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    Donald Trump en campaña: estas son sus propuestas migratorias

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    El expresidente Donald Trump está planeando una expansión extrema de sus medidas represivas contra la migración aplicadas durante su primer mandato si logra regresar al poder en 2025, incluida la preparación de redadas a gran escala de personas que viven en Estados Unidos sin permiso legal y concentrarlas en campamentos cada vez más extensos mientras esperan a ser expulsados.Estos planes restringirían en gran medida tanto la inmigración legal como la ilegal de muchas maneras.Trump quiere revivir las políticas fronterizas de su primer periodo, entre ellas la prohibición del ingreso de personas de ciertas naciones con mayoría musulmana y la reinstauración de una política de la era de la COVID-19 de rechazar solicitudes de asilo, aunque en esta oportunidad basaría el rechazo en aseveraciones de que los migrantes portan otras enfermedades infecciosas como tuberculosis.Trump planea desalojar del país a inmigrantes que habitan aquí sin permiso legal y deportar a millones de personas cada año.Para ayudar a acelerar las deportaciones masivas, Trump está preparando una gran ampliación de una forma de remoción que no requiere de audiencias con el debido proceso. Para ayudar al Servicio de Inmigración y Control de Aduanas (ICE, por su sigla en inglés) a llevar a cabo redadas masivas, Trump planea reasignar otros agentes federales y sumar a la tarea a policías municipales y efectivos de la Guardia Nacional aportados voluntariamente por los estados gobernados por republicanos.Para aliviar la presión sobre los centros de detención del ICE, Trump desea construir campamentos enormes para detener personas mientras sus casos son procesados y esperan sus vuelos de deportación. Además, con el fin de sortear cualquier negativa del Congreso para apropiarse de los recursos necesarios, Trump redirigiría dinero del presupuesto del ejército, como lo hizo en su primer mandato para invertir más dinero en el muro fronterizo del que el Congreso había autorizado.“Trump desatará el vasto arsenal de poderes federales para implementar la represión migratoria más espectacular”, dijo Stephen Miller, el exasesor de Trump en la Casa Blanca, quien fue el principal arquitecto de sus esfuerzos de control fronterizo.Cooper Neill para The New York TimesEn una referencia pública a sus planes, Trump le dijo a una multitud en Iowa en septiembre: “Siguiendo el modelo de Eisenhower, llevaremos a cabo la operación de deportación nacional más grande en la historia de Estados Unidos”. La referencia en cuestión fue una campaña de 1954 para arrestar y expulsar a inmigrantes mexicanos que recibió su nombre de un insulto étnico: “Operación Espalda Mojada”.La gran cantidad de planes para 2025 de Trump equivale a un ataque a la migración a una escala nunca antes vista en la historia estadounidense moderna. Millones de migrantes que viven en Estados Unidos sin permiso legal tendrían prohibida la entrada al país o serían desarraigados después de años o incluso décadas de haberse establecido aquí.Tal escala de expulsiones planeadas generaría retos logísticos, financieros y diplomáticos y sería impugnada de manera enérgica en los tribunales. Sin embargo, no hay duda de la magnitud y ambición del cambio que Trump está contemplando.En una segunda presidencia de Trump, se cancelarían las visas de los estudiantes extranjeros que hayan participado en manifestaciones en contra de Israel o propalestinas. Los funcionarios consulares estadounidenses en el extranjero recibirían instrucciones de profundizar la revisión ideológica de los solicitantes de visa para bloquear a personas que el gobierno de Trump considere que tienen actitudes indeseables. A las personas con un estatus de protección temporal porque provienen de ciertos países considerados inseguros, lo que les permite vivir y trabajar legalmente en Estados Unidos, se les revocaría ese estatus.De forma similar, muchas personas a quienes se les ha permitido residir en el país temporalmente por razones humanitarias también perderían ese estatus y tendrían que abandonar el país, incluyendo a decenas de miles de afganos desalojados durante la toma del poder de los talibanes en 2021 a quienes se les permitió ingresar a Estados Unidos. Los afganos que poseen visas especiales concedidas a personas que ayudaron a las fuerzas estadounidenses serían investigados de nuevo para verificar que de verdad colaboraron.Además, Trump intentaría poner fin a la ciudadanía por nacimiento para los bebés nacidos en Estados Unidos de padres que viven en el país sin permiso legal mediante la proclamación de que esa política será la nueva posición del gobierno y la instrucción a las agencias de dejar de emitir documentos que comprueben la ciudadanía de esos bebés, como tarjetas de Seguridad Social y pasaportes. La legitimidad legal de esa política, como casi todos los planes de Trump, seguramente terminará debatiéndose en la Corte Suprema.En entrevistas con The New York Times, varios asesores de Trump dieron la descripción más amplia y detallada hasta la fecha de la agenda migratoria del expresidente para un posible segundo mandato. En particular, la campaña de Trump delegó las preguntas para este artículo a Stephen Miller, un arquitecto de las políticas migratorias del primer periodo de Trump que se mantiene cercano al exmandatario y que muy probablemente tendría un cargo importante en su segundo periodo.Miller afirmó en una entrevista que tocó múltiples temas que todos los pasos que los asesores de Trump se están preparando para dar se basan en estatutos existentes; aunque es posible que el equipo de Trump intente renovar las leyes de inmigración, el plan fue elaborado para no necesitar nueva legislación sustantiva. Además, aunque Miller reconoce que surgirían demandas para impugnar casi cada una de las medidas, describió la intimidante variedad de tácticas del equipo de Trump como un “ataque veloz” diseñado para abrumar a los abogados de derechos de los migrantes.“Cualquier activista que dude en lo más mínimo de la determinación del presidente Trump está cometiendo un error drástico: Trump desatará el vasto arsenal de poderes federales para implementar la represión migratoria más espectacular”, dijo Miller, quien agregó: “Los activistas legales de la inmigración no entenderán lo que estará pasando”.Todd Schulte, presidente de FWD.us, un grupo de defensa de la inmigración y la justicia penal que combatió repetidas veces al gobierno de Trump, dijo que los planes del equipo de Trump se basaban en una “demagogia xenófoba” que atrae a su base política más radical.“Los estadounidenses deben entender que estas propuestas políticas son parte de una agenda autoritaria, a menudo ilegal, que destrozaría casi todos los aspectos de la vida estadounidense: hundiría la economía y violaría los derechos civiles básicos de millones de inmigrantes y estadounidenses nativos por igual”, dijo Schulte.‘Envenenando la sangre’Migrantes se congregan frente al Hotel Roosevelt en Manhattan en agosto, esperando ser procesados.Jeenah Moon para The New York TimesDesde que Trump dejó el cargo, el ambiente político en lo referente a la inmigración se ha movido en su dirección. Ahora es más capaz de aprovechar ese entorno si es reelecto de lo que lo era cuando ganó la elección como un candidato recién llegado a la política.El retroceso de la pandemia de COVID-19 y la reanudación del flujo de los viajes han contribuido a generar una crisis migratoria global, con millones de venezolanos y centroamericanos que huyen de la convulsión en sus países y africanos que llegan a naciones latinoamericanas antes de continuar su viaje hacia el norte. A causa de las cifras récord de inmigrantes en la frontera sur y en ciudades como Nueva York y Chicago, los votantes están frustrados e incluso algunos demócratas piden medidas más duras contra los inmigrantes y presionan a la Casa Blanca para que maneje mejor la crisis.Trump y sus asesores han visto la oportunidad y ahora saben mejor cómo aprovecharla. Los asistentes en los que Trump confió en los caóticos primeros días de su primer mandato a veces estaban en desacuerdo y les faltaba experiencia acerca de cómo manipular las palancas del poder federal. Hacia el final de su primer mandato, los funcionarios del gabinete y los abogados que intentaron frenar algunas de sus acciones —como su secretario de Seguridad Nacional y jefe de personal John Kelly— habían sido despedidos y quienes permanecieron con él habían aprendido mucho.En un segundo mandato, Trump planea instalar un equipo que no lo restringirá.Desde que gran parte de la represión a la migración del primer mandato de Trump enfrentó problemas para avanzar en los tribunales, el entorno legal se ha inclinado a su favor: sus cuatro años de nombramientos judiciales dejaron tribunales federales de apelación y una Corte Suprema mucho más conservadores que los tribunales que escucharon las impugnaciones a las políticas de su primer mandato.La lucha contra la Acción Diferida para los Llegados en la Infancia (DACA, por su sigla en inglés) es un ejemplo de ello.DACA es un programa de la era de Obama que protege de la deportación y concede permisos de trabajo a personas que ingresaron a Estados Unidos de forma ilegal cuando eran niños. Trump trató de ponerle fin, pero la Corte Suprema lo bloqueó por motivos procesales en junio de 2020.Miller indicó que Trump intentaría de nuevo acabar con DACA. Además, la mayoría cinco a cuatro en la Corte Suprema que bloqueó el último intento ya no existe: algunos meses después del fallo sobre DACA, la magistrada Ruth Bader Ginsburg falleció y Trump la remplazó con un sexto miembro conservador, la magistrada Amy Coney Barrett.La retórica de Trump se ha mantenido bien sincronizada con su agenda cada vez más extrema en materia de inmigración.Su avivamiento del miedo y la ira hacia los inmigrantes —presionando por un muro fronterizo y llamando “violadores” a los mexicanos— impulsó su toma del poder del Partido Republicano en 2016. Como presidente, reflexionó en privado sobre la posibilidad de desarrollar una frontera militarizada como la de Israel, preguntó si los migrantes que cruzaban la frontera podrían recibir disparos en las piernas y apoyó un muro fronterizo propuesto rematado con púas desgarrantes y pintado de negro para quemar la piel de los migrantes.Mientras ha hecho campaña para la tercera nominación presidencial consecutiva del partido, su tono antiinmigrante no ha hecho más que volverse más duro. En una entrevista reciente con un sitio web de derecha, Trump afirmó, sin pruebas, que los líderes extranjeros estaban vaciando deliberadamente sus “manicomios” para enviar a los pacientes a través de la frontera sur de Estados Unidos como migrantes. Dijo que los inmigrantes estaban “envenenando la sangre de nuestro país”. En un mitin el miércoles en Florida, los comparó con el asesino en serie y caníbal ficticio Hannibal Lecter, diciendo: “Eso es lo que está entrando a nuestro país en este momento”.De manera similar, Trump había prometido llevar a cabo deportaciones masivas cuando se postuló para el cargo en 2016, pero el gobierno solo logró varios cientos de miles de deportaciones por año bajo su presidencia, a la par de otros gobiernos recientes. Si tienen otra oportunidad, Trump y su equipo están decididos a alcanzar cifras anuales de millones.Mantener fuera a la genteMigrantes esperan ser escoltados por agentes de la Patrulla Fronteriza a un área de procesamiento, en septiembre. El avivamiento del miedo y la ira hacia los inmigrantes causado por Trump impulsó su toma del poder del Partido Republicano en 2016. Mark Abramson para The New York TimesEl plan migratorio de Trump es continuar donde se quedó e ir mucho más lejos. No solo reviviría algunas de las políticas que fueron calificadas de draconianas durante su presidencia, muchas de las cuales eliminó la Casa Blanca de Joe Biden, sino que también las ampliaría y las haría más estrictas.Un ejemplo se centra en expandir las políticas del primer periodo dirigidas a mantener a personas extranjeras fuera del país. Trump planea suspender el programa de refugiados y volver a prohibir de manera categórica el ingreso de visitantes de países problemáticos poniendo de nuevo en marcha una versión de su prohibición a los viajes desde varios países principalmente de mayoría musulmana, lo que el presidente Biden calificó de discriminatorio y canceló en su primer día en el cargo.Miller señaló que Trump también utilizaría diplomacia coercitiva para inducir a otros países a colaborar, incluso haciendo de la cooperación una condición para cualquier otro compromiso bilateral. Por ejemplo, un segundo gobierno de Trump buscaría restablecer un acuerdo con México para que los solicitantes de asilo permanezcan en ese país mientras sus peticiones son procesadas (no hay certeza de que México lo acepte; un tribunal mexicano ha precisado que ese trato viola los derechos humanos).Trump también intentaría revivir los acuerdos de “tercer país seguro” con varios países de Centroamérica y establecer acuerdos similares en África, Asia y Sudamérica. En virtud de esos acuerdos, los países aceptan recibir a posibles solicitantes de asilo de otras naciones específicas y permitirles solicitar asilo ahí.Aunque estos acuerdos tradicionalmente solo han cubierto a los inmigrantes que pasaron previamente por un tercer país, la ley federal no exige ese límite y un segundo gobierno de Trump buscaría hacer esos acuerdos sin él, en parte como un disuasivo para los inmigrantes que hacen lo que el equipo de Trump considera solicitudes de asilo ilegítimas.Miller añadió que, al mismo tiempo, los Centros para el Control y la Prevención de Enfermedades de Estados Unidos (CDC, por su sigla en inglés) invocarían la ley de poderes de emergencia de salud pública conocida como Título 42 para rehusarse de nuevo a escuchar cualquier petición de asilo de personas que lleguen a la frontera sur. El gobierno de Trump había discutido internamente esa idea a principios del mandato de Trump, pero algunos secretarios del gabinete se opusieron con el argumento de que no había una emergencia de salud pública que la justificara legalmente. Al final, el gobierno la implementó durante la pandemia de coronavirus.Tras afirmar que desde entonces la idea ha ganado aceptación en la práctica —Biden inicialmente mantuvo la política— Miller aseguró que Trump invocaría el Título 42 y daría como razones “cepas graves de influenza, tuberculosis, sarna, otras enfermedades respiratorias como el virus respiratorio sincitial y más, o simplemente el problema general de que la migración masiva es una amenaza para la salud pública que trae una variedad de enfermedades transmisibles”.Trump y sus asistentes aún no han dicho si reimplementarían uno de los elementos disuasorios más polémicos a la inmigración no autorizada que impulsó como presidente: separar a los niños de sus padres, lo que provocó traumas entre los inmigrantes y dificultades para reunir a las familias. Cuando se le presionó, Trump se negó en repetidas ocasiones a descartar revivir la política. Después de muestras de indignación por la práctica, Trump le puso fin en 2018 y, más tarde, un juez impidió que el gobierno volviera a ponerla en efecto.Deportaciones masivasAgentes federales de inmigración concentrados para una operación de arresto en mayo en Pompano Beach, Florida.Saul Martinez para The New York TimesPoco después de que Trump anunció su campaña presidencial para 2024 en noviembre pasado, se reunió con Tom Homan, quien dirigió el ICE durante el primer año y medio del gobierno de Trump y fue uno de los primeros en proponer la separación de familias para disuadir a los inmigrantes.En una entrevista, Homan recordó que en esa reunión “aceptó regresar” para un segundo mandato y afirmó que “ayudaría a organizar y dirigir la operación de deportación más grande jamás vista en este país”.La visión de los asesores de Trump de deportaciones masivas abruptas llevaría a una convulsión social y económica, lo que perturbaría el mercado de la vivienda e industrias importantes como la agricultura y el sector de servicios.Miller presentó tal perturbación desde una perspectiva favorable.“La deportación masiva será una alteración del mercado laboral celebrada por los trabajadores estadounidenses, a quienes ahora se les ofrecerán salarios más altos con mejores beneficios para ocupar estos puestos de trabajo”, dijo. “Los estadounidenses también celebrarán el hecho de que las leyes de nuestra nación ahora se aplican por igual y que un grupo selecto ya no está mágicamente exento”.Un paso planeado para superar los obstáculos legales y logísticos sería incrementar de manera significativa una forma de deportaciones rápidas conocida como “remoción acelerada”. Esta les niega a los migrantes que viven en el país sin un permiso legal las audiencias habituales y la oportunidad de presentar apelaciones, las cuales pueden tardar meses o años (en especial cuando las personas no están en custodia) y han llevado a un atraso enorme en el procesamiento de los casos. Una ley de 1996 señala que las personas pueden ser sujetas a la remoción acelerada hasta dos años después de su llegada, pero, hasta el momento, el poder ejecutivo la ha usado con mayor cautela expulsando enseguida a personas descubiertas cerca de la frontera poco después de haber cruzado.El gobierno de Trump intentó ampliar el uso de la remoción acelerada, pero un tribunal la bloqueó y después el equipo de Biden canceló la ampliación. No se sabe si la Corte Suprema determinará que es constitucional utilizar la ley contra personas que han vivido durante un periodo significativo en Estados Unidos y expresan temor de persecución si son enviados a su país natal.Trump también ha mencionado que invocaría una ley arcaica, la Ley de Enemigos Extranjeros de 1798, para expulsar a sospechosos de ser miembros de los cárteles de droga y pandillas criminales sin debido proceso. La ley permite deportaciones sumarias de personas provenientes de países con los que Estados Unidos está en guerra, que han invadido Estados Unidos o que han participado en “incursiones predatorias”.Tom Homan, quien dirigió el ICE durante el primer año y medio del gobierno de Trump, afirmó que le dijo al expresidente que “ayudaría a organizar y dirigir la operación de deportación más grande jamás vista en este país”.Rebecca Noble para The New York TimesLa Corte Suprema ha permitido usos en el pasado de esa ley en tiempos de guerra. Sin embargo, su redacción parece requerir un vínculo con las acciones de un gobierno extranjero, así que no se sabe si los magistrados estarían de acuerdo en que un presidente la estire para que abarque la actividad de los cárteles de la droga.De manera más general, Miller manifestó que un nuevo gobierno de Trump pasaría de la práctica del ICE de arrestar a personas específicas a llevar a cabo redadas en lugares de trabajo y otros lugares públicos destinadas a arrestar de una sola vez a grandes cantidades de inmigrantes que viven en el país sin permiso legal.Miller comentó que para hacer que el proceso de encontrar y deportar a los inmigrantes que ya viven en del país sin permiso legal sea “radicalmente más rápido y eficiente”, el equipo de Trump incluiría a “los tipos correctos de abogados y de formuladores de políticas” dispuestos a llevar a cabo tales ideas.Además, debido a la magnitud de los arrestos y deportaciones que se contemplan, planean construir “enormes instalaciones de detención que funcionarían como centros de preparación” para inmigrantes mientras avanzan sus casos y esperan ser trasladados en avión a otros países.Miller declaró que es posible que los nuevos campamentos se construyan “en terrenos abiertos en Texas cerca de la frontera”.Relató que el ejército los construiría bajo la autoridad y control del Departamento de Seguridad Nacional. Aunque advirtió que aún no había planos específicos, dijo que los campamentos luicirían profesionales y similares a otras instalaciones para migrantes que se han construido cerca de la frontera.Estos campos también podrían permitirle al gobierno incrementar el ritmo y el volumen de las deportaciones de personas indocumentadas que han vivido en Estados Unidos durante años y por lo tanto no están sujetas a la expulsión por la vía rápida. Si realizar un esfuerzo a largo plazo para obtener un permiso para permanecer en el país significara permanecer encerrados mientras tanto, algunos podrían darse por vencidos y aceptar de forma voluntaria la expulsión sin pasar por el proceso completo.El uso de estos campamentos, dijo Miller, probablemente se centraría más en adultos solteros porque el gobierno no puede retener a niños de forma indefinida bajo una orden judicial de larga data conocida como el acuerdo Flores. Por lo tanto, cualquier familia llevada a las instalaciones tendría que entrar y salir más rápidamente, dijo.El gobierno de Trump intentó revocar el acuerdo Flores, pero la Corte Suprema no resolvió el asunto antes de que terminara el mandato de Trump. Miller afirmó que el equipo de Trump lo intentaría de nuevo.Miller añadió que para incrementar el número de agentes disponibles para las redadas del ICE, funcionarios de otras agencias federales del orden serían reasignados temporalmente y efectivos de la Guardia Nacional estatal y policías locales, al menos de estados liderados por republicanos dispuestos a hacerlo, serían sumados a los esfuerzos de control de la inmigración.Si bien una ley conocida como Ley Posse Comitatus generalmente prohíbe el uso de las fuerzas armadas con fines de mantenimiento del orden público, otra ley llamada Ley de Insurrección crea una excepción. Miller aseguró que Trump invocaría la Ley de Insurrección en la frontera, lo que permitiría el uso de tropas federales para detener a los inmigrantes.“En resumen”, concluyó Miller, “el presidente Trump hará lo que sea necesario”.Zolan Kanno-Youngs More

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      Sweeping Raids and Mass Deportations: Inside Trump’s 2025 Immigration Plans

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      Former President Donald J. Trump is planning an extreme expansion of his first-term crackdown on immigration if he returns to power in 2025 — including preparing to round up undocumented people already in the United States on a vast scale and detain them in sprawling camps while they wait to be expelled.The plans would sharply restrict both legal and illegal immigration in a multitude of ways.Mr. Trump wants to revive his first-term border policies, including banning entry by people from certain Muslim-majority nations and reimposing a Covid 19-era policy of refusing asylum claims — though this time he would base that refusal on assertions that migrants carry other infectious diseases like tuberculosis.He plans to scour the country for unauthorized immigrants and deport people by the millions per year.To help speed mass deportations, Mr. Trump is preparing an enormous expansion of a form of removal that does not require due process hearings. To help Immigration and Customs Enforcement carry out sweeping raids, he plans to reassign other federal agents and deputize local police officers and National Guard soldiers voluntarily contributed by Republican-run states.To ease the strain on ICE detention facilities, Mr. Trump wants to build huge camps to detain people while their cases are processed and they await deportation flights. And to get around any refusal by Congress to appropriate the necessary funds, Mr. Trump would redirect money in the military budget, as he did in his first term to spend more on a border wall than Congress had authorized.“Trump will unleash the vast arsenal of federal powers to implement the most spectacular migration crackdown,” said Stephen Miller, Mr. Trump’s former White House aide who was the chief architect of his border control efforts.Cooper Neill for The New York TimesIn a public reference to his plans, Mr. Trump told a crowd in Iowa in September: “Following the Eisenhower model, we will carry out the largest domestic deportation operation in American history.” The reference was to a 1954 campaign to round up and expel Mexican immigrants that was named for an ethnic slur — “Operation Wetback.”The constellation of Mr. Trump’s 2025 plans amounts to an assault on immigration on a scale unseen in modern American history. Millions of undocumented immigrants would be barred from the country or uprooted from it years or even decades after settling here.Such a scale of planned removals would raise logistical, financial and diplomatic challenges and would be vigorously challenged in court. But there is no mistaking the breadth and ambition of the shift Mr. Trump is eyeing.In a second Trump presidency, the visas of foreign students who participated in anti-Israel or pro-Palestinian protests would be canceled. U.S. consular officials abroad will be directed to expand ideological screening of visa applicants to block people the Trump administration considers to have undesirable attitudes. People who were granted temporary protected status because they are from certain countries deemed unsafe, allowing them to lawfully live and work in the United States, would have that status revoked.Similarly, numerous people who have been allowed to live in the country temporarily for humanitarian reasons would also lose that status and be kicked out, including tens of thousands of the Afghans who were evacuated amid the 2021 Taliban takeover and allowed to enter the United States. Afghans holding special visas granted to people who helped U.S. forces would be revetted to see if they really did.And Mr. Trump would try to end birthright citizenship for babies born in the United States to undocumented parents — by proclaiming that policy to be the new position of the government and by ordering agencies to cease issuing citizenship-affirming documents like Social Security cards and passports to them. That policy’s legal legitimacy, like nearly all of Mr. Trump’s plans, would be virtually certain to end up before the Supreme Court.In interviews with The New York Times, several Trump advisers gave the most expansive and detailed description yet of Mr. Trump’s immigration agenda in a potential second term. In particular, Mr. Trump’s campaign referred questions for this article to Stephen Miller, an architect of Mr. Trump’s first-term immigration policies who remains close to him and is expected to serve in a senior role in a second administration.All of the steps Trump advisers are preparing, Mr. Miller contended in a wide-ranging interview, rely on existing statutes; while the Trump team would likely seek a revamp of immigration laws, the plan was crafted to need no new substantive legislation. And while acknowledging that lawsuits would arise to challenge nearly every one of them, he portrayed the Trump team’s daunting array of tactics as a “blitz” designed to overwhelm immigrant-rights lawyers.“Any activists who doubt President Trump’s resolve in the slightest are making a drastic error: Trump will unleash the vast arsenal of federal powers to implement the most spectacular migration crackdown,” Mr. Miller said, adding, “The immigration legal activists won’t know what’s happening.”Todd Schulte, the president of FWD.us, an immigration and criminal justice advocacy group that repeatedly fought the Trump administration, said the Trump team’s plans relied on “xenophobic demagoguery” that appeals to his hardest-core political base.“Americans should understand these policy proposals are an authoritarian, often illegal, agenda that would rip apart nearly every aspect of American life — tanking the economy, violating the basic civil rights of millions of immigrants and native-born Americans alike,” Mr. Schulte said.‘Poisoning the Blood’Migrants gather outside the Roosevelt Hotel in Midtown Manhattan in August, waiting to be processed.Jeenah Moon for The New York TimesSince Mr. Trump left office, the political environment on immigration has moved in his direction. He is also more capable now of exploiting that environment if he is re-elected than he was when he first won election as an outsider.The ebbing of the Covid-19 pandemic and resumption of travel flows have helped stir a global migrant crisis, with millions of Venezuelans and Central Americans fleeing turmoil and Africans arriving in Latin American countries before continuing their journey north. Amid the record numbers of migrants at the southern border and beyond it in cities like New York and Chicago, voters are frustrated and even some Democrats are calling for tougher action against immigrants and pressuring the White House to better manage the crisis.Mr. Trump and his advisers see the opening, and now know better how to seize it. The aides Mr. Trump relied upon in the chaotic early days of his first term were sometimes at odds and lacked experience in how to manipulate the levers of federal power. By the end of his first term, cabinet officials and lawyers who sought to restrain some of his actions — like his Homeland Security secretary and chief of staff, John F. Kelly — had been fired, and those who stuck with him had learned much.In a second term, Mr. Trump plans to install a team that will not restrain him.Since much of Mr. Trump’s first-term immigration crackdown was tied up in the courts, the legal environment has tilted in his favor: His four years of judicial appointments left behind federal appellate courts and a Supreme Court that are far more conservative than the courts that heard challenges to his first-term policies.The fight over Deferred Action for Childhood Arrivals provides an illustration.DACA is an Obama-era program that shields from deportation and grants work permits to people who were brought unlawfully to the United States as children. Mr. Trump tried to end it, but the Supreme Court blocked him on procedural grounds in June 2020.Mr. Miller said Mr. Trump would try again to end DACA. And the 5-4 majority of the Supreme Court that blocked the last attempt no longer exists: A few months after the DACA ruling, Justice Ruth Bader Ginsburg died and Mr. Trump replaced her with a sixth conservative, Justice Amy Coney Barrett.Mr. Trump’s rhetoric has more than kept up with his increasingly extreme agenda on immigration.His stoking of fear and anger toward immigrants — pushing for a border wall and calling Mexicans rapists — fueled his 2016 takeover of the Republican Party. As president, he privately mused about developing a militarized border like Israel’s, asked whether migrants crossing the border could be shot in the legs and wanted a proposed border wall topped with flesh-piercing spikes and painted black to burn migrants’ skin.As he has campaigned for the party’s third straight presidential nomination, his anti-immigrant tone has only grown harsher. In a recent interview with a right-wing website, Mr. Trump claimed without evidence that foreign leaders were deliberately emptying their “insane asylums” to send the patients across America’s southern border as migrants. He said migrants were “poisoning the blood of our country.” And at a rally on Wednesday in Florida, he compared them to the fictional serial killer and cannibal Hannibal Lecter, saying, “That’s what’s coming into our country right now.”Mr. Trump had similarly vowed to carry out mass deportations when running for office in 2016, but the government only managed several hundred thousand removals per year under his presidency, on par with other recent administrations. If they get another opportunity, Mr. Trump and his team are determined to achieve annual numbers in the millions.Keeping People OutMigrants wait to be escorted by Border Patrol agents to a processing area in September. Mr. Trump’s stoking of fear and anger toward immigrants fueled his 2016 takeover of the Republican Party. Mark Abramson for The New York TimesMr. Trump’s immigration plan is to pick up where he left off and then go much farther. He would not only revive some of the policies that were criticized as draconian during his presidency, many of which the Biden White House ended, but also expand and toughen them.One example centers on expanding first-term policies aimed at keeping people out of the country. Mr. Trump plans to suspend the nation’s refugee program and once again categorically bar visitors from troubled countries, reinstating a version of his ban on travel from several mostly Muslim-majority countries, which President Biden called discriminatory and ended on his first day in office.Mr. Trump would also use coercive diplomacy to induce other nations to help, including by making cooperation a condition of any other bilateral engagement, Mr. Miller said. For example, a second Trump administration would seek to re-establish an agreement with Mexico that asylum seekers remain there while their claims are processed. (It is not clear that Mexico would agree; a Mexican court has said that deal violated human rights.)Mr. Trump would also push to revive “safe third country” agreements with several nations in Central America, and try to expand them to Africa, Asia and South America. Under such deals, countries agree to take would-be asylum seekers from specific other nations and let them apply for asylum there instead.While such arrangements have traditionally only covered migrants who had previously passed through a third country, federal law does not require that limit and a second Trump administration would seek to make those deals without it, in part as a deterrent to migrants making what the Trump team views as illegitimate asylum claims.At the same time, Mr. Miller said, the Centers for Disease Control and Prevention would invoke the public health emergency powers law known as Title 42 to again refuse to hear any asylum claims by people arriving at the southern border. The Trump administration had internally discussed that idea early in Mr. Trump’s term, but some cabinet secretaries pushed back, arguing that there was no public health emergency that would legally justify it. The administration ultimately implemented it during the coronavirus pandemic.Saying the idea has since gained acceptance in practice — Mr. Biden initially kept the policy — Mr. Miller said Mr. Trump would invoke Title 42, citing “severe strains of the flu, tuberculosis, scabies, other respiratory illnesses like R.S.V. and so on, or just a general issue of mass migration being a public health threat and conveying a variety of communicable diseases.”Mr. Trump and his aides have not yet said whether they would re-enact one of the most contentious deterrents to unauthorized immigration that he pursued as president: separating children from their parents, which led to trauma among migrants and difficulties in reuniting families. When pressed, Mr. Trump has repeatedly declined to rule out reviving the policy. After an outcry over the practice, Mr. Trump ended it in 2018 and a judge later blocked the government from putting it back into effect.Mass DeportationsFederal immigration-enforcement officers gathered for an arrest operation in May in Pompano Beach, Fla.Saul Martinez for The New York TimesSoon after Mr. Trump announced his 2024 campaign for president last November, he met with Tom Homan, who ran ICE for the first year and a half of the Trump administration and was an early proponent of separating families to deter migrants.In an interview, Mr. Homan recalled that in that meeting, he “agreed to come back” in a second term and would “help to organize and run the largest deportation operation this country’s ever seen.”Trump advisers’ vision of abrupt mass deportations would be a recipe for social and economic turmoil, disrupting the housing market and major industries including agriculture and the service sector.Mr. Miller cast such disruption in a favorable light.“Mass deportation will be a labor-market disruption celebrated by American workers, who will now be offered higher wages with better benefits to fill these jobs,” he said. “Americans will also celebrate the fact that our nation’s laws are now being applied equally, and that one select group is no longer magically exempt.”One planned step to overcome the legal and logistical hurdles would be to significantly expand a form of fast-track deportations known as “expedited removal.” It denies undocumented immigrants the opportunity to seek asylum hearings and file appeals, which can take months or years — especially when people are not in custody — and has led to a large backlog. A 1996 law says people can be subject to expedited removal for up to two years after arriving, but to date the executive branch has used it more cautiously, swiftly expelling people picked up near the border soon after crossing.The Trump administration tried to expand the use of expedited removal, but a court blocked it and then the Biden team canceled the expansion. It remains unclear whether the Supreme Court will rule that it is constitutional to use the law against people who have been living for a significant period in the United States and express fear of persecution if sent home.Mr. Trump has also said he would invoke an archaic law, the Alien Enemies Act of 1798, to expel suspected members of drug cartels and criminal gangs without due process. That law allows for summary deportation of people from countries with which the United States is at war, that have invaded the United States or that have engaged in “predatory incursions.”Tom Homan, who ran ICE for the first year and a half of the Trump administration, said he told Mr. Trump he would “help to organize and run the largest deportation operation this country’s ever seen.”Rebecca Noble for The New York TimesThe Supreme Court has upheld past uses of that law in wartime. But its text seems to require a link to the actions of a foreign government, so it is not clear whether the justices will allow a president to stretch it to encompass drug cartel activity.More broadly, Mr. Miller said a new Trump administration would shift from the ICE practice of arresting specific people to carrying out workplace raids and other sweeps in public places aimed at arresting scores of unauthorized immigrants at once. While every administration has used detention facilities, because of the magnitude of deportations being contemplated, the Trump team plans to build “vast holding facilities that would function as staging centers” for migrants waiting to be flown to other countries, Mr. Miller said. Such an undertaking would be fast-tracked, he said, “by bringing in the right kinds of attorneys and the right kinds of policy thinkers” — taking what is typically a methodical process “and making it radically more quick and efficient.”Mr. Miller said the new camps would likely be built “on open land in Texas near the border.” He said the military would construct them under the authority and control of the Department of Homeland Security. While he cautioned that there were no specific blueprints yet, he said the camps would look professional and similar to other facilities for migrants that have been built near the border.The use of these camps, he said, would likely be focused more on single adults because the government cannot indefinitely hold children under a longstanding court order known as the Flores settlement. So any families brought to the facilities would have to be moved in and out more quickly, Mr. Miller said.The Trump administration tried to overturn the Flores settlement, but the Supreme Court did not resolve the matter before Mr. Trump’s term ended. Mr. Miller said the Trump team would try again.To increase the number of agents available for ICE sweeps, Mr. Miller said, officials from other federal law enforcement agencies would be temporarily reassigned, and state National Guard troops and local police officers, at least from willing Republican-led states, would be deputized for immigration control efforts.While a law known as the Posse Comitatus Act generally forbids the use of the armed forces for law enforcement purposes, another law called the Insurrection Act creates an exception. Mr. Trump would invoke the Insurrection Act at the border, enabling the use of federal troops to apprehend migrants, Mr. Miller said.“Bottom line,” he said, “President Trump will do whatever it takes.”Zolan Kanno-Youngs More

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      Some of the Lawyers Who May Fill a Second Trump Administration

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      Donald Trump’s allies are hoping to install a different species of legal gatekeeper throughout the federal government. Here are some of the potential prospects.Election Day is a year away, but key allies of former President Donald J. Trump are already thinking about staffing a potential administration, including by filling White House and agency legal positions with aggressive and ideologically like-minded lawyers.Trump allies are preparing to populate a new administration with a different breed of lawyer — a departure from the type that stymied part of his first-term agenda and that despite their mainstream conservative credentials are seen as too cautious by people close to the former president. They are seeking lawyers in federal agencies and in the White House committed to his “America First” ideology and willing to use edgy theories to advance his cause.It is too early to say with any certainty whom Mr. Trump would select were he to win a second term starting in 2025. But several conservative nonprofits, staffed by people who are likely to take on senior White House positions if there is a second Trump administration, have been putting together lists of prospects.At Project 2025, a well-funded effort by the Heritage Foundation to prepare personnel and policy for the next conservative administration, John McEntee, one of Mr. Trump’s most trusted aides, is part of a team searching for potential lawyers.A person familiar with the Heritage 2025 project said it was listing multiple options for every position. Some of the names under early and unofficial consideration are:Joseph E. Schmitz as the Pentagon’s top lawyer. A Bush-era Pentagon inspector general, he argued after the 2020 election that the Supreme Court or the vice president, Mike Pence, should intervene to overturn Mr. Trump’s loss.Joseph E. Schmitz in 2004.Jamie-Andrea Yanak/Associated PressWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please  More

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      Trump’s Allies Want a New Breed of Lawyer if He Returns to Power

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      Close allies of Donald J. Trump are preparing to populate a new administration with a more aggressive breed of right-wing lawyer, dispensing with traditional conservatives who they believe stymied his agenda in his first term.The allies have been drawing up lists of lawyers they view as ideologically and temperamentally suited to serve in a second Trump administration. Their aim is to reduce the chances that politically appointed lawyers would frustrate a more radical White House agenda — as they sometimes did when Mr. Trump was in office, by raising objections to his desires for certain harsher immigration policies or for greater personal control over the Justice Department, among others.Now, as Trump allies grow more confident in an election victory next fall, several outside groups, staffed by former Trump officials who are expected to serve in senior roles if he wins, have begun parallel personnel efforts. At the start of Mr. Trump’s term, his administration relied on the influential Federalist Society, the conservative legal network whose members filled key executive branch legal roles and whose leader helped select his judicial nominations. But in a striking shift, Trump allies are building new recruiting pipelines separate from the Federalist Society.These back-room discussions were described by seven people with knowledge of the planning, most of whom spoke on the condition of anonymity to describe private conversations. In addition, The New York Times interviewed former senior lawyers in the Trump administration and other allies who have remained close to the president and are likely to serve in a second term.The interviews reveal a significant break within the conservative movement. Top Trump allies have come to view their party’s legal elites — even leaders with seemingly impeccable conservative credentials — as out of step with their movement.“The Federalist Society doesn’t know what time it is,” said Russell T. Vought, a former senior Trump administration official who runs a think tank with close ties to the former president. He argued that many elite conservative lawyers had proved to be too timid when, in his view, the survival of the nation is at stake.Such comments may surprise those who view the Federalist Society as hard-line conservatives. But the move away from the group reflects the continuing evolution of the Republican Party in the Trump era and an effort among those now in his inner circle to prepare to take control of the government in a way unseen in modern presidential history.Two of the allies leading the push are Stephen Miller, Mr. Trump’s former senior adviser, and John McEntee, another trusted aide whom the then-president had empowered in 2020 to rid his administration of political appointees perceived as disloyal or obstructive.The nonprofit groups they are involved in are barred by law from supporting a candidate, and none of the work they are doing is explicitly tied to Mr. Trump. But Mr. Miller and Mr. McEntee remain close to the former president and are expected to have his ear in any second term.Mr. Trump himself, focused for now on multiple criminal and civil cases against him, appears disengaged from these efforts. But he made clear throughout his term in office that he was infuriated by many of the lawyers who worked for him, ranting about how they were “weak” and “stupid.”By the end of his term, lawyers he appointed early in his administration had angered the White House by raising legal concerns about various policy proposals. But Mr. Trump reserved his deepest rage for the White House and Justice Department legal officials who largely rejected his attempts to overturn the 2020 election, according to people who spoke with him. Casting about for alternative lawyers who would tell him what he wanted to hear, Mr. Trump turned for that effort to a group of outside lawyers, many of whom have since been indicted in Georgia.People close to the former president say they are seeking out a different type of lawyer committed to his “America First” ideology and willing to endure the personal and professional risks of association with Mr. Trump. They want lawyers in federal agencies and in the White House who are willing to use theories that more establishment lawyers would reject to advance his cause. This new mind-set matches Mr. Trump’s declaration that he is waging a “final battle” against demonic “enemies” populating a “deep state” within the government that is bent on destroying America.Several of Mr. Trump’s key allies — including Stephen Miller, his former senior adviser — are drawing up lists of lawyers they plan to hire if the former president returns to the White House in 2025.Cooper Neill for The New York TimesThere were a few lawyers like that in Mr. Trump’s administration, but they were largely outnumbered, outranked and often blocked by more traditional legal conservatives. For those who went to work for Mr. Trump but grew disillusioned, the push to systematically install Trump loyalists who may see the law as malleable across a second Trump administration has been a cause for alarm.John Mitnick was appointed by Mr. Trump as general counsel of the Homeland Security Department in 2018. But he was fired in 2019 as part of a broad purge of the agency’s leaders — whom Mr. Trump had installed — and was replaced by one of Mr. Miller’s allies.Mr. Mitnick predicted that “no qualified attorneys with integrity will have any desire to serve as political appointees” in a second Trump term, and that instead it would be “predominantly staffed by opportunists who will rubber-stamp whatever Trump and his senior White House staff want to do.”In many ways, the Federalist Society has become synonymous with the Republican establishment, and its members’ most common interests — including pushing an originalist interpretation of the Constitution and federal statutes — can be distinct from the whims and grievances of Mr. Trump himself. Its membership dues are low, and politically ambitious Republican lawyers of various stripes routinely join it or attend its events. Many of the more aggressive lawyers the Trump allies are eyeing have their own links to it.But after both the legal policy fights inside the Trump administration and the refusal by the group’s most respected luminaries to join Mr. Trump’s efforts to overturn the 2020 election, the phrase “Federalist Society” became a slur for some on the Trump-aligned right, a shorthand for a kind of lawyerly weakness.Hard-right allies of Mr. Trump increasingly speak of typical Federalist Society members as “squishes” too worried about maintaining their standing in polite society and their employment prospects at big law firms to advance their movement’s most contentious tactics and goals.“Trump and his administration learned the hard way in their first term that the Democrats are playing for keeps,” said Mike Davis, a former congressional aide who helped shepherd judicial nominees during the Trump administration and has become a close ally of the 45th president. “And in the Trump 47 administration, they need much stronger attorneys who do not care about elite opinion who will fight these key cultural battles.”The chilling of the relationship between Mr. Trump and Leonard Leo, a leader of the Federalist Society, embodies a broader rift between Mr. Trump and conservative legal elites.T.J. Kirkpatrick for The New York TimesA Fraught UnionWhen Mr. Trump wrested the 2016 Republican presidential nomination from the party’s old guard, it was unclear whether social conservatives would turn out in the general election to vote for a thrice-married New Yorker who had cultivated a playboy reputation and once described himself as “very pro-choice.” But Mr. Trump won their support by essentially striking a deal with legal conservatives: He agreed to fill Supreme Court vacancies from a list of prospects compiled by a small number of movement stalwarts.This group helping to shape the judiciary included Leonard A. Leo — arguably the most powerful figure in the conservative legal movement and a leader of the Federalist Society — and Donald F. McGahn II, Mr. Trump’s 2016 campaign general counsel and first White House counsel. With a seat already open after the death of Justice Antonin Scalia, the move worked: Exit polls showed that court-focused voters helped secure Mr. Trump’s narrow victory.Along with the Republican leader in the Senate, Mitch McConnell of Kentucky, Mr. Leo and Mr. McGahn — and later Pat A. Cipollone, Mr. Trump’s second White House counsel — created an assembly line for turning Federalist Society-style lawyers into appeals court judges and Supreme Court justices.But the union between Mr. Trump and the conservative legal establishment could be more fraught than it sometimes appeared. As his presidency wore on, Mr. Trump attacked and sidelined many of the lawyers around him. That included Mr. Leo.One episode, described by a person familiar with the incident, illustrates the larger chill.In January 2020, Mr. Leo was having dinner at Mar-a-Lago when Mr. Trump strode up to his table. The president stunned Mr. Leo, publicly berating him and accusing him of recommending the deputy attorney general, Rod J. Rosenstein, who appointed a special counsel to investigate ties between the Russian government and the Trump campaign.Taken aback, Mr. Leo protested that he had actually suggested someone else for the position — Mr. Cipollone. Mr. Trump walked away without apologizing.Nearly a year later, when Mr. Trump was trying to enlist legal assistance for his efforts to overturn his 2020 election loss, he reached out three times to Mr. Leo. But Mr. Leo declined to take or return Mr. Trump’s calls, and has since only dealt with him through others.A spokesman for Mr. Trump did not respond to repeated requests for comment.In a statement, Mr. Leo said, “I have nothing to say regarding his current efforts, but I’m just grateful that President Trump transformed the Supreme Court and the federal judiciary in his first term.”Mr. Mitnick’s experience underscores the style of lawyering that Trump allies saw as too cautious. His role as the top lawyer at the Department of Homeland Security put him in the path of increasingly aggressive policy proposals from a top White House adviser to Mr. Trump, Mr. Miller.Mr. Miller, who is not a lawyer, is known for his vehement opposition to immigration. Mr. Mitnick and Mr. Miller are said to have clashed, directly and indirectly, over legal risks raised by regulatory and policy actions emanating from the White House, including separating migrant children from their parents and transporting migrants to so-called sanctuary cities.In 2019, the White House purged the leadership ranks of the Homeland Security Department, firing Mr. Mitnick. Mr. Trump ultimately installed as his replacement Chad Mizelle, who had been out of law school just seven years but was a close Miller ally.Like numerous other positions filled later in Mr. Trump’s term, Mr. Mizelle was appointed as “acting” general counsel, sidestepping a Senate vetting and confirmation process that would most likely have closely scrutinized whether he was qualified for the job.With Mr. Mizelle acting as the department’s top lawyer when the Covid-19 pandemic arose, the Trump administration seamlessly invoked emergency powers to flatly refuse to consider the petition of any asylum seeker arriving at the southern border.Seeking ‘America First’ LawyersMr. Miller has stayed close to Mr. Trump and is expected to play an even more important role in shaping policy if Mr. Trump returns to power.While out of office, Mr. Miller has been running a foundation focused on suing the Biden administration and recruiting a new generation of “America First” lawyers, with some from attorney general and solicitor general offices in Texas and other Republican-controlled states. “America First” Republicans are often opposed to both legal and illegal immigration, protectionist on trade and skeptical of international alliances and military intervention overseas.One first-term Trump lawyer who would most likely serve in a second term is Mark Paoletta, who served as general counsel at the Office of Management and Budget and worked closely with Mr. Vought, the agency’s director. The O.M.B. team saw itself as an island of facilitators within an executive branch they believed was too quick to tell Mr. Trump that his ideas were unachievable or illegal.“The Federalist Society doesn’t know what time it is,” said Russell Vought, a former senior Trump administration official.Doug Mills/The New York TimesTogether, Mr. Vought and Mr. Paoletta came up with the idea of having Mr. Trump declare a national emergency and invoke special powers to spend more taxpayer money on a border wall than Congress was willing to appropriate.Mr. Paoletta also believed that Mr. Trump could have exerted greater personal control over the Justice Department, although Mr. Paoletta said in an interview that he did not advocate using the presidency’s command over federal law enforcement for partisan and personal score-settling. He and other advisers likely to follow Mr. Trump back into power view White House authority to direct the Justice Department as proper under the so-called unitary executive theory. It holds that presidents can directly command the entire federal bureaucracy and that pockets of independent decision-making authority are unconstitutional.“I believe a president doesn’t need to be so hands-off with the D.O.J.,” Mr. Paoletta said, adding: “It’s not an independent agency, and he is the head of the executive branch. A president has every right to direct D.O.J. to look at items that are his policy priorities and other matters of national importance.”Mr. Trump is not known for pondering legal philosophy. But he has found common cause with lawyers who have a sweeping view of presidential power.In his 2024 campaign, Mr. Trump has promised to “appoint a real special prosecutor to go after” President Biden and his family — shattering the post-Watergate norm of Justice Department independence. More than any legal policy statement on his campaign website, retribution may be the closest thing to a governing philosophy for Mr. Trump as he seeks a second term.‘Legal Creativity’Mr. Trump has rarely looked closely at a lawyer’s area of specialty. Instead, he has often looked at whether a particular lawyer can help him gain something he wants. He spent much of his first term railing against the lawyers who worked for him and wondering aloud why none of them could live up to the memory of his notoriously ruthless mentor, Roy Cohn, who represented Mr. Trump in his early business career in New York.When he sought to overturn the 2020 election, Mr. Trump was unsatisfied with his government lawyers, including his second White House counsel, Mr. Cipollone, who largely rejected his efforts to subvert the results. Mr. Trump turned to a different set of outside lawyers.Those lawyers included Rudolph W. Giuliani, John C. Eastman, Kenneth Chesebro, Jenna Ellis and Sidney K. Powell, all of whom have since been indicted in Georgia in a racketeering case that charged the former president and 18 of his allies with conspiring to overturn his election loss there in 2020. Ms. Powell, Mr. Chesebro and Ms. Ellis have pleaded guilty.Mr. Trump was also infuriated that the justices he had put on the Supreme Court declined to repay his patronage by intervening in the 2020 election. As Mr. Trump criticized the court, Mr. Leo with the Federalist Society is said to have told associates he was disappointed that the former president’s rhetoric made his judicial appointment record look “transactional,” aimed at advancing Mr. Trump’s personal interests rather than a broader philosophical mission.Jeffrey Clark, a former high-ranking Justice Department official, was criminally charged in Georgia in connection with efforts to overturn Mr. Trump’s 2020 election loss in that state.Pool photo by Susan WalshIn the same way, Mr. Trump had a falling-out with his attorney general, William P. Barr, who refused to falsely say that the Justice Department had evidence of widespread voter fraud. After Mr. Barr resigned, his deputy and successor, Jeffrey A. Rosen, also refused to throw the department’s weight behind Mr. Trump’s claims. Mr. Trump then explored the idea of installing Jeffrey Clark — an official who was willing to raise concerns about purported election fraud — as acting attorney general.Mr. Clark has also been indicted in the Georgia case, but remains in favor with Mr. Trump and has met with the former president at his private clubs. Over the summer, at Mr. Trump’s golf club in Bedminster, N.J., Mr. Clark attended a fund-raiser for the people who have been imprisoned for rioting at the Capitol on Jan. 6, 2021.Mr. Clark will most likely be in contention for a senior Justice Department position in any second Trump administration, depending on the outcome of his legal travails. He has written a constitutional analysis, titled “The U.S. Justice Department Is Not Independent,” that amounts to an intellectual blueprint for direct presidential control of federal law enforcement.He declined to comment. On a conservative podcast last year, Mr. Clark said that “extraordinary times call for extraordinary, responsive legal creativity.” More

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      Trump Plans to Expand Presidential Power Over Agencies in 2025

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      Donald J. Trump and his allies are planning a sweeping expansion of presidential power over the machinery of government if voters return him to the White House in 2025, reshaping the structure of the executive branch to concentrate far greater authority directly in his hands.Their plans to centralize more power in the Oval Office stretch far beyond the former president’s recent remarks that he would order a criminal investigation into his political rival, President Biden, signaling his intent to end the post-Watergate norm of Justice Department independence from White House political control.Mr. Trump and his associates have a broader goal: to alter the balance of power by increasing the president’s authority over every part of the federal government that now operates, by either law or tradition, with any measure of independence from political interference by the White House, according to a review of his campaign policy proposals and interviews with people close to him.Mr. Trump intends to bring independent agencies — like the Federal Communications Commission, which makes and enforces rules for television and internet companies, and the Federal Trade Commission, which enforces various antitrust and other consumer protection rules against businesses — under direct presidential control.He wants to revive the practice of “impounding” funds, refusing to spend money Congress has appropriated for programs a president doesn’t like — a tactic that lawmakers banned under President Richard Nixon.He intends to strip employment protections from tens of thousands of career civil servants, making it easier to replace them if they are deemed obstacles to his agenda. And he plans to scour the intelligence agencies, the State Department and the defense bureaucracies to remove officials he has vilified as “the sick political class that hates our country.”Mr. Trump and his advisers are openly discussing their plans to reshape the federal government if he wins the election in 2024.Anna Moneymaker for The New York Times“The president’s plan should be to fundamentally reorient the federal government in a way that hasn’t been done since F.D.R.’s New Deal,” said John McEntee, a former White House personnel chief who began Mr. Trump’s systematic attempt to sweep out officials deemed to be disloyal in 2020 and who is now involved in mapping out the new approach.“Our current executive branch,” Mr. McEntee added, “was conceived of by liberals for the purpose of promulgating liberal policies. There is no way to make the existing structure function in a conservative manner. It’s not enough to get the personnel right. What’s necessary is a complete system overhaul.”Mr. Trump and his advisers are making no secret of their intentions — proclaiming them in rallies and on his campaign website, describing them in white papers and openly discussing them.“What we’re trying to do is identify the pockets of independence and seize them,” said Russell T. Vought, who ran the Office of Management and Budget in the Trump White House and now runs a policy organization, the Center for Renewing America.The strategy in talking openly about such “paradigm-shifting ideas” before the election, Mr. Vought said, is to “plant a flag” — both to shift the debate and to later be able to claim a mandate. He said he was delighted to see few of Mr. Trump’s Republican primary rivals defend the norm of Justice Department independence after the former president openly attacked it.Steven Cheung, a spokesman for Mr. Trump’s campaign, said in a statement that the former president has “laid out a bold and transparent agenda for his second term, something no other candidate has done.” He added, “Voters will know exactly how President Trump will supercharge the economy, bring down inflation, secure the border, protect communities and eradicate the deep state that works against Americans once and for all.”The agenda being pursued by Mr. Trump and his associates has deep roots in a longstanding effort by conservative legal thinkers to undercut the so-called administrative state.Doug Mills/The New York TimesThe two driving forces of this effort to reshape the executive branch are Mr. Trump’s own campaign policy shop and a well-funded network of conservative groups, many of which are populated by former senior Trump administration officials who would most likely play key roles in any second term.Mr. Vought and Mr. McEntee are involved in Project 2025, a $22 million presidential transition operation that is preparing policies, personnel lists and transition plans to recommend to any Republican who may win the 2024 election. The transition project, the scale of which is unprecedented in conservative politics, is led by the Heritage Foundation, a think tank that has shaped the personnel and policies of Republican administrations since the Reagan presidency.That work at Heritage dovetails with plans on the Trump campaign website to expand presidential power that were drafted primarily by two of Mr. Trump’s advisers, Vincent Haley and Ross Worthington, with input from other advisers, including Stephen Miller, the architect of the former president’s hard-line immigration agenda.Some elements of the plans had been floated when Mr. Trump was in office but were impeded by internal concerns that they would be unworkable and could lead to setbacks. And for some veterans of Mr. Trump’s turbulent White House who came to question his fitness for leadership, the prospect of removing guardrails and centralizing even greater power over government directly in his hands sounded like a recipe for mayhem.“It would be chaotic,” said John F. Kelly, Mr. Trump’s second White House chief of staff. “It just simply would be chaotic, because he’d continually be trying to exceed his authority but the sycophants would go along with it. It would be a nonstop gunfight with the Congress and the courts.”The agenda being pursued has deep roots in the decades-long effort by conservative legal thinkers to undercut what has become known as the administrative state — agencies that enact regulations aimed at keeping the air and water clean and food, drugs and consumer products safe, but that cut into business profits.Its legal underpinning is a maximalist version of the so-called unitary executive theory.The legal theory rejects the idea that the government is composed of three separate branches with overlapping powers to check and balance each other. Instead, the theory’s adherents argue that Article 2 of the Constitution gives the president complete control of the executive branch, so Congress cannot empower agency heads to make decisions or restrict the president’s ability to fire them. Reagan administration lawyers developed the theory as they sought to advance a deregulatory agenda.Mr. Trump and his allies have been laying out an expansive vision of power for a potential second term.Christopher Lee for The New York Times“The notion of independent federal agencies or federal employees who don’t answer to the president violates the very foundation of our democratic republic,” said Kevin D. Roberts, the president of the Heritage Foundation, adding that the contributors to Project 2025 are committed to “dismantling this rogue administrative state.”Personal power has always been a driving force for Mr. Trump. He often gestures toward it in a more simplistic manner, such as in 2019, when he declared to a cheering crowd, “I have an Article 2, where I have the right to do whatever I want as president.”Mr. Trump made the remark in reference to his claimed ability to directly fire Robert S. Mueller III, the special counsel in the Russia inquiry, which primed his hostility toward law enforcement and intelligence agencies. He also tried to get a subordinate to have Mr. Mueller ousted, but was defied.Early in Mr. Trump’s presidency, his chief strategist, Stephen K. Bannon, promised a “deconstruction of the administrative state.” But Mr. Trump installed people in other key roles who ended up telling him that more radical ideas were unworkable or illegal. In the final year of his presidency, he told aides he was fed up with being constrained by subordinates.Now, Mr. Trump is laying out a far more expansive vision of power in any second term. And, in contrast with his disorganized transition after his surprise 2016 victory, he now benefits from a well-funded policymaking infrastructure, led by former officials who did not break with him after his attempts to overturn the 2020 election and the Jan. 6, 2021, attack on the Capitol.One idea the people around Mr. Trump have developed centers on bringing independent agencies under his thumb.Congress created these specialized technocratic agencies inside the executive branch and delegated to them some of its power to make rules for society. But it did so on the condition that it was not simply handing off that power to presidents to wield like kings — putting commissioners atop them whom presidents appoint but generally cannot fire before their terms end, while using its control of their budgets to keep them partly accountable to lawmakers as well. (Agency actions are also subject to court review.)Presidents of both parties have chafed at the agencies’ independence. President Franklin D. Roosevelt, whose New Deal created many of them, endorsed a proposal in 1937 to fold them all into cabinet departments under his control, but Congress did not enact it.Later presidents sought to impose greater control over nonindependent agencies Congress created, like the Environmental Protection Agency, which is run by an administrator whom a president can remove at will. For example, President Ronald Reagan issued executive orders requiring nonindependent agencies to submit proposed regulations to the White House for review. But overall, presidents have largely left the independent agencies alone.Mr. Trump’s allies are preparing to change that, drafting an executive order requiring independent agencies to submit actions to the White House for review. Mr. Trump endorsed the idea on his campaign website, vowing to bring them “under presidential authority.”Such an order was drafted in Mr. Trump’s first term — and blessed by the Justice Department — but never issued amid internal concerns. Some of the concerns were over how to carry out reviews for agencies that are headed by multiple commissioners and subject to administrative procedures and open-meetings laws, as well as over how the market would react if the order chipped away at the Federal Reserve’s independence, people familiar with the matter said.The former president views the civil service as a den of “deep staters” who were trying to thwart him at every turn in the White House.John Tully for The New York TimesThe Federal Reserve was ultimately exempted in the draft executive order, but Mr. Trump did not sign it before his presidency ended. If Mr. Trump and his allies get another shot at power, the independence of the Federal Reserve — an institution Mr. Trump publicly railed at as president — could be up for debate. Notably, the Trump campaign website’s discussion of bringing independent agencies under presidential control is silent on whether that includes the Fed.Asked whether presidents should be able to order interest rates lowered before elections, even if experts think that would hurt the long-term health of the economy, Mr. Vought said that would have to be worked out with Congress. But “at the bare minimum,” he said, the Federal Reserve’s regulatory functions should be subject to White House review.“It’s very hard to square the Fed’s independence with the Constitution,” Mr. Vought said.Other former Trump administration officials involved in the planning said there would also probably be a legal challenge to the limits on a president’s power to fire heads of independent agencies. Mr. Trump could remove an agency head, teeing up the question for the Supreme Court.The Supreme Court in 1935 and 1988 upheld the power of Congress to shield some executive branch officials from being fired without cause. But after justices appointed by Republicans since Reagan took control, it has started to erode those precedents.Peter L. Strauss, professor emeritus of law at Columbia University and a critic of the strong version of the unitary executive theory, argued that it is constitutional and desirable for Congress, in creating and empowering an agency to perform some task, to also include some checks on the president’s control over officials “because we don’t want autocracy” and to prevent abuses.“The regrettable fact is that the judiciary at the moment seems inclined to recognize that the president does have this kind of authority,” he said. “They are clawing away agency independence in ways that I find quite unfortunate and disrespectful of congressional choice.”Mr. Trump has also vowed to impound funds, or refuse to spend money appropriated by Congress. After Nixon used the practice to aggressively block agency spending he was opposed to, on water pollution control, housing construction and other issues, Congress banned the tactic.On his campaign website, Mr. Trump declared that presidents have a constitutional right to impound funds and said he would restore the practice — though he acknowledged it could result in a legal battle.Mr. Trump and his allies also want to transform the civil service — government employees who are supposed to be nonpartisan professionals and experts with protections against being fired for political reasons.The former president views the civil service as a den of “deep staters” who were trying to thwart him at every turn, including by raising legal or pragmatic objections to his immigration policies, among many other examples. Toward the end of his term, his aides drafted an executive order, “Creating Schedule F in the Excepted Service,” that removed employment protections from career officials whose jobs were deemed linked to policymaking.Mr. Trump signed the order, which became known as Schedule F, near the end of his presidency, but President Biden rescinded it. Mr. Trump has vowed to immediately reinstitute it in a second term.Critics say he could use it for a partisan purge. But James Sherk, a former Trump administration official who came up with the idea and now works at the America First Policy Institute — a think tank stocked heavily with former Trump officials — argued it would only be used against poor performers and people who actively impeded the elected president’s agenda.“Schedule F expressly forbids hiring or firing based on political loyalty,” Mr. Sherk said. “Schedule F employees would keep their jobs if they served effectively and impartially.”Mr. Trump himself has characterized his intentions rather differently — promising on his campaign website to “find and remove the radicals who have infiltrated the federal Department of Education” and listing a litany of targets at a rally last month.“We will demolish the deep state,” Mr. Trump said at the rally in Michigan. “We will expel the warmongers from our government. We will drive out the globalists. We will cast out the communists, Marxists and fascists. And we will throw off the sick political class that hates our country.” More

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      Inflammatory Radio Ads From 2 Trump-Aligned Groups Are Airing in Battleground States

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      One of the biggest radio ad blitzes in the final stretch of the midterm elections is a provocative package of advertisements aimed at deepening cultural divides over transgender care for children and racial tensions.Financed by two groups run by former Trump administration officials, the ads have been placed with Black and Hispanic radio stations, along with conservative talk radio stations.But the inflammatory radio spots contrast with a more standard-issue ad campaign this month from former President Donald J. Trump. Mr. Trump’s TV spots, created by his super PAC, MAGA Inc., have promoted messages on inflation and crime that generally align in both issue and tone with those of many Republican candidates seeking federal office.The radio spots strike a more visceral chord.One ad from America First Legal, a group started by Stephen Miller, who was a top policy adviser in the Trump White House, accuses the Biden administration of “anti-white bigotry” while claiming that corporations, airlines and universities “all openly discriminate against white Americans.” “When did racism against white people become OK?” the narrator asks.Another radio ad from the group says that the Biden administration wants to pave the way for children “to remove breasts and genitals.” “Not long ago, everyone knew that you’re either born a boy or a girl,” the narrator says. “Not anymore.”A similar spot that aired in Tennessee during a radio broadcast of the Tennessee Titans game, according to WPLN-FM, claimed, “They push girls to take testosterone so they grow facial hair.”Ammar Moussa, a spokesman for the Democratic National Committee, called the spots “racist, divisive and false.”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.“It’s disgusting and Democrats will stay laser-focused on not only combating these lies, but ensuring voters have the information they need to see right through these inflammatory ads,” Mr. Moussa said.Another radio spot that targets transgender issues is from Citizens for Sanity, a group whose board includes Gene Hamilton, Ian Prior and John Zadrozny, all former Trump administration officials who have also worked for Mr. Miller’s America First Legal group, according to documents first reported by Open Secrets, a campaign finance watchdog.The Citizens for Sanity ad warns that “so-called health organizations are promoting experimental, dangerous and irreversible drugs and surgeries” that “leave young children sterile, infertile and sexually undeveloped for life.”.css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.“Stop the woke war on our children,” the narrator says. “Stop the far-left assault on our youth. Stop the madness. Stop the insanity.”The two groups are registered as nonprofits and, by law, aren’t supposed to participate in political activity that supports or opposes specific candidates. The only politicians mentioned in the ads are President Biden and Vice President Kamala Harris, who aren’t candidates for political office this year.The groups have also promoted their messages in English- and Spanish-language mailers, according to The Colorado Sun. And Citizens for Sanity has spent about $20 million on TV ads in Arizona, Georgia, Nevada and Pennsylvania that focus on illegal immigration, crime and other issues.In a statement, Mr. Hamilton described the spots as “educational.”Justin Unga, the director of strategic initiatives for the Human Rights Campaign, the nation’s largest L.G.B.T.Q. advocacy organization, said that the ads were intended to “animate the most extreme and dangerous elements” of the conservative base with misrepresentations of transgender care and warned that there were “real-life consequences” for such heated language. Mr. Unga pointed to statistics signaling a rise in deadly violence aimed at transgender women of color.Airing the radio spots on Black and Hispanic radio stations, Mr. Unga said, was an attempt to fuel frustration among traditionally Democratic voters and “get them so fed up that they stay home and decide that there’s no good choice.”He added, “It’s a cynical ploy to dissuade people from participating in our democracy.”Voto Latino, a national organization focused on registering Latino voters and engaging them in the political process, has responded with its own spot that will start airing Tuesday on Spanish-language stations in Arizona, Georgia and Nevada, a spokesman for the group said.The Voto Latino spot opens with audio of Mr. Trump falsely claiming he won the 2020 election and a narrator telling listeners that “the same people who brought us the big lie of election fraud now bring us this tale.”“We have seen these attacks before,” the narrator says, according to a transcript of the spot. “They are lies fabricated to distract us from their real agenda: to take away our right to vote and control what our children learn in school.”Mr. Hamilton defended his group’s ads, saying that the spots inform people “about something they all know to be true in 2022, but that major news outlets fail to report on.” Several of the claims in the ad accusing the Biden administration of discriminating against white people have been previously discussed in the conservative news media and found by independent fact-checkers to be either misleading or taken out of context. The spot was first reported by Politico.“Our advertisements make the point that racism is always wrong, regardless of who it is targeted against,” Mr. Hamilton said.The radio spots from the two groups have aired in 24 markets across several states in the past month before Election Day, according to data from AdImpact, an ad-tracking firm. The two groups have aired radio ads in the same markets in Arizona, Florida, Georgia, Nevada, Tennessee and Texas. America First Legal has also run ads in Colorado, Michigan and Nevada.In total, America First Legal has spent more than $5 million on its radio ads. Only the Senate Leadership Fund, a super PAC aligned with Senator Mitch McConnell, the Republican minority leader, has spent more on ads in the final month of the election. The fund has collected more than $250 million this campaign cycle.America First Legal’s total radio budget, when combined with the $1.6 million that Citizens for Sanity has also spent on the radio since Oct. 7, accounts for 15 percent of the $44.5 million that all Republican groups are spending during that same time, according to AdImpact. 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 Proposed Launching Missiles Into Mexico to ‘Destroy the Drug Labs,’ Esper Says

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      It is one of the moments in his upcoming memoir that the former defense secretary described as leaving him all but speechless.President Donald J. Trump in 2020 asked Mark T. Esper, his defense secretary, about the possibility of launching missiles into Mexico to “destroy the drug labs” and wipe out the cartels, maintaining that the United States’ involvement in a strike against its southern neighbor could be kept secret, Mr. Esper recounts in his upcoming memoir.Those remarkable discussions were among several moments that Mr. Esper described in the book, “A Sacred Oath,” as leaving him all but speechless when he served the 45th president.Mr. Esper, the last Senate-confirmed defense secretary under Mr. Trump, also had concerns about speculation that the president might misuse the military around Election Day by, for instance, having soldiers seize ballot boxes. He warned subordinates to be on alert for unusual calls from the White House in the lead-up to the election.The book, to be published on Tuesday, offers a stunningly candid perspective from a former defense secretary, and it illuminates key episodes from the Trump presidency, including some that were unknown or underexplored.“I felt like I was writing for history and for the American people,” said Mr. Esper, who underwent the standard Pentagon security clearance process to check for classified information. He also sent his writing to more than two dozen four-star generals, some cabinet members and others to weigh in on accuracy and fairness.Pressed on his view of Mr. Trump, Mr. Esper — who strained throughout the book to be fair to the man who fired him while also calling out his increasingly erratic behavior after his first impeachment trial ended in February 2020 — said carefully but bluntly, “He is an unprincipled person who, given his self-interest, should not be in the position of public service.”A spokesman for Mr. Trump did not immediately respond to a request for comment.Mr. Esper describes an administration completely overtaken by concerns about Mr. Trump’s re-election campaign, with every decision tethered to that objective. He writes that he could have resigned, and weighed the idea several times, but that he believed the president was surrounded by so many yes-men and people whispering dangerous ideas to him that a loyalist would have been put in Mr. Esper’s place. The real act of service, he decided, was staying in his post to ensure that such things did not come to pass.One such idea emerged from Mr. Trump, who was unhappy about the constant flow of drugs across the southern border, during the summer of 2020. Mr. Trump asked Mr. Esper at least twice if the military could “shoot missiles into Mexico to destroy the drug labs.”“They don’t have control of their own country,” Mr. Esper recounts Mr. Trump saying.When Mr. Esper raised various objections, Mr. Trump said that “we could just shoot some Patriot missiles and take out the labs, quietly,” adding that “no one would know it was us.” Mr. Trump said he would just say that the United States had not conducted the strike, Mr. Esper recounts, writing that he would have thought it was a joke had he not been staring Mr. Trump in the face.In Mr. Esper’s telling, Mr. Trump seemed more emboldened, and more erratic, after he was acquitted in his first impeachment trial. Mr. Esper writes that personnel choices reflected that reality, as Mr. Trump tried to tighten his grip on the executive branch with demands of personal loyalty.Among Mr. Trump’s desires was to put 10,000 active-duty troops on the streets of Washington on June 1, 2020, after large protests against police brutality erupted following the police killing of George Floyd. Mr. Trump asked Mr. Esper about the demonstrators, “Can’t you just shoot them?”Mr. Esper describes one episode nearly a month earlier during which Mr. Trump, whose re-election prospects were reshaped by his repeated bungling of the response to the coronavirus pandemic, behaved so erratically at a May 9 meeting about China with the Joint Chiefs of Staff that one officer grew alarmed. The unidentified officer confided to Mr. Esper months later that the meeting led him to research the 25th Amendment, under which the vice president and members of the cabinet can remove a president from office, to see what was required and under what circumstances it might be used.Mr. Esper writes that he never believed Mr. Trump’s conduct rose to the level of needing to invoke the 25th Amendment. He also strains to give Mr. Trump credit where he thinks he deserves it. Nonetheless, Mr. Esper paints a portrait of someone not in control of his emotions or his thought process throughout 2020.Mr. Esper singles out officials whom he considered erratic or dangerous influences on Mr. Trump, with the policy adviser Stephen Miller near the top of the list. He recounts that Mr. Miller proposed sending 250,000 troops to the southern border, claiming that a large caravan of migrants was en route. “The U.S. armed forces don’t have 250,000 troops to send to the border for such nonsense,” Mr. Esper writes that he responded.In October 2019, after members of the national security team assembled in the Situation Room to watch a feed of the raid that killed the Islamic State leader Abu Bakr al-Baghdadi, Mr. Miller proposed securing Mr. al-Baghdadi’s head, dipping it in pig’s blood and parading it around to warn other terrorists, Mr. Esper writes. That would be a “war crime,” Mr. Esper shot back.Mr. Miller flatly denied the episode and called Mr. Esper “a moron.”Mr. Esper also viewed Mark Meadows, Mr. Trump’s final White House chief of staff, as a huge problem for the administration and the national security team in particular. Mr. Meadows often threw the president’s name around when barking orders, but Mr. Esper makes clear that he often was not certain whether Mr. Meadows was communicating what Mr. Trump wanted or what Mr. Meadows wanted.He also writes about repeated clashes with Robert C. O’Brien, Mr. Trump’s national security adviser in the final year, describing Mr. O’Brien as advocating a bellicose approach to Iran without considering the potential fallout.Mr. O’Brien said he was “surprised and disappointed” by Mr. Esper’s comments. More

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      Judge Will Review Lawyer’s Emails Sought by Jan. 6 Panel

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      A federal judge said he would decide whether emails to and from John Eastman should be released to the House committee investigating the attack on the Capitol.WASHINGTON — A federal judge said on Wednesday that he would review 111 emails that the lawyer John Eastman, an ally of former President Donald J. Trump, is attempting to keep from the House committee investigating the Jan. 6 Capitol attack, as the panel works to force the release of documents from lawyers involved in plans to overturn the 2020 election.Judge David O. Carter, of the United States District Court for the Central District of California, said in an order that he would review emails Mr. Eastman had sent and received between Jan. 4 and Jan. 7 of last year as he decides whether to release them to the committee.Judge Carter made no mention of the committee’s most explosive argument in the case: that Mr. Eastman’s emails are not protected by attorney-client privilege because they were part of a criminal conspiracy.“Ultimately, the court will issue a written decision including its full analysis and its final determination of which, if any, documents must be disclosed to the Select Committee,” the judge wrote.The committee in recent weeks has issued subpoenas to lawyers, including Rudolph W. Giuliani and Sidney Powell, who worked closely with Mr. Trump as they pursued various efforts to keep the former president in power despite losing the election. They offered up false slates of electors claiming Mr. Trump had won politically competitive states that he had lost, and explored the seizure of voting machines.Among the group of lawyers working on behalf of Mr. Trump was Mr. Eastman, who the committee says could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.Before the attack on the Capitol, Mr. Eastman wrote a memo that some in both parties have likened to a blueprint for a coup. The document encouraged Vice President Mike Pence to reject electoral votes from swing states won by President Biden, even as Mr. Eastman privately conceded that the maneuver was likely illegal, the committee said.The arguments were prompted by a suit Mr. Eastman had filed against the committee, attempting to block its subpoena. The committee responded that under the legal theory known as the crime-fraud exception, the privilege does not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.Charles Burnham, Mr. Eastman’s lawyer, argued that neither Mr. Eastman nor Mr. Trump had committed a crime because they genuinely believed the claims of a stolen election — despite being told repeatedly that such statements were false — as they worked to try to keep Mr. Trump in power.The judge’s decision came as two more lawsuits were filed against the committee, bringing to at least 21 the total of potential witnesses or organizations who have sued to trying to block the panel’s efforts to collect information from or about them.One suit, filed by former Trump adviser Stephen Miller, sought to block the committee from accessing his phone records, arguing in part that the panel is invading his parents’ privacy since he is on their family plan.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The first trial. More