dispute concerning testimony from two top aides to former Vice President Mike Pence, Marc Short and Greg Jacob, according to several people familiar with the matter. Both Mr. Short and Mr. Jacob returned to the grand jury this month and answered questions that Mr. Trump’s lawyers had sought to block as being privileged during their original appearances.Prosecutors are also seeking to force Patrick F. Philbin, the former deputy White House counsel, to provide additional testimony.Erin Schaff/The New York TimesThe closed-door battle over how much evidence the grand jury should hear about Mr. Trump’s role in reversing his defeat and how much should be kept away as privileged is almost certain to continue as more witnesses close to the former president are called in for testimony.Last month, about 40 subpoenas were issued to a large group of former Trump aides — among them, Mark Meadows, Mr. Trump’s final chief of staff; Dan Scavino, his onetime deputy chief of staff for communications; and Stephen Miller, Mr. Trump’s top speechwriter and a senior policy adviser.It is likely that Mr. Trump will try to assert some form of privilege over the testimony of each of those potential witnesses in a bid to narrow what the grand jury can hear about him.Even as the Justice Department presses forward in seeking evidence about Mr. Trump’s involvement in the events leading up to the Capitol attack, the House committee investigating Jan. 6 is also continuing to hear from witnesses.On Tuesday, Hope Hicks, a former top aide to Mr. Trump, testified for about four hours in front of the panel, according to two people familiar with the matter.The interview of Ms. Hicks, which was conducted virtually, came late in the committee’s 16-month investigation and after it has most likely concluded holding public hearings. Still, the members of the panel have kept pushing for more information about Mr. Trump’s state of mind in the final weeks of his administration and how often he was told there was no evidence of a stolen election.During a meeting with Mr. Trump, Ms. Hicks told the former president that she had seen no evidence of widespread fraud that could overturn the results of the election, according to the book “Confidence Man” by Maggie Haberman, a reporter for The New York Times.“You’re wrong,” Mr. Trump replied, hoping to scare others out of agreeing with her.Throughout August, the panel interviewed top administration officials, including Robert O’Brien, Mr. Trump’s former national security adviser; Elaine Chao, the former transportation secretary; and Mike Pompeo, the former secretary of state. Investigators asked questions regarding reports of discussions about invoking the 25th Amendment to remove the president from office, among other topics.Ms. Hicks served as the White House communications director in 2017 and 2018 and then returned to the White House as a counselor to Mr. Trump during his final 10 months in office.It was not immediately clear exactly what Ms. Hicks told the committee, but investigators went over certain text messages with her, according to a person familiar with the matter.A spokesman for the committee and a lawyer for Ms. Hicks declined to comment.Maggie Haberman More

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    What President Biden Could Learn from Ronald Reagan

    Blame is a hallmark of American politics. Ronald Reagan couldn’t escape it in his first midterm elections 40 years ago. Can Biden?They’re called election cycles for a reason. In politics, everything’s on repeat.In 1982, a new president faced his first midterm elections after he was swept into office amid an economic slump, high inflation and deep dissatisfaction with the previous occupant of the White House.Sound familiar?Forty years later, President Biden is facing a completely different set of problems, including a persisting pandemic and a predecessor who refuses to accept that he was defeated. Yet Biden and Ronald Reagan have shared a similar burden: getting blamed for economic woes that began before either one was elected. Both men won the presidency by promising restoration, but both saw their approval ratings sink when they couldn’t immediately deliver.“Blame in American politics runs through the president,” said Sarah Binder, a senior fellow at the left-leaning Brookings Institution and a political science professor at George Washington University. “He is the most prominent salient actor in American politics.”Reagan began his presidency with a double-digit inflation rate. In the months leading up to the election, as inflation settled down, unemployment rose. Throughout 1982, Reagan’s approval rating hovered in the low 40s, where Biden has been stuck since late last summer. In those November midterms, Republicans lost 26 House seats and gained one Senate seat, by replacing one conservative independent with a Republican.We spoke with several historians and Republicans directly involved with the 1982 campaign, and they all warned that as long as the country feels economic pressure during Biden’s first midterm, it’s nearly impossible to dodge the dictum that the party in power loses House seats. Republicans’ 1982 campaign message — “Stay the course”— might have stemmed their losses, but losses were inescapable.The comparison breaks down in one key way for Democrats. Reagan had already been crowned “the Great Communicator” by the 1982 midterms. Biden’s failure to communicate a clear, compelling message to voters has been one of his biggest liabilities so far.However, there’s still time for an upswing in the economy. And even if the economy doesn’t rebound by November, it’s possible for Biden to cut his losses and even win back seats in 2024.Edwin Meese III, who was counselor to Reagan in 1982 before becoming attorney general, noted that Reagan’s “Stay the course” midterm was followed by his optimistic “Morning in America” re-election. He won a second term in a landslide.“It’s a matter of faith,” said Meese, 90, an emeritus fellow at the conservative Heritage Foundation. “President Ronald Reagan knew that there would be difficult times, and the difficult times were not yet over, but that they would be.”‘Give the guy a chance’ In 1982, concerns about midterm losses and disagreements over economic policy led to divisions and finger-pointing within the Republican Party. Even so, the party urged voters to “give the guy a chance.”Nancy Dwight, who was running the House Republicans’ campaign arm at the time, cautions against reading too much into the 1982 example, but sees Biden taking a page from Reagan’s playbook in urging patience as he attempts to get the economy back on track. “He wouldn’t dare use that line, but he’s staying the course,” Dwight told us.Reagan was determined to see his economic plans through, even as the public lost confidence. Given the circumstances, Dwight recalled that she felt relieved that Republicans didn’t lose even more House seats. “I knew it could have been much worse,” she said.Joe Gaylord, who worked with Dwight at the House campaign committee in 1982, said Reagan’s economic crisis was more deep-rooted than Biden’s — with interest rates, inflation and unemployment all blocking recovery.But he said the basic contours of the problem that Biden faced were all too similar. Combine Reagan’s low approval rating with a country that believes it’s on the wrong track, and one thing happens, he said: “You get change.”A “huge problem that Biden has right now is that none of the things he’s done is working, either,” Gaylord added.When the unemployment rate surpassed 10 percent in September 1982, Gaylord said, “Republican candidates just dropped like flies,” as voters’ patience with the Reagan administration evaporated. He recalled hearing frustrated Republicans assert that the problem was simply a failure to communicate with voters — that if Republicans had been clearer about their accomplishments, voters would have supported them.That’s a theory that many Democrats, including Biden himself, have repeated in addressing why the public hasn’t been more supportive of his administration.But the message won’t get through if it doesn’t resonate, Gaylord said: “​​It’s a little tough to make a communication work when people don’t feel it.”Still, in some congressional races, Gaylord credited the “Stay the course” message with keeping seats in 1982. Republicans’ House minority shrunk, but they managed to keep control of the Senate and even gain a seat.President Biden arriving in Cleveland on Thursday. He and former President Ronald Reagan have shared one broad challenge: getting blamed for economic woes that began before either was elected.Tom Brenner for The New York TimesThe blame gameThere are plenty of reasons a president struggles in the midterms.Binder, the fellow at the Brookings Institution, ran through some of them. Voters like to distribute party power when they think it’s too concentrated. Supporters of the newly-elected president are more content and therefore less excited to turn out. Voters aren’t following the intricacies of policy.Jill Lepore, the historian and journalist, suggested thinking about the situation not as political intrigue, but as family drama.“You think about some bad situation in your extended family where your cousin and your aunt don’t speak to each other,” she said. But the conflict all began, she added, with a past inflammatory comment from your grandmother, who’s not engaged in the drama but lit the fire in the first place.“You need the whole story. But that’s not how we think politically, right?”Looking back, Meese said that he and Reagan, along with his top advisers, were confident that the policies Reagan enacted would allow Republicans to rebound in 1984. He didn’t see losing about 25 seats as all that bad, but rather “in keeping with historical norms.”“I don’t think anybody likes the idea of losing seats,” Meese said. “But I think the president felt that to do anything other than continue the program he had started was the wrong thing to do.”What to read A judge ruled that New York’s attorney general, Letitia James, can interview Donald Trump as well as two of his adult children as part of an inquiry into Trump’s business practices.Nicholas Kristof, a former New York Times columnist, cannot run for governor of Oregon, according to a Thursday ruling by the state’s Supreme Court. Even though he has connections to Oregon, the court ruled he had not fulfilled the three-year residency requirement to run, reports Mike Baker.The Ottawa protests “will likely live on long after the last trucks depart,” Natalie Kitroeff and Dan Bilefsky report. The protests have evolved into a “wider movement against pandemic restrictions in general and the premiership of Prime Minister Justin Trudeau.”in the momentThe police confronting Trump loyalists outside the Capitol on Jan. 6, 2021.Jason Andrew for The New York TimesCriticizing the R.N.C., from the benchA federal judge took a swipe at the Republican National Committee on Thursday, taking issue with the committee’s recent move to condemn two Republican lawmakers for “participating in a Democrat-led persecution of ordinary citizens engaged in legitimate political discourse.”Key Developments in the Jan. 6 InvestigationCard 1 of 3Piecing the evidence together. More