More stories

  • in

    Rudy Giuliani’s $148 Million Treachery

    On Dec. 13, an election worker named Ruby Freeman took the stand in a Georgia courtroom and told the story of how her world was turned upside down by Rudy Giuliani. Three Decembers earlier, Giuliani shared a routine surveillance video of Ms. Freeman and her daughter, Shaye Moss, doing the routine yet vital work of counting 2020 presidential ballots at State Farm Arena in Atlanta.But Giuliani’s description of the video was anything but routine. He falsely claimed that the footage was evidence of vote fraud. In that moment, everything changed for Freeman. As she said in her testimony, “Giuliani just messed me up, you know.” That’s a polite way of describing the horrors that followed. She faced an avalanche of threats, racist attacks and harassment at work and home. She had to leave her house — and then, after law enforcement officials found her name on a death list, the house of the friend she’d been staying with. Even now she’s afraid to walk in public without a mask.The purpose of Freeman’s courtroom testimony was simple: to describe in detail how Giuliani’s lies had profoundly damaged her life. And make no mistake, Giuliani lied. He admitted that his statements were false back in July, and in August the court entered a default judgment against him, holding him liable for those falsehoods. The only question left for the jury was the amount of the damages. And Friday, the jury gave its answer: Giuliani now owes Freeman and Moss $148 million to compensate them for his cruel and obvious lies.The verdict is against Giuliani alone. But make no mistake, MAGA was on trial in the courtroom — its methods, its morality and the means it uses to escape the consequences of its dreadful acts. That’s because Rudy Giuliani isn’t truly Rudy Giuliani any longer. In his long descent from a post-9/11 American hero to a mocked, derided and embattled criminal defendant (he has also been indicted in Fani Willis’s sprawling Georgia case), he became something else entirely. He became a MAGA Man.I’m reminded of Sigourney Weaver’s famous line in “Ghostbusters”: “There is no Dana, only Zuul.” There is no Giuliani now, only Donald Trump.There are many MAGA Men and MAGA Women in the modern G.O.P. To meet one is, in significant respects, to meet them all. The names roll off the tongue. Mark Meadows, Jim Jordan, Kari Lake, Roger Stone, Marjorie Taylor Greene, John Eastman — the list could go on and on. And while they all have different stories before Trump, they share variations of the same story after Trump. Giuliani’s story, MAGA’s story, is theirs as well.That’s what was most significant about his trial. It wasn’t the damage award, as substantial as it was. It’s the story, the tale that lays bare what a MAGA Man is.The first thing you need to know about a MAGA Man like Giuliani is that he’s dishonest. Truthfulness is incompatible with Trumpism. Trump is a liar, and he demands fealty to his lies. So Giuliani’s task, as Trump’s lawyer, was to lie on his behalf, and lie he did. He even repeated his lies about Freeman and Moss — the same lies to which he’d already confessed — outside the courthouse during his trial.A MAGA Man such as Giuliani supplements his lies with rage. To watch him pushing Trump’s election lies was to watch a man become unglued with anger. The rage merged with the lie. The rage helped make the lie stick. Why would a man like Giuliani, former prosecutor and hero mayor, be so angry if he hadn’t discovered true injustice? MAGA Men and Women are very good at using their credibility from the past to cover their lies in the present.Amid the lies and rage, however, a MAGA Man like Giuliani also finds religion. But not in the way you might expect. No, MAGA Man is not sorry for what he’s done. Instead, he feels biblically persecuted. Freeman and Moss aren’t the real victims; he is. Moreover, he also knows that the base is religious and likes to hear its politicians talk about God.Giuliani learned that lesson well. So during the trial, he compared himself to Christians in the Colosseum, battling the lions like the martyrs of old. He’s not alone in this, of course. Trump shared an image of Jesus sitting by his side as he stood trial. Stone got so religious that he claimed to see supernatural sights, including, he said, a “demonic portal” that’s “swirling like a cauldron” about the Biden White House.One of the persistent debates in American life centers on how strictly we should judge the sins of our national past. Were those people who owned slaves or broke faith with Native Americans or passed the Chinese Exclusion Act merely products of their time? MAGA Men and MAGA Women will not have that excuse. They know there is a different way. Before Trump, many of them — whatever their flaws — lived very different lives. And few of them more so than Giuliani.His trial and verdict write another page in the volume of truth that tells the real story of MAGA America. Every voter should know exactly who Trump is and what his movement is like. They should know what happened to Ruby Freeman and Shaye Moss. We should remember their names. But if a MAGA Man remembers, he does not care. Whoever he once was is gone. He serves a new master now.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, Instagram, TikTok, X and Threads. More

  • in

    Giuliani Ordered to Pay $148 Million to Election Workers in Defamation Trial

    Ruby Freeman and Shaye Moss, wrongfully accused by Rudolph W. Giuliani of having tried to steal votes from Donald J. Trump in Georgia, were awarded the damages by a federal court in Washington.A jury on Friday ordered Rudolph W. Giuliani to pay $148 million to two former Georgia election workers who said he had destroyed their reputations with lies that they tried to steal the 2020 election from Donald J. Trump.Judge Beryl A. Howell of the Federal District Court in Washington had already ruled that Mr. Giuliani had defamed the two workers, Ruby Freeman and Shaye Moss. The jury had been asked to decide only on the amount of the damages.The jury awarded Ms. Freeman and Ms. Moss a combined $75 million in punitive damages. It also ordered Mr. Giuliani to pay compensatory damages of $16.2 million to Ms. Freeman and $16.9 million to Ms. Moss, as well as $20 million to each of them for emotional suffering.“Today’s a good day,” Ms. Freeman told reporters after the jury delivered its determination. But she added that no amount of money would give her and her daughter back what they lost in the abuse they suffered after Mr. Giuliani falsely accused them of manipulating the vote count.Mr. Giuliani, who helped lead Mr. Trump’s effort to remain in office after his defeat in the 2020 election but has endured a string of legal and financial setbacks since then, was defiant after the proceeding.“I don’t regret a damn thing,” he said outside the courthouse, suggesting that he would appeal and that he stood by his assertions about the two women.He said that the torrent of attacks and threats the women received from Trump supporters were “abominable” and “deplorable,” but that he was not responsible for them.His lawyer, Joseph Sibley IV, had also argued that Mr. Giuliani, the former New York mayor and federal prosecutor, should not be held responsible for abuse directed to Ms. Freeman and Ms. Moss by others.Mr. Sibley had warned that an award of the scale being sought by the women would be the civil equivalent of the death penalty for his client. Outside the courthouse on Friday, Mr. Giuliani called the amount “absurd.”Mr. Giuliani’s net worth is unknown because he refused to comply with the court’s requirement to provide that information. A lawyer familiar with his legal situation said after the verdict that Mr. Giuliani was likely to file for bankruptcy protection. But because the damages he owes Ms. Freeman and Ms. Moss are considered an “intentional tort,” bankruptcy would not erase his liability, lawyers said.The case brought against Mr. Giuliani was one of a series of lawsuits in which plaintiffs have sought to use defamation claims to hold people accountable for lying about the 2020 election.Dominion Voting Systems wrested a $787.5 million settlement out of Fox News earlier this year after suing the media giant for promoting lies that its voting machines were used in a conspiracy to flip votes away from Mr. Trump to Joseph R. Biden Jr.In October, a judge in Atlanta ruled that a Georgia man was allowed to continue his defamation claims against the right-wing author and filmmaker Dinesh D’Souza on claims that he had been wrongly accused of voter fraud in Mr. D’Souza’s book and film, “2000 Mules.”Over hours of emotional testimony during the civil trial in Washington, Ms. Freeman and Ms. Moss described how their lives had been completely upended after Dec. 3, 2020, when Mr. Giuliani first suggested that they had engaged in election fraud to tilt the result against Mr. Trump in Georgia, a critical swing state.The women, who are Black and are mother and daughter, were soon flooded with expletive-laden phone calls and messages, threats, and racist attacks, they testified. People said they should be hanged for treason or lynched; others told them they fantasized about hearing the sound of their necks snapping.They showed up at Ms. Freeman’s home. They tried to execute a citizen’s arrest of Ms. Moss at her grandmother’s house. They called Ms. Moss’s 14-year-old son’s cellphone so much that it interfered with his virtual classes, and he finished his first year of high school with failing grades.“This all started with one tweet,” Ms. Freeman told the jury, referring to a social media post from Mr. Giuliani saying, “WATCH: Video footage from Georgia shows suitcases filled with ballots pulled from under a table AFTER supervisors told poll workers to leave room and 4 people stayed behind to keep counting votes.”Mr. Giuliani did not testify at the trial. He said afterward that was because “if I made any mistake or did anything wrong,” he thought the judge would hold him in contempt or put him in jail. “And I thought, honestly, it wouldn’t do me any good.”Mr. Giuliani is under indictment in Georgia, where a local prosecutor has brought racketeering charges against him, Mr. Trump and others in connection with their efforts to overturn the former president’s election loss there.Lawyers for Ms. Freeman and Ms. Moss had asked the jury to send a message when deciding what Mr. Giuliani should pay.“Send it to Mr. Giuliani,” one of the lawyers, Michael J. Gottlieb, said in his closing argument on Thursday. “Send it to any other powerful figure with a platform and an audience who is considering whether they will take the chance to seek profit and fame by assassinating the moral character of ordinary people.”Ms. Moss said she and her mother would continue to fight for justice.“Our greatest wish is that no election worker or voter or school board member or anyone else ever experiences anything like what we went through,” she said.Alan Feuer More

  • in

    Mark Meadows’s Lawyer Pressed on Bid to Move Georgia Election Case to Federal Court

    A panel of appeals court judges appeared skeptical of the arguments on Friday on behalf of Mark Meadows, the former White House chief of staff.A lawyer for Mark Meadows, the White House chief of staff under former President Donald J. Trump, faced tough questions from a panel of judges on Friday as Mr. Meadows renewed his bid to move a Georgia election interference case from state court to federal court.The panel of three appeals court judges heard brief oral arguments from a Georgia prosecutor and a lawyer for Mr. Meadows over the jurisdiction of the case, in which Mr. Meadows is accused of working with a group of people to overturn Mr. Trump’s 2020 election loss in the state.The judges asked sharp questions of both sides but seemed particularly skeptical of the arguments advanced by Mr. Meadows, who claims that the allegations against him concern actions he took as a federal officer and thus should be dealt with in federal court.Moving the case to federal court would give Mr. Meadows advantages, including a jury pool drawn from a wider geographic area with moderately more support for Mr. Trump. But in September, a federal judge sided with the prosecutors, writing that Mr. Meadows’s conduct, as outlined in the indictment, was “not related to his role as White House chief of staff or his executive branch authority.”Mr. Meadows appealed that decision to the U.S. Court of Appeals for the 11th Circuit, where the three-judge panel — consisting of two Democrat-appointed judges and one Republican-appointed judge — peppered lawyers with questions on Friday in an ornate courtroom in downtown Atlanta.In her questioning of Mr. Meadows’s lawyer, Judge Nancy Abudu, an appointee of President Biden, said that Mr. Meadows’s own testimony, in August, had seemed to broadly define what actions were part of his official duties as chief of staff.“The testimony that was provided essentially didn’t provide any outer limits to what his duties were,” Judge Abudu said. “So it’s almost as if he could do anything, in that capacity, as long as he could say it was on behalf of the president.”But Mr. Meadows’s lawyer, George J. Terwilliger III, countered that Mr. Meadows did not need to establish those limits, but rather only had to “establish a nexus” to the duties of his federal job. Mr. Terwilliger’s argument focused on the idea that keeping the case in state court would be inappropriate because it would require a state judge to decide important matters relating to federal law, such as what the role of White House chief of staff entails.“That makes no sense,” Mr. Terwilliger said. “Those are federal questions that need to be resolved in federal court.”In addition to Judge Abudu, the panel included Chief Circuit Judge William Pryor, an appointee of President George W. Bush, and Judge Robin Rosenbaum, an appointee of President Barack Obama. The case concerns the concept of “removal,” which means essentially transferring a case from state to federal court; if the case was removed, Mr. Meadows would continue to face the same charges.The case against Mr. Meadows stems from a lengthy investigation by Fani T. Willis, the Fulton County district attorney, that led to her charging 19 people — including Mr. Trump — with racketeering and other charges related to their attempts to keep Mr. Trump in power. Four of those defendants have reached plea agreements with Ms. Willis’s office, and another four besides Mr. Meadows are seeking to have their cases moved to federal courts, including Jeffrey Clark, a former high-ranking Justice Department official. Mr. Meadows, Mr. Trump and Mr. Clark have pleaded not guilty.To move his case to federal court, Mr. Meadows’s lawyers must show that his actions — as alleged in the indictment — were within the scope of his job duties as chief of staff, and that Mr. Meadows still counts as a federal officer even though he no longer holds that position.Lawyers with Ms. Willis’s office have argued that Mr. Meadows was taking political actions in service of Mr. Trump’s re-election campaign, rather than operating in his role as chief of staff. Donald Wakeford, a top prosecutor in Ms. Willis’s office, also argued on Friday that Mr. Meadows no longer has the ability to move his case to federal court because he is no longer a federal officer.The judges posed several hypotheticals to Mr. Wakeford about whether that interpretation might allow states to charge unpopular federal officials shortly after they left office. Mr. Wakeford argued that regardless of such concerns, the relevant federal law does not indicate that former federal officials can move their cases out of state court.Among the criminal acts alleged in the indictment of Mr. Meadows is a phone call on Jan. 2, 2021, between Mr. Trump and Brad Raffensperger, the Georgia secretary of state, in which Mr. Trump said he wanted to “find” nearly 12,000 more Trump votes, enough to reverse his defeat. Mr. Meadows testified in August that Mr. Trump had directed him to set up that phone call. In December 2020, Mr. Meadows also made a surprise visit to Cobb County, Ga., accompanied by Secret Service agents, intending to view an audit that was in progress there. Local officials declined to let him do so because it was not open to the public.No matter what the appeals court decides, lawyers for either side could ask the Supreme Court to take up the case, potentially enmeshing the nation’s top court in a contentious political case during an election year.The challenge Mr. Meadows faces was summed up by Judge Rosenbaum. “According to him, it seems like everything was within his official duties,” she said during the proceeding. “And that just cannot be right.” More

  • in

    Election Workers’ Lawyer Asks Jury for Large Damages From Giuliani for Defamation

    In closing arguments, the lawyer for two former Georgia election workers defamed by Rudolph Giuliani said a big jury award would deter future attacks by powerful people.A lawyer for two former Georgia election workers told members of a jury in federal court on Thursday that they should send a message in considering how much Rudolph W. Giuliani should have to pay for spreading defamatory lies about them as part of his effort three years ago to keep President Donald J. Trump in office.“Send it to Mr. Giuliani,” the lawyer, Michael J. Gottlieb, said in his closing argument. “Send it to any other powerful figure with a platform and an audience who is considering whether they will take the chance to seek profit and fame by assassinating the moral character of ordinary people.”The election workers, Ruby Freeman and Shaye Moss, who were counting ballots at State Farm Arena in Fulton County, Ga., on Nov. 3, 2020, are asking for at least $24 million each from Mr. Giuliani for baselessly accusing them of cheating Mr. Trump out of votes and broadcasting that lie to millions of followers on social media.Judge Beryl A. Howell of the Federal District Court in Washington has already found that Mr. Giuliani, who served as Mr. Trump’s personal lawyer and helped lead the effort to overturn the 2020 election result, defamed the women. The jury in the civil trial is only being asked to determine what damages Mr. Giuliani should pay.The jurors adjourned on Thursday afternoon and were set to pick up their deliberations on Friday.In a last-minute decision, Mr. Giuliani decided not to testify as planned on Thursday. His lawyer and Judge Howell had expressed concerns for days that Mr. Giuliani would repeat his unfounded claims of election fraud from the stand, as he did on Monday outside the courthouse when he attacked Ms. Freeman and Ms. Moss again.Mr. Giuliani’s lawyer, Joseph Sibley IV, also asked the jury to send a message, by not landing on a “catastrophic” dollar figure.“I’m asking you to be reasonable and be just,” Mr. Sibley said.Mr. Sibley said that Mr. Giuliani has admitted that he was wrong, but that the torrent of abuse directed at Ms. Freeman and Ms. Moss after his statements about them was not entirely his fault.Mr. Sibley argued that Mr. Giuliani did not himself say all of the horrible and racist things or encourage violence against the women, and that no amount of money could realistically repair the women’s reputations in the eyes of the people who believe the lies. Mr. Giuliani, he said, knows that defamation is wrong, because he believes he has been defamed by President Biden.Mr. Sibley asked jurors to remember Mr. Giuliani by the reputation he had 20 years ago, after serving as mayor of New York City and as a federal prosecutor who took down the mob.“Rudy Giuliani shouldn’t be defined by what’s happened in recent times,” Mr. Sibley said. “This is a man who did great things.”During the trial, Ms. Freeman and Ms. Moss, who are mother and daughter, delivered emotional testimony about how the falsehoods spread by Mr. Giuliani ruined their lives.They told the jury they had received hundreds of threatening and racist messages from people who believed Mr. Giuliani’s assertion, causing them to lose their livelihoods, move out of their homes and suffer emotional distress. More

  • in

    Liz Cheney’s Checkered History

    Deep in her new book, “Oath and Honor,” Liz Cheney points out that the likeness of Clio, the Greek muse of history, is found in the Capitol’s National Statuary Hall. “Clio is depicted riding in the chariot of time, making notes in the book in her hand,” Cheney writes, “as a reminder that what we do in the Capitol Building is written in the pages of history.”Cheney’s book is likewise an attempt to write the history of our time, a history in which Cheney has become a protagonist. Her telling of this history, though vital, is unnecessarily partial. If this book is intended as both “a memoir and a warning,” as its subtitle declares, Cheney delivers on only half of that promise.The warning Cheney issues is clear and persuasive: A second presidential term for Donald Trump would pose great risks to the nation’s democratic practices and identity. A retribution-minded, Constitution-terminating leader buttressed by unscrupulous advisers and ethically impaired lawyers could, she argues, “dismantle our republic.” As both a witness and a target of the Jan. 6 assault on the Capitol and as a leader of the House committee that investigated the attack, Cheney recognizes the power of the mob that Trump commands. She also understands the cowardice of his enablers in the Republican Party, the same kind of loyalists who would populate — or at least seek to justify — a second Trump administration.“The assumption that our institutions will protect themselves is purely wishful thinking by people who prefer to look the other way,” Cheney writes. And that was before Trump suggested that he would act dictatorially in his new term, if only on day one.As a memoir, however, Cheney’s book is overly narrow, and at times curiously uncurious. Yes, anyone interested in the author’s recollections from inside the House chamber on Jan. 6 will find plenty of material (when Jim Jordan of Ohio approached her to help “get the ladies” off the aisle, Cheney swatted his hand away, retorting, “Get away from me. You f — ing did this.”), and Cheney is unstinting in her contempt for Kevin McCarthy, then the Speaker of the House, whom she describes as unprincipled and unintelligent in roughly equal doses. (She even finds McCarthy less substantive and capable than Democratic leaders in the House, like Nancy Pelosi — a savage dig in G.O.P. world.)Yet, for all the insider detail Cheney offers, her memoir is truncated, treating the period between the 2020 election and the Jan. 6 attack as the beginning of history, or the only history that matters, as though no prior warnings about Trump had been warranted or even audible. Cheney once believed in the staying power of the country’s constitutional principles, she writes, “but all that had changed on January 6 of 2021.”Did nothing change for Cheney before Jan. 6? Not anything at all?Cheney, who has said elsewhere that she regrets voting for Trump in 2020, seems disinclined to revisit or reconsider in this book why she and so many others made their peace with earlier signs of Trump’s authoritarian, anti-constitutional impulses. Her explanation for voting against Trump’s first impeachment is thin; she wishes the Democrats had moved to subpoena John Bolton, Trump’s former national security adviser, to gather additional evidence. It’s a grudging excuse from Cheney, who, as a former State Department official, no doubt can recognize when diplomacy is being manipulated for domestic political gain.Instead, she merely decries those who failed to pivot away from Trump after the 2020 election and Jan. 6, blaming their social-media silos and their exposure to pro-Trump news outlets like Fox News and Newsmax. A longtime Wyoming donor, for example, had “fallen for all the nonsense” about election fraud, Cheney writes, while a close family friend “fell for the lies, hook, line, and sinker.”I did not expect “Oath and Honor” to double as a mea culpa; in any case, Cheney does not seem the type to dabble much in remorse. Her courage in challenging her party over Trump’s election fantasies is hardly rendered meaningless by her prior support for Trump, and her leadership of the House Jan. 6 committee elevated patriotism over partisanship. But history did not in fact begin with that day of violence at the Capitol nearly three years ago. Trump’s unceasing deceit, his disdain for the norms of his office and his assault on the institutions of government spanned his presidency, not just its closing weeks. And his declarations of supposed electoral fraud against him far predated the 2020 presidential contest; his similar rants ahead of the 2016 election were rendered moot only by his unlikely victory.Whether they are elected officials, media personalities, lawyers, family friends or the mob itself, people don’t just swallow Trump’s lies hook, line and sinker all of a sudden. They are lured in, one speech, one deception, one promise at a time, until a lie becomes a worldview. The most serious Trump enablers may indeed include elected officials like McCarthy and his successor Mike Johnson, both of whom brazenly supported Trump’s attempt to undo the 2020 election, and who come in for serious grief in Cheney’s book. But they are not the only ones who, at key moments throughout the Trump presidency, preferred to look the other way. Even those former supporters turned vocal opponents owe some explanation of why their minds needed changing — if only because their transformation can help illuminate the mindset of those who decline to follow their lead.It is largely correct to write, as Cheney does, that “no amount of evidence would ever convince a certain segment of the Republican Party.” It is also largely unhelpful.The irony of the history Cheney highlights in “Oath and Honor” is that her focus on the final days of Trump’s term in late 2020 and early 2021 proves quite helpful in anticipating what the early days of a second term might bring. Most of those troublesome “adults in the room” from the first Trump administration will be gone, consigned to the green room instead of the Cabinet Room. No one will threaten to resign citing principles for the simple reason that they won’t have any; loyalty will be their chief qualification.Cheney recalls how Ronald Reagan described America’s orderly transfer of power every four years as “nothing less than a miracle,” and she worries of the dangers that loom when that transfer grows disorderly. The transition from an outgoing administration to an incoming one is “a time of heightened potential vulnerability” for the country, Cheney writes, and she notes how, immediately after the 2020 election, Trump subbed out key senior officials — including the defense secretary — in favor of more pliable replacements. “Why was he appointing inexperienced loyalists to the most senior civilian positions in the Pentagon at a moment when stability was key?” Cheney asks. (After her service on the Jan. 6 committee, Cheney is able to answer her own question, concluding that Trump was considering “deploying our military for some election-related purpose.”) The president also tried to replace the attorney general with someone willing to falsely assert in writing that the 2020 vote was corrupt; only when multiple senior Justice Department officials threatened to resign did Trump back down.Now imagine an administration staffed that way from the beginning, starting on Jan. 20, 2025, and buttressed by empowered collaborators in Congress, and you’ll grasp Cheney’s most serious warning. “I am very sad to say,” she acknowledges in her final pages, “that America can no longer count on a body of elected Republicans to protect our republic.” It’s a remarkable statement considering the political lineage of its author, but a defensible one. Just as the history Liz Cheney tells in “Oath and Honor” should go back further than the lies about 2020 and the scandal of Jan. 6, the damage of a second Trump term would extend far beyond whatever measures he might inflict on day one.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, Instagram, TikTok, X and Threads. More

  • in

    The Supreme Court Can Stop Trump’s Delay Game

    This is a good week to remember that, in the hours after Senate Republicans refused to convict Donald Trump for inciting the Jan. 6 Capitol attack, Mitch McConnell, then the majority leader, offered a hint of future comeuppance for the former president. Mr. Trump, he said, was still liable for everything he did as president.“He didn’t get away with anything yet — yet,” Mr. McConnell said on the Senate floor on Feb. 13, 2021. “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being accountable by either one.”Almost three years later, we are approaching the moment of truth. Mr. Trump, under federal indictment for his role in the insurrection, is attempting to evade legal accountability as he always has, by delay and misdirection.On Monday night, the case reached the Supreme Court, where litigation is normally measured in months, if not years. That’s understandable, especially when legal issues are complex or involve matters of great public significance. The course of justice is slow and steady, as the tortoise sculptures scattered around the court’s building at One First Street symbolize.But sometimes time is of the essence. That’s the case now, as the court weighs whether to expedite the case against Mr. Trump, who is trying to get his criminal charges thrown out a few weeks before the Republican primaries begin, and less than a year before the 2024 election.Last week after the federal trial judge, Tanya Chutkan, rejected Mr. Trump’s legal arguments that he is immune from prosecution, he appealed to the federal appeals court in Washington, a process that he clearly hoped would add weeks of delay. The special counsel Jack Smith countered by going directly to the Supreme Court, asking the justices to take the case away from the appeals court and rule quickly.It was, he acknowledged, “an extraordinary request” for “an extraordinary case.” The justices took the hint, ordering Mr. Trump to file his response by next week — lightning speed compared to the court’s usual pace.The prosecution was further complicated on Wednesday, when the justices agreed to hear a case challenging the government’s reliance on a particular obstruction charge against hundreds of Jan. 6 attackers, and against Mr. Trump himself.Prosecuting a presidential candidate during a campaign is not an ideal situation. Still, the justices were right not to sit on Mr. Smith’s appeal. The American people deserve to know, well before they head to the polls, whether one of the two probable major-party candidates for president is a convicted criminal — whether he is guilty, no less, of conspiring to subvert the outcome of a free and fair election to keep himself in power. The Jan. 6 trial — one of four Mr. Trump is expected to face over the coming months, and arguably the most consequential of all — is scheduled to start in early March, and it cannot move forward until the court decides whether he as a former president is immune from prosecution for his actions in office.The good news is there’s nothing stopping them. The justices are fully capable of acting fast when the circumstances demand. Consider the 2000 presidential election: the dispute over Florida’s vote count rocketed up to the court not once but twice in a matter of days in early December. The court issued its final opinion in Bush v. Gore, which was 61 pages in all, including dissents, barely 24 hours after hearing oral arguments.In 1974, the court managed to decide another hugely consequential case involving the presidency — Richard Nixon’s refusal to turn over his secret Oval Office tapes — over the course of a few weeks in June and July. The court’s ruling, which came out during its summer recess, went against Mr. Nixon and led to his resignation shortly after.The stakes in both cases were extraordinary, effectively deciding who would (or would not) be president. In both cases, the justices knew the country was waiting on them, and they showed they have no trouble resolving a legal dispute rapidly. The Jan. 6 charges against Mr. Trump are similarly consequential. Never in American history has a sitting president interfered with the peaceful transfer of power. No matter their positions on Mr. Trump and his eligibility to run again, all Americans have a compelling interest in getting a verdict in this case before the election.For that to happen, the Supreme Court needs to rule on Mr. Trump’s claim of executive immunity, one of a narrow category of appeals that can stop a trial in its tracks rather than having to wait until after conviction to be filed. The former president’s argument is that his actions to overturn the election were taken in the course of his official duties, and thus that he is absolutely immune from prosecution for them. It’s an absurd claim, as Judge Chutkan explained in denying it on Dec. 1.“Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass,” she wrote. “Defendant’s four-year service as commander in chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.”Mr. Trump made two additional arguments, involving double jeopardy and the First Amendment, that were even weaker than the immunity claim, and Judge Chutkan denied those as well. She was probably tempted to toss out all of them as frivolous, as so many of Mr. Trump’s delaying tactics, dressed up as legal arguments, turn out to be. Instead she erred on the side of caution because no one has ever made such arguments, so there is no legal precedent for assessing their validity.Of course, the reason no one has made these arguments is that no former president has been criminally charged before. This is classic Trump, freeloading on everyone else’s respect for the law. You can drive 100 m.p.h. down the highway only if you are confident the other cars will stay in their lanes.The irony is that, even as he seeks to delay and obstruct the justice system, Mr. Trump is bolstering the case for a speedy trial thanks to his repeated threatening outbursts on social media. He has attacked the judge, the prosecutor and others, including those who are likely to testify against him. Statements like those endanger the safety of witnesses and the basic fairness of the trial, and have resulted in a gag order against the former president, but they are routine for a man who has spent a lifetime acting out and daring decent Americans everywhere to do something, anything, to stop him.“He keeps challenging the system to hold him accountable,” Kristy Parker of Protect Democracy, a nonpartisan advocacy group, told me. Most any other defendant who behaved in this way would risk being thrown in jail for violating the conditions of their bail, she said, but “no one wants to see him locked up prior to trial. It’s not going to be good for American society.”She was referring to the propensity for threats and violence that Mr. Trump’s supporters, egged on by their overlord, have shown in the face of any attempt to hold him to account. At this point, however, many Americans have accepted that risk as part of the price of cleansing the nation of a uniquely malicious political figure. We know the violence is coming, just as we know Mr. Trump will claim that any election he doesn’t win is rigged against him.“The best way to do anything about this is to have the trial soon,” Ms. Parker said. Right now, there are nine people in America who can help guarantee that is what happens.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, Instagram, TikTok, X and Threads. More

  • in

    Election Worker Tells Jury: ‘Giuliani Just Messed Me Up’

    Ruby Freeman, one of two Georgia election workers found to have been defamed by Rudolph W. Giuliani, testified at the trial held to set the damages he will have to pay.Ruby Freeman, a former Georgia election worker, sat in a federal courtroom on Wednesday and told a jury: “Giuliani just messed me up, you know.”She was referring to Rudolph W. Giuliani, who was sitting a few feet from her, as she described how her life has been upended since Dec. 3, 2020. That was the date Mr. Giuliani, then the personal lawyer to President Donald J. Trump, directed his millions of social media followers to watch a video of two election workers in Fulton County, Ga., asserting without any basis that they were cheating Mr. Trump as they counted votes on Election Day.The workers were Ms. Freeman and her daughter, Shaye Moss.Ms. Freeman, who is Black, recounted what followed: a torrent of threats, accusations and racism; messages from people who said she should be hanged for treason, or lynched; people who fantasized about hearing the sound of her neck snap.They found her at her home. They sent messages to her business email and social media accounts. They called her phone so much that it crashed, she said.The harassment got so bad that the F.B.I. told Ms. Freeman she was not safe in the home where she had lived for years. She stayed with a friend until she felt she put that friend at risk after law enforcement officials told her they had arrested someone who had her name on a death list.Ms. Freeman’s name had become a rallying cry across conservative news outlets, embodying a conspiracy theory that Trump supporters embraced as they tried to keep him in office.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

  • in

    Judge Pauses Trump Election Case Amid Appeal of Immunity Issue

    The decision by the judge to freeze the case came as the former president’s lawyers asked an appeals court to move slowly in considering his claims that he is immune from prosecution.A federal judge on Wednesday put on hold all of the proceedings in former President Donald J. Trump’s trial on charges of plotting to overturn the 2020 election as his lawyers asked an appeals court to move slowly in considering his claim that he is immune from prosecution in the case.The separate but related moves were part of an ongoing struggle between Mr. Trump’s legal team and prosecutors working for the special counsel, Jack Smith, over the critical question of when the trial will actually be held. It is now scheduled to begin in Washington in March.On Wednesday morning, Mr. Trump’s lawyers asked the federal appeals court to avoid setting an expedited schedule as it considered whether to dismiss the election subversion charges based on the former president’s sweeping claims of executive immunity.In a 16-page filing that blended legal and political arguments, the lawyers asked a three-judge panel of the court not to move too quickly in mulling the question of immunity, saying that a “reckless rush to judgment” would “irreparably undermine public confidence in the judicial system.”“The manifest public interest lies in the court’s careful and deliberate consideration of these momentous issues with the utmost care and diligence,” wrote D. John Sauer, a lawyer who is handling the appeal for Mr. Trump.On Wednesday afternoon, the trial judge overseeing the election case, Tanya S. Chutkan, handed Mr. Trump a victory by suspending all “further proceedings that would move this case towards trial” until the appeal of the immunity issue is resolved.Mr. Trump’s lawyers had requested the pause when they first decided to challenge Judge Chutkan’s rejection of the former president’s immunity claim. Mr. Trump had argued in his initial motion to dismiss the case that he was “absolutely immune” to the election interference charges because they were based on actions he took while he was in office.The former president’s filing to the U.S. Court of Appeals for the District of Columbia Circuit came two days after prosecutors working for Mr. Smith asked the same judges to fast-track the appeal. The prosecutors argued that keeping the underlying case moving forward would vindicate the public’s interest in a speedy trial.Mr. Smith has also filed a parallel request to the Supreme Court, asking the justices to consider the immunity issue even before the appeals court does and to issue their decision quickly. Mr. Trump’s lawyers have until Dec. 20 to respond to that request.In another move on Wednesday, the Supreme Court agreed to hear a separate case with a bearing on Mr. Trump’s prosecution. The court said it would consider whether the former president and hundreds of people who have been prosecuted for the Jan. 6, 2021, assault on the Capitol can be charged in those cases under a federal law that makes it a crime to corruptly obstruct or impede an official proceeding.Winning the appeal of the immunity issue has been only one of Mr. Trump’s goals. All along, he and his lawyers have had an alternate strategy: to delay the trial on election interference charges for as long as possible.If Mr. Trump is able to postpone the trial until after next year’s election and ultimately wins the race, he will have the power to simply order the charges to be dropped. Holding a trial after the race would also mean that voters would not have had a chance to hear any of the evidence that prosecutors collected about Mr. Trump’s expansive efforts to reverse the results of the previous election.Mr. Smith’s team has never explicitly suggested that they are worried that if Mr. Trump is re-elected he will use his political victory as a means to quash his legal problems. Instead, they have framed their concerns about the scheduling of the case in a different way, saying they are seeking to protect the enormous public interest in seeing the case resolved in a timely fashion.Mr. Sauer rejected that position in his filing to the appeals court, accusing Mr. Smith of using the case to damage Mr. Trump’s candidacy.“The date of March 4, 2024, has no talismanic significance,” he wrote. “Aside from the prosecution’s unlawful partisan motives, there is no compelling reason that date must be maintained.”Mr. Trump’s lawyers have long complained that the trial is itself a form of election interference. They say that the scheduled start date of March 4 is just one day before Super Tuesday, the most important date in the primary election season.Mr. Trump’s legal team has used its immunity appeal to launch political attacks against Mr. Smith and the Biden administration and cast the indictment as a partisan effort to derail Mr. Trump’s third bid for the White House.“The prosecution has one goal in this case: to unlawfully attempt to try, convict and sentence President Trump before an election in which he is likely to defeat President Biden,” Mr. Sauer wrote. In his appellate papers, Mr. Sauer also complained that the sped-up schedule Mr. Smith has asked for would require Mr. Trump’s legal team to “work round-the-clock through the holidays.” “It is as if the special counsel growled, with his Grinch fingers nervously drumming, ‘I must find some way to keep Christmas from coming,’” Mr. Sauer wrote, quoting the famous Dr. Seuss book.In a sign of how just how fast they would like to move, prosecutors responded to Mr. Sauer’s filing within a matter of hours.“The public’s need for a speedy resolution of these important legal issues,” they wrote, “take precedence over personal scheduling issues.” More