Justice Department
Subterms
More stories
- in Elections
Justice Dept. Weighs Special Counsel for Trump Inquiries if He Runs
The department is hoping to make decisions on whether to charge the former president in the documents and Jan. 6 inquiries before the 2024 campaign heats up.WASHINGTON — The Justice Department hopes to reach a decision on whether to bring charges against former President Donald J. Trump before the 2024 campaign heats up, and is considering appointing a special counsel to oversee investigations of him if he runs again, according to people familiar with the situation.The department is investigating Mr. Trump’s role in the efforts to reverse the outcome of the 2020 election and the Jan. 6 attack on the U.S. Capitol, and his retention of sensitive government documents at his residence and resort in Florida. It has made no decision in either case, but the inquiry into the former president’s handling of the documents is more straightforward, with prosecutors having publicly cited potential crimes that could be charged.Senior department officials and veteran prosecutors with the department’s national security division, in conjunction with the U.S. attorney’s office in South Florida, have spent recent weeks quietly navigating the thicket of thorny issues needed to file charges in the documents investigation, weighing evidence, analyzing legal precedents and mulling practical considerations such as the venue of a possible trial.The investigation, while proceeding quickly by Justice Department standards, has been slowed by Mr. Trump’s efforts in court to restrict the government’s access to the files removed from his home, and by the department’s self-imposed 30-day pause in issuing subpoenas ahead of this year’s midterm elections.But behind the scenes, prosecutors have been busily compiling evidence and case law that could be used to frame a memo that would be the basis for any prosecution. And some involved in that effort have become concerned that an indictment or trial of Mr. Trump during the campaign could generate fierce criticism that could undercut the department’s commitment to being seen as enforcing the law in a nonpartisan manner.Attorney General Merrick B. Garland and his team have long considered creating a layer of protection for the department by tapping a special counsel, a veteran prosecutor appointed by Mr. Garland to run the day-to-day investigation. But even with the appointment of a special counsel, any final decisions on whether to charge Mr. Trump would still be made by Mr. Garland and the department’s senior leadership.Under federal law, a special counsel functions, in essence, as a pop-up U.S. attorney’s office with broad discretion over every aspect of an investigation in “extraordinary circumstances” in which the normal chain of command could be seen as creating a conflict of interest.An attorney general still has the right to approve or discard a special counsel’s recommendations. But if Mr. Garland were to reject the counsel’s recommendation, he would have to inform Congress, a safeguard intended to ensure transparency and autonomy.The department’s consideration of a special counsel appointment was first reported by CNN.A Justice Department spokesman did not immediately respond to a request for comment.Recent special counsels include Robert S. Mueller III, who oversaw the investigation into connections between Mr. Trump’s 2016 campaign and Russia, and John H. Durham, who brought two unsuccessful prosecutions of officials accused of acting improperly in the Trump-Russia inquiry.Some former officials and legal experts said the appointment of a special counsel would give Mr. Garland an opportunity to choose a lawyer to counter charges of a political witch hunt.Mr. Garland “needs to have a lawyer with Republican pedigree on that team to send the message that this is not a political persecution,” said John P. Fishwick Jr., who served as U.S. attorney for the Western District of Virginia from 2015 to 2017.“This is the most important criminal case in our country’s history. Ultimately, every person in the United States will be the jury in this case, and they will need to have confidence that the prosecution team reflects all of them,” he said.On Wednesday, the Justice Department offered to allow Kash Patel, a close adviser to Mr. Trump, to testify to a federal grand jury under a grant of immunity about Mr. Trump’s handling of highly sensitive presidential records.It was the latest indication prosecutors are moving aggressively to gather the evidence necessary to determine whether the former president mishandled sensitive government documents and tried to obstruct justice by withholding information about the location of materials he removed from the White House after leaving office.Mr. Trump, who remains the most powerful, most popular and best-funded Republican in the country, has repeatedly suggested he would run, including at a rally in Iowa on Thursday, when he said he would “very, very, very probably” run again.He has been a vocal supporter of candidates who backed his lies about the 2020 election, but has not yet declared his intention to seek a second term.The status of the sprawling investigation related to Jan. 6 remains less clear. Prosecutors have been seeking testimony and evidence from a number of people associated with Mr. Trump, including lawyers like John Eastman. But officials have yet to set out any public indications of what charges, if any, could ultimately be brought against Mr. Trump. More
- in Elections
Justice Dept. Offers Immunity to Kash Patel for Testimony in Documents Case
The adviser, Kash Patel, had previously declined to answer questions from prosecutors in front of a federal grand jury, citing his Fifth Amendment rights.The Justice Department offered on Wednesday to allow Kash Patel, a close adviser to former President Donald J. Trump, to testify to a federal grand jury under a grant of immunity about Mr. Trump’s handling of highly sensitive presidential records, two people familiar with the matter said.The offer of immunity came about a month after Mr. Patel invoked his Fifth Amendment rights against self-incrimination in front of the grand jury and refused to answer questions from prosecutors investigating whether Mr. Trump improperly took national security documents with him when he left the White House and subsequently obstructed attempts by the government to retrieve them.During Mr. Patel’s initial grand jury appearance, one of the people familiar with the matter said, Judge Beryl A. Howell of Federal District Court in Washington acknowledged Mr. Patel’s Fifth Amendment claims and said the only way he could be forced to testify was if the government offered him immunity.The decision by the Justice Department to grant immunity in the case, the person said, effectively cleared the way for the grand jury to hear Mr. Patel’s testimony.A spokesman for the Justice Department declined to comment.The disclosure that Mr. Patel has received immunity for his testimony comes as prosecutors have increased their pressure on recalcitrant witnesses who have declined to answer investigators’ questions or have provided them with potentially misleading accounts about Mr. Trump’s handling of documents.What to Know About the Trump InvestigationsCard 1 of 6Numerous inquiries. More
- in Elections
Justice Dept. Questions Drop Box Monitoring in Arizona
The Justice Department has weighed in on the debate over election activists who have been stationing themselves — at times with guns — near ballot boxes in Arizona, saying that their activity may not be constitutionally protected if it has the potential to intimidate voters.“The First Amendment does not protect individuals’ right to assemble to engage in voter intimidation or coercion,” Kristen Clarke, the assistant attorney general for civil rights, wrote in a brief filed on Monday in U.S. District Court in Phoenix. “Nor does it transform an unlawful activity for one individual — voter intimidation — into a permissible activity simply because multiple individuals have assembled to engage in it.”The filing was made in a case that the League of Women Voters of Arizona brought last week against two groups that have been organizing ballot box monitoring, the Lions of Liberty and Clean Elections USA, as well as some of their principals. On Friday, the plaintiff asked the court for an injunction against those groups to stop the activity. That petition is still pending.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.A Pivotal Test in Pennsylvania: A battle for blue-collar white voters is raging in President Biden’s birthplace, where Democrats have the furthest to fall and the most to gain.Governor’s Races: Democrats and Republicans are heading into the final stretch of more than a dozen competitive contests for governor. Some battleground races could also determine who controls the Senate.Biden’s Agenda at Risk: If Republicans capture one or both chambers of Congress, the president’s opportunities on several issues will shrink. Here are some major areas where the two sides would clash.Ohio Senate Race: Polls show Representative Tim Ryan competing within the margin of error against his G.O.P. opponent, J.D. Vance. Mr. Ryan said the race would be “the upset of the night,” but there is still a cold reality tilting against Democrats.The judge overseeing the case, Michael T. Liburdi, on Friday refused to issue an injunction in a parallel lawsuit against Clean Elections USA, claiming that the Constitution protected the activities of citizens who wish to gather near ballot boxes.The Justice Department’s intervention represents a rebuke to that ruling by Judge Liburdi, a longtime member of the Federalist Society who was appointed in 2019 by President Donald J. Trump.The Justice Department’s brief addresses numerous points made by the judge, including the idea that taking pictures of voters and their car license plates is equivalent to filming police officers in the line of duty. The brief also draws comparisons to numerous past instances of apparent attempts to intimidate or deter voters. In one example from 2004, involving operatives in South Dakota who followed Native American voters and recorded their license plate numbers, a federal judge issued an injunction.The Ninth Circuit Court of Appeals is weighing an emergency appeal to Judge Liburdi’s ruling filed by the plaintiffs in that case, the Arizona Alliance for Retired Americans and Voto Latino, on Saturday; a lawyer for Clean Elections USA said the group was rushing to file a response later on Monday.And in a hearing on Monday on the League of Women Voters’ case, Judge Liburdi dismissed the Lions of Liberty and its parent organization, the Yavapai County Preparedness Team, from the suit after its leaders pledged in court not to engage in any more election monitoring activities. “We are standing down,” a board member, Jim Arroyo, told the judge. An evidentiary hearing on the injunction petition is scheduled for midday on Tuesday.The founder of Clean Elections USA, Melody Jennings, has not appeared in court. In a Saturday appearance on “War Room,” a podcast hosted by the former Trump adviser Stephen K. Bannon, she said that her group was changing its name to the Drop Box Initiative in Arizona, but would retain the Clean Elections USA moniker in the rest of the country.“We are going to rebrand a little bit,” Ms. Jennings said, adding that while she was still looking for volunteers in most places, “I don’t need any more people in Arizona, honestly.”In a second “War Room” interview, on Monday, she asked listeners to consider donating money to True the Vote, a right-wing group focused on voter fraud, to support her legal defense. More
- in Elections
Justice Dept. Seeks to Force Trump White House Lawyers to Testify in Jan. 6 Inquiry
The move is part of an effort by prosecutors to punch through the claims of privilege the former president is using to hamper the investigation of his push to overturn the election.The Justice Department has asked a federal judge to force the two top lawyers in Donald J. Trump’s White House to provide additional grand jury testimony as prosecutors seek to break through the former president’s attempts to shield his efforts to overturn the 2020 election from investigation, according to two people familiar with the matter.Prosecutors filed a motion to compel testimony from the two lawyers, Pat A. Cipollone and Patrick F. Philbin, last week. They told Beryl A. Howell, a judge in Federal District Court in Washington who oversees grand jury matters, that their need for the evidence the men could provide should overcome Mr. Trump’s claims that the information is protected by attorney-client and executive privilege, the people said.The filing was the latest skirmish in a behind-the-scenes legal struggle between the government and Mr. Trump’s lawyers to determine how much testimony witnesses close to the former president can provide to the grand jury, which is examining Mr. Trump’s role in numerous schemes to reverse his election defeat, culminating in the mob attack on the Capitol on Jan. 6, 2021.Mr. Cipollone, Mr. Trump’s former White House counsel, and Mr. Philbin, who served as his deputy, initially appeared before the grand jury last month after receiving subpoenas, but declined to answer some of the questions prosecutors had about advice they gave to Mr. Trump or interactions they had with him in the chaotic post-election period, one of the people familiar with the matter said.The government’s filing, which was reported earlier by CNN, asked Judge Howell to force the men to return to the grand jury and respond to at least some of the questions they had declined to answer.If compelled to testify fully, Mr. Cipollone and Mr. Philbin could provide the grand jury with firsthand accounts of the advice they gave Mr. Trump about his efforts to derail the results of the election with a variety of schemes, including one to create fake slates of pro-Trump electors in states won by Joseph R. Biden Jr. They could also tell the grand jury about Mr. Trump’s activities and mind-set on Jan. 6 and the tumultuous weeks leading up to it.Judge Howell has already ruled in favor of the government in a similar privilege dispute concerning testimony from two top aides to former Vice President Mike Pence, Marc Short and Greg Jacob, according to several people familiar with the matter. Both Mr. Short and Mr. Jacob returned to the grand jury this month and answered questions that Mr. Trump’s lawyers had sought to block as being privileged during their original appearances.Prosecutors are also seeking to force Patrick F. Philbin, the former deputy White House counsel, to provide additional testimony.Erin Schaff/The New York TimesThe closed-door battle over how much evidence the grand jury should hear about Mr. Trump’s role in reversing his defeat and how much should be kept away as privileged is almost certain to continue as more witnesses close to the former president are called in for testimony.Last month, about 40 subpoenas were issued to a large group of former Trump aides — among them, Mark Meadows, Mr. Trump’s final chief of staff; Dan Scavino, his onetime deputy chief of staff for communications; and Stephen Miller, Mr. Trump’s top speechwriter and a senior policy adviser.It is likely that Mr. Trump will try to assert some form of privilege over the testimony of each of those potential witnesses in a bid to narrow what the grand jury can hear about him.Even as the Justice Department presses forward in seeking evidence about Mr. Trump’s involvement in the events leading up to the Capitol attack, the House committee investigating Jan. 6 is also continuing to hear from witnesses.On Tuesday, Hope Hicks, a former top aide to Mr. Trump, testified for about four hours in front of the panel, according to two people familiar with the matter.The interview of Ms. Hicks, which was conducted virtually, came late in the committee’s 16-month investigation and after it has most likely concluded holding public hearings. Still, the members of the panel have kept pushing for more information about Mr. Trump’s state of mind in the final weeks of his administration and how often he was told there was no evidence of a stolen election.During a meeting with Mr. Trump, Ms. Hicks told the former president that she had seen no evidence of widespread fraud that could overturn the results of the election, according to the book “Confidence Man” by Maggie Haberman, a reporter for The New York Times.“You’re wrong,” Mr. Trump replied, hoping to scare others out of agreeing with her.Throughout August, the panel interviewed top administration officials, including Robert O’Brien, Mr. Trump’s former national security adviser; Elaine Chao, the former transportation secretary; and Mike Pompeo, the former secretary of state. Investigators asked questions regarding reports of discussions about invoking the 25th Amendment to remove the president from office, among other topics.Ms. Hicks served as the White House communications director in 2017 and 2018 and then returned to the White House as a counselor to Mr. Trump during his final 10 months in office.It was not immediately clear exactly what Ms. Hicks told the committee, but investigators went over certain text messages with her, according to a person familiar with the matter.A spokesman for the committee and a lawyer for Ms. Hicks declined to comment.Maggie Haberman More
- in Elections
Justice Dept. Charges 2 Chinese Citizens With Spying for Huawei
Huawei has been a persistent target of the United States government since the administration of President Donald J. Trump.The Justice Department announced charges against two Chinese intelligence operatives who are accused of attempting to obtain inside information about the ongoing federal investigation into Huawei, a China-based telecommunications company.Doug Mills/The New York TimesWASHINGTON — The Justice Department announced on Monday that it had indicted two Chinese intelligence officials who are believed to have unsuccessfully tried to obtain inside information about a federal investigation into a Chinese telecommunications company accused of stealing trade secrets, which people familiar with the situation later identified as Huawei Technologies.The Chinese intelligence officials, Guochun He and Zheng Wang, paid bribes to an official with access to sensitive details of the investigation into Huawei by the U.S. attorney in the Eastern District of New York, according to charging documents unsealed on Monday. The person turned out to be an agent working for the F.B.I. who handed over phony documents.The indictment was part of three unrelated legal actions against Chinese operatives in the United States that senior law enforcement officials announced on Monday, a day after President Xi Jinping of China solidified his grip on power as the Communist Party congress in Beijing closed.Attorney General Merrick B. Garland and Christopher A. Wray, the director of the F.B.I., issued blunt denunciations of China during a news conference, accusing the country’s leaders of meddling in the American judicial system, stealing technology and bullying Chinese citizens who emigrate to the United States.“The government of China sought to interfere with the rights and freedoms of individuals in the United States and to undermine our judicial system that protects those rights,” Mr. Garland told reporters. “We will continue to fiercely protect the rights guaranteed to everyone in our country.”Mr. Wray said the cases, which total 13 indictments and two arrests, “highlight the threat” that China’s intelligence services pose to “rights of people in the United States.”The bureau has identified 10 of the 13 people charged as intelligence agents, and will continue to focus on rooting out other Chinese agents, he said.More on the Relations Between Asia and the U.S.Seoul Gets Squeezed: The United States is South Korea’s main security ally. China is its biggest trading partner. As the rivalry between the two powers intensifies, South Korea is increasingly feeling the heat.Tech Crackdown: The Biden administration is waging a new global campaign against China, using U.S. influence to try to choke off China’s access to critical semiconductor technology.Bolstering Taiwan: U.S. officials are said to be intensifying efforts to build a giant stockpile of weapons in Taiwan in case China blockades the island as a prelude to an attempted invasion.The cases could cast a shadow over an effort by the Biden administration and TikTok to resolve national security concerns posed by the Chinese-owned video app. A draft agreement between the two parties has faced some skepticism among some administration officials, including Deputy Attorney General Lisa O. Monaco — who said the new allegations involving Huawei should serve as a warning to U.S. officials.“This case exposes the interconnection between intelligence officers and Chinese companies, and it demonstrates once again why such companies especially in the telecommunications industry shouldn’t be trusted to securely handle our sensitive personal data and communications,” Ms. Monaco said on Monday.In the Huawei case unsealed in Brooklyn federal court, the two Chinese intelligence operatives contacted an official with knowledge of the department’s investigation into Huawei in 2019, asking for documents, including trial evidence and witness lists, as well as summaries of confidential strategy meetings. Neither operative is in custody.They did not know the official was working with the F.B.I.Since that time, they have paid the official $41,000 in Bitcoin in exchange for what they believed to be inside information on the case. Instead, the F.B.I.’s double agent sent them a phony document, marked “Secret,” which contained publicly available information.Mr. He responded by telling the official, who was not identified, that the company was “obviously interested” in receiving more stolen material, according to court documents.A Huawei representative did not immediately respond to a request for comment.Huawei has been a persistent target of the United States government since the administration of President Donald J. Trump, which worried that the company could give Beijing access to sensitive information that travels over telecommunications networks. And the government’s efforts are part of a larger push to limit China’s influence over American consumers.In February 2020, the Justice Department indicted Huawei, the world’s largest telecommunications equipment manufacturer, and two U.S. subsidiaries, over the company’s use of “fraud and deception” to obtain sophisticated technology from U.S. companies.Top American officials told allies around the world that they should exclude the Chinese company’s equipment from their next-generation wireless networks. The Commerce Department blacklisted the company in a bid to cut off its access to key American supplies for its products.Congress has provided money to reimburse American telecom operators who stop using equipment made by Chinese companies like Huawei. The Federal Communications Commission is also expected to vote soon on a measure to ban new Huawei products from being sold in the United States. It already blocks companies from spending federal subsidies on the gear.The government has also sought to rein in the influence of other Chinese companies.The Trump administration forced a Chinese company to sell Grindr, the dating app. It also tried to ban the viral video app TikTok unless its Chinese parent company sold a share of the app to an American company.Also on Monday, the Justice Department unsealed an indictment in Brooklyn charging seven people with engaging in a multiyear harassment campaign to force an unnamed U.S. resident to return to China as part of a repatriation effort known as Operation Fox Hunt.Two of those charged, Quanzhong An, 55, and Guangyang An, 34, both of Roslyn, N.Y., were arrested; the others remain at large, according to the department.In another case unsealed on Monday, the U.S. attorney in the District of New Jersey charged four people, including three Chinese intelligence officers, with recruiting agents while working under the cover of an academic institute, according to the charging documents.None of them are in U.S. custody. More
