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    Appeasing Donald Trump Won’t Work

    I’m going to begin this column with a rather unusual reading recommendation. If you’ve got an afternoon to kill and want to read 126 pages of heavily footnoted legal argument and historical analysis, I strongly recommend a law review article entitled “The Sweep and Force of Section Three.” It’s a rather dull headline for a highly provocative argument: that Donald Trump is constitutionally disqualified from holding the office of president.In the article, two respected conservative law professors, William Baude and Michael Stokes Paulsen, make the case that the text, history and tradition of Section 3 of the 14th Amendment — a post-Civil War amendment that prohibited former public officials from holding office again if they “engaged in insurrection or rebellion” or gave “aid or comfort” to those who did — all strongly point to the conclusion that Trump is ineligible for the presidency based on his actions on and related to Jan. 6, 2021. Barring a two-thirds congressional amnesty vote, Trump’s ineligibility, Baude and Paulsen argue, is as absolute as if he were too young to be president or were not a natural-born citizen of the United States.It’s a fascinating and compelling argument that only grows more compelling with each painstakingly researched page. But as I was reading it, a single, depressing thought came to my mind. Baude and Paulsen’s argument may well represent the single most rigorous and definitive explanation of Section 3 ever put to paper, yet it’s difficult to imagine, at this late date, the Supreme Court ultimately either striking Trump from the ballot or permitting state officials to do so.As powerful as Baude and Paulsen’s substantive argument is, the late date means that by the time any challenge to Trump’s eligibility might reach the Supreme Court, voters may have already started voting in the Republican primaries. Millions of votes could have been cast. The Supreme Court is already reluctant to change election procedures on the eve of an election. How eager would it be to remove a candidate from the ballot after he’s perhaps even clinched a primary?While I believe the court should intervene even if the hour is late, it’s worth remembering that it would face this decision only because of the comprehensive failure of congressional Republicans. Let me be specific. There was never any way to remove Trump from American politics through the Democratic Party alone. Ending Trump’s political career required Republican cooperation, and Republicans have shirked their constitutional duties, sometimes through sheer cowardice. They have punted their responsibilities to other branches of government or simply shrunk back in fear of the consequences.In hindsight, for example, Republican inaction after Jan. 6 boggles the mind. Rather than remove Trump from American politics by convicting him in the Senate after his second impeachment, Republicans punted their responsibilities to the American legal system. As Mitch McConnell said when he voted to acquit Trump, “We have a criminal justice system in this country.” Yet not even a successful prosecution and felony conviction — on any of the charges against him, in any of the multiple venues — can disqualify Trump from serving as president. Because of G.O.P. cowardice, our nation is genuinely facing the possibility of a president’s taking the oath of office while also appealing one or more substantial prison sentences.Republicans have also punted to the American voters, suggesting that any outstanding questions of Trump’s fitness be decided at the ballot box. It’s a recommendation with some real appeal. (In his most recent newsletter, my colleague Ross Douthat makes a powerful case that only politics can solve the problem of Donald Trump.) “Give the people what they want” is a core element of democratic politics, and if enough people “want” Trump, then who are American politicians or judges to deprive them? Yet the American founders (and the drafters of the 14th Amendment) also knew the necessity of occasionally checking the popular will, and the Constitution thus contains a host of safeguards designed to protect American democracy from majorities run amok. After all, if voting alone were sufficient to protect America from insurrectionist leaders, there would have been no need to draft or ratify Section 3.Why are Republicans in Congress punting to voters and the legal system? For many of them, the answer lies in raw fear. First, there is the simple political fear of losing a House or Senate seat. In polarized, gerrymandered America, all too many Republican politicians face political risk only from their right, and that “right” appears to be overwhelmingly populated by Trumpists.But there’s another fear as well, that imposing accountability will only escalate American political division, leading to a tit-for-tat of prosecuted or disqualified politicians. This fear is sometimes difficult to take seriously. For example, conservative podcaster Ben Shapiro raised it, arguing that “running for office now carries the legal risk of going to jail — on all sides.” Yet he had himself written an entire book calling for racketeering charges against Barack Obama.That said, the idea that vengeful MAGA Republicans might prosecute Democrats out of spite is credible enough to raise concerns outside the infotainment right. Michael McConnell, a conservative professor I admire a great deal (and one who is no fan of Donald Trump), expressed concern about the Section 3 approach to disqualifying Trump. “I worry that this approach could empower partisans to seek disqualification every time a politician supports or speaks in support of the objectives of a political riot,” he wrote, adding, “Imagine how bad actors will use this theory.”In other words, Trump abused America once, and the fear is that if we hold him accountable, he or his allies will abuse our nation again. I think Professor McConnell’s warnings are correct. Trump and his allies are already advertising their plans for revenge. But if past practice is any guide, Trump and his allies will abuse our nation whether we hold him accountable or not. The abuse is the constant reality of Trump and the movement he leads. Accountability is the variable — dependent on the courage and will of key American leaders — and only accountability has any real hope of stopping the abuse.A fundamental reality of human existence is that vice often leaves virtue with few good options. Evil men can attach catastrophic risks to virtually any course of action, however admirable. But we can and should learn lessons from history. George Washington and Abraham Lincoln, two of our greatest presidents, both faced insurrectionary movements, and their example should teach us today. When Washington faced an open revolt during the Whiskey Rebellion in 1794, he didn’t appease the rebels, instead mobilizing overwhelming force to meet the moment and end the threat.In 1861, Lincoln rejected advice to abandon Fort Sumter in South Carolina in the hope of avoiding direct confrontation with the nascent Confederate Army. Instead, he ordered the Navy to resupply the fort. The Confederates bombarded Sumter and launched the deadliest war in American history, but there was no point at which Lincoln was going to permit rebels to blackmail the United States into extinction.If you think the comparisons to the Whiskey Rebellion or the Civil War are overwrought, just consider the consequences had Trump’s plan succeeded. I have previously described Jan. 6 as “America’s near-death day” for good reason. If Mike Pence had declared Trump the victor — or even if the certification of the election had been delayed — one shudders to consider what would have happened next. We would have faced the possibility of two presidents’ being sworn in at once, with the Supreme Court (and ultimately federal law enforcement, or perhaps even the Army) being tasked with deciding which one was truly legitimate.Thankfully, the American legal system has worked well enough to knock the MAGA movement on its heels. Hundreds of Jan. 6 rioters face criminal justice. The movement’s corrupt lawyers face their own days in court. Trump is indicted in four jurisdictions. Yet all of that work can be undone — and every triumph will turn to defeat — if a disqualified president reclaims power in large part through the fear of his foes.But the story of Washington and Lincoln doesn’t stop with their decisive victories. While 10 members of the Whiskey Rebellion were tried for treason, only two were convicted, and Washington ultimately pardoned them both. On the eve of final victory, Lincoln’s second Inaugural Address contained words of grace that echo through history, “With malice toward none, with charity for all.”Victory is not incompatible with mercy, and mercy can be indispensable after victory. But while the threat remains, so must the resolve, even if it means asking the Supreme Court to intervene at the worst possible time. Let me end where I began. Read Baude and Paulsen — and not just for their compelling legal argument. Read and remember what it was like when people of character and conviction inhabited the American political class. They have given us the tools to defend the American experiment. All we need is the will.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    How to Beat Donald Trump

    Michelle Cottle, Ross Douthat and Listen to and follow ‘Matter of Opinion’Apple Podcasts | Spotify | Amazon MusicDonald Trump was impeached twice. He has been indicted three times. He lost the 2020 election. And yet he’s the clear Republican front-runner for 2024.Today on “Matter of Opinion,” Michelle Cottle, Ross Douthat and Carlos Lozada explore how Trump has created a winning political strategy and what his potential nomination could mean for Joe Biden, the Republican Party and the future of the country.Illustration by The New York Times; photograph by Scott Eisen/Getty ImagesMentioned in this episode:“The Normal Paths to Beating Trump Are Closing,” by Ross Douthat for The New York Times“The Right Way to Resist Trump,” by Luigi Zingales in The New York Times“Rules for Resistance: Advice From Around the Globe for the Age of Trump,” by David Cole and Melanie Wachtell Stinnett“Trump and Allies Forge Plans to Increase Presidential Power in 2025,” by Jonathan Swan, Charlie Savage and Maggie Haberman for The New York Times“So Help Me God,” by Mike Pence“The Imperial Presidency,” by Arthur M. Schlesinger Jr.Thoughts? Email us at matterofopinion@nytimes.com.Follow our hosts on X: Michelle Cottle (@mcottle), Ross Douthat (@DouthatNYT) and Carlos Lozada (@CarlosNYT).“Matter of Opinion” is produced by Phoebe Lett, Sophia Alvarez Boyd and Derek Arthur. Edited by Stephanie Joyce. Mixing by Pat McCusker. Original music by Isaac Jones, Efim Shapiro, Carole Sabouraud, Sonia Herrero and Pat McCusker. Our fact-checking team is Kate Sinclair, Mary Marge Locker and Michelle Harris. Audience strategy by Shannon Busta and Kristina Samulewski. Our executive producer is Annie-Rose Strasser. More

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    Why Jack Smith Had to Bring This Indictment Against Trump

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

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    House Kills Effort to Censure Adam Schiff, Aided by Some Republicans

    The NewsThe House turned back a Republican effort on Wednesday to formally censure Representative Adam B. Schiff, Democrat of California, for his role in investigating and impeaching former President Donald J. Trump.The vote was 225 to 196 to table, or kill, a resolution by Representative Anna Paulina Luna, a Florida Republican who has allied herself closely with the former president. Twenty Republicans joined Democrats in voting to sideline it, with another two G.O.P. lawmakers voting “present” to avoid registering a position. In a surprise, five Democrats also voted “present.”The measure would have rebuked Mr. Schiff, who as chairman of the House Intelligence Committee investigated whether Mr. Trump colluded with Russia to win the 2016 election and prosecuted Mr. Trump at his first impeachment trial. It called for an ethics investigation into Mr. Schiff and a $16 million fine if he was found to have lied.Representative Adam B. Schiff, Democrat of California, investigated whether former President Donald J. Trump colluded with Russia to win the 2016 election and prosecuted Mr. Trump at his first impeachment trial.Haiyun Jiang/The New York TimesWhy It MattersThe censure resolution, coming a day after Mr. Trump was arraigned in a federal court on 37 criminal counts related to his mishandling of classified documents and efforts to obstruct federal investigators, was the latest bid by Republicans to retaliate against Democrats for their treatment of the former president.But while the measure, which accused Mr. Schiff of willfully lying for political gain, was highly partisan, it raised complicated questions about accountability and revenge. Mr. Schiff’s claims that there was “ample evidence” that Mr. Trump colluded with Russia were undermined by the conclusions of the special counsel Robert S. Mueller III, who wrote in his report that his investigation “did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.” Republicans have wielded that determination to accuse Mr. Schiff of lying.“Ultimately, this is an accountability tool that we can do to each other to ensure that the integrity of the institution is intact,” Ms. Luna said.Still, Mr. Schiff’s statements and allegations were made during an official investigation of Mr. Trump. On Wednesday, Mr. Schiff called the effort to censure him “political payback” and warned that it would set “a dangerous precedent of going after someone who held a corrupt president accountable.”The bipartisan vote to table the measure suggested that at least some Republicans agreed that it was inappropriate.BackgroundMr. Schiff, who is running in a competitive primary for the chance to succeed a fellow California Democrat, Senator Dianne Feinstein, has long been vilified by the G.O.P. Earlier this year, Speaker Kevin McCarthy unilaterally removed him from the Intelligence Committee.Ms. Luna, who first filed a resolution to fine and censure Mr. Schiff, rewrote her measure to say that the House Ethics Committee should impose the $16 million penalty if it determined that Mr. Schiff had “lied, made misrepresentations and abused sensitive information.” The move was geared toward allaying concerns about the resolution among Republicans, but it did not appear to have succeeded.“The Constitution says the House may make its own rules but we can’t violate other (later) provisions of the Constitution,” Representative Thomas Massie, Republican of Kentucky, wrote on Twitter, arguing that the resolution violated amendments governing excessive fines and changes to congressional pay.What’s NextMr. Schiff has been using the censure resolution to raise funds for his Senate campaign, beseeching supporters to chip in money to help him cover a fine that has little chance of being levied.It was unclear whether Ms. Luna’s effort was the start of a trend. This month, Representative Matt Gaetz, Republican of Florida, filed a resolution to censure Representative Bennie Thompson, Democrat of Mississippi, accusing him of improperly sharing records with the Biden administration while running the committee that investigated the Jan. 6 attack on the Capitol, and the events leading up to it. More

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    Ecuador’s President Dissolves Congress Amid Impeachment Trial

    President Guillermo Lasso disbanded the National Assembly as the opposition-led body was trying to oust him on embezzlement charges.President Guillermo Lasso of Ecuador disbanded the country’s opposition-led National Assembly on Wednesday, a drastic move as the right-leaning leader faced impeachment proceedings over accusations of embezzlement.The constitutional measure, never before used, allows the president to rule by decree until new elections can be held, marking a moment of extraordinary political turbulence for a country of 18 million already in turmoil.Ecuador has long been a relative haven in the region, but in recent years it has been convulsed by rising violence and a skyrocketing homicide rate as increasingly powerful narco-trafficking groups fight for territory.Opposition lawmakers accused Mr. Lasso of turning a blind eye to irregularities and embezzlement in a contract between a state-run shipping company and an oil tanker company that wasn’t delivering on its promises — allegations first made in news reports. The country’s constitutional court later approved a charge of embezzlement against the president but denied two charges of bribery.The charge was being investigated by congress and is political in nature. It is not a criminal charge.Last week, the National Assembly voted to begin impeachment hearings, but all proceedings were permanently halted once Mr. Lasso dissolved congress.The president has repeatedly denied the charges, pointing out that the contract was signed before he took office.“The prosecutors of this trial have acknowledged that they have nothing,” Mr. Lasso said on Tuesday during the impeachment proceeding. “This inquiry is political.”He added, “This is not about saving a presidency, but about preserving a functioning democracy.”This was the second time the opposition had tried to remove Mr. Lasso from the presidency since he took office in 2021.He has faced growing criticism and petitions for his removal from civil society groups in the face of soaring rates of crime, extortion, kidnappings and robberies. Gangs battle for control of drug routes and have gained greater control over the country’s prisons, leading to several prison riots and massacres over the last three years.For weeks, the president and congress were locked in a game of brinkmanship, with legislators threatening to impeach and remove Mr. Lasso as he threatened to dissolve congress and call new elections — a move known in Ecuador as muerte cruzada, or mutually assured death.The mechanism was written into the Constitution in 2008 as a tool to end deadlocks between the presidency and the legislature. But until now, no president had ever enacted it.With Mr. Lasso’s approval ratings plummeting, in some cases below 20 percent, he will govern by decree until new elections are held. The Constitution gives the national election body seven days to set a date for a presidential and legislative vote. The newly elected president and National Assembly would then govern until the end of the original term, 2025.The disbanding of congress provides temporary stability for the country, said Arianna Tanca, an Ecuadorean political scientist, allowing Mr. Lasso to pass laws without a deadlock and giving political parties the chance for a “reset.”But it also threatens to undercut the country’s democracy. A head of government calling for new elections is common in parliamentary democracies, but has no parallel in other presidential democracies in Latin America, said Mauricio Alarcón Salvador, the director of Transparency International’s chapter in Ecuador.“To see a president shut down the assembly and assume legislative power in a transitory manner is, undoubtedly, a blow to democracy,” he said, “and, above all, to the system of checks and balances that should be in force in any democracy in the world.”Mr. Lasso’s decision comes amid upheaval in the region. In December, Peru’s president attempted to dissolve congress — in this case an illegal move that led to his removal and arrest, and then to widespread protests that left dozens of people dead.In January, supporters of former President Jair Bolsonaro of Brazil stormed government buildings in the capital, arguing that November’s election, in which he was defeated, had been rigged.Will Freeman, a fellow for Latin America studies at the Council on Foreign Relations, said that Mr. Lasso’s decision to go around legislators could — possibly — be good for him.“Even though he is very unpopular now, I could see six months of rule by decree actually boosting his popularity if he can do something quickly about the twin crises of crime, and hunger and poverty,” he said. “Although, given his track record, that’s a big if.”Some human rights activists said they worry that Mr. Lasso’s power to govern by decree could open the door for serious rights violations, like using terrorism laws to target Indigenous organizations and other groups that might oppose him.“The executive branch governing by decree could continue to exacerbate and favor the interests of the banks, the oil mining companies and certain privileged sectors, to the detriment of the rights of the majorities,” said Lina María Espinosa, a human rights lawyer.Mr. Lasso’s first act on Wednesday under his new powers was a tax cut for businesses and middle-class Ecuadoreans, a move that was welcomed by María Paz Jervis, the president of the Chambers of Industries and Production, a business group.While the dissolution of the legislature could lead to unrest and hurt the economy, Ms. Jervis said new elections were a positive development for a country that needed economic growth, to fight poverty and to produce more jobs.“After this weariness, after this burden that we have felt with this political class, we believe that it is the moment to inaugurate a new politics in Ecuador,” she said.José María León Cabrera More

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    This Is What Happened When the Authorities Put Trump Under a Microscope

    In retrospect, the Mueller report was a cry for help.“The Office,” as the special counsel so self-effacingly called itself in its report, knew its limits, or at least chose them. It could not indict a sitting president. It was generous with the benefit of the doubt when evaluating a potential “obstructive act” or gauging criminal intent by President Donald Trump. It considered mitigating, and sometimes dubious, explanations for his behavior, and was as restrained in interpreting the president’s misdeeds as it was zealous in listing them.Its conclusion on whether Trump obstructed justice became a Washington classic of needle-threading ambiguity: “While this report does not conclude that the President committed a crime, it also does not exonerate him.” The Office declined to call Trump a criminal, however much it might have wanted to.Instead, scattered throughout its 448 pages, the Mueller report includes some not-so-subtle instructions and warnings that future investigators, less inhibited, could heed when facing fresh misdeeds.The two highest-profile congressional investigations of Trump that followed — the 2019 report by the House Intelligence Committee on Trump’s pressuring of Ukraine as well as the recently released report by the select committee on the Jan. 6 attack — read like deliberate contrasts to the document produced by Robert Mueller and his team. Their presentation is dramatic, not dense; their conclusions are blunt, not oblique; their arguments are political as much as legal. And yet, the Ukraine and Jan. 6 reports seem to follow the cues, explicit or implied, that the Mueller report left behind.Read together, these three major investigations of the Trump presidency appear in conversation with one another, ever more detailed drafts of a most unorthodox historical record — a history in which these documents are characters as much as chroniclers.The documents try to explain the former president, and they also strain to contain him. The Mueller report inspects the guardrails that Trump bent and sometimes broke. The Ukraine report lays out the case that led to his first impeachment. The Jan. 6 report now declares him “unfit” to return to the nation’s highest office — the very office Trump is again pursuing — or to any office below it.The effect is cumulative. While the Mueller report evaluates Trump’s behavior as a series of individual, unrelated actions, it knows better, stating near the end that the president’s “pattern of conduct as a whole” was vital to grasping his intentions. The Ukraine and Jan. 6 reports took up that task, establishing links among Trump’s varied transgressions.While the Mueller report wonders whether Trump and his advisers committed certain acts “willfully” — that is, “with general knowledge of the illegality of their conduct” — the investigations into his strong-arming of Ukraine and the Capitol assault seek to show that Trump knew that his actions violated the law and that his statements ran counter to the truth.And while the Mueller report grudgingly posits that some of the president’s questionable actions might have been taken with the public, rather than the private, interest in mind, the Ukraine and Jan. 6 reports contend that with Trump, the distinction between public and private always collapsed in favor of the latter.The Mueller report would not declare that the president deserved impeachment or had committed crimes, but it didn’t mind if someone else reached those conclusions. It states plainly that accusing Trump of a crime could “pre-empt constitutional processes for addressing presidential misconduct,” that is, the constitutional process of impeachment, which the Ukraine investigation would soon deliver.The Mueller report also notes in its final pages that “only a successor Administration would be able to prosecute a former President,” which is what the Jan. 6 special committee, with its multiple criminal referrals, has urged the Biden administration’s Justice Department to do.The Ukraine and Jan. 6 reports did their best to answer Mueller’s call.ALL THREE REPORTS INCLUDE quintessentially Trumpian scenes, consistent in their depictions of the former president’s methods, and very much in keeping with numerous journalistic accounts of how he sought to manipulate people, rules and institutions.When the Jan. 6 report shows Trump haranguing Mike Pence, telling the vice president that Pence would be known as a “patriot” if Pence helped overturn the 2020 election, it’s hard not to recall the scene in the Mueller report when the president tells Jeff Sessions that the attorney general would go down as a “hero” if he reversed his recusal from the Russia investigation.All three reports show Trump deploying the mechanisms of government for political gain. Less than four months into his term, Trump relies on a Department of Justice memo as cover to fire the F.B.I. director; he uses the Office of Management and Budget to delay the disbursal of military aid to Ukraine in 2019; and he attempts to use fake state electoral certificates to upend the results of the 2020 vote.Perhaps no moment is more believable than the Ukraine report’s description of Trump’s April 2019 conversation with the newly elected Ukrainian president, Volodymyr Zelensky, when Trump makes a point of mentioning that Ukraine is “always very well represented” in the Miss Universe pageants.Still, each investigation offers a slightly different theory of Trump. In the Mueller report, Trump and his aides come across as the gang that can’t cheat straight — too haphazard to effectively coordinate with a foreign government, too ignorant of campaign finance laws to purposely violate them, often comically naïve about the gravity of their plight. When Michael Flynn resigns from the White House after admitting to lying about his contacts with Russian officials, Trump consoles him with the assurance, “We’ll give you a good recommendation,” as if Flynn were a departing mailroom intern rather than a disgraced ex-national security adviser.When the Trump campaign tried to conceal details surrounding its infamous Trump Tower meeting with a Russian lawyer in June 2016, the Mueller report suggests that the effort “may reflect an intention to avoid political consequences rather than any prior knowledge of illegality,” that is, that the Trump team might have felt just shame, not guilt.The Mueller report rebuts the Trumpian notion that the president can employ his legitimate authority regardless of the illegitimacy of his purpose. “An improper motive can render an actor’s conduct criminal even when the conduct would otherwise be lawful and within the actor’s authority,” the report states, in the patient tone of a parent explaining household rules to a child. But even in the damning sections on Trump’s potential obstruction of justice (in which “the Office” all but states that it would have charged Trump if it could have), the report theorizes that the president may have been attacking the inquiries against him out of concern that they hindered his ability to govern, not because he was hiding some nefarious activity.The Ukraine report, by contrast, regards Trump as more strategic than chaotic, and it does not wallow in the netherworld between the president’s personal benefit and his public service. “The President placed his own personal and political interests above the national interests of the United States, sought to undermine the integrity of the U.S. presidential election process, and endangered U.S. national security,” Representative Adam Schiff declares in the report’s preface.The three investigations tell different stories, but the misdeeds all run together, more overlapping than sequential. The president’s effort to squeeze Zelensky’s government into investigating the Biden family (ironically, under the guise of Trump’s anti-corruption concerns) was an attempt to manipulate the 2020 election, while his desire for Ukraine to investigate its own supposed U.S. election interference (on behalf of the Democrats, naturally) was part of Trump’s ongoing battle to defend the glorious memory of his 2016 victory. “We were struck by the fact that the President’s misconduct was not an isolated occurrence, nor was it the product of a naïve president,” Schiff writes. Indeed, several weeks before Trump’s famous phone conversation with Zelensky on July 25, 2019, Trump had already ordered a hold on hundreds of millions of dollars in military aid to Ukraine, which it would dangle as leverage. And the purely political nature of the enterprise was made plain when the report notes that Trump did not care if Ukraine in fact conducted any investigations. It simply had to announce them.The Mueller report argues that “Viewing the [president’s] acts collectively can help to illuminate their significance.” The Ukraine report shows that the conversation that Trump described as “a perfect call” was not the ask; it was the confirmation. When Trump said, “I would like you to do us a favor, though,” Zelensky and his aides had already been notified what was coming. The Ukraine scandal was never about a single call, just like the Jan. 6 report was not about a single day.The Jan. 6 report is the most dramatic — and certainly the most readable — of the three documents. It is vaguely journalistic in style, even adopting the narrative convention of turning memorable quotes into chapter titles, like “I Just Want to Find 11,780 Votes” and “Be There, Will Be Wild!” (Contrast this with the Mueller report’s “Background Legal and Evidentiary Principles” or “Legal Defenses to the Application of Obstruction-of-Justice Statutes to the President,” among its other sexy teasers.) At times, the Jan. 6 report applies too much writerly gloss. When it points out that Trump and his campaign used bogus claims of election fraud after the 2020 vote to raise more than $250 million from supporters, the report says that the Big Lie enabled “the Big Rip-off.” I’m sure someone was proud of that wording, but in this case it is more than enough just to state the facts.The Jan. 6 report takes seriously the admonition to view the president’s actions collectively, not individually; the phrase “multipart plan” appears throughout the report, with Trump as the architect. Several observers of the Trump era have described how the president learned to maneuver his way through the executive branch and grew bolder in his abuses of it; in the Jan. 6 report, that transition is complete. No longer the bumbling, reactive and instinctual occupant of the Oval Office, here Trump is fully in charge — purposely spreading false information about election fraud, pressuring Pence to refuse to certify the Electoral College count, leaning on state and local electoral officials to change the vote totals, summoning tens of thousands of supporters to Washington on Jan. 6, 2021, and urging them to march to the Capitol, then standing by for hours as the violent attack was underway. “The central cause of Jan. 6 was one man, former President Donald Trump, whom many others followed,” the report concludes.Trump told America that he alone could fix it; the Jan. 6 report tells us that he alone could break it.Even more so than the Ukraine report, the Jan. 6 report repeatedly emphasizes how Trump knew, well, everything. “Donald Trump’s own campaign officials told him early on that his claims of fraud were false,” Liz Cheney, the committee vice chair, writes in her introduction. “Donald Trump’s senior Justice Department officials — each appointed by Donald Trump himself — investigated the allegations and told him repeatedly that his fraud claims were false. Donald Trump’s White House lawyers also told him his fraud claims were false.”There is no room here for the plausible deniability that the Mueller report entertained, for the notion that Trump didn’t know better, or that, in the immortal words of Attorney General William P. Barr when he creatively interpreted the Mueller report to exonerate Trump of obstruction of justice, that the president was “frustrated and angered by his sincere belief that the investigation was undermining his presidency.”This alleged sincerity underscored the president’s “noncorrupt motives,” as Barr put it. In the Jan. 6 report, any case for Trumpian sincerity is eviscerated in a six-page chart in the executive summary, which catalogs the many times the president was informed of the facts of the election yet continued to lie about them. “Just say the election was corrupt and leave the rest to me and the Republican congressmen,” Trump told top Department of Justice officials in late December 2020, the report says.Just announce an investigation into the Bidens. Just say the 2020 election was rigged. Trump’s most corrupt action is always the corruption of reality.The Jan. 6 report devotes a chapter to explaining how the president purposely mustered a mob to Washington, how his “will be wild!” call-out on social media united rival extremist groups in a common cause, and how he urged his supporters to march on the Capitol and “fight like hell” to obstruct the affirmation of a legitimate vote.Two days before his speech, Trump had already floated the idea to advisers that he would join the protesters at the Capitol, and he even briefly considered deploying 10,000 members of the National Guard “to protect him and his supporters from any supposed threats by left-wing counterprotesters,” the report states.This is among the most remarkable moments in the Jan. 6 chronicle. Rather than worry about violence against lawmakers and the Capitol itself, Trump was focused on protecting his supporters. They interpreted the president’s call to join him in Washington that day as a command to save their country, violently if necessary, and they stood down only when he issued a video instructing them to do so. The Jan. 6 report, in a dramatic but not inaccurate flourish, affirms that, during the assault on the Capitol, Trump “was not only the commander in chief of the U.S. military, but also of the rioters.”On that day, he chose to lead the rioters. Jan. 6 was the closest Trump would get to holding that military parade he so longed to see in Washington. Instead of parading in front of the Capitol, his troops marched against it.AFTER MAKING THE CASE that Trump incited the assault, the Jan. 6 report expresses shock at how little Trump did to stop it, an act of omission it labels a “dereliction of duty.” Yet, by the report’s own logic, why would Trump have stopped the insurrectionists? “President Trump had summoned a mob, including armed extremists and conspiracy theorists, to Washington, D.C. on the day the joint session of Congress was to meet,” the report states. “He then told that same mob to march on the U.S. Capitol and ‘fight.’ They clearly got the message.” (Some variation of the word “fight” appeared only twice in Trump’s prepared speech for his Jan. 6 speech, but the president would utter the word 20 times throughout his remarks, the report notes.) If the rioters were in fact doing his bidding, the president would have no reason to call them off once the mayhem began.That Trump would rile people up and then sit back and watch the outcome on television was the least surprising part of the day. It was how he spent his presidency. In calling out Trump’s failure to act, the Jan. 6 report was imagining that Trump, in that moment, might have become presidential at last, shocked by what his own actions wrought into being something other than himself. In its condemnation of Trump, the report still longed for his transformation. After so many pages, so much testimony, so much analysis, it still struggled to understand him.The challenges of interpreting and describing what another person was thinking, doing or intending at a particular moment — even a person as overanalyzed as Donald J. Trump — comes alive in one passage, or rather, one word, of the Jan. 6 report. The issue is not even the word itself, but the form in which it is rendered.The report cites the testimony of a White House aide, Cassidy Hutchinson, who explained how, on the morning of Jan. 6, the president was incensed that the presence of magnetometers (used to detect weapons) was inhibiting some armed supporters from entering the Ellipse, where the president was to deliver his speech.As always, Trump wanted a bigger crowd. Hutchinson said she heard him say something like, “I don’t F’ing care that they have weapons. They’re not here to hurt me. Take the F’ing mags away. Let my people in.”They’re not here to hurt me. Which word should one emphasize when uttering that sentence aloud? If it is the verb hurt,” the sentiment would be somewhat benign. They are not here to hurt me, the president might have meant, but to praise or cheer or support me. If the emphasis falls on “me,” however, the meaning is more sinister. They’re not here to hurt me, the implication would be, but to hurt someone else. That someone else could be Mike Pence, Nancy Pelosi, an officer of the Capitol Police or any of the lawmakers gathering to fulfill their duty and certify Joe Biden as president.So, which was it? The Jan. 6 report confuses matters by italicizing “me” in the document’s final chapter but leaving it unitalicized in the executive summary. The video of Hutchinson’s testimony shows her reciting the line quickly and neutrally, with perhaps a slight emphasis on “hurt” rather than “me.” (You can watch and listen for yourself.)Of course, the less ambiguous interpretation of Trump’s words is that either inflection — whether “hurt” or “me” — still means the president was unconcerned of anyone’s safety but his own. Perhaps “I don’t F’ing care” is the most relevant phrase.With a document surpassing 800 pages, it may seem too much to linger on the typeface of a single two-letter pronoun. But for accounts that can serve as both historical records and briefs for the prosecution, every word and every quote — every framing and every implication — is a choice that deserves scrutiny.The studious restraint of the Mueller report came in for much criticism once the special counsel failed to deliver a dagger to the heart of the Trump presidency and once the document was so easily miscast by interested parties. Even its copious redactions, justified by the opaque phrase “Harm to Ongoing Matter” appearing over a sea of blotted out text, seemed designed to frustrate. Yet, for all its diffidence, there is power in the document’s understated prose, in its methodical collection of evidence, in its unwillingness to overstep its bounds while investigating a president who knew few bounds himself.The Ukraine and Jan. 6 reports came at a time when Trump’s misconduct was better understood, when Mueller-like restraint was less in fashion, and when those attempting to hold the chief executive accountable grasped every tool at hand. For all their passion and bluntness, they encountered their own constraints, limits that are likely inherent to the form, to the challenge of recording on paper and by committee the impulses not just of a man but of an era with which he became synonymous.Expectations are heaped upon these reports, not only for what they might reveal, but for what those revelations might unleash, or what they might help repair. Such demands are excessive and probably counterproductive. It is hard enough to determine the true meaning of a lone word, to reconstruct a fleeting moment in history. It is harder still to reconstruct a nation’s political life, that other ongoing matter to which so much harm has been done.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Donald Trump Is Now Forever Disgraced

    On Monday, at the final public hearing of the House Jan. 6 committee, Representative Bennie Thompson said that any attempt to overturn the legitimate results of an American election, impede the peaceful transfer of power or foment an insurrection must never be allowed to happen again. To that end, Representative Jamie Raskin firmly announced that the committee was making four criminal referrals whose center, in each, was Donald Trump, the man who hatched a scheme that would, if successful, defraud Americans of their sacred right to have their vote count.These unprecedented referrals suggest that Mr. Trump, who as president took an oath to uphold the Constitution, not only violated that oath but also committed a series of specifically indictable crimes. One of these referrals — for the crime of inciting an insurrection — is the most stunning, the most unpredictable and the most crucial, for its implications and its remedy, which includes barring the former president from holding political office.In making these referrals, the committee was certainly considering the past as well. Representative Liz Cheney spoke movingly of her great-great-grandfather, Samuel Fletcher Cheney, who served in the Union’s 21st Regiment, Ohio Infantry, during the Civil War. After the war, he marched with his fellow soldiers in the Grand Review of the Armies, passing President Andrew Johnson in the reviewing stand. She might also have added that Johnson, the 17th president of the United States, would soon be impeached. Like Donald Trump. And like Donald Trump, he was acquitted.Johnson then returned to office, almost as if nothing had happened. That’s a cautionary tale.After Ulysses S. Grant won the election of 1868, Johnson went home to Tennessee, where he began to plot his comeback. Since he possessed a talent for uniting moderate and radical Republicans along with Democrats and former secessionists, many of whom either hated him or now wanted nothing more to do with him, it wouldn’t be easy. But it wasn’t illegal.He hadn’t tried to overturn the election of Grant. He hadn’t impeded the peaceful transfer of power. (But like Mr. Trump, he refused to attend his successor’s inauguration.) He had abused power, usurping the function of Congress, which has the right to determine the qualifications of its own members — all the more critical after a civil war in which 11 states had been in rebellion.As for inciting or aiding an insurrection, that was arguable. Though a staunch Unionist, in 1866 Johnson had stood by silently during the massacre in New Orleans that prevented a state convention from amending its Constitution to give Black men the vote. The mob included members of the New Orleans police department, which was largely composed of former rebels. They were supported by the mayor, a Confederate sympathizer, who had been jailed during the war as a traitor and elected even before he was pardoned.An 1867 congressional investigation into that tragedy reported that more than 35 people, the vast majority of them Black, had died, and roughly 145 people were wounded. It also found that the massacre would never have happened without Johnson’s tacit approval. The abolitionist Wendell Phillips predicted that “what New Orleans is today, Washington will be” — “ruled by the president and his mob.”In 1868, when he was finally impeached, the 10th article of impeachment accused Johnson of ridiculing Congress and setting aside its authority, and the 11th article involved his obstructing its laws. During the impeachment trial, when Representative John Bingham of Ohio argued for the president’s conviction, he reminded senators that “none are above the law; that no man lives for himself alone, ‘but each for all.’” With tears in his eyes, he concluded that “position, however high, patronage, however powerful, cannot be permitted to shelter crime to the peril of the Republic.”But since the Senate did not convict Andrew Johnson, there was no way to disqualify him from holding office. He may have abused power, ridiculed Congress, arrogated to himself a form of Reconstruction that enshrined white supremacy, but the arguable criminal charge (violating the Tenure of Office Act) did not stick — and even if it had, it was an impeachment tribunal, not a court of law, that had charged him.So a disgraced Johnson returned to Washington in 1875 as a senator from Tennessee. He did not believe he was disgraced. He believed he had done nothing wrong, and though he might have been a bit foul-mouthed, he wanted to know: Who wasn’t? Certainly no one had ever suggested a criminal referral. That is new. Until this week, nothing like it had happened. And the implications are far-reaching.“So we are to have Andrew Johnson back again,” the Washington journalist Mary Clemmer Ames wrote with some surprise. Not only did he return to the Senate (though he died only a few months after he was sworn in), by the 20th century, history resurrected Andrew Johnson. He would be seen just as he saw himself, the persecuted victim of vicious political enemies.Which brings us to the investigation into the Capitol riot and the Jan. 6 committee’s four referrals to the Department of Justice for obstruction of an official proceeding, conspiracy to defraud the United States, conspiracy to make a false statement and for inciting or assisting an insurrection or offering aid and comfort to its participants. The last is the most important. Violating 18 U.S.C. 2383, which derives from a law dating to the Civil War, carries the penalty that, if convicted, Donald Trump “shall be incapable of holding any office under the United States.”Here, at last, is an accountability that goes beyond what the impeachment managers, regardless of their brilliant arguments, were able to do in 2021. Here is the uncompromising statement that while an insurrection is an impeachable offense — Mr. Trump was after all impeached by the House of Representatives — it is also unequivocally and horribly a criminal act.This specific referral then holds out the hope that Mr. Trump will not be permitted to hold elective or appointed political office ever again. That was arguably the point of the impeachment: to make sure that his political career had ended.Now, whatever the Department of Justice decides to do and whatever the special counsel Jack Smith discovers or determines, the Jan. 6 committee has achieved what the impeachment of Mr. Trump could not: a series of referrals that caps an expansive and heart-rending investigation into the abuse of power, the obstruction of Congress and the aiding and abetting of a rebellion, condoned, if not designed, by an American president. That president will be remembered as lawless, indicted or not, and will be disgraced in perpetuity, as Andrew Johnson should have been.Brenda Wineapple is the author of “The Impeachers: The Trial of Andrew Johnson and the Dream of a Just Nation.” She is at work on a book about the Scopes trial.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Will the African National Congress Buy President Cyril Ramaphosa’s Alibi?

    A bizarre scandal threatens to topple President Cyril Ramaphosa of South Africa from leadership of the African National Congress, which begins its party conference on Friday. Will A.N.C. members buy his astonishing account?JOHANNESBURG — The story begins when a Sudanese businessman landed in the Johannesburg airport two days before Christmas 2019, according to his account, rolling a carry-on suitcase with $600,000 in cash. He said he had wanted to surprise his South African wife for her birthday, and buy a house.Instead, according to Cyril Ramaphosa, the president of South Africa, that cash somehow ended up stashed inside a sofa in the private residence of his game farm.This convoluted story — and whether it is at all credible — is the subject of a scandal that has riveted South Africa and threatened to unseat Mr. Ramaphosa from the presidency. On Friday, his party, the African National Congress, convenes its national conference, held every five years, where some 4,000 delegates will decide whether to elect Mr. Ramaphosa to a second term as their leader. Given the A.N.C.’s dominance of South African politics, the person elected party president has always become South Africa’s president.A protégé of Nelson Mandela, Mr. Ramaphosa, 70, rose to power five years ago carrying hopes that he could save the A.N.C., a once-vaunted liberation movement now facing a reckoning over rampant corruption and a failure to provide basic services.The president’s game farm, Phala Phala Wildlife, where a Sudanese businessman said that, practically on a whim, he bought 20 buffaloes for $580,000. Joao Silva/The New York TimesHis rhetoric about good governance and record as a businessman gave South Africans hope that he would clean house and help the A.N.C. focus on rescuing Africa’s most industrialized economy.But now, much of the country — including opposition lawmakers, political analysts and even some of the president’s allies — can’t help but wonder whether he simply represents the same old corruption of the ruling elite.“Unfortunately, now he’s got that cloud hanging over his head,” said Lindiwe Zulu, a senior A.N.C. official and member of the president’s cabinet who has been supportive of him. Referring to the scandal, she said, “People are going to be asking a question: ‘How on earth do you have something like that being a president?’”The scandal known as Farmgate erupted in June, after Arthur Fraser, South Africa’s former spy chief and a political opponent of Mr. Ramaphosa, filed a criminal complaint accusing him of failing to report to the police the theft of at least $4 million from the president’s farm.What to Know About Cyril Ramaphosa and ‘Farmgate’Card 1 of 3Who is Cyril Ramaphosa? More