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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

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      A Closer Look at the Registered Voters Who Don’t Support Biden or Trump

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      Looking more closely at the registered voters who don’t support Biden or Trump.The first Times poll of the 2024 election cycle shows a dead heat between President Biden and Donald Trump. If those two men are the presidential nominees next year, 43 percent of registered voters say they will support Biden, and 43 percent say they will back Trump.But 43 plus 43 obviously does not equal 100. There are also 14 percent of registered voters who declined to choose either candidate. Some of them said that they would not vote next year. Others said they would support a third-party candidate. Still others declined to answer the poll question.You can think of this 14 percent as the Neither of the Above voters, at least for now. In the end, a significant number of them probably will vote for Biden or Trump and go a long way toward determining who occupies the White House in 2025.In today’s newsletter, I will profile this Neither of the Above — or NOTA — group, with help from charts by my colleague Ashley Wu.Unhappy with TrumpPerhaps the most notable characteristic of NOTA voters is that they are highly critical of Trump. By definition, they are also unenthusiastic about Biden. But they are considerably less happy with Trump:Favorability of Biden vs. TrumpShare of respondents with a very or somewhat favorable opinion of each candidate More

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      More Charges Against Trump

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

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      What Improv Can Do for Mathematicians

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      Coaching sessions at the People’s Improv Theater were aimed at helping math experts connect with laypeople and give engaging presentations.Good morning. It’s Wednesday. Today we’ll solve for x and y, where x is a group of high-level mathematicians and y is an improvisational theater workshop. This one’s easy, even if you’re not very good at math. We’ll also look at Mayor Eric Adams’s fund-raising.Michelle V. Agins/The New York TimesWhat’s funny about quadratic equations? Is there something to laugh at in Euclidean geometry?Those questions went unanswered in unusual coaching sessions last week, and no wonder: The instructor’s background is not in Cartesian geometry or matrix algebra but in improvisational theater and standup comedy.The students were mathematicians from across the country — assistant professors, postdoctoral students and a few who are months away from their Ph.D.s, along with Cindy Lawrence, the executive director and chief executive of the National Museum of Mathematics, which arranged the three-day workshop.The sessions were “not so much about being funny,” explained the instructor, Kihresha Redmond, the artistic director of the People’s Improv Theater, a comedy theater and improv training center on West 29th Street that is also known as the PIT. The purpose was to show the mathematicians how to do engaging presentations for laypeople.“You don’t get a Ph.D. because you’re just so-so at something,” Lawrence said, but mathematicians “may not be quick at responding to an audience and they may not be comfortable in front of a room of strangers. Improv helps you build those kinds of skills.”Redmond did not mention it to the group, but she knew something about math. “I thought it was something I was going to major in” when she went to college, she confided one morning last week, before the group arrived. “It was a last-minute left turn to theater.”One session with the mathematicians involved no scripts, no carefully rehearsed “to be or not to be” moments — and no math. It began with Redmond leading some loosening-up exercises. Later, as a drill in thinking fast and talking in front of an audience, she had the mathematicians conduct mock news conferences. They made up companies and products to promote and assigned someone in the group to be the spokeswoman fielding questions. The others in the group played reporters.Angela Avila, a Ph.D. candidate at the University of Texas at Arlington, said the think-on-your-feet training would be useful in her work, which involves using math to solve agricultural problems, like how many more cows could be fed in a given pasture if a dairy farmer increased the nutrient yield.She said she could use artificial intelligence and “big fancy equations” to come up with an answer, but if she explained it that way, there would probably be a lot of head-scratching.“If I am speaking line from line on my research paper, they’d get lost,” she said, “but if I connect with them and read the energy in the room, that won’t happen.”Lawrence, from the math museum, said she had invited women to the workshop because women are underrepresented in mathematics and in science, technology and engineering. “It’s a problem that self-perpetuates because young women who don’t see female mathematicians get the impression that math is a field that’s not for them, it’s for men,” she said.She wants the participants to help bring about more balance by serving as role models for girls: Each workshop participant is to present a talk about her specialty in a setting like a middle school. She said the idea was “to incentivize women who maybe already have an interest in reaching the younger generation to do so” before their focus is on the publish-or-perish pressures of tenure-track academics.“One of the women told me she was not looking forward to improv and went along with it because it was part of the program,” Lawrence said. “She said this turned her mind completely around.”WeatherOn a partly sunny day with a high near the mid-80s, prepare for a chance of showers and thunderstorms persisting through the evening. At night, temps will drop into the low 70s.ALTERNATE-SIDE PARKINGIn effect until Aug. 15 (Feast of the Assumption).The latest New York newsJohnny Milano for The New York TimesGilgo Beach killings: The wife of Rex Heuermann, the suspect in the Gilgo Beach murders, was away when the killings happened and has not been charged. Experts say it’s not unusual for the spouses of serial killers to be unaware of their crimes. Rikers management: The federal judge in charge of deciding whether New York City jails will be taken over by an outside authority expressed disapproval of how Rikers Island and other lockups are managed.Housing moves: Gov. Kathy Hochul announced a series of executive actions to promote residential real estate development and ease the state’s housing crisis.Museum director: Stephanie Hill Wilchfort, who most recently served as the president and chief executive of the Brooklyn Children’s Museum, will be the next director and president of the Museum of the City of New York.Remembering Chisholm: City officials approved designs for a monument in Prospect Park to Shirley Chisholm, the first Black woman elected to Congress.Landmarks’ protector: Beverly Moss Spatt, who battled real estate and political interests as chairwoman of the city’s Landmarks Preservation Commission in the 1970s, died on Friday. She was 99.Amassing cash for a campaign that’s two years awayBenjamin Norman for The New York TimesEric Adams was a prodigious fund-raiser when he ran for mayor in 2021. Now, with his eye already on a second term, he is raising big money for 2025 — $1.3 million since January.My colleagues Emma G. Fitzsimmons and Nicholas Fandos write that Adams appears to be eager to amass a large war chest to fend off serious competitors. He faced seven serious opponents in the Democratic primary two years ago and won by only 7,197 votes.With matching funds that Adams campaign officials expect to receive under the city’s public financing system, his re-election effort is expected to have about $4.6 million on hand by the time the 2025 campaign gears up. The matching funds program can turn a $10 contribution from someone who lives in New York City into $90 for a campaign.Adams could be difficult to beat, despite recent setbacks. Chris Coffey, a Democratic strategist who was a campaign manager for Andrew Yang, an Adams opponent two years ago, said the mayor’s low approval rating was not terribly worrisome — it fell to 46 percent in a Siena College poll last month. Coffey noted that Michael Bloomberg’s approval rating dipped as low as 24 percent in his second year in office, but he went on to win two more terms.Among Adams’s donors are Marc Holliday and Steve Green, the chief executive and founder, respectively, of the city’s largest commercial landlord, SL Green. Each gave $2,100. Also on the list of Adams contributors are Alexander and Helena Durst, from the Durst real estate dynasty. In addition, the mayor has taken in $12,600 from people who work for Top Rock Holdings, a real estate investment firm.A fund-raiser for the mayor at a performance of the Broadway musical “New York, New York” last month was lucrative despite lackluster reviews for the show. Seats went for as much as $2,100 apiece. Adams’s campaign took in about $600,000 from the event, which a campaign spokesman said was organized by Frank Carone, Adams’s former chief of staff.The real estate industry is also making donations to Gov. Kathy Hochul, whose term runs through 2026. Of the $4.5 million her campaign raised from January through June, more than $885,000 came from developers and real estate investors. Among the donors contributing $18,000 — the new legal maximum for statewide candidates — were Holliday; members of the Durst family; and Scott Rechler and Jeff Blau. Both are Democratic megadonors whose firms are competing with Holliday’s for a casino license for the New York City area.METROPOLITAN diaryA sliceDear Diary:He carried the box while they held each other’s hands, their sweat stuck between warm, tanned palms.They walked down the cobblestone street, and she kept her heels out of cracks in the ground. New York heat held her neck. It smelled like new deodorant, smoke, like summertime.She put her head near his ear.They sat at the bottom of a Brooklyn stoop — the lights were on — and he passed her a slice.Their elbows touched.She wiped the corner of his lip and put her leg over his.He traced constellations between spots of orange oil on her scabby knees.“It tastes good,” she said.“The cheese?” he asked with a laugh.“Yeah.”He whispered in her ear.“But we’re on the street,” she said.“Come on,” he said, and took her hand again.— Laila Hartman-SigallIllustrated 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, Shivani Gonzalez and Ed Shanahan contributed to New York Today. You can reach the team at nytoday@nyimes.com.Sign up here to get this newsletter in your inbox. More

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      A Century Ago, Golf Fans Watched a ‘Do-or-Die’ Moment

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      Bobby Jones won the first of his four U.S. Opens at a course near what is now Kennedy Airport. The New York Times was there.Good morning. It’s Friday. Today we’ll look at a moment in the history of golf that will be recreated where it happened 100 years ago tomorrow. We’ll also get details on why there will probably be more squabbling over the maps for New York’s congressional districts.Bobby Jones in 1927, four years after he won the U.S. Open at Inwood Country Club.Fox Photos/Getty ImagesOn July 15, 1923, 100 years ago tomorrow, a 21-year-old golfer named Bobby Jones stood just off the 18th fairway at Inwood Country Club, now just across from Kennedy International Airport. My colleague Corey Kilgannon explains how Jones made history:Jones had squandered a commanding lead in a playoff for the U.S. Open the day before, but he still had a chance to salvage a victory over the Scottish star Bobby Cruickshank — if Jones made a daunting shot. The New York Times described what happened as “truly miraculous.”“Without a moment’s hesitation,” The Times said, “Jones drew his No. 1 iron out of the bag, took a momentary look at the lie, glanced at the flag and swung. The ball flew off the face of his club, rose in the air and carried squarely on the green, 190 yards away.” The ball landed within six feet of the cup.That moment will be memorialized on Saturday at Inwood, where several of Jones’s descendants are expected at a club tournament and dinner. Among them is a grandson, Dr. Bob Jones IV, who said his grandfather had been on a losing streak and was considering quitting championship golf until his “do-or-die moment” in 1923.“When he got to Inwood, he was really considering that this might be his last tournament,” Dr. Jones said. “If he had not executed that shot and won, I think he would have given up tournament golf and become an obscure sports trivia item.”Instead, Jones drilled the ball next to the hole and two-putted to win the first of his four U.S. Opens.It jump-started golf’s most successful amateur career, one that would include Jones’s 13 majors, four of them in a single calendar year (1930) — golf’s Grand Slam. He became a lawyer but later designed the Augusta National Golf Club and co-founded the Masters tournament.Bobby Jones receiving the trophy after winning the U.S. Open in 1923.Edwin LevickHis triumph at Inwood came at a time when golf had assumed a place in the debonair lives of the well-to-do in the Jazz Age, when the New York area was the cradle of golf in America. There’s a reason F. Scott Fitzgerald made the blasé Jordan Baker a golfer in “The Great Gatsby,” published two years after Jones’s Inwood victory. Babe Ruth and the Three Stooges used to frequent Van Cortlandt, a public course in the Bronx.Inwood will try to recapture the old-fashioned vibe on Saturday. On several holes, players will have to use hickory-shafted replicas of Jones’s clubs. For the putting contest, they will have to use a replica of Jones’s favorite putter, which was known as Calamity Jane, and old-fashioned golf balls. For the dinner in the clubhouse, guests are encouraged to wear Jazz Age dress.But first, during the cocktail hour, they will get a chance to replicate Jones’s storied shot from the same spot. If they can. It is still a daunting shot, even with modern high-compression golf balls and titanium-shafted clubs.“With a wooden shaft, it’s a lot harder to get the ball up in the air,” said Kyle Higgins, the club’s head pro, who added that Jones often played in a long-sleeve dress shirt and tie — something Higgins has tried himself, to get the feel of hitting the way Jones did. (“It’s definitely restrictive and makes it pretty tough to swing,” he said.)Jones had wasted a three-shot lead in the final round to let Cruickshank into a playoff. But Jones’ shot on 18 “sealed the fate of the little Scottish gamecock,” The Times reported, and “opened up the portals of fame” to Jones.The celebration, with spectators carrying Jones triumphantly toward the clubhouse as a kilted bagpiper wailed away, is known to many club members even today.“The day is less about competition and more about celebrating the anniversary,” said the club’s golf chairman, Brian Ziegler. “We try to make sure everyone who joins is aware of the club’s history, and we knew we needed to celebrate the 100th anniversary.”WeatherIt’s going to be mostly cloudy, with temperatures in the 80s. There’s a chance of showers and thunderstorms in the afternoon persisting into the evening. At night, temps will fall to the mid-70s.ALTERNATE-SIDE PARKINGIn effect until Aug. 15 (Feast of the Assumption).The latest New York newsSeth Harrison/USA Today NetworkPolice fatally shoot man after report of stolen fruit: A 37-year-old man was shot by the police in New Rochelle, N.Y., on July 3 after he was accused of eating grapes and a banana without paying, his family’s lawyer said. The man died a week later.Mayor turns to his religious base: As signs of trouble have arisen in recent weeks, Mayor Eric Adams has leaned heavily on the religious segment of his multiethnic, outer Manhattan base for support.One man’s war on pickleball: “Paddleball Paul” is making his last stand to eradicate pickleball from the handball courts of Central Park. It’s not going very well.More squabbling over mapsCarlos Bernate for The New York TimesA New York appeals court ordered the state’s congressional map redrawn yet again. Or re-re-redrawn.Language aside, the Appellate Division of the State Supreme Court in Albany sided with Democrats in a long-running legal fight, saying that the districts drawn last year on orders from the state’s highest court had been only a temporary fix. The justices ordered the state’s bipartisan redistricting commission to restart a process that would effectively give the Democrat-dominated State Legislature final say over the contours of New York’s 26 House seats for the rest of the decade.My colleague Nicholas Fandos writes that if that decision is upheld, as many as six Republican-held seats could go the Democrats’ way.The state’s highest court, the Court of Appeals, will have the final say, because Republican leaders immediately said they would appeal. And it was the Court of Appeals that blocked Democrats’ attempt to gerrymander the maps of the state’s congressional districts last year. The high court said then that the Democrats had violated the state Constitution and ignored the will of voters who approved a 2014 constitutional amendment intended to limit political influence in redistricting.The current district lines were drawn by a court-appointed expert last year to maximize competition. The new map helping Republicans flip four seats on the way to taking control of the House.If Thursday’s ruling stands, both parties believe that Democrats could draw maps that would pass muster legally while making re-election almost impossible for incumbent Republicans, such as Representatives Mike Lawler and Marc Molinaro in the Hudson Valley, or Anthony D’Esposito and George Santos on Long Island and in Queens.New Democratic seats in New York could help offset expected Republican gains in North Carolina, where a newly conservative top court is allowing the G.O.P. to replace a more neutral map. Separately, Democrats won an unexpected victory at the U.S. Supreme Court. The court said Alabama had used a map that watered down the power of Black voters in a decision that could affect redistricting in several southern states.Representative Hakeem Jeffries of New York, the top House Democrat, praised Thursday’s ruling and called the current New York congressional map undemocratic. METROPOLITAN diaryBarefoot on the FDear Diary:It was a hot summer day in the late 1990s. Dressed in a sundress and slide-style sandals, I was about to step onto an arriving F at 14th Street when one of my sandals slipped off and fell between the train and the platform and then down onto the tracks.I sheepishly entered the car and looked for a seat, praying that no one had noticed. Of course, several people had“Well, that’s a first!” said one of them, an older man.With my bare foot tucked behind my sandaled one, I spent the rest of the ride home to Brooklyn pondering what I would do once I got off.Should I walk through the station and the three blocks to my apartment with one sandal and one bare foot? Should I remove the other shoe and go fully barefoot?As we pulled into the station, a woman sitting a few seats away approached me and pulled something from her bag.“Excuse me,” she said, “but I saw what happened when you got on the train, and I wanted to offer you this pair of flip-flops.”— Megan WormanIllustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here.Glad we could get together here. See you on Monday. — J.B.P.S. Here’s today’s Mini Crossword and Spelling Bee. You can find all our puzzles here.Johnna Margalotti 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

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      Vivek Ramaswamy Takes Aim at Political Fund-raising Oligopoly

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      The longshot Republican candidate is seeking to raise an army of fund-raisers — by giving them a cut of any money they collect for his campaign.The Republican presidential candidate Vivek Ramaswamy wants to disrupt the “oligopoly” of political fund-raising.Michael M. Santiago/Getty ImagesRamaswamy rethinks political giving As a biotech entrepreneur, investor and conservative activist, Vivek Ramaswamy cuts a different profile from the veteran politicians who are also seeking the Republican presidential nomination.With the plan that he announced on Monday — in which fund-raisers will get 10 percent of what they drum up for him — Mr. Ramaswamy told DealBook that he’s trying to shake up the business of politics now, too.How it works: Called “Vivek’s Kitchen Cabinet,” the system will give participants a personal link they can share with others, and the campaign will pay them as independent contractors.Mr. Ramaswamy said he’s taking aim at a political norm. After announcing his candidacy in February, he said he had met with professional fund-raisers who promised that they could find wealthy donors in Palm Beach, Fla., in Silicon Valley, and on Wall Street.He wasn’t impressed with their work, he said, but he found their fee structure, in which they are paid up to 20 percent of what donors give, interesting. That got him thinking about disrupting the model: “Anytime there’s an oligopoly, there’s a need and an opportunity to break it up,” he said.It’s a novel way of attracting support, since it goes against how candidates traditionally spend money to get donors. (Most campaigns will spend heavily on marketing to draw donors, though the Republican hopeful Doug Burgum is trying something different by doling out $20 gift cards.) News coverage of the plan could also help bump up awareness of Ramaswamy, who’s currently polling at about 4 percent.Drawing more donors isn’t necessary for Mr. Ramaswamy to qualify for the first Republican presidential debate — he told DealBook that he had amassed about 65,000 already, more than the 40,000 minimum. But it could help alleviate his need to self-fund his campaign, to which he has given more than $10.5 million in loans and contributions as of the first quarter.Is it legal? Campaign finance experts told DealBook that the plan didn’t appear to raise any legal issues. Ramaswamy said that it had been vetted by the Federal Election Commission.But some experts see other problems. For instance, supporters may pressure and coerce others in their networks to give to the candidate, according to Saurav Ghosh, director of campaign finance reform at the advocacy group Campaign Legal Center and a former F.E.C. enforcement attorney. (Some on social media have jokingly compared it to a multilevel marketing campaign.)HERE’S WHAT’S HAPPENING China reportedly plans tighter rules for artificial intelligence. Beijing officials will compel companies developing A.I. services to obtain a license before releasing their products to the public, according to The Financial Times. Regulators are seeking a balance between controlling content while allowing domestic tech companies to innovate.Foxconn withdraws from a $19.5 billion chip venture in India. The electronic components giant said it wouldn’t move forward with plans to partner with the conglomerate Vedanta to build factories in Gujarat. The decision is a blow to India’s efforts to become a hub for chip making and to seize on desires by Apple and others to diversify their supply chains away from China.Tucker Carlson’s Twitter show isn’t holding onto its audience. Views of his broadcasts on the social network have fallen as much as 85 percent since their debut last month. It’s bad news for Carlson, who had counted on his strong viewership at Fox News to carry over to his Twitter show after the network fired him this spring.Hollywood faces the prospect of a second strike. Actors are set to join writers on the picket lines if their union, SAG-AFTRA, doesn’t reach a deal with studios by midnight on Wednesday. Another strike could completely shut down Hollywood, disrupting local communities depending on movie and TV production. At issue are disagreements over streaming payments and the use of artificial intelligence.The heat grows on Twitter’s chief Just a month into the job as the social media platform’s C.E.O., Linda Yaccarino has had to deal with a major new competitor, unpopular limits placed on power users and the unpredictability of Elon Musk. It hasn’t been a smooth debut by any means.She has set herself a tough task. Ms. Yaccarino, the former head of advertising at NBCUniversal aims to repair relations with Madison Avenue, no small feat in the middle of a global ad slump. In her favor is her strong reputation: “Linda was a good hire and the right hire as long as she has the freedom to do what’s necessary,” Martin Sorrell, an advertising mogul, told DealBook last week.But many suspect that Twitter’s owner will be reluctant to relinquish control. Indeed, Mr. Musk hasn’t made things easier for Ms. Yaccarino, tweeting juvenile content and apparently neglecting to copy her on his threat to sue Threads, Meta’s rival short-messaging platform. (Referring to Ms. Yaccarino, Bill Grueskin, a Columbia Journalism School professor, tweeted that he was “trying to think of a worse career decision.”)A request for comment to Twitter’s P.R. team was answered with an auto-reply of a poop emoji.And Threads keeps growing. The Twitter competitor has now surpassed 100 million users, setting a record for an app to reach that milestone. Analysts at Evercore ISI have estimated that Threads could add $8 billion to Meta’s annual revenue by 2025. It’s worth noting that Threads currently doesn’t feature any advertising.Its rise appears to be hurting Twitter: Traf­fic to Twit­ter’s web­site fell 5 percent week-on-week in the first two days of Thread’s existence, ac­cord­ing to The Wall Street Journal, citing Sim­i­lar­Web.Ms. Yaccarino sought to rally the Twitter faithful. “Twitter, you really outdid yourselves!” she posted on Monday. “Last week we had our largest usage day since February. There’s only ONE Twitter. You know it. I know it. 🎤” (That said, the tech journalist Casey Newton expressed skepticism of her claim.)Inflation nation Americans’ spending spree on cars, airline tickets and hotel stays appears to be cooling off. Markets are anxiously waiting to see if that restraint will be born out in Wednesday’s Consumer Price Index reading.What to watch: Economists polled by Bloomberg expect the headline inflation number to drop to 3.1 percent, a huge decline from last July’s reading of 9 percent. (That said, more frugal consumers could crimp Amazon’s annual Prime Day shopping bonanza, which starts today.)But progress from here is expected to be tough. Core inflation, which excludes more volatile food and fuel prices, is predicted to drop to 5 percent, well above the Fed’s 2 percent target. In an investor note on Monday co-written by Jan Hatzius, Goldman Sachs’s chief economist, the firm said that it expected further gradual progress in the inflation fight in the coming months, but didn’t see core inflation dipping below 3 percent until 2025.The Fed is also still worried about inflation. On Monday, three officials said that more interest rate increases were needed to bring down prices. “Inflation is our No. 1 problem,” said Mary Daly, president of the San Francisco Fed and a nonvoting member of the central bank. She added that she believed two more rate raises were needed this year.The futures market is betting on that as well, pricing in a quarter-percentage-point increase at this month’s Fed rate-setting meeting and, increasingly, anticipating another raise this fall.But that uncertainty over inflation, as well as worries about recession and a slowing labor market, has led some on Wall Street to warn that the S&P 500 is overvalued and that a stock sell-off is coming. (Investors will keep an eye on corporate earning reports, which begin this week, for more clues on how businesses are faring.)“It’s also important to set the record straight: This is not a merger. The PGA Tour remains intact.” — Ron Price, the C.O.O. of the PGA Tour, in a preview of his testimony today before the Senate Permanent Subcommittee on Investigations about the proposed tie-up with the Saudi-backed LIV Golf circuit. Price added that there would be no changes to the PGA Tour’s C.E.O. or on the board level should the framework deal move forward.A fight over banking rules draws closerThe Fed’s top banking overseer, Michael Barr, outlined on Monday major parts of his plan to update regulations in the wake of the regional lender crisis that was prompted by the collapse of Silicon Valley Bank this spring.Among them are tougher capital requirements meant to make banks more resilient in turbulent times — but the financial industry is warning that the proposals go too far.Mr. Barr wants banks to hold more in capital reserves, to the tune of an additional $2 for every $100 of risk-weighted assets, he said in a speech. He also wants to extend his stricter rules to all institutions with $100 billion or more in assets; the toughest requirements currently apply only to lenders that are internationally active or have at least $700 billion in assets.It’s a recognition of “gaps in the current rules,” he said, since even midsize lenders — which are more lightly regulated — can pose dangers to the American financial system.Banks are threatening a fight. Washington and Wall Street appear to have been surprised by how tough Mr. Barr is being: “It’s definitely meaty,” Ian Katz, an analyst at Capital Alpha, told The Times. But industry figures said that tougher restrictions would come at a price. “Further capital requirements on the largest U.S. banks will lead to higher borrowing costs and fewer loans for consumers and businesses,” said Kevin Fromer, head of the banking group Financial Services Forum.The rules aren’t a done deal yet. Up next is the public comment period. If the Fed’s board approves, it will still take time to implement the rules.THE SPEED READ DealsBerkshire Hathaway will buy control of a liquefied natural gas export project in Maryland for $3.3 billion. (Bloomberg)Banks including Citigroup, HSBC and JPMorgan Chase are said to be seeking potential investors for the seed giant Syngenta’s $9 billion I.P.O. in China, which is expected to be the biggest market debut this year. (Bloomberg)Morgan Stanley has reportedly hired Marco Caggiano, JPMorgan’s head of North American mergers, as a vice chairman of M.&A. (Reuters)PolicyThe United States and the European Union reached a deal to let tech giants continue sharing user data between their jurisdictions. (NYT)Jay Clayton, former head of the S.E.C., and Tim Massad, former chair of the C.F.T.C., offered a road map to regulating the crypto markets. (WSJ)Best of the restEuropean regulators are investigating whether the popular weight-loss drugs Ozempic and Saxenda increase the risk of suicidal thoughts among users. (WSJ)India’s economy could surpass that of the United States in size by 2075, Goldman Sachs predicts — though high taxes and bureaucracy could stand in the way. (Insider)“Disney World Hasn’t Felt This Empty in Years” (WSJ)We’d like your feedback! Please email thoughts and suggestions to dealbook@nytimes.com. More

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      Behind RFK Jr.’s Popularity With Tech Elites Like Jack Dorsey

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      Robert Kennedy Jr.’s contentious claims on issue including vaccines are drawing acclaim from tech executives who are giving him money and exposure.Tech executives are drawn to Robert Kennedy Jr.’s iconoclastic takes.Ryan David Brown for The New York TimesThe money men aiding Robert Kennedy Jr.’s political surge As the 2024 race heats up, President Biden faces a persistent thorn in his side: Robert Kennedy Jr., the scion of the Democratic dynasty, who both touts an array of fringe theories and boasts surprisingly durable poll numbers.The Times notes that Mr. Kennedy is drawing support from an array of political outsiders. But perhaps his most powerful base is a group of financial and tech moguls, including the Twitter co-founder Jack Dorsey, who have given him money and something arguably more important: exposure.Kennedy speaks to many of their interests. That includes things like cryptocurrency — he has spoken at industry conferences and accepts campaign donations in Bitcoin. Mr. Kennedy has also embraced some of their favored podcasts, speaking with popular hosts like Joe Rogan and the venture capitalists behind the show “All-In.”And in endorsing Mr. Kennedy, Mr. Dorsey (who’s also a major Bitcoin booster) cited the candidate’s criticism of government censorship.But Mr. Kennedy’s most powerful draw may be his iconoclasm, particularly his willingness to buck institutional thinking on matters like the benefits of vaccines. (That has led to YouTube removing a Kennedy interview because it promoted vaccine misinformation.)“I think he is a lower-intellect, Democratic version of Donald Trump, so he attracts libertarian-leaning, anti-‘woke,’ socially liberal folks as a protest vote,” Robert Nelsen, an investor at Arch Venture Partners, told KFF Health News.Well-heeled supporters have given him money and airtime. Figures including Elon Musk and the investor David Sacks have pushed for a public debate between Mr. Kennedy and Peter Hotez, a vaccine researcher who criticized Mr. Rogan’s decision to let the candidate spout unfounded conspiracy theories on his show.Mr. Sacks and his fellow “All-In” co-hosts Jason Calacanis and Chamath Palihapitiya have had Kennedy on their podcast as well, praising him for being “willing to engage in vibrant debates” and “tearing down all these institutions of power.” Mr. Sacks, who with Mr. Musk also interviewed Kennedy in a Twitter Spaces event, and Mr. Palihapitiya held a fund-raiser for him this month that, according to CNBC, raised $500,000.Meanwhile, the entrepreneur Mark Gorton helped create a Kennedy-focused PAC that, its leaders say, has raised at least $5.7 million. And CNBC reported that the investor Omeed Malik plans to host a $6,600-a-head fund-raiser in the Hamptons for Kennedy next month.HERE’S WHAT’S HAPPENING Smoke from Canadian wildfires again threatens U.S. cities. New York City and other places in the Northeast are facing the return of hazardous air quality, after whitish smoke enveloped Midwestern cities like Chicago. Mayors warned residents to take precautions, raising the prospect of further disruptions to outdoor activities and businesses.The Kremlin moves to seize the Wagner Group’s empire. Russian officials told leaders in countries like Syria and the Central African Republic, where the mercenary group operated, that Moscow was assuming its operations there. Meanwhile, a top Russian general who had prior knowledge about the Wagner Group’s short-lived rebellion has reportedly been detained.Nvidia warns against further U.S. curbs on A.I. chip exports. The semiconductor giant’s C.F.O. said that additional steps to limit sales to China of chips meant for artificial intelligence systems could “result in a permanent loss of opportunities” for U.S. companies in a major market. Shares of Nvidia fell yesterday after The Wall Street Journal reported on White House deliberations about new export rules.Aspartame reportedly will be declared “possibly carcinogenic.” The World Health Organization will say next month that one of the world’s most popular artificial sweeteners could cause cancer, according to Reuters. Aspartame is used in countless products, including diet sodas, chewing gum and candy.The fate of Microsoft’s big deal may be decided soonYesterday was a big day in proceedings over the F.T.C.’s effort to block Microsoft’s $70 billion takeover of the video game titan Activision Blizzard, with three key players testifying: Satya Nadella, Microsoft’s C.E.O.; Bobby Kotick, Activision’s leader; and Jim Ryan, who heads Sony’s PlayStation division (and gave evidence by video).If the presiding judge agrees to delay the transaction, as the F.T.C. is asking, Microsoft’s deal will probably die. But if she doesn’t, the agency may drop its opposition.Mr. Nadella and Mr. Kotick said the takeover wouldn’t hurt consumers. The Microsoft chief reiterated that top titles like Call of Duty wouldn’t be restricted to its Xbox platform. “If it was up to me, I would love to get rid of the entire ‘exclusives on consoles,’” Mr. Nadella said — and blamed Sony for maintaining that business model.Mr. Kotick agreed: “You would have a revolt if you were to remove the game from one platform.” (That said, Mr. Ryan testified that he was worried about PlayStation receiving “degraded” versions of Call of Duty if the deal went through.)But testimony showed that Microsoft isn’t averse to exclusives. The company’s gaming chief, Phil Spencer, has acknowledged that the company held discussions about excluding other Activision games from PlayStation. The F.T.C. sought to highlight contradictions in Microsoft’s case, including Mr. Nadella’s recent boasts about sales figures for the latest Xbox console despite Mr. Spencer saying the platform was “not a robust business.” And the agency’s lawyers noted that Mr. Nadella had told investors the new business of cloud gaming was “one of the big bets that’s paying off,” despite downplaying the importance of that market in court.A decision is expected as soon as Monday. At points, Judge Jacqueline Scott Corley seemed skeptical of the F.T.C.’s questions. Historically, the F.T.C. drops its opposition to a deal if it loses an injunction request.If that happens, the last hurdle for Microsoft would be an appeal of a British regulator’s decision to block the transaction — a potentially even more uphill battle.Central bankers issue a warning on inflation Two big themes emerged from this week’s central bankers’ meeting in Portugal: Policymakers are far from finished raising interest rates as inflation remains stubbornly high, and it is not yet clear how high they will go.A significant data dump on inflation comes tomorrow. The Commerce Department will publish its report on personal consumption expenditures (P.C.E.) at 8:30 a.m. Eastern, a few hours after the eurozone’s preliminary report on consumer prices is released.Both reports are expected to show that headline inflation is cooling, but that prices are still well above policymakers’ 2 percent target. Jay Powell, the Fed chair, said yesterday that “core” inflation — which excludes energy and food prices — will probably not reach that level until 2025.That is forcing the Fed’s hand on interest rates. Mr. Powell added that the Fed could raise rates at consecutive meetings — and keep them at a “restrictive” level for some time. On the subject of cuts, he said “we’re a long way from that,” adding, “That’s not something we’re thinking about now.”The futures market this morning seems to be getting that message, betting on further rate increases this year and pushing out the forecast for cuts well into 2024.The good news: Powell and his counterparts, including Andrew Bailey, the Bank of England governor, said that a strong labor market was keeping their countries out of recession — for now.What to watch tomorrow: Economists forecast that “headline” P.C.E. came in at 3.8 percent in May, its lowest reading in two years. But “core” P.C.E. is expected to tell a different story, hitting 4.7 percent. A possible bright spot: Some economists expect that used car prices and rents will begin to recede this summer.In Europe, inflation is running hotter. Its C.P.I. data is expected to show that prices rose by 5.7 percent from a year ago. Christine Lagarde, the E.C.B. president, has warned that inflation is beginning to become entrenched in all layers of the economy. Her antidote to that: More interest-rate increases are in the cards.$1 trillion — The drop in the value of deals announced in the first half of 2023, compared with the same period last year, according to Bloomberg. The fall in mergers, acquisitions and I.P.O.s makes this one of the worst periods for deal making in a decade, as high inflation, financing pressures and geopolitical tension have sapped activity.How strong are the nation’s banks, really? Months after Silicon Valley Bank’s collapse set off a panic over America’s smaller lenders, the Fed yesterday gave the country’s biggest banks a clean bill of health. But regulators warned that their recently concluded stress tests were just one way of evaluating stability — and that other risks could still pose a threat.What the tests found: The country’s 23 biggest banks could withstand a 40 percent drop in commercial real estate prices — a major concern for lenders now — and $541 billion in losses without failing. They could also handle steep unemployment and sharp drops in home prices.Though the examinations began well before SVB’s troubles in March, regulators did explore whether eight banks heavily involved in trading could withstand sudden panics in the markets for stocks, bonds and other financial instruments. Bank investors were keenly watching the tests, since strong results mean that lenders are likely to have their capital requirements lowered, allowing them to buy back more stock or pay increased dividends.Banks are expected to unveil their new capital requirements tomorrow, along with any changes in investor payouts.But regulators warned that the stress tests aren’t the final word on banks’ health. “This stress test is only one way to measure that strength,” said Michael Barr, the Fed’s top banking supervisor.Regulators are still overhauling the rules. Beyond ramping up supervision, authorities are expected to tighten capital requirements, including for smaller lenders. That said, even if SVB had been subject to this year’s tests, The Financial Times notes, it might still have passed.In other banking news: Bank of America is sitting on more than $100 billion in paper losses tied to bad bond trades, far more than its rivals. THE SPEED READ DealsHong Kong conglomerates have announced more than $8 billion worth of asset sales to help cut their debt loads amid rising borrowing costs. (Bloomberg)The investment firm Silver Lake plans to focus on only giant takeovers, as its rivals instead keep busy with smaller deals. (FT)Artificial intelligenceTop news publishers, including The New York Times Company, are reportedly discussing the creation of a coalition to address the effects of artificial intelligence on their industry. (WSJ)“How Easy Is It to Fool A.I.-Detection Tools?” (NYT)Best of the restSome applicants for jobs at Bill Gates’s private investment firm were reportedly asked invasive personal questions by a third-party contractor that some experts contend were illegal. (WSJ)OPEC banned reporters from three major news organizations from its next meeting, the second time it has done so in a month. (Bloomberg)Britain could renationalize its biggest water utility after the sudden exit of its C.E.O. and its struggles under $17 billion worth of debt. (Sky News)South Koreans became a year or two younger instantly yesterday. (NYT)We’d like your feedback! Please email thoughts and suggestions to dealbook@nytimes.com. More