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      What Can Biden Do?

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      The president’s strategic options for 2024. With President Biden having fallen behind Donald Trump in the early 2024 polls, Trump’s strategy seems fairly straightforward: more of the same. Trump will portray Biden as old, inflation as high, immigration as out of control and the nation as weak. All these arguments play into the concerns of many voters.But what might Biden do to improve his position over the next year? Today’s newsletter looks at four possibilities.1. The ‘anti-MAGA majority’Since Trump took office in 2017, the Republican Party has struggled nationally. In 2018, it lost control of the House. In 2020, Trump lost his re-election bid. In the 2022 midterms, Democrats did better than expected.Michael Podhorzer, a political analyst and a former A.F.L.-C.I.O. official, argues that this pattern stems from the emergence of “an anti-MAGA majority.” Americans under 30, for example, have been voting at higher rates since 2016, partly because of their opposition to Trump, Podhorzer notes. Other analysts have pointed to suburban voters who are turned off by Trump’s attacks on democracy. This pattern helps explain why Trump-endorsed candidates in swing states like Arizona, Michigan and Pennsylvania did so poorly in the 2022 midterms.Today, Trump is leading in most swing states, according to the latest Times/Siena College poll. Once the campaign picks up, though, Trump’s behavior will get more attention, partly because some of his criminal trials will likely have begun. In the Times poll, about 6 percent of voters in battleground states — enough to swing the result — said they would abandon their support for Trump if he were convicted on charges related to the Jan. 6 Capitol riot and sentenced to prison.2. The Roe factorAnother cause of Democrats’ recent election wins is the unpopularity of the Supreme Court’s 2022 decision overturning Roe v. Wade. That ruling has allowed Republicans to nearly ban abortion in many states, and most voters oppose those bans.I do think Democrats sometimes exaggerate the political impact of abortion. In 2022, many Democratic candidates tried to beat Republican incumbents by emphasizing the issue. In red states like Florida and Texas, the strategy generally failed — a sign that most Americans don’t vote based on only one issue.That said, in swing states like Michigan, the Republican Party’s extreme abortion position did apparently influence enough voters to decide some close elections last year. And Biden needs to win states like Michigan, not red states, to be re-elected.Perhaps Biden’s biggest advantage is that he could overtake Trump simply by winning back disaffected voters who normally support Democrats, as my colleague Nate Cohn explained in yesterday’s newsletter. Beyond abortion, a populist campaign — emphasizing the low taxes that many rich people pay — might also help Biden, given that many disaffected Democrats have modest incomes, Nate says.3. Issue weaknessesA pound of bacon costs an average of $7.08 in the U.S., 21 percent more than when Biden took office. The price of coffee beans has risen 33 percent. A gallon of gas is 72 percent more expensive. And because inflation affects everyone, it can damage the public mood more than almost anything else. (Yes, inflation has fallen sharply this year, but most prices have not fallen. Only their rate of increase has.)A president can’t do much to bring down prices in the short term, yet Biden has taken steps to reduce energy prices. He approved an enormous new oil project on federal land in Alaska, while enacting billions of dollars of subsidies for clean energy. He is pursuing the sort of all-of-the-above energy policy that many Americans favor.But he has been strangely unwilling to brag about the Alaska project, as Matthew Yglesias noted in a recent Substack newsletter. Biden seems more focused on avoiding criticism from climate activists than on winning over swing voters who can help re-elect arguably the most climate-friendly president ever.There is a similar dynamic on immigration. Undocumented migration to the U.S. surged after Biden took office, partly in response to his welcoming campaign rhetoric, and many Americans are unhappy about the surge. Although Biden has since taken steps to reduce the surge, he rarely emphasizes these popular steps. Again, he seems more focused on progressive activists than on swing voters.Immigration is indeed a problem for his campaign. In the Times poll, 53 percent of voters in battleground states said they trust Trump to do a better job on the issue, compared with 41 percent who trust Biden. When respondents were asked if they supported building a wall along the U.S.-Mexico border, 53 percent said yes.4. The age problemAnother major concern among voters is Biden’s age. He can’t make himself younger, but he could spend more time in public, demonstrating his energy and engagement. Instead, his staff has kept him cloistered and fed impressions that he isn’t up for the job, as Maureen Dowd, the Times Opinion columnist, has written: “There’s something poignant about watching a guy who used to delight in his Irish gift of gab be muzzled.”Of course, there is one other potential strategy for Democrats who are panicked about a second Trump presidency. Other Democrats could challenge Biden for the nomination. Time is running out, though. The deadlines for getting on the ballot in seven early primary states, including California and Florida, arrive this month.More on 2024“We’ll win in 2024 by putting our heads down”: The Biden campaign shrugged off the results of the Times/Siena College Poll.Some Democrats expressed anxiety about the poll. “No one is going to have a runaway election here,” said Senator Richard Blumenthal of Connecticut.Trump’s support has surged among Black men. Overall, about 20 percent of Black voters say they would back him over Biden.Biden is struggling with young voters and those concerned about the economy, Politico writes.Have a question about the Times poll? Ask it here and our reporters will answer.THE LATEST NEWSIsrael-Hamas WarIn Gaza City.Abed Khaled/Associated PressIsrael said its military had encircled Gaza City and was conducting a large attack above and below ground.Gaza is again in a blackout, and it is unclear where Israeli forces are fighting.A BBC journalist reported intense strikes and the main Palestinian news agency said Israel was conducting raids near hospitals.Israel accused Hamas of operating out of more hospitals. The World Health Organization said Gaza’s health care system had been struck more than 100 times.A photographer lost four of his five children in a strike. His surviving son, who is 1, was being treated in a crowded hospital corridor.Benjamin Netanyahu quickly suspended a minister who suggested dropping a nuclear bomb on Gaza.In the north, at its border with Lebanon, Israel is fighting with Hezbollah. See maps of the escalating clashes.American ResponseAntony Blinken, the secretary of state, made unannounced visits to the West Bank and Iraq. He is working to prevent wider war and to protect U.S. troops in the region.Some American officials are concerned Israeli settlers could use U.S. weapons to force Palestinians from land in the West Bank.PoliticsDonald Trump will take the witness stand today at his civil fraud trial in Manhattan.Brandon Presley, Elvis’s second cousin, is campaigning to become the first Democratic governor of Mississippi in over 20 years.InternationalA Russian strike on Ukrainian soldiers at a military awards ceremony was a war crime, Volodymyr Zelensky said.A top Haitian police official was grocery shopping when he recognized a fugitive linked to the president’s assassination. He summoned armed officers, who arrested the suspect.China is investing in manufacturing instead of real estate.A far-right candidate in Argentina needs the youth vote to win a runoff election. The fans of Taylor Swift and BTS stand in his way.Other Big StoriesJavier OrtizMatthew Callahan for The New York TimesU.S. troops who fought the Islamic State returned with shattering mental and physical problems that the military has struggled to understand.A.I. chatbots invent information at least 3 percent of the time, and some as much as 27 percent of the time, research from a start-up found.Tyson Foods recalled nearly 30,000 pounds of dinosaur-shaped chicken nuggets after people said they found small metal pieces in them.Some psychiatrists are prescribing weight-loss drugs like Ozempic to counteract weight gain from mental health drugs.OpinionsEric Adams’s hires have brought corruption and scandal to New York City, Mara Gay argues.Here are columns by David French on Speaker Mike Johnson and Nicholas Kristof on the West Bank.MORNING READSIllustration by Daniel Zvereff, Photo by NASASpace: The James Webb telescope has made stunning discoveries, including about the birth of planets like ours.English mysteries: Who killed the innkeeper with a sword in 1315?Climate change preparation: Hoboken, N.J., is building for a rainy day.Metropolitan Diary: Living out a Macy’s fantasy.Lives Lived: Helen Marcus was a late-blooming photographer whose evocative portraits of literary figures and film and television personalities graced book jackets and magazine covers for decades. She died at 97.SPORTSN.F.L.: The Cincinnati Bengals surged past their A.F.C. rivals the Buffalo Bills, 24-18, for their fourth straight win.N.B.A.: James Harden, traded to the L.A. Clippers last week, will make his debut tonight.U.S.C.: The Trojans fired their defensive coordinator, who oversaw a disappointing two-year stretch in Los Angeles.ARTS AND IDEAS At Sotheby’s.via Sotheby’s“Must-See TV”: Ahead of major auctions, teams at Sotheby’s and Christie’s prepare roving cameras and sophisticated lighting to broadcast the bidding to the world. It began as a way to do business during the pandemic lockdowns. Now, millions watch live online, riveted by how the one percent spends its money.“Twenty years ago, people thought you had to be the member of an elite club to walk through an auction house door,” said Adrien Meyer, one of Christie’s chief auctioneers. “Now you can see a sale sitting on your couch in your underpants.’’More on cultureMissy Elliott and Sheryl Crow are among the latest inductees to the Rock & Roll Hall of Fame.THE MORNING RECOMMENDS …Joe Lingeman for The New York Times. Food Stylist: Cyd Raftus McDowell.Bake this spiced cake for Election Day tomorrow.Embrace the morning light now that the days are shorter.Find the perfect winter boots. Here’s how.Take our news quiz.GAMESHere is today’s Spelling Bee. Yesterday’s pangrams were goodnight and hotdogging.And here are today’s Mini Crossword, Wordle, Sudoku and Connections.Thanks for spending part of your morning with The Times. See you tomorrow. — DavidSign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. More

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      Voters Aren’t Believing in Bidenomics

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      A new Times/Sienna poll shows the president behind in five of six key states. Voters cite his economic track record, indicators notwithstanding.President Biden’s poll numbers are sagging in key states, a new Times/Siena poll shows. Voters are especially dissatisfied with his track record on the economy.Doug Mills/The New York TimesEconomic perceptions are hurting Biden more than everThere was little good news for President Biden in the latest Times/Siena poll of 2024 battlegrounds, which found him trailing Donald Trump in five of six key states one year before voters head to the polls. (That’s despite Trump being nearly as unpopular and fighting multiple legal battles; he is taking the stand on Monday in one of them. And, on PredictIt, which is watched by political experts, Biden holds a six-point lead on Trump.)A glaring weakness for Biden remains the economy, despite signs that it’s doing well and efforts by the White House to promote its accomplishments. Experts say it’s still possible for the president to make a comeback — but when it comes to economic issues, that’s a tough task.Just 2 percent of voters said the economy was excellent, the poll found. Worryingly for Biden, that discontent is being reflected in demographics crucial to his re-election: 48 percent of Black voters in the Times/Siena poll rated the economy as poor, as did 59 percent of voters under 30. Zero respondents in that age group in Arizona, Nevada and Wisconsin rated the economy as excellent.Biden’s struggles are Trump’s gain. Likely voters trust the former president on the economy more than the current one by wide margins: 57 percent of those under 30 prefer Trump, as do 55 percent of Hispanics, 52 percent of women and a majority of people in every income bracket.Voters’ discontent comes despite numerous indicators that the economy is healthy, including a huge gain in third-quarter G.D.P. growth. And while Friday’s jobs data came in below expectations, the latest stats show that employers have been on a nearly three-year hiring spree.But inflation remains a sticking point. While the Fed isn’t likely to raise borrowing costs at its next rate-setting meeting in December, its policymakers haven’t closed the door to future hikes. (Some commentators have written that the studiously apolitical central bank could end up helping Trump get re-elected.)It’s unclear how Biden can turn around his fortunes. Multiple wars and global economic malaise are unlikely to stop weighing on the U.S. economy anytime soon. And voters appear to have soured on Biden himself, with an unnamed generic Democrat beating Trump by eight points.The poll prompted David Axelrod, the former Obama adviser, to openly muse about whether Biden should run for re-election. While conceding that it’s late for Democrats to change candidates, he wrote of Biden, “What he needs to decide is whether that is wise; whether it’s in HIS best interest or the country’s?”A reminder: The DealBook Summit is on Nov. 29. Guests will include Elon Musk, who this weekend announced the launch of Grok, the first chatbot from his start-up xAI, which will draw on data from the X social network. You can apply to attend here.HERE’S WHAT’S HAPPENING Here’s what to watch this week. Corporate earnings return to the fore after last week’s big gains for stocks and bonds. Wednesday will see results from the chip designer Arm and the media giants Disney and Warner Bros. Discovery; SoftBank, the Japanese tech investor, reports Thursday. Meanwhile, on Friday the University of Michigan will publish its latest consumer sentiment report, a key inflation signpost.Striking Hollywood actors weigh a new contract proposal by big studios. The SAG-AFTRA union said it had received a “last, best and final” offer that includes a substantial pay increase and more residual payments from streaming shows, The Times reports. South Korean stocks jump as short-selling is banned again. Stocks on the Kospi, Seoul’s biggest index, gained nearly 6 percent on Monday after the country reimposed a ban on betting against share prices to earn a profit. Critics said the eight-month prohibition, seemingly tied to elections next year, could deter overseas investors from buying Korean stocks.Berkshire Hathaway’s war chest reaches a record. Warren Buffett’s industrial conglomerate revealed in its latest earnings report that its cash balance now stands at $157 billion, giving the company ample financial ammunition for a big deal or more stock buybacks. But Berkshire also reported its first loss in a year as the paper value of stock holdings, including those in Apple, declined.Donors keep up pressure on universities over antisemitism The fight between Wall Street titans and universities over their handling of antisemitism on campus following last month’s Hamas attacks on Israel shows little sign of abating. The hedge fund manager Bill Ackman this weekend ramped up his criticism of Harvard, his alma mater, and donors continued to step back from the University of Pennsylvania.Ackman published an excoriating open letter to Harvard’s president, Claudine Gay. “Four weeks after the barbaric terrorist attacks of October 7th, I have lost confidence that you and the university will do what is required,” he wrote. Ackman said he had met with Harvard students and faculty last week, and wrote that “Jewish students are being bullied, physically intimidated, spat on” and assaulted.He called on the university to suspend those behind the abuse, even though the incidents have been referred to the police and the F.B.I.Gay has spoken out against the attacks and the abuse on campus. Last week, she appointed a group of advisers to determine how to counter antisemitism at Harvard. But Ackman sees these actions as insufficient. The university didn’t engage directly with Ackman’s latest criticism, referring instead to previous statements.Harvard’s diversity, equality and inclusion policy is also under scrutiny. Ackman pointed out that Harvard’s doesn’t explicitly include Jews, tapping into a growing argument on campuses and beyond. Adam Neufeld, a senior vice president at the Anti-Defamation League, told The Times last year that D.E.I. policies that don’t recognize Jews as a minority group reinforce the view that “Jews are not vulnerable.”Meanwhile, more donors are expressing their anger at Penn’s handling of antisemitism. They include Neuberger Berman’s Steve Eisman, a longtime benefactor, who told CNBC that he had asked that his family’s name be removed from a scholarship he had established at his alma mater. “I do not want my family’s name associated with the University of Pennsylvania, ever,” he said. The university newspaper reported that dozens more benefactors no longer want to be associated with the school.In related news: The authorities have opened a hate crime investigation after an Arab Muslim student was injured in a reported hit-and-run attack at Stanford; Israeli businesses are feeling the strain of the war.An epic new antitrust fight for GoogleGoogle is waging antitrust fights on many fronts, including a battle against the Justice Department over its dominance of online search.On Monday, the tech giant will square off in a San Francisco courtroom to defend its app store strategy against a familiar face in Silicon Valley antitrust circles: Epic Games, the publisher of Fortnite.Epic argues that Google is unfairly forcing Android users into its Play Store, where it collects a cut from in-app subscriptions and purchases. Most developers generally pay a roughly 15 percent surcharge on such purchases, though big ones like Epic pay the maximum 30 percent.Google “is using its size to do evil upon competitors, innovators, customers and users in a slew of markets it has grown to monopolize,” Epic says in its complaint. (Google counters that “Epic wants all the benefits of Android and Google Play without having to pay for them.”)Witnesses are set to include Sundar Pichai, Google’s C.E.O., and Tim Sweeney, Epic’s chief.It’s a similar case to Epic’s unsuccessful fight with Apple — but with key differences. Google, unlike Apple, allows phone makers to include alternative app stores on their devices and users to download apps directly. And it is testing a program to let developers use other payment systems in their apps for a smaller fee.And unlike the Apple case, which was decided by a judge, the Google lawsuit will be heard by a jury, adding a greater level of unpredictability.Epic is hoping things go better this time. The 2021 trial over its Apple claims ended with the game maker losing on most of its accusations, a decision that a federal appeals court backed this year. Meanwhile, Google has also reached settlements over the app store issue with both a group of state attorneys general and the dating app developer Match Group.“Big Finance is the problem” As climate activists increase pressure on oil majors to halt new fossil-fuel exploration and rein in production, they’re increasingly looking to enlist support from another industry: Big Finance.But it is a thorny problem, writes Vivienne Walt for DealBook, given that large asset managers have roundly rejected resolutions from climate-activist shareholders this year. “Big Oil is not the problem. Big Finance is the problem,” Mark van Baal, founder of Follow This, a shareholder activist group, told DealBook. “They tell oil companies, ‘Please continue with oil and gas as long as possible. We have your back.’”Wall Street has rebuffed climate measures at a record clip. On Monday, Follow This released its annual tally of proxy climate votes. It showed the biggest U.S. asset management firms — including BlackRock, Vanguard, and Fidelity — siding with Big Oil on resolutions by activists that pushed the supermajors to commit to Paris accord emission reduction goals. The only (partial) support came from European investors including UBS and Allianz.It’s a sharp departure from a few years ago. Larry Fink, the C.E.O. of BlackRock, said in 2020 that climate change would be “the defining factor” in his firm’s investment decisions. A year later, BlackRock helped lead a board revolt at Exxon over what critics called a lackluster climate plan. This year, the world’s biggest asset manager rejected climate resolutions targeting the oil majors, including at Exxon. “Our role is not to replace the judgment of management and the board,” it said.The oil boom has been good business. With oil prices surging and a deal frenzy expected in the oil patch, Wall Street looks to reap billions in fees. It’s also backing new projects. Reclaim Finance, a French climate organization, notes that Citigroup and Bank of America funded tens of billions worth of oil exploration after they joined the U.N.-created Net Zero Banking Alliance in 2021. “We want them to stop giving new capital,” said Agathe Masson, the group’s stewardship campaigner in Paris.Lobbying continues behind the scenes. The Rev. Kirsten Spalding, vice president of the investor network for Ceres, a Boston-based climate organization, said financial firms are still being tough on Big Oil. “I’m hearing a lot about capital expenditure: How much are they moving into climate solutions? How are they accounting for emissions?” she said. THE SPEED READ DealsTelecom Italia agreed to sell its landline telephone network to KKR for $23.6 billion, a deal that may draw a legal challenge by the Italian company’s biggest shareholder, Vivendi. (Bloomberg)Saudi Arabia reportedly could buy a $5 billion stake in the Indian Premier League cricket competition at a $30 billion valuation. (Bloomberg)LVMH said it will buy the Los Angeles-based eyewear maker Barton Perreira, reportedly for about $80 million. (WSJ)PolicyWill the Treasury Department’s decision to increase the size of longer-term debt by less than expected prove a turning point for markets? (WSJ)“More Semiconductors, Less Housing: China’s New Economic Plan” (NYT)Best of the rest“The New Headache for Bosses: Employees Aren’t Quitting” (WSJ)How corporate America is adjusting to a world of higher rates after years of piling up on cheap debt. (FT)We’d like your feedback! Please email thoughts and suggestions to dealbook@nytimes.com. More

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      Trump Now Leads Biden

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      An analysis of a new set of New York Times / Siena College polls. When Joe Biden ran for president four years ago, he ran as the electability candidate — a broadly appealing, moderate Democrat from Scranton, Pa., who could defeat Donald Trump.There aren’t many signs of his old electoral strength in a new set of New York Times/Siena College polls of the six states likely to decide the presidency. Trump leads Biden in five of the six states — Pennsylvania, Arizona, Georgia, Nevada and Michigan — which would likely be enough to give him the 270 electoral votes needed to win. Biden leads in the sixth state, Wisconsin.Trump leads by at least four percentage points in each of the other five states:New York Times/Siena College pollsThe striking results seem to be more a reflection of Biden’s weakness than Trump’s strength. Trump is just as unpopular as he was when he lost the election three years ago, if not slightly more so.Instead, the change is the public’s view of Biden. During his time in office, attitudes toward him have turned decidedly negative. In the last election, voters judged him to be more likable than Trump, to have a better temperament and to have a more appealing personality. Those advantages have largely disappeared.Instead, voters say they are concerned about Biden’s handling of the economy and about his age. More than 70 percent of registered voters in the battlegrounds agree with the statement that Biden is “just too old to be an effective president,” up from around 30 percent in the run-up to the last election.Biden appears to be especially weak among young, Black and Hispanic voters. In a major departure from recent electoral trends, he and Trump are essentially tied among 18-to-29-year-old voters, even though young voters have tended to back Democrats by a wide margin in recent cycles.Among Black voters, more than 90 percent of whom usually back Democrats, Biden leads only 71-22. He holds only 50 percent of Hispanic voters across the battlegrounds, down from more than 60 percent in the last cycle.A year to goWith one year to go until the election, there’s still plenty of time for the race to change. In contrast with four years ago, the poll finds a disengaged, disaffected and dissatisfied electorate, setting the stage for a potentially volatile campaign. And historically, incumbent presidents have trailed at this stage of the race, only to rally their former supporters once the campaign is underway.If there’s good news for Biden, it’s that his path to re-election runs through traditionally Democratic constituencies, like young, Black and Hispanic voters. The poll suggests that these voters remain open to supporting a Democrat against Trump. It’s still possible that a polarizing campaign — focused on issues like abortion and democracy, which divide the electorate along familiar and favorable lines for Biden — will allow him to reassemble and re-energize the coalition of voters who brought him to the White House.Nonetheless, the poll suggests that Biden’s path will be challenging. Nearly half of registered voters (49 percent) in the battleground states say there’s “almost no chance” they’ll support him, an indication of the depth of their dissatisfaction.At this early stage, I’m not sure how seriously to take traditionally Democratic-leaning voters who say there’s “almost no chance” they’ll back Mr. Biden. As the race gets going, attitudes might change quickly. But one year out, Biden faces big challenges to his re-election.For more: If you’re interested in a deeper look, you can read my full analysis — including the potentially decisive role of voters who say they would vote for Kamala Harris, but not Biden. And here is my colleague Shane Goldmacher’s news article on the polls.NEWSIsrael-Hamas WarIn the West Bank.Jonathan Ernst/ReutersAntony Blinken, the secretary of state, made an unannounced visit to the West Bank to meet with the president of the Palestinian Authority, Mahmoud Abbas.Thousands of demonstrators in Tel Aviv called on the Israeli government to do more to rescue hostages in Gaza.Israel used at least two 2,000-pound bombs — the second-largest in its arsenal — in its airstrikes on Jabaliya, according to experts and Times analysis.A Biden administration official accused Hamas of delaying efforts to get foreign nationals out of Gaza by trying to put its wounded fighters on departure lists.Wrecked buildings and long lines of infantry: A Times reporter was among a small group of journalists who accompanied Israeli military leaders into northern Gaza.Politics“Like winning the lottery”: Conservative Christians are celebrating the unexpected rise of Mike Johnson, the House speaker.The F.B.I. is investigating whether Eric Adams, New York City’s mayor, received disguised foreign campaign contributions.InternationalUkrainians are becoming increasingly pessimistic about a quick victory, polls say.A campaign to legalize divorce in the Philippines argues that it’s an issue of basic human rights.Nuns tackled and gave chase to climate protesters in France, in an escalation of a long-running clash over a proposed megachurch.Other Big StoriesA special delivery.Callaghan O’Hare for The New York TimesA decade after it began talking about deliveries by drone, Amazon is finally making some. Customers are underwhelmed.The actors’ union said it was reviewing a final offer by Hollywood studios to resolve a monthslong strike.Workers in San Francisco have almost finished installing more than three miles of steel netting along the Golden Gate Bridge. Officials call it a “suicide deterrent system.”FROM OPINIONGov. Glenn Youngkin’s brand of conservatism in Virginia has an optimism that other Republicans lack, Michelle Cottle writes.The U.S. needs open communication with Russia and China to prevent another nuclear arms race, The Times’s editorial board writes.Here’s a column by Ross Douthat on liberal academia.The Sunday question: Could regulation have prevented Sam Bankman-Fried’s fraud?The former crypto billionaire’s conviction is a cautionary tale that shows “regulation is better than criminal law at preventing harm,” Bloomberg’s Noah Feldman writes. But while regulation might have stopped Bankman-Fried from embezzling funds, it can’t “prevent someone who believes they’re uncatchable from doing wrong,” Ana Paula Pereira writes for Cointelegraph.MORNING READSIn the Shetland Islands.Andrew Testa for The New York TimesWool week: Every year, knitters from around the world descend on a far-flung Scottish archipelago.Fall back: Many Americans bemoan the end of daylight saving time. Meet the ones who love it.Vows: As they supported each other through health crises, their relationship — and a “love plant” — flourished.Lives Lived: David Kirke was a flamboyant thrill-seeker who performed what is widely acknowledged as the first modern bungee jump. He died at 78. TALK | FROM THE TIMES MAGAZINECal Newport Mamadi Doumbouya for The New York TimesBack in January, I spoke with the computer scientist, podcaster and author Cal Newport about why the digital workplace can be such a drag.When I mentioned to a few folks that I was talking to you and that you wrote about work and technology, every one of them said they had problems focusing in front of their computers. So for people who can’t help cycling through their open tabs every five minutes, what’s your biggest piece of advice?The critical mind-set shift is understanding that even minor context shifts are productivity poison. We used to multitask, and then research came out and said you can’t literally multitask. Your brain can’t have your inbox open next to the memo you’re writing while you’re also on the phone. So if you have to work on something that’s cognitively demanding, the rule has to be zero context shifts during that period.You’re working on a book about slow productivity. What is that?Traditional economic productivity largely requires people working toward a singular measurable output with a transparent process. None of that works in knowledge work. So we fell back to a proxy for productivity, which is visible activity. If I can see you doing work, it’s better than I can’t see you doing work. Slow productivity is all about identifying alternatives.Isn’t a large part of the reason that so many of us feel a need to look busy that our bosses require it?So the term “knowledge work” was coined in 1959 by Peter Drucker in “Landmarks of Tomorrow.” Drucker is saying that knowledge workers need to manage themselves. Managers just need to set them up to succeed. But then what do you manage? Visible activity as a proxy for productivity was the solution. But what’s tricky about it is that a manager can’t just change. We’re kind of in a mess that we can’t change on a dime.Read more of the interview here.More from the magazineFor people in Bilozerka, Ukraine, the ​Russian invasion began a cat-and-mouse game of collaboration and resistance.If childhood obesity is an “epidemic,” how far should doctors go to treat it? Should bariatric surgery be an option?Read the full issue.BOOKSMarguerite HigginsYuichi Ishizaki/Associated PressNot invited: In “Fierce Ambition,” Jennet Conant recounts how the superstar war reporter Marguerite Higgins worked hard, late and dirty to thrive in a world rigged against women.Our editors’ picks: “Mapping the Darkness,” about the turbulent history of sleep science, and eight other books.Times best sellers: “The Woman in Me,” Britney Spears’s memoir, takes the top spot in its debut week on the hardcover nonfiction list.THE MORNING RECOMMENDS …Open your curtains by tapping an app or talking to a smart speaker.Invest in a quality pen.See Southern California beyond the freeway.THE WEEK AHEADWhat to Watch ForThe New York City Marathon is today. Follow the race here.Donald Trump is expected to testify tomorrow in New York’s civil fraud case against him.China and the U.S. finish their weekend climate talks tomorrow.State and local U.S. elections are on Tuesday.What to Cook This WeekChristopher Testani for The New York Times. Food Stylist: Simon Andrews.In her Five Weeknight Dishes newsletter, Emily Weinstein suggests making meatballs, her go-to comfort food. Other ideas: one-pot chicken and rice with ginger and crisp gnocchi with brussels sprouts.NOW TIME TO PLAYHere is today’s Spelling Bee. Yesterday’s pangram was bookmobile.Can you put eight historical events — including the first known sundials, Mayan team sports and Morgan Freeman’s breakthrough role — in chronological order? Take this week’s Flashback quiz.And here are today’s Mini Crossword, Wordle, Sudoku and Connections.Thanks for spending part of your weekend with The Times.Sign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. 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      in Elections

      A Shift in Gerrymandering

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      The end of a Republican advantage. Republicans have been more successful than Democrats since 2010 at gerrymandering congressional districts to their advantage. But the Republican advantage may be about to fade because of a few court cases.In Alabama, the U.S. Supreme Court forced officials to redraw the map to add one majority Black (and therefore Democratic-leaning) district. In New York, Democrats are trying to redraw the map to flip several seats. In Florida, Georgia and Louisiana, other legal challenges could help Democrats.If everything goes Democrats’ way, roughly 10 House seats could become meaningfully easier to win. Next year, the party needs to net only five seats to reclaim the House. New York alone could switch six seats from leaning Republican to leaning Democrat.Not every court case is hurting Republicans. In North Carolina, a ruling from the state’s Supreme Court will allow Republican lawmakers to redraw the map to move several seats their way. In South Carolina, liberal groups have taken the state’s Republican gerrymander to the U.S. Supreme Court; but the court’s conservative majority appears likely to side with Republicans, based on oral arguments last week.Still, the overall picture looks promising for Democrats. “The House map is pretty equitable now, certainly more so than it was 10 years ago,” David Wasserman of the Cook Political Report told me. If the cases go in Democrats’ favor, he added, “it could make the House map even a little bit bluer on balance than a random map would be.”In 2022, Republicans won about 51 percent of the popular vote in House elections nationwide — and about 51 percent of House seats. (My colleague Nate Cohn broke down those results.)Swinging backIn some ways, the recent gerrymandering developments are the pendulum swinging back.States typically update congressional maps once a decade, after each U.S. census. In 2010, Republicans swept state elections just in time for the redrawing of maps. They took full advantage, drawing congressional districts in their favor.After the 2020 census, Republicans remained in power in more states than Democrats. But after the gerrymanders of the 2010s, Republicans could not do much more to skew the maps.Meanwhile, legal challenges from liberal groups diminished the Republican gerrymanders. Some states, like Michigan, embraced independent redistricting commissions that drew more balanced maps. Democrats also used their control of some state governments, including in Illinois and Oregon, to aggressively redraw maps.“Republicans are not the only ones who gerrymander,” Claire Wofford, a political scientist at the College of Charleston, told me.Of course, Democrats will still need to win elections next year. The balance of gerrymandering is likely to determine control of the House only if the national vote is close.What’s nextHere are three major stories to watch in coming months:New York: The case moving through the courts would likely affect six seats, the most in any current dispute. A lower court already ruled in Democrats’ favor, and the state’s highest court is set to hear the case in November. Republicans now hold 11 of the state’s 26 congressional seats. North Carolina: Republicans are set to redraw the map in the next month, and could flip three or four seats in their favor. Republicans currently hold seven of the state’s 14 congressional seats.Time: If Republicans stall legal challenges for long enough, the maps may not change before the 2024 election. “There is more potential upside for Democrats right now than for Republicans,” said Stephen Wolf, an elections writer at Daily Kos, “but there are too many unresolved court cases to say yet what will likely happen.”More on 2024Donald Trump has entered October with nearly as much campaign cash as the rest of the Republican field combined.Gov. Jim Justice of West Virginia, a debt-ridden coal magnate who has switched parties twice, is running for U.S. senate.Polls show few voters are aware of President Biden’s record on climate issues. One advocacy group plans to spend big to change that.ISRAEL-HAMAS WARThe LatestAn Israeli airstrike Sunday on Gaza City.Sergey Ponomarev for The New York TimesIsrael and Hamas denied agreeing to a humanitarian cease-fire, and Israel continued to strike Gaza overnight.Western diplomats are negotiating to get emergency aid into Gaza and foreigners out through Egypt.Many Gazans are evacuating south as Israel prepares to invade the enclave. Hospital workers in the north said they weren’t able to move patients.Israel said Hamas had abducted at least 199 people, more than initially thought.Fighting has continued on Israel’s northern border with Lebanon, and the U.S. is worried about a broader regional conflict. See maps of the fighting.Israelis are planning for a longer war despite having lost trust in their government and its intelligence services because of the Hamas attacks.International ResponsePresident Biden warned Israel not to reoccupy Gaza.A man in Chicago stabbed a 6-year-old boy to death because he was Muslim, the police said. The F.B.I. is tracking increased threats to Jewish and Muslim Americans.“Kidnapped”: In cities around the world, posters highlight the hostages abducted by Hamas.Many evangelical Christians are supporting Israel.Powerful donors, like Wall Street financiers, are pressuring U.S. schools to condemn student criticism of Israel.People upset about the attack by Hamas are leaving bad reviews on a Palestinian restaurant in Brooklyn.MORE NEWSPoliticsJim JordanKenny Holston/The New York TimesRepresentative Jim Jordan of Ohio is the current nominee for House speaker, but he’s short of the votes needed to be elected. Read what to expect in the speaker race this week.Donald Trump’s lawyers and federal prosecutors will argue today over whether a gag order should be imposed on him in a federal election case.Afghan EarthquakesTwo more powerful earthquakes struck northwestern Afghanistan, after recent quakes killed more than 1,000 people.Read about a man’s search for his son after the first of the tremors leveled his village.South American ElectionsA 35-year-old heir to a banana empire won Ecuador’s presidential election.The front-runner to be Argentina’s next president once called Pope Francis a “filthy leftist.” Some Argentines aren’t happy about it.More International NewsSatellite images suggest North Korea may be sending weapons to Russia, The Washington Post reports.Dariush Mehrjui, an Iranian film pioneer, and his wife were killed in their home near Tehran.BusinessThe pharmacy chain Rite Aid filed for bankruptcy as it deals with billions in debt and more than a thousand lawsuits over opioid prescriptions.Goodwill is figuring out e-commerce to compete with sites like Etsy’s Depop.Other Big StoriesThe new Nepal airport.Rebecca Conway for The New York TimesChina won an expensive contract to build an airport in Nepal, extending its regional influence. But the project left Nepal in debt.The Covid lab-leak theory has led to a lack of funding for studying dangerous pathogens, scientists say.Suzanne Somers, known for playing Chrissy Snow on the sitcom “Three’s Company,” died at 76.The American Museum of Natural History will remove human bones from public display. Some belonged to Indigenous and enslaved people.OpinionsMayor Eric Adams of New York has asked a court to suspend the city’s mandate to shelter migrants. But even when the migrant crisis fades, a housing crisis will remain, Mara Gay writes.The central cause of Gaza’s misery is Hamas, and Hamas deserve the blame for the deaths in this war, Bret Stephens writes.Here are columns by Nicholas Kristof on Gaza and Ross Douthat on Ukraine and Israel.MORNING READSJim Lorge and supporters. Todd Heisler/The New York Times“I want to be forgiven”: Inside a meeting of the Minnesota Board of Pardons, where supplicants have 10 minutes to make their case.The Piccirillis: How six stone-carving Italian brothers shaped the story of New York through sculpture.Waiting: With much of Hollywood on strike, many actors have slid back into restaurant work.Metropolitan Diary: Worst. Whale watch. Ever.Lives Lived: Rudy Perez was a pioneer of postmodern dance who challenged notions of what dance is, and isn’t, through minimalist choreography. He died at 93.SPORTSSunday Night Football: The Buffalo Bills narrowly defeated the New York Giants, 14-9. The Bills’ running back, Damien Harris, sustained a neck injury in the second quarter.Around the N.F.L.: The league’s two unbeaten teams both lost. The San Francisco 49ers missed a last-minute field goal in their 19-17 loss to the Cleveland Browns, and the Philadelphia Eagles were stifled by the New York Jets defense, losing 20-14. Here are takeaways from the weekend.M.L.B. playoffs: The Texas Rangers are still undefeated in the postseason after beating defending-champions the Houston Astros, 2-0, in Game 1 of the A.L.C.S.W.N.B.A. finals: The New York Liberty fended off the Las Vegas Aces, 87-73, in Game 3 of the league finals, forcing a Game 4.ARTS AND IDEASThe National Museum of Women in the Arts.Niki Charitable Art Foundation/ARS, NY, ADAGP, Paris; Photo by Lexey Swall for The New York TimesNew beginning: The National Museum of Women in the Arts in Washington, D.C., is set to reopen this week after a two-year, nearly $68 million renovation. The social context has shifted since the museum first opened in 1987, and women today are better represented in museums surveys and gallery shows. Is the museum, then, still relevant?“People in the art world always think we’re achieving parity faster than we are,” said Susan Fisher Sterling, the museum’s director since 2008. “We’re not even close to there.”More on cultureMadonna opened her global Celebration Tour — a spectacle of her hits across four decades — at a 20,000-capacity arena in London.“She understands her power”: Read a review from the critic Wesley Morris of Taylor Swift’s “Eras Tour” movie. (The Washington Post shows how much she has made from the tour.)THE MORNING RECOMMENDS …Kelly Marshall for The New York Times.Elevate a roasted vegetable salad with creamy coconut dressing.Wear cowboy boots without feeling like you’re in a costume.Bake on an inexpensive and durable baking sheet.Make smoothies in a blender that has been Wirecutter’s top pick for nearly a decade.Take our news quiz.GAMESHere is today’s Spelling Bee. Yesterday’s pangram was gravity.And here are today’s Mini Crossword, Wordle, Sudoku and Connections.Thanks for spending part of your morning with The Times. See you tomorrow. — GermanSign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. More

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      Why Biden and Trump Are Courting Striking Autoworkers

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      The president and his leading Republican rival are heading to Michigan to address members of the U.A.W., whose political clout is growing.The political stakes grow as the U.A.W. strike drags on.Brittany Greeson for The New York TimesBiden and Trump bid for blue collar votes In an extraordinary show of support, President Biden plans to join striking autoworkers on the picket line in Michigan on Tuesday. It comes a day before Donald Trump is expected to speak to union members in Detroit instead of participating in the second Republican primary debate.The competing visits come as the two home in on battleground states ahead of next year’s election. But their appearances also reveal a political battle to become the voice of blue collar workers at a time when both candidates are struggling to win over mainstream voters and even some within their own parties.Bidenomics is a conundrum for the president. Biden says he is “the most pro-union president in American history” and has overseen one of the biggest industrial policy shifts in decades through the Inflation Reduction Act, offering billions of dollars in subsidies to create new manufacturing jobs in a push to greenify the economy.But the president is getting little credit from voters. Approval ratings for his economic management are at career lows. And the I.R.A. is somewhat troublesome for him: It includes incentives for automakers to make more electric vehicles, which labor leaders say will depend on non-union jobs and require fewer workers.The United Automobile Workers union has held back from endorsing Biden. The group was an early supporter of his economic road map but broke with other big unions. “The EV transition is at serious risk of becoming a race to the bottom,” Shawn Fain, the U.A.W. president, wrote to members in May.Trump sees an opportunity to hammer Biden and the U.A.W. Trump, whose track record as a businessman and president often backed business over labor, will speak directly to workers, aiming to project himself as a protector of jobs. He has called the federal push for electric vehicles a “catastrophe for Michigan” that would cost American jobs, benefit China and raise prices for consumers.Fain has said Trump would be a “disaster” if re-elected. But the former president’s rhetoric and policies like rewriting trade agreements have appealed to some union members.Union votes could prove decisive in 2024. Trump won Michigan in 2016, but Biden took the state by more than 150,000 votes in 2020. In crucial swing states, even wooing a relatively small portion could be crucial. “In a strike situation, they’re all going out because they’re supporting their own economic interests,” said Alexander Colvin, the dean of Cornell University’s School of Industrial and Labor Relations. “That doesn’t mean they all think the same thing politically.”HERE’S WHAT’S HAPPENING The F.C.C. is reportedly set to reinstate net neutrality rules. The regulator will revive Obama-era limits on broadband providers’ ability to unfairly interfere with internet traffic, after Democrats finally gained a majority among its commissioners, according to Bloomberg. Companies including AT&T and Comcast are likely to push back, arguing that such rules would be a big burden.All eyes are on striking actors as screenwriters prepare for a vote on their labor deal. Leaders of the Writers Guild of America are to vote on their tentative pact with studios on Tuesday, with members set to weigh in soon. But there are few signs that an agreement with the SAG-AFTRA actors’ union is close, meaning that Hollywood will remain largely shut for now. Meanwhile, SAG-AFTRA members voted to authorize a strike against video game companies.Fossil fuel use needs to fall more quickly to contain global warming, the International Energy Agency says. Adoption of cleaner energy technologies like electric vehicles and solar is growing, but the use of fossil fuels must shrink faster to avoid a climate catastrophe, the agency said in its latest report. Some industry watchers said that the I.E.A. is still too optimistic about the decline in demand for oil and coal.Senator Bob Menendez says he won’t resign. The New Jersey Democrat, accused of taking bribes, said he’d fight the corruption charges leveled by federal prosecutors. He didn’t address questions about bars of gold found on his property, but asserted that the $550,000 in cash found stuffed around his home was merely part of an emergency fund.Growth concerns hit the bond market Alarm bells are ringing for markets on both sides of the Atlantic. Investors have again sold off their sovereign bond holdings, especially Treasury notes and German bunds, pushing yields to highs last seen in 2007 just before the housing crisis and in 2011 during the European debt crisis.Growth concerns appear to be the culprit. Global trade fell in July at its fastest pace since the summer of 2020, when the coronavirus pandemic snarled global markets. According to the newest World Trade Monitor report, the decline is the latest signal that global demand for goods is deteriorating, as inflation and high interest rates remain at multi-decade highs.Jamie Dimon added fuel to the pessimistic outlook. The C.E.O. of JPMorgan Chase warned of a kind of worst-case scenario in which the Fed is forced to keep raising its benchmark lending rate to combat inflation, further blunting growth. “I am not sure if the world is prepared for 7 percent,” he said in an interview with The Times of India, referring to the federal funds rate.Fed policymakers themselves don’t see such a scenario playing out. They released a forecast last week suggesting that one more interest rate increase was in the cards this year, and possibly two cuts next year, which would keep interest rates at around 5 percent by the end of 2024. But since the Fed meeting, the futures market has been pricing in higher policy rates for longer, and that’s adding volatility to the bond market.A potential U.S. government shutdown is also unnerving investors. The prospect that lawmakers will fail to reach a deal by Saturday’s deadline to fund the government is weighing on stocks, with U.S. futures in the red this morning. On Monday, Moody’s, the ratings agency, said a shutdown could lead it to downgrade the country’s credit rating — a warning that the White House seized upon in hopes of compelling the warring Republican factions to break their impasse on spending cuts.The good news: The uncertainty has put a lid on the oil rally, with Brent crude falling below $91 a barrel this morning, a two-week low.1.5 trillion — Gallons of water used in fracking by oil and gas companies in the U.S. since 2011. That’s equivalent to the amount of tap water used by the state of Texas each year, according to a Times investigation. The boom in fracking to meet growing energy demand poses a threat to the country’s aquifers, researchers say.ChatGPT, can you take on Alexa? Hours after Amazon announced a big bet on an artificial intelligence start-up — and days after it revealed plans to make its Alexa digital assistant smarter — one of the most prominent names in the A.I. race unveiled its plan to surpass those advancements.OpenAI said its ChatGPT chatbot can now listen to users’ spoken requests and respond vocally, among other new capabilities. It’s a reminder of how fast the race to advance A.I. is moving — and how high the stakes are.Voice is a more natural way of interacting with ChatGPT, according to OpenAI executives, who also said that their chatbot will feature voices that sound more natural than those of existing digital assistants. (The Times says that the voices sound better, but still come across as a little robotic.)OpenAI is adding other features to ChatGPT, including image recognition. One example that OpenAI demonstrated: Share an image of a bicycle with the chatbot and it will instruct the user how to lower the seat.Amazon seems aware of the risks of being outpaced by rivals. Unlike Alexa or Siri, which require users to ask specific commands, the latest version of ChatGPT is capable of more conversational interactions, including follow-up questions and clarifications. Wider adoption of that chatbot could risk Amazon losing its longtime dominance in the market for personal assistants.The Alexa announcement last week, in which Amazon said that it was incorporating the large language model technology into its assistant, is meant to address that eventuality — though ChatGPT’s new capability will be available sooner.With new capabilities come worries about new dangers. OpenAI executives said that they won’t let ChatGPT identify faces, though the software will be able to talk at length about other pictures it’s asked to analyze. There’s also the risk that greater use of ChatGPT will lead to potential mishaps involving the well-known A.I. weakness of inventing facts, known as hallucinating.And Amazon, perhaps leery of the well-publicized hitches that Microsoft and Google suffered in rolling out advanced A.I. features to the wider public, is making the new Alexa features available initially only to some users in the U.S.In other A.I. news: Meet the human workers training A.I. systems. Spotify says it won’t ban A.I.-produced music, but it will work with OpenAI to clone podcasters’ voices to produce versions of their shows in other languages. And New York Magazine asks whether Sam Altman, OpenAI’s C.E.O., is the Robert Oppenheimer of the digital age.THE SPEED READ DealsAmerican Airlines appealed a federal court ruling that blocked its planned alliance with JetBlue. (Reuters)Vista Equity Partners now oversees more than $100 billion in assets, reflecting investor interest in the big tech deals that are the firm’s stock in trade. (Axios)What’s at stake as Disney and Comcast prepare to negotiate over the value of the streaming service Hulu, which they jointly own. (FT)PolicyTesla is reportedly a focus of European regulators’ inquiry into state subsidies for electric vehicles made in China. (Bloomberg)The Commerce Department has hired veterans of Wall Street firms including Goldman Sachs and KKR to help run its semiconductor funding program. (Bloomberg)Best of the restSan Francisco residents say that their city is being unfairly pilloried as a decaying, crime-ridden metropolis. (NYT)Microsoft is looking to power its A.I. and cloud data centers with small nuclear reactors. (CNBC)How companies are pulling off four-day workweeks. (WSJ)“The End of Privacy is a Taylor Swift Fan TikTok Account Armed with Facial Recognition Tech” (404 Media)We’d like your feedback! Please email thoughts and suggestions to dealbook@nytimes.com. More

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      Is the Electoral College Becoming Fairer?

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      The Republican Party’s advantage is shrinking in the Electoral College. The Electoral College has been very kind to Republicans in the 21st century. George W. Bush won the presidency in 2000 despite losing the popular vote, and Donald Trump did the same in 2016.But over the past few years the Republican advantage in the Electoral College seems to have shrunk, as Nate Cohn, The Times’s chief political analyst, points out in his newsletter. Republicans are no longer faring significantly better in the states likely to decide the presidential election — like Michigan, Pennsylvania and Wisconsin — than they are nationwide. Instead, a 2024 race between Biden and Trump looks extremely close, with a tiny lead for Biden both nationally and in the swing states.A Shrinking Electoral Advance More

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      How Jack Smith Structured the Trump Election Indictment to Reduce Risks

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      The special counsel layered varied charges atop the same facts, while sidestepping a free-speech question by not charging incitement.In accusing former President Donald J. Trump of conspiring to subvert American democracy, the special counsel, Jack Smith, charged the same story three different ways. The charges are novel applications of criminal laws to unprecedented circumstances, heightening legal risks, but Mr. Smith’s tactic gives him multiple paths in obtaining and upholding a guilty verdict.“Especially in a case like this, you want to have multiple charges that are applicable or provable with the same evidence, so that if on appeal you lose one, you still have the conviction,” said Julie O’Sullivan, a Georgetown University law professor and former federal prosecutor.That structure in the indictment is only one of several strategic choices by Mr. Smith — including what facts and potential charges he chose to include or omit — that may foreshadow and shape how an eventual trial of Mr. Trump will play out.The four charges rely on three criminal statutes: a count of conspiring to defraud the government, another of conspiring to disenfranchise voters, and two counts related to corruptly obstructing a congressional proceeding. Applying each to Mr. Trump’s actions raises various complexities, according to a range of criminal law experts.At the same time, the indictment hints at how Mr. Smith is trying to sidestep legal pitfalls and potential defenses. He began with an unusual preamble that reads like an opening statement at trial, acknowledging that Mr. Trump had a right to challenge the election results in court and even to lie about them, but drawing a distinction with the defendant’s pursuit of “unlawful means of discounting legitimate votes and subverting the election results.”While the indictment is sprawling in laying out a case against Mr. Trump, it brings a selective lens on the multifaceted efforts by the former president and his associates to overturn the 2020 election.“The strength of the indictment is that it is very narrowly written,” said Ronald S. Sullivan Jr., a Harvard Law School professor and former public defender. “The government is not attempting to prove too much, but rather it went for low-hanging fruit.”For one, Mr. Smith said little about the violent events of Jan. 6, leaving out vast amounts of evidence in the report by a House committee that separately investigated the matter. He focused more on a brazen plan to recruit false slates of electors from swing states and a pressure campaign on Vice President Mike Pence to block the congressional certification of Joseph R. Biden Jr.’s victory.That choice dovetails with Mr. Smith’s decision not to charge Mr. Trump with inciting an insurrection or seditious conspiracy — potential charges the House committee recommended. By eschewing them, he avoided having the case focus on the inflammatory but occasionally ambiguous remarks Mr. Trump made to his supporters as they morphed into a mob, avoiding tough First Amendment objections that defense lawyers could raise.For another, while Mr. Smith described six of Mr. Trump’s associates as co-conspirators, none were charged. It remains unclear whether some of them will eventually be indicted if they do not cooperate, or whether he intends to target only Mr. Trump so the case will move faster.Mr. Smith chose to say very little about the violent events of Jan. 6 and instead focused on the scheme to recruit slates of fake electors and the pressure Mr. Trump brought upon Vice President Pence.Jason Andrew for The New York TimesAmong the charges Mr. Smith did bring against Mr. Trump, corrupt obstruction of an official proceeding is the most familiar in how it applies to the aftermath of the 2020 election. Already, hundreds of ordinary Jan. 6 rioters have been charged with it.To date, most judges in Jan. 6 cases, at the district court and appeals court level, have upheld the use of the statute. But a few Trump-appointed judges have favored a more narrow interpretation, like limiting the law to situations in which people destroyed evidence or sought a benefit more concrete than having their preferred candidate win an election.Mr. Trump, of course, would have personally benefited from staying in office, making that charge stronger against him than against the rioters. Still, a possible risk is if the Supreme Court soon takes up one of the rioter cases and then narrows the scope of the law in a way that would affect the case against Mr. Trump.Proving IntentSome commentators have argued in recent days that prosecutors must persuade the jury that Mr. Trump knew his voter fraud claims were false to prove corrupt intent. But that is oversimplified, several experts said.To be sure, experts broadly agree that Mr. Smith will have an easier time winning a conviction if jurors are persuaded that Mr. Trump knew he was lying about everything. To that end, the indictment details how he “was notified repeatedly that his claims were untrue” and “deliberately disregarded the truth.”“What you see in Trump — a guy who seems to inhabit his own fictional universe — is something you see in other fraud defendants,” said David Alan Sklansky, a Stanford University law professor. “It’s a common challenge in a fraud case to prove that at some level the defendant knew what he was telling people wasn’t true. The way you prove it is, in part, by showing that lots of people made clear to the defendant that what he was saying was baseless.”Moreover, the indictment emphasizes several episodes in which Mr. Trump had firsthand knowledge that his statements were false. Prosecutors can use those instances of demonstrably knowing lies to urge jurors to infer that Mr. Trump knew he was lying about everything else, too.The indictment, for example, recounts a taped call on Jan. 2 with Georgia’s secretary of state, Brad Raffensperger, in which Mr. Trump shared a series of conspiracy theories that he systematically debunked in detail. But on Twitter the next day, Mr. Trump “falsely claimed that the Georgia secretary of state had not addressed” the allegations.And on Jan. 5, Mr. Pence told Mr. Trump that he had no lawful authority to alter or delay the counting of Mr. Biden’s electoral votes, but “hours later” Mr. Trump issued a statement through his campaign saying the opposite: “The vice president and I are in total agreement that the vice president has the power to act.”Vice President Pence appears during House committee hearings investigating Jan. 6. The indictment suggests Mr. Trump knew he was lying about what Mr. Pence had told him on January 5.Doug Mills/The New York TimesIn any case, several rioters have already argued that they did not have “corrupt intent” because they sincerely believed the election had been stolen. That has not worked: Judges have said that corrupt intent can be shown by engaging in other unlawful actions like trespassing, assaulting the police and destroying property.“Belief that your actions are serving a greater good does not negate consciousness of wrongdoing,” Judge Royce C. Lamberth wrote last month.Mr. Trump, of course, did not rampage through the Capitol. But the indictment accuses him of committing other crimes — the fraud and voter disenfranchisement conspiracies — based on wrongful conduct. It cites Mr. Trump’s bid to use fake electors in violation of the Electoral Count Act and his solicitation of fraud at the Justice Department and in Georgia, where he pressured Mr. Raffensperger to help him “find” 11,780 votes, enough to overcome Mr. Biden’s margin of victory.“Whether he thinks he won or lost is relevant but not determinative,” said Paul Rosenzweig, a former prosecutor who worked on the independent counsel investigation into President Bill Clinton. “Trump could try to achieve vindicating his beliefs legally. The conspiracy is tied to the illegal means. So he has to say that he thought ‘finding’ 11,000 votes was legal, or that fake electors were legal. That is much harder to say with a straight face.”Proving Mr. Trump’s intent will also be key to the charges of defrauding the government and disenfranchising voters. But it may be easier because those laws do not have the heightened standard of “corrupt” intent as the obstruction statute does.Court rulings interpreting the statute that criminalizes defrauding the United States, for example, have established that evidence of deception or dishonesty is sufficient. In a 1924 Supreme Court ruling, Chief Justice William H. Taft wrote that it covers interference with a government function “by deceit, craft or trickery, or at least by means that are dishonest.” A 1989 appeals courts ruling said the dishonest actions need not be crimes in and of themselves.This factor may help explain the indictment’s emphasis on the fake electors schemes in one state after another, a repetitive narrative that risks dullness: It would be hard to credibly argue that Mr. Trump and his co-conspirators thought the fake slates they submitted were real, and the indictment accuses them of other forms of trickery as well.The opening of the Michigan Electoral College session at the State Capitol in 2020. The indictment emphasizes Mr. Trump’s involvement in fake electors schemes in several swing states.Pool photo by Carlos Osorio“Some fraudulent electors were tricked into participating based on the understanding that their votes would be used only if the defendant succeeded in outcome-determinative lawsuits within their state, which the defendant never did,” it said.A Novel ChargeThe inclusion of the charge involving a conspiracy to disenfranchise voters was a surprising development in Mr. Smith’s emerging strategy. Unlike the other charges, it had not been a major part of the public discussion of the investigation — for example, it was not among the charges recommended by the House Jan. 6 committee.Congress enacted the law after the Civil War to provide a tool for federal prosecutors to go after Southern white people, including Ku Klux Klan members, who used terrorism to prevent formerly enslaved Black people from voting. But in the 20th century, the Supreme Court upheld a broadened use of the law to address election-fraud conspiracies. The idea is that any conspiracy to engineer dishonest election results victimizes all voters in an election.“It was a good move to charge that statute, partly because that is really what this case really is about — depriving the people of the right to choose their president,” said Robert S. Litt, a former federal prosecutor and a top intelligence lawyer in the Obama administration.That statute has mostly been used to address misconduct leading up to and during election, like bribing voters or stuffing ballot boxes, rather than misconduct after an election. Still, in 1933, an appeals court upheld its use in a case involving people who reported false totals from a voter tabulation machine.It has never been used before in a conspiracy to use fake slates of Electoral College voters from multiple states to keep legitimate electors from being counted and thereby subvert the results of a presidential election — a situation that itself was unprecedented.Mr. Trump’s lawyers have signaled they will argue that he had a First Amendment right to say whatever he wanted. Indeed, the indictment acknowledged that it was not illegal in and of itself for Mr. Trump to lie.But in portraying Mr. Trump’s falsehoods as “integral to his criminal plans,” Mr. Smith suggested he would frame those public statements as contributing to unlawful actions and as evidence they were undertaken with bad intentions, not as crimes in and of themselves.Mr. Trump at Reagan National Airport Thursday following his court appearance. Mr. Trump’s legal team has signaled they will argue that he had a First Amendment right to say whatever he wanted.Doug Mills/The New York TimesA related defense Mr. Trump may raise is the issue of “advice of counsel.” If a defendant relied in good faith on a lawyer who incorrectly informed him that doing something would be legal, a jury may decide he lacked criminal intent. But there are limits. Among them, the defendant must have told the lawyer all the relevant facts and the theory must be “reasonable.”The indictment discusses how even though White House lawyers told Mr. Trump that Mr. Pence had no lawful authority to overturn Mr. Biden’s victory, an outside lawyer — John Eastman, described in the indictment as Co-Conspirator 2 and who separately faces disbarment proceedings — advised him that Mr. Pence could.Several legal specialists agreed that Mr. Trump has an advice-of-counsel argument to make. But Samuel W. Buell, a Duke University law professor, said Mr. Smith was likely to try to rebut it by pointing to the repeated instances in which Mr. Trump’s White House legal advisers told him that Mr. Eastman was wrong.“You have to have a genuine good-faith belief that the legal advice is legitimate and valid, not just ‘I’m going to keep running through as many lawyers as I can until one tells me something I want to hear, no matter how crazy and implausible it is,’” Mr. Buell said. More

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      Armories, Hotels, Offices: Where New York Could House Migrants

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      There are no easy answers for officials trying to find shelter beds, but “everything is on the table,” a deputy mayor said.Good morning. It’s Thursday. We’ll see whether there’s really no space available for migrants as New York City’s shelter crisis continues. We’ll also look at Rudolph Giuliani, former prosecutor, former mayor and now Co-Conspirator 1.Jeenah Moon for The New York Times“There is no more room,” Mayor Eric Adams declared this week as City Hall struggled to find space for thousands of migrants from the southern border — nearly 100,000 in the last year. Just last week, some 2,300 new migrants arrived.Is the city really full? If not, where could asylum seekers go?The answers from a handful of people with different perspectives — advocates for homeless people, hotel experts and a real estate appraiser — added up to this: There are no easy answers.“It’s not that there’s no spaces, it’s that the spaces we have are encumbered by bureaucratic barriers that make it time-consuming and difficult to get people into them,” said Catherine Trapani, the executive director of Homeless Services United, a coalition of nonprofit agencies that serve homeless and at-risk adults.Joshua Goldfein, a lawyer with the Legal Aid Society, said “there’s full and there’s full” as he suggested that there were places where the city could set up cots, as it does in weather emergencies: drill floors in armories, cafeterias in shelters, school gyms.But these are “places they couldn’t use on an ongoing basis,” Goldfein said before suggesting opening empty storefronts to house people. “If you just brought people inside, gave them a place that is not exposed to the weather,” he said, “that would be better.”New York has opened 194 sites to house newcomers, including hotel ballrooms, former jails and an airport warehouse. The plan is to open a tent city in the parking lot of a psychiatric center in Queens soon, and Anne Williams-Isom, the deputy mayor for health and human services, said on Wednesday that “everything is on the table” in the hunt for more space.The city has a legal requirement to provide shelter for anyone who wants it, and the city had been looking for space long before Mayor Adams put out what amounted to a “no vacancy” sign last month, when he discouraged asylum seekers from heading to New York. The Times reported in May that city officials had approached large-scale landlords and even the Port Authority of New York and New Jersey about finding spaces that could house migrants.City Hall also looked at its own holdings: The mayor’s chief of staff told agency heads by email to list “any properties or spaces in your portfolio that may be available to be repurposed to house asylum seekers as temporary shelter spaces.”On Wednesday, Williams-Isom appeared to play down the idea of setting up tents in Central Park, saying that plan had been leaked months ago and that there were “all kinds of sites that we have to look at, similar to when we went through the Covid emergency.” She said the city had “reviewed” more than 3,000 sites.When she was asked if the city was looking to house migrants at the Javits Center, she said she would not answer “hypothetical questions.” What about hotels beyond those that already house homeless people?Vijay Dandapani — the president and chief executive of the Hotel Association of New York City, a trade group — said that “there is potentially space,” but the calendar works against filling it with migrants. September is usually a busy month for hotels in New York, what with the United Nations General Assembly and the U.S. Open, 13 days of tennis ending on Sept. 10. “Then, from September all the way to the middle of December, the city is busy,” Dandapani said. “Assuming the crisis is still as extensive as it is today, it would be January before somebody decides to put their toes in this water.”Sean Hennessey, a hotel consultant and an associate professor at New York University, said some hotels might switch to housing asylum seekers because doing so can be “relatively favorable” for hotels. They do not have to staff ancillary services like meeting rooms that “are usually a break-even proposition or worse,” he said.He said the city might also be able to work out deals with hotels now under construction, an option that could make hundreds if not thousands of rooms available — but probably not immediately.Office conversions are also a long shot, said the appraiser Jonathan Miller, even though thousands of square feet of office space are vacant. The cost of remodeling made converting “a nonstarter for most developers.” Higher interest rates have only made the expense even “more problematic.”“In the short term, this seems impossible,” he said. But as leases signed before the pandemic come up for renewal and tenants assess their space needs in a world with continuing remote work, “I think there’s going to be a lot of distressed commercial office space.” The eventual result: Corner offices could become living rooms and break rooms could become kitchens.WeatherEnjoy a mostly sunny day near the low 80s. Expect a chance of showers and thunderstorm in the evening, with temps around 70.ALTERNATE-SIDE PARKINGIn effect until Aug. 15 (Feast of the Assumption).The latest Metro newsMatt Burkhartt for The New York TimesReading crisis in schools: Across the nation, state leaders are taking steps to improve reading instruction for struggling students. But in New York, concern has grown: Is too little being done?Fatal fire: A discarded cigarette may have ignited an accidental fire that killed four people, including a 4-month-old, at a New Jersey home, according to the Ocean County prosecutor’s office.Accused bishop marries: A retired Roman Catholic bishop in upstate New York who is a defendant in several sexual misconduct lawsuits said that he had recently married a woman after the Vatican denied his request to leave the clergy.The union leader from Flushing: Fran Drescher, president of the union representing more than 150,000 television and movie actors, addressed the actors’ strike in remarks to the New York City Council.Frontline workers’ commutes: If you have never had the option to work from home because your job must be done in person, tell us how your commute has shifted over the past three years.Love letter to hip-hop: Rap music, at its core, has been a 50-year love affair with the English language. To celebrate hip-hop’s birthday, we asked Mahogany L. Browne, Lincoln Center’s first poet-in-residence and an acclaimed author, to write a love letter to the genre.Prosecutor, mayor and now Co-Conspirator 1Patrick Semansky/Associated PressRudolph Giuliani’s name is nowhere in the indictment accusing former President Donald Trump of plotting to overturn the 2020 election. But Giuliani — a former federal prosecutor, former Justice Department official, former mayor and former lawyer for Trump — appeared to be the person referred to in the indictment as Co-Conspirator 1. Giuliani’s own lawyer acknowledged it.Giuliani figures in the three conspiracies the indictment says took place, leaving open the possibility that he could be charged later. So, as my colleague Jonah E. Bromwich writes, Giuliani, who made his name as a lawman, now faces a reckoning with the law.Giuliani’s relationship with Trump hangs in the balance. A person close to Trump who spoke confidentially to describe a private relationship said that they don’t speak regularly, but the former president retains a fondness that goes back to Giuliani’s time in City Hall, when they dealt with each other often.Their relationship has appeared strained in the last couple of years. Trump told advisers in 2021 that he did not want Giuliani paid for his efforts on Trump’s behalf after the 2020 election. This year, filings suggest, Trump’s super PAC paid $340,000 to a legal vendor working on Giuliani’s behalf. The $340,000 payment was made weeks before Giuliani met voluntarily with lawyers from the office of Jack Smith, the special counsel overseeing the investigations of Trump.METROPOLITAN diaryWaiting aroundDear Diary:Life is slow these days. I check my lobby for packages scheduled to arrive, even though UPS sends me alerts and delivers to my door.Today, hearing a distant buzzer, I went down just in case. No package, but a woman carrying groceries was waiting outside. The latch stuck as I opened the door.“Buzzer not working?” she asked.“It worked earlier today,” I said.We stepped over to the elevator. Inside was my next-door neighbor, an older woman named Oneida. She had come down to meet her helper. She lit up when she saw us.She sometimes pops into the hall in her robe and slippers if I’m singing outside my door. She blows me kisses, and I usually get a hug.Minutes later, I was back upstairs when my doorbell rang. I sprang up to get my package. At the door was Oneida, smiling and holding an origami box I had made for her.I motioned for her to lift the lid. Then I blew a kiss into the box with both hands and motioned for her to close it. She hugged me as we parted.— Paul KlenkIllustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here.Glad we could get together here. See you tomorrow. — J.B.P.S. Here’s today’s Mini Crossword and Spelling Bee. You can find all our puzzles here.Melissa Guerrero and Ed Shanahan contributed to New York Today. You can reach the team at nytoday@nytimes.com.Sign up here to get this newsletter in your inbox. More