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      Three Years After Jan. 6, Trump’s Immunity Claims to Take Center Stage

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      An appeals court will hear arguments on Tuesday over the former president’s attempt to shut down the federal election case. Much is riding on how — and how quickly — the issue is decided.Three years after a mob of his supporters stormed the Capitol, former President Donald J. Trump will make his latest and potentially most consequential argument in the coming week for why he should not be held responsible for seeking to overturn the 2020 election.Impeachment proceedings, the House Jan. 6 committee’s inquiry and two separate criminal investigations have established a comprehensive set of facts about Mr. Trump’s deep involvement in overlapping efforts to remain in office despite having been defeated at the polls.But when — or even whether — he will ultimately face a trial on charges related to those efforts remains unclear. One of the most decisive factors in getting an answer to those questions will be the success or failure of the arguments his legal team plans to make on Tuesday in a federal appeals court in Washington.Mr. Trump’s lawyers are banking on a long shot, hoping to convince a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit that the Constitution affords him complete immunity from actions he undertook as president. The assertion, while untested in the courts, has the advantage to the former president of chewing up time in the service of his strategy of trying to delay any trial until after Election Day.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      The big themes in 2024: elections, antitrust and shadow banking.

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      From elections and A.I. to antitrust and shadow banking, here are the big themes that could define the worlds of business and policy.What we’re watching in 2024 Andrew here. As we look ahead to the new year, the DealBook team has identified about a dozen themes that are likely to become running narratives that could define the business and policy ecosystem for the next 12 months.Of course, the presidential election, perhaps one of the most polarizing in history, is going to infect every part of the business world. Watch out for which C.E.O.s and other financiers back candidates — and, importantly, which ones go silent — and how companies deal with outspoken employees. Also: Look for some wealthy executives to avoid giving directly to candidates but instead donate to PACs as a shield, of sorts, from public scrutiny.Another story line that will probably remain part of the water cooler — er, Slack and X — conversation in business is the backlash against environmental, social and corporate governance principles, or E.S.G. This fight has manifested itself into a political battle and increasingly found its way in the past year into a debate about free speech on campuses (another theme that isn’t going away).Here’s a bit more detail on what we’re looking out for this year.The U.S. presidential election. The race seems set to come down to a rerun of 2020, with Donald Trump leading opinion polls to be the Republican candidate despite his mounting legal battles. The big question is how business leaders will respond. Will they coalesce around (and direct their money to) an anyone-but-Trump candidate? Nikki Haley, the former governor of South Carolina, is leading that race, but she has a long way to go to catch up to Trump. President Biden, who has made a series of consequential decisions on the economy, hopes voters will start to feel an economic upswing to reverse his sagging poll ratings.Private credit could be hit by a wave of defaults. Just as 1980s-style leveraged buyouts have been rechristened “private equity,” so too has “shadow banking” been rebranded as “private credit” and “direct lending” in time for the business to reach its highest levels yet. Direct lending by investment firms and hedge funds has become a $1.5 trillion titan, with scores of companies turning to the likes of Apollo and Ares for loans instead of, say, JPMorgan Chase.But the industry may face a test in 2024: Indebted borrowers, facing looming debt maturities and high interest rates, already are turning to private credit for yet more loans, raising concerns that lenders could face a wave of defaulting clients. A string of failures could hit these lenders hard, skeptics fear — leaving pension funds, insurers and other backers of private credit funds holding the bag.Paramount Pictures may be sold, a move that could be the start of a year of media deal-making.Hunter Kerhart for The New York TimesMedia deal mania? Reports that David Zaslav, the C.E.O. of Warner Bros. Discovery, held talks last month about a potential merger with Paramount set off a wave of speculation that 2024 would be a year of media consolidation. The industry has been transformed in recent years by the growth of streaming, changes in the way people consume media and big tech’s encroachment into sectors typically dominated by old-school media companies. Now, the industry is on the cusp of the next major shift with the rise of artificial intelligence.One date to put in your diary: April 8, 2024, the two-year anniversary of the merger of Warner Media and Discovery to create Warner Bros. Discovery — and the first day that the new company can be sold without risking a big tax bill.Will unions maintain their momentum? Organized labor had a banner year in 2023, with big wins in fights with Hollywood studios and the auto industry. Whether that signals a permanent turnaround for the labor movement is up for debate. But the election most likely will be a key factor. Both Biden and Trump tried to woo striking autoworkers this year, so expect more efforts to win over blue-collar voters.Middle East money will keep flowing. Tensions with China and economic sanctions have made it increasingly difficult for companies to raise money from a place that used to be top of the list. Middle Eastern investors have picked up the slack. Saudi Arabia, the United Arab Emirates, Qatar and others are spending money as they look to diversify their fossil fuel-dependent economies. The sectors are wide-ranging, including sports, tech companies, luxury, retail and media. Critics say the petrostates with dubious human rights records are trying to launder their reputations, but that hasn’t stopped Western business from seeking their lucre.One trend to watch: the growing ties between China and Middle Eastern money. Beijing is trying to deepen links with countries outside of Washington’s orbit or, at least, with those willing to play both sides.Lina Khan, the chair of the F.T.C., will keep challenging big deals despite losing some legal fights in 2023.Haiyun Jiang for The New York TimesMore antitrust fights. A tough year for regulators — like Lina Khan at the F.T.C. and Jonathan Kanter of the Justice Department — ended with two wins after both Illumina and Adobe called off multibillion-dollar takeovers in the face of government pressure. Enforcers could already claim some success by forcing deal makers to weigh whether a big deal is worth pursuing, given the potential risk that they might have to spend months in court defending it. Don’t expect Khan to ease the pressure; do expect more antitrust fights.New climate disclosure rules. Public companies have been bracing for years for new climate-related disclosure rules from the S.E.C. In 2021, the agency signaled that climate change would be one of its priorities. About a year later, Gary Gensler, the S.E.C. chair, proposed new rules. The most contentious aspect of the draft regulations was a requirement that large companies disclose greenhouse gasses emitted along their value chain. The new rules are set to be finalized in the spring. But the probable lawsuits could go all the way to the Supreme Court.Another election to watch: India’s. The world’s biggest democracy and a rising superpower, India will go to the polls in April and May. Prime Minister Narendra Modi is benefiting from the West’s search for a regional bulwark to counter China. Business is looking at opportunities in India, as companies work to diversify their supply chains and tap into a fast-growing economy. The election will also be a crucial early test of how A.I. can factor into the spread of (mis)information during an election.Workplace shake-up. In late 2022, the release of ChatGPT propelled A.I. into the public consciousness. In 2023, companies experimented with new ways to build the technology into their operations, but few had yet to overhaul their procedures to cope with it. It’s still not clear exactly what A.I. will mean for jobs, but in 2024 we may see more companies making decisions about its use in ways that will have consequences for workers.The other big topic workplaces are grappling with is the response to the war in Gaza. Some companies are already considering changes to their workplace diversity, equity and inclusion programs, and executives face some of the same pressures as university presidents when it comes to how to handle their statements and responses to incidents related to the war. More

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      Biden’s Christian ‘Persecution’? We Assess Trump’s Recent Claims.

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      Former President Donald J. Trump has repeatedly accused the Biden administration of criminalizing Christians, and Catholics in particular, for their faith. Here are the facts.Former President Donald J. Trump has repeatedly tried to appeal to Christian voters in recent weeks by accusing the Biden administration of criminalizing Americans for their faith.On multiple occasions this month, Mr. Trump has claimed that President Biden has “persecuted” Catholics in particular. Mr. Biden himself is Catholic.“I don’t know what it is with Catholics,” Mr. Trump said during a rally in Coralville, Iowa. “They are going violently and viciously after Catholics.”Mr. Trump repeated similar comments days later at another rally, in Waterloo, and in a video posted before Christmas he said that “Americans of faith are being persecuted like nothing this nation has ever seen before.”The message fits into a larger theme for Mr. Trump, who — facing criminal charges in relation to his bid to say in office after losing the 2020 election and criticism for praising strongmen — has tried to paint Mr. Biden and Democrats as being the real threat to democracy.Here’s a closer look at his claims.WHAT WAS SAID“Under Crooked Joe Biden, Christians and Americans of faith are being persecuted like nothing this nation has ever seen before. Catholics in particular are being targeted and evangelicals are surely on the watchlist as well.”— in a video on Truth Social this monthFalse. Experts say they are unaware of any data to support the idea that Catholics in the United States are being persecuted by the government for their faith — let alone at record levels.“In terms of the evidence, I find it to be pretty hard to kind of support the idea that there’s a concerted, marked increase in a particular kind of Christian targeting,” said Jason Bruner, a religious studies professor at Arizona State University and historian who studies Christian persecution.Instead, Mr. Bruner said, it’s most likely that Mr. Trump is extrapolating from cases — say, churches that faced penalties for congregating during the Covid pandemic or anti-abortion activists who have been charged with crimes — to suggest a systemic issue.“There’s a long history of discrimination against Catholics in the United States, from the framing way through the 1970s,” said Frank Ravitch, a professor of law and religion at Michigan State University. “And if anything, it’s probably better now in terms of nondiscrimination than it ever, probably, ever has been.”Mr. Trump’s claims, Mr. Ravitch said, show “such an incredible blindness to the history of anti-Catholicism in the U.S.”Advocates who track Christians fleeing persecution around the world note that the Biden administration has been gradually increasing the number of refugees admitted into the United States after the number dropped precipitously during the Trump era. At the end of fiscal year 2023, the country recorded about 31,000 Christian refugee arrivals — about half of all refugees and the highest number recorded since fiscal year 2016. (Not all were necessarily fleeing persecution on religious grounds.)“We’re encouraged by that trajectory,” said Matthew Soerens, vice president of advocacy and policy at World Relief, a Christian humanitarian organization that has pushed the Biden administration to establish policies welcoming those facing faith-based discrimination.The Trump campaign did not respond to requests for the sources behind his claims.WHAT WAS SAID“Over the past three years, the Biden administration has sent SWAT teams to arrest pro-life activists.”— in a video on Truth Social this monthThis is misleading. The Justice Department has initiated an increasing number of criminal prosecutions under a law that makes it a violation to interfere with reproductive health care by blocking entrances, using threats or damaging property. In at least one case, a defendant’s family claimed he was arrested by a “SWAT” team, but the Federal Bureau of Investigation said that was not the case.The law is called the Freedom of Access to Clinic Entrances, or FACE, Act and was enacted in 1994. Federal prosecutors have used it to initiate 24 criminal cases, involving 55 defendants, since January 2021, according to the Justice Department.While a majority of those cases have involved acts at facilities that provided abortion services, prosecutors have also used it to charge several individuals who supported abortion access and targeted Florida centers that offered pregnancy counseling and abortion alternatives.Moreover, Mr. Trump omits that such arrests are not for “pro-life” activism but for specific actions, including violence, that prosecutors argue were attempts at blocking access to or interfering with reproductive health care services.In one case, federal attorneys charged a man for allegedly using a slingshot to fire metal ball bearings at a Chicago-area Planned Parenthood clinic. In another, prosecutors said that a New York man used locks and glue to prevent the opening of a clinic’s gate. And three men were accused of firebombing a clinic in California; one recently pleaded guilty.Mr. Trump’s claims about the use of “SWAT teams” may be a reference to the 2022 arrest of a Catholic activist in Pennsylvania. The defendant, Mark Houck, was charged with shoving a volunteer at a Planned Parenthood center in Philadelphia in 2021. Mr. Houck’s defense maintained that he was responding to abusive comments made toward his 12-year-old son by the volunteer. He was acquitted earlier this year.Republican lawmakers have criticized Mr. Houck’s arrest by armed agents, but the F.B.I. has rejected the claim that it used a SWAT team and said its tactics were consistent with standard practices.“There are inaccurate claims being made regarding the arrest of Mark Houck,” the F.B.I. said in a statement. “No SWAT team or SWAT operators were involved. F.B.I. agents knocked on Mr. Houck’s front door, identified themselves as F.B.I. agents and asked him to exit the residence. He did so and was taken into custody without incident pursuant to an indictment.”Christopher A. Wray, the F.B.I. director, when asked about the circumstances of Mr. Houck’s arrest, has said such decisions are made at the local level, “by the career agents on the ground, who have the closest visibility to the circumstances.”WHAT WAS SAID“The F.B.I. has been caught profiling devout Catholics as possible domestic terrorists and planning to send undercover spies into Catholic churches, just like in the old days of the Soviet Union.”— in a video on Truth Social this monthThis needs context. Mr. Trump was likely referring to a leaked January memo prepared by the F.B.I.’s field office in Richmond, Va., that warned of the potential for extremism for adherents of a “radical-traditionalist Catholic” ideology. Republicans have criticized the memo for months.But the memo was withdrawn and the nation’s top law enforcement officials have repeatedly denounced it.The memo warned of potential threats ahead of the 2024 election and suggested gathering information and developing sources within churches to help identify suspicious activity. It also distinguished between those radicalized and not radicalized, saying “radical-traditionalist Catholics” were a small minority.Some researchers believe there is some merit to those concerns, even if the memo was flawed. Mr. Ravitch, the Michigan State University professor, said he believed agents erred in focusing on Catholicism. “What they’re really talking about is an extremely radical brand of Christian nationals,” he said, emphasizing that they are a small subset and not representative of the Roman Catholic Church or evangelicals.Attorney General Merrick B. Garland said during a September congressional hearing that he was “appalled” by the memo and that “Catholics are not extremists.” He called suggestions that the government was targeting Americans based on their faith “outrageous,” referencing the fact that his own family fled Europe to escape antisemitism before the Holocaust.And earlier this month during a Senate hearing, Mr. Wray said of the document: “That particular intelligence product is something that, as soon I saw it, I was aghast. I had it withdrawn.”In a statement this week, the F.B.I. reiterated, “Any characterization that the F.B.I. is targeting Catholics is false.”Curious about the accuracy of a claim? Email factcheck@nytimes.com. More

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      Judge Gives Prosecutors Access to G.O.P. Lawmaker’s Messages in Jan. 6 Case

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      The roughly 1,700 messages are from the cellphone of Representative Scott Perry, who was involved in discussions with Trump administration officials about overturning the election.A federal judge has allowed the special counsel investigating former President Donald J. Trump’s attempt to overturn the 2020 election access to about 1,700 messages from the seized phone of Representative Scott Perry of Pennsylvania.Mr. Perry, the chairman of the right-wing House Freedom Caucus who played a role in attempts to overturn the election, had sought to keep the messages from prosecutors. But in an order late Tuesday, James E. Boasberg, the chief judge of the Federal District Court in Washington, prohibited federal prosecutors from retrieving just 396 messages from more than 2,000.Judge Boasberg wrote that those messages were covered by the Constitution’s speech or debate clause, which provides protections for lawmakers’ legislative discussions, while also ordering that a majority be turned over.The messages could offer additional evidence for Jack Smith, the special counsel leading the federal election case against Mr. Trump. Judge Boasberg said they concerned Mr. Perry’s attempts to get information about possible voter fraud; influence people outside the federal government; discuss Vice President Mike Pence’s certification of Joseph R. Biden Jr.’s victory; and communicate about the Jan. 6, 2021, attack on the Capitol.A lawyer for Mr. Perry did not immediately respond to a request for comment.As federal officials investigated the effort to overturn the 2020 election, the F.B.I. seized Mr. Perry’s personal cellphone in the summer of 2022 and created a forensic copy of its contents. The F.B.I. later returned the phone and told Mr. Perry he was not the target of the investigation, his lawyer said at the time.“The Justice Department informed us that Representative Perry is not a target of its investigation,” the lawyer, John Irving, said in a statement. “Representative Perry has directed us to cooperate with the Justice Department in order to ensure that it gets the information it is entitled to, but to also protect information that it is not entitled to.”Mr. Perry then filed a motion to prohibit investigators from getting the messages, arguing that they were protected under the Constitution. He lost that motion, but an appellate court ordered a judge to review the communications on a document-by-document basis.In the weeks after the 2020 election, Mr. Perry was among at least 11 Republican members of Congress involved in discussions with Trump administration officials about overturning the results, according to the House committee that investigated the Jan. 6 attack. Those included plans to pressure Mr. Pence to throw out electoral votes from states won by Mr. Biden. Mr. Perry also endorsed the idea of encouraging supporters to march to the Capitol, the committee said.He played an active role in the attempt to replace Jeffrey A. Rosen, then the acting attorney general, with a more compliant official, Jeffrey Clark. More

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      Ex-N.Y.P.D. Officer Sentenced to 22 Months for Her Role in Jan. 6 Riot

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      Sara Carpenter slapped a police officer while wielding a tambourine when former President Donald J. Trump’s supporters stormed the Capitol, prosecutors said.A former New York City police officer was sentenced on Tuesday to 22 months in prison for her role in the Capitol riot on Jan. 6, 2021, during which, federal prosecutors said, she pushed against and slapped police officers while yelling and wielding a tambourine.The sentencing of the former officer, Sara Carpenter, followed her conviction in March on several felony and misdemeanor counts, including civil disorder, obstruction of an official proceeding and entering or remaining in a restricted building or ground, court records show.Ms. Carpenter, 54, of Richmond Hill, Queens, is among more than 1,200 people — and one of at least 15 with law enforcement ties — to be criminally charged in connection with the Jan. 6 riot, according to court records and a Justice Department news release.She and other supporters of former President Donald J. Trump stormed the Capitol that day in a bid to disrupt the certification of President Biden as the winner of the 2020 election. Mr. Trump has been charged with conspiracy and the corrupt obstruction of an official proceeding as a result of the riot, and a federal investigation into the day’s events is continuing.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Prosecutors Ask Judge to Deny Trump’s Request to Freeze Election Case

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      The special counsel Jack Smith told the judge she should keep the trial’s start date in March and continue making decisions as the former president appeals one of her rulings.Federal prosecutors on Sunday asked the judge handling former President Donald J. Trump’s trial on charges of plotting to overturn the 2020 election to reject his request to freeze the case in its entirety as Mr. Trump appeals her recent ruling that he is not immune from prosecution.The prosecutors told the judge, Tanya S. Chutkan, that even as the former president’s appeal of the immunity decision moved forward, she should continue working on several of the unresolved legal issues in the case and not postpone the trial’s current start date of March 4.“During the pendency of the appeal, any number of matters could arise in this case that are not involved in the appeal,” wrote Molly Gaston, a top deputy to Jack Smith, the special counsel who is overseeing Mr. Trump’s federal prosecutions. “The court should not enter an order preventing it from handling them.”“For its part,” Ms. Gaston went on, “in light of the public’s strong interest in a prompt trial, the government will seek to ensure that trial proceeds as scheduled.”The three-page filing by Ms. Gaston came just days after Mr. Trump’s lawyers asked Judge Chutkan to pause all of the dates and deadlines associated with the proceeding until the appeal of her decision denying their immunity claims is resolved.The expansive stay Mr. Trump’s lawyers have asked for would in essence stop the case in its tracks. The appeal is the centerpiece of a long-planned strategy by the former president’s legal team to postpone the trial in Federal District Court in Washington until after the 2024 election.This month, Judge Chutkan turned down Mr. Trump’s sweeping claims that he enjoyed “absolute immunity” from the election interference indictment because it was based on actions he took while he was in office.In her ruling, she condemned his attempts to “usurp the reins of government” and said there was nothing in the law, the Constitution or American history upholding the idea that a former president should not be bound by the federal penal code.Mr. Trump’s lawyers have already moved to challenge that decision in front of a federal appeals court in Washington and plan to keep appealing it all the way to the Supreme Court, if needed. But winning the argument is only one of their goals. They are also hoping to eat up time and postpone the case from going to trial for as long as they can.If the trial were to be put off until after the election and Mr. Trump were to win, he could have his attorney general simply dismiss the charges. Holding a trial after the presidential race was over would also mean that voters would never get to hear any of the evidence that prosecutors have collected about Mr. Trump’s expansive efforts to reverse the results of the last election before weighing in on whether to elect him again in 2024.Mr. Smith’s team has suggested in court papers that it knew Mr. Trump would seek to use the immunity appeal to delay the case. Last month, the prosecutors specifically asked Judge Chutkan to make her decision on the question quickly so that the appellate process could get underway.But in her filing on Sunday evening, Ms. Gaston suggested there was no reason Judge Chutkan could not make rulings on other outstanding issues in the case as the appeal went forward. Among those issues is an unresolved motion by Mr. Trump’s lawyers to have the election charges dismissed because they represent what they have described as a partisan attack against him by President Biden.While the defense and the prosecution have been sparring for months over the timing of the election interference trial, they have more recently been fighting over something else: a number of “speculative and conspiratorial” theories, as the government has called them, that Mr. Trump has indicated he may raise during the trial.On Saturday night, in a separate set of court papers, prosecutors pushed back against those theories, which could serve as the basis for one of Mr. Trump’s lines of defense at trial: suggesting, that in reassuring the public that the 2020 election was conducted fairly, the so-called deep state was in fact misleading the nation, an assertion that lacks any credible basis.In the papers filed on Saturday, Thomas P. Windom, another one of Mr. Smith’s top deputies, dismissed the notion — first brought up last month by Mr. Trump’s lawyers — that the SolarWinds computer hack engineered by Russia might have affected the results of the election.Mr. Windom also rejected as “bewildering” Mr. Trump’s claim that a statement issued by the country’s top cybersecurity official saying that the 2020 election had been safe was “part of a partisan effort to provide false assurances to the public.”Mr. Windom had little patience for yet another conspiratorial claim raised by Mr. Trump: that a cabal of politically motivated intelligence and national security officials had worked together after the election to convince him that no voting machines had been compromised and that the vote count had in fact been accurate.Calling the idea “theatrical,” Mr. Windom said prosecutors never found a shred of evidence during their long investigation that “a domestic or foreign actor flipped a single vote in a voting machine.”He also revealed how deeply the inquiry delved into the country’s national security community, noting that investigators interviewed the former director of national intelligence, the former national security adviser and his deputy, the former secretary of defense and the former leadership of the Justice Department. Asked if they were aware of any evidence of meddling in the election results, “the answer from every single official was no,” Mr. Windom’s filing said. More

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      Appeals Court Upholds Trump Gag Order in Election Case, but Narrows Terms

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      The decision largely left in place an order limiting what the former president can say about his upcoming federal trial but allowed him more leeway to criticize Jack Smith, the special counsel.A federal appeals court on Friday upheld the gag order imposed two months ago on former President Donald J. Trump in the criminal case accusing him of plotting to overturn the 2020 election, but narrowed its terms to allow him to keep attacking one of his main targets: Jack Smith, the special counsel overseeing his federal prosecutions.The fight over the gag order has pitted the First Amendment rights of a presidential candidate against fears that his vitriolic language could spur his supporters to violence against participants in the case. While the U.S. Court of Appeals for the District of Columbia Circuit agreed that a gag order was justified, its adjustments gave Mr. Trump broader latitude to lash out at some of the people he has been targeting for months.In its ruling, a three-judge panel sought to strike a cautious balance between what it called “two foundational constitutional values”: the integrity of the judicial system and Mr. Trump’s right to speak his mind.To that end, the panel kept in place the gag order’s original measures restricting Mr. Trump from attacking any members of Mr. Smith’s staff or the court staff involved in the case. It also preserved provisions that allowed Mr. Trump to portray the prosecution as a political vendetta and to directly criticize the Biden administration and the Justice Department.And in one respect, the court expanded the restrictions, adding a measure barring Mr. Trump from commenting on the relatives of lawyers or court staff members involved in the case if the remarks were intended to interfere with how the trial participants were doing their jobs.“We do not allow such an order lightly,” Judge Patricia A. Millett wrote for the panel. “Mr. Trump is a former president and current candidate for the presidency, and there is a strong public interest in what he has to say. But Mr. Trump is also an indicted criminal defendant, and he must stand trial in a courtroom under the same procedures that govern all other criminal defendants. That is what the rule of law means.”But the court cut back on the gag order in two important ways. In addition to freeing Mr. Trump to go after Mr. Smith, the public face of the prosecution, it relaxed a flat restriction against targeting witnesses — allowing Mr. Trump to criticize them if his remarks were not connected to their roles in the case.After the trial judge, Tanya S. Chutkan, first imposed the gag order on Mr. Trump in Federal District Court in Washington in October, Mr. Trump appealed seeking to get it overturned entirely as unconstitutional. As it hinted it might do at oral arguments last month, the appellate panel instead kept a version in place, but modified some of its terms.The modifications to the order mean that Mr. Trump can now return to using some of his favorite social media epithets and refer to Mr. Smith, as he has numerous times, as a “thug” or as “deranged.” The alterations also mean that Mr. Trump can lash out in a limited way against those of his political adversaries who also may be witnesses in the election interference trial, including former Vice President Mike Pence and former Attorney General William P. Barr.Asked for comment, the Trump campaign issued a statement saying the appeals court had struck down “a huge part of Judge Chutkan’s extraordinarily overbroad gag order.” Mr. Trump’s lawyers have promised to challenge the gag order all the way to the Supreme Court.The appeals court’s ruling rejected many of Mr. Trump’s legal team’s arguments for lifting the gag order entirely, including that his remarks are all constitutionally protected as political speech, that he could not be held responsible for his listeners’ responses to his speech, and that the court could not proactively gag him before any harm was shown to have occurred.“Many of former President Trump’s public statements attacking witnesses, trial participants, and court staff pose a danger to the integrity of these criminal proceedings,” Judge Millett wrote. “That danger is magnified by the predictable torrent of threats of retribution and violence that the district court found follows when Mr. Trump speaks out forcefully against individuals in connection with this case and the 2020 election aftermath on which the indictment focuses.”But the original order, she said, “sweeps in more protected speech than is necessary,” so the First Amendment required a narrower tailoring of the restriction.Judge Millett and her two colleagues on the panel of the U.S. Court of Appeals for the District of Columbia — Judges Cornelia Pillard and Brad Garcia — were appointed by Democratic presidents. Judge Chutkan was also put on the bench by a Democrat.While gag orders are not uncommon in criminal prosecutions, the order imposed in the election interference case has resulted in a momentous clash. Mr. Smith’s prosecutors have sought to protect themselves and their witnesses from Mr. Trump’s “near-daily” social media barrages, while the former president has argued that the government has tried to censor his “core political speech” as he mounts another bid for the White House.Mr. Trump has often blurred the lines between his criminal cases and his presidential campaign, using court appearances to deliver political talking points and employing public remarks to assail his prosecutions as a form of persecution.Complicating matters, several of his political adversaries, including Mr. Pence, are likely to be witnesses against him when the election subversion case goes to trial as early as March.The decision by the appeals court means that the two gag orders placed on Mr. Trump — one in the federal election case and the other in his civil fraud case in Manhattan — have now been reinstated after judges had temporarily paused them.Late last month, a state appeals court in New York put back in place a gag order barring Mr. Trump from attacking the court staff in his civil trial. More

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      Trump Seeks to Use Trial to Challenge Findings That 2020 Election Was Fair

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      The former president’s lawyers in his federal trial on charges of trying to overturn the election are asking to collect a wide range of evidence — including on unrelated issues like Hunter Biden.Lawyers for former President Donald J. Trump said in court papers that they planned to question the findings of several government agencies that the 2020 election was conducted fairly as part of their efforts to defend Mr. Trump against federal charges that he sought to overturn the results of the race.The lawyers also suggested in the papers that they intended to raise a host of distractions as part of their defense, indicating that they want to drag unrelated matters like Hunter Biden’s criminal prosecution and the investigation into former Vice President Mike Pence’s handling of classified documents into the election interference case.The twin filings by Mr. Trump’s lawyers late on Monday were formal requests to the prosecution to provide them with reams of additional material that they believe can help them fight the conspiracy indictment accusing Mr. Trump of seeking to subvert the lawful transfer of presidential power three years ago and stay in office despite his loss to Joseph R. Biden Jr.Criminal defendants routinely make such requests in what are known as motions to compel discovery, but many of those made in Mr. Trump’s two filings were long-shot efforts that are likely to be rejected. Ultimately, Judge Tanya S. Chutkan, who is overseeing the election interference case, will have the power to decide which, if any, of the records Mr. Trump will get.But even if his lawyers get far less than what they asked for, the scope of their requests can be read as a kind of outline of how they plan to fight the case, which is set to go to trial in March in Federal District Court in Washington.At the heart of their strategy, the court papers say, is a plan to call into question findings made by the intelligence community, the F.B.I. and other federal agencies that the election was not marred by widespread fraud.The lawyers intend to argue that government reports upholding the integrity of the election were in fact a “partisan effort to provide false assurances to the public.” By questioning the consensus that the election was secure, the lawyers are hoping to show that Mr. Trump was acting in good faith when he spread lies that the vote count had been rigged — a move that could weaken the prosecution’s attempts to prove his criminal intent.To make that argument, Mr. Trump’s legal team has asked Judge Chutkan to force the special counsel, Jack Smith, who is prosecuting the federal cases against the former president, to give it any internal government records that cut against the dominant view that the election had been conducted fairly.Those requests were only some of the 59 separate demands for records made in more than 70 pages of court papers submitted by Mr. Trump’s legal team. Looking for anything that could help them prove the race was not secure, the lawyers made additional requests for information about how federal officials assessed cyberattacks around the time of the election and about attempts by foreign governments to interfere in it.Suggesting yet another defense strategy, the lawyers also asked for any records that could help them undermine Mr. Smith’s contention that Mr. Trump was responsible for the violence that erupted at the Capitol on Jan. 6, 2021. They specifically asked Judge Chutkan to allow them access to any information about security measures implemented at the Capitol before the attack and about the presence of federal agents or informants who were on the ground during the riot.Almost from the moment the election interference indictment was handed up in August, Mr. Trump’s lawyers have tried to paint the case as a direct attempt by Mr. Biden to sabotage the man who is likely to be his chief rival in the 2024 election. They have advanced that argument not only without any evidence, but also in spite of the fact that the charges were filed by Mr. Smith, an independent prosecutor.The lawyers have specifically accused Mr. Biden of seeking to have Mr. Trump indicted in retaliation for the investigation of Hunter Biden, who was indicted in September on federal gun charges in a separate prosecution. And the discovery filings on Monday suggested that Mr. Trump’s lawyers would like nothing better than to muddy the waters of the election interference case by introducing evidence at trial about Hunter Biden.To that end, the lawyers requested any information concerning “coordination” between the Justice Department and the Biden administration or Mr. Biden’s family.In another far-fetched request, the lawyers asked for any records concerning dealings that the Justice Department had with Mr. Pence, who was investigated earlier this year after he returned to federal officials several classified documents he had kept when he left office.In their filing, Mr. Trump’s lawyers suggested without citing any evidence that Mr. Pence, who is likely to be a key government witness at the election interference trial, had “an incentive to curry favor with authorities” because of the potential charges he faced in his classified documents inquiry.Judge Chutkan will not issue a ruling on Mr. Trump’s requests until after prosecutors working for Mr. Smith respond to them next month. And her eventual decree about discovery is only one of several important decisions she will have to make in coming days.She is poised to issue an order about Mr. Trump’s claims that he enjoyed “absolute immunity” from the election charges because the indictment arose from official actions he took while in the White House. She is also expected to decide whether to allow cameras into her courtroom and televise the trial. More