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      Justice Dept. Issues 40 Subpoenas in a Week, Expanding Its Jan. 6 Inquiry

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      It also seized the phones of two top Trump advisers, a sign of an escalating investigation two months before the midterm elections.WASHINGTON — Justice Department officials have seized the phones of two top advisers to former President Donald J. Trump and blanketed his aides with about 40 subpoenas in a substantial escalation of the investigation into his efforts to subvert the 2020 election, people familiar with the inquiry said on Monday.The seizure of the phones, coupled with a widening effort to obtain information from those around Mr. Trump after the 2020 election, represent some of the most aggressive steps the department has taken thus far in its criminal investigation into the actions that led to the Jan. 6, 2021, assault on the Capitol by a pro-Trump mob.The extent of the investigation has come into focus in recent days, even though it has often been overshadowed by the government’s legal clash with Mr. Trump and his lawyers over a separate inquiry into the handling of presidential records, including highly classified materials, the former president kept at his residence in Florida, Mar-a-Lago.Federal agents with court-authorized search warrants took phones last week from at least two people: Boris Epshteyn, an in-house counsel who helps coordinate Mr. Trump’s legal efforts, and Mike Roman, a campaign strategist who was the director of Election Day operations for the Trump campaign in 2020, people familiar with the investigation said.Mr. Epshteyn and Mr. Roman have been linked to a critical element of Mr. Trump’s bid to hold onto power: the effort to name slates of electors pledged to Mr. Trump from swing states won by Joseph R. Biden Jr. in 2020 as part of a plan to block or delay congressional certification of Mr. Biden’s Electoral College victory.Key Revelations From the Jan. 6 HearingsCard 1 of 9Making a case against Trump. More

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      Two Top Trump Political Aides Among Those Subpoenaed in Jan. 6 Case

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      Stephen Miller, a senior policy adviser, and Brian Jack, who served as White House political director, are among those who received requests for information this week from a federal grand jury.The Justice Department has subpoenaed two former top White House political advisers under President Donald J. Trump as part of a widening investigation related to Mr. Trump’s post-election fund-raising and plans for so-called fake electors, according to people briefed on the matter.Brian Jack, the final White House political director under Mr. Trump, and Stephen Miller, Mr. Trump’s top speechwriter and a senior policy adviser, were among more than a dozen people connected to the former president to receive subpoenas from a federal grand jury this week.The subpoenas seek information in connection with the Save America political action committee and the plan to submit slates of electors pledged to Mr. Trump from swing states that were won by Joseph R. Biden Jr. in the 2020 election. Mr. Trump and his allies promoted the idea that competing slates of electors would justify blocking or delaying certification of Mr. Biden’s Electoral College win during a joint session of Congress on Jan. 6, 2021.A lawyer for Mr. Miller declined to comment. Mr. Jack, who remains an adviser to Mr. Trump as well as to Representative Kevin McCarthy of California, the House Republican leader, and several other House Republicans, declined to comment.A subpoena does not indicate someone is under investigation, but the Justice Department may send one to people from whom it is seeking information.Key Revelations From the Jan. 6 HearingsCard 1 of 9Making a case against Trump. More

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      Trump’s Post-Election Fund-Raising Comes Under Scrutiny by Justice Dept.

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      A federal grand jury has issued subpoenas seeking information about Save America PAC, which was formed as Donald J. Trump promoted baseless assertions about election fraud.A federal grand jury in Washington is examining the formation of — and spending by — a fund-raising operation created by Donald J. Trump after his loss in the 2020 election as he was soliciting millions of dollars by baselessly asserting that the results had been marred by widespread voting fraud.According to subpoenas issued by the grand jury, the contents of which were described to The New York Times, the Justice Department is interested in the inner workings of Save America PAC, Mr. Trump’s main fund-raising vehicle after the election. Several similar subpoenas were sent on Wednesday to junior and midlevel aides who worked in the White House and for Mr. Trump’s presidential campaign.The fact that federal prosecutors are now seeking information about the fund-raising operation is a significant new turn in an already sprawling criminal investigation into the roles that Mr. Trump and some of his allies played in trying to overturn the election, an array of efforts that culminated with the mob attack on the Capitol on Jan. 6, 2021.The expanded Jan. 6 inquiry is playing out even as Mr. Trump is also under federal investigation on an entirely different front: his decision to hold onto hundreds of government documents marked as classified when he left office and his failure to comply with efforts by the National Archives and the Justice Department to compel their return.On Thursday, the Justice Department asked a federal judge to revisit her decision to temporarily stop prosecutors from gaining access to the classified documents for use in that investigation.The new subpoenas related to Mr. Trump’s fund-raising vehicle did not make clear what possible crime or crimes the Justice Department might be investigating. The House select committee investigating the attack on the Capitol and what led to it has also been examining Mr. Trump’s fund-raising operation, and has raised questions about whether it had duped donors through misleading appeals about election fraud.The Justice Department’s Jan. 6 inquiry related to Mr. Trump has so far largely centered on a plan to create slates of electors pledged to him in seven key swing states that Joseph R. Biden Jr. had won.The new subpoenas appeared to have been issued by a different grand jury than the one that has been gathering evidence about the so-called fake electors plan, although the two grand juries seemed to be focused on some overlapping subjects.The inquiry into Mr. Trump’s fund-raising appears to be at a relatively early stage.Save America was officially registered with the Federal Election Commission on Nov. 9, 2020 — two days after news organizations declared Mr. Biden’s victory over Mr. Trump.Since then, it has been a key hub of an operation controlled by Mr. Trump’s team that has been the dominant force in Republican low-dollar fund-raising.Key Revelations From the Jan. 6 HearingsCard 1 of 9Making a case against Trump. More

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      Ex-U.S. Attorney’s Book Addresses Pressure to Help Trump Causes

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      Geoffrey S. Berman, who headed the Manhattan office, says in a book the Justice Department pushed cases, against John Kerry and others, to help Mr. Trump.A book by a former top federal prosecutor offers new details about how the Justice Department under President Donald J. Trump sought to use the U.S. attorney’s office in Manhattan to support Mr. Trump politically and pursue his critics — even pushing the office to open a criminal investigation of former secretary of state John Kerry.The prosecutor, Geoffrey S. Berman, was the U.S. attorney for the Southern District of New York for two and a half years until June 2020, when Mr. Trump fired him after he refused a request to resign by Attorney General William P. Barr, who sought to replace him with an administration ally.A copy of Mr. Berman’s book, “Holding the Line,” was obtained by The New York Times before its scheduled publication Tuesday.The book paints a picture of Justice Department officials motivated by partisan concerns in pursuing investigations or blocking them; in weighing how forthright to be in court filings; and in shopping investigations to other prosecutors’ offices when the Southern District declined to act.The book contains accounts of how department officials tried to have allusions to Mr. Trump scrubbed from charging papers for Michael D. Cohen, his former personal lawyer, and how the attorney general later tried to have his conviction reversed. It tells of pressure to pursue Mr. Kerry, who had angered Mr. Trump by attempting to preserve the nuclear deal he had negotiated with Iran.And in September 2018, Mr. Berman writes, two months before the November midterms, a senior department official called Mr. Berman’s deputy, cited the Southern District’s recent prosecutions of two prominent Trump loyalists, and bluntly asserted that the office, which had been investigating Gregory B. Craig, a powerful Democratic lawyer, should charge him — and should do so before Election Day.“It’s time for you guys to even things out,” the official said, according to Mr. Berman.The book comes as Mr. Trump and his supporters have accused the Biden administration and Attorney General Merrick Garland of using the Justice Department as a weapon after a judge authorized FBI agents to search his Florida house for missing classified records. Mr. Trump, who is a likely presidential candidate in 2024, has suggested without evidence that President Biden is playing a role in that investigation.However, Mr. Berman’s book says that during Mr. Trump’s presidency, department officials made “overtly political” demands, choosing targets that would directly further Mr. Trump’s desires for revenge and advantage. Mr. Berman wrote that the pressure was clearly inspired by the president’s openly professed wants.In the book, Mr. Berman, who as U.S. attorney did not give news interviews, offers new details about the high-profile prosecutions of defendants like Mr. Cohen; Chris Collins, a Republican congressman from New York; Michael Avenatti, the celebrity attorney and Trump antagonist; and Jeffrey Epstein, the disgraced financier.He says there were cases his office pursued without pressure from Washington, but in others, he makes clear his greatest challenges did not always have to do with the law.“Throughout my tenure as U.S. attorney,” Mr. Berman, 62, writes, “Trump’s Justice Department kept demanding that I use my office to aid them politically, and I kept declining — in ways just tactful enough to keep me from being fired.”“I walked this tightrope for two and a half years,” writes Mr. Berman, who is now in private practice. “Eventually, the rope snapped.”Geoffrey S. Berman, fired as U.S. attorney, said he was naïve about President Trump’s fierce desire to pursue his critics. Johannes Eisele/Agence France-Presse — Getty ImagesMr. Berman, who in the book describes himself as a Rockefeller Republican, had been a federal prosecutor in the Manhattan office from 1990 to 1994, and went on to become a co-managing partner of the New Jersey office of the law firm Greenberg Traurig.What to Know About the Trump InvestigationsCard 1 of 6What to Know About the Trump InvestigationsNumerous inquiries. More

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      F.B.I. Sought Interview With Trump Aide in Capitol Riot Case

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      Federal prosecutors issued a subpoena to William Russell, who served as a special assistant to the former president, and went to his home in Florida.Federal prosecutors issued a subpoena to a personal aide to former President Donald J. Trump as part of the investigation into the events leading up to the riot at the Capitol on Jan. 6, 2021, people familiar with the matter said.The move suggests that investigators have expanded the pool of people from whom they are seeking information in the wide-ranging criminal investigation into efforts by Mr. Trump and his allies to reverse his loss in the 2020 election and that agents are reaching into the former president’s direct orbit.This week, F.B.I. agents in Florida tried to approach William S. Russell, a 31-year-old aide to Mr. Trump who served as a special assistant and the deputy director of presidential advance operations in the White House. He continued to work for Mr. Trump as a personal aide after he left office, one of a small group of officials who did so.It was not immediately clear what the F.B.I. agents wanted from Mr. Russell; people familiar with the Justice Department’s inquiry said he has not yet been interviewed. But a person with knowledge of the F.B.I.’s interest said that it related to the grand jury investigation into events that led to the Capitol attack by Mr. Trump’s supporters.That investigation is said to have focused extensively on the attempts by some of Mr. Trump’s advisers and lawyers to create slates of fake electors from swing states. Mr. Trump and his allies wanted Vice President Mike Pence to block or delay certification of the Electoral College results during a joint session of Congress on Jan. 6 to allow consideration of Trump electors whose votes could have changed the outcome.Key Revelations From the Jan. 6 HearingsCard 1 of 9Key Revelations From the Jan. 6 HearingsMaking a case against Trump. More

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      Trump Investigations Face a Dilemma Before the Midterm Elections

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      Justice Department officials are debating how an unwritten rule should affect the criminal investigations into Jan. 6 and the former president’s handling of sensitive documents.WASHINGTON — As the midterm elections near, top Justice Department officials are weighing whether to temporarily scale back work in criminal investigations involving former President Donald J. Trump because of an unwritten rule forbidding overt actions that could improperly influence the vote, according to people briefed on the discussions.Under what is known as the 60-day rule, the department has traditionally avoided taking any steps in the run-up to an election that could affect how people vote, out of caution that such moves could be interpreted as abusing its power to manipulate American democracy.Mr. Trump, who is not on the ballot but wields outsize influence in the Republican Party, poses a particular dilemma for Attorney General Merrick B. Garland, whose department is conducting two investigations involving the former president. They include the sprawling inquiry into the Jan. 6 riot and his related effort to overturn the 2020 election and another into his hoarding of sensitive government documents at his Florida club and residence.A Justice Department spokesman declined to comment. But as the 60-day deadline looms this week, the highly unusual situation offers no easy answers, said Jack Goldsmith, a Harvard Law School professor and the former head of the Justice Department’s Office of Legal Counsel.“It’s an unwritten rule of uncertain scope, so it’s not at all clear that it applies to taking investigative steps against a noncandidate former president who is nevertheless intimately involved in the November election,” Mr. Goldsmith said. “But its purpose of avoiding any significant impact on an election seems to be implicated.”Despite its name, the 60-day rule is a general principle rather than a written law or regulation. Its breadth and limits are undefined. The Justice Department has some formal policies and guidelines that relate to the norm, but they offer little clarity to how it should apply to the present situation.The department manual prohibits deliberately selecting the timing of any official action “for the purpose of affecting any election” or to intentionally help or hurt a particular candidate or party. It is vaguer about steps that do not have that motive but might still raise that perception; in such a case, it says, officials should consult the department’s public integrity section.In recent presidential election cycles, attorneys general have also issued written memos reminding prosecutors and agents to adhere to department policy when it comes to such sensitivities. In 2020, Attorney General William P. Barr required high-level approval for investigations to be opened into candidates running for certain offices.In May, Mr. Garland reiterated Mr. Barr’s edict in a memo issued during a midterm cycle. But none of those measures specifically forbid indicting political candidates or taking investigative or prosecutorial steps that could affect an election in the last 60 days before Election Day.In October 2016, the F.B.I. director, James B. Comey, departed from the Justice Department’s 60-day rule by telling Congress that the bureau was reopening its investigation into Hillary Clinton’s emails.Al Drago/The New York TimesA 2018 report by the Justice Department’s independent inspector general, Michael Horowitz, shed some rare insights into the 60-day rule. It examined the decisions by the former F.B.I. director, James B. Comey, less than two weeks before the 2016 election, to depart from the practice by reopening an investigation into Hillary Clinton’s use of a private email server and by telling Congress about it. Many believe Mr. Comey’s actions contributed to her narrow loss.A section of the 2018 report cited interviews with former senior Justice Department and F.B.I. officials who acknowledged the 60-day rule as an unwritten practice that informs department decisions. (It is unclear when or how it became a recognized norm.)The report quoted one former official as saying, “People sometimes have a misimpression there’s a magic 60-day rule or 90-day rule. There isn’t. But … the closer you get to the election the more fraught it is.” Another former top official told the inspector general that while drafting rules for 2016 election year sensitivities, the department’s leaders had “considered codifying the substance of the 60-day rule, but that they rejected that approach as unworkable.”The Trump InvestigationsCard 1 of 6The Trump InvestigationsNumerous inquiries. More

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      Garland Adds Limits at Justice Dept. on Political Activity of Staff

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      Attorney General Merrick B. Garland on Tuesday imposed new restrictions on partisan activity by political appointees at the Justice Department, a policy change that comes ahead of the midterm elections.The new rules prohibit employees who are appointed to serve for the duration of a presidential administration from attending rallies for candidates or fund-raising events, even as passive observers.Under the Hatch Act, which bars federal employees from engaging in political activities while on the job, the department had previously allowed appointees to attend such events as passive participants provided they had permission from a supervisor.That is now banned. Under the new policy, the department also prohibits appointees from appearing at events on election night or to support relatives who are running for office. Both had been allowed in the past with prior approval.“We have been entrusted with the authority and responsibility to enforce the laws of the United States in a neutral and impartial manner,” Mr. Garland wrote in a memo sent to department employees.“In fulfilling this responsibility, we must do all we can to maintain public trust and ensure that politics — both in fact and appearance — does not compromise or affect the integrity of our work,” he added.Mr. Garland’s memo was accompanied by a pair of notices from Jolene Ann Lauria, acting assistant attorney general for administration, reminding employees of the department’s existing regulations under the Hatch Act.All department employees are prohibited from engaging in political activity at work, and when using a government-issued phone, email account or vehicle. They are not allowed to seek partisan elective office, enlist subordinates in campaigns or ask co-workers for political donations.Other career employees, including F.B.I. employees and administrative law judges, are banned from a much broader array of partisan activity; they are prohibited, for example, from addressing a political rally or helping a political group with driving voters to the polls on Election Day.The policy change coincides with intensifying government investigations into former President Donald J. Trump.Mr. Trump has lashed out at the attorney general and President Biden, baselessly claiming that they conducted a partisan witch hunt in the search of his Mar-a-Lago residence in Florida on Aug. 8.After the search, the F.B.I. reported a surge in threats against its agents; an armed man tried to breach the bureau’s Cincinnati field office, before being killed in a shootout with the local police.Mr. Garland is also overseeing the sprawling investigation into the attack on the Capitol on Jan. 6, 2021, which has increasingly focused on the actions of Mr. Trump and his supporters.The attorney general has repeatedly said he will go where the evidence leads him, unmoved by political considerations or concerns about a backlash, without “fear or favor.” More

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      Possibility of Obstruction Looms Over Trump, Affidavit Suggests

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      Unredacted portions of the affidavit point to a crime that has been overshadowed amid disputes over classified information.WASHINGTON — When the Justice Department proposed redactions to the affidavit underlying the warrant used to search former President Donald J. Trump’s residence, prosecutors made clear that they feared the former president and his allies might take any opportunity to intimidate witnesses or otherwise illegally obstruct their investigation.“The government has well-founded concerns that steps may be taken to frustrate or otherwise interfere with this investigation if facts in the affidavit were prematurely disclosed,” prosecutors said in the brief.The 38-page affidavit, released on Friday, asserted that there was “probable cause to believe that evidence of obstruction will be found at” Mr. Trump’s Mar-a-Lago compound, indicating that prosecutors had evidence suggesting efforts to impede the recovery of government documents.Since the release of the search warrant, which listed three criminal laws as the foundation of the investigation, one — the Espionage Act — has received the most attention. Discussion has largely focused on the spectacle of the F.B.I. finding documents marked as highly classified and Mr. Trump’s questionable claims that he had declassified everything held at his residence.But by some measures, the crime of obstruction is a threat to Mr. Trump or his close associates that is as much or even more serious. The version investigators are using, known as Section 1519, was part of the Sarbanes-Oxley Act, a broad set of reforms enacted in 2002 after financial scandals at companies like Enron, Arthur Andersen and WorldCom.The heavily redacted affidavit provides new details of the government’s efforts to retrieve and secure the material in Mr. Trump’s possession, highlighting how prosecutors may be pursuing a theory that the former president, his aides or both might have illegally obstructed an effort of well over a year to recover sensitive documents that do not belong to him.To convict someone of obstruction, prosecutors need to prove two things: that a defendant knowingly concealed or destroyed documents, and that he did so to impede the official work of any federal agency or department. Section 1519’s maximum penalty is 20 years in prison, which is twice as long as the penalty under the Espionage Act.Julie O’Sullivan, a Georgetown University law professor who specializes in white-collar crime, said the emerging timeline of the government’s repeatedly stymied attempts to retrieve all the documents, coupled with claims by Mr. Trump that he did nothing wrong because he had declassified all the documents in his possession, raised significant legal peril for him.“He is making a mistake in believing that it matters whether it’s top secret or not,” she said. “He is essentially conceding that he knew he had them.” If so, she added, then not giving them back was “obstructing the return of these documents.”The cloud of potential obstruction carries echoes of the Russia investigation led by the special counsel, Robert S. Mueller III. That inquiry ended up being as much about how Mr. Trump had sought to impede his work, as it was about scrutinizing Russia’s efforts to manipulate the 2016 election and the nature of myriad Russian links to people associated with Mr. Trump’s campaign.Explore Our Coverage of the Trump InvestigationsWhite House Documents: Mr. Trump kept more than 700 pages of classified documents, according to a letter from the National Archives. The Justice Department is said to have retrieved more than 300 classified documents from Mr. Trump since he left office.A Showdown in Georgia: Senator Lindsey Graham is fighting efforts to force him to testify before an Atlanta special grand jury investigating election interference by Mr. Trump and his allies in the state.Invoking the Fifth Amendment: Sitting for a deposition in the New York attorney general’s civil inquiry into his business practices, Mr. Trump repeatedly invoked his constitutional right against self incrimination.In a coincidence, the Justice Department on Thursday revealed an internal document commissioned by then-Attorney General William P. Barr that laid out purported justifications for his pronouncement in 2019 that Mr. Trump was cleared of obstruction suspicions, despite every episode recounted in the Mueller report. This time, however, the Justice Department is not overseen by a Trump loyalist.Because of the heavy redactions in the newly released affidavit, it remains unclear whether there is any other investigation or official agency effort that law enforcement officials think Mr. Trump or people in his circle might have obstructed in refusing to turn over the government documents. But at a minimum, it is clear that the government’s efforts to retrieve the records have repeatedly been impeded.The timeline laid out in the redacted affidavit, which fills in several gaps in the public understanding, traces back to May 6, 2021. On that day, as The New York Times reported this week, the general counsel for the National Archives first reached out to Mr. Trump’s designated representatives to the agency and asked for the return of about two dozen boxes of missing documents. More