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    Qué significa la acusación contra Donald Trump por los documentos

    En su momento, el expresidente criticó a Hillary Clinton por su manejo de información sensible. Ahora, el mismo problema amenaza sus posibilidades de retomar la presidencia.Hubo un tiempo, no hace mucho en realidad, en el que Donald Trump afirmó que se preocupaba por la inviolabilidad de la información clasificada. Eso, por supuesto, sucedió cuando su adversaria fue acusada de ponerla en peligro y eso representó un arma política útil para Trump.A lo largo de 2016, fustigó a Hillary Clinton por utilizar un servidor de correo electrónico privado en vez de uno gubernamental seguro. “Voy a hacer cumplir todas las leyes relativas a la protección de información clasificada”, declaró. “Nadie estará por encima de la ley”. El manejo negligente que Clinton hizo de la información sensible, sentenció, “la descalifica para la presidencia”.Siete años después, Trump se enfrenta a cargos penales por poner en peligro la seguridad nacional por haberse llevado documentos clasificados cuando dejó la Casa Blanca y negarse a devolverlos todos, incluso después de que se le exigió hacerlo. A pesar del adagio de “recoge lo que siembras” de la política estadounidense, es bastante sorprendente que el asunto que ayudó a impulsar a Trump a la Casa Blanca sea lo que amenace con arruinar sus posibilidades de regresar a ella.La acusación presentada por un gran jurado federal a petición del fiscal especial Jack Smith cierra el círculo de la historia de Trump. “Enciérrenla”, coreaban las multitudes en los mítines de campaña de Trump, quien alentaba a sus seguidores para que gritaran eso. Ahora, él podría ser el encerrado de ser sentenciado por alguno de los siete cargos, entre ellos conspiración para la obstrucción de justicia y retención intencional de documentos.Esta acusación es la segunda presentada contra el expresidente en los últimos meses, pero en muchos aspectos eclipsa a la primera tanto en gravedad jurídica como en peligro político. La primera acusación, anunciada en marzo por el fiscal del distrito de Manhattan, acusó a Trump de falsificar registros empresariales para encubrir el pago de dinero a una actriz de cine para adultos —la cual había alegado que habían mantenido una relación sexual— a cambio de su silencio. La segunda la presentó un fiscal federal en representación de toda la nación, la primera en la historia de Estados Unidos contra un expresidente, y se refiere a los secretos de la nación.Mientras que los partidarios de Trump han tratado de desestimar la primera como el trabajo de un demócrata electo local sobre cuestiones que, aunque indecorosas, en última instancia parecen relativamente mezquinas y ocurrieron antes de que asumiera la presidencia, las más recientes acusaciones se derivan directamente de su responsabilidad como comandante en jefe de la nación para salvaguardar los datos que podrían ser útiles a los enemigos de Estados Unidos.Es posible que a los votantes republicanos no les importe que su líder le dé dinero a una estrella porno para que guarde silencio, pero ¿también serán indiferentes ante el delito de impedir que las autoridades intenten recuperar material clasificado?Tal vez. Sin duda, Trump así lo espera. La acusación de Manhattan solo pareció aumentar sus índices de popularidad más que perjudicarlo. Es por eso que, de inmediato, afirmó que la acusación más reciente forma parte de la conspiración más extravagante de la historia de Estados Unidos. Pareciera que, según él, la componenda implica a una amplia gama de fiscales locales y federales, grandes jurados, jueces, demandantes, reguladores y testigos que han mentido durante años para tenderle una trampa, mientras que él es el único que dice la verdad, sin importar cuáles sean los cargos.“Nunca creí posible que algo así pudiera ocurrirle a un expresidente de Estados Unidos, que recibió muchos más votos que cualquier presidente en funciones en la historia de nuestro país y que actualmente lidera, por mucho, a todos los candidatos, tanto demócratas como republicanos, en las encuestas de las elecciones presidenciales de 2024”, escribió en sus redes sociales, haciendo múltiples afirmaciones engañosas en una sola frase. “¡SOY UN HOMBRE INOCENTE!”.Hasta ahora, sus seguidores de base han seguido apoyándolo e incluso algunos de los que se postulan en su contra para obtener la candidatura republicana del próximo año han criticado las investigaciones en su contra. Pero recientemente fue declarado responsable de abuso sexual en un juicio civil, su empresa ha sido declarada culpable de 17 cargos de fraude fiscal y otros delitos y todavía enfrenta otras dos posibles acusaciones formales derivadas de su esfuerzo por revertir su derrota electoral de 2020, lo que desencadenó el ataque al Capitolio el 6 de enero de 2021.La pregunta, al menos políticamente, es si la acumulación de todas esas acusaciones terminará influyendo algún día en los votantes republicanos que lo respaldan, en especial si se concreta una tercera y tal vez cuarta acusación formal. Al menos algunos de sus rivales por la candidatura del partido esperan que el factor fatiga termine mermando su apoyo.En cuanto a Clinton, si sintió cierta alegría por la desgracia ajena la noche del jueves no lo expresó. Sin embargo, tanto ella como sus aliados siempre han creído que el hecho de que James Comey, el entonces director del FBI, reabriera la investigación de su correo electrónico unos días antes de la elección de 2016 le costó la victoria que tantas encuestas habían pronosticado.Trump intentará poner esto en contra de sus perseguidores, con el argumento de que el hecho de que haya sido acusado mientras que Clinton no lo fue, es prueba de que está siendo perseguido injustamente.No importa que los hechos de los casos sean distintos, que Trump pareciera haber hecho todo lo posible para frustrar intencionadamente a las autoridades que trataban de recuperar los documentos secretos durante meses mientras que los investigadores concluyeron que Clinton no tuvo intención de violar la ley. Será un argumento político útil para Trump insistir en que es víctima de una doble moral.Por qué, tras lo sucedido en la campaña de 2016, no reconoció el potencial peligro político de manejar mal información clasificada y tuvo más cuidado al respecto es otra cuestión. Pero pasó gran parte de su presidencia haciendo caso omiso de las preocupaciones sobre la seguridad de la información y las normas sobre la conservación de documentos gubernamentales.Divulgó información ultraconfidencial a funcionarios rusos que lo visitaron en el Despacho Oval. Publicó en internet imágenes sensibles de Irán obtenidas por satélite. Siguió utilizando un teléfono móvil inseguro incluso después de que le dijeron que el dispositivo era monitoreado por agencias de inteligencia rusas y chinas. Rompió documentos oficiales y los tiró al suelo una vez que terminó con ellos, a pesar de que las leyes exigen que se guarden y cataloguen, mientras sus ayudantes iban tras él, recogiendo los fragmentos y pegándolos de nuevo con cinta adhesiva.Incluso cuando se enfrentó a las consecuencias de sus actos, nunca se mostró preocupado. Al fin y al cabo, era el presidente y podía hacer lo que quisiera. Incluso durante la investigación sobre los documentos clasificados que se llevó a Mar-a-Lago, se ha defendido afirmando que tenía el poder de desclasificar cualquier cosa que quisiera con solo pensarlo.Pero ya no es presidente. Ahora no solo se enfrentará a los votantes de las elecciones primarias que decidirán si ha sido inhabilitado para la presidencia, sino a un fiscal que asegura que hará cumplir las leyes relativas a la protección de información clasificada.Será fichado como un criminal acusado y, a menos que ocurra algo imprevisto, en última instancia será juzgado por un jurado de sus iguales.Qué diferencia con su situación de hace siete años.Peter Baker es el corresponsal principal de la Casa Blanca y ha cubierto las gestiones de los últimos cinco presidentes para el Times y The Washington Post. También es autor de siete libros, el más reciente de ellos se titula The Divider: Trump in the White House, 2017-2021, el cual escribió junto a Susan Glasser. More

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    Indictment Brings Trump Story Full Circle

    The former president assailed Hillary Clinton for her handling of sensitive information. Now, the same issue threatens his chances of reclaiming the presidency.There was a time, not that long ago really, when Donald J. Trump said he cared about the sanctity of classified information. That, of course, was when his opponent was accused of jeopardizing it and it was a useful political weapon for Mr. Trump.Throughout 2016, he castigated Hillary Clinton for using a private email server instead of a secure government one. “I’m going to enforce all laws concerning the protection of classified information,” he declared. “No one will be above the law.” Mrs. Clinton’s cavalier handling of the sensitive information, he said, “disqualifies her from the presidency.”Seven years later, Mr. Trump faces criminal charges for endangering national security by taking classified documents when he left the White House and refusing to return all of them even after being subpoenaed. Even in the what-goes-around-comes-around department of American politics, it is rather remarkable that the issue that helped propel Mr. Trump to the White House in the first place now threatens to ruin his chances of getting back there.The indictment handed up by a federal grand jury at the request of the special counsel Jack Smith effectively brings the Trump story full circle. “Lock her up,” the crowds at his campaign rallies chanted with his encouragement. Now he may be the one locked up if convicted on any of the seven reported counts that include conspiracy to obstruct justice and willful retention of documents.The indictment is the second brought against the former president in recent months, but in many ways it eclipses the first in terms of both legal gravity and political peril. The first indictment, announced in March by the Manhattan district attorney, charged Mr. Trump with falsifying business records to cover up hush money to an adult film actress who alleged that they had a sexual tryst. The second is brought by a federal prosecutor representing the nation as a whole, the first in American history against a former president, and concerns the nation’s secrets.While Mr. Trump’s defenders have tried to brush off the first as the work of a local elected Democrat concerning issues that, however unseemly, seem relatively petty and happened before he took office, the latest charges stem directly from his responsibility as the nation’s commander in chief to safeguard data that could be useful to America’s enemies.Republican voters may not care if their leader slips money to a porn star to keep quiet, but will they be indifferent about impeding authorities seeking to recover clandestine material?Perhaps. Mr. Trump certainly hopes so. The Manhattan indictment only seemed to boost his poll ratings rather than hurt him. And so he immediately cast the latest indictment as part of the most extravagant conspiracy in American history, one that in his telling seems to involve a wide range of local and federal prosecutors, grand jurors, judges, plaintiffs, regulators and witnesses who have all lied for years to set him up while he is the one truth teller, no matter what the charges.“I never thought it possible that such a thing could happen to a former President of the United States, who received far more votes than any sitting President in the History of our Country, and is currently leading, by far, all Candidates, both Democrat and Republican, in Polls of the 2024 Presidential Election,” he wrote on his social media site, making multiple misleading assertions in a single sentence. “I AM AN INNOCENT MAN!”So far, his core supporters have stuck with him and even some of those running against him for the Republican nomination next year have criticized the investigations against him. But he recently was found liable for sexual abuse in a civil trial, his company has been found guilty of 17 counts of tax fraud and other crimes and he still faces two other possible indictments stemming from his effort to overturn his 2020 election defeat, leading to the attack on the Capitol on Jan. 6, 2021.The question, politically at least, is whether the accumulation of all those allegations will someday weigh him down among Republican voters who otherwise like him, especially if there is a third and maybe a fourth indictment. At least some of his rivals for the party nomination are counting on the fatigue factor eventually draining his support.As for Mrs. Clinton, whether she was feeling a little schadenfreude on Thursday night, the defeated candidate herself was not saying. But she and her allies have long believed that the reopening of the email investigation by James B. Comey, then the F.B.I. director, just days before the 2016 election cost her the victory that so many polls had forecast.Mr. Trump will try to turn this around on his pursuers, arguing that the fact that he has been indicted where Mrs. Clinton was not is proof that he is being unfairly persecuted.Never mind that the facts of the cases are different, that he seemed to go out of his way to intentionally thwart authorities trying to recover the secret documents for months while investigators concluded that Mrs. Clinton was not willfully trying to violate the law. But it will be a useful political argument for Mr. Trump to insist that he is a victim of double standards.Why, given the 2016 campaign, he did not recognize the potential danger of mishandling classified information and take more care about it is another matter. But he spent much of his presidency disregarding concerns about the security of information and the rules about preserving government documents.He disclosed highly classified information to Russian officials visiting him in the Oval Office. He posted sensitive satellite imagery of Iran online. He kept using an unsecured mobile phone even after being told it was monitored by Russian and Chinese intelligence agencies. He tore up official documents and threw them to the floor once he was done with them despite laws requiring that they be saved and cataloged, leaving aides to collect the ripped-up pieces and tape them back together.Even when confronted with the consequences of his actions, Mr. Trump never expressed concern. He was the president, after all, and he could do what he pleased. Even during the investigation into the classified documents that he took to Mar-a-Lago, he has defended himself by asserting that he had the power to declassify anything he chose just by thinking about it.But he is no longer president. Now he will face not just primary voters who will decide whether he has been disqualified from the presidency, but a prosecutor who says he will enforce laws concerning the protection of classified information.Mr. Trump will be booked as an accused criminal and, absent an unforeseen development, ultimately will be judged by a jury of his peers.What a difference seven years makes. More

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    Do Christie and Pence Make It 2016 Again? Not Yet.

    A bigger field in the G.O.P. primary could chip away at DeSantis’s chances of overtaking Trump.A crowded field could help Donald Trump, as it did in 2015-16. Mark J. Terrill/Associated PressIt’s been feeling a bit like 2016 lately.Back then, the opposition to Donald J. Trump was badly divided. The party couldn’t coalesce behind one candidate, allowing Mr. Trump to win the Republican primary with well under half of the vote.With Mike Pence and Chris Christie bringing the field up to 10 candidates this week, it’s easy to wonder whether the same conditions might be falling into place again. Despite high hopes at the start of the year, Ron DeSantis has failed to consolidate Trump-skeptic voters and donors alike. Now, the likes of Mr. Pence and Mr. Christie — as well as Tim Scott and Nikki Haley — are in the fray and threatening to leave the Trump opposition hopelessly divided, as it was seven years ago.In the end, Mr. Pence or Mr. Christie might well break out and leave the opposition to Mr. Trump as fractured as it was in 2016. But it’s worth noting that, so far, the opposition to Mr. Trump has been far more unified than it ever was back then. It’s not 2016, at least not yet.So far this cycle, polls have consistently shown Mr. DeSantis with the support of a majority of Republican voters who don’t support Mr. Trump. Nothing like this happened in that past primary, when at various points five different candidates could claim to be the strongest “not-Trump” candidate, and none came even close to consolidating so much of the opposition to Mr. Trump. Ted Cruz got there eventually, but only after a majority of delegates had been awarded and it was down to him and John Kasich.Perhaps surprisingly, Mr. DeSantis’s share of not-Trump voters has remained constant, even though his own support has dropped. This suggests Mr. DeSantis has mainly bled support to Mr. Trump, not to another not-Trump rival. It also suggests that the other not-Trump candidates may have bled support to Mr. Trump over the last half year as well.Consolidation of Not-Trump Voters More

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    For Christie, Winning Would Be Great. Beating Trump Would Be a Close Second.

    The former New Jersey governor’s presidential bid is a long shot. But if he takes out Donald J. Trump along the way, Chris Christie may consider it a victory.Chris Christie is embarking on a mission that even some of his fiercest allies must squint to see ending in the White House.But Mr. Christie, the former governor of New Jersey who is now 60 and more than five years removed from holding elected office, has been undeterred, talking up an undertaking that he frames as almost as important as winning the presidency: extricating the Republican Party from the grip of Donald J. Trump.“You need to think about who’s got the skill to do that and who’s got the guts to do it because it’s not going to end nicely no matter what,” Mr. Christie said in March at the same New Hampshire college where he plans to announce his long-shot bid on Tuesday.“His end,” he said of the former president, “will not be a calm and quiet conclusion.”As he enters the race, Mr. Christie has cast himself as the one candidate unafraid to give voice to the frustrations of Republicans who have watched Mr. Trump transform the party and have had enough — either of the ideological direction or the years of compounding electoral losses.For Mr. Christie — who lent crucial legitimacy to Mr. Trump’s then-celebrity campaign by endorsing him after his own 2016 presidential campaign failed — it is quite the reversal. After helping to fuel Mr. Trump’s rise, Mr. Christie has now set out to author his downfall.The question is whether there is any market for what he is selling inside a Republican Party with whom Mr. Trump remains overwhelmingly popular.“Just being like ‘I’m the kamikaze candidate’ — I’m not sure that’s going to play,” said Sean Spicer, the former White House press secretary to Mr. Trump. “For those people who don’t like Trump because of the mean tweets, are they going to like the guy who is mean about Donald Trump?”Mr. Christie’s flaws as an anti-Trump messenger are manifest. For almost all of Mr. Trump’s four years in the White House, Mr. Christie stood by the president — even catching a near-fatal Covid-19 infection during debate preparations in the fall of 2020 — only breaking with him over his stolen election lie and then the violence of Jan. 6, 2021.Mr. Christie listening to Mr. Trump during a news conference in 2020. Mr. Christie stood by Mr. Trump during his entire presidency.Al Drago for The New York TimesThe coming campaign, then, is expected to be something of a redemption tour. Pulled by the allure of the presidency for more than a decade — his decision not to run in 2012 at the peak of his popularity has been the subject of widespread second-guessing — he begins another run unburdened by expectations.Yes, he is trying to win. He has said he would not run unless he saw a pathway to victory. (“I’m not a paid assassin,” he told Politico.) But he also wants to turn the party from Mr. Trump.“He won’t like it, but he’s a loser. It’s that simple,” Mr. Christie said of Mr. Trump in an interview last year, shortly after the disappointing midterm election for Republicans.It’s the kind of quotable line and anti-Trump message that has turned a number of breakaway Republicans into CNN commentators or MSNBC stars and also made them former elected officials.Central to Mr. Christie’s pitch to disaffected Republicans is his debating skill. The most memorable achievement of his 2016 bid was his takedown of Senator Marco Rubio of Florida.“You’d better have somebody on that stage who can do to him what I did to Marco,” he said at his March event, regaling the crowd with the story of his bruising confrontation with Mr. Rubio. “Because that’s the only thing that’s going to defeat Donald Trump.”The first challenge for Mr. Christie, however, won’t be facing Mr. Trump. It will be qualifying for the debate stage. The Republican National Committee’s threshold of 40,000 donors across 20 states could prove especially arduous for a candidate without a small-donor following and whose anti-Trump message seems more likely to lure Democratic contributors than conservative ones.So far, Mr. Trump, Gov. Ron DeSantis of Florida and Vivek Ramaswamy, a self-funding businessman, have announced that they have hit that threshold. (There is also a 1 percent polling requirement.)Mr. Spicer, who later hosted a program on Newsmax, the right-wing cable network, noted that Mr. Christie “hasn’t exactly been on conservative media” to maintain a following on the right. “He’s hanging out on ABC,” Mr. Spicer said of the mainstream news network where Mr. Christie has been a paid commentator.Quick with a quote and savvy about the media — Mr. Christie turned snapping at reporters into a selling point for the G.O.P. base a decade before Mr. DeSantis — he may be banking on the thirst of news organizations for a frontal and colorful fight with Mr. Trump.After Mr. Trump’s recent town hall on CNN, when he would not say whether he was hoping Ukraine would win the war against Russia, Mr. Christie slashed him as “a puppet of Putin.”Yet even the relatively small faction of Republicans opposed to returning Mr. Trump to power may be leery of Mr. Christie. He not only provided a key early endorsement in 2016, he led his presidential transition, and was passed over for some top jobs while serving as an informal adviser and debate coach through the 2020 election.“Now you found Jesus?” questioned Rick Wilson, who was an outspoken Republican critic of Mr. Trump before leaving the party entirely. “And now you’re going to be the guy to take the fight to Trump?”“The credibility factor of Christie as a Trump antagonist is somewhere around zero,” Mr. Wilson said.When he makes his 2024 campaign official on Tuesday, Mr. Christie is expected to flesh out his vision for the nation in greater detail.Nicole Craine for The New York TimesEarly polling shows that Mr. Christie faces perhaps an even steeper uphill climb than other candidates who are polling with low single-digit support. He received 2 percent in a late May CNN poll, for instance, tied for fifth place with Senator Tim Scott of South Carolina.But of all the Republican candidates in the poll, the highest share — 60 percent — said Mr. Christie was someone they would not support under any circumstance. That figure was 15 percent for Mr. DeSantis and 16 percent for Mr. Trump.“You look at it objectively, it’s hard to see a clear lane for Chris Christie, being a Trump opponent and then a Trump acolyte and now a Trump opponent again,” said Neil Newhouse, a Republican pollster who is unaligned in the 2024 race, though some partners at his firm are working with Mr. DeSantis. “There’s not a lot of room in the Republican electorate for that right now.”Still, in an increasingly crowded field of Republicans — former Vice President Mike Pence and Gov. Doug Burgum of North Dakota are also expected to join the race this week — the Christie team sees opportunity by being the lone candidate interested in breaking so clearly with Mr. Trump.Other lower-polling candidates have avoided criticizing the former president aggressively, in an attempt not to turn off his supporters. Some, like Nikki Haley, the former United Nations ambassador and governor of South Carolina, have preferred to take shots at Mr. DeSantis, vying to emerge as the leading Trump alternative by tackling him first. But Mr. Christie’s advisers see the path to the nomination running through Mr. Trump.His supporters have organized a super PAC, Tell It Like It Is, led by a number of veteran Republicans operatives. And Mr. Christie’s decision to begin in New Hampshire is a sign of the state’s central role in his political calculus, where he also based much of his 2016 campaigning, when he held more than 100 town halls. On Tuesday, he is expected to flesh out his vision for the nation in greater detail.But there are widespread doubts about how far Mr. Christie’s designs go beyond knocking down Mr. Trump. In an editorial on the eve of his kickoff, The Wall Street Journal editorial board wondered if the candidate might have an unintended impact on the race.“If Mr. Christie isn’t a guided missile aimed at Mr. Trump, is he an unguided one, liable to blow up, say, Florida Gov. Ron DeSantis?” the editorial board wrote.Sean Hannity, the influential Fox News host, recently questioned whether he even wanted to give Mr. Christie airtime. “You’re only getting in this race because you hate Donald Trump and want to bludgeon Donald Trump,” Mr. Hannity said on air. “I don’t see Chris Christie actually wanting to run and win the nomination. He views it as his role to be the enforcer and to attack Trump.”Mr. Trump posted the clip on his social media site, Truth Social.Maggie Haberman More

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    Supreme Court to Hear Dispute Over ‘Trump Too Small’ Slogan

    In earlier cases, the justices struck down provisions of the trademark law that discriminated based on the speaker’s viewpoint.The Supreme Court agreed on Monday to decide whether a California lawyer may trademark the phrase “Trump too small,” a reference to a taunt from Senator Marco Rubio, Republican of Florida, during the 2016 presidential campaign. Mr. Rubio said Donald J. Trump had “small hands,” adding: “And you know what they say about guys with small hands.”The lawyer, Steve Elster, said in his trademark application that he wanted to convey the message that “some features of President Trump and his policies are diminutive.” He sought to use the phrase on the front of T-shirts with a list of Mr. Trump’s positions on the back. For instance: “Small on civil rights.”A federal law forbids the registration of trademarks “identifying a particular living individual except by his written consent.” Citing that law, the Patent and Trademark Office rejected the application.A unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that the First Amendment required the office to allow the registration.“The government has no valid publicity interest that could overcome the First Amendment protections afforded to the political criticism embodied in Elster’s mark,” Judge Timothy B. Dyk wrote for the court. “As a result of the president’s status as a public official, and because Elster’s mark communicates his disagreement with and criticism of the then-president’s approach to governance, the government has no interest in disadvantaging Elster’s speech.”The size of Mr. Trump’s hands has long been the subject of commentary. In the 1980s, the satirical magazine Spy tormented Mr. Trump, then a New York City real estate developer, with the recurring epithet “short-fingered vulgarian.”In 2016, during a presidential debate, Mr. Trump addressed Mr. Rubio’s critique.“Look at those hands, are they small hands?” Mr. Trump said, displaying them. “And, he referred to my hands — ‘if they’re small, something else must be small.’ I guarantee you there’s no problem. I guarantee.”The Biden administration appealed the Federal Circuit’s ruling to the Supreme Court. Solicitor General Elizabeth B. Prelogar said Mr. Elster was free to discuss Mr. Trump’s physique and policies but was not entitled to a trademark.The Supreme Court has twice struck down provisions of the trademark law in recent years on First Amendment grounds.In 2019, it rejected a provision barring the registration of “immoral” or “scandalous” trademarks.That case concerned a line of clothing sold under the brand name FUCT. When the case was argued, a government lawyer told the justices that the term was “the equivalent of the past participle form of the paradigmatic profane word in our culture.”Justice Elena Kagan, writing for a six-justice majority, did not dispute that. But she said the law was unconstitutional because it “disfavors certain ideas.”A bedrock principle of First Amendment law, she wrote, is that the government may not draw distinctions based on speakers’ viewpoints.In 2017, a unanimous eight-justice court struck down another provision of the trademarks law, this one forbidding marks that disparage people, living or dead, along with “institutions, beliefs or national symbols.”The decision, Matal v. Tam, concerned an Asian American dance-rock band called The Slants. The court split 4 to 4 in much of its reasoning, but all the justices agreed that the provision at issue in that case violated the Constitution because it took sides based on speakers’ viewpoints.The new case, Vidal v. Elster, No. 22-704, is arguably different, as the provision at issue does not appear to make such distinction. In his Supreme Court brief, Mr. Elster responded that “the statute makes it virtually impossible to register a mark that expresses an opinion about a public figure — including a political message (as here) that is critical of the president of the United States.” More

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    Biden-Trump, the Sequel, Has Quite a Few Plot Twists

    Bret Stephens: Hi, Gail. A recent CNN poll shows that 20 percent of Democrats favor Robert F. Kennedy Jr., for the party’s nomination, 8 percent want Marianne Williamson and another 8 percent want someone else. That’s 36 percent saying they aren’t thrilled with the presumptive nominee. Do you think this is some kind of polling fluke or an ominous political sign for Joe Biden?Gail Collins: Bret, it’s more than a year until the presidential conventions. All the Democrats know that Joe Biden is going to be their nominee. Some, like me, think he’s been doing a terrific job. Others find him pretty boring.Bret: Or “walking the trail of so-so,” as my youngest likes to say.Gail: I am absolutely sure that a lot of the people raising their hands for Robert F. Kennedy Jr. or Marianne Williamson have no idea who either of them actually is. Obviously, they recognize the Kennedy name, but I’ll bet most don’t know about his new career as an anti-vaxxer.Do you disagree?Bret: I do. Neither of them is an unknown quantity. R.F.K. Jr. has been a public figure for decades, and there are plenty of dark corners of America where his anti-vax views and penchant for conspiracy theories resonate. Williamson touched a nerve — or summoned a spirit — as the “dark psychic force” lady from the last Democratic primary.Gail: By the fall, Democrats may be bored enough to want a conversation about dark psychic forces, but I think we deserve a summer break.Bret: Only 60 percent of Democrats say they support Biden. By contrast, well over 86 percent of Republicans supported Donald Trump in June of 2019, according to an earlier CNN poll. And the RealClearPolitics average of polls gives both Trump and Ron DeSantis an edge over the president, which is bad now when the economy is relatively strong but will be politically catastrophic for him if the economy dips into recession. Democrats are placing a very big bet on a stumbling incumbent; that sound you hear is me paging Roy Cooper, Jared Polis and Gretchen Whitmer.Gail: Sigh. Bret, we both agreed long ago that we hoped Biden wouldn’t run for another term, leaving the door open for all the interesting Democratic prospects to get in the race.But it didn’t happen and it isn’t going to happen. And we’re stuck with a choice between Joe Biden and a bunch of terrible Republicans.Bret: I’m still not convinced that that’s the choice we are — or need to be — stuck with: Lyndon Johnson didn’t drop out of the race until March 1968. Where is Eugene McCarthy when you need him?Gail: Biden’s doing very well — got a bunch of big initiatives passed this term, worked out a budget deal last week.Bret: Gail, who do you think gained — or suffered — the most, politically speaking, from the budget deal, Biden or Kevin McCarthy, the House speaker?Gail: Well. Biden is really having a stellar run. McCarthy was in serious danger of being tossed out of his job by members of his own party. So at least in terms of averting personal disaster, McCarthy had a pretty big win.Bret: True, and he managed to bring most of his caucus along with him. Then again, most of the “savings” McCarthy claims to have achieved with the deal achieved were basically notional.Gail: In terms of overall results, the Democrats did best. Even though I am very, very irritated about the cut in funding to the I.R.S.Bret, doesn’t it bother you that the Republicans just don’t want the tax collectors to have enough money to do their jobs?Bret: The best solution for the I.R.S. would be something like a universal 18 percent income tax for everyone, calculable on a single sheet of paper, with zero deductions or exemptions. Throwing money at the agency will do more to compound its problems than solve them.Gail: Interesting theory that’s not gonna happen. Right now, when you have folks at an agency that’s long been underfunded, trying to ride herd on businesses and wealthy individuals who have ever-more-complicated strategies for thwarting them, I don’t think the answer is to sniff and say, “Try harder.” The only thing we can be sure that the I.R.S. cut will give us is lower federal revenue from people who like avoiding taxes.Bret: Which sorta makes my point for a simplified tax code, not another $80 billion for the agency.In the meantime, Gail, the Trump-DeSantis battle of the put-downs is heating up. And Chris Christie may be getting in the race. Your thoughts on the G.O.P.’s Palio di Siena?Gail: Palio di Siena is an Italian horse race that’s known for being very crowded and very colorful, right?Bret: Also, loud, insane, scary and deadly for horses. Though maybe the better analogy for the way the Republican primary campaign is shaping up is Pamplona’s running of the bulls.Gail: Well, the Republican field is definitely getting … bigger. Colorful may take a little more work. (This week it looks like we will also be welcoming Gov. Doug Burgum of North Dakota to the field!)Bret: I’m probably going to destroy my credibility right now by confessing that I neither knew of the announcement nor the man until you just mentioned him. Sorry, Bismarck!Gail: I say, the more the merrier. Chris Christie would be a fine addition when it comes to making things more interesting, and I’d really love to hear him in a debate with, say, DeSantis. On the down side, he has about as much chance of winning the nomination as I would of winning that Siena horse race.Bret: Hehe.Gail: You’re in charge of the Republicans here — give me a rundown of where we are.Bret: Well, to your point about “the more the merrier,” my fear is that as more Republicans jump into the race, it just makes it easier for Trump to clear the field.On the other hand, I think that Christie has a very clear idea of what he wants to do in the race: namely, to be a torpedo aimed straight at the S.S. Trump — maybe as a form of penance for his endorsement of Trump seven years ago. Christie helped sink Marco Rubio’s candidacy at the New Hampshire debate in 2016 and he wants to do the same to The Donald in this election cycle. The former New Jersey governor is a gifted speaker, so I can only hope he succeeds.Gail: Blessings to you, Chris Christie. Unless that means pushing DeSantis permanently to the top. I know it’s weird but I’ve admitted to you I’d actually prefer Trump if that awful option is the choice.Bret: We’ve argued about this before. I can only refer you to a point made by Frank Bruni in his terrific column on this point: “I’d be distraught during a DeSantis presidency and depressed during a Pence one. But at least I might recognize the America on the far side of it.”Gail: Frank is of course great. Now about the current field — you’d like Chris Christie as a debater, but how about as an actual nominee. Your favorite of the week?Bret: Christie is everything a Democrat could reasonably want in a Republican: gregarious, pragmatic, competent, highly intelligent, capable of reaching across the aisle and most definitely not a hater. I doubt he has any kind of realistic shot at the nomination, but I also know that he’s too much of a realist to think he has a realistic shot, either. His job is to demolish Trump so that Republicans can finally get past the former president. My guess is he’d like the job of attorney general in a DeSantis administration.Enough about Republicans, Gail. What else is tickling your mind these days?Gail: Don’t suppose you want to talk about basketball playoffs, huh?Bret: Shame about the Celtics.Gail: Sigh. Well, I’ve been interested in watching the evolution of the abortion debate — even DeSantis seems to be a little wary about waving his dreadful six-week ban around.Bret: Too little too late, but yes: Even he seems to realize that the ban doesn’t go over too well with a lot of people who might lean Republican, including otherwise conservative women. The most I can say about it is that it’s very on brand for the Florida governor: abrasive, abusive and arrogant.Gail: Hey, we really can’t get away from the Republicans, can we? And the Democrats keep disappearing. Bret, did anybody besides the immediate Biden family notice that the president gave a speech to the nation on the budget deal?Bret: In 100 years, historians might be calling this the Rodney Dangerfield presidency: “I don’t get no respect!” But, honestly, I find it a little painful to watch Biden speak and I suspect a lot of people feel the same way.Gail: Painful like listening to a favorite uncle put the guests to sleep at Thanksgiving. Which is not like listening to a dreadful first cousin once removed terrify all the other relatives with a rant about family members he hates.Bret: Fair point!Gail: Bret, since we’re closing on the topic of unfortunate speeches, let me cheer you up by mentioning a really fine one. This is the part of our conversation when you usually wrap things up by describing something you’ve just read that you want to recommend. But today I get to do the finale — ha-ha — and my choice is your address to the graduates at the University of Chicago about freedom of expression. It was terrific.And the focus on civilized disagreement reminded me of how lucky I am to get to have a discussion like this with you every week.Bret: I feel just the same way. It was good to have a chance to go back to my alma mater and pay tribute to Robert Zimmer, its former president, who died last month — a role model as a leader, thinker, friend and man.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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    Is the Surge to the Left Among Young Voters a Trump Blip or the Real Deal?

    There is a lot about the American electorate that we are only now beginning to see. These developments have profound implications for the future of both the Republican and the Democratic coalitions.Two key Democratic constituencies — the young and the religiously unobservant — have substantially increased as a share of the electorate.This shift is striking.In 2012, for example, white evangelicals — a hard-core Republican constituency — made up the same proportion of the electorate as the religiously unaffiliated: agnostics, atheists and the nonreligious. Both groups stood at roughly 19 percent of the population.By 2022, according to the Public Religion Research Institute (better known as P.R.R.I.), the percentage of white evangelicals had fallen to 13.6 percent, while those with little or no interest in religion and more progressive inclinations had surged to 26.8 percent of the population.Defying the adage among practitioners and scholars of politics that voters become more conservative as they age — millennials (those born between 1981 and 1996) and Gen Z (those born in 1997 and afterward) have in fact become decidedly more Democratic over time, according to data compiled by the Cooperative Election Study.The graphic below, which is derived from the study, shows a significant increase in voting for House Democratic candidates among Millennials and Gen Z. More

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    The DeSantis Delusion

    If Ron DeSantis is supposed to be more electable than Donald Trump, why did he sign a ban on most abortions in Florida after six weeks of pregnancy? That’s manna for the Christian conservatives who matter in Republican primaries, but it’s a liability with the moderates and independents who matter after that point. It steps hard on DeSantis’s argument that he’s the version of Trump who can actually beat President Biden. It flattens that pitch into a sad little pancake.If DeSantis is supposed to be Trump minus the unnecessary drama, why did he stumble into a prolonged and serially mortifying dust-up with Disney? Yes, the corporation publicly opposed his “Don’t Say Gay” bill, and that must have annoyed him. He’s easily annoyed. But the legislation was always going to pass anyway, and he indeed got what he substantively wanted, so there was no need to try to punish Disney and supercharge the conflict — except that he wanted to make a big, manly show of his contempt for the mighty Mouse. He wanted, well, drama. So there goes that rationale as well.And if DeSantis, 44, is supposed to be tomorrow’s Trump, a youthful refurbishment of the 76-year-old former president, why does he seem so yesteryear? From his style of hair to his dearth of flair, from his emotional remove to his fugitive groove, there’s something jarringly anti-modern about the Florida governor. He’s more T-Bird than Tesla, though even that’s too generous, as he’s also more sedan than coupe.On Wednesday he’s expected to rev his engine and make the official, anticlimactic announcement of his candidacy for the presidency. I just don’t get it. Oh, I get that he wants to be the boss of all bosses — that fits. But the marketing of DeSantis and the fact of DeSantis don’t square. Team DeSantis’s theory of the case and the case itself diverge. In many ways, he cancels himself out. His is a deeply, deeply puzzling campaign.Which doesn’t mean it won’t be successful. Right around the time Trump was declared the 2016 winner, I exited the prediction business, or at least tried to incorporate more humility into my own storefront, and I humbly concede that I feel no certainty whatsoever about DeSantis’s fate.He has a legitimate shot at the Republican presidential nomination. He absolutely could win the presidency. He governs the country’s third most populous state, was re-elected to a second term there by a nearly 19-point margin, wowed key donors, raised buckets of money and has widespread name recognition. To go by polls of Republican voters over recent months, they’re fonder of him than of any of the other alternatives to Trump. Nikki Haley and Asa Hutchinson would kill to have the kind of buzz that DeSantis has, which mostly tells you how buzzless their own candidacies are.But do Republican voters want an alternative to Trump at all? The polls don’t say so. According to the current Real Clear Politics average of such surveys, Trump’s support is above 55 percent — which puts him more than 35 percentage points ahead of DeSantis. Mike Pence, in third place, is roughly another 15 percentage points behind DeSantis.There’s an argument that Trump’s legal troubles will at some point catch up to him. Please. He’s already been indicted in one case and been found liable for sexual abuse and defamation in another, and his supporters know full well about his exposure in Georgia and elsewhere. The genius of his shameless shtick — that the system is rigged, that everyone who targets him is an unscrupulous political hack and that he’s a martyr, his torture a symbol of the contempt to which his supporters are also subjected — lies in its boundless application and timeless utility. It has worked for him to this point. Why would that stop anytime soon?But if, between now and the Iowa caucuses, Republican voters do somehow develop an appetite for an entree less beefy and hammy than Trump, would DeSantis necessarily be that Filet-O-Fish? The many Republicans joining the hunt for the party’s nomination clearly aren’t convinced. Despite DeSantis’s braggartly talk about being the only credible presidential candidate beyond Biden and Trump, the number of contenders keeps expanding.Haley, Vivek Ramaswamy, Hutchinson and Larry Elder, a conservative talk radio host, have been in the race for a while. Tim Scott filed his paperwork last Friday and made a public announcement on Monday. Pence and Chris Christie are expected to join the fray in the coming days or weeks, and three current governors — Chris Sununu of New Hampshire, Glenn Youngkin of Virginia and Doug Burgum of North Dakota — remain possibilities. That’s one potentially crowded debate stage, putting a premium on precisely the kind of oomph DeSantis lacks. Next to him, Pence sizzles.Most of these candidates are in a pickle similar to DeSantis’s. It’s what makes the whole contest so borderline incoherent. Implicitly and explicitly, they’re sending the message that Republicans would be better served by a nominee other than Trump, but they’re saying that to a party so entirely transformed by him and so wholly in thrall to his populist rants, autocratic impulses, rightward lunges and all-purpose rage that they’re loath to establish too much separation from him. They’re trying to beat him without alienating his enormous base of support by beating up on him. The circus of him has them walking tightropes of their own.And DeSantis has teetered, time and again. His more-electable argument is undercut not only by that Florida abortion law — which, tellingly, he seems to avoid talking about — but also by the measure he recently signed to allow the carrying of concealed firearms in Florida without a permit. That potentially puts him to the right of the post-primary electorate, as do some of the specific details — and the combined force — of legislation that he championed regarding education, the death penalty, government transparency and more. In trying to show the right wing of the Republican Party how aggressive and effective he can be, he has rendered himself nearly as scary to less conservative Americans as Trump is.And as mean. The genius of Scott’s announcement was its emphasis on optimism instead of ire as a point of contrast with Trump, in the unlikely event that such a contrast is consequential. “Our party and our nation are standing at a time for choosing: victimhood or victory?” Scott said. “Grievance or greatness?” Victimhood, grievance — gee, whoever could Scott have in mind? But DeSantis is all about grievance and retribution, and he’s oh so grim. He sent two planeloads of migrants to Martha’s Vineyard. He exults that Florida is “where woke goes to die.” How sunny! It’s the Trump negativity minus the Trump electricity.His assertion that he wants to end Republicans’ “culture of losing” is an anagram for the accusation that Trump has prevented the party from winning, but I doubt the dig will resonate strongly with the Republican base. As Ramesh Ponnuru sagely observed in The Washington Post recently, Trump’s supposed toxicity is a longstanding part of his story and his brand. “For many conservatives,” Ponnuru wrote, “Trump’s 2016 victory reinforced the idea that ‘electability’ is a ploy used by the media and squishy Republicans to discredit candidates who are willing to fight for them.”The campaigns of DeSantis and the other would-be Trump slayers rest on the usual mix of outsize vanity, uncommon ambition and stubborn hopefulness in politicians who reach for the upper rungs.But their bids rest on something else, too — something I share, something so many of us do, something that flies in the face of all we’ve seen and learned over the eight years since Trump came down that escalator, something we just can’t shake: the belief that a liar, narcissist and nihilist of his mammoth dimensions cannot possibly endure, and that the forces of reason and caution will at long last put an end to his perverse dominance.DeSantis is betting on that without fully and boldly betting on that. It’s a hedged affair, reflecting the fact that it may be a doomed one.I invite you to sign up for my free weekly email newsletter. You can follow me on Twitter (@FrankBruni).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