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      How Many of Trump’s Trials Will Happen Before the Election?

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      Donald J. Trump is the target of four separate criminal indictments, but the prosecutions could drag on for months or even years.Three different prosecutors want to put Donald J. Trump on trial in four different cities next year, all before Memorial Day and in the midst of his presidential campaign.It will be nearly impossible to pull off.A morass of delays, court backlogs and legal skirmishes awaits, interviews with nearly two dozen current and former prosecutors, judges, legal experts and people involved in the Trump cases show. Some experts predicted that only one or two trials will take place next year; one speculated that none of the four Trump cases will start before the election.It would be virtually unheard of for any defendant to play a game of courthouse Twister like this, let alone one who is also the leading contender for the Republican nomination for the presidency. And between the extensive legal arguments that must take place before a trial can begin — not to mention that the trials themselves could last weeks or months — there are simply not enough boxes on the calendar to squeeze in all the former president’s trials.“This is something that is not normal,” said Jeffrey Bellin, a former federal prosecutor in Washington who now teaches criminal procedure at William & Mary Law School and believes that Mr. Trump might only be on trial once next year. “While each of the cases seems at this point to be strong, there’s only so much you can ask a defendant to do at one time.”Any delay would represent a victory for Mr. Trump, who denies all wrongdoing and who could exploit the timeline to undermine the cases against him. Less time sitting in a courtroom equals more time hitting the campaign trail, and his advisers have not tried to hide that Mr. Trump hopes to overcome his legal troubles by winning the presidency.If his lawyers manage to drag out the trials into 2025 or beyond — potentially during a second Trump administration — Mr. Trump could seek to pardon himself or order his Justice Department to shut down the federal cases. And although he could not control the state prosecutions in Georgia or Manhattan, the Justice Department has long held that a sitting president cannot be criminally prosecuted, which very likely applies to state cases as well.Ultimately, the judges overseeing the four cases might have to coordinate so that Mr. Trump’s lawyers can adequately prepare his defense without needlessly delaying the trials. Judges are permitted under ethics rules to confer with one another to efficiently administer the business of their courts, experts said, and they periodically do so.“The four indictments can appear to resemble four cars converging on an intersection that has no lights or stop signs — but that won’t happen,” said Stephen Gillers, a legal ethics professor at New York University School of Law. “Well before the intersection, the judges will figure it out.”For now, Mr. Trump’s court schedule looks to be nearly as crowded as his campaign calendar, with potential trials overlapping with key dates in the Republican primary season. Claiming he is a victim of a weaponized justice system that is seeking to bar him from office, Mr. Trump may end up bringing his campaign to the courthouse steps.A federal special counsel, Jack Smith, has proposed Jan. 2 of next year (two weeks before the Iowa caucuses) as a date for Mr. Trump to stand trial in Washington on charges of conspiring to overturn the 2020 election. In a Thursday night court filing, Mr. Trump’s lawyers countered with a proposed date of April 2026.Fani T. Willis, the Fulton County, Ga., district attorney who this week announced racketeering charges against Mr. Trump, accusing him of orchestrating a “criminal enterprise” to reverse Georgia’s election results, wants that trial to begin on March 4 (the day before Super Tuesday).It is possible that the election interference case brought against Mr. Trump by special counsel Jack Smith may be given scheduling priority, the experts said.Doug Mills/The New York TimesMr. Smith’s recent case in Washington, and Ms. Willis’s in Georgia, were filed after Mr. Trump was already scheduled for two additional criminal trials next spring: in New York, on March 25, on state charges related to a hush-money payment to the porn star Stormy Daniels; and in Florida, on May 20, on federal charges brought by Mr. Smith accusing Mr. Trump of mishandling classified material after leaving office.Although the New York and Florida indictments were unveiled earlier, affording them first crack at the calendar, some experts now argue that they should take a back seat to the election-related cases, in Georgia and Washington, in which the charges strike at the core of American democracy. Trial scheduling is not always a first-come, first-served operation, and deference could be given to the most serious charges.In a radio interview last month, the Manhattan district attorney, Alvin L. Bragg, said that having been the first to indict did not necessarily mean he would insist on being the first to put the former president on trial. However, he said, the judge in the case, Juan M. Merchan, ultimately controls the calendar.“We will follow the court’s lead,” Mr. Bragg said.There has not yet been any direct communication among judges or prosecutors about moving the Manhattan case, according to people with knowledge of the matter.Still, Mr. Bragg’s comments suggest that he would not oppose moving the Manhattan case, which carries a lesser potential punishment than the three others, backward in line.“My own belief is Alvin Bragg will be true to his word and remain flexible in the interests of justice,” said Norman Eisen, who worked for the House Judiciary Committee during Mr. Trump’s first impeachment and believes that prosecutors might be able to squeeze in three Trump trials next year.And Mr. Eisen, now a senior fellow at the Brookings Institution, argued that voters deserve to know whether Mr. Trump was convicted of subverting the will of the people in the previous election before they vote in the next one.“There could not be a more important question confronting the country than whether a candidate for the office of the presidency is innocent or guilty of previously abusing that office in an attempted coup,” he said.The most likely candidate to take over Mr. Bragg’s March trial date would be Mr. Smith and his election interference case. Recently, nearly a dozen Republican-appointed former judges and high-ranking federal officials submitted a brief to the judge overseeing that case, arguing that the trial should take place in January as Mr. Smith has proposed and citing a “national necessity” for a “fair and expeditious trial.”But this is the case in which Mr. Trump’s lawyers have asked for a 2026 trial date, citing the voluminous amount of material turned over by the government — 11.5 million pages of documents, for example — that the defense must now review. Mr. Trump’s lawyers estimated that to finish by the prosecution’s proposed January trial date would mean reading the equivalent of “Tolstoy’s ‘War and Peace,’ cover to cover, 78 times a day, every day, from now until jury selection.”In that case, Mr. Smith brought a narrow set of charges against Mr. Trump in connection with efforts to overturn the 2020 election, totaling four felony counts, and with no co-defendants.In contrast, Ms. Willis’s election case is a sweeping 98-page indictment of not only Mr. Trump, who faces 13 criminal counts, but also 18 co-defendants, including Mark Meadows, the former White House chief of staff, and Rudolph W. Giuliani, the former mayor of New York City. Already, Mr. Meadows has petitioned for his case to be moved from state to federal court, and other defendants are likely to follow suit. That process could take months and could be appealed to the U.S. Supreme Court, probably making Ms. Willis’s proposed trial date of March 4 something of a long shot.In contrast to the relatively narrow election interference case brought by Mr. Smith in federal court, Fani T. Willis, the Fulton County, Ga., district attorney, has charged Mr. Trump and his associates with a multitude of felonies related to the 2020 presidential election.Nicole Craine for The New York TimesThe sheer size of Mr. Trump’s Georgia case, and the fact it was the last of the four cases to be brought, suggests any Georgia trial of Mr. Trump could be delayed even beyond next year.It is exceedingly rare for a criminal defendant to face so many trials in such a concentrated period of time. The once high-flying lawyer Michael Avenatti seemed to be heading for three federal trials after he was charged in Manhattan in 2019 in a scheme to extort the apparel giant Nike; and, separately, with stealing money from Ms. Daniels, a former client; and in California, with embezzling money from other clients. (He was eventually convicted in the New York trials and pleaded guilty in the California case.)E. Danya Perry, a lawyer who represented Mr. Avenatti in the Nike case, the first to go to trial, said the challenge was “sequencing the cases in a way that would be most advantageous” to her client. And because there was some overlap in the evidence, she said, the defense had to be careful not to open the door for prosecutors to introduce evidence against Mr. Avenatti from another of the cases.“You’re not just trying the case in front of that particular judge,” Ms. Perry said. “Evidence from one case could bleed into other cases.”Before any trial, Mr. Trump’s cases are also likely to become bogged down as his lawyers review and potentially argue over large amounts of documents and other case material turned over by the government. Certain judicial rulings could also lead to drawn-out pretrial appeals.In the Florida documents case, disputes over the use of classified information could delay the proceeding as well. And in the federal court in Washington, which is already contending with lengthy backlogs amid prosecutions of hundreds of Jan. 6 rioters, Mr. Trump’s lawyers have suggested they plan to litigate complex constitutional issues, including whether some of Mr. Trump’s false claims about the election were protected by the First Amendment.Even the jury selection process could drag on for weeks or months, as courts summon huge pools of prospective jurors for questioning over whether they harbor bias in favor of or against the polarizing former president.Michael B. Mukasey, a former U.S. attorney general and longtime Manhattan federal judge, said because of the complex issues raised in all four of Mr. Trump’s cases, “I think the odds are slim to none that any of them gets to trial before the election.”And Mr. Trump’s criminal cases are not the only courtroom battles he’s waging.In October, he faces trial in a civil suit filed by Attorney General Letitia James of New York, accusing him, his company and three of his children of a “staggering” fraud in overvaluing his assets by billions of dollars. In January, Mr. Trump faces two civil trials arising from private lawsuits: one a defamation claim by the writer E. Jean Carroll and the other accusing him of enticing people into a sham business opportunity.“We fully expect both cases to go to trial in January 2024,” said Roberta A. Kaplan, the plaintiffs’ lawyer in the two private suits.Although Mr. Trump need not be in court for the civil cases, he almost certainly will have to attend the criminal trials, said Daniel C. Richman, a former Manhattan federal prosecutor and now a professor at Columbia Law School.“If you asked all the prosecutors in each case, they’d firmly and sincerely say that they want these trials to happen in the first half of 2024,” Mr. Richman said. “But wishing does not make it so.”Maggie Haberman More

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      A Majority of Americans Support Trump Indictments, Polls Show

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      Recent polls conducted before the Georgia indictment showed that most believed that the prosecutions of the former president were warranted.Former President Donald J. Trump’s blistering attacks on prosecutors and the federal government over the cascade of indictments he faces do not appear to be resonating much with voters in the latest polls, yet his grip on Republicans is further tightening.A majority of Americans, in four recent polls, said Mr. Trump’s criminal cases were warranted. Most were surveyed before a grand jury in Georgia indicted him over his attempts to subvert the 2020 election, but after the federal indictment related to Jan. 6.At the same time, Mr. Trump still holds a dominant lead over the crowded field of Republicans who are challenging him for the party’s 2024 presidential nomination, including Gov. Ron DeSantis of Florida, who continues to slide.The polls — conducted by Quinnipiac University, The Associated Press-NORC Center for Public Affairs Research, ABC News/Ipsos and Fox News — showed that Americans remain divided along party lines over the dozens of criminal charges facing Mr. Trump.The takeaways aligned with the findings of a New York Times/Siena College poll last month, in which 22 percent of voters who believed that Mr. Trump had committed serious federal crimes said they still planned to support him in a hypothetical head-to-head matchup with Mr. DeSantis.Here are key findings from the recent polling:Most say a felony conviction should be disqualifying.In the Quinnipiac poll, 54 percent of registered voters said Mr. Trump should be prosecuted for trying to overturn the 2020 election. And seven out of 10 voters said that anyone convicted of a felony should no longer be eligible to be president.Half of Americans, but only 20 percent of Republicans, said that Mr. Trump should suspend his presidential campaign, according to the ABC News/Ipsos poll. This poll, which surveyed American adults, was the only one of the four surveys conducted entirely after Mr. Trump’s indictment in Georgia.When specifically asked by ABC about the Georgia case, 63 percent said the latest criminal charges against Mr. Trump were “serious.”Republicans, by and large, haven’t wavered.The trends were mixed for Mr. Trump, who is a voracious consumer of polls and often mentions them on social media and during campaign speeches. He has continually argued that the indictments were politically motivated and intended to short-circuit his candidacy.In a hypothetical rematch of the 2020 election, Mr. Trump trailed President Biden by a single percentage point in the latest Quinnipiac poll, 47 to 46 percent. Mr. Biden’s advantage was 5 percentage points in July.At his campaign rallies, Mr. Trump has frequently boasted how the indictments have been a boon for his polling numbers — and that rang true when Republicans were surveyed about the primary race.In those polls that tracked the G.O.P. nominating contest, Mr. Trump widened his lead over his challengers, beating them by nearly 40 points. His nearest competitor, Mr. DeSantis, had fallen below 20 percent in both the Fox and Quinnipiac polls.Mr. DeSantis, who earlier this month replaced his campaign manager as he shifts his strategy, dropped by 6 to 7 percentage points in recent months in both polls.Trump participated in criminal conduct, Americans say.About half of Americans said that Mr. Trump’s interference in the election in Georgia was illegal, according to the AP/NORC poll.A similar share of Americans felt the same way after Mr. Trump’s indictments in the classified documents and the Jan. 6 cases, but the percentage was much lower when he was charged in New York in a case related to a hush-money payment to a porn star.Fewer than one in five Republicans said that Mr. Trump had committed a crime in Georgia or that he broke any laws in connection with the Jan. 6, 2021, attack on the U.S. Capitol.When asked by Fox News whether Mr. Trump had engaged in illegal activity to overturn the 2020 election, 53 percent of registered voters said yes.But just 13 percent of Republicans shared that view.A plurality of those surveyed by ABC (49 percent) believed that Mr. Trump should be charged with a crime in Georgia.Support for the Justice Department’s charges.Fifty-three percent of U.S. adults said that they approved of the Justice Department’s decision to bring charges against Mr. Trump for his attempts to reverse his electoral defeat in 2020, The A.P. found.At the same time, the public’s confidence in the Justice Department registered at 17 percent in the same poll. More

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      Loyalty to Donald Trump Has Led Rudy Giuliani to Being Indicted

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      It is easy to forget, and in some ways difficult to imagine, that Rudy Giuliani was once revered for his integrity. He was seen by many as a hero long before Sept. 11, a seemingly fearless U.S. attorney who broke the back of the mob, took on Wall Street titans and sent political power brokers to prison.With each sensational indictment handed down by his office in the 1980s, Mr. Giuliani spoke like the priest he almost became about good and evil, and the seductions of power and money.“It’s a rare individual in public office who does not eventually become personally corrupt,” he said in 1988.The comment takes on new meaning when you read through the Georgia grand jury’s indictment, Mr. Giuliani’s first as a defendant. The details make it clear that the crusader of the 1980s and 1990s has completely lost his ability to distinguish right from wrong. He has gone from a moral compass in a city teeming with corruption to a long-ago leader who has descended into a moral void.He stands accused of participating in a wide-ranging conspiracy to upend the 2020 presidential election. It’s a remarkable irony, and a catastrophic blow to his legacy, that the Fulton County, Ga., district attorney, Fani Willis, has brought charges against him under a version of the federal RICO law that Mr. Giuliani famously employed against the Mafia. The indictment also portrays his venal, if stumbling, efforts to employ his old prosecutorial gifts to Donald Trump’s advantage.Mr. Giuliani in mid-November 2020 with a chart about plans to dispute some presidential election results.Drew Angerer/Getty ImagesToday Mr. Giuliani is 79 years old and seems lost in a fog, a confused man railing on X, previously known as Twitter, about Joe and Hunter Biden and bragging about decades-old accomplishments as if his work for Mr. Trump had not turned him into a figure of ridicule and contributed to two presidential impeachments. He has been drowning in criminal investigations, lawsuits and defamation cases, and is apparently burning through the vast sums that he earned over his career, much of it from consulting and speaking fees after 9/11. He now makes Cameo videos for $325 apiece.Yet the indictment is a vivid reminder of how dangerous he was in the Trump years. In the former president’s last months in office, an untold number of Trump White House and campaign lawyers and even the attorney general labored to convince Mr. Trump that he had lost the election. But it was Mr. Giuliani who had the president’s ear. And he was telling Mr. Trump that he had won.Predictably, Mr. Trump named him to lead the postelection legal fight. Mr. Giuliani dove into the work, seemingly more than willing to cross legal and ethical lines, evolving from prosecutor to transgressor. He used his understanding of the criminal mind not to enforce the law, but to propagate what the grand jury describes as a conspiracy.A prosecutor’s job is to weave together a compelling story out of a blizzard of facts and paint a vivid picture to jurors in a trial. Mr. Giuliani was a master of the art. As an assistant U.S. attorney for the Southern District of New York, in 1974, he accused then-Representative Bertram Podell of being “a United States congressman who agreed to sell the influence of his office for money.” At trial, he conducted a withering cross-examination that rattled the congressman so much that he changed his plea to guilty. It made Mr. Giuliani’s career.His formidable talents brought him to the highest levels of the Justice Department and won him public adoration. With each victory he spoke from a moral pedestal. “If we can teach our entire society that no matter how powerful you are … you have to pay a price when you violate the law,” he said shortly before landing a racketeering conviction in 1987.In the years that followed, he applied those prosecutorial gifts to his own career, cultivating a heroic image: America’s greatest corruption fighter; the mayor who cleaned up New York; the personification of leadership on Sept. 11. The dramatic story line overshadowed acts of callousness — cheating on his wives, according to friends and colleagues; slandering Patrick Dorismond, an unarmed Black man who had been killed by an undercover detective; cashing in on his 9/11 fame; and pursuing political and legal misadventures for President Trump in Ukraine.With his ethical bedrock crumbling, Mr. Giuliani attempted to put his old skills to work in 2020 and spin a gripping story to Mr. Trump’s advantage.On Dec. 3, he brought the stolen election claims to Georgia, a pivotal state that Joe Biden had surprisingly won. He was welcomed by Republicans at a Georgia State Senate committee hearing at the state capital, where he claimed, falsely, that Dominion Voting Systems equipment had turned Trump votes into Biden votes, and that almost 100,000 nonexistent mail-in ballots were counted. Mr. Giuliani looked on as a member of his team falsely characterized a video showing vote counters pulling out ballot containers from under a desk in Atlanta’s State Farm Arena on election night and alleged, falsely, that the containers were “suitcases” filled with illegal ballots.A week later, Mr. Giuliani made a presentation to the Georgia House in which he accused two election workers of “quite obviously surreptitiously passing around USB ports as if they’re vials of heroin or cocaine.” (He recently admitted in a civil court filing that he made false statements about the election workers.) The picture he painted in the Georgia House was as vivid as it was dishonest. The Georgia indictment laid it out in great detail.“This is going to be the election that will be the dirtiest election, the most crooked election, the most manipulated election in American history,” Mr. Giuliani said at a third December appearance in front of the Georgia legislature. “Georgia is going to be at the center of it because you have what I call the Zapruder film. … If you can watch that and not realize that this was a major situation of voter fraud, then you’re a fool or a liar.”As he traveled from state to state, hearing to hearing, an increasing number of people inside and outside of the White House threw cold water on his claims. After Georgia’s secretary of state’s office proved his most serious charges patently false, Mr. Giuliani’s accusations began to irk Trump campaign officials.“When our research and campaign legal team can’t back up any of the claims made by our Elite Strike Force Legal Team, you can see why we’re 0-32 on our cases,” one senior adviser wrote on Dec. 8, according to one of the federal indictments against Trump. “I’ll obviously hustle to help on all fronts, but it’s tough to own any of this when it’s all just conspiracy shit beamed down from the mothership.” Two days later, Mr. Giuliani was in front of the state legislature, saying, “every single vote should be taken away from Biden.”His fabrications did not stop with false claims about the video. He helped oversee the scheme in which false elector certificates were submitted in favor of Mr. Trump rather than Mr. Biden.Mr. Giuliani had another lawyer send memos to Trump points of contact in several states, explaining how they could mimic legitimate electors, but the memo didn’t mention that they intended to disrupt the certification of Mr. Biden’s victory on Jan. 6. When some Trump false electors in Pennsylvania expressed concerns about participating, Mr. Giuliani assured them that the certificates they signed would be used only if Mr. Trump won certain litigation according to one of the federal indictments. He didn’t appear to give any such assurances to the fake electors from other states, and the false certificates with their names were submitted. False electors from Michigan are now facing state charges.On the night of the Jan. 6 attack on the Capitol, Mr. Giuliani placed calls to members of Congress in an attempt to continue to spread the debunked charges in hopes of buying time to delay certification of Mr. Biden’s victory, according to one of the federal indictments against Mr. Trump. “Georgia gave you a number in which 65,000 people who were underage voted,” he said in a phone message that federal prosecutors claim was intended for a U.S. senator. The correct number was zero.After spending years of his life escaping the shadow of his father’s criminal past — Harold Giuliani served a year and four months in Sing Sing for robbing a milkman — Mr. Giuliani put his future and even personal freedom on the line for Mr. Trump. He is now facing prison time himself.Faced with the political irrelevance and collapsing client base that would accompany Mr. Trump’s defeat, he seemingly made a Faustian bargain, working to undermine democracy in order to save his career. He was ultimately thwarted by the rule of law, and his own bumbling. The disaster he has made of his life, and the ruination of his legacy, are of his own making.“I am a basically simple person,” Mr. Giuliani told a reporter back in 1989. “I think there are rules, [and] you have to try to live as best you can by those rules. If those rules are laws, you had better darn well live by them.”After a half-century crafting, enforcing and then breaking those rules, Mr. Giuliani is now faced with the reality that they apply to him.Andrew Kirtzman is the author of “Giuliani: The Rise and Tragic Fall of America’s Mayor,” for which David Holley served as the researcher.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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      In Georgia, a Test of Rudy Giuliani’s Loyalty to Trump

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      Michelle Cottle and Donald Trump has been indicted, again. But this time, he’s got company. The Opinion writers Michelle Cottle and David French discuss why that makes this indictment different — and potentially more effective — than the others.(A full transcript of this audio essay will be available midday on the Times website.)Illustration by Akshita Chandra; photograph by Doug Mills/The New York TimesThe 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.This Times Opinion Short was produced by Phoebe Lett. It was edited by Stephanie Joyce and Annie-Rose Strasser. Mixing by Carole Sabouraud. Original music by Isaac Jones. Fact-checking by Mary Marge Locker and Kate Sinclair. Audience strategy by Shannon Busta, Kristina Samulewski and Derek Arthur. More

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      Why the Fani Willis Prosecution of Donald Trump Is Indispensable

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      When the Fulton County, Ga., district attorney, Fani Willis, filed criminal charges against Donald Trump and over a dozen of his allies for their attempt to overturn Georgia’s 2020 presidential election results, she did something ingenious.In contrast to the special counsel Jack Smith’s latest laser-focused federal indictment of Mr. Trump, Ms. Willis charges a wide range of conspirators, from people in the Oval Office to low-level Georgia G.O.P. functionaries, and is the first to plumb the full depths, through a state-focused bathyscaph, of the conspiracy.Her case also provides other important complements to the federal matter: Unlike Mr. Smith’s case, which will almost certainly not be broadcast because of federal standards, hers will almost certainly be televised, and should Mr. Trump or another Republican win the White House, Ms. Willis’s case cannot be immediately pardoned away. It offers transparency and accountability insurance. As she said in her news conference on Monday night, “The state’s role in this process is essential to the functioning of our democracy.”But the indictment stands out, above all, because Georgia offers uniquely compelling evidence of election interference — and a set of state criminal statutes tailor-made for the sprawling, loosely organized wrongdoing that Mr. Trump and his co-conspirators are accused of engaging in. It is a reminder of the genius of American federalism: When our democracy is threatened, states have an indispensable part to play in protecting it.At 98 pages, Ms. Willis’s indictment is more than twice the size of Mr. Smith’s indictment in his Jan. 6 case and contains 19 defendants to his one. The indictment charges 41 counts (to Mr. Smith’s four) — among them, Georgia election crimes like solicitation of violation of oath by public officer (for Mr. Trump’s infamous demand to Georgia’s secretary of state, Brad Raffensperger, to just “find 11,780 votes”) and state offenses like forgery and conspiracy to commit forgery (for creating fake electoral certificates) and conspiracy to commit computer trespass (for unlawfully accessing election machines in Coffee County to attempt to prove that votes were stolen).The large cast of defendants populates a complete conspiracy chain of command and features the famous (Mr. Trump, his chief of staff Mark Meadows and his lawyer Rudy Giuliani), the infamous (the Trump attorneys John Eastman, Ken Chesebro and Jeffrey Clark) and the otherwise unknown (including Georgia state false electors and local Trump campaign allies without whom the plot would have stalled).Ms. Willis ties them all together by levying one charge against Mr. Trump and each of the 18 other defendants under Georgia’s Racketeer Influenced and Corrupt Organization Act, or RICO, accusing Mr. Trump and his co-conspirators of functioning as a criminal gang.American law has long recognized through the crime of conspiracy that combinations of criminals are more dangerous than lone wolves. RICO is conspiracy on steroids, providing for stiffer penalties and other advantages like bringing multiple loosely connected conspiracies under one umbrella.Georgia has one of the most capacious RICO statutes in the country. The state’s legislature enacted it specifically to “apply to an interrelated pattern of criminal activity” and mandated courts to “liberally construe” it to protect the state and its citizens from harm. Under the law, prosecutors can charge a sprawling criminal enterprise and even include individuals who may not have known “of the others’ existence,” as one court put it.Here, the statute may be triggered by violations of an array of federal crimes as well as over 40 charges specific to Georgia, including forgery, false statements and influencing witnesses.Georgia RICO has become Ms. Willis’s signature. She applied it in cases like the Atlanta teacher cheating scandal, in which educators engaged in a wide-ranging scheme to inflate scores on standardized tests, and the prosecution of the rapper Young Thug, in which he co-founded a street gang that was accused of committing almost 200 criminal acts.In using RICO, Ms. Willis accuses Mr. Trump of functioning like a gang leader overseeing a theft ring, except instead of stealing cash or cars, he and his allies are accused of attempting to purloin the Georgia presidential election results.The overall charge includes four core schemes. The first was to pressure government officials to advance the objective of securing Georgia’s electoral votes for Mr. Trump, even though he lost. For the evidence here, in addition to Mr. Trump’s call to Mr. Raffensperger, Ms. Willis details other efforts by Mr. Trump and his co-defendants — including Mr. Giuliani’s pressuring of state legislators, Mr. Meadows’s pressure on election authorities and the co-conspirators’ lies and intimidation targeting the ballot counters Ruby Freeman and Wandrea Moss, who goes by Shaye. This also includes efforts in Washington that affected Georgia, such as the Department of Justice lawyer Jeffrey Clark’s preparation of an allegedly fraudulent draft letter targeting the state.Two-person audit boards working to recount ballots at the Gwinnett County Board of Registrations and Elections in Lawrenceville, Ga.Damon Winter/The New York TimesThe second scheme was the organization of electors falsely proclaiming that Mr. Trump was the winner in Georgia. Ms. Willis alleges that Mr. Trump personally participated in this effort; for example, he called the Republican National Committee with Mr. Eastman from the White House to organize the fake slates of electors, including in Georgia. And she charges a great deal of other activity in and outside Georgia.The third scheme was the unlawful accessing of voting machines in Coffee County, a rural county southeast of Atlanta. The indictment asserts that, after a White House conversation about getting access to election machines to prove supposed vote theft, Sidney Powell, a lawyer tied to Mr. Trump, along with Trump campaign allies and computer consultants, conspired to gain access to voting equipment in Coffee County.Ms. Willis’s inclusion of that plan spotlights what has been one of the more neglected aspects of the nationwide effort. Mr. Smith does not even mention it in his federal indictment. Yet the Willis indictment alleges that this was part of a plan discussed (in general terms) in the Oval Office.The fourth and final scheme is what has become a trademark allegation against Mr. Trump and his circle: obstruction and cover-up. Ms. Willis alleges that members of the conspiracy filed false documents, made false statements to government investigators and committed perjury during the Fulton County judicial proceedings.In addition to the RICO charges, each of the 19 defendants is charged with at least one other offense. Perhaps most telling among these is the charge against Mr. Trump and six others of felony solicitation of violation of oath by a public officer. This fits Mr. Trump’s demand for those 11,780 votes like a glove.Mr. Trump has already begun to defend himself, trying to get Ms. Willis and her special grand jury disqualified, based on an array of supposed conflicts and other grievances. The Georgia courts have already repeatedly rejected those arguments. He will also probably employ defenses similar to ones he and his legal team have laid out in pending criminal matters elsewhere, seeking removal to federal court and advancing First Amendment and intent defenses that have been picked apart by many legal experts.He and his co-conspirators may attempt to challenge the RICO charges on technical grounds, for example, arguing that the conspiracies are not sufficiently related under the statute. But Ms. Willis powerfully alleges otherwise, in particular emphasizing the unifying objective of Mr. Trump’s wrongfully seizing Georgia’s electoral votes.That all of this is likely to play out on television only deepens the historic nature of the indictment. Georgia law makes generous allowance for court proceedings to be broadcast, with the state rightly considering open courtrooms to be “an indispensable element of an effective and respected judicial system.” Assuming that rules against televising federal trials stand, the Georgia trial would be the only one that the public could watch as it unfolds. We know from the Jan. 6 hearings — as well as, in an earlier era, the Watergate hearings — the power of seeing and hearing these events. And they will remain for viewing in posterity as a lesson in the rule of law.There is one final important advantage of the Georgia case. It is shielded from what may be Mr. Trump’s ultimate hope: the issuance of a pardon should he or another Republican be elected president in 2024 (or a command by a Republican that the Justice Department simply drop the case). A president’s power to pardon federal offenses does not extend to state crimes.And pardons in Georgia are not an unreviewable power vested solely in the chief executive. They are awarded by the State Board of Pardons and Paroles — and are not even available until five years after completion of all sentences.The indictment from Ms. Willis strongly complements the federal case. It adds dimensionality, transparency and additional assurance of accountability for the former president and those who betrayed democracy in Georgia.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate attorney in Savannah, Ga.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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      Before He Faces a Jury, Trump Must Answer to Republican Voters

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      After three other criminal indictments were filed against him, Donald Trump was accused on Monday of racketeering. In a new indictment, Fani Willis, the district attorney of Fulton County, Ga., charged him with leading what was effectively a criminal gang to overturn the 2020 presidential election in that state.The grand jury indictment says Mr. Trump and 18 others violated the state’s Racketeer Influenced and Corrupt Organizations Act, or RICO law, established by the federal government and more than 30 states and used to crack down on Mafia protection rackets, biker gangs and insider trading schemes. The Georgia indictment alleges that Mr. Trump often behaved like a mob boss, pressuring the Georgia secretary of state to decertify the Georgia election and holding a White House meeting to discuss seizing voting equipment.Mr. Trump, along with a group of associates that included his former chief of staff, Mark Meadows, and one of his lawyers at the time, the former New York mayor Rudolph Giuliani, were also accused of a series of crimes that go beyond even the sweeping federal indictment filed this month by the special counsel Jack Smith. The former president, for example, was charged with conspiracy to commit first-degree forgery, for arranging to have a false set of Georgia electors sent to Washington to replace the legitimate ones for Joe Biden. That same act also resulted in a charge against Mr. Trump of conspiracy to impersonate a public officer and a series of charges relating to filing false statements and trying to get state officials to violate their oath of office.Taken together, these four indictments — which include more than 90 federal and state criminal charges implicating his official conduct during his term and acts afterward, as well as in his personal and business life — offer a road map of the trauma and drama Mr. Trump has put this nation through. They raise questions about his fitness for office that go beyond ideology or temperament, focusing instead on his disdain for American democracy.And yet these questions will ultimately be resolved not by the courts but by the electorate. Republican primary voters, in particular, are being presented with an opportunity to pause and consider the costs of his leadership thus far, to the health of the nation and of their party, and the further damage he could do if rewarded with another four years in power.Put aside, for the moment, everything that has happened in the eight years since Mr. Trump first announced his candidacy for president. Consider only what is now on reams of legal paper before the American people: evidence of extraordinarily serious crimes, so overwhelming that many other defendants would have already negotiated a plea bargain rather than go to trial. This is what he faces as he asks, once again, for the votes of millions of Americans.“I’m being indicted for you,” the former president has been telling his supporters. “They want to silence me because I will never let them silence you.” But time and again, Mr. Trump has put his ego and ambition over the interests of the public and of his own supporters. He has aggressively worked to undermine public faith in the democratic process and to warp the foundations of the electoral system. He repeatedly betrayed his constitutional duty to faithfully execute the nation’s laws. His supporters may be just as angered and disappointed by his loss as he is. But his actions, as detailed in these indictments, show that he is concerned with no one’s interests but his own. Among the accusations against him:He took dozens of highly classified documents, some involving nuclear secrets and attack plans, out of the White House and stored them at Mar-a-Lago, his Florida residence, where guests of all kinds visit each year. Then, despite being asked multiple times, he refused to return many of these documents, instead working with his aides and confidants to move and hide the boxes containing them and to destroy video surveillance records of those acts, even after a subpoena from the Justice Department.He attempted to overturn the 2020 election by using what he knew to be false claims of voter fraud to pressure numerous state and federal officials, including his own vice president and top officials of the Justice Department, to reverse voting results and declare him the winner.He sought to disenfranchise millions of American voters by trying to nullify their legally cast ballots in order to keep himself in office. In doing so, he colluded with dozens of campaign staff members and other associates to pressure state officials to throw out certified vote counts and to organize slates of fake electors to cast ballots for him.In one example of the personal damage he caused, Mr. Trump led a scheme to harass and intimidate a Fulton County election worker, Ruby Freeman, falsely accusing her of committing election crimes. The Georgia indictment — accusing him of the crime of false statements and writings in official matters — says he falsely called her a “professional vote scammer” who stuffed a ballot box with fraudulent votes for Mr. Biden.After having extramarital sex with an adult film actress, he falsified business records to hide $130,000 in hush-money payments to her before the 2016 election.That list does not include the verdict, by a New York State court in May, that Mr. Trump was civilly liable for sexual assault against E. Jean Carroll. Nor does it include the ongoing asset and tax fraud prosecution of the Trump Organization by the New York attorney general, Letitia James.Time and again, Mr. Trump has demanded that Republicans choose him over the party, and he has exposed and exploited some genuine rifts in the G.O.P., refashioning the party to suit his own agenda. The party will have to deal with those fault lines and may have to reconfigure itself and its platform. But if Republicans surrender to his demands, they may find themselves led by a candidate whose second term in office would be even more damaging to America and to the party than his first.A president facing multiple criminal trials, some prosecuted by his own Justice Department, could not hope to be effective in enforcing the nation’s laws — one of the primary duties of a chief executive. (If re-elected, Mr. Trump could order the federal prosecutions to be dropped, though that would hardly enhance his credibility.) A man accused of compromising national security would have little credibility in his negotiations with foreign allies or adversaries. No document could be assumed to remain secret, no communication secure. The nation’s image as a beacon of democracy, already badly tarnished by the Jan. 6 attack, may not survive the election of someone formally accused of systematically dismantling his own country’s democratic process through deceit.The charges in the Georgia case are part of the larger plot described in the federal indictment of Mr. Trump this month. But Ms. Willis used tools that weren’t available to Mr. Smith. Georgia’s RICO statute allows for many more predicate crimes than the federal version does, including false statements, which she used to bring the charge against several of the defendants in the fake-elector part of the scheme.Altogether, the Fulton grand jury cited 161 separate acts in the larger conspiracy, from small statements like false tweets to major violations like trying to get the Georgia secretary of state, Brad Raffensperger, to decertify the state’s election by “unlawfully altering” the official vote count, which was in Mr. Biden’s favor. Though some of the individual acts might not be crimes themselves, they added up to what Ms. Willis called a scheme by “a criminal organization whose members and associates engaged in various related criminal activities,” all for the benefit of the former president of the United States.Those legal tools are part of a broad American justice ecosystem that is, at its core, a mechanism for seeking the truth. It is not designed to care about politics or partisanship; it is supposed to establish facts. To do so, it tests every claim rigorously, with a set of processes and rules that ensure both sides can be heard on every issue, and then it puts the final decision to convict in the hands of a jury of the defendant’s peers, who will make the weighty decision of guilt or innocence.And that is what makes this moment different from all the chaos of the past eight years. Mr. Trump is now a criminal defendant four times over. While he is innocent until proven guilty, he will have to answer for his actions.But almost certainly before then, he will have to answer to Republican voters. His grip on the party has proved enduring but not universal; while he is far ahead of the other candidates, a recent New York Times/Siena College poll showed that he is the choice of only 54 percent of likely primary voters. And about half of Republican voters told pollsters for Reuters/Ipsos that they would not vote for him if he was convicted of a felony.The indictments — two brought by elected prosecutors who are Democrats, all of them arriving before the start of Republican presidential primaries — have been read by many as political, and Republicans have said without evidence they are all organized for the benefit of Mr. Biden. Mr. Trump has amplified that message and used it to drive fund-raising for his campaign. Although the outcome of these indictments may have a political impact, that alone does not make them political. To assume that any prosecution of a political figure is political would, in effect, “immunize all high-ranking powerful political people from ever being held accountable for the wrongful things they do,” said Kristy Parker, a lawyer with the advocacy group Protect Democracy. “And if you do that, you subvert the idea that this is a rule-of-law society where everybody is subject to equal justice.”Mr. Trump has repeatedly offered Republicans a false choice: Stick by me, or the enemy wins. But a healthy political party does not belong to or depend on one man, particularly one who has repeatedly put himself over his party and his country. A healthy democracy needs at least two functioning parties to challenge each other’s honesty and direction. Republican voters are key to restoring that health and balance.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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      in Elections

      Man Pleads Guilty to Sending Bomb Threat to Arizona Election Official

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      The man made the threat online and searched for the official’s address and name with the words “how to kill,” according to prosecutors.A Massachusetts man who searched online for an Arizona election official’s address and name along with the words “how to kill” pleaded guilty on Friday to making a bomb threat to the official, the U.S. Justice Department said.The man, James W. Clark, 38, of Falmouth, Mass., sent the threat on Feb. 14, 2021, by using a contact form on the website for the Arizona Secretary of State’s election division, prosecutors said.The message was addressed to the official, who is not named in public court documents, and said the official needed “to resign by Tuesday February 16th by 9 am or the explosive device impacted in her personal space will be detonated.”Prosecutors said Mr. Clark also searched a few days later for information about the Boston Marathon bombings, which killed three people in 2013.When Mr. Clark made the threat, Arizona’s secretary of state was Katie Hobbs, who is now the governor.After Mr. Clark was arrested in July 2022, Ms. Hobbs’s office told reporters that she was the target of the bomb threat and that it was one of thousands of threats she received after the 2020 presidential election.Ms. Hobbs’s office could not immediately be reached for comment on Sunday. Mr. Clark’s lawyer did not immediately respond to a request for comment.Threats against election workers and officials increased after former President Donald J. Trump spread the lie that fraud had cost him the 2020 presidential election.In Arizona, which Joseph R. Biden Jr. won by a little over 10,000 votes, politicians and other conspiracy theorists aligned with Mr. Trump claimed without evidence that the election was marred fraud.A review of the election by Mark Brnovich, a Republican who served as Arizona’s attorney general until January, which was released by his Democratic successor in February, discredited the numerous claims of problems.Scholars who study political violence say threats of political violence, and actual attacks, have become more common because of a heightened use of dehumanizing and apocalyptic language, particularly by right-wing politicians and media.The U.S. attorney general, Merrick B. Garland, said in a statement about Mr. Clark’s guilty plea that the Justice Department was investigating and prosecuting illegal acts against election officials and workers.“Americans who serve the public by administering our voting systems should not have to fear for their lives simply for doing their jobs,” Mr. Garland said.Mr. Clark pleaded guilty to one count of making a threatening interstate communication and faces a maximum of five years in prison. He is scheduled to be sentenced on Oct. 26.The F.B.I. field office in Phoenix is investigating Mr. Clark’s case with help from the F.B.I. field office in Boston.The investigation is part of the Election Threats Task Force, a group started by the Justice Department in June 2021 to address threats against election workers.One in six local election officials has personally experienced threats, according to a survey by the Brennan Center for Justice conducted online in January and February of 2022, and nearly a third of the officials said they knew an election worker who had left the job at least in part because of safety concerns, threats or intimidation. More

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      Republicans Wanted a Special Counsel Investigation of Hunter Biden. Now Many Oppose It.

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      Although some G.O.P. lawmakers see the appointment of David C. Weiss as a vindication of their strategy, others criticize the now-scuttled plea deal he struck with Mr. Biden.Congressional Republicans have for months repeatedly written to Attorney General Merrick B. Garland demanding he appoint a special counsel to investigate Hunter Biden, the president’s son, over his business dealings.Some even demanded that a specific man be named to lead the inquiry: David C. Weiss, the Trump-appointed Delaware U.S. attorney who has long investigated the case.But on Friday, after Mr. Garland elevated Mr. Weiss to special counsel status, Republicans in Congress reacted publicly not with triumph, but with outrage. “David Weiss can’t be trusted and this is just a new way to whitewash the Biden family’s corruption,” Republicans on the House Judiciary Committee wrote on X, the social media platform formerly known as Twitter.The reaction was a notable political development, one that underscored both how Mr. Weiss, a Republican, has fallen in conservative circles, and how deeply it has become ingrained in the G.O.P. to oppose the Justice Department at every turn.“The reality is this appointment is meant to distract from, and slow down, our investigations,” said Representative Jason Smith, Republican of Missouri and chairman of Ways and Means, one of three congressional committees looking into the Biden family’s finances.But in interviews, away from social media and television appearances, the reaction of many Republicans to Mr. Weiss’s appointment was more nuanced. Privately, some in the G.O.P. were chalking up the development as a victory.The party had worked for years to elevate the Hunter Biden case — which Democrats have long dismissed as a partisan obsession of the right — to a scandal equivalent to those dogging former President Donald J. Trump, who has faced two impeachment trials, two special counsel investigations and three indictments totaling 78 felony counts against him. Those indictments include charges of conspiracy to defraud the United States and willfully retaining national defense information after he left office.By contrast, Hunter Biden has thus far been accused of two misdemeanor crimes stemming from his failure to pay taxes on more than $1.5 million in income related to his overseas business deals, and one felony count of illegally possessing a firearm while being a drug user.After leaving his job as a lobbyist while his father was running to become vice president more than a decade ago, Hunter Biden, a Yale-educated lawyer, and partners entered into a series of international business relationships, often with firms seeking influence and access within the United States. Mr. Biden was paid handsomely, even as he descended into drug addiction, and Republicans have accused him and his family of corruption. But they have not produced evidence that any of the overseas money went to President Biden or that the president influenced U.S. policy to benefit his son’s business partners.“This appointment is meant to distract from, and slow down, our investigations,” said Representative Jason Smith, Republican of Missouri and chairman of the House Ways and Means Committee, which is looking into the Biden family’s finances.Brendan Smialowski/Agence France-Presse — Getty ImagesEven as they objected to Mr. Weiss, some Republicans said the appointment appeared to be an acknowledgment that the allegations they had made deserved a serious investigation. It promised to keep Hunter Biden’s misdeeds in the news — and in the courts — for longer than Democrats would like as the 2024 presidential election heats up. And it ensured that in the minds of some voters the names Trump and Biden would both be linked to scandal, even if Republicans have not proved any wrongdoing by the current president.In an interview with Newsmax, a top Trump adviser, Jason Miller, appeared to echo both sentiments, and foreshadowed coming attacks.Mr. Miller said the appointment of Mr. Weiss “stinks” and accused the prosecutor of sitting on his hands for years. But, he added, ”I do want to make sure that my Republican brethren” don’t ”lose sight of the big prize here.”He described the appointment of a special counsel as “a direct acknowledgment that Hunter Biden did something wrong,” and he recalled President Biden saying in a 2020 debate with Mr. Trump that he had not done anything wrong.Since Mr. Weiss announced a proposed plea deal in June with Mr. Biden — an agreement that would have allowed him to avoid jail time on tax and gun charges but has since fallen apart — Republicans in Congress have sharply criticized the government, accusing the Justice Department of leniency with the president’s son as they conduct their own investigations in an effort to tie his overseas business dealings to the president. House Republicans have also brought forth two I.R.S. agents who worked on Mr. Weiss’s investigation and claimed there had been political interference.One allegation made by the I.R.S. agents was that Mr. Weiss had sought to bring charges against Hunter Biden in Washington and California but had been rebuffed by prosecutors in those jurisdictions who declined to partner with him. The order appointing Mr. Weiss to special counsel authorizes him to bring charges in any jurisdiction.Alyssa DaCunha, a co-chair of the congressional investigations practice at the law firm WilmerHale, said she believed House Republicans’ investigations and their criticisms of the proposed plea deal had “caught the attention” of the Justice Department.“There’s a real need to make sure that whatever charging decisions are made are very, very well supported and the department can really stand behind them,” Ms. DaCunha said. “It seems like this will extend the life of the investigation, and so there are lots of ways in which this is going to complicate the narrative for Democrats moving forward and give the Republicans lots of leverage.”Some House Republicans close to Mr. Trump acknowledged they were pleased with the announcement of the special counsel. For Mr. Trump, in particular, it provided him with the investigation he has long desired to be able to depict the Biden family as corrupt, even as Hunter Biden’s alleged crimes are significantly less severe than the charges Mr. Trump is facing.Mr. Trump’s statement did not suggest that he viewed the appointment of a special counsel as a bad development, merely that it had come late, something his advisers also argued in private.Hunter Biden’s plea deal on tax and gun charges fell apart in court last month.Kenny Holston/The New York TimesMike Pence, the former vice president who is now running against Mr. Trump, was among the few well-known Republicans to openly praise Mr. Weiss’s appointment.But other Republicans were worried the development could be used to block their investigations. Mr. Weiss had pledged to testify on Capitol Hill this fall, but those Republicans predicted he could now cite the special counsel investigation to refuse to do so.The announcement also gives President Biden and Mr. Garland some political cover against Republican accusations that Mr. Trump is a victim of a two-tier system of justice, placing the investigation outside the normal workings of the Justice Department. It could also undercut Republican arguments that an impeachment inquiry of the president is necessary.“In the near term, it gives Republicans the ability to say it legitimizes what they’ve been looking into and it helps give more momentum to their different oversight activities,” said Michael Ricci, a former top communications official to two Republican House speakers and a current fellow at Georgetown University’s Institute of Politics and Public Service. “But in the longer term, the White House will absolutely use this as an argument against any kind of rush into impeachment.”Several Republicans said their respect for Mr. Weiss had declined after he entered into the plea deal with Hunter Biden.Senator Chuck Grassley, Republican of Iowa, who had once called for Mr. Weiss to be made special counsel, said he no longer stands by that belief. “Given the underhanded plea deal negotiated by the U.S. attorney from President Biden’s home state, it’s clear Mr. Weiss isn’t the right person for the job,” Mr. Grassley said.Senator Charles E. Grassley, Republican of Iowa, had once called for Mr. Weiss to be made special counsel but said the plea deal changed his mind. Kenny Holston/The New York TimesBut Democrat-aligned groups saw something else in the Republicans’ about-face: disingenuousness.“House Republicans’ opposition to Trump appointee David Weiss’s appointment as special counsel is nothing more than another political stunt,” said Kyle Herrig, the director of the Congressional Integrity Project, an advocacy group that defends President Biden from congressional investigations. “After months of calling for this, their dismay makes clear that they will stop at nothing to weaponize Congress to interfere with an ongoing investigation and harm Joe Biden.” More