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    Trump’s Georgia Lawyer, Steven Sadow, May Soon Drop His Quiet Strategy

    Steven Sadow’s minimalist approach in the racketeering case against his client has created some dramatic tension, but his silence may be coming to an end.Steven H. Sadow, the lead lawyer for former President Donald J. Trump in his Georgia criminal case, has been praised by the Atlanta rapper T.I. — one of Mr. Sadow’s former clients — as “probably the best criminal defense attorney of his time,” a man with “a slight hint of genius.”If so, much of that genius has remained bottled up since Mr. Trump’s indictment in Georgia over the summer. Mr. Sadow, a heavyweight in the Atlanta legal world who specializes in representing what he calls “high profile individuals,” has so far kept a low profile in the state election interference case, largely piggybacking on briefings from other lawyers representing Mr. Trump’s co-defendants.Mr. Sadow has only rarely spoken publicly about the case. And at a number of related court hearings, he has shown up alone, in his trademark cowboy boots, observing the proceedings from the courtroom gallery.His minimalist approach stands in marked contrast to those of other, more voluble lawyers that Mr. Trump has retained around the country to deal with his legal problems. It has also lent a certain dramatic tension to the Georgia case. He is like a featured soloist in a band who has yet to really play.The quiet period may soon be coming to an end. This week, Mr. Sadow filed a motion arguing that before any trial, the Georgia courts should weigh whether the 13 felony charges against Mr. Trump should be thrown out because his claims about voting fraud after he lost the 2020 election were protected by the First Amendment.And on Friday, Mr. Sadow is expected to make his first significant court appearance in the case, to argue that Mr. Trump should be granted access to evidence gathered by federal prosecutors in his separate election interference case in Washington.The hearing could provide early hints of Mr. Sadow’s long-game strategy, and how he might incorporate lessons learned over decades of defending a colorful roster of clients including rappers and the occasional tabloid demi-celebrity.“This is an enormously creative guy who will design a defense based on all the tools at his disposal,” said Arthur W. Leach, a former assistant U.S. attorney who has faced off against Mr. Sadow.Like Mr. Trump’s lawyers in his other pending criminal cases, Mr. Sadow is trying not only to win exoneration for his client, but also to delay. Prosecutors have proposed an August start date for the Georgia trial, but Mr. Trump would probably prefer that it be pushed beyond next fall’s presidential election, in which he is a candidate.The indictment accuses the former president and 14 allies of conspiring to overturn Mr. Trump’s 2020 loss in Georgia; four other defendants have pleaded guilty and agreed to cooperate with prosecutors.Mr. Sadow, 69, declined an interview request. He has previously let it be known that he is not a Trump supporter. He took over as Mr. Trump’s lead lawyer on the day of the former president’s voluntary surrender in August, replacing Drew Findling, known as the Billion Dollar Lawyer for his work defending prominent hip-hop artists.Mr. Sadow’s friends say that he most likely took the case for the challenge, as well as for the money. Mr. Findling’s firm was paid at least $816,000 for about a year’s worth of work, according to public records.Legal experts say that Mr. Sadow’s understated approach is a calculated strategy.Judge Scott McAfee of Fulton County Superior Court at a hearing for Harrison Floyd, part of the Georgia election indictments. Pool photo by Dennis ByronHe has probably been watching the moves of other defendants’ lawyers to see which approaches fare best with Judge Scott McAfee of Fulton County Superior Court, who is relatively new to the bench. Mr. Sadow has occasionally joked to reporters that there was no reason he should write his own briefs when other lawyers who happen to be great writers have already done good work.Mr. Sadow may be trying not to put anything on paper that could inadvertently help Jack Smith, the prosecutor in the separate federal election interference case against Mr. Trump, which is scheduled to go to trial in Washington in March.“I don’t think anybody on Trump’s legal team in Georgia wants to do anything that will remotely rock the boat in D.C.,” said Anthony Michael Kreis, a law professor at Georgia State University.In courtrooms in Atlanta and beyond, Mr. Sadow has shown an aptitude for aggressive cross-examination and thinking on his feet.Christian Fletcher, a client of Mr. Sadow’s who was acquitted in a major health care fraud case in March, said Mr. Sadow’s real strength was his feel for people, and for how jurors think. “It’s like he downloads who you are as a person,” he said, “and what moves you.”In an online interview with his client T.I., the rapper, Mr. Sadow said he did his own legal research because “I don’t think anybody else can do it better than me.” He also said he had been called to the profession to curb the excesses of government power.“People need to be looked after and protected,” he told the performer. “They’ve got to be protected against the government” — because, he said, the government does not care about most people.In addition to T.I., who was pleased with the plea deal and the one-year prison sentence that Mr. Sadow helped him secure when he faced a federal gun charge, he has represented the rappers Gunna and Rick Ross, who occasionally name-drops Mr. Sadow in his lyric.The rapper T.I. has praised Mr. Sadow, who arranged a plea deal for him on a federal gun charge.Nicole Craine for The New York Times“Indictment on the way, got Sadow on the case,” he rapped on his 2019 song “Turnpike Ike.”In 2000, Mr. Sadow obtained an acquittal for Joseph Sweeting, who had been charged in the stabbing deaths of two men after a Super Bowl party in Atlanta. The case earned national attention because Ray Lewis, the Baltimore Ravens football star, had also been charged; Mr. Lewis reached a plea agreement with prosecutors.Mr. Sadow also represented Steven E. Kaplan, the owner of a notorious Atlanta strip club called the Gold Club, which was targeted by federal prosectors who claimed it had mob connections and allowed prostitution. Mr. Sadow called it a “very good deal” when Mr. Kaplan, who had been facing decades in prison, pleaded guilty to a racketeering charge in 2001, receiving a 16-month sentence and a $5 million fine.What those successes will bring to bear on Mr. Trump’s case is hard to say. Mr. Sadow faces the uphill task of winning over a jury in Fulton County, where President Biden won 73 percent of the vote in 2020. A number of legal experts following the case expect Mr. Sadow to file a motion soon arguing that Mr. Trump should be immune from the Georgia charges because he was the president. Mr. Trump’s lawyers in the Washington case have filed a similar motion that many experts say is unlikely to succeed.Mr. Sadow grew up in Ohio and moved to Atlanta in the 1970s to attend Emory Law School. Even back then, said Martin Salzman, a lawyer and a former classmate, he excelled at thinking up alternate theories for a case.“I said, ‘You just think like a criminal — that’s why you like criminal law,’” Mr. Salzman recalled, chuckling. “He really comes up with theories that most other people just don’t, in order to bring up a reasonable doubt.” More

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    McCarthy Claimed Trump Was ‘Not Eating’ After Leaving Office, Cheney Says

    In a new memoir, Liz Cheney wrote that Kevin McCarthy justified his trip to Mar-a-Lago by saying the former president was depressed after losing re-election.Former President Donald J. Trump was “really depressed” in the days after losing re-election and leaving office in January 2021, so much so that he was “not eating.”At least that is what Kevin McCarthy told Liz Cheney in trying to explain why he had traveled to Mr. Trump’s Mar-a-Lago estate in Florida, an act of solidarity that many have identified as a pivotal moment in reviving the former president’s political viability.Mr. McCarthy, the California congressman who was then the House Republican leader, had condemned Mr. Trump for fueling the Jan. 6 mob attack on the Capitol and even suggested that he resign, only to turn around and effectively absolve the former president by embracing him again. In her new book, Ms. Cheney, perhaps the country’s most vocal anti-Trump Republican, reports that Mr. McCarthy justified the Jan. 28 visit as an act of compassion for a beaten ally.Ms. Cheney wrote that she was so shocked when she first saw the photograph of Mr. McCarthy and Mr. Trump standing side by side with grins on their faces that she thought it was a fake. “Not even Kevin McCarthy could be this craven, I thought,” she wrote. “I was wrong.” She went to see Mr. McCarthy to confront him about rehabilitating the twice-impeached former president who had just tried to overturn an election he lost.“Mar-a-Lago?” she asked Mr. McCarthy, according to the book. “What the hell?”He tried to downplay the meeting, saying he had already been in Florida when Mr. Trump’s staff called. “They’re really worried,” Mr. McCarthy said by her account. “Trump’s not eating, so they asked me to come see him.”“What?” she recalled replying. “You went to Mar-a-Lago because Trump’s not eating?”“Yeah, he’s really depressed,” Mr. McCarthy said.Ms. Cheney’s book, “Oath and Honor,” a copy of which was obtained by The New York Times ahead of its publication on Tuesday, offers a scathing assessment of not only Mr. McCarthy but an array of Republicans who in her view subordinated their integrity to curry favor with Mr. Trump. Her account of his subjugation of the party presents a tapestry of hypocrisy, with inside-the-room scenes of Republicans privately scorning “the Orange Jesus,” as one wryly called him, while publicly doing his bidding.Ms. Cheney with Kevin McCarthy a few weeks after the Jan. 6 attack on the Capitol.Anna Moneymaker for The New York TimesThe much-anticipated memoir arrives on bookshelves even as Mr. Trump is in a commanding position to win next year’s Republican presidential nomination. Ms. Cheney, who represented Wyoming in Congress and led the House Republican Conference, making her the third-ranking member of her party, has assailed him as a budding autocrat in more visceral terms than most of his challengers for the nomination.The daughter of former Vice President Dick Cheney and a conservative star in her own right who was once on track to become House speaker, Ms. Cheney ultimately paid a price for her opposition to Mr. Trump and her service as vice chair of the House committee that investigated his role in instigating the Jan. 6 attack. She lost her leadership position and eventually her seat in a Republican primary last year. But she has vowed to do whatever she can to keep Mr. Trump from returning to the Oval Office.Indeed, she subtitled her book “A Memoir and a Warning” to make the point that Mr. Trump represents a clear and present danger to America if he is on the ballot next November. “We will be voting on whether to preserve our republic,” she wrote. “As a nation, we can endure damaging policies for a four-year term. But we cannot survive a president willing to terminate our Constitution.”A re-elected Mr. Trump, she said, would face few checks on his power. “Step by step, Donald Trump would tear down the other structures that restrain an American president,” she wrote. “The assumption that our institutions will protect themselves,” she added, “is purely wishful thinking by people who prefer to look the other way.”Asked for comment on Wednesday, Mr. Trump, who has openly called for “termination” of the Constitution to immediately remove President Biden from office and reinstall himself without waiting for another election, did not directly address any of Ms. Cheney’s specific assertions but simply dismissed her as a disgruntled critic.“Liz Cheney is a loser who is now lying in order to sell a book that either belongs in the discount bargain bin in the fiction section of the bookstore or should be repurposed as toilet paper,” Steven Cheung, a spokesman for Mr. Trump, said by email. “These are nothing more than completely fabricated stories because President Trump is the clear front-runner to be the Republican nominee and the strongest candidate to beat Crooked Joe Biden.”Likewise, Mr. McCarthy did not deny anything in the book, copies of which have also been obtained by CNN and The Guardian. His office released a statement saying, “For Cheney, first it was Trump Derangement Syndrome, and now apparently it’s also McCarthy Derangement Syndrome.”In Ms. Cheney’s telling, Mr. Trump knew that he lost the 2020 election even as he told the public that he had not — and she cited no less than Mr. McCarthy as a witness. Just two days after the November election, she said, Mr. McCarthy told her he had spoken to Mr. Trump. “He knows it’s over,” she quoted him saying. “He needs to go through all the stages of grief.”That could in theory make Mr. McCarthy an important witness in the federal or state criminal cases against Mr. Trump, refuting any defense by the former president’s lawyers that he was acting on good-faith belief that fraud had stolen the election from him.Also depicted as a Trump acolyte is Representative Mike Johnson, a Louisiana Republican who in recent weeks vaulted from the backbench to the speakership after Mr. McCarthy’s support for Mr. Trump failed to save him from a right-wing rebellion.Mr. Johnson took the lead in trying to corral support for Mr. Trump’s effort to overturn the 2020 election. He sent an email to all House Republicans telling them that he had spoken with the president, who expected them to sign onto a friend-of-the-court brief to the Supreme Court. “He said he will be anxiously awaiting the final list to review,” Mr. Johnson wrote.Also depicted as a Trump acolyte is Representative Mike Johnson, a Louisiana Republican who in recent weeks vaulted from the backbench to the speakership.Kenny Holston/The New York TimesMs. Cheney took that as a veiled threat and said she was surprised about Mr. Johnson, whom she had thought of as a friend. “He appeared especially susceptible to flattery from Trump and aspired to being anywhere in Trump’s orbit,” she wrote. “When I confronted him with the flaws in his legal argument, Johnson would often concede, or say something to the effect of, ‘We just need to do this one last thing for Trump.’”At first, Mr. McCarthy agreed with her that the pro-Trump brief went too far and told her he would not sign it because it would interfere with the power of states to run their own elections. “It federalizes too much,” he told her. But a day later, his name was added to the brief after all.Mr. Johnson did not back down even after the Supreme Court unanimously rejected the case, sending Ms. Cheney a Fox News poll showing that 77 percent of Trump voters and 68 percent of Republicans believed the election had been stolen. “These numbers are big,” Mr. Johnson said, “and something we have to contend with as we thread the needle on messaging.”Ms. Cheney noted that Mr. Trump’s supporters believed the election was stolen because Republicans like Mr. McCarthy and Mr. Johnson were echoing his lies.Other Republicans were willing to toss aside traditions, norms and constitutional processes in the name of satisfying Mr. Trump’s desire to stay in power. When one Republican said during a meeting that they should not claim the election was rigged when there was no evidence, Representative Jim Jordan of Ohio, one of Mr. Trump’s staunchest allies, said, “The only thing that matters is winning.”Likewise, she assailed Senator Ted Cruz, Republican of Texas, for seeking to set aside the counting of Electoral College votes on Jan. 6 while a commission investigated election results that had already been recounted and certified. “It was one of the worst cases of abandonment of duty for personal ambition I’ve ever seen in Washington,” Ms. Cheney wrote.In some cases, she found that Republicans stayed loyal to Mr. Trump out of outright fear. One colleague told her he was worried about the safety of his wife and baby if he spoke out.Behind the scenes, though, other Republicans cheered her on. After she was one of only 10 House Republicans to vote to impeach Mr. Trump for his role in the Jan. 6 attack, former President George W. Bush sent her a note. “Liz, Courage is in short supply these days,” he wrote. “Thank you for yours. You showed strong leadership and I’m not surprised. Lead on. 43.”Her vocal criticism of Mr. Trump grated on other Republicans, highlighting what she called their “cowardice” in the face of the former president. When she contradicted Mr. McCarthy on Mr. Trump’s future role in the party during a joint news conference, Mr. McCarthy complained to her privately afterward.“You’re killing me, Liz,” he said.“Kevin, this is about the Constitution,” she replied. “Think of what Trump did. Think how appalled any of our previous Republican leaders would be about this. How would Reagan have reacted to this? How would Bush have reacted? Think of my dad.”Mr. McCarthy dismissed that line of thinking. “This isn’t their party anymore,” he said.On that, she wrote, she had to agree. More

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    Arizona Officials Charged With Conspiring to Delay Election Results

    An indictment accuses two Cochise County supervisors of interfering with the state canvass of votes. The county has been a hotbed of election conspiracy theories.Two Republican county supervisors in Arizona were indicted Wednesday on felony charges related to their attempts to delay the certification of 2022 election results.Kris Mayes, the state attorney general, announced in a statement that Peggy Judd and Tom Crosby, two of the three supervisors in Cochise County, face charges of interference with an election officer and conspiracy, criticizing what she described as their “repeated attempts to undermine our democracy.”Neither Ms. Judd nor Mr. Crosby could be reached for comment Wednesday.Last year, Ms. Judd and Mr. Crosby sought to order a hand count of the ballots that had been cast in Cochise, a heavily Republican rural county, citing conspiracy theories that had been raised by local right-wing activists. When a judge ruled against them, they voted to delay certification of the election before eventually relenting under pressure of a court order.The episode was closely watched by democracy advocates and election law experts, who saw in the supervisors’ machinations a worrying precedent. As Donald J. Trump’s false claims that the 2020 election was stolen from him became widely accepted in the Republican Party, local Republican officials in several closely contested states used suspicion of the election system on the right to justify delaying the certification of 2022 election results.In an interview with The New York Times last year, Ms. Judd said she did not actually suspect there were any irregularities in the vote in Cochise County. She characterized the move as a protest against the election certification in Maricopa, the large urban county that includes Phoenix, where right-wing activists had made an array of unproven claims of malfeasance.“Our small counties, we’re just sick and tired of getting kicked around and not being respected,” Ms. Judd said.Katie Hobbs, then Arizona’s secretary of state, sued the supervisors last November, arguing that their protest, which threatened to delay the statewide canvass, would disenfranchise the county’s voters. (The county’s third supervisor, Ann English, a Democrat, has opposed the others’ actions.) Republican candidates lost their races for most of the top statewide races in Arizona’s election, in which Ms. Hobbs, a Democrat, was elected governor.In October, the local Herald/Review newspaper and Votebeat reported that Ms. Judd and Mr. Crosby were subpoenaed by Ms. Mayes, a Democrat elected last year, to appear before a state grand jury in the attorney general’s investigation.Although local Republican officials interfering with election systems in other states since 2020 have faced criminal indictments on other grounds, the Cochise indictments are the first criminal charges filed over a refusal to certify an election.Jared Davidson, a lawyer for Protect Democracy, a watchdog group, argued that the prosecution could set an important precedent.“Pushing for potential criminal accountability is an important message, not just to election deniers in Arizona but across the country that if they indulge conspiracy theories and ignore the law and try to disenfranchise voters, there are real consequences,” he said. More

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    Trump Seeks to Use Trial to Challenge Findings That 2020 Election Was Fair

    The former president’s lawyers in his federal trial on charges of trying to overturn the election are asking to collect a wide range of evidence — including on unrelated issues like Hunter Biden.Lawyers for former President Donald J. Trump said in court papers that they planned to question the findings of several government agencies that the 2020 election was conducted fairly as part of their efforts to defend Mr. Trump against federal charges that he sought to overturn the results of the race.The lawyers also suggested in the papers that they intended to raise a host of distractions as part of their defense, indicating that they want to drag unrelated matters like Hunter Biden’s criminal prosecution and the investigation into former Vice President Mike Pence’s handling of classified documents into the election interference case.The twin filings by Mr. Trump’s lawyers late on Monday were formal requests to the prosecution to provide them with reams of additional material that they believe can help them fight the conspiracy indictment accusing Mr. Trump of seeking to subvert the lawful transfer of presidential power three years ago and stay in office despite his loss to Joseph R. Biden Jr.Criminal defendants routinely make such requests in what are known as motions to compel discovery, but many of those made in Mr. Trump’s two filings were long-shot efforts that are likely to be rejected. Ultimately, Judge Tanya S. Chutkan, who is overseeing the election interference case, will have the power to decide which, if any, of the records Mr. Trump will get.But even if his lawyers get far less than what they asked for, the scope of their requests can be read as a kind of outline of how they plan to fight the case, which is set to go to trial in March in Federal District Court in Washington.At the heart of their strategy, the court papers say, is a plan to call into question findings made by the intelligence community, the F.B.I. and other federal agencies that the election was not marred by widespread fraud.The lawyers intend to argue that government reports upholding the integrity of the election were in fact a “partisan effort to provide false assurances to the public.” By questioning the consensus that the election was secure, the lawyers are hoping to show that Mr. Trump was acting in good faith when he spread lies that the vote count had been rigged — a move that could weaken the prosecution’s attempts to prove his criminal intent.To make that argument, Mr. Trump’s legal team has asked Judge Chutkan to force the special counsel, Jack Smith, who is prosecuting the federal cases against the former president, to give it any internal government records that cut against the dominant view that the election had been conducted fairly.Those requests were only some of the 59 separate demands for records made in more than 70 pages of court papers submitted by Mr. Trump’s legal team. Looking for anything that could help them prove the race was not secure, the lawyers made additional requests for information about how federal officials assessed cyberattacks around the time of the election and about attempts by foreign governments to interfere in it.Suggesting yet another defense strategy, the lawyers also asked for any records that could help them undermine Mr. Smith’s contention that Mr. Trump was responsible for the violence that erupted at the Capitol on Jan. 6, 2021. They specifically asked Judge Chutkan to allow them access to any information about security measures implemented at the Capitol before the attack and about the presence of federal agents or informants who were on the ground during the riot.Almost from the moment the election interference indictment was handed up in August, Mr. Trump’s lawyers have tried to paint the case as a direct attempt by Mr. Biden to sabotage the man who is likely to be his chief rival in the 2024 election. They have advanced that argument not only without any evidence, but also in spite of the fact that the charges were filed by Mr. Smith, an independent prosecutor.The lawyers have specifically accused Mr. Biden of seeking to have Mr. Trump indicted in retaliation for the investigation of Hunter Biden, who was indicted in September on federal gun charges in a separate prosecution. And the discovery filings on Monday suggested that Mr. Trump’s lawyers would like nothing better than to muddy the waters of the election interference case by introducing evidence at trial about Hunter Biden.To that end, the lawyers requested any information concerning “coordination” between the Justice Department and the Biden administration or Mr. Biden’s family.In another far-fetched request, the lawyers asked for any records concerning dealings that the Justice Department had with Mr. Pence, who was investigated earlier this year after he returned to federal officials several classified documents he had kept when he left office.In their filing, Mr. Trump’s lawyers suggested without citing any evidence that Mr. Pence, who is likely to be a key government witness at the election interference trial, had “an incentive to curry favor with authorities” because of the potential charges he faced in his classified documents inquiry.Judge Chutkan will not issue a ruling on Mr. Trump’s requests until after prosecutors working for Mr. Smith respond to them next month. And her eventual decree about discovery is only one of several important decisions she will have to make in coming days.She is poised to issue an order about Mr. Trump’s claims that he enjoyed “absolute immunity” from the election charges because the indictment arose from official actions he took while in the White House. She is also expected to decide whether to allow cameras into her courtroom and televise the trial. More

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    Why Judges in the Trump Jan. 6 Trial Need a Rocket Docket

    If Donald Trump is the Republican nominee for president in 2024, it’s now clear he will likely still have criminal indictments hanging over his head on Election Day. It’s possible that his criminal liability for the events leading up to the Jan. 6 riot at the Capitol will remain unresolved.If that happens, voters will go to the polls without knowing whether one of the candidates in the current election is criminally responsible for trying to overturn the last one and subvert the will of the voters.Having an election under such circumstances is unthinkable. As Richard Nixon might have put it, voters have a right to know whether their candidate is a crook. It can be avoided, but it’s going to require the judiciary to take some extraordinary steps. And whether it happens will be decided by a relative handful of federal jurists — including a number appointed by Mr. Trump himself.Of the four criminal cases pending against Mr. Trump, the federal election interference prosecution in Washington currently has the best chance of going to trial before the 2024 presidential vote. The trial date is set for March 4. The Federal District Court judge overseeing the case, Tanya Chutkan, has been doing an admirable job of keeping it on track. But legal developments that are out of her hands now threaten to derail that schedule: Expected pretrial appeals could push the trial date past the November election.Mr. Trump has moved to dismiss the case on various grounds, including claims of presidential immunity and violation of the double jeopardy clause. For most pretrial motions, if the motion is denied, the defendant must wait to raise the issue again on appeal following conviction, if there is one.But these two motions fall into a narrow category of claims that usually entitle a defendant to an interlocutory appeal — in this case, an appeal before trial. Because these are claims of a constitutional right not to be tried at all, a post-conviction appeal is not an adequate remedy. By that time, the right has already been lost. A defendant is allowed to appeal such claims before the government may put him on trial.If, as expected, Judge Chutkan denies these motions, Mr. Trump will have a right to appeal to the U.S. Court of Appeals for the District of Columbia Circuit. (I expect the appeals will focus primarily on the immunity claim; the double jeopardy argument seems frivolous.) If he loses before a three-judge panel there, he can ask the full court to review that decision. If that fails, he can ask the Supreme Court to review the case. While all that goes on, the trial cannot proceed.In a typical case, an appeals process like this could easily take a year or more. In the first prosecution of Senator Bob Menendez of New Jersey, appeals over his claims of constitutional immunity under the speech or debate clause delayed the trial for about 18 months, even with the Supreme Court declining to take the case.In the Trump case, delays like that would push the trial well past November. If Mr. Trump wins the election, he would be able to shut down the two federal prosecutions and could probably have the state prosecutions at least postponed while he is in office.This appears to be the primary defense strategy in Mr. Trump’s criminal cases: delay as much as possible to put off any trials until after next November, when Mr. Trump hopes to be in a position to put an end to his legal problems.Having an election with Mr. Trump on the ballot and his criminal liability for Jan. 6 unresolved could spell disaster for the rule of law. It’s also completely avoidable if the courts — and in particularly, the judges who control the schedule — are willing to do what’s necessary: put the resolution of these motions on a fast track to ensure the case can go to trial as scheduled.Typically, the judicial and political calendars do not intersect. We expect judges to ignore political considerations and campaign schedules when making their decisions. But in times of political crisis, the federal judiciary cannot simply turn a blind eye. It must respond in a way that will enable the political system to address that crisis in a timely manner. This is one of those times.This is not a proposal for the courts to act in a partisan fashion. We don’t know whether Mr. Trump’s claim of immunity will be upheld. If it is rejected, we don’t know what the result of the trial will be. The outcome of the legal process is not the point. The point is that the country deserves to know that outcome before it chooses the next leader of the free world.There is precedent for this kind of judicial rapid response. During Watergate, the appeal of the order for President Nixon to turn over the subpoenaed White House tapes was resolved in only about two months — and that included arguments before and an opinion by the Supreme Court. During the 2000 presidential election, that court heard arguments in Bush v. Gore on Dec. 11 and the very next day issued its opinion shutting down the vote recount in Florida. The usually sedate appellate courts can move with dispatch when they want to.This case requires similar urgency. The initial appeals here could be easily heard and decided within a few weeks. Whether to grant a rehearing before the full Court of Appeals is discretionary, but if it does grant such a hearing, it needs to be equally speedy.After the District of Columbia Circuit rules, the losing party will seek Supreme Court review. If Mr. Trump loses the motions, my own hunch is that the Supreme Court may not take the case. In past disputes the justices have not shown much willingness to go out of their way to help Mr. Trump, and the last thing this embattled court needs right now is to wade into another controversy. But if the court does feel the need to weigh in on these novel constitutional issues, it also needs to move very swiftly.There’s no reason the entire process, including Supreme Court review, could not be completed by January. That would allow the trial date to stay on track if the motions are denied.There’s no concern about Mr. Trump being prejudiced by this relatively breakneck pace. He has vast financial and legal resources. The issues are already fully briefed before Judge Chutkan. The issues are novel — because nothing like Jan. 6 has happened before — but the questions are not extraordinarily complex; we need a rocket docket, but this is not rocket science.Some might argue that voters already have enough information about Mr. Trump’s actions and Jan. 6. But a criminal trial is different. In the aftermath of the 2020 election, Mr. Trump and his allies made repeated claims of voter fraud and a “rigged” election. Those claims uniformly failed when tested in court by the adversary system, where actual evidence is required and witnesses testify under oath. In an age of disinformation and fake news, courts remain the arena where facts still matter.Some voters will not accept the verdict of a criminal trial, no matter what the outcome. But for many it could be a critical data point when casting their ballot.It’s already not possible to have the trial completed before most of the presidential primaries; Super Tuesday, with over a dozen primaries in states and territories across the country, is March 5. Mr. Trump could have the nomination sewn up by the time the trial is over. But the trial could easily be concluded before the Republican convention in July, so the delegates could decide whether they really want to nominate a felon (if that is the outcome) to lead the country.A functioning democracy requires an informed electorate. It’s hard to imagine a more important piece of information for voters to have next November than whether a candidate is criminally culpable for trying to overturn the last presidential election.Our legal system can resolve this case expeditiously while still protecting the defendant’s rights, but the judiciary will have to step up and do its part to protect democracy.Randall. D. Eliason is the former chief of the fraud and public corruption section at the U.S. Attorney’s Office for the District of Columbia and teaches white-collar criminal law at George Washington University Law School. He blogs at Sidebarsblog.com.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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    Why Biden’s Weakness Among Young Voters Should Be Taken Seriously

    Almost all the polling shows the same pattern. Could the coming campaign restore Democrats’ usual advantage?A solid youth vote edge could be in doubt for Democrats in 2024. Gabriella Angotti-Jones for The New York TimesCould President Biden and Donald J. Trump really be locked in a close race among young voters — a group Democrats typically carry by double digits — as the recent Times/Siena polls suggest?To many of our readers and others, it’s a little hard to believe — so hard to believe that it seems to them the polls are flat-out wrong.Of course, it’s always possible that the polls are wrong. I’ve thought our own polling might be wrong before, and I would be very apprehensive if it were just our poll out on a limb. But this isn’t about one Times/Siena poll: Virtually every poll shows a close race between Mr. Biden and Mr. Trump among young voters.When dozens of polls all say the same thing, it’s worth taking the polling seriously. It’s easy to remember that the polling can be wrong, but it can be easy to forget that the polling is usually in the ballpark. It’s a losing game to dismiss all polling simply because it doesn’t comport with expectations.Now, that doesn’t mean I don’t sympathize with those who question whether the final election results will look like recent polls. Personally, I’m skeptical the final results will look quite like these polls. But even if you think the final results will be very different, it does not mean that the polls are “wrong” today.In fact, the belief that Mr. Biden will ultimately win young voters handily next year does nothing to distinguish two very different explanations for what we see in the polling:The polls are mostly wrong. They’re biased. For whatever reason, they fail to reach the Democratic-leaning young voters who propelled Mr. Biden to victory in 2020.The polls are mostly right. They’re reaching the young voters who backed Mr. Biden. But for now, these voters don’t support him. Over the next year, things could change.When it comes to the Times/Siena poll, we’ve put forward a lot of evidence consistent with the theory that the polling is mostly right, but that things might change.By the measures at our disposal, the voters 18 to 29 in our survey “look” right. They say they backed Mr. Biden over Mr. Trump in the last presidential election by a wide margin, 57-35, right in line with our expectations. They “look” right by other measures of partisanship as well. In the states with party registration, for instance, the Times/Siena young voters were registered Democrats by a 13-point margin, 35 percent to 22 percent. That’s almost exactly in line with their actual 13-point registration advantage, 36 percent to 23 percent.It’s important to emphasize that just because the polls “look” right doesn’t mean they are right. Our polls looked “right” by these kind of indicators in 2020. They were still wrong in important ways (though they were right about plenty as well, including racial and generational depolarization). But these data points nonetheless raise the burden on those who assert that the issue is partisan nonresponse bias, in which young Democrats simply aren’t answering their cellphones (99.8 percent of our young respondents were reached by cellphone).We see no evidence of that. In our polling, the problem for Mr. Biden isn’t too few young Democrats. It’s that many young Democrats don’t like him. Mr. Biden has just a 76-20 lead among young voters either registered as Democrats or who have previously voted in a Democratic primary. It’s just a 69-24 lead among young nonwhite Democrats. The dissent exists among self-identified Democrats, Democratic-leaners, Biden ’20 voters, and so on.This kind of intraparty dissent is rare but not without precedent in our polling. I’ve seen it in our congressional polls of highly educated suburbs full of Romney-Clinton voters. And I’ve seen it once before in a statewide presidential race: our final polls in 2016, when Mr. Trump suddenly surged to obtain 30 percent of white working-class registered Democrats. It was hard to believe, but it was fairly easy to explain and it raised the serious possibility of a Trump win.Similarly, I think it’s fairly straightforward to explain Mr. Biden’s weakness among young voters today, much as it was easy to explain Mrs. Clinton’s among white working-class voters in 2016. Young voters are by far the likeliest to say he’s just too old to be an effective president. Many are upset about his handling of the Israel-Hamas war. And all of this is against the backdrop of Mr. Biden’s longstanding weakness among young voters, who weren’t enthusiastic about him in 2020, and Mr. Trump’s gains among nonwhite voters, who are disproportionately young.But even if you don’t buy these explanations, that’s mostly just a reason to believe the numbers will shift over the next year, not a reason to dismiss the polling.After all, these polls do not depict the usual, stable basis for vote choice that we’ve become accustomed to in our polarized country. This is not an election where almost all voters like their own party’s candidate while disliking the opposing party’s candidate and disagreeing with them on the issues. Instead, we have an unstable arrangement: Millions of voters dislike both candidates, entertain minor-party candidates and when pressed often say they would vote for someone from the other major political party whom they disagree with on many important issues. These are the textbook conditions for volatility, and it’s entirely reasonable to doubt whether the arrangement will last once the campaign gets underway.We tried to illustrate the abstract possibility that “things can change” more concretely through an article in which we called back the Kamala-not-Joe voters — the young voters who back Vice President Kamala Harris over Mr. Trump but not Mr. Biden over Mr. Trump. It’s worth noting that these are the kinds of voters we would expect to find in the data if Mr. Biden really were performing this badly among an otherwise typical sample of young voters — much as the 2016 polling featured plenty of white working-class Trump voters who approved of Barack Obama and who said they voted for him in 2012.There’s one other way the results might end up “normal,” even with today’s polling: a low youth turnout. Almost all of the polls nowadays are among registered voters, not likely voters, and most of Mr. Biden’s weakness is among disengaged voters on the periphery of the electorate. In the latest Times/Siena polling, Mr. Biden leads by 15 points among young voters who turned out in the midterms, while he trails by three points among young voters who didn’t turn out. If these irregular, disaffected voters simply choose not to vote, Mr. Biden will most likely have a healthy lead with young voters.There are countless other reasons the polls today may not ultimately align with the final result. For one, Mr. Trump could be convicted of federal crimes in six months. But just because the polls aren’t necessarily “predictive” of the final outcome does not mean they’re wrong. It doesn’t mean they’re not worth taking seriously, either. For the campaigns, taking the numbers seriously today may wind up being exactly what changes the numbers tomorrow. More

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    Trump Has a Master Plan for Destroying the ‘Deep State’

    I study government bureaucracies. This is not normally a key political issue. Right now, it is, and everyone should be paying attention.Donald Trump, the former president and current candidate, puts it in apocalyptic terms: “Either the deep state destroys America or we destroy the deep state.” This is not an empty threat. He has a real and plausible plan to utterly transform American government. It will undermine the quality of that government and it will threaten our democracy.A second Trump administration would be very different from the first. Mr. Trump’s blueprint for amassing power has been developed by a constellation of conservative organizations that surround him, led by the Heritage Foundation and its Project 2025. This plan would elevate personal fealty to Mr. Trump as the central value in government employment, processes and institutions.It has three major parts.The first is to put Trump loyalists into appointment positions. Mr. Trump believed that “the resistance” to his presidency included his own appointees. Unlike in 2016, he now has a deep bench of loyalists. The Heritage Foundation and dozens of other Trump-aligned organizations are screening candidates to create 20,000 potential MAGA appointees. They will be placed in every agency across government, including the agencies responsible for protecting the environment, regulating workplace safety, collecting taxes, determining immigration policy, maintaining safety net programs, representing American interests overseas and ensuring the impartial rule of law.These are not conservatives reluctantly serving Mr. Trump out of a sense of patriotic duty, but those enthusiastic about helping a twice-impeached president who tried to overturn the results of an election. An influx of appointees like this would come at a cost to the rest of us. Political science research that examines the effects of politicization on federal agencies shows that political appointees, especially inexperienced ones, are associated with lower performance in government and less responsiveness to the public and to Congress.The second part of the Trump plan is to terrify career civil servants into submission. To do so, he would reimpose an executive order that he signed but never implemented at the end of his first administration. The Schedule F order would allow him to convert many of these officials into political appointees.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please  More

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    Why Trump Represents a ‘Trifecta of Danger’

    Brian Klaas, a political scientist at University College London, captures the remarkable nature of the 2024 presidential election in an Oct. 1 essay, “The Case for Amplifying Trump’s Insanity.”Klaas argues that the presidential contest now pitsA 77-year-old racist, misogynist bigot who has been found liable for rape, who incited a deadly, violent insurrection aimed at overturning a democratic election, who has committed mass fraud for personal enrichment, who is facing 91 separate counts of felony criminal charges against him, and who has overtly discussed his authoritarian strategies for governing if he returns to poweragainst “an 80-year-old with mainstream Democratic Party views who sometimes misspeaks or trips.”“One of those two candidates,” Klaas notes, “faces relentless newspaper columns and TV pundit ‘takes’ arguing that he should drop out of the race. (Spoiler alert: it’s somehow *not* the racist authoritarian sexual abuse fraudster facing 91 felony charges).”Klaas asks:What is going on? How is it possible that the leading candidate to become president of the United States can float the prospect of executing a general and the media response is … crickets?How is it possible that it’s not front page news when a man who soon may return to power calls for law enforcement to kill people for minor crimes? And why do so few people question Trump’s mental acuity rather than Biden’s, when Trump proposes delusional, unhinged plans for forest management and warns his supporters that Biden is going to lead us into World War II (which would require a time machine), or wrongly claims that he defeated Barack Obama in 2016?The media, Klaas argues, has adopted a policy in covering Trump of: “Don’t amplify him! You’re just spreading his message.”In Klaas’s view, newspapers and television have succumbed to what he calls the “banality of crazy,” ignoring “even the most dangerous policy proposals by an authoritarian who is on the cusp of once again becoming the most powerful man in the world — precisely because it happens, like clockwork, almost every day.”This approach, according to Klaas,has backfired. It’s bad for democracy. The “Don’t Amplify Him” argument is disastrous. We need to amplify Trump’s vile rhetoric more, because it will turn persuadable voters off to his cruel message.Looking over the eight-and-a-half years during which Trump has been directly engaged in presidential politics, it’s not as if there were no warning signs.Three months after Trump took office, in April 2017, a conference called “A Duty to Warn” was held at the Yale School of Medicine.The conference resulted in a best-selling book, “The Dangerous Case of Donald Trump: 27 Psychiatrists and Mental Health Experts Assess a President.” A sampling of the chapter titles gives the flavor:“Our Witness to Malignant Normality,” by Robert Jay Lifton.“Unbridled and Extreme Hedonism: How the Leader of the Free World Has Proven Time and Again That He Is Unfit for Duty,” by Philip Zimbardo and Rosemary Sword.“Pathological Narcissism and Politics: a Lethal Combination,” by Craig Malkin.In a review of that book, “Twilight of American Sanity: a Psychiatrist Analyzes the Age of Trump” and “Fantasyland: How America Went Haywire, a 500-Year History,” Carlos Lozada, now a Times Opinion columnist, wrote in The Washington Post that the political elite in Washington was increasingly concerned about Trump’s mindset:“I think he’s crazy,” Sen. Jack Reed (D-R.I.) confided to his colleague Sen. Susan Collins (R-Maine) in a July exchange inadvertently caught on a microphone. “I’m worried,” she replied …. Even some Republicans have grown more blunt, with Sen. Bob Corker (Tenn.) recently suggesting that Trump “has not yet been able to demonstrate the stability nor some of the competence” to succeed as president.The warnings that Donald Trump is dangerous and unstable began well before his 2016 election and have become increasingly urgent.These warnings came during the 2016 primary and general campaigns, continued throughout Trump’s four years in the White House, and remain relentless as he gets older and more delusional about the outcome of the 2020 election.I asked some of those who first warned about the dangers Trump poses what their views are now.Leonard L. Glass, an associate professor of psychiatry at Harvard Medical School, emailed me:He acts like he’s impervious, “a very stable genius,” but we know he is rageful, grandiose, vengeful, impulsive, devoid of empathy, boastful, inciting of violence, and thin-skinned. At times it seems as if he cannot control himself or his hateful speech. We need to wonder if these are the precursors of a major deterioration in his character defenses.Glass continued:If Trump — in adopting language that he cannot help knowing replicates that of Hitler (especially the references to opponents as “vermin” and “poisoning the blood of our country”), we have to wonder if he has crossed into “new terrain.” That terrain, driven by grandiosity and dread of exposure (e.g., at the trials) could signal the emergence of an even less constrained, more overtly vicious and remorseless Trump who, should he regain the presidency, would, indeed act like the authoritarians he praises. Absent conscientious aides who could contain him (as they barely did last time), this could lead to the literal shedding of American blood on American soil by a man who believes he is “the only one” and the one, some believe, is a purifying agent of God and in whom they see no evil nor do they doubt.In recent months, Trump has continued to add to the portrait Glass paints of him.In March, he told loyalists in Waco, Texas:I am your warrior. I am your justice. And for those who have been wronged and betrayed, I am your retribution.“With you at my side,” Trump went on to say,we will totally obliterate the deep state, we will banish the warmongers from our government, we will drive out the globalists, and we will cast out the communists and Marxists, we will throw off the corrupt political class, we will beat the Democrats, we will rout the fake news media, we will stand up to the RINOs, and we will defeat Joe Biden and every single Democrat.At the California Republican Convention on Sept. 29, Trump told the gathering that under his administration shoplifters will be subject to extrajudicial execution: “We will immediately stop all the pillaging and theft. Very simply, if you rob a store, you can fully expect to be shot as you are leaving that store.”Trump has continued to forge ahead, pledging to a crowd of supporters in Claremont N.H. on Nov. 11: “We will root out the communists, Marxist fascists and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections and will do anything possible, they’ll do anything whether legally or illegally to destroy America and to destroy the American dream.”Nothing captures Trump’s megalomania and narcissism more vividly than his openly declared agenda, should he win back the White House next year.On Nov. 6, Isaac Arnsdorf, Josh Dawsey and Devlin Barrett reported in The Washington Post that Trump “wants the Justice Department to investigate onetime officials and allies who have become critical of his time in office, including his former chief of staff, John F. Kelly, and former attorney general William P. Barr, as well as his ex-attorney Ty Cobb and former Joint Chiefs of Staff chairman Gen. Mark A. Milley.”Trump, the Post noted, dismissed federal criminal indictments as “third-world-country stuff, ‘arrest your opponent,’ ” and then claimed that the indictments gave him license, if re-elected, to do the same thing: “I can do that, too.”A week later, my Times colleagues Maggie Haberman, Charlie Savage and Jonathan Swan, quoted Trump in “How Trump and His Allies Plan to Wield Power in 2025”: “I will appoint a real special prosecutor to go after the most corrupt president in the history of the United States of America, Joe Biden, and the entire Biden crime family,” adding, “I will totally obliterate the deep state.”In an earlier story, Haberman, Savage and Swan reported that Trump allies are preparing to reissue an executive order known as Schedule F, which Trump promulgated at the end of his presidency, but that never went into effect.Schedule F, the reporters wrote,would have empowered his administration to strip job protections from many career federal employees — who are supposed to be hired based on merit and cannot be arbitrarily fired. While the order said agencies should not hire or fire Schedule F employees based on political affiliation, it effectively would have made these employees more like political appointees who can be fired at will.Schedule F would politicize posts in the senior civil service authorized to oversee the implementation of policy, replacing job security with the empowerment of the administration to hire and fire as it chose, a topic I wrote about in an earlier column.I asked Joshua D. Miller, a professor of psychology at the University of Georgia, whether he thought Trump’s “vermin” comment represented a tipping point, an escalation in his willingness to attack opponents. Miller replied by email: “My bet is we’re seeing the same basic traits, but their manifestation has been ratcheted up by the stress of his legal problems and also by some sense of invulnerability in that he has yet to face any dire consequences for his previous behavior.”Miller wrote that he haslong thought that Trump’s narcissism was actually distracting us from his psychopathic traits. I view the two as largely the same but with psychopathy bringing problems with disinhibition (impulsivity; failure to delay gratification, irresponsibility, etc.) to the table and Trump seems rather high on those traits along with those related to narcissism (e.g., entitlement, exploitativeness), pathological lying, grandiosity, etc.).I asked Donald R. Lynam, a professor of psychology at Purdue, the same question, and he emailed his reply: “The escalation is quite consistent with grandiose narcissism. Trump is reacting more and more angrily to what he perceives as his unfair treatment and failure to be admired, appreciated and adored in the way that he believes is his due.”Grandiose narcissists, Lynam continued, “feel they are special and that normal rules don’t apply to them. They require attention and admiration,” adding “this behavior is also consistent with psychopathy which is pretty much grandiose narcissism plus poor impulse control.”Most of the specialists I contacted see Trump’s recent behavior and public comments as part of an evolving process.“Trump is an aging malignant narcissist,” Aaron L. Pincus, a professor of psychology at Penn State, wrote in an email. “As he ages, he appears to be losing impulse control and is slipping cognitively. So we are seeing a more unfiltered version of his pathology. Quite dangerous.”In addition, Pincus continued, “Trump seems increasingly paranoid, which can also be a reflection of his aging brain and mental decline.”The result? “Greater hostility and less ability to reflect on the implications and consequences of his behavior.”Edwin B. Fisher, a professor of psychology at the University of North Carolina, made the case in an email that Trump’s insistence on the validity of his own distorted claims has created a vicious circle, pressuring him to limit his close relations to those willing to confirm his beliefs:His isolation is much of his own making. The enormous pressures he puts on others for confirmation and unquestioning loyalty and his harsh, often vicious responses to perceived disloyalty lead to a strong, accelerating dynamic of more and more pressure for loyalty, harsher and harsher judgment of the disloyal, and greater and greater shrinking of pool of supporters.At the same time, Fisher continued, Trump is showing signs of cognitive deterioration,the confusion of Sioux Falls and Sioux City, several times referring to having beaten and/or now running against Obama, or the odd garbling of words on a number of occasions for it seems like about a year now. Add to these the tremendous pressure and threat he is under and you have, if you will, a trifecta of danger — lifelong habit, threat and possible cognitive decline. They each exacerbate the other two.Fisher noted that he anticipated the movement toward increased isolation in his 2017 contribution to the book, “The Dangerous Case of Donald Trump,” which I mentioned earlier:Reflecting the interplay of personal and social, narcissistic concerns for self and a preoccupation with power may initially shape and limit those invited to the narcissistic leader’s social network, with sensitivity to slights and angry reactions to them further eroding that network.This process of exclusion, Fisher wrote, becomes self-reinforcing:A disturbing feature of this kind of dynamic is that it tends to feed on itself. The more the individual selects for those who flatter him and avoid confrontation, and the more those who have affronted and been castigated fall away, the narrower and more homogenous his network becomes, further flattering the individual but eventually becoming a thin precipice. President Nixon, drunk and reportedly conversing with the pictures on the White House walls, and praying with Henry Kissinger during his last nights in office, comes to mind.Craig Malkin, a lecturer in psychology at Harvard Medical School, raised a separate concern in an email responding to my inquiry:If the evidence emerging proves true — that Trump knew he lost and continued to push the big lie anyway — his character problems go well beyond simple narcissism and reach troubling levels of psychopathy. And psychopaths are far more concerned with their own power than preserving truth, democracy or even lives.In 2019, leaked memos written by Britain’s ambassador to the United States, Kim Darroch, warned British leaders that the Trump presidency could “crash and burn” and “end in disgrace,” adding: “We don’t really believe this administration is going to become substantially more normal; less dysfunctional; less unpredictable; less faction riven; less diplomatically clumsy and inept.”In 2020, Pew Research reported that “Trump Ratings Remain Low Around Globe.” Pew found:Trump receives largely negative reviews from publics around the world. Across 32 countries surveyed by Pew Research Center, a median of 64 percent say they do not have confidence in Trump to do the right thing in world affairs, while just 29 percent express confidence in the American leader. Anti-Trump sentiments are especially common in Western Europe: Roughly three-in-four or more lack confidence in Trump in Germany, Sweden, France, Spain and the Netherlands.A recent editorial in The Economist, carried the headline: “Donald Trump Poses the Biggest Danger to the World in 2024.” “A second Trump term,” the editorial concludes:would be a watershed in a way the first was not. Victory would confirm his most destructive instincts about power. His plans would encounter less resistance. And because America will have voted him in while knowing the worst, its moral authority would decline. The election will be decided by tens of thousands of voters in just a handful of states. In 2024 the fate of the world will depend on their ballots.Klaas, who opened this column, concludes that a crucial factor in Trump’s political survival is the failure of the media in this country to recognize that the single most important story in the presidential election, a story that dominates over all others, is the enormous threat Trump poses:The man who, as president, incited a violent attack on the U.S. Capitol in order to overturn an election is again openly fomenting political violence while explicitly endorsing authoritarian strategies should he return to power. That is the story of the 2024 election. Everything else is just window dressing.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