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      Trump Expected to Appear in Court on Election Charges

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      The former president’s appearance before Magistrate Judge Moxila A. Upadhyaya on election subversion charges comes about six weeks after his arraignment over sensitive documents.Former President Donald J. Trump is expected to appear at 4 p.m. on Thursday in the U.S. federal courthouse at the foot of Capitol Hill, the site of a yearslong government effort to hold accountable those who tried to subvert democracy.Mr. Trump’s appearance before Moxila A. Upadhyaya, a federal magistrate judge, comes about six weeks after his arraignment in Miami on charges of mishandling government documents after he left the White House and seeking to block investigators.His second federal indictment is likely to follow a cadence similar to his first.The former president will fly down on his private jet from his golf club in Bedminster, N.J. He is expected to arrive between 3 and 4 p.m., at the E. Barrett Prettyman courthouse, the venue for dozens of trials stemming from the Jan. 6, 2021, attack on the Capitol.The U.S. Marshals Service, which is responsible for security inside federal courthouses, will escort him to an area where he will be booked for a third time this year. (He was arraigned in New York in the spring in connection with a hush-money payment to a pornographic actress before the 2016 election.)The sheriff in Fulton County, Ga., where another potential indictment connected to Mr. Trump’s efforts to undermine the 2020 election looms, has suggested that if Mr. Trump is charged, he will be processed like anybody else, mug shot and all. That will not happen on Thursday: The marshals did not photograph Mr. Trump in Miami, and they will not take his picture in Washington, according to a law enforcement official involved in the planning.But federal rules dictate that an accused person be reprocessed in each jurisdiction in which he or she faces charges, so Mr. Trump will have to be fingerprinted for a second time using an electronic scanning device. He is also expected to answer a series of intake questions that include personal details, such as his age.As of late Wednesday, there have been no credible threats of organized efforts to disrupt the proceedings, a senior federal law enforcement official said, although officials expect pro-Trump demonstrations and are on the lookout for individuals or small groups that may act violently.The level of security, both outside the building and inside, is likely to be among the most intense ever deployed at a federal courthouse, officials said.Federal law enforcement agencies are coordinating with the city’s Metropolitan Police Department to guard the building and to block off some of the surrounding streets.And the courtroom itself will be packed with security. Mr. Trump, as always, will be accompanied by his Secret Service detail. The marshals will be present to protect the judge and the special counsel Jack Smith should he attend the hearing, as he did in Miami.The hearing should be relatively straightforward.Mr. Trump will be asked to enter a plea — what many anticipate will be not guilty — in response to the four-count indictment unsealed on Tuesday.Then the government will be asked to present conditions for his release.In the Florida case, government officials requested no bail and no restrictions on his travel, acknowledging his status as a leading candidate for the 2024 presidential Republican nomination.There are no indications that they plan to change their request this time.But there might be a wrinkle or two. In Miami, the magistrate judge, Jonathan Goodman, amended the bond deal reached between the two sides because it did not include restrictions on Mr. Trump’s contact with potential witnesses and his co-defendant Walt Nauta, who continues to work for him in some capacity.It is possible that Judge Upadhyaya might have a similar issue with some element of Mr. Trump’s new bond agreement, or she might simply hand off the case to the assigned trial judge, Tanya Chutkan, a President Obama appointee.The Trump side of the courtroom could be more of a wild card.The former president and his allies have accused Mr. Biden, Attorney General Merrick B. Garland and Mr. Smith, without evidence, of conspiring to destroy his chances of re-election by weaponizing federal law enforcement against him. And his team has made it clear that it does not think it can get a fair trial in Washington, an overwhelmingly Democratic city.One of Mr. Trump’s lawyers, John Lauro, suggested on Wednesday that the trial be moved to a nearby state, with a friendlier and more conservative electorate.“Well, there’s other options — West Virginia is close by,” he told CBS.The most consequential decisions, however, will be made in the coming weeks, after Judge Chutkan takes over. District court judges in Washington have been inundated by so many Jan. 6 cases (more than 1,000 people have been charged) that their calendars are often booked for months and, in some cases, more than a year in advance.Mr. Smith has called for a “speedy trial,” presumably before the election. It remains to be seen if the judge will accommodate that timetable.Mr. Lauro, speaking to another interviewer on Wednesday, suggested it would be more fair to give Mr. Trump “years” to prepare his defense.“Why don’t we make it equal?” he told NBC’s Savannah Guthrie. “The bottom line is that they have 60 federal agents working on this, 60 lawyers, all kinds of government personnel. And we get this indictment, and they want to go to trial in 90 days? Does that sound like justice to you?” More

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      Trump Prepares to Make Familiar Trip to Courthouse, This Time in Washington

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      The former president’s appearance before Magistrate Judge Moxila A. Upadhyaya on election subversion charges comes about six weeks after his arraignment over sensitive documents.Former President Donald J. Trump is expected to appear at 4 p.m. on Thursday in the U.S. federal courthouse at the foot of Capitol Hill, the site of a yearslong government effort to hold accountable those who tried to subvert democracy.Mr. Trump’s appearance before Moxila A. Upadhyaya, a federal magistrate judge, comes about six weeks after his arraignment in Miami on charges of mishandling government documents after he left the White House and seeking to block investigators.His second federal indictment is likely to follow a cadence similar to his first.The former president will fly down on his private jet from his golf club in Bedminster, N.J. He is expected to arrive between 3 and 4 p.m., at the E. Barrett Prettyman courthouse, the venue for dozens of trials stemming from the Jan. 6, 2021, attack on the Capitol.The U.S. Marshals Service, which is responsible for security inside federal courthouses, will escort him to an area where he will be booked for a third time this year. (He was arraigned in New York in the spring in connection with a hush-money payment to a pornographic actress before the 2016 election.)The sheriff in Fulton County, Ga., where another potential indictment connected to Mr. Trump’s efforts to undermine the 2020 election looms, has suggested that if Mr. Trump is charged, he will be processed like anybody else, mug shot and all. That will not happen on Thursday: The marshals did not photograph Mr. Trump in Miami, and they will not take his picture in Washington, according to a law enforcement official involved in the planning.But federal rules dictate that an accused person be reprocessed in each jurisdiction in which he or she faces charges, so Mr. Trump will have to be fingerprinted for a second time using an electronic scanning device. He is also expected to answer a series of intake questions that include personal details, such as his age.As of late Wednesday, there have been no credible threats of organized efforts to disrupt the proceedings, a senior federal law enforcement official said, although officials expect pro-Trump demonstrations and are on the lookout for individuals or small groups that may act violently.The level of security, both outside the building and inside, is likely to be among the most intense ever deployed at a federal courthouse, officials said.Federal law enforcement agencies are coordinating with the city’s Metropolitan Police Department to guard the building and to block off some of the surrounding streets.And the courtroom itself will be packed with security. Mr. Trump, as always, will be accompanied by his Secret Service detail. The marshals will be present to protect the judge and the special counsel Jack Smith should he attend the hearing, as he did in Miami.The hearing should be relatively straightforward.Mr. Trump will be asked to enter a plea — what many anticipate will be not guilty — in response to the four-count indictment unsealed on Tuesday.Then the government will be asked to present conditions for his release.In the Florida case, government officials requested no bail and no restrictions on his travel, acknowledging his status as a leading candidate for the 2024 presidential Republican nomination.There are no indications that they plan to change their request this time.But there might be a wrinkle or two. In Miami, the magistrate judge, Jonathan Goodman, amended the bond deal reached between the two sides because it did not include restrictions on Mr. Trump’s contact with potential witnesses and his co-defendant Walt Nauta, who continues to work for him in some capacity.It is possible that Judge Upadhyaya might have a similar issue with some element of Mr. Trump’s new bond agreement, or she might simply hand off the case to the assigned trial judge, Tanya Chutkan, a President Obama appointee.The Trump side of the courtroom could be more of a wild card.The former president and his allies have accused Mr. Biden, Attorney General Merrick B. Garland and Mr. Smith, without evidence, of conspiring to destroy his chances of re-election by weaponizing federal law enforcement against him. And his team has made it clear that it does not think it can get a fair trial in Washington, an overwhelmingly Democratic city.One of Mr. Trump’s lawyers, John Lauro, suggested on Wednesday that the trial be moved to a nearby state, with a friendlier and more conservative electorate.“Well, there’s other options — West Virginia is close by,” he told CBS.The most consequential decisions, however, will be made in the coming weeks, after Judge Chutkan takes over. District court judges in Washington have been inundated by so many Jan. 6 cases (more than 1,000 people have been charged) that their calendars are often booked for months and, in some cases, more than a year in advance.Mr. Smith has called for a “speedy trial,” presumably before the election. It remains to be seen if the judge will accommodate that timetable.Mr. Lauro, speaking to another interviewer on Wednesday, suggested it would be more fair to give Mr. Trump “years” to prepare his defense.“Why don’t we make it equal?” he told NBC’s Savannah Guthrie. “The bottom line is that they have 60 federal agents working on this, 60 lawyers, all kinds of government personnel. And we get this indictment, and they want to go to trial in 90 days? Does that sound like justice to you?” More

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      Verificación de la defensa de Trump en el caso de los documentos clasificados

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      El expresidente hizo comparaciones inexactas con otros políticos, tergiversó el proceso de clasificación y lanzó ataques con imprecisiones contra funcionarios.Horas después de declararse no culpable ante un tribunal federal en Miami por los cargos relacionados con su manejo de documentos clasificados, el expresidente Donald Trump defendió su conducta el 13 de junio con una serie de falsedades ya conocidas.En su club de golf en Bedminster, Nueva Jersey, Trump hizo comparaciones engañosas con otros personajes políticos, malinterpretó el proceso de clasificación y lanzó ataques con imprecisiones contra funcionarios.Aquí ofrecemos una verificación de datos de los argumentos de Trump sobre la investigación.Lo que dijo Trump“Amenazarme con 400 años en la cárcel por tener en mi poder mis propios documentos presidenciales, que es lo que prácticamente todos los presidentes han hecho, es una de las teorías legales más ofensivas y agresivas presentadas en la historia ante un tribunal estadounidense”.Falso. La Ley de Registros Presidenciales de 1978, que rige la conservación y retención de registros oficiales de los expresidentes, le da a la Administración Nacional de Archivos y Registros (NARA, por su sigla en inglés) total propiedad y control sobre los registros presidenciales. La legislación, que hace una distinción clara entre registros oficiales y documentos personales, se ha aplicado a todos los presidentes desde Ronald Reagan.La agencia señaló que “asumió la custodia física y legal de los registros presidenciales de las gestiones de Barack Obama, George W. Bush, Bill Clinton, George H. W. Bush y Ronald Reagan cuando esos presidentes abandonaron el cargo”.De manera independiente, después de que Trump en repetidas ocasiones y engañosamente comparó su manejo de registros con el de su predecesor inmediato, la Administración Nacional de Archivos indicó en un comunicado que Barack Obama entregó sus documentos, tanto los clasificados como los que no lo estaban, de conformidad con la ley. La agencia también afirmó no estar al tanto de que se haya perdido alguna caja de registros presidenciales del gobierno de Obama.Lo que dijo Trump“El presidente toma la decisión de separar materiales personales de los registros presidenciales durante su mandato, y bajo su entera discreción”.Falso. La Ley de Registros Presidenciales distingue qué constituye material personal (como diarios o documentos de campañas políticas) y qué se clasifica como registros oficiales. No le da al presidente “discrecionalidad” para determinar qué es un registro personal y qué no lo es. Según la ley, el presidente saliente debe separar los documentos personales de los registros oficiales antes de abandonar el cargo.Agentes del FBI realizaron una búsqueda en el inmueble de Mar-a-Lago de Trump en agosto, más de un año después de que el abogado general de la NARA solicitó que se recuperaran materiales y tras meses de reiteradas consultas de funcionarios de la agencia y el Departamento de Justicia.Lo que dijo Trump“Se suponía que debía negociar con la NARA, que es exactamente lo que estaba haciendo hasta la redada en Mar-a-Lago organizada por agentes armados del FBI”.Falso. La Ley de Registros Presidenciales no establece un proceso de negociación entre el presidente y la NARA. La búsqueda realizada en la residencia de Trump en Florida, autorizada por los tribunales, ocurrió después de que se opuso en repetidas ocasiones a responder a las solicitudes del gobierno para que devolviera el material, incluso después de recibir una citación.Lo que dijo Trump“Biden envió 1850 cajas a la Universidad de Delaware, lo que dificultó la búsqueda, independientemente de quién la realizara. Se niega a entregarlas y se niega a permitir siquiera que alguien las vea, y luego dicen que se comporta con gran amabilidad”.Esta afirmación es engañosa. En 2012, Joe Biden le donó a la Universidad de Delaware 1850 cajas de documentos de la época en que fungió como senador del estado desde 1973 hasta 2009. A diferencia de los documentos presidenciales, que deben entregarse a la NARA al término del mandato del presidente, los documentos de los miembros del Congreso no están cubiertos por la Ley de Registros Presidenciales. Es común que los senadores y representantes les donen esos artículos a universidades, institutos de investigación o instalaciones históricas.La Universidad de Delaware convino en no darle acceso al público a los documentos de la época de Biden como senador hasta dos años después de su retiro de la vida pública. Pero el FBI sí revisó la colección en febrero como parte de una investigación independiente sobre el manejo de Biden de los documentos de gobierno y en colaboración con su equipo legal. The New York Times informó, en su momento, que continuaba el análisis del material y que todo parecía indicar que no contenía documentos clasificados.Lo que dijo Trump“Cuando la descubrieron, Hillary borró y ‘lavó con ácido’. Nadie hace eso, por los costos involucrados, pero es muy concluyente. Treinta y tres mil correos electrónicos en desafío a una citación del Congreso que ya se había emitido. La citación estaba ahí y ella decidió borrar, lavar con ácido y luego aplastar y destruir sus teléfonos celulares con un martillo. Y luego dicen que yo participé en una obstrucción”.Este es un argumento engañoso. Existen varias diferencias clave entre el caso de Trump y el uso por parte de Hillary Clinton de un servidor de correo electrónico privado cuando era secretaria de Estado, que Trump también describió de manera imprecisa.Una diferencia crucial es que varias investigaciones oficiales han concluido que Clinton no manejó indebidamente material clasificado de manera sistemática o deliberada, además de que un informe preparado en 2018 por el inspector general respaldó la decisión del FBI de no presentar cargos contra Clinton.En cambio, a Trump se le acusa de haber manejado indebidamente documentos clasificados y obstruir varias acciones del gobierno con el propósito de recuperarlos, así como de hacer declaraciones falsas ante algunos funcionarios. La acusación formal permitió tener acceso la semana pasada a fotografías de documentos guardados, en algunos casos, de manera veleidosa, como cajas apiladas en una regadera y otras en el escenario de un salón de baile frecuentado por visitantes.Según la investigación del FBI sobre el asunto, los abogados de Clinton le proporcionaron al Departamento de Estado en 2014 alrededor de 30.000 correos electrónicos relacionados con el trabajo y le ordenaron a un empleado que borrara todos los correos electrónicos personales de más de 60 días de antigüedad. En 2015, después de que el Times dio la noticia de que Clinton había usado una cuenta personal de correo electrónico, el comité de la Cámara de Representantes liderado por republicanos que estaba a cargo de la investigación de los ataques de 2012 contra puestos de avanzada estadounidenses en Bengasi, Libia, envió una citación en la que solicitaba todos los correos electrónicos de esa cuenta relacionados con Libia.Ese mismo mes, un empleado de la empresa que administraba el servidor de Clinton se percató de que en realidad no había borrado los correos electrónicos personales como se le pidió en 2014. Entonces procedió a aplicar un programa de software gratuito llamado BleachBit —no ácido real ni ningún otro compuesto químico— para borrar alrededor de 30.000 correos electrónicos personales.El FBI encontró miles de correos electrónicos adicionales relacionados con el trabajo que Clinton no le entregó al Departamento de Estado, pero James Comey, quien era director de la agencia en ese momento, declaró que no había “evidencia de que los correos electrónicos adicionales relacionados con el trabajo se hubieran borrado intencionalmente con el fin de ocultarlos”.Lo más seguro es que Clinton esté en desacuerdo con la aseveración de Trump de que el FBI y el Departamento de Justicia la “protegieron”, pues ha dicho que las acciones de Comey, junto con la interferencia rusa, le costaron las elecciones de 2016.Lo que dijo Trump“Por supuesto que exoneró a Mike Pence. Me da gusto. Mike no hizo nada malo, aunque tenía documentos clasificados en su casa. Pero lo exoneraron. Y el caso de Biden es otra cosa”.Esta afirmación es engañosa. Se encontraron documentos clasificados tanto en la casa del exvicepresidente Mike Pence en Indiana, en enero, como en la antigua oficina de Biden en un centro de investigación en Washington en noviembre y en su residencia de Delaware en enero. El Departamento de Justicia decidió no presentar cargos contra Pence; en cuanto a Biden, la investigación sobre su manejo de materiales está en proceso.Pero las diferencias entre esos casos y el de Trump son significativas, en particular en lo que respecta al volumen de documentos encontrados y la respuesta de Biden y de Pence.En la casa de Pence se encontró aproximadamente una decena de documentos marcados como clasificados. El FBI inspeccionó su casa en febrero, con su consentimiento, y encontró un documento clasificado más. No está claro cuántos documentos clasificados tenía en su posesión Biden, pero sus abogados han dicho que se encontró “un pequeño número” en su antigua oficina y alrededor de media docena en su casa de Delaware.En contraste, Trump tenía “cientos” de documentos clasificados, según la acusación formal del Departamento de Justicia, en la que se indica que algunos de los registros contenían información sobre los programas nucleares del país y “posibles vulnerabilidades de Estados Unidos y sus aliados a ataques militares”. En total, el gobierno ha recuperado más de 300 archivos con marcas de clasificado de su casa y su club privado de Florida.Otra diferencia es que representantes de Pence y Biden han dicho que no se percataron de que habían conservado esos documentos y no tardaron en informar a la NARA cuando lo descubrieron. Además, ambos cooperaron con funcionarios del gobierno para devolver los documentos y, al parecer, cumplieron voluntariamente con la realización de búsquedas en sus propiedades.En contraste, Trump se opuso en repetidas ocasiones, durante meses, a las solicitudes de devolver materiales y, según se lee en la acusación formal, desempeñó un papel activo para ocultarles a los investigadores documentos clasificados. La NARA le informó a Trump en mayo de 2021 que faltaban ciertos documentos presidenciales. Algunos agentes recuperaron 15 cajas de Mar-a-Lago en enero de 2022, pero sospechaban que todavía faltaban registros. Siete meses después, agentes del FBI registraron el inmueble de Florida y recuperaron más documentos.Lo que dijo Trump“A diferencia de mí, que contaba con total autoridad de desclasificación en mi carácter de presidente, Joe Biden, quien era vicepresidente, no tenía facultades para desclasificar y tampoco el derecho de tener en su posesión los documentos. No tenía ese derecho”.Esta afirmación es engañosa. Los vicepresidentes sí cuentan con facultades para desclasificar ciertos materiales, aunque el alcance de esas facultades no se ha cuestionado explícitamente ante los tribunales.Trump ha insistido en otras ocasiones en que contaba con facultades para desclasificar materiales sin necesidad de informarle a nadie. Existen procedimientos formales para levantar el secreto oficial de la información, pero el debate legal sobre si los presidentes deben cumplirlos no se ha resuelto, según el Colegio de Abogados de Estados Unidos y el Servicio de Investigación del Congreso, un organismo sin afiliación partidista. Un tribunal federal de apelaciones decidió en 2020 que “levantar el secreto oficial de materiales, incluso si lo hace el presidente, debe someterse a procedimientos establecidos”. No obstante, la Corte Suprema no ha emitido ningún fallo al respecto.De cualquier forma, cabe señalar que Trump siguió estos procedimientos con respecto a algunos documentos; por ejemplo, emitió un memorando el día previo al final de su mandato con el que desclasificó información relativa a la investigación del FBI sobre las relaciones de su campaña de 2016 con Rusia.Por otra parte, expertos legales han señalado que la clasificación de información sobre armas nucleares o “datos restringidos” se rige conforme a un marco legal totalmente distinto, la Ley de Energía Atómica. Esa ley no le otorga facultades explícitas al presidente para tomar la decisión unilateral de desclasificar secretos nucleares y establece un proceso estricto de desclasificación en el que participan varias agencias. No está claro si los documentos guardados en Mar-a-Lago incluían “datos restringidos”.Chris Cameron More

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      Fact Check: Trump’s Misleading Defenses in Classified Documents Case

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      The former president drew misleading comparisons to others, misconstrued the classification process and leveled inaccurate attacks at officials.Hours after pleading not guilty in a federal court in Miami to charges related to his handling of classified documents, former President Donald J. Trump defended his conduct on Tuesday with a string of familiar falsehoods.Appearing at his golf club in Bedminster, N.J., Mr. Trump drew misleading comparisons to other political figures, misconstrued the classification process and leveled inaccurate attacks at officials.Here’s a fact check of claims Mr. Trump made related to the inquiry.What Mr. Trump Said“Threatening me with 400 years in prison for possessing my own presidential papers, which just about every other president has done, is one of the most outrageous and vicious legal theories ever put forward in an American court of law.”False. The Presidential Records Act of 1978 governs the preservation and retention of official records of former presidents, and gives the National Archives and Records Administration complete ownership and control of presidential records. The law makes a distinction between official records and personal documents, and has applied to every president since Ronald Reagan.The agency has said that “it assumed physical and legal custody of the presidential records from the administrations of Barack Obama, George W. Bush, Bill Clinton, George H.W. Bush and Ronald Reagan, when those presidents left office.”Separately, after Mr. Trump repeatedly and misleadingly compared his handling of records to that of his immediate predecessor, the National Archives said in a statement that former President Barack Obama turned over his documents, classified and unclassified, as required by law. The agency has also said it is not aware of any missing boxes of presidential records from the Obama administration.What Mr. Trump Said“The decision to segregate personal materials from presidential records is made by the president during the president’s term and in the president’s sole discretion.”False. The Presidential Records Act defines what constitutes personal materials — such as diaries or political campaign documents — from official records. It does not give the president “sole discretion” in determining what is and is not a personal record. Under the law, a departing president is required to separate personal documents from official records before leaving office.F.B.I. agents searched Mr. Trump’s Mar-a-Lago estate in August, more than a year after the general counsel of the National Archives requested the recovery of the materials and after months of repeated inquiries from officials at the agency and at the Justice Department.What Mr. Trump Said“I was supposed to negotiate with NARA, which is exactly what I was doing until Mar-a-Lago was raided by gun-toting F.B.I. agents.”False. The Presidential Records Act does not establish a process of negotiation between the president and the archives. The court-approved search of Mr. Trump’s Florida residence unfolded after he repeatedly resisted the government’s requests that he return the material, even after being subpoenaed.What Mr. Trump Said“Biden sent 1,850 boxes to the University of Delaware, making the search very, very difficult for anybody. And he refuses to give them up and he refuses to let people even look at them, and then they say how he’s behaving so nicely.”This is misleading. Joseph R. Biden Jr. donated 1,850 boxes of documents to the University of Delaware in 2012 from his tenure as a senator representing the state from 1973 to 2009. Unlike presidential documents, which must be released to the archives once a president leaves office, documents from members of Congress are not covered by the Presidential Records Act. It is not uncommon for senators and representatives to give such items to colleges, research institutions or historical facilities.The University of Delaware agreed not to give the public access to Mr. Biden’s documents from his time as senator until two years after he retired from public life. But the F.B.I. did search the collection in February as part of a separate special counsel investigation into Mr. Biden’s handling of government documents and in cooperation with his legal team. The New York Times reported at the time that the material was still being analyzed but did not appear to contain any classified documents.What Mr. Trump Said“When caught, Hillary then deleted and acid-washed. Nobody does that because of the expense, but it’s pretty conclusive. Thirty-three thousand emails in defiance of a congressional subpoena already launched. The subpoena was there and she decided to delete, acid-wash and then smash and destroy her cellphones with a hammer. And then they say I participated in obstruction.”This is misleading. There are several key differences between Mr. Trump’s case and Hillary Clinton’s use of a private email server while she was secretary of state — which Mr. Trump also described inaccurately.Crucially, several official investigations have concluded that Mrs. Clinton did not systematically or deliberately mishandle classified material, and a 2018 inspector general report supported the F.B.I.’s decision not to charge Mrs. Clinton.In contrast, Mr. Trump is accused of mishandling classified documents and obstructing the government’s repeated efforts to recover them and making false statements to officials. The indictment unsealed last week featured photographs of documents stored in sometimes haphazard ways, including boxes stacked in a shower and others piled on the stage of a ballroom that guests frequented.According to the F.B.I.’s inquiry into the matter, Mrs. Clinton’s lawyers provided about 30,000 work-related emails to the State Department in 2014 and instructed an employee to remove all personal emails older than 60 days. In 2015, after The Times reported Mrs. Clinton’s use of a personal email account, a Republican-led House committee investigating the 2012 attacks on American outposts in Benghazi, Libya, sent a subpoena requesting all emails she had in that account related to Libya.That same month, an employee working for the company that managed Mrs. Clinton’s server realized he did not actually delete the personal emails as instructed in 2014. He then used a free software program called BleachBit — not actual acid or chemical compounds — to delete about 30,000 personal emails.The F.B.I. found thousands of additional work-related emails that Mrs. Clinton did not turn over to the State Department, but the director of the bureau at the time, James B. Comey, said it found “no evidence that any of the additional work-related emails were intentionally deleted in an effort to conceal them.”Mrs. Clinton would almost certainly disagree with Mr. Trump’s assertion that the F.B.I. and the Justice Department “protected” her, and has said that Mr. Comey’s actions as well as Russian interference cost her the 2016 election.What Mr. Trump Said“He totally exonerated Mike Pence. I’m happy about that. Mike did nothing wrong, but he happened to have classified documents in his house. But they exonerated him. And Biden is a different story.”This is misleading. Classified documents were found at former Vice President Mike Pence’s home in Indiana in January and President Biden’s former office at a Washington think tank in November and his Delaware residence in January. The Justice Department declined to pursue charges against Mr. Pence, and the investigation into Mr. Biden’s handling of materials is continuing.But those cases differ in several significant ways from Mr. Trump’s, particularly in the volume of documents found and in Mr. Pence’s and Mr. Biden’s response.About a dozen documents with classified markings were found at Mr. Pence’s home. The F.B.I. searched his home in February with his agreement and found one additional classified document. It is unclear how many classified documents were found in Mr. Biden’s possession, but his lawyers have said “a small number” were discovered at his former office and about a half-dozen at his Delaware home.In contrast, Mr. Trump stored “hundreds” of classified documents, according to the Justice Department’s indictment, which said some records included information about the country’s nuclear programs as well as “potential vulnerabilities of the United States and its allies to military attack.” In total, the government has retrieved more than 300 files with classified markings from his Florida home and private club.Representatives for Mr. Pence and Mr. Biden have said that they inadvertently kept those documents and quickly alerted the National Archives once they were discovered. Both men also cooperated with government officials in turning over the documents and appeared to have voluntarily complied with searches of their properties.In contrast, Mr. Trump repeatedly defied requests to return materials for months and, according to the indictment, played an active role in concealing classified documents from investigators. The archives alerted Mr. Trump in May 2021 that presidential documents were missing. Officials retrieved 15 boxes from Mar-a-Lago in January 2022 but suspected that other records remained missing. Seven months later, F.B.I. agents searched the Florida property and recovered additional documents.What Mr. Trump Said“Unlike me, who had absolute declassification authority as president, Joe Biden as vice president had no authority to declassify and no right to possess the documents. He had no right.”This is misleading. Vice presidents do have the power to declassify certain material, though the scope of their declassification powers has not been explicitly tested in courts.Mr. Trump has previously insisted that he had the power to declassify material without needing to inform anyone. There are formal procedures for declassifying information, but whether presidents must abide by them is an unsettled legal issue, according to the nonpartisan Congressional Research Service and the American Bar Association. A federal appeals court ruled in 2020 that “declassification, even by the president, must follow established procedures.” But the Supreme Court has yet to weigh in on the matter.It is worth noting, though, that Mr. Trump followed these procedures for certain documents, like issuing a memorandum on the day before leaving office declassifying information related to the F.B.I. investigation into his 2016 campaign’s ties to Russia.Separately, legal experts have noted that the classification of information related to nuclear weapons or “restricted data” is governed by a separate legal framework entirely, the Atomic Energy Act. That law does not explicitly give the president the authority to declassify nuclear secrets unilaterally and establishes a strict process for declassification that involves several agencies. It is unclear whether documents stored at Mar-a-Lago included “restricted data.”Chris Cameron More

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      Can Kevin McCarthy and Joe Biden Fix Washington?

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      Among the various reassessments of Kevin McCarthy following his successful debt ceiling negotiations, the one with the widest implications belongs to Matthew Continetti, who writes in The Washington Free Beacon that “McCarthy’s superpower is his desire to be speaker. He likes and wants his job.”If you hadn’t followed American politics across the last few decades, this would seem like a peculiar statement: What kind of House speaker wouldn’t want the job?But part of what’s gone wrong with American institutions lately is the failure of important figures to regard their positions as ends unto themselves. Congress, especially, has been overtaken by what Yuval Levin of the American Enterprise Institute describes as a “platform” mentality, where ambitious House members and senators treat their offices as places to stand and be seen — as talking heads, movement leaders, future presidents — rather than as roles to inhabit and opportunities to serve.On the Republican side, this tendency has taken several forms, from Newt Gingrich’s yearning to be a Great Man of History, to Ted Cruz’s ambitious grandstanding in the Obama years, to the emergence of Trump-era performance artists like Marjorie Taylor Greene. And the party’s congressional institutionalists, from dealmakers like John Boehner to policy mavens like Paul Ryan, have often been miserable-seeming prisoners of the talking heads, celebrity brands and would-be presidents.This dynamic seemed likely to imprison McCarthy as well, but he’s found a different way of dealing with it: He’s invited some of the bomb throwers into the legislative process, trying to turn them from platform-seekers into legislators by giving them a stake in governance, and so far he’s been rewarded with crucial support from figures like Greene and Thomas Massie, the quirky Kentucky libertarian. And it’s clear that part of what makes this possible is McCarthy’s enthusiasm for the actual vote-counting, handholding work required of his position, and his lack of both Gingrichian egomania and get-me-out-of-here impatience.But McCarthy isn’t operating in a vacuum. The Biden era has been good for institutionalism generally, because the president himself seems to understand and appreciate the nature of his office more than Barack Obama ever did. As my colleague Carlos Lozada noted on our podcast this week, in both the Senate and the White House, Obama was filled with palpable impatience at all the limitations on his actions. This showed up constantly in his negotiation strategy, where he had a tendency to use his own office as a pundit’s platform, lecturing the G.O.P. on what they should support and thereby alienating Republicans from compromise in advance.Whereas Biden, who actually liked being a senator, is clearly comfortable with quiet negotiation on any reasonable grounds, which is crucial to keeping the other side invested in a deal. And he’s comfortable, as well, with letting the spin machine run on both sides of the aisle, rather than constantly imposing his own rhetorical narrative on whatever bargain Republicans might strike.The other crucial element in the healthier environment is the absence of what Cruz brought to the debt-ceiling negotiations under Obama — the kind of sweeping maximalism, designed to build a presidential brand, that turns normal horse-trading into an existential fight.Expectating that kind of maximalism from Republicans, some liberals kept urging intransigence on Biden long after it became clear that what McCarthy wanted was more in line with previous debt-ceiling bargains. But McCarthy’s reasonability was sustainable because of the absence of a leading Republican senator playing Cruz’s absolutist part. Instead, the most notable populist Republican elected in 2022, J.D. Vance, has been busy looking for deals with populist Democrats on issues like railroad safety and bank-executive compensation, or adding a constructive amendment to the debt-ceiling bill even though he voted against it — as though he, no less than McCarthy, actually likes and wants his current job.One reason for the diminishment of Cruz-like grandstanders is the continued presence of Donald Trump as the G.O.P.’s personality-in-chief, to whose eminence no senator can reasonably aspire. At least through 2024, it’s clear the only way that Trump might be unseated is through the counterprogramming offered by Ron DeSantis, who is selling himself — we’ll see with what success — as the candidate of governance and competence; no bigger celebrity or demagogue is walking through that door.So for now there’s more benefit to legislative normalcy for ambitious Republicans, and less temptation toward the platform mentality, than there would be if Trump’s part were open for the taking.Whatever happens, it will be years until that role comes open. In which case Kevin McCarthy could be happy in his job for much longer than might have been expected by anyone watching his tortuous ascent.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTOpinion) and Instagram. More

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      We Were Wrong About President Biden

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      When I saw President George W. Bush aboard Air Force One during his first year in office, I finally fully got it — why an erstwhile cutup and goofball so strangely suited to the ordeal of a presidential campaign had put himself through one, losing sleep, tempting heartache, risking humiliation. On this airborne ego trip, he had a bed, and I don’t mean a seat that flattened into one. He had an office, with a desk bigger than those of some earthbound executives. Aides carried papers to him. Aides ferried papers away. They called him “Mr. President.” He’d upgraded from his old surname, as illustrious as it was, to a kind of divinity.There was no doubt that he’d seek a second term of that, though he chafed at certain obligations of the presidency and palpably yearned for his Crawford, Tex., ranch.I never flew with President Barack Obama. But I visited him in the White House several times. I went once with more than a dozen other well-known journalists, including the MSNBC superstar Rachel Maddow; I went another time with a half dozen fellow columnists, including my Pulitzer Prize-winning colleague Maureen Dowd. Our stature didn’t change the quickness with which we snapped to attention when he walked into the Roosevelt Room, the raptness with which we hung on his every syllable. His every syllable mattered: He was the leader of the free world, with more authority than anyone else in the richest and most powerful nation of them all. He could see awe in almost every face that turned toward him, as almost every face did.There was no question that he’d try to hold on to that for eight years, despite signs and chatter that he and Michelle Obama disliked much about the gilded goldfish bowl of White House life.And there should never have been much mystery about what President Joe Biden, who released a video announcing his re-election campaign early Tuesday, would decide. A person doesn’t just saunter away from adulation and affirmation on a scale this monumental — at least not the kind of person who wanted them enough to pursue the presidency in the first place.Over the past six months, many of us commentators have weighed in on whether Biden, who, at 80, is older than anyone at the Resolute Desk before him, should seek the Democratic presidential nomination again. We weren’t so much putting odds on his course of action as we were assessing his energy, his acuity, Democratic voters’ preference for an alternative and the party’s smartest strategy for keeping Donald Trump and the MAGA conspiracists at the gate.But that discussion made sense only if there were an actual possibility that Biden would step aside, so we were implying as much. And we were fools.Maybe that’s too harsh: By dint of his age, we had reason to wonder if he’d be battling health-related challenges that would make his circumstances and calculations fundamentally different from Bush’s, Obama’s or those of many of his other predecessors over the past half-century.But the idea that he’d coolly examine his favorability ratings (“Dammit, Jill, I just can’t seem to crack 50 percent!”), despair of Republicans’ ceaseless torture of him and his kin (“It’s malarkey!”), glance around at younger Democratic politicians itching for their day and decide to call it quits: That’s laughable. That’s malarkey. It contradicts the very appeal of the job. It disregards the nature of those who find it so very appealing.The people willing to accept the invasive scrutiny and exhausting odyssey en route to the White House believe at some level that they belong there or keenly crave reassurance of that. They’re not sated by the next best thing. They’re after peak recognition, the apex job and the view of the world from that summit — a world now at their feet.“Most of them had this ambition from grade school,” Timothy Naftali, a New York University historian, told me. “Others have appetites that grew with the eating. Regardless, there is something extraordinary — not normal — about desiring this much power.”I’d bet a great deal that the rush of that power — more than safety from criminal prosecution, more than the opportunity to use the White House as a profit center — is Donald Trump’s greatest motivator as he makes another run at the office. There’s no magnitude of personal wealth, no amplitude of fame, that confers the sort of bragging rights that the presidency does.The only presidents over the past century who could have run for re-election and chose not to — Calvin Coolidge in 1928, Harry Truman in 1952, Lyndon Johnson in 1968 — had served more than one term already, because they’d begun their presidencies by finishing out the terms of predecessors who had died in office. There’s a reason for that, and it’s a precedent that every modern president is aware of.“History is such that it would be taken as an admission of failure if you didn’t run again,” Stuart Stevens, a Republican strategist who was a senior adviser on presidential campaigns for George W. Bush and Mitt Romney, told me. “Either you think you succeeded in the first term and you deserve a second one or you think you failed in the first term and you want to do better.”In which category does Biden belong? “I think he thinks he’s been a great success,” Stevens said. “I agree.” Regardless, Stevens said, the presidency is difficult to surrender. “Being able to change history is intoxicating.”Bush was proving the doubters, including his own parents, wrong. Obama was living the kind of dream that was out of reach for his father. Bill Clinton was a glutton for approval, forever supping at the nearest and largest buffet. Trump was — is — Trump, who judges every day, every hour, by some cosmic analogue to Nielsen ratings. The presidency is always the most watched program.And Biden? The unlacquered oratory, “Scranton Joe” moniker and daily Amtrak schlep to the Capitol that he made during his decades in the Senate give him the unpretentious aspect of a journeyman toiling humbly in our service, unattached to and unimpressed by all the pomp of the office.But we lose track: He announced his first campaign for the presidency in 1987, when he was just 44, apparently confident even then that he could lead the United States of America as well as anyone else. While that bid ended early and disastrously, amid allegations and then an admission of plagiarism, he ran for the presidency again two decades later, when Obama ended up prevailing and choosing him as a wingman.We forget about the sting of rejection that Biden must have felt when, after serving loyally as Obama’s vice president, Obama essentially tagged Hillary Clinton to succeed him. We forget about how Biden pressed on after humiliating finishes in the Iowa caucuses and the New Hampshire primary in early 2020. That determination suggests a robust self-regard and potent yearning.And when we dwell on his age, we focus on what it may or may not mean for the vigor he brings to the job and for the degree of confidence in him that voters will feel. But there’s another facet of it: He waited for the presidency longer than anyone else. That must make his time in office all the sweeter.Biden is also propelled by his obvious — and correct — conviction that the moral corruption of the Republican Party makes the stakes of continued Democratic control of the White House as high as can be. He surely sees himself as the party’s best hope for that. A part of him is indeed doing this for us.But he’s doing this for himself, too — for a validation without rival, an exhilaration without peer. There are people to whom those feelings wouldn’t matter. They’re not the people who go around pleading for votes.(This article was updated to reflect news events.)I invite you to sign up for my free weekly email newsletter. You can follow me on Twitter (@FrankBruni).Source images by Drew Angerer/Getty Images and Getty Images Europe, via Irish Government, via Getty Images. More

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      When Trump Passes the MAGA Hat, His Aides Clutch Their Wallets

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      Unlike other recent presidents, Donald Trump has rarely received campaign donations from his top advisers. They offer a range of explanations.WASHINGTON — To pay for three presidential campaigns, Donald J. Trump has raised billions of dollars from corporate executives, online donors and, during his first race, even his own pocket.One source of money Mr. Trump has never successfully tapped: the people closest to him.While other recent presidents routinely drew financial support from key campaign aides and West Wing advisers, contributions to Mr. Trump from his team have been the exception rather than the norm.The lack of contributions from the Trump team is surprising, given the former president’s penchant for testing his top staff members’ allegiances and his tendency to view loyalty through a starkly transactional lens. Mr. Trump is also known to harbor deep resentment over the manner in which aides — in real or perceived ways — have leveraged their connections to him for their own financial gain.The contrast also offers a window into how Mr. Trump, whose temperamental management style led to record turnover in the West Wing, has treated the people he has worked with most closely.Many of Mr. Trump’s advisers, who were often expected to work around the clock, said this time spent working for him was worth more to the campaign than any check they could afford to write. Others pointed to Mr. Trump’s personal wealth and his already brimming campaign coffers, suggesting that their contribution either would not matter or would not be missed.Meanwhile, aides to Mr. Trump’s predecessors, Barack Obama and George W. Bush, and his successor, Joseph R. Biden Jr., explained their contributions as a reflection of the loyalty and enthusiasm inspired by their respective bosses.A review of eight years of campaign finance records showed only a handful of contributions to Mr. Trump’s campaigns or political committees from more than 40 of his senior staff members who had a hand in his three presidential campaigns and during his four years in the White House.The opposite was true for a similar list of key advisers for Mr. Biden, Mr. Obama and Mr. Bush. The list was also checked against Federal Election Commission records for the presidents’ campaigns and related committees.Reince Priebus was Mr. Trump’s first White House chief of staff, but never directly contributed to his campaigns.Andrew Harnik/Associated PressReince Priebus, Mr. Trump’s first White House chief of staff, spent roughly $130,000 on federal candidates and political committees during the past eight years. Those donations included $5,000 to the Republican National Committee in 2020 and $1,000 in 2018 to a leadership political action committee run by Vice President Mike Pence. Mr. Priebus, who declined to comment, never directly contributed to Mr. Trump.David Axelrod and Valerie Jarrett, the top strategists for Mr. Obama’s first campaign, and Karl Rove, who held a similar position for Mr. Bush, contributed to the campaigns that employed them. So did Mike Donilon, who was Mr. Biden’s chief strategist in 2020.Who’s Running for President in 2024?Card 1 of 7The race begins. More

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      Joe Biden Is Ready to Go

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      WASHINGTON — Everyone is frantically hunting for clues about whether Joe Biden will run again.His State of the Union speech was dissected for intimations. When he kept using the phrase “finish the job,” was that a hint?Where is Daniel Craig’s “Knives Out” detective when we need him?Asked about his decision in a Telemundo interview on Thursday, the 80-year-old president replied, “I’m just not ready to make it.”When my colleagues Frank Bruni and Michelle Goldberg, and I write “Hey, Joe, Don’t Give It a Go” columns suggesting that he bow out on top, is the president listening and pondering what we say?Nah. Guess what, political sleuths? It’s not really a Scooby-Doo mystery. No need to consult a soothsayer and tremble on the edge of your seats.Joe Biden is running. And that’s no malarkey.He has no intention of following Lear’s lead, “to shake all cares and business from our age/Conferring them on younger strengths, while we/Unburdened crawl toward death.”In his vertiginous career, Biden has felt the sensation of power slipping away, and he didn’t like it. Let Lear howl at the moon; Joe wants to strut in the sun (with his shades).I’ve spent my career studying Biden and other pols who are grasping for power, clinging to power, brandishing power and squandering power. And I can tell you this: Nobody likes to give up power. Donald Trump is the grotesque example: trying to overturn the government to keep his grip on it.Congress and the Supreme Court are replete with candidates for early-bird dinners. Ruth Bader Ginsburg made a huge mistake by staying on the court until the end, bequeathing us Amy Coney Barrett and a reversal of Roe. Dianne Feinstein and Chuck Grassley, both 89, are still in the Senate.Biden thought he could be president from the moment he hit town as a new senator in 1973. People debate now whether he’s too old to be president; but back then, he was too young to be a senator. He was 29 when he was elected, turning 30 and reaching eligibility shortly after the election.The handsome young senator told Washingtonian magazine in 1974 that he understood why he was “a hot commodity”: his youth and his “tragic fate” — his wife and baby daughter were killed in a car crash shortly after his election. The magazine compared him to “Robert Redford’s Great Gatsby in natty pinstriped suits.”“I know I can be a good president,” he said, adding, “My family still expects me to be there one of these days.”The neophyte was very self-confident, while blithely conceding his flaws. “I’m not the kind of guy everyone likes,” he said. “My personality either grabs you or it doesn’t.”His quest was a bumpy one. I wrote the stories about cribbing from Neil Kinnock and Robert Kennedy that helped knock Biden out of the 1988 race. I also wrote about his well-meaning but ham-handed performance during the Anita Hill-Clarence Thomas hearings.But just when it seemed as though Biden’s best days were behind him, Barack Obama chose him for a running mate, seeking foreign policy experience. And in a well-meaning but clumsy move that actually turned out to be brilliant, Vice President Biden managed to bring President Obama and most of the country along to the idea of embracing gay marriage.Obama shoved Biden aside for Hillary, which turned out to be a huge mistake that resulted in the execrable Trump. After being treated dismissively by the Obama team, Biden, Rocky-like, finally won the presidency, nearly half a century after he first talked about it.After that slog, he’s not about to kiss it away because some polls and pundits fret about his age.He thinks he’s doing great. There’s a spring in his step because he feels that he has outwitted the dimwitted Republicans. On Tuesday night, he made them look rude — with Marjorie Taylor Greene’s fur flying — and put them on the defensive. Republicans spent the whole week trying to get out from under his criticism that they always want to cut Social Security. But it’s a hard criticism to rebut because Republicans always want to cut Social Security.Biden has gone bigger than Obama, who was supposed to be the transformational one. The president has pushed big job-creating bills and gone after Big Pharma and big corporations. (He has also gone smaller with some crowd-pleasers, like promising to get rid of junk fees on hotel bills.) Unlike Obama, who had an aversion to selling his policies, this guy loves a good groundbreaking.In the State of the Union, the president began trying to reconnect his party to its blue-collar roots. Hillary thought she could win in 2016 with the new Democratic coalition of minorities, the elite and students. She refused to give a speech at Notre Dame and never bothered to go to Wisconsin.Wisconsin was Biden’s first stop Wednesday in his post-State of the Union blitz. He remains unapologetically Scranton Joe.So, we know, Joe. You’re in the race.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More