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    Así fue la audiencia en la que se formularon los cargos contra Trump

    Estos son algunos de los momentos más importantes de la comparecencia del expresidente ante la corte.NUEVA YORK — El expresidente Donald Trump se sentó en silencio en la sala del juzgado de Manhattan, el martes, mientras los fiscales formulaban las acusaciones en su contra. El procedimiento fue su primera experiencia como acusado penal.Una transcripción de 32 páginas de la audiencia solo ofrece un indicio de las consecuencias dramáticas de la comparecencia y el largo proceso legal que se avecina. Es uno de los procesos judiciales más esperados del mundo. Y, sin embargo, solo lo vieron de primera mano las pocas decenas de personas que estuvieron presentes en la sala donde se dieron a conocer los delitos que se le imputan a Trump.A continuación, presentamos algunos de los momentos más importantes de la audiencia:La audiencia comienza y Trump hace su declaraciónEL TRIBUNAL: Vamos a instruir al señor Trump.EL SECRETARIO DEL JUZGADO: Donald J. Trump, el Gran Jurado del condado de Nueva York ha presentado la acusación formal 71543 del año 2023 en la que se le imputan los delitos de 34 cargos de falsificación de registros empresariales en primer grado. ¿Cómo se declara ante esta acusación formal: culpable o no culpable?TRUMP: No culpable.En la sala del tribunal, las persianas estaban cerradas cuando Trump entró cerca de las 02:30 p. m., con un traje azul marino, corbata roja y un semblante inexpresivo. Estuvo flanqueado por agentes judiciales armados, mientras caminaba por el pasillo hacia el frente. Se autorizó a los fotógrafos para que entraran al palco del jurado para tomarle una foto, y él giró la cabeza y miró fijamente a las cámaras hasta que los fotógrafos tuvieron que marcharse.La comparecencia de Trump no comenzó de inmediato. Se vio obligado a esperar unos 10 minutos, sentado en silencio en la mesa de la defensa, mientras un abogado que representaba a organizaciones de medios de comunicación pedía que se concediera a los periodistas más acceso al procedimiento. El exmandatario hizo una mueca de burla cuando ese abogado afirmó que se podía confiar en los periodistas profesionales.Cuando el abogado terminó de hablar, el juez Juan Merchan, quien en la transcripción es identificado como “El tribunal”, pidió que Trump compareciera. Al expresidente se le leyeron los cargos que se le imputaban: 34 delitos graves de falsificación de registros empresariales. En la silenciosa sala, Trump se inclinó hacia delante y, hablando por el micrófono de la mesa de la defensa, dijo que era no culpable.Un fiscal presenta el casoSR. CONROY: El acusado, Donald J. Trump, falsificó registros empresariales de Nueva York con el fin de ocultar una asociación delictiva para socavar la integridad de las elecciones presidenciales de 2016 y otras violaciones a las leyes electorales.Chris Conroy, fiscal de la oficina del fiscal del distrito de Manhattan, se levantó y comenzó a detallar los cargos. Se derivan del pago de una suma de dinero para silenciar a una actriz porno, Stormy Daniels, que Michael Cohen, quien era un colaborador de Trump, pagó en el periodo previo a las elecciones de 2016. Trump reembolsó el dinero a Cohen después de ser elegido. Los fiscales acusan al exmandatario de orquestar la creación de registros empresariales falsos relacionados con los reembolsos.La falsificación de registros empresariales solo es un delito grave en el estado de Nueva York cuando se comete con la intención de “cometer u ocultar” otro delito. Al decir que Trump había falsificado registros “para ocultar una asociación delictiva”, Conroy ofreció un posible avance del caso más amplio de la fiscalía contra Trump.Los miembros del equipo de la defensa recibieron copias de la acusación. Trump le entregó una copia a uno de sus abogados, Joseph Tacopina. El exmandatario fue la única persona en la mesa de la defensa que no aceptó una copia.Las recientes publicaciones de Trump en las redes sociales se incorporan al expedienteUn momento extraordinario sucedió cuando Conroy comenzó a referirse a las publicaciones recientes que Trump ha hecho en las redes sociales. El expresidente prometió que en caso de que lo acusaran habría “muerte y destrucción” y publicó lenguaje racista e imágenes amenazantes dirigidas contra el fiscal de distrito Alvin Bragg.SR. CONROY: Nos preocupa mucho el peligro potencial que este tipo de retórica supone para nuestra ciudad, para los posibles jurados y testigos, así como para el proceso judicial.A continuación, Conroy repartió copias impresas de los mensajes de Trump al juez y al equipo de la defensa. El expresidente le dio su copia a Tacopina, pero un minuto después se la pidió de vuelta, haciéndole señas con la mano derecha. Otro de sus abogados, Todd Blanche, se opuso enérgicamente a los comentarios de Conroy sobre las publicaciones en las redes sociales.SR. BLANCHE: Es cierto que el expresidente Trump ha respondido y que lo ha hecho con contundencia. Es cierto que, como parte de esa respuesta, está absolutamente frustrado, molesto y cree que su presencia en esta sala del tribunal es una grave injusticia.Blanche afirmó que Trump “tiene derechos y se le permite pronunciarse públicamente”.Eso pareció incitar a Merchan, quien habló con calma y seriedad, cuando respondió que no tenía la intención inmediata de imponerle una “orden de mordaza” a Trump, en contra de las preocupaciones expresadas recientemente por el equipo jurídico del expresidente. Los fiscales no han solicitado una orden de mordaza.EL TRIBUNAL: Ciertamente, el tribunal no impondría una orden de mordaza en este momento aunque se solicitara. Esas restricciones son las más serias y menos intolerables sobre los derechos de la Primera Enmienda. Eso aplica por partida doble al señor Trump, porque es candidato a la presidencia de Estados Unidos. Así que es evidente que esos derechos de la Primera Enmienda tienen una importancia crítica.Pero Merchan, quien es juez de la Corte Suprema estatal desde 2009, le advirtió a la defensa que hablara con Trump “y cualquier otra persona con la que sea necesario y les recuerden que, por favor, se abstengan de hacer declaraciones que puedan incitar a la violencia o a los disturbios civiles”.La fiscalía detalla las posibles restricciones a TrumpSRA. MCCAW: El acusado no puede proporcionar los materiales que recibe a través del proceso de presentación de pruebas a terceros, lo que incluye a la prensa, y no puede publicarlos en las redes sociales.Mientras Trump seguía sentado en silencio, Catherine McCaw, otra fiscal, le dijo al juez que su equipo estaba trabajando con los abogados de Trump para redactar una orden de protección, un documento que le pondría ciertas restricciones al exmandatario.La fiscal explicó que una de esas restricciones le prohibiría al expresidente publicar material específico del caso en las redes sociales o compartirlo con los reporteros. Si Trump viola alguna de las restricciones establecidas, Merchan decidiría si lo sanciona y cómo hacerlo.Trump vuelve a hablarA medida que se desarrollaba su audiencia de instrucción, Trump se mostraba cada vez más inquieto. Entrelazaba y desentrelazaba los dedos una y otra vez. Cruzaba y descruzaba los brazos. Golpeó la mesa con los nudillos. En una ocasión, infló las mejillas en un suspiro impaciente.Por último, más de media hora después de que hizo su declaración de inocencia, habló de nuevo —tras la indicación de sus abogados—, pero solo para responderle al juez cuando informó sobre su derecho a estar presente en el proceso y de las formas en que podía perder ese derecho.EL TRIBUNAL: Si perturba hasta tal punto que afecte a mi capacidad para presidir este caso y mi capacidad para garantizar que el caso se juzgue de la manera que debe juzgarse para ambas partes, tengo la autoridad para sacarlo de la sala y continuar en su ausencia, ¿comprende?ACUSADO SR. TRUMP: Sí, comprendo.El juez solicita la presencia de TrumpEL TRIBUNAL: Espero que todos los demás acusados comparezcan ante el tribunal, incluso los acusados de alto perfil.Teniendo en cuenta que Trump estaba acusado de delitos no violentos, los fiscales tenían prohibido siquiera solicitar su encarcelamiento. Mientras Merchan se preparaba para dejar ir al expresidente, Blanche insinuó que Trump podría no comparecer a su próxima cita con el tribunal, prevista para el 4 de diciembre. Cuando se le preguntó por su razonamiento, Blanche citó “el increíble gasto y esfuerzo y los problemas de seguridad” que conllevó la comparecencia.El juez reconoció que había sido una empresa enorme para todos los implicados. Pero señaló que faltaba “bastante para diciembre”. Por último, señaló que “en aras de la transparencia y para garantizar la imparcialidad de las normas jurídicas”, iba a discrepar de Blanche. La implicación: en la medida de lo posible, el juez pretende tratar a Trump como a cualquier otro acusado.Cuando se levantó la sesión alrededor de las 03:25 p. m., Trump fue la persona de la mesa de la defensa que se levantó con más lentitud. Se alisó las solapas de la chaqueta de su traje azul, ordenó un montón de papeles que había frente a él y salió de la sala.Embed Only More

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    On Deadline, Decoding the Trump Indictment

    Michael Rothfeld had just hours to annotate 29 pages of documents related to the charges against Donald J. Trump.Times Insider explains who we are and what we do and delivers behind-the-scenes insights into how our journalism comes together.Just after 3:30 p.m. on Tuesday, a news release from the Manhattan district attorney’s office landed in the inbox of Michael Rothfeld, an investigative reporter on the Metro desk of The New York Times: The indictment of Donald J. Trump had been unsealed. It was go time.Over the next several hours, Mr. Rothfeld combed through the 16-page indictment charging Mr. Trump with 34 counts of falsifying business records in the first degree, a low-level felony in New York State. The charges center on a hush-money deal with the porn star Stormy Daniels during the 2016 presidential campaign. (Mr. Trump pleaded not guilty.) Mr. Rothfeld also scrutinized a 13-page “statement of facts” in which the Manhattan district attorney, Alvin L. Bragg, outlined a larger scheme that he said Mr. Trump and others orchestrated during the 2016 campaign to avoid negative press.Mr. Rothfeld, who was part of the team at The Wall Street Journal that won a Pulitzer Prize in 2019 for reporting on hush-money deals made on behalf of Mr. Trump, got to work annotating each document for an interactive Times piece, which allowed readers to see the files alongside expert context. The format was built by Charlie Smart, an editor on the Graphics desk; he started brainstorming for it in mid-March. “We weren’t sure when it would come,” Mr. Smart said of the indictment. “But we wanted to be ready.”As Mr. Rothfeld completed each annotation, Mr. Smart and Dagny Salas, a deputy Metro editor, reviewed it and added it to the article. In addition to the online display, the annotated document appeared in some print issues on Wednesday.In an interview, Mr. Rothfeld shared how he approached the annotation process and why it was beneficial for readers to see the actual documents.After receiving the documents, what was your first step?I skimmed the indictment first. It had a lot of echoes, so I didn’t read every word. All 34 counts were identical, but there were some differences in the types of records Trump was accused of falsifying.Once I had absorbed how the document was structured and what was repeated, I chose one example to annotate and pointed out how the context we were providing also applied to the other charges.Charlie had created a Google Doc, and that’s where I inputted my copy: the page number of the indictment, the section I wanted to highlight and the text of my annotation. The text was edited in the Google Doc before Charlie put it into the actual document.How long did it take you to get the first version of the article published?Not long after getting the documents, we posted them — without any annotations — just to get them up so people could see them. After that, I kept adding annotations. I’ve done a lot of reporting on legal issues and on the Trump hush-money payments, so I already had that knowledge base.Were you able to prewrite any annotations?We couldn’t prewrite anything without knowing what was in the indictment.How did you balance explaining general legal terminology with providing context on details specific to this indictment?I wanted to include some basic things like how this indictment came about, the fact it was voted on by a grand jury made up of regular New Yorkers who had been sitting for months. Then I highlighted the first instance of the particular crime Trump was charged with 34 times and explained that it’s more than a misdemeanor but the lowest felony you can have. I didn’t want to use technical jargon. I wanted people to understand the context and importance in the clearest possible terms.What is the benefit of readers’ being able to see the actual documents?It helps people trust what they’re looking at when they’re reading the actual document versus if they’re just relying on what I was choosing to highlight if I were writing a traditional article. It gives them a better window into the process of what’s happening in the case, with a little expertise to guide them through what they’re looking at.Were you surprised by anything?I was surprised that the second document, the statement of facts, contained a lot of color and narrative. That one was more fun to annotate because I could try to signpost the story being told by the district attorney of how hush money was paid by Trump throughout the 2016 election to various unnamed characters. I could go through the document and say, “OK, this begins the story of Stormy Daniels, who’s here referred to as Woman 2,” so you could follow along as you were reading the document. I felt like a narrator. More

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    How Fox Chased Its Audience Down the Rabbit Hole

    Listen to This ArticleAudio Recording by AudmOn the evening of Nov. 19, 2020, Rupert Murdoch was watching TV and crawling the walls of his 18th-century mansion in the British countryside while under strict pandemic lockdown. The television hosts at Murdoch’s top cable network, Fox News, might have scoffed at such unyielding adherence to Covid protocols. But Jerry Hall, his soon-to-be fourth ex-wife and no fan of Fox or its conservative hosts, was insisting that Murdoch, approaching his 90th birthday, remain cautious.The big story that day, as it had been every day in the two weeks since the election, was election theft, and now Rudolph W. Giuliani was giving a news conference at the Republican National Committee. With Sidney Powell, the right-wing attorney and conspiracy theorist, at his side, Giuliani, sweating profusely, black hair dye dripping down the side of his face, spun a wild fantasy about Joe Biden’s stealing the election from President Donald J. Trump. Dizzying in its delusional complexity, it centered on a supposed plot by the Clinton Foundation, George Soros and associates of Hugo Chávez to convert Trump votes into Biden votes by way of software from Smartmatic and voting machines from Dominion Voting Systems.Murdoch wasn’t pleased. He had built the most powerful media empire on the planet by understanding what his audience wanted and giving it to them without fear or judgment. But Trump now appeared to be making a serious bid to overturn a legitimate election, and his chaos agents — his personal lawyer Giuliani chief among them — were creating dangerous new appetites. Now Murdoch was faced with holding the line on reporting the facts or following his audience all the way into the land of conspiracy theories. Neither choice was necessarily good for business. At 5:01 p.m. London time, he sent an email to his friend Saad Mohseni — an Afghan Australian media mogul sometimes referred to as the Afghan Rupert Murdoch — from his iPhone. “Just watched Giuliani press conference,” he wrote. “Stupid and damaging.” Shortly after, he sent another email, this one to his Fox News chief executive, Suzanne Scott: “Terrible stuff damaging everybody, I fear. Probably hurting us, too.”Murdoch had for weeks — for years, really — avoided making a choice. Trump and his supporters were already furious at Fox News for being the first network to call Biden the victor in Arizona, and two newer cable networks were offering them a version of reality more fully on Trump’s terms. One of them, Newsmax, was moving up in the ratings while refusing to call Biden the winner. When Murdoch’s own paper, The Wall Street Journal, reported a few days before Giuliani’s news conference that Trump allies were considering pouring money into Newsmax to help it mount a stiffer challenge to Fox, Murdoch alerted Scott to the piece. Fox would have to play this just right, he said in an email. Take Giuliani with “a large grain of salt,” he wrote, but also be careful not to “antagonize Trump further.”The network’s coverage of the Giuliani news conference showed just how impossible this balancing act would be. Immediately afterward, a Fox News White House correspondent, Kristin Fisher, went to the network’s camera position outside the West Wing and fact-checked the allegations. “So much of what he said was simply not true,” she told Fox viewers. Giuliani, she said, provided no hard proof for a claim that “really cuts to the core of our democratic process.” Fox’s opinion hosts, who had been broadcasting the Giuliani-Powell Dominion fantasies to varying degrees themselves — some appearing to endorse them outright — had been complaining internally that the news division’s debunking efforts were alienating the core audience. An executive at the Fox Corporation, the network’s parent company, had recently started a brand protection effort to, among other tasks, “defend the brand in real time.” After Fisher’s segment, the group sent an alert to top news executives. In a follow-up email, Scott vented to a deputy. “I can’t keep defending these reporters who don’t understand our viewers and how to handle stories,” she wrote. “We have damaged their trust and belief in us.” One of Fisher’s bosses told her that she needed to do a better job of “respecting our audience,” and Fisher later complained of feeling sidelined. More

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    Trump’s Indictment Is Karmic Justice, Regardless of the Verdict

    Finally, here we are: Donald Trump’s first indictment. The 34 felony counts unsealed at his arraignment this week focus on the falsification of business records in the first degree, a low-level felony charge. This indictment may not prove to be the rock-solid legal case one might hope it to be. It neither addresses the gravest allegations leveled at Trump — subverting the vote, attempted coup, rape — nor is it the most potentially persuasive case against him under consideration. Whether the evidence proves strong enough to convict him will be up to legal analysts to parse and ultimately, a jury to decide months from now.But for the moment, let’s appreciate the karmic justice of these particular charges — no matter the outcome. Falsifying business records to cover up hush money payments to a porn star, brings us full circle to the sleaziness we knew about well before Trump ever set foot in office. In the indictment’s focus on Trump’s financial malfeasance and his flagrant misogyny, the charges recall two pivotal events that took place before his election: his failure to disclose his tax returns and the contemptuous behavior revealed in the “Access Hollywood” tape.Both told us everything we could have expected from a Trump presidency. Both should have stopped Trump from becoming president. And the fact that they didn’t — that roughly half of American voters were willing to overlook Trump’s moral failings in the service of politics — shows why the country is still so intractably polarized. But neither side can claim it didn’t know exactly the kind of person who was elected in the first place.Let’s step back, then, to Trump’s emergence as a presidential candidate in the 2016 election. Anyone who’d been following his antics for decades assumed, wrongly, that nobody would take seriously the prospect of a corrupt businessman, third-tier reality TV showman and object of tabloid ridicule as president.That many Americans nonetheless did take the prospect seriously seemed bound to be undone by those two pre-election events. First, Trump’s refusal to release his tax records was a departure from years of accepted practice. If he had nothing to hide, he would have shared his returns. If he had been telling the truth, he wouldn’t have repeatedly said he intended to share his returns. And if he couldn’t abide by this seemingly innocuous precedent, we knew he would not follow others. And that’s what we got: the blatant graft that marked his term in office, whether it was his rampant financial conflicts of interest, his frequent self-dealings and misuse of the Trump International Hotel and other properties or the taxpayer-funded excesses and shady profit-seeking by members of his extended family.The second event was the release of the “Access Hollywood” tape, which revealed a man with such disdain for women that he would respect neither their humanity nor their bodily autonomy. To anyone paying attention, Trump’s vocal contempt for women had been on display in New York and on “The Howard Stern Show” for decades. But “Access Hollywood” made it plain to everyone, immediately before the election, exactly what kind of man they were getting: one who would callously separate mothers from their children at the border and deliberately appoint people to the Supreme Court who would overturn Roe v. Wade.Perhaps Trump himself recognized the parallel. As The Times reporter Maggie Haberman noted on the day he pleaded not guilty to the charges, “One of the few times Trump has looked as angry as he just did was when he was at the second presidential debate with Hillary Clinton two days after the infamous ‘Access Hollywood’ tape became public in October 2016.”Lying. Cheating, personally and professionally. Financial misdeeds. Sexism. Whatever the eventual outcome of this trial, the moral and political case against Trump now echoes the case against Trump back then.Last Thursday night at the end of a Broadway performance of “Parade,” a musical about the wrongful murder conviction of Leo Frank in Georgia in 1913, the star Ben Platt addressed the audience after the ovations to contrast that woeful history with the rightful indictment of Donald Trump that day. The audience’s resounding cheers in response may have surpassed the considerable applause for the performance itself.Some say the indictment of a former president, however justified, is no cause for celebration. That we should not be happy that a former American president has been charged with a crime. That it sets a dangerous precedent on the road to banana republic-dom.But we should be happy that this president was indicted.Too many years of knowing that Trump’s time in office would deliver on the sleaziness of its promise. Too many years of an endless cycle of revelations and accusations met with impunity have felt like an inconceivable injustice to those of us who continue to believe — against often crushing evidence to the contrary — in the existence of any kind of justice at all. There is, it must be said, a deep satisfaction in knowing that after too many years of suffering through the Trump we got, Trump himself finally has been gotten.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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    What It Was Like Inside the Courtroom During Trump’s Arraignment

    Here are some of the most important moments from the hearing where criminal charges against Donald Trump were unveiled.Former President Donald J. Trump sat quietly in a Manhattan courtroom on Tuesday as prosecutors described the accusations against him. The proceeding marked his first experience as a criminal defendant.A 32-page transcript of the hearing offers only a hint of the dramatic implications of the arraignment and the lengthy legal process to come. It was one of the most-anticipated court proceedings in the world. And yet, it was seen firsthand only by the few dozen people who were present in the courtroom where the charges against Mr. Trump were unveiled.Here are some of the most important moments from the arraignment:The hearing begins, and Mr. Trump pleads.THE COURT: Let’s arraign Mr. Trump.THE CLERK: Donald J. Trump, the grand jury of New York County has filed indictment 71543 of 2023 charging you with the crimes of 34 counts of falsifying business records in the first degree.How do you plead to this indictment, guilty or not guilty?DEFENDANT MR. TRUMP: Not guilty.The shades were down in the courtroom when Mr. Trump entered around 2:30 p.m., wearing a navy suit, a red tie and a blank expression. Armed court officers flanked him on both sides as he walked down the aisle toward the front. Photographers were briefly allowed to enter the jury box to take his picture, and he turned and stared at the cameras until their operators were made to leave.Mr. Trump’s arraignment did not begin immediately after he came in. He was compelled to wait about 10 minutes, seated silently at the defense table, as a lawyer representing media organizations requested that journalists be granted more access to the proceeding. Mr. Trump visibly scoffed when that lawyer asserted that professional journalists could be trusted.When that lawyer was finished speaking, the judge, Juan M. Merchan, referred to in the transcript as “The Court,” called for Mr. Trump to be arraigned. The former president was read the charges against him — 34 felony counts of falsifying business records. In the hushed courtroom, Mr. Trump leaned forward and, speaking into the microphone at the defense table, said that he was not guilty.A prosecutor previews the case.MR. CONROY: The defendant, Donald J. Trump, falsified New York business records in order to conceal an illegal conspiracy to undermine the integrity of the 2016 presidential election and other violations of election laws.Chris Conroy, a prosecutor with the Manhattan district attorney’s office, then stood up and began to detail the charges. They stem from a hush-money payment that Mr. Trump’s former fixer, Michael D. Cohen, paid to a porn star, Stormy Daniels, in the run-up to the 2016 election. Mr. Trump reimbursed Mr. Cohen after he was elected. Prosecutors are accusing Mr. Trump of orchestrating the creation of false business records related to the reimbursements.Falsifying business records is only a felony in New York State when it is committed with the intent to “commit or conceal” another crime. In saying that Mr. Trump had falsified records “to conceal an illegal conspiracy,” Mr. Conroy offered a potential preview of the office’s broader case against Mr. Trump.Members of the defense team were handed copies of the indictment. Mr. Trump passed a copy to one of his lawyers, Joseph Tacopina. The former president was the only person at the defense table not to accept a copy.Mr. Trump’s recent social media posts are entered into the record.An extraordinary moment came when Mr. Conroy began to reference Mr. Trump’s recent social media posts. The former president promised that “death and destruction” would follow were he to be charged and posted racist language and threatening images directed at the district attorney, Alvin L. Bragg.MR. CONROY: We have significant concern about the potential danger this kind of rhetoric poses to our city, to potential jurors and witnesses, and to the judicial process.Mr. Conroy then passed out printed copies of Mr. Trump’s posts to the judge and defense team. Mr. Trump passed his copy to Mr. Tacopina, but a minute later requested it back, beckoning with his right hand. Another of his lawyers, Todd Blanche, objected strongly to Mr. Conroy’s comments about the social media posts.MR. BLANCHE: It is true that President Trump has responded, and responded forcefully. It is true that as part of that response, he’s absolutely frustrated, upset, and believes that there is a grave injustice happening with him being in this courtroom today.Mr. Blanche asserted that Mr. Trump “ has rights, he’s allowed to speak publicly.”That appeared to prompt Justice Merchan, who spoke calmly and soberly, to respond that he had no immediate intention of placing a “gag order” on Mr. Trump, counter to concerns expressed recently by the former president’s legal team. Prosecutors have not requested a gag order.THE COURT: Certainly, the court would not impose a gag order at this time even if it were requested.Such restraints are the most serious and least intolerable on First Amendment rights. That does apply doubly to Mr. Trump, because he is a candidate for the presidency of the United States. So, those First Amendment rights are critically important, obviously.But Justice Merchan, a judge in the State Supreme Court since 2009, did warn the defense to speak to Mr. Trump “and anybody else you need to, and remind them to please refrain from making statements that are likely to incite violence or civil unrest.”The prosecution details potential constraints on Mr. Trump.MS. MCCAW: Defendant may not provide the materials he receives through the discovery process to any third party, including the press, and he may not post them to social media.As Mr. Trump continued to sit in silence, Catherine McCaw, another prosecutor, told the judge that her team was working with Mr. Trump’s lawyers to draft a protective order, a document that would place certain constraints on Mr. Trump.One of those constraints, she said, would bar the former president from posting certain case material on social media, or from sharing it with reporters. Were Mr. Trump to violate any constraints that are in place, Justice Merchan would decide whether and how to sanction him.Mr. Trump speaks again.As his arraignment went on, Mr. Trump increasingly fidgeted. He wove and unwove his fingers repeatedly. He crossed and uncrossed his arms. He knocked his knuckles on the hardwood table. Once, he puffed out his cheeks in a sigh.Finally, more than a half-hour after he entered his plea, he spoke again — after being prompted by his lawyers — but only to respond to Justice Merchan when the judge informed the former president about his right to be present at proceedings — and the ways that right could be forfeited.THE COURT: If you become disruptive to such a degree that it affects my ability to preside over this case and my ability to ensure that the case is treated the way it needs to be treated for both sides, I do have the authority to remove you from the courtroom and continue in your absence, do you understand that?DEFENDANT MR. TRUMP: I do.The judge requests Mr. Trump’s presence.THE COURT: I expect all other defendants to appear in court, even high-profile defendants.Given that Mr. Trump was charged with nonviolent crimes, prosecutors were barred from even requesting that he be put in jail. As Justice Merchan prepared to release the former president, Mr. Blanche suggested that Mr. Trump might not appear at his next court date, scheduled for Dec. 4. When asked for his reasoning, Mr. Blanche cited “the incredible expense and effort and security issues” that attended the arraignment.The judge acknowledged that it had been a huge undertaking for everyone involved. But he noted that December was “quite a ways out.” Finally, he noted that “in the interest of transparency and assuring the rules of law evenhandedly,” he was going to disagree with Mr. Blanche. The implication: As much as possible, the judge intends to treat Mr. Trump like any other defendant.When the arraignment adjourned around 3:25 p.m., Mr. Trump was the slowest person at the defense table to stand up. He smoothed the lapels of his blue suit jacket, neatened a stack of paper in front of him and walked out of the courtroom.Embed Only More

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    Trump’s Charges Bring Doubts, Hopes and Uncertainty in Both Parties

    To some Republicans and Democrats, the charges appeared flimsy and less consequential than many had hoped. To others, the case had the potential to reverberate politically.In an ordinary presidential-primary season, the indictment of a front-runner over hush money paid to a porn star would, at the least, be an opening for rivals to attack. But a day after the arraignment of former President Donald J. Trump on 34 felony counts, one thing was clear: This will not be an ordinary political season.The failure of Mr. Trump’s rivals for the Republican nomination to go on offense — indeed, their willingness to defend him — underscored the centrality of the former president in the G.O.P. His opponents appeared to be using the same playbook that a crowded field of White House hopefuls ran in 2016, laying back, absorbing Mr. Trump’s blows and hoping external factors would take him down.“The sad thing is that so many people accept it as part of the character and conduct of the former president,” Asa Hutchinson, a former governor of Arkansas who on Sunday announced that he was running for the Republican presidential nomination, said of the charges. “That’s not something from a candidate perspective that I’m wanting to dwell on.”Still, the political landscape remains uncertain as Mr. Trump’s legal peril grows.To some Republican and Democratic leaders, including former and current elected officials, strategists and others, the charges appeared to be flimsy, a hodgepodge of bookkeeping accusations that felt far less consequential than many had hoped. To others in both parties, the charges and attendant spectacle were troubling and had the potential to reverberate and hurt the former president politically.Mr. Trump leaving Trump Tower on Tuesday on his way to his arraignment. His official and potential rivals for the 2024 presidential nomination have mostly defended him against the charges. Gregg Vigliotti for The New York TimesAt the very least, the charges will have to be answered in a court of law, extending a tawdry tale of extramarital affairs into a courtroom for a party that once considered itself the home of family values.Mr. Trump might rail against the Manhattan district attorney who is leading the prosecution, Alvin L. Bragg, and the judge who will preside, but the court proceedings and possibly a trial will unfold in a potentially damaging manner as a Republican race for the White House runs alongside them.“It’s still serious,” said former Representative Reid J. Ribble of Wisconsin, a Republican critic of Mr. Trump who has doubts about the case. “Who wants to be charged with any crime? Most normal Americans will never be charged with a misdemeanor their entire life. To be charged with 30 of them? I mean, it’s shocking, and for somebody who you want to have as a leader in the country, it’s a disqualifier for me.”Mr. Trump’s arraignment on charges that he falsified business records to cover up payments to the porn star, Stormy Daniels, certainly did make history. Mr. Trump is now the first former president to face criminal charges — and he does so amid his third run for the White House.But the moment did not yield a rush to abandon him by many voters or party leaders. On Friday, the day after the news of Mr. Trump’s indictment, Sarah Longwell, a Republican pollster and Trump critic, assembled a focus group of voters who had cast ballots for him in 2016 and 2020 to ask how the charges were affecting their next vote.Every one of the voters said they would cast a ballot again for the former president, the first unanimous verdict since she began assembling such groups for the 2024 election cycle.On Wednesday, former Representative Mike Rogers of Michigan, who is exploring a run for the Republican nomination, told a Fox News reporter in New Hampshire: “Sometimes we have to put all our politics aside and say, ‘Is this the right thing to do for the country?’ This sure doesn’t look right.”“The sad thing is that so many people accept it as part of the character and conduct of the former president,” former Gov. Asa Hutchinson of Arkansas, a Republican running for president, said of the nature of the charges against Mr. Trump. Win McNamee/Getty ImagesEven conservative evangelical leaders who might be expected to look askance at the extramarital dalliances contained in the allegations were supportive, continuing a pattern of overlooking Mr. Trump’s personal conduct that dates back most prominently to their response to the “Access Hollywood” tape in 2016. Ms. Daniels said she had sex with Mr. Trump in California in 2006, as his wife, Melania Trump, was home caring for their baby, Barron, in New York.“This has already been litigated by evangelicals in 2016 and 2020,” said the Rev. Robert Jeffress, the pastor of a Texas megachurch, who delivered an opening prayer at Mr. Trump’s campaign rally in Waco last month. “And I don’t think evangelicals want to re-litigate it.”.css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Asked whether he believed Mr. Trump’s denials about having a sexual encounter with Ms. Daniels, Mr. Jeffress said that was not his judgment to make: “That’s really between him, Stormy Daniels and God.”If anything, Mr. Trump’s rivals now see a moment of peak power for him that they hope will dissipate.“Trump just got a big old shot in the arm with people who don’t like where we are and don’t trust the government,” said Katon Dawson, a former chairman of the South Carolina Republican Party who this year helped start the presidential campaign of Nikki Haley, Mr. Trump’s former ambassador to the United Nations. “They are frightened of the unfairness that seems to be coming from the judiciary right now.”Gov. Ron DeSantis of Florida, who is widely expected to be Mr. Trump’s biggest threat for the Republican presidential nomination, was silent on the subject on Wednesday, though he did win the endorsement of a conservative House Republican, Thomas Massie of Kentucky. Mr. Massie said in a text message that he had planned to make the endorsement “without regard to the arraignment, and decided not to let Alvin Bragg get in the way.”Ms. Haley, a former South Carolina governor who was the second major candidate to declare for the Republican nomination, also kept her head down. Mr. Dawson said Ms. Haley and others would bring up the charges at some point, but not at a moment when conservative voters were rallying around the former president.“There’s going to be a contest with real players eventually,” Mr. Dawson said. “Certainly, it’s Trump’s to lose right now.”The worry, even among some Trump skeptics in the G.O.P., was that charges brought by a grand jury in Manhattan would only inflame the distrust of voters, some of whom had been drifting away from the former president. Others questioned the ultimate political impact in the primary and noted that Mr. Trump could face more serious legal troubles to come — but said that for now, the moment gave his message to Republicans a new opening.“It feeds into Donald Trump’s whole theme that the Democrats are out to get him at any cost, and will stretch any law and come up with any novel legal theory to do so,” said Whit Ayres, a veteran Republican pollster. He added, “It plays right into his hands.”Democrats expressed frustration bordering on contempt.David Pepper, the former chairman of the Ohio Democratic Party, said the charges against Mr. Trump might not have been as sweeping as some of the other cases still pending against the former president. But Mr. Pepper argued that any other candidate or political figure who was accused of engaging in the same activities would be under the same microscope.“Is it as problematic as Jan. 6 or what happened at Mar-a-Lago? No,” Mr. Pepper said, referring to federal investigations into Mr. Trump’s efforts to overturn the 2020 election and his handling of classified documents. “But that doesn’t mean you don’t investigate it.”Supporters gathered on Tuesday at the top of the bridge that leads to Mar-a-Lago, Mr. Trump’s resort in Florida, and waited for his remarks after returning from New York. Hilary Swift for The New York TimesOther Democrats were sharper in their criticism.“I won’t use the word ‘criminal’ until after he’s convicted, but he’s a morally bankrupt liar, and he’s been that for a while,” State Senator Sharif Street, the chairman of the Pennsylvania Democratic Party, said of Mr. Trump.But other Democrats echoed Republicans who said the Stormy Daniels episode seemed stale after so many years, and trivial compared with more pressing kitchen-table issues. And some expressed skepticism that the charges unveiled Tuesday would change many minds.“It would be wonderful if those that worship Trump started to understand how much of a bad president he was and how much of a bad person he is,” said Raymond Buckley, the longtime chairman of the New Hampshire Democratic Party. “I’m not betting on that.”Representative Mark Pocan, Democrat of Wisconsin, suggested that the events in Manhattan were not top of mind for his constituents.“Hopefully we’re talking about actual issues and the future of the country and things kind of at that level rather than worrying about” court proceedings, Mr. Pocan said. “I don’t think that’s probably what the average person is going to be talking about. But it certainly gives them an idea of who Donald Trump is as a person and as a candidate.”Mr. Trump’s critics within the G.O.P. said his Republican rivals were again hoping that outside factors would trip him up without their having to raise a word of protest and risk alienating his core supporters. There is no more reason to believe that will work this time around, said Ms. Longwell, the Republican pollster.A spate of polling released Wednesday showed a one-on-one contest between Mr. Trump and President Biden at a dead heat. A Reuters/Ipsos survey found that 54 percent of Republicans believed the indictment would help Mr. Trump secure the presidency, even as 58 percent of Republicans said the charges that the former president paid hush money to cover up an affair were believable.“The concern is that Trump will get all the oxygen, which allows him to be the nominee,” Ms. Longwell said. More

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    Trump’s Day of Martyrdom Didn’t Go Quite as He Expected

    Court officials didn’t take a mug shot of former President Donald J. Trump at his arraignment on Tuesday. But it’s not because he didn’t want one. The authorities didn’t really need an ID photo of one of the most recognizable faces on earth.Mr. Trump wanted that mug shot, CNN reported, and when he didn’t get it, his presidential campaign put a fake one on a fund-raising T-shirt. He wanted it for the same reason he brought his private videographer from Florida to the courthouse: to contrive physical relics of his martyrdom at the hands of his leftist oppressors, proof of the vast conspiracy that he can wave at rallies and blare on his social media platform.But a few things happened on Tuesday that Mr. Trump didn’t count on. The images — and the details of the case itself — sent a far more serious message than he expected.Instead of a defiant N.Y.P.D. photo or a raised fist, the lasting image of the day may well be that of a humbled former president looking hunched, angry and nervous at the courtroom defense table, a suddenly small man wedged between his lawyers, as two New York State court officers loomed behind him in a required posture of making sure the defendant stayed in his place.And the 34 felony charges, to which Mr. Trump pleaded not guilty, turned out to be more significant and more sweeping than previously suspected. The Manhattan district attorney, Alvin Bragg, described a broad conspiracy, with Mr. Trump at the center, to falsify business records for the purpose of unlawfully influencing the 2016 presidential election. The former president, he said, “orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the defendant’s electoral prospects.”It’s been known for a while that the case revolved around hush-money payments that Mr. Trump made to a porn star, Stormy Daniels, to cover up an affair they had. Falsifying business records can sometimes be charged as a misdemeanor in New York State, and to bump up the charges to felonies requires proof that they were falsified to conceal another crime. That crime was widely believed to be a federal campaign finance violation, and some legal experts described that combination as an untested legal theory, because federal violations are outside Mr. Bragg’s jurisdiction.But it turned out that Mr. Bragg and the grand jury had more than one basis for making the charges felonies. The prosecutor argued on Tuesday that in addition to the federal campaign finance violations, Mr. Trump violated a state election law that makes it a crime to prevent any person from being elected to public office by unlawful means while acting in a conspiracy with others. Mr. Bragg is on much safer ground tying fraudulent business records to a violation of state law, because the defense cannot argue that he lacks jurisdiction on the matter — though Mr. Trump’s lawyers can still argue that state law doesn’t apply to a federal election.And that wasn’t the only state law that Mr. Bragg said he would cite. The payments to Ms. Daniels were made by Mr. Trump’s lawyer Michael Cohen, who was reimbursed by Mr. Trump in a fraudulent way, the prosecution said. The charging document said this reimbursement was illegally disguised as income in a way that “mischaracterized, for tax purposes, the true nature of the payments made in furtherance of the scheme.” So add state tax violations to the list.The charges also revealed the breadth of Mr. Bragg’s case, showing he intends to persuade a jury of a conspiracy that extended from Mr. Trump and Mr. Cohen to David Pecker, a former publisher of The National Enquirer, who was allegedly paid $150,000 by Mr. Trump to procure the silence of a second woman with whom Mr. Trump had an affair, the former Playboy model Karen McDougal. It was not certain until Tuesday that the relationship with Ms. McDougal would be part of the case. The felony charges are specifically about Ms. Daniels, but to prove them, Mr. Bragg made it clear that he would describe a much broader pattern of payoffs that included Ms. McDougal.Prosecutors also revealed that they would rely on more than just the oral testimony of their star witness, Mr. Cohen, who already served a year in federal prison for his role in the payments and whose credibility will be challenged. There will, for example, be an audio recording of Mr. Trump and Mr. Cohen discussing how exactly the payment to Ms. McDougal should be made to The National Enquirer’s parent company. And the evidence will also include texts and email messages discussing Mr. Trump’s suggestion to delay paying Ms. Daniels until after the election, “because at that point it would not matter if the story became public,” prosecutors said. (Those texts may effectively short-circuit any attempt by Mr. Trump to claim the payments were made solely to prevent his wife from learning about his affairs.)Mr. Bragg will have to prove all these charges in court, of course, assuming the case goes to trial, and the charging documents did not reveal more than the surface of the evidence he plans to use. It’s still not a slam-dunk case. But these crimes are hardly novel ones for the Manhattan district attorney’s office, which is used to prosecuting business record cases, and are far from the one-off political persecution that Republicans are claiming it to be.Inevitably, the images of the day and the details of the charges will have a cumulative and wearying effect on many voters. Mr. Trump thinks only of his core supporters, who will share his rage at his ordeal on Tuesday and demand revenge. But there aren’t enough base Trump voters to guarantee him even the Republican nomination, let alone the general election in 2024. Will the images of Mr. Trump at a defendant’s table, not to mention the headlines about 34 counts of paying hush money to a porn star, win a substantial number of swing voters to his side?It’s hard to imagine all of this will really do him any good, particularly if there are charges down the road from other prosecutors alleging abuse of his presidential office. Mr. Trump may sell a few fake T-shirts, but with the law closing in on him, he will have a much harder time selling himself.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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    You Could Have Walked a Block Away and Had No Clue Trump Just Got Arrested

    I missed George Santos at the protest outside the courthouse where Donald Trump was later arraigned on Tuesday, and I couldn’t hear a thing Marjorie Taylor Greene said over the screams of counter-demonstrators and the incessant blowing of whistles. They were the two biggest names who turned out to show their support for Trump on a day that felt at once historic and very small.The police put up metal barriers dividing a block-sized park near the courthouse in two, with dozens of Trump opponents on one side, dozens of Trump acolytes on the other, and cops everywhere. Altogether, there were hundreds of people, often screaming at each other across the divide, chants of “U.S.A.” competing with chants of “Lock Him Up!” Some characters were familiar from the Trump campaign road show, including Dion Cini, a peddler of Trump merchandise who flew a giant “Trump or Death” flag, and Maurice Symonette, founder of the groupuscule Blacks for Trump and onetime member of a violent Black supremacist cult. “He had sex with a prostitute,” Symonette said of Trump, apparently referring to the adult film star Stormy Daniels. “How is that against the law? Who hasn’t done that?”Representative George Santos.Mark Peterson for The New York TimesRepresentative Marjorie Taylor Greene.Mark Peterson for The New York TimesOf course, Trump wasn’t indicted for his affairs, but for the steps he allegedly took to cover them up. Before the indictment was unsealed, rumors flew across Twitter that it included a conspiracy count, but in the end, all 34 counts were for falsifying business records in connection with the payoff to silence Daniels, which Manhattan District Attorney Alvin Bragg argued was connected to a broader scheme to squelch negative stories about Trump.According to the indictment, the business record falsifications were done “with intent to defraud and intent to commit another crime and aid and conceal the commission thereof.” Though no other crime is charged, the statement of facts accompanying the indictment accuses Trump of violating election laws. It’s the connection to another crime that turns falsifying business records from a misdemeanor into a felony.Observers from across the political spectrum have been skeptical of the legal theory that underlies Bragg’s case. As The New York Times reported in March, “Combining the criminal charge with a violation of state election law would be a novel legal theory for any criminal case, let alone one against the former president, raising the possibility that a judge or appellate court could throw it out or reduce the felony charge to a misdemeanor.” Trump, in other words, may still wriggle out of this predicament.As I’ve argued before, if Trump’s role in the hush-money payments broke the law, it’s a serious matter, because those payments helped him get elected, and the plot to cover them up sent his former lawyer to prison. Trump, the statement of facts says, “orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the defendant’s electoral prospects.” If this is true, it’s perverse to suggest that Trump’s success in this scheme — represented by him winning the presidency — is a reason not to prosecute him.Nevertheless, for all the hype going into Tuesday, the indictment feels anticlimactic. “True and accurate business records are important everywhere, to be sure,” said Bragg in his news conference after the arraignment. “They are all the more important in Manhattan, the financial center of the world.” Trump, like everyone else, should be held accountable if he failed to keep such records. We’re not owed an indictment commensurate with his depravity. Still, these are hard charges to get excited about.Indeed, what’s struck me over the last two days in New York is a distinct lack of excitement. Many who detest Trump, I suspect, have lost faith in the ability of the legal system to hold him to account. And while his supporters may threaten civil war, not many of them seem willing to brave Manhattan, which they’ve been told is a crime-ridden hellhole.Earlier this week, Roger Stone, the political dirty trickster and longtime Trump ally, promoted a Monday rally outside Trump Tower. When I went there, only a handful of people had shown up. Tuesday’s turnout was larger, but still felt more desultory than menacing, despite some threatening rhetoric. (One man carried a sign with a noose affixed to it, signifying his hopes for members of the “Liberal Biased News Media.”) You could walk a block away and be unaware that anything was happening.Mark Peterson for The New York TimesMaybe this is to be expected: Many of the people who might have led mob violence have been either indicted or convicted for their involvement in the Jan. 6 insurrection. And certainly, there remains an acute danger from Trump fanatics acting alone. The way the Trump camp has targeted the daughter of the judge overseeing the Trump case has been particularly unconscionable. Arguing that the daughter’s political work constituted a conflict for her father, people including Greene, Donald Trump Jr. and Eric Trump shared a story featuring her photograph on social media, and Trump went after her in his post-arraignment speech, likely putting her safety at risk.But while Trump still has an obsessive following, he can no longer command the country’s stunned attention, even by getting arrested. Maybe that’s the consolation of an arraignment that doesn’t feel at all momentous.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