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      Dissecting Charges That Could Arise From the Trump Investigations

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      Prosecutors in New York, Georgia and the Justice Department face complex choices about what crimes to charge if they decide to indict Donald Trump.WASHINGTON — Prosecutors like to say that they investigate crimes, not people. The looming decision by the Manhattan district attorney about whether to indict former President Donald J. Trump on charges related to an alleged hush money payment to a porn actress is highlighting the complexity of the legal calculations being made by prosecutors in New York, Georgia and the Justice Department as they examine Mr. Trump’s conduct on a number of fronts.The investigations — which also focus on Mr. Trump’s efforts to cling to power after the 2020 election and his handling of classified documents after leaving office — are confronting prosecutors with tough choices. They must decide whether and how to charge not just Mr. Trump, but also associates who could face jeopardy for actions to which he was not a direct party, like mail or wire fraud for communications that he did not participate in.The publicly known understanding of the evidence is incomplete. It is not clear, for example, in several instances what facts investigators have been able to gather about Mr. Trump’s personal knowledge, directions and intentions related to several of the matters.Here is a look at some of the criminal laws that different prosecutors appear to be weighing and how they might apply to Mr. Trump’s actions.Stormy Daniels was paid $130,000.Markus Schreiber/Associated PressThe Stormy Daniels Hush Money PaymentOverviewAlvin L. Bragg, the Manhattan district attorney, appears to be nearing a decision about whether to charge Mr. Trump with a crime related to his $130,000 hush money payment just before the 2016 election to the pornographic film actress Stormy Daniels, who has said they had an extramarital affair. Michael D. Cohen, Mr. Trump’s former lawyer and fixer, sent the money to Ms. Daniels, and the Trump Organization reimbursed him over the course of 2017, according to a 2018 federal court filing in Mr. Cohen’s case. Mr. Trump’s business concealed the true purpose of the payments, the filing said, by recording them as having been for a legal retainer that did not exist.Potential charge: Bookkeeping fraudThe New York Times has reported that the case may include a potential charge of falsifying business records under Article 175 of the New York Penal Law. A conviction for a felony version of bookkeeping fraud carries a sentence of up to four years.To prove that Mr. Trump committed that offense, prosecutors would seemingly need evidence showing that he had knowingly caused subordinates to make a false entry in his company’s records “with intent to defraud.” For the action to be a felony rather than a misdemeanor, prosecutors would also need to show that Mr. Trump falsified the business records with the intention of committing, aiding or concealing a second crime.The public understanding of Mr. Bragg’s theory of the case remains murky and incomplete. The district attorney’s office has reportedly weighed invoking alleged campaign-finance violations as that intended second crime, which could raise complications. Among other things, presidential elections are governed by federal law, and it is not clear whether Mr. Bragg has found a theory by which a state campaign law covered Mr. Trump’s actions, or if a state prosecutor can cite a law over which he lacks jurisdiction. It remains possible that Mr. Bragg has obtained nonpublic evidence of some other intended offense, like if there was any initial intention to deduct the payments as a business expense on state tax returns.Bookkeeping fraud has a two-year statute of limitations as a misdemeanor and a five-year one as a felony, both of which would normally have expired for payments made to Mr. Cohen in 2017. But New York law extends those limits to cover periods when a defendant was continuously out of state, as when Mr. Trump was while living in the White House or at his home in Florida. In addition, during the pandemic, New York’s statute of limitations was extended by more than a year.Mr. Trump has claimed — without evidence — that he declassified all the files taken to Mar-a-Lago.Saul Martinez for The New York TimesThe Mar-a-Lago DocumentsOverviewJack Smith, a special counsel for the federal Justice Department, is investigating matters related to Mr. Trump’s handling of several hundred documents marked as classified that he kept at his Florida club and home, Mar-a-Lago, after leaving office, and how Mr. Trump resisted efforts by the government to retrieve all of those files. After the Justice Department obtained a subpoena for all remaining files marked as classified, a lawyer for Mr. Trump, M. Evan Corcoran, turned over some while helping to draft a statement falsely saying those were all that remained. In August, the F.B.I. executed a search warrant and found 103 more, including in Mr. Trump’s desk.Prosecutors last week persuaded a federal judge that Mr. Corcoran should be compelled to answer more questions from a grand jury investigating the documents matter, notwithstanding attorney-client privilege. That means the judge agreed with prosecutors that the situation met the threshold for an exception for lawyer communications or work that apparently helped further a crime.Potential charge: Unauthorized retention of national security documentsOne of the charges the F.B.I. listed in its affidavit for the Mar-a-Lago search warrant was Section 793(e) of Title 18, a provision of the Espionage Act. Prosecutors would have to show that Mr. Trump knew he was still in possession of the documents after leaving the White House and failed to comply when the government asked him to return them and then subpoenaed him. The theoretical penalty is up to 10 years per such document.Prosecutors would also have to show that the documents related to the national defense, that they were closely held and that their disclosure could harm the United States or aid a foreign adversary. Although Mr. Trump has claimed — without evidence — that he declassified all the files taken to Mar-a-Lago, prosecutors would not need to prove that they were still classified because the Espionage Act predates the classification system and does not refer to it as an element..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.Potential charge: ObstructionAnother charge in the F.B.I. affidavit was Section 1519 of Title 18, which makes it a crime to conceal records to obstruct an official effort. Prosecutors would need to show that Mr. Trump knew he still had files that were responsive to the National Archives’ efforts to take custody of presidential records and the Justice Department’s subpoena for files marked as classified, and that he intentionally caused his subordinates to fail to turn them all over while leading officials to believe they had complied. The penalty is up to 20 years per offense.Potential charge: Mishandling official documentsA third charge in the affidavit was Section 2071 of Title 18, which criminalizes the concealment or destruction of official documents, whether or not they were related to national security. Among other things, former aides to Mr. Trump have recounted how he sometimes ripped up official documents, and the National Archives has said that some of the Trump White House paper records transferred to it had been torn up — some of which were taped back together and some of which were not reconstructed. The penalty is up to three years per offense plus a ban on holding federal office, although the latter is most likely unconstitutional, legal experts say.Potential charge: Contempt of courtSection 402 of Title 18 makes it a crime to willfully disobey a court order, like the grand jury subpoena Mr. Trump received in May 2022 requiring him to turn over all documents with classification markings remaining in his possession. It carries a penalty of a fine of up to $1,000 and up to six months in prison. To bring this charge, prosecutors would need evidence showing he knew that he was still holding onto other files with classification markings during and after his representatives purported to comply with the subpoena.Potential charge: Conspiracy to make a false statementSection 1001 of Title 18 makes it a crime to make a false statement to a law enforcement officer about a fact material to the officer’s investigation, and Section 371 makes it a crime to conspire with another person to break that or any other law. It carries a penalty of up to five years. Prosecutors would need to be able to show that Mr. Trump and Mr. Corcoran knew and agreed that the lawyer should lie to the Justice Department about there being no further documents responsive to the subpoena.Ballots being recounted in Atlanta, which is part of Fulton County, in 2020.Nicole Craine for The New York TimesThe Georgia Election Law InvestigationOverviewFani T. Willis, the district attorney for Fulton County, Ga., is investigating events related to Mr. Trump’s attempts to overturn President Biden’s narrow victory in that state in the 2020 election. Among other things, in a phone call that was recorded and leaked, Mr. Trump called Georgia’s secretary of state, Brad Raffensperger, and pressured him to “find” enough additional votes for him to flip the outcome.Ms. Willis is also investigating Trump associates’ efforts to get 16 of his supporters to falsely declare themselves to be an alternative slate of electors from Georgia, which helped lay the groundwork for Mr. Trump’s push to get Vice President Mike Pence to reject the true results when Congress met to certify the election on Jan. 6, 2021.Potential charges: Election code violationsMost elections offenses in Georgia’s code are misdemeanors, but there are several felony charges that Ms. Willis may be considering, based on the same basic set of facts. These include Section 21-2-603, which makes it a crime to conspire with another person to violate a provision of the election code, and Section 21-2-604, which makes it a crime to solicit another person to commit election fraud.To bring such a charge against Mr. Trump, prosecutors would need to cite another election law whose violation was his alleged goal. It is possible, for example, that they might be considering contending that Mr. Trump’s pushing Mr. Raffensperger to “find” additional votes amounted to implicitly asking him to violate a provision that makes it a felony for the secretary of state to alter official election records, but Mr. Trump’s language was not explicit.Potential charge: RacketeeringMs. Willis has indicated that she is considering bringing charges under Georgia’s Racketeer Influenced and Corrupt Organizations Act. So-called RICO laws are tools that were developed to make it easier to go after organized criminal enterprises, and can be used against members of any group that engaged in a pattern of criminal activities with a common purpose. A conviction would carry a maximum penalty of 20 years in prison.To convict Mr. Trump under Georgia’s RICO law, Section 16-14-4, prosecutors would need to show that as part of his efforts with associates to overturn Georgia’s election results, he conspired with others or engaged in two or more offenses from a list of several dozen offenses, most of which are violent crimes but which include things like solicitation, forgery and making materially false statements to state officials.The House Jan. 6 committee made a criminal referral of Mr. Trump and others to the Justice Department.Haiyun Jiang/The New York TimesThe 2020 Election and Jan. 6OverviewMr. Smith, the special counsel, is also conducting a broader federal investigation into Mr. Trump’s attempt to overturn the 2020 election results and the events of Jan. 6. The House committee that carried out the investigation into the riot last year made a criminal referral of Mr. Trump and others to the Justice Department. While that was of largely symbolic value — the department already had an investigation open and Congress has no authority to prosecute — the analysis in the panel’s final report sets out possible charges that Mr. Smith could also consider.Potential charge: Obstruction of an official proceedingOne criminal accusation the Jan. 6 committee leveled against Mr. Trump was the attempted corrupt obstruction of an official proceeding, under Section 1512(c) of Title 18. It is punishable by up to 20 years in prison. Prosecutors have used this law to charge about 300 ordinary Jan. 6 defendants — people who rioted — and an appeals court is currently weighing whether that charge has been appropriately applied in those cases. But even if the judiciary upholds use of the charge, such a case against Mr. Trump would be very different since he did not physically participate in the riot.The Jan. 6 committee argued that he could be charged with it based on two sets of actions. First, it argued that his summoning of supporters to Washington and urging them to march on the Capitol and “fight like hell” violated that law. Mr. Trump’s defense team would surely seek to raise doubt about whether he intended for his supporters to riot, including because he also told them to protest “peacefully.”Second, the committee portrayed as criminal obstruction the scheme to recruit so-called fake electors from various states and pressuring Mr. Pence to cite their existence as a basis to delay certifying the election. The panel stressed how Mr. Trump had been told that there was no truth to his claims of a stolen election, which it said proved his intentions were corrupt. Among other things, Mr. Trump’s defense team would surely argue that because a lawyer, John Eastman, advised him to take those steps, there is no proof he understood that doing so was illegal.Potential charge: Conspiracy to defraud the United StatesA second criminal accusation leveled by the Jan. 6 committee was Section 371 of Title 18, which makes it a crime, punishable by up to five years in prison, to conspire with another person to defraud the government. The panel cited an array of evidence about Mr. Trump’s interactions with various lawyers and aides in pursuit of his effort to prevent the certification of Mr. Biden’s electoral victory. The committee also argued that prosecutors could prove Mr. Trump intended to be deceitful via evidence that he was repeatedly told that his allegations of widespread voter fraud were baseless.Potential charge: Conspiracy to make a false statementThe Jan. 6 committee highlighted the efforts to submit slates of fake electors to Congress and to the National Archives. As with other such potential charges, a key challenge for prosecutors would be proving Mr. Trump’s intentions and understanding beyond a reasonable doubt.Potential charge: InsurrectionThe committee also pointed to Section 2383 of Title 18, which makes it a crime to incite, assist or “aid and comfort” an insurrection against the authority and laws of the federal government. The panel emphasized in particular how Mr. Trump refused for hours to take steps to call off the rioters despite being implored by aides to do so, and an inflammatory tweet he sent about Mr. Pence in the midst of the violence.While the committee said the events of Jan. 6 met the standard for an insurrection, it is notable that prosecutors have not accused any of the Jan. 6 defendants to date of that offense — even those they charged with seditious conspiracy. More

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      Justice Dept. Offers Immunity to Kash Patel for Testimony in Documents Case

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      The adviser, Kash Patel, had previously declined to answer questions from prosecutors in front of a federal grand jury, citing his Fifth Amendment rights.The Justice Department offered on Wednesday to allow Kash Patel, a close adviser to former President Donald J. Trump, to testify to a federal grand jury under a grant of immunity about Mr. Trump’s handling of highly sensitive presidential records, two people familiar with the matter said.The offer of immunity came about a month after Mr. Patel invoked his Fifth Amendment rights against self-incrimination in front of the grand jury and refused to answer questions from prosecutors investigating whether Mr. Trump improperly took national security documents with him when he left the White House and subsequently obstructed attempts by the government to retrieve them.During Mr. Patel’s initial grand jury appearance, one of the people familiar with the matter said, Judge Beryl A. Howell of Federal District Court in Washington acknowledged Mr. Patel’s Fifth Amendment claims and said the only way he could be forced to testify was if the government offered him immunity.The decision by the Justice Department to grant immunity in the case, the person said, effectively cleared the way for the grand jury to hear Mr. Patel’s testimony.A spokesman for the Justice Department declined to comment.The disclosure that Mr. Patel has received immunity for his testimony comes as prosecutors have increased their pressure on recalcitrant witnesses who have declined to answer investigators’ questions or have provided them with potentially misleading accounts about Mr. Trump’s handling of documents.What to Know About the Trump InvestigationsCard 1 of 6Numerous inquiries. More

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      Are Democrats Bungling Their Outreach to Voters?

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      More from our inbox:Republican Outrage Over the Raid at Mar-a-Lago‘Willful Ignorance’ and the Alex Jones Case Seb AgrestiTo the Editor:Re “Fed Up With Democratic Emails? You’re Not the Only One,” by Lara Putnam and Micah L. Sifry (Opinion guest essay, nytimes.com, Aug. 1):The on-the-ground organizing the writers favor is admirable. But in deriding letters to voters, they are far off the mark. The science is clear: Large-scale randomized controlled trials over multiple election cycles have shown that Vote Forward’s partially handwritten letters significantly boost voter turnout.A peer-reviewed research study of our 2020 program “The Big Send” found that it was among the highest impact voter turnout programs ever measured in a presidential election. Vote Forward rigorously vets volunteers and encourages personal, heartfelt messages that reach beyond their bubbles — an authentic approach that works.Letter writing is a scalable, accessible activity doable year round from anywhere. It is an enjoyable entry point to electoral activism for many volunteers who later engage in deeper community organizing. And letters can be stockpiled to send at the optimal time, leaving space for other voter contact activities like canvassing and phone banking.Letters to voters are the kind of thoughtful, sustainable approach to volunteer engagement in elections that should be encouraged if we hope to build a strong civic fabric.Scott FormanOakland, Calif.The writer is the founder and executive director of Vote Forward, a nonprofit that encourages citizens to vote.To the Editor:Lara Putnam and Micah L. Sifry nailed it in their guest essay on the serious shortcomings of Democratic Party reliance on “churn and burn” email fund-raising with apocalyptic messaging. My inbox has been swamped this year with emails from Democratic PACs and candidates around the country desperately begging for money to salvage the party’s chances in the coming election. Nancy Pelosi was sending me more than an email a day, many of which had that dispiriting tone.On May 19, I finally unsubscribed to her Nancy Pelosi for Congress PAC, and sent her an email setting forth my reasons: Too much hyperbole (for example, “I critically need 3,372 gifts before midnight” was a constant refrain; there didn’t seem to be a midnight that went by that wasn’t a crucial financing deadline); too much emotion (she was shocked, disgusted, devastated); and, most troubling, too desperate.As I explained in my email, that sense of desperation “signals likely failure and has discouraged me from devoting my time and financial resources in the Democratic midterm election effort.”By contrast, the fund-raising emails I have received from President Biden have been more upbeat, and I have responded by making contributions to the Democratic National Committee. Democrats need to shift quickly from their current desperation-tinged tone to a more confident approach, with emphasis on the president’s and the party’s positive accomplishments.Allan HubbardEverett, Wash.To the Editor:The grass isn’t any greener on the other side of the aisle. My spam folder is full of similarly apocalyptic visions of what the “Biden/Pelosi/Schumer” troika will inflict on America should Republicans not sweep to congressional power in November. It’s easy enough to just hit “delete.”What is more concerning (for both red and blue voters) is that none of these desperate and destructive pleas are for anything other than money. No information on how to get more involved in the process. No links to more dispassionate discussions of the issues. Just unwarranted demonization of some of our fellow citizens via bolded adjectives and lots of exclamation marks. We can do better.Peter J. PittsNew YorkTo the Editor:Buried in the unfortunate tone of the guest essay are many points that we can agree on. Locally led conversations about elections are extremely powerful and strengthen our democracy. It is, however, a false dichotomy to say we must choose between these important local efforts and the participation of other activists in remote voter mobilization techniques. We can and must do both.Lara Putnam and Micah L. Sifry cherry-pick a study reporting a negative impact of sending postcards to voters. However, many more studies show a positive impact of between 0.4 and 2 percent. While these are small impacts, they are sufficient to make a difference in close elections.Campaigns generally do not have the capacity to knock on every door, especially in rural areas. Not all voters will be home when a canvasser shows up, and not all will answer a phone call. An all-of-the-above approach helps ensure that as many people as possible participate in our democracy.Ronnie CohenBerkeley, Calif.The writer is executive director of Activate America.Republican Outrage Over the Raid at Mar-a-LagoF.B.I. agents reportedly searched former President Donald J. Trump’s residence and office, as a well as a storage unit, at his Mar-a-Lago estate in Palm Beach, Fla.Saul Martinez for The New York TimesTo the Editor:Re “A Simmering Feud Peaks in a Search of Trump’s Home” (front page, Aug. 10):Surely if former President Barack Obama had left the White House and taken with him government documents, some of which may have been classified and all of which should have been delivered to the National Archives, the Republicans would have raised holy hell. But, of course, when a Republican former president does the same they sing a different tune.As that former president often says, “so sad.”Samuel A. OppenheimFranklin, Mass.To the Editor:Republican politicians and Fox News are outraged over the Justice Department raid of Donald Trump’s home and are demanding that the department explain why it did this. What they fail to mention is that Mr. Trump received a copy of the search warrant and an inventory of what was taken. If this was an outrageous intrusion, Mr. Trump could disclose the purpose of the search warrant and what was taken.Mr. Trump has already turned over 15 boxes that were wrongfully removed from the White House, implicitly indicating that this was all he originally removed. If the dozen or so boxes that were seized on Monday should have been turned over earlier, this is a clear indication that Mr. Trump knowingly broke the law.Charles W. MurdockChicagoThe writer is a professor at Loyola University Chicago School of Law.‘Willful Ignorance’ and the Alex Jones Case Pool photo by Briana SanchezTo the Editor:As a longtime Newtown resident and the husband of a retired Sandy Hook Elementary School teacher, I followed the defamation suit against Alex Jones closely. I largely agree with the sentiments expressed in “Jones Got His Comeuppance, but Don’t Expect an End to the Lies” (front page, Aug. 7).Throughout history, groups have proved their allegiance to a political/cultural movement by adhering to bizarre and clearly false claims of their leaders. Blood libels. AIDS as a bioweapon. Pizzagate.Individuals adhering to the ideology of a political/cultural/fringe group will knowingly embrace outright falsehoods to further prove their allegiance. The wilder the conspiracy, the greater the sense of belonging. Willful ignorance: the team jersey of today.Steven TenenbaumNewtown, Conn. More

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      The F.B.I. Search of Trump’s Home Has No Precedent. It’s a Risky Gamble.

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      The search of former President Donald J. Trump’s Mar-a-Lago estate is a high-risk gamble by the Justice Department, but Mr. Trump faces risks of his own.WASHINGTON — The fight between former President Donald J. Trump and the National Archives that burst into the open when F.B.I. agents searched Mr. Trump’s Palm Beach estate has no precedent in American presidential history.It was also a high-risk gamble by Attorney General Merrick B. Garland that the law enforcement operation at Mar-a-Lago, the former president’s sprawling home in Florida, will stand up to accusations that the Justice Department is pursuing a political vendetta against President Biden’s opponent in 2020 — and a likely rival in 2024.Mr. Trump’s demonization of the F.B.I. and the Justice Department during his four years in office, designed to undermine the legitimacy of the country’s law enforcement institutions even as they pursued charges against him, has made it even more difficult for Mr. Garland to investigate Mr. Trump without a backlash from the former president’s supporters.The decision to order Monday’s search put the Justice Department’s credibility on the line months before congressional elections this fall and as the country remains deeply polarized. For Mr. Garland, the pressure to justify the F.B.I.’s actions will be intense. And if the search for classified documents does not end up producing significant evidence of a crime, the event could be relegated by history to serve as another example of a move against Mr. Trump that backfired.Mr. Trump faces risks of his own in rushing to criticize Mr. Garland and the F.B.I., as he did during the search on Monday, when he called the operation “an assault that could only take place in broken, Third-World Countries.” Mr. Trump no longer has the protections provided by the presidency, and he would be far more vulnerable if he were found to have mishandled highly classified information that threatens the nation’s national security.A number of historians said that the search, though extraordinary, seemed appropriate for a president who flagrantly flouted the law, refuses to concede defeat and helped orchestrate an effort to overturn the 2020 election.“In an atmosphere like this, you have to assume that the attorney general did not do this casually,” said Michael Beschloss, a veteran presidential historian. “And therefore the criminal suspicions — we don’t know yet exactly what they are — they have to be fairly serious.”The search of Mar-a-Lago put the Justice Department’s credibility on the line months before congressional elections.Saul Martinez for The New York TimesIn Mr. Trump’s case, archivists at the National Archives discovered earlier this year that the former president had taken classified documents from the White House after his defeat, leading federal authorities to begin an investigation. They eventually sought a search warrant from a judge to determine what remained in the former president’s custody.Key details remain secret, including what the F.B.I. was looking for and why the authorities felt the need to conduct a surprise search after months of legal wrangling between the government and lawyers for Mr. Trump.The search happened as angry voices on the far-right fringe of American politics are talking about another Civil War, and as more mainstream Republicans are threatening retribution if they take power in Congress in the fall. Representative Kevin McCarthy of California, the Republican leader in the House, warned Mr. Garland to preserve documents and clear his calendar.“This puts our political culture on a kind of emergency alert mode,” said Douglas Brinkley, a presidential historian at Rice University. “It’s like turning over the apple cart of American politics.”Critics of Mr. Trump said it was no surprise that a president who shattered legal and procedural norms while he was in the Oval Office would now find himself at the center of a classified documents dispute. More

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      Call Logs Underscore Trump’s Efforts to Sway Lawmakers on Jan. 6

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      New details from White House documents provided to the House panel investigating the Capitol assault show a 7-hour gap in records of calls made by the former president on the day of the riot.WASHINGTON — As part of his frenzied attempt to cling to power, President Donald J. Trump reached out repeatedly to members of Congress on Jan. 6 both before and during the siege of the Capitol, according to White House call logs and evidence gathered by the House committee investigating the attack.The logs, reported earlier by The Washington Post and CBS and authenticated by The New York Times, indicated that Mr. Trump had called Republican members of Congress, including Senator Mitch McConnell of Kentucky, Senator Josh Hawley of Missouri and Representative Jim Jordan of Ohio, as he sought to pressure Vice President Mike Pence to reject electoral votes from several states.But the logs also have a large gap with no record of calls by Mr. Trump from critical hours when investigators know that he was making them. The call logs were among documents turned over by the National Archives to the House committee examining the Jan. 6 attack last year on the Capitol.The New York Times reported last month that the committee had discovered gaps in official White House telephone logs from the day of the riot. The Washington Post and CBS reported Tuesday that a gap in the phone logs amounted to seven hours and 37 minutes, including the period when the building was being assaulted.Investigators have not uncovered evidence that any of the call logs were tampered with or deleted. It is well known that Mr. Trump routinely used his personal cellphone, and those of his aides, to talk with other aides, congressional allies and outside confidants, bypassing the normal channels of presidential communication and possibly explaining why the calls were not logged.The logs appear to have captured calls that were routed through the White House switchboard. Three former officials who worked under Mr. Trump said that he mostly used the switchboard operator for outgoing calls when he was in the residence. He would occasionally use it from the Oval Office, the former officials said, but more often he would make calls through the assistants sitting outside the office, as well as from his cellphone or an aide’s cellphone. The assistants were supposed to keep records of the calls, but officials said the record-keeping was not thorough.People trying to reach Mr. Trump sometimes called the cellphone of Dan Scavino Jr., the former deputy chief of staff and omnipresent aide, one of the former officials said. (The House committee investigating the attack recommended Monday evening that Mr. Scavino be charged with criminal contempt of Congress for refusing to cooperate with a subpoena from the panel.)But the call logs nevertheless show how personally involved Mr. Trump was in his last-ditch attempt to stay in office.One of the calls made by Mr. Trump on Jan. 6, 2021 — at 9:16 a.m. — was to Mitch McConnell of Kentucky, the Senate’s top Republican, who refused to go along with Mr. Trump’s pressure campaign. Mr. Trump checked with the White House switchboard operator at 10:40 a.m. to make sure a message had been left for Mr. McConnell.Mr. McConnell declined to return the president’s calls, he told reporters on Tuesday.“The last time I spoke to the president was the day after the Electoral College declared President Biden the winner,” Mr. McConnell said. “I publicly congratulated President Biden on his victory and received a phone call after that from President Trump and that’s the last time we’ve spoke.”The logs also show Mr. Trump reached out on the morning of Jan. 6 to Mr. Jordan, who had been among those members of Congress organizing objections to Mr. Biden’s election on the House floor.The logs show Mr. Trump and Mr. Jordan spoke from 9:24 a.m. to 9:34 a.m. Mr. Jordan has acknowledged speaking with Mr. Trump on Jan. 6, though he has said he cannot remember how many times they spoke that day or when the calls occurred.Mr. Trump called Mr. Hawley at 9:39 a.m., and Mr. Hawley returned his phone call. A spokesman for Mr. Hawley said Tuesday that the two men did not connect and did not speak until March. Mr. Hawley had been the first senator to announce he would object to President Biden’s victory, and continued his objections even after rioters stormed the building and other senators backed off the plan.The logs also show that Mr. Trump spoke from 11:04 a.m. to 11:06 a.m. with former Senator David Perdue, Republican of Georgia, who had recently lost his re-election campaign to Senator Jon Ossoff.A spokesman for Senator Bill Hagerty, Republican of Tennessee, confirmed he had called Mr. Trump on Jan. 6 but said they did not connect. Mr. Hagerty declined to comment.Despite the lack of call records from the White House, the committee has learned that Mr. Trump spoke on the phone with other Republican lawmakers on the morning of Jan. 6.For instance, Mr. Trump mistakenly called the phone of Senator Mike Lee, Republican of Utah, thinking it was the number of Senator Tommy Tuberville, Republican of Alabama. Mr. Lee then passed the phone to Mr. Tuberville, who said he had spoken to Mr. Trump for less than 10 minutes as rioters were breaking into the building.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 4Trump’s tweet. More

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      Biden ordena que se entreguen los registros de visitantes de Trump al Congreso

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      El presidente de EE. UU. informó a los Archivos Nacionales que deben entregar los registros solicitados por el comité del 6 de enero, que investiga el ataque contra el Capitolio, dentro de los próximos 15 días.El presidente de Estados Unidos, Joe Biden, ordenó a los Archivos Nacionales que entregaran una variedad de registros de visitantes de la Casa Blanca del expresidente Donald Trump al comité de la Cámara de Representantes que investiga el ataque al Capitolio del 6 de enero, con lo que rechaza el argumento de su predecesor de que el material está protegido por privilegio ejecutivo.La decisión impulsa los esfuerzos del comité para recopilar información sobre quién entraba y salía de la Casa Blanca, no solo el día del año pasado en el que ocurrió el ataque, sino también en los meses anteriores, cuando Trump buscaba anular la elección.El año pasado, Biden tomó una decisión similar al no apoyar el reclamo de privilegio ejecutivo de Trump sobre otros documentos y registros de la Casa Blanca que solicitó el comité. Trump acudió a un tribunal federal para bloquear la liberación de esos registros anteriores, pero perdió.En una carta enviada el martes a los Archivos Nacionales, la abogada de Biden en la Casa Blanca, Dana Remus, dijo que Biden rechazó las afirmaciones de Trump de que los registros de visitantes estaban sujetos al privilegio ejecutivo y que “en vista de la urgencia” del trabajo del comité, los archivos debían proporcionar los documentos en los próximos 15 días.El Archivista de Estados Unidos, David Ferriero, aseguró en una carta dirigida a Trump el miércoles que, a menos que lo prohíba un tribunal, los Archivos Nacionales entregarían los registros al comité el 3 de marzo.Trump no respondió públicamente y no está claro si volverá a acudir a los tribunales para intentar impedir o retrasar la publicación de los registros de visitantes.En parte refiriéndose al mismo razonamiento que en el caso anterior, Remus le dijo a los Archivos Nacionales que los documentos debían divulgarse de manera oportuna porque “el Congreso tiene una necesidad apremiante”. La funcionaria dijo que “las protecciones constitucionales del privilegio ejecutivo no deben usarse para ocultar, del Congreso o del público, la información que refleje un esfuerzo claro y aparente para subvertir la Constitución misma”.No hay claridad sobre qué es lo que pueden mostrar los registros de visitantes o qué tan extensos y completos están: la Casa Blanca de Trump incumplía rutinariamente las leyes federales sobre el modo de mantener los registros diseñados para documentar las actividades diarias del presidente y con quién se reunía.El año pasado, el comité solicitó una serie de documentos que podrían incluir información de registro de visitantes sobre más de una decena de confidentes de Trump que podrían haber ido a la Casa Blanca entre abril de 2020 y el 20 de enero de 2021, cuando Trump dejó el cargo. Entre esos confidentes se encontraban figuras como Michael T. Flynn, exasesor de Seguridad Nacional de Trump; Roger Stone, antiguo asesor de Trump, y Enrique Tarrio, el líder de los Proud Boys.En la carta, Remus se rehusó a decir qué materiales específicos se entregarían, y solo reveló que en este caso los documentos “son entradas en los registros de visitantes que muestran información de citas para personas que siguieron el proceso para ingresar al complejo de la Casa Blanca, incluido el 6 de enero de 2021”.El comité de la Cámara de Representantes ha solicitado una gran variedad de materiales de la Casa Blanca de Trump en relación con el ataque del 6 de enero y los esfuerzos de Trump por permanecer en el cargo después de su derrota electoral. El comité está tratando de crear un relato definitivo de ese momento y está considerando si debe remitir sus hallazgos al Departamento de Justicia, una manera de crear presión para un posible proceso penal.La respuesta de Remus parecía indicar que Biden no haría valer el privilegio ejecutivo sobre ningún registro de visitantes que concerniera a los aspectos sobre los que el comité quiere saber más.Entre esas líneas de investigación están: la campaña de presión sobre el vicepresidente Mike Pence para retrasar la certificación del recuento del Colegio Electoral el 6 de enero, el plan para presentar listas alternativas de electores de Trump en los estados que perdió, el esquema considerado por Trump para confiscar máquinas de votación y los diversos procesos legales presentados por Trump y sus seguidores.En el gobierno de Biden y durante la gestión de Barack Obama, la Casa Blanca ha hecho públicos sus registros de visitantes, una medida que los defensores de la transparencia gubernamental han dicho que le da al público una mejor idea de quién tiene una conexión directa con los funcionarios más poderosos del país.Pero el gobierno de Trump anunció en abril de 2017 que esos registros deberían permanecer en secreto debido a “los graves riesgos de seguridad nacional y las preocupaciones por la privacidad de los cientos de miles de visitantes al año”. Como se impidió su divulgación, resultó mucho más difícil determinar qué donantes, cabilderos y activistas tenían acceso a Trump y sus colaboradores.En su carta a los Archivos Nacionales, Remus señaló que “la mayoría de los registros a los que el expresidente impuso el privilegio ejecutivo se harán públicos bajo” la gestión de Biden.La Casa Blanca al anochecer del 6 de enero de 2021. No se sabe cuál es la información del registro de visitas de ese día, y de ese periodo, o cuán extensos y completos son los datos que se registraron.Joshua Roberts/Getty ImagesEn las últimas semanas, los investigadores del comité han logrado algunos avances para determinar lo que Trump estaba haciendo en la Casa Blanca el 6 de enero de 2021 y quién lo visitó.Key Developments in the Jan. 6 InvestigationCard 1 of 3Piecing the evidence together. More

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      Biden Rejects Trump’s Claim of Privilege for White House Visitor Logs

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      The president informed the National Archives that it should turn over the logs sought by the Jan. 6 committee within 15 days.President Biden is opposing another effort by former President Donald J. Trump to withhold information from the House committee investigating the Jan. 6 attack on the Capitol, ordering the National Archives to hand over White House visitor logs the committee is seeking.In a letter to the National Archives, Mr. Biden’s White House counsel, Dana Remus, said Mr. Biden had rejected Mr. Trump’s claims that the visitor logs were subject to executive privilege and that “in light of the urgency” of the committee’s work, the agency should provide the material to the committee within 15 days.Mr. Biden had similarly decided last year not to support Mr. Trump’s claim of executive privilege over other batches of White House documents and records sought by the committee. Mr. Trump went to federal court to block the release of those earlier batches but lost.Citing in part the same reasoning as in the earlier case, Ms. Remus told the National Archives that the documents needed to be disclosed in a timely fashion because “Congress has a compelling need.” She said that “constitutional protections of executive privilege should not be used to shield, from Congress or the public, information that reflects a clear and apparent effort to subvert the Constitution itself.”It is unclear whether Mr. Trump will go to court again in an attempt to block or slow the release of the visitor logs.The White House sent the letter to David S. Ferriero, the archivist of the United States, on Tuesday, and planned to inform Mr. Trump’s lawyers on Wednesday morning. The New York Times obtained a copy of the letter.It is not clear what the visitor logs might show or how extensive and complete they are. In the letter, Ms. Remus said the records in this case “are entries in visitor logs showing appointment information for individuals who were processed to enter the White House complex, including on Jan. 6, 2021.”Under Mr. Biden and under President Barack Obama, the White House has made its visitor logs public, a move that proponents of government transparency have long said gives the public a greater sense of who has a direct pipeline to the country’s most powerful officials.But the Trump administration said in April 2017 that such logs should remain secret because of “the grave national security risks and privacy concerns of the hundreds of thousands of visitors annually.” Barring their disclosure made it far harder to determine which donors, lobbyists and activists had access to Mr. Trump and aides.In her letter to the National Archives, Ms. Remus pointed out that “the majority of the entries over which the former president has asserted executive privilege would be publicly released under” Mr. Biden’s policy.The White House at dusk on Jan. 6, 2021. It is not clear what the visitor logs from that day and the period around it might show or how extensive and complete they are. Joshua Roberts/Getty ImagesCommittee investigators have made some progress in recent weeks putting together a better portrait of what Mr. Trump was doing inside the White House on Jan. 6, 2021, and who visited with him. In doing so, they have relied in part on lower-level staff members and Trump White House documents. Mr. Trump watched the protests from the West Wing on television, and according to letters released by the committee, initially refused pleas from aides to intervene to stop the crowd.Through testimony, the committee has learned that White House aides asked one of Mr. Trump’s daughters, Ivanka, “to intervene in an attempt to persuade President Trump to address the ongoing lawlessness and violence on Capitol Hill,” according to a letter the committee sent Ms. Trump last month requesting she sit for questioning.Key Developments in the Jan. 6 InvestigationCard 1 of 3Piecing the evidence together. More

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      Archives Found Possible Classified Material in Boxes Returned by Trump

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      The National Archives consulted with the Justice Department about the discovery after the former president sent back documents that he had improperly taken from the White House when he left office.The National Archives and Records Administration discovered what it believed was classified information in documents Donald J. Trump had taken with him from the White House as he left office, according to a person briefed on the matter.The discovery, which occurred after Mr. Trump returned 15 boxes of documents to the government last month, prompted the National Archives to reach out to the Justice Department for guidance, the person said. The department told the National Archives to have its inspector general examine the matter, the person said.It is unclear what the inspector general has done since then, in particular, whether the inspector general has referred the matter to the Justice Department.An inspector general is required to alert the Justice Department to the discovery of any classified materials that were found outside authorized government channels.Making a referral to the Justice Department would put senior officials in the position of having to decide whether to open an investigation, a scenario that would thrust the department into a highly contentious political matter.The Washington Post reported on Wednesday that the National Archives had asked the Justice Department to examine Mr. Trump’s handling of White House records.Officials with the National Archives did not respond to messages seeking comment.In January, after a lengthy back and forth between Mr. Trump’s lawyers and the National Archives, Mr. Trump handed over more than a dozen boxes of materials, including documents, mementos, gifts and letters. Among the documents were the original versions of a letter that former President Barack Obama had left for Mr. Trump when he was first sworn in, and letters written to Mr. Trump by the North Korean leader, Kim Jong-un.Also included in the boxes was a map Mr. Trump famously drew on with a black Sharpie to demonstrate the track of Hurricane Dorian heading toward Alabama in 2019 to back up a declaration he had made on Twitter that contradicted weather forecasts.Mr. Trump in the Oval Office in September 2019. The map of a storm appears to have been altered with a marker to show Hurricane Dorian headed for Alabama.Erin Schaff/The New York TimesThe boxes had originally been sent to Mar-a-Lago from the White House residence, where a range of items — including clothes — were hastily packed up in Mr. Trump’s final days in office. Legally, Mr. Trump was required to leave the documents, letters and gifts in the custody of the federal government so the National Archives could store them.After the F.B.I., during the 2016 presidential campaign, investigated Hillary Clinton’s handling of classified material while she was secretary of state, Mr. Trump assailed her, helping make the issue pivotal in the outcome of that race. In that case, the intelligence community’s inspector general had made a national security referral to the F.B.I., prompting the investigation of Mrs. Clinton.But during Mr. Trump’s administration, top White House officials were deeply concerned about how little regard Mr. Trump showed for sensitive national security materials. John F. Kelly, the White House chief of staff, tried to stop classified documents from being taken out of the Oval Office and brought up to the residence because he was concerned about what Mr. Trump may do with them and how that may jeopardize national security.Similar to Mrs. Clinton, Mr. Trump’s son-in-law, Jared Kushner, and daughter Ivanka used personal email accounts for work purposes. And even after being warned by aides, Mr. Trump repeatedly ripped up government documents that had to be taped back together to prevent him from being accused of destroying federal property.Now Mr. Trump faces questions about his handling of classified information — a question that is complicated because as president he had the authority to declassify any government information. It is unclear whether Mr. Trump had declassified materials the National Archives discovered in the boxes before he left office. Under federal law, he no longer maintains the ability to declassify documents after leaving office.He invoked the power to declassify information several times as his administration publicly released materials that helped him politically, particularly on issues like the investigation into his campaign’s ties to Russia.Toward the end of the administration, Mr. Trump ripped pictures that intrigued him out of the President’s Daily Brief — a compendium of often classified information about potential national security threats — but it is unclear whether he took them to the residence with him. In one prominent example of how he dealt with classified material, Mr. Trump in 2019 took a highly classified spy satellite image of an Iranian missile launch site, declassified it and then released the photo on Twitter.If Mr. Trump was found to have taken materials with him that were still classified at the time he left the White House, prosecuting him would be extremely difficult and it would pit the Justice Department against Mr. Trump at a time when Attorney General Merrick B. Garland is trying to depoliticize the department.The department and the F.B.I. also still have significant scars from its investigation into whether Mrs. Clinton mishandled classified information, as the bureau was accused of unfairly tarnishing her and interfering in the 2016 election.Katie Benner More