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      Jack Smith’s Experience in The Hague and the Trump Investigations

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      Donald Trump openly flatters foreign autocrats such as Vladimir V. Putin and Saudi Arabia’s Crown Prince Mohammed bin Salman, and in many ways Mr. Trump governed as authoritarians do around the globe: enriching himself, stoking ethnic hatreds, seeking personal control over the courts and the military, clinging to power at all costs. So it is especially fitting that he has been notified that he may soon be indicted on charges tied to alleged efforts to overturn the 2020 election by an American prosecutor who is deeply versed in investigating the world’s worst tyrants and war criminals.Jack Smith, the Justice Department special counsel — who has already indicted Mr. Trump on charges of illegally retaining secret documents and obstructing justice — has a formidable record as a career federal prosecutor in Tennessee, New York and Washington. Yet he also has distinctive expertise from two high-stakes tours of duty as an international war crimes prosecutor: first at the International Criminal Court and then at a special legal institution investigating war crimes in Kosovo. For several momentous years in The Hague, he oversaw investigations of foreign government officials and militia members who stood accused of war crimes, crimes against humanity and genocide.There are two competing visions of national and international justice at play in Mr. Smith’s investigation of Mr. Trump. One is the lofty principle that even presidents and prime ministers must answer to the law. The other is the reality that such powerful leaders can try to secure their own impunity by decrying justice as a sham and rallying their followers, threatening instability and violent backlash. These tensions have defined the history of international war crimes prosecutions; they marked Mr. Smith’s achievements in court; they are already at play in Mr. Trump’s attempts to thwart the rule of law.Start with the ideals. The United States championed two international military tribunals held at Nuremberg and Tokyo after World War II, which put senior German and Japanese leaders on trial for aggression, war crimes and crimes against humanity. Henry L. Stimson, the U.S. secretary of war, privately exhorted Franklin Delano Roosevelt that even Nazi war criminals should be given a “well-defined procedure” including “at least the rudimentary aspects of the Bill of Rights.”Both the Nuremberg and Tokyo trials convicted senior leaders for atrocities committed while in government, treating their deeds not as acts of state but as personal crimes punishable by law. After the Cold War, these principles of legal punishment for the world’s worst criminals were revived with United Nations tribunals for the former Yugoslavia and Rwanda, as well as special courts for East Timor, Sierra Leone and elsewhere.Mr. Smith hewed to the ideal of individual criminal responsibility as the prosecutor for the Kosovo Specialist Chambers, which was created under U.S. and European pressure to investigate war crimes and crimes against humanity from 1998 to 2000 related to Kosovo’s struggle for independence from Serbia. Although part of Kosovo’s legal system, the institution is headquartered in The Hague and staffed by international judges and personnel — which is how Mr. Smith, a U.S. citizen, wound up serving as its specialist prosecutor.In June 2020, his office revealed that it was seeking to indict Hashim Thaci, then Kosovo’s popular president, who was on his way to the White House for a summit with Serbia convened by the Trump administration. Mr. Thaci, a former Kosovo Liberation Army guerrilla leader, returned home, later resigning as president and being detained in The Hague in order to face several counts of war crimes and crimes against humanity in an ongoing trial that could last for years.It is always difficult and risky to prosecute national leaders with some popularity among their people. Savvy dictators will often secure a promise of amnesty as the price for a transition of power, which is why a furtive impunity — such as that promulgated in Chile by Gen. Augusto Pinochet’s military government in 1978 — is more common than spectacular trials such as Nuremberg or Tokyo. In order to impose justice on Nazi Germany and Imperial Japan, the Allies had to commit to a devastating policy of unconditional surrender, which meant that German and Japanese war criminals could not negotiate for their own necks. Even so, the Truman administration quietly undercut that pledge of unconditional surrender for Emperor Hirohito, fearing that the Japanese might fight on if he was prosecuted as a war criminal. The Truman administration left the emperor securely in the Imperial Palace while his prime ministers and generals were tried and convicted by an Allied international military tribunal in Tokyo.At an earlier point in his career, from 2008 to 2010, Mr. Smith worked as the investigation coordinator in the prosecutor’s office at the International Criminal Court, the permanent international war crimes tribunal based in The Hague. Although 123 countries from Afghanistan to Zambia have joined the I.C.C., the tribunal was a bugbear for the Trump administration; Mr. Trump’s national security adviser, John Bolton, vowed to let it “die on its own,” while his secretary of state, Mike Pompeo, reviled it as a “renegade, unlawful, so-called court.”Anyone working at the I.C.C. must understand how constrained and weak the court actually is. In 2009 and 2010, the I.C.C. issued arrest warrants for Sudan’s president, Omar Hassan al-Bashir, charging him with war crimes, crimes against humanity and genocide in the Darfur region; he is still at large, even after being overthrown. When a prominent Kenyan politician, Uhuru Kenyatta, was charged with crimes against humanity after ethnic violence in the wake of his country’s 2007 presidential election, he decried the I.C.C. as a neocolonial violation of Kenya’s sovereignty. In 2013 he was narrowly elected president of Kenya. In 2014, the I.C.C. prosecutor dropped the charges against Mr. Kenyatta, fuming that Kenya’s government had obstructed evidence and intimidated witnesses.From Kenya to Kosovo, Mr. Smith presumably knows all too well how an indicted politician can mobilize his loyalists to defy and obstruct a prosecution. When Mr. Thaci’s trial started in The Hague in April, some Kosovars rallied in support of a leader seen by them as a heroic guerrilla fighter against Serbian oppression. Mr. Smith’s office has complained that Mr. Thaci and other suspects were trying to obstruct and undercut the work of prosecutors, as well as convicting two backers of the Kosovo Liberation Army for disseminating files stolen from the office.Mr. Trump is already instinctively following a similar playbook of bluster and intimidation — even though he is not facing an international tribunal, but the laws of the United States. He has compared the F.B.I. agents investigating him to the Gestapo and smeared Mr. Smith as “deranged,” while crudely warning an Iowa radio show that it would be “very dangerous” to jail him since he has “a tremendously passionate group of voters.”Yet Mr. Trump will find that Mr. Smith has dealt with the likes of him — and worse — before. The American prosecutor is well equipped to pursue the vision of a predecessor Robert H. Jackson, the eloquent Supreme Court justice who served as the U.S. chief prosecutor at Nuremberg, who declared in his opening address there: “Civilization asks whether law is so laggard as to be utterly helpless to deal with crimes of this magnitude by criminals of this order of importance.”Gary J. Bass is the author of “The Blood Telegram” and the forthcoming “Judgment at Tokyo: World War II on Trial and the Making of Modern Asia.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Trump Says Republicans Should Investigate Democrats or Risk Losing Their Seats

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      Casting Republicans as meek, former President Donald J. Trump said members of his party should pursue investigations against Democrats — or risk losing their seats.Former President Donald J. Trump lashed out at Republicans in Congress while campaigning in Pennsylvania on Saturday, threatening members of his party who do not share his appetite for pursuing corruption investigations against President Biden and his family — and for retribution.In a litany of grievances about his deepening legal woes and the direction of the country, the twice-indicted former president cast G.O.P. holdouts as meek during a rally in Erie, Pa., criticizing their response to what he described as politically motivated prosecutions against him.“The Republicans are very high class,” he said. “You’ve got to get a little bit lower class.”And then Mr. Trump, the overwhelming front-runner for the 2024 Republican presidential nomination, put party members on notice.“Any Republican that doesn’t act on Democratic fraud should be immediately primaried,” said Mr. Trump, to the roaring approval of several thousand supporters at the Erie Insurance Arena. Throughout the night he referenced the case against Hunter Biden and accused the president of complicity in his son’s troubles.It was the first solo campaign event and the second public appearance for Mr. Trump since the Justice Department added charges against him in connection with his mishandling of classified documents after leaving office.In a superseding indictment filed on Thursday in U.S. District Court in Florida, federal prosecutors presented evidence that Mr. Trump told the property manager of Mar-a-Lago, his private club and residence in Florida, that he wanted security camera footage there to be deleted.Prosecutors also charged him, along with one of his personal aides, with conspiring to obstruct the government’s repeated attempts to reclaim the classified material.On the same day that the additional charges were announced, Mr. Trump’s lawyers met with federal prosecutors to discuss another expected indictment, one centering on Mr. Trump’s efforts to overturn the 2020 election and his actions during the Jan. 6, 2021, attack on the U.S. Capitol.Mr. Trump’s rally on Saturday was his first solo campaign event since the Justice Department added new charges against him in the documents case.Maddie McGarvey for The New York TimesTo Mr. Trump’s unflinching supporters gathered inside the arena, the cascade of indictments was a punchline — if not a badge of honor.Edward X. Young, 63, a debt consolidation company consultant and part-time actor who was dressed like Elvis Presley, wore a T-shirt with a mock-up mug shot of Mr. Trump. He said he had driven 10 hours from Point Pleasant, N.J., to attend Mr. Trump’s rally, his 59th.“I think he’s being persecuted,” he said of the former president. Ruth Jenkins, 61, a Republican from Rochester, N.Y., who works for a Wegmans grocery store, said that she did not believe that Mr. Trump had been motivated to run for president to avoid criminal liability.“Well, who wouldn’t want to be kept out of prison?” she said, claiming that the latest charges against Mr. Trump were the latest attempt to shift attention away from the case against the president’s son.As Mr. Trump prepared to take the stage, campaign workers helped fill in an empty section near the back of the arena, which had been configured to seat 8,000.The playlist for the rally featured “Try That in a Small Town,” the Jason Aldean hit that was filmed at the site of a lynching and pulled from Country Music Television amid criticism.With Mr. Trump as its standard-bearer, the Republican Party has watched Democrats in Pennsylvania secure high-profile victories in the last year, including flipping a U.S. Senate seat, holding on to the governor’s office and gaining control of the statehouse.In 2020, Mr. Trump lost the battleground state by nearly 82,000 votes to Mr. Biden, who was born there.Despite several courts rejecting his election lawsuits in Pennsylvania, Mr. Trump has continued to cling to falsehoods about results, including on Saturday.“We got screwed,” he said, baselessly claiming that news outlets had delayed their race calls because he had been ahead. “I said, ‘Why aren’t they calling Pennsylvania?’”Mr. Trump, who spoke for more than 100 minutes, said that he still had not decided whether he would take part in the first Republican presidential debate, which will take place on Aug. 23 and be televised by Fox News.Mr. Trump said that there appeared to be little upside to debating on a “hostile” network — Fox News began to fall out of favor with the former president after it became the first major outlet to call Arizona for Mr. Biden in 2020 — and noted his commanding polling lead over his G.O.P. opponents. His nearest competitor, Gov. Ron DeSantis of Florida, trailed him by about 30 percentage points in national polls.“If I don’t go to the debate, they say — I’m not saying this — they say the ratings are going to be very bad,” he said. “Should I do it or not?”The crowd’s answer was resounding: “No.” More

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      New Trump Charges Highlight Long-Running Questions About Obstruction

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      The accusation that former President Donald J. Trump wanted security camera footage deleted at Mar-a-Lago added to a pattern of concerns about his attempts to stymie prosecutors.When Robert S. Mueller III, the first special counsel to investigate Donald J. Trump, concluded his investigation into the ties between Mr. Trump’s 2016 campaign and Russia, his report raised questions about whether Mr. Trump had obstructed his inquiry.Justice Department officials and legal experts were divided about whether there was enough evidence to show Mr. Trump broke the law, and his attorney general — chosen in part because he was skeptical of the investigation — cleared him of wrongdoing.Four years after Mr. Mueller’s report was released, Jack Smith, the second special counsel to investigate Mr. Trump, added new charges on Thursday to an indictment over his handling of classified documents, setting out evidence of a particularly blatant act of obstruction.The indictment says that just days after the Justice Department demanded security footage from Mar-a-Lago, his residence and private club in Florida, Mr. Trump told the property manager there that he wanted security camera footage deleted. If proved, it would be a clearer example of criminality than what Mr. Mueller found, according to Andrew Goldstein, the lead investigator on Mr. Mueller’s obstruction investigation.“Demanding that evidence be destroyed is the most basic form of obstruction and is easy for a jury to understand,” said Mr. Goldstein, who is now a white-collar defense lawyer at the firm Cooley.“It is more straightforwardly criminal than the obstructive acts we detailed in the Mueller report,” he said. “And if proven, it makes it easier to show that Trump had criminal intent for the rest of the conduct described in the indictment.”The accusation about Mr. Trump’s desire to have evidence destroyed adds another chapter to what observers of his career say is a long pattern of gamesmanship on his part with prosecutors, regulators and others who have the ability to impose penalties on his conduct.And it demonstrates how Mr. Trump viewed the conclusion of the Mueller investigation as a vindication of his behavior, which became increasingly emboldened — particularly in regards to the Justice Department — throughout the rest of his presidency, a pattern that appears to have continued despite having lost the protections of the office when he was defeated in the election.In his memoir of his years in the White House, John R. Bolton, who served as Mr. Trump’s third national security adviser, described Mr. Trump’s approach as “obstruction as a way of life.”In the hours after the new charges became public, Mr. Trump, whose advisers have been blunt that he must win the election to overcome his legal challenges, highlighted the stakes for him of the 2024 election.He suggested in an interview with a right-wing news site that if he is elected, he will use the powers of the presidency to insulate himself from legal accountability on the documents case and the other inquiry being conducted by Mr. Smith into Mr. Trump’s efforts to retain power after his 2020 election loss.Jack Smith, the second special counsel to investigate Mr. Trump, added new charges on Thursday.Kenny Holston/The New York Times“I wouldn’t keep him,” Mr. Trump told Breitbart, the news site, in response to a question about whether he would fire Mr. Smith. “Jack Smith? Why would I keep him?”The new charges show how even in the face of Justice Department scrutiny into whether he still had classified documents in his possession, Mr. Trump has continued to try to find ways to upend its investigation.In June of last year, in the midst of its efforts to retrieve classified material Mr. Trump had taken from the White House upon leaving office, the Justice Department served a grand jury subpoena on Mr. Trump’s organization for surveillance footage from Mar-a-Lago that would show how boxes of the documents had been handled, especially around a storage room where many of them had been stashed.Shortly after the Trump Organization received the subpoena, the revised indictment said, the former president called Mar-a-Lago’s property manager and head of maintenance, Carlos De Oliveira. The two men spoke for 24 minutes, prosecutors say.Two days later, Mr. De Oliveira and another defendant in the case, Mr. Trump’s valet, Walt Nauta, “went to the security guard booth where surveillance video is displayed on monitors, walked with a flashlight through the tunnel where the storage room was located, and observed and pointed out surveillance cameras.”Days later, Mr. De Oliveira had a private conversation with the Mar-a-Lago employee in charge of the surveillance footage. The conversation was supposed to “remain between the two of them,” according to the charging document.Mr. De Oliveira told the employee that “‘the boss’ wanted the server deleted,” the indictment said.The employee in charge of the footage said “that he would not know how to do that, and that he did not believe that he would have the rights to do that.”But Mr. De Oliveira continued to push, asking, “What are we going to do?” (The Trump Organization ultimately turned over security footage, but, as The New York Times reported in May, investigators became suspicious about whether someone in Mr. Trump’s orbit tried to limit the amount of footage given to the government.)The indictment says that after the Justice Department demanded security footage from Mar-a-Lago, Mr. Trump told the property manager there that he wanted security camera footage deleted.Saul Martinez for The New York TimesThe updated indictment also demonstrates how Mr. Trump, in the aftermath of the search of Mar-a-Lago last August, turned to an issue that he obsessed about in the White House: loyalty.“Someone just wants to make sure Carlos is good,” the indictment quoted Mr. Nauta as saying about Mr. De Oliveira to another Trump employee.That employee told Mr. Nauta that Mr. De Oliveira was “loyal” and “would not do anything to affect his relationship with Mr. Trump.”Shortly after that exchange, Mr. Trump called Mr. De Oliveira and said that he would get him a lawyer, the indictment said. Legal fees for Mr. De Oliveira, Mr. Nauta and other Trump employees who have become witnesses or defendants in the documents case are being paid by a political action committee affiliated with Mr. Trump.Mr. Trump’s desire for loyalty echoed behavior that Mr. Mueller captured in his report, which laid out how Mr. Trump asked the former F.B.I. director, James B. Comey, for his loyalty just days after taking office. Mr. Comey continued to pursue an investigation into ties between Mr. Trump’s campaign and Russia and was fired in Mr. Trump’s fifth month in office. Mr. Mueller was appointed as special counsel in the aftermath of Mr. Comey’s dismissal.Mr. Mueller’s investigation ultimately identified nearly a dozen acts Mr. Trump took that could be seen as obstruction of justice. One of the most damning related to how Mr. Trump pressured his White House counsel, Donald F. McGahn II, to create a fake document rebutting statements he gave to Mr. Mueller’s office. Mr. McGahn refused to go along with what Mr. Trump wanted.Another example related to Mr. Trump’s powers as president. During Mr. Mueller’s investigation, several of his allies and associates — including Michael Flynn and Paul Manafort — were indicted by the Justice Department in cases that could have produced damaging testimony about Mr. Trump and his campaign. As the prosecutions of the men went forward, Mr. Trump publicly dangled the idea of issuing pardons. In the final weeks of Mr. Trump’s presidency, he pardoned them.The former special counsel Robert S. Mueller at a hearing in 2019. Mr. Mueller’s investigation identified nearly a dozen acts Mr. Trump took that could be seen as obstruction of justice.Doug Mills/The New York Times“There are all sorts of ways to obstruct an investigation, but not every one has an equal impact,” said Brandon Van Grack, a former prosecutor on Mr. Mueller’s team. “Hiding and lying are damaging, but prosecutors can often still get at the truth. Destruction is often looked at seriously because it’s permanent. It’s permanently deleting or destroying” evidence in the case.Steven Cheung, a spokesman for Mr. Trump, assailed the investigations into the former president’s conduct, saying “the weaponized justice system along with their Democrat allies have failed at every turn because they are on the wrong side of the facts. History will judge them harshly.”Over many decades before reaching the White House, Mr. Trump engaged in gamesmanship with prosecutors, regulators and officials who had authority in aspects of the industries in which he operated. He lived in a New York City where corruption touched aspects of the political and government establishments and the real-estate construction businesses, and he came to believe that everything could be worked out through some kind of deal, associates and former employees said.He courted officials who had prosecutorial jurisdiction in New York City, including Rudolph W. Giuliani, then the U.S. attorney in the Southern District of New York, and Robert Morgenthau, the district attorney in Manhattan. Faced with massive amounts of civil litigation, his impulse, former employees said, was to find lawyers who knew the judge.In April 2018, an aspect of the Russian investigation spun off into a separate one into Michael D. Cohen, a lawyer for the Trump Organization who also served as a fixer for Mr. Trump and knew many of his secrets. After Mr. Cohen’s hotel, apartment and office were searched by the F.B.I. that month, Mr. Trump called Mr. Cohen with a message: stay strong.He then predicted on Twitter that Mr. Cohen would never “flip” on him. Mr. Cohen eventually did provide prosecutors with information about Mr. Trump’s hush-money payments before the 2016 election to a porn star who said she had a sexual liaison with him. He later said that Mr. Trump spoke in “code” to avoid plainly communicating his desires.Mr. Bolton, Mr. Trump’s former national security adviser, wrote in his book, “The Room Where It Happened,” that Mr. Trump repeatedly sought to interfere with law enforcement and other official actions involving foreign leaders.During an investigation into Halkbank, a state-financed institution based in Turkey that was facing an investigation by U.S. officials for a scheme to evade sanctions on Iran, Mr. Trump told the country’s leader that he would “take care of things,” Mr. Bolton wrote.In a brief interview on Friday, Mr. Bolton pointed to a specific aspect of Mr. Trump’s view of how the rules apply to him: his use of government power for his personal and political benefit while in office.He cited Mr. Trump’s efforts to solicit damaging information about the Bidens from Ukraine as he withheld military aid to that country. “It shows as president he had fundamental difficulty distinguishing himself from the government,” Mr. Bolton said. “And it’s also why he couldn’t understand why government officials weren’t personally loyal to him.” More

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      Trump’s Lawyers Meet With Prosecutors as Election Interference Charges Loom

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      The former president’s legal team reportedly arrived at the office of Jack Smith, the special counsel leading the inquiry.Lawyers for former President Donald J. Trump were expected to meet on Thursday with officials in the office of the special counsel, Jack Smith, as federal prosecutors edged closer toward bringing an indictment against Mr. Trump in connection with his wide-ranging efforts to overturn the 2020 election, according to three people familiar with the matter.It was not immediately clear what subjects would be discussed at the meeting or if Mr. Smith would take part. But similar gatherings are often used by defense lawyers as a last-ditch effort to argue against charges being filed or to convey their version of events in a criminal investigation.ABC News reported earlier that Mr. Trump’s lawyers had arrived at Mr. Smith’s office in Washington. They were seen driving into an underground garage shortly before 10 a.m.The former president’s legal team — including Todd Blanche and a newly hired lawyer, John Lauro — has been on high alert since last week, when prosecutors working for the special counsel sent Mr. Trump a so-called target letter in the election interference case. It was the clearest signal that charges could be coming.The letter described three potential counts that Mr. Trump could face: conspiracy to defraud the United States, obstruction of an official proceeding and a Reconstruction-era civil rights charge that makes it a crime to threaten or intimidate anyone in the “free exercise or enjoyment” of any right or privilege provided by the Constitution or by federal law.Another team of lawyers working at the time for Mr. Trump had a similar meeting with officials at the Justice Department last month, days before prosecutors led by Mr. Smith filed an indictment in Florida charging the former president with illegally holding onto 31 highly sensitive classified documents after leaving the White House.The indictment in the Florida case, which is set to go to trial in May, also accused Mr. Trump of conspiring with one of his personal aides, Walt Nauta, to obstruct the government’s repeated attempts to retrieve the classified documents.If Mr. Trump is charged in connection with his efforts to reverse his election loss, it would be an extraordinary moment in which a former president — and current presidential candidate — stood accused of using the powers of his own government to remain in office against the will of the voters.Mr. Trump, the current front-runner for the Republican presidential nomination, has already been charged not only in the classified documents case but also by the Manhattan district attorney, who has accused him of dozens of felonies related to hush money payments made to a porn actress in the run-up to the 2016 election.Mr. Trump also faces scrutiny from the district attorney in Fulton County, Ga., who is investigating his efforts to bend the results of the 2020 election in that state in his favor. More

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      Jan. 6 Prosecutors Gather More Evidence as Trump Indictment Decision Looms

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      The special counsel, Jack Smith, continues to push ahead on several fronts as he assembles evidence about former President Donald J. Trump’s efforts to retain power after the 2020 election.Even as the special counsel, Jack Smith, appears to be edging closer toward bringing charges against former President Donald J. Trump in connection with his efforts to overturn the 2020 election, prosecutors have been continuing to investigate multiple strands of the case.In recent weeks, Mr. Smith’s team has pushed forward in collecting new evidence and in arranging new interviews with witnesses who could shed light on Mr. Trump’s mind-set in the chaotic postelection period or on other subjects important to the inquiry. At the same time, word has emerged of previously undisclosed investigative efforts, hinting at the breadth and scope of the issues prosecutors are examining.In the past few days, a lawyer for Bernard B. Kerik, the former New York City police commissioner who worked closely after the election with Mr. Trump’s lawyer, Rudolph W. Giuliani, gave hundreds of pages of documents to prosecutors working with Mr. Smith.The documents detailed efforts by Mr. Kerik and Mr. Giuliani to identify and investigate allegations of fraud in the election — an issue that is likely to be front and center as prosecutors seek to understand what Mr. Trump may have been thinking when he set in motion various efforts to maintain his grip on power.While it remains unclear precisely when Mr. Smith may seek an indictment of the former president, the clearest signal yet that one was in the offing came last week from Mr. Trump, who announced on social media that he had received a so-called target letter from prosecutors alluding to at least three charges he might face.Those charges included conspiracy to defraud the United States, obstruction of an official proceeding and a Reconstruction-era civil rights statute that makes it a crime for people to conspire to threaten or intimidate others from exercising rights provided to them by federal law or the Constitution.It is not uncommon for prosecutors to keep investigating a criminal case up to the moment an indictment is returned. They can even press forward after charges are filed. But prosecutors are not supposed to use a grand jury of the sort that has been used to investigate Mr. Trump to gather fresh evidence after charges are brought — unless they intend to use the information to seek additional charges.The production of documents by Mr. Kerik, who was convicted of tax fraud but pardoned by Mr. Trump, came even as his lawyer, Timothy Parlatore, was arranging for Mr. Kerik to sit down with Mr. Smith’s prosecutors for a voluntary interview next month. Mr. Giuliani did a similar interview with Mr. Smith’s team in June.Among the previously unknown steps taken by Mr. Smith’s team was an interview conducted about three months ago with Richard P. Donoghue, a former top official in the Justice Department at the end of Mr. Trump’s time in office. NBC News reported on the interview on Monday night, and Mr. Donoghue confirmed on Tuesday that it took place. But he declined to comment on what he discussed with Mr. Smith’s prosecutors.Mr. Smith’s team conducted an interview with Richard Donoghue, the former acting deputy attorney general, who appeared before the House select committee investigating Jan. 6.Jason Andrew for The New York TimesIn late 2021, Mr. Donoghue, who served as the acting deputy attorney general under Mr. Trump, told the House select committee investigating Jan. 6 that he and Jeffrey Rosen, the acting attorney general at the time, repeatedly sought to rebuff Mr. Trump’s claims that the election had been marred by widespread fraud. At one point, Mr. Donoghue testified, Mr. Trump urged him and Mr. Rosen to “just say the election was corrupt and leave the rest to me and the Republican congressmen.”Mr. Donoghue also told the committee that in the waning days of his presidency, Mr. Trump wanted to replace Mr. Rosen with Jeffrey Clark, a loyalist within the Justice Department. Mr. Clark, whose home was searched as part of the election interference inquiry into Mr. Trump, had helped to a draft a letter suggesting that fraud had affected the election results and urging Gov. Brian Kemp of Georgia, a Republican, to call for the creation of a fake slate of electors to the Electoral College declaring that Mr. Trump had won that state, not Joseph R. Biden Jr.Mr. Smith’s team has also reached out to Mr. Kemp seeking an interview, Garrison Douglas, a spokesman for Mr. Kemp, said on Tuesday. But Mr. Douglas declined to say whether the interview, which was reported by The Washington Post, had been merely scheduled or had already taken place.Georgia was a key location in Mr. Trump’s campaign to pressure local officials to throw him the election in their states. Brad Raffensperger, Georgia’s secretary of state, recorded Mr. Trump on a phone call in early January 2021, asking him to “find” sufficient votes for him to win the state.Mr. Smith’s prosecutors have also shown interest in a different line of inquiry in recent months, asking questions about a meeting that Mr. Trump held in February 2020 with officials who briefed him about election security for the upcoming race. The special counsel’s interest in the meeting, where Mr. Trump praised what officials told him were improvements in election security, was reported earlier by CNN.During the meeting, Mr. Trump attacked Joseph Maguire, who was then serving as acting director of national intelligence, for having days earlier given a briefing on Russian interference in the 2016 election to Representative Adam Schiff, Democrat of California, then the chairman of the House Intelligence Committee, and other members of the panel, according to people familiar with the events.Mr. Trump viewed Mr. Schiff as an enemy after he focused extensively on whether Mr. Trump’s campaign had conspired with Russia during his 2016 campaign and he played an instrumental role in his first impeachment.At the meeting, officials from the F.B.I. and other agencies also told Mr. Trump about their preparations to secure the election from interference. Mr. Trump was so taken by what he heard that he wanted to hold a news conference to tout the security of the election, according to a person with knowledge of the talks.Mr. Trump’s apparent excitement at the meeting could shed light on his state of mind and what factual knowledge he had as he spread baseless lies about election fraud months later.In a related line of inquiry, prosecutors under Mr. Smith have asked questions as to when and how federal officials went about securing the election, and how they coordinated those efforts with secretaries of state in various states, according to a person familiar with the matter. Prosecutors have also sought to determine how regularly the White House was briefed on election security measures.Richard Fausset More

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      Fact-Checking Mike Pence on the Campaign Trail

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      The former vice president has made misleading claims about abortion, fiscal policy and military spending.Since beginning his long-shot presidential campaign in June, former Vice President Mike Pence has struggled to gain traction among Republican primary voters.Mr. Pence has consistently polled in the single digits behind the two leading contenders: his onetime running mate, former President Donald J. Trump, and Gov. Ron DeSantis of Florida. The former vice president has broken with them most starkly on their approaches to Social Security and Medicare. He has also carved out clear positions supporting a 15-week national abortion ban and wholeheartedly backing American involvement in the war in Ukraine.Mr. Pence has made some inaccurate claims along the way. Here’s a fact check of some of his recent remarks on the campaign trail.AbortionWhat Mr. Pence Said“I did, this week, call on every other candidate for the Republican nomination to support a minimum standard of a 15-week ban on abortion at the national level that would align American law with most of the countries in Europe that literally ban abortion after 12 to 15 weeks. Our laws at the national level today are more aligned with North Korea, China and Iran than with other Western countries in Europe.”— in a June interview on Fox News SundayThis is misleading. Mr. Pence’s comparison is overly simplistic and glosses over how abortion laws in Europe work in practice. It is also worth noting that many European countries are moving toward relaxing abortion restrictions, not imposing additional ones, as The Upshot has reported.Of some four dozen countries in Europe, almost all have legalized elective abortion before 10 to 15 weeks of pregnancy. All of these countries allow abortions after the gestational limit if the mother’s life is in danger and about half do so for cases involving sexual violence — two exceptions that Mr. Pence has said he also supports. But many also allow for broader exceptions, like the socioeconomic circumstances or mental health of the mother, which Mr. Pence’s proposal does not include.In Britain, for example, an abortion must be approved by two doctors, but those requests are generally granted up to 24 weeks. In Denmark and Germany, exceptions for gestational limits of 12 weeks are made for mental and physical health as well as living conditions.At least three countries also have more permissive gestational cutoffs than Mr. Pence’s proposal: Iceland at 22 weeks, the Netherlands at 24 weeks and Sweden at 18 weeks.In contrast, China allows elective abortions without specifying gestational limits in its national laws, according to the World Health Organization. China also has said in recent years that it will aim to reduce the number of “medically unnecessary” abortions, and at least one province has prohibited abortions after 14 weeks.North Korea’s laws on abortion are unclear. In 2015, the authorities issued a directive barring doctors from performing abortions, according to the World Health Organization, but “there are no documents after 2015” on the legality of the procedure.In the United States, after the Supreme Court eliminated the constitutional right to an abortion last summer, the legal status of abortion varies widely from state to state. In some, the procedure is banned with no exceptions, and in others it is enshrined as a right with no gestational limits. A spokesman for Mr. Pence cited nine such states as exceptionally nonrestrictive.Fiscal policyWhat Mr. Pence Said“Well, first off, look, Joe Biden’s policy on our national debt is insolvency. And, sadly, my former running mate’s policy is identical to Joe Biden’s. Both of them say they’re not even going to talk about common sense and compassionate reforms to entitlements to spare future generations of a mountain range of debt.”— in the Fox News Sunday interviewThis is exaggerated. Asked about his calls to overhaul Social Security and Medicare, Mr. Pence criticized Mr. Trump’s and Mr. Biden’s approaches to the social programs as irresponsible. While both have said they would not cut benefits, only Mr. Biden has proposed tax increases to shore up both programs. But equating that position to one of accepting total insolvency is overstated.Currently, Social Security and Medicare both face financial shortfalls. The fund that pays for Social Security retirement benefits is projected to be depleted by 2033, and the fund that pays hospitals for Medicare patients will be exhausted in 2031. At those points, the funds will be able to pay for only 77 percent of retirement benefits and 89 percent of scheduled fees to hospitals.During the 2020 campaign, Mr. Biden proposed increasing taxes on high-income earners to pay for additional Social Security benefits. The extra funding would reduce the program’s financial shortfall, though the revenue would not close the gap entirely. While his latest presidential budget, released in March, does not mention that proposal, it does include a plan to extend the solvency of Medicare by 25 years by imposing higher taxes on the wealthy.Mr. Trump’s position on social safety net programs is a bit harder to pin down. In January 2020, he said he would be willing to consider cuts to the social safety nets “at some point” — though he quickly tried to walk back his comments and vowed to protect Social Security. His last presidential budget proposal, in February 2020, did not cut benefits to either program, but sought Medicare savings through a dozen tweaks like reducing payments to providers and reducing the cost of prescription drugs.More recently, Mr. Trump vowed in a speech in March at the Conservative Political Action Conference that “we are never going back” to proposals to raise the Social Security retirement age or cut Medicare benefits. But Mr. Trump has not yet outlined his stance on either program in more detail or addressed their solvency issues in this campaign cycle.The Pence campaign argued that neither Mr. Trump nor Mr. Biden has a current plan for Social Security, and that Mr. Biden’s plan for Medicare just delays the financial shortfall.Mr. Pence has made misleading claims about abortion, fiscal policy and military spending.Jordan Gale for The New York TimesClassified documentsWhat Mr. Pence Said“I mean, when I informed the Department of Justice that we had classified materials potentially in our home, they were at my home. The F.B.I. was on my front doorstep the next day. And what we found out was that, when Joe Biden apparently alerted the Department of Justice, 80 days later, they showed up at his office.”— in a CNN town hall in JuneThis is exaggerated. Upon the discovery of classified documents in their personal residences, Mr. Pence and Mr. Biden both cooperated with government inquiries. Mr. Pence has a point that the Justice Department’s responses to the discoveries were not identical, but he is overstating the differences.In Mr. Biden’s case, the searches occurred a few weeks — not three months — after the discovery of classified documents. In Mr. Pence’s case, the search occurred about three weeks later.On Nov. 2, lawyers for Mr. Biden discovered classified documents at the offices of the Penn Biden Center for Diplomacy and Global Engagement, a think tank in Washington. On the same day, according to Biden administration officials, the lawyers alerted the National Archives and Records Administration, which is responsible for securing such documents. The next day, the National Archives retrieved the documents and referred the matter to the Justice Department. The F.B.I. searched the think tank in mid-November.On Dec. 20, Mr. Biden’s aides discovered a second set of classified documents at his home in Wilmington, Del. The same day, they alerted the U.S. attorney leading the investigation about the discovery. A month later, on Jan. 20, the F.B.I. searched the residence and seized additional documents. And on Feb. 1, the F.B.I. searched Mr. Biden’s vacation home in Rehoboth Beach, Del., but did not find additional classified documents.The discovery of classified documents in Mr. Biden’s possession prompted aides for Mr. Pence to search his home in Indiana out of caution. They found about a dozen documents with classified markings on Jan. 16 and alerted the National Archives to the discovery in a letter dated Jan. 18. The Justice Department, rather than the records agency, then retrieved the documents from Mr. Pence’s home on Jan. 19. Nearly a month later, on Feb. 10, the F.B.I. searched Mr. Pence’s home and found one additional document.The Pence campaign argued that the Justice Department, in directly requesting the documents from Mr. Pence, bypassed the standard procedures, which did not occur in Mr. Biden’s case.Unlike the Biden and Trump cases, Attorney General Merrick B. Garland did not appoint a special counsel to investigate Mr. Pence’s handling of classified materials. The Justice Department has also declined to prosecute Mr. Pence while the inquiry into Mr. Biden remains ongoing.Funding for the militaryWhat Mr. Pence Said“Since Joe Biden took office, he’s been working to cut military spending.”— at the Family Leadership Summit in Iowa in JulyThis is false. Mr. Biden’s annual budgets have generally asked for more funding for the military, and actual spending has increased each year.Mr. Biden’s first budget, released in 2021, proposed $715 billion for the Pentagon, essentially keeping funding level. That was a 1.6 percent increase from the previous year and a 0.4 percent decrease when adjusted for inflation. In December of that year, he signed into law a $770 billion defense package.After Russia invaded Ukraine in February 2022, Mr. Biden’s proposals and congressional appropriators amped up military spending even more.The budget he released in 2022 requested $773 billion in military spending, a nearly 10 percent increase from the previous year. He eventually signed into law an $858 billion spending policy bill.And Mr. Biden’s latest budget, released in March, asked for $842 billion for the military, a 3.2 percent increase from the previous year, and $886 billion total for national defense. That legislation is currently going through the appropriations process in Congress. The Pence campaign argued that this amounted to a cut, as the rate of inflation outstrips the rate of increase.At the Iowa event, Mr. Pence cited Mr. Biden’s debt ceiling deal with House Speaker Kevin McCarthy as an example of a proposed 1 percent cut to the military. Under that deal, military spending is set at the president’s proposed amount of $886 billion and would rise to $895 billion in 2025. But all spending, for both the military and domestic programs, would be subject to a 1 percent cut if Congress does not pass annual spending bills by January.We welcome suggestions and tips from readers on what to fact-check on email and Twitter. More

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      Trump Classified Documents Trial Set for May 2024

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      Judge Aileen M. Cannon rejected former President Donald J. Trump’s request to delay the trial until after the election but pushed the start date past the Justice Department’s request to begin in December.The federal judge overseeing former President Donald J. Trump’s prosecution on charges of illegally retaining dozens of classified documents set a trial date on Friday for May 2024, taking a middle position between the government’s request to go to trial in December and Mr. Trump’s desire to push the proceeding until after the 2024 election.In her order, Judge Aileen M. Cannon said the trial was to be held in her home courthouse in Fort Pierce, Fla., a coastal city two-and-a-half hours north of Miami that will draw its jury pool from several counties that Mr. Trump won handily in his two previous presidential campaigns.Judge Cannon also laid out a calendar of hearings, throughout the remainder of this year and into next year, including those concerning the handling of the classified material at the heart of the case.The scheduling order came after a contentious hearing on Tuesday at the federal courthouse in Fort Pierce where prosecutors working for the special counsel, Jack Smith, and lawyers for Mr. Trump sparred over when to hold the trial.The timing of the proceeding is more important in this case than in most criminal matters because Mr. Trump is now the front-runner for the Republican presidential nomination and his legal obligations to be in court will intersect with his campaign schedule.The date Judge Cannon chose to start the trial — May 20, 2024 — falls after the bulk of the primary race contests. But it is less than two months before the start of the Republican National Convention in July and the formal start of the general election season.Mr. Trump’s advisers have been blunt that winning the presidency is how he hopes to beat the legal charges he is facing, and he has adopted a strategy of the delaying the trial, which is expected to take several weeks, for as long as possible.The Justice Department declined to comment on Judge Cannon’s decision. But it did not come as a surprise to prosecutors, who set their initial, aggressive timetable expecting that she would select a date, probably sometime in the first half of 2024, and reject the Trump legal team’s request to push it past the election, according to a person familiar with the situation.It is not clear whether the May 2024 date will hold. As part of her order, Judge Cannon designated Mr. Trump’s case as “complex,” a move that could allow for additional delays.In a 38-count indictment filed last month by Mr. Smith’s office, the former president was charged with illegally holding on to a trove of 31 documents containing sensitive national security information in violation of the Espionage Act. He was also accused of conspiring with one of his personal aides, Walt Nauta, to obstruct the government’s repeated efforts to reclaim the documents.Setting the schedule for Mr. Trump’s trial was the first significant decision in the case for Judge Cannon, who was appointed by Mr. Trump in 2020. She was randomly assigned to the case in June and faced enormous scrutiny after having made some rulings last year in a related matter that were favorable to Mr. Trump and that were ultimately overturned in a stinging reversal by a federal appeals court.But in her scheduling order on Friday, she split the difference between the two sides, giving neither the government nor the defense what they had wanted.She rejected Mr. Trump’s requests to delay the trial until after the election or to put off setting any schedule at all for the moment, saying that some basic amount of case management was required. But she also noted that the government’s proposal to seat a jury in December was “atypically accelerated and inconsistent with ensuring a fair trial.”Judge Cannon listed a number of reasons the case needed time to move toward trial.The amount of discovery evidence that Mr. Trump’s lawyers will have to sort through was “voluminous,” she wrote. It included more than 1 million pages of unclassified material, at least nine months of surveillance camera footage and more than 1,500 pages of classified documents. There was also additional discovery material from electronic devices seized by the government during its investigation.All of that, Judge Cannon wrote, was on top of what is expected to be a constellation of complex pretrial motions filed by Mr. Trump’s legal team.During the hearing on Tuesday, lawyers for Mr. Trump said they might file motions arguing that Mr. Trump was allowed to remove documents from the White House under the Presidential Records Act and attacking the special counsel’s authority to bring charges in the first place.They also noted that they would probably question the classification status of certain documents central to the case and challenge the validity of the grand jury process in Washington and Miami that led to the indictment.“The court will be faced with extensive pretrial motion practice on a diverse number of legal and factual issues,” Judge Cannon wrote.Mr. Trump is also under indictment in Manhattan on charges stemming from hush-money payments to a porn star before the 2016 election. That case is scheduled to go to trial in March 2024.He was also informed this week that he could be indicted on federal charges related to his efforts to remain in office after his defeat in the 2020 election, and the district attorney in Fulton County, Ga., is completing an investigation into Mr. Trump’s efforts to overturn his election loss in Georgia.Maggie Haberman More

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      Building a Legal Wall Around Donald Trump

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      The American legal system is on the cusp of a remarkable historical achievement. In real time and under immense pressure, it has responded to an American insurrection in a manner that is both meting out justice to the participants and establishing a series of legal precedents that will stand as enduring deterrents to a future rebellion. In an era when so many American institutions have failed, the success of our legal institutions in responding to a grave crisis should be a source of genuine hope.I’m writing this newsletter days after the Michigan attorney general announced the prosecution of 16 Republicans for falsely presenting themselves as the electors qualified to vote in the Electoral College for Donald Trump following the 2020 election. That news came the same day that the former president announced on Truth Social that he’d received a so-called target letter from Jack Smith, the special counsel appointed by Attorney General Merrick Garland to investigate Trump’s efforts to overturn the election. The target letter signals that the grand jury investigating the Jan. 6, 2021, attack on the Capitol is likely to indict Trump, perhaps any day now.On Monday, a day before this wave of news, the Georgia Supreme Court rejected a desperate Trump attempt to disqualify the Fulton County district attorney Fani Willis from prosecuting Trump and to quash a special grand jury report about 2020 election misconduct. Trump’s team filed their petition on July 13. The court rejected it a mere four days later. Willis can continue her work, and she’s expected to begin issuing indictments — including potentially her own Trump indictment — in August, if not sooner.Presuming another Trump indictment (or more than one) is imminent — or even if it is not — the legal response to Jan. 6 will continue. But to truly understand where we are now, it’s important to track where we’ve been. If you rewind the clock to the late evening of Jan. 6, 2021, America’s long history of a peaceful transfer of power was over, broken by a demagogue and his mob. To make matters worse, there was no straight-line path to legal accountability.Prosecuting acts of violence against police — or acts of vandalism in the Capitol — was certainly easy enough, especially since much of the violence and destruction was caught on video. But prosecuting Trump’s thugs alone was hardly enough to address the sheer scale of MAGA misconduct. What about those who helped plan and set the stage for the insurrection? What about the failed candidate who set it all in motion, Donald Trump himself?Consider the legal challenges. The stolen election narrative was promulgated by a simply staggering amount of defamation — yet defamation cases are difficult to win in a nation that strongly protects free speech. Trump’s legal campaign was conducted by unethical lawyers raising frivolous arguments — yet attorney discipline, especially stretching across multiple jurisdictions, is notoriously difficult.The list continues. Trump’s team sought to take advantage of ambiguities in the Electoral Count Act, a 19th-century statute that might be one of the most poorly written statutes in the entire federal code. In addition, Trump’s team advanced a constitutional argument called the independent state legislature doctrine that would empower legislatures to dictate or distort the outcomes of congressional and presidential elections in their states.There’s more. When we watched insurrectionists storm the Capitol, we were watching the culminating moment of a seditious conspiracy, yet prosecutions for seditious conspiracy are both rare and difficult. And finally, the entire sorry and deadly affair was instigated by an American president — and an American president had never been indicted before, much less for his role in unlawfully attempting to overturn an American election.Now, consider the response. It’s easy to look at Trump’s persistent popularity with G.O.P. voters and the unrepentant boosterism of parts of right-wing media and despair. Does anything make a difference in the fight against Trump’s lawlessness and lies? The answer is yes, and the record is impressive. Let’s go through it.The pro-Trump media ecosphere that repeated and amplified his election lies has paid a price. Fox News agreed to a stunning $787 million defamation settlement with Dominion Voting Systems, and multiple defamation cases continue against multiple right-wing media outlets.Trump’s lawyers and his lawyer allies have paid a price. Last month the U.S. Court of Appeals for the Sixth Circuit upheld the bulk of a sanctions award against Sidney Powell and a Mos Eisley cantina’s worth of Trump-allied lawyers. A New York State appellate court temporarily suspended Rudy Giuliani’s law license in 2021, and earlier this month a Washington, D.C., bar panel recommended that he be disbarred. Jenna Ellis, one of Guiliani’s partners in dangerous dishonesty and frivolous legal arguments, admitted to making multiple misrepresentations in a public censure from the Colorado Bar Association. John Eastman, the former dean of Chapman University’s law school and the author of an infamous legal memo that suggested Mike Pence could overturn the election, is facing his own bar trial in California.Congress has responded to the Jan. 6 crisis, passing bipartisan Electoral Count Act reforms that would make a repeat performance of the congressional attempt to overturn the election far more difficult.The Supreme Court has responded, deciding Moore v. Harper, which gutted the independent state legislature doctrine and guaranteed that partisan state legislatures are still subject to review by the courts.The criminal justice system has responded, securing hundreds of criminal convictions of Jan. 6 rioters, including seditious conspiracy convictions for multiple members of the Oath Keepers and the Proud Boys. And the criminal justice system is still responding, progressing steadily up the command and control chain, with Trump himself apparently the ultimate target.In roughly 30 months — light speed in legal time — the American legal system has built the case law necessary to combat and deter American insurrection. Bar associations are setting precedents. Courts are setting precedents. And these precedents are holding in the face of appeals and legal challenges.Do you wonder why the 2022 election was relatively routine and uneventful, even though the Republicans fielded a host of conspiracy-theorist candidates? Do you wonder why right-wing media was relatively tame after a series of tough G.O.P. losses, especially compared to the deranged hysterics in 2020? Yes, it matters that Trump was not a candidate, but it also matters that the right’s most lawless members have been prosecuted, sued and sanctioned.The consequences for Jan. 6 and the Stop the Steal movement are not exclusively legal. The midterm elections also represented a profound setback for the extreme MAGA right. According to an NBC News report, election-denying candidates “overwhelmingly lost” their races in swing states. It’s hard to avoid the conclusion that the relentless legal efforts also had a political payoff.And to be clear, this accountability has not come exclusively through the left — though the Biden administration and the Garland Justice Department deserve immense credit for their responses to Trump’s insurrection, which have been firm without overreaching. Multiple Republicans joined with Democrats to pass Electoral Count Act reform. Both conservative and liberal justices rejected the independent state legislature doctrine. Conservative and liberal judges, including multiple Trump appointees, likewise rejected Trump’s election challenges. Republican governors and other Republican elected officials in Arizona and Georgia withstood immense pressure from within their own party to uphold Joe Biden’s election win.American legal institutions have passed the Jan. 6 test so far, but the tests aren’t over. Trump is already attempting to substantially delay the trial on his federal indictment in the Mar-a-Lago case, and if a second federal indictment arrives soon, he’ll almost certainly attempt to delay it as well. Trump does not want to face a jury, and if he delays his trials long enough, he can run for president free of any felony convictions. And what if he wins?Simply put, the American people can override the rule of law. If they elect Trump in spite of his indictments, they will empower him to end his own federal criminal prosecutions and render state prosecutions a practical impossibility. They will empower him to pardon his allies. The American voters will break through the legal firewall that preserves our democracy from insurrection and rebellion.We can’t ask for too much from any legal system. A code of laws is ultimately no substitute for moral norms. Our constitutional republic cannot last indefinitely in the face of misinformation, conspiracy and violence. It can remove the worst actors from positions of power and influence. But it cannot ultimately save us from ourselves. American legal institutions have responded to a historical crisis, but all its victories could still be temporary. Our nation can choose the law, or it can choose Trump. It cannot choose both. More