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    Fotos policiales de los acusados de conspirar con Trump: ¿por qué sonríen?

    La imagen que se toma al fichar a los acusados de un delito suele reflejar seriedad, incredulidad o sorpresa. Eso no ha sucedido con algunos de los acusados con el expresidente en Georgia.[Última hora: Donald Trump fue fichado en Georgia y las autoridades difundieron su foto policial. Puedes leer más aquí, en inglés].La típica foto policial suele ser un asunto sombrío: con mala iluminación y gesto taciturno. Es un retrato permanente de la vergüenza, la letra escarlata del sistema legal.Y, casi por definición, va sin sonrisa.Pero entre las fotografías que han surgido de la oficina del sheriff del condado de Fulton en Atlanta, donde Donald Trump y otras 18 personas han sido acusadas de conspirar para revertir las elecciones de 2020, hay varias que son peculiarmente alegres.Jenna Ellis, exabogada de Trump, luce una amplia sonrisa, al igual que David Shafer, expresidente del Partido Republicano de Georgia. Scott Hall, operador político de Trump, no logra reprimir una sonrisita burlona. Sidney Powell, acusada de esparcir teorías de la conspiración desacreditadas sobre las elecciones, deja ver un brillo en los ojos.Sidney Powell, acusada de difundir teorías conspirativas desacreditadas sobre las elecciones, es retratada con un gesto que oscila entre una sonrisa y un ceño fruncido.Oficina del sheriff del condado de Fulton vía Associated Press¿Y qué expresan sin lugar a dudas sus expresiones faciales? Desafío.El semblante que han puesto para la cámara del sistema de justicia penal, y para el lente de la historia, recuerda los otros papeles de reparto que desempeñan en lo que parece ser una extraordinaria producción del teatro político: uno que concuerda con la afirmación muy repetida por Trump de que la fiscalía es una farsa y una burla.En la fotografía de Ellis, tomada el miércoles —tan alegre que podría ser una foto de perfil, a no ser por el logotipo de la oficina del sheriff detrás de su hombro— parece a punto de estallar en risas por el lugar donde se encuentra.La política moderna en tiempos de redes sociales, como casi todo, es una batalla por crear, controlar y definir imágenes. Y la foto policial, inventada en Bélgica en la década de 1840 como una forma útil de identificación, es un nuevo frente en ese combate.La mayoría de los otros acusados fichados hasta el momento de delitos de conspiración para revertir los resultados de las elecciones de 2020 dejaban ver su serio dilema. Tal vez ninguno más que Rudolph Giuliani, quien apretó los labios, miró con frialdad al frente y frunció el ceño luego de comparecer ante las autoridades el miércoles en Atlanta.Ellis intentó adueñarse de un proceso que suele verse como humillante o intimidante; ella ha presentado su acusación como una persecución política injusta que debe superarse con fe y optimismo.Publicó su fotografía policial en internet con una cita de los Salmos: “¡Alégrense, ustedes los justos; regocíjense en el Señor!”.Cuando se le pidieron comentarios, Ellis comparó su situación con la de un antiguo cliente, un ministro que desafió una orden de cerrar su iglesia en la pandemia.“Quienes se burlan de mí, de mi excliente y mi Dios, quieren ver que me quiebro y no tendrán esa satisfacción”, dijo. “Sonreí porque estoy decidida a enfrentar este proceso con valentía y actuando según la fe. No pueden robarse mi alegría”.Powell y los abogados que representan a Shafer y Hall no respondieron de inmediato a pedidos de comentario.Haber sido retratado en las instalaciones del condado de Fulton podría ser incluso un símbolo de estatus entre los seguidores de Trump más incondicionales: Amy Kremer, quien ayudo a organizar el mitin previo al motín del 6 de enero de 2021 en el Capitolio, publicó una foto manipulada en la que aparece, sin sonreír, frente al logotipo del sheriff del condado de Fulton. No se le ha acusado en Georgia.Se supone que el retrato policial sea un ecualizador, que tanto los poderosos como los desposeídos sean blanco del mismo lente objetivo. Y muchos enemigos de Trump han criticado al Servicio de Alguaciles de EE. UU. por no tomar la foto de la ficha policial (como harían con otros acusados) cuando el expresidente fue fichado por cargos federales en Miami y Washington.Esta vez será distinto.Por regla general, los políticos suelen asumir su fichaje en la comisaría como eventos políticos que al final tendrán un peso en el resultado legal.Cuando a Tom DeLay, líder de la cámara baja, se le acusó de lavado de dinero y conspiración en 2005, se atavió con traje, ajustó su corbata y sonrió de oreja a oreja. Fue una forma astuta de privar a sus oponentes de una imagen que fácilmente podrían usar en anuncios para atacarlo. (Se retiró del Congreso pero su posterior condena fue anulada en apelación).John Edwards, quien fue senador por Carolina del Norte y candidato demócrata a la vicepresidencia en 2004, sonrió con calidez ante la cámara como si estuviera frente a un simpatizante cuando lo ficharon al imputársele delitos de violación de leyes de financiación de campaña en 2011. Como Ellis, quería transmitir su inocencia y la injusticia de los cargos. (Fue absuelto de uno de los cargos y el gobierno retiró los restantes).Servicio de Alguaciles de EE. UU. vía Getty ImagesServicio de Alguaciles de EE. UU. vía Getty ImagesA los políticos les obsesiona proyectar mensajes, es un rasgo dominante de su especie. Tom DeLay, John Edwards y Rick Perry acudieron a que los ficharan como a un evento político que a final de cuentas podría influenciar el veredicto legal.Oficina del sheriff del condado de Travis vía Getty ImagesY en 2014, Rick Perry, entonces gobernador republicano de Texas, ofreció una sonrisa taimada cuando lo ficharon por delitos relacionados con presionar al fiscal de distrito demócrata del condado de Travis para que renunciara. Calificó los cargos de “farsa”, publicó fotos suyas en una heladería poco después y dos años más tarde fue absuelto de todos los cargos.En la mayoría de los casos, sonreír en la foto policial es una muestra de rebeldía.Eso ha sido particularmente cierto si se habla de los delincuentes famosos que, en general, han sido casi tan cuidadosos de su imagen como las estrellas de cine o los políticos. Al Capone sonrió en varios retratos policiales así como en su foto de identificación en Alcatraz. Y en la única foto que se le tomó al narcotraficante Pablo Escobar para una ficha policial, luego de que lo arrestaron por narcotráfico en Colombia, parecía casi jubiloso.Donaldson Collection — Michael Ochs Archives, via Getty ImagesPor lo general, los criminales famosos, como Al Capone y Pablo Escobar, han estado muy atentos a su imagen, como las estrellas de cine o los políticos.Archivio GBB vía AlamyTenía un buen motivo. Los cargos fueron retirados rápidamente.Glenn Thrush cubre el departamento de Justicia. Se unió al Times desde 2017, luego de haber trabajado para Politico, Newsday, Bloomberg News, The New York Daily News, The Birmingham Post-Herald y City Limits. Más de Glenn ThrushMaggie Haberman es corresponsal política sénior y autora de Confidence Man: The Making of Donald Trump and the Breaking of America. Formó parte del equipo que ganó un premio Pulitzer en 2018 por informar sobre los asesores del presidente Trump y sus conexiones con Rusia. Más de Maggie Haberman More

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    Legal Consequences Arrive for Trump and Other Election Deniers

    Legal repercussions have arrived for the leaders of the effort to overturn the 2020 presidential contest, in what could serve as a warning to those who meddle in future elections.For two and a half years, most of Donald J. Trump’s allies in the sprawling effort to overturn the 2020 election escaped consequences, continuing to try to undermine President Biden’s legitimacy by spreading false claims about voting machines, mail ballots and rigged elections.Now the legal repercussions are arriving.Last month, three leading election deniers in Michigan were charged with felonies over a scheme to surreptitiously obtain election machines and inspect them in parking lots and hotels. Soon after, Mr. Trump himself was indicted in a major federal investigation of his actions surrounding the 2020 election.Then, in the longest reach of the law yet, Mr. Trump and 18 others were criminally charged on Monday over their attempts to interfere with the outcome of the election in Georgia.The broad indictment includes some of the most prominent figures in the movement to subvert the election: Rudolph W. Giuliani, who presented state legislatures with what he said was evidence of fraud and has continued to make such claims as recently as this month; John C. Eastman, a lawyer and an architect of the scheme to create bogus slates of pro-Trump electors; David Shafer, the chairman of the Georgia Republican Party, who filed 16 fake electors; and Sidney Powell, a lawyer behind some of the wildest claims about election machines.“The attacks on the election system were so brazen,” said Wendy Weiser, the director of the democracy program at the Brennan Center for Justice. “Some accountability,” she added, would “make people think twice before pushing the envelope and trying to break the law.”Despite the flood of criminal charges, election denialism persists in American politics. Many of the 147 Republicans in Congress who voted to overturn the election were re-elected, and Mr. Trump has made false election claims central to his campaign to take back the White House. In a post on his social media site on Tuesday morning, Mr. Trump pledged to unveil a “report” next week on “election fraud” in Georgia. (Mr. Trump and Mr. Giuliani, among others, have said they did nothing wrong and have cast the charges as politically motivated.)It is still far from clear whether Mr. Trump and his allies who face charges will ultimately be convicted. But the legal threat may force Trump allies to think twice in the future about repeating their more drastic actions — tampering with election machines, organizing the fake elector scheme, filing reams of frivolous lawsuits.In addition to the criminal charges, several lawyers who pushed baseless election claims in court are facing disbarment. And Fox News was forced to pay $787.5 million to settle a defamation suit filed by Dominion Voting Systems over the network’s promotion of misinformation about the 2020 election.One sign that prosecutions can act as a deterrent has already surfaced. More than 1,100 people were arrested after the Capitol riot on Jan. 6, 2021, according to Justice Department records. More than 630 have pleaded guilty to various charges, and about 110 have been convicted at trial. Almost 600 have been sentenced and, of those, about 370 have served some amount of time behind bars.Legal experts say those convictions are a key reason that recent provocations by Mr. Trump after his series of indictments have not resulted in mass protests or violence.“The federal government has made a concerted effort to investigate and prosecute people who stormed the Capitol,” said Renato Mariotti, a former federal prosecutor who is now a partner at Bryan Cave Leighton Paisner. “And I think we’ve seen when Trump tried to rally people in Manhattan or in Florida, not only were the crowds small, but a lot of right-wing influencers were out there telling people: ‘Do not do this. You are going to get arrested.’”Part of the challenge for prosecutors is that bringing criminal charges for trying to overturn an election is relatively uncharted legal terrain.“It would be wrong to say that there’s precedent in these exact circumstances, because we have never had these exact circumstances,” said Mary McCord, a former top official in the Justice Department’s national security division and a law professor at Georgetown University Law Center.In Georgia, Fani T. Willis, the Fulton County district attorney who led the investigation, turned to the state’s racketeering statute, often used for targeting organized crime, because of the magnitude of the inquiry and the large number of people involved.In the federal case, Jack Smith, the special counsel assigned by the Justice Department to investigate Mr. Trump, used novel applications of criminal laws — such as conspiring to defraud the government and corruptly obstructing a congressional proceeding — to bring charges against the former president over his actions leading up to the Capitol riot.In Michigan, the charges were more straightforward, focusing specifically on allegations of illegal possession of a voting machine and a conspiracy to gain unauthorized access to a computer or computer system.Such applications of the law, while in some cases untested, could establish a playbook for prosecutors to go after those who threaten elections in the future.“We hope at the end of the day, yes, there will be precedents created, legal precedents created as a result of actions people took after the 2020 election,” said Jon Greenbaum, the chief counsel for the nonpartisan Lawyers’ Committee for Civil Rights Under Law and a former Justice Department lawyer, adding that he hoped those precedents “in the end will make our democracy stronger.”Alan Feuer More

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    Why the Fani Willis Prosecution of Donald Trump Is Indispensable

    When the Fulton County, Ga., district attorney, Fani Willis, filed criminal charges against Donald Trump and over a dozen of his allies for their attempt to overturn Georgia’s 2020 presidential election results, she did something ingenious.In contrast to the special counsel Jack Smith’s latest laser-focused federal indictment of Mr. Trump, Ms. Willis charges a wide range of conspirators, from people in the Oval Office to low-level Georgia G.O.P. functionaries, and is the first to plumb the full depths, through a state-focused bathyscaph, of the conspiracy.Her case also provides other important complements to the federal matter: Unlike Mr. Smith’s case, which will almost certainly not be broadcast because of federal standards, hers will almost certainly be televised, and should Mr. Trump or another Republican win the White House, Ms. Willis’s case cannot be immediately pardoned away. It offers transparency and accountability insurance. As she said in her news conference on Monday night, “The state’s role in this process is essential to the functioning of our democracy.”But the indictment stands out, above all, because Georgia offers uniquely compelling evidence of election interference — and a set of state criminal statutes tailor-made for the sprawling, loosely organized wrongdoing that Mr. Trump and his co-conspirators are accused of engaging in. It is a reminder of the genius of American federalism: When our democracy is threatened, states have an indispensable part to play in protecting it.At 98 pages, Ms. Willis’s indictment is more than twice the size of Mr. Smith’s indictment in his Jan. 6 case and contains 19 defendants to his one. The indictment charges 41 counts (to Mr. Smith’s four) — among them, Georgia election crimes like solicitation of violation of oath by public officer (for Mr. Trump’s infamous demand to Georgia’s secretary of state, Brad Raffensperger, to just “find 11,780 votes”) and state offenses like forgery and conspiracy to commit forgery (for creating fake electoral certificates) and conspiracy to commit computer trespass (for unlawfully accessing election machines in Coffee County to attempt to prove that votes were stolen).The large cast of defendants populates a complete conspiracy chain of command and features the famous (Mr. Trump, his chief of staff Mark Meadows and his lawyer Rudy Giuliani), the infamous (the Trump attorneys John Eastman, Ken Chesebro and Jeffrey Clark) and the otherwise unknown (including Georgia state false electors and local Trump campaign allies without whom the plot would have stalled).Ms. Willis ties them all together by levying one charge against Mr. Trump and each of the 18 other defendants under Georgia’s Racketeer Influenced and Corrupt Organization Act, or RICO, accusing Mr. Trump and his co-conspirators of functioning as a criminal gang.American law has long recognized through the crime of conspiracy that combinations of criminals are more dangerous than lone wolves. RICO is conspiracy on steroids, providing for stiffer penalties and other advantages like bringing multiple loosely connected conspiracies under one umbrella.Georgia has one of the most capacious RICO statutes in the country. The state’s legislature enacted it specifically to “apply to an interrelated pattern of criminal activity” and mandated courts to “liberally construe” it to protect the state and its citizens from harm. Under the law, prosecutors can charge a sprawling criminal enterprise and even include individuals who may not have known “of the others’ existence,” as one court put it.Here, the statute may be triggered by violations of an array of federal crimes as well as over 40 charges specific to Georgia, including forgery, false statements and influencing witnesses.Georgia RICO has become Ms. Willis’s signature. She applied it in cases like the Atlanta teacher cheating scandal, in which educators engaged in a wide-ranging scheme to inflate scores on standardized tests, and the prosecution of the rapper Young Thug, in which he co-founded a street gang that was accused of committing almost 200 criminal acts.In using RICO, Ms. Willis accuses Mr. Trump of functioning like a gang leader overseeing a theft ring, except instead of stealing cash or cars, he and his allies are accused of attempting to purloin the Georgia presidential election results.The overall charge includes four core schemes. The first was to pressure government officials to advance the objective of securing Georgia’s electoral votes for Mr. Trump, even though he lost. For the evidence here, in addition to Mr. Trump’s call to Mr. Raffensperger, Ms. Willis details other efforts by Mr. Trump and his co-defendants — including Mr. Giuliani’s pressuring of state legislators, Mr. Meadows’s pressure on election authorities and the co-conspirators’ lies and intimidation targeting the ballot counters Ruby Freeman and Wandrea Moss, who goes by Shaye. This also includes efforts in Washington that affected Georgia, such as the Department of Justice lawyer Jeffrey Clark’s preparation of an allegedly fraudulent draft letter targeting the state.Two-person audit boards working to recount ballots at the Gwinnett County Board of Registrations and Elections in Lawrenceville, Ga.Damon Winter/The New York TimesThe second scheme was the organization of electors falsely proclaiming that Mr. Trump was the winner in Georgia. Ms. Willis alleges that Mr. Trump personally participated in this effort; for example, he called the Republican National Committee with Mr. Eastman from the White House to organize the fake slates of electors, including in Georgia. And she charges a great deal of other activity in and outside Georgia.The third scheme was the unlawful accessing of voting machines in Coffee County, a rural county southeast of Atlanta. The indictment asserts that, after a White House conversation about getting access to election machines to prove supposed vote theft, Sidney Powell, a lawyer tied to Mr. Trump, along with Trump campaign allies and computer consultants, conspired to gain access to voting equipment in Coffee County.Ms. Willis’s inclusion of that plan spotlights what has been one of the more neglected aspects of the nationwide effort. Mr. Smith does not even mention it in his federal indictment. Yet the Willis indictment alleges that this was part of a plan discussed (in general terms) in the Oval Office.The fourth and final scheme is what has become a trademark allegation against Mr. Trump and his circle: obstruction and cover-up. Ms. Willis alleges that members of the conspiracy filed false documents, made false statements to government investigators and committed perjury during the Fulton County judicial proceedings.In addition to the RICO charges, each of the 19 defendants is charged with at least one other offense. Perhaps most telling among these is the charge against Mr. Trump and six others of felony solicitation of violation of oath by a public officer. This fits Mr. Trump’s demand for those 11,780 votes like a glove.Mr. Trump has already begun to defend himself, trying to get Ms. Willis and her special grand jury disqualified, based on an array of supposed conflicts and other grievances. The Georgia courts have already repeatedly rejected those arguments. He will also probably employ defenses similar to ones he and his legal team have laid out in pending criminal matters elsewhere, seeking removal to federal court and advancing First Amendment and intent defenses that have been picked apart by many legal experts.He and his co-conspirators may attempt to challenge the RICO charges on technical grounds, for example, arguing that the conspiracies are not sufficiently related under the statute. But Ms. Willis powerfully alleges otherwise, in particular emphasizing the unifying objective of Mr. Trump’s wrongfully seizing Georgia’s electoral votes.That all of this is likely to play out on television only deepens the historic nature of the indictment. Georgia law makes generous allowance for court proceedings to be broadcast, with the state rightly considering open courtrooms to be “an indispensable element of an effective and respected judicial system.” Assuming that rules against televising federal trials stand, the Georgia trial would be the only one that the public could watch as it unfolds. We know from the Jan. 6 hearings — as well as, in an earlier era, the Watergate hearings — the power of seeing and hearing these events. And they will remain for viewing in posterity as a lesson in the rule of law.There is one final important advantage of the Georgia case. It is shielded from what may be Mr. Trump’s ultimate hope: the issuance of a pardon should he or another Republican be elected president in 2024 (or a command by a Republican that the Justice Department simply drop the case). A president’s power to pardon federal offenses does not extend to state crimes.And pardons in Georgia are not an unreviewable power vested solely in the chief executive. They are awarded by the State Board of Pardons and Paroles — and are not even available until five years after completion of all sentences.The indictment from Ms. Willis strongly complements the federal case. It adds dimensionality, transparency and additional assurance of accountability for the former president and those who betrayed democracy in Georgia.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate attorney in Savannah, Ga.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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    As Indictment Decision Looms, Here’s What to Know About the Trump Investigation in Georgia

    A grand jury could decide within days whether former President Trump should be indicted for interfering in the state’s 2020 presidential election.Starting on Monday morning, prosecutors in Fulton County, Ga., are expected to present a grand jury with the findings from their two-and-a-half-year investigation into former President Donald J. Trump and a number of his allies for their multipronged effort to overturn Mr. Trump’s narrow election loss in Georgia in November 2020.The grand jury will likely decide within days whether Mr. Trump should be indicted for interfering in the presidential election in Georgia. The former president has already been indicted in three separate cases this year, a staggering legal burden for a politician who is running for another term.Mr. Trump is far ahead of competitors in the race for the 2024 Republican nomination, and neck-and-neck with President Joseph R. Biden Jr. in a potential rematch, according to a New York Times/Siena College poll conducted in late July.Here is what we know about the investigation in Fulton County, which includes most of Atlanta.Why is Mr. Trump under investigation in Georgia?Fani T. Willis, the Fulton County district attorney, began looking into whether Mr. Trump and his associates violated Georgia law shortly after a recording was released of Mr. Trump talking by phone to Brad Raffensperger, Georgia’s secretary of state, on Jan. 2, 2021. During the call, Mr. Trump insisted that he had won the state of Georgia and made baseless allegations of fraud, even though multiple recounts confirmed that he had lost.Mr. Trump told Mr. Raffensperger that he wanted to “find” 11,780 votes in the state — one more than he needed to win Georgia and its Electoral College votes.Over time, court documents and other public records revealed that Ms. Willis, a Democrat, was also investigating false statements that lawyers for Mr. Trump made in state legislative hearings; a meeting of 16 pro-Trump Republicans who cast bogus Electoral College votes for him; an intimidation campaign against a pair of Fulton County election workers falsely accused of fraud, and a successful effort by Trump allies to copy sensitive software at an elections office in rural Coffee County, Ga.An audio recording of Mr. Trump talking to Brad Raffensperger, secretary of state of Georgia, was played during a hearing by the Jan. 6 Committee.Alex Wong/Getty ImagesWhat laws may have been broken?In February 2021, Ms. Willis, in a letter to state officials, said the potential laws violated include “the solicitation of election fraud, the making of false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.”That list may not prove definitive for a number of reasons, including that investigators probably had not settled on the final scope of their inquiry at the time. Outside legal experts have said that the Coffee County data breach could result in charges like computer trespassing and computer invasion of privacy.Ms. Willis signaled repeatedly that she was considering pursuing charges under the state’s racketeering law, which is often used to target members of an “enterprise” that has engaged in a pattern of criminal activity.The federal racketeering law is best known for being used against members of the mafia. But federal and state racketeering laws have been used in a wide array of cases. Prosecutors often use the laws to ensure that leaders of a criminal enterprise, and not just the foot soldiers, are held accountable.Who else is being scrutinized?The Georgia investigation may prove to be the most expansive legal challenge yet to the efforts that Mr. Trump and his advisers and other associates undertook to keep him in power after he lost the 2020 election. Nearly 20 people are known to have been told that they could face charges. They include Rudolph W. Giuliani, the former New York City mayor who, as a Trump lawyer, made numerous false claims about voter fraud at Georgia legislative hearings.They also include David Shafer, the former chair of the state Republican Party. He oversaw the meeting of the bogus electors in December 2020; more than half of the electors have been cooperating with Ms. Willis’s office.A number of lawyers who worked to keep Mr. Trump in power have been under scrutiny in the investigation, including John Eastman, Sidney Powell, Jenna Ellis and Kenneth Chesebro. Last year, Mark Meadows, the former White House chief of staff, was ordered to testify before a special grand jury that aided in the investigation.The Justice Department blocked an effort to seek the testimony of Jeffrey Clark, a former high-ranking lawyer in the department who sought to intervene in Georgia on Mr. Trump’s behalf after the 2020 election.A number of people whose names have been mentioned in connection with the investigation have said that they did nothing illegal, including Mr. Trump, who has described his call to Mr. Raffensperger as “absolutely perfect.”A Trump supporter protested election results at the Georgia State Capitol in downtown Atlanta in the days after the 2020 election.Audra Melton for The New York TimesHow does the Georgia inquiry relate to other investigations of Mr. Trump?Ms. Willis has said that she has not coordinated with Jack Smith, the special counsel in two federal investigations of Mr. Trump that have resulted in indictments. But Ms. Willis’s team has made use of the voluminous documents and testimony about election interference efforts produced by Congress’s Jan. 6 Committee.One of the federal cases is related to the former president’s handling of classified documents; the other to his efforts to reverse his defeat in the 2020 election. Another indictment, in New York State, is related to what prosecutors described as a hush-money scheme to cover up a potential sex scandal and clear his path to the presidency in 2016. Mr. Trump has pleaded not guilty in all three cases.What would come next?If the Fulton County grand jury decides to indict, any defendants will have to make their way to Atlanta to be booked and arraigned. A number of them could face multiple charges, and the potential sentences could be steep: Violating the racketeering law alone can potentially result in a five-to-20-year sentence.There is also the question of when a trial might occur, given Mr. Trump’s legal troubles in several other venues. If the Georgia case results in multiple defendants, pretrial matters like jury selection could take months. More

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    Trump Indictment Leaves Alleged Co-Conspirators Facing Tough Choices

    The special counsel’s decision not to charge six people said to have played critical roles in the effort to keep Donald Trump in office seemed to give them a chance to cooperate with prosecutors. Some appear to be unwilling.By the time Jack Smith, the special counsel, was brought in to oversee the investigation of former President Donald J. Trump’s attempts to overturn the 2020 election, the inquiry had already focused for months on a group of lawyers close to Mr. Trump.Many showed up as subjects of interest in a seemingly unending flurry of subpoenas issued by a grand jury sitting in the case. Some were household names, others less familiar. Among them were Rudolph W. Giuliani, John Eastman, Jeffrey Clark, Kenneth Chesebro and Sidney Powell.On Tuesday, most of these same lawyers showed up again — albeit unnamed — as Mr. Trump’s co-conspirators in a federal indictment accusing him of a wide-ranging plot to remain in office despite having lost the election.The appearance of the lawyers at the center of the case suggests how important prosecutors judged them to be to the conspiracy to execute what one federal judge who considered some of the evidence called “a coup in search of a legal theory.”The lawyers’ placement at the heart of the plot while remaining uncharged — for now — raised questions about why Mr. Smith chose to bring the indictment with Mr. Trump as the sole defendant.In complex conspiracy cases, prosecutors often choose to work from the bottom up, charging subordinates with crimes to put pressure on them to cooperate against their superiors. It remains unclear precisely what Mr. Smith may be seeking to accomplish by flipping that script.Some legal experts theorized on Wednesday that by indicting Mr. Trump alone, Mr. Smith might be seeking to streamline and expedite the case ahead of the 2024 election. If the co-conspirators were indicted, that would almost certainly slow down the process, potentially with the other defendants filing motions and seeking to splinter their cases from Mr. Trump’s.“I think it’s a clean indictment to just have Donald Trump as the sole defendant,” said Soumya Dayananda, a former federal prosecutor who served as a senior investigator for the House Jan. 6 committee. “I think it makes it easier to just tell the story of what his corrupt activity was.”Another explanation could be that by indicting Mr. Trump — and leaving open the threat of other charges — Mr. Smith was delivering a message: cooperate against Mr. Trump, or end up indicted like him. By not charging them for now, Mr. Smith could be giving the co-conspirators an incentive to reach a deal with investigators and provide information about the former president.While the threat of prosecution could loom indefinitely, it is possible that the judge overseeing the case might soon ask Mr. Smith’s team to disclose whether it plans to issue a new indictment with additional defendants. And some legal experts expect additional charges to come.“It’s clearly a strategic decision not to charge them so far, because it’s out of the ordinary,” said Joyce Vance, a former U.S. attorney who is now a University of Alabama law professor. “I don’t see an advantage to giving people this culpable a pass.”That said, at least one of the co-conspirators — Mr. Giuliani — and another possible co-conspirator — Boris Epshteyn, a lawyer and strategic adviser close to Mr. Trump — have already sat with prosecutors for extended voluntary interviews. To arrange for such interviews, prosecutors typically consent not to use any statements made during the interview in future criminal proceedings against them unless the subject is determined to have been lying.Boris Epshteyn has sat with prosecutors for an extended voluntary interview.Jim Lo Scalzo/EPA, via ShutterstockBut those protections do not prevent Mr. Smith from charging anyone who sat for an interview. He still has the option of filing charges against any or all of the co-conspirators at more or less any time he chooses.He used that tactic in a separate case against Mr. Trump related to the former president’s mishandling of classified documents, issuing a superseding indictment last week that accused a new defendant — the property manager of Mr. Trump’s private club and residence in Florida — of being part of a conspiracy to obstruct the government’s attempts to retrieve the sensitive materials.Some of the lawyers named as Mr. Trump’s co-conspirators in the indictment filed on Tuesday have effectively acknowledged to being named in the case through their lawyers.In a statement issued Tuesday night, Robert J. Costello, a lawyer for Mr. Giuliani, said it “appears” as if the former New York City mayor were Co-Conspirator 1. The statement also leveled a blistering attack on the indictment — and a defense of Mr. Trump — suggesting that Mr. Giuliani was an unlikely candidate for cooperating against the former president.“Every fact that Mayor Giuliani possesses about this case establishes the good-faith basis President Donald Trump had for the action that he took,” Mr. Costello said.Not long after, Charles Burnham, a lawyer for Mr. Eastman, implicitly admitted his client’s role as Co-Conspirator 2 by issuing a statement “regarding United States v. Donald J. Trump indictment” in which he insisted Mr. Eastman was not “involved in plea bargaining.”John Eastman after a hearing in Los Angeles. His lawyer implicitly admitted his client’s role as Co-Conspirator 2.Jae C. Hong/Associated Press“The fact is, if Dr. Eastman is indicted, he will go to trial,” the statement said. “If convicted, he will appeal.”Some sleuthing was required to determine the identities of the other co-conspirators.The indictment refers to Co-Conspirator 3, for instance, as a lawyer whose “unfounded claims of election fraud” sounded “crazy” to Mr. Trump.That description fits Ms. Powell. She was best known during the postelection period for filing four lawsuits in key swing states claiming that a cabal of bad actors — including Chinese software companies, Venezuelan officials and the liberal financier George Soros — conspired to hack into voting machines produced by Dominion Voting Systems and flip votes from Mr. Trump to Mr. Biden.Mr. Clark is a close match to the description of Co-Conspirator 4, who is identified in the charges as a Justice Department official who worked on civil matters and plotted with Mr. Trump to use the department to “open sham election crime investigations” and “influence state legislatures with knowingly false claims of election fraud.”Against the advice of top officials at the Justice Department, Mr. Trump sought to install Mr. Clark, a high-ranking official in the department’s civil division, as the acting attorney general in the waning days of his administration after Mr. Clark agreed to support his claims of election fraud.Sidney Powell was best known during the postelection period for filing four lawsuits in key swing states claiming that a cabal of bad actors conspired to flip votes from Mr. Trump to Mr. Biden.Erin Schaff/The New York TimesMr. Clark also helped draft a letter to Gov. Brian Kemp of Georgia, a Republican, urging him to call the state legislature into a special session to create a slate of false pro-Trump electors even though the state was won by Joseph R. Biden Jr.A batch of documents obtained by The New York Times helped to identify Mr. Chesebro as Co-Conspirator 5, who is described in the indictment as a lawyer who helped to craft and implement “a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding.”The emails obtained by The Times laid out a detailed picture of how several lawyers, reporting to Mr. Giuliani, carried out the so-called fake elector plot on behalf of Mr. Trump, while keeping many of their actions obscured from the public — and even from other lawyers working for the former president.Several of these emails appeared as evidence in the indictment of Mr. Trump, including some that showed lawyers and the false electors they were seeking to recruit expressing reservations about whether the plan was honest or even legal.“We would just be sending in ‘fake’ electoral votes to Pence so that ‘someone’ in Congress can make an objection when they start counting votes, and start arguing that the ‘fake’ votes should be counted,” a lawyer based in Phoenix who helped organize the pro-Trump electors in Arizona wrote to Mr. Epshteyn on Dec. 8, 2020.In another example, Mr. Chesebro wrote to Mr. Giuliani that two electors in Arizona “are concerned it could appear treasonous.”At one point, the indictment quotes from a redacted message sent by an Arizona lawyer on Dec. 8, 2020, that reads, “I just talked to the gentleman who did that memo, [Co-Conspirator 5]. His idea is basically. …”Jeffrey Clark appears to be a close match to Co-Conspirator 4, who is described in the charges as a Justice Department official who worked on civil matters and plotted with Mr. Trump.Kenny Holston/The New York TimesAn unredacted version of that email obtained by The Times has the name “Ken Cheseboro” in the place of Co-Conspirator 5.The indictment also cites a legal memo dated Nov. 18, 2020, that proposed recruiting a group of Trump supporters who would meet and vote as purported electors for Wisconsin. The court filing describes it as having been drafted by Co-Conspirator 5. That memo, also obtained by The Times, shows it was written by Mr. Chesebro.A separate email, reviewed by The Times, gives a hint that Mr. Epshteyn could be Co-Conspirator 6.The email — bearing a subject line reading, “Attorney for Electors Memo” — was sent on Dec. 7, 2020, to Mr. Giuliani and Mr. Giuliani’s son, Andrew.“Dear Mayor,” it reads. “As discussed, below are the attorneys I would recommend for the memo on choosing electors,” adding the names of lawyers in seven states.Paragraph 57 of the indictment asserts that Co-Conspirator 1, or Mr. Giuliani, spoke with Co-Conspirator 6 about lawyers who “could assist in the fraudulent elector effort in the targeted states.”It also says that Co-Conspirator 6 sent an email to Mr. Giuliani “identifying attorneys in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin” — the same seven states mentioned in the email reviewed by The Times.Maggie Haberman More

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    A President Accused of Betraying His Country

    Of all the ways that Donald Trump desecrated his office as president, the gravest — as outlined in extraordinary detail in the criminal indictment issued against him on Tuesday — was his attempt to undermine the Constitution and overturn the results of the 2020 election, hoping to stay in office.The special counsel Jack Smith got right to the point at the top of the four-count federal indictment, saying that Mr. Trump had knowingly “targeted a bedrock function of the United States federal government: the nation’s process of collecting, counting and certifying the results of the presidential election.”Bedrock. It’s an apt word for a sacred responsibility of every president: to honor the peaceful transfer of power through the free and fair elections that distinguish the United States. Counting and certifying the vote, Mr. Smith said, “is foundational to the United States democratic process, and until 2021, had operated in a peaceful and orderly manner for more than 130 years,” since electoral counting rules were codified. Until Mr. Trump lost, at which point, the indictment makes clear, he used “dishonesty, fraud and deceit to impair, obstruct and defeat” that cornerstone of democracy.The criminal justice system of the United States had never seen an indictment of this magnitude. It’s the first time that a former president has been explicitly accused by the federal government of defrauding the country. It’s the first time a former president has been accused of obstructing an official proceeding, the congressional count of the electoral votes. Mr. Trump also stands accused of engaging in a conspiracy to deprive millions of citizens of the right to have their votes counted. This fraud, the indictment said, led directly to a deadly attack by Mr. Trump’s supporters on the seat of American government.It’s the third criminal indictment of Mr. Trump, and it demonstrates, yet again, that the rule of law in America applies to everyone, even when the defendant was the country’s highest-ranking official. The crimes alleged in this indictment are, by far, the most serious because they undermine the country’s basic principles.The prosecution’s list of false voter fraud claims made by Mr. Trump and his associates is extensive: that 10,000 dead people voted in Georgia, that there were tens of thousands of double votes in Nevada, 30,000 noncitizens voting in Arizona and 200,000 mystery votes in Pennsylvania, as well as suspicious vote dumps and malfunctioning voting machines elsewhere.After presenting this list, the indictment makes its case with 12 simple but searing words: “These claims were false, and the defendant knew that they were false.” Mr. Smith points out how many people told Mr. Trump that he was repeating lies. He was told by Vice President Mike Pence that there was no evidence of fraud. He was told the same thing by the Justice Department leaders he appointed, by the director of national intelligence, by the Department of Homeland Security, by senior White House attorneys, by leaders of his campaign, by state officials and, most significantly, by dozens of federal and state courts. The indictment emphasizes that every lawsuit filed by Mr. Trump and his allies to change the outcome was rejected, “providing the defendant real-time notice that his allegations were meritless.”Demonstrating Mr. Trump’s knowledge that he was lying will be central to the prosecution’s case when it comes to trial, because Mr. Smith wants to make clear that Mr. Trump wasn’t genuinely trying to root out credible instances of voter fraud. The indictment doesn’t charge him with lying or speaking his mind about the outcome of the election, and it notes that he had the right to challenge the results through legal means. But the charges show in detail how, after all those methods failed, his “pervasive and destabilizing lies” set the table for the criminal activity that followed, specifically fraud, obstruction and deprivation of rights. As much as defense lawyers are trying to frame the case as an attack on Mr. Trump’s free speech, the indictment makes clear that it was his actions after Election Day that were criminal.That “criminal scheme” began, the indictment says, on Nov. 14, 2020, when Mr. Trump turned to Rudy Giuliani (acknowledged by his lawyer to be “co-conspirator 1”) to challenge the results in the swing state of Arizona, which Mr. Trump had lost. “From that point on,” the charges state, “the defendant and his co-conspirators executed a strategy to use knowing deceit in the targeted states,” which also included Georgia, Michigan, Pennsylvania and Wisconsin. In an example cited in the charges, Mr. Giuliani sent a text to the Senate majority leader in Michigan on Dec. 7 demanding that the legislature pass a resolution saying the election was in dispute and that the state’s electors were not official. That demand was refused, but Mr. Trump continued to claim that more than 100,000 ballots in Detroit were fraudulent.The scope of Mr. Trump’s plot touched every level of American political life. While the four federal crimes charged by Mr. Smith all relate to the same set of facts, three of those crimes, one for fraud and two related to obstruction of a proceeding, are crimes against the U.S. government. The fourth crime is against the American people, millions of whom Mr. Trump sought to deprive of their right to have their vote counted. This crime carries a sentence of up to 10 years in prison.It appears increasingly likely that Mr. Trump will soon face charges for crimes against yet another level of American government — the states — as the district attorney in Atlanta reaches the final stages of a grand jury investigation into his pressure campaign to get Georgia to reverse its certified vote count and award its 16 electors to him instead of Joe Biden.The former president responded to this latest and most serious indictment in his customary style, denouncing it as “corrupt” and invoking, among other things, the “Biden Crime Family” and Nazi Germany. Mr. Smith, a veteran prosecutor on the International Criminal Court who has prosecuted far more brutal and popular leaders than Mr. Trump, has surely heard it all before. But that does not excuse the support Mr. Trump is receiving from his Republican allies in Congress, who insist that this prosecution is political and have helped damage the respect for the criminal justice system in the minds of so many voters. Yes, some in Mr. Trump’s party, including his former vice president, have stood up for democratic norms in the wake of these indictments, and yet it is impossible to ignore those who have not. These attacks are dangerous and have led to death threats against prosecutors, judges and other civil servants for doing their jobs.If Mr. Smith’s previous indictment of Mr. Trump is any indication, we have not heard the end of the charges in this case. In that earlier case, which charged Mr. Trump with illegally hoarding and refusing to return highly classified documents after he left office, the special counsel issued a superseding indictment last week, adding serious obstruction charges against the former president and one of his aides at Mar-a-Lago. It would not be surprising if Mr. Smith has more coming in the new case as well, whether additional evidence of Mr. Trump’s lawbreaking or charges against his co-conspirators, who are not named in the indictment but who are readily identifiable. Several are lawyers who advised or worked for the former president, including Mr. Giuliani, Sidney Powell and John Eastman.In many ways, the indictment continues the work of the House Jan. 6 committee, which uncovered many of the same allegations. Several of the committee’s members had urged this prosecution, particularly after the Senate failed to convict Mr. Trump after he was impeached for his role in the Jan. 6 insurrection. After he voted to acquit Mr. Trump, Senator Mitch McConnell, the Republican leader, said there were other ways to bring Mr. Trump to account. “We have a criminal justice system in this country,” he said. “We have civil litigation. And former presidents are not immune from being accountable by either one.”In that, at least, Mr. McConnell was right. A former president is now being charged with extreme abuse of office and will eventually be judged by a jury. Mr. Trump tried to overturn the nation’s constitutional system and the rule of law. That system survived his attacks and will now hold him to account for that damage.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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    Testimony Suggests Trump Was at Meeting About Accessing Voting Software in 2020

    In a letter to federal officials, a liberal-leaning group highlighted testimony to the House Jan. 6 committee that described then-President Trump attending a meeting about the plan in December 2020.ATLANTA — Former President Donald J. Trump took part in a discussion about plans to access voting system software in Michigan and Georgia as part of the effort to challenge his 2020 election loss, according to testimony from former Trump advisers. The testimony, delivered to the House Jan. 6 committee, was highlighted on Friday in a letter to federal officials from a liberal-leaning legal advocacy group.Allies of Mr. Trump ultimately succeeded in copying the elections software in those two states, and the breach of voting data in Georgia is being examined by prosecutors as part of a broader criminal investigation into whether Mr. Trump and his allies interfered in the presidential election there. The former president’s participation in the discussion of the Georgia plan could increase his risk of possible legal exposure there.A number of Trump aides and allies have recounted a lengthy and acrimonious meeting in the Oval Office on Dec. 18, 2020, which one member of the House Jan. 6 committee would later call “the craziest meeting of the Trump presidency.” During the meeting, then-President Trump presided as his advisers argued about whether they should seek to have federal agents seize voting machines to analyze them for fraud.Testimony to the Jan. 6 committee from one aide who attended the meeting, Derek Lyons, a former White House staff secretary and counselor, was highlighted on Friday in a letter to the Justice Department and the Federal Bureau of Investigation from Free Speech for People, a liberal nonprofit legal advocacy group. Mr. Lyons recounted that during the meeting, Rudolph W. Giuliani, then Mr. Trump’s personal attorney, opposed seizing voting machines and spoke of how the Trump campaign was instead “going to be able to secure access to voting machines in Georgia through means other than seizure,” and that the access would be “voluntary.”Other attendees offered similar testimony to the committee, which released its final report on the Jan. 6 attack on the U.S. Capitol in late December. Among those involved in the Oval Office discussion were two prominent pro-Trump conspiracy theorists: Michael Flynn, the former national security adviser, and Sidney Powell, a lawyer who spread numerous falsehoods after the 2020 election and who also discussed Mr. Giuliani’s comments in her testimony.Fani T. Willis, the district attorney in Fulton County, Ga., is trying to clarify Mr. Trump’s role in a number of efforts to overturn his November 2020 election loss in Georgia — including the plan to gain access to voting machine data and software — and determine whether to recommend indictments for Mr. Trump or any of his allies for violating state laws.A spokesman for Ms. Willis’s office declined to comment Friday on Mr. Lyons’s testimony. Marissa Goldberg, an Atlanta-area lawyer representing Mr. Trump in Georgia, did not respond to a request for comment.In its letter, Free Speech for People argued that the testimony and other details that have been made public prove that Mr. Trump “was, at a minimum, aware” of an “unlawful, multistate plot” to access and copy voting system software. The group urged the Justice Department and the F.B.I. to conduct “a vigorous and swift investigation.”On Jan. 7, 2021, a small group working on behalf of Mr. Trump traveled to rural Coffee County, Ga., some 200 miles southeast of Atlanta, and gained access to sensitive election data; subsequent visits by pro-Trump figures were captured on video surveillance cameras.The group’s first visit to Coffee County occurred on the same day that Congress certified President Biden’s victory; the certification had been delayed by the storming of the Capitol by a pro-Trump mob. The visitors to Coffee County apparently saw it as an ideal place to gather intelligence on what they viewed as voting irregularities: At one point, video footage shows the then-chair of the Coffee County Republican Party, Cathy Latham, appearing to welcome into the building the members of a forensics company hired by Ms. Powell.Ms. Latham was also one of the 16 pro-Trump fake electors whom Georgia Republicans had assembled in an effort to reverse the election results there.Text messages from that period indicate that some Trump allies seeking evidence of election fraud had considered other uses for the Coffee County election data and their analyses of it. One cybersecurity consultant aiding in the effort even raised the possibility, in a text message to other Trump allies in mid-January 2021, of using a report on Coffee County election data “to try to decertify” a highly consequential United States Senate runoff election that Democrats had just won in Georgia. CNN reported on the existence of that text message on Friday.The Trump allies who traveled to Coffee County copied elections software used across the state and uploaded it on the internet, creating the potential for future election manipulation, according to David Cross, a lawyer involved in civil litigation over election security in Georgia filed by the Coalition for Good Governance. The Coffee County data was also used earlier this year in a presentation to conservative activists that included unfounded allegations of electoral fraud, The Los Angeles Times has reported.Some of those involved with the Coffee County effort came to regret it. A law firm hired by SullivanStrickler, the consulting firm hired by Ms. Powell to help gain access to the county’s voting machines, would later release a statement saying that, “With the benefit of hindsight, and knowing everything they know now, they would not take on any further work of this kind.” More

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    What Next for Dominion After Its $787.5 Million Fox Settlement

    The election technology company has several more defamation lawsuits pending against public figures and news outlets.Dominion Voting Systems did more on Tuesday than settle its lawsuit against Fox News for $787.5 million: It also set the tone for the many related defamation cases it has filed. Legal experts say the settlement with Fox News, one of the largest defamation payouts in American history, could embolden Dominion as it continues to defend its reputation, which it says was savaged by conspiracy theories about vote fraud during the 2020 election. The company has several cases pending against public figures including Mike Lindell, the MyPillow executive, and news outlets such as Newsmax.The targets of Dominion’s remaining lawsuits, few of which have deep pockets and legal firepower at Fox’s level, will likely take a cue from Dominion and Fox’s face-off, legal experts said.“Even though it was a settlement, it certainly was a victory for Dominion,” said Margaret M. Russell, a law professor at Santa Clara University. “For other possible defendants, I don’t think this will make them double down; it will make them fearful.”Dominion is the second-largest election technology company operating in the United States, where there are few other major players. The company, whose majority owner is the private equity firm Staple Street Capital, was made “toxic” by the false fraud narratives in 2020, one of Staple Street’s founders said in court documents. At one point, Dominion estimated that misinformation cost it $600 million in profits.Fox said in its court filings that Dominion did not have to lay off employees, close offices or default on any debts, nor did it suffer any canceled business contracts as a result of the news network’s coverage. Fox said in one filing that Dominion had projected $98 million in revenue for 2022, which would make Tuesday’s settlement the equivalent of eight years of sales.Dominion’s customers are largely officials who oversee voting in states and counties around the country; the company served 28 states, as well as Puerto Rico, in the 2020 election. The false stories about fraud that were directed at the company were embraced by some local election officials.In court documents, an expert enlisted by Dominion said that the company had very low early contract termination rates and very high contract renewal rates before the 2020 election, but blamed the preoccupation with the false fraud claims for prompting some clients to exit deals after the vote.Now, Dominion has emerged from its tussle with Fox in a stronger position to win back any skittish clients or score new business, legal experts said.Last month, the judge in Dominion’s case against Fox reviewed evidence of the false claims and wrote that it “is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true,” effectively confirming that the company was aboveboard.The secretary of state of New Mexico, Maggie Toulouse Oliver, applauded Tuesday’s settlement.“The harm done by election lies/denialism since 2020 is immeasurable, but this settlement against Fox News provides accountability & sends a strong message we’re happy to see,” Ms. Toulouse Oliver wrote on Twitter. During the midterm primaries last year, she blamed “unfounded conspiracy theories” when she sued officials in Otero county who had cited concerns about Dominion machines in their refusal to certify election results.Fox acknowledged in a statement on Tuesday that some of the claims it had made about Dominion were false, saying that the admission “reflects Fox’s continued commitment to the highest journalistic standards.”John Poulos, Dominion’s founder and chief executive, said in a statement on Tuesday that Fox caused “enormous damage” to his company and “nothing can ever make up for that.” He also thanked the election officials who make up Dominion’s clientele, and nodded to Staple Street’s support. “Lies have consequences,” a lawyer for Dominion Voting Systems said during a news conference.Pete Marovich for The New York TimesDominion drew some complaints that by settling, it had given up the opportunity to extract an apology from Fox or force it through a potentially embarrassing trial. An opinion article in the Daily Beast bemoaned that the voting technology company had “decided to step out of the ring with a bag of money instead of vanquishing one of the country’s most destructive and influential peddlers of hate and disinformation.”Mr. Poulos called the settlement “a big step forward for democracy” in an interview with ABC News broadcast on Wednesday.Legal experts noted that even if Dominion had prevailed in a jury verdict, it would have risked years of expensive battles over appeals from Fox.“The tort of defamation is not about saving democracy from liars,” said Enrique Armijo, a professor and First Amendment expert at Elon University School of Law. “It’s about saving the reputation of the people who have been lied about and making those liars compensate them for the harms to their reputations.”Fox still faces other legal challenges, including a $2.7 billion defamation lawsuit from another election technology company, Smartmatic. Fox said it planned to defend freedom of the press in the case and called Smartmatic’s damages claims “outrageous, unsupported and not rooted in sound financial analysis.” Smartmatic said in a statement that, after the Dominion settlement, it “will expose the rest” of the “misconduct and damage caused by Fox’s disinformation campaign.”Dominion, too, has more cases pending, including against the pro-Trump lawyer Rudolph W. Giuliani and One America News Network. Although the lawsuits involve similar false claims of election fraud, the facts of each case vary, experts said.Attorneys for Mr. Lindell and Mr. Giuliani did not immediately respond to requests for comment, nor did Newsmax or OAN.For the individuals and smaller companies facing legal claims, for whom a substantial jury judgment could be an “existential” threat, settlement may seem more attractive after Tuesday, Mr. Armijo said.“They’re not going to be able to put up the same level of defense that Fox did; they just don’t have the resources to do it,” he said. “It’s hard to see the other defamation defendants in the remaining cases getting any further than Fox did, which, as we saw, is not very far.” More